Minutes of the 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 September 13, 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 6:31 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Mayor Meadows and Councilmember Anissa Williams and George Fuller were in attendance. Mayor Pope announced Councilmember Higgins is out of state and would not be in attendance.
1.2 Pledge of Allegiance to the Flag (Angelina Gilbo, 5th Grade Student at Vintage Parkway Elementary School)
Vintage Parkway Elementary School 5th grade student Angelina Gilbo led the Pledge of Allegiance to the Flag.
1.3 Reading/Presentation of Proclamations
Mayor Pope presented the following proclamations:
1. Library Card Sign up Month (Lisa Cano-Loomis, Contra Costa Library Manager) Contra Costa Library Manager Lisa Cano Loomis accepted the proclamation for Library Card Sign Up Month and shared current and upcoming programs. She introduced Lorena Campos, President of Friends of the Oakley Library. She provided library card applications, stickers and bookmarks.
2. Falls Prevention Week (Allen Perry, Oakley Seniors)
Oakley Seniors President Allen Perry accepted the proclamation. He mentioned Oakley Seniors are accepting memberships for new members and they provide free grocery give away every Thursday.
3. National Hispanic Heritage Month (Annalouisa Gonzalez-Ortega, Freedom High School Latinos Unidos Club Advisor)
Freedom High School Latinos Unidos Club Advisor Annalouisa Gonzalez-Ortega accepted the proclamation along with Latinos Unidos Club President Maria Rafael, Club Vice President Naomi Romero, and Club Treasurer Jose Ordonez. Ms. Gonzalez-Ortega mentioned they hold two meetings each month, share cultural events, and fundraise for scholarships for students to use post-high school.
4. Suicide Prevention + Action Month (Gigi Crowder, Contra Costa Chapter National Alliance on Mental Illness)
Contra Costa Chapter National Alliance on Mental Illness (NAMI) Executive Director Gigi Crowder accepted the proclamation. She pinned Mayor Pope with a mental health awareness ribbon. She mentioned it is important to know the signs of mental health concerns and provided additional ribbons. She announced NAMI will hold an event on September 17 at Contra Loma Park to release doves for loss of young ones to mental illness.
5. Patriot Day (Dave Watson, Con Fire Assistant Chief)
Con Fire Assistant Chief Dave Watson accepted the proclamation for Patriot Day. He thanked everyone in Oakley for becoming part of Con Fire. He shared he is part of a team that responds to disasters like 9/11, and Oakley fire members will also be part of that team.
6. National Service Dog Month - Councilmember Fuller
Councilmember Fuller accepted the proclamation with his Norwegian Elkhound service dog, Ivar. He requested the proclamation be displayed in the foyer of City Hall.
The following proclamations were entered into the record:
7. Labor Day
8. Disabled American Veterans Day
2) PUBLIC COMMENTS
Patrick Dorn shared he plays disc golf plays 3-4 days a week with people of various ages. He requested Oakley consider a disc golf course in one of its parks. He mentioned materials would have to be purchased but he can get free labor. He added that Brentwood and Walnut Creek have it and all people of all abilities can play.
Gary Marquez submitted a written comments indicating disc golf could increase revenue for local businesses.
John Gutierrez submitted a written comment requesting a disc golf course in Oakley as it is growing in popularity and is getting crowded in Antioch and Brentwood.
Conan Moats commented that disc golf brings value to the community. He shared it is currently offered in Brentwood and Antioch, all ages can play, it is low cost for upkeep, and fosters camaraderie.
Mayor Pope mentioned direction has already been given to staff to research possibilities.
Mr. McMurray mentioned an agenda item will be brought to the Council for consideration.
Stephen Sandler commented he is a resident at The Oaks Apartments and spoke before the Council approximately 10 years ago. He shared that people living in the building do not feel safe. He requested a meeting with a Councilmember or City Attorney to discuss the physical barrier that was supposed to be put in place between the senior and regular housing complexes. He indicated Mr. McMurray informed him about a 10-year agreement which has expired. He inquired about oak trees that are no longer nearby and cameras that do not exist.
Mayor Pope commented he recalls some of the oak trees were diseased and that cameras were part of the conditions of approval for the project. He inquired if the City still has legal recourse to hold them accountable for the conditions of approval.
Mr. McMurray responded that some oak trees were diseased, but the project mitigated for the loss of oak trees and many new trees were planted. He mentioned the City verified the improvements for the project and he will prepare a future update to the Council.
Bud Chaddock mentioned he attended a fishing meeting where a Restore The Delta presentation was provided regarding bloom and algae. He mentioned it was shared during the presentation that spores can cause heart disease caused by stagnant water, Discovery Bay has the third poorest water quality in the state, animals get sick and die from this, there has been a 26% rise in algae in one year causing problems with desalination, and he knows people who got lesions from being in the water around Big Break kayaking. He suggested a presentation be brought to the Council and mentioned it is a problem the City should pay attention to when building to maintain a nice open area.
Randi Adler commented on June 27th she filed a complaint against an officer, the next day there was a fire in her backyard, the Police came into her house without reason and said she was unstable and hurt her so bad she has been hospitalized four times and has had surgery. She shared she was released 45 minutes after being taken to the hospital in restraints. She congratulated Councilmember Fuller for bringing an issue before the Grand Jury regarding the former City Manager stealing money from the City and indicated Mayor Pope said it was debt paid off, but it was actually pardoned. She mentioned City Attorney Derek Cole told everyone not to talk to her because he feared she would sue, and she has turned him in because he prepared the paperwork. She suggested Council term limits and to vote in the next Mayor. She mentioned she has been sexually abused by Oakley Police for years and she is tired of their comments. She indicated she would do personal citizens’ arrest on Mr. Cole since he told them to reject the Police report and videos and she will make sure he is prosecuted. She mentioned she is a better friend than an enemy and she ran for City Council twice and learned about her rights.
Liz Elias requested improved street lighting at Main Street and Rose Avenue for safety.
Public Works Director/City Engineer Kevin Rohani mentioned he will investigate it. 3) CONSENT CALENDAR
3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting held 07/12/2022 (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/Public Financing Authority Meeting held 08/09/2022 (Libby Vreonis, City Clerk)
3.3 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)
3.4 Annexation No. 33 (Elm Lane Apartments) 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)
3.5 Ratify Election: Adopt Ordinance No. 07-22 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 184 within the Oakley Special Police Tax Area for Police Protection Services for 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)
3.6 Ratify Election: Adopt Ordinance No. 08-22 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 185 within the Oakley Special Police Tax Area for Police Protection Services for the Elm Lane Apartments project (APNs 051-210-019 and 051-220-005) (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.7 Award of Construction Contract to Sun Light & Power for the construction of the City Hall Rooftop Solar Power Project, Capital Improvement Project (CIP) Number 286 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.8 Authorize the City Manager to Enter into a one-year Agreement with Townsend Public Affairs, Inc. for On-Call Grant Writing Services (Joshua McMurray, City Manager)
3.9 Award of Construction Contract to Day's Generator Service Co. for the installation of the Recreation Center Emergency Generator Project, Capital Improvement Project No. 249 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.10 Consideration of a Resolution Amending the City of Oakley Fiscal Year 2022/2023 Budget, Awarding a Contract to Affordable Landscaping Services Corporation for the Site Preparation and Installation of Turf around the Lake at the Delaney Park Subdivision and Authorizing the City Manager to Execute the Agreement (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.11 Approval of Contract with Universal Site Services, Inc. (USS) for Porter Maintenance Services for Various City of Oakley Parks and Facilities (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.12 Adopt a Resolution Ratifying the Fifth Amendment to the Agreement with Cole Huber, LLP for City Attorney (Jeri Tejeda, Human Resources Director)
3.13 Approval of Consulting Services Agreement by TRB and Associates, Inc. for OnCall services related to Code Compliance Plan Review and Inspection Services (Brent Smith, Community Development Director)
3.14 Reject all bids and authorize staff to re-bid the Senior Center Roof and HVAC Repair and Replacement Project Capital Improvement Project (CIP) Number 288 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.15 Review of Proclamation Requests for Future Agendas (Libby Vreonis, City Clerk) Items 3.1, 3.2 and 3.3 were pulled.
It was moved by Vice Mayor Meadows and seconded by Councilmember Fuller to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (4-0) Items 3.1 and 3.2
City Clerk Libby Vreonis read amendments to the minutes into the record, as follows:
July 12, 2022 Minutes: Page 30, Item 4.1, “He expressed he wants to see the site at Oakley Road removed…”
August 9, 2022 Minutes: Page 44, Item 5.4, “…seconded by Councilmember Higgins…” and Section 9, “… the meeting was adjourned at 10:50 p.m.”
It was moved by Vice Mayor Meadows and seconded by Councilmember Fuller to approve the minutes as amended. Motion was unanimous and so ordered. (4-0) Item 3.3
Councilmember Fuller expressed he thought the direction of the Council was for the Human Resources Director to discuss any salary adjustments.
City Attorney Derek Cole indicated it has been their practice for negotiating adjustments for compensation to involve the City Manager, Mayor, Vice Mayor and City Attorney. He mentioned there is an item tonight to address any possible matters.
Councilmember Fuller mentioned the documentation to support the Mayor and Vice Mayor on the negotiating team is from 12 years ago and was valid for one year.
Mr. Cole indicated as a practical matter, he acts as the main conduit between the Council and City Manager; acting with the full Council's purview.
Councilmember Fuller expressed he does not support that policy and will make a future agenda request for that policy to address the selection of ad hoc committees.
It was moved by Vice Mayor Meadows and seconded by Councilmember Williams to accept the Report Out of Closed Session memo. AYES: Meadows, Pope, Williams. NOES: Fuller (3-1) 4) PUBLIC HEARINGS
4.1 Water-Efficient Landscape Requirements Update - Introduction of an Ordinance to Amend Oakley Municipal Code Chapter 4.31 (Water-Efficient Landscape Requirements) to Adopt the State of California’s Model Water Efficient Landscape Ordinance as Amended by Diablo Water District’s Regulation No. 8 which Prohibits New Installation of Non-Functional Turf (Ken Strelo, Planning Manager) Ken Strelo presented the staff report and PowerPoint presentation.
Councilmember Fuller inquired about existing artificial turf in Oakley.
Mr. Strelo explained non-functional turf in place prior to this ordinance would be allowed; future non-functional turf would be subject to the new ordinance.
Councilmember Williams inquired if it is 500 square feet for each lot or the development for landscaping in new developments and she inquired about the impact on water conservation.
Mr. Strelo responded it is the entire project, all front yards combined. He mentioned developers will use drought tolerant landscape in new front yards and the impact on water conservation is about the same as now.
Mayor Pope opened the public hearing.
Public Comment
Randi Adler shared she notices people are not taking care of landscaping and she called Code Enforcement because neighborhood landscaping in her area is overgrown and they didn’t return her calls, and the same for her call regarding her neighbor parking a giant RV in his driveway.
She mentioned she will not call law enforcement; she was just told to leave by the Chief of Police after she told the Council she was sexually harassed by them.
Mayor Pope closed the public hearing.
Councilmember Fuller commented that the ordinance works for him.
Mayor Pope inquired if new developments are required to do a physical barrier for weeds.
Mr. McMurray mentioned there are strict landscape requirements for new homes to control weeds. He also mentioned anyone with concerns about landscaping or other matters can call Code Enforcement and they will investigate it and work with the property owner to bring the property up to code.
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)
4.2 Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses?”) --Adding Four Subsections to Address Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage (RZ 04-21) (Ken Strelo, Planning Manager)
Planning Manager Ken Strelo presented the staff report and PowerPoint presentation.
City Attorney Derek Cole mentioned there is no Brown Act issue here as mentioned in a comment letter. He explained the Council filled out a questionnaire that was provided to the City Clerk, it was presented to the Council and public at the same time, and the missing piece of the letter presented is that a majority of the Council must have communicated among each other and that didn’t happen; there is nothing here outside of proper procedure and careful measures were taken. He requested time to take a deeper look into comments received and report back at the October 11, 2022 Council meeting.
Mayor Pope opened the public hearing.
Councilmember Williams inquired if this ordinance will only affect new entitlements or existing entitlements as well.
Mr. Strelo responded it will only affect new applications, not existing entitlements.
Councilmember Fuller inquired if this will impact the Council’s decision already taken on the northwest corner of Laurel and O’Hara.
Mr. Strelo confirmed this ordinance will not affect any previous decisions.
Vice Mayor Meadows inquired how many properties at the 4 corners of Laurel & O’Hara are entitled.
Mr. Strelo responded that Laurel Plaza is entitled, but no other entitlements exist on the other three corners.
Mayor Pope inquired if there is a procedure for exceptions if an applicant’s project doesn’t satisfy one of the requirements.
Mr. Strelo mentioned it is not written in the ordinance now and it would be rare, but there is always an option for a variance if regarding a development regulation, i.e., set-backs, height, etc.
Public Comments
Four public comments were submitted to staff electronically from Matthew Francois, Rutan & Tucker, LLP, Andrew Sabey, Cox Castle Nicholson, William Mitchell, WT Mitchell Group, and Richard Randles.
Matthew Francois, Rutan & Tucker, LLP, legal counsel for Safeway, requested the Council to consider comments and make Safeway’s requested changes prior to acting on the Zoning Amendments.
Andrew Sabey, Cox Castle Nicholson, legal counsel for O’Hara Properties, LLC, indicated that approval of the current amendments would expose the City to substantial legal liability and as the process has unfolded, approval following the City’s actions to shield public review would violate the Brown Act.
William Mitchell, WT Mitchell Group, a commercial real estate developer evaluating sites in Oakley, supported the staff report with exception to Performance Standard 9.1.1240 c.3.
Richard Randles indicated the ordinance will hinder commercially zoned properties along Laurel and Main Street.
Randi Adler inquired if it is more profitable for the City to approve a new business if the City receives a franchise fee. She mentioned Comcast and Mt. Diablo Resource Recovery pay a franchise fee and that made garbage rates increase She inquired how far the City will go for franchise fees for car washes and fast-food at the expense of the health of its residents.
Natalie Mattei, Director of Real Estate for Safeway, introduced herself and Seth Burman. She mentioned the Council has received the letter submitted from Safeway’s land use counsel regarding its 8.7-acre land on the northeast corner of Laurel and O'Hara. She shared Safeway doesn’t have an immediate plan for this location but will develop. She expressed they have noncontroversial comments on drive-throughs and car washes as entitlement have expired and they are neutral on car washes and self-storage. She commented that arterial streets and uses are clean ups and they support traffic studies for pedestrian and bicyclist safety. She mentioned they request clarification on standards. She mentioned it is not a matter of if they will develop, but when they will develop. She requested minor edits be incorporated into the ordinance and staff’s recommendation to include these comments. She supported Mr. Cole’s request for continuance.
Liz Elias commented that the City doesn’t need any additional quantity of these uses; it has enough. She expressed the City needs more family friendly recreation, i.e., skate parks, roller rinks, things to do, other than underused parks.
Councilmember Fuller agreed with Ms. Mattei and expressed he would appreciate Mr. Cole’s analysis of the letters.
It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to continue the items to October 11, 2022. Motion was unanimous and so ordered. (3-1) 5) REGULAR CALENDAR
5.1 Urgency Ordinance Imposing a Moratorium on the Permitting of Hydrocarbon Development within City Limits to Allow for Evaluation of the Public Health and Environmental Impacts and the Enactment of Further and Appropriate Regulations Concerning the Same (Ken Strelo, Planning Manager)
Planning Manager Ken Strelo presented the staff report and PowerPoint presentation.
City Attorney Derek Cole explained the urgency ordinance is premised under the Government Code, in the Planning and Zoning Code. He mentioned he received an email inquiry regarding why this is urgent and he directed it to the Council as a public comment. He explained urgency in this context of the ordinance doesn’t mean means someone will put in an application tomorrow, but if the Council finds that someone could put in an application, the current ordinance is dated, changes in technology have taken place, and the Council doesn’t want to take a chance in next 2 years to receive an application, but rather take time to develop the appropriate changes to the ordinance, that would meet requirements for an urgency ordinance and moratorium under Government Code 65858. He added that “urgency” is parlance used but in government doesn’t always mean urgent. He mentioned a 4/5 vote is required to enact the urgency ordinance therefore with Councilmember Higgin’s absence, it would require unanimous vote of members of the Council present.
Vice Mayor Meadows inquired if the State is currently working on regulations.
Mr. Cole responded he understands the State is well along in the process but can’t say when they will have the regulations.
Councilmember Williams inquired if the City takes no action and the State comes out with regulations if State regulations would supersede the City’s ordinance.
Mr. Cole indicated the issue of preemption is currently being reviewed by the State Supreme Court in the County of Monterey case and the City may have to change its ordinance once the Court’s decision is issued.
Public Comments
Public comment was submitted to staff electronically by Mark, Emily, Elisabeth and Matthew Linde regarding the urgency of the ordinance and what legal requirements must be met.
Liz Elias commented she spoke to the Council in July during Public Comments regarding the oil drilling issue and the intent and focus have not changed but the Council’s actions have changed with the issue shifting to an urgency ordinance. She mentioned climate changes are urgent; however, this vote and context are not urgent; the urgency clause skillfully, if not unethically skirted past a simple majority vote when the Council knows there are not enough votes to carry a motion. She indicated two Councilmembers will cast nay votes and have lost her respect. She urged the Council to do the right thing, pass the ordinance, and while in effect, work on a total ban.
Mike Moore expressed strong support for the moratorium for two reasons: public health and legislative action. He mentioned public health would be adversely impacted. He mentioned in Cal Gen’s rulemaking that is currently underway, the scientific advisory panel concluded with a high level of certainty that the epidemiological evidence shows that the proximity of oil and gas drilling is associated with adverse perinatal and respiratory outcomes, supporting paragraphs C, E and F of the moratorium. He mentioned SB 1137 passed August 31st and is awaiting the Governor’s signature; if signed, it will significantly change oil and gas drilling requirements to include a Notice of Intention to address sensitive receptor inventory and map, mandating a health protection zone of 3,200 feet around a sensitive receptor with certain exemptions, and requiring a leak protection plan to be submitted for wells within a health protected zone. He mentioned Oakley Municipal Code (OMC) Section 9.1.1.1216(f)(1)(i) provides setback distances of only 50-150 feet from various structures and dwellings. He mentioned SB 1137 would add Public Resource Code Section 3280 that defines sensitive receptors as much more than dwellings, including education centers, community centers, health care facilities, live-in housing, and businesses open to the public. He commented that both setbacks and dwellings need to be update in the OMC, therefore, the moratorium is warranted.
Allison Chiu commented the ordinance is important due to health impacts for current and future generations, i.e., cancer, heart disease, asthma, etc. She indicated the Council must protect its residents and should follow its neighbors of Antioch and Brentwood to ban oil and gas drilling.
Ian Cohen thanked Councilmembers Williams and Fuller for their votes as oil and gas drilling have no home in the Heart of the Delta. He asked Mayor Pope and Vice Mayor Meadows to consider how it has a home in Oakley. He mentioned with action taken now, these companies could not exist when he is 50 years old. He shared people are within 2.5 miles of drilling, creating risk of cancer. He urged the Council to follow its neighbors of Antioch and Brentwood; He asked Vice Mayor Meadows how he can invite families here with oil and gas wells, with oil companies making hundreds of billions of dollars of profit off us. He urged the Council to pass this urgency ordinance to get the ball rolling to protect its residents.
Alexi Lindeman requested the Council place a moratorium on oil and gas drilling and take climate action now. She mentioned drought, a year-round fire season and heat waves, have become expected and normal within the past 5 years and she is frustrated and disappointed to wait for something bad to happen for the Council to act or for the Council to act when it is too late. She asked the Council to consider one young person they know and how they can help shape the world they will live in. She urged the Council to take another step tonight in the right direction as it has the power and means to do it.
Councilmember Williams commented this moratorium provides her and Councilmember Higgins an opportunity to keep pushing forward and get some direction from state legislation. She mentioned the ordinance is outdated, there are potential health impacts, and it is hypocritical after the Council’s work on the General Plan Update if the City does not pause with this moratorium to research the matter further.
Councilmember Fuller expressed every person at the dais has concern regarding climate control and the welfare of residents; they differ on how they go about change. He mentioned he will support a moratorium so they may review the ordinance and bring it up to date. He added a 150-foot buffer concerns him; he wants it reviewed. He shared he will address during item 5.2 why he doesn’t support a local matter as it needs state and/or federal support.
Vice Mayor Meadows inquired how long it will take to review the ordinance.
Mr. McMurray responded the City’s review of the ordinance could be relatively quick, but it would be premature to bring it forward before the Court and State have acted.
Mr. Cole commented he is not sure if there ever has been an application in Oakley and there are none at this time so the likelihood of application may be low. He mentioned the Court decision may not be until spring or summer next year followed by an administrative process at the State, therefore, staff may not have complete information until the later part of next year.
Vice Mayor Meadows expressed he does not support a moratorium but supports revising the City’s current ordinance.
Mr. Cole explained if the Council approves, the ordinance would be effective 45 days and they would have to vote to extend during the second meeting in October (requires 4/5 vote) and if approved, it would extend 10 months and 15 days, to essentially this same time next year. He mentioned he wants to be sure the Council knows if it approves the ordinance tonight, it doesn’t shut it down for 2 years.
Mayor Pope commented he spoke in detail last year and he is not in favor of a moratorium or outright ban but is in favor of looking at the current ordinance at a distance, without emotion. He mentioned there are no applications and no active wells. He provided an example of rolling blackouts in California; they didn’t exist when he was younger because power stations existed and those are being shut down before there is a replacement source.
It was moved by Councilmember Williams and seconded by Councilmember Fuller to approve the moratorium for 45 days. AYES: Fuller, Williams. NOES: Meadows, Pope. The urgency ordinance did not pass. (2-2)
5.2 Resolution Approving a Letter of Support Addressed to the County Board of Supervisors to Ban all Future Oil and Gas Drilling Countywide and Shut Down Current Oil and Gas Drilling Operations (Ken Strelo, Planning Manager) Planning Manager Ken Strelo presented staff report and PowerPoint presentation.
Councilmember Fuller inquired if mineral rights of submerged oil are the property of a property owner in California.
Mr. Cole explained that it varies; throughout the state there were reservations of mineral rights in the early 20th Century and in many cases there was a practice of severing of mineral and surface estates.
Vice Mayor Meadows commented that someone still owns the mineral rights though.
Mr. Cole responded that someone may own them, but they may not know.
Vice Mayor Meadows commented that a title search would reveal it.
Mr. Cole provided an example that Kern County has well-known and well-understood mineral right holders, but in an urban county, there may be people who own mineral rights and do not know it. He mentioned there is a process to terminate dormant mineral rights; people have the right to exploit minerals but can’t do it in such a way to disrupt property. He added that a property mineral right owner in a paved subdivision property may choose not to exploit minerals.
Vice Mayor Meadows commented there are ways to get in with amazing technology. He shared that in Contra Costa County, individuals have made a lot of money off gas rights.
Public Comment
Mike Moore requested the Council adopt a resolution to support the letter. He mentioned there is no pressing need to currently extract oil and gas in Contra Costa County. He explained that the State is on a path to reduce fossil fuel usage. He shared AB 32 (2006) plans to reduce GHGs generated by burning fossil fuels. He mentioned the 2022 scoping plan updates the goal to achieve carbon neutrality by 2045 and would reduce petroleum usage by 91%. He mentioned SB 100 (2021) joint agency report describes pathways how California will achieve 100% electric retail sales and state loads from renewable and zero carbon sources by 2045. He mentioned concerns were raised at the August 9 meeting over the availability of natural gas and mineral rights. He mentioned unincorporated Contra Costa County is required to have building permits issued after June 1, 2022, for construction on all residential, retail, office, and hotel buildings to be all electric with no natural gas allowed. He suggested Oakley consider all electric for all new buildings. He shared that he checked his grant deed and found the 41 lots in Heartwood Estates have no right to drill on their property. He mentioned a pool lease was executed in 1978 (last active 1981-1986). He mentioned Oakley has 95 capped and abandoned wells and one idle well; the last new well was started in 2005 and the last production well was in 2015. He mentioned the value of mineral rights is very small. He shared that while the decision is awaited on Chevron v. Monterey, SB 1137 provides more authority to ban oil and gas drilling and Section 3289(b) doesn’t prohibit from counties or cities from imposing more stringent provisions on oil and gas development.
Alexi Lindeman echoed Mr. Moore’s comments. She shared she lives by a current oil and gas well near Kaiser hospital and when oil is extracted, homes can sink, impinging costs on residents. She urged the Council to support the letter and follow neighboring cities of Antioch and Brentwood.
Ian Cohen echoed Ms. Lindeman’s comments. He commented the County is under attack by oil companies; within 1/2 mile of Kaiser hospital there are 3 oil drilling sites, and in Shadow Lakes they are trying to drill 1,000 feet from homes. He mentioned a Stanford study focused on Kern County and the cancer risks associated with oil and gas drilling. He urged the Council to support the letter, within its full authority.
Randi Adler commented Vice Mayor Meadows will be Mayor soon and has an obligation to do the right thing. She inquired how much money he is making supporting gas companies and not looking after the people of Oakley. She suggested he should ask if it is it right for the people of Oakley or right for me. She commented Vice Mayor Meadows will destroy the city if he supports gas companies to drill in this area.
Bud Chaddock commented his brother’s work deals with the Williston Basin and there is a need for fuel, but if sites are capped for many years, they should look to the reason they are not taking it out. He commented there may be subsidies and they are not paying taxes. He expressed the city doesn’t need it here if all sites are capped.
Jaime Spohn commented this area could be similar to Kern County as oil and gas sites are historic in Oakley and other surrounding areas. She shared oil and gas reservations exist in many properties in East County, including one that Nunn Farms recently wanted to reopen under a very large neighborhood. She suggested it would behoove the Council to become educated on oil and gas rights and further evaluate existing capped sites because they are probably off-gassing. She mentioned they shouldn’t be deceived that because the rights are not exercised that they couldn’t be. She inquired if Vice Mayor Meadows has family ties that would be impacted by the moratorium that may require him to recuse himself. She expressed she hopes the City will consider the moratorium to become better educated on what exists in East County. She mentioned the Nunn family has an existing gas pool across the street from Diamond Hills that is still active.
Vice Mayor Meadows commented he has no gas rights in Oakley or elsewhere and is not aware of any family members that own them. He asked speakers supporting the letter if they are willing to pledge to give up petroleum products such as their cell phones. He mentioned if they do away with petroleum before sustainable alternative sources of energy are available, when power outages occur and everything is all-electric, people would not have means to heat water or cook. He commented that people don’t want it in their backyard, but some residents have mineral rights with the property they own. He mentioned it has been years since the last site was active and this is not a pressing issue to him. He expressed he does not support sending the letter.
Councilmember Fuller commented he understands pollution from hydrocarbons and shared his personal health impact with sulfur and other pollution of air. He mentioned our national defense uses a tremendous amount of fuel, especially during 9/11 when aircraft had to be in the air 3-5 days to protect our nation. He commented he doesn’t see electric engines for jets and bombers coming around soon. He also commented that the concept of electric vehicles is great but people that are economically and socially marginalized will be even more so because they won’t be able to buy electric vehicles. He inquired how people will get to work if oil and petroleum are taken away. He expressed oil and gas exploration, and development needs to be a coordinated effort between federal and state; the Council can’t just pull the plug at the local level. He mentioned he is opposed to remove mineral rights at the local level because he doesn’t want to remove it arbitrarily. He expressed opposition to the letter.
Councilmember Williams commented it would be hypocritical to send the letter. She expressed that government agencies should listen to people who voted them in; change don’t always happen at the state level if people don’t make a stance at the local level. She mentioned it would also be hypocritical of her to preach about local control for housing decisions yet say that is for state or federal to take on. She expressed she is frustrated with the conversations happening and it is hypocritical to have someone give up their property under eminent domain but think it is different for mineral rights. She mentioned it is the right thing to do and taking a stand is how you make change. She shared that Cal Cities’ Public Policy is focused on housing and climate and it disappoints her that the City is not going to have involvement in it with this issue. She expressed she in favor of sending the letter.
Mayor Pope commented that all-electric building mandates by government is idiotic; if everything is electric and the power goes out, people can’t have hot water or cook because there is no heat. He mentioned until sufficient green renewal energy exists to supply everyone, these mandates will take us back to 3rd world status. He commented there are sinking homes caused by water wells. He inquired if people should stop drinking water and irrigating farms or have more energy conservation items like dams. He mentioned Federal regulations oil and gas leases were frozen for extraction of resources two years ago; before then the nation was close to or was self-sufficient and now the nation id dependent on countries whose interests are not pro-American and our nation is enriching them by buying their oil when we could be supplying our own. He agreed with the comment that the Council and staff needs to be educated on oil and gas before it takes action.
Councilmember Williams motioned to approve the letter.
The motioned died for lack of a second and did not pass. 6) REPORTS
6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray announced the Heart of Oakley Festival will be held September 24, 2022 in Civic Center Plaza from 11am-5pm. He mentioned Main Street will be shut down between Vintage Parkway and Norcross.
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 he viewed the recording of the Diablo Water District meeting and they have entered into an agreement with Ironhouse Sanitary District for reciprocal recycling agreements involving a transfer of funds at times, they are establishing principals of operation, they are in good financial shape operationally, and conserving water.
Councilmember Williams reported she attended the Cal Cities’ Annual Conference in Long Beach. She mentioned Cal Cities is doing advocacy work to support local controls against AB 2011. She announced she will be attending the Tri-Delta ribbon-cutting ceremony tomorrow for the new Park and Ride in Oakley.
(b) Requests for Future Agendas
Councilmember Williams requested staff look into using ARPA funds for anti-displacement support, research crowd-funding to sponsor small business/economic development, and explore becoming a youth-friendly city by providing more leadership opportunities and recreational opportunities, i.e., skate parks, BMX parks, etc.
Councilmember Fuller requested staff revisit acquiring land at Laurel and O’Hara to expand the roadway to Main Street to relieve traffic onto Main headed toward East Cypress. He also requested a written policy for ad hoc committees and a policy regarding public comment to address matters of business (non-personnel issues) only. 7) WORK SESSIONS
8) CLOSED SESSION
8.1 CONFERENCE WITH LABOR NEGOTIATORS-Labor Negotiations with the City Manager
Pursuant to Government Code Section 54957.6(a)
City Designated Representatives: Randy Pope, Mayor, Aaron Meadows, Vice Mayor and Derek Cole, City Attorney
Unrepresented Employee: City Manager
8.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 63980 Empire Avenue, Oakley, CA, APN 034-010-033 Agency Negotiator: Joshua McMurray, City Manager
Negotiating Party: Roy and Erica Pantle
Under Negotiation: Price and term of payment
There was no reportable action. Direction was provided to staff. 9) ADJOURN
There being no further business, the meeting was adjourned at 9:55 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk