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Minutes

Oakley City Council
May 10, 2022

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Minutes
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May 10, 2022
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Oakley City Council
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Minutes of Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority held
May 10, 2022
Mayor Randy Pope called the meeting to order at 6:30 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Mayor Aaron Meadows and Councilmembers Anissa Williams, George Fuller and Sue Higgins were also in attendance.
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

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

1.3 Proclamation Recognizing May 15-21, 2022 as National Police Week Mayor Pope presented the proclamation to Chief of Police Paul Beard.

1.4 Proclamation Recognizing May 15-21, 2022 as National Public Works Week The proclamation was made part of the meeting record.

1.5 Update from Diablo Water District (Dan Muelrath, General Manager) Dan Muelrath, General Manager of Diablo Water District (DWD), provided a PowerPoint presentation.
2) PUBLIC COMMENTS
None.
3) CONSENT CALENDAR

3.1 Approve Minutes from the Special City Council Meeting held March 31, 2022 (Kim Snodgrass, Deputy City Clerk)

3.2 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency and Special Public Financing Authority Meeting held April 26, 2022 (Libby Vreonis, City Clerk)

3.3 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)

3.4 Waive the Second Reading and Adopt an Ordinance Making Findings and Adopting a Mitigated Negative Declaration and Rezoning two Parcels Comprised of Approximately 10.6 Acres Located at 463 Honey Lane (APN 033-030-028) and 560 Honey Lane (APN 033-030-032) From Single Family Residential (R-6) District to Planned Unit Development (P-1) District for the Project Titled “Honey Creekside Subdivision 9579” (RZ 03-21) (Ken Strelo, Planning Manager)

3.5 Acceptance of work associated with Capital Improvement Project Number 257 – Fiscal Year 2021/22 Curb, Gutter and Sidewalk Repair and Replacement Project (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.6 Acceptance of Work Associated with Capital Improvement Project (CIP) Number 264 - Main Street/Cypress Road Intersection Repair and Resurfacing Project (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.7 Acceptance of Work Associated with Capital Improvement Project (CIP) Number 272 - Legless Lizard Preserve Fence Project (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.8 City of Oakley Quarterly Investment Report (3rd Quarter FY 2021/22) (Tim Przybyla, Finance Director)

3.9 City of Oakley as Successor Agency to the Oakley Redevelopment Agency - Quarterly Investment Report (3rd Quarter FY 2021/22) (Tim Przybyla, Finance Director)

3.10 Two Resolutions Initiating the Fiscal Year 2022-23 Oakley Street Lighting and Landscape Assessment District No. 1 proceedings; initiating the process and declaring the intention to levy and collect assessments, and setting June 14, 2022 as the date for the Public Hearing (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.11 Adopt A Resolution Amending the 2021-2022 Salary Schedule to include the addition and replacement of specific job classifications (Jeri Tejeda, Human Resources Director)

3.12 Adopt A Resolution Accepting Grant Deed for Certain Parcel of Property More Particulary Described as Contra Costa County APN 041-240-044 (Derek Cole, City Attorney)

3.13 Creating Zone 183 within the Oakley Special Police Tax Area consisting of the 3350 Main Street project located at the northwest corner of Main Street and Norcross Lane (Kevin Rohani, P.E., Public Works Director/City Engineer)
Councilmember Fuller pulled item 3.2.

It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0)
Item 3.2
Councilmember Fuller requested the April 26, 2022 minutes be amended to include that Supervisor Burgis offered to work as a partner with the City regarding the library before he accepted her offer. He mentioned he feels it is important that she should receive credit for reaching out.

It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to approve the minutes as amended. AYES: Fuller, Meadows, Pope, Williams.

ABSTENTION: Higgins. (4-0-1)
4) PUBLIC HEARINGS
None.
5) REGULAR CALENDAR

5.1 American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds Update – Additional Allocation Recommendations and Request to Establish an Ad-Hoc Committee to Review ARPA Nonprofit Grant Applications (Joshua McMurray, City Manager)
City Manager Joshua McMurray presented the staff report.

Fire Hydrant Maintenance
Vice Mayor Meadows requested clarification why the City is funding the DWD fire hydrant replacement, he expressed he doesn’t feel it is the City’s responsibility to maintain DWD infrastructure, and he inquired where the fire hydrants are located in Oakley.

Councilmember Higgins requested clarification where the fire hydrants are located.

Mr. McMurray explained DWD is a special district which did not receive ARPA funding and this funding will support public safety in that it will help repair fire hydrants.

Mr. Muelrath explained there is no record of ownership of the fire hydrants located in the Downtown area around 2nd Street for the past 50-60 years, this one-time helps DWD repair them sooner than the normal budget process to ensure safety of residents, DWD inherited a cost of $5-6 million, it committed to the fire department it would be done in a 5-year period, and DWD has built remaining cost in their rate structure for all future years.

CIP 249-Recreation Center Emergency Generator Project
Mayor Pope requested to incorporate an emergency radio repeater into the emergency back-up generator.

Vice Mayor Meadows requested clarification if it his hooked up yet.

Mr. McMurray indicated staff will look into whether or not an emergency radio repeater can be included in this cost or if it will need to come back for allocation. He mentioned the generator is not hooked up but they will be able to install without PG&E so they should have a quicker process than the emergency generator at City Hall that requires PG&E involvement.

Councilmember Fuller requested all of the projects come back to the Council for discussion rather than splitting them up.

Ad Hoc Committee to Review Non-Profit Grant Applications Councilmembers Williams and Higgins agreed to be on the ad hoc committee.

Councilmember Fuller moved to approve the allocation recommendations without an ad hoc committee, rather prioritization of non-profits will be completed by staff. The motion died for lack of a second.

Vice Mayor Meadows moved to approve the allocation recommendations excluding the fire hydrant allocation and including the ad hoc committee. The motion died for lack of a second.

It was moved by Councilmember Higgins and seconded by Councilmember Williams to approve the allocation recommendations as written (including the ad hoc committee).

A roll call vote was taken as follows: AYES: Fuller, Higgins, Pope, Williams. NOES:

Meadows. (4-1)

5.2 A Resolution of the City of Oakley City Council Making Findings and Denying the Project Known as "Quick Quack Car Wash at Laurel Plaza Conditional Use Permit (CUP 02-20) and Design Review (DR 08-20)" Located in the Laurel Plaza Shopping Center on the Northwest Corner of Laurel Road and O’Hara Avenue (APN 035-510-009)
(Derek Cole, City Attorney)
City Attorney Derek Cole presented the staff report. He mentioned for the record that although the public hearing closed, public comments are still allowed under the Brown Act.

Mayor Pope called for public comments.

There being no public comments, Mr. Cole requested the record reflect that no comments were received from the applicant and the applicant is not required to submit comments.

It was moved by Councilmember Williams and seconded by Councilmember Fuller to adopt the resolution, AYES: Fuller, Higgins, Pope, Williams. NOES: Meadows. (4-1)

5.3 Special Event Beer and Wine Concessions Selection from RFP (Lindsey Bruno, Recreation Director)
Vice Mayor Meadows recused himself.

Recreation Director Lindsey Bruno presented the staff report.

Councilmember Fuller expressed he is not a fan of alcohol at City events and understands this is a fundraiser. He requested if approved, he would like to keep it to 1 year. He requested the RFP be advertised to all non-profits and perhaps to a Board or consortium of NGOs.

Councilmember Williams supported allowing the Rotary to handle the events, she suggested the Rotary mentor other non-profits how to run the concessions, and she expressed she would rather have alcohol sold and monitored than brought into the events by attendees.

Councilmember Higgins requested clarification if Rotary gets to handle all Friday Night Bites events as it did the previous event.

Mr. McMurray suggested they could do a separate RFP for Friday Night Bites.

Ms. Bruno explained the organizer of Friday Night Bites has been looking for a beer truck since the beginning of the pandemic and cannot locate one, the City cannot apply for a license to sell alcohol, and the Rotary has offered to do it.

Rotary President Hugh Henderson expressed they hoped there would be more interest to share some of the events, but they are willing to handle all four events and to have other non-profits shadow them. He shared their intent is not to take it on forever and any proceeds will go back into the community.

Greg Robinson with the Rotary welcomed other non-profits to train with them and agreed that alcohol sales are more regulated this way.

Mayor Pope requested signage at the booth how non-profits can participate next year.

He mentioned the non-profit roundtable Supervisor Burgis started when she was on the Oakley City Council could be a good resource to tap into. He agreed with comments made by Councilmember Fuller regarding alcohol sales at family events and expressed he does not want it to create a problem.

Ms. Bruno shared the same email list for the non-profit roundtable was used.

It was moved by Councilmember Higgins and seconded by Councilmember Williams to select the Rotary for the four events stated in 2022. AYES: Fuller, Higgins, Pope, Williams. ABSTENTION: Meadows. (4-0-1)

5.4 Adopt a Resolution Approving Action Minutes for Meetings (Libby Vreonis, City Clerk)
City Clerk Libby Vreonis presented the staff report.

Councilmember Williams expressed support for action minutes but also expressed concern regarding technology issues with meeting video. She inquired if meeting video will exist in perpetuity and if it can be placed on YouTube.

Mrs. Vreonis explained the Council can request that staff include in the resolution that summary minutes or lengthy summary minutes be prepared in the event the meeting video is unavailable, the meeting video is currently retained for 2 years in accordance with the City’s retention schedule, and she can look into whether or not the video can exist on YouTube.

Councilmember Fuller inquired if transcription is available and how that may impact the workload. He agreed with Councilmember Williams to have video available longer, possibly 10 years, with a transcript.

Mrs. Vreonis shared she has utilized transcription but whether using that or taking notes during meetings and finalizing them later, it is taking 2-3 business days to prepare the minutes when nearing 30 pages, about the same workload.

Vice Mayor Meadows requested clarification if action minutes would make it easier to prepare minutes.

Mrs. Vreonis confirmed that is correct.

Mayor Pope echoed Councilmember Williams’ comments regarding technology and if it is not working, he suggested the meeting be postponed. He expressed he is in favor of action minutes because lengthier minutes may not catch the essence, but it is not an issue with the video. He mentioned he does not believe storage is an issue with technology today and indefinite retention should not be an issue. He expressed he is in favor of cross posting to YouTube or other platforms.

Councilmember Fuller requested more information regarding action minutes.

Mrs. Vreonis referred him to the first attachment in the staff report showing an example of action minutes from the City of Martinez.

Councilmember Fuller expressed it would be different from type of minutes he prefers which is the type taken now.

It was moved by Councilmember Higgins to adopt the resolution including a provision for lengthy summary minutes if video is unavailable.

Councilmember Williams amended the motion to include having meeting video available on YouTube or other platforms.

Councilmember Higgins accepted the amendment.

Councilmember Fuller commented YouTube provides closed captioning and a transcript and recommended that be included.

Councilmember seconded the motion with her amendment and Councilmember Fuller’s recommendation included. Motion was unanimous and so ordered. (5-0) 6) REPORTS

6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray announced the Taste of Oakley is sold out and will be held May 14, 6 p.m.-8 p.m. at the Oakley Recreation Center and Oakley’s Got Talent will be held May 21, beginning at 7 p.m. at the Oakley Recreation Center. He also announced the Housing Element-Affordable Housing survey is available online through the City’s website through May 27.

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 Higgins announced Stand Up on the Delta will be held June 3-5 at the Contra Costa Fairgrounds and is geared to the public with a focus on Veterans. She reported she attended the Tri-Delta meeting and Jeanne Krieg was named CalTrans’ Small Operator Transit Professional of the Year, the Out of the Darkness walk will be held in October which she is bringing up since May is mental health month, Station 55 will have its ribbon-cutting June 1 at 10 a.m., and the Lions Club will be serving beer at the Contra Costa Fair May 12 and 15.

Councilmember Fuller reported he attended the Planning Commission meeting where Shannon Shaw was selected as Chair. He introduced her in the audience. He also reported as ECCFPD consolidates with CCCFPD Chief Helmick has expressed we are safe and will receive enhanced service with consolidation. (b) Requests for Future Agendas
Mayor Pope requested staff look into a strong sideshow ordinance for the City to have its own mechanism of civil and administrative actions (i.e., vehicle impound or seizure) to control activities in house rather than relying on the District Attorney who may or may not file charges.

Councilmembers Williams and Fuller supported it. Councilmember Fuller suggested it include a misdemeanor charge for violations to provide teeth to the ordinance. 7) WORK SESSIONS

7.1 Fiscal Year 2022/2023 Budget Workshop (Tim Przybyla, Finance Director) Finance Director Tim Przybyla presented the staff report and PowerPoint presentation.

Councilmember Fuller inquired how much the City will collect in total revenue for the year.

Mr. Przybyla explained the figures haven’t yet been put together, but it will be higher than the General Fund amount. He shared they are adding Strategic Plan objectives and measures this year to tie back into Strategic Plan goals. 8) CLOSED SESSION
None.
9) ADJOURN
There being no further business, the meeting was adjourned at 8:10 p.m.

Respectively Submitted,
Libby Vreonis
City Clerk

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