MINUTES OF THE REGULAR 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 DECEMBER 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 Aaron Meadows called the meeting to order at 6:55 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Mayor Anissa Williams and Councilmembers George Fuller, Hugh Henderson and Shannon Shaw were also present.
1.2 Pledge of Allegiance to the Flag (Brianna Flores Campos, 8th Grade Student at Delta Vista Middle School)
Brianna Flores Campos led the Pledge of Allegiance to the Flag.
Item 5.2 was heard prior to updates.
1.3 Update from Contra Costa Mosquito Abatement & Vector Control District Representative (Michael Krieg)
Contra Costa Mosquito Abatement & Vector Control District Representative Michael Krieg provided an update to the City Council including information regarding the District’s background, financial stability, West Nile Virus, and the Yellow-Fever Mosquito located in Martinez this year.
Councilmember Williams inquired if mosquito fish can still be picked up at the District.
Mr. Krieg shared that for reasons of environmental control, mosquito fish can no longer be picked up at the District; however, a technician may place them in appropriate locations.
1.4 Update from Tri-Delta Transit (Jeanne Krieg and Rashidi Barnes) Jeanne Krieg shared she is retiring. She introduced Rashidi Barnes, CEO.
1.5 Presentation of Certificate of Recognition to Jeanne Krieg, Tri-Delta Transit (Mayor)
Mayor Meadows presented a Certificate of Recognition to Jeanne Krieg.
2.PUBLIC COMMENTS
None.
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 November 8, 2022 (Libby Vreonis, City Clerk)
3.2 Approve Minutes from the Special City Council Meeting held November 15, 2022 (Libby Vreonis, City Clerk)
3.3 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)
3.4 Approve 2023 Meeting Dates (Libby Vreonis, City Clerk)
3.5 Award of Construction Contract to Centerline Striping Co., Inc. for the Fiscal Year 2022/2023 Street Restriping Project – Capital Improvement Project Number 276 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.6 Award of Construction Contract to Valentine Corporation for the construction of the Cypress Grove Subdivision Pump Station Building Project – Capital Improvement Project (CIP) Number 255 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.7 Accepting the Subdivision Improvements Associated with the Gilbert Property (Delaney Park) Phase 2A Subdivision 9474 Located at the southeast corner of Golden State Parkway and Darigold Way (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.8 Accepting the remaining portion of the Subdivision Improvements Associated with the Gilbert Property (Delaney Ranch) Phase I Subdivision 9473 Located at the northeast corner of East Cypress Road and Delaney Parkway (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.9 Accepting the remaining portion of the Subdivision Improvements Associated with the Gilbert Property (Delaney Park) Phase 2B Subdivision 9481 Located at the northeast corner of Sellers Avenue and Golden State Parkway (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.10 Consideration of a Resolution Accepting the Five-Year Development Impact Fee Report and Making Required Findings (AB 1600 Annual Report) Tim Przybyla, Finance Director)
3.11 Ratify Election: Adopt Ordinance No. 16-22 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 186 within the Oakley Special Police Tax Area for Police Protection Services for the Summer Lake North project located at the northeast corner of E. Cypress Road and Bethel Island Road (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.12 Authorizing application for an exemption to the Metropolitan Transportation Commission (MTC) to designate the Contra Costa County Countywide Bicycle Advisory Committee as the City’s representative for the review of projects seeking and utilizing Transportation Development Act (TDA) Article 3 funds (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.13 Consideration and Adoption of a Resolution Requesting to the Metropolitan Transportation Commission (MTC) for the allocation of Fiscal Year 2022/2023 Transportation Development ACT (TDA) Article 3 Pedestrian/Bicycle Project Funding (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.14 Consideration of Resolution Approving a Digital Services Agreement between the City of Oakley and Buildings IOT and Authorizing the City Manager to Execute the Agreement (Tim Przybyla, Finance Director)
3.15 Adopt a Resolution Authorizing the Office of the City Clerk to Accept Claims Electronically (Libby Vreonis, City Clerk)
3.16 Approve Second Reading of Ordinance No. 17-22 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. 2022-2 (Summer Lake North Maintenance Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Councilmember Fuller requested to pull items 3.1, 3.3 and 3.4.
It was moved by Vice Mayor Williams and seconded by Councilmember Shaw to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0)
Item 3.1
Councilmember Fuller requested additional information be provided in the minutes of which the Council was provided a copy, it was made part of the meeting record, and it read as follows:
“Mayor Pope stated there was consensus among council members concerning the compensation discussions with the city manager and city attorney. Councilmember Williams said there was consensus among the councilmembers concerning salary negotiations with the city manager and city attorney. Councilmember Fuller stated he did not hear a consensus among council members regarding the issue.
Councilmember Fuller asked Ms. Fratarcangeli if she agreed there was a consensus.
Mrs. Fratarcangeli said she had a consensus. Councilmember Fuller asked what that consensus consisted of, and Ms. Fratarcangeli did not reply.
Councilmember Fuller asked Ms. Fratarcangeli if the procedure now used in salary negotiations with the City Manager and City Attorney was based on erroneous information Mr. Derek Cole received from the previous city attorney. Ms.
Fratarcangeli gave an affirmative answer. Councilmember Fuller asked Ms.
Fratarcangeli if the canons of the California State Bar required an attorney to report another attorney for misconduct if misinformation was forwarded from the original attorney. Ms. Fratarcangeli did not reply. Councilmember Fuller asked Ms.
Fratarcangeli if another attorney was aware that one attorney had received information from another attorney that was untrue and the second attorney had not reported the incident to the bar, should the third attorney report the incident of the non-reporting. Ms. Fratarcangeli did not answer.”
It was moved by Councilmember Fuller to approve the minutes with the additional information included. The motion died for lack of a second.
It was moved by Vice Mayor Williams and seconded by Councilmember Shaw to approve the minutes as written. Motion was unanimous and so ordered. (5-0) Item 3.3
Councilmember Fuller inquired if the tort was served on Tri-Delta.
City Attorney Derek Cole confirmed the claim had been filed.
Councilmember Fuller inquired if the case is Shaeffer v. City of Oakley, et al.
Mr. Cole indicated that is the nature of the case.
Councilmember Fuller inquired if it is public record.
Mr. Cole indicated the filings and lawsuit are available with the Superior Court.
Councilmember Fuller inquired why the records are public.
Mr. Cole explained pending litigation can be excluded from public record by the agency but can be obtained through the civil court unless it is sealed by the court.
Councilmember Fuller commented the case appears in the minutes. He inquired if there is a reason why it is published on the agenda.
Mr. Cole explained the City is required to.
It was moved by Councilmember Fuller and seconded by Councilmember Shaw to accept the memo. Motion was unanimous and so ordered. (5-0) Item 3.4
Councilmember Fuller expressed his preference is to have two meeting in the months of June, July and August.
Mayor Meadows requested staff explain why the schedule is proposed as it is.
City Manager Joshua McMurray explained that the second meeting in November would fall during Thanksgiving week, the second meeting in December would fall when City Hall is closed at the end of the year, and the second meeting in the months of June, July and August have not been held to accommodate vacations. He shared that the City has still been able to effectively conduct business without the second meetings and the Council still has the ability to hold a special meeting during those months is any items need to be addressed before the next regularly scheduled meeting.
Mayor Meadows inquired if it is easier to add a meeting than to cancel a meeting.
Mr. McMurray explained it is easier because there is a public expectation once it has been scheduled.
Mayor Meadows inquired how long the meeting dates have been this way.
City Attorney Derek Cole indicated it has been since 2018 or 2019.
City Clerk Libby Vreonis indicated she believes that is correct for the month of June and the other months have been this way for at least the past 14 years.
It was moved by Vice Mayor Williams and seconded by Councilmember Shaw to approve the meeting dates as presented. AYES: Henderson, Meadows, Shaw, Williams. NOES: Fuller. (4-1)
4.PUBLIC HEARINGS-None
5.REGULAR CALENDAR
5.1 Adopt a Resolution to Approve the City Council Committee Appointment List for 2023 (Libby Vreonis, City Clerk)
City Clerk Libby Vreonis presented the staff report.
It was moved by Councilmember Fuller and seconded by Councilmember Henderson to adopt the resolution. Motion was unanimous and so ordered. (5-0)
5.2 Consideration of a Resolution Accepting the Annual Comprehensive Financial Report (ACFR), Memorandum on Internal Control, Required Communications and Report on Agreed Upon Procedures for Fiscal Year 2021-2022 (Tim Przybyla, Finance Director)
Item 5.2 was heard prior to item 1.3.
Finance Director Tim Przybyla introduced Amy Meyer with Maze & Associates, Inc.
Ms. Meyer provided a report to the Council.
It was moved by Councilmember Fuller and seconded by Councilmember Henderson 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 wished everyone a Happy Holiday. He shared City Hall will be closed beginning at 11:30 a.m. on Thursday, December 15, 2022, with staff returning Tuesday, January 3rd. He mentioned some limited services will still be available and the Police department will remain open. He recognized staff for their work.
(b) Planning Commission Update
Mr. McMurray reported that with the election of Councilmembers Henderson and Shaw to the Council, there are two vacancies on the Planning Commission. He indicated the process would be similar to a previous vacancy; staff would advertise heavily for applicants, the application period would be open for 3 weeks, interviews would be held and appointments made in February, and the new Planning Commissioners would be seated in March. He mentioned two seats have been reserved for upcoming CalCities’ Planning Commission Academy to be held at the end of March.
(c) Finance Update
Finance Director Tim Przybyla reported that the City of Oakley has been named as one of the lowest risk cities in California due to its fiscally responsible nature, the city has moved funds to increase earnings, the fiscal trend is good, development fee revenues are up, and the City has taken proactive measures in placing 30% in emergency reserves plus $1 million to accommodate any potential future loss of revenues for a slowing housing market, economy or recession. He discussed pension funds and OPEB obligations.
Mayor Meadows inquired about the two cities that were lowest ranked before Oakley as the third.
Mr. Przybyla indicated he would look it up and provide him the information.
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 attended the Diablo Water District meeting and Marilyn Tiernan is now President of the Board and Members of the Board include Scott Pastor, Paul Seger, Jason Shaw, and Joe Kovalick. He mentioned they reported their investments are healthy and they are making some seismic adjustments to buildings. He shared that he learned discouraging news that even if things are back to normal with the rain and snow received this year, we will not be out of a drought.
Vice Mayor Williams reported she will attend the Tri-Delta Transit meeting tomorrow where interviews will be conducted for additional appointments, and she hopes to keep Sue Higgins on the Board. She shared she has been appointed to the CalCities’ Environmental Quality Policy Committee.
Mayor Meadows reported he attended a TRANSPLAN meeting last week, and he was moved from an alternate to a voting member for the Contra Costa Transportation Authority.
(b) Requests for Future Agendas
None.
7.WORK SESSIONS - None
8.CLOSED SESSION
Mayor Meadows announced the closed session items.
8.1 CITY ATTORNEY PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
8.2 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One potential case
8.3 CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One potential case
9.ADJOURN
There being no further business, the meeting was adjourned at 8:41 p.m.
Respectfully Submitted,
Libby Vreonis
City Clerk