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 Meeting of the Oakley Public Financing Authority held
March 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 6:30 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 in attendance.
1.2 Pledge of Allegiance to the Flag
Councilmember Fuller led the Pledge of Allegiance to the Flag.
1.3 Proclamation declaring March 2023 as National Prescription Drug Abuse Awareness Month (Mariella Sanding, Contra Costa County MEDS Coalition) Mayor Meadows announced Ms. Sandling will not be in attendance this evening.
1.4 Presentation by Mt. Diablo Resource Recovery (MDRR): SB 1383 Rollout in Oakley (Sal Evola, Mount Diablo Resource Recovery)
Sal Evola with Mount Diablo Resource Recovery (MDRR) provided a PowerPoint presentation.
Councilmember Shaw inquired where residents will place their pail if they do not currently have green waste.
Mr. Evola indicated everyone can have garbage recycling and organics with the cost and they will expand their center to offer workshops on composting.
Councilmember Shaw inquired if that is provided with no increased costs.
Mr. Evola confirmed that is correct.
Councilmember Fuller inquired if someone will be checking to see that residents are putting green waste in the green waste bin before it is collected.
Mr. Evola indicated their focus is education and outreach, then enforcement, and enforcement will not start this year but when implemented, it will be a three-strike process. He mentioned there will be no digging in the carts; by flipping the lid, they can tell what is visually apparent.
Councilmember Fuller inquired if there will be any weight limit.
Mr. Evola commented that most households in 100% compliance are within weight limits. He suggested residents wait until the night before garbage day to put waste in the green container as a best practice.
Mayor Meadows inquired if there are cameras on the trucks to monitor what is going in.
Mr. Evola mentioned they use the 3rd Eye system that helps monitor contamination with commercial service now and they are exploring it for residential service; it also provides photo documentation.
Vice Mayor Williams commented that Mr. Evola mentioned four of Oakley’s commercial businesses are out of compliance. She inquired when the commercial requirements were rolled out and how many businesses are complying and for those out of compliance, if there are any fines.
Mr. Evola mentioned before 2020, if a commercial business was generating more than 4 cubic yards of garbage, it had to have organic service, and in 2020, it changed to 2 cubic yards of garbage. He thanked City staff for working with MDRR staff to directly contact local businesses to get them into compliance. He did not have total numbers on how many businesses are compliant but mentioned Oakley is the most compliant city. He mentioned the organics containers are included in their rates and is mandated, so they have provided containers and education to businesses not in compliance. He explained the City adopted a NOIC that kicked compliance out to 2024.
Mayor Meadows inquired with commercial service if it is a requirement for 2 cubic yards.
Mr. Evola commented that SB 1383 applies to each and every commercial and residential customer. He explained the law prior to SB 1383 was AB 1826 that prior to 2020, required organic service if 4 cubic yards of garbage existed; after 2020, it required organic service if 2 cubic yards of garbage existed. He mentioned SB 1383 is intended to bring the number down to zero and apply to each and every customer, unless the customer has an exemption from the City. He mentioned some commercial businesses ae exempt because they do not generate any organic waste.
Mayor Meadows inquired if MDRR provides bins to everyone that doesn’t have one.
Mr. Evola mentioned that they provided bins to the four customers not in compliance. 2) PUBLIC COMMENTS
Mayor Meadows announced one online comment was submitted by Diane Merritt and will be made part of the meeting record. Ms. Merritt commented to thank the City of Oakley for its financial support for the Senior Center.
Bud Chaddock commented on Laurel Plaza and mentioned the consultant at the previous Council meeting who was paid for his opinion, suggested having small, communal businesses like in the Downtown as big box is not what the people want anymore nor is it a benefit to our city.
Donna Chaddock commented that during the March 14th City Council meeting she reiterated her view that she has had since March 2020 regarding Laurel Plaza and she was misquoted. What she said is that Shelley Fitzgerald didn’t take any money from corporations, it was from ordinary citizens, and the Councilmembers should vote with integrity. She mentioned the consultants during the previous Council meeting commented that the City lacks infrastructure to bring in big businesses and suggested shopping clusters could be considered for more retail as Oakley awaits population growth. She suggested the Council listen to the residents and the consultants the City of Oakley is paying for.
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 March 14, 2023 (Libby Vreonis, City Clerk)
3.2 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)
3.3 Approving the Agreement with Ranchettes at Neroly, LLC for “Stormwater Management Facility Operations and Maintenance Agreement, and Right of Entry” for Subdivision 9284 Ranchettes at Neroly and authorizing the City Manager to execute the agreement (Kevin Rohani, P.E., Public Works Director/City Engineer
3.4 Filing of Fiscal Year (FY) 2022-23 Annual Reports for the City’s Maintenance and Services Community Facilities Districts and Police Services Special Tax (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.5 Annexation No. 9 (Elm Lane Apartments) to the City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.6 Award of Contract for a Professional Services Agreement for On-Call Stormwater Program Services with Geosyntec Consultants for Fiscal Year 2023/24 and Fiscal Year 2024/25 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.7 Annual Progress Report on Implementation of the 2015-2023 Housing Element with SB 341 Reporting Requirements (Ken Strelo, Planning Manager)
3.8 Consideration of a Resolution Approving the City’s Investment Policy for Fiscal Year 2022/2023 (Tim Przybyla, Finance Director)
Councilmember Fuller pulled item 3.1.
Mayor Meadows pulled item 3.5.
Vice Mayor Williams pulled item 3.7.
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 Fuller requested Ms. Chaddock’s comment that Shelly Fitzgerald did not accept money from any corporations be incorporated into the minutes as a correction. It was moved by Councilmember Fuller and seconded by Vice Mayor Williams to approve the minutes with the correction. (5-0)
Item 3.5
City Manager Joshua McMurray commented that staff would like to pull the item and continue it to a date uncertain.
Item 3.7
Vice Mayor Williams pulled the item to provide visibility and requested the chart be placed on the screens that shows how many different types of housing in the 10-year period. She inquired if 85% is not affordable and how Oakley compares with other cities in terms of progress.
City Manager Joshua McMurray commented that the City has a good track record of having projects come to life and projects constructed; however, the City has limited control; it does what it can with state mandates to apply affordable housing overlay to remove as many barriers as possible and make the housing essentially a by right approval, but they have not hit marks on low to very low units with this past RHNA period. He mentioned he is not certain how Oakley compares with other cities in terms of progress.
It was moved by Vice Mayor Williams and seconded by Councilmember Fuller to approve the report. Motion was unanimous and so ordered. (5-0)
Mayor Meadows returned to Public Comments (Item 2.0) to provide Kari Arnold an opportunity to speak as she submitted a public comment card.
Ms. Arnold shared that she recently moved from Knightsen to Oakley and when living in Knightsen, there was a grow house for marijuana down the street from her house; Sheriff’s Office response to the site became frequent, there as a beating, someone was tied to a tree and there was a killing. She mentioned when she heard about Continente Ranch’s proposal to have a grow farm, she wanted to express her experience and concern. 4) PUBLIC HEARINGS
4.1 City of Oakley 2023-2031 Housing Element – Approval of a General Plan Amendment Adopting the City of Oakley 2023-2031 Housing Element (Ken Strelo, Planning Manager)
Planning Manager Ken Strelo presented the staff report and a memo regarding the HCD conditional approval letter dated 3/27/23 and a summary of clerical errors. He mentioned if the Council approves, staff will make changes and send to HCD tomorrow.
Chelsea Payne with Ascent Environmental provided a PowerPoint presentation.
Councilmember Fuller mentioned pages 111-112 do not seem to correlate with the sites shown; in particular, he expressed concern regarding Site L as he does not want to see 200-300 units of housing there.
Ms. Payne commented that there were candidate rezone sites and other potential sites reviewed and considered so that might be where he is seeing that site; staff will confirm. She explained with this action, the Council is not committing to those sites; it shows the City is considering enough sites to meet RHNA; the process of rezoning sites will take place over 3 years and that is a public process; this is an initial list so sites here may remain or fall off the list.
Councilmember Fuller commented that a community meeting was held 4/20/22 and he is curious to know if an ASL interpreter and blind interpreter were offered. He indicated he did not see any notice on the flyer that accommodation could be made.
Mr. Strelo responded that they did not have those services at that meeting held at the Oakley Recreation Center; they had Spanish translation and a live interpreter, and the building has ADA access. He added staff has no additional information other than the information on the flyer. He mentioned if there are any requests for future meetings, staff is happy to make meetings as inclusive as possible.
Councilmember Fuller indicated one of the most significantly marginalized groups in the community exceeds the norm of the area, the percentage of people that live here that are disabled and their socio-economic status is one of the most marginalized and affected groups of affordable housing and it needs to be addressed.
Ms. Payne commented she would agree with that. She mentioned disabled are considered in the special need groups in the Housing Element and they are addressed in the Fair Housing Assessment so that data is reflected here.
Councilmember Fuller mentioned it is state law and the City’s intent to not congregate affordable housing in one area, but rather disperse it city wide.
Ms. Payne confirmed that is correct.
Vice Mayor Williams commented that she understands the City was hit with a builder’s remedy because it did not hit the last target. She inquired if the Council certifies this, if the City is guaranteed to meet it this time.
Mr. Strelo confirmed that is correct.
Vice Mayor Williams inquired if there is a benefit to starting the work sooner even though they have a 3-year period.
Ms. Payne explained if the City does not meet the rezone target, the Housing Element would be non-compliant and HCD would decertify it which would open the City back up to builder’s remedy.
Vice Mayor Williams commented that there is an action item to work with the County on reducing fees. She inquired about any potential repercussions there might be to the City.
Mayor Meadows mentioned it is not just the County but also special districts.
Mr. Strelo mentioned the action item is to review the fees and meet as necessary to try and discuss any reduction needed and he does not believe there is penalty if those fees are never reduced.
Councilmember Fuller inquired which state agency this goes to.
Ms. Payne responded it goes to the Department of Housing and Community Development (HCD).
Mayor Meadows opened the open public hearing.
No public comments were submitted.
Mayor Meadows closed the public hearing.
Councilmember Fuller addressed community rehabilitation grants to rehabilitate housing already here that may be in need, disbursing affordable housing and getting it out, minimal or no housing for the income level of people needing housing, and two areas where there is overpayment of rent. He mentioned the City needs to address disabled; he can’t get behind that the most marginalized groups are disabled and have the greatest needs for affordable housing yet there was no interpretation, no ASL, and no blind interpreter for the community meeting.
It was moved by Vice Mayor Williams and seconded by Councilmember Shaw to adopt the resolution. AYES: Henderson, Meadows, Shaw, Williams. NOES: Fuller. (4-1) 5) REGULAR CALENDAR
5.1 Emergency Management Program Assessment Report (Joshua McMurray, City Manager)
City Manager Joshua McMurray presented the staff report, He introduced Chris Godley with Aegis Emergency Management. He mentioned the Assistant to the City Manager will oversee the program when the position is filled.
Chris Godley with Aegis Emergency Management provided a PowerPoint presentation.
Councilmember Fuller thanked Mr. Godley for recognizing people with disabilities and animals.
He mentioned the report indicates the City does not have a warning system. He inquired why Oakley does not have it and if it would be advantageous to have it.
Mr. Godley explained that the City doesn’t maintain its own warning system but has it through the County. He mentioned it may be challenging for a city this size to develop and maintain technology and staffing to administer warnings. He added that Oakley Police have Nixle.
Councilmember Fuller inquired if they can pinpoint it to Oakley.
Mr. Godley explained that geofencing technology is becoming better and better over time, especially for wireless private broadband carriers to execute alerts.
Councilmember Fuller inquired who will be the person to contact in Oakley.
Mr. Godley mentioned executive staff could activate alerts; however, he would prefer Mr.
McMurray to address the question.
Mr. McMurray mentioned the Assistant to the City Manager will be the point of contact and the City's PIO.
Councilmember Shaw inquired if the emergency management plan incorporates a mutual aid agreement with other cities for events such as large fires.
Mr. McMurray commented it does and depending on the severity of the disaster, Oakley may need to depend on other cities and the County.
Mr. Godley commented that the City is already enrolled in the California Master Aid Agreement so it will receive assistance for first responders and Emergency Management requires separate mutual aid agreements for other things after the event.
Vice Mayor Williams mentioned the E. Cypress relevant evacuation zones. She inquired if there is a time frame when staff will finalize this plan.
Mr. McMurray mentioned they will bring someone on board for the position and then look at the timeline but he anticipates it will be within this calendar year.
Vice Mayor Williams commented that she understands Nixle doesn’t count as a warning system.
She inquired if there are grants or something they can work on to reach a specific targeted audience and get to those areas.
Mr. Godley mentioned the County indicated it can provide better support to the City for general public preparedness and the community emergency response team (CERT) can bring information to residents.
No action was required of the City Council.
5.2 Authorization for the City Manager to Execute a Purchase and Sale Agreement with Kent A. Ipsen for the sale of property located at 3070 Main Street (APN 037- 200-010) (Joshua McMurray, City Manager)
Mr. McMurray presented the staff report.
No public comments were submitted.
It was moved by Councilmember Shaw and seconded by Vice Mayor Williams to adopt the resolution.
Councilmember Fuller requested an amendment to the motion for sale proceeds to be allocated to legal defense funds to sustain the lawsuit filed by O'Hara Properties.
City Attorney Derek Cole commented that it is not agendized under this item to allocate this significant amount of funds so he does not believe the Council has authority under the Brown Act to amend the motion to include this direction; however, it could be made in the future.
Councilmember Fuller indicated he will request a future agenda item at the end of the meeting.
Mr. Cole indicated that requesting a future agenda item is the best way to proceed; if there is Council consensus, staff can bring back the item to attribute the money to a specific purpose.
He mentioned under the Brown Act, this agenda item does not tell the public the City is committing funds to a specific use.
Motion was unanimous and so ordered on the resolution as presented. (5-0) Mayor Meadows announced a brief recess at 8:04 p.m. The Council reconvened at 8:16 p.m. 6) REPORTS
6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray announced there will be a community meeting tomorrow at 7:00 p.m. at the Oakley Recreation Center to discuss the 55-acre park; it will be recorded, and staff will launch an online survey for community input. He also announced that Science week begins Saturday at 10:00 a.m. at Ironhouse Sanitary District and ends April 7 at the Recreation Center, Oakley’s Got Talent auditions are April 5 at 6:00 p.m. at the Oakley Recreation Center, Taste of Oakley tickets are on sale, Friday Night Bites will be held April 7, 5:00-8:00 p.m., Art in the Park is April 15 at Civic Center (registration is open online for the Rock the Chalk portion of the event), Major League Fishing will be held April 19-21 (registration will be held April 18 at the Oakley Recreation Center), Economic Development held its second small business forum and registration is open for the next workshop to be held April 27 (Online Marketing and ECommerce), social media will go out linking library sessions that have been recorded, and registration is open for the next Entrepreneur Workshop on April 21 (CA Sales Tax Compliance).
Vice Mayor Williams mentioned she received a lot of questions regarding the last fishing tournament and comments that the City didn’t publicize it. She inquired what the City is doing to publicize the fishing tournament.
Mr. McMurray mentioned it was supposed to go through Oakley but it was switched at the beginning of the year to now go through Russo’s; registration will be held in Oakley and staff will push out publicity through social media.
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 that during the last meeting and during this meeting he saluted the flag during the Pledge of Allegiance. He explained why the salute can be used. He mentioned the American Legion Post 202 in Brentwood is trying to expand into Oakley and is looking for members. He thanked Whiskey, Tango, Foxtrot for providing a discount to first responders, veterans, and others.
Vice Mayor Williams reported she attended the environmental quality policy review where lots of bills were reviewed. She explained the group is through CalCities to help fix some of the unfunded mandates related to environmental quality. She mentioned they received from the Revenue and Taxation Committee, Sales Tax Modernization with e-commerce and there is focus to protect local revenues, state budget and legislation, and they are creating easier pathways for federal and state funding. She mentioned they are also working on making accountability go where funding is for homelessness. She addressed two bills in Government Transparency that CalCities is sponsoring, one regarding the Brown Act that will allow virtual options and the other regarding City Council salaries to increase diversity and allow more outstanding community members to come forward. She mentioned in Housing and Economic Development, there is a letter CalCities would like everyone to issue, and to approve SB 35 projects, in Public Safety there is a bill proposed to amend Prop 37 to increase accountability for repeat offenders, in Transportation, Communications and Public Works they are adding new regulations for flexibility with complying with advance clean fleet regulations, there is a new waste packaging coming where California will receive $5 billion between 2027-2037 to clean up plastics mess, a direct cost from manufacturers, and under SB 54, all materials must be recyclable and decomposable by 2032 with imposition of a $50,000 fine per day (manufacturers) if violated.
Councilmember Shaw reported she attended Tri-Delta Transit’s Appreciation Day on 3/16 where Tri-Delta honored 2 transit workers who were accident free for a number of years, she attended the birthday celebration and bench dedication for Alexis Gabe on 3/17 (she thanked Chief Beard for his work and support to the family), she attended the Ironhouse Sanitary District (ISD) meeting on 3/21; there is an opening at LAFCO for the special districts member alternate seatDirector Morgan and President Morrow have been nominated for the seat by ISD-and ISD is talking about rebranding. She also reported she attended the Tri-Delta Transit meeting on 3/22 and the Oakley Park and Ride lights are on and there is a new means-based pilot program for 6 months where they will give ADA applicants $22 to cover 8 one-way trips per month and they are bringing back the summer youth program, reducing the price from $60 to $30 for a 3-month unlimited pass for 5-17-year olds from June 1 to August 31. She announced on 4/27, Tri-Delta is hosting a Shred-it event with the City of Oakley; the drive-up event at the Park and Ride begins at 9:00 a.m. and there is no limit, they are taking shredding until trucks are full, and they have one truck and are hoping to secure a second truck. She also reported attending the San Joaquin Joint Powers Authority (SJJPA) meeting virtually on 3/25; there was a long discussion regarding decommissioning the Antioch train station and while Antioch’s Mayor made a lot of arguments against closing the station, Supervisor Burgis, City staff, and former Mayor Kevin Romick spoke to make sure it moved forward. She also reported she attended the Center of Human Development ribbon cutting on 3/27 in Pittsburg. She shared she will be shadowing Senator Glazer tomorrow at the Capitol and will discuss funding options for E. Cypress and funding for Tri Delta.
Mayor Meadows inquired if there are 2 members running for the LAFCO position.
Councilmember Shaw explained that special districts get to nominate 2 people, but only 1 will be selected.
Mayor Meadows reported he also attended the SJJPA meeting and Supervisor Burgis brought it; Antioch would have kept station if not for her. He also reported he attended the CCTA meeting and he regularly meets with the Executive Director of CCTA to discuss revenue sources for E. Cypress and Laurel. He also reported he attended the MCE meeting where they approved an $800+ million budget.
(b) Requests for Future Agendas
Councilmember Fuller requested two items: 1) funds from the sale of 3070 Main Street be used to allocation for defense of the O’Hara property lawsuit and 2) funds from the sale of surplus property located at the northwest corner of APN 037-160-018 be used to allocation for defense of the O’Hara property lawsuit.
Mr. McMurray mentioned with the surplus property, the City is in the 60-day waiting period now.
Councilmember Fuller indicated when the property is sold.
Vice Mayor Williams inquired what happens if funds are earmarked and not used for the lawsuit.
City Attorney Derek Cole commented that staff can include a provision to earmark the funds for litigation for the City’s cost of attorney fees or any damages and if the lawsuit settles or resolves and there are funds remaining, those funds will go back to the General Fund. Vice Mayor Williams supported it.
Vice Mayor Williams requested an item to look at modernizing participation at City Council meetings. Councilmember Fuller supported it.
Mayor Meadows requested an item to review facility needs for staff when they reach build-out.
Vice Mayor Williams supported it.
7) WORK SESSIONS
7.1 Work Session-Police Department Staffing (Joshua McMurray, City Manager and Paul Beard, Chief of Police)
Chief of Police Paul Beard addressed staffing levels, candidates in queue, and the Police Department structure. He shared the vision for a full-service Police Department, staffing issues, and provided an explanation of additional services. He addressed challenges: workspace concerns, special ops sergeant, fleet, equipment, trainers. He also addressed an "over hire" proposal: over hire timelines, move a position from the 24-25 FY. He covered mutual aid:
explanation, LEMA document, Department Policy 327, and mutual aid stats: 4 major incidents last year requiring mutual aid (Alexis Gabe, office involved shooting, Seattle suspect shot, another officer involved shooting). He also discussed the dispatch project: the reason the agenda item was brought forth, Strategic Advisory Services consulting exploration of Brentwood Dispatch, and cost factors pending.
No public comments were submitted.
Vice Mayor Williams mentioned that it sounds like from the presentation, the Chief feels comfortable with staffing but Police has pretty much outgrown the building. She inquired if allocating funds for equipment and space would be a better use of resources.
Chief Beard responded it would be as they need equipment. He shared they are a 40-person department and only have 24 helmets; he doesn’t want to share helmets. He also shared they have only 32 rifles that are important for users not to share for accuracy and proficiency.
Vice Mayor Williams commented that it sounds like for better police safety and to keep officers safe will be to equip them rather than hire more bodies.
Chief Beard expressed he is confident that in 2023, Oakley will see a healthy department doing all functions discussed today and the community should be well served, including their investment in doing patrol doing work.
Vice Mayor Williams inquired if numbers are available for the Brentwood Police ratio of number of officers to residents.
Chief Beard did not have those numbers.
Councilmember Henderson commented that having a traffic officer back is huge. He inquired if the special team will be in place before July 4th to handle fireworks issues.
Chief Beard responded that they may have one sergeant and one officer, but not all four.
Councilmember Henderson inquired if they are working on capital replacements for future budget.
Chief Beard inquired if he was referring to vehicles or persons managing the services.
Councilmember Henderson confirmed he is referring to vehicles. He would like to know if they are planning for the future so capital replacements will be in the budget.
Chief Beard explained it is in progress; if they get to a fully healthy fleet, he anticipates they will need to replace approximately 3 vehicles per year; the vehicle replacement plan will work handin-hand with the budget.
City Manager Joshua McMurray mentioned the City of Brentwood has a population of 66,455 with 72 sworn Police officers, a ratio of approximately 1 officer per every 922 residents (in response to Vice Mayor Williams’s inquiry).
Councilmember Fuller suggested the Council bifurcate into 3 areas of discussion instead of trying to discuss all at once.
Staffing
Councilmember Fuller commented there will be 1 new officer hired each year. He inquired how many total officers there will be.
Chief Beard responded that they are looking to have 42-43 officers including 2-3 over hires, over time, not all at once.
Councilmember Fuller inquired where money will come from to fund over hires. He inquired how they will sustain enough space and officers with population growth to keep up with the momentum.
Chief Beard mentioned they need to be reasonable how fast and far they grow. He explained that 1 officer per year is for fiscal year 24/25; they propose to add 2 officers that year, but he suggests moving 1 officer from that year to fiscal year 23/24 to hire in Jan 2024.
Mr. McMurray further explained that they have planned for two officers in 2025, 2027 and 2029 so they would take 1 of 2 officers in the fiscal year 24/25 budget and placing in 23/24 budget and hire in Jan 2024.
Councilmember Fuller inquired if there is funding for that.
Mr. McMurray explained they have cost savings that will provide for it. He explained with over hires, when an officer is off paid status is when they would hire to backfill a position so there is no impact on the Police budget.
Mayor Meadows commented it is not a true over hire; they are just hiring on an as needed basis.
Councilmember Fuller commented that he favors increased staff and safety that may require more work space to accommodate that growth and that takes funding; how that is put together is important too.
Mayor Meadows commented that Brentwood’s ratio of officers to residents is just about 1.1, Oakley will be about .9.
Councilmember Shaw inquired if it would be beneficial to have a substation to provide space for more officers as the department grows.
Chief Beard indicated the modeling of substations is beneficial; the officer responds to duty at the main station and works from the substation that would consist of a workstation, office equipment, a break room and restroom.
Councilmember Shaw inquired if the Police station can be built upward.
Mr. McMurray explained that the building was not designed for it; sometimes when restructuring a building it can cost more.
Councilmember Shaw inquired what the policy is for personal rifles.
Chief Beard responded they do not currently have a policy to address it but he purchases good rifles.
Councilmember Shaw commented she understands the struggles and appreciates having a tour of the Police Department; it opened her eyes not only to officers but to needs for the evidence room and equipment issues.
Vice Mayor Williams inquired if the City’s grant writers can look to see if grants are available to transition the City’s fleet to carbon neutral vehicles.
Mr. McMurray explained it is in the City’s climate action plan to become carbon neutral and the City has a grant writer who is aware of the needs for staffing and equipment, including vehicles; however, no grant are available now, but they expect grants to open later this year. He mentioned they are fully invested in seeking funding to support operations.
Vice Mayor Williams inquired how we know that the ratio of 1:1000 is the right number for Oakley and why we are committed to that number.
Chief Beard explained the number is supported by calls for service, response times, caseloads, and other data points to come out with a general answer and numbers will vary year to year, but 1 officer for every 1,000 residents is a great base line.
Councilmember Shaw shared that her husband wrote a grant for an electric Police motorcycle, and she would love to look into it for Oakley.
Dispatch
Councilmember Fuller inquired if it is more costly if the City moves to having Brentwood dispatch and if there is a measure where they might improve service and citizen engagement.
Chief Beard mentioned the consultant met with Brentwood’s City Manager, Chief of Police, and dispatch supervisors and the report is still being refined so staff is awaiting to see how feasible it is. He shared that Brentwood has a lower vacancy rate for dispatch services than the Sheriff’s Office; Brentwood is down 1 person and the Sheriff’s Office is down more.
Mayor Meadows mentioned the Sheriff’s Office has more dispatchers though.
Chief Beard indicated he believes they may have 22 dispatchers.
Councilmember Fuller inquired if the Council will get a report.
Chief Beard mentioned the Strategic Advisory Services group will provide a full report.
Councilmember Fuller inquired if the report will compare level of service, i.e. response time, complaints, etc.
City Manager Joshua McMurray mentioned the report is not to that level of detail; it will look at big ticket items to begin discussion.
Vice Mayor Williams inquired if dispatch is more of a police function or community function, or in other words, if it benefits police officers or the community with response times to switch dispatch.
Chief Beard mentioned the County has served him well for 33 years; they are looking to see if Brentwood may be a better fit for Oakley Police; they still need to flush it out.
Vice Mayor Williams inquired if the report might provide compare and contrast and if there are any benefits that can be identified now.
Chief Beard mentioned the report will not provide a comparison; once they get the report, staff can make an assessment on their own.
Mayor Meadows inquired which cities the Sheriff’s Office currently serves.
Chief Beard responded it serves the cities of Danville, Pittsburg, Orinda and Lafayette.
Councilmember Shaw commented switching to Brentwood would be a huge overhaul; it is not just changing location; it comes with training, licensing agreements, IT involvement, etc. She mentioned County technology seems delayed, but it may be a matter of whether it is worth the cost to switch.
Chief Beard mentioned technology would change the way they retain records, the way officers see information to respond to calls, and the County is looking to change its system.
Mutual Aid
Councilmember Fuller commented that the mutual aid agreement is a voluntary document; anytime the Chief or City finds its officers in danger, the City can walk away or terminate the agreement. He expressed Oakley’s officers are trained and respond well, they are highly professional addressing systemic racism and operate as a Class A organization; he wants them to trust us and it is important for officers to know they are safe. He mentioned Antioch approaches Police force from a different perspective that is more aggressive than Oakley and he doesn’t want to open Oakley’s officers to abuse of the power structure in Antioch so he is looking for a solution. He mentioned Oakley is responsible and he wants it clear that everything that goes on will come back to Oakley. Councilmember Fuller said he had confidence in Chief Gates when he was Chief of Police as Chief Gates stood with his officers, and it was well known that if officers encountered a hostile situation from outside, the Department and the Chief would stand with them to ensure their safety.
Chief Beard commented that he and Chief Ford see the mutual aid agreement the same way and acknowledge the same document. He shared that full-blown mutual aid is rare; he is operating under his authority and policies, and he takes accountability for his officer’s actions.
Councilmember Fuller commented he doesn’t think Dr. Ford is getting the same support as Chief Beard and he would like the City Managers also sign as it carries heavier weight; he likes the idea of a letter signed and that is public so if the Mayor wants to change it or there is political pressure, this is in place and worked out ahead of time. Councilmember Fuller stated he did know Chief Ford, but knows he has a doctorate from the University of San Francisco and extensive service on the San Francisco Police Department and believes he would respond in a professional manner.
Chief Beard commented the document is on file (LEMA). He mentioned the document doesn’t achieve everything Councilmember Fuller is speaking to. He indicated he doesn’t want to get into commentary regarding another jurisdiction. He expressed it pains him there is any slight question mark that Oakley Police would hesitate to respond to provide mutual aid, no matter how they operate. He mentioned he wants any question mark off his department, and he is happy to sign a letter that states what has already been stated if that is the Council’s direction.
Councilmember Shaw inquired if Chief Beard could choose to send officers for mutual aid because he signed LEMA. Chief Beard said they were in agreement that Oakley would supply officers.
Chief Beard responded that is correct if they have resources to respond.
Councilmember Shaw mentioned our police officers adhere to Oakley policies and answer to Chief Beard and this would be true of any complaints by citizens; they would get directed to Chief Beard.
Councilmember Shaw mentioned the indemnification/liability limitation provisions in LEMA address some concern and the District Attorney has also signed this. She shared she looked at Policy 327 and Lexipol who helps create Oakley policy.
Chief Beard said there was an agency (private) called Lexipol that drafted policies for agencies’ review and such work took a burden of administrative work off of police agencies.
Councilmember Shaw indicated it is also used by Brentwood and Antioch for policy (almost identical) and Lexipol provides updates.
Councilmember Shaw mentioned that not being able to use certain control holds (use of force policies under AB 1196) is a state restriction as of 9/30/2020; it is not city specific.
Councilmember Shaw mentioned military equipment under AB 481 (2021) effective January 1, 2022, provided agencies had to have a policy by May 2022 and surrounding agencies have equipment so they are great resources. She explained this is a state-wide bill and all agencies had to do it; it is not the Antioch Mayor doing these things. She mentioned she appreciates Chief Beard staying out of politics; she doesn’t want officers to hesitate to provide aid and appreciates that they give us aid and that we give them aid.
Vice Mayor Williams mentioned Councilmember Shaw took all of her points and she also applauded Chief Beard for staying out of politics. She expressed it is important to promote things we do here, not point out shortcomings of other cities and she doesn’t want to disparage other cities. She mentioned even though Antioch’s Mayor likes to take credit for those things, it was the state that required them.
Councilmember Fuller commented that the military equipment policy was up to individual cities to purchase, and individual cities have their own use of force policies sanctioned by POST; that each city makes its own policies in conjunction with POST; there is no uniform policy for the entire state that applies to weapons; we tailor what we need to do our own good. He mentioned he would appreciate a letter with the City Manager’s signing to cooperate.
Councilmember Henderson commented that the Council is getting way too much into the weeds of letting Chief Beard do his job; mutual aid is set up, policies are in place, and they should let the Chief do his job.
Councilmember Shaw commented (continued) she doesn’t agree with these letters. She inquired if they would go to each city with a letter. She indicated that is the purpose of LEMA and it can be updated to include Council suggestions. She also indicated other cities can have different use of force policies, but officers are still held to the Chief’s standard; they are assisting other agencies but are still subject to Oakley policy approved by the Chief of Police and City Manager. She mentioned until there is a state agreement in place, they have to go by the County agreement; they can’t just go agency to agency. She mentioned the LEMA agreement works and she is concerned if they start getting into that level of detail, what happens with the agency they haven’t thought of such as the situation in Washington; it’s ridiculous. She commented that they are getting into weeds and should let law enforcement do its job.
Chief Beard expressed that he sees credibility of the concerns of each Councilmember; however, if he does something drastically different than other agencies he would be looked at with suspicion and doesn’t want that to impact his officers receiving less assistance or aid when needed.
Councilmember Fuller requested clarification of what he meant by the statement about suspicion.
Chief Beard commented it may be more important for Councilmember Fuller to define his statement on social media; he expressed he had to deal with his officers asking him if he is going to stop aiding Antioch and the answer is no. He shared that concerns then came up if Oakley stops aiding other agencies, how can Oakley expect other agencies to assist us; these other agencies would show solidarity with Antioch PD. He mentioned situation Councilmember Fuller’s words have been characterized that Oakley Police will not support Antioch Police but that may not be what he meant so he requested Councilmember Fuller clarify his position on social media.
Councilmember Fuller commented he never said Oakley would stop; they have a responsibility to our officers and if they are being led into fire, they should respond but be protected.
Councilmember Fuller stated he had twenty-years as a police officer with LAPD, including the housing projects in the 1992 riots. Councilmember Fuller said Chief Beard had thirty years of experience. Talk about experience. We have a responsibility to ensure our officers are protected. Some people have the visualization that of Adam 12 that when an officer puts out a help call all the officers run in. That’s not good. If there are 22 letters that’s a drop – there are many letters that go out in regard to mutual aid. He mentioned if they have a threat for officers to be there, Oakley has responsibility to deal with it; hearing him say his department would run into suspicion and he did not think that Chief Beard ran his department like that and Councilmember Fuller did not think that Dr. Ford ran his department like that either.
Chief Beard responded that he appreciates that and feels they need to offer that to Chief Ford.
Councilmember Fuller commented he wants both to say that; what he is hearing from others is that they are vulnerable, Councilmember Fuller does not like to hear Oakley’s officers are vulnerable. Councilmember Fuller said during the 1992 riots he was in LA’s housing projects.
One of the reasons officers stepped up to the task was they knew they were supported by the department. Councilmember Fuller explained there was an incident where he was called to run a skirmish line and a commander, and two deputy chiefs were there in support. A suspect was down and an AR 15 was out there. The officers stood there and performed admirably because of the support. That support he wants to give to Oakley officers. Councilmember Fuller said to blame the letter on him – Councilmember Fuller insisted – but we still needed an agreement.
Chief Beard commented that he doesn’t want to be involved in a process that would indicate he is not supportive of aiding another agency.
Vice Mayor Williams commented that asking the City Manager and Chief Beard to sign a separate letter when there is already a document in place is creating a situation and it is clear Chief Beard does not feel comfortable with it.
Councilmember Shaw mentioned she did not say that officers respond to mutual aid no matter what; she wanted to clarify what mutual aid was in a statement she made; if action is needed, action is taken. She mentioned officers can respond anywhere if there is an immediate danger of life or property or if the person is fleeing a crime. She mentioned if Oakley officers see something happen in front of them, they cannot not do it because it is not in our city.
Mayor Meadows commented he is with the majority of Council; Police need to be able to do their job and have agreements in place to do it and he wants to offer resources but not tell the Chief how to do it.
8) CLOSED SESSION
8.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54954.5(e)
Title: City Manager
Mayor Meadows announced the closed session item. He mentioned the meeting will be adjourned after closed session and the next regular meeting of the City Council will be held April 11, 2023.
9) ADJOURN
There being no further business, the meeting was adjourned at 10:17 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk