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
August 9, 2022
1.OPENING MATTERS
1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
Mayor Randy Pope called the meeting to order at 6:41 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. The meeting began late due to technical issues. Vice Mayor Meadows and Councilmembers Anissa Williams, George Fuller and Sue Higgins were also in attendance.
1.2 Pledge of Allegiance to the Flag (Aubrey, Taylor and Ashley from Girl Scout Troops 33787 and 33784)
The Girl Scouts were not in attendance. Mayor Pope led the Pledge of Allegiance.
1.3 Proclamation Declaring August 18, 2022 "Never Give Up Day" No one was present to receive the proclamation. Mayor Pope mentioned it would be mailed to the person requesting the proclamation.
1.4 Proclamation Recognizing August 31, 2022 as International Overdose Awareness Day (Danielle Aubin & April Rovero)
No one was present to receive the proclamation. Mayor Pope mentioned it would be mailed to the person requesting the proclamation.
1.5 Update from Contra Costa County Advisory Council on Aging (Michael Rigsby) Michael Rigsby provided information regarding the groups he is involved in on the Advisory Council and requested Council input regarding priorities of interest.
Councilmember Higgins requested focus on affordable senior housing and rent remaining level.
Mayor Pope supported that as the biggest issue brought to Council by seniors.
Councilmember Fuller requested focus on mental health for seniors.
1.6 Update from Contra Costa Animal Services (Steve Burdo) Steve Burdo was caught in traffic. The Council delayed hearing the item until his arrival.
Mr. Burdo provided a PowerPoint presentation including an agency snapshot, services provided, top activities in Oakley, CCAS Agreement (detail, fee structure and staffing), and information regarding free adoptions in August and September.
Councilmember Fuller inquired if Animal Service works with other groups for adoption if specific breeds are brought in. He also inquired what services animals receive before adopted and what call center enhancement has been made. He expressed appreciation for reduced licensing costs for seniors.
Mr. Burdo explained they advertise on their website and social media, and work with transfer partners and rescue groups with focus on specific breeds. He mentioned animals must be spayed/neutered, vaccinated and microchipped before available to adopt. He indicated more information is now available online to assist with services and reduce the number of calls received and wait time is now 5-7 minutes. He mentioned reduced licensing costs for seniors and free licensing and adoption for Veterans.
Councilmember Williams inquired if Animal Services handles livestock, i.e., removal of horses that are put down.
Mr, Burdo explained they have a 6-stall barn to handle situations involving public safety; however, they do not handle removal of deceased livestock from private properties.
Councilmember Williams suggested resources on the County website for people to access for removal.
2.PUBLIC COMMENTS
None.
3.CONSENT CALENDAR
3.1 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)
3.2 Waive the Second Reading and Adopt an Ordinance to Repeal 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)
3.3 Waive the Second Reading and Adopt 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)
3.4 Waive the Second Reading and Adopt 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)
3.5 City of Oakley Quarterly Investment Report (4th Quarter FY 2021/22) (Tim Przybyla, Finance Director)
3.6 City of Oakley as Successor Agency to the Oakley Redevelopment Agency Quarterly Investment Report (4th Quarter FY 2021/22) (Tim Przybyla, Finance Director)
3.7 Fiscal Year (FY) 2021/22 Fourth Quarter Report on the Capital Improvement Program (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.8 Acceptance of work associated with the Police Department Parking Lot Expansion Project – Capital Improvement Project Number 253 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.9 Approving the Agreement with Eastern Contra Costa Transit Authority for “Stormwater Management Facility Operations and Maintenance Agreement, and Right of Entry” for the Tri Delta Transit Park and Ride project located at 4300 Main Street (APN 035-282-063) and authorizing the City Manager to execute the agreement (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.10 Adopt Resolution of Intention to Establish Community Facilities District No. 2022-1 (HCP/NCCP Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.11 Authorize the City Manager to Execute a Consulting Services Agreement with Bellecci and Associates to Provide Design Services for Capital Improvement Project Number 285 – Bethel Island Road Construction Project (Rock Slough Bridge to Delta Road) (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.12 Acceptance of Subdivision Improvements Associated with Acacia Subdivision 9498 located at Main Street and Ramos Ranch Road (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.13 Consideration of a Resolution Authorizing the City Manager, Finance Director, and Accounting Manager to Act as the Agents to Engage with the Federal Emergency Management Agency and the Governor's Office of Emergency Services (Cal OES) (Joshua Mc Murray, City Manager)
Councilmember Fuller pulled items 3.5 and 3.7.
It was moved by Vice Mayor Meadows and seconded by Councilmember Higgins to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0)
Item 3.5
Councilmember Fuller commended Mr. Przybyla on a great report.
It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to accept the report. Motion was unanimous and so ordered. (5-0) Item 3.7
Councilmember Fuller commented that project #215 involves $3.975 million ($4 million rounded) for a parking lot.
It was moved by Councilmember Higgins and seconded by Vice Mayor Meadows to accept the report. Motion was unanimous and so ordered. (5-0)
4.PUBLIC HEARINGS
None.
5.REGULAR CALENDAR
5.1 Designation of a Voting Delegate for League of California Cities Annual Conference September 7- 9, 2022 and Directing City Administration to complete and forward the voting delegate form to the League of California Cities (Joshua McMurray, City Manager)
City Manager Joshua McMurray presented the staff report.
It was moved by Vice Mayor Meadows and seconded by Councilmember Higgins to designate Councilmember Williams as the voting delegate for the League of California Cities Annual Conference Business Meeting to be held Friday, September 9, 2022. Motion was unanimous and so ordered. (5-0)
5.2 Consider authorizing the City Manager to send a letter in support of the development and opening of the Marsh Creek State Historic Park on behalf of the City of Oakley (Joshua McMurray, City Manager)
City Manager Joshua McMurray presented the staff report.
Councilmember Higgins inquired if there is any financial commitment by the City.
Mr. McMurray indicated there is none.
Councilmember Fuller thanked staff for the maps and mentioned they are on the City’s website.
It was moved by Councilmember Williams and seconded by Vice Mayor Meadows to authorize the City Manager to send the letter in support. Motion was unanimous and so ordered. (5-0)
5.3 Consideration of a Resolution Approving an Amendment to the City of Oakley Fiscal Year 2022/2023 Budget to Expand upon the Pilot Oakley Community Digital Gift Card Program (Harumi Murata, Economic Development Analyst) Economic Development Analyst Harumi Murata presented the staff report and PowerPoint presentation.
Councilmember Higgins inquired if people previously purchased cards if they can purchase again. She expressed she likes buy one, get one free, but has trouble finding her balance. She inquired if there is an 800 number.
Ms. Murata responded that login to an account is the primary way to check the balance.
Councilmember Williams inquired if participating businesses have provided feedback and if she is using that data to attract businesses slower to adopt the program.
Ms. Murata responded there has been positive feedback from the 23 businesses participating and she is using the data to attract more businesses to the program with the goal of 50 businesses eventually participating.
James Gearing provided public comment. He inquired if the program is funded by the City and encouraged shopping in Oakley.
Mayor Pope explained the program if funded with federal ARPA funds.
It was moved by Councilmember Higgins and seconded by Councilmember Fuller to adopt the resolution. Motion was unanimous and so ordered. (5-0) Before moving to hear item 5.4, the Mayor returned to hear item 1.6 as Steve Burdo was now in attendance.
5.4 Authorization for the City Manager to Execute a Purchase and Sale Agreement with the Yellow Roof Foundation for the sale of properties located at 4981, 4901 and 4911 Teakwood Drive (APN’s: 035-322-019, 035-322-020, 035-322-021) which will lead to the construction of 6 affordable housing units (Joshua McMurray, City Manager)
City Manager Joshua McMurray presented the staff report.
Francine Lumperis expressed concern that they were not notified of the affordable housing units.
Ray Serna expressed concern regarding the affordable housing decreasing surrounding home values, increasing traffic and that the homes do not fit in with the neighborhood. He mentioned they have high density already with apartments at Teakwood and Main and senior housing; they need homes to match. He indicated they do not want this.
Dana Tsubota with Yellow Roof Foundation (YRF) provided an overview of what they do and intend to do with these lots, explaining they find surplus land and with donations of time, talent and materials, they build at a lower cost. She mentioned they offer fixed rent at 30% of income level of the occupant and it is not high density.
She shared they have a similar completed project in Pittsburg and it houses a teacher, security guard and city administrator; people who had hard times in the past and are getting back on their feet; their stay is for a limited time to help bridge that gap.
Councilmember Higgins inquired if YRF manages the properties.
Ms. Tsubota explained YRF manages the property and helps occupants set up bank accounts and gain access to financial training.
Councilmember Williams commented she is surprised at some pushback and inquired how they select occupants and what happens if occupants don’t leave after the 3-year lease term.
Ms. Tsubota responded they work with local community partners, applications are submitted and reviewed as received with standard qualifications, they are building multiple projects, and they follow the law regarding rentals.
Mayor Pope requested staff address notification of the project. He inquired if there are any age restrictions and about any increase in traffic/speed of traffic.
Mr. McMurray explained it is not a project yet and therefore does not require noticing, but DeNova will provide notification when construction begins. He mentioned there are no age restrictions; however, they could direct coordinating such for the need of the community. He also mentioned the properties are zoned residential and the General Plan and Zoning assume there are homes on the lots; 3 units have nominal peak hour trips so there is no impact. He added the City has a traffic calming program to address speed, accessible on the City’s website.
Mayor Pope inquired if a third unit ADU could be added to each parcel, commenting that the property is dense already.
Ms. Tsubota indicated the plans are drawn for only 2 units per lot.
Gerry Schwartz inquired if residents were invited to the initial meeting involving discussions of these affordable housing units and if it is a done deal or if further work group discussions can be provided. He expressed the units are not good for the neighborhood.
Mr. McMurray explained there was a public City Council meeting on July 12, 2022, where the item was addressed.
Mayor Pope explained these parcels are surplus property and when not used for a City purpose, by law, the City has to offer it to certain purposes, i.e., affordable housing, as in this situation. He added they are only discussing the purchase and sale agreement at this time.
Ms. Tsubota explained the value of the homes will still be comparable to those in the neighborhood; just because they are building them at lower cost does not mean they will not have comparable value and there is no evidence to suggest it will lower home values as appraisals look at the home, not the use.
City Attorney Derek Cole explained that surplus property has to be offered for affordable housing and it could have been a situation of a more traditional affordable housing project that was proposed and the City’s hands would be tied, but this is a superior product to what could have been. He further explained the City cannot offer to the market unless it is first offered for affordable housing and if the City doesn’t offer it, it can be subject to significant penalties.
Councilmember Williams inquired if this is a fair offer and if once the homes are built if the appraisal value comes in.
Mr. McMurray explained the City has discretion on price and it looks for community partners when they sell properties. He mentioned moderate/above housing is fine in the City, but low-income has been harder to come by and this offers an alternative to apartments; it will be managed and maintained by a well-respected company in this region. He mentioned the land plus improvements will be calculated for value and he expects it will the same if not higher of existing surrounding homes.
Councilmember Williams inquired if the City does not proceed with this if someone else could develop it for Section 8 housing.
Mr. McMurray responded that is a possibility.
Councilmember Fuller commented it is a good, solid project and he doesn’t want to see people put into a separate area because other people don’t want it in their neighborhood. He indicated to move it forward.
Vice Mayor Meadows supported it and indicated in his opinion, home values will not be affected.
Mayor Pope expressed support indicating he is in favor of private programs as opposed to bureaucratic government programs and he likes the homes rather than apartments. He mentioned the City’s hands are tied to offer it for affordable housing and if people do not like that, they need to let their state representatives know.
It was moved by Councilmember Williams and seconded by Councilmember Higgins to adopt the resolution approving the Purchase and Sale Agreement. Motion was unanimous and so ordered. (5-0)
5.5 4th Quarter Budget Update (Tim Przybyla, Finance Director) Finance Director Tim Przybyla presented the staff report.
Councilmember Higgins inquired if the City receives revenue from County pools and if gas is still the highest tax.
Mr. Przybyla responded that the City receives a share of sales tax revenue and gas is still the highest tax.
No public comments were submitted.
It was moved by Vice Mayor Meadows and seconded by Councilmember Fuller to accept the update. Motion was unanimous and so ordered. (5-0) Mayor Pope called for a brief recess at 8:12 p.m. The City Council reconvened at 8:17 p.m.
5.6 Adopt a Resolution Establishing a Proclamation Policy (Libby Vreonis, City Clerk)
City Clerk Libby Vreonis presented the staff report.
City Attorney Derek Cole explained the Establishment Clause and that the City cannot promote religion but can recognize service arms for non-religious services provided.
Mayor Pope indicated “Mormon Helping Hands” has been updated to “Helping Hands”.
Councilmember Fuller requested Juneteenth added to the list.
Councilmember Higgins expressed she likes standard proclamations that outline the month, then if requested, have the Mayor approve.
Mayor Pope explained the difference between a proclamation and resolution. He mentioned the pre-approved list streamlines the process.
Mayor Pope and Councilmember Fuller exchanged words regarding items that are controversial versus non-controversial.
Mr. Cole clarified the action before the Council is 1) to adopt a proclamation policy or not, and 2) approve the existing list or modify.
Mr. McMurray indicated staff looked at best practices of other cities and wants to bring something that will work for Oakley; if the Council wants staff to research further, they can.
Councilmember Fuller provided a list of items to add and remove.
It was moved by Vice Mayor Meadows and seconded by Councilmember Higgins to approve the proclamation policy. AYES: Higgins, Meadows, Pope, Williams. NOES:
Fuller. (4-1)
Vice Mayor Meadows commented he has no issue with additions made by Councilmember Fuller.
Mayor Pope commented he had no issue with items added.
It was moved by Councilmember Fuller and seconded by Councilmember Williams to approve the list with the changes Councilmember Fuller submitted.
Mayor Pope commented he agrees with the removal of “Mormon” from “Helping Hands”.
Councilmember Fuller commented he can live with that.
Vice Mayor Meadows requested 100th birthdays to remain on the list.
Mr. Cole clarified that the motion has been amended to include “Helping Hands Day” and 100th birthday recognition to remain on the list.
Councilmember Fuller commented he is okay with that if a person is not required to attend in person to receive it.
Motion was unanimous and so ordered. (5-0)
6.REPORTS
6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray announced the Fishing Derby to be held Saturday, Movie in the Plaza on 8/27, Friday Night Bites on 9/2, and the Heart of Oakley Festival on 9/24.
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
Councilmember Williams reported she is now the Board Chair for Tri-Delta Transit, on 9/12 Tri-Delta will go to full service, she provided information regarding Try My Ride, she mentioned there has been a delay with PG&E regarding the park and ride, Pass to Class is offered for free bus passes to every student in households, a hydrogen fueling station is upcoming, 15 additional drivers are needed, and CEO Jeanne Krieg is retiring and a new CEO will be appointed.
Councilmember Higgins announced she will attend a conference in Seattle on October 8, the 6th Annual Out of Darkness Walk will be held October 1, 9am-12pm, and a health resource fair including a blood drive will be held October 15 at St.
Anthony, 9am-3pm.
Vice Mayor Meadows reported he attended a Transplan meeting 3 weeks ago and will attend another Transplan meeting Thursday.
(b) Requests for Future Agendas
Councilmember Higgins requested the Municipal Code be changed to no longer allow oil and gas drilling. Councilmember Williams supported it.
Councilmember Higgins also requested disc golf parks and pickleball courts in Oakley. Councilmember Williams supported it.
Councilmember Fuller mentioned the oil and gas item will be addressed in the work session. He inquired if it is necessary to bring up as a future agenda item.
Mr. McMurray mentioned during the work session, staff will obtain feedback from the Council and they can accomplish the item in discussion.
7.WORK SESSIONS
7.1 Work Session on Oil and Gas Drilling (Ken Strelo, Planning Manager) Planning Manager Ken Strelo presented the staff report.
Mike Moore, a 2016 Oakley Leadership Academy Graduate, researched oil and gas wells in Oakley as part of a Leadership project. He commented that there is no need to allow oil and gas drilling in Oakley as there are 96 oil and gas wells in Oakley and 95 of those are plugged or abandoned. He provided background information when the wells were producing and when they stopped.
Tatiana Torres urged the Council to ban oil and gas drilling and prevent any future drilling in the County. She referred to rigs near Heritage High School and the decline it has had on property values, negative impact on the environment, and associated health concerns.
Rohan Tyagi urged the Council to ban oil and gas drilling and encourage the County to do the same. He mentioned the County lacks awareness of the impact on 39,000 people within 2.5 miles of sites. He referred to the climate action plan and high asthma rates in East Contra Costa County. He mentioned Los Angeles County has a 5-year phase out plan. He suggested change starts here.
Ian Cohen urged the Council to ban oil and gas drilling and encourage the County to do the same for the safety and well being of families and students within 2.5 miles of drilling.
Mrs. Moore commented that she didn’t know there was gas all around and she has developed allergies due to pollution. She pleaded the Council consider making the air clearer.
Justin Brown requested the Council consider banning oil and gas drilling within the City.
An online public comment was submitted by Sinziana Todor urging the Council to encourage the County to shut down current gas and oil drilling and ban future gas and oil drilling for public health and safety.
An online public comment was submitted by Marjaneh Moini, MD and Amanda Millstein, MD encouraging the City and County to ban gas and oil drilling for public health and safety.
Councilmember Fuller inquired if the City would be liable to landowners for losing minerals from their land if the City bans oil and gas drilling.
City Attorney Derek Cole responded that a State Supreme Court decision is expected next year regarding Monterey County. He explained the state preempts local government from banning the activity. He mentioned if the Council wishes to regulate, it could have a moratorium up to two years and see how the court decision unfolds, then adopt a permanent ordinance consistent with the court decision. He added that the City is not responsible for mineral rights of property owners; the City is a regulatory body. He mentioned he understands there are no active operations, and none in the past two years. He explained the Council is not afoul of Constitutional limitations if it decides to have a moratorium.
Vice Mayor Meadows commented he has not seen oil and gas in Oakley in his life, but rather natural gas as most people heat their homes with it. He expressed concern if a problem even exists in Oakley for the Council to take action.
Mr. Strelo commented in his 15 years as a staff member, he has received no applications.
Councilmember Higgins suggested if there is no problem, then there is no harm to ban it and send a letter to the County.
Councilmember Williams and Councilmember Fuller exchanged words regarding a comment made by Councilmember Williams regarding time spent on discussion of items.
Councilmember Williams commented the topic is worthy for the future of families and they should move forward to improve air quality and put pressure on the County.
Mayor Pope expressed concern regarding banning something that hasn’t been replaced yet with an alternative. He suggested a 500-foot setback as with other sensitive uses. He inquired if wells can be reactivated.
Mr. Strelo responded staff would need to research to respond.
Mayor Pope commented that he wants to know what it means to have a well “capped”—if the land can be used in perpetuity. He mentioned with the energy crisis, the timing is wrong; there needs to be an energy replacement first. He also mentioned the County has other issues having the biggest refinery in the state.
Councilmember Fuller spoke to 9/11/01 and how fuel was needed to keep military aircraft in the air on standby to defend this country. He mentioned the state has expertise what to do with oil drilling; however, the City should change its ordinance because as it stands now, operations are allowed and new operations could come in.
He mentioned he would like to have the court decision before an ordinance is brought forth.
Councilmember Higgins commented that Brentwood has a moratorium, they can look at the state says, not open capped wells, consider a buffer zone or ban it, and revisit the Municipal Code.
Councilmember Williams commented she supports a buffer zone within a 500-foot distance from buildings and she doesn’t think a new operation would come in to drill because they wouldn’t have surface rights.
Mayor Pope suggested 500 foot+ buffer from buildings and other structures plus concealment.
Mr. McMurray commented that at least 3 Councilmembers have expressed staff should look at the Municipal Code and provide distance between drilling and structures. He inquired if there is consensus on a moratorium.
Councilmembers Higgins and Williams responded they support a moratorium.
Mayor Pope expressed he does not support it.
Councilmember Fuller expressed he can live with a moratorium but wants a date certain when it will come back for a permanent ordinance to be considered.
Mr. McMurray indicated staff will look at the current ordinance and bring something back to Council.
8.CLOSED SESSION
Mayor Pope announced the closed session items.
8.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54954.5(e)
Title: City Manager
8.2 CONFERENCE WITH LABOR NEGOTIATORS-Labor Negotiations with the City Manager
Pursuant to Government Code Section 54957.6(a)
City Designated Representative: Randy Pope, Mayor, Aaron Meadows, Vice Mayor and Derek Cole, City Attorney
Unrepresented Employee: City Manager
9.ADJOURN
There being no further business, the meeting was adjourned at 10:50 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk