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OAKLEY (CONTRACOSTA COUNTY)Decisions and attributed speech publishedPartial coverage

Oct 11, 2022 - 04:26 PM

Tuesday, October 11, 2022 · Government meeting record

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Oct 11, 2022 - 04:26 PM

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>> A HUSH FELL OVER THE CROWD SO I GUESS IT IS TIME TO START. I CALL THIS MEETING TO ORDER. THE OAKLEY CITY COUNCIL IS ACTING AS A SUCCESSOR AGENCY TO THE FINANCING AUTHORITY. TODAY IS TUESDAY, OCTOBER 11, 2022. ROLL CALL. >> VANESSA, GEORGE, AND I AM RANDY. SUE HIGGINS IS ATTENDING A TRANSIT AUTHORITY CONFERENCE IN SEATTLE WASHINGTON. SHE IS THERE REPRESENTING THE CITY AND HER COMMITTEE ASSIGNMENT. PLEASE STAND AND JOIN ME FOR THE PLEDGE OF ALLEGIANCE. >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. TO THE REPUBLIC FOR WHICH IT STANDS, UNDER GOD INDIVISIBLE AND LIBERTY FOR JUSTICE FOR ALL. >> THE NEXT ITEM OF HIS PROCLAMATIONS BUT I DO NOT HAVE THEM. WHILE WE ARE WAITING FOR THOSE, WE CAN MOVE ON TO PUBLIC COMMENTS. THIS IS A OPPORTUNITY FOR MEMBERS OF THE AUDIENCE TO SPEAK ON ITEMS WHICH ARE NOT ON THE AGENDA. IF YOU WISH TO SPEAK ON A ITEM THAT IS ON THE AGENDA, WE ASK YOU TO FILL OUT ONE OF THE BLUE CARDS AND MARK ON AT THE AGENDA NUMBER SO WE KNOW TO CALL YOU AT THE APPROPRIATE TIME. PAST THE CARD APPEAR AND THEY WILL GIVE IT TO ME AND I WILL KEEP TRACK OF THAT SO WE CAN MAKE SURE WE ALLOCATE TIME. ANY MEMBERS OF THE PUBLIC, ITEMS NOT ON THE AGENDA? OKAY, WE MOVE ON TO THE CONSENT CALENDAR WE HAD A PUBLIC COMMENT ON 3.8. WHICH I BELIEVE WAS RESOLVED. SO WE DO NOT NEED TO PULL THAT UNLESS SOMEBODY ELSE WANTS TO. >> I MOVE APPROVAL. >> SECOND. >> ALL IN FAVOR? >> AYE. >> IT IS UNANIMOUS, THANK YOU. CIRCLING BACK, THE PRESENTATION OF PROCLAMATIONS. WE HAVE A NATIONAL FRIENDS OF THE LIBRARY MONTH. ARE YOU HERE? NO? OKAY. DOMESTIC VIOLENCE AWARENESS MONTH. SHANNON. NO. RED RIBBON WEEK. SAY THAT THREE TIMES FAST. PATRICIA? PATRICIA IS HERE? OKAY. BREAST CANCER AWARENESS MONTH, IS IT JANET? GREAT. SO WE WILL TAKE THE RED RIBBON WEEK AND MEET YOU UP FRONT THERE. NO? YOU DO NOT KNOW THIS STRANGE LADY? YOUR ADVISOR WHO JUST HAPPENS TO BE TAKING PHOTOS. THE CITY OF OAKLEY AND THE PRIDE AND PURPOSE PROJECT VALUE OUR CITIZENS ESPECIALLY OUR YOUTH. UNDERAGE DRUG USE IS DAMAGING TO ONE OF OUR MOST VALUABLE RESOURCES. A CONTRIBUTING FACTOR AND THE THREE LEADING CAUSES FOR DEATH FOR TEENAGERS. THE NATIONAL RED RIBBON CAMPAIGN GIVES THE CITIZENS AND THE YOUTH OF OAKLEY A OPPORTUNITY TO DEMONSTRATE THEIR COMMITMENT TO SUPPORTING DRUG-FREE LIFESTYLES. NO ILLEGAL USE OF LEGAL OR ILLEGAL DRUGS. THE CAMPAIGN WILL BE CELEBRATED IN THE CITY OF OAKLEY DURING RED RIBBON WEEK OCTOBER 31 THROUGH 31st. THE CITY OF OAKLEY AND THE PRIDE AND PURPOSE PROJECT, TO INVOLVE FAMILY SCHOOLS, LAW ENFORCEMENT AGENCIES AND SERVICE ORGANIZATIONS IN ALL ASPECTS OF THIS CAMPAIGN AND ESTABLISH A ATMOSPHERE THAT SUPPORTS AWARENESS, EDUCATION AND ONGOING INITIATIVES TO PREVENT ILLEGAL DRUG USE. AND TO SHOWCASE THIS BY WEARING AND DISPLAYING RED RIBBONS DURING THIS WEEKLONG CAMPAIGN. WERE AS THE RED RIBBON CAMPAIGN WEEK PROMOTES FAMILIES AND INDIVIDUALS FOR LIVING HEALTHY DRUG-FREE LIFESTYLES AND WHERE AS THE PRIME PURPOSE PROJECT AND OTHER COMMUNITY-BASED ORGANIZATIONS WILL SHOW VISIBLE AND UNIFIED INVENTION EDUCATION EFFORTS LAUNCH TO ELIMINATE THE DEMAND FOR DRUGS. THE PRIDE AND PURPOSE PROJECT COMMITS TO UTILIZE ITS RESOURCES TO ENSURE THE SUCCESS OF THE RED RIBBON CAMPAIGN IN OAKLEY. ON BEHALF OF THE CITY COUNCIL I DO HEREBY PROCLAIM THE WEEK OCTOBER 23-31, 2022 AS RED RIBBON WEEK. AND ENCOURAGE YOUTH AND CITIZENS TO PARTICIPATE IN DRUG PREVENTION ACTIVITIES MAKING A VISIBLE STATEMENT THAT WE STRONGLY SUPPORT A DRUG FREE LIFE AMONGST OUR YOUTH IN OAKLEY. PHOTO? >> HELLO. BEFORE I START I WANT TO THANK THE CITY OF OAKLEY FOR PROCLAIMING OCTOBER 23 THROUGH THE 31st RED RIBBON WEEK. I AM CURRENTLY A JUNIOR AT PITTSBURG HIGH SCHOOL AND I AM ALSO A MEMBER OF THE PROGRAM PROJECT PRIDE AND PURPOSE. THE REASON WHY I CHOOSE TO LIVE A DRUG-FREE LIFE IS BECAUSE I GET TO MAKE MY OWN DECISIONS, CONTROL MY EMOTIONS AND HEALTH. DRUGS WOULD TAKE AWAY MY ABILITY TO CONTROL MY THOUGHTS AND ACTIONS WHICH WOULD INCREASE MY CHANCES OF BECOMING MORE IMPULSIVE AND PREVENT ME FROM MAKING GOOD DECISIONS FOR THE PEOPLE AROUND ME AND MYSELF. ALSO DRUGS WOULD ALSO ALTER MY PERSONALITY AND ENCOURAGE THINGS LIKE ANGRY OUTBURSTS, SUDDEN MOOD SWINGS AND MAKE ME MORE IRRITABLE. WITH A DRUG-FREE LIFE, I AM ABLE TO MAINTAIN OR CONTROL MY MENTAL AND PHYSICAL WELL-BEING. BY LIVING A DRUG-FREE LIFE I AM ABLE TO TAKE CARE OF MY HEALTH AND ELONGATE MY LIFE JUST A LITTLE TO LOOK FORWARD TO THE THINGS LIKE GRADUATING FROM HIGH SCHOOL, POSSIBLY COLLEGE. SEEING MY FAMILY IN PEACE AND BEING ABLE TO SEE HOW MIKE GRANDCHILDREN WILL LOOK LIKE IN THE FUTURE. I JUST WANT TO SAY LIVING A DRUG-FREE LIFE MAKES ME APPRECIATE AND ENJOY LIFE AS IT IS AND IT FURTHER ALLOWS ME TO SPEND TIME WITH THOSE AROUND ME. >> HELLO, I AM PATRICIA, THE PRESIDENT OF THE PRIDE AND PURPOSE PROJECT. EACH INDIVIDUAL CELEBRATES THEIR LIFE DIFFERENTLY. WE MAY ALSO CELEBRATE IN COMMON WAYS. LIKE TREATING OURSELVES TO FOOD AND GIFT OURSELVES SOMETHING. ONE WAY TO CELEBRATE MY LIFE IS RELAXING. GET MY FAVORITE SNACKS AND READ A BOOK OR WATCH A SHOW. I AM A SENIOR IN HIGH SCHOOL NOW WITH COLLEGE APPLICATIONS OCCURRING THIS VERY SECOND. I DID NOT REALIZE HOW PRECIOUS BEING ABLE TO RELAX IS. I TOOK RIGOROUS COURSES BEFORE ON TOP OF COLLEGE APPLICATIONS AND SCHOLARSHIPS. COLLEGE IS EXPENSIVE. THIS IS A TIME THAT I CAN PEACEFULLY RELAX BY MYSELF AND PLAY WITH MY BABY SISTER WITHOUT WORRYING ABOUT ASSIGNMENTS AND APPLICATIONS. BEING ABLE TO RELAX IS A PRIVILEGE AND SOMETHING I AM GRATEFUL FOR. THANK YOU FOR YOUR TIME. >> WHEREAS BREAST CANCER IS THE SECOND MOST COMMONLY DIAGNOSED CANCER IN THE U.S. IN 2022, HE ESTIMATED 287,000 NEW CASES OF INVASIVE BREAST CANCER ARE EXPECTED TO BE DIAGNOSED IN WOMEN IN THE U.S. AND 2710 IN MAN. WHEREAS BREAST CANCER REMAINS THE SECOND-LEADING COST OF CANCER DEATH AMONG AMERICAN WOMEN IT IS PROJECTED IT WILL CLAIM 43,250 WOMEN IN THE U.S. IN 2022. WHEREAS ALTHOUGH MEN ARE NOT AS SUSCEPTIBLE TO DEVELOPING THIS FORM OF CANCER AS WOMEN, 2710 MEN ARE EXPECTED TO BE DIAGNOSED WITH BREAST CANCER THIS YEAR. WELL SURVIVAL RATES ARE SIMILAR AT PARALLEL STAGES, MEN REPORT SYMPTOMS LESS FREQUENTLY AND ARE THEREFORE AT GREATER RISK OF DEVELOPING A ADVANCE CASE OF BREAST CANCER BEFORE DETECTION. WHEREAS DEATH RATES HAVE BEEN DECLINING AND THIS CHANGE IS BELIEVED TO BE THE RESULT OF EARLIER DETECTION AND IMPROVED TREATMENT AND WERE AS X-RAY OF THE BREAST IS RECOGNIZED AS THE SINGLE MOST EFFECTIVE METHOD OF DETECTING REST CHANGES THAT MAY BE CANCER BEFORE PHYSICAL SYMPTOMS CAN BE SEEN OR FELT, WHERE AS RESEARCHERS, SCIENTISTS AND NONPROFIT ORGANIZATIONS AND SURVIVORS ARE DEDICATED TO SURVIVE DISCOVERING THE CURE FOR BREAST CANCER, WE ACKNOWLEDGE THE EXTRAORDINARY COMMITMENT AND EFFORT IN THIS CAUSE AND CELEBRATE THOSE WORKING TOWARDS A CURE. WHILE WE RECOGNIZE SURVIVORS AMONG US AND HONOR THEIR FAITH AND COURAGE. OVER 2 1/2 MILLION BREAST CANCER SURVIVORS TODAY GIVES US HOPE FOR A BETTER FUTURE FOR THOSE AFFECTED BY BREAST CANCER. NOW THEREFORE BE IT RESOLVED THE MAYOR OF OAKLEY I HEREBY PROCLAIM OCTOBER 22 TRUE AS BREAST CANCER AWARENESS MONTH AND ENCOURAGE ALL MEMBERS TO LEARN THE FACTS ABOUT REST CANCER AND INVEST IN A HEALTHY FUTURE BY EXERCISING REGULARLY, AND LIMITING ALCOHOL USE AND OBTAINING REGULAR BREAST CANCER SCREENINGS. >> GOOD EVENING EVERYONE. I ENDED CHIEF NURSING NURSING OFFICER, I WOULD LIKE TO THANK THE MAYOR AND THE CITY COUNCIL AS WELL AS THE CITY STAFF FOR THIS RECOGNITION. MANY OF YOU ARE PROBABLY MEMBERS OF THE ANTIOCH MEDICAL CENTER AS A ORGANIZATION. WE ARE COMMITMENT COMMITTED TO EARLY DETECTION AND CANCER PREVENTION AND THE WAY THAT WE DO THAT IN THE ANTIOCH MEDICAL CENTER IS FOCUSING ON EARLY DETECTION AND DIAGNOSIS AND ARE PRIMARY CARE PROVIDERS ARE WORKING CLOSELY WITH THE PATIENTS AND THE MEMBERS WORKING ON THEIR FAMILY HISTORY TO TAILOR ALL OF THE CARE BASED ON THEIR FAMILY HISTORY. EVEN AFTER CANCER HAS BEEN DETECTED AND IS TREATED, THEY CONTINUE TO WORK WITH THE PATIENTS IN NUMBERS TO MONITOR THEM TO MAKE SURE THE TREATMENT THEY HAVE RECEIVED HAVE NO LINGERING SIDE EFFECTS. SO AGAIN I WANT TO EMPHASIZE TO ALL OF YOU, BOTH MEN AND WOMEN AS YOU HAVE HEARD WHAT THE MAYOR SAID, IT DOES AFFECT BOTH MEN AND WOMEN AND EARLY DETECTION IS THE KEY TO THE TREATMENT AND PREVENTION OF BREAST CANCER. AGAIN I WOULD LIKE TO THINK THIS RECOGNITION ON BEHALF OF KAISER PERMANENTE. >> THIS IS LIBRARIES WEEK. ALL RIGHT. WHEREAS THE PROBLEMS OF DOMESTIC VIOLENCE ARE NOT CONFINED TO ANY GROUP OR GROUPS OF PEOPLE BUT ACROSS ALL ECONOMIC RACIAL AND SOCIETAL BARRIERS AND ARE SUPPORTED BY SOCIETAL AND DIFFERENT. WERE AS ONE IN EVERY THREE WOMEN WILL EXPERIENCE DOMESTIC VIOLENCE DURING HER LIFETIME, ONE IN EVERY 4 WILL EXPERIENCE SEXUAL ASSAULT IN HER LIFETIME AND 1-6 MAN HAVE HAD A ABUSIVE OR UNWANTED SEXUAL EXPERIENCE IN THEIR LIFETIME. WHEREAS APPROXIMATELY 15 1/2 MILLION CHILDREN ARE EXPOSED TO DOMESTIC VIOLENCE EVERY YEAR, WHEREAS WHEN A FAMILY MEMBER IS ABUSED THEY CAN HAVE LONG-TERM EFFECTS LEFT ON THE VICTIM THAT CAN ALSO LEAVE MARKS ON FAMILY, FRIENDS AND THE COMMUNITY. WHEREAS FAMILIES ARE INDISPENSABLE TO A STABLE SOCIETY AND THEY SHOULD BE A PLACE OF SUPPORT TO INSTILL RESPONSIBILITY AND VALUES IN THE NEXT GENERATION. WHEREAS THE CRIMES OF DOMESTIC AND SEXUAL VIOLENCE VIOLATE A INDIVIDUALS PRIVACY, DIGNITY, SECURITY AND HUMANITY DUE TO THE SYSTEMIC USE OF PHYSICAL, EMOTIONAL, SEXUAL, PSYCHOLOGICAL AND ECONOMIC CONTROL OR ABUSE. WHEREAS THE IMPACT OF DOMESTIC VIOLENCE ARE WIDE RANGING DIRECTLY AFFECTING MEN, WOMEN, CHILDREN AND SOCIETY AS A WHOLE. WHEREAS IT IS IMPORTANT TO RECORD HIGHS THE COMPASSION AND DEDICATION OF THE INDIVIDUALS WHO PROVIDE SERVICES TO VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE AND WORK TO INCREASE PUBLIC UNDERSTANDING OF THE SIGNIFICANT PROBLEM. WHEREAS LOCAL PROGRAMS, NATIONAL ORGANIZATIONS AND OTHER AGENCIES ARE COMMITTED TO INCREASING PUBLIC AWARENESS OF DOMESTIC AND SEXUAL VIOLENCE AND ITS PREVALENCE AND TO ELIMINATE IT THROUGH PREVENTION AND EDUCATION. WHEREAS ALL PEOPLE SHOULD FEEL SAFE IN THEIR HOMES, SCHOOLS AND COMMUNITIES. NOW FOR THEIR BE IT RESOLVED, I HEREBY PROCLAIM OCTOBER 2022 AS DOMESTIC VIOLENCE AWARENESS MONTH AND URGE ALL CITIZENS TO ACTIVELY PARTICIPATE IN THE EFFORTS TO END VIOLENCE IN OUR HOMES, SCHOOLS AND COMMUNITIES. >> GOOD EVENING, I AM THE EAST CENTER DIRECTOR OF THE FAMILY JUSTICE CENTER AND I WANT TO SAY THANK YOU VERY MUCH MAYOR AS WELL AS OTHER MEMBERS OF THE CITY COUNCIL. THIS PROCLAMATION MEANS MORE TO ME THAN YOU KNOW. WHEN WE TALK ABOUT DOMESTIC VIOLENCE AND ITS IMPACT ON COMMUNITY IT IS SOMETHING I LIVE WITH EVERY DAY. MY HUSBAND WAS KILLED IN THE LINE OF DUTY RESPONDING TO A DOMESTIC VIOLENCE SITUATION THAT ESCALATED TWO HOSTAGES TAKEN AND A ACTIVE SHOOTER SITUATION. IN THE WORDS OF PAUL, I HAVE HAD TO MOVE FORWARD AND NOT BE AFRAID SO I AM HERE DOING THIS WORK, GIVING BACK TO MY COMMUNITY BECAUSE IT IS SO IMPORTANT. THANK YOU SO VERY MUCH. >> WHERE AS THE PRINCE OF THE LIBRARY RAISE MONEY THAT ENABLES OUR LIBRARY TO MOVE FROM GOOD TO GREAT, PROVIDING RESOURCES FOR ADDITIONAL PROGRAMMING, SUPPORT FOR CHILDREN'S SUMMER READING AND SPECIAL EVENTS THROUGHOUT THE YEAR AND WHERE AS THE WORK OF THE FRIENDS HIGHLIGHTS THE FACT THAT OUR LIBRARY IS THE CORNERSTONE OF THE COMMUNITY PROVIDING OPPORTUNITIES FOR ALL TO ENGAGE IN THE JOY OF LIFELONG LEARNING AND CONNECT WITH THE THOUGHTS AND IDEAS FROM OTHERS FROM AGES PAST TO PRESENT. WHEREAS THE FRIENDS UNDERSTAND THE CRITICAL IMPORTANCE OF WELL-FUNDED LIBRARIES AND ADVOCATE TO ENSURE OUR LIBRARY GETS THE RESOURCES IT NEEDS TO PROVIDE A WIDE VARIETY OF SERVICES TO ALL AGES INCLUDING ACCESS TO PRINT AND ELECTRONIC MATERIALS AS WELL AS EXPERT ASSISTANCE IN RESEARCH, READERS ADVISORY AND CHILDREN'S SERVICES. WHEREAS THE FRIENDS GIFT OF THE TIME AND COMMITMENT TO THE LIBRARY SET THE EXAMPLE TO ALL AND VOLUNTEERISM LEADS TO THE BETTERMENT OF OUR COMMUNITY. NOW THEREFORE BE IT RESOLVED THAT I THE MAYOR OF THE CITY OF OAKLEY, ON BEHALF OF THE CITY COUNCIL DO HEREBY PROCLAIM THE WEEK OF OCTOBER 16 THROUGH THE 22nd 2022 AS NATIONAL FRIENDS OF LIBRARY WE CAN THE CITY OF OAKLEY AND WE ENCOURAGE EVERYBODY TO JOIN THE FRIENDS OF THE LIBRARY AND THINK THEM FOR ALL THEY DO TO MAKE OUR LIBRARY AND COMMUNITY SO MUCH BETTER. >> THANK YOU VERY MUCH MAYOR POPE AND FELLOW COUNCILMEMBERS. I FEEL THERE IS A GREAT CONTROVERSY ABOUT LIBRARIES, THIS MODERN-DAY LIBRARY. THE LIBRARY HAS KEPT TIME AND IS MOVING AHEAD. I HAVE DONE EXTENSIVE RESEARCH AND WORK IN FINDING OUT HOW MUCH LIBRARIES, NOT ONLY ARE THEY LIFELONG LEARNING CENTERS, LIBRARIES ARE CONNECTED JUST AS TEACHERS SPEND THEIR PERSONAL MONEY TO HELP THEIR STUDENTS LIBRARIES ARE ALSO INTERCONNECTED WITH THE SCHOOLS, BEFORE THE SCHOOLS, PRESCHOOLERS, AND ADULTS AND IN THIS DAY AND AGE WHEN THEY ARE WORKING TOWARDS LIMITING VOTING, THERE IS SO MANY AMERICAN CITIZENS THAT NEED TO LEARN HOW TO READ IN ORDER FOR THEM TO BE ABLE TO DO MORE QUALIFIED VOTING. THE FRIENDS OF THE LIBRARY IS JUST LIKE THE TEACHER HERSELF. WE COME IN AND SUPPORT THE LIBRARY, MOST PEOPLE THINK THE LIBRARIES ARE FUNDED AND SUSTAINED BUT THEY ARE ALWAYS NEEDING MONEY FOR ALL OF THE DIFFERENT PROGRAMS. FOR THE DIFFERENT SUMMER PROGRAMS, OUR TEAMS, LITERACY AND SO MANY OTHER PROGRAMS FOR THE CITY ITSELF AND LIBRARIES, BELIEVE IT OR NOT, WHEN YOU LOOK AT THE BLACK AND WHITE, IT HAS BEEN FOUND THAT LIBRARIES IMPROVE PROPERTY TAXES WITHIN THE CITY. IT IS WONDERFUL FOR YOU ALL TO RECOGNIZE THIS AND I AM LOOKING FORWARD TO US HAVING A NEW LIBRARY IN THIS CITY. THANK YOU. >> WE WENT THROUGH CONSENT, SO NOW WE ARE ON TO PUBLIC HEARING. THIS IS A ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE 12 OF THE MUNICIPAL CODE REGARDING SPECIAL LAND USES. I GUESS WE CAN INTRODUCE IT AND THEN THE RECOMMENDATION. >> THANK YOU, I AM THE PLANNING MANAGER HERE IN THE CITY OF OAKLEY. GOOD EVENING TO THE MEMBERS OF THE CITY COUNCIL. THE STAFF IS COMMENDING A EXTENSION TO A DATE UNCERTAIN TO LOOK AT THE COMMENTS MADE DURING THE LAST HEARING IN SEPTEMBER AND THE CITY ATTORNEY WOULD LIKE TO ADD TO THAT AS WELL. >> JUST A LITTLE NOMENCLATURE, THERE IS A DIFFERENCE BETWEEN A DATE CERTAIN IN A DATE UNCERTAIN, THE COUNCIL MAY KNOW THIS BUT OTHERS DO NOT. WE HAVE TO NOTICE THE ORDINANCE PUBLICLY WHICH WE DID IN THE NEWSPAPER. IF WE CONTINUED THE CONSIDERATION OF THE ORDINANCE 28 EIGHT CERTAIN, IN OTHER WORDS WE SAY IT IS COMING BACK AT THE MEETING ON SUCH A DATE, WE DO NOT HAVE TO RENOTICE. THE REASON THE AGENDA SAYS DATE UNCERTAIN DOES NOT MEAN WE WILL PUSH IT OFF, AND CONGRESS WHERE THEY SEND SOMETHING TO COMMITTEE AND TABLE IT AND IT NEVER COMES BACK. THAT IS NOT WHAT WE ARE DOING, THE DATE UNCERTAIN MEANS THAT STAFF IS LOOKING FOR A LITTLE BIT OF FLEXIBILITY BECAUSE WE DO HAVE ANALYSIS WE NEED TO DO. WE THINK IT IS IMPORTANT TO CONSIDER THE COMMENTS WE RECEIVED AT THE LAST MEETING AND PROVIDE RESPONSES, EVEN IF WE STICK WITH THE ORIGINAL LANGUAGE. WE FEEL LIKE THERE NEEDS TO BE SOME RESPONSE OR EVIDENCE THAT CAN ADDRESS THE ISSUES THAT WERE RAISED. OUR ATTENTION AT THIS TIME IS TO BRING THAT BACK AT THE BEGINNING OF THE YEAR. THAT WAS AT THE FIRST MEETING IN JANUARY, THE 2nd MEETING IN JANUARY, THAT IS WHERE WE ARE UP IN THE AIR BECAUSE WE ARE STILL BETTING THINGS THROUGH. THAT IS OUR REQUEST, A DATE UNCERTAIN DOES NOT MEAN MARCH, APRIL, MAY, JUNE, 2024. IN OUR VIEW IT MEANS JANUARY BUT IF THE COUNCIL WANTS TO PUT A DATE CERTAIN ON THAT, YOU CAN CERTAINLY PICK A DAY AT YOUR PLEASURE, THAT IS JUST A RECOMMENDATION. >> I WOULD LIKE TO SEE IF ANY MEMBERS OF THE PUBLIC WISH TO SPEAK ON IT. WE HAVE A WRITTEN SUBMISSION THAT SAYS DOES NOT REQUEST TO SPEAK. ASKING ABOUT WHY THE DELAY. I THINK YOU EXPLAINED THAT ALREADY. OKAY THE LIBERATIONS ARE IN MOTION. >> I AM GOING TO ASK FOR A MORATORIUM ON ISSUING ANY CONDITIONAL USE OF A BUILDING PERMIT OR OTHER ITEMS THAT WOULD FALL WITHIN A ZONING ORDINANCE AND CONTINUE THAT MORATORIUM UNTIL WE DO PASS ONE. THIS COMMUNITY HAS BEEN WAITING A LONG TIME. COUNCILMEMBER WILLIAMS REQUESTED OVER 18 MONTHS AGO FOR A REVIEW AND IT IS DISRESPECTFUL TO HER TO HAVE TO CONTINUE TO PUT IT OFF. MY HISTORY IS, THERE WAS A HEARING IN THE STAFF PUT TOGETHER WHAT I CONSIDERED TO BE A SOLID ZONING ORDINANCE. IT WAS MET WITH HOSTILITY AND WENT BACK. NOW IT CAME BACK AND WENT BACK AGAIN. IN THE MEANTIME IT KEEPS DEVELOPING AND PEOPLE ARE WONDERING WHAT IS GOING ON. MY SITUATION IS, IF IT IS GOING TO BE SHORT, THE DEVELOPERS ONLY HAVE TO WAIT A SHORT TIME. IT GOES ON FOR TWO YEARS AND WE GO BACK AND FORTH THE DEVELOPERS CAN WAIT TWO YEARS UNTIL WE DRAW THINGS. BUT THE COMMUNITY NEEDS TO REGAIN TRUST AND WE NEED TO SAY WE RESPECT THE INPUT OF COUNCILMEMBER WILLIAMS AND THE INPUT OF THE PEOPLE OF THE COMMUNITY. WE RESPECT THE STAFF AND WE ARE COMING BACK AGAIN SO WE WILL PUT A MORATORIUM ON ISSUING ANY TYPE OF BUILDING PERMITS OR ANYTHING ELSE ALONG THAT LINE UNTIL A ZONING ORDINANCE IS PASSED. IF IT IS PASSED IN JANUARY, WE WILL JUST LIFT THE MORATORIUM. IF IT GOES ON UNTIL NEXT JUNE WE CAN JUST WAIT BUT I THINK THAT IS THE BEST WAY TO GO. THE ISSUE HAS BEEN MOVING BACK AND FORTH AND PEOPLE ARE LOSING CONFIDENCE THAT WE ARE BRINGING IT TOGETHER. THAT IS WHERE I AM. >> ANYBODY ELSE? >> WHAT WOULD BE NECESSARY TO DO A MORATORIUM? I KNOW WE TRIED IT BEFORE. >> NUMBER ONE, WE ARE MOVING OFF AGENDA BECAUSE THE ONLY ACTION TONIGHT IS THE ADOPTION OF THE ZONING ORDINANCE WHICH DEALS WITH THESE 3-4 USES SO A GENERAL MORATORIUM IS SOMETHING WE CANNOT DISCUSS TONIGHT. I WANT TO PUT THAT OUT THERE. YOU CAN REQUEST THAT. THE ONLY THING I WOULD SAY IS A MORATORIUM REQUIRES A URGENCY ORDINANCE. WE HAVE DONE THOSE BEFORE SO IT IS SOMETHING WE WOULD HAVE TO DRAFT. BUT AGAIN WE CANNOT TALK ABOUT IT ON THIS AGENDA ITEM. IF THAT IS A REQUEST THE COUNCIL WANTS TO THAT, WE CAN DO THAT AT THE END OF THE AGENDA BUT I WANT TO CAUTION THE ONLY THING WE CAN TALK ABOUT IS NOT THE SUBSTANCE OF IT BUT WHETHER WE SHOULD PUT IT ON THE AGENDA. >> IN ALL RESPECT I DISAGREE THAT IT WILL BE OFF AGENDA, IF YOU WANT TO BRING THE ITEM UP THAT WE WANT TO PUT OFF, WE CAN RESPOND TO THE BEST WAY TO PUT IT OFF. I AM NOT SAYING WE CANNOT VOTE ON IT BUT I THINK IT IS VERY MUCH ON AGENDA THAT YOU ARE ASKING FOR A INDEFINITE HEARING AND WE AS COUNCILMEMBERS HAVE THE RESPONSIBILITY TO RESPOND. I DISAGREE THAT IT IS OFF AGENDA. IF WE MOVE ANYTHING, I WILL MOVE FOR A AMENDMENT THAT WE WILL PLACE A MORATORIUM ON THE ISSUE. >> LET ME UNDERSTAND, I HEARD YOU SAY YOU WANT A MORATORIUM ON ANY APPROVALS ALTOGETHER, IS IT YOUR POSITION COUNCILMEMBER FULLER THAT WHAT YOU ARE SAYING IS YOU WANT A MORATORIUM ON ITEMS THAT ARE COVERED BY THIS PROPOSED ORDINANCE WHICH WILL BE CARWASHES, SELF STORAGE, DRIVE-THROUGH'S, NOT EVERYTHING. >> I WILL ACCEPT IT FOR THIS MEETING BUT YES I WILL BE REQUESTING FOR A GENERAL MORATORIUM ACROSS THE BOARD TO COME BACK UNTIL IT IS COMPLETED. >> THE PROBLEM WITH THAT IS YOU ARE TALKING ABOUT RESIDENTIAL DEVELOPERS, INDUSTRIAL DEVELOPMENT, THAT WOULD BE MY CONCERN, WE CANNOT -- IF YOU WANT TO GIVE DIRECTION ON A MORATORIUM ON THESE ITEMS THAT ARE COVERED AS THIS ORDINANCE, I AGREE THAT WOULD BE GERMANE TO THIS ISSUE AND WE CAN TALK ABOUT IT BUT IF IT IS JUST A BLANKET MORATORIUM FOR ALL LAND USES WHATSOEVER THEN WE ARE TALKING ABOUT NUMEROUS LAND USES THAT WILL NOT EVEN BE ADDRESSED BY THIS ORDINANCE AND IF THAT IS WHAT THE COUNCIL WANTS TO DISCUSS, THAT WOULD HAVE TO COME BACK AT A FUTURE MEETING. >> I WILL BE FOLLOWING A AMENDMENT TO ANY MOTION THAT A MORATORIUM BE PLACED ON THE THREE ITEMS MENTIONED HERE AND I WILL BE REQUESTING A AGENDA ITEM FOR THE NEXT MEETING ON A GENERAL MORATORIUM IN TOTAL. UNTIL WE RESOLVE THE ZONING. WE KEEP SAYING IT IS JUST GOING TO BE THIS AND THAT. AS WE MOVE FORWARD, AND I THINK CITIZENS SHOULD KNOW, AS WE MOVE FORWARD, EVEN IF IT IS CARWASHES AND THINGS OF THAT NATURE, WE CAN START AMENDING THE ONE THAT IS PROPOSED. WE KEEP SENDING IT BACK TO STAFF, WE CAN SEND THAT ONE BACK AS WELL. I THINK WE NEED TO FINISH THIS UP. IN THE MEANTIME THE COMMUNITY NEEDS THE TRUST THAT WE ARE NOT JUST PUTTING THINGS OFF BUT THIS IS REALLY HAPPENING. THAT WE ARE DOING IT. THE WAY TO DO THAT IS BOTH SIDES. THE COMMUNITY WAITS AND THE DEVELOPER WAITS UNTIL WE CAN GET THIS DONE. >> MY RESPONSE TO THAT WOULD BE THAT YOU ALSO NEED TO GIVE YOUR STAFF AND LEGAL COUNSEL TIME TO DO THEIR JOBS WELL AND TO DO IT RIGHT. ONE OF THE THINGS THAT IS IMPORTANT IS TO HEAR ALL OF THE SIDES OF THE ISSUE EVEN IF IT IS JUST A DEVELOPER REQUEST, AS A COUNCILMEMBER YOU MAY DISAGREE WITH A DEVELOPER REQUEST BUT FROM OUR STANDPOINT, WE WANT ZONING ORDINANCES THAT WORK FOR EVERYBODY THAT WORK FOR THE PUBLIC AND THE DEVELOPERS. ENVIRONMENTAL GROUPS AND ORGANIZATIONS. I TELL YOU, IN MY 20 YEARS AS A ATTORNEY, ESPECIALLY HAVING PRACTICED LAND-USE AND ENVIRONMENTAL LAW FOR ALL OF THOSE YEARS, I CAN APPRECIATE TO A COUNCIL MEMBER IN THE PUBLIC HOW PEOPLE CAN SAY THIS IS TAKING A LOT OF TIME. WHY IS IT TAKING SO LONG? I KNOW BUT I ALSO KNOW AS THE PERSON THAT HAS TO DRAFT THESE THINGS AND CONSIDER THE CHALLENGES FROM ALL SIDES AND THE INPUT FROM ALL SIDES AND WORK WITH STAFF THAT WE CANNOT JUST CRANK STUFF OUT. AT THE SAME TIME WE ARE WORKING ON THIS ORDINANCE WE ARE WORKING ON ALL OF THE OTHER COUNCILS INITIATIVES. SO I APPRECIATE THE DESIRE OF THE COUNCIL TO MOVE IT FORWARD, THAT IS WHY STAFF AND I ARE SAYING WE WILL BRING IT BACK TO YOU IN JANUARY, I DO NOT KNOW THAT MUCH IS GOING TO HAPPEN BUT IF YOU'RE GOING TO REQUEST THINGS, YOU'RE GOING TO LOOK AT WHAT IS IN THE DEVELOPERS INTEREST, WHAT THEY CAN WAIT FOR OR NOT WAIT FOR, I WOULD ASK THAT YOU ALSO CONSIDER THE NEEDS OF MYSELF AND STAFF. >> I MENTIONED PREVIOUSLY, WHEN YOU LOOK AT THE MINUTES AND WHAT IS SAID, I AM NOT SAYING DO NOT LOOK AT IT, I AM JUST SAYING UNTIL IT COMES BACK AND IT PASSES, THAT THERE IS A MORATORIUM ON THE DEVELOPMENT ISSUE, THE PERMITS, THE CUP'S, ESPECIALLY CARWASHES, DRIVE-THROUGH'S AND ITEMS OF THAT NATURE, WHAT IS LISTED HERE. GO AHEAD, WE HAVE A MORATORIUM FOR TWO YEARS AND IF STAFF REALLY BELIEVES IT TAKES TWO YEARS TO DO IT CORRECTLY, THEN DO IT CORRECTLY BUT I CAN SEE -- I AM SAYING HOLD OFF, PUT A MORATORIUM ON PLACE UNTIL IT PASSES. I BELIEVE LEGALLY WE CAN DO THAT AND I HAVE SEEN IT DONE IN CITIES BEFORE. WE NEED TO SAY TO THE COMMUNITY WE ARE GOING TO HAVE A ZONING ORDINANCE AND YOU ARE SAYING, YOU NEED TIME. WE KEEP HEARING, WE NEED TIME. 18 MONTHS AGO. TAKE THE TIME. GO FOR IT. BUT WE WILL HAVE A MORATORIUM IN PLACE UNTIL IT IS DONE. THEN ONCE THE ORDINANCE IS PASSED WE WILL LEFT THE MORATORIUM AND COME BACK TO BUSINESS. I'M NOT SAYING YOU CANNOT HAVE TIME. BUT EVERY TIME WE COME UP HERE, WE NEED TIME. NOW WE HAVE TO SAY TO THE COMMUNITY, WE WILL PROTECT YOUR INTEREST, WE KNOW YOU HAVE BEEN PATIENT WE WILL ASK THE DEVELOPERS TO BE PATIENT ALONG WITH YOU. WE WILL WAIT UNTIL STAFF COMES BACK. >> ANYONE ELSE? >> I WILL NOT BE ON COUNCIL NEXT YEAR BUT I WOULD FEEL MORE COMFORTABLE WITH EIGHT DATE CERTAIN. SO WE HAVE JANUARY 10th OR 24th MEETINGS? IF IT IS THE CONSENSUS OF COUNSEL I WOULD PREFER THAT ONE OF THOSE TWO DATES. >> SO, I OBVIOUSLY AGREE WITH HAVING A MORATORIUM FOR THESE SPECIFIC USES UNTIL WE CAN GET IT SOLIDIFIED. AND I WOULD FEEL BETTER AS WELL IF WE HAD A DATE. IN RESPECT FOR OUR STAFF, IF IT NEEDS TO BE THAT SECOND MEETING IN JANUARY, MAYBE THAT IS THE DATE WE SHOOT FOR BUT I THINK WE SHOULD HAVE A DEFINITIVE DATE AND I DON'T KNOW HOW MANY PENDING APPLICATIONS WE HAVE RIGHT NOW OR HOW MANY PEOPLE IT'S GOING TO AFFECT BUT I FEEL LIKE HAVING A MORATORIUM JUST GIVES THE COMMUNITY SOME REASSURANCE THAT WE ARE NOT JUST GOING TO RUSH THINGS THROUGH. I COULD SEE FROM THE COMMUNITY STANDPOINT HOW IT WOULD LOOK LIKE OKAY, THEY ARE JUST GOING TO KEEP PUTTING IT OFF AND MEANWHILE ALL THESE DIFFERENT APPLICATIONS CAN GO THROUGH, AGAINST WHAT THE COMMUNITY WANTS. I WOULD BE IN FAVOR OF A MORATORIUM AND A DATE CERTAIN FOR JANUARY 24. >> IT'S UP TO YOU, IF THE MORATORIUM IS SOMETHING THEY WANT TO BRING BACK AS AN INTERIM MEASURE. I WOULD JUST SAY THAT I DO NOT HAVE DRAFTING ABILITY TO HAVE A MORATORIUM READY BY MONDAY, WHICH IS WHEN THE AGENDA WILL CLOSE. SO IF IT IS YOUR DIRECTION TO BRING BACK A MORATORIUM, I WOULD ASK THAT IT COME IN THE FIRST MEETING IN NOVEMBER, WHICH WOULD GIVE STAFF , DRAFTING A MORATORIUM, I THINK YOU JUST WITHDREW THIS PREVIOUSLY WITH THE OIL AND GAS ISSUE, BUT AS YOU WILL SEE, WE HAVE TO MAKE SEVERAL FINDINGS. AND THE FINDINGS REQUIRE 4/5 OF YOU TO MAKE A DETERMINATION THAT THERE IS SOME DANGER OR SOME THREAT TO THE ORDERLY ADMINISTRATION OR ZONING CODE, NOW IN THE CASE OF THE OIL AND GAS, WE SAID LOOK, WE HAVE THIS OLD PERMITTING SYSTEM FOR OIL AND GAS AND WE ARE CONCERNED THERE MIGHT BE AN APPLICATION. SO I THINK YOU HAVE THE ABILITY TO DO SOMETHING SIMILAR BECAUSE WE HAVE BEEN GOING THROUGH THIS PROCESS AND I THINK THE COUNCIL HAS GENERALLY RECOGNIZED, WE NEED TO UPDATE OUR PERMITTING SYSTEM. I THINK YOU CAN MAKE THOSE FINDINGS BUT, ASKING ME TO DRAFT THAT BETWEEN NOW AND MONDAY WHEN I NEED TO GET IT TO STAFF AND THEN IF I GOT IT TO STAFF ON MONDAY, THAT LEAVES NO TIME TO BET THAT. SO I DON'T THINK THERE IS GOING TO BE A SLEW OF APPLICATIONS BETWEEN NOW AND NOVEMBER AND EVEN IF THERE ARE , THOSE AREN'T GOING TO LOCK IN THE STANDARDS , SO WE WOULD BE ABLE TO PUT IN THE -- THAT WOULD BE MY REQUEST, WE COULD BRING THAT BACK TO YOU IN NOVEMBER BUT ASKING FOR IT ON THE 25th IS A REAL RUSH THAT I'M WORRIED THAT YOU WILL GET A RUSHED PRODUCT . IF WE ARE GOING TO DO SOMETHING LIKE THAT, IT NEEDS TO BE DEFENSIBLE AND IT'S GOING TO TAKE SOME TIME TO DRAFT. >> WHAT HAPPENS IF WE PASS A MORATORIUM TONIGHT? >> WE HAVEN'T NOTICED THAT, WE HAVEN'T NOTICED A MORATORIUM ON THE AGENDA. SO WE WOULD HAVE TO COMPLETELY NOTICED THAT THAT IS THE PROBLEM, WE HAVE GIVEN NO NOTICE TO THE PUBLIC THROUGH THE BROWN ACT THAT WE WOULD EVEN BE CONSIDERING THIS ITEM. >> WELL, WE ARE CONSIDERING THE ONE, I CAN'T ADD AN AMENDMENT TO THE IDEA THAT WE WILL HAVE A MORATORIUM FOR A FUTURE DATE? >> NO, BECAUSE EVEN IF YOU TAKE OUT THE FACT THAT WE HAVE INDICATED A REQUEST TO CONTINUE AND YOU JUST LOOK AT THE AGENDA, THE AGENDA SAYS INTRODUCTION AND WAIVER OF THE FIRST READING, WHICH SIGNALS TO THE PUBLIC THAT WE ARE GOING THROUGH THE ORDINARY PROCESS, WHICH WOULD MEAN WE WOULD HAVE TO DO THIS TWICE, SO WE WOULD HAVE TO DO THE INTRODUCTION TONIGHT SO THAT IF SOMEONE WAS READING THAT AND SAID OKAY, I'M NOT SURE, I WANT TO PROVIDE INPUT BUT I SEE THAT OAKLEY IS GOING TO HAVE TO COME BACK A SECOND TIME. IF WE PUT IN THE URGENCY ORDINANCE, THAT IS NOT SOMETHING THEY WOULD KNOW THEY NEED TO BE HERE FOR, THAT IS THE PROBLEM. THE BROWN ACT ISN'T SET UP TO NOTIFY THE PUBLIC THAT AN ORDINANCE HE -- URGENCY ORDINANCE IS CONTEMPLATED AS AN ACTION YOU MIGHT TAKE. >> MY CONCERN IS AGAIN, WE ARE PUTTING IT OFF, AND WE WILL COME BACK BUT IN NOVEMBER, WELL WE CAN WAIT UNTIL JANUARY. FINE . I'M JUST DONE, I'M READY FOR THE MORATORIUM, AND I'M GOING TO ASK RIGHT NOW AND I WILL PUT IT IN A FORMAL REQUEST, BUT PER THE CALIFORNIA PUBLIC RECORDS ACT, I WANT TO KNOW EVERY CUP THAT SUPPLIED FOR EVERY BUILDING PERMIT, EVERY DESIGN BROUGHT IN THEY SUPPLIED FOR, DURING THIS TIME THAT WE ARE NOT DOING ANYTHING BECAUSE I WANT TO KNOW WHAT IS COMING ACROSS. I WILL SUBMIT IT, BUT I WANT EVERY TIME SOMEBODY WALKS IN WITH A CUP OR ANY DESIGN, I'M GOING TO SEE IT. WE NEED TO JUST GET THAT ORDINANCE OUT. >> MR. MEADOWS? >> WASN'T COUNCILMEMBER WILLIAMS MOTION THE ONLY 4.1 AND NOT MORATORIUM, AND MOVING THAT TO THE MEETING ON 24 JANUARY? >> CAN YOU RESTATE YOUR MOTION? >> I PROBABLY CONFUSED IT BY SAYING I'M IN FAVOR OF THE MORATORIUM AS WELL BUT MY MOTION IS TO CONTINUE IT TO THE SECOND MEETING. IN JANUARY. >> SECOND. >> I HAVEN'T EVEN CALLED THE VOTE YET? ALL IN FAVOR? >> AYE. >> AND OPPOSED? >> NO. >> ALL RIGHT, IT IS 3-1 . WE HAVE NO ITEMS ON THE REGULAR CALENDAR, WE ARE UP TO REPORTS NOW, CITY MANAGER. >> GOOD EVENING VICE MAYOR, MAYOR, MEMBERS OF THE PUBLIC THE FIRST PART OF MY REPORT, COUNCILMEMBER WILLIAMS HAS REQUESTED AN UPDATE ON MATTERS INVOLVING EAST CYPRESS AND I HAVE AN UPDATE ON SEVERAL AREAS AND WHEN I'M TALKING ABOUT EAST CYPRESS, I'M TALKING ABOUT THE AREA STARTING UP MAIN STREET, TRAVERSING EAST , ALL THE WAY TO BELTLINE ROAD. THERE ARE SEVERAL ITEMS TO COVER, THE FIRST IS THE BNSF RAILROAD AND THE ISSUES WE HAVE HAD AT THAT RAILROAD CROSSING WITH THE SINGLE ARMS, THAT HAPPENED A FEW WEEKS AGO. WE HAVE MADE SIGNIFICANT PROGRESS, OUR TEAM HERE INCLUDING OUR PUBLIC WORKS TEAM AND OUR POLICE DEPARTMENT IN CONTACTING BNSF, WE STARTED OUT CONTACTING THEIR WASHINGTON OFFICE AND WE HAVE A MUCH BETTER CONTACT NOW, THEY ARE MUCH MORE RESPONSIVE, SO THEY HAVE BEEN WORKING WITH US AND THEY DID LET US KNOW THAT THE ORIGINAL ISSUE STEMMED FROM SOME FAULTY SHUNTS ON THE TRACKS, THEY HAVE INDICATED THEY FIXED THOSE. ALTHOUGH AFTER THEY INDICATED THEY FIXED THOSE, THE RAILROAD ARMS ARE STILL MALFUNCTIONING. SO THEY INDICATED THEY HAVE TECHNOLOGY THAT DOES WARN THE TRAINS AND THE TRAINS NOW THERE IS A MALFUNCTION AND THERE'S PROTOCOLS IN PLACE. BUT THAT DOESN'T PROVIDE THE PUBLIC MUCH COMFORT, AND THAT DOESN'T PROVIDE STAFF MUCH COMFORT BECAUSE IT DOES CREATE A REAL ISSUE, EAST CYPRESS IS THE MAIN ROAD TO TRAVERSE WHERE YOU HAVE THOUSANDS OF HOMES THAT USE THAT AS THEIR PRIMARY POINT OF ACCESS. WE NEED TO MAKE SURE THAT IT IS OPERATIONAL AND SAFE, SO WE HAVE EXPRESSED OUR DESIRE TO ENSURE THAT THE COMMUNITY IS SAFE, THAT REPAIRS ARE MADE TIMELY, JUST THIS PAST WEEK, THEY WERE OUT THERE AGAIN AND WE WERE IN CONTACT AS RECENT AS TODAY. SO THAT IS THE UPDATE ON THAT ISSUE , I'M HAPPY TO TAKE ANY COMMENTS AS I GO OR I WAIT UNTIL THE END. >> IS THERE ANYTHING WE CAN DO TO HOLD THEM ACCOUNTABLE FOR THIS? I GET TAGGED IN EVERY SINGLE POST BECAUSE I WAS LIKE MY GOSH, LET ME TRY TO FIGURE THIS OUT FOR YOU GUYS. DO WE HAVE ANYTHING WE CAN DO TO HOLD THEM ACCOUNTABLE? >> YOU KNOW, I WISH WE HAD MORE LEVERAGE, BUT THE RAILROAD IS A LITTLE BIT HIGHER THAN WE ARE IN THE TOTEM POLE AND I SAY THAT WITH A SMILE BUT IN ALL SERIOUSNESS, THAT IS THE CASE. I WILL SAY THAT THE CONTACTS WE HAVE NOW HAVE BEEN MORE RESPONSIVE THAN ANYTIME WE CAN REMEMBER. SO WE ARE MAKING POSITIVE TRACTION. THERE IS A ONE 800 NUMBER, AND THAT IS REALLY WHAT WE USED TO DO, CALL THE ONE NUMBER HUNDRED -- 800 NUMBER AT THE CROSSING. THAT SEEMS TO BE INEFFECTIVE. I THINK ANY COMMENTS THEY CAN PROVIDE STAFF, AND I REALLY TO CONTACT THE MORE REGIONAL TEAM, THAT WOULD BE HELPFUL TO DIRECT THIS MEETING. I KNOW IT IS SUCH A CONCERN TO THE PUBLIC, I KNOW WE HAVE HAD A RECENT ACCIDENT LAST YEAR THAT WAS TRAGIC, AND IT'S IN THE MINDS OF THE COMMUNITY, THAT MANY PEOPLE USE IT. SO ANY COMMENTS THE COUNCIL WOULD HAVE THAT I CAN PASS ALONG WOULD BE HELPFUL. >> MR. MEADOWS? >> I THINK IT IS IMPERATIVE THAT THEY KEEP WORKING ON IT AND I APPRECIATE WHAT YOU HAVE DONE IN MAKING THOSE CONTACTS. I DON'T KNOW IF THE CONGRESSMAN'S OFFICE -- I UNDERSTAND THE RAILROAD 'S SUPERIOR TO US, BUT EVEN IF THEY ARE TAKING PRECAUTIONS WITH THE TRAINS, IT IS STILL A SAFETY ISSUE WHEN YOU HAVE ALL THE TRAFFIC BACKING UP ON CYPRESS AND MAIN STREET. SO IT CAUSES OTHER ISSUES AND OTHER SAFETY CONCERNS, MAYBE NOT ON THEIR TRACKS BUT OTHER AREAS OF OAKLEY. AND I UNDERSTAND WHAT THE RAILROAD DO, BUT THEY NEED TO BE RESPONSIBLE FOR THEIR EQUIPMENT. AND I THINK THEY NEED TO STEP UP. >> MR. FULLER? >> WAY BACK IN THE DAY, FOR LAPD OUT BY VERNON, I ACTUALLY CITED TRAINS AND IT IS QUITE A FINE IF THEY GET CITED. BUT THEY COULDN'T BLOCK AN INTERSECTION FOR LONGER THAN 50 MINUTES, THEY USED TO BRING THE TRAINS DOWN AND STACK THEM THERE, CUTTING THE CITY OFF FROM VERNON, OR VERNON FROM THE CITY BASICALLY. BUT IT WASN'T EASY. THEY HAD TO GO FIND A CONDUCTOR, AND WITH THAT TIME, THERE WAS A CABOOSE, YOU HAD TO FIND OUT WHY THEY WERE MOVING IT. AND YOU HAD TO WATCH IT FOR 15 MINUTES, THEN YOU HAD TO WRITE A REPORT AND SUBMIT IT. HOWEVER, ONCE THAT WAS DONE, THE JUDGES TOOK THIS FAVORABLE VIEW AND THEY GOT THE POINT ACROSS BECAUSE THE FINES WERE NOT MINIMAL. SO I'M NOT SURE WHAT TO DO THERE BUT I DO BELIEVE, AND MAYBE THE CITY ATTORNEY CAN HELP US ON THIS. THAT WE COULD SET AN OAKLEY ORDINANCE AS FAR AS TIMES STOPPING THE TRAFFIC , BE AT THE TRAIN OR THE ARMS OR SOMETHING ALONG THOSE LINES. BUT IT WOULD TAKE SOME RESEARCH AND I WOULD FAVOR THAT, I DON'T KNOW HOW MUCH OF AN EASY TASK IT WAS, BUT IT WAS FRUITFUL WHEN WE DID IT. >> WHATEVER IT TAKES TO GET A RESULT. IF THERE IS A MUNICIPAL CODE AVENUE, I WOULD LIKE TO EXPLORE THAT. MY UNDERSTANDING IS, THE RAILROAD RECEIVES MOST OF ITS AUTHORITY FEDERALLY SO OUR LOCAL AND EVEN STATE REPRESENTATIVES , IT'S PROBABLY OUR FEDERAL SENATORS AND CONGRESSMEN THAT WE SHOULD APPROACH ON THIS. SO PERHAPS WE CAN REACH OUT TO THEM. I BELIEVE, I DON'T KNOW IF IT IS TRANSPORTATION CODE, BUT THERE'S ALREADY A RESTRICTION ON BLOCKING FOR MORE THAN 15 MINUTES BUT AS FAR AS THE ENFORCEMENT MECHANISM FOR THAT, I WOULD LIKE TO HEAR BACK. NEXT ITEM. >> PERFECT, I WOULD LIKE TO GO A LITTLE BIT FURTHER EAST AND DISCUSS THE PROPERTY, ABOUT 43 ACRE PARTNERSHIP , WE HAVE ENTITLED THE PROPERTY TO 208 HOMES, WE HAVE ACCELERATED BECAUSE OF THE NEED TO ENSURE THAT EAST CYPRESS IS AS SAFE AS POSSIBLE, WE HAVE ACCELERATED THE FRONTAGE IMPROVEMENTS AND SCHEDULE OF THE CONSTRUCTION OF THOSE FRONTAGE IMPROVEMENTS ALONG THAT PARCEL AND THAT EXTENDS FROM ABOUT NIGHTS, JUST ABOUT TO THE CANAL CROSSING. SO WE HAVE CIP NUMBER 247, THOSE PLANS ARE OUT, WE EXPECT TO OPEN BIDS LATER THIS WEEK, WE PLAN TO PRESENT A CONTRACT FOR CONSTRUCTION TO AWARD THAT CONTRACT OF THE 25th MEETING THIS MONTH. AND WORK WILL START EARLY NEXT YEAR. SO THAT IS A GREAT DEVELOPMENT FOR THE COMMUNITY. WE ARE EXCITED ABOUT THAT, IT WILL INSTALL A SIX LANE ROADWAY IN THIS SECTION AND MAKE THAT SECTION MUCH MORE SAFE. SO GREAT DEVELOPMENT THERE, HAPPY TO TAKE ANY QUESTIONS ON THAT, IF THERE ARE ANY. >> NOT SEEING ANY. >> PERFECT. THE NEXT SECTION OF EAST CYPRESS, THIS WOULD BE FROM THE CANAL TO BETHEL ISLAND ROAD, AS YOU KNOW EARLIER THIS YEAR IN APRIL, THE CITY COUNCIL APPROVED A $28.5 MILLION REIMBURSEMENT AGREEMENT IN PARTNERSHIP WITH TI CAPITAL, THERE'S TWO DEVELOPERS BUILDING IN THE EAST CYPRESS AREA RIGHT NOW, WE HAVE TI CAPITAL WHO HAS ABOUT 3200 HOMES AND THEY ARE IN THE FINAL STAGES OF WRAPPING UP THEIR PLANS AND PERMITS TO START CONSTRUCTION. AND THEN YOU HAVE THE NOVA HOMES, ABOUT 824 HOMES AND THEY ARE CURRENTLY ACTING ON THE LEVEES IN THE SUMMER PROJECT. WE ARE WORKING WITH DEVELOPERS TO ENSURE THE ROADWAY IMPROVEMENTS OUTLINED, ESPECIALLY WITH TI CAPITAL SPECIFIC TO THAT AGREEMENT, THE ROADWAY IMPROVEMENTS ARE CONSTRUCTED PER THE AGREEMENT, WE UNDERSTAND HOW CRITICAL THAT IS AND THAT WOULD INCLUDE THE WIDENING OF THE CANAL CROSSING, AND THE CONSTRUCTION OF A FOUR LANE DIVIDED ROAD ALL THE WAY FROM THE CANAL . WE UNDERSTAND HOW CRITICAL THAT IS, THAT PROJECT ULTIMATELY WILL CONSTRUCT THE SOUTHERN EXTENSION OF BETHEL ISLAND ROAD WHICH WILL TRAVERSE OVER ROCK LOOP RIDGE, AND A NEW SECTION OF BETHEL ISLAND ROAD JUST SOUTH OF THAT BRIDGE CONNECTING ALL THE WAY TO DELTA. AND WE ARE CURRENTLY IN THE PROCESS OF ANALYZING THAT RIGHT-OF-WAY THAT IS NEEDED TO BE ACQUIRED AND WE WILL START ENGAGING PROPERTY OWNERS EARLY NEXT YEAR. SO THINGS ARE MOVING ALONG QUITE NICELY WITH THAT PROJECT, HAPPY TO ANSWER ANY QUESTIONS. >> I KNOW AT A MEETING, I THINK THE MEETING WHERE WE ALLOCATED ALL THE FUNDS, WE TALKED ABOUT DOING A TIMELINE ON OUR WEBSITE, DO WE HAVE THAT UP YET? I WAS JUST FURIOUSLY TRYING TO CAPTURE NOTES, BUT DO WE HAVE ANYTHING THAT WE CAN SAY HEY, HERE'S THE STATUS. OR YOU CAN JUST GIVE ME THAT, JUST GIVE ME EVERYTHING YOU JUST SAID. >> YEAH. WHAT WE DID AFTER, AROUND THAT TIME, WE HAVE UPDATED THE WEBSITE TO INCLUDE THE EVACUATION ROUTE WHICH IS THE SUBJECT OF THE NEXT TOPIC. SO WE HAVE INFORMATION RELATED TO THE IMPROVEMENTS THAT ARE GOING TO BE INSTALLED AND THE EVACUATION ROUTES SPECIFICALLY , TO GET NOTICE OF THAT. BUT WE CAN UPDATE THE WEBPAGE WITH MORE DETAILS ON THE IMPROVEMENTS, NOT ONLY IN THAT SECTION BUT I THINK THE BURROUGHS PROPERTY IS EQUALLY AS RELEVANT BECAUSE THAT IS GOING TO COMPLETE THE LINEAGE. MUCH SOONER, YES. >> MR. FULLER? >> YES, I HAVE A REQUEST, AND I'M GLAD YOU BROUGHT UP WHAT WE ARE DOING ON EAST CYPRESS ROAD. WE ALSO HAVE FOUR OTHER PROJECTS GOING. AND I'M HEARING WHAT I CONSIDER TO BE POLITICAL RHETORIC, THAT IF WE HAVE TO DO THIS PERVERSE -- FIRST BEFORE WE GO ONTO THE NEXT ONE AND THIS ONE IS PRIORITY, AND FROM WHAT I'M HEARING, WE HAVE FIVE DESIGNS GOING ON AT ONCE. AND I'M CERTAINLY NOT OPPOSED TO IF WE NEED TO, FIND THE CONSTRUCTION THERE. MR. MURRAY, YOU DID A FANTASTIC JOB, YOU ARE LEFT WITH SOMEBODY THAT JUST LEFT PEOPLE STRANDED, AND I CAN'T PAY DURING MY CAMPAIGN, AND WE WANT TO EXPAND CYPRESS ROAD, AND WE ARE GOING OUT TO DELTA ROAD AND WE ARE GOING OUT TO LAUREL. BUT, YOU HAVE DONE A FANTASTIC JOB WITH THE COMMUNITY, UNLESS THEY ARE GOING OUT, THEY DON'T SEE THAT. SO I THINK IT WOULD BE WISE TO PERIODICALLY POST WHERE WE ARE IN THE EAST DESIGN AND GOING FORWARD. SO WHEN THE PUBLIC LOOKS AT IT, THEY KNOW THIS IS BEING DONE, JUST BECAUSE THIS PROJECT STARTED, THAT THIS PROJECT IS STILL ON TAP BUT HAS MORE DESIGN REQUIREMENTS, OF WHAT NEEDS TO BE DONE. BUT MY UNDERSTANDING IS IT IS ALL FUNDED AND WE ARE TRYING TO GET IT ALL DONE. IF YOU JUST STOP ONE PROJECT, THAT DOESN'T NECESSARILY MEAN THE OTHER PROJECT IS GOING TO GO THAT MUCH FASTER. I WOULD LIKE TO GET ALL OF THEM OUT AND WHERE WE ARE IN TERMS OF THAT. >> THAT IS A GREAT POINT, WE CAN DEFINITELY PROVIDE MORE UPDATES AND WE HAVE BEEN INCREASING OUR SOCIAL MEDIA OUTREACH AND THE AMOUNT OF INFORMATION WE ARE PUTTING OUT THERE. I THINK IT IS IMPORTANT, JUST A NOTE THAT OUR PUBLIC WORKS TEAM , PROBABLY THE BUSIEST THEY HAVE EVER BEEN IN TERMS OF CAPITAL PROJECTS, WE HAVE VERY LARGE PROJECTS TO BID ON THE DESIGN AND NEARING CONSTRUCTION. SO THEY ARE VERY BUSY AND A LOT OF THESE ARE CENTERPIECE PROJECTS FOR THE CITY THAT WE NEED TO GET MOVING ON. SO, WE CAN GET MORE INFORMATION OUT. MY NEXT UPDATE IS REGARDING THE EVACUATION ROUTES, JUST TO NOTIFY THE PUBLIC THAT WE DO HAVE AN EVACUATION AGREEMENT, A MEMORANDUM OF UNDERSTANDING IN PLACE RIGHT NOW, THAT IS WITH THE PROPERTY OWNERS WE USE TO ACCESS THEIR PROPERTY, IN ADDITION TO THE DISTRICT 2025 WHICH IS ON HOLE IN TRUCK AND WE ARE NEARING COMPLETION OF SIGNATURE OF A SIMILAR AGREEMENT WITH THE REFORMATION DISTRICT 799 WITHIN OUR JURISDICTION, THAT WE WILL FINISH AND COMPLETE THE OVERALL AGREEMENT STRUCTURE TO ALLOW THAT EVACUATION ROUTE. SO THINGS ARE DEFINITELY IN MOVEMENT AND FAR ALONG THAT FRONT . LASTLY, NEXT MEETING ON THE 25th, EXPECT A PRELIMINARY DESIGN AND RIGHT-OF-WAY ALIGNMENT CONTRACT FOR THE RAILROAD EXTENSION, THAT WOULD BE FROM TETON ALL THE WAY TO SELLERS. THAT IS A CRITICAL PROJECT AS WELL, THAT WILL PROVIDE RELIEF FROM EAST CYPRESS AND PROVIDE DIRECT ACCESS FROM SELLERS TO LAUREL ROAD. >> [CAPTIONERS TRANSITIONING] WE RECENTLY APPROVED A CONTRACT WHO IS VERY CAPABLE . THEY ARE COMING OUT IN THE NEXT WEEKS TO MEET WITH US IN PERSON SO WE CAN DISCUSS OUR PRIORITIES. THAT WRAPS UP THE UPDATE I HAVE UNLESS THERE ARE ANY MORE QUESTIONS. LASTLY, WE HAVE THE UPDATE ON THE CURRENT APPLICATIONS. I THINK IT STARTED OUT AS A REQUEST SPECIFICALLY WITH USE PERMITS, BUT WE HAVE EXPANDED THAT AND WE HAVE STARTED THE SOCIAL MEDIA OUTREACH. YOU WILL SEE IT ON ALL OUR SOCIAL MEDIA PUT, WE ARE GIVING DIRECT LINKS TO ACCESS THOSE. IT IS THE SEVENTH MOST VIEWED PAGE ON OUR WEBSITE. IT SEEMS TO BE WORKING AND WE WILL CONTINUE TO PUSH OUT THAT INFORMATION. I HOPE THAT GIVES US SOME CLOSURE TO THAT TOPIC , BUT IF YOU WOULD LIKE TO ADDRESS THAT IN DIFFERENT WAYS, PLEASE LET US KNOW. >>> ALL RIGHT, REPORTS FROM COUNSEL? MR. MEADOWS? >>> LAST WEEK I ATTENDED, VIRTUALLY, THE MAYOR'S' CONFERENCE. THE BIGGEST THING THERE IS THERE WILL BE SEVERAL APPOINTMENTS COMING AT THEIR NEXT MEETING WITH CERTAIN MAYORS AND COUNCILMEMBERS RETIRING. THERE ARE OPENINGS ON COMMITTEES. THEN ALL THE TRAFFIC COMMITTEES , ALL THEIR MEETINGS ARE CANCELED FOR NOVEMBER. THAT'S IT. >> MS. WILLIAMS? >> TRI-DELTA TRANSIT HAD A FULL RETURN TO SERVICE SEPTEMBER 12. THE TRY MY RIDE PROGRAM IS UP 46% WHICH IS GETTING 250 RIDES PER DAY. IT IS SORT OF AN UBER FOR PUBLIC TRANSIT THAT YOU GET DOOR-TO-DOOR SERVICE AND IT IS ON-CALL. IT WAS PILOTED TO HELP PEOPLE WITH MOBILITY ISSUES AND IT HAS EXTENDED. THE PROGRAM IS GOING GREAT. WE WILL ALSO HAVE AN AT-LARGE BOARD POSITION AVAILABLE. I HAVE POSTED THAT EVERYWHERE. WE WILL BE REVIEWING APPLICATIONS FOR THAT. IT IS THE BEST COMMITTEE I HAVE EVER SERVED ON. IT IS VERY REWARDING. I THINK THAT IS ALL I HAVE. >>> THE ONLY ITEM I HAVE, THE HABITAT CONSERVANCY MEETING IS SCHEDULED. I EXPECT THIS TO BE THE LAST OF THE VIRTUAL REMOTE MEETINGS. IF ANYONE WANTS TO JOIN IN AND VIEW IT, YOU CAN GO TO THE CONTRA COSTA COUNTY WEBSITE AND CLICK ON THE HABITAT CONSERVANCY PAGE. AFTER THAT, I BELIEVE IN 2023, WE WILL HAVE JUST IN PERSON MEETINGS. THAT MADE ME THINK OF SOMETHING. WE HAVE THE PLANNING PAGE ON THE WEBSITE. WE HAVE BEEN VERY SUCCESSFUL WITH THE PLANNING PAGE. CAN WE GET A SIMILAR PAGE FOR CAPITAL IMPROVEMENT PROJECTS? I AM THINKING, WE GET THESE REPORTS SEMIANNUALLY OR QUARTERLY, BUT FOR PEOPLE WHO DON'T COME TO COUNCIL MEETINGS OR DON'T GO TO THE AGENDA, TO GO TO THE PLANNING PAGE AND SEE THOSE, HOPEFULLY UNDER CONSTRUCTION, PROJECTS ON THE PIPELINE FROM PLANNING TO THE BID IS OUT AND YOU WILL SEE BULLDOZERS? >> I DON'T SEE WHY WE COULDN'T. WE ARE ALREADY PROVIDING A QUARTERLY REPORT WITH A TREMENDOUS AMOUNT OF DETAIL. >> THAT WOULD BE GREAT. >>> REQUESTS FOR FUTURE AGENDA ITEMS, MR. FULLER? >> HE HAS, THE REQUEST FOR TWO MORATORIUMS. ONE FOR DRIVERS, SELF STORAGE DAISHA >> LET'S TAKE THEM ONE AT A TIME. >> THIS IS ALL ONE MORATORIUM , ADDRESSING A MORATORIUM ON DRIVER RESTAURANTS, GAS STATIONS AND SELF STORAGE. THE ISSUE OF CUPS, PERMITS, THAT WE NEED TO HAVE A MORATORIUM. THE SECOND MORATORIUM WOULD BE TO CONSIDER BANNING STOPPING ALL CONSTRUCTION UNTIL THE ZONING IS APPROVED. IN MY MIND, THAT IS TWO ITEMS. ON THE CARWASHES AND ON THE BUILDING DESIGN . I WOULD LIKE A CLOSED SESSION, AND I THINK IT IS TIME, MR. MURRAY HAS DONE A FANTASTIC JOB IN TERMS OF OUR ROADS AND WE ARE STILL STUCK WITH LAUREL AND O'HARA. I WOULD LIKE TO START GETTING THE CITY COUNCIL INVOLVED. I WOULD LIKE A CLOSED SESSION MEETING WHERE WE CAN REPORT ON THE STATE OF WHERE WE ARE AND WE CAN PROVIDE DIRECTION AND WHERE WE WOULD LIKE TO BE SO WE DON'T HAVE TO CONTINUE ON. ONE OF THE REASONS IS, YES, THAT PROPERTY IS UP FOR SALE. BUT IF IT IS SOLD TO ANOTHER DEVELOPER, WE ARE JUST STARTING ALL OVER AGAIN. >> I BELIEVE WE ARE ON TRACK TO BRING FORWARD AN AGREEMENT ON THE 25th. FOR THE ACQUISITION OF THE PROPERTY. I DON'T WANT TO GET THE CART BEFORE THE HORSE, BUT WE ARE ON TRACK TO BRING IT FORWARD. >> WHAT IF I MODIFY MY REQUESTS, EITHER ON THE OPEN AGENDA FOR ACQUISITION OR ON THE CLOSED AGENDA SO WE CAN DISCUSS IT. ONE OR THE OTHER WOULD BE MY REQUEST. THANK YOU VERY MUCH FOR THAT. I KNOW YOU HAVE WORKED VERY HARD ON THAT. I HAVE BEEN LOOKING AT THIS RESOLUTION, AND I FEEL LIKE I AM STARTING A ONE PERSON CAMPAIGN. I FEEL VERY STRONGLY NO PERSON COULD COME TO THAT MICROPHONE AND EVEN BEGIN TO DISCUSS PERSONNEL ISSUES. I DON'T KNOW WHERE THE RESOLUTION IS. IT WOULD BE GREAT, BUT THE TROUBLE IS, FIRST, THESE ARE PROPERTIES. WE ARE PAYING PART OF THE SALARY OF PEOPLE INTO A PENSION PROGRAM. THIS IS THEIR PROPERTY RIGHT, THIS IS PART OF THEIR PAY TO COME HERE AND WORK. PART OF BEING HERE IS THEIR DESIGNATED DUTIES AS FAR AS EMPLOYMENT. SO, WHEN WE HAVE PEOPLE COME UP AND START TALKING, WE ALSO HAVE PEOPLE WHO ARE HERE WITH FAMILIES AND NEIGHBORS AND CHURCH MEMBERS. AND OTHERS. AND WE MAKE IT ALL PUBLIC. WE HANG IT OUT. THAT CREATES A HOSTILE, TOXIC OPPRESSIVE WORK ENVIRONMENT. AS FAR AS I AM CONCERNED, THAT NEEDS TO STOP. WE NEED TO MAKE SURE IT DOES NOT EVEN START. THAT SOMEBODY COMES UP AND WE CUT THAT OFF. WE NEED TO HAVE A MECHANISM IN PLACE TO SANCTION THE PERSON IF IT CONTINUES. THIS IS A PLACE OF WORK. WE WOULD NOT ALLOW ANYBODY TO COME INTO THE FOYER AND BEGIN SHOUTING AT PEOPLE AND HOW BAD THEY ARE AND WANDERING AROUND POINTING FINGERS AT PEOPLE, WE NEED TO BACK UP OUR WORKFORCE. IF WE ARE GOING TO PUT ANYTHING OUT THERE, IT JUST ISN'T RIGHT TO COME IN AND HEAR PERSONAL COMPLAINTS. >> I THOUGHT WE COVERED THIS AND WE GAVE DIRECTION TO BRING SOMETHING BACK. >> WE DID TALK ABOUT IT AT THE LAST MEETING. AND WE TALKED ABOUT POSSIBLY PERSONAL COMPLAINTS, SOMETHING WE WOULD HAVE TO RESEARCH AND BRING BACK. WE ARE IN THE PROCESS, WE HAVE TO DO THAT. >> IS IT WHAT IS COVERED UNDER OPEN MEETINGS AND THEY CAN SAY WHATEVER THEY WANT THREE MINUTES NO MATTER HOW CRAZY THEY ARE VERSUS ATTACKS. THAT HAS ALREADY BEEN HANDLED? >> WE DID GET A SECOND ONE THAT. I THINK WE NEED TO HAVE THE CITY ATTORNEY DRAFT A MEMO THAT CAN BE DISTRIBUTED TO THE COUNCIL ON THAT PIECE. REGARDING THE FIRST TWO ITEMS THAT YOU BROUGHT UP, COUNCILMEMBER FULLER, CAN WE TALK ABOUT, DO WE HAVE A SECOND PERSON? >> I WAS GOING TO CIRCLE BACK. AS I SEE IT, THE FOURTH ITEM YOU BROUGHT UP, THE PERSONNEL ISSUES AND PUBLIC COMMENTS, I BELIEVE THAT IS IN PROGRESS AND RESOLVED. THE CLOSED SESSION ON LAUREL ROAD IS RESOLVES. EITHER WE HAVE A PUBLIC ITEM OR A CLOSED SESSION UPDATE. SO, WE HAD THE FIRST TWO, WHICH WAS THE MORATORIUM, I BELIEVE THAT WAS ON THE FOUR ITEMS MENTIONED IN THE ITEM WE CONTINUED EARLIER. SO, IS THERE SUPPORT FOR THAT? >> I WILL SUPPORT THAT. >> THEN THE SECOND ONE WAS THE BAN ORMAN MORATORIUM ON ALL CONSTRUCTION. IS THERE SUPPORT OR A SECOND? >> NOT STOPPING THOSE IN PLACE. >> IF SOMEBODY IS AT A CERTAIN STAGE IN THE PROCESS THEY GET TO CONTINUE. >> ANY SUPPORT FOR A BAN OR A MORATORIUM ON PENDING APPLICATIONS OR APPLICATIONS YET TO BE RECEIVED? >> I AM NOT HEARING SUPPORT THAT ONE. >> OKAY. I WOULD LIKE THE COUNCIL TO RECONSIDER ANY SEE YOU P OR A BUILDING PERMIT OR BUILDING LICENSE ANY TYPE OF BUSINESS OPERATION AT THE NORTHWEST CORNER OF SELLERS AND CYPRUS TO COME BEFORE COUNSEL. WE WENT THROUGH THAT, WE HAVE BEEN THROUGH THAT, IT HAS BEEN A NUMBER OF YEARS. THERE IS FAST FOOD AND I THINK WE OWE IT TO THE CITIZENS TO CONTINUE THE PROCESS AND BRING IT FOR CONSIDERATION. THE LAST ONE, I AM GLAD TO SEE -- ON WITH THE HASHMARKS. MY SON-IN-LAW IS A SURGEON AT UCLA AND PERFORMS BREAST CANCER SURGERY. IT IS SOMETHING THAT IS BEING RESOLVED AND CARE IS LONGER-LASTING. IT IS GOOD TO BE AWARE OF IT AND CONTINUE TO SUPPORT BREAST CANCER. >> IS THERE A REQUEST FOR AN AGENDA ITEM IN THERE SOMEWHERE? >> NO. >> BACK TO BUSINESS. I DID HEAR THE REQUEST FOR SELLERS IN EAST CYPRUS TO PULL THAT AWAY FROM THE PLANNING COMMISSION AND TAKE IT DIRECTLY TO CITY COUNCIL. IS THERE ANY SUPPORT OR DISCUSSION OR DELIBERATION ON THAT? >> I DIDN'T THINK SO. I THOUGHT WE CREATED A PLANNING COMMISSION. >> THAT PLAN WAS APPROVED AT A PRIOR MEETING . THE DEVELOPMENT PLAN WAS ACTUALLY APPROVED. ORIGINALLY, THE EMERSON RANCH APPROVAL HAD DESIGN GUIDELINES AND PARAMETERS AND THEN THE DEVELOPER CAME BACK IN, I BELIEVE IT WAS EARLY THIS YEAR OR LAST YEAR, IT WAS WITHIN A YEAR THAT THE DEVELOPER CAME IN AND PRESENTED A PLAN APPROVED BY CITY COUNCIL. >> THE ISSUE IS THE CONVENIENCE STORES, WE HAVE A FAST FOOD DRIVE THROUGH COMING UP AND I BELIEVE IT WOULD BE BEST HANDLED AND WITH THE COMMUNITY THERE TO PUT IT ON THE DAIS. >> IF YOU WOULDN'T MIND US GETTING BACK TO YOU ON THAT, I BELIEVE THEY WERE APPROVED. I JUST WANT TO DOUBLE CHECK BEFORE GIVE YOU THE FINAL. THE ACTION TO APPROVE THE GAS STATION , THAT WAS PART OF THE DEVELOPMENT THAT WAS ALWAYS , ALREADY PRESENTED AND APPROVED. >> I AM NOT DEBATING THE CONVENIENCE STORE BUT I REMEMBER ASKING ABOUT THE BEER --. IT WAS A BIG BEER CAVE. IT CAME UP, THEY NEED TO APPLY TO DISPENSE BEER AND I HAVE NOT FORGOTTEN THAT ONE. >> WE WILL HEAR BACK ON THE STATUS OF, IF THEY NEED ANY FURTHER CUP'S OR IF IT IS ALL WRAPPED UP >> ANY THING ELSE? >> I HAVE USED UP ENOUGH TIME. >> YES, YOU HAVE! >> ANYBODY ELSE? THAT IS THE LAST ITEM OF BUSINESS. ALL THAT IS LEFT IS TO ADJOURN. WE WILL SEE YOU NEXT TIME. THANKS FOR COMING.

Minutes of Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority held October 11, 2022 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 Randy Pope 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 Aaron Meadows and Councilmembers Anissa Williams and George Fuller were also in attendance. Mayor Pope announced Councilmember Sue Higgins was absent due to attending a transportation conference in Seattle, Washington, representing the City and her committee assignment. 1.2 Pledge of Allegiance to the Flag Mayor Pope led the Pledge of Allegiance to the Flag. The City Council considered Public Comments and the Consent Calendar prior to presentation of proclamations while the City Clerk obtained the proclamations to present. 1.3 Presentation of Proclamations - 1. National Friends of the Library Month (Lorena Campos, Friends of the Oakley Library President) 2. Domestic Violence Awareness Month (Shannon Starzyk, Contra Costa Family Justice Center) 3. Red Ribbon Week (Patricia Britton & Van Le, Pride & Purpose Project Youth Advocates, Shameka Bolds, Pride & Purpose Project Coordinator, Fatima Matal Sol, CCC Alcohol and Other Drugs Program Chief) 4. Breast Cancer Awareness Month (Janet Jule, Antioch Medical Center Chief Nursing Officer) Mayor Pope presented the proclamations. Recipients accepted and shared information. Pride & Purpose Project Youth Advocates Patricia Britton and Van Le provided red ribbons to the City Council. 2) PUBLIC COMMENTS None.

3) CONSENT CALENDAR 3.1 Approve Minutes from the Special Joint Meeting of the Oakley City Council, Board of Directors of Diablo Water District, and Board of Directors of Ironhouse Sanitary District held September 26, 2022 (Libby Vreonis, City Clerk) 3.2 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney) 3.3 Approve second reading of Ordinance No. 14-22 authorizing the levy of a special tax commencing in Fiscal Year 2023-24 and each ensuing fiscal year thereafter solely within and relating to City of Oakley Community Facilities District No. 2022-1 (HCP/NCCP Services) 3.4 Waive the Second Reading and Adopt an Ordinance Adding Chapter 4.38 (Single-Use Foodware Accessories and Condiments) to the Oakley Municipal Code (Ken Strelo, Planning Manager) 3.5 Waive the Second Reading and Adopt an Ordinance Amending Sections 2.9.002 through 2.9.012 of the City of Oakley Conflict of Interest Code to Adopt and Incorporate by Reference the terms of 2 California Code of Regulations Section 18730 and any Amendments to it duly adopted by the Fair Political Practices Commission and Repeal Sections 2.9.014 through 2.9.020 of the Oakley Municipal Code (Libby Vreonis, City Clerk) 3.6 Fiscal Year (FY) 2022/23 First Quarter Report on the Capital Improvement Program (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.7 Acceptance of work associated with the Construction Contract to R & R Pacific Construction, Inc. for the construction of Fiscal Year (FY) 2020/2021 Street Repair and Resurfacing Project-Capital Improvement Project (CIP) Number 246 (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.8 Authorize the City Manager to execute a Construction Agreement with Martell Water Systems, Inc. for the Construction of Capital Improvement Project Number 265 -Irrigation Well Installation Project at the City's Freedom Basin (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.9 Authorize the City Manager to Execute a Consulting Agreement with Callander Associates Landscape Architecture, Inc. for Landscape Architectural Design Services for the Enrico Cinquini Park Construction Project-Capital Improvement Project Number 281 (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.10 Adopt Resolution of Intention to Establish Community Facilities District No. 2022-2 (Summer Lake North Maintenance Services) (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.11 Creating Zone 186 within the Oakley Special Police Tax Area consisting of the Summer Lake North project located on the northeast corner of the intersection of Bethel Island Road and East Cypress Road (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.12 Review of Proclamation Request for Future Agenda (John Muir Community Health Fund Day) (Libby Vreonis, City Clerk) One online public comment was submitted by Dwight Hodgen regarding item 3.8. He inquired about the impact of extraction of water from the well on private party wells in the area. Public Works Director/City Engineer Kevin Rohani spoke directly with Mr. Hodgen prior to the meeting to answer his question. It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to approve the Consent Calendar. Motion was unanimous and so ordered. (4-0) Presentation of proclamations occurred next, before Public Hearings. 4) PUBLIC HEARINGS 4.1 Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”)- Adding Four Subsections to Address Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage (RZ 04-21) (Ken Strelo, Planning Manager) Planning Manager Ken Strelo shared staff recommends continuing this item to a date uncertain to allow time for staff to review and analyze comments submitted. City Attorney Derek Cole explained there is a difference between continuing an item to a date certain or date uncertain. He shared if an item is continued to a date certain, staff does not have to re-notice. He mentioned the reason the agenda says a date uncertain doesn’t mean staff is going to push it off; it is because staff is looking for flexibility to do analysis and review, and respond to comments received. He mentioned the intention is to bring this item back at the beginning of the year, but staff does not yet have a date certain. He commented that the Council has the option to pick a date certain. Mayor Pope called for public comments and shared that one written public comment was submitted (by Shelly Fitzgerald) inquiring about the delay which Mr. Cole explained.

Councilmember Fuller requested a moratorium on issuing any building permit, CUP, variance, or other item that would fall within the Zoning Code until the Council passes a zoning ordinance. He mentioned it has been 18 months since Councilmember Williams requested the item and it has gone back and forth since then, and the community is losing confidence that it will come together. Councilmember Williams inquired what it would take to have moratorium. Mr. Cole responded that they cannot discuss the substance of it because it is not on the agenda; it can be requested as a future agenda item; however, he can mention that a moratorium requires an urgency ordinance that would require time for him to draft and bring back. Councilmember Fuller respectfully disagreed that it is not off the agenda. Mr. Cole clarified if regarding the special land uses only, they could discuss further; however, if a blanket moratorium is desired, the Council may request it as a future agenda item. Councilmember Fuller indicated he would accept special land uses for this meeting, but he wants a moratorium across the board to come back which he will request as a future agenda item, so the community has trust that the City is not just putting things off. Mr. Cole commented the Council needs to give staff and legal counsel time to do the job well. He mentioned they may disagree with the developer request, but he wants to hear all comments and create zoning ordinances that work well for everyone. He also mentioned he can appreciate how people can say it is taking a long time, but he also appreciates considering all aspects to bring it forth while balancing all other tasks. Councilmember Fuller mentioned he is not saying don’t look at it, but until it comes back and passes, he wants a moratorium, and the community needs to know they are going to have a zoning ordinance. Mayor Pope commented he won’t be on the Council next year but would feel more comfortable to continue to a date certain in January 2023. Councilmember Williams agreed with a moratorium for the special land uses until it is solidified and to bring the item back on a date certain, January 24, 2023. She mentioned she is not certain how many pending applications there may be or what affect this will have but she thinks a moratorium may be needed so the community knows the City is not just putting it off while more applications can potentially come in.

Mr. Cole commented it is up to the Council if a moratorium is wanted but he cannot draft it by Monday to meet the agenda deadline for the next Council meeting to be held October 25. He suggested he could bring it forth for the November Council meeting. Councilmember Fuller inquired what happens if the Council passes a moratorium tonight. Mr. Cole explained the Council cannot address a moratorium tonight as there has been no notice of it on the agenda. Councilmember Fuller expressed concern regarding putting it off. He made a records request for every CUP, building permit, variance and design submitted until the item is brought back. Vice Mayor Meadows inquired if Councilmember Williams’ motion was only to continue the item to a date certain, January 24, 2023, not a moratorium. Councilmember Williams indicated her motion is to continue the item to January 24, 2023. It was seconded by Vice Mayor Meadows. AYES: Meadows, Pope, Williams. NOES: Fuller. (3-1) 5) REGULAR CALENDAR None. 6) REPORTS 6.1 CITY MANAGER (a) City Manager City Manager Joshua McMurray reported the BNSF railroad signal arms have been malfunctioning. He shared BNSF indicated there were some faulty shunts on the track that have been fixed, but arms are still malfunctioning. He also shared that BNSF indicated technology warns the train operator of malfunction; however, he does not believe this creates comfort for residents or staff; BNSF needs to make sure the railroad arms are operational and safe, and staff has been in contact with BNSF repeatedly regarding this issue. Councilmember Williams inquired if there is anything the City can do to hold BNSF accountable. Mr. McMurray explained he wishes the City had more leverage but the railroad is higher on the totem pole than the City; however, contacts at BNSF have now been more responsive and he believes they are making positive traction. He mentioned the 1-800 number on the control cabinets has been ineffective. He expressed any comments the

Council can provide to staff to direct to the Washington BNSF team to direct to the BNSF local team would be helpful. Vice Mayor Meadows commented it is imperative for staff to keep working on it and he appreciates contacts made. He suggested Congressional representatives may help. He mentioned even if BNSF is taking precautions, it is still a safety issue for the City with traffic backing up on Cypress and Main streets, and the railroad needs to be responsible for its equipment and step up. Councilmember Fuller suggested the City Attorney might help to draft an ordinance provision to place a limit on the amount of time trains can block traffic. He mentioned when he was with LAPD, trains could not block traffic for more than 15 minutes. Mayor Pope mentioned if it can be addressed by local ordinance that it should, but he believes it may be a federal matter and suggested reaching out to federal representatives. He shared he believes there already is a restriction for trains blocking traffic for more 15 minutes, but he would like to hear back regarding enforcement of that restriction. Mr. McMurray also reported on the Burrough’s property consisting of 43 acres with Westgate Venture. He mentioned the City has accelerated frontage improvements along East Cypress, the parcel extending from Knightsen to the canal overcrossing. He shared that plans are out for CIP 247, the bid will occur later this week, staff will bring forth a contract on October 25, and construction is expected to begin early next year to provide a 6-lane road and improvements to make the section safer. Mr. McMurray also reported on East Cypress from the canal to Bethel Island Road. He mentioned the Council approved a reimbursement agreement earlier this year with two developers, TI Capital and DeNova. He shared TI Capital is developing 3,200 homes and is wrapping up plans and permits, and DeNova has 824 homes and they are actively building the levy on the Summerlake North project. He mentioned staff is working with both developers for roadway improvements including widening of the canal crossing and a 4-lane divided road. He shared that eventually, the project will traverse over Rock Slough Bridge to a new road to connect to Delta Road. He indicated staff is analyzing right-of-way to acquire and will engage with property owners regarding acquisitions early next year. Councilmember Williams mentioned she previously suggested a timeline be placed on the City’s website. She inquired if anything is available on the City’s website to view. Mr. McMurray responded that the City’s website was updated to include the evacuation route and staff can provide more detail on the website regarding improvements to be installed on that section and the Burrough’s project.

Councilmember Fuller suggested periodically posting updates on all projects so the public knows what is being done and that projects have not fallen off just because others have started. Mr. McMurray responded staff can update the website and get more information out to the public. Mr. McMurray also reported that the City has a MOU in place now with property owners on Holland Tract in addition to Reclamation District 2025 on Holland Tract for evacuation routes. He mentioned they are nearing signature on a similar MOU with Reclamation District 799 within Oakley’s jurisdiction to complete the overall agreement structure to allow the evacuation route to happen. Mr. McMurray also reported that on October 25, staff expects to bring a preliminary design and right of way alignment contract between Teton and Sellers to provide relief from East Cypress and direct access from Sellers to Laurel. He mentioned it is a $40 million project and staff will notify property owners and find money for construction. He shared the City has a new grant writing firm to find money. (b) Update on Current Planning Applications Mr. McMurray provided an update on current Planning applications pursuant to the Council’s request for staff to provide more advance notice on Planning projects. He shared staff has started social media outreach to advertise current projects and provide links to information. He also shared the projects’ page is the 7th most viewed webpage on the City’s website. 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 Vice Mayor Meadows reported he attended the Mayors' Conference virtually last week and there will be several appointments at the next Mayors’ Conference meeting with some current Councilmembers retiring and with openings on committees. He announced transit meetings have been canceled for November. Councilmember Williams reported Tri-Delta Transit had a full return to service on September 12, an Uber-like service called “Try My Ride” provided by Tri-Delta for public transit is up 46% and is doing great, and at-large board position is up for anyone interested in applying. She shared it is the best committee she has served on. Mayor Pope announced the next Habitat Conservancy meeting will be held virtually on October 21 at 10am and he expects it will be the last virtual meeting which can be viewed by going to the Habitat Conservancy page on the County’s website. He

mentioned Habitat Conservancy meetings in 2023 should be held in person. He suggested a similar page on the City’s website to that of Planning projects for CIP projects. Mr. McMurray indicated staff can provide a similar page for CIP projects. (b) Requests for Future Agendas Councilmember Fuller requested: 1. A moratorium on development of special land uses (drive-through restaurants, carwashes, gas stations and self-storage). Councilmember Williams supported this moratorium. 2. A moratorium stopping all applications until a zoning ordinance is approved. There was no support for this moratorium. 3. A closed or open session item regarding the Laurel Road acquisition. Mr. McMurray indicated staff is on track to bring forth an agreement for the right-of-way on Laurel Road on October 25. 4. A policy addressing no person may discuss personnel matters at the podium during public comment. Mr. McMurray indicated the City Attorney will address the item via memorandum. 5. Consider any CUPs, licenses, or business operations for the NW corner of Sellers and E. Cypress to come before Council. Mr. McMurray commented he will check and report back, but he believes the development plan was already approved. Mr. Fuller specified in relation to CUPs (a potential beer cave in the area), he would like to see that come to Council. 6. Ordinance restricting amount of time trains can stop traffic. 7) WORK SESSIONS None. 8) CLOSED SESSION None. 9) ADJOURN There being no further business, the meeting was adjourned at 7:44 p.m. Respectively Submitted, Libby Vreonis City Clerk

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AGENDA 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 Tuesday, October 11, 2022 6:30 PM Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561 MISSION STATEMENT: The City of Oakley will create a resilient future that fosters and attracts a vibrant and evolving community that welcomes and values all people. VISION STATEMENT: The City of Oakley celebrates our unique Delta lifestyle and small-town feel where we Live in a safe, dynamic community, Work together to build the future, and Play in our own backyard. Agendas are posted in Oakley at Oakley City Hall-3231 Main Street, outside the gym at Delta Vista Middle School-4901 Frank Hengel Way and outside the Library at Freedom High School-1050 Neroly Road. Agendas are also posted on the City’s Internet Website www.ci.oakley.ca.us. A complete packet of information containing staff reports and exhibits related to each item is available for public review prior to an Oakley City Council and/or City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority meeting at Oakley City Hall, 3231 Main Street, Oakley, CA 94561. Any writings or documents provided to a majority of the Oakley City Council, Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency or Oakley Public Financing Authority regarding any item on this agenda will be made available for public inspection, during regular business hours, at the front counter in the Main Lobby of the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561. Agendas may be picked up at the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561 for no charge. To request information regarding placement on the City’s agenda e-mail distribution list, please contact us at (925) 625-7000. The City of Oakley provides social media options to stay connected to City Hall through Facebook, Twitter, Next Door and Instagram. Other opportunities to connect with City Hall include Engage In Oakley, Oakley OnDemand on the City's website, and by emailing info@ci.oakley.ca.us. If you have a physically challenging condition and require special accommodations, please call the City Clerk’s office at (925) 625-7000. 1

Please keep cell phones/electronic devices turned off during the meeting. Please be advised that City Council meetings are video recorded and attendees may appear on video. Information Regarding Public Comment Members of the public may address the Council on items of interest that are within the City’s jurisdiction. In compliance with State law, the council may not take actionor have discussion on any item that is not specifically listed on the agenda. Public comment on items not listed on the agenda will be heard under the Public Comments section of the agenda. Public comments on items listed on the agenda will be heard as the Mayor calls the items. In compliance with State law, the Council may not take action on an item that is not specifically listed on the agenda. If you would like to speak on any agenda item, please fill out a public speaker card available in the lobby and submit it to the City Clerk seated in the Council Chamber prior to the agenda item being called. The Mayor will call you by name to the podium to hear your comment. PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. Online public comments are accepted until 5 p.m. the day of the meeting and can be submitted at https://www.ci.oakley.ca.us/online-public-comment-card/. 1.OPENING MATTERS Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority 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 1.2 Pledge of Allegiance to the Flag 1.3 Presentation of Proclamations - 1. National Friends of the Library Month (Lorena Campos, Friends of the Oakley Library President) 2. Domestic Violence Awareness Month (Shannon Starzyk, Contra Costa Family Justice Center) 3. Red Ribbon Week (Patricia Britton & Van Le, Pride & Purpose Project Youth Advocates, Shameka Bolds, Pride & Purpose Project Coordinator, Fatima Matal Sol, CCC Alcohol and Other Drugs Program Chief) 4. Breast Cancer Awareness Month (Janet Jule, Antioch Medical Center Chief Nursing Officer) proclamations 2.PUBLIC COMMENTS At this time, the public is permitted to address the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority on non-agendized items. PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. In accordance with 2

State Law, however, no action or discussion may take place on any item not appearing on the posted agenda. 3.CONSENT CALENDAR Consent Calendar items are typically non-controversial in nature and are considered for approval by the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority with one single action. Members of the audience, Staff or the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor remove the item. Members of the public should submit any Speaker Cards related to the Consent Calendar in advance of the Consent Calendar being considered. 3.1 Approve Minutes from the Special Joint Meeting of the Oakley City Council, Board of Directors of Diablo Water District, and Board of Directors of Ironhouse Sanitary District held September 26, 2022 (Libby Vreonis, City Clerk) Minutes 9-26-22 3.2 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney) Memo 3.3 Approve second reading of Ordinance No. 14-22 authorizing the levy of a special tax commencing in Fiscal Year 2023-24 and each ensuing fiscal year thereafter solely within and relating to City of Oakley Community Facilities District No. 2022-1 (HCP/NCCP Services) Staff Report 1. Ordinance 3.4 Waive the Second Reading and Adopt an Ordinance Adding Chapter 4.38 (Single-Use Foodware Accessories and Condiments) to the Oakley Municipal Code (Ken Strelo, Planning Manager) Ordinance 3.5 Waive the Second Reading and Adopt an Ordinance Amending Sections 2.9.002 through 2.9.012 of the City of Oakley Conflict of Interest Code to Adopt and Incorporate by Reference the terms of 2 California Code of Regulations Section 18730 and any Amendments to it duly adopted by the Fair Political Practices Commission and Repeal Sections 2.9.014 through 2.9.020 of the Oakley Municipal Code(Libby Vreonis, City Clerk) Ordinance 3

3.6 Fiscal Year (FY) 2022/23 First Quarter Report on the Capital Improvement Program (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 3.7 Acceptance of work associated with the Construction Contract to R & R Pacific Construction, Inc. for the construction of Fiscal Year (FY) 2020/2021 Street Repair and Resurfacing Project – Capital Improvement Project (CIP) Number 246 (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. Resolution 2. Notice of Completion 3.8 Authorize the City Manager to execute a Construction Agreement with Martell Water Systems, Inc. for the Construction of Capital Improvement Project Number 265 – Irrigation Well Installation Project at the City's Freedom Basin (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. Resolution 2. Martell Water Systems, Inc. Proposal 3.9 Authorize the City Manager to Execute a Consulting Agreement with Callander Associates Landscape Architecture, Inc. for Landscape Architectural Design Services for the Enrico Cinquini Park Construction Project – Capital Improvement Project Number 281 (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. Resolution 2. Proposal 3.10 Adopt Resolution of Intention to Establish Community Facilities District No. 2022-2 (Summer Lake North Maintenance Services) (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. Petition 2. Resolution of Intention 3. Boundary Map 4

3.11 Creating Zone 186 within the Oakley Special Police Tax Area consisting of the Summer Lake North project located on the northeast corner of the intersection of Bethel Island Road and East Cypress Road (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. Resolution 1A. Exhibit A - Diagram 2. Ordinance 2A. Exhibit A - Diagram 2B. Exhibit B - Schedule for Police Service Tax 3.12 Review of Proclamation Request for Future Agenda (John Muir Community Health Fund Day) (Libby Vreonis, City Clerk) Staff Report 1. Proclamation Request Form 2. Sample Proclamation 4.PUBLIC HEARINGS 4.1 Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”) – Adding Four Subsections to Address Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage (RZ 04-21) (Ken Strelo, Planning Manager) Suggested Action: Item to be Continued to a Future Date Uncertain 5.REGULAR CALENDAR 6.REPORTS 6.1 CITY MANAGER (a) City Manager (b) Update on Current Planning Applications 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 5

(b) Requests for Future Agendas 7.WORK SESSIONS 8.CLOSED SESSION 9.ADJOURN 6

Proclamation National Friends of Libraries Week October 16 - 22, 2022 WHEREAS, Friends of the Oakley Library raise money that enables our library to move from good to great -- providing the resources for additional programming, much needed equipment, support for children’s summer reading, and special events throughout the year; and WHEREAS, the work of the Friends highlights on an on-going basis the fact that our library is the cornerstone of the community providing opportunities for all to engage in the joy of life-long learning and connect with the thoughts and ideas of others from ages past to the present; and WHEREAS, the Friends understand the critical importance of well-funded libraries and advocate to ensure that our library gets the resources it needs to provide a wide variety of services to all ages including access to print and electronic materials, along with expert assistance in research, readers’ advisory, and children’s services; and WHEREAS, the Friends’ gift of their time and commitment to the library sets an example for all in how volunteerism leads to positive civic engagement and the betterment of our community. NOW THEREFORE BE IT RESOLVED that I, Randy Pope, Mayor of the City of Oakley, on behalf of the City Council, do hereby proclaim the week of October 16 - 22, 2022, as “National Friends of Libraries Week” in the City of Oakley, and urge everyone to join the Friends of the Library and thank them for all they do to make our library and community so much better. October 11, 2022 _________________ Randy Pope, Mayor 7

Domestic Violence Awareness Month October 2022 WHEREAS: the problems of domestic violence are not confined to any group or groups of people but cross all economic, racial, and societal barriers and are supported by societal indifference; and WHEREAS: 1 in every 3 women will experience domestic violence during her lifetime; 1 in every 4 women will experience sexual assault in her lifetime; and 1 in 6 men have had abusive or unwanted sexual experiences in their lifetime; and WHEREAS: approximately 15.5 million children are exposed to domestic violence every year; and WHEREAS: when a family member is abused, it can have long-term damaging effects on the victim that also leaves a mark on family, friends, and the community at large; and WHEREAS: families are indispensable to a stable society, and they should be a place of support to instill responsibility and values in the next generation; and WHEREAS: the crimes of domestic and sexual violence violate an individual’s privacy, dignity, security, and humanity due to the systematic use of physical, emotional, sexual, psychological, and economic control and/or abuse; and WHEREAS: the impacts of domestic violence are wide-ranging, directly affecting men, women, children, and society as a whole; and WHEREAS: it is important to recognize the compassion and dedication of the individuals who provide services to victims of domestic and sexual violence and work to increase public understanding of this significant problem; and WHEREAS: local programs, state coalitions, national organizations, and other agencies are committed to increasing public awareness of domestic and sexual violence and its prevalence, and to eliminating it through prevention and education; and WHEREAS: all people should feel safe in their homes, their schools, and their communities. NOW, THEREFORE, BE IT RESOLVE that, I, Randy Pope, Mayor of the City of Oakley, do hereby proclaim October 2022 as Domestic Violence Awareness Month, and urge all citizens to actively participate in the efforts to end violence in our homes, in our schools, and in our communities. October 11, 2022 ________________ Randy Pope, Mayor 8

Proclamation Red Ribbon Week October 23-31, 2022 WHEREAS, the city of Oakley and the Pride & Purpose Project value the health and safety of all our citizens especially our youth; and WHEREAS, underage cannabis use, underage alcohol consumption, and underage prescription drug use is particularly damaging to one of our most valuable resources, our youth, and a contributing factor in the three leading causes of death for teenagers – accidents, homicides, and suicides; and WHEREAS, the National Red Ribbon Campaign, gives the citizens and youth of Oakley, California an opportunity to demonstrate their commitment to supporting youth in drug-free lifestyles (no use of illegal drugs, no illegal use of legal drugs); and WHEREAS, the Red Ribbon Campaign will be celebrated in the city of Oakley, California, during “Red Ribbon Week”, October 23-31; and WHEREAS, it is the goal of the Red Ribbon Campaign, the city of Oakley, California and the Pride & Purpose Project to involve families, schools, businesses, churches, law enforcement agencies and service organizations in all aspects of this campaign and establish an atmosphere that supports awareness, education and on-going initiatives to prevent illegal drug use, and to showcase this by wearing and displaying Red Ribbons during this week long campaign; and WHEREAS, the Red Ribbon Week Campaign theme promotes family and individual responsibilities for living healthy, drug-free lifestyles, without illegal drugs or the illegal use of legal drugs, and WHEREAS, the Pride & Purpose Project and other community based organizations will show visible and unified prevention education efforts launched to eliminate the demand for drugs; and WHEREAS, the Pride & Purpose Project further commits to utilize its resources to ensure to the success of the Red Ribbon Campaign in Oakley, California. NOW THEREFORE BE IT RESOLVED that I, Randy Pope, Mayor of the City of Oakley, on behalf of the City Council, do hereby proclaim the week of October 23-31, 2022, as Red Ribbon Week and encourages its youth and citizens to participate in drug prevention activities making a visible statement that we strongly support a drug-free life amongst our youth in Oakley, CA. October 11, 2022 _________________ Randy Pope, Mayor 9

P r o c l a m a t i o n Recognizing October as Breast Cancer Awareness Month WHEREAS, breast cancer is the second most commonly diagnosed form of cancer for women in the United States, in 2022, an estimated 287,850 new cases of invasive breast cancer are expected to be diagnosed in women in the U.S and about 2,710 new cases in men; and WHEREAS, breast cancer remains the second leading cause of cancer death among American women. It is projected that it will claim 43,250 women in the United States in 2022; and WHEREAS, although men are not as susceptible to developing this form of cancer as women, 2,710 men are expected to be diagnosed with breast cancer this year. While survival rates for men and women with breast cancer are similar at parallel stages, men report symptoms less frequently, and are therefore at a greater risk of developing an advanced case of breast cancer before detection; and WHEREAS, death rates from breast cancer have been declining, and this change is believed to be the result of earlier detection and improved treatment; and WHEREAS, mammography, an “x-ray of the breast”, is recognized as the single most effective method of detecting breast changes that may be cancer long before physical symptoms can be seen or felt; and WHEREAS, researchers, scientists, numerous nonprofit organizations, and breast cancer survivors are dedicated to discovering the cure for breast cancer. During the month of October, we acknowledge the extraordinary commitment and effort invested in this cause, and support those who are working towards a cure; and WHEREAS, we recognize the breast cancer survivors among us and honor their faith and courage. Over two and a half million American breast cancer survivors today give us hope of a better future for those affected by breast cancer. NOW, THEREFORE, BE IT RESOLVED that I, Randy Pope, Mayor of the City of Oakley, do hereby proclaim October 2022 as Breast Cancer Awareness Month and encourage all Americans to learn the facts about breast cancer, invest in a healthy future by exercising regularly, maintaining a healthy diet, and limiting alcohol use, and obtain regular breast cancer screenings. __________________________ Randy Pope, Mayor 10

Minutes of the Special Meeting of the Oakley City Council, Board of Directors of Diablo Water District and Board of Directors of Ironhouse Sanitary District held September 26, 2022 1.Call Meeting to Order and Roll Call The joint special meeting was called to order at 6:02 p.m. at the Big Break Regional Shoreline Visitor Center Conference Room located at 69 Big Break Road, Oakley, California. Phone conference was made available for the meeting. Vice Mayor Aaron Meadows and Councilmembers George Fuller and Sue Higgins were in attendance. Mayor Randy Pope and Councilmember Anissa Williams were absent. 2.Pledge of Allegiance to the Flag Chad Davisson, General Manager of Ironhouse Sanitary District, led the Pledge of Allegiance to the Flag. 3.Public Comments (on non-agenda items) An online comment was submitted by Leonard Price to the City of Oakley. He confirmed his opposition to the Delta Conveyance Project. 4.Stop the Delta Tunnel/Delta Conveyance Project 4.1 Stop the Delta Tunnel/Delta Conveyance Project Speakers: Osha R. Meserve (Soluir Meserve, A Law Corporation) and Ryan Hernandez (Contra Costa County) Staff Recommendation: Confirm or Reaffirm Opposition to the Delta Conveyance Project Osha R. Meserve with Soluir Meserve, A Law Corporation and Ryan Hernandez with Contra Costa County presented regarding the Stop the Delta Tunnel/Delta Conveyance Project. Vice Mayor Meadows asked if the Oakley City Council would want to entertain a motion to confirm or reaffirm opposition to the Delta Conveyance Project. It was moved by Councilmember Fuller and seconded by Councilmember Higgins to oppose the Delta Conveyance Project. Motion was unanimous and so ordered. (3-0) 5.Adjournment There being no further business, the meeting was adjourned at 7:33 p.m. 11

Date: September 28, 2022 To: Mayor and Members of City Council From: Derek P. Cole, City Attorney Cc: Joshua McMurray, City Manager Subject: Closed Session Report-Out Memo FOR CONSIDERATION AT THE CITY COUNCIL MEETING OF OCTOBER 11, 2022 Background and Analysis The City Council considered the following closed session item during its regular meeting held September 27, 2022: CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(d)(2). One potential case. Direction was provided to staff and there was no reportable action. Fiscal Impact None. Recommendation Receive and file this report. Attachments None. MEMORANDUM Office of the City Attorney 12

STAFF REPORT Approved and Forwarded to the City Council DATE: Tuesday, October 11, 2022 TO: Joshua McMurray, City Manager FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Approve second reading of Ordinance No. 14-22 authorizing the levy of a special tax commencing in Fiscal Year 2023-24 and each ensuing fiscal year thereafter solely within and relating to City of Oakley Community Facilities District No. 2022-1 (HCP/NCCP Services) Background and Analysis Vesting Tentative Maps 9156, 9311, 9401, and 9404 within the East Cypress Corridor (“ECC”) Specific Plan are collectively known as the Cypress Preserve (the “Project”). The Project area is within Planning Areas 1, 3, and 4 of the ECC Specific Plan and is expected to consist of a total of over 3,100 attached and detached single-family residential units at build-out. The Project encompasses existing Assessor Parcel Numbers 020-140-048, 020-150-003, 032-050-003, 032-082-001, 032-082-005, and 032-082-013 located along East Cypress Road on the eastern edge of the City. The applicant for the Project, ACD-TI Oakley, LLC (the “Developer”), is conditioned to permanently protect the approximately 255-acre North Preserve (Planning Area 1) and its 76 acres of wetlands; create approximately 15 acres of new wetland habitat in the North Preserve; permanently protect the approximately 13-acre wetland area in the Project's southeast corner also known as the South Preserve (Planning Area 4); and permanently protect 43.1 acres of wetlands located within the Project but outside of the North and South Preserve areas. In December of 2006, the East Contra Costa County Habitat Conservation Plan Association, which included Contra Costa County (the “County”), the City of Oakley (the “City”), and other local government entities, completed preparation of the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (“HCP/NCCP”). The purpose of the HCP/NCCP is to conserve species covered by the HCP/NCCP while allowing for compatible economic development and growth in east Contra Costa County and the cities of Brentwood, Clayton, Oakley, and Pittsburg (collectively the “Cities”). For this purpose, the HCP/NCCP includes a conservation strategy that will establish a system of habitat preserves linked to existing protected land to form a network of protected areas (the 13

“Preserve System”). The East Contra Costa County Habitat Conservancy (the “Conservancy”) was established on April 16, 2007, pursuant to a joint powers agreement amongst the County and the Cities, to serve as the implementing entity for the HCP/NCCP responsible for overseeing the assembly and day-to-day operations of the Preserve System. The services provided by the Conservancy (the “HCP/NCCP Services”) include, but are not limited to, program administration, management, maintenance, monitoring, and research associated with the Preserve System. The Conservancy, the City, the Developer, and the Wildlife Heritage Foundation entered into an agreement on June 13, 2018 regarding the extension of authorization for the incidental take of certain covered species identified in the HCP/NCCP for the Project (the “Take Authorization Agreement”). The Take Authorization Agreement was subsequently amended on July 23, 2021. The amendment included revised terms for payment of the permanent impact mitigation fee amount due for the Project, including a reduction of $2,500,000 in Developer fees, o

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