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 March 14, 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 6:30 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Councilmembers George Fuller, Hugh Henderson and Shannon Shaw were present. Vice Mayor Williams joined remotely.
1.2 Pledge of Allegiance to the Flag (Boy Scout Troop 152) Troop 152 led the Pledge of Allegiance to the Flag.
1.3 Proclamation Recognizing March as American Red Cross Month and Presentation by Brian Oftedal, Red Cross Volunteer, Member of the Red Cross Contra Costa Leadership Council and Fire Commissioner with ConFire Mayor Meadows presented the proclamation to Fire Commissioner Brian Oftedal who accepted on behalf of the American Red Cross.
Commissioner Oftedal thanked the Council and mentioned the proclamation highlights the activities the Red Cross and its community partners performed in 2022, and they are looking to build their capacity. He announced there will be a Sound the Alarm event in Brentwood coming soon and anyone is welcome to contact him if they would like more information or if they have any questions.
1.4 Ironhouse Sanitary District Update (General Manager, Chad Davisson) Ironhouse Sanitary District (ISD) General Manager Chad Davisson provided a PowerPoint presentation and discussed a joint recycled water project with Diablo Water District (DWD), ISD wet weather management impacts and storm response, Oakley Logistics Center status update, dry vac biosolids dewatering technology, Jersey Island operational changes and planning, and the Jersey Island New Land Use and Development Concept.
Councilmember Shaw commented that she attended the ISD meeting when the Board was discussing weather and storm response, she heard directly what department heads were saying, and she appreciates all the work the ISD staff did during the storms.
Vice Mayor Williams inquired if Bethel Island residents are part of the rate payers included in the $300k cost of storm impacts to the District.
Mr. Davisson mentioned they are part of the rate payers and to clarify, there will be no direct increase to rate payers; this was an unbudgeted expense that draws down District reserves.
Mayor Meadows inquired if the County helped to respond to the issues during the storm in Bethel Island.
Mr. Davisson indicated the County did not provide assistance with sewer issues, but he could not say whether the County may have responded to other issues such as clearing ditches because the District was occupied with responding to its own immediate issues.
Mayor Meadows inquired if there is purple pipe in the Cypress corridor.
Mr. Davisson confirmed purple pipe infrastructure exists, but it is currently being fed well water. He indicated at the time when a connection can be made, the infrastructure is there, and they will be able to convert well water to recycled water.
Mayor Meadows inquired if ISD and DWD are moving in that direction.
Mr. Davisson indicated they are looking at those opportunities as well as what could be the greatest use of recycled water, and what is economically feasible.
Mayor Meadows requested information regarding the progress of studies on treatment of water for light-industrial areas.
Mr. Davisson mentioned ISD is completing a local limit study. He explained this is the first time an industrial corridor is being developed and industrial wastewater is much different than residential; pollutants must be pre-treated prior to discharge and for ISD to have legal authority to impose limits on discharge, it must have a justifiable basis for limits. He mentioned the study is only good for a period of time so they did not want to do the study when there was no industry but now the Oakley Logistics Center has a growing industrial sector, and they will be ready for it.
2) PUBLIC COMMENTS
Donna Chaddock applauded Chief of Police Paul Beard for his January presentation and expressed support for the Police Department. She mentioned the safety of children is the most important thing for Laurel Plaza and many residents from the community have expressed how they want to see it developed and she appreciates that their recommendations have been documented. She indicated their position has not changed; she has a vested interest because her house backs up to Laurel. She welcomed the Council to sit on her front patio where she can hear announcements from Laurel Elementary. She expressed she can’t imagine how much louder and intrusive it would be if McDonald's is in Laurel Plaza with dual drive-throughs. She mentioned she is sad that Shelly Fitzgerald was not elected because Ms. Fitzgerald didn’t take any contributions from corporations and Councilmembers should vote with integrity and make the best possible choice.
Bud Chaddock commented it is a safety issue for children walking across Laurel on their cell phone and not looking up. He applauded Shelly Fitzgerald for her presentation and for doing incredible work to take the time to look at other cities. He expressed he wishes that would happen more often to learn from mistakes made. He mentioned the pot farm near Orchard Park is not a good idea and allowing it would be to follow the lead of other cities and there is an element of crime that goes with it. He commented there were water issues and sewer issues after the storms and he commended ISD for doing something about it.
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 February 28, 2023 (Libby Vreonis, City Clerk)
3.2 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)
3.3 Creating Zone 187 within the Oakley Special Police Tax Area consisting of the Brownstone project (Subdivision 8803) located on the north side of Brownstone Road approximately 500 feet west of Main Street (APN 034-210- 009)(Kevin Rohani, P.E., Public Works Director/City Engineer)
3.4 Adopt a Resolution approving the Travel and Expense Policy (Jeri Tejeda, Human Resources Director)
Councilmember Fuller pulled item 3.4 for discussion.
No public comment was submitted.
A roll call vote was taken. It was moved by Councilmember Fuller and seconded by Councilmember Shaw to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0)
Item 3.4
Human Resource Director Jeri Tejeda presented the staff report.
Councilmember Fuller inquired if an employee is required to travel, if it would be more prudent to say, "if the City Manager determines it is in the best interest for an employee to travel" so it falls back on the City Manager if there is any issue of overspending or appropriating travel expenses properly.
City Attorney Derek Cole opined it is covered in Section 2 of the Travel and Expense Policy.
No public comment was submitted.
A roll call vote was taken. It was moved by Councilmember Fuller and seconded by Councilmember Shaw to adopt the resolution. Motion was unanimous and so ordered. (5- 0)
4) PUBLIC HEARINGS
None.
5) REGULAR CALENDAR
5.1 Adopt A Resolution Establishing the Rules for the Conduct of Meetings of the Oakley City Council (Superseding Resolution No. 10-10) (Derek Cole, City Attorney)
City Attorney Derek Cole presented the staff report.
Councilmember Fuller commented that the Council follows Robert’s Rules of Order and the Planning Commission follows Rosenberg’s Rules of Order. He inquired if they should reconcile that difference at this time.
Mr. Cole explained that Rosenberg’s Rules is the simplified version of Robert’s Rules so he is not sure that they need to do that but can.
Councilmember Fuller mentioned there is a clause in the proposed resolution that addresses if the Mayor does not want to reconcile a disruptive person in the audience, the Council may intervene and vote for how the person would be dealt with.
Mr. Cole indicated the Mayor or presiding officer or designee (a sergeant at arms) would be the person to act; the Mayor would give a warning to a person if the person became disruptive and provide the person an opportunity to cure their behavior, then if the person did not cure their behavior, the Mayor can order the person removed, best handled by law enforcement escorting the person out.
Councilmember Fuller inquired if someone says a person has gone beyond the limit and the Mayor disagrees, if a vote can be taken by the Council to remove the person.
Mr. Cole commented he believes parliamentary procedure would allow that to occur; in 13 years, it has never come close, but he has seen it happen in other cities.
Public Comment
Paul Seger commented he appreciates Councilmember Henderson’s attendance at DWD meetings and Mayor Meadow’s attention to purple pipe and issues of water; he is impressed he is learning what they are doing out there. Regarding rules of conduct, he referred to gaslighting conversation that the City used to be accused of and the rules of debate for public participation for the community to communicate with the City. He mentioned most people feel 3 minutes is the only time to express their point of view regarding any decision to be made and many times in the past they were ignored and blown off but there was some assurance it would be different with the new turn of Council.
He indicated some elected have jumped on the bandwagon now that they are on the dais to decide if they are going to listen or talk over people. He mentioned he is not talking about Mayor Meadows.
Mayor Meadows clarified that he has been paying attention to reclaimed water for decades.
Councilmember Fuller commented that there needs to be freedom of speech; however, there is a time and place to express self in a civil manner; the outbursts here have been detrimental to the well-being of City staff, creating harassment and a hostile work environment for staff. He expressed he is happy and confident with Mayor Meadows running smooth meetings. He added it is important to allow people to speak but until the Council acts, it should be said this is what I heard or I believe, not what the Council decides as that would be misleading. He compared it to an abstract at the beginning of an academic writing to disclose to the reader upfront where the author is coming from.
Vice Mayor Williams commented she does not see anything in the resolution where there is a template how things must be written.
Mr. Cole confirmed there is no template; the general rule is if the Council has taken a position, a Councilmember can’t say the Council took a different position; the Councilmember must represent what the Council actually did.
A roll call vote was taken. 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 Selection Process for Special Event Vendors (Lindsey Bruno, Recreation Manager)
Recreation Manager Lindsey Bruno presented the staff report.
Councilmember Fuller asked if Ms. Bruno would elaborate on what she means by a “true non-profit”.
Ms. Bruno responded that staff wants to ensure the non-profit applying is the same nonprofit that will be present. She shared many years ago there was a situation where a forprofit travel baseball team wanted to utilize the non-profit status of a church in another location.
Councilmember Fuller mentioned there is a procedure for obtaining and maintaining nonprofit status through government agencies and staff should verify not only non-profit status, but also that it is currently valid. He mentioned there are a couple of non-profits in Oakley that are in a precarious position of having their status suspended.
Ms. Bruno explained the current process is staff requests non-profits provide their tax ID number and staff verifies the status on through the IRS website; however, she is not certain how frequently the IRS website is updated.
Councilmember Fuller mentioned the information is public record and may involve some effort to verify non-profits and validity of their status, but it is available.
No public comments were submitted.
Vice Mayor Williams commented on the language for vendor booths, "target audience is an Oakley- based business", and the same for # 4. She expressed she understands “target audience” to be the people attending the event. She suggested separating it so it is clear that Oakley-based businesses score higher.
Ms. Bruno suggested staff could revise the language to indicate, “fits the theme of the event and target audience/is an Oakley-based non-profit…”.
Vice Mayor Williams clarified the language looks correct in the non-profit section; she is referring to the section about vendor booths.
Ms. Bruno commented staff would check to confirm the applicant has a business license as an Oakley-based business so they get priority.
A roll call vote was taken. It was moved by Councilmember Fuller and seconded by Councilmember Shaw to approve the special selection process. Motion was unanimous and so ordered. (5-0)
5.3 Authorization for the City Manager to Execute a Purchase and Sale Agreement with Juli Del Barba Favalora for the sale of the property located at 204 2nd Street (APN: 035-132-002) (Joshua McMurray, City Manager) City Manager Joshua McMurray presented the staff report.
Councilmember Fuller requested confirmation that the sales agreement indicates the property needs extra work and the City is selling it "as is".
Mr. McMurray confirmed that is correct and it has been communicated to the purchaser.
Purchaser Juli Del Barba-Favalora commented she is excited to provide a new use to the property.
Vice Mayor Williams thanked Ms. Del Barba-Favalora for taking it on as she knows she will do something magical with it.
A roll call vote was taken. It was moved by Councilmember Fuller and seconded by Vice Mayor Williams to adopt the resolution. Motion was unanimous and so ordered. (5-0)
5.4 Adopt a resolution declaring one property as "Surplus" and direct staff to provide the notices required by AB 1255 and AB 1486 (Joshua McMurray, City Manager)
City Manager Joshua McMurray presented the staff report.
No public comments were submitted.
It was moved by Vice Mayor Williams and seconded by Councilmember Henderson to adopt the resolution.
Councilmember Fuller requested an amendment to the motion for the resolution to include that the net proceeds from the sale of the property go to the development of the library in the Downtown area. The motion died for lack of a second.
A roll call vote was taken. The original motion was unanimously approved and so ordered. (5-0)
Mayor Meadows called for a brief recess at 8:09 p.m. The Council reconvened at 8:20 p.m.
6) REPORTS
6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray reported this past weekend, the Recreation Department and Oakley Youth Advisory Council held a youth employment workshop with community partners to host approximately 50 attendees to match youth with potential jobs. He announced upcoming events at the Recreation Center include a public meeting tomorrow at 5 p.m. for Contra Costa County to establish an Art Commission and Strategic Plan, a small business workshop next Thursday, 12 p.m. -1 p.m., providing an opportunity to meet business planning experts with lunch provided to persons who register and attend (the second of three workshops the City is hosting), and a community workshop on March 29th at 7 p.m. to discuss the 55-acre park.
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 Friday Night Bites on March 3rd and the next one should have a concert along with it.
Mr. McMurray mentioned the concerts will begin in May with Friday Night Bites.
Councilmember Shaw also reported she attended the swearing-in ceremony for Officer Nick Pistello. She shared she attended the East Contra County Historical Society meeting on March 12th where Doreen Forlow and Juli Del Barba-Favalora had a presentation of Oakley’s history and a display of Oakley banners they created using ARPA funds; the flags are offered to be displayed at Oakley events or anywhere Oakley residents gather.
She mentioned the Historical Society Museum will re-open April 1st through end of October on Mondays and Wednesdays.
Councilmember Fuller reported he presented to the 7th grade class at O’Hara Park Middle School’s Career Day. He also reported he attended the presentation regarding how to form and operate a non-profit; the information was exceptional and there were onsite resources available.
Vice Mayor Williams reported she is currently in Washington, D.C. attending the American Public Transportation Association’s Legislative Conference. She mentioned for every $1 local agencies spend for public transit, there is a $5 return on economic development.
She reported she and Mayor Meadows attended the small business forum as participants and they got to meet lenders which was an amazing experience; she mentioned she forgot to report on it previously, so she wanted to mention it now. She inquired if the next forum will be recorded.
City Manager Joshua McMurray commented that the next forum will be recorded.
Mayor Meadows reported he will attend the Contra Costa Transportation Authority (CCTA) meeting tomorrow and the Marin Clean Energy (MCE) meeting Thursday, the first MCE meeting he will attend live in 2 years.
(b) Requests for Future Agendas
Councilmember Fuller requested to record the 3/29 community meeting and bring all cannabis discussion directly to the City Council, bypassing the Planning Commission.
Vice Mayor Williams supported recording the 3/29 community meeting but did not support bypassing the Planning Commission regarding cannabis discussions indicating it would limit opportunity for public comment.
Councilmember Fuller requested a special election or attach to a general election for the community to vote whether to allow cannabis manufacturing and rescind the former resolution. There was no support for this item.
Vice Mayor Williams requested staff review available grant funds to continue accelerating progress on the E. Cypress corridor for pedestrian, bicycle, and public transit, making it safer for residents. She suggested a work session including public transit agencies and persons responsible for grants the City of Pittsburg obtained. This item was supported by Councilmember Shaw.
7) WORK SESSIONS
7.1 Economic Development Work Plan Update (Harumi Murata, Economic Development Analyst)
Economic Development Analyst Harumi Murata presented the staff report and introduced Vicki Doll, Principal, Chabin Concepts and Don Schjeldahl, Principal, DSG Advisors who provided a PowerPoint presentation regarding the Economic Development Work Plan Update.
Ms. Doll reviewed findings, the economic scan and project goals.
Mr. Schjeldahl discussed Oakley’s competitive landscape, its current situation, a goal for diversity and light industry, a goal for continued community investment, a goal for waterfront development, a potential light industrial park in the area where the cannabis farm is being proposed, and additional recommendations, i.e., support the MTC Northern Waterfront Initiative.
Ms. Doll shared the timeline and indicated next steps are to prepare a competitive analysis and add content to the StoryMap in April; target industries, value propositions and launch the StoryMap in May; and launch the Work Plan and Implementation Guide in June.
Councilmember Fuller inquired if there has been any thought about switching the waterfront development and what type of industry would fit into Oakley’s culture since retail is not being recommended.
Ms. Doll indicated retail is a different game; businesses won’t move until you fit in their box. She mentioned higher skilled jobs will move Oakley forward more than retail.
Councilmember Fuller inquired what attracts people to Oakley if there is a cannabis manufacturer.
Ms. Doll mentioned she is not sure if that would be a turn-off to companies.
Mr. Schjeldahl commented cannabis is a highly regulated business and he would recommend to allow cannabis, but clean it up to set the standard for what development looks like. He mentioned the focus is on jobs, not production, and with 95% of people going outside the community for work, the goal is to get people back in town to spend money.
Councilmember Fuller commented he has read the cannabis industry in California is in disarray and is concerned if someone is coming from out of state to make an assessment.
Mr. Schjeldahl explained every state that has legalized marijuana has gone through tough times but things get ironed out over time and become more stable.
Councilmember Fuller inquired if there is any solid data at this time.
Mr. Schjeldahl commented there is not.
Councilmember Fuller inquired how they would propose to include Jersey Island and the 55-acre park near the end of Sellers.
Mr. Schjeldahl commented that he sees a bigger opportunity with strong community affiliation; Jersey Island is an amazing opportunity, but it doesn’t bring community identity so something closer to town makes more sense. He mentioned the 2 marinas on the west side could work.
Councilmember Fuller commented he agrees with marketing, but it is “who and how”.
Mr. Schjeldahl mentioned it used to be “all things to all people” but now marketing is very targeted and where the City should focus its efforts and money.
Ms. Doll commented that many partners have the same target industries so it is important to send consistent messaging. She mentioned businesses feel much less risk if all agree these are the types of businesses they want because they feel they will be welcomed here.
Councilmember Henderson commented that it seems like the 2 marinas to the west are being discounted. He asked where this project tries to help those marinas rather than discounting them.
Ms. Doll commented the marinas go along with the business retention program including what they can do to introduce the business to another agency and find resources to make improvements.
Councilmember Henderson commented that the marinas are long-term family businesses and the City’s Strategic Plan focuses on the waterfront.
Mr. Schjeldahl commented that they are both in great locations but lack amenities and flexibility of programming that is required; they could be developed, but it will be a matter of finding resources.
Mayor Meadows requested their perspective on the current retail national scene.
Ms. Doll shared that she believes no one is quite sure what is going on; online demand is not going away so it throws a wrench in things to determine what is your leakage. She explained if a business is missing out on sales, it is harder to determine now. She indicated businesses want to locate where people live and want amenities. She mentioned Oakley’s Downtown and small business retail differentiate Oakley from other cities, providing unique and local experiences.
Mayor Meadows commented he has similar thoughts but likes to hear it from someone else and for everyone to hear. He mentioned Oakley needs to look at it differently; there are no big malls or car dealerships here, but there are opportunities in the Downtown. He added that River Oaks Crossing was 15-18 years ago and it is not going to happen. He mentioned he understands light industrial is what the City needs to focus on.
Mr. Schjeldahl confirmed that is correct for diversity and to draw people back into the community.
Mayor Meadows commented that he questions offices to a certain extent.
Mr. Schjeldahl commented that big box stores are a formula and when a certain number is hit, they pull the trigger, but Oakley is not there yet. He opined Oakley is doing the right thing with its Downtown, it creates a sense of community. He suggested shopping clusters could be considered for more retail as Oakley awaits population growth.
Public Comment
Bud Chaddock commented he understands Bass Pro was going to go in at one time. He mentioned Oakley has a golden opportunity to be different. He suggested ferry boats, sixpack sport fishing, restaurants near ports, fish market and boat rides as possibilities.
Mayor Meadows commented that Bass Pro didn’t want to come.
7.2 Follow Up Recommendations from Oakley Youth Council Recommendations (Lindsey Bruno, Recreation Manager)
Recreation Director Lindsey Bruno provided a PowerPoint presentation on Oakley Youth Advisory Council recommendations including a teen center, more entertainment, youth- friendly small businesses and restaurants, outdoor areas, community art, and community highlights. She mentioned the Remind app could be used to provide information to youth.
Mayor Meadows requested clarification regarding youth on Facebook.
Ms. Bruno explained Facebook is not as popular with youth as other age groups.
Councilmember Fuller inquired if Remind is an app available to persons under 18 years of age.
Ms. Bruno explained Remind is a free app that requires parental consent that is handled through the app.
Councilmember Fuller commented that he is a firm believer parents need to be involved and does not want to circumvent that should a cannabis shop reach out to children on the app, for example.
Mayor Meadows commented that all the schools use it, and he may want to check it out.
Ms. Bruno suggested an alternative solution if the app is not desired would be to post information on the City's website where it is available to the entire community. She explained what is unique about the app is it can send out fillable forms for youth input.
Councilmember Fuller commented that he would rather involve parents for permission than the City offering youth an app they can join directly.
Ms. Bruno commented that if it is not the desire of the Council to have the app, staff can look at other options.
Mayor Meadows shared he is a conservative parent but this app is used by all schools for reminders of assignments and to share what is going on so he believes it is a matter of research that needs to be done.
Councilmember Shaw commented that if the City wants to get kids involved, it needs to meet them where they are and that is through apps; if that app is what schools use, get them information and get them involved. She encouraged youth to be at the 55-acre park meeting and anything like it. She expressed that youth are Oakley’s future and need to be part of decisions moving forward. She applauded staff for doing things they can do.
Vice Mayor Williams commented that she is a proponent of this work session. She mentioned they heard tonight that the average age in Oakley is 34 and the biggest group is under 18 so the City needs to hear their voices; they have ideas and should be allowed to express that and have regular dialogue. She shared in Brentwood, it is displayed if a business has been recognized as youth-friendly and youth tend to gather in places that are more approachable to them. She mentioned more regular reporting back from OYAC would be good so the Council can confirm it is listening to youth needs and meeting needs that it can. She commented that everyone uses the Remind app, including schools, sports, dance studios, etc.
Councilmember Fuller requested when it comes back, to put information on the bulletin board, social media and through schools to reach out and notify parents it is the City’s plan to have this app and hear parents’ responses.
8) CLOSED SESSION
8.1 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATIONSIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(d)(2). One potential case.
Mayor Meadows announced the closed session item.
9) ADJOURN
There being no further business, the meeting was adjourned at 10 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk