MINUTES OF THE OAKLEY CITY COUNCIL SPECIAL MEETING
HELD NOVEMBER 15, 2022
1.CALL TO ORDER AND ROLL CALL
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 Aaron Meadows and Councilmembers Anissa Williams, George Fuller and Sue Higgins were also present.
2.PLEDGE OF ALLEGIANCE TO THE FLAG
Mayor Pope led the Pledge of Allegiance to the Flag.
3.OPENING MATTERS
3.1 Presentation of Oakley Flag to Freedom High School Football Team Mayor Pope and Councilmember Higgins presented the Oakley Flag to Coach Sims and members of the Freedom High School Football Team. Councilmember Higgins mentioned Freedom High School is within the Liberty Union High School District and the flag will provide visibility of its Oakley location.
Coach Sims thanked the Council for its support.
4.PUBLIC COMMENTS
None.
5.CONSENT CALENDAR
5.1 Adopt a Resolution to authorize execution of the Joint Community Facilities Agreement between the City of Oakley and Reclamation District 799 for Community Facilities District No. 2022-2 (Summer Lake North Maintenance Services) (Kevin Rohani, P.E., Public Works Director/City Engineer) Mayor Pope pulled item 5.1 for public comment.
Public Works Director/City Engineer Kevin Rohani presented the staff report.
Paul Seger provided public comment emphasizing that the area is within a FEMA flood plain/flood hazard zone that can result in loss of life.
Mr. Rohani explained that these levees go through FEMA certification like other subdivisions in the area and there is an extensive design and review process.
Mayor Pope inquired what the standard is for the levee.
Mr. Rohani responded the standard is 100 years flooding. He mentioned the design is coordinated with other agencies and undergoes extensive review that takes a long time, almost 2 years with this development. He shared the levee was built 1 year ago and has been through a geotechnical inspection and now it goes to FEMA to certify which can take several months.
Councilmember Fuller inquired how FEMA has become involved with setting standards and how it developed its standards.
Mr. Rohani indicated FEMA has its own standards and processes and all agencies must adhere to it. He shared that the Army Corps of Engineers and Reclamation District 799 collaborated for this project. He mentioned levee construction is one of the most exhaustive reviews in their line of work.
Councilmember Fuller inquired if there are any others that fit within the flood plain.
Mr. Rohani shared there are dry levees (not in contact with water) at Emerson Ranch, on the Gilbert property and at Cypress Grove. He mentioned this is also a dry levee.
Councilmember Williams inquired if the construction schedule begins once levees are certified.
Mr. Rohani commented they estimate 6 months before FEMA approval of the levees then building permits can be pulled and housing construction can begin. He indicated it will likely be the year after next before the area is habitable and it will be the largest subdivision in Oakley.
Vice Mayor Meadows inquired if homeowners will be required to have flood insurance.
Mr. Rohani explained property owners are not required to have flood insurance; it is their choice.
It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to adopt the resolution. Motion was unanimous and so ordered. (5-0)
5.2 Consideration of a Resolution Approving an Amendment to the City of Oakley Fiscal Year 2022/2023 Budget to Appropriate $80,000 of Community Development Block Grant (CBDG) Funds to Complete Capital Improvement Project Number 288 (Kevin Rohani, P.E., Public Works Director/City Engineer) It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to adopt the resolution. Motion was unanimous and so ordered. (5-0)
6.PUBLIC HEARINGS
6.1 Approve the Formation of the City of Oakley Community Facilities District No. 2022-2 (Summer Lake North Maintenance Services), hold a Public Hearing and Special Landowner Election, Declare the Results of the Election and Introduce an Ordinance to Levy a Special Tax for Community Facilities District No. 2022- 2 (Summer Lake North Maintenance Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Mayor Pope announced this is the time and place for the public hearing for Community Facilities District No. 2022-2 (Summer Lake North Maintenance Services). He inquired if there are any property owners or registered voters in the District who wish to file written protests.
There being none, he opened the public hearing.
Public Works Director/City Engineer Kevin Rohani presented the staff report.
Mayor Pope called for comments, questions, and protests from the audience.
Paul Seger commented that Diablo Water District had the General Manager for Reclamation District 799 present at its last meeting, and he voiced concern that the 100-year levee would not be sufficient. He commented when the development started in early 2000, the Specific Plan mentioned residents would be protected by a 300-year levee and now they are being told a 100-year levee. He inquired where and when the 300-year levee went and why sea level rise was not added in the 2021 addendum.
Mr. Rohani commented since the project started several years ago there has been extensive review and the FEMA design standard is 100 years. He shared that the General Manager of Reclamation District 799 has been in constant coordination with City staff and there has been no mention of any concern with the 100-year standard.
Councilmember Fuller inquired if there is scientific data for what can occur in 300- years or 500 years.
Mr. Rohani explained there are electronic hydraulic models for 300, 500 and 1,000 years; it theoretically could happen, but the standard applicable today is the federal standard used by FEMA.
Councilmember Fuller commented they can predict with concrete evidence if there is a flood within 100 years and it is hypothetical if longer.
Mr. Rohani confirmed that is correct. He added models can be run for flood, earthquakes, etc.
Councilmember Williams inquired why it changed in the Specific Plan.
City Attorney Derek Cole mentioned there were stray references to super levees in the Specific Plan; they were mentioned but not legally required. He shared they looked extensively at it and the entitlements issued to developers were with 100-year standards.
Councilmember Fuller requested clarification regarding stray references. He inquired if those were outliers.
Mr. Cole confirmed that is correct.
Mayor Pope commented that Section 5.5 on Flood Control in the Specific Plan mentions nothing of 300- or 500-year standards; it says it must be built to FEMA standards.
Mr. Cole commented there was a 2007 state law (Urban Level of Flood Protection Criteria) that held levees to that standard, but it was a measurement standard; therefore, there is mention of it, but it didn’t apply to the developer because of the number of people and homes in the area.
Mayor Pope closed the public hearing and the Council considered adopting the Resolution of Formation of Community Facilities District which will establish the District and the Resolution Calling Special Landowner Election for Community Facilities District which will call for the property owner vote to approve the special tax and the appropriations limit for the District.
It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to adopt the Resolution of Formation of Community Facilities District. Motion was unanimous and so ordered. (5-0)
It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to adopt the Resolution Calling Special Landowner Election for Community Facilities District. Motion was unanimous and so ordered. (5-0)
Mayor Pope requested the City Clerk announce the result of the property owner vote.
City Clerk Libby Vreonis announced the property owner vote is in favor of the levy of the special taxes and establishment of the appropriations limit.
Mayor Pope announced the record shows at least 2/3 of the property owner votes are in favor of the levy of the special taxes and establishment of the appropriations limit.
Mayor Pope announced the Council will consider a Resolution Declaring Results of Special Landowner Election and Directing Recording of Notice of Special Tax Lien which will declare the results of the election and direct the City Clerk to record a Notice of Special Tax Lien and introduction of an ordinance levying the special taxes in the District, and after the ordinance is introduced, it will be considered for adoption at the December 13, 2022 meeting.
It was moved by Vice Mayor Meadows and seconded by Councilmember Fuller to adopt the Resolution Declaring Results of Special Landowner Election and Directing Recording of Notice of Special Tax Lien. Motion was unanimous and so ordered. (5-0)
It was moved by Vice Mayor Meadows and seconded by Councilmember Higgins to waive the first reading and introduce an Ordinance of the City of Oakley Levying Special Tax. Motion was unanimous and so ordered. (5-0)
7.CLOSED SESSION
Mayor Pope announced the closed session item.
7.1 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Schaefer, et al. v. City of Oakley, et al.
8.ADJOURN
There being no further business, the meeting was adjourned at 7:45 p.m.
Respectfully submitted,
Libby Vreonis
City Clerk