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 November 14, 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 (DJ Whigham, Iron House Elementary School Student)
Ironhouse Elementary School student DJ Whigham led the Pledge of Allegiance to the Flag.
1.3 Proclamation Recognizing Law Enforcement Records and Support Personnel Day (Paul Beard and PD Staff)
Mayor Meadows presented the proclamation to Chief Paul Beard and Police staff members Yvette Fagardo, Jennifer Padavana, and Chanise Alexander.
1.4 Presentation on the Marsh Creek Watershed Council (MCWC) and Friends of Marsh Creek Watershed (FoMCW) (Victoria Woolfolk, Watershed Conservation Coordinator, Contra Costa Resource Conservation District) Victoria Woolfolk, Watershed Conservation Coordinator, Contra Costa Resource Conservation District, provided a PowerPoint presentation.
Dr. Fuller inquired how agriculture fits in within their goals and mission.
Ms. Woolfolk responded that their agriculture team works with producers, working landowners and managers to implement more sustainable practices, such as soil conservation, increasing habitat and biodiversity, and planting native plants along edges of farms and working land to help with run off. She mentioned they can also help them apply for grants.
Vice Mayor Williams inquired what they are doing to get youth more involved and suggested they engage the Oakley Youth Advisory Council.
Ms. Woolfolk responded that they want to include as many youths as possible. She shared that they have worked with Earthteam, a non-profit that works with highschoolers to provide environmental education, career building and internship opportunities. She mentioned everyone is welcome to their events of any age. She provided her contact cards on the back table of the Council Chambers.
Public Comment
Bud Chaddock provided comments on salmon spawning and poaching in Marsh Creek. 2) PUBLIC COMMENTS
Tania Babcock provided written comments and spoke regarding safety in relation to the future Amtrak station and the Vintage Parkway neighborhood 5’5” wall. She requested a future agenda item to mitigate risks.
Sharon Kuykendall provided comments regarding safety in relation to current ingress and egress on E. Cypress Road, the proposed 4 lanes on E. Cypress Road in relation to the number of new homes and future population of that area, and the emergency exit route from Summer Lake.
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 Meeting of the Oakley Financing Authority Meeting Held October 24, 2023 (Libby Vreonis, City Clerk)
No public comments were submitted.
Dr. Fuller requested item 3.3 be pulled and Vice Mayor Williams requested items 3.7 and 3.8 be pulled.
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 3.3
Dr. Fuller inquired if this is a state requirement of which the City must acquiesce.
Mr. Strelo explained that it is proposed that the City adopt the State’s density bonus so when changes are made to State law, the City is in compliance and does not have to amend its ordinance each time there is a change.
Dr. Fuller mentioned he will move it because it is a requirement but expressed concern that it is one more state requirement to control how housing should be developed at the local level. He mentioned there is movement for regional government with state bonds which makes him anxious.
It was moved by Dr. Fuller and seconded by Vice Mayor Williams to waive the second reading and adopt the ordinance. Motion was unanimous and so ordered. (5-0) Item 3.7
Vice Mayor Williams inquired what this item represents to get road widening accomplished.
Public Works Director/City Engineer Kevin Rohani indicated if approved tonight, the City will issue payment to WAPA, the pole relocation will be done fall of next year concurrently with Laurel Road improvements, and the widening project should bid early 2025 with construction starting in the Spring 2025.
Dr. Fuller inquired how he managed to get the price so low compared to the previous project.
Mr. Rohani explained that the last project with WAPA had multiple and bigger poles whereas this project is less intrusive; it has 3 poles, 2 of which will be relocated and 1 that will be removed. He mentioned WAPA can come back later and ask for more as they did with the previous project; however, they have a good relationship, and he hopes this will take care of it.
He offered to include progress on the project in the CIP update in the New Year.
Dr. Fuller commented that this is a good start.
It was moved by Vice Mayor Williams and seconded by Dr. Fuller to adopt the resolution approving the Utility Relocation Agreement. Motion was unanimous and so ordered. (5-0) Item 3.8
Dr. Fuller mentioned it is his understanding that there is 15% of affordable housing on the unit that they conditioned for sale and they will have the option to obtain 15% of the land for a developer that can bring in affordable housing.
City Manager Joshua McMurray commented that is correct and mentioned the City is subject to the Surplus Land Act of which the standard is 25%. He explained that the City provided extensive notification to over 800 entities across the state and no letter of intent was submitted, therefore the percentage dropped to 15% which equates to 17 lots. He mentioned part of this deal is that LandSea will provide finished pads that are utility stubbed, as well as curb, gutter, sidewalk and all the improvements, and the City will take those lots and find an affordable housing partner to develop the 17 lots with affordable housing.
Vice Mayor Williams commented that the sale gives the City a significant amount of money for E. Cypress. She requested staff elaborate why the sale is so important for the City.
Mr. McMurray shared that the minimum gross profit from this sale is $7.35 million. He explained the City is proactively addressing E. Cypress Road with a Capital Improvement Project (CIP) for this Burroughs property where the City will construct the frontage improvements from Knightsen Avenue eastward to the canal. He further explained that in the current budget, the City included a CIP for the first phase (second step) of E. Cypress from the canal eastward to Bethel Island Road specifically for the canal. He added that a few meetings ago, the Council approved an agreement with the developer for the Grand Cypress Preserve to acquire the right of way to construct E. Cypress Road improvements from the canal to Bethel Island Road. He mentioned they must obtain plans and approvals, but they are actively working hard to ensure that work starts as soon as possible. He also mentioned they are ready to start work in front of the Burroughs property, there is a contractor lined up, funded by $10 million of funds dedicated by the City. He shared the City has allocated approximately $9.5 million to the canal crossing project and is actively coordinating with Contra Costa Water District (CCWD) for the improvements. He added that Phase 2 of that project will be in the Fiscal Year 2024/2025 budget and upward of $10-$15 million will be dedicated for right-of-way work to complete street improvements. He explained the City has been taking major effort and hitting major milestones to complete the work and the deal is far from done, but it represents an important step to fund the improvements for Phase 2 of the E. Cypress Road improvements from the canal to Bethel Island Road.
Mayor Meadows inquired what is holding up the road improvements from Knightsen Avenue to the canal right now.
Mr. McMurray explained that the property doesn’t have water rights which involves an inclusion process to obtain water rights and CCWD is a partner to shepherd the process, but ultimately it is in the hands of the Federal Bureau of Reclamation. He mentioned they have been working on it for 2 years, they meet every two weeks to discuss the matter, and they have had federal and state representation try and move it forward.
It was moved by Vice Mayor Williams and seconded by Dr. Fuller. Motion was unanimous and so ordered (5-0).
3.2 Accept Report Out of Closed Session Memo (Derek P. Cole, City Attorney)
3.3 Waive the Second Reading and Adopt Ordinance No. 8-23 Repealing Oakley Municipal Code Section 9.1.412 and Replacing with Adoption of the State Density Bonus Law by Reference (RZ 03-23) and Finding the Action Exempt from the California Environmental Quality Act (CEQA) (Ken Strelo, Planning Manager)
3.4 Waive the Second Reading and Adopt Ordinance No. 9-23 Approving the Project Titled, Grand Cypress Preserve Development Agreements Master Amendment (DA 01-23) (Ken Strelo, Planning Manager)
3.5 City of Oakley Quarterly Investment Report (1st Quarter FY 2023/24) (Jeri Tejeda, Administrative Services Director)
3.6 City of Oakley as Successor Agency to the Oakley Redevelopment Agency Quarterly Investment Report (1st Quarter FY 2023/24) (Jeri Tejeda, Administrative Services Director)
3.7 Approval of the Utility Relocation Agreement between the City of Oakley and Western Area Power Administration (WAPA) to Relocate Electric Utility Poles to accommodate the Laurel Road Widening Project-Capital Improvement Project Number 280 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.8 Authorization to Execute a Purchase and Sale Agreement with Landsea Homes of California, LLC for the Sale of the Real Property Containing Approximately 27.0- Acres, Located at the Northeast Corner of E. Cypress Rd. and Knightsen Avenue (APN 032-081-025) (Joshua McMurray, City Manager)
3.9 Adopt a Resolution Authorizing Submittal of Individual Grant Applications for All Department of Resources Recycling and Recovery (CalRecycle) Grant Programs for which the City of Oakley is Eligible (Ken Strelo, Planning Manager)
3.10 Approval of an Agreement with NCE for Environmental Technical Studies and Permitting Services associated with Capital Improvement Project Number 189- Piper Lane Drainage Channel Trash Capture Device Project (Kevin Rohani, P.E., Public Works Director/City Engineer)
4) PUBLIC HEARINGS
4.1 2480 Oakley Road Subdivision 9537 Tentative Map Extension (TME 01-23) (Evan Gorman, Associate Planner)
Associate Planner Evan Gorman presented the staff report and provided a PowerPoint presentation.
Mayor Meadows opened the public hearing and called for public comments. There being none, he closed the public hearing.
It was moved by Councilmember Shaw and seconded by Councilmember Henderson to adopt the resolution. Motion was unanimous and so ordered. (5-0) 5) REGULAR CALENDAR
5.1 Adoption of 2023 Small Business Recovery Grant Program (Harumi Murata, Economic Development Analyst)
Economic Development Analyst Harumi Murata presented the staff report and provided a PowerPoint presentation.
Vice Mayor Williams inquired if 250 active business licenses are eligible for the grant, which Ms.
Murata confirmed around 250 is correct.
Vice Mayor Williams inquired if the businesses have shown interest that they will want to apply for the grants and if they have indicated if it will benefit them.
Ms. Murata shared that she has had at least 2-3 inquiries about this type of grant funding.
Vice Mayor Williams inquired if after the first, second and third cohort funds have not been exhausted, if an item can be brought back to Council to reallocate the funds to support businesses in a way they need to be supported.
Ms. Murata explained that funds could be reallocated, and she would be happy to tailor it specific to the criteria they are asking.
Dr. Fuller inquired if it is allowed for businesses doing business as an LLC or corporation, but not for non-profits.
Ms. Murata explained that this grant is for small businesses, excluding non-profits. She mentioned the City would first ask for revenue which is hard for a non-profit to document on paper. For business retention purposes, the focus is infrastructure for those businesses that demonstrated resiliency and viability during these trying years.
Dr. Fuller requested clarification that non-profits are not included, and Ms. Murata confirmed that is correct.
Vice Mayor Williams mentioned there are specific criteria, one being it must be a brick-andmortar location, and the City has 961 active business licenses with 60% of those being homebased. She mentioned she is not certain how many of the non-profits have a brick-and-mortar location here. She also mentioned ARPA funding was already made available for non-profits; this is for small businesses.
City Manager Joshua McMurray explained that this focuses on small businesses, $185k of ARPA funding went to non-profits, and staff has worked over the past year to ensure that ARPA funding was dispersed to non-profits.
No public comments were submitted.
Dr. Fuller commented that every church in Oakley is brick-and-mortar and the East Contra Costa Historical Society just outside City limits is brick-and-mortar, so non-profits do exist in and around the City that are brick-and-mortar. He mentioned non-profits must incorporate to have 501(c)(3) status and in these cases if a business is doing business as (dba), an LLC, or a corporation they qualify, but non-profits get marginalized in the process. He mentioned establishments that do a lot for the community such as St Anthony’s St. Vincent de Paul, wouldn’t qualify because they are a 501(c)(3) non-profit.
Councilmember Shaw commented that she is excited to vote on this, funding was provided to non-profits, and she is excited to see this for small businesses.
It was moved by Councilmember Shaw and seconded by Vice Mayor Williams to adopt the resolution. Motion was unanimous and so ordered. (5-0)
5.2 City of Oakley Climate Action Plan Request for Proposals and Qualifications (RFP) for Planning Consulting Services--Request City Council approval of the RFP (Ken Strelo, Planning Manager)
Planning Manager Ken Strelo presented the staff report and provided a PowerPoint presentation.
Vice Mayor Williams inquired if it will be utilized to ensure we meet compliance with planning and zoning if adopted.
Mr. Strelo confirmed that is correct and mentioned staff will work with consultants to devise language to plug into the General Plan and look for ways for projects compliant with the Climate Action Plan to be streamlined through the California Environmental Quality Act process that can help developments that have certain GHG and emission targets get through the process quicker to help attract those kinds of businesses.
No public comments were submitted.
It was moved by Vice Mayor Williams and seconded by Dr. Fuller to adopt the resolution. AYES:
Fuller, Henderson, Shaw, Williams. NOES: Meadows. (4-1)
5.3 Second Amendment to Employment Agreement between the City of Oakley and Joshua McMurray (Derek Cole, City Attorney)
City Attorney Derek Cole presented the staff report.
No public comments were submitted.
It was moved by Councilmember Henderson and seconded by Dr. Fuller to adopt the resolution.
Motion was unanimous and so ordered. (5-0)
5.4 Appeal of Administrative Hearing Officer’s Decision Involving Fireworks at Crockett Park, Oakley, California on July 4, 2023; Citation No.: AC-23-000767 (Libby Vreonis, City Clerk)
City Clerk Libby Vreonis presented the staff report.
Dr. Fuller requested clarification who the appellant is, and Ms. Vreonis confirmed it is Ms.
Matthews.
Mayor Meadows invited Ms. Matthews to provide oral argument.
Ms. Matthews explained the firework was in the car under the seat and when the car was searched, it was found. She mentioned she had just returned from Stockton where fireworks are legal.
Mayor Meadows asked what reason(s) she is requesting the fine be dismissed.
Ms. Matthews indicated she is a college student and still paying for college.
Mayor Meadows inquired where she goes to school.
Ms. Matthews responded she goes to San Diego State online and Los Medanos College. She mentioned it was just a sparkler, they couldn’t justify what it was, she admitted it was hers, and she was not lighting fireworks.
Councilmember Shaw requested clarification if the firework was outside or inside the car.
Ms. Matthews indicated it was in the car.
Vice Mayor Williams mentioned the officer on scene is not present and requested the body worn camera footage be played.
Chief of Police Paul Beard provided the footage to staff and it was played. He mentioned beforehand that the first 30 seconds is a buffering period where the video is silent. He mentioned at the point where there is sound is when the officer activated his camera.
Dr. Fuller asked which city Ms. Matthews resides in, how she managed to be in the car that night, and if she is employed now. He asked staff to confirm the amount of the fine and City Manager Joshua McMurray confirmed it is $500.
Ms. Matthews indicated she lives in Brentwood, her sister’s boyfriend informed her that the fireworks were going to happen in Oakley, so she went to watch, and she is employed.
Dr. Fuller inquired if the Council can sustain the violation or reduce it which City Attorney Derek Cole confirmed is within the Council’s authority and it also has the option to suspend it.
Dr. Fuller inquired where Ms. Matthews is employed and how much she makes.
Ms. Matthews responded she works for Markstein. She provided the amount she makes.
Vice Mayor Williams commented that even though she got the firework in Stockton, it is not legal in Oakley or Brentwood. She inquired if the Council upholds the fine if it has authority to divide payments into a management payment plan.
Mr. Cole explained that there have been a variety of Code Enforcement matters and the Council has always authorized staff, and staff has always worked with appellants, when instructed to develop a payment plan. He indicated that can happen here if it is the Council’s pleasure.
Vice Mayor Williams explained the reason for implementing the ordinance is because there is a huge fireworks issue within the City as the video demonstrates, and as much as she understands the financial hardship, she has concern that releasing the fine would undermine the purpose of the ordinance. She shared that she experienced a fire due to fireworks. She mentioned she believes they need to enforce the ordinance because if they dismiss the little ones it makes it harder to enforce the bigger ones. She mentioned if they sustain the citation, she would like staff to work with the appellant on a management payment plan.
Councilmember Shaw commented that the fine has already been reduced from $1,000 to $500 which she thinks is reasonable, and it was mentioned that the evidence did not support whether it was a large firework or a sparkler and taking Ms. Matthews word for it that it was a sparkler, the fine has already been reduced. She agreed with Vice Mayor Williams in that the ordinance is in place to make sure that people take it seriously to not bring fireworks to Oakley to protect all of its residents, and examples must be set, and she understands people make mistakes, but in terms of it impacting her future, it is a fine and undesirable, but if they approve a manageable payment plan, it can be a lesson learned, and the Council can be sure it is not setting an example that it will not just be waived when it is trying to be very strict on getting fireworks under control within the City.
Dr. Fuller commented he views the ordinance differently; when adopting an ordinance, the City is trying to cure a deficiency or correct a danger or nuisance, and people can bring it before them for adjudication, and in adjudicating, the Council can apply reasoning with the appellant.
He mentioned he finds that the appellant is taking responsibility for her actions, the fine was sustained, and people say it’s just a sparker, but if anyone has stepped on a hot sparkler, it can cause injury. He suggested they cut the fine in half and allow 6 payments.
Councilmember Henderson commented that the incident is sustainable, and the hearing officer already reduced the fine by 50%, so while he cannot support reducing it below $500 and it cannot be increased, he could see extending the payments out further.
Dr. Fuller suggested if they do that to go to 12 months for payment.
It was moved by Dr. Fuller and seconded by Councilmember Henderson to sustain the fine of $500 and provide direction to staff to enter into a payment plan between the City and appellant for payment of the fine over 12 months. Motion was unanimous and so ordered. (5-0)
5.5 Hearing for Special Assessment of Costs: 1430 Carpenter Road, Oakley, California (APN 034-070-031) (Libby Vreonis, City Clerk)
City Clerk Libby Vreonis requested confirmation if a representative of the property owner is present.
Mayor Meadows asked the audience if anyone was present to represent the property owner.
There being none, Ms. Vreonis proceeded with presentation of the staff report.
Dr. Fuller commented that he understands in the last two years there was a homicide at the property and an arrest was made, which City Manager Joshua McMurray confirmed is correct.
It was moved by Dr. Fuller and seconded by Vice Mayor Williams to adopt the resolution. Motion was unanimous and so ordered. (5-0)
5.6 Hearing for Special Assessment of Costs: 131 E. Ruby Street, Oakley, California (APN 035-133-012) (Libby Vreonis, City Clerk)
City Clerk Libby Vreonis requested confirmation if the property owner or a representative of the property owner is present.
Mayor Meadows mentioned she is approaching the podium.
Ms. Vreonis presented the staff report.
Vice Mayor Williams inquired if a payment plan could be set up rather than having it as an assessment on the tax roll, so it is more manageable.
Mayor Meadows commented that the property is currently for sale and there is an offer on it.
Mayor Meadows invited the property owner, Josephine Rodriguez, to provide oral argument.
Ms. Rodriguez commented that she is sorry about all of this, but it does have an offer and is due to close. She stated her age and that she is disabled.
Vice Mayor Williams inquired what happens to the amount owed if the property sells.
Mayor Meadows asked City Attorney Derek Cole to confirm if the amount would come out of the proceeds of sale by demand submitted through escrow.
Mr. Cole confirmed that they must follow the process of submitting it to the tax roll; however, because that would not occur until summer, they would immediately place the demand through escrow before the sale.
Ms. Vreonis indicated a Notice of Intent to Lien was recorded.
It was moved by Councilmember Shaw and seconded by Councilmember Henderson to adopt the resolution. Motion was unanimous and so ordered. (5-0) 6) REPORTS
6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray reported that the October new business license update has been provided. He announced that the Annual Tree Lighting ceremony will be held November 30 beginning at 5:30 p.m., Friday Night Bites will be held December 1, and the ribbon-cutting ceremony for the train platform will be held December 6 in the Downtown at 2 p.m. He wished everyone a Happy Thanksgiving.
(b) Business License Update
(c) City Attorney Report-Levine Act
City Attorney Derek Cole reported that he provided a Daily Journal article he wrote in the agenda packet regarding the Levine Act and he is available for any questions the Council may have.
Vice Mayor Williams inquired how candidates in the next election might be aware of these changes.
Mr. Cole explained that the FPPC has information on its webpage.
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 Veterans Day ceremony. He thanked Supervisor Burgis for her speech regarding Vietnam. He also reported attending the Freedom Fuel Café at Freedom High School October 27 and another will be held November 3 and in December, he attended Cal State LA for an awards ceremony November 3, and he attended the Harvest Festival where many people and their dogs attended. He reported on ABAG election results and the BAHFA committee hearing he attended. He shared that he had over 125 trick-or-treaters and was glad to see a much more inclusive community and diversity of children.
Councilmember Shaw reported she attended the Tri-Delta Transit meeting and the Affordable Housing Ad-Hoc Advisory Committee meeting. She shared that The Oaks’ management team has a fully staffed maintenance crew as of 10/20, a new trash service to take out trash daily, and is working on pest control. She requested everyone provide The Oaks’ staff time to make changes and show improvements. She mentioned they have 78% occupancy and need it to be 92-93% and they are trying to get a better turnover rate for work orders for 3-5 days. She mentioned they have a meeting on 11/30 at 3 p.m. to address questions that came up during this past meeting, i.e., security, cameras, entry gate, inspection results, and they discussed pest maintenance plans and preventative maintenance plans. She also reported she attended the Twin Oaks grand opening but they were running behind and she had to leave early to go back to work, she completed the DA Academy November 1
st
, she attended the Mayors Conference
November 2nd, she and Vice Mayor Williams met with Jamboree Housing who they are hoping to link with the City for affordable housing, and she attended the Veterans Day event.
Vice Mayor Williams reported “ditto” and that she will give more detail regarding the Tri-Delta meeting during the next Council meeting. She mentioned she and Councilmember Shaw met with Jamboree Housing at CalCities which she can discuss during the next item on agenda, she attended the Veterans Day ceremony, and she attended the Chamber of Commerce meeting.
Councilmember Henderson reported he attended the Diablo Water District meeting and Friday Night Bites. He commended staff on an excellent job on the Veterans Day program.
Mayor Meadows reported he attended the Mayors Conference, the Affordable Housing Ad-Hoc Advisory Committee Meeting, the Twin Oaks meeting, Friday Night Bites, and the Veterans Day ceremony.
(b) Requests for Future Agendas
Dr. Fuller requested a work session to ascertain the safety of the rail platform in the vicinity of the Downtown and Vintage Parkway which Vice Mayor Williams supported. 7) WORK SESSIONS
7.1 Library and O’Hara Residential Projects Design and Economic Feasibility Analysis Update (Joshua McMurray, City Manager)
City Manager Joshua McMurray presented the staff report.
Urban Field Studio representative Jane Lin, Urban Designer and Architect, along with Ryan Call, Architect, and Economic Planning Systems representative Tiefion Rice-Evans, Managing Principal, and Bex Allen, Associate, provided a presentation regarding the library, housing options at the O'Hara site, and residual land value.
Mr. McMurray explained that the building presented is feasible and it is important to live within means with the many priorities of the City. He explained the City is spending tens of millions of dollars to address E. Cypress, Laurel Road is a multi-million dollar project, and the library is another major project which is very important. He further explained that the City does not have capacity for $25 million to construct what they previously spoke about this year, the current library location was temporary, and he wants to present something realistic and achievable now.
He explained it will take team effort, the Council was supportive of higher density and in relation to residual land value, though it would generate substantial revenue, the City would get some of that, but not as much as thought. He mentioned they would dedicate about $2.5 mil from ARPA funding and $500k from public facilities fees established in 2004, but keeping in mind that they also have to pay off debt service with these fees for City Hall and the Recreation Center. He mentioned with city revenue and unassigned fund balance, he is confident there is about $4 mil from unassigned fund balance to dedicate, keeping 30% reserve intact. He mentioned about $9 million is available now to put into the project, providing about a 9,000 sq. ft. building (3 times the current size) and it takes the library off the high school campus and moves it to this campus.
He mentioned highlights of other funding sources such as grants. He mentioned the County received a $10 million grant for the Bay Point library and another round of funding will be available, hopefully next month. He mentioned he hopes the site plan and rendering will garner excitement in the community for the Friends of the Oakley Library to fundraise.
Ms. Lin added that in looking at Contra Costa County square footage per capita, Oakley is currently the lowest and this would be tripling the size of the current building.
Mr. Call commented that if they stay within the $9-$10 million benchmark, this will provide a nice product, and they can make sure there is flexibility in the concept if additional funding is raised.
Mr. McMurray mentioned they are seeking feedback; this is an opportunity for a starting point and to build upon.
Mayor Meadows inquired if it will it get the City $1.8 million in residual value.
Mr. McMurray explained that they do not know the answer. He explained when they interviewed a builder in the area the builder was not fond of the site for the type of funding they seek, but other affordable builders who use different funding may be more competitive, and that is why they would recommend leaving it open ended to make sure if there is a better way and someone is more creative, they have the mindset to be open to that.
Public Comments
Liz Fuller commented that in her 30 years of library experience, 9,000 square feet is not big enough and when they may want to expand, it will cost more, so it is better to build big upfront.
Supervisor Diane Burgis commented that Oakley is closer to having its own library than ever before and it is disappointing to see the numbers, but she doesn’t want to give up; she has more hope for a larger project. She mentioned if they are still asking questions about whether affordable housing can bring more money, she asked that they wait until February as she would like to work with representatives, the County Library Foundation, and the Friends of Oakley to see if they can get to $25 million. She mentioned there is a grant application process next month that could open up money and if they build smaller, it will cost more to build the next part.
She asked that they lean in and see what they can do.
Vice Mayor Williams inquired if they would still be able to develop some kind of rendering, so they do not miss the grant opportunity next month. She mentioned if there is $10 million for Bay Point, why not for Oakley. She mentioned that with the 55-acre park they didn’t get grant funding in relation to the rendering, and she doesn’t want to miss out on grant funding here.
Mr. McMurray mentioned they have time, they have the bones, and direction on the rendering will help.
Councilmember Shaw mentioned if there is hope and work that they can do, she would love to see if they can reach that number with a rendering and other potential source of funds and build the best library.
Mayor Meadows inquired if pushing it out would impact the timeline with the County and Mr.
McMurray indicated it would not.
Dr. Fuller inquired of the population that each of the five libraries in Berkeley serve.
Ms. Lin responded she will get a firm answer.
Mr. Call mentioned Berkeley also serves other communities such as El Cerrito as well as Oakland, so it is hard to pinpoint, but he can reach out to the Berkeley library to get foot traffic numbers.
Dr. Fuller inquired why Berkeley’s construction costs are lower.
Mr. Call explained that the costs are from 10 years ago but were high when built because of green-build requirements. He mentioned the Pleasanton example is high end and if they are judicious about supplies used, they could get it down to the Mountain House price.
Dr. Fuller mentioned $1.8-$2 million is a dream.
Mr. Evans mentioned it is optimistic, a dream would be more.
Dr. Fuller mentioned he doesn’t like to rely on grants and budget that way because many apply and few are approved, although Supervisor Burgis is pragmatic, and he agrees with what she has presented. He mentioned they are trying to put this together for a population of 43,000 and still growing so he would favor Supervisor Burgis getting access to more funding and connecting with other political figures. He suggested a repository library and work with federal or state government and tie the library to a project like O'Hara to go a lot further to sell the project and obtain other funding. He suggested putting it off to February. He mentioned he is not sure what other funding sources are available, but he is not big on bonds. He mentioned Oakley can’t do it on its own and suggested a lobbyist for the City could help, but it is expensive and maybe the City can’t afford it.
Councilmember Henderson commented that Oakley has needed a library for 20+ years and he is not sure if they can get to 24,000, but he is okay with extending to February or March and doing more work, but this team still needs to do what tasked with. He suggested splitting the difference build at 16,000, something to strive for but can live within means. He mentioned the community hasn’t had something to show to see what they can do with donations and local developers and bigger businesses. He suggested they find something attainable, design bigger knowing they have a scaled-down version, and split the difference.
Mayor Meadows expressed support for going after $25 million and having a rendering at the 24,000 square foot size. He mentioned if they shoot for 16,000 square feet that is what they will get; if they are not successful, they can back it down, but he thinks they should shoot for the stars and go big.
Councilmember Shaw agreed and mentioned she does not want to take affordable housing off the table if it can potentially bring the City some profit. She mentioned she and Vice Mayor Williams met with an organization that could potentially bring ideas for it. She supported shooting for the whole thing and scale back if needed.
Vice Mayor Williams agreed to shoot for the whole thing and scale back if needed. She mentioned this discussion left out seniors and veterans on the 9,000 square foot plan, and requested, if possible, to have alternate sites. She mentioned if they only get 16,000, she wants to have a back-up plan if they need a secondary spot and asked if there is a way to do that in the rendering.
Mayor Meadows mentioned architecturally he wants it to fit in with the rest of this campus.
Vice Mayor Williams inquired what the architectural style is of this campus.
Mr. Call mentioned it is traditional conservative and they will work with something complementary to this structure.
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: One Potential Case (letter from ACLU/EFF dated May 25, 2023, and email dated November 2, 2023)
Mayor Meadows read the closed session items into the record. He called for a break before going into closed session.
8.2 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
City of Oakley v. Scelsi, Contra Costa Sup. Ct. Case No. MSN16-1620 City of Oakley v. Rodriguez, Contra Costa Sup. Ct. Case No. N23-1091 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
9) ADJOURN
There being no further business, the meeting was adjourned at 10:15 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk