Minutes of Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority held
October 11, 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 6:30 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Mayor Aaron Meadows and Councilmembers Anissa Williams and George Fuller were also in attendance. Mayor Pope announced Councilmember Sue Higgins was absent due to attending a transportation conference in Seattle, Washington, representing the City and her committee assignment.
1.2 Pledge of Allegiance to the Flag
Mayor Pope led the Pledge of Allegiance to the Flag.
The City Council considered Public Comments and the Consent Calendar prior to presentation of proclamations while the City Clerk obtained the proclamations to present.
1.3 Presentation of Proclamations - 1. National Friends of the Library Month (Lorena Campos, Friends of the Oakley Library President) 2. Domestic Violence Awareness Month (Shannon Starzyk, Contra Costa Family Justice Center) 3. Red Ribbon Week (Patricia Britton & Van Le, Pride & Purpose Project Youth Advocates, Shameka Bolds, Pride & Purpose Project Coordinator, Fatima Matal Sol, CCC Alcohol and Other Drugs Program Chief) 4. Breast Cancer Awareness Month (Janet Jule, Antioch Medical Center Chief Nursing Officer)
Mayor Pope presented the proclamations. Recipients accepted and shared information. Pride & Purpose Project Youth Advocates Patricia Britton and Van Le provided red ribbons to the City Council.
2) PUBLIC COMMENTS
None.
3) CONSENT CALENDAR
3.1 Approve Minutes from the Special Joint Meeting of the Oakley City Council, Board of Directors of Diablo Water District, and Board of Directors of Ironhouse Sanitary District held September 26, 2022 (Libby Vreonis, City Clerk)
3.2 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)
3.3 Approve second reading of Ordinance No. 14-22 authorizing the levy of a special tax commencing in Fiscal Year 2023-24 and each ensuing fiscal year thereafter solely within and relating to City of Oakley Community Facilities District No. 2022-1 (HCP/NCCP Services)
3.4 Waive the Second Reading and Adopt an Ordinance Adding Chapter 4.38 (Single-Use Foodware Accessories and Condiments) to the Oakley Municipal Code (Ken Strelo, Planning Manager)
3.5 Waive the Second Reading and Adopt an Ordinance Amending Sections
2.9.002 through 2.9.012 of the City of Oakley Conflict of Interest Code to Adopt and Incorporate by Reference the terms of 2 California Code of Regulations Section 18730 and any Amendments to it duly adopted by the Fair Political Practices Commission and Repeal Sections 2.9.014 through
2.9.020 of the Oakley Municipal Code (Libby Vreonis, City Clerk)
3.6 Fiscal Year (FY) 2022/23 First Quarter Report on the Capital Improvement Program (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.7 Acceptance of work associated with the Construction Contract to R & R Pacific Construction, Inc. for the construction of Fiscal Year (FY) 2020/2021 Street Repair and Resurfacing Project-Capital Improvement Project (CIP) Number 246 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.8 Authorize the City Manager to execute a Construction Agreement with Martell Water Systems, Inc. for the Construction of Capital Improvement Project Number 265 -Irrigation Well Installation Project at the City's Freedom Basin (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.9 Authorize the City Manager to Execute a Consulting Agreement with Callander Associates Landscape Architecture, Inc. for Landscape Architectural Design Services for the Enrico Cinquini Park Construction Project-Capital Improvement Project Number 281 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.10 Adopt Resolution of Intention to Establish Community Facilities District No. 2022-2 (Summer Lake North Maintenance Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.11 Creating Zone 186 within the Oakley Special Police Tax Area consisting of the Summer Lake North project located on the northeast corner of the intersection of Bethel Island Road and East Cypress Road (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.12 Review of Proclamation Request for Future Agenda (John Muir Community Health Fund Day) (Libby Vreonis, City Clerk)
One online public comment was submitted by Dwight Hodgen regarding item 3.8.
He inquired about the impact of extraction of water from the well on private party wells in the area. Public Works Director/City Engineer Kevin Rohani spoke directly with Mr. Hodgen prior to the meeting to answer his question.
It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to approve the Consent Calendar. Motion was unanimous and so ordered. (4-0) Presentation of proclamations occurred next, before Public Hearings. 4) PUBLIC HEARINGS
4.1 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 shared staff recommends continuing this item to a date uncertain to allow time for staff to review and analyze comments submitted.
City Attorney Derek Cole explained there is a difference between continuing an item to a date certain or date uncertain. He shared if an item is continued to a date certain, staff does not have to re-notice. He mentioned the reason the agenda says a date uncertain doesn’t mean staff is going to push it off; it is because staff is looking for flexibility to do analysis and review, and respond to comments received. He mentioned the intention is to bring this item back at the beginning of the year, but staff does not yet have a date certain. He commented that the Council has the option to pick a date certain.
Mayor Pope called for public comments and shared that one written public comment was submitted (by Shelly Fitzgerald) inquiring about the delay which Mr. Cole explained.
Councilmember Fuller requested a moratorium on issuing any building permit, CUP, variance, or other item that would fall within the Zoning Code until the Council passes a zoning ordinance. He mentioned it has been 18 months since Councilmember Williams requested the item and it has gone back and forth since then, and the community is losing confidence that it will come together.
Councilmember Williams inquired what it would take to have moratorium.
Mr. Cole responded that they cannot discuss the substance of it because it is not on the agenda; it can be requested as a future agenda item; however, he can mention that a moratorium requires an urgency ordinance that would require time for him to draft and bring back.
Councilmember Fuller respectfully disagreed that it is not off the agenda.
Mr. Cole clarified if regarding the special land uses only, they could discuss further; however, if a blanket moratorium is desired, the Council may request it as a future agenda item.
Councilmember Fuller indicated he would accept special land uses for this meeting, but he wants a moratorium across the board to come back which he will request as a future agenda item, so the community has trust that the City is not just putting things off.
Mr. Cole commented the Council needs to give staff and legal counsel time to do the job well. He mentioned they may disagree with the developer request, but he wants to hear all comments and create zoning ordinances that work well for everyone. He also mentioned he can appreciate how people can say it is taking a long time, but he also appreciates considering all aspects to bring it forth while balancing all other tasks.
Councilmember Fuller mentioned he is not saying don’t look at it, but until it comes back and passes, he wants a moratorium, and the community needs to know they are going to have a zoning ordinance.
Mayor Pope commented he won’t be on the Council next year but would feel more comfortable to continue to a date certain in January 2023.
Councilmember Williams agreed with a moratorium for the special land uses until it is solidified and to bring the item back on a date certain, January 24, 2023. She mentioned she is not certain how many pending applications there may be or what affect this will have but she thinks a moratorium may be needed so the community knows the City is not just putting it off while more applications can potentially come in.
Mr. Cole commented it is up to the Council if a moratorium is wanted but he cannot draft it by Monday to meet the agenda deadline for the next Council meeting to be held October 25. He suggested he could bring it forth for the November Council meeting.
Councilmember Fuller inquired what happens if the Council passes a moratorium tonight.
Mr. Cole explained the Council cannot address a moratorium tonight as there has been no notice of it on the agenda.
Councilmember Fuller expressed concern regarding putting it off. He made a records request for every CUP, building permit, variance and design submitted until the item is brought back.
Vice Mayor Meadows inquired if Councilmember Williams’ motion was only to continue the item to a date certain, January 24, 2023, not a moratorium.
Councilmember Williams indicated her motion is to continue the item to January 24, 2023. It was seconded by Vice Mayor Meadows. AYES: Meadows, Pope, Williams. NOES: Fuller. (3-1)
5) REGULAR CALENDAR
None.
6) REPORTS
6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray reported the BNSF railroad signal arms have been malfunctioning. He shared BNSF indicated there were some faulty shunts on the track that have been fixed, but arms are still malfunctioning. He also shared that BNSF indicated technology warns the train operator of malfunction; however, he does not believe this creates comfort for residents or staff; BNSF needs to make sure the railroad arms are operational and safe, and staff has been in contact with BNSF repeatedly regarding this issue.
Councilmember Williams inquired if there is anything the City can do to hold BNSF accountable.
Mr. McMurray explained he wishes the City had more leverage but the railroad is higher on the totem pole than the City; however, contacts at BNSF have now been more responsive and he believes they are making positive traction. He mentioned the 1-800 number on the control cabinets has been ineffective. He expressed any comments the Council can provide to staff to direct to the Washington BNSF team to direct to the BNSF local team would be helpful.
Vice Mayor Meadows commented it is imperative for staff to keep working on it and he appreciates contacts made. He suggested Congressional representatives may help. He mentioned even if BNSF is taking precautions, it is still a safety issue for the City with traffic backing up on Cypress and Main streets, and the railroad needs to be responsible for its equipment and step up.
Councilmember Fuller suggested the City Attorney might help to draft an ordinance provision to place a limit on the amount of time trains can block traffic. He mentioned when he was with LAPD, trains could not block traffic for more than 15 minutes.
Mayor Pope mentioned if it can be addressed by local ordinance that it should, but he believes it may be a federal matter and suggested reaching out to federal representatives. He shared he believes there already is a restriction for trains blocking traffic for more 15 minutes, but he would like to hear back regarding enforcement of that restriction.
Mr. McMurray also reported on the Burrough’s property consisting of 43 acres with Westgate Venture. He mentioned the City has accelerated frontage improvements along East Cypress, the parcel extending from Knightsen to the canal overcrossing. He shared that plans are out for CIP 247, the bid will occur later this week, staff will bring forth a contract on October 25, and construction is expected to begin early next year to provide a 6-lane road and improvements to make the section safer.
Mr. McMurray also reported on East Cypress from the canal to Bethel Island Road. He mentioned the Council approved a reimbursement agreement earlier this year with two developers, TI Capital and DeNova. He shared TI Capital is developing 3,200 homes and is wrapping up plans and permits, and DeNova has 824 homes and they are actively building the levy on the Summerlake North project. He mentioned staff is working with both developers for roadway improvements including widening of the canal crossing and a 4-lane divided road. He shared that eventually, the project will traverse over Rock Slough Bridge to a new road to connect to Delta Road. He indicated staff is analyzing right-of-way to acquire and will engage with property owners regarding acquisitions early next year.
Councilmember Williams mentioned she previously suggested a timeline be placed on the City’s website. She inquired if anything is available on the City’s website to view.
Mr. McMurray responded that the City’s website was updated to include the evacuation route and staff can provide more detail on the website regarding improvements to be installed on that section and the Burrough’s project.
Councilmember Fuller suggested periodically posting updates on all projects so the public knows what is being done and that projects have not fallen off just because others have started.
Mr. McMurray responded staff can update the website and get more information out to the public.
Mr. McMurray also reported that the City has a MOU in place now with property owners on Holland Tract in addition to Reclamation District 2025 on Holland Tract for evacuation routes. He mentioned they are nearing signature on a similar MOU with Reclamation District 799 within Oakley’s jurisdiction to complete the overall agreement structure to allow the evacuation route to happen.
Mr. McMurray also reported that on October 25, staff expects to bring a preliminary design and right of way alignment contract between Teton and Sellers to provide relief from East Cypress and direct access from Sellers to Laurel. He mentioned it is a $40 million project and staff will notify property owners and find money for construction. He shared the City has a new grant writing firm to find money. (b) Update on Current Planning Applications
Mr. McMurray provided an update on current Planning applications pursuant to the Council’s request for staff to provide more advance notice on Planning projects. He shared staff has started social media outreach to advertise current projects and provide links to information. He also shared the projects’ page is the 7th most viewed webpage on the City’s website.
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
Vice Mayor Meadows reported he attended the Mayors' Conference virtually last week and there will be several appointments at the next Mayors’ Conference meeting with some current Councilmembers retiring and with openings on committees. He announced transit meetings have been canceled for November.
Councilmember Williams reported Tri-Delta Transit had a full return to service on September 12, an Uber-like service called “Try My Ride” provided by Tri-Delta for public transit is up 46% and is doing great, and at-large board position is up for anyone interested in applying. She shared it is the best committee she has served on.
Mayor Pope announced the next Habitat Conservancy meeting will be held virtually on October 21 at 10am and he expects it will be the last virtual meeting which can be viewed by going to the Habitat Conservancy page on the County’s website. He mentioned Habitat Conservancy meetings in 2023 should be held in person. He suggested a similar page on the City’s website to that of Planning projects for CIP projects.
Mr. McMurray indicated staff can provide a similar page for CIP projects. (b) Requests for Future Agendas
Councilmember Fuller requested:
1. A moratorium on development of special land uses (drive-through restaurants, carwashes, gas stations and self-storage).
Councilmember Williams supported this moratorium.
2. A moratorium stopping all applications until a zoning ordinance is approved. There was no support for this moratorium.
3. A closed or open session item regarding the Laurel Road acquisition.
Mr. McMurray indicated staff is on track to bring forth an agreement for the right-of-way on Laurel Road on October 25.
4. A policy addressing no person may discuss personnel matters at the podium during public comment. Mr. McMurray indicated the City Attorney will address the item via memorandum.
5. Consider any CUPs, licenses, or business operations for the NW corner of Sellers and E. Cypress to come before Council. Mr.
McMurray commented he will check and report back, but he believes the development plan was already approved. Mr. Fuller specified in relation to CUPs (a potential beer cave in the area), he would like to see that come to Council.
6. Ordinance restricting amount of time trains can stop traffic. 7) WORK SESSIONS
None.
8) CLOSED SESSION
None.
9) ADJOURN
There being no further business, the meeting was adjourned at 7:44 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk