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
March 12, 2024
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 Anissa Williams called the meeting to order at 6:30 pm in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Mayor Shannon Shaw and Councilmembers Hugh Henderson, Dr. George Fuller and Aaron Meadows were also present.
1.2 Pledge of Allegiance to the Flag (Ariana Mesa and Briana Hernandez, Oakley Elementary School Students)
Oakley Elementary School students Ariana Mesa and Briana Hernandez led the Pledge of Allegiance to the Flag.
1.3 Recognition of Hector Espinoza, Senior at Freedom High School and finalist in the Contra Costa Shark Tank (Mayor Williams) Mayor Williams introduced Freedom High School Senior and Contra Costa Shark Tank finalist Hector Espinoza. Mr. Espinoza shared information regarding his creation and thanked everyone who supported him.
1.4 Proclamation Proclaiming March as Red Cross Month (Stephen Griswold, Deputy Chief of Staff, Office of Supervisor Diane Burgis, and Contra Costa Red Cross Leadership Council)
Mayor Williams presented the proclamation to Brian Oftedal, Volunteer with Contra Costa Red Cross Leadership Council.
Mr. Oftedal thanked the City for its partnership with preparedness and blood drives. He encouraged everyone to take a CPR class, donate blood, and use the mobile app that has first aid and emergency information. He mentioned news releases and podcasts also provide great information.
2) PUBLIC COMMENTS
Scott Hildebrandt commented he was a resident on Frandoras Circle and was harassed by a church who told his neighbors he is a drug dealer, blasted him out of his house, and set up with people behind his house who appeared homeless, and he tried to sell his house because they wore him out. He mentioned he pretty much had a gun to his head to sell the house by Frank Bermudez and Moses Polanco which he sold and later found it to be an illegal contract because the dates were wrong. He asked if the City of Oakley allows its residents to go through that normally and if there is anything they can put in place, so it doesn’t happen again. He mentioned he is not in prison, he does not have a medical condition, and he is very upset.
Richard Brophy mentioned he requested years ago a website amendment to show “Oakley is not a sanctuary city” which took him about 15 minutes to find out by 5 different people whether Oakley is a sanctuary city and finally he was told it is. He mentioned subsequent to that time, there has been an invasion of illegal aliens; there are undocumented immigrants, displaced citizens, undocumented Democrats, the theory is that not all are bad, not all are criminals, but entering the country is illegal, and in watching TV every night, illegal aliens have committed robbery, murder, and he has statistics from a government list and a list of individuals murdered, which actions are costing taxpayers money. He mentioned they have committed felonies, assault, and murder. He mentioned Laken Riley was murdered because of federal, state and local government. He mentioned it has been found that illegal aliens are drawn to sanctuary cities so if they think it can’t happen here, think again, providing an example of illegal aliens’ encounter with Police officers, some of whom he mentioned are on their way to California.
3) COUNCILMEMBER COMMENTS
None.
4) CONSENT CALENDAR
Dr. Fuller pulled item 4.10.
It was moved by Councilmember Meadows and seconded by Vice Mayor Shaw to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0)
Item 4.10
Dr. Fuller requested staff confirm if the difference in bid amounts between R&R Construction’s bid and Cowen & Thompson’s bid is $876.30 of which Public Works Director/City Engineer Kevin Rohani confirmed is correct.
It was moved by Councilmember Meadows and seconded by Councilmember Henderson. AYES: Henderson, Meadows, Shaw, Williams. ABSTENTION: Fuller. (4-0-1)
4.1 Approve Minutes of the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency and Special Public Financing Authority Meeting held February 27, 2024 (Libby Vreonis, City Clerk)
4.2 Waive the Second Reading and Adopt an Ordinance Regarding Administrative Fines for Unlicensed Commercial Cannabis Activity Including Cultivation, Manufacturing, Processing, Distribution or Retail Sale of Cannabis and Declaring Such Activity a Public Nuisance (Libby Vreonis, City Clerk/Paralegal)
4.3 Adopt a Resolution Approving the City of Oakley Local Roadway Safety Plan (LRSP) (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.4 Adopt a Resolution Accepting as Complete Capital Improvement Project Number 286 -City Hall Rooftop Solar Power Project as Constructed by Sun Light & Power (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.5 Adopt a Resolution Accepting as Complete Capital Improvement Project Number 187- Main Street Bridge Rehabilitation Project at Contra Costa Canal Project as constructed by TNB Construction (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.6 Adopt a Resolution Accepting the subdivision improvements associated with the Pheasant Meadows Subdivision 8736 and Vintner View Subdivision 8836 located along the east side of O’Hara Avenue south of Grapevine Lane and west of the Cinnamon Ridge Subdivision (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.7 Adopt a Resolution Appointing Kai-Christian Torf to the Contra Costa Transportation Authority Citizens Advisory Committee for the Remainder of the Current Four-Year Term Expiring August 11, 2025 (Libby Vreonis, City Clerk)
4.8 Adopt a Resolution Approving Contract Amendment Number 1 with HMH Engineers, Inc. for On-Call Consulting Services Related to Development Engineering Support Services for Fiscal Year (FY) 2023/24 and Award of Contract for Professional Services Agreement for On-Call Development Engineering Support Services with HMH Engineers, Inc for Fiscal Years 2024/25 and 2025/26 (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.9 Adopt a Resolution Approving Contract Amendment Number 1 with Park Engineering, Inc. for On-Call Consulting Services Related to Inspection Support Services for Fiscal Year (FY) 2023/24 and Award of Contract for Professional Services Agreement for On-Call Inspection Support Services with Park Engineering, Inc for Fiscal Years 2024/25 and 2025/26 (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.10 Adopt a Resolution Awarding a Construction Contract to R&R Pacific Construction Inc. for the construction of Fiscal Year 2023/24 Curb, Gutter & Sidewalk Repair and Replacement Project, Capital Improvement Project Number 295 (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.11 Approval of the Special Event Beverage Concessions Non-Profit Selection and Vendor Selection Criteria (Jeri Tejeda, Administrative Services Director, Troy Faulk, Recreation Manager)
5) PUBLIC HEARINGS
5.1 Adopt a Mitigated Negative Declaration and Approve the Project titled The Village at 2092 Oakley Road Subdivision 9634 (GPA 01-22, RZ 03-22, FDP 01-22, TM 04-22, DR 07-22) Request for approval of a General Plan Amendment, Rezone, Final Development Plan, Tentative Map, and Design Review for a 9.99-acre, 83-unit single family residential subdivision project.
APN 037-110-031 (Ken Strelo, Planning Manager)
California Environmental Quality Act determination: Recommend that the City Council adopt a Negative Declaration finding the proposed project will not have a significant adverse impact on the environment.
Planning Manager Ken Strelo presented the staff report and provided a PowerPoint presentation. Two handouts were provided to the Council and made available in the public binder and on the City's website: a letter from David Koch on behalf of client Eagle City, Inc. and a letter from Richard Manning, legal counsel representing Eagle City, Inc. Mr. Strelo shared responses to the letters.
Ralph Strauss, President of SDG Architects, provided a PowerPoint presentation to the Council. Staff confirmed for Mr. Strauss that he had 10 minutes and the applicant presented from 7:11pm-7:17pm. The applicant stated that they agree with the conditions of approval.
Dr. Fuller commented that the project is lovely; it fits in with the intent of what the Council approved. He inquired if staff had spoken with Eagle City and what was the final summary.
Mr. Strelo shared that staff met with the manager and owner in person with the applicant and the Oakley Road improvements and other items that were covered in the letters and responses provided, and drainage were topics which he believes a solution has been worked out and is in the preliminary design plans. He added that he does not think that Eagle City is against the development; it is his understanding they want the details worked out.
Dr. Fuller inquired if Eagle City will not see drainage until there are entitlements.
Mr. Strelo mentioned there are preliminary drawings. He explained that if the applicant and engineer are willing to release plans to Eagle City or gives the City permission to release, staff believes the plans meet the City’s ordinance and the project can hold a 100-year storm in the event drainage is clogged downstream for more than 24-hours which is more than adequate drainage, and the City would have the right to inspect and recover costs, if necessary.
Dr. Fuller mentioned the City can step in if there is a situation but would like to know the process if the HOA cannot or will not remedy flooding.
Mr. Strelo mentioned that would be an event beyond what this is being designed for; there would be a breach of a flood wall, it would be more than a 100-year storm, and that would likely result in flooding throughout the City.
Dr. Fuller mentioned if the drainage system fails, Eagle City may first have to go to the HOA then to the City, which may result in an extended period of time for remedy. He mentioned if something went wrong, he is not sure whether the HOA could afford to remedy it easily.
Mayor Williams mentioned she has concern regarding the sales price with these homes having smaller floor plans and lots and she wants to ensure their affordability for Oakley’s average income. She mentioned the applicant thought the homes would be in the $600k range a couple of years ago. She inquired if that is still the price point.
Owen Poole, co-applicant, responded that it is hard to say as they completed a financial analysis and are in the process of vetting the improvement cost. He mentioned Oakley Road and Main Street improvements are approximately $1.2 million and while they will target the project to be as affordable as possible, they are checking the hard cost which is approximately $110/sq. ft. to go vertical. He addressed the concern regarding drainage, explaining that he has lived in an HOA since the late 1980s, consisting of 14 homes, and there are certain things in his HOA budgets that never move: a reserve for paving and insurance. He mentioned that with this project and drainage there will be a recorded operations and maintenance agreement, recorded before recordation of a final map, and it runs with the property, which will be the first item of budget with the HOA.
He mentioned a blanket easement over all the roads will allow step-in rights for the City for emergency services at all times. He commented that he would find it amazing if someone said drainage was eliminated from the HOA budget.
Mayor Williams commented that the applicant previously addressed the commercial viability of the space. She inquired if they have continued to try and market it for commercial uses.
Mr. Poole mentioned they have not because the financial market for commercial is difficult with interest rates.
Mayor Williams inquired how ingress/egress will be different for residential than commercial.
Mr. Poole explained that residential trip generation is far lower than commercial use which provides constant ingress and egress.
Mayor Williams opened the public hearing.
Public Comment
Peter Canepa, managing family member of Eagle City, mentioned his family has owned and managed Eagle City for 62 years. He mentioned it is a nice development and Ken mentioned most of his concerns; however, it is the drainage he is concerned with. He mentioned he couldn’t figure it out on the plans so he hired his own engineer who indicated the project site is immediately upslope from Eagle City, there is highly porous soil covering the entire site into which the soil absorbs without running off the site, the project will cover nearly all the existing soil with pavement and other surfaces and will greatly increase storm water runoff, since the project slopes toward Eagle City, it will be important for storm water facilities to be designed and constructed to capture and convey storm water runoff to downstream stormwater facilities, and they approve and support condition of approval # 66. He requested his engineer be provided with all drainage improvement designs as soon as available and requested City staff keep him informed and provide supporting documents as soon as they are available.
Mayor Williams closed the public hearing.
Councilmember Meadows mentioned he will repeat what he said 2 years ago; he agrees this is not the best site for commercial; it is a tough site; and he also said he didn’t like the project and still doesn’t, so he won’t be voting for it.
Dr. Fuller commented that he mentioned earlier that he can understand Eagle City's concern, having driven by it; it is farm country, soil is porous for rainwater and keeps it from running everywhere and now they are going to pave it. He mentioned he appreciates Mr. Poole speaking about the HOA and insurance and he hopes the HOA not only has reserve but insurance because if flooded, it will be a tough position to be in as there are mobile homes, lots are small, and it won’t take much to flood. He mentioned he is satisfied every step has been taken to use that portion of property to the best advantage of the people in the city and they have given considerable thought about drainage. He mentioned it would be nice if the civil engineer for Eagle City can look at the plans before they go forward to alleviate some angst.
Councilmember Meadows commented that he thinks they agree with that.
Vice Mayor Shaw mentioned affordability at $600k, if starting price, for smaller square footage, will price people out for what she was hoping would provide another kind of housing. She mentioned it is not perfect but will ask them to crunch numbers. She mentioned affordability is important and these will be starter homes which will be hard at a higher rate.
Mayor Williams mentioned she is having a hard time with that as well. She explained that a couple of Council meetings ago, she shared the average median income for residents who can afford $500k homes and it won’t be current Oakley people to purchase these; it will price out residents; it will be people from out of Oakley coming in to buy. She mentioned she likes the design aspect but is having a hard time knowing the project will not be something residents can afford.
It was moved by Dr. Fuller and seconded by Vice Mayor Shaw to adopt the mitigated negative declaration and approve the project as conditioned. AYES: Fuller, Henderson, Shaw. NOES: Meadows, Williams. Approved (3-2).
6) REGULAR CALENDAR
None.
7) REPORTS
7.1 CITY MANAGER
(a) City Manager
(b) Business License Update
(c) Commercial and Industrial Development Project Update (a) City Manager Joshua McMurray mentioned with the cyber-attack the City has been dealing with the past few weeks, the City is back to business as usual with all services fully restored. He mentioned there will be a resolution on March 26 to end the emergency and close the emergency operations center, staff is actively taking steps to have the network and systems as secure as humanly possible, and it will involve ongoing monitoring and staff will have more to report at a future date.
(b) Mr. McMurray attached the update to the agenda.
(c) Mr. McMurray discussed (1) the Oakley Shops at Laurel Fields (Safeway at the NE corner of Laurel Road and O'Hara Avenue) and showed a rendering of the shops. He mentioned it is going through the review process; like every project, the object is to try and expedite the process, so staff plans to bring the item to the Planning Commission in June for approval. He also discussed (2) the Bridgehead Industrial project at the west end of the City, showed a rendering of the buildings, and explained they expect a 6-10 year build out (no users at this time), (3) the Delta Pointe Plaza of which he shared plans, which involves creating the first vertical mixed-use space that will add to the Downtown, and (4) the Live Oak Industrial Park Project (industrial flex spaces) of which he shared a rendering, that will go to the Planning Commission in the next couple of months and then to the Council for final approval.
Mayor Williams mentioned Safeway spurred excitement. She inquired if there is any update on forward momentum for grocery for East Cypress.
Mr. McMurray explained there is no update; it is privately owned and when it was presented, it was indicated that the gas station, car wash and convenience store would be built first. He mentioned he believes the plans are in a state where the City could issue the permit, but nothing has been issued yet. He mentioned residents in that area want to see different uses in that proposed center and the City does its best to attract retailers; however, retailers have specific requirements that must check boxes for them to come; they are in the business of making money to hit a grand slam, not just hit a home run. He explained that the City can’t make it happen, that is not the reality; however, they are actively marketing the site and speaking with retailers and property owners, but he does not have an update on anyone the owners are talking to.
7.2 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 a Diablo Water District (DWD) special meeting at the end of February where co-governance with Randall Bold Water Treatment Plant was discussed, and DWD has a strong case in that Oakley has the lowest rates in the County for water; however DWD still has capital investment it needs to maintain to deliver water, Oakley needs to improve it water quality in that it can be softer, and there is an aquafer beneath us providing a groundwater option. He mentioned there is pressure from the state to come together and putting the facilities together would help alleviate some of the capital investment, labor costs and other items proposed; however, the Randall Bold Water Treatment Plant politely declined. He also reported that AB 1657 is out of committee with some amendments and the State will continue to retain the ability to govern locally and modify RHNA numbers. He added that Jesse Arreguin is now in the State Senate and both he and Buffy Wicks are unhappy with their RHNA numbers in the west side which comes back here. He mentioned there is a BAHFA meeting March 13 at noon and the following Friday, a Bay Area regional collaboration with MTC, ABAG, BAHFA--about 5 or 6 organizations in it. He commented that it is going to be nice to say that Safeway is coming when people ask when we are going to get a Safeway.
Vice Mayor Shaw reported that she attended a Tri-Delta meeting on February 28, and Mayor Williams was unable to make it so she will report in detail: Tri-Delta is working on pairing paratransit with clipper cards starting with a pilot program in San Francisco in 2025 and hope that Tri-Delta will be late 2025-early 2026, the summer youth pass program was approved for June 1-Aug 31 for ages 15-17—they can purchase a pass for $30 and it is valid on all fixed route and express buses but not valid on paratransit or Tri MyRide, and in 2023, Tri-Delta had the highest purchased passes of all the organizations that participate. She mentioned that Tri-Delta is working on increasing ridership and will do a comprehensive operational analysis (COA) to ensure they are meeting rider needs; the last COA was done in 2020 but was more focused on the Oakley park n ride whereas this will be a full review. She also reported she attended a CalCities East Bay Division meeting on February 29 with Assemblymember Lori Wilson and will meet with her later this month. She also reported that the City, Rotary, School District and other sponsors hosted an event on March 6 for Girls Empowerment Day for the middle schools and later that night she was honored to host the Chamber mixer with Police Chief Beard as a guest, along with Scott Wannamaker from ECCFPD, and a representative from the Sheriff’s Office; they discussed how to recruit more women in law enforcement and provided information for local businesses how to stay safe. She mentioned she was a judge on March 9 for Oakley’s Got Talent, an honor, but difficult.
Councilmember Henderson reported he attended the Ironhouse Sanitary District meeting on March 5.
Mayor Williams commented that the Chamber mixer was really good, it was packed, and Chief Beard gave good tips for businesses. She reported that she also attended the CalCities’ meeting and is excited about an upcoming meeting with Lori Wilson’s Office.
She shared that she was also a judge at Oakley’s Got Talent and she didn’t like making children cry so maybe there is a way to revamp it next year. She also reported she attended the Mayors’ Conference and there was a presentation from the Northern California College Promise Coalition and shared that there is a program, CalKids, a college savings account program that gives kids meeting specific eligibility requirements a jump to save for college or career training, with $1,500 to start in the savings account.
She mentioned there was also a presentation from Richmond Promise, founded by the City of Richmond but operating as a 501(c). She mentioned they also discussed city selection for appointments to DPC (applications due by March 19), and with MTC-SB 925-transportation legislation to be introduced in 2026, to address fiscal needs of BART, MUNI, etc. She mentioned they also received a report regarding the Air District lawsuit against refineries which indicated there is a backlog of fines and required improvements to reduce emissions. She also reported that East Bay Regional Parks District will provide a presentation on March 16 regarding women botanists throughout history. She mentioned it looks like all 15 of Senator DeSaulnier’s community project fundings will pass of which Oakley is a recipient of one. She also mentioned CalCities’ webinar on 2100 bills that will be introduced this cycle can be viewed on their website. She shared that a speaker mentioned there is free RV wastewater disposal at Imhoff Drive and Solano Drive. She also reported that she had the opportunity to get together with the other Mayors and City Managers of Pittsburg, Antioch and Brentwood and she is happy to have that collaboration.
(b) Requests for Future Agendas
Vice Mayor Shaw mentioned it is not time sensitive, but during the Governance meeting, it was mentioned that a joint meeting of the City Council and Planning Commission could be held so she would like to request it. It was supported by Mayor Williams.
Dr. Fuller asked if Vice Mayor Shaw could summarize the intent of the meeting.
Vice Mayor Shaw mentioned it may help to have a joint meeting possibly this summer with the Planning Commission to get an idea of what the City Council is looking for and for the Council to understand how Planning Commissioners are feeling about the Planning Commission. She mentioned it was brought up during the Governance meeting as a suggestion.
8) WORK SESSIONS
None.
9) CLOSED SESSION
None.
10) ADJOURN
There being no further business, the meeting was adjourned at 7:58 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk