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 May 14, 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 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Mayor Shannon Shaw and Councilmembers Dr. George Fuller, Hugh Henderson and Aaron Meadows were also present.
1.2 Pledge of Allegiance to the Flag
Oakley Leadership Academy graduate Kerry Harvey led the Pledge of Allegiance to the Flag.
1.3 Award of Certificates for the Oakley Leadership Academy City Manager Joshua McMurray provided information regarding the Academy and mentioned there were 16 participants.
Mayor Williams presented certificates to graduates Andrea Everage, Arnoldo Diaz, Cathy Jurkiewicz, Hiren Patel, Jeanne Krieg, Kerry Harvey, Makayla Mattos, Martha Berry, Matthew Berry, Michael Krieg, Tejah Dillon, and Timothy Trickel. Academy graduates Joshua Smith, Lisa Cano-Loomis, Penelope Tackitt, and Wesley Morgan were not present but were recognized.
1.4 Presentation of Proclamations
1. Building Safety Month (Ken Strelo, Community Development Director)
2. National Police Week (Paul Beard, Police Chief
3. National Public Works Week (Kevin Rohani, Public Works Director/City Engineer) Mayor Williams presented the Building Safety Month proclamation to Ken Strelo, Community Development Director.
Mayor Williams presented the National Police Week proclamation to Paul Beard, Chief of Police.
Chief Beard mentioned tomorrow is Police Memorial Day for our nation and Lieutenant Roberts is in Washington D.C. along with his son who is also in law enforcement for an annual commemorative event for peace officers. Chief Beard mentioned he has authorized the Flag of the United States be flown at half-staff tomorrow and for black bands to be worn across Officer’s badges representing the 3 fallen officers from the Bay Area.
Mayor Williams presented the National Public Works Week proclamation to Kevin Rohani, Public Works Director/City Engineer.
Mr. Rohani mentioned City staff will host an open house next Thursday, May 23, 9am-12pm, in the Civic Center parking lot, with over 200 elementary school students expected to attend. He invited the Council to join.
2) PUBLIC COMMENTS
Chris Palomo, Field Representative for Local 152 Carpenters Union, commented that there is exploitation of workers by developers, unrepresented workers denied livable wages, contractors failing to provide health care, and misclassification of workers. He urged the Council to enact and enforce labor standards and the value hands that build brick and mortar buildings.
Joey Ogo with Be Exceptional commented that he provides skateboarding classes with Parks & Recreation. He requested improvements to Creekside Skate Park. He explained that the ground is rough and unfriendly, skaters want to go to Antioch and Brentwood because they have better skate parks, and the parking lot at Creekside Park is a better surface to skate on than the actual skate park. He requested the Council consider repaving the skate park at Creekside Park.
Mayor Williams requested staff provide a future update on any upcoming improvements.
Alex Menjivar mentioned he is a new resident of Oakley and comes from New York and Sacramento that have the best skateparks. He inquired what can he do for his city. He mentioned he helps Joey at Creekside with the skate program and the surface is like a cheese grater. He shared that he recently started working for a skateboard company and skateboarding is in the Olympics. He mentioned the parking lot has better ground than the actual skatepark and it is embarrassing. He mentioned the kids want to skate in the parking lot, but they can’t because of liability. He added that on Instagram, they see the ground being fixed at the splash site at Creekside Park, but no improvements for the skate park.
Lorena Campos commented that there is a need for repaving the skate park and she will take the request to Parks & Recreation. She explained the skate park is in extremely poor condition, the parking lot is preferred over the skate park because the pavement is cracked and uneven, deterring it from use. She mentioned that the skate park is for family use, but it compromises safety and deters use. She requested the City Council consider her request to re-pave the skate park.
Bud Chaddock commented that Danny Harris from CSDA came out to assess the salmon situation and has experience with the restoration of Monterey Bay and other areas; he confirmed the San Joaquin is vital for all California salmon and that there is great impact to income and jobs related to the salmon, and it is necessary to preserve it. He mentioned they can’t keep counting on the Mokelumne, the only river that had a good return. He mentioned that it is necessary to protect Marsh Creek, a great resource, to guard it against salmon poaching, and we need to do more. He mentioned keeping the water quality clean is important. He mentioned new parks are being discussed but they have a valuable resource already and he doesn’t want to see it become like the buffalo disappearance and later laws were enacted. He added that it takes the Federal, State and local governments to work together.
Marilyn Tiernan commented that to emphasize what Bud was talking about, she has heard that there are homeless persons defecating in waterways and are in the field closer to Laurel. She mentioned the people near the Cypress bridge are defecating, and a number of other things.
She mentioned she doesn’t know who is responsible for it or if have they have suggestions, who to call.
Mayor Williams inquired if Cypress bridge is Antioch’s jurisdiction.
Mr. McMurray confirmed it is not.
Mayor Williams mentioned Chief Beard will speak with Ms. Tiernan. 3) COUNCILMEMBER COMMENTS
Dr. Fuller inquired if the persons making public comment were talking about Creekside Park and Mayor Williams confirmed they were.
Dr. Fuller apologized for being behind on messages and getting back to Bud. He mentioned the San Joaquin starts at Mammouth Lakes and is a vital part to California. He mentioned he has asked Mr. McMurray and others to open up a Library Commission Ad Hoc Committee. He mentioned the Affordable Housing Ad-Hoc Advisory Committee meetings were public, the agenda was posted and published, and there were minutes. He requested that ad-hoc committee meetings be public if they plan to change policies. He added that the library is very important.
Councilmember Meadows commented that regarding the social media policy, he is supportive of the First Amendment and people should have the right to say what they want, including Councilmembers, but with that comes responsibility.
In reference to comments made by Dr. Fuller on Next Door a few days ago. Councilmember Meadows mentioned that the park is Enrico Cinquini Park, not Edward Cinquini. He shared that Mr. Cinquini did a lot for the Oakley community, he was a friend and mentor, he served on the Oakley-Knightsen Fire Board, he was part of OMAC from day 1 until June 30, 1999 (Councilmember Meadows served March 93’ until the end), he served in WWII in the Marine Corp., and he (Dr. Fuller) should get his (Enrico Cinquini) name right as he did a lot for Oakley.
Regarding comments made by Dr. Fuller about moving money around, Councilmember Meadows mentioned he did not introduce a resolution for Enrico Cinquini Park; it is at northeast end of Carpenter and Rose, and happened before the City’s incorporation, not at his doing.
Regarding comments made by Dr. Fuller regarding E. Cypress Road being defunded, Councilmember Meadows mentioned there is an item tonight to add money to E. Cypress Road.
He shared that all 5 of the Councilmembers have made a commitment to make improvements to E. Cypress Road.
Regarding comments made by Dr. Fuller regarding McDonald’s and Quick Quack, Councilmember Meadows shared that he voted for both. He explained that he believes in the Constitution and property rights; both developers and homeowners have rights. He mentioned all Councilmembers had the same information that they would have been sued and likely would have lost millions of dollars, and that money would not be available to go to parks or E. Cypress Road.
Regarding comments made by Dr. Fuller regarding Rotary, Councilmember Meadows mentioned that three Councilmembers (including him) and the City Manager are members. He shared that last weekend, Rotary had its 5th Anniversary Gala to raise money for projects for Oakley, members have painted maps on all elementary schools, eight Freedom High School Seniors will receive $1k scholarships, and they are raising money for the food and toy distribution at Christmas. He commented that he doesn’t appreciate having it singled out continually. He mentioned that facts matter.
4) CONSENT CALENDAR
Mayor Williams announced that item 4.14 will be continued to the next meeting.
Dr. Fuller pulled items 4.5, 4.8, 4.10, 4.11, 4.12, and 4.13.
Mayor Williams pulled item 4.4.
It was moved by Councilmember Meadows and seconded by Councilmember Henderson to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0) Item 4.4
Councilmember Williams commented that the cost has increased a great amount and with issues last year with sick and dying goats, she hopes with this increase that kids don’t see that happening while walking to school. She inquired if there is a plan in place.
Public Works Director/City Engineer Kevin Rohani mentioned the incident she referred to happened two years ago and has already been addressed with the shepherd. He explained that the volume of grazing this year is why there is a cost increase. He mentioned staff try to do some of the work with machinery and some with goats because it is impossible to reach some drain areas with equipment. He also mentioned that sometimes with a wet winter, they have to bring goats twice per year. He added that they need to monitor vegetation, goats are popular and environmentally friendly, and they put measures in place to keep costs down.
Mayor Williams recalled Brian Oftedal mentioning in one of his fire updates that grazing goats are the most efficient way to prevent wildfires.
It was moved by Mayor Williams and seconded by Councilmember Meadows to adopt the resolution. Motion was unanimous and so ordered. (5-0)
Item 4.5
Dr. Fuller inquired why City employees cannot be trained to do the work of Strike Doors.
Public Works Director/City Engineer Kevin Rohani explained that the work Strike Doors performs is specialized, for example for electric gates and to do everything that Strike Doors does would require one person dedicated to all facilities in town, so they contract for more specialized work.
Dr. Fuller inquired why they can’t train staff and if the City has electricians.
Mr. Rohani explained that there are no electricians; they have maintenance workers.
Dr. Fuller mentioned he has a problem with it and explained that since the 1990s, there has been contracting out work; he believes our employees can be trained; there are too many contracts out which is a detriment to our employees; the first choice should be to go through them and if there is no other way, then contract.
It was moved by Councilmember Meadows and seconded by Vice Mayor Shaw to adopt the resolution. AYES: Henderson, Meadows, Shaw, Williams. NOES: Fuller. (4-1) Item 4.8
Public Works Director/City Engineer Kevin Rohani mentioned that the 2024 Oakley Regional Park Master Plan started developing last year with community meetings and outreach, and there have been two rounds of massive planning since 2016 to present. He shared a key feature is its’ uniqueness with features such as camping, fishing, and water recreation, to be a destination point with some traditional park components to draw visitors to Oakley. He shared that E. Cypress residents are eagerly anticipating this park once they get funding and can build it.
Bud Chaddock commented that the park is based on getting grant funds. He mentioned that there are bad enough problems now with roads. He commented on the fishing; that they are considering putting something else in without fixing what is in. He inquired who is going to clean up campgrounds when they have people under Cypress bridge. He suggested developers will have to start putting in more money. He mentioned he likes the idea of a park and Brannan Island is similar and it is having problems at times with funding. He mentioned the roads are choked already and they spent $400k on a fish ladder on Marsh Creek that is useless; the fish can’t get up it because there is not enough water because we keep taking more. He suggested fixing what we have and having the money upfront.
Dr. Fuller mentioned years ago it was called the regional park, then it went to the 55-acre park, and then back to the regional park. He inquired why there have been name changes.
Mr. Rohani explained it is all the same, it is a 55-acre park, it does not have an official name, and it is called the regional park right now as a default name. He explained that once it is funded and built, they will need to create a name.
Dr. Fuller inquired if the Council is approving the item.
Mr. Rohani confirmed that is correct. He mentioned maybe two years ago, after creating the Oakley Strategic Plan, the Council made a collective decision to have a master plan, so they have already walked down this path and the entire Council was involved in the process, and the last public meeting, they had the general support of the Council. He explained that they can use this approval of the plan for an assortment of grant funding and funding opportunities. He mentioned that this will not be built overnight but rather in phases because of its mass scale, and there is a lot of synergy at this site, but they need a plan to use; it is similar to the library plan, this is a vision.
Dr. Fuller moved approval.
Vice Mayor Shaw commented she is not a fan of the item being on Consent. She mentioned E.
Cypress Road will be done before this park and she sends grant information to staff every time she gets it. She mentioned the phases can be adjusted, the whole site is not safe, and if approved, how can they get the site safe-maybe they can start seeing trails linked or something.
She shared that she is not a 100% fan of overnight camping. She inquired if someone would manage it, so staff is not burdened and there are not homeless utilizing it.
City Manager Joshua McMurray explained that the phasing will be dictated by funding available; they have to have a plan to apply for funding. He mentioned Marsh Creek is sensitive to Mr.
Chaddock as there are a lot of sensitive issues to many residents, but they have to focus on conducting City business for the good of the entire city and need a plan in place. He mentioned the Council took courageous steps to take a step forward, to build a base for water sports, recreation, and fishing; they need a site they can have control of, there are many aspects of the plan to appeal to the community, and they can enter into a public-private partnership with someone that is licensed to manage the campground and boat launch. In response to Dr.
Fuller’s comment, yes, they can approve the plan, but more approvals will be needed, such as environmental, design, etc.
Vice Mayor Shaw mentioned she is excited about the water aspect, the unique-skatepark and pump, and she is happy to see it going in this direction. She is happy with the design.
Mayor Williams commented that she is not happy it is on consent; she would have liked to see a final work session. She mentioned the skatepark and pump track she is happy about but surprised to see in the plan, and the final figure is daunting; it seems unattainable and the City doesn’t have resources for multi-year construction as costs go up every year and licensing may recoup some of those costs. She mentioned she loves the plan and idea and she originally brought the item forward; however, she doesn’t want this to also not happen; she wants confidence.
Mr. McMurray mentioned that he can’t say with 100% confidence that it will happen, but they have a great team to find funding; licensing, funding and public-private partnerships, things that they can explore that they haven’t yet; they don’t know what can get until have a plan; they have been unsuccessful on previous 2 plans; this type of project is appealing to grants; they can engage the State for support; and if the Council adopts it; staff will leave no stone unturned.
It was moved by Dr. Fuller and seconded by Vice Mayor Shaw to adopt the resolution. Motion was unanimous and so ordered. (5-0)
Item 4.10
Dr. Fuller inquired why employees can’t be trained for tree lighting maintenance.
Public Works Director/City Engineer Kevin Rohani responded that this is the best cost, and the company provides service to other cities. He mentioned they take care of trees along Main Street to re-string trees when vandalized. He also mentioned that the staff does some and the company does some. He explained that in much larger cities that have hundreds of employees it may be different, but Oakley is never going to be that type of city; it uses in-house resources and a contractor.
Dr. Fuller commented that he is aware of “lean and mean”, the first thing he wanted to disappear when he came on the Council. He shared it always bothered him to assume public workers are goofing off, and he is not convinced employees couldn't be trained. He shared he was impressed when winter holiday decorations went up and the Park Ranger was up on the ladder helping. He mentioned the staff are dedicated workers, very much involved, and he would like to expand on that.
Mr. Rohani mentioned if anyone thinks Public Works staff are goofing off, he invites them to come visit and see; he doesn't want that persona to be associated with Oakley Public Works.
He mentioned the $20k pricing; they will do some and rearrange schedules, but with the amount of work, they need to contract support.
Mayor Williams commented that this item is unlike the other item in that the City does not have specialized labor. She inquired if there are not enough bodies here.
Mr. Rohani explained that it is a volume issue; if they train people for specialized work, there are still general duties to be done from changing a light bulb to machines not working. He mentioned that this company comes in twice per year, and they re-string lights. He shared that this past week they repaved Main Street and had to re-string lights because tree limbs were broken. He mentioned it takes time from other work and this is most efficient way so they can take care of other services.
It was moved by Councilmember Meadows and seconded by Councilmember Henderson to adopt the resolution. AYES: Henderson, Meadows, Shaw, Williams. NOES: Fuller. (4-1) Items 4.11 and 4.12
Dr. Fuller mentioned this does not show any affordable units. He inquired upon actual completion if the design will contain 20%.
City Manager Joshua McMurray explained that on both items, 4.11 and 4.12, no affordable units will be constructed; however, there are 6 builder remedy applications that will eventually provide affordable housing by the time the entire Summer Lake subdivision is completed.
Mayor Williams mentioned the history of entitlements goes back 15+ years. She inquired if staff anticipates much building done before E. Cypress Road is completed.
Public Works Director/City Engineer Kevin Rohani mentioned there are currently 820 homes proposed; Village 1 and 2 proposed to be approved tonight, will take a number of years. He mentioned E. Cypress Road will be completed; this is the first phase of development and it will take a number of years.
It was moved by Councilmember Meadows and seconded by Dr. Fuller to adopt the resolutions for items 4.11 and 4.12. Motion was unanimous and so ordered. (5-0) Item 4.13
Dr. Fuller thanked Mr. Gorman for his report, mentioning he was highly impressed, and it was easy to follow.
Mayor Williams requested staff include real numbers behind general statements to show the City is doing it, as data matters.
It was moved by Dr. Fuller and seconded by Councilmember Meadows to accept the report.
Motion was unanimous and so ordered. (5-0)
4.1 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 April 23, 2024 (Libby Vreonis, City Clerk)
4.2 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)
4.3 Waive the Second Reading and Adopt Ordinance No. 7-24 Amending Section
2.1.010 of the Oakley Municipal Code Concerning the Use of Social Media by Members of the City Council (Derek Cole, City Attorney)
4.4 Adopt a Resolution Awarding a Contract to Capra Environmental Services Corporation for On-Call Weed and Brush Maintenance Grazing Services for Fiscal Year (FY) 2024/25 and 2025/26 and approving Contract Amendment No. 1 for FY 2023/24 (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.5 Adopt a Resolution Awarding a Contract with Strike Doors, LLC for On-Call Electrical Gate and Door Maintenance Services and Repair for City facilities for FY 2024/25 and FY 2025/26 (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.6 City of Oakley Investment Report (3rd Quarter FY 2023/24) (Jeri Tejeda, Administrative Services Director)
4.7 City of Oakley as Successor Agency to the Oakley Redevelopment Agency Quarterly Investment Report (3rd Quarter FY 2023/24) (Jeri Tejeda, Administrative Services Director)
4.8 Adopt a Resolution Approving the 2024 Oakley Regional Park Master Plan, Capital Improvement Program Project No. 176 (Kevin Rohani, P.E., Public Works Director/City Engineer
4.9 Adopting Two Resolutions Initiating the Fiscal Year 2024/25 Oakley Street Lighting and Landscape Assessment District No. 1 proceedings; initiating the process and declaring the intention to levy and collect assessments, and setting June 11, 2024, as the date for the Public Hearing (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.10 Adopt a Resolution Authorizing the City Manager to Execute an Agreement for Downtown Tree Lighting Maintenance Services with Pacific Display, Inc. for the City of Oakley for Fiscal Years (FY) 2024/25 and 2025/26 (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.11 Adopt Two Resolutions Approving a Subdivision Improvement Agreement and a Final Map for Summer Lake North (Phase 1) Village 1 Subdivision 9616 located at the northeast corner of East Cypress Road and Bethel Island Road (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.12 Adopt Two Resolutions Approving a Subdivision Improvement Agreement and Final Map for Summer Lake North (Phase 1) Village 2 Subdivision 9617 located at the northeast corner of East Cypress Road and Bethel Island Road (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.13 City of Oakley General Plan Annual Progress Report Calendar Year 2023 (Evan Gorman, Associate Planner)
4.14 (Continued from April 23, 2024) Adopt a Resolution Accepting a Grant Deed Conveying to the City of Oakley Certain Real Property Interests (portions of APN 034-090-022, located at Laurel Road and O’Hara Avenue) (Derek Cole, City Attorney)
4.15 Adopt a Resolution Awarding a Contract to Sweeping Corp of America (SCA) for Street and Parking Lot Sweeping Maintenance Services for the City of Oakley for FY 2024/25 and FY 2025/26 (Kevin Rohani, P.E., Public Works Director/City Engineer)
5) PUBLIC HEARINGS
5.1 Planning Area 6-H Subdivision 9636 (East Cypress Corridor Specific Plan) Tentative Map (TM 01-23)-Request for approval of a Vesting Tentative Map to subdivide 16.5 acres into 89 single family residential lots. APNs 032-082-010 and 032-082-011 (Ken Strelo, Community Development Director) Community Development Director Ken Strelo provided the staff report and PowerPoint presentation.
Dr. Fuller inquired if there is affordable housing. He mentioned there are senior units but they are pricey and constricted, so he is curious how they are going to make their affordable housing unit needs within that unit as presented.
Mr. Strelo explained that it is not proposed for affordability; the Development Agreement gave an option up to 196 affordable units; this is different, and he believes the homes will be single family market rate as staff has not received a proposal for a density increase or affordability.
Dr. Fuller inquired if it can be added as a requirement is the Council approves it.
Mr. Strelo suggested the Council hear from the applicant first as the Council can require it, but the applicant would have to agree to it.
Councilmember Meadows mentioned there is no affordable housing, but he would expect a lower price point based on the lot size.
Owen Poole, representative for the applicant, mentioned on the previous map, the project had 4 pieces: the levee, roadway to south, Bethel Island Road, and the envelope in the middle. He mentioned to acquire it, they had to complete the entire perimeter around the levee and the response from Bethel Island Road to Summer Lake, in working with Planning and Public Works, was to align the edge so when Summer Lake North is finished, they have alignment to complete the levee. He mentioned they lost a lot of units because of environmental constraints to the west and they built a $4.5 million preserve that has been accepted and approved by HCP and is functioning; they voluntarily gave up units to the environment. He mentioned that affordable housing was never part of the deal. He shared that the City was created because it was tired of being the County’s dumping ground for affordable housing. He explained that this project, how do it to develop east side of road for Oakley; if there had been an affordable project, this would not happen as it would not pencil. He mentioned they are trying to come up with a variety of housing types and sizing and his son lives in Oakley, so he is sensitive that housing is expensive. He mentioned this project is trying to capture units lost and responding to the East Cypress Corridor alignment with Bethel Island Road and Sandmound.
Dr. Fuller mentioned they built the preserve to meet environmental requirements and forfeited 54 units. He expressed that his concern is that there is no affordable housing, and they have an obligation to meet requirements. He mentioned he understands about connecting the levee and hill.
Mr. Poole mentioned the road will elevate part of the levee.
Dr. Fuller commented that he can accept that units forfeited as an exchange for affordable housing to recoup their investment; even though wasn’t discussed before and now it is; based on that he can accept it along with what was done for the preserve.
Councilmember Meadows commented that he doesn’t like the layout; it is the same as Oakley Road and he didn’t like that. He mentioned he is likely to vote for it but requested Mr. Poole not bring back layouts like this.
Mayor Williams inquired about the anticipated selling price.
Mr. Poole mentioned he doesn’t know but hopefully it will be as affordable as possible.
Mayor Williams mentioned there are garages. She inquired if there is extra parking for visitors, which Mr. Poole confirmed there will be.
Mayor Williams opened the public hearing and called for public comments. There being no public comments, she closed the public hearing.
Dr. Fuller inquired if the Council approves the tentative map if it is required to accept and keep the same map or if another map can be brought forward.
Mr. Strelo explained that is the tentative map is approved by the Council, the entitlement is good as long as the applicant meets all conditions of approval before filing the final map; once the final map comes forward, it should be approved by the Council and recorded. He mentioned what still will come forward is the design/architectural that will be reviewed by the Planning Commission.
Dr. Fuller shared that he passed by a project similar to this and he agrees with Councilmember Meadows; it makes him shudder, it looks like military housing, corroded and unpleasant. He mentioned if modifications could be made, it would be nice to see.
In response to Mayor Williams’ inquiry about selling price, Councilmember Meadows guessed on a price point; if built today, it would be in the high 600s-low 700s.
Mayor Williams inquired if the likelihood of anything being built before E. Cypress Road is built is slim.
Mr. Strelo confirmed that is correct; the homes cannot be occupied until the levee is built.
Mayor Williams expressed that she hates the price point; it is more than average that residents can afford, but she appreciates the variety of housing. She shared that she is not a fan of more single-family homes; these are tiny homes, and the price point is crazy.
Councilmember Meadows mentioned it is $90k in fees just to pull a permit before they start to build.
It was moved by Councilmember Henderson and seconded by Councilmember Meadows (he expressed he doesn’t like the layout). Motion was unanimous and so ordered. (5-0) Mayor Williams called for a break at 8:24 p.m. The Council reconvened approximately 10 minutes later.
6) REGULAR CALENDAR
6.1 Adopt a Resolution to re-allocate or un-fund certain capital improvement projects for fiscal year 2023-2024 (Jeri Tejeda, Administrative Services Director) City Manager Joshua McMurray took a moment to address what he indicated was misinformation on Dr. Fuller’s social media accounts. He mentioned staff identified there was an issue with the CIP program during past review at mid-year and was very transparent about it, he is committed to being transparent, and it was mentioned that mid-year review statements showed that CIP may need to be placed on hold, there were potential funding deficits and potential for negative fund balance, specifically with the traffic impact fee and park impact fee.
He mentioned they expressed that they must wait until May to confirm if they should need to unfund projects during that time, and is what staff is doing tonight. He mentioned they don’t operate in perfection, but in reality. He provided specific numbers of homes budgeted versus permits pulled in fiscal years 2022/2023 and 2023/2024 with both fiscal years having shortages.
He mentioned the economy has not improved. He mentioned he communicated through email with Dr. Fuller that the City cannot mix park impact funds with road funds. He explained that the Fund 204 park impact fee has been adjusted lower and there are rising costs for the Enrico Cinquini Park; during fiscal year 2022/2023, they allocated $3.5 mil for the project. He mentioned park impact fees come from developers. In regard to Fund 202, CIP 268,269, and 270, were unfunded to balance the fund to be responsible; an adjustment is being made for lower than expected revenue. He mentioned they are not unfunding any work on E. Cypress as mentioned in Dr. Fuller’s social media post. Mr. McMurray explained that his job is to ensure the project is delivered to the community as promised, staff is exercising transparency and attempting to correct deficiencies in funds, and staff is asking the Council to unfund projects in the most responsible way possible.
Administrative Service Director Jeri Tejeda presented the staff report.
Dr. Fuller inquired if ARPA funds need to go to parks.
Mr. McMurray responded that is exactly what is happening which he already provided in an email and on the record now.
Dr. Fuller mentioned how many times he has pleaded to get something done to Creekside and now there are people coming to the meeting to address it; the east side of Main is not getting any money and the area is neglected. He mentioned the streets running north of Delta Road are private and dirt roads, also along Main Street some are padlock/gated. He mentioned if APRA fees can go to parks, $1-$2 million should go to Creekside Park.
Mr. McMurray commented that staff is preparing to recommend the budget and Council can provide direction if it wishes to move money to Creekside.
Dr. Fuller mentioned how many times he has pleaded, and he hasn’t had any contact with the individuals that showed up to ask for improvements to Creekside Park. He mentioned it is clear they can move $1, 2, 3 million into Creekside Park and discussed CIP 302.
Mr. McMurray mentioned they have already funded ARPA funds; they don’t need to fund it twice; the design will move forward.
Dr. Fuller inquired what amount is allocated to design.
Ms. Tejeda mentioned it will come before Council during the next meeting; it is around $300k.
Dr. Fuller mentioned the City has looked for funding for the Recreation Center and park areas, but E. Cypress Road he campaigned on when there was a fire and it was a madhouse; he is hearing that is not being changed but he has heard that over and over again; it’s not misstated; it is staff’s writing that is misleading, smoke and mirrors. He inquired why they can’t take $1 million and move it from Cinquini Park to the Library as it involves expanding Civic Center Park.
Mr. McMurray explained that there are multiple impact fees when issuing a building permit: park, impact and public facility impact fees; they have budgeted public facility impact fees for the library and cannot use the park fees for the library.
Dr. Fuller inquired if he foresaw this.
Mr. McMurray explained that he just read specific verbatim statements that they did foresee this, the cost of park construction, over $1 million per acre; the cost of construction is very expensive now.
Dr. Fuller mentioned it is $5 million now and another $1 million soon, then it will be $6 million in the end.
Mr. McMurray explained that the City doesn’t typically develop parks from ground up; this project was approved by the County; the park fee the County was going to pay the City was $2.1 million and they can’t construct at that price, but residents expect the park.
Dr. Fuller inquired why they didn’t unfund the parking lot to use for the park.
Mr. McMurray mentioned that decision was made by the City Council and project expense is increasing; there is no way to deliver it to the community for less than what is proposed unless it will be 4.5 acres of turf.
Dr. Fuller inquired why the City hasn’t done anything for Creekside Park.
Mr. McMurray mentioned staff has not received any direction from the Council to do anything with Creekside Park.
Mayor Williams inquired if there could ever be a situation where the Council can use park funds for a parking lot.
Mr. McMurray explained that the impact fees are separate buckets and the Council would have to adopt resolutions for roadway improvements to include parking lots.
Mayor Williams inquired about the accounting on item 302.
Ms. Tejeda mentioned it is to show previously funded and money remaining.
Mayor Williams inquired if they are not lessening the amount.
Ms. Tejeda explained that $380k is set aside for design and it had been allocated in the traffic impact fund and in the ARPA fund, and they are now reducing it by $380k, but the intent is not to have double the amount. She mentioned it is to design phase 3 of E. Cypress Road.
Mayor Williams inquired if E. Cypress Road is not being stalled which Ms. Tejeda confirmed is correct.
Vice Mayor Shaw mentioned she went through the whole staff report and had the same general consensus what they are getting at. She mentioned the attachments to staff reports have details so sometimes it takes further digging.
Councilmember Meadows inquired if they move traffic impact fees to park funds, if payers of traffic impact fees would be able to request a refund of traffic impact fees.
Mr. McMurray mentioned that would be an issue as well as an audit as they are mixing buckets.
City Attorney Derek Cole mentioned the City would be sued and would lose.
Ms. Tejeda mentioned the AB 1600 report happens at the same time as the audit and they have to report on impact fees-- how they are spending and when they anticipate spending. She mentioned the intent is to collect and spend within every 5 years.
Mayor Williams commented that CIP 268/269 are necessary. She inquired if the CIP remaining for $200k is going to get the intersection improved.
Mr. McMurray mentioned it is not even close. He explained that the right-of-way needs to be acquired and there is design and construction. He mentioned he does not think that the design could even happen right now for $100k.
Mayor Williams inquired with right-of-way needing to be acquired on Laurel Road and E.
Cypress if staff thinks the City would have a project within 5 years.
Mr. McMurray mentioned he highly doubts it. He explained that the main way the City gets public infrastructure is through development and the City constructing small sections.
Dr. Fuller mentioned item 310 provides gas tax of $200k for widening, then general capital projects for $400k. He inquired if it can’t go to Delta and Main.
Mr. McMurray explained that traffic impact fee money can be used on roadways, however the Council can decide if it wants to provide different direction. He mentioned staff have been given direction to focus on E. Cypress Road and Laurel Road; they just want to make sure the fund balance balances.
Dr. Fuller mentioned he really didn’t mean it is going to be unfunded; staff found money over here to get it done; staff said it is being unfunded and now defensively are saying they didn’t and it wasn’t in the report.
Councilmember Henderson requested clarification if they unfund the Delta Road and Main project, it is not going away, they are just moving it until they can do another project.
Mr. McMurray mentioned this is correct and intersections.
Councilmember Henderson mentioned they are including with it needing land and another jurisdiction to deal with when it comes to design.
Mayor Williams mentioned she wants to make sure that everyone understands that money is allocated and cannot be used and they can’t accuse people of misappropriating money if they don’t understand; it doesn’t mean they took it from something else to unfund it. She mentioned because we [the Council] may not understand when reading; if they say money is going to this, they have a duty to put it to that. She mentioned after the entire Council has been fighting to have funding go to E Cypress, to take it from that to give to Brownstone would be unjust as direction has already been given to staff and people are expecting it. She mentioned to accuse staff…
Dr. Fuller inquired who accused staff of misappropriated funds and mentioned Mayor Williams’ double talk is something.
Mayor Williams mentioned she must have misunderstood when Dr. Fuller mentioned that all of a sudden staff will find $500k; that is how she heard it. She mentioned staff is not moving money around to fund a pet project or something else.
There were no public comments.
It was moved by Councilmember Meadows and seconded by Vice Mayor Shaw to adopt the resolution.
Dr. Fuller mentioned the southeast side of town is dangerous, it is ignored over and over again because of the general election, the southeast side or east of Main is po’ folk/BIPOC, the City is not worried about injuries with Brownstone, and the intersections are dangerous. He mentioned the bottom line is that there is $5 million for that project and they are moving money; they can have a nice park with $4 million but got a Recreation Center first.
Mr. Cole mentioned they are getting way off topic, this topic was not presented, and the Council controls the creation of CIPs and funding.
Mayor Williams called the question.
AYES: Henderson, Meadows, Shaw, Williams. NOES: Fuller. (4-1) 7) REPORTS
7.1 CITY MANAGER
(a) City Manager
(b) Business License Update
Mr. McMurray reported on the County’s Emergency Services Local Hazardous Mitigation Plan, the Military Equipment meeting to be held May 16 at 6pm in the Chambers, and AB 1657 (Mayor Williams inquired at the last meeting if RHNA numbers could shift and in his review they cannot and in Townsend’s review there is no language in the bill that numbers move in any way). He addressed comments Dr. Fuller made about him in Rotary. He explained that he joined Rotary in 2021, it meets his moral values, he has been a member for over 2 years, he has dedicated his entire career to public service, he supports their mission, and he proudly wears its pin. He mentioned the business license update has been provided in the agenda packet.
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
Councilmember Henderson reported he attended the City’s birthday party on May 4th, on May 7 th he attended the Ironhouse Sanitary District Board meeting, and on May 8, he attended Supervisor Burgis’ mixer in Brentwood.
Vice Mayor Shaw reported she attended Tri-Delta meeting on the 24th, the 25th she attended a tour regarding the Library with Assemblymember Wilson and later that night she attended a East Bay CalCities meeting and Attorney General Rob Bonta spoke, and she attended a Library County Foundation meeting via Zoom. She also reported that she spoke at the Liberty Union High School District (LUHSD) Fentanyl Awareness event, on 5/1 she attended a sub-committee meeting for the Library regarding the donor wall design and brochure, she attended Oakley’s 25th birthday kick off, Tri-Delta’s shredding event, the Chamber’s mega mixer put on by Diane Burgis, and Rotary. She mentioned she has received some calls from The Oaks residents, some complaints, compliments, and advice.
Dr. Fuller reported he attended Supervisor Burgis’ event, a stormwater runoff meeting webinar, and the East Bay Council on Leadership regarding the economic forecast.
Councilmember Meadows mentioned the TRANSPLAN meeting last week was canceled. He reported he attended the City’s birthday event, CCTA is tomorrow, and MCE Thursday.
Mayor Williams provided information regarding the Tri-Delta Board’s position on SB 1031, the paratransit program (Measure X funding) and the CalCities’ meeting featuring AG Rob Bonta’s report. She reported she attended Brentwood’s Day of Service; LUHSD Athletic Hall of Fame where Freedom High School’s 2016 football team was inducted, the Brentwood Chamber job fair, the LUHSD fentanyl awareness event, the Library sub-committee meeting, the Measure X funding meeting, and a mental Health ceremony.
(b) Requests for Future Agendas
Mayor Williams requested a Day of Service event after the City’s 25th anniversary year. It was supported by Vice Mayor Shaw.
8) WORK SESSIONS
8.1 Fiscal Year 2024/25 Budget Work Session (Jeri Tejeda, Administrative Services Director)
Administrative Services Director Jeri Tejeda presented the staff report and PowerPoint presentation.
There was an issue with microphones. Mayor Williams called for a brief recess.
Due to meeting time constraints, Mayor Williams inquired if they could pause the item and hear items 8.2 and 8.3 prior to this discussion.
It was moved by Vice Mayor Shaw and seconded by Mayor Williams to change the order of items as mentioned. Motion was unanimous and so ordered. (5-0) Items 8.2 and 8.3 were heard and then Item 8.1 was heard.
Ms. Tejeda continued her presentation.
Dr. Fuller asked if you create a public service fund, how you keep it from an outside attack, e.g., Police service fund if there is a call by the public to defund Police.
Ms. Tejeda explained that the fund it sits in doesn’t allow staff to allocate or take money away from the fund. She mentioned if the Council wants to cut the Police budget, it can happen whether the money is in the general fund or in the Police service fund. She mentioned the P-6 money is still the P-6 money; it is just sitting in a different place.
Dr. Fuller commented he likes being transparent, but if an incident similar to the George Floyd incident occurred, he is afraid the headlines would point directly to the money that needs to go.
He mentioned he is skeptical of stockpiling (IT services fund). He inquired how the City ensures that someone paying taxes now gets the entire value of that tax now rather than some or all later. He also inquired why the incremental method is used.
Ms. Tejeda explained that historical data is used when they don’t have all the data; they look at what has happened in the past and use it as a tool to prepare for the future.
Dr. Fuller mentioned it limits systemic creativity.
Ms. Tejeda mentioned historical data is not percentage based; it is used as a guideline but it is not mandatory a specific value is used; discussions happen with staff for current year budget; it is helpful for 10-year projections.
Councilmember Meadows inquired if we believe sales tax will increase 3% and if it came from HDL.
Ms. Tejeda confirmed it came from HDL and the City went slightly more conservative than the actual HDL percentage.
Councilmember Meadows expressed that it has been wrong, but hopefully it is correct. He inquired about the internal services fund, if it is standard in agencies which Ms. Tejeda confirmed it is.
Councilmember Henderson mentioned another way to describe internal services fund is capital equipment replacement and they are building it all into one fund. He mentioned other agencies budgets may have those separate but by doing it in the internal fund, you can move it across to other replacement areas.
Ms. Tejeda confirmed it is to do capital replacements and they build a plan based on how many vehicles, when they may need to be replaced and the cost of replacing them.
Councilmember Henderson inquired if they try to go the life cycle of the vehicle of which Ms.
Tejeda confirmed is correct.
Councilmember Henderson referred to assessed valuation, the City using 5.5% whereas the consultant used 6%. He inquired how staff calculated that into 10 years.
Ms. Tejeda explained that the 5.5% is only for 3 years; the consultants give us a 5-year plan so it is 4% for 2025, 4% for 2026, and 5.5% for 2027, 2028 and 2029, and the consultant’s estimates are between 6-6.5% during these years, and then they go back down to 4% for the rest of the years which is extremely conservative.
With the time being 10:53 p.m., it was moved by Councilmember Meadows and seconded by Vice Mayor Shaw to extend the meeting past 11 p.m. Motion was unanimous and so ordered. (5-0)
Vice Mayor Shaw mentioned the internal funds, it is like a giant compound account; she likes the idea of it and going that route, as they may have years where they need funds for replacements.
Mayor Williams mentioned the internal service funds will have a shortage of funds in 2033 by $240k and this does not change that.
Ms. Tejeda explained that the expenditures are built into the department budgets which escalate by whatever they put in which is the 4% in operating budgets. She mentioned potentially if they reduced what was moved to the internal service funds year over year, which means they wouldn’t be able to replace equipment, that would change the outlook of the 10-year plan; this is included in that 10-year projection.
Mayor Williams inquired since this is General Fund money, if it could be reassessed; if something didn’t need to be replaced, the money could be moved to other places.
Ms. Tejeda explained that if they found an internal service fund that accumulated large balances not being spent, staff would bring it to Council to reassess where it should go.
Mayor Williams had a similar question regarding stormwater funds and if it could be increased or decreased depending on what is happening which Ms. Tejeda confirmed could.
Dr. Fuller requested an increase in the ADA funds so the Council can say they are behind it.
8.2 Pancho’s Market 2 - Preliminary General Plan Amendment (PA 02-23)-Work Session to discuss the merits of a potential project to amend the General Plan Land Use Designation of an approximately 0.42-acre parcel from Residential Low/Medium (RLM) to Commercial (CO) (Evan Gorman, Associate Planner) Associate Planner Evan Gorman presented the staff report and PowerPoint presentation.
Mayor Williams inquired if this would have the same availability as other commercial; they currently cannot apply for grants.
Mr. Gorman mentioned he is not familiar with how this impacts grants.
City Manager Joshua McMurray mentioned the grant program can help commercial business, they not asking applicant to move toward it, but they would qualify.
Mayor Williams mentioned they are alone on a corner, there are not houses up against it; there is housing across the street and behind it some distance.
Mr. Gorman confirmed there is an empty section of lot behind it and residences around.
Mayor Williams inquired if the applicant wishes to expand.
Mr. Gorman mentioned that has not been disclosed to staff.
Councilmember Meadows inquired with the GPA, if they can run it through when doing other GPAs to save cost for the applicant.
Mr. McMurray mentioned the City could wrap that into GPA project it initiates but not sure that the City has anything immediate, but when it does, they can see if the timing works for the property owner.
Councilmember Meadows shared that he supports the change.
Vice Mayor Shaw mentioned that it is not often that they are asked to change from residential to commercial; it was meant to be commercial, and she would support it.
Dr. Fuller mentioned this area of the City has been neglected, the applicant has served the community and gained respect, he is happy with what has he has done and is fine with it.
Councilmember Henderson mentioned he supports it, it has been a commercial establishment for 50+years, and it needs to be commercial.
Mayor Williams mentioned she is in agreement as long as it is financially feasible; it should have always been commercial.
8.3 5050 Live Oak Avenue - Preliminary General Plan Amendment (PA 01-24)-Work Session to discuss the merits of a potential project to amend the General Plan Land Use Designation of an approximately 1.42-acre parcel from Light Industrial (LI) to Residential Low/Medium (RLM) (Evan Gorman, Associate Planner) Mr. Gorman presented the staff report and PowerPoint presentation.
Councilmember Meadows inquired why the applicant is not present.
Mr. Gorman mentioned the applicant was unable to attend.
Microphones cut out at 10:18 p.m. and were brought back up.
Public Comments
Ken Ferrante commented that changing that parcel has an effect on adjacent parcels and could cause a slow creep; if they turn that into residential, other light industrial may be affected. He mentioned sounds and dust that will flow in that direction. He added that the City has a large footprint for residential growth that is already approved; it is dangerous to reduce a light industrial footprint because as the City grows, people need somewhere to operate. He mentioned he has partnered with the City for growth for many years and changing zoning is damaging to long term general planning.
Richard Ladeira submitted written comments and mentioned he bought property in 1983 with the help of Rico Cinquini to get light industrial; they need a buffer or it won’t work right.
Councilmember Meadows inquired if Mr. Ladeira is on north side of the school and if Mr.
Ferrante is across the street from the school (and 2 other locations).
Dr. Fuller inquired what is his relation.
Mr. Ferrante mentioned he is west of the proposed zoning change; it would affect business operations and people trying to sleep.
Mayor Williams expressed concerns about stranding an island of light industrial and doesn’t agree to take it away. She mentioned it is zoned for Antioch schools, so they are not doing residents any favors; she is not in favor.
Dr. Fuller mentioned if light industrial isn’t developed with the existence of state laws, if a person can say its vacant and start constructing; the state may come in and build it.
Mr. Gorman mentioned they didn’t assess how recent state law would affect it; it didn’t have that level of review.
Councilmember Henderson mentioned he is not in support of it; they have very few areas zoned in the City for light industrial.
Councilmember Meadows inquired if they change it and have a corner left, if someone can put light industrial on that 1 acre.
Mr. Gorman mentioned that would have to be considered in the review process.
Councilmember Meadows inquired again why the applicant is not present.
Mr. Gorman responded that the applicant told him they couldn’t make it.
Councilmember Meadows commented that it tells him they’re not that interested. He mentioned pre-2020, the parcel to the east was converted to light industrial and he understands the school is there but just because the school went in, doesn’t mean it changes uses around it; the school has to live with it. He mentioned Mr. Ferrante was affected with certain hours conditioned and the type of operation, he works between school hours for most part; other operations would be in conflict.
Mr. Ferrante mentioned he knew going into it what he was facing, he has tried to be a good neighbor, but if someone else had it he is uncertain; they are upwind, everything on Live Oak is upwind, so he focuses on a very clean site because when dust comes through, it goes to the school; he has made a choice to pave and sweep.
Councilmember Meadows commented that the residential lot to the east has had the property for a while, they got a crazy price for it, and there are factors that make it cost prohibitive, but assuming fill is needed, he inquired if it can ever be converted back to light industrial.
Mr. Gorman responded that it can through the same process.
Vice Mayor Shaw commented that with 1.42 acres, there could potentially be 7 units; it is restrictive on commercial but would not be on residential; she is not a fan.
Dr. Fuller commented that he is not enthused about the housing project, and he doesn’t have enough information to make a decision.
9) CLOSED SESSION
Mayor Williams announced the Closed Session item and provided date, time and location of the next regular meeting.
9.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54954.5(e)
Title: City Manager
10) ADJOURN
There being no further business, the meeting was adjourned at 12:00 a.m.
Respectfully Submitted,
Libby Vreonis
City Clerk