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 September 12, 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 (Parker Holder, Laurel Elementary School Student)
Laurel Elementary School Student Parker Holder led the Pledge of Allegiance to the Flag.
1.3 Update from Diablo Water District General Manager Dan Muelrath Diablo Water District General Manager Dan Muelrath provided a PowerPoint presentation.
In relation to the portion of Mr. Muelrath’s presentation that addressed a 20% reduction in residential water in the next 7 years, Dr. Fuller inquired how it will be measured and if newer homes with energy efficiencies will be in the same categories as older neighborhoods.
Mr. Muelrath mentioned 20% is the state number and they recognize that some customers may have only 5% more reduction they can make due to efficiencies already in place whereas others may have 30-40%. He mentioned they will not be targeting the customer, but rather taking a community approach.
Mayor Meadows commented that he likes that the District is proactively calling customers when a spike in usage is noticed.
1.4 Update from Nonprofits Awarded American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Grant Funds (a) Joey Ogo, Director/CFO, Be Exceptional (b) Janette Kennedy, Executive Director, Development and External Relations, Loaves and Fishes of Contra Costa (c) Robin Ryder, Founder/President No Paws Left Behind Kitty Rescue (d) Marivel Mendoza, Co-Founder & Executive Director, Hijas del Campo
Loaves and Fishes of Contra Costa
Janette Kennedy, Executive Director, Loaves and Fishes of Contra Costa, provided a PowerPoint presentation.
Vice Mayor Williams requested the hours of operation for the Oakley location and Ms. Kennedy responded that the Oakley location hours are 11:00 a.m.-12:45 p.m. Monday through Friday, and its website has locations, service hours, and directions.
No Paws Left Behind Kitty Rescue
Robin Ryder, Founder/President, No Paws Left Behind Kitty Rescue, shared work they are doing with spaying/neutering services, fostering, education for the public, and a new partnership, all because of the ARPA grant money awarded.
Vice Mayor Williams inquired what their plan is for future funding and Ms. Ryder responded that the cost per animal is approximately $176 to fix and vaccinate, and they will continue fundraisers and campaigns in their work and in helping the City.
Mayor Meadows inquired about the 85 cats Ms. Ryder mentioned during her presentation and if people bring the cats to them or if they trap them and Ms. Ryder responded that both happen.
She explained that they have a TNR (trap, neuter, return) program which they recently applied to cats on Delta Road as well as people contacting them, and they cover the cost for everything, i.e., supplies, food, medical, fostering.
Hijas del Campo
Executive Director Marivel Mendoza and Program Director Dorina Salgado-Moraida with Hijas del Campo, provided a PowerPoint presentation.
Dr. Fuller inquired if there are concentration areas in Oakley of the distribution mentioned during their presentation and Ms. Mendoza mentioned it is all over the City.
Vice Mayor Williams inquired what their plan is for future funding and Ms. Mendoza explained they will raise funds and get donations from the community, i.e., back to school drive, Halloween costume drive for new costumes, and support from the community health fund.
Be Exceptional
Joey Ogo with Be Exceptional, shared that funding has been applied toward recreation classes. social events, skateboarding, tumbling, gymnastic, dance, biddy sports, a sensory room, social groups/growth, to provide an inclusive program, and now with a location, they can increase the volume of Oakley participants.
Vice Mayor Williams inquired what their plan is for future funding and Mr. Ogo explained increased participants provides increased funding and they are looking to grow into a new location.
Mayor Meadows inquired where they are located, and Mr. Ogo responded in downtown Antioch.
1.5 Presentation-Oakley Chamber of Commerce (Oleksii Chuiko) Oleksii Chuiko provided a Powerpoint presentation and announced he will host a Chamber kickoff meeting on September 20, 2023, beginning at 6:00 p.m. in the Oakley City Council Chambers.
Dr. Fuller thanked him for recognizing and supporting non-profits in the community along with what he is doing with businesses.
2) PUBLIC COMMENTS
Mayor Meadows announced online public comments were received and will be made part of the meeting record. He called upon Lauren Stone to speak but she was not present. Online public comments were submitted by Bethe Mounce, Daniel Molleson, Lauren Stone, Michael Dupray, Blank Blank, Ryan Hink and Anonymous 1.
Michael Dupray submitted written comments which he read aloud with some modifications.
Bud Chaddock discussed the pond at Emerson Park, toxic algae, the need for aeration of the pond, and before more ponds are built, to take care of it in a better manner.
Lisa Gonsalves suggested placing arrows on Main Street heading in the direction of the freeway for safety to let drivers know there is only one lane.
Oke Johnson, Executive Vice President of WinnResidential, the property management company for The Oaks, mentioned there are 509 units and more than 2,500 residents at The Oaks. He mentioned they take pest control very seriously and they know from experience that pest control problems are not irradicated in one treatment nor are they solved in isolation from other factors like housekeeping, ability to effectively treat units, the condition of surrounding apartments, abutting properties or undeveloped land, or the pest itself; it takes time to be effective and cooperation and partnership of residents. He mentioned at The Oaks, pest control is performed twice a month on individual apartments, interior common areas and the building exterior. He also mentioned that management inspected 509 units and those that identified with pest issues are slated for treatment and will remain on the treatment list until their vendor communicates to them that those treatments have been successful. He added that last month, 56 apartments were inspected and determined to need treatment (42 had requested treatment and 14 were identified as needing treatment); unfortunately, 19 of the 56 either denied entry for the vendor or did not cooperate with preparation for service which means pest control cannot be effectively administered. He mentioned in cases where housekeeping is chronically contributing to pest control issues and where residents refuse to cooperate with control measures, they have and will continue to initiate eviction proceedings against households that have consistently refused to cooperate because if one household refuses to cooperate, it contributes to pest issues for the entire community. He encouraged all residents to report all maintenance issues, including pest issues, to management staff (online, by phone, or in person) so they may be addressed promptly. He added that they cannot address individual concerns that have not been reported to them and they evaluate and adjust their operation as needed to meet demands because they take their mission and responsibility seriously. He expressed that they hear, understand, and appreciate the concerns expressed by their residents and they have raised the bar of expectations of their staff. He asked that residents work with them as active, constructive partners in this effort.
John Gonzalez submitted a public speaker card that was 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/Public Financing Authority Meeting held August 8, 2023 (Libby Vreonis, City Clerk)
3.2 Approve Minutes from the Special City Council Meeting held August 22, 2023 (Libby Vreonis, City Clerk)
3.3 Accept Report Out of Closed Session Memo (Derek P. Cole, City Attorney)
3.4 Ratify Election: Adopt Ordinance No. 4-23 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 188 within the Oakley Special Police Tax Area for Police Protection Services for 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)
3.5 Acceptance of Work Associated with the Sheriff Annex Building Demolition Project-Capital Improvement Project Number 271 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.6 Review and Adoption of 2023 Economic Development Work Plan (Harumi Murata, Economic Development Analyst)
3.7 Approval of Response to Civil Grand Jury Report No. 2306, Affordable Housing: A Plan Without a Home (Joshua McMurray, City Manager)
3.8 Annexation No. 35 (Honey Creekside SD 9579) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (Kevin Rohani, Public Works Director/City Engineer)
3.9 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)
3.10 Annexation No. 36 (McDonald’s at Laurel Plaza) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (Kevin Rohani, P.E., Public Works Director/City Engineer) Dr. Fuller requested agenda items 3.6 and 3.7 be pulled for discussion.
It was moved by Dr. 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
Dr. Fuller requested to change page 2, Competitive Analysis, Challenges, bullet point reading:
“Senior population (age 60+) is growing at a much faster rate than the incoming talent pipeline (under age 19) which could indicate a future workforce shortage; fortunately Oakley employers can draw from a workforce of 1.2 million in a 30-mile radius.” He mentioned he takes issue with saying the talent is under the age of 19 and the burden is age 60+ since many people are working past 60 years of age, sometimes even 70 years of age. He requested the bullet point be changed to read: “Senior population (age 60+) is growing at a much faster rate than the under age 19 population which could indicate a future workforce shortage; Oakley employers can draw from a workforce of 1.2 million in a 30-mile radius.”
Mayor Meadows commented that he is okay with that and does not want “unfortunately” included. He inquired if the Council is okay with that and there were no objections.
Dr. Fuller requested to change page 17, Challenges, bullet point reading: “The share of Oakley’s population with higher education degrees is unimpressive (18.6%), fortunately employers are able to draw workers from throughout the county which reports 42% of the population over the age of 25 has a bachelor, graduate, or doctorate degree.” He expressed that it bothers him that they are marginalizing those without higher degrees through use of the words “unimpressive” and “fortunately”. He requested the bullet point be changed to read: “The share of Oakley’s population with higher education degrees is 18.6%, employers are able to draw workers from throughout the county which reports 42% of the population over the age of 25 has a bachelor, graduate, or doctorate degree.” He mentioned they have a diversified work force, and everyone is making a contribution.
Councilmember Shaw requested clarification if Dr. Fuller is requesting to remove “unimpressive” and “fortunately” and Dr. Fuller confirmed that is correct. Councilmember Shaw confirmed she is fine with that.
Councilmember Henderson approved.
It was moved by Dr. Fuller and seconded by Councilmember Shaw to adopt the resolution with the aforementioned changes to the 2023 Economic Development Work Plan. Motion was unanimous and so ordered. (5-0)
Item 3.7
Dr. Fuller commented that the portion of the draft response for F9 concerns him that reads:
“Voters need to approve virtually all new funding or financing mechanisms to generate the revenues or funds needed to preserve existing affordable housing and construct or finance new affordable housing. The Board of Supervisors and Town/City Councils cannot, for example, float bonds any longer without voter approval.” He mentioned this will become a public document and they have not yet decided on AB 1657 or SB 555 of which they are not sure they are backing because they wish to maintain local control, but here they would be saying bond money is needed to sustain affordable housing. He suggested they change it to exclude the aforementioned portion and add, “Municipalities cannot arrange for financing of affordable housing.” He explained that he could see someone reaching down in a campaign and saying that if bonds are passed ($20 billion), Oakley will fill affordable housing.
Mayor Meadows requested clarification if Dr. Fuller is requesting to remove “…ability to create new funding sources.”
Dr. Fuller confirmed to remove that portion and the remainder. He made a motion to approve the item with those changes. The motion died for lack of a second.
It was moved by Councilmember Henderson and seconded by Councilmember Shaw to approve the item as presented by staff. AYES: Henderson, Meadows, Shaw, Williams. NOES:
Fuller. (4-1)
4) PUBLIC HEARINGS
4.1 Adoption of the State of California Density Bonus Law (SDBL) - Repeal Local Density Bonus Regulations (Oakley Municipal Code Section 9.1.412) and Replace with Adoption of the State Density Bonus Law by Reference (RZ 03-23) (Ken Strelo, Planning Manager)
Planning Manager Ken Strelo presented the staff report and provided a PowerPoint presentation.
Mayor Meadows called for questions of the Council. There being none, he opened the public hearing and called for public comments. There being none, he closed the public hearing.
Dr. Fuller expressed concerned regarding AB1657, SB 555, and others coming out of the Assembly and Legislature and in the past, because the state has and is redefining our density.
He mentioned there is a clause in AB 1657 that they can change requirements for affordable housing, and this is how the state works in relation to SB 9. He shared that he will vote for the item but this is one example how the state dictates how the City uses its land and that is disconcerting to him and he thinks many others.
Councilmember Shaw commented that this looks like it includes a link to the state website, not a copy and paste of state law within. She inquired if it is required and keeps the City from having to update it anytime the law changes, but staff will still keep on top of any changes.
Mr. Strelo explained that there could be extra allowances to developers if the City is not in compliance with state law, and thus far staff has been relying on the clause that indicates any inconsistency falls on state law and this would eliminate that. He further explained that any changes in state law would supersede this ordinance.
Councilmember Shaw commented that she wants to know when any changes that affect the City occur so they are aware and Mr. Strelo agreed that staff can provide updates to the Council.
It was moved by Vice Mayor Williams and seconded by Councilmember Shaw to waive the first reading and introduce the ordinance. Motion was unanimous and so ordered. (5-0)
4.2 Grand Cypress Preserve Development Agreements Master Amendment (DA 01-23) Continued from August 8, 2023 (Ken Strelo, Planning Manager) Mayor Meadows announced staff has requested to continue this item to date uncertain. 5) REGULAR CALENDAR
5.1 Oakley Union Elementary School District Freestanding Electronic Reader Boards (SP 03-23) Consideration of a proposed Sign Permit to replace multiple letterboard marquee static freestanding signs along various elementary and middle school frontages with double-sided freestanding electronic reader boards (Ken Strelo, Planning Manager)
Planning Manager Ken Strelo presented the staff report and provided a PowerPoint presentation.
It was moved by Vice Mayor Williams and seconded by Dr. Fuller to adopt the resolution. Motion was unanimous and so ordered. (5-0)
5.2 Adopt a Resolution to Establish an Affordable Housing Ad-Hoc Advisory Committee (Joshua McMurray, City Manager)
City Manager Joshua McMurray presented the staff report.
Vice Mayor Williams commented that Mayor Meadows asked for the committee to be specific to Carol Lane and the name of this committee seems more general. She inquired if the intent is for it to be broader or a narrow focus.
Mr. McMurray responded that he understood the ask from the Mayor was to form an ad-hoc committee with the intent to address the issues at Carol Lane. Mayor Meadows confirmed that is correct.
Vice Mayor Williams suggested they reduce confusion and name it more specifically for clarity.
Dr. Fuller requested they add that the ad-hoc committee will focus on The Oaks, with the December 31, 2023 deadline and they can bring it back if needed, and the ad-hoc committee will not take action without the entire Council.
Public Comments
Michael Dupray submitted an online public comment that was made part of the meeting record.
Oke Johnson, Executive Vice President for WinnResidential, commented he endorses the concept of an ad hoc committee to support affordable housing residents, owners and operators in Oakley as safe and affordable housing is a vision that they all share, and community support and partnership play an important part to its success. He requested owners and operators be included. He reminded all that affordable housing is heavily regulated field at the federal, state and local level and requested that committee members receive training on subsidy programs, income restrictions for the area, Fair Housing law and regulations that govern landlord/tenant actions.
Councilmember Shaw commented that she is interested in being on the committee. She shared that she manages affordable housing in her day job and has the training mentioned. She requested the committee have a few seats for The Oaks residents to have true representation.
She expressed concern regarding the December date working as it takes time to get applications and get seated so she would like to extend it a few months out.
Mayor Meadows expressed that he would like to be on the committee. He shared that he works in property management. He requested two members from The Oaks on the committee and would also be okay with Oke Johnson present.
Vice Mayor Williams commented that she wants to include more people and make progress.
She explained when she was first seated, she expressed how bad it was there and they are back to the same thing. She mentioned extending the timeline concerns her as the people living there need action and she wants to see some traction. She also mentioned she wants reassurance that there are currently steps being taken to improve their conditions in the interim of appointing an ad-hoc committee. She mentioned residents and owners should be involved and she would like to have a report at each Council meeting to update them on progress.
Councilmember Henderson requested they keep the timeline staff provided as to not slow down the process, and if they need to extend because it gets close to the deadline, they can extend.
Councilmember Shaw commented that she is thinking with upcoming holidays in November and December there is a lot going on, but she is okay if they want to keep the December date and extend out if needed. She mentioned she wants to be clear that the committee is not being formed to be a mediator between residents and management.
Vice Mayor Williams inquired if staff could bring it forward at the October meeting, if they can appoint a certain number of people now, and if they can set a first meeting date now so people applying for it know what they are committing to.
Mr. McMurray responded that it is premature to set date at this meeting, staff would need to put the word out and receive applications, and they need to know the schedules of everyone who will be part of the committee so they can determine when they can meet. He mentioned the adhoc committee would be subject to open meeting law, so they will need to publicly notice the meetings and hold public meetings. He asked the Council to provide direction if it is desired to keep the December date and have committee members from the Council, public and property management.
Mayor Meadows proposed that the committee consist of himself and Councilmember Shaw, two members from The Oaks and 1 person from management that has authority.
It was moved by Dr. Fuller and seconded by Vice Mayor Williams to establish an Affordable Housing Ad-Hoc Advisory Committee consisting of Mayor Meadows and Councilmember Shaw and 3 public members, targeting the Oaks Apartments, with no action taken by the committee without Council approval, and that it will terminate December 31, 2023. Motion was unanimous and so ordered. (5-0)
6) REPORTS
6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray announced upcoming events:
• Heart of Oakley Festival, September 23, 2023, 11:00 a.m.-5:00 p.m. in Civic Center Plaza • Friday Night Bites and Concert Series, October 6, 2023, 5:00 p.m.-9:00 p.m., with Maya Latin Roots performing.
(b) August Business License Report
Mr. McMurray mentioned he will provide a report to the Council the first meeting of each month covering the prior month.
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 that since the last regular Council meeting, he has attended the Diablo Water District meeting, Friday Night Bites, and the Habitat Conservancy meeting.
Dr. Fuller reported he attended the Freedom Fuel Café at Freedom High School ran by the life skills class. He also reported he watched the BAHFA/MTC committee meeting in August where MTC was absent and BAHFA was approving things for both, and they want a regional 2/3 vote on a general obligation bond of $20 billion for the entire ABAG region, and they are not telling cities how to run affordable housing, but they are adamant that no city will get money unless they meet BAHFA standards. He shared that he tried to ask about RHNA. He explained that Berkeley Mayor Arreguin and others are trying to reduce their RHNA numbers and move them out. He mentioned they ignored his question as well as his question on discrimination. He also mentioned there will be several ABAG informational meetings and they acknowledge they can’t campaign so they will have many informational meetings on this.
Vice Mayor Williams reported she attended the Tri-Delta Transit Board meeting where they discussed the bus feeder service for 2025 and beyond; $6.8 million comes to this region from BART to fund service and BART will be reporting a $93 million budget shortfall in 2025, therefore Tri-Delta will lose 36,000 hours from its total allotted 192,000 for fixed route services.
She mentioned Tri-Delta distributed Pass2Class which gives high school and middle school students use of the bus system and 908 students received 2 passes each to help them get to school at the beginning of the year. She also mentioned Clipper Start was discussed for people 200% of the federal poverty level or less that receive a 20% discount on fare and the Board increased it to a 50% discount. She mentioned at that meeting she made a future agenda request item for bus shelter and shading based on a public comment received at a Council meeting. She shared that she attended a BAHFA workshop and met with an executive director from BAHFA and confirmed this funding allows no changes to RHNA but rather provides a funding mechanism to incentivize affordable housing and neither BAHFA or the County can require those units to be built; the state will continue enforcement; it’s just a way to get return to source funds to encourage more affordable housing. She mentioned more follow-up needs to be done but she did get information that she will share. She reported she met with the family of Michael Orr and wanted to make sure Police know they appreciate them, and the public to know the work that they did.
Councilmember Shaw reported she attended the Annual Fishing Derby to help hand out awards, the Ironhouse Sanitary District Board meeting where good governance, communication, including some policy on social media, were discussed and they discussed going to two meetings a month. She shared that she caught the end of the BAHFA workshop virtually, she attended the special Oakley City Council meeting, and she attended the Tri-Delta Transit Board meeting. She shared that the extension for the Clipper Start program will start in January 2024.
She also reported she attended the Contra Costa Mayors Conference, Freedom High School homecoming, and had many texts, emails, and calls regarding Carol Lane.
Mayor Meadows reported he attended the MCE meeting, Mayors Conference, and a meeting with the County Agriculture Department and a state agency regarding the quarantine of 100 square miles of which $150 million in agricultural product has been affected by the fruit fly found along Lone Tree Way; farmers can’t farm locally like they need to which creates a huge impact on farmers as the list of crops is huge.
(b) Requests for Future Agendas
Dr. Fuller requested a work session regarding residential low-cost rehabilitation loans for residents to make repairs to their property, i.e., paint, repair roofs, etc. Mayor Meadows commented he supports it if they can include “depending on staff time” to which Dr. Fuller agreed. Dr. Fuller also requested staff look into how to leave ABAG. There was no support for this item.
7) WORK SESSIONS
None.
8) CLOSED SESSION
Mayor Meadows announced the closed session item and that the meeting will adjourn thereafter. He mentioned the next regular Council meeting will be held September 26, 2023, beginning at 6:30 p.m., in the Oakley City Council Chambers. He announced a five-minute break.
8.1 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION-SIGNIFICANT
EXPOSURE TO LITIGATION
Pursuant to Government Code Section 54956.9(d)(2). One potential case.
The Council reconvened to its antechamber and heard the item. 9) ADJOURN
There being no further business, the meeting was adjourned at 8:45 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk