MINUTES OF THE REGULAR JOINT MEETING OF THE OAKLEY CITY
COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY
TO THE OAKLEY REDEVELOPMENT AGENCY AND SPECIAL MEETING OF THE OAKLEY PUBLIC FINANCING AUTHORITY HELD OCTOBER 25, 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 and Special Meeting of the 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, George Fuller and Sue Higgins were also in attendance.
1.2 Pledge of Allegiance to the Flag (Allison DelPrado, Ironhouse Elementary School Student)
Ironhouse Elementary School Student Allison DelPrado led the Pledge of Allegiance to the Flag.
1.3 Presentation of Proclamations 1. John Muir Community Health Fund Day (Lillian Roselin & Ken Carlson)
Mayor Pope presented the proclamation. Ken Carlson thanked the Council and shared information regarding programs in East County that John Muir Community Health supports.
2.PUBLIC COMMENTS
Lynnda Mori submitted a public comment card regarding low-income housing.
Bruce Ohlson spoke regarding bicyclist and pedestrian safety in relation to the Costco being built in Brentwood and urged the Council to consider requesting the City of Brentwood to have Costco to pay for infrastructure improvements connecting access from Oakley to Brentwood on Empire Avenue.
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 09/27/2022 (Libby Vreonis, City Clerk)
3.2 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency/Public Financing Authority Meeting held October 11, 2022 (Libby Vreonis, City Clerk)
3.3 Award of Construction Contract to R&R Pacific Construction Inc. for the construction of East Cypress Road Widening Project (Knightsen Avenue to Jersey Island Road) – Capital Improvement Project (CIP) Number 247 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.4 Authorize the City Manager to Execute a Consulting Services Agreement with BKF Engineers Inc., to Provide Engineering Design Services for Capital Improvement Project Number 280 – Laurel Road Widening (Cloverbrook Avenue to O'Hara Avenue) Project (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.5 Award of Construction Contract to Cairo Builder, Inc. for the Senior Center Roof and HVAC Repair and Replacement Project – Capital Improvement Project Number 288 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.6 Agreement with Consor North America, Inc. for Right of Way and Surveying Engineering Services associated with Capital Improvement Project Number 273 – Laurel Road Extension Project (Teton Road to Sellers Avenue) (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.7 Approval of Consulting Services Agreement with Pavement Engineering, Inc. (PEI) for Design Services Associated with Capital Improvement Project (CIP) Number 279 – Fiscal Year 2022/23 Street Repair and Resurfacing Project (Kevin Rohani, P.E., Public Works Directory/City Engineer)
3.8 Accepting the Subdivision Improvements Associated with the Cypress Estates Subdivision 8728 located at the east end of Mallard Lane, the south end of Fuschia Way, and Fuschia Court (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.9 Agreement for Purchase of Portions of Contra Costa Assessor Parcel No. 034- 090-022 for Road Widening at and Near the Intersection of Laurel Road and O’Hara Avenue (Derek Cole, City Attorney)
3.10 Adopt a Resolution Appointing Marie Osuna to the Contra Costa Transportation Authority Citizens Advisory Committee for the Remainder of the Current Four-Year Term Expiring August 11, 2025 (Libby Vreonis, City Clerk)
3.11 Review of Proclamation Request for Future Agenda (Extra Mile Day) (Libby Vreonis, City Clerk)
Items 3.3, 3.6, 3.9 and 3.11 were pulled for discussion.
It was moved by Councilmember Higgins and seconded by Vice Mayor Meadows to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0)
Item 3.3
Councilmember Fuller pulled the item for discussion. He requested another legal opinion to confirm the project is not in violation of prevailing wage requirements. He mentioned he would abstain.
Public Works Director/City Engineer Kevin Rohani explained that bid documents were advertised publicly, and the agreement requires prevailing wages and certified payrolls. He mentioned it is not uncommon for contractors to have an error and the error has been vetted completely. He added that he would not bring any contract for award if he didn’t feel the contractor can do it and the price is good.
City Attorney Derek Cole shared they received several comments, there has been a concerted effort to address the issues, and none are meritorious. He explained the bidder followed form and instructions that the City provided. He mentioned sometimes when a bid is non-responsive there is some financial advantage, but here there is none; it doesn’t affect price; therefore, it borders on a frivolous argument. He mentioned a second issue is related to a percentage of the bid being lower; however, the party raising the issue didn’t raise any line items. He explained someone would need to show a line item; back of a napkin math doesn’t meet the legal standard. He mentioned when the city spends money on a contract, prevailing wage applies, staff checks it and the Department of Industrial Relations (DIR) requests documents through Public Records Act requests. He indicated if a contractor fails, they face steep penalties not only with the current project, but also being able to get future projects. He commented that safeguards are in place, issues have been handled, and staff is doing its job.
Mr. Rohani shared that bid protests are not uncommon; some contractors protest against the lowest bidder to try and get the contract awarded to them.
Vice Mayor Meadows mentioned R&R has had many projects in Oakley. He inquired if there have ever been any issues out of the ordinary with them.
Mr. Roahni explained that change orders are driven by staff, not contractors and all sorts of things can change during a project.
Councilmember Williams commented one letter referenced prevailing wages at the Oakley dog park. She inquired if there is specific information regarding prevailing wage.
Mr. Rohani mentioned there have been no issues on past projects and he is puzzled at these unsubstantiated comments. He share this project bid is within 8% of the estimate and they are typically lucky to get within 10% of the estimate; this is a big project with 9 bidders.
Councilmember Williams inquired if staff requests DIR numbers for subcontractors on the bids.
Mr. Rohani responded they do not; however, staff is revising the sheet to include a column for future projects. He mentioned many write it in on the side; these are big contractors and they know the rules.
Councilmember Williams inquired if R&R wrote subcontractors DIR numbers on its bid.
Mr. Rohani confirmed they did.
Councilmember Fuller expressed concern regarding the letters mentioning the City did not adhere to prevailing wage requirements.
Mr. Rohani explained any contract requires prevailing wages and whether they acknowledge it elsewhere in the documents is irrelevant. He mentioned everyone has to pay prevailing wages and everything is fully transparent; it goes to the state and there are multiple rounds of checks.
It was moved by Vice Mayor Meadows and seconded by Councilmember Higgins to adopt the resolution. AYES: Higgins, Meadows, Pope. NOES: Williams.
ABSTENTION: Fuller. (3-1-1)
Item 3.6
Councilmember Williams pulled the item for staff to provide a brief overview and explain what it will do for Oakley.
Public Works Director/City Engineer Kevin Rohani shared that the project with provide access from East Cypress directly to Hwy 4. He explained a bridge will be built and a new intersection will be created at Sellers to go toward Laurel to Hwy 4.
He indicated the project will take time as there are some property acquisitions involved and they need to secure grant funding and permits, then they can proceed with constriction.
It was moved by Councilmember Williams and seconded by Vice Mayor Meadows to adopt the resolution. Motion was unanimous and so ordered. (5-0) Item 3.9
Councilmember Fuller thanked the Del Barba family for working with staff to achieve an agreement.
Juli Del Barba submitted a written comment thanking staff for meeting with her family to negotiate terms.
It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to adopt the resolution. Motion was unanimous and so ordered. (5-0) Item 3.11
Vice Mayor Meadows commented he doesn’t know anything about the organization and believes they should have information before approving.
It was moved by Councilmember Higgins and seconded by Vice Mayor Meadows to deny the proclamation. AYES: Fuller, Higgins, Meadows, Williams. ABSTENTION:
Pope. (4-0-1)
4.PUBLIC HEARINGS
4.1 (Continued from September 27th) Golden Oak Subdivision 9580 Tentative Map (TM 02-22) and Variance (VA 01-22) – Request to subdivide an approximately 2- acre site into eight (8) single-family residential lots and a variance request on meeting the minimum lot requirements for four (4) of the eight (8) lots. (APN:
035-090-082). (Kenneth Strelo, Planning Manager)
Planning Manager Ken Strelo presented the staff report and Powerpoint presentation.
Mayor Pope shared this is a public hearing continued from 9/27/22.
Councilmember Fuller requested clarification regarding a walkway or driveway around lot 4 or 5.
Mr. Strelo indicated the driveway on lot 5 would move as far west as possible while still allowing a 5-foot setback.
Councilmember Williams inquired if the crosswalks will have lights for drivers to have warning. She commented the crosswalks on the west end would be better with lighting.
Mr. Strelo responded that as proposed, there are no lights, but it will be reviewed when PW&E reviews the traffic calming analysis.
Councilmember Williams inquired how long it would take Police to get to Oakley Elementary from the Police lot.
Chief of Police Paul Beard responded it would take a couple of minutes with the new gate that has increased response time
Dan O'Leary submitted a written comment that he read into the record. He requested the Council deny the project as proposed in its current form and see an alternative layout with no road extension, as well as save the oak tree.
Mayor Pope thanked Mr. O’Leary for coming forward with an alternative solution/plan to address his concerns.
It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to adopt the resolution. Motion was unanimous and so ordered. (5-0)
5.REGULAR CALENDAR
5.1 Adopt a Resolution to Appropriate ARPA Funds for Police Recruitment Incentives and Marketing (Jeri Tejeda, Human Resources Director) Human Resources Director Jeri Tejeda presented the staff report and PowerPoint presentation.
Hugh Henderson provided comment indicating he supports moving forward with the resolution to create more Police officers for the City.
Councilmember Fuller inquired if officers are required to stay a certain amount of time when receiving incentives and when they should expect to see a salary creep for Police.
Mrs. Tejeda explained the disbursement of incentive funds is split so it is not all received at once. She mentioned the City has a 5-year contract with the POA with 5% step increases, and a 3% COLA in years 3, 4, 5 of the contract;. She added that the salary study put Oakley at the top of 7 comparable cities except San Ramon.
Councilmember Williams inquired what other agencies pay for the academy.
Mrs. Tejeda responded they are looking into it and understand it is between $5k-8k; most are hiring the officer as an employee and paying 6 month’s salary and benefits during training and that is the larger expense.
Councilmember Williams commented this would provide the City a bigger bang than its buck and makes sense.
Councilmember Higgins expressed she is in favor of doing it.
Vice Mayor Meadows requested data regarding how long officers stay with Police.
Mrs. Tejeda responded she does not have it but can get it.
Mayor Pope commented it is a young department. He requested clarification from Vice Mayor Meadows if he wants data nationwide or statewide.
Vice Mayor Meadows clarified statewide and mentioned he is in favor of it.
Mayor Pope explained many Police officers feel like war has been declared against them and are getting out of the profession, a nationwide problem He mentioned Alameda County has experienced a problem with lowering its standards. He asked about Oakley’s hiring standards.
Chief of Police Paul Beard shared he started in 1990 with the Sheriff’s Office and at that time only 1 in 4 made it through the academy; now Police have fallen out of favor with society. He explained that Oakley has not changed its standards, but the agency has gone through 4 chiefs.
It was moved by Vice Mayor Meadows and seconded by Councilmember Williams to adopt the resolution. Motion was unanimous and so ordered. (5-0)
6.REPORTS
6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray acknowledged the Recreation team and everyone who helped with the Harvest Festival, another great event. (b) Update on Emerson Ranch Commercial Center Approvals Mr. McMurray mentioned he submitted a memo regarding the Emerson commercial entitlements, and he can answer any questions.
Councilmember Fuller requested video and minutes from June 8, 2021 indicating he remembers discussion regarding a CUP with alcohol sales, a restaurant even if not drive through and a CUP to direct traffic.
(c) City Attorney Report Regarding Raising of Personnel Matters During Public Comment
City Attorney Derek Cole commented he doesn’t usually attach judicial opinions but here he included them in case there are any concerns he missed anything. He mentioned there has been progression toward protecting speech and there are challenges today on content-based speech and decorum policies, and the trend is agencies lose. He expressed appreciation for Councilmember Fuller’s desire to stand up for staff, but his hands are tied.
Councilmember Higgins inquired if a restraining order is possible.
Mr. Cole explained in a very limited situation, a workplace restraining order can be issued when someone makes threats toward an agency; they must show a course of conduct and the threatening puts you in fear, i.e., threat of stalking. He mentioned the threshold is very high; offensive comments don’t get close to that. He shared even when restraining orders are issued, cases require that access still be given to the restrained party to provide public comment with an escort from Police, for example.
Councilmember Fuller inquired about the final verdict of the Moreno case.
Mr. Cole indicated the constitutional injunctions become like a final resolution and parties typically figure that will be the final ruling.
Councilmember Fuller commented there are no state court cases cited, only federal.
Mr. Cole responded that the Moreno case and 9th Circuit applied CA law. He mentioned if there is an assertion of a federal right, it has standing to go to federal court; a first amendment issue usually goes to federal court.
Councilmember Fuller expressed he did not see hostile workplace addressed in the cited cases and believes the City needs to see what it can do rather than saying its hands are tied.
Mayor Pope expressed his support of looking into this matter is not about First Amendment issues; his practice has been to let people speak and the more they speak, the more people know how crazy they are. He mentioned the Penal Code addresses threatening a public official or making a terrorist threat so if someone threatens staff or Council he would like to know if there is a current procedure available or if one can be established.
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 Diablo Water District is still studying sea rise in the Bay and is working with a Latinx Council to learn how to use water and conserve.
Vice Mayor Meadows reported last week he attended the MCE meeting and they are looking at raising rates. He thanked staff for the nice Oaktober event.
Councilmember Higgins reported almost $39k was raised for the Out of Darkness Walk. She also reported she attended the Seattle transportation conference and heard stories how agencies got through the pandemic and how to increase public transportation as not everyone will be able to afford an electric vehicle. She shared she enjoyed Oaktoberfest and is looking forward to the Jingle Ball and Tree Lighting events.
Councilmember Williams reported she will attend the Tri-Delta meeting tomorrow and she did not get to attend Oaktoberfest. She thanked the City Manager for bringing brought sound to the venue for the candidate forum.
Mayor Pope reported on 11/2 there will be a Northern Waterfront economic development tour around the water, on 11/3 at 11am there will be a meeting of the East Contra Costa Managers Association and he has been appointed from the HCP; it involves any agency with influence over water.
(b) Requests for Future Agendas
Councilmember Higgins requested the safety of pedestrians and bicyclists on Empire Avenue near Wicklow by the railroad tracks be revisited at the next City Manager/Mayors meeting. She also requested recognition of outgoing Congressman McNerney. Both items received support from Mayor Pope.
Councilmember Fuller requested staff revisit a joint agreement with Brentwood for Police dispatch services. Mayor Pope supported it. He also requested staff look into having Brentwood mitigate for safety with increased traffic to Costco.
Councilmember Williams requested the Oakley Youth Advisory Council offer a report on ideas for leadership opportunities and youth activities. Councilmember Higgins supported it.
7.WORK SESSION - None
8.CLOSED SESSIONS - None
9.ADJOURN
There being no further business, the meeting was adjourned at 8:10 p.m.
Respectfully Submitted,
Libby Vreonis
City Clerk