Minutes of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority Meeting held
November 8, 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, George Fuller and Sue Higgins were also present.
1.2 Pledge of Allegiance to the Flag (Olamide Aderonmu, 5th Grade Student from Summer Lake Elementary School)
5 th Grade Summer Lake Elementary School student Olamide Aderonmu led the Pledge of Allegiance to the Flag.
Mayor Pope presented item 1.4 prior to item 1.3 as Congressman McNerney was in transit to the meeting.
1.3 Certificate honoring Congressman Jerry McNerney
Mayor Pope presented Congressman McNerney with a certificate of appreciation.
1.4 Presentation of Proclamations 1. Law Enforcement Records and Support Personnel Appreciation Day (Paul Beard and PD Staff)
Mayor Pope presented a proclamation to Oakley Police Records staff and Oakley Police support personnel.
Chief of Police Paul Beard recognized employees in attendance to accept the proclamation.
1.5 Restore the Delta Update (Roger Mammon)
Roger Mammon with Restore the Delta provided an update with presentation slides regarding current impacts on the Delta and the impact the Delta Reconveyance Project would have on the Delta.
2) PUBLIC COMMENTS
Bud Chaddock shared he is a member of the California Striped Bass Association and thing are getting uglier and it is sad to see things drop. He suggested preserving the Delta may need to be a bigger fight. He asked the Council to consider where are all the new homes being built are going to get water. He shared he has witnessed poaching at Marsh Creek and had a threat made on his life from poachers; along with issues of water quality, it is disheartening. He asked why there is more focus on building when we have something so precious that receives no regard or importance. He shared he has been working with fisheries since he was 13 years old and he understands the studies, the flow of water for quality of life and wildlife, and he would like to see more fight by the City and for it not to become complacent.
Donna Chaddock commented last week Mayor Pope thanked a resident for making suggestions. She shared she is here to reiterate support of development of Laurel Plaza and repeated suggestions of small businesses that would work in the Plaza such as a Peet’s Coffee, a small sandwich shop, a small grocery store, a yogurt shop, and a nail or hair salon. She commented she is still opposed to a drive-through fast food establishment or car wash. She shared she participated in the Strategic Planning sessions where the vision was to create a small town feel and big business doesn’t create that.
3) CONSENT CALENDAR
3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency and Special Public Financing Authority Meeting Held October 25, 2022 (Libby Vreonis, City Clerk)
3.2 City of Oakley Quarterly Investment Report (1st Quarter FY 2022/23) (Tim Przybyla, Finance Director)
3.3 City of Oakley as Successor Agency to the Oakley Redevelopment Agency Quarterly Investment Report (1st Quarter FY 2022/23) (Tim Przybyla, Finance Director)
3.4 Award of Construction Contract to R&R Pacific Construction, Inc. for the construction of the Downtown Gateway Plaza Roadway and Infrastructure Improvement Project-CIP 205 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.5 Agreement with Callander Associates for Landscape Architectural and Master Planning Services for the Oakley Community Regional Park Project - Capital Improvement Project Number 176 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.6 Award of Construction Contract to Mercoza for the construction of the Fiscal Year 2022/23 Curb, Gutter, & Sidewalk Repair & Replacement Project-Capital Improvement Project Number 275 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.7 Authorize the City Manager to execute an amendment to the Consulting Services Agreement with BKF Engineers, Inc. to provide Construction Support Services for the Downtown Gateway Plaza and Infrastructure Improvement Project - Capital Improvement Project Number 205 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.8 Approval of Contract Amendment Number 1 with Park Engineering, Inc. for On-Call Services Related to Construction Management and Inspection Services for Fiscal Year 2022/23 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Councilmember Williams pulled items 3.4 and 3.5 for discussion.
Councilmember Fuller pulled item 3.7 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 3.4
Councilmember Williams requested staff share what the oversight of this project will look like.
Public Works Director/City Engineer Kevin Rohani mentioned there will be a third-party peer review it and it will be transparent.
Councilmember Fuller expressed he has concerns with the project and continues to question how it will help the community. He indicated the project is said to enhance traveling and provide a gateway; however, it is highly oppressive and marginalizes people with existing socioeconomic difficulties and he is concerned about spending $4.8 mil for a gateway that may not be supported by ridership. He mentioned a tweet regarding Antioch e-BART shutting down 6:30am-9:30am daily and riders will need to take a bus to/from the Pittsburg station to catch a BART train. He mentioned he is also uncomfortable approving it until the bidding process is worked out. He expressed he would rather use this money toward a library and will not approve any future ballot measures to impose tax for a library when this money is available now.
Mr. Rohani explained the formal bid process was followed and that another bidder was the lowest bidder on the project, but an error was found in the bid calculations, so it was withdrawn. He shared he checked the bids three times and to bring a third party in to provide more assurance is above and beyond what any city is doing. He also explained that the project is more than a parking lot and gateway; there is a half mile of roadway, O’Hara gets extended, O’Hara and Main will have intersection improvements, utilities will be undergrounded, and the parking lot will provide 300 additional spaces. He mentioned it has been planned for over a decade.
Mayor Pope inquired about the cost of an added level of review.
Mr. Rohani indicated it is approximately $15k.
It was moved by Councilmember Williams and seconded by Councilmember Higgins to adopt the resolution. AYES: Higgins, Meadows, Pope, Williams. NOES: Fuller. (4-1) Item 3.5
Councilmember Williams requested assurance that if this amount is approved that the plan is going to be executed to move forward to apply for grant funding. She mentioned the park is going to be a great economic benefit and she does not want the plan stalled any further.
Mr. Rohani commented that they started this process almost 6-7 years ago and the Council and community have changed during that time and there are new perspectives.
He shared that with the new Council seated next month, it will be a good opportunity to look at it, finalize the plan and bring it back. He indicated staff will be putting a lot of emphasis on public outreach. He mentioned the site used to be an old dairy facility and 4 years ago the City spent approximately $400k to demolish dangerous structures and clear the site to make it safe until funding is secured. He mentioned the City has a new grant writer to assist in finding funding.
Councilmember Williams requested a timeline for community workshops.
Mr. Rohani responded they will be held early next year, no later than February, and there will be public outreach and engagement.
Councilmember Fuller questioned the value of the park as East Bay Regional Park District (EBRPD) has its park within 2 miles of this site and they maintain and staff it. He inquired why the City would encumber this expense. He commented he understands there is a covenant but would like staff to look at it to confirm what can or cannot be done with the property and host a work session before approving this agreement to provide the Council and public an opportunity to chime in.
City Manager Joshua McMurray mentioned there is a Strategic Plan update on the agenda tonight that addresses this project. He mentioned staff does not have answers to questions presented; however, staff will research and respond. He indicated it is at the Council’s discretion if it would like to approve or wait, and staff awaits its direction.
Councilmember Higgins commented she does not mind waiting. She expressed she wants polo fields and an equestrian park with shared uses for other sports, and she would like to see use of the old house on the property as another community event site.
She shared she sees this company’s proposal doing something like what the consultant did with the Strategic Plan—bring the public in, and she thinks that is a great idea.
Mr. Rohani commented that EBRPD and this park campus are not comparable as recreation at EBRPD is very limited; there are no full features, whereas this park is featured packed. He mentioned the #1 request the City receives in relation to parks is for soccer and baseball fields and many of the City’s basins have been converted to fields but the City doesn’t have a sports complex like found in other cities. He suggested they not get caught up in the word “regional” as the park can be named otherwise.
Mayor Pope shared the park was planned more than 12 years ago before he was on the Council. He recalled taking a tour of the property and items discussed at that time were preserving agricultural heritage, providing education, and water access. He indicated it all comes down to funding and the City needs a plan in place to request funding. He mentioned this proposal is to reach out to all stakeholders to develop a plan; this is what this Council asked for. He added that they may need to revisit ideas because ideas from then may not fit current or future Oakley, but they need active recreation. He expressed he is in favor of it.
It was moved by Councilmember Williams and seconded by Vice Mayor Meadows to adopt the resolution.
Councilmember Fuller requested to amend the motion to table the item and motion until staff can report on how the covenant affects land use.
Assistant City Attorney Elizabeth Fratarcangeli commented that sounds like an alternative motion and because there is already a motion on the table, the first motion should be heard then Councilmember Fuller’s motion.
The vote on the first motion was as follows: AYES: Higgins, Meadows, Pope, Williams.
NOES: Fuller. (4-1)
Mayor Pope called for a second on Councilmember Fuller’s motion. Being none, the motion died.
Item 3.7
Councilmember Fuller expressed concern that the City has paid hundreds of thousands of dollars to BKF Engineers and he is not willing to pay more so his vote is “no”.
Mr. Rohani commented that within 2% of the bid estimate is an extremely good deal as cities are experiencing nearer to 10-15% of bid estimates.
Councilmember Fuller inquired how much has been paid to BKF already.
Mr. Rohani did not have the exact amount but shared that approximately 6 years ago it was $250k-$300k for design and approximately 3 years ago the agreement was amended to add more work, so overall it is under $500k. He mentioned design and construction support is less than 10% of project costs.
Councilmember Fuller inquired if there is a time limit and what the City gets for the amount.
Mr. Rohani explained design has been completed; this item is staff asking for construction support, not design. He reiterated that altogether it is less than $500k.
Councilmember Fuller requested a succinct definition of construction support.
Mr. Rohani mentioned there are specific details in the staff report but generally, construction support is daily involvement during construction, especially with larger projects.
Councilmember Fuller inquired why R&R cannot provide construction support.
Mr. Rohani mentioned there would be a conflict of interest and they need checks/balances to avoid hefty bills.
Councilmember Fuller commented he will vote “no” until it is more specific.
Councilmember Higgins commented this is not design; these are people overseeing the project on the ground and staff is overseeing them, so she supports it.
It was moved by Councilmember Higgins and seconded by Councilmember Williams to adopt the resolution. AYES: Higgins, Meadows, Pope, Williams. NOES: Fuller. (4-1) 4) PUBLIC HEARINGS
None.
5) REGULAR CALENDAR
5.1 Strategic Plan SP 27+ Update (Joshua McMurray, City Manager) City Manager Joshua McMurray presented the staff report.
Councilmember Fuller expressed concern that the staff report indicates the Strategic Plan is in place for 5 years and it was his understanding at the time of adoption that the Council would be revisiting it approximately the same date in 2023 so the new Council can review it and make changes as it sees fit.
Mr. McMurray commented that the plan is to hold a visioning session in early 2023 then bring back the Strategic Plan for review. He indicated they are not planning to bring in a facilitator as before but will address any changes.
5.2 URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY
IMPOSING A MORATORIUM ON THE PERMITTING OF DRIVE-THROUGH
RESTAURANTS, CARWASHES, GAS STATIONS, AND SELF-STORAGE
FACILITIES WITHIN CITY LIMITS TO ALLOW FOR EVALUATION OF THEIR
LAND USE AND ENVIRONMENTAL IMPACTS AND THE ENACTMENT OF
FURTHER AND APPROPRIATE REGULATIONS CONCERNING THE SAME (Derek P. Cole, City Attorney)
Assistant City Attorney Elizabeth Fratarcangeli presented the staff report.
Councilmember Higgins inquired if they could make this specific to an area instead of city wide. She mentioned she would like to see development along Cypress to Summerlake, but these uses in the Laurel/Empire area are overdone.
Mrs. Fratarcangeli commented she generally would have no opposition to that, but her understanding is the analysis would affect these 4 uses as a whole, and the interim ordinance would have to relate to the analysis/study.
Councilmember Higgins inquired if they would have to limit the entire city to have a study to see the area that would be more likely not to have that type of development.
Mrs. Fratarcangeli commented the direction from staff is the study would be within city limits, but staff can take direction from the Council if that is no longer the pleasure of the Council.
Councilmember Higgins commented she remembers asking for it from Empire to Laurel to Main Street, so they don’t have an overabundance of the same development in the same area.
Mrs. Fratarcangeli commented applicants would still be coming in and staff would not be considering applicants in one area versus another; it would create an issue of preferential treatment of one area of the City whereas this ordinance would allow for more analysis.
Councilmember Higgins commented she is thinking now with the holidays it is poor timing and it will not cover the area most impacted by the same uses.
Councilmember Fuller requested if Mrs. Fratarcangeli can explain health and safety considerations.
Mrs. Fratarcangeli commented she may not be the best person to explain environmental issues, but generally they would consider EIR, traffic, density, etc.
Councilmember Fuller commented if they were to say because of safety conditions in schools, environmental conditions around homes, traffic conditions, etc. that it could be a dangerous condition.
Mrs. Fratarcangeli mentioned that it could require more study.
Councilmember Fuller commented the moratorium covers stopping all construction in the City to address certain areas in the City and go over the zoning situation.
No public comments were submitted.
Councilmember Fuller commented Councilmember Higgins was not present at the meeting when the topic was brought up. He explained the moratorium was requested because the issue has gone on too long, leaving it open for potential more land uses, which is disrespectful for the community because they expect it to come back. He shared the City Attorney stated he needs more time for review; this is an opportunity to implement a moratorium until staff returns with a zoning ordinance because right now it is in limbo.
It was moved by Councilmember Fuller and seconded by Councilmember Higgins to adopt the urgency ordinance. The urgency ordinance failed to pass for lack of 4/5 vote.
AYES: Fuller, Higgins, Williams. NOES: Meadows, Pope. (3-2) 6) REPORTS
6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray announced a Special City Council Meeting will be held November 15 at 6:30 p.m. in the Oakley City Council Chambers and the annual tree lighting event will be held Saturday, December 3, beginning with activities at 4:00 p.m. and the tree lighting at 6:00 p.m. He wished everyone a Happy Thanksgiving.
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 thanked the candidates running for City Council. He reported Diablo Water District will swear in its new Board tomorrow.
Vice Mayor Meadows congratulated staff, especially Finance, for the State award the City received for being highly rated in financial reporting.
Mayor Pope suggested staff explain so everyone knows what the award is that Councilmember Fuller is referring to.
Finance Director Tim Przybyla shared that Oakley scored 98.38% out of 100 in California’s high-risk evaluation, coming in 3rd from the bottom, due to the City’s conservative fiscal nature.
Councilmember Higgins thanked Oakley Police, Antioch Police and all agencies involved in the Alexis Gabe case. She shared a candlelight vigil will be held for Alexis on December 9 at 7 p.m. near the holiday tree in Civic Center Plaza.
Councilmember Williams reported Tri-Delta Transit had a meeting and it will be expanding its relationship with Amazon in Oakley; Amazon has requested transit options and Tri-Delta will be responding by testing a ‘Try My Ride’ route. She announced the member at-large position interviews with Tri-Delta will be considered during its next meeting to be held December 14.
Mayor Pope reported he attended the East Contra Costa Water Managers Association meeting at Big Break last week and he appreciates the willingness to cooperate to work together in this region to address issues. He shared they discussed having more frequent meetings of staff and full board meetings to take more contemporaneous action and be more proactive.
(b) Requests for Future Agendas
Councilmember Fuller requested a closed session item for December 13 for a City Attorney performance review. It was supported by Vice Mayor Meadows.
Councilmember Fuller requested a report on filling vacancies on the Planning Commission should current Commissioners be elected to the City Council. Mr.
McMurray shared he can provide a memo to the Council regarding the process.
Councilmember Fuller thanked staff for checking all CUPs at Cypress and Sellers.
Councilmember Fuller requested a formal report on the financial award the City received that Mr. Przybyla described earlier. Mr. McMurray indicated there will be a Finance update in January and it can be included.
Councilmember Fuller announced Oakley now has a flag. Mr. McMurray explained it was prompted by Freedom High School’s football team needing a flag to run on the field with so it has been created and will be presented during an upcoming meeting. 7) WORK SESSIONS
7.1 Process for Review of City Manager Compensation (Derek P. Cole, City Attorney)
Assistant City Attorney Elizabeth Fratarcangeli presented the staff report.
Councilmember Fuller expressed concern regarding the current process for review of the City Manager compensation in that there is no discussion with the Council before the ad hoc committee met with the City Manager and no direction provided by the Council, yet a new contract was negotiated. He indicated the entire package for City Manager or City Attorney should be discussed in closed session and direction given to the Mayor for discussion with the City Manager or City Attorney then discussed again with the Council in closed session, then presented to public.
Councilmember Higgins clarified a comment made earlier by Councilmember Fuller regarding e-BART service in the mornings. She mentioned there was a staffing issue only today and there will be e-BART in the mornings in Antioch; there is no permanent disruption of service. She commented ad hoc committees are good, but she would prefer meeting with the ad hoc committee prior to the vote being taken.
Vice Mayor Meadows expressed he is okay with meeting in closed session to discuss, but instead of the Mayor meeting with City Manager, have the Mayor and Vice Mayor meet with the City Manager.
Councilmember Williams mentioned the timing here was an issue; for all five Councilmembers to meet would have been a Brown Act violation if not properly agendized; with the ad hoc committee they can get it on books. She mentioned ad hoc committees provide efficiencies but should be clear they are speaking on behalf of the entire Council. She suggested staff work out timing for it to be on closed session. She mentioned the Mayor and Vice Mayor should be involved in negotiations.
Mayor Pope commented Councilmember Fuller is describing exactly how it is done now.
Councilmember Fuller expressed concern that he was never contacted regarding the City Manager and City Attorney. He suggested the Council should meet with the Mayor and Vice Mayor and provide direction, the Mayor and Vice Mayor should then meet with the City Manager and City Attorney and return to the Council until there is consensus, then it should go to the public.
Mrs. Fratarcangeli commented that it doesn’t change the current process in place, but it may change whether the entire Council is part of the performance evaluation and also provide another agendized closed session for compensation adjustments only that is generally discussed during the performance evaluation closed session, but she believes Councilmember Fuller is requesting another closed session for compensation adjustments only.
Councilmember Fuller added that the Council should agree as a whole to the performance evaluation and compensation then agendize it.
Mrs. Fratarcangeli mentioned the employment agreement must be introduced in public session and the Council can express any issues with negotiations.
Councilmember Fuller indicated it was an ad hoc committee that gave the former City Manager a loan and he wants more structure.
Councilmember Williams commented this work session is specific to City Manager compensation and the ad hoc committee referenced is not specific to this topic; it can be brought back as a separate item.
Councilmember Fuller commented that the newly elected should be involved in the selection of the City Manager and City Attorney.
Mayor Pope commented he thinks they agree.
Mrs. Fratarcangeli mentioned no action is required; she would only prefer consensus to have direction.
8) CLOSED SESSION
9) ADJOURN
Mayor Pope announced the next City Council meeting will be a special meeting held November 15 at 6:30 p.m.
There being no further business, the meeting was adjourned at 8:36 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk