AGENDA
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 Tuesday, June 13, 2023
6:30 PM
Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561.
Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065.
MISSION STATEMENT: The City of Oakley will create a resilient future that fosters and attracts a vibrant and evolving community that welcomes and values all people.
VISION STATEMENT: The City of Oakley celebrates our unique Delta lifestyle and small-town feel where we Live in a safe, dynamic community, Work together to build the future, and Play in our own backyard.
Agendas are posted in Oakley at Oakley City Hall-3231 Main Street, outside the gym at Delta Vista Middle School-4901 Frank Hengel Way and outside the Library at Freedom High School-1050 Neroly Road.
Agendas are also posted on the City’s Internet Website www.ci.oakley.ca.us.
A complete packet of information containing staff reports and exhibits related to each item is available for public review prior to an Oakley City Council and/or City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority meeting at Oakley City Hall, 3231 Main Street, Oakley, CA 94561. Any writings or documents provided to a majority of the Oakley City Council, Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency or Oakley Public Financing Authority regarding any item on this agenda will be made available for public inspection, during regular business hours, at the front counter in the Main Lobby of the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561. Agendas may be picked up at the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561 for no charge. To request information regarding placement on the City’s agenda e-mail distribution list, please contact us at (925) 625-7000.
The City of Oakley provides social media options to stay connected to City Hall through Facebook, Twitter, Next Door and Instagram. Other opportunities to connect with City Hall include Engage In Oakley, Oakley OnDemand on the City's website, and by emailing [email protected].
If you have a physically challenging condition and require special accommodations, please call the City Clerk’s office at (925) 625-7000.
Please keep cell phones/electronic devices turned off during the meeting. Please be advised that City Council meetings are video recorded and attendees may appear on video.
Information Regarding Public Comment
Members of the public may address the Council on items of interest that are within the City’s jurisdiction. In compliance with State law, the council may not take actionor have discussion on any item that is not specifically listed on the agenda. Public comment on items not listed on the agenda will be heard under the Public Comments section of the agenda. Public comments on items listed on the agenda will be heard as the Mayor calls the items. In compliance with State law, the Council may not take action on an item that is not specifically listed on the agenda. If you would like to speak on any agenda item, please fill out a public speaker card available in the lobby and submit it to the City Clerk seated in the Council Chamber prior to the agenda item being called. The Mayor will call you by name to the podium to hear your comment.
PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. Online public comments are accepted until 5 p.m. the day of the meeting and can be submitted at
https://www.ci.oakley.ca.us/online-public-comment-card/.
1.OPENING MATTERS
Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
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
1.2 Pledge of Allegiance to the Flag
1.3 Proclamation Recognizing June as LGBTQ+ Pride Month (Jimmy Ramirez, Oakley Planning Commissioner; David Carrillo, Executive Director and Kevin Martin, Empowerment Program Coordinator and Training Manager, Center for Human Development's Empowerment Program)
Proclamation
1.4 Update from Contra Costa County Water District Director Connstance Holdaway and Oliver Symonds, Senior Public Information Specialist
1.5 Update from Contra Costa Mosquito and Vector Control District (Michael Krieg, Board Trustee)
1.6 Youth Council Report and Recognition from the National Alliance on Mental Illness (NAMI) (Lindsey Bruno, Recreation Manager)
2.PUBLIC COMMENTS
At this time, the public is permitted to address the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority on non-agendized items.
3.CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority with one single action. Members of the audience, Staff or the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor remove the item. The public may request to remove an item(s) to provide input by completing a public speaker card and submitting it to the City Clerk prior to the item(s) being called by the Mayor.
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 May 23, 2023 (Libby Vreonis, City Clerk) Minutes 05-23-23
3.2 Accept Report Out of Closed Session Memo (Derek P. Cole, City Attorney) Memo
3.3 Acceptance of work associated with the Holly Creek Park Restroom Construction Project – Capital Improvement Project Number 248 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Resolution
2. Notice of Completion
3.4 Award of Contract to Terracare Associates, LLC for City Parks and Landscape Maintenance Services(Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report
1. Proposal
2. Resolution
3.5 Award of Construction Contract to R & R Pacific Construction, Inc. for the Construction of Fiscal Year (FY) 2022/23 Street Repair and Resurfacing Project – Capital Improvement Project (CIP) Number 279 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Resolution
2. Bid Summary
3.6 Acceptance of Subdivision Improvements Associated with the Oakley Logistics Center (Phase 1) Subdivision 9513 located at Bridgehead Road and Wilbur Avenue (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report
1. Resolution
2. Subdivision 9513 Location Map
3.7 Acceptance of Subdivision Improvements Associated with the Oakley Logistics Center (Phase 2) Subdivision 9549 located at Wilbur Avenue and Industrial Way (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report
1. Resolution
2. Subdivision 9549 Location Map
3.8 Annexation Number 34 (Brownstone Subdivision 8803) to the City of Oakley Community Facilities District Number 2015-2 (Parks, Streetlight, Landscape, and Stormwater Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Unanimous Approval Form
2. Resolution Approving Annexation No. 34
3. Amended Boundary Map
4. Amendment to Notice of Special Tax Lien
3.9 Accepting the Subdivision Improvements Associated with Stonewood Unit 1A Subdivision 7662 located at southwest corner of Rose Avenue and Longhorn Way (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report
1. Resolution
2. Vicinity Map
3.10 Consideration of a Resolution Authorizing the Purchase of a 2023 Chevrolet Silverado 2500 HD for $55,858.54 from California Automotive Retailing Group, Inc. DBA Dublin Chevrolet (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Resolution
3.11 Adopt a Resolution Approving a list of projects for Fiscal Year 2023/2024 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 (Kevin Rohani, P.E., Director of Public Works/City Engineer) Staff Report
1. Resolution
3.12 Creating Zone 188 within the Oakley Special Police Tax Area consisting of the Honey Creekside project (Subdivision 9579) located at 463 and 560 Honey Lane (APNs 033-030-028 and 033-030-032) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Resolution Creating Oakley Special Police Tax Zone 188 1A. Exhibit A - Diagram
2. Ordinance Establishing a Special Tax
1A. Exhibit A - Diagram
2B. Exhibit B - Schedule for Police Service Tax
4.PUBLIC HEARINGS
4.1 Public Hearing to Consider Confirming the Diagrams and Assessments and Ordering the Levy and Collection of the Annual Assessments for Fiscal Year 2023-24 for the City of Oakley Street Lighting and Landscape Assessment District No. 1 (Kevin Rohani, P.E., Public Works Director/City Engineer) Suggested Action: Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Public Testimony, 5) Close the Public Hearing, 6) Request information from the City Clerk as to whether any written protests have been filed and what level of assessable land the protests represent in order to determine whether a majority protest exists 7) Deliberate, 8) Summarize the Deliberation 9) Adopt the Resolution
Staff Report
1. Resolution
2. Final Engineer's Report
4.2 Machado Lane Subdivision 9615 Rezone, Vesting Tentative Map, Final Development Plan, and Design Review (RZ 06-21, TM 03-21, FDP 01-21, DR 10-21) – Request for approval of a Rezone to P-1 (Planned Unit Development) District, a Vesting Tentative Map to subdivide approximately 20.11 acres into 76 single family residential lots, a Final Development Plan in conjunction with the P-1 District, and Design Review. APNs 033-190-003 and 033-190-004 and Adoption of a Mitigated Negative Declaration Findings, this Project, with Mitigations, Would not Require the Adoption of an Environmental Impact Report Under the California Environmental Quality Act. (Ken Strelo, Planning Manager) Suggested Action: Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Comments from the Applicant, 5) Receive Public Testimony, 6) Close the Public Hearing, 7) Deliberate, 8) Summarize the Deliberation 9) Introduce the Ordinance 10) Adopt the Resolution
Staff Report
1. Vicinity Map
2. Notice of Public Hearing
3. Applicant's Plans
4. Machado Lane Subdivision - Notice of Intent to Adopt a Mitigated Negative Declaration
5. Machado Lane Subdivision - Initial Study/Mitigated Negative Declaration 5a. Errata to Machado Lane Subdivision CEQA Documents
5b. Machado Lane Subdivision - Responses to Comments on IS/MND
6. Planning Commission Staff Report from February 7, 2023
7. Planning Commission Meeting Minutes from February 7, 2023
8. Planning Commission Resolution 4-23
9. Proposed Ordinance
10. Proposed Resolution
10a. Proposed Resolution Exhibit "A" Mitigation Monitoring Program
4.3 Consideration of an Ordinance to Update Mitigation Fees Imposed to Implement the East Contra Costa County Habitat Conservation Plan / Natural Community Conservation Plan (Ken Strelo, Planning Manager)
Suggested Action: Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Public Testimony, 5) Close the Public Hearing, 6) Deliberate, 7) Summarize the Deliberation 8) Introduce the Ordinance
Staff Report
1. Notice of Public Hearing
2. East Contra Costa County HCP/NCCP Mitigation Fee Audit and Nexus Study (February 2023)
3. Proposed Ordinance with Exhibit A-E
5.REGULAR CALENDAR
5.1 Consideration of Resolutions Adopting the Fiscal Year 2023-2024 Proposed Operating Budget, Statement of Financial Policies, Appropriations Limit, Adopting the Fiscal Year 2023-2024 Capital Budget and 5-Year Capital Improvement Program (CIP) for Fiscal Years 2023-2024 through 2027-2028 and Making Findings Related Thereto, and Approving Additional Sworn Police Positions on a Temporary Basis (Tim Przybyla, Finance Director) Staff Report
1. Proposed Operating Budget for Fiscal Year 2023-2024 and Proposed Capital Budget for Fiscal Year 2023-2024 and Recommended 5-Year Capital Improvement Plan for Fiscal Years 2023-2024 through 2027-2028
2. Internal Controls Report
3. First Resolution
4. Second Resolution
5. Third Resolution (pertaining to over-hiring of Police Officers)
5.2 Selection of Non-Profit Organizations to Operate Beer and Wine Concessions at select City Special Events (Lindsey Bruno, Recreation Director) Staff Report
1. RFP from Rotary Club of Oakley
2. RFP from East County All Star Fundraising
3. FPPC Response to Advice No. A-23-059
5.3 Authorization for the City Manager to Execute a Purchase and Sale Agreement with Thomas Properties Inc. for the sale of property located at 1033 Main Street and 5400 Neroly Road (APN 037-050-013 and APN 037-050-014) (Harumi Murata, Economic Development Analyst)
Staff Report
1. Overview of the proposed retail development projects
2. Draft Purchase and Sale Agreement
3. Draft Resolution
5.4 Adoption of Resolution Authorizing the Mayor to Execute an Amendment to the City Manager’s Employment Agreement Providing for an Increase in Salary from $250,000 to $277,500 Annually (Derek Cole, City Attorney) Staff Report
1. Resolution
2. Amendment to City Manager Employment Agreement
5.5 Adopt a Resolution approving the Salary Schedule for Fiscal Year 2023/2024 and authorizing the addition and removal of specific job classifications (Jeri Tejeda, Human Resources Director)
Staff Report
1. Resolution
2. 2023-2024 Salary Schedule
3. Administrative Technician Job Description
4. Resolution 26-23 Compensation and Benefits General Staff
5. Resolution 27-23 Compensation and Benefits Police Management Staff
6. Proposed City Manager Contract Amendment
6.REPORTS
6.1 CITY MANAGER
(a) City Manager
(b) Fireworks Update
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
(b) Requests for Future Agendas
7.WORK SESSIONS
7.1 55-Acre Park Discussion (Joshua McMurray, City Manager and Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. 2019 55-Acre Park Master Plan
8.CLOSED SESSION
8.1 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: Letter dated May 25, 2023 received from Electronic Frontier Foundation and ACLU of Northern California concerning use of automated license plate readers
Electronic Frontier Foundation and ACLU Letter
8.2 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
County of Contra Costa et al. (and City of Oakley) v. Monsanto Company et al., Contra Costa Sup. Ct. Case No. C22-02818
Schaefers v. BNSF Railway Company et. al. (and City of Oakley), Contra Costa Sup. Ct. Case Nos. C22-01552 and C22-01555
McCalister v. Moeckel at al. (and City of Oakley), Contra Costa Sup. Ct. Case No.
C23-00834
City of Oakley v. Scelsi, Contra Costa Sup. Ct. Case No. MSN16-1620
9.ADJOURN