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 June 13, 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 Dr. George Fuller, Hugh Henderson and Shannon Shaw were also present.
1.2 Pledge of Allegiance to the Flag
Councilmember Henderson led the 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)
Mayor Meadows presented the proclamation to Commissioner Ramirez and Mr. Martin on behalf of the City Council. Commissioner Ramirez and Mr. Martin provided comments.
1.4 Update from Contra Costa County Water District Director Connstance Holdaway and Oliver Symonds, Senior Public Information Specialist District Director Holdaway provided a PowerPoint presentation.
1.5 Update from Contra Costa Mosquito and Vector Control District (Michael Krieg, Board Trustee)
Board Trustee Krieg provided an update addressing invasive mosquitoes, use of drones to map and treat areas, and funding should an outbreak occur.
1.6 Youth Council Report and Recognition from the National Alliance on Mental Illness (NAMI) (Lindsey Bruno, Recreation Director)
Sergio Hernandez, Manuel Gutierrez and Yuliana Luna, members of the Oakley Youth Advisory Council (OYAC), provided a PowerPoint presentation.
Recreation Director Lindsey Bruno mentioned Outstanding Youth Award winners will be presented in July.
Gigi Crowder, Executive Director of NAMI Contra Costa, thanked OYAC for their work and video. She provided certificates to Ms. Bruno and OYAC participants. 2) PUBLIC COMMENTS
Richie Cruz, Field Representative with Carpenters Union Local 180 in Vallejo, commented on labor standards, including medical and retirement benefits, local hires and apprenticeships.
Sean Reese, Field Representative with NorCal Carpenters Union, requested area standard labor agreements to be used.
David Larsen commented on Main Street traffic congestion in the Downtown area and inquired if a bypass would be possible.
Mayor Meadows commented that at one time yes but not at this time; most of the traffic goes down Laurel to HWY 4.
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 May 23, 2023 (Libby Vreonis, City Clerk)
3.2 Accept Report Out of Closed Session Memo (Derek P. Cole, City Attorney)
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)
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)
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 ProjectCapital Improvement Project (CIP) Number 279 (Kevin Rohani, P.E., Public Works Director/City Engineer)
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)
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)
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)
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)
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)
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)
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)
No public comments were submitted.
Dr. Fuller pulled items 3.1 and 3.5.
It was moved by Dr. 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
Dr. Fuller requested a correction to the minutes for item 1.3 to reflect that Ms. Smith promised the projected ridership numbers on the train and the cross-county bus system.
It was moved by Councilmember Fuller and seconded by Councilmember Shaw to approve the minutes as corrected. Motion was unanimous and so ordered. (5-0) Item 3.5
Dr. Fuller expressed concern that he is uncomfortable approving anything with R&R until there is a presentation since there has been “smoke” regarding R&R not meeting proper requirements, pay, etc. He mentioned staff has provided assurance; however, he would like a presentation to provide information on how R&R consistently comes in so much lower than other bids and that they are following the proper wage requirements.
Mr. Rohani responded that all contracts go through an extensive vetting process, special interest groups made allegations all of which were unfounded with R& R on the Cypress Road project last year, all contracts require certified payroll and prevailing wages before invoices are paid, a peer review occurs to verify numbers, and this is a legitimate company. He shared that there were only 3 bids on this property and R&R submitted a very competitive bid.
Vice Mayor Williams commented that she reviewed information on prevailing wage, apprenticeships, etc. for R&R so the City does have record they are doing everything that the City has asked of them and that is required by labor laws; this information reassures her that this is the right bid to go with.
Mr. Rohani commented that there is a lot of work that goes on before the report comes to Council and he wants to make sure there is confidence in the process.
Dr. Fuller commented it is no reflection on staff’s work; he has reviewed background documents and agrees staff has done a thorough job and that there are special interest groups looking at wage consideration, and he understands R&R has its equipment, materials and labor close by, but for some reason they are targeted and he would feel more comfortable if there is a presentation that would also allow some of the people writing letters to provide testimony.
Mr. Rohani explained that he and the City Attorney have responded to letters and have not heard back any further from those they have responded to; they just try to create “smoke”, it is part of the process.
It was moved by Vice Mayor Williams and seconded by Councilmember Shaw to award the contract as presented. AYES: Henderson, Meadows, Shaw, Williams. ABSTENTION: Fuller. (4-0-1)
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) Public Works Director/City Engineer Kevin Rohani presented the staff report.
There were no questions from the City Council.
Mayor Meadows opened the public hearing and called for public comments.
No public comments were provided, therefore Mayor Meadows asked if any property owners would like to turn in a written protest regarding the levy of Street Lighting and Landscape Assessment District No. 1 assessments for FY 2023-2024.
No written protests were submitted; therefore, Mayor Meadows closed the public hearing and asked the City Clerk to report if there is a majority protest regarding the levy of Street Lighting and Landscape Assessment District No. 1 assessments for FY 2023-24 and the City Clerk reported there were none.
It was moved by Councilmember Henderson and seconded by Councilmember Shaw to adopt the resolution. Motion was unanimous and so ordered. (5-0)
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) Planning Manager Ken Strelo presented the staff report and provided a PowerPoint presentation.
Mayor Meadows called for questions from the City Council.
Vice Mayor Williams inquired if E. Cypress improvements will be completed before any homes are built.
Mr. Strelo confirmed that they will be completed.
Mayor Meadows inquired who required no natural gas.
Rod Stinson, Vice President/Air Quality Specialist with Raney Planning and Management, Inc. responded that it was an Air District requirement as a threshold of significance in the GHG analysis as a mitigation measure in the CEQA process.
Mayor Meadows commented that he is aware Bay Area Quality Control District wants to do away with natural gas and that it passed a resolution, but he thought it applied in the future.
Mr. Stinson explained through the threshold of significance in the CEQA process, they have best management practices-based thresholds rather than numeric and there must be a showing of no natural gas to meet the threshold.
Mayor Meadows opened the public hearing and asked if the applicant had any comments.
Applicant Kevin Freyer with MLC Holdings explained the work they have done to get to this point, and he addressed traffic and road improvements.
Mayor Meadows called for public comments.
Leopoldo Becerra provided public comment that was made part of the meeting record.
Mayor Meadows closed the public hearing and called for Council deliberation.
Dr. Fuller commented that he is pleased the applicant addressed the prior Council’s concerns and it is one of the better plans he has seen. He mentioned the land by Sellers is too valuable and developers will continue to purchase it and build and to stop it would be very difficult.
Councilmember Shaw expressed gratitude for the applicant having heard the prior Council and changing the plans, and for working with staff to improve E. Cypress.
Ordinance: It was moved by Councilmember Shaw and seconded by Vice Mayor Williams to waive the first reading and introduce the proposed ordinance for Rezone. Motion was unanimous and so ordered. (5-0)
Resolution: It was moved by Dr. Fuller and seconded by Councilmember Shaw to adopt the proposed resolution, including modification of CEQA Mitigation Measure VIII-1 and adoption of the Initial Study/Mitigated Negative Declaration that also applies to Rezone entitlement. Motion was unanimous and so ordered. (5-0)
Mayor Meadows called for a 5-minute break at 7:59 p.m. and thereafter the Council reconvened.
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)
Planning Manager Ken Strelo presented the staff report.
Mayor Meadows called for questions from the City Council; there being none, he opened the public hearing and called for public comments.
No public comments were submitted, and Mayor Meadows closed the public hearing.
There was no deliberation by the Council.
It was moved by Vice Mayor Williams and seconded by Councilmember Henderson to waive the first reading and introduce the ordinance updating the mitigation fees imposed to implement the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan.
Motion was unanimous and so ordered. (5-0)
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)
Finance Director Tim Przybyla presented the staff report and provided a PowerPoint presentation.
Dr. Fuller inquired what debts the City is servicing for $2.2 million and if it includes Carol Lane.
Mr. Przybyla mentioned he believes the only debt service is the Recreation Center, but he will get back to him.
Dr. Fuller referred to the bonds issued for Carol Lane.
City Manager Joshua McMurray mentioned the City loaned funds for the Carol Lane project and over time as they generate income, they will pay the City residual payments, but they have not yet started.
Mr. Przybyla added that the City has loaned funds for senior projects and has received some residual payments, but he is not certain if that has come from Carol Lane; he will get back to him.
Dr. Fuller indicated he is satisfied with Mr. McMurray’s response and no further research is needed from Mr. Przybyla.
Vice Mayor Williams inquired what the benefit is to have the policy change for community facilities districts (CFDs) to be added to the asset life cycle replacement program.
Mr. Przybyla mentioned the benefit is the method of budgeting which they have been doing for landscape and lighting districts and CFDs, this just makes it an official policy.
No public comments were submitted.
Resolution 1: It was moved by Dr. Fuller and seconded by Vice Mayor Williams to adopt a resolution approving the Fiscal Year 2023-2024 Proposed Operating Budget, Statement of Financial Policies and Appropriations Limit. Motion was unanimous and so ordered. (5-0) Resolution 2: It was moved by Vice Mayor Williams and seconded by Councilmember Henderson to adopt a resolution approving the Fiscal Year 2023-2024 Capital Budget and CIP for Fiscal Years 2023-2024 through 2027-2028 and confirm the CIP is consistent with the adopted Oakley General Plan and meets the requirements of Section 65401 of the Government Code.
Dr. Fuller mentioned he has the same objections he has had with projects 205, 215 and 270 regarding the train platform and gateway park therefore he will be voting no unless the Council bifurcates them out. He expressed that he is pleased with project 287 to have shade at the dog park. He mentioned project 298 involves traffic calming and while he understands it, he hopes it does not result in shutting down the Downtown. He mentioned the ADA goes back to 304 and he is still concerned about $50k against $100 million in costs.
AYES: Henderson, Meadows, Shaw, Williams. NOES: Fuller. (4-1) Resolution 3: It was moved by Councilmember Henderson and seconded by Councilmember Shaw to adopt a resolution to approve temporary over-hiring for two Police Officer positions.
Motion was unanimous and so ordered. (5-0)
5.2 Selection of Non-Profit Organizations to Operate Beer and Wine Concessions at select City Special Events (Lindsey Bruno, Recreation Director) Recreation Director Lindsey Bruno presented the staff report.
No public comments were submitted.
It was moved by Councilmember Henderson and seconded by Vice Mayor Williams to approve the assignments of beer and wine concessions to the Rotary Club of Oakley for Summer Fest and to East County All Star Fundraising for the Heart of Oakley Festival. Motion was unanimous and so ordered. (5-0)
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)
Economic Development Analyst Harumi Murata presented the staff report and provided a PowerPoint presentation.
No public comments were submitted.
Sam Thomas with Thomas Properties shared East County projects they have been worked on and are currently working on and mentioned there is a priority retailer they are working with and a secondary option.
Mayor Meadows commented he prefers the primary retailer.
Vice Mayor Williams shared that the City Council receives a lot of criticism for allowing fast food, gas stations and car washes and because this is a City-owned property, if the priority retailer or similar use does not occur, she does not feel comfortable with the secondary option.
City Manager Joshua McMurray explained it is the purview of the Council to make that decision and if this were the consensus of the Council, staff would have to discuss it with Thomas Properties and there is a possibility there may be no agreement as it needs to be economically viable for them. He mentioned staff has expressed to Thomas Properties the Council’s concerns and that the priority retailer or like use is strongly desired. He mentioned this a highway accessible area unlike other areas near housing and schools in the city where some of the other uses have been proposed.
Mr. Thomas shared that the priority retailer has been in the market a while and they have already completed their tour. He added Thomas Properties has a long working relationship with the City and they provide transparency and trust.
Dr. Fuller mentioned to the east of the site there is a trailer park with temporary and permanent structures. He inquired if it is zoned residential.
Mr. McMurray explained it is zoned commercial and he does not believe they have any intention to sell at this time.
Dr. Fuller inquired if the secondary uses would require a conditional use permit (CUP).
Mr. McMurray confirmed that any fast-food establishment, gas station or car wash would require a CUP, as well as an agricultural store because of the outdoor storage, so anything in the schemes shown would require a CUP and design review.
Dr. Fuller inquired what type of car wash would be proposed and if it would include a full-service car wash.
Mr. Thomas explained it depends on the field operator; the field operator is established and then the site plan is developed. He mentioned if a full-service car wash operator is available and provides a proposal, it could be considered.
Mayor Meadows mentioned he prefers the first scheme and would like Thomas to push hard for it, but he is not opposed to the second scheme because the site is located near the highway and is appropriate for those uses.
Dr. Fuller expressed that his preference is a sit-down restaurant, but he has agreed with Mayor Meadows in the past that a drive-through that fits in with the community and area can be advantageous. He mentioned he has heard from the community that it is not necessarily opposed to drive-throughs but not in areas such as Laurel Plaza where the developer made a capitalistic move to maximize profit without regard to safety or the surrounding community which was resented by the community. He mentioned Thomas Properties has proposed uses that fit in with the community although he has concern regarding Quick Quack because even though the trailer park to the east is zoned commercial, it is still home to those who live there. He shared his opinion; a full-service car wash is more contained and has limited hours causing less disturbance. He mentioned it is a valuable piece of land and there is no reason for him to say there should not be a gas station on it. He expressed appreciation for an ag business but is uncertain how well it would do in this area. He mentioned his preference would be for a sit-down restaurant, i.e., Denny’s, but he understands restaurants are moving toward take-out and drivethroughs to survive. He indicated he is comfortable with Thomas Properties’ approach.
Councilmember Shaw mentioned option 1 is the best option and while she understands there are other uses of gas stations, fast-food and car washes in the area, she agrees with Vice Mayor Williams that if it is possible to limit it to option 1, she would like to see what that would look like.
Councilmember Henderson agreed that the ag business is preferred but they shouldn’t delay the sale of this property even if it means having to go through CUPs with gas stations, car washes or fast food.
Vice Mayor Williams shared she has been receiving a lot of comments regarding Wendy’s that is not yet built and there has been no interest in the empty drive-through across the street.
Mayor Meadows commented that it is not feasible.
Vice Mayor Williams continued to say that there are things sitting there already and she would like to take into consideration what they heard from their economic consultants who determined Oakley has enough drive-through, car washes and fast-food type businesses and recommended more living wage jobs. She added that an ag store would provide higher wages than fast-food and because of its proximity to the Logistics Center, she believes they can put more restrictions on it to make it those types of businesses. She mentioned the area is saturated with fast-food, gas stations and car washes and she doesn’t feel it is the responsible thing to do when the City owns the property if they can’t guide it better and it sets the developer up for failure if they have many conditions on them for CUPs.
Dr. Fuller commented it is his understanding that there is discussion when drawing the plans about conditions so when it comes to the Council, the Council is not adding those conditions at that time.
Mr. McMurray mentioned it would be a completely collaborative process.
It was moved by Dr. Fuller and seconded by Councilmember Henderson to adopt the resolution approving the Purchase and Sale Agreement as presented. AYES: Fuller, Henderson, Meadows. NOES: Shaw, Williams. (3-2)
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) City Attorney Derek Cole presented the staff report.
No public comments were submitted.
Dr. Fuller thanked Mayor Meadows and Vice Mayor Williams for their work on negotiations on this matter. He mentioned it is his understanding that Mr. McMurray has not had any salary increase in 2 years, so they are catching up on the cost-of-living adjustment and he has done an exemplary job to warrant additional increase beyond that.
It was moved by Dr. Fuller and seconded by Councilmember Shaw to adopt the resolution authorizing the Mayor to execute an amendment to the City Manager’s Employment Agreement.
Motion was unanimous and so ordered. (5-0)
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)
Human Resources Director Jeri Tejeda presented the staff report.
No public comments were submitted.
It was moved by Dr. Fuller and seconded by Vice Mayor Williams to adopt the resolution approving the Salary Schedule for Fiscal Year 2023/2024 and authorizing the addition and removal of specific job classifications. Motion was unanimous and so ordered. (5-0) 6) REPORTS
6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray reported that a public survey is available for the next few weeks on the City’s website regarding the bridge connection for the Marsh Creek Restoration Project, there will be only one City Council meeting held in each June, July and August, the City’s inaugural Juneteenth celebration will be held June 17, 10am-1pm at Civic Center Plaza, and the City’ 2nd Annual Summer Fest will be held July 1, 11am-5pm at Civic Center Plaza. (b) Fireworks Update
Chief of Police Paul Beard provided an update on fireworks including data regarding past calls for service and cases during 2020, 2021 and 2022 which showed a 40% decrease in calls for service between 2020 and 2021, and a 35% decrease for calls for service between 2021 and 2022. He emphasized the focus is on education, but fines will be used. He shared that Police is co-branding with Fire to bring awareness and education and that educational flyers/forms were issued last week to areas of the city where there has been a persistent concentration of fireworks. He mentioned they will also use safety signs and social media for education. He discussed staffing during the period of June 30-July 4, including a drone pilot available on duty.
He expressed hope that through education there is a decrease in activity and less necessity for citations.
Councilmember Shaw inquired if Police is open to suggestions regarding where to distribute educational flyers which Chief Beard confirmed they are.
Vice Mayor Williams requested the number of calls for service for 2022 which Chief Beard responded was 83.
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
Dr. Fuller reported he attended the Memorial Day celebration and met with Wendy Fabian, Constituent Case Manager for Assemblymember Lori Wilson, and that Assemblymember Wilson has breast cancer, and he has concern she may not be able to perform many of her duties. In relation to the handouts he provided, he mentioned last year during an Association of Bay Area Governments (ABAG) meeting, Berkeley’s mayor was very upset that their city would have to meet 8,900 RHNA affordable housing units and has proposed a 2024 ballot measure for the state to offer millions of dollars for building affordable housing units but the catch is that places like Berkeley and Oakland that have large numbers of RHNA affordable housing unit numbers to meet could transfer it out to “open areas” to reduce their numbers. He referenced his handouts including The New York Times article regarding sentiment of “not in my backyard” in Berkeley, AB 1657 (Wicks) proposing $10 million in bonds which includes a clause that the legislature can change housing requirements which includes RHNA and would allow Berkeley to be excused from housing requirements if it builds in open areas such as ours, and SB 555 (Wahab) in which a blue commission would decide how the funding is distributed. He mentioned it will be an uphill battle if passed and it is discriminatory. He mentioned ABAG will discuss it June 16th.
Councilmember Henderson reported he attended the Diablo Water District meeting on May 24th, the Memorial Day ceremony, Friday Night Bites on June 2nd, and the 40th officer swearing-in yesterday and the City is now fully staffed.
Councilmember Shaw shared she attended the Tri-Delta Transit meeting, the Memorial Day event on May 27th, the Mayors Conference on June 1st, the Clayton Pride parade on June 4th, and on June 7th she met with Supervisor Burgis to discuss the library, park, E. Cypress and all things Oakley and how she wants to continue to support Oakley. She also reported she spent the afternoon with Assemblymember Lori Wilson and Wilson is undergoing treatment but is doing well and hopes her treatment will end in the fall; they were both at the Contra Costa Building & Construction Trades Council luncheon. She reported she attended the Meals on Wheels gala on June 10th and a celebration for the City being fully staffed and the swearing-in ceremony for Oakley’s 40th officer on June 12th. She shared she joined Empowered Aging’s Hear Me, See Me campaign.
Mayor Meadows reported last week he attended the TRANSPLAN/ECCRFA/HWY-4 Bypass Authority meeting, the Mayors Conference on June 1st, the swearing-in ceremony for Oakley’s 40th officer and celebration for the City being fully-staff, and the Memorial Day celebration. He announced he will attend the MCE meeting this Thursday. (b) Requests for Future Agendas
Dr. Fuller requested a work session in July to discuss AB 1657 and related bills and for the City Attorney prepare a legislative analysis to determine how it may impact Oakley and go from there. Councilmember Shaw and Mayor Meadows supported it.
Mayor Meadows called for a break at 9:30 p.m. and thereafter the Council reconvened. 7) WORK SESSIONS
7.1 55-Acre Park Discussion (Joshua McMurray, City Manager and Kevin Rohani, P.E., Public Works Director/City Engineer)
City Manager Joshua McMurray presented the staff report.
Mayor Meadows inquired if Mr. McMurray has had any conversations with bass fishermen regarding access from the site to where they go because it looks like a lot of slow water to get to fast water.
Mr. McMurray confirmed staff has spoken with people the City is partnering with and others in the community who believe this is a viable place to access the Delta. He mentioned he has heard that Big Break is viable but not a favorite launch for fishermen and boaters; a facility further east is desired.
Vice Mayor Williams inquired if it is all conceptual at this time and there is nothing to look at.
Mr. McMurray explained they have community feedback from one meeting and a survey but it would be unfair to present a plan at the second community meeting without having Council direction because there is time and cost associated with it.
Vice Mayor Williams inquired if it would eliminate the ballfields.
Mr. McMurray confirmed it would not eliminate the ballfields but would reduce the number of ballfields.
Vice Mayor Williams commented that there would not be sufficient ballfields to host tournaments.
Mr. McMurray confirmed that is correct and noted that the City is working with developers who are developing or will be developing in coming years massive sports fields in the Summerlake North area and they are poised to construct it faster than the City would be able to with the 55- acre park project.
Vice Mayor Williams expressed Oakley families probably will not want to camp here which is fine because outside visitors support economic development. She inquired what is being added for family entertainment.
Mr. McMurray explained staff would like to keep the kayak and beach access as currently there is nowhere in Oakley to access the Delta. He mentioned a second dog park could be explored or other day uses.
Vice Mayor Williams requested if the ballfields are to be reduced for there to be more familyoriented amenities included as options, i.e., batting cages, mini golf, other activities that could be run by concessionaires. She inquired if motorized boats are launching from the site where non-motorized devices would launch from.
Mr. McMurray indicated they would be in the same location as the space is limited. He mentioned there could be defined spaces for kayak and paddleboards as well as motorized boats and roped area beach/swim access, but they would share the water which is no different than other marinas such as Big Break.
Mayor Meadows commented there are 37 proposed uses on the plan and probably 30 too many. He mentioned he wanted to see athletic fields to bring tournaments in, but this new plan makes sense as unlike athletic fields that can be placed anywhere in Oakley, aquatic uses can only be by the water, so the site makes sense for the uses Mr. McMurray mentioned. Regarding camping, he mentioned he believes locals would use it, i.e., Boy Scouts, and it would be a different demographic for the uses mentioned than it would be for sports fields; there are people in Oakley other than athletes to also consider. He expressed that he would like the focus to be more on aquatic and camping use without overloading the site with too many amenities.
Dr. Fuller agreed with Mayor Meadows, expressing there is too much in the plan. He mentioned there are other agricultural opportunities around the area and what would be to gain by having more at this park, as well as the Burroughs tract house on the property. He suggested the Emerson house could be preserved as a historical sight with views of the Delta. He agreed water access is important for those with and without a boat and there should be open access to the Delta as it is a great local amenity. He mentioned local trails connect to this area and would be great for backpacking and camping along the water. He mentioned the fields are too remote which may hurt their opportunity for grants; he would like to see the fields come out of that area and be closer to the city for access. He mentioned there is play equipment throughout the city to access but the picnic area is fine. He suggested the focus be on water access and open, outdoorsy recreation with less concentration on sports.
Councilmember Henderson supported the idea of working on water access as it is probably the only piece of property that the City owns that it could do something directly into the waterway and it would be a missed opportunity if they don’t explore access. He suggested looking at what other agencies, i.e., East Bay Regional Parks District, ae doing regarding camping and day use opportunities.
Councilmember Shaw inquired if they are referring to tent or RV camping.
Mr. McMurray mentioned it could be both and there may be an opportunity to partner with other agencies. He mentioned he envisions camping like the East Bay Regional Parks District model where certain alcohol is prohibited, there are park hours and park rangers making rounds, not raging parties like at some RV resorts or KOAs.
Councilmember Shaw commented she is not in favor of RV-type camping and she believes there are too many amenities on the plan; she would like to do a few things and do them well.
She inquired what the cost would be to explore dual options, the ballfields concept, and this new concept, as she doesn’t want to get too far down the road and find out it is not viable. She mentioned food trucks on the water might be another idea. She agreed if the ballfields are scaled back, she would like to see something more youth-friendly and would like to bring the Oakley Youth Advisory Council (OYAC) into the discussion. She mentioned Supervisor Burgis mentioned there might be some funding opportunities which she would like to explore.
Dr. Fuller suggested looking at the East Bay Regional Parks District’s site in Oakland. He mentioned he thinks the City will go further with grant funding opportunities if it includes diversity, equity and inclusion.
Mayor Meadows mentioned he believed it is Chabot Regional Park that Dr. Fuller mentioned.
Vice Mayor Williams mentioned they need to make a good faith effort to move it forward for grant funding as this would be the third iteration they are considering so she would like to see the dual plans move forward.
Mr. McMurray confirmed dual plans are possible if it is the consensus of the Council and the community can provide input.
Vice Mayor Williams expressed concern if the community likes the newer concept and then they find out it is not viable.
Mr. McMurray expressed that he understands the concern and believes if there is community and political support, where there is will, there is a way. He mentioned it would be premature without community support to engage stakeholders.
Vice Mayor Williams inquired if this plan is going to be presented to the community or the newer concept which Mr. McMurray confirmed would not be this plan but a completely different plan.
Councilmember Shaw expressed she would like it mentioned to the community when presented in July that this is a concept and they do not know whether there would be support for it; it may not be something the City can do if there are roadblocks or something that could stop it.
Mr. McMurray agreed.
No public comments were submitted.
8) CLOSED SESSION
Mayor Meadows announced the closed session items and indicated after closed session the meeting would be adjourned, and the next regular meeting will be held July 11, 2023 at 6:30pm in the Oakley City Council Chambers.
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
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
There being no further business, the meeting was adjourned at 10:40 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk