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 Oakley Public Financing Authority Meeting held
February 28, 2023
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 6:30pm 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 (Bella, Evelyn and Sofia - Cadette Girl Scout Troop 33790)
Bella and Evelyn with Cadette Girl Scout Troop led the Pledge of Allegiance. Sofia was absent. 2) PUBLIC COMMENTS
Gretchen Gandy, Principal at Orchard Park School commented that parents have contacted her to express concern regarding a possible cannabis farm within walking distance of the school.
She expressed that she hopes it is still in consideration. She shared it is not good placement as there are already pressures on teens regarding drugs and the school having students TK-8th grades.
Lindsay Wisely, Director of Secondary Schools in Antioch, expressed concerned about the cannabis farm being close to Orchard Park School, indicating she has received numerous complaints from parents about it.
Carol Manning commented against the proposed Continente cultivation project. She mentioned in 2017, the City took action to prohibit the sale and cultivation of marijuana and she would like to know why the City is considering changing it now. She asked why not continue to lead with other cities rejecting it. She also asked what regard is given to the surrounding residents and school. She mentioned this is for profit. She discussed the dangers of cultivation facilities, i.e., San Leandro shoot out, multiple lawsuits regarding odors of indoor facilities, THC impacts, Colorado crime/vehicular accidents, biohazard to surrounding neighborhoods/school if fire, unsafe for first responders, drought-water usage, toxins detrimental to the environment; allergies/asthma, dangers of compounds released, etc. She mentioned it is federally illegal, with cash there is more risk of crime incidents, and tax revenue ends up paying for issues caused by grows.
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 January 10, 2023 (Libby Vreonis, City Clerk)
3.2 Approve Minutes from the Special City Council Meeting held February 14, 2023 (Libby Vreonis, City Clerk)
3.3 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting Held February 14, 2023 (Libby Vreonis, City Clerk)
3.4 Accept Report Out of Closed Session Memoranda (Derek Cole, City Attorney)
3.5 Waive the 2nd Reading and Adopt an Ordinance Adding Section 2.1.003 to and Amending Section 2.1.005 of the Oakley Municipal Code Concerning the Annual Selection of Mayor and Vice Mayor Following the Implementation of By-District Elections (Derek Cole, City Attorney)
3.6 Award of Construction Contract to TGN Build, Inc. for the construction of the City Hall Human Resources Department Remodeling Project - Capital Improvement Project (CIP) Number 290 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.7 Approval of the Final Map for Subdivision 9311 (Located east of Jersey Island Road, west of Bethel Island Road and south of Dutch Slough Road) (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.8 Approval of Contract Amendment Number 2 with Park Engineering, Inc. for OnCall Consulting Services Related to Construction Management and Inspection Services for Fiscal Year 2022/23 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.9 Approval of Contract Amendment Number 1 with HMH Engineers, Inc. for On-Call Consulting Services Related to Development Engineering Support Services for Fiscal Year 2022/23 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.10 Approval of Contract Amendment Number 1 with BSK Associates for On-Call Consulting Services Related to Materials Testing and Inspection of Private Development Projects for Fiscal Year 2022/23 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.11 Approval of Contract Amendment Number 1 with F. J. Kennedy and Associates, Inc. for On-Call Consulting Services Related to Clean Water Program Services for Fiscal Year 2022/23 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.12 Adopt A Resolution Terminating the Declaration of an Emergency Affecting the Public Health and Safety Due to the Novel Coronavirus (COVID-19) Pandemic (Derek Cole, City Attorney)
3.13 Adopt a Resolution to Appoint 2 Members to the Planning Commission and Change Planning Commissioner Leonard Price’s Initial 2-Year Appointment to 4- Years (Brent Smith, Community Development Director)
Councilmember Shaw requested item 3.1 be pulled.
Councilmember Fuller requested item 3.13 be pulled.
No public comments were submitted.
It was moved by Councilmember Fuller and seconded by Vice Mayor Williams to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0) Item 3.1
Councilmember Shaw commented that she did not make statements mentioned by Councilmember Fuller during the last meeting regarding item 7.1 on the January 10, 2023 meeting agenda.
Councilmember Fuller mentioned with he and Councilmember Shaw seated on opposite ends of the dais, it is sometimes hard for him to hear her if the sound is not picked up on the microphone when she is speaking; however, in listening to the video, it does appear correct.
No public comments were submitted.
It was moved by Councilmember Fuller and seconded by Councilmember Shaw to approve item
3.1. Motion was unanimous and so ordered. (5-0)
Item 3.13
Councilmember Fuller expressed he would prefer Jeanne Krieg to be in a 4-year term, Jimmy Ramirez in a 2-year term, and Leonard Price remain in a 2-year term.
No public comments were submitted.
Councilmember Shaw expressed she is in favor of Leonard Price to be in a 4-year term as he has already attended training and has been seated longer.
It was moved by Councilmember Fuller to adopt the resolution reflecting Jeanne Krieg to be in a 4-year term, Leonard Price in a 2-year term and Jimmy Ramirez in a 2-year term. The motion died for lack of a second.
It was moved by Councilmember Shaw and seconded by Vice Mayor Williams to adopt the resolution as written, with Leonard Price in a 4-year term, Jeanne Krieg in a 2-year term and Jimmy Ramirez in a 2-year term. Motion was unanimous and so ordered. (5-0) 4) PUBLIC HEARINGS
None.
5) REGULAR CALENDAR
5.1 Consideration of a Resolution Approving the Fiscal Year 2022/2023 Mid-Year Budget Review and Adopting its Recommendations for Revising the Fiscal Year Operating and Capital Budgets (Tim Przybyla, Finance Director) Finance Director Tim Przybyla provided the staff report and PowerPoint presentation with proposed typo corrections.
No public comments were submitted.
Mayor Meadows mentioned there is currently authorization for 40 Police officers. He proposed the City over hire by 2-3 officers to ensure backfill for officers that may be on workers comp or not long-term.
Councilmember Fuller requested clarification if Mayor Meadows is proposing to over hire by 2 officers or by 3 officers.
Mayor Meadows indicated he would like staff’s perspective as they are familiar with the workers comp cases and know who may exit in the next 2-6 months.
Councilmember Fuller requested the cost of 3 over hires and its impact on budget.
City Manager Joshua McMurray indicated the impact on budget would be significant, approximately $200k-$250k per officer, depending on level of experience. He indicated a work session will be scheduled either March 28 or April 11 to discuss staffing, dispatch and mutual aid.
Councilmember Fuller commented the City Manager has flexibility to move items around to make necessary hiring and budget adjustments.
Mr. McMurray indicated he has that flexibility with allocated positions that are budgeted.
Mayor Meadows added that Mr. McMurray currently has flexibility up to 40 officers.
Councilmember Henderson supported overstaffing. He mentioned with the timeline of the budget, they can make it all work and it will be important to get a report for the needs of facilities and equipment at the same time so they are looking at the whole picture.
Mayor Meadows agreed.
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 Adopt five separate Resolutions approving the update to the City’s Personnel Rules, approving the Administrative Regulation Policy, approving the Compensation and Benefits for General Staff, approving the Compensation and Benefits for Police Management, and approving a side letter to the MOU between the City of Oakley and the Oakley Police Officers Association (Jeri Tejeda, Human Resources Director)
Human Resources Director Jeri Tejeda provided the staff report and PowerPoint presentation.
Councilmember Shaw inquired if bilingual pay includes sign language.
Ms. Tejeda confirmed bilingual pay includes sign language.
Councilmember Fuller commented the City has a strong harassment policy. He requested confirmation that not only can a person report to a supervisor, but if a supervisor perceives harassment is taking place, the supervisor is expected to take action whether there has been a complaint made or not.
Ms. Tejeda confirmed that is correct; if the supervisor witnesses something, they should take it to Human Resources.
Councilmember Fuller requested clarification if it includes any harassment visually perceived.
Ms. Tejeda confirmed that is correct.
Councilmember Fuller mentioned page 52, section 6.3, indicates the City Manager selects the hearing officer. He suggested the hearing officer be selected by mutual agreement of the City Manager and grievant to take away any potential taint.
Ms. Tejeda mentioned the City Manager would only be allowed to select the hearing officer if not part of a grievance; it would probably go to Human Resources or the City Attorney to select if the City Manager is involved. She added that staff is working with a labor attorney with Liebert Cassidy Whitmore and this has been recommended as best practices as this is what is done in other cities, but she is open to hear any suggestions.
Councilmember Henderson expressed appreciation for staff looking at common practices of other agencies to provide a comprehensive update.
It was moved by Councilmember Henderson and seconded by Vice Mayor Williams to adopt the five resolutions. Motion was unanimous and so ordered. (5-0)
5.3 Adopt a Resolution authorizing the creation of a Citywide Retail & Industrial Revitalization Grant Program (Joshua McMurray, City Manager) City Manager Joshua McMurray presented the staff report.
Economic Development Analyst Harumi Murata provided a PowerPoint presentation.
Mr. McMurray mentioned staff appreciates the support of the Council, the allocation of funds shows an investment in the community, the program is beneficial to economic developmentattracting new business and retaining and expanding existing businesses, and they have tried to make the program as straightforward for both the applicant and staff. He mentioned recommends to adopt the resolution and for the 2014 program to be closed. He indicated staff will talk to the 3 businesses that are part of the old program to see if they can expedite loan forgiveness on the piece that is forgivable as the improvements have already been made and those businesses are operational and quite successful, and restructure the remaining loan payments to a yearly payment to simplify tracking by staff.
Vice Mayor Williams expressed she loves the program. She inquired about the sustainability of the program. She mentioned currently, 10 to 14 businesses could participate, depending on how much they apply for. She inquired how more businesses can participate.
Mr. McMurray responded it is a policy decision of the Council when staff proposes budget. He mentioned they will see how the program goes and staff will be aggressively talking to existing businesses and using attraction efforts to make sure the program is successful and if it is, staff will request additional funds for future years.
Vice Mayor Williams mentioned Mayor Meadows commented only 3 businesses applied previously but administration of it was clunky; she would like staff to focus on publishing and publicizing it.
Mayor Meadows commented it was only the Downtown last time.
Vice Mayor Williams inquired if staff has any quantifiable idea of the revenue the facade improvement brought into the City.
Mr. McMurray mentioned it is tough to quantify; the City is not looking to make money, but rather bring new investment into the City for long-term benefits, i.e., as sales tax, property tax, job growth, etc.
Vice Mayor Williams inquired if Skipolini’s and the other two businesses wouldn’t have come without the benefit of this program.
Mr. McMurray responded that the three established their businesses in part because of that program.
No public comments were submitted.
Councilmember Shaw commended the City to reach out to the 3 businesses and close it and hopefully move them to this program. She mentioned the businesses survived COVID and going from 50/50 to 80/20 would be great; it gives them an opportunity if they pay off quickly to apply for more. She indicated it helps the businesses here and helps to attract new businesses.
It was moved by Vice Mayor Williams and seconded by Councilmember Shaw to adopt the resolution. Motion was unanimous and so ordered. (5-0)
5.4 Appropriating American Rescue Plan Act (ARPA) funds for Recreation Classes, to establish a Tourism Fund and funding related to the Oakley Senior Citizens Club (Joshua McMurray, City Manager)
City Manager Joshua McMurray presented the staff report. He mentioned the first allocation is for $60k to provide free classes to Oakley youth.
Recreation Director Lindsey Bruno provided a report. She mentioned a presentation was provided earlier this year from the Oakley Youth Advisory Council (OYAC) to the Council during which they suggested to engage youth and since summer is when youth typically have the most free time to engage, if the allocation is approved, staff will include information in the Summer Recreation Guide regarding free classes available by registering in person. She shared that last year a free week of summer camp was offered and because it was closer to the deadline, staff didn’t advertise; however they filled up summer camp with about half of registrants using the free week of camp. She mentioned this year, registrants can have a week of free summer camp and a free class, i.e., karate or skateboarding.
Mr. McMurray mentioned the second allocation is $300k for a tourism fund to attract locals and visitors to access the Delta. He shared that the Council included in the City’s Specific Plan to attract people to the Delta and grow its brand, with more focused effort on the Delta for recreation sport and fishing. He mentioned the City will look at long-term funding through TOT tax which is common in other cities and staff will bring an item back to Council with its findings.
Mr. McMurray indicated the Oakley Seniors have requested $20k to assist with financial difficulties. He shared staff has been meeting with the Oakley Seniors for about a month discussing their funding deficiencies and providing potential resources. He indicated if the allocation is approved, staff will structure up to $20k to be used in a calendar year with funds available for reimbursement (providing invoices and receipts) due April 1st, He mentioned staff will also require the Oakley Seniors to provide an update to the Council on May 16th to share how they have used ARPA funding along with their plan how they will be successful, sustainable and financially independent.
Online Public Comment
Claudia Correia commented as a member of the Oakley Senior Center. She shared resources the center provides, i.e., classes, hot meals and food donations. She mentioned other organizations use the building as well. She requested the support of the City so the center does not close.
Kyle Correia requested to speak on behalf of the senior center and his mother, Claudia Correia.
Public Comment
Mr. Correia shared he is a first responder and was previously assigned to a social service unit in Alameda County which has been disbanded and he sees this situation to be similar. He mentioned social services played a massive but not widely known part in the community, creating positive momentum, but due to a misunderstanding of what positive production is, the Board of Supervisors defunded the unit. He expressed that officials were not involved in daily operations and did not see the impact the unit had on lives; they only referred to the financial cost on paper. He shared that with the unit being disbanded, it has created problems in the community resulting in more spending on resources to resolve issues. He mentioned everyone has a part to play in the Senior Center in Oakley, sometimes seniors have only few tasks to look forward to each day, and elders are a large part of the Oakley community. He asked the Council to consider the lives that will be impacted and to invest in the future, invest in the community, and invest in Oakley.
Councilmember Shaw inquired if the Seniors would be able to come in with a proposal that is not a reimbursement if they find a good funding source.
Mr. McMurray mentioned the City approved nonprofit grants last year so they could’ve applied.
He expressed it is possible but they need to have a plan how to become financially sustainable.
Councilmember Fuller thanked Ms. Bruno for having the registration waived on classes; there are a number of children impacted because of the income of their parents. He expressed he is glad to see the City is providing guidance so the City has a solid senior center that is offering many services.
Vice Mayor Williams inquired if they approve funding but need to make changes to any of these items because their accounting may not make it through if they can they adjust it.
Mr. McMurray indicated if it is the desire of the Council to do so, then yes.
Councilmember Shaw expressed the Seniors and Recreation classes are great and she is excited and fully supports bringing waterfront tourism.
Mayor Meadows expressed support for all three proposed allocations. He mentioned the Senior Center needs to do a lot of work for its plan and finances, the other organizations using the facility need to help carry the weight and pay rent for use of space. He inquired if the City's lease with the Seniors allows for subleasing and if so, if subtenants have insurance that meet City standards.
Mr. McMurray commented that the current lease agreement doesn’t allow for subleases, but it can be amended and he has instructed them to do that. He mentioned he is not aware they sublease but would hope if they do they have insurance. He added that some groups such as the Veterans and Community Gardens have insurance and they assume 4-H has insurance, but they are not certain of the square dancing group.
Ms. Bruno mentioned during her meeting with the Seniors, they mentioned programs using space are providing insurance and naming the Seniors on their insurance; however, she is not aware if the insurance meets City standards.
Mayor Meadows commented they should be adding the City as an additional insured.
Ms. Bruno shared that staff did offer to share the City’s rental agreements with the Seniors so they can have an idea of the fee structure, forms and policies.
It was moved by Vice Mayor Williams and seconded by Councilmember Fuller to approve the appropriation of funds. Motion was unanimous and so ordered. (5-0) 6) REPORTS
6.1 CITY MANAGER
(a) City Manager
None.
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 Shaw reported she attended an Ironhouse Sanitary District (ISD) Board meeting on February 21st where the Board voted to approve the First Implementation Agreement to the Partner Agreement between ISD and Montezuma Water regarding Jersey Island and they are talking about entering a Memorandum of Understanding with the City of Oakley. She mentioned an ISD special meeting was held on February 7th that provides a lot more detail. She also reported she attended the Oakley Police Awards Ceremony held February 22nd honoring officers and their families, and the Tri-Delta Transit Board meeting on February 22nd which she will let the Chair report on.
Vice Mayor Williams reported that after the last Council meeting, she met with the Oakley Seniors to learn more about the importance of the Senior Center; it is not just assisting seniors but others that may receive their only hot meal of day there. She mentioned they expressed issues with transportation for people to get to the Senior Center, so she worked with Tri-Delta and the County to get transportation vouchers issued by Tri-Delta of which the County reimburses Tri-Delta beginning March 1st. She mentioned she is also working with people to help them write grants and explore other options for funding. She also reported she attended the Tri-Delta Board meeting and there was a reduction for the BART feeder bus; a committee is being formed for better solutions. She mentioned Tri-Delta and other small operators went to the Capitol to rally for funding, there is a one-seat trial project where there is no transfer which is important for people with mobility concerns, and weekends and holidays and better access to underserved areas have been added to Tri MyRide.
Councilmember Henderson reported he also attended the ceremony for Police, he attended the Diablo Water Board meeting on February 22nd and has nothing to report, and yesterday the East Contra Costa Habitat Conservancy had its meeting, and its meetings will be live beginning in April and they will be using the Brentwood Chambers for the first couple of meetings.
Mayor Meadows reported he also attended the Police ceremony, the Contra Costa Transportation Authority meeting this month, and a special ECCRFA meeting to reprioritize the Sand Creek Road extension above James Donlon Blvd.; one developer will get reimbursed now for the work they have done to Sand Creek and as Sand Creek progresses, the others will get reimbursed.
(b) Requests for Future Agendas
Councilmember Fuller requested to review whether to call forward any legislation to the City Council directly (passing the Planning Commission) regarding cannabis. He mentioned he believes it should go to the voters. There was no support for the request.
Councilmember Shaw requested to consider a resolution in opposition of the California Business Roundtable Ballot Measure also known as the Taxpayer Protection and Government Accountability Act. The request was supported by Vice Mayor Williams.
Vice Mayor Williams requested a review of the CalCities’ report on Council pay which indicates pay may be limiting candidates’ ability to run for office. The request was supported by Councilmember Shaw with the condition it is looked at on a regular basis.
Councilmember Fuller commented he understands there is only a limited time when Council salary can be discussed, after an election.
Mr. McMurray indicated staff will look into it.
7) WORK SESSIONS
8) CLOSED SESSION
Mayor Meadows announced the three closed session items.
8.1 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
O’Hara Properties, LLC. v. City of Oakley et al., Contra Costa Sup. Ct. Case No.
N22-0924
City Attorney Derek Cole reported that the City Council gave direction to staff to publicly notice the McDonald’s and Quick Quack applications that are the subject of this litigation for further public hearings. No other reportable action was taken.
8.2 CITY ATTORNEY PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
A performance review of the City Attorney was provided. There is no further reportable action.
8.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8
Property: 3070 Main Street, Oakley, CA, APN 037-200-010 Agency Negotiator: Joshua McMurray, City Manager
Negotiating Party: Kent A. Ipsen
Under Negotiation: Price and term of payment
Direction was provided to staff and there was no reportable action. 9) ADJOURN
There being no further business, the meeting was adjourned at 9:19 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk