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Minutes

Oakley City Council
April 25, 2023

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Minutes
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April 25, 2023
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Oakley City Council
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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
April 25, 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 present.

1.2 Pledge of Allegiance to the Flag
Councilmember Shaw led the Pledge of Allegiance to the Flag.

1.3 Proclamation Recognizing April 23-29, 2023 as National Library Week and Update from Oakley Library Manager Lisa Cano-Loomis
Mayor Meadows presented the proclamation to Oakley Library Manager Lisa Cano-Loomis. He mentioned Friends of the Oakley Library are the Non-Profit of the Year for our district.

Ms. Cano-Loomis thanked the Council for recognizing National Library Week and she gave a PowerPoint presentation.

Councilmember Fuller inquired if she could review the newspaper app, including which newspapers are available and if the app can be accessed from home using a library card.

Mrs. Cano-Loomis mentioned they have many newspapers, and she does not have information on how to access them but will obtain that information and let him know.

Liz Fuller commented that each day of National Library Week recognizes something and today is National Library Workers' Day so she wanted to recognize Oakley library staff for all that they do in the small space they have and imagine how much they could so with more space. She highlighted that the Library was able to get Dan Gutman, author of “My Weird School” books, to provide a virtual presentation from New York for local elementary schools in Oakley, they gave out free books, and added his books to school libraries.

Lorena Campos, Friends of the Oakley Library, commented she is thrilled to share that the Friends of the Oakley Library has been awarded Non-Profit of the Year by Assemblywoman Lori Wilson and they among an exclusive group of non-profits honored by state legislators. She shared that they have been invited to the California Non-Profits State Luncheon in Sacramento on June 7 and they look forward to showcasing the award in our community. She thanked the City Council, mentioning they attribute their recent success to the ARPA grant the Council awarded them last year and they are excited to present on their progress with this grant soon.

1.4 Update from the East Contra Costa Historical Society, including the "Oakley through Time" Banner Project (Juli Del Barba Favalora, Carol Jensen and Doreen Pierce Forlow)
Doreen Pierce Forlow presented information regarding the East Contra Costa Historical Society.

She shared that they provide history through displays, guest speaking engagements and participation at public events. She mentioned they also host 3rd grade interactive tours. She shared that there are five different museums on site. She mentioned she was looking for something to make people stop and take notice, Juli was looking to share information regarding agricultural history, and Carol brought them together and found the Oakley grant opportunity which prompted their mobile banner historical presentation that provides Oakley's history. She shared where the banners have already been displayed and indicated they would like to display them at other locations around Oakley.

Juli DelBarba Favalora thanked the City and Historical Society for the opportunity to provide the “Oakley Through Time” banner project. She shared her family has been part of the farming community in Oakley since the early 1900s. She shared information about each banner and the story they tell together. She mentioned the purpose of the banner project is to promote and preserve Oakley's heritage.

Doreen mentioned they provided the Council with a bag with a newsletter, calendar and promotional items.

Carol Jensen mentioned they have the same constituency; the Council has constituents, and they have members; they are the same and they are delighted to share the same constituency.

She shared that the Historical Society has been around for over 50 years, and they have a large number of Oakley residents as members. She mentioned they also have shared goals. She shared they have the largest repository of artifacts, newspapers, personal records, and family records, of any institution in the area pertaining to our locale. She also shared that a member of the Donner Party resided in Byron. She mentioned they share a desire to retain the historic aspect of this community. She urged the Council as it decides what to do with old buildings on Main Street to visit their resource room to see the old pictures and in some cases, drawings, plans and ownership sequences. She mentioned that as the City envisions Oakley’s future, they share that vision as well and wish to be their resource. She indicated that Oakley’s future has an opportunity for agricultural and historic tourism for economic and community development as Oakley is posed at right point in the heart of the Delta, an historic heritage area.

She mentioned they see their relationship with Oakley as a partnership for economic development, cultural and community improvement and reinforcement of our shared heritage.

She shared they see the banner project as the start and they look forward to the next project.

Councilmember Fuller commented he is intrigued with the documents and maps. He expressed his appreciation for the presentation and that the Bay Area Miwok are included as they were the first inhabitants in the area. He inquired if the other items mentioned are catalogued and if he can come out and look at them.

Ms. Forlow indicated the documents are not catalogued, but they are in one location, and he is welcome to come out to view them. She provided their hours of operation.

Councilmember Shaw thanked Ms. Forlow for the invitation to the dinner where the banners were presented and mentioned she has other documents she will drop off.

1.5 Update from East Contra Costa Fire Protection District (Scott Wannamaker, Assistant Fire Chief)
Scott Wannamaker, Assistant Fire Chief with CCCFPD, provided a PowerPoint presentation.

Vice Mayor Williams mentioned the wildfires may be bad this year with vegetation. She inquired if there is anything the City can help do to minimize fire risk using natural techniques or otherwise.

Assistant Fire Chief Wannamaker mentioned anytime there is open space with overgrown vegetation, cutting it down will help to minimize the risk and spread of fire, especially during windy days where it can work its way through the grass and hit buildings and structures. He mentioned through the QR code, there is information; there are days they can help with chipping or help clean up; Crew 12 is their hand crew, and they help prepare areas in the County for the upcoming fire season. He shared that they also have resources online to help residents prepare their own homes.

Vice Mayor Williams inquired if the references also include “Know Your Zone” as she would like to share it.

Assistant Fire Chief Wannamaker mentioned there is a website and a search can be done for the community warning system.

Councilmember Henderson commented that he read that all engines in far East County now have advance life support (ALS).

Assistant Fire Chief Wannamaker shared he is excited as they have an ALS upgrade plan and although it wasn’t supposed to happen this quickly, they were able to accelerate that process.

He mentioned two of the stations have part-time ALS based on paramedic availability and they have had that in place for a while also; that was not part of the original upgrade plan. He shared all fire stations throughout the County are now ALS which means paramedic service is on every engine.

Councilmember Fuller requested Assistant Fire Chief Wannamaker explain ALS.

Assistant Fire Chief Wannamaker mentioned ALS is advance life support which a paramedic trained firefighter (advance scope) versus basic life support which would be an EMT level. 2) PUBLIC COMMENTS
An online comment was submitted by Crystal Yang and is made part of the meeting record. 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 March 28, 2023 (Libby Vreonis, City Clerk)

3.2 Approve Minutes from the Special City Council Meeting held March 29, 2023 (Libby Vreonis, City Clerk)

3.3 Approve Minutes of the Special Meeting of the Oakley City Council held April 11, 2023 (Libby Vreonis, City Clerk)

3.4 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting Held April 11, 2023 (Libby Vreonis, City Clerk)

3.5 Accept Report Out of Closed Session Memo (Derek P. Cole, City Attorney)

3.6 Approval of the City of Oakley’s Contra Costa Transportation Authority (CCTA) Growth Management Program Compliance Checklist for Allocation of Fiscal Year 2021/22 and 2022/23 Local Street Maintenance and Improvement Funds (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.7 Ratify Election: Adopt Ordinance No. 02-23 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 187 within the Oakley Special Police Tax Area for Police Protection Services for 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)

3.8 Waive the Second Reading and Adopt an ordinance adding Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (Special Land Uses) Adding Three Subsections to Address Drive-Through Restaurants, Carwashes, Gas Stations (RZ 04-21) (Ken Strelo, Planning Manager)

Councilmember Fuller pulled item 3.6.

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 3.6
Public Works Director/City Engineer Kevin Rohani presented the staff report.

Councilmember Fuller thanked Mr. Rohani for the report and for listing the projects. He commented he is happy to see shade coming in for the dog park. He expressed he feels more comfortable to say they move to “accept” the report rather than “approve” it.

Mayor Meadows inquired if the Council must approve the resolution for CCTA.

City Manager Joshua McMurray indicated CCTA requires an approved resolution to accompany the checklist as part of the overall package staff will send to them to show compliance.

Councilmember Fuller requested it be reflected in the minutes that the Council approved the checklist.

Mr. Rohani indicated the Council is not approving any project, awarding any contract or adjusting budget; this is purely a checklist for previous fiscal years for projects already approved by Council. He mentioned this is the format they must follow for CCTA for allocation of Measure J funds as other cities must also follow.

It was moved by Councilmember Fuller and seconded by Councilmember Shaw to approve the item as submitted. Motion was unanimous and so ordered. (5-0) 4) PUBLIC HEARINGS
None.
5) REGULAR CALENDAR

5.1 Consideration to Adopt a Resolution to Oppose Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act (California Business Roundtable Ballot Measure) (Joshua McMurray, City Manager)
City Manager Joshua McMurray presented the staff report.

Mayor Meadows mentioned CalCities has a bias. He shared that he doesn’t like to see taxes imposed and the state has made it a lot easier over the last few years to pass taxes; he wishes the CA Business Roundtable would have modified their language a bit, especially around franchise taxes which makes it hard to support because of that. He mentioned he is not in favor of the Council being able to throw out taxes like they have crammed down on them on a regional basis, i.e., RM 3 with bridge tolls; he thinks a lot of money goes to waste. He shared he leans somewhat in favor of the ballot measure, but the franchise tax part would hurt us.

Councilmember Shaw commented she is not in favor of making it easy to raise taxes either but it is making it harder for the City to make decisions on taxes, fees, impact fees. She mentioned being able to charge outside agencies for the use of our streets, i.e., large trash trucks and things like that, we need to make it so our taxpayers only are not having to handle those impacts is where she is leaning; and being able to have those decisions in house without being told they can’t and potentially losing a lot of money. She expressed that she feels it is important to at least bring it up for discussion as it is a very big impact.

Mayor Meadows inquired what the current franchise fees are annually.

City Manager Joshua McMurray shared that this year, the City collected $1.6 million and next year the City is projecting $1.68 million.

Mayor Meadows commented that is 3-5% of the City’s budget.

Councilmember Fuller inquired how far they are delineating corporations. He mentioned the recent consolidation of the fire district and inquired if it would have any impact. He provided an example of his non-profit that is incorporated. He mentioned this seems to provide a loophole for corporations. He inquired if there is a size or monetary limit.

Mr. McMurray explained the intent of the initiative is to restrict how cities can tax, charge fees, and assess fees. He requested Councilmember Fuller expand on his question.

Councilmember Fuller referred to United Airlines and expansion at SFO; it is a major corporation getting taxed. He inquired if San Francisco would be limited what it can charge United for gate fees, landing fees, etc.

Mr. McMurray responded that it could be, but he doesn’t want to speak for another city besides Oakley. He explained this initiative has ability to have a detrimental impact on our revenue and overall financial health because it would restrict the franchise fee component which is important to the City and is a negotiated fee right now with the City’s franchise hauler. He mentioned there is also City property leased to individuals and this restricts the City’s ability to charge on that as well, and it limits the ability to tax in the future, not to say the City is going to, but it limits that. He added that from an Oakley-specific perspective, it has ability to hurt us. He mentioned that staff was asked to bring back this item in opposition, but it is not time sensitive so if it is the direction from Council that it wants staff to bring it back, it doesn’t require action tonight.

Councilmember Fuller mentioned Prop 13 was needed because municipalities had become abusive, home values and property taxes skyrocketed, and the state limited property tax for cities; it stopped abuses but created others. He agreed that limiting income a city can assess can be detrimental for a city. He referred to SFO and gate fees, landing fees, and things they have negotiated with airlines to keep it operational. He mentioned if loopholes are created, San Francisco will be hurting because the money is coming back to the local jurisdiction to operate the airport. He mentioned it is targeting corporate interests without any compensation to the city.

He added that corporations will come out great but it will be detrimental to cities.

Vice Mayor Williams agreed CalCities can have a slant, but their mission is to protect local control and she doesn’t believe they can in one breath say they want local control, especially when it comes to housing—residents want the city making decisions, but the state jams it down, and on other hand allow a lack of control. She mentioned you hope people who you elect make the right decisions for your city and they craft policy that protects you from everincreasing, skyrocketing taxes so she thinks they absolutely have to send this letter in opposition.

Councilmember Shaw commented that for a city that has very limited resources and funding, it is very important to protect what we have until we grow and have other resources, but now we have a lot of projects, things in progress, streets to fix and a library to build, so if the City loses ability to charge some of these fees, they will see a huge slowing in what they can do moving forward.

It was moved by Vice Mayor Williams and seconded by Councilmember Shaw to adopt the resolution as presented. Motion was unanimous and so ordered. (5-0) 6) REPORTS

6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray reported this past Tuesday, registration for the MLF Toyota Series fishing tournament was held at the Oakley Recreation Center; there were approximately 80 boaters registered and the event took place at Russo's Marina on Bethel Island. He shared it was a successful event and they have heard they are very happy with Oakley's participation and sponsorship of that event. He announced this Thursday will be the third and last small business workshop at the Oakley Recreation Center from 12 p.m.-1 p.m.; the workshop will focus on Best Practices for Online Marketing. He also reported on April 29th, the City is hosting the Retro Summer Block Party and the first Movie in the Plaza of the year featuring the original Jumanji.

He also reported on May 5th, Friday Night Bites will be held with the first concert of the year featuring the Real Thang Band and on May 13th, the Taste of Oakley event will be held at the Oakley Recreation Center.

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 Henderson reported he attended Senator DeSaulnier’s Town Hall, Art in the Park, Supervisor Burgis’ mixer, and the second meeting of the year for the Habitat Conservancy.

Councilmember Shaw reported she also attended Senator DeSaulnier’s Town Hall and unfortunately Senator Glazer held his the same day so she chose to attend at the Oakley Recreation Center. She mentioned she missed the Ironhouse Sanitary District meeting because she was out of town, but she will watch the recording and report if anything needs to be brought back to the City, and she will attend the Tri-Delta Transit meeting tomorrow.

Councilmember Fuller shared his dissertation goes to the committee Friday.

Mayor Meadows reported he attended CCTA and MCE meetings last week, he also attended the fishing tournament registration at the Recreation Center, and he presented certificates of recognition to Liberty Hall of Fame recipients on Saturday. (b) Requests for Future Agendas
Councilmember Fuller requested the PowerPoint presentations be provided to everyone. 7) WORK SESSIONS
None.
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. The Council heard the item in its antechamber.
9) ADJOURN
There being no further business, the meeting was adjourned at 8:10 p.m.

Respectively Submitted,
Libby Vreonis
City Clerk

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