Minutes of the 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 held
July 12, 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
Vice Mayor Aaron Meadows called the meeting to order at 6:35 pm in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Councilmembers Anissa Williams, George Fuller and Sue Higgins were also in attendance. Mayor Randy Pope was absent.
1.2 Pledge of Allegiance to the Flag (Girl Scout Troop 33666) Girl Scouts from Troop 33666 lead the Pledge of Allegiance to the Flag.
1.3 Contra Costa Transportation Authority Update (Tim Haile, Executive Director)
CCTA Tim Haile, Executive Director provided a PowerPoint presentation including information regarding what CCTA does, 2004 Measure J funding projects, leveraging local funding (3:1 leveraging ratio), travel behavior, survey regarding willingness to try/increase modes of transportation to alleviate congestion on SR-4/242, Vision Zero approach to safety, Transit First program, Countywide safety through a synchronized signal system, clean corridors, Accessible Transportation Strategic Plan, redefining mobility, SR 4 Design Alternative Assessment (DAA), SR 239/connector to Byron airport, Glydways system, and East Contra Costa County DPMT Conceptual Routing Plan.
Councilmember Fuller asked Mr. Haile to provide detail on the Byron project.
Mr. Haile explained the project would provide better access to the Byron airport to have freight and goods movement to SR 239. He mentioned the County has a development plan around the Byron airport which can be used to leverage trucks on the road or as a transportation hub.
Councilmember Fuller inquired how much infrastructure would have to be done.
Mr. Haile responded the County may have the answer as it has the development plan.
Councilmember Higgins inquired how much longer until Glydways hits streets.
Mr. Haile responded that a request for proposals will be released in September to start the project, to provide technology for the project. He commented Glydways is a potential vendor for it and other vendors can submit proposals to provide similar technology. He mentioned it will be a 3 to 4-year project.
1.4 Liberty Union High School District Update (Eric Volta, Superintendent) Liberty Union High School District Superintendent Eric Volta provided an update including Freedom High School (FHS) is in its 27th year of operation and current enrollment is 2,527 and is projected to be slightly higher by October but enrollment will likely decline due to growth declining in outside areas. He discussed Measure U (2016) projects are close to being completed or have been completed including the construction academy, theater, auxiliary gym, turf replacement on football, baseball and softball fields across the district, and FHS pool expansion. He mentioned COVID protocols continue to follow the status quo. He shared the highest COLA (12.6%) in history has been provided to schools, they have received $9.1 million in one-time funds to be used discretionary on their part, and they have a $121 million approved budget.
1.5 Oakley Union Elementary School District Update (Jeff Palmquist, Superintendent) Oakley Union Elementary School District Superintendent Jeff Palmquist provided an update including they are projecting a steady growth of students over the next few years due to expansion for TK and development, they are 1 of 14 districts to receive an instruction literacy grant, they will use the 1st year to address district leadership with a train-the-trainer model and the next 3 years for impact for students. He shared financially, the District is in order and enrollment projections are key. He also shared they completed painting both middle schools’ facades. He mentioned they have a pandemic services coordinator. He also mentioned they have a leadership development framework and look forward to a continued partnership with the City.
Councilmember Williams inquired if any of the funds from the state will be used toward mental health support. She requested Mr. Palmquist explain the later start time for schools.
Mr. Palmquist shared that the District hired a social worker three months ago, they are creating wellness centers at middle schools, they have floating positions for safety-to provide an extra set of eyes and ears and to monitor and submit work orders, and there is a new Director of Student Services. He mentioned mental health has been an area of focus and will continue to be. He explained the later start time for elementary and middle schools is due to shared transportation being scheduled around a change in state law that has high school students starting later. He shared the most substantial change is 15 minutes and not all sites have this much change in start time. 2) PUBLIC COMMENTS
Hannah Lee requested an oil and gas drill ban be set within City limits and a resolution passed asking the County to ban oil and gas drilling. She shared she has been physically impacted by these things and worries about her health being in jeopardy. She mentioned chronic heart and lung diseases and premature death can be caused by smoke emitted, especially for persons with higher health risks. She urged the Council to take the best public health option of elimination of oil and gas drilling.
Ian Cohen thanked Councilmember Higgins for bringing the issue to the Council’s attention. As an advocate of public health, he requested an oil and gas drilling ban as young families have kids playing next to an oil drill. He indicated the City of Antioch banned oil and gas drilling by changing its zoning rules and asked why Oakley allows it.
He mentioned oil and gas drilling with harmful premature death and lung cancer is within 2.5 miles of homes for families in the Heart of the Delta.
Liz Elias thanked Councilmembers Higgins and Williams for having the courage to step forward toward banning oil and gas drilling. She suggested Oakley look at the City of Richmond’ resolution written by physicians. She shared drilling for gas and/or oil is not environmentally friendly and if they stop completely, resources can be diverted to green energy production. She indicated a social justice issue is involved and worst affected are communities with low economic status or minorities. She implored the Council to act quickly to prohibit oil and gas and drilling or extraction by any other means and cap off existing wells at cost to the owner or benefactor and restore areas to their natural states. She urged the Council to support a resolution to present to the County for the health and safety for all persons within the County. She commented it is hypocritical to tell the County to do something the City is not already doing. She suggested Councilmembers take note of what young activists are saying as they will be old enough to vote when current terms expire.
Sydney Flanery shared she is a senior in high school and she is requesting a ban on oil and gas drilling within the City. She urged the County to pass a resolution regarding the same. She mentioned climate change affects everyone and the City should protect the safety of future generations. She shared her residence is within 150 feet of a drilling site which can cause cancer and high asthma. She indicated oil and gas drilling is a global warming contributor. She shared during water polo and swim, she could feel the poor, unhealthy air quality. She asked the Council to not allow oil companies the right to profit as they go to school and live within 2.5 miles of a site and the future of families will be greatly affected.
Alison Chin shared she is a high school junior. She urged the Council to ban oil and gas drilling and to encourage the County to also pass a resolution, following the lead of the cities of Antioch and Brentwood. She indicated Stanford and Yale studies reflect contamination and stress among other harmful factors of living close to drilling, i.e., increased heart disease, cancer, liver damage, immunodeficiencies, and neurological issues; everyone is affected directly. She commented that a 150-foot set back in Oakley is nothing; it is not something anyone wants to be near and will never be a place for families in the heart of the Delta.
Paul Seger, President, Board of Directors, Diablo Water District, mentioned the District has authority to protect water in the aquifer which may be impacted by oil and gas drilling. He mentioned historically East Contra Costa has had oil and gas and now has abandoned wells and drilling. He explained active drilling has the highest contamination potential and they should protect the health of the aquifer within its influence. He shared that drilling outside of the district sphere can impact groundwater quality within their area, contributing to climate change, exasperated sea level rise and other issues. He referred to a 2021 risk resiliency plan with a December 2027 target date, addressing new oil and gas wells in subbasin, and a resolution passed late last year to go along with a Sunflower Alliance petition. He urged Councilmember Higgins to please stop all wells currently in operation.
Vice Mayor Meadows announced closed session items 8.1 and 8.3 would be heard next, before the Consent Calendar. The Council heard the closed session items in the antechamber and then returned to the chamber.
City Attorney Derek Cole reported in regard to the conference with legal counsel for existing litigation, City of Long Beach et al. v. Monsanto Company, the City was proposed to be the recipient of class action funds. It was moved by Councilmember Fuller and seconded by Councilmember Higgins to opt out of the settlement agreement and the City will institute its own legal action. Motion was unanimous and so ordered. (4-0) He indicated direction was provided to the City Attorney to execute an agreement with a private law firm to represent the City.
3) CONSENT CALENDAR
3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency / Public Financing Authority Meeting held June 14, 2022 (Libby Vreonis, City Clerk)
3.2 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)
3.3 Award of Construction Contract to SofSURFACES for the Holly Creek Park Playground Resurfacing Project - Capital Improvement Program (CIP) Number 284 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.4 Consideration of a Resolution Establishing a Master Fee Schedule and Updating Certain City Fees (Tim Pryzybla, Finance Director)
3.5 Annexation No. 32 (Wendy’s at Bridgehead Rd and Main St) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (Parks, Streetlight, Landscape and Stormwater Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.6 Creating Zone 184 within the Oakley Special Police Tax Area consisting of the Wendy’s project located approximately 295 feet east of the northeast intersection of Bridgehead Road and Main Street (APN 037-040-021) (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.7 Creating Zone 185 within the Oakley Special Police Tax Area consisting of the Elm Lane Apartments project located between Elm Lane and Highway 160 (APNs 051-210-019 and 051-220-005) (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.8 Adopt a Resolution Approving a list of projects for Fiscal Year 2022/23 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 (Kevin Rohani, P.E., Director of Public Works/City Engineer)
3.9 Agreement with TJKM, Inc. to develop a Local Roadway Safety Plan associated with Capital Improvement Program (CIP) Project Number 289 – Local Roadway Safety Plan Project (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.10 Side letter to the Memorandum of Understanding between the City of Oakley and the Oakley Police Association (Jeri Tejeda, Human Resources Director)
3.11 Consideration of a Resolution Allocating Additional American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds to the City's Nonprofit Grant Program (Felicia Escover, Assistant to the City Manager)
3.12 Approval of the Bethel Island Road Precise Alignment Plan for Bethel Island Road between East Cypress Road and Sandmound Boulevard (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.13 Amendment Number 3 to the Consulting Services Agreement with Pavement Engineering, Inc. to provide Construction Support Services for FY 2020-21 Street Repair and Resurfacing Project - CIP 246 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.14 Consideration of a Resolution Approving a Loan Subordination Agreement Between Walker & Dunlop, LLC and the Successor Agency to the Oakley Redevelopment Agency (Tim Przybyla, Finance Director)
Vice Mayor Meadows pulled item 3.11 to hear public comments submitted.
It was moved by Councilmember Fuller and seconded by Councilmember Higgins to approve the remainder of the consent calendar. Motion was unanimous and so ordered. (4-0)
Item 3.11
Robin Ryder commented trap and return resources are limited so the grant money will help them. She mentioned calls for help have increased and shelters have not been able to accommodate all requests. She shared this past month she took in 20 cats that were fixed and adopted. She indicated feral cats are an issue at Freedom High School; recently, four new kittens were found in a trash compactor with their cord still attached and she worked for three days to try and help them survive but couldn’t. She explained this could have been prevented with education.
Lisa Kirk with Contra Costa County SPCA shared she has been involved in trap, neuter and return for 10 years in East County and she appreciates the City supporting groups like this. She explained the shelters are not providing adequate services. She suggested a low-cost, high volume spay/neuter clinic in Oakley because East County has nothing. She mentioned she is a volunteer and must schedule her time, their time, vet services and sometimes go to a site 10-12 times to get cats as well as clean, feed, do laundry, get gas, maintain her car, all which add up to approximately $45 per cat at her cost. She mentioned the cost is approximately $90-$140 per cat with vaccines and flea treatments.
It was moved by Councilmember Higgins and seconded by Councilmember Williams to adopt the resolution. Motion was unanimous and so ordered. (4-0) 4) PUBLIC HEARINGS
4.1 Public Review Draft of 2023-2031 Housing Element Update – Presentation by Ascent Environmental (Oakley’s Housing Element Consultants) on the public review draft of the 2023-2031 Housing Element Update in order to receive public comments and consensus feedback from the City Council (Ken Strelo, Planning Manager)
Planning Manager Ken Strelo presented the staff report and PowerPoint. He mentioned the 2023-2031 Housing Element Update was posted on City's website June 29 and will remain open for public comment until August 5.
Chelsey Payne, Director of Urban Design and Planning with Ascent Environmental, Inc. provided a PowerPoint presentation on the 2023-2031 Housing Element Update including an overview of the Housing Element, recent trends and housing needs, Regional Housing Needs Allocation (RHNA), summary of housing capacity, housing plan and next steps.
Councilmember Williams inquired how many sites belong to the City.
Mr. Strelo explained they are all privately owned.
Councilmember Williams inquired if any building occurred on these lots if it would take a willing landowner and a willing builder, and in the last/current housing cycle, how many lots were developed.
Mr. Strelo responded that the Elm Lane project was developed, and he is not sure if CBH was one of those sites.
Councilmember Williams inquired if not all sites were developed.
Mr. Strelo commented that no one showed interest to develop the other sites.
Councilmember Williams inquired about ‘underutilized’ versus ‘vacant’ sites.
Ms. Payne indicated vacant sites are more likely to be developed as the state has stringent standards for nonvacant sites so vacant sites have a better chance to be approved.
Councilmember Fuller commented he is glad she captured disabled complaints. He requested Ms. Payne explain page 418, figure 4.4.
Ms. Payne commented that this is a data study prepared by UC Merced students sponsored by ABAG; they took a deep dive into U.S. Census data, compared cities, looked at the racial segregation index compared to other cities, and found the highest segregation is between black and white residents; the figure shows the % of certain racial groups that would need to move to different areas to achieve balance.
Councilmember Fuller commented they have income inequity, segregation by inequity, and this may create further income inequity. He explained the houses on southeast Cypress and Sellers are one-story units but are below the median rate for the Bay Area.
He indicated the southwest corner of Laurel and O’Hara is a desirable site for affordable housing as it is near shopping, transportation and schools to be more inclusive, but people didn’t like it so they moved it to East Cypress which doesn’t have the same access; the only reason it was withdrawn is that people didn’t like it there.
Mr. Strelo commented that several sites were presented during public sessions and for various reasons sites were limited down; if sites had opposition, the majority did not move on them.
Councilmember Fuller commented that Rose and Main is the most famous site, but it is low-income; the more affluent area opposed.
Councilmember Higgins mentioned some other cities were talking about suing ABAG because these numbers provided to cities are nuts. She inquired if anything came about with that lawsuit.
Ms. Payne indicated nothing she is aware of.
Vice Mayor Meadows commented that Oakley’s numbers went down, he thought about the area of Bridgehead Road and Hwy 160 and removal of sites at Brownstone and Main. He mentioned they received a letter from DeNova Homes with potential sites at Summer Lakes North.
Mr. Strelo commented the Brownstone and Main sites were taken out of the overlay zone but would remain as additional sites. He explained that if the site needs to be rezoned, the environmental analysis is already done. He mentioned he anticipates whatever site chosen will be opposed and it can be challenging to find additional sites within 6 months. He shared that staff is not recommending any East Cypress sites be included because no transportation or other services exist in the area.
Vice Mayor Meadows inquired if there are 14 new sites.
Mr. Strelo explained there are 7 existing and 7 new sites.
Vice Mayor Meadows commented that 6 sites fall west of Empire Avenue.
Mr. Strelo commented there are 4 sites west of Empire Avenue (sites 8, 9, 10 and 11) Vice Mayor Meadows requested the unit count west of Empire Avenue.
Ms. Payne indicated it is most of the units.
Vice Mayor Meadows commented it is 315 units.
Vice Mayor Meadows opened the public hearing.
Patricia Houghton shared she took the Housing Element survey and she does not believe less than .5% of Oakley’s population who took the survey should decide what happens in Oakley. She mentioned many low-income housing units exist in District 1 where she lives. She shared a visual map she created with low-income housing in District 1, 2 and 5; however, there is none in Districts 3 and 4. She shared the roads in District 1 are mainly rural which are narrow and have too much congestion already with industrial buildings such as Amazon and CoCo Farms, as well as many apartment units being built in Antioch to the west. She commented that the Elm project has 170 units on a narrow, congested road. She suggested additional sites be considered instead of in District 1 which is in the Antioch Unified School District. She mentioned this was all hidden from them; no one knew about it until she told everyone. She also submitted an online public comment made part of the meeting record.
Stacy Winslett commented she is a resident close to site 10 and is opposed to adding 234 units because Antioch has already added 394 units, resources are limited, police would need to be increased to monitor emergency services, fire and medical would need to be increased, schools are lacking to accommodate the number of people, infrastructure is old, want kids to grow up in a safe environment with schools not overcrowded, and 170 units are being built behind Chevron. She mentioned 943 units are proposed between Antioch units being built and site 10 which is an extreme increase in people where grocery and emergency services are not nearby to accommodate the people. She also submitted a public comment online made part of the meeting record opposing Site E on Oakley Road.
Lydia Vicknair was called and was not present. She submitted a public comment online made part of the meeting record regarding lack of publicity about the survey and lowincome housing concentrated in a district.
Jill DiNapoli was called and was not present. She submitted a public comment online made part of the meeting record regarding adding units near custom homes that will decrease home values and increase traffic on roads not wide enough to accommodate.
Dr. Richard Brophy commented that the reality of low-income housing is increased crime that radiates to neighboring communities, drug abuse, increased need/taxing for fire, police and social services and violence at schools. He expressed this draconian measure is unconscionable and people are leaving the state in droves. He requested the Council seriously consider this and protect them.
Robert Hooper shared he is a Section 8 landlord and Section 8 tenants are the best he has had, many with a disability, and they don’t impact services more. He expressed he does not want big complexes that are like a penitentiary. He mentioned his tenants are good people and he tries to be a good landlord by providing things like gardeners and pest control. He commented that big complex may be wrong, but Section 8 is not all bad; it is necessary to have it as low-income housing includes people with disabilities.
Gerald Hardt commented there is climate change, traffic, unconscionable roads and infrastructure. He expressed concern that the whole city is going to change and he asked if everyone is ready for this lifestyle. He shared he lives in the Neroly area and can’t get around those houses. He mentioned the Antioch complexes are unbelievable.
He inquired what road and infrastructure improvements are being made with their tax dollars. He expressed the bypass does not work; there are too many houses and people.
Terry Hooper commented she understands the state mandate and believes high density, low-income units should be evenly distributed throughout the City. She mentioned zones 1 and 2 have several high-density units; zone 5 has only 96 and appears to have a lot of suitable locations. She suggested the Council look at locations in zone 5. She requested staff consider mailing notices as not everyone is computer savvy to find information online.
David Houghton commented that residents want to be treated fairly and equitably. He shared zone 1 has 80% of the units. He mentioned other cities are fighting the state on this and this plan will be an icon for low-income/homelessness. He mentioned 82% of units are in District 1 already and the City wants to put more in there. He expressed opposition to sites 8-11 and support for sites 14 and 15. He inquired why the City of Oakley cannot say ‘no’ to the state, especially when this will change the look of the City when people have worked hard for their property; a burden the state is putting on the City.
Cynthia Kay commented that areas of low-income get more low-income housing, a cycle that continues. She inquired if affluent cities have these problems and what their affordable housing looks like. She mentioned no one she knows had the survey or knew about this. She shared she lives in zone 1 where there are million-dollar homes and she does not want to see development on Neroly and Oakley Road that will lower their home values. She mentioned they pay taxes based on their home value and she would like to know how low-income housing helps the City since apartment residents don’t purchase appliances or home repair items which means little money will be coming back into the City by these residents. She expressed the sites don’t have infrastructure, grocery is inadequate, roads have potholes and are not very wide. She indicated she does not oppose apartments to provide housing, especially to seniors, but they need to be close to services.
Doris Daniels shared she is an area 1 resident and is upset that her property value may decrease. She explained she wants to move into senior care and wants to be able to sell her house so she can live the rest of her life. She mentioned the roads are paved, but narrow and lack curbs and sidewalks so she doesn’t feel safe because there is no place between her and cars. She also mentioned there is no lighting, no sewers and more sceptic tanks would go in a new area. She inquired why the City put in a two-lane road in Downtown as between 3:30 p.m.-6:00 p.m. people can’t get through there and traffic is backed up on Cypress. She mentioned it is not constructive for the City and people within. She urged the Council to not let people hanging there.
Dollie Swenson commented she echoes previous comments and hopes the Council will consider what people are saying, also with the mosque to be built.
Vice Mayor Meadows commented that the public can present comments but at this time there is no dialogue; when the people are done speaking, the Council or staff will comment.
Dollie continued indicating the area is inundated and being handpicked for low-income housing. She mentioned schools will have to bus students to middle and high schools and residents don’t want to pay for it, it will reduce water and she wants to know who will pay for their water, and she wants to know who will pay for city services they will create with crime.
Jim D'Amico commented he is not concerned about zone 1. He mentioned he has watched the City grow and it is amazing what the City has done. He shared he lives in Neroly Estates and to put an apartment complex in the area without streetlights does not seem to make sense. With problems known on Carol Lane, he suggested the City reconsider zone 10. He asked the Council to consider single people and families and put apartment complexes somewhere else.
Zeru Valenzuela commented he lives in the house across from Elm Lane and saw no posting on development. He inquired why residents didn’t receive notice. He mentioned some people need Section 8 housing and some people take advantage. He explained he has made Oakley his home and his family works. He mentioned the people who started this City were low-income, foreigners, grape pickers and East County used to be beautiful so why bring this to this City. He mentioned Danville wouldn’t accept this.
Samantha Madruga submitted a written comment but did not wish to speak. Her comment indicated the City is not built to hold low-income housing, it will hurt our City and bring people who do not care about it, and the City does not have the infrastructure needed for growth.
Bryan Webb submitted a written comment but did not wish to speak. His comment indicated he does not want trash from surrounding cities spilling into Oakley into already struggling schools. He mentioned Oakley doesn’t have the proper infrastructure to accommodate these units.
Pat Leiser commented he has a hard time trusting the Council. He mentioned the council voted 5-0 to keep 1-acre parcels in Neroly Estates then 6 months later changed it to ½-acre parcels. He expressed uncertainty with how many units it will really be. He mentioned the CCTA update heard this evening explained how bad the infrastructure is and it needs improving before units go in because the City is not currently ready for it.
He mentioned he was never notified of the 170 units and inquired if that is part of this update. He expressed it is crazy to select 7 sites at public meetings based on 200 comments and a study on ethnic social climate done by college students, not professionals. He requested to see CEQA documents and EIRs. He mentioned if they add the units being built across Hwy 160 in Antioch, there is a proposed 940 units within a ½-acre radius and no one supports that plan.
Trent Sanson with DeNova mentioned he submitted a letter for the City to consider a Summer Lake North project for units. He mentioned they already have a project underway and are able to work with the City to provide an equitable distribution on the east side of town in a project already under construction. He mentioned they can offer diversity in design, relish the opportunity for alternative designs, and there will be a new levy encapsulated so as not to impact other residents.
Paul Seger spoke as a resident. He mentioned there are residential design guidelines online. He shared the Knox Lane community took a stance against a Seeno home development next to agricultural limited homes on acre lots. He explained each neighborhood needs to look like it belongs to the next neighborhood with small steps in density. He suggested this group should get lawyer. He mentioned the General Plan update recently passed without an EIR and there are no changes to development within the City, but here they are talking about adding thousands of homes creating new traffic patterns. He commented that the state has it backwards. He added that it is a staff decision on CEQA and staff is saying ‘no’ to an EIR that is needed; the documents need to be produced and numbers tallied.
Jerome Cizek submitted an online public comment made part of the meeting record opposing all 3 proposed sites, in particular Site E.
Curtis Cottle submitted an online public comment made part of the meeting record requesting the Council preserve the vineyard on Oakley Road rather than developing into units.
Vice Mayor Meadows closed the public hearing.
Councilmember Higgins commented that she had low-income housing and worked her way up. She mentioned the City has to have low-income housing and she is sorry no one wants it next to them; the City must have it and many units do not get developed.
She mentioned it is not a class action suit to jump on; it is expensive to litigate. She indicated they can look at which sites they all agree on that they can put an overlay; they are not saying put this type of housing or that type; they need to decide on sites.
Councilmember Fuller mentioned staff decreased the number of units required of RHNA. He shared he sits on ABAG and this is a losing proposition to fight it. He mentioned Alameda County is trying to pass a bond for people with land; they are trying to get the state to give money to developers with land. He indicated Oakley is up against a delicate situation. He mentioned the RHNA numbers were approved by a Mayor of Contra Costa County town. He shared Berkeley and Oakland have thousands of units they need to put in, not hundreds. He mentioned it is important for public input but doesn’t want anyone to think it’s going to stop because Oakley has open land. He commented that staff is working very hard to bring it together and work with the community. He expressed everyone needs to be involved, not only residents, but foreign investors and others involved. He commented it is not divided equitably within the City. He requested the southwest corner of Laurel and O’Hara be added back in and sites be distributed in an equitable manner. He expressed he does not like Brownstone and Main or larger units as housing projects are inhumane and he does not want to see it just because land is available. He mentioned not everyone will be happy with the sites chosen but Oakley must develop its share. He suggested people can go to the ABAG website to see what other communities have for RHNA numbers. He mentioned the disabled are the most discriminated group in this City, especially when the City tore down the blue houses on Main and disabled people were unhoused.
Councilmember Williams shared that she couldn’t afford a home in Oakley without fortunate circumstances they encountered; she would be considered low-income and would be one of the people in an apartment complex. She shared it is time for a different view of people who will live there; they are teachers, firefighters, people that cannot afford to rent here. She requested everyone remember years ago residents had to make exceptions and accommodations for people to be here and the City needs to make choices where it makes sense because units are needed here. She shared she couldn’t afford it as an entrepreneur, and she accepts that people who work here would also like to live here; she would like to afford those opportunities to those people because they are the people making this community work. She expressed they need to think about generations to come. She mentioned actual development of the units takes a willing landowner and willing developer, and by selecting sites, the City can show to the state it has done what is required. She mentioned the last cycle had one site built and this selection process must happen every 8-10 years so there will be the same panic, but the City has to do it. She commented she understands the concentration of where people will live, but groceries, transportation and jobs are in certain areas and she loves that DeNova offered to build units, but Tri-Delta doesn’t go out to E. Cypress.
She indicated these projects will not be built tomorrow and this is not just rentals or apartments; there are a variety of housing types.
City Manager Joshua McMurray mentioned the economic reality is that the units would be rentals.
Councilmember Williams inquired if fast-tracking would still happen and if they would still have to do an EIR and CEQA.
Mr. McMurray explained that the environmental is all yet to be done; they would have to do CEQA as part of the process before the draft form.
Councilmember Williams inquired if every special district needs to sign off to approve (i.e., water, fire, schools, etc.).
Mr. McMurray responded that they would; all analyze it as part of CEQA.
Councilmember Williams commented she would love to hear how to get people to participate as this was not first go around at this.
Mr. Strelo shared that staff published notice in the newspaper, the City has had information regarding the update on the front page of its website and this was also done for the public survey. He mentioned they have provided information on social media, every work session or study session was posted in 3 locations within the City, and the City of Oakley has a mailing list of which the public can subscribe.
Councilmember Williams inquired about Elm Lane noticing.
Mr. McMurray mentioned Elm Lane is the only affordable project with the current cycle that was approved in 2013. He explained as part of the analysis, the state wants the site to be approved and the overlay is done by administrative review, not by public hearing.
Councilmember Williams inquired how staff will incorporate feedback for future meetings and if the public will have an opportunity to speak.
Mr. Strelo explained that hearings for both the Planning Commission and City Council will have draft documents for review and provide for public comment.
Mr. McMurray explained that rezone was the past practice for the current cycle; the City Council approves the actual rezone and staff would notice each site within a 500-foot radius, 200 feet over the state required noticing, and each property would be noticed separately.
Councilmember Williams commented on the site for O’Hara and Laurel mentioning it is not close to grocery, but transportation is there. She inquired if there is a way to identify where those items are located so the Council can make an informed decision.
Mr. McMurray commented that staff feels the southwest corner of Laurel and O’Hara is a prime site for the overlay.
Councilmember Fuller commented that the City needs to get the Downtown Specific Plan done. He expressed he really wants to see it, the impact on numbers and how to put it together.
Mr. Strelo responded that it is scheduled for late 2025 but if they can bring it sooner than that, they will.
Vice Mayor Meadows shared he lives west of Empire. He mentioned this is state mandated and therefore residents should consider who they vote for at the state level as it is important. He commented this is not a housing issue; it is a jobs issue, and he doesn’t want to see land in Bridgehead that could provide jobs converted to housing. He expressed he wants to see the site at Oakley Road removed and the site at Laurel and O’Hara added back in. He mentioned Patricia’s display board shows the units are concentrated in District 1 west of Empire and apartments east and west of Lucky’s could be included in district equitable distribution.
Mr. Strelo mentioned no motion is needed. He inquired if any other Councilmembers want to discuss sites.
Vice Mayor Meadows commented site 10 at Oakley Road and Hwy 160 is zoned commercial. He mentioned he believes it should be zoned light industrial as there is too much commercial in the City anyway; they already have apartments being built to the north of it and there are lots of apartments in that district; 82% are low-income.
Councilmember Williams commented she supports removal but wants to see the overlay and wants to see where transportation is provided.
Vice Mayor Meadows mentioned the site at Laurel and O’Hara is across from a potential future Safeway.
No action was required of the City Council.
4.2 Repeal of Oakley Municipal Code Section 9.1.502 “Commercial Downtown District (CD)” (RZ 02-22) - City-initiated application to repeal Oakley Municipal Code (“OMC”) Section 9.1.502 “Commercial Downtown District (CD)” as a clean-up item to the Zoning Code (Ken Strelo, Planning Manager)
Councilmember Fuller expressed his objection to the train platform and parking lot in Downtown Oakley, indicating financial resources would better support a new local library building in Downtown Oakley.
It was moved by Councilmember Fuller and seconded by Councilmember Williams to waive the first reading and introduce the ordinance. Motion was unanimous and so ordered. (4-0)
4.3 Waive the First Reading and Introduce an Ordinance Adding Chapter 39 to Title 4 of the Oakley Municipal Code Relating to Military Equipment use by the Oakley Police Department (Derek Cole, City Attorney) City Attorney Derek Cole presented the staff report.
Police Chief Paul Beard explained the tools and equipment Police uses for high-risk incidents, community protection and incidents requiring specialized equipment including single-round 40mm launcher, multi-round 40mm launcher; 29 patrol rifles, patrol rifle,
5.56 chambering-semi-automatic, and 2 drones with 4 trained operators used for lost people, for festivals to memorialize events, and to look for dangerous people.
Councilmember Williams inquired if it comes back to the Council for approval if Police adds to the list.
Chief Beard responded it would; he will need to add rifles as officers are added.
Vice Mayor Meadows inquired if he comes back to request additional rifles, how many officers would utilize those rifles.
Chief Beard responded that would depend on the number of officers added.
Vice Mayor Meadows opened the public hearing. There were no public comments.
Vice Mayor Meadows closed the public hearing.
It was moved by Councilmember Higgins and seconded by Councilmember Williams to waive the first reading and introduce the ordinance. Motion was unanimous and so ordered. (4-0)
5) REGULAR CALENDAR
5.1 Introduce an Ordinance Adding Chapter 38 to Title 4 of the Oakley Municipal Code Concerning Spectators at Illegal Speed Contests, Exhibitions of Speed, and Side Shows (Derek Cole, City Attorney) City Attorney Derek Cole presented the staff report. He explained the ordinance provides Police enforcement tools for spectators who attend events and drivers can be subject to enforcement and arrest but this addresses spectators who create demand for such events to occur by allowing misdemeanor prosecution. He mentioned the District Attorney may not want to give high attention to cases but the City can fine, providing local enforcement tools.
Chief Beard provided background on sideshows, a demonstration video, probable outcomes, information on local side show activity; Oakley Police Officer bodycam footage and video of spectators within 200 feet.
Councilmember Higgins inquired if the fine can be raised to make it stronger.
Chief Beard responded that the state has set the fine level.
Mr. Cole responded that violations of a local ordinance cannot exceed a misdemeanor or $1000 fine.
Councilmember Higgins commented that this ordinance mirrors Pittsburg’s ordinance.
She inquired if Antioch’s ordinance is more stringent.
Mr. Cole commented it is Antioch’s list, but he is not sure if it has been adopted yet.
Chief Beard commented it is the County’s goal for cities to be in alignment.
Bud Chaddock provided comments in support of the ordinance.
It was moved by Councilmember Fuller and seconded by Councilmember Higgins to waive the first reading and introduce the ordinance. Motion was unanimous and so ordered. (4-0)
City Attorney Derek Cole commented that the Council can vote to go past 11:00 p.m. but it needs a motion to continue past 11:00 p.m. or they can try to finish before then.
It was moved by Councilmember Williams and seconded by Councilmember Fuller to continue the meeting past 11:00 p.m. AYES: Fuller, Meadows, Williams. NOES:
Higgins. (3-1)
5.2 Consider Approval of a Request for Proposals, 204 Second Street (Harumi Murata, Economic Development Manager)
Economic Development Manager Harumi Murata presented the staff report. She mentioned there was no purchase interest by those required to be notified in the 60-day period. She indicated the property appraised at $399,488 and bids are due July 27, 2022, to be presented at the August 9, 2022 City Council Meeting.
No public comments were submitted.
Vice Mayor Meadows commented that July 27th is in 2 weeks. He inquired if it will publish tomorrow.
City Manager Joshua McMurray responded they have interest in the property but could extend 4 weeks and bring it back to the Council in September.
Vice Mayor Meadows requested it be extended to 4 weeks.
It was moved by Councilmember Williams and seconded by Councilmember Fuller to approve the request for proposals with an extension of 4 weeks for the bid deadline.
Motion was unanimous and so ordered. (4-0)
5.3 Consider Approval of a Request for Proposals and Ad Hoc Committee, Economic Development Workplan Update (Harumi Murata, Economic Development Manager)
Economic Development Manager Harumi Murata presented the staff report. She mentioned the request for proposals will be advertised and proposals will be due August 12, 2022; thereafter, proposals will go to the qualifications committee on August 13, 2022 and staff will bring it back to Council on September 13, 2022. She mentioned the ad hoc committee consists of 2 City Councilmembers to review proposals; authorization is up to $50k of ARPA funding.
It was moved by Councilmember Fuller and seconded by Councilmember Williams to approve the request for proposals and appoint Councilmember Fuller and Vice Mayor Meadows to the ad hoc committee. Motion was unanimous and so ordered. (4-0) 6) REPORTS
6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray thanked Recreation staff and volunteers for the Oakley Summer Fest. He announced the next Movie in the Park, Sing 2, will be held July 30, the next Friday Night Bites and concert will be held August 5, the Annual Kids Fishing Derby will be held August 13, and the Heart of Oakley Festival will be held September
24. 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
None.
(b) Requests for Future Agendas
Councilmember Fuller requested staff bring forth a policy regarding minors speaking at the podium. He shared he would like to see their parents present as teenagers can be easily manipulated and exploited.
7) WORK SESSIONS
7.1 Introduction to the Yellow Roof Foundation and discussion about a potential affordable housing project at 4981, 4901 and 4911 Teakwood Drive (APN’s: 035-322-019, 035-322-020, 035-322-021) (Joshua McMurray, City Manager)
Joshua McMurray presented the staff report. He mentioned the Council should have received a letter of interest from Yellow Roof Foundation (YRF). He mentioned YRF wants to purchase 3 parcels, construct 3 homes with 3 ADUs, these count toward RHNA, and while the Council doesn’t have to accept anything less than fair market value, YRF’s initial offer was $125k for 3 parcels and the property appraised at over $500k. He mentioned the new offer is at $300k so the parties are getting closer. He shared selling 3 parcels individually may present challenges to the City and here they could sell to a buyer capable of developing. He mentioned it takes lots of staff time to hand hold when people are unfamiliar with developing. He shared YRF has done a similar development in Pittsburg to provide affordable housing in a responsible way.
Trent Sanson with YRF provided a PowerPoint presentation and shared they have volunteers and donations to provide housing to unhoused, they have experience and ability, and they take applicants on an income basis. He mentioned rent is no more than 30% of an applicant’s income. He shared conceptual architecture, appraisal comparison, letter of intent timeline and community benefits.
Councilmember Williams inquired if the ADU is above, not behind, where there would be two separate families in one house.
Mr. Sanson responded it would be two families in one house.
Vice Mayor Meadows inquired if utilities are stubbed on lots.
Mr. McMurray responded he is uncertain; lots are being sold as is and if not stubbed, it is nearby.
Vice Mayor Meadows commented there is a cost difference; he does not think DeNova will buy lots for $187k.
Mr. Sanson responded not as DeNova.
Vice Mayor Meadows commented he doesn’t think it is a crazy amount.
Mr. McMurray responded he is looking for approval to work with YRF.
Councilmember Higgins commented the landlord will be lifelong partners and the properties will be serviced so she is providing a thumbs up.
Vice Mayor Meadows inquired if they can push it out to the next cycle to count toward RHNA numbers. He mentioned this also falls within his district, District 1.
Councilmember Williams inquired when Oakley can get a tiny home village.
Mr. Sanson commented that they love land donations.
Councilmember Higgins suggested Summer Lake North.
Councilmember Williams commented there are issues with access.
Vice Mayor Meadows and Councilmember Williams provided thumbs up.
Mr. Sanson indicated he is open to conversation.
8) CLOSED SESSION
8.1 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
City of Long Beach et al. v. Monsanto Company
U.S. Dist. Ct. Central Dist. Cal, Case No. CV 16-3493 FMO (ASx) This item was heard earlier during the meeting (report out provided, supra).
8.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
Vice Mayor Meadows announced Closed Session item 8.2. The Council heard the matter in the antechambers.
Direction was provided to staff. There was no reportable action.
8.3 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of Litigation pursuant to Government Code Section 54956.9(d)(4) One potential case.
This item was heard earlier during the meeting.
Direction was provided to staff to institute legal action. 9) ADJOURN
There being no further business, the meeting was adjourned at 11:48 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk