Nov 8, 2022 - 04:14 PM

WELCOME. WE WILL CALL THIS MEETING TO ORDER. TODAY IS TUESDAY, NOVEMBER 8, 2022. ROLL CALL. >> VANESSA WILLIAMS? AARON MEADOWS. SUE HIGGINS, AND I AM RANDY POPE. TONIGHT WE WILL BE LED IN THE PLEDGE OF ALLEGIANCE. SHE IS A FIFTH-GRADE STUDENT AT SUMMERLIKE ELEMENTARY SCHOOL. SHE HAS ONE OLDER AND TWO YOUNGER SIBLINGS. IN HER SPARE TIME SHE LIKES TO GO TO THE PARK AND HANG OUT WITH HER FRIENDS. HER FAVORITE SUBJECT IN SCHOOL IS SOCIAL STUDIES BECAUSE SHE IS ALWAYS LEARNING SOMETHING NEW IN THE CLASS. >> PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE. READY, BEGIN. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. PLEASE BE SEATED. >> I DON'T SEE CONGRESSMAN HERE YET. I UNDERSTAND HE IS COMING IN PERSON SO WE WILL PUT THAT BACK UNTIL HE ARRIVES. ONE POINT FOR PRESENTATION OF PROCLAMATIONS, WE HAVE TO. LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL APPRECIATION DAY. THE CHIEF AND POLICE DEPARTMENT STAFF WILL BE HERE TO RECEIVE THAT. WE WILL MEET YOU UP FRONT. IS THE CITY OF COUNCIL AND CITY OF OAKLEY APPRECIATE THE VALUABLE CONTRIBUTIONS TO OUR EMPLOYEES AND WHEREAS, THE CITY COUNCIL WISHES TO SPECIFICALLY RECOGNIZE AND COMMEND POLICE RECORDS ASSISTANCE AND POLICE SERVICE ASSISTANCE FOR THEIR OUTSTANDING DEDICATION, HARD WORK, AND TEAM EFFORT IN THEIR ROLES AS POLICE SUPPORT PERSONNEL; AND WHEREAS, THE OAKLEY POLICE SUPPORT SUPPORT PROFESSIONALS CONSISTENTLY DEMONSTRATE EXEMPLARY SERVICE TO COMMUNITY MEMBERS, AS WELL AS OTHER LOCAL, STATE AND COUNTY WIDE LAW ENFORCEMENT AGENCIES; AND WHEREAS ALSO DEMONSTRATED IS EXCELLENT ATTENTION TO DETAIL WITH QUALITY CONTROL, INVENTORY, DISPOSITION OF EVIDENCE AND EFFECTIVE COMMUNICATION WITH THE CORT COMMUNITY THAT IS CRUCIAL TO THE SUCCESSFUL COMPLETION OF CRIMINAL CASES; AND WHEREAS, DEDICATION TO THE ACCURACY AND EFFICIENT PROCESSING OF POLICE REPORTS, PROPERTY AND EVIDENCE, AND MISCELLANEOUS FIELD SERVICE TASKS WHICH PROVIDE STAFF WITH ASSISTANCE IN THE AREAS OF DATA ENTRY, FILING, AND REPORT RELEASES, ALONG WITH POSITIVE AND ENERGETIC ATTITUDES MAKE FOR A PRODUCTIVE AND PLEASANT WORKPLACE, AS WELL AS SERVING FOR A FORCE MULTIPLIER FOR THE OAKLEY POLICE DEPARTMENT. NOW, THEREFORE IT BE COOL PROCLAIMED THAT I, RANDY POPE, ON BEHALF OF THE OAKLEY CITY COUNCIL, DO HEREBY PROCLAIM NOVEMBER 8, 2022 AS A LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY IN THE CITY OF OAKLAND, AND EXTEND OUR GRATITUDE TO THE OAKLEY POLICE DEPARTMENT RECORD STAFF AND SUPPORT PERSONNEL FOR THEIR DEDICATED SERVICE TO OUR COMMUNITY, THEIR DILIGENCE AND THEIR COMMITMENT TO KEEPING OUR CITY AND CITIZENS SAFE. [APPLAUSE] >> LET'S MAKE NO MISTAKE ABOUT IT, THESE FOLKS ARE MY LIFELINE THESE DAYS. NOW IN ATTENDANCE WE HAVE OUR PROPERTY AND EVIDENCE TECHNICIAN. HE IS THE ONE THAT KEEPS US ALL SAFE LEGAL-WISE WHEN WE TAKE IN ALL OF OUR EVIDENCE. IT IS A BIG DEAL AND A BIG JOB TO MAINTAIN AND KEEP TRACK OF ALL OF OUR EVIDENCE. WE HAVE JENNIFER WHO IS ONE OF OUR FRONT DESK STAFF MEMBERS. WE HAVE NICOLE FLOOD, ONE OF OUR PSA'S. SHE IS RESPONSIBLE FOR TAGGING YOUR NAME ROLLERS VEHICLE WHEN YOU CALL US. SHE IS A GOOD PERSON TO SEE FOR YOUR NEIGHBOR. NEVER YOURS, JUST THE NEIGHBOR. AND WE HAVE YVETTE WHO IS OUR RECORDS SUPERVISOR. A RECENT PROMOTION FOR HER. AND SHE IS RESPONSIBLE FOR KEEPING ALL OF OUR RECORDS SAFE THIS YEAR. I TRULY APPRECIATE ALL OF THESE PEOPLE. IT WOULD NOT BE AS EFFICIENT AS IT COULD BE. SO, THANK YOU. HERE, SOMEONE ELSE HOLD THAT FOR ME. >> THANK YOU. >> I SAW THE CONGRESSMAN WALK IN. IT IS YOUR TURN. YOU ARE NEXT. I WILL MEET YOU UP AT FRONT. >> HOW LONG HAVE YOU HAD THIS BEARD? >> YOU HAVE ANNOUNCED YOUR RETIREMENT? >> MY NAME IS JERRY MCNERNEY. I REPRESENT KING COUNTY, LITTLE BIT OF SACRAMENTO COUNTY. EARLIER THIS YEAR I ANNOUNCED THAT I WAS NOT GOING TO BE RUNNING AGAIN THIS YEAR. SO, THE ELECTIONS HAPPENING TODAY, I AM NOT ON THE BALLOT. I WILL BE REPLACED BY A CONGRESSMAN HERE. AND ANOTHER MEMBER OF CONGRESS IN SOUTHERN KING COUNTY AS WELL. THE SAD THING IS I REALLY LOVED HAVING CONTRA COSTA COUNTY IN MY DISTRICT. THE LAST REDISTRICTING THAT THEY DID AFTER THE 2020 CENSUS, THEY CUT ME OUT OF CONTRA COSTA COUNTY ALTOGETHER. SO, THAT WAS A BIG PART OF WHY I DECIDED NOT TO CONTINUE TO SEE COLLECTION. I HAVE BEEN IN CONGRESS FOR 16 YEARS. OAKLEY AS YOU KNOW IS A WONDERFUL TOWN. MY WIFE AND I COME HERE OFTEN WITH OUR GRANDCHILDREN TO PLAY IN CROCKETT PARK. WE GO TO POLAR BEAR ICE CREAM AND MANY OF THE BUSINESSES AROUND HERE, I ALWAYS FELT VERY WELCOME IN THIS TOWN. VERY WARM. PEOPLE IN THIS TOWN HAVE ALL OF YOUR CELEBRATIONS ON MAIN STREET, WE WERE HERE JUST A FEW WEEKS AGO. IT IS JUST A NICE PLACE FOR A FAMILY. AND, THE CITY OF OAKLEY IS THE ONLY TOWN IN MY DISTRICT IN 16 YEARS THAT GAVE ME A KEY TO THE CITY. [APPLAUSE] I REALLY APPRECIATE THE TOWN OF OAKLEY. IT IS A GREAT PLACE FOR A FAMILY. IT IS A GREAT PLACE FOR A BUSINESS AND I REALLY APPRECIATE HAVING THE OPPORTUNITY AND PLEASURE AND HONOR OF REPRESENTING OAKLEY ALL OF THESE YEARS. >> THANK YOU. >> CONGRESSMAN MCNERNEY IS PROBABLY THE ONE ELECTED THAT WHEN WE HAVE AN EVENT, AN INVITATION , HE IS MORE LIKELY THAN NOT TO SHOW UP IN PERSON. A LOT OF THE OTHER ELECTIVES WILL SEND A REPRESENTATIVE OR SOMEONE FROM THEIR OFFICE. WE ARE MORE LIKELY TO SEE HIM HERE. HE HAS BEEN THE MOST RESPONSIVE OF OUR ELECTIVE REPRESENTATIVES. WHEN WE HAVE PROBLEMS WE NEED TO CALL AND ASK FOR HELP, HE HAS BEEN THE MOST RESPONSIVE. THE COUNCIL WAS UNANIMOUS AND WE WANTED TO RECOGNIZE YOU AND THANK YOU FOR YOUR OUTSTANDING SERVICE TO OAKLEY. WE HAVE A CERTIFICATE OF APPRECIATION. >> GARRY IS MY FIELD REP FROM MY OFFICE. >> YOU GUYS WANT TO BE IN THE PICTURE? COME ON DOWN. >> THANK YOU FOR THIS, APPRECIATE IT. >> CONGRATULATIONS. >> WHAT HE SAID IS TRUE, YOU ARE ALWAYS HERE. >> OKAY, THAT IS EVEN BETTER. ESPECIALLY IF YOU ARE HERE. >> THANK YOU. >> THANK YOU, WE REALLY APPRECIATE IT. >> IS ROGER HERE? OKAY, GREAT. NEXT ITEM UP IS 1.5 WHICH IS A RESTORE THE DELTA UPDATE. MR. ROGER MAMMON. >> MAYOR POPE AND CITY COUNCIL, THANK YOU FOR INVITING ME BACK TO GIVE AN UPDATE FROM RESTORE THE DELTA. I AM ONE OF THE FOUNDING BOARD MEMBERS OF RESTORE THE DELTA 16 YEARS AGO AND I FIRST MET CONGRESSMAN MCNERNEY AT ONE OF OUR FIRST RESTORE THE DELTA BOARD MEETINGS. THE LAST TIME I SAW HIM WAS AT THE SMITH FAMILY FARMS DURING ONE OF THEIR TOMATO FESTIVALS. I WAS ASKED TO PROVIDE AN OVERVIEW ON WHAT IS GOING ON WITH THE DELTA AND HOW THAT AFFECTS OUR COMMUNITY. IT MAY BE HARD TO BELIEVE BUT OVER THE YEARS I HAVE ACTUALLY MET PEOPLE THAT LIVE IN OAKLEY THAT DID NOT KNOW THEY LIVED ON THE SHORES OF THE SAN JOAQUIN RIVER WHICH IS CALIFORNIA'S LARGEST, LONGEST, SECOND-LARGEST RIVER. OUR LOCATION ON THE WEST DELTA MEANS THAT WE ARE VERY NEAR THE BOTTOM END OF THE DRAINAGE FROM NOT ONLY THE SAN JOAQUIN RIVER BUT ALSO FROM THE TRIBUTARIES OF THE MERCED AND OTHER RIVERS. IN 2014 THE NONPROFIT AMERICAN RIVERS DEEMED OUR RIVER AS A MOST ENDANGERED RIVER IN THE UNITED STATES OF AMERICA. THE AMERICAN RIVERS EVERY YEAR NAMES 10 ENDANGERED RIVERS. IN 2014 OURS WAS THE MOST ENDANGERED. THIS WAS DUE TO 70% OF THE RIVER BEING DIVERTED BEFORE IT REACHES OAKLEY. THERE ARE DAMS, LEVEES AND POLLUTION AND LACK OF FLOW THAT AFFECTS THE QUALITY OF THE WATER. THERE ARE CONCERNS ABOUT THE DELTA AND VEINS PROJECT AND WHAT IT WILL MEAN FOR THE DELTA. THE DEPARTMENT OF WATER RESOURCES HAS EXTENDED THE PUBLIC COMMENT PERIOD FOR THE ENVIRONMENTAL IMPACT REPORT UNTIL DECEMBER 16, 2022. RESTORE THE DELTA'S WEBSITE ON THE ACTION ALERT DATED SEPTEMBER 28TH 2022 HAS EIGHT NAVIGATING THE EIR FOR VERBAL COMMUNICATIONS. THE PROJECT IS NOT FULLY FUNDED. IT STILL HAS TO PASS THE ENVIRONMENTAL IMPACT REPORT . IN 2020 THE ESTIMATED COST OF THE PROJECT WAS $16 BILLION AND IT HAS NOT BEEN FUNDED. THEY WILL HAVE TO SELL BONDS TO FUND THE CONSTRUCTION OF THE PROJECT. LAST WEEK THE DELTA INDEPENDENT SCIENCE BOARD REPORTED THAT THEIR REVIEW SO FAR OF THE 20,000 PAGES OF THE ENVIRONMENTAL IMPACT REPORT HAD SO MANY ERRORS AND OMISSIONS THAT THEY DID NOT FEEL THE DEPARTMENT OF WATER RESOURCES WAS BEING TOTALLY HONEST WITH THE PEOPLE. THE BAY DELTA PLAN ENACTED IN 2006 IS SHORT FOR THE STATE WATER RESOURCES CONTROL BOARD IN THAT IT IS SUPPOSED TO TAKE CARE OF THE SAN FRANCISCO BAY SACRAMENTO BAY ESTUARY. THE BAY DELTA PLAN CALLS FOR THE STATE WATER RESOURCES CONTROL BOARD EVERY TWO YEARS TO MONITOR THE QUALITY OF THE WATER IN THE DELTA AND MAKE THE NECESSARY ADJUSTMENTS TO THE FLOWS. THEY HAVE NEVER DONE IT SINCE IT WAS PASSED IN 2006. ADDITIONALLY, THE STATE WATER RESOURCES CONTROL BOARD IS IN CHARGE OF THE DELTA REFORMAT IN 2009. IN THAT WHEN IT WAS DEFINED THAT THERE WOULD BE COEQUAL GOALS PROVIDING THAT MORE RELIABLE WATER SUPPLY AND PROTECTING AND RESTORING AND ENHANCING THE DELTA ECOSYSTEM A STATE POLICY. THE LEGISLATION ALSO SPECIFIED THAT THE EQUAL GOALS SHALL BE ACHIEVED IN A MANNER THAT PROTECTS AND ENHANCES THE DELTA AS AN EVOLVING PLACE AND RELY LESS ON THE DELTA FOR WATER. IT IS UP TO THE STATE WATER RESOURCES CONTROL BOARD TO ENFORCE THIS ACT WHICH IT HAS NOT DONE. THE CONTINUED EXCESSIVE DIVERSION OF WATER FROM THE DELTA HAS LED TO SOLIDITY INTRUSION WHICH AFFECTS THE QUALITY OF THE WATER IN THE DELTA AND COULD INTRUDE INTO THE WELLS USED FOR HUMAN AND AGRICULTURAL USE. THE SITUATION HAS BEEN EXACERBATED BY THE ONGOING DROUGHT. EXCESSIVE DIVERSIONS HAVE CREATED AREAS IN THE DELTA NOW HAVE HARMFUL ALGAE BLOOMS. THE BLOOMS HAVE BEEN FOUND IN BIG BREAK IN OUR OWN COMMUNITY. THE HARMFUL ALGAE BLOOMS CAN BE FATAL TO ANIMALS AND CAUSE ADVERSE REACTIONS TO HUMANS COMING IN CONTACT WITH THEM. THE ALGAE CAN ALSO BECOME AIRBORNE AND INHALED. THE BARRIER ON THE FALSE RIVER CREATED AREAS WHICH HARBORED HARMFUL ALGAE BLOOMS, A DWR BIOLOGIST LAST YEAR REPORTED THAT THE BLOOMS DISAPPEARED AS THE WATERCOOLED AS WINTER APPROACHED HOWEVER, RESTORE THE DELTA SCIENCE COORDINATOR WENT IN THERE AND TESTED THE WATER AND FOUND THAT WAS NOT TRUE. I WAS PERSONALLY CONTACTED BY THE DEPARTMENT OF FISH AND WILDLIFE FOR FEEDBACK ON A RESTORATION PROJECT TO CREATE A DELTA BELL HABITAT. MYSELF, JIM COX AND GEORGE WHITE MET WITH THE DEPARTMENT OF FISH AND WILDLIFE AND BIOLOGISTS FROM UC DAVIS TO DISCUSS THE PORTIONS OF FRANK TRACKS THAT WERE GOING TO BE USED TO CREATE DELTA HABITAT. WE CAME AWAY SKEPTICAL. IT WAS NAMED THE FRANKS TRACK FUTURES PROJECT AND TURNED OUT TO BE ANOTHER WAY OF KEEPING SALINITY AWAY FROM THE EXPORT PUMPS IN THE SOUTH DELTA. MY POINT BEING IS THAT THE DEPARTMENT OF WATER RESOURCES AND THE DEPARTMENT OF FISH AND WILDLIFE CARE MORE ABOUT WHAT HAPPENS SOUTH OF THE DELTA THAN THEY DO ABOUT THE PEOPLE OF THE DELTA. HOWARD DELTA IS THE MOST STUDIED WATERWAY IN THE WORLD DUE TO THE MANY CHALLENGES BROUGHT ON BY INVASIVE PLANTS, ANIMALS AND POLLUTION FROM AGRICULTURAL RUNOFF AND EXCESSIVE WATER EXPORTS. WATER MANAGES HAVE TURNED THE TITLE ESTUARY INTO A LAKE AS THEY MANIPULATE WATER RELEASES TO KEEP FRESH WATER FLOWING SOUTH. THE DAMPENING OF THE TITLE INFLUENCE IN THE DELTA DOES NOT ALLOW IT TO CREATE THE FEW FOOD CHAIN OF LIFE. THE TITLE ACTION STIRS THE BOTTOM AND CREATES PHYTOPLANKTON , THE BUGS GET EATEN BY BIG BUGS, THAT GET EATEN BY FISH AND SO ON. OUR DELTA IS HOME TO MORE THAN 200 SPECIES OF BIRDS, MAMMALS, REPTILES AND AMPHIBIANS AND MORE THAN 20 SPECIES OF FISH. IT IS A MAJOR GROUND FOR MIGRATORY BIRDS IN THE HEART OF THE PACIFIC FLYAWAY. THIS MEANS WE HAVE TOURISM, MARINAS, HOTELS, BUSINESSES SUPPORTED BY OUR WATERWAY. DUE TO POOR WATER QUALITY, OUR FISHERIES ARE DISAPPEARING WHICH COULD MEAN LOSS OF SIGNIFICANT INCOME TO OUR COMMUNITY. A COLD WATER POOL WAS NOT MAINTAINED TO PROTECT SALMON SPAWNING AND 90% OF THE ENDANGERED WINTER RUN SALMON PERISHED DUE TO WARM WATER. SCIENTISTS FOR DECADES HAVE ATTRIBUTED THE COLLAPSE OF THE DELTA DUE TO EXCESSIVE EXPORTS CREATING LACK OF FLOWS THROUGH THE DELTA TO SAN FRANCISCO BAY. THE MOST ABUNDANT FISH WAS THE DELTA SMELT AND IT WAS CONSIDERED THE HARBINGER AND HEALTH OF THE DELTA. ZERO HAVE BEEN FOUND IN THE ANNUAL SEPTEMBER MID WATER CRAWL BY THE DEPARTMENT OF FISH AND WILDLIFE FOR THE LAST SEVEN YEARS. OUR LOCAL COMMUNITIES NEED TO BECOME MORE VOCAL ABOUT THE WATER NEEDED TO PRESERVE OUR HOME. I WAS PROVIDED MAPS TODAY BY BARBARA AT RESTORE THE DELTA AND THEY ARE UP THERE ON THE BOARD. THERE ARE A RANGE OF ESTIMATES ON RISE OVER THE NEXT 100 YEARS. THE MAPS GRADED BY THE DELTA STEWARD COUNCIL SHOWED THE POTENTIAL FOR SERIOUS FLOOD AFFECTS AT DIFFERENT LEVEL OF SEA LEVEL RISE. OVERALL AT RESTORE THE DELTA WE THINK STATE ESTIMATES FOR SEA LEVEL RISE ARE CONSERVATIVE. WE TRACKED THE MELTING ICE WORLDWIDE AND THINK CLIMATE IMPACTS ARE HAPPENING FASTER THAN THE MODELING. THE FLOOD IMPACT FOR OAKLEY IS BASED NOT ONLY ON SEA LEVEL RISE BUT STORM SURGE FROM INFLOW FROM THE BAY ESPECIALLY DURING HIGH WINTER TIDES ALONG WITH INUNDATION DOWN THE SAN JOAQUIN AND SACRAMENTO RIVERS. INUNDATION DOWN THE SAN JOAQUIN RIVER IS BELIEVED TO HAPPEN IN RAIN RATHER THAN SNOW AND IT WILL IMPACT FLOWS INTO THE DELTA . FLOOD THREAT IS A COMBINATION OF SEA LEVEL RISE INCREASE DOWN THE RIVERS AND HIGH TIDES DURING SIGNIFICANT STORMS. MODELING SHOWS THE STORMS WOULD BE LESS FREQUENT BUT MORE EXTREME. IN TERMS OF WATER FALL, THE SALINITY INTRUSION IS A CLIMATE IMPACT AND A SOCIETAL DECISION TO KEEP CALIFORNIA FISHERIES ALIVE WE NEED TO HOLD THE FRESHWATER FLOWS. CAN THOSE FLOWS BE MAINTAINED IN 50-80 YEARS? EVEN IF WE BEGIN MANAGING UNIMPAIRED FLOWS IN THE PRESENT? WE AREN'T SURE. THE WATER QUALITY IS TO CHANGE BECAUSE OF LESS AVAILABLE WATER TO HOLD THE SALINITY BARRIER AND WHAT MUNICIPALITIES SHOULD BE DOING IS PLAYING WITH STATE OFFICIALS FOR A TRANSITION. WHAT DOES IT MEAN FOR THE CITY LOCALLY IF IT IS NO LONGER A FRESHWATER ECONOMY BUT A SALTWATER ECONOMY? HOW DOES THIS IMPACT INFRASTRUCTURE, DRINKING WATER, AGRICULTURE AND CHANGES IN THE FISHERY. OUR RECOMMENDATION IS THAT WE WILL WORK TO PRIORITIZE PROTECTING THE FRESHWATER BARRIER WHILE PLANNING AND PREPARING FOR THE WORST CASE SCENARIOS. WE WORK AND HOPE FOR THE BEST AND PREPARE FOR THE WORST. SLIDES OF POTENTIAL FLOOD SCENARIOS WITH DIFFERENT MODELS ARE ATTACHED. THANK YOU. I WOULD LIKE TO ANSWER ANY QUESTIONS YOU HAVE. THE >> QUESTIONS? >> QUESTIONS FOR ROGER? >> THANK YOU. IT HAS BEEN A WHILE SINCE WE HEARD FROM YOU SO WE APPRECIATE YOU COMING AND GIVING US THE UPDATE. >> THANK YOU FOR INVITING ME IN. I DID BRING A 2018 REPORT FROM RESTORE THE DELTA WHICH IS THE FATE OF THE DELTA. I WILL LEAVE IT WITH LINDSAY HERE IF YOU WOULD LIKE TO GO THROUGH IT. >> THANK YOU. >> NEXT ITEM UP, 2.0. THIS IS AN OPPORTUNITY FOR MEMBERS OF THE AUDIENCE TO SPEAK ON ITEMS NOT ON THE AGENDA. IF YOU WISH TO SPEAK ON AN ITEM THAT IS ON THE AGENDA, WE ASK YOU TO FILL OUT A BLUE CARD WHICH ARE LOCATED OUTSIDE THE DOOR. PLEASE MAKE A NOTE HERE WHERE IT SAYS AGENDA ITEM. LOOK ON THE AGENDA AND SEE WHICH ITEMS YOU ARE WISHING TO SPEAK ON AND PUT THE NUMBER THERE. THEN WE CAN BE SURE TO CALL YOU AT THE APPROPRIATE TIME AND GIVE YOU YOUR OPPORTUNITY. BUT IT CHADWICK? >> GOOD EVENING COUNCIL. I WOULD LIKE TO THANK ROGER FOR COMING UP HERE AND EXPLAINING THINGS QUITE WELL. IT HAS BEEN A CONCERN. I AM ALSO A MEMBER OF THE CALIFORNIA STRIPED BASS ASSOCIATION. I HAVE SEEN A LOT OF THESE THINGS PERSONALLY. ROGER AND I HAVE SEEN A LOT OF CHANGES IN THE DELTA. WE HAVE SEEN A LOT OF UGLINESS AND IT IS GETTING UGLIER. IT IS PRETTY SAD TO SEE THINGS THIS WAY. I HAVE FRIENDS THAT LIVE DOWN THERE. IT IS NOT EVEN A CONCERN. LIKE THE STORM WE JUST HAD, WE GOT ENOUGH WATER FOR THE REST OF THE ACCORDING TO THEM. SO THINK ABOUT THAT. THINK ABOUT HOW IT NEEDS TO BE MAYBE A LITTLE BIGGER FIGHT. PUT THE GLOVES ON AND SAY WAIT A MINUTE, YOU WANT TO BUILD ALL OF THESE HOUSES HERE? WHERE ARE YOU GETTING WATER FOR THAT? I MONITOR FOR EAST BAY REGIONAL. BETWEEN THE POACHING I HAVE SEEN THERE, I HAD A THREAT ON MY LIFE EVEN FROM POACHERS. AND THEN TO SEE THIS WATER QUALITY THING HAPPENED , IT IS PRETTY DISHEARTENING. MAKES ME WONDER WHAT WE WILL HAVE HERE OR IF IT IS JUST GOING TO BE BUILDING MORE MCDONALD'S . IT JUST BLOWS ME AWAY THAT WE HAVE SOMETHING SO PRECIOUS HERE AND IT GETS A LOT OF DISREGARD AND NO IMPORTANCE. THAT I SEE ANYWAYS. I WORKED IN FISHING SINCE I WAS 18 YEARS OF AGE. I DID SOME DELTA SMELT STUDIES AND KING SALMON STUDIES WITH ANSON ENVIRONMENTAL ON THE RIVER. SO I FULLY UNDERSTAND THINGS. AND ACOUSTIC WAVE STUDIES AND EVERYTHING ELSE . TRY TO GET THE FISH TO MOVE OUT. THE MAIN THING IS SLOW, WATERY QUALITY. QUALITY OF LIFE FOR US AND THE ANIMALS. I FEEL THAT ROGER PRETTY MUCH LAID OUT EVERYTHING THAT NEEDED TO BE SAID. I WOULD REALLY LIKE TO SEE A LITTLE MORE FIRE. IT JUST SEEMS LIKE WE ARE GETTING VERY COMPLACENT ESPECIALLY WHEN I GO DOWN SOUTH. AND I HEAR PEOPLE SAY WHAT IS A DELTA? THAT KIND OF THING. THAT IS WHAT YOU ARE DEALING WITH. IF IT IS IMPORTANT, WE NEED TO DO IT. I THINK IT IS IMPORTANT. >> THANK YOU. >> DONNA CHADWICK? >> GOOD EVENING MAYOR POPE AND CITY COUNCIL. I AM DONNA CHADWICK. I BECAME INVOLVED IN LOCAL CITY COUNCIL MEETINGS BACK IN MARCH 2020. WE GOT INVOLVED BECAUSE WE WERE OPPOSED TO THE DEVELOPMENT OF LAUREL PLAZA. LAST WEEK MAYOR POPE YOU THANKED A RESIDENT FOR MAKING SUGGESTIONS SO I'M HERE TO REITERATE THAT WE SUPPORT THE DEVELOPMENT OF LAUREL PLAZA AND WE DO HAVE SUGGESTIONS AND I JUST WANT TO REITERATE THOSE. PETE'S COFFEE PERHAPS. A BAGEL CAFE. A SMALL SANDWICH SHOP. A SMALL TALK KOREA, ANY SMALL STORE, GROCERY STORE , ANY KIND OF A RETAIL STORE. WE WOULDN'T MIND A YOGURT OR ICE CREAM SHOP THERE. HAIR SALON OR A NAIL SALON. BUT WE ARE STILL OPPOSED TO THE DRIVE THROUGH MCDONALD'S. WE DON'T WANT TO SEE THAT CARWASH THERE. THAT DOESN'T HELP OUR CITY TO BECOME A DESTINATION CITY. AND OUR VISION STATEMENT, WE PARTICIPATED IN THE PLANNING ALSO. WE WERE AT ALL THOSE MEETINGS. AND THE VISION STATEMENT TALKS ABOUT GIVING A SMALL TOWN FEEL. THOSE BIG BUSINESSES DO NOT CREATE A SMALL TOWN FEEL. SO I JUST FELT LIKE I NEEDED TO COME UP TODAY, OR THIS EVENING AND JUST REITERATE THAT WE HAVE MADE SUGGESTIONS. WE WANT TO SEE LAUREL PLAZA DEVELOPED BUT WE DON'T WANT THE BIG BUSINESSES COMING IN. THANK YOU FOR YOUR TIME. WE APPRECIATE EVERYTHING THAT EACH ONE OF YOU DO. >> THANK YOU. >> THAT IS THE LAST PUBLIC COMMENT. WE MOVE ON TO THE CONSENT CALENDAR. ANY ITEMS TO BE PULLED? >> 3.4 AND 3.5. >> 3.7. >> MOVE THE REMAINDER. >> SECOND. >> WE HAVE A FIRST AND A SECOND. ALL IN FAVOR? >> AYE. UNANIMOUS. 3.4, MISS WILLIAMS? >> I PULL THAT BECAUSE IT IS ANOTHER R&R PROJECT. I JUST WANTED TO GET SOME CLARIFICATION ON WHAT THE CITY IS DOING FOR OVERSIGHT FOR THESE PROJECTS. I KNOW THERE WAS SOME DISCUSSION ABOUT ADDITIONAL OVERSIGHT THAT WILL BE HAPPENING WITH THESE LARGE CONSTRUCTION PROJECTS I WAS HOPING YOU COULD SHARE THAT WITH THE LARGER PUBLIC. >> THE REPORT THIS EVENING FOR THE CONSTRUCTION OF PROJECT 205, WE ARE PLEASED TO PRESENT THIS REPORT. WE ARE LOOKING FORWARD TO THE CONSTRUCTION NEXT YEAR. AS FAR AS THE OVERSIGHT COMPONENT FOR OUR PROJECTS THAT ARE FEDERALLY GRANT FUNDED, THERE IS ANOTHER SET OF REQUIREMENTS FOR WAGE AND CERTIFIED PAYROLL BUT WE HAVE TO HAVE AN OFF-SITE THIRD-PARTY REVIEW TO VERIFY ALL OF THOSE REPORTS. TALK TO ALL OF THE EMPLOYEES AND MAKE SURE THE PAYMENTS AND EVERYTHING ARE ACCORDING TO THE LAW. WE HAVE PREPARED A LOT OF REPORTS THAT WERE SUBMITTED AS PART OF OUR GRANT REIMBURSEMENT FOR FEDERAL AGENCIES. WE DON'T NECESSARILY NEED TO DO IT FOR THE PROJECT BECAUSE IT IS A CITY FUNDED PROJECT. BUT WE KNOW THE COUNCIL WANTED MORE ASSURANCES. WE ARE BRINGING OUR CONSULTANT ON BOARD FOR THIS PROJECT AND ALSO FOR THE EAST CYPRUS WIDENING PROJECT. STAFF CAN REVIEW ALL THE DOCUMENTATION. AND ALSO HAVE A THIRD PARTY ESSENTIALLY PEER REVIEW AND PROOF IT. AGAIN, THIS IS FULLY TRANSPARENT, ALL PUBLIC DOCUMENTS. ANYBODY AT ANY TIME CAN COME IN AND VERIFY. THAT IS OUR APPROACH. >> THANK YOU. >> MR. FULLER? >> I HAD CONCERNS FOR THE PROJECT ONGOING FOR THE PAST TWO YEARS. I QUESTION ITS USE. I CONTINUE TO QUESTION ITS USE. HOW IT IS GOING TO AVAIL AND HELP THE COMMUNITY . WE KEEP SAYING WE ARE GOING TO ENHANCE TRAVELING AND ENHANCE COMMUTING WITH IT AND WE WILL HAVE A GREAT GATEWAY. BUT THE BOTTOM LINE IS I SAW A TWEET THIS AFTERNOON AND HAVEN'T VERIFIED IT AT ALL. BUT THE TWEET THAT ANTIOCH IS SHUTTING DOWN BECAUSE OF STAFF AND RIDERSHIP FROM 6:30 A.M. TO 9 AM ON A REGULAR BASIS. THEY WILL NOT OPERATE. IF YOU WANT TO GET A RIDE YOU NEED TO GET ON A BUS. IF YOU WANT TO RIDE PARTS, YOU HAVE TO DRIVE TO PITTSBURGH, FIND A PARKING SPACE, PAY FOR IT, GET ON BART, GO ALL THE WAY OUT THERE, COME BACK, GET OFF AND DRIVE BACK IN RUSH HOUR TRAFFIC AND THEN COME HOME FROM PITTSBURGH. THERE WILL BE NO MORE E TRAIN AS THEY ARE SAYING AS AN INDICATION THAT PEOPLE JUST AREN'T GETTING IT THERE. WHAT IS HAPPENING IS OKAY, WE HAD DELTA TRANSIT AND WE ARE GOING TO GO OVER THERE AND START USING THE PARKING LOT. BUT THE TROUBLE IS IS THAT BECOMES HIGHLY OPPRESSIVE AND MARGINALIZES PEOPLE THAT ARE ALREADY MARGINALIZED. THE PEOPLE THAT REALLY ARE GOING TO BE FORCED ON BUSES AND RIDE TO PITTSBURGH ARE GOING TO BE MARGINALIZED PEOPLE WITH SOCIOECONOMIC DIFFICULTIES. BECAUSE THEY CAN'T AFFORD TO DRIVE OUT TO PITTSBURGH AND CAN'T AFFORD TO PARK THE CAR. NOW WE ARE GOING TO SAY WE ARE GOING TO GET A GATEWAY IN THERE. BUT YET, WE CAN'T GET THE RIDERSHIP FROM ANTIOCH INTO PITTSBURGH TO KEEP IT OPERATIONAL AND YET WE ARE GOING TO SPEND $4.8 BILLION FOR A GATEWAY ON TOP OF THE $4 MILLION PROJECT THAT IS ALREADY UNDERWAY TO BUILD A PARKING LOT? SO FOR $8.8 MILLION WE ARE GOING ON A PROJECT FROM 2010, 12 YEARS AGO TO BUILD A PLAZA AND I AM NOT BUYING INTO HOW MUCH IT IS GOING TO GO. AND AS COUNCILMEMBER WILLIAMS BROUGHT UP, HERE WE ARE WITH R&R AGAIN. FIRST TIME I CAME ACROSS R&R CONSTRUCTION I SAID I BET YOU WE HEAR ABOUT THIS WAS WHEN I WENT BACK AND DUG THROUGH THOSE DOCUMENTS BEFORE THE 2020 ELECTION ON DOWNTOWN AND FOUND R&R HAD MULTIPLE CONTRACTS AND NOW HERE WE ARE AGAIN ON ANOTHER MEETING WITH R& R OVER BIDDING AND I'M GETTING UNCOMFORTABLE JUST APPROVING THINGS FOR R&R CONSTRUCTION UNTIL WE WORK OUT THIS BIDDING PROCESS THAT WE KEEP JUMPING AROUND ON. THAT BOTHERS ME. I HEARD IT FROM ONE OF THE CANDIDATES, IF WE BUILD IT WE CAN EDUCATE PEOPLE TO USE IT. I AM TO THE POINT AND I HAVE BEEN TO THE POINT THAT WE NEED TO LISTEN TO WHAT THE PEOPLE HAVE TO SAY TO US. I LISTENED TO BRIAN MONTGOMERY. THEY LISTENED WHEN HE WAS HERE AND SAY YOU DON'T NEED TO WORRY ABOUT THE PEOPLE BECAUSE THEY DON'T CARE. WE ARE THE REPRESENTATIVES AND WE KNOW. WE ARE BUILDING ON THIS BECAUSE WE KNOW. IF IT DOESN'T WORK WHAT WE WILL DO IS WE WILL EDUCATE THEM AND FORCE THEM. I WOULD RATHER GET FEEDBACK AND TAKE A LOOK AT WHAT IS BEING USED NOW AND NOT BEING USED NOW. 8.8 MILLION DOLLARS WOULD BE A GOOD DOWN PAYMENT TO START THE LIBRARY PROJECT. WHAT I AM AFRAID OF IS OKAY, WE HAVE $8.8 MILLION FOR PARKING LOT AND A GATEWAY AND WE ARE TRYING TO GET A LIBRARY BUILT SO I'M JUST DREADING THE DAY THAT THEY COME IN HERE AND SAY WE DIDN'T PASS A VOTE FOR A TAX INCREASE WHICH WE WOULD POINT OUT WE HAD $8.8 MILLION AND IT IS ALL OVER THERE AND I'M NOT GOING TO PUT IT INTO A LIBRARY. YOU HAD $8.8 MILLION RIGHT HERE RIGHT NOW TO DO IT. SO, WITH THAT I KNOW I AM MAKING YOU UNCOMFORTABLE. I UNDERSTAND YOU ARE VERY MUCH A PROFESSIONAL AND YOU DO A GREAT JOB. I TALKED WITH YOU ABOUT IT AND WE HAVE A DIFFERENCE OF OPINION AND I APPRECIATE ALL YOU DO. AS A STAFF MEMBER YOU ARE STANDING TALL. AS A COUNCILMEMBER I HAVE A DIFFERENT PERSPECTIVE. SO THANK YOU. >> IF THERE IS NO OTHER DELIBERATION I MOVE FOR MOTION. >> I HAVE SOME COMMENTS FOR CLARITY. COUNCILMEMBER FULLER I APPRECIATE YOUR COMMENTS. WE UNDERSTAND YOUR PERSPECTIVE AND ULTIMATELY WE FOLLOW THE GUIDELINES OF THE COUNCIL. A COUPLE OF THINGS FOR CLARITY AND CLARIFICATION, FIRST ON R& R I SAID PREVIOUSLY , WHEN WE BID PROJECTS THERE IS A SPECIFIC PROTOCOL WE FOLLOW. CONTRACTORS BID. THEY BID ON MANY PROJECTS. THEY DON'T JUST WAIT FOR THE CITY OF OAKLEY TO HAVE A PROJECT . CONTRACTORS BID ON A DAILY BASIS FOR AN ASSORTMENT OF PROJECTS. THEY GET SOME, THEY DON'T GET SOME. FOR THIS PROJECT 2205, WE GOT EXTREMELY COMPETITIVE BIDS. WE HAD A BIT OPEN RIGHT HERE AT THE PODIUM A FEW WEEKS AGO. I WAS PLEASANTLY SURPRISED THAT OUR BIDS ARE VERY CLOSE TO EACH OTHER. WE RECEIVED SEVEN BIDS. THE ACTUAL LOW BIDDER WAS MAGUIRE AND HESTER 44.8 MILLION WHICH IS IN THE STAFF REPORT. ONCE I DID THE SUMMARY OF THE REPORTS, SOMETHING DIDN'T LOOK RIGHT. I LOOKED AT IT CLOSER. THEIR LANDSCAPING AND IRRIGATION PROJECT WHICH WAS SEVERAL HUNDRED THOUSAND DOLLARS , I PUT 60. I CALLED THEM UP AND SAID GO TO THE LOW BIDDER. I HAVE NO PROBLEMS AWARDING THE CONTRACT BUT I THINK YOU GUYS MADE A MISTAKE. YOU WANT TO DO THIS FOR $60. THEY CALLED BACK IN 10 MINUTES. WE MADE A MISTAKE AND WE WITHDRAW OUR BIDS. THAT IS JUST THE NATURE OF CONTRACTING. R&R HAS BID ON MANY PROJECTS. TWO YEARS AGO THE LAUREL ROAD WIDENING AND RESURFACING SECTION , THEY BID PRETTY MUCH WITH ALL THE SAME CONTRACTORS. THEY LOST THAT JOB WHICH I REMEMBER WAS LIKE 10,000. SO THEY WENT SOME, THEY LOSE SOME AND THAT IS THE NATURE OF THE BUSINESS. WE HAVE NO FAVOR TO FAVORITISM. THEY ARE OPENED IN A SEALED ENVELOPE IN THE CHAMBER. WE OPEN IT AND TABULATED. BECAUSE OF THE SENSITIVITY THAT WAS BROUGHT UP, I MYSELF DID IT THREE TIMES. WE WANT TO LEAVE NOTHING TO CHANCE. THE RESULT IS WHAT THEY ARE. THAT IS THE REPORT WE BRING TO YOU. FOR COUNCILMEMBER WILLIAMS, WE ARE ADDING ABOVE AND BEYOND. BEING A THIRD PARTY YOU HAVE TO PAY EXTRA TO BRING MORE ASSURANCES TO FOLKS. SO FROM A PURELY CONTRACTING, BIDDING PROCESS THIS IS ONE OF OUR MOST SUCCESSFUL BIDS. THE BIG PICTURE, THE POLICY MAY BE PHILOSOPHICAL , THIS PROJECT FOR CLARITY, WE ARE NOT JUST BUILDING A WORKING LETTER GATEWAY PLAZA. A PART OF THIS PROJECT IS ALMOST A QUARTER MILE A BRAND-NEW ROADWAY THAT CONNECTS SECOND STREET THAT GOES ESSENTIALLY PARALLEL TO THE ROADWAY. O'HARA WILL GET EXTENDED. THERE WILL BE SIGNAL IMPROVEMENTS AT THE INTERSECTION. YES THERE IS THE GATEWAY PLAZA. WE ARE DOING UNDERGROUND UTILITIES UNDER THE ROADWAY AND YES THERE IS A PARKING LOT WHICH IS ALL PART OF THE PROJECT THAT WILL PROVIDE OVER 300 NEW PARKING SPACES IN DOWNTOWN . IT DEPENDS ON EVERYBODY'S PERSPECTIVE SO SOME MAY SAY THIS GOOD AND SOME MAY SAY IT IS BAD. FROM OUR EXPERIENCES FOR EVENTS, WE NEED MORE PARKING IN DOWNTOWN. IF WE WANT DOWNTOWN TO GROW AND BLOSSOM, THERE IS NO PARKING ON MAIN STREET FOR WHAT WE ANTICIPATE. THIS PROJECT HAS BEEN IN THE PLANNING AND DEVELOPMENT STAGES FOR OVER A DECADE AS COUNCILMEMBER FULLER MENTIONED. SO, THAT IS JUST SOME TIDBITS. >> THE ADDED LEVEL OF REVIEW YOU MENTIONED , IS THAT ADDING TO THE EXPENSE? >> THAT IS ABOUT $15,000. >> ALL RIGHT, ANY OTHER DELIBERATIONS? >> I WILL MOVE. 3.4. >> I WILL SECOND. >> ALREADY, FIRST AND SECOND? ALL IN FAVOR? >> AYE. OPPOSE? >> NO. >> FOR OUR FOUR AND ONE IS AGAINST. >> 3.5? >> SUPER EXCITED TO SEE THIS PROJECT ON HERE BUT I DO HAVE SOME CONCERNS. WHEN READING THE STAFF REPORT. THE 55 ACRES WE TALKED ABOUT HIM THAT WILL BE A GREAT ASSET FOR OUR COMMUNITY POTENTIALLY. WE HAVE ALREADY SPENT A GOOD AMOUNT OF MONEY ON IT. I THINK THE STAFF REPORT SAID $540,000 HAS BEEN SPENT THROUGH THE YEARS ON THIS PROJECT. AND THIS IS ANOTHER 75 I BELIEVE . SO, MY CONCERN AND THE REASON I PULLED IT IS I WANT TO MAKE SURE THAT THIS IS IT. WE ARE GOING TO COME UP WITH A PLAN AND THE PAN WILL BE EXECUTED AND IT IS NOT CHANGING. AT THIS POINT WE ARE SPENDING A LOT OF MONEY ON IT AND WE STILL DON'T HAVE ANYTHING AND WE ARE NOT REAPING ANY REWARDS FROM IT. I CAN SEE GREAT ECONOMIC BENEFIT IF WE PLAN THIS DIRECTLY. WHAT I WANT TO GET FROM THIS DISCUSSION IS SOME ASSURANCE THAT WE ARE ACTUALLY GOING TO COMPLETE THIS PROCESS. I KNOW WE NEED THIS TO GO FOR GRANTS AND I JUST WANT US AS A GROUP TO SAY THE ELECTION IS CHANGING THINGS TONIGHT. WE WILL HAVE A DIFFERENT COUNCIL HERE SO I DON'T WANT THIS TO PUSH AGAIN AND AGAIN AND AGAIN. WE KEEP SPENDING MONEY FOR NO COMPLETION OF IT. THAT IS WHY I PULLED IT AND WHY I WANTED A DISCUSSION ON IT. >> COUNCILMEMBER WILLIAMS, ABSOLUTELY THAT IS OUR GOAL. WE STARTED MASTER PLANNING AS A WRITTEN STAFF REPORT SEVEN YEARS AGO. A LOT HAS CHANGED. COMMUNITY AND COUNCIL HAVE CHANGED. NEW PERSPECTIVES. THAT IS WHY THE NEW COUNCIL THAT WILL BE IN PLACE NEXT MONTH, WE THOUGHT IT WAS A REALLY GOOD OPPORTUNITY TO RENEW THAT SITE. IT IS VERY IMPORTANT FOR US TO FINALIZE THE PLAN AND WE WILL FINALIZE IT, REST ASSURED AND WE WILL BRING IT BACK TO YOU. WE ARE PUTTING A LOT OF EMPHASIS ON PUBLIC OUTREACH, REACHING OUT TO EVERYBODY. WE ARE GOING TO HAVE WORKSHOPS FROM ALL THE STAKEHOLDERS. A WIDE RANGE OF PERSPECTIVE FROM FOLKS WHO WANT TO RIDE BIKES AND HORSES. WE ARE GOING TO COLLABORATE AND COME UP WITH THE MASTER PLAN. WE WILL BRING IT TO YOU. ONCE IT IS APPROVED, WE WILL SAY THIS IS APPROVED IN 2023. WE ARE NOT GOING TO CHANGE THIS THING. AND I TRULY MEAN WE WANT TO GET YOUR INPUT. ALL COUNCIL MEMBERS INPUT. SO WE HEAR FROM EVERYBODY BECAUSE THE MASTER PLANS TAKE A LOT OF TIME AND EFFORT AND IT IS NOT AS EASY A YEAR FROM NOW. WELL MAYBE I SHOULD HAVE DONE THIS. WE WILL REACH OUT AND ASSURE ALL PERSPECTIVES ARE TAKEN INTO ACCOUNT AND BRING YOU A FINAL PLAN FOR YOUR APPROVAL. AS FAR AS THE COST OF THE PROJECT, THE 500 SOME ODD THOUSAND MENTIONED, THAT SITE USED TO BE THAT OLD FACILITY AND WE SPENT MAYBE FOUR YEARS OR SO AGO, ALMOST 400,000 TO DEMOLISH AND REMOVE ALL OF THE FAILED AND DETERIORATING STRUCTURES AND THAT WAS A SAFETY CONCERN, THERE WERE BARNS AND SILOS THAT WERE DANGEROUS TO GO THERE. SO A BIG CHUNK OF WHAT HAS BEEN SPENT WAS TO CLEAR THE SITE AND MAKE IT SOMEWHAT SAFE IF YOU WILL UNTIL WE SECURE FUNDING. AND WE WILL HAVE OUR NEW GRANT WRITING CONSULTANT AND TALK ABOUT THE PRIORITIES TO GET THIS PROJECT FUNDED. AND MOST LIKELY IT WILL BE DONE IN PHASES . ONCE WE GO THROUGH THE REVIEW PROCESS WE CAN PRIORITIZE WHAT ARE THE PREFERENCES AND THEIR FEELINGS. WE WILL STRUCTURE IT THAT WAY. WE WILL PURSUE FUNDING FOR SPECIFIC SECTIONS. >> ONE MORE THING. MAYBE I MISSED IT, DO WE HAVE A TIMELINE FOR WHEN THEY ARE GOING TO WORK WITH THE WORKSHOPS AND STUFF LIKE THAT? >> I TALKED TO THE CONSULTANT AND I SAID THE GUIDING WAS ON TONIGHT'S AGENDA TO BE APPROVED BY THE COUNCIL. WE WILL START THAT PROCESS EARLY NEXT YEAR NO LATER THAN FEBRUARY. WE WILL WORK OUT THE SCHEDULE AND WE CAN SHARE THAT SCHEDULE WITH THE COUNCIL BECAUSE WE HAVE TO PUBLICIZE ALL OF OUR PUBLIC MEETINGS. I WOULD SAY IT'LL PROBABLY BE THE ONE THAT WILL HAVE THE MOST PUBLIC OUTREACH AND ENGAGEMENT THROUGH ALL FORMS OF MEDIA AND WE WILL SHARE THE SCHEDULE. >> MR. FULLER? >> YES. ON THIS ONE, I AM QUESTIONING THE VALUE OF THE PARK. THE REASON I'M QUESTIONING THE VALUE OF THE PARK IS WE HAVE A LARGE, VERY WELL DESIGNATED REGIONAL PARK IN THE BAY AREA REGIONAL PARKS RIGHT OVER HERE AT BIG BREAK. SO, THEY PAY TO MAINTAIN IT. WE OFFER SOME MAINTENANCE BUT THEY MAINTAIN IT. THEY KEEP IT TOGETHER, THEY STAFF IT. THEY PUT ALL OF THE MONEY INTO IT. SO, AND WE GET TO USE IT AS A REGIONAL PARK AS WELL AS MANY OTHER PEOPLE. AND YET, WITHIN TWO MILES, I THINK WITHIN TWO MILES WE ARE DISCUSSING BUILDING YET ANOTHER REGIONAL PARK AND I AM SITTING HERE SAYING WHY ARE WE DOING THIS? YES, I DISCUSSED WITH THE CITY MANAGER THAT WE RECEIVED IT SOMEWHAT UNDER COVENANT THAT IT WOULD GO TO A REGIONAL PARK AND THAT WAS BACK IN THE DAY, 2016 BACK IN THE DAY. BUT NOW LOOKING POST-PANDEMIC IN A TOWN THAT THE CITY HAS TAKEN VERY JUDICIOUS STEPS TO KEEP MULTIPLE PARKS OPEN WITHIN THE CITY WITHIN DISTANCE THAT ARE REGULARLY USED BY THE RECREATION DEPARTMENT. WE HAVE A LARGE REGIONAL PARK OF WHICH WE HAVE REPRESENTATIONS SITTING ON THE BOARD ON THE BAY REGIONAL PARK EAST BAY REGIONAL PARK BOARD. WE HAVE REPRESENTATION THERE . WHY ARE WE GOING TO ENCUMBER OURSELVES DEVELOPING YET ANOTHER PARK AND PAYING FOR IT? IN LOOKING AT THIS PIECE OF LAND , I HEARD WE RECEIVED IT WITH A COVENANT THAT WE COULDN'T BUILD HOUSES NORTH OF THE MARSH. MY QUESTION IS NUMBER 1, HOW STRICT IS THAT COVENANT? COULD WE BUILD HOUSES? NUMBER 2, WHEN I HEARD THIS COME ABOUT WHEN I FIRST STARTED HEARING ABOUT THE REGIONAL PARK, THERE WERE PEOPLE ON THE CITY COUNCIL AND I COULD DIG FAR ENOUGH THAT THEY LIKED THE IDEA BECAUSE THAT WILL REDUCE THE NUMBER OF HOUSES IN OAKLEY AND INCREASE THE VALUE OF PEOPLE THAT OWN HOUSES ALREADY IN OAKLEY. WHEN I ACCIDENTALLY DROVE OUT ON THE LETTY THAT WAS BREACHED BECAUSE THE GATE WAS OPEN AND I WENT OUT THERE TO LOOK, I LOOKED DOWN AND THERE ARE MULTIPLE HOUSING PADS ALREADY TO BE BUILT ON THAT WE DESTROYED. WE PUT THEM UNDERWATER. AND NOW, WE ARE PUSHED FOR HOUSING. SO ARE WE MAKING THE WISEST DECISION TO GO AHEAD AND PUT TOGETHER A REGIONAL PARK, YET ANOTHER REGIONAL PARK FOR MANY REASONS. I UNDERSTAND THERE ARE BASEBALL FIELDS AND SOCCER FIELDS BUT WE HAVE THOSE NOW AND WE DO VERY WELL WITH THEM. SO, MY THOUGHT IS WE NEED TO EXAMINE THIS. HOW STRICT IS THE COVENANT? WHAT WOULD HAPPEN IF WE DID TURN THAT INTO SAY A RETIREMENT VILLA FOR PEOPLE TO RESIDE IN WHEN THEY RETIRE THAT WOULD BE AFFORDABLE FOR THEM AND HAVE ACCESS TO THE CITY. HOW WOULD THAT COME ABOUT? WOULD THE DEVELOPER SAY WE COULDN'T HAVE THE LAND, BUT COULD A DEVELOPER PURCHASED THE LAND FOR THAT PURPOSE? OR IS THERE ANOTHER USE? THE INDIGENOUS TRIBES HERE, SOME TRIBES ARE STILL AROUND. CAN WE HELP THEM CONVERT PART OF THAT TO USE IT FOR THEIR TRIBAL LANDS? RECLAIM SOME OF THEIR TRIBAL LANDS? IT IS A BEAUTIFUL PIECE OF LAND. ALL OF THESE FACTORS COME IN. YOU HAVE PUT THIS TOGETHER AND YOU HAVE DONE VERY WELL. YOU WERE FOLLOWING THE COUNCIL'S DIRECTION ON THAT. BUT I WOULD LIKE TO HAVE A WORK SESSION AND DISCUSS WHAT OUR ALTERNATIVES ARE WITH THAT PIECE OF LAND BEFORE WE GO AHEAD AND APPROVE 3.5. THAT WOULD GIVE THE NEW COUNCIL MEMBERS AS WELL AS THE ONES REMAINING A CHANCE TO CHIME IN. IT WOULD GIVE THE PUBLIC A CHANCE TO CHIME IN. STAFF WILL BE ABLE TO LOOK AT ALL THE ALTERNATIVES. WHAT THE COVENANT MEANS, HOW STRICT IS THE COVENANT THAT WE CAN'T BUILD HOUSING NORTH OF THE MARSH AND WHAT DOES THAT MEAN IN TERMS OF CONSTRUCTION OUT THERE. WHAT WOULD IT MEAN IF WE SAID WE DIDN'T USE IT AS A REGIONAL PARK. WE MAY HAVE TO PAY FOR IT, BUT CAN WE CONVERT IT? WE PAY FOR AND SELL IT TO A DEVELOPER, I DON'T KNOW. THAT IS WHY I'M GLAD WE HAVE CITY STAFF. BUT I WOULD LIKE TO BE ABLE TO DO THAT. I DON'T KNOW WHAT CITY STAFF'S RESPONSES TO THAT. >> I WILL TAKE THAT ONE. IT IS KIND OF TIMELY BECAUSE WE HAVE THE STRATEGIC PLAN UPDATE ON THE CITY COUNCIL AGENDA TONIGHT AND THIS PROJECT IS LISTED AS ONE OF THE STRATEGIC PLAN PROJECTS. WE ARE STILL FOLLOWING COUNCIL DIRECTION AND THE PLAN WAS JUST APPROVED EARLIER THIS YEAR. I THINK YOU ARE ASKING A LOT OF QUESTIONS WE DON'T HAVE ANSWERS FOR. WE ARE HAPPY TO RESEARCH THAT AND PROVIDE THE ANSWER TO THOSE QUESTIONS TO YOU AND COUNCIL. IN TERMS OF THE DECISION THE COUNCIL HAS TONIGHT , REALLY WE ARE AT THE DISCRETION OF COUNCIL AND WHAT YOUR PLEASURE IS. YOU HAVE THE OPTION TO APPROVE IT. YOU HAVE THE OPTION TO WAIT AND HOLD A WORK SESSION EARLY NEXT YEAR TO ANSWER SOME OF THESE QUESTIONS. IT REALLY IS AT YOUR PLEASURE. SO, WE WILL WAIT FOR THAT FEEDBACK. >> I DON'T MIND WAITING ON THIS PROJECT. WE HAVE BEEN WAITING A LONG TIME. THAT IS WHERE I WANT MY POLO FIELDS, MY EQUESTRIAN PARK. THINGS THAT DON'T HAVE SOCCER AND BASEBALL IN THEM BUT THEY COULD USE IT ALSO. SO, THAT IS WHAT THIS PARK IS ABOUT. IT IS MORE USES THAT WE DON'T HAVE IN OTHER AREAS. AND ALSO, YOU HAVE THAT BIG HOME THERE THAT WE THOUGHT COULD BE A WEDDING VENUE OR COMMUNITY BUILDING LIKE OUR OAKLEY REC BUILDING BUT IN A DIFFERENT SETTING. AND IT HAS A LOT TO OFFER OUT THERE AS FAR AS THE NATURE YOU SEE AT EAST BAY PARKS BUT IN A DIFFERENT WAY THAT WE COULD CULTIVATE IT AND IF COUNCIL WANTS TO WAIT UNTIL LATER, THAT IS OKAY WITH ME. BUT, THIS COMPANY IS JUST TO DO LIKE WHEN WE DID THE OTHER STRATEGIC PLANNING'S AND LIKE WHEN WE TALKED ABOUT SAFE NEIGHBORHOODS AND STUFF AND THEY JUST DRAW OUT DIFFERENT THINGS AND THE PUBLIC COMES TOGETHER AND DECIDES WHAT THEY WOULD LIKE TO MAKE THE PARK INTO AND I THINK THIS IS WHAT THEY ARE TALKING ABOUT IN THEIR PROPOSAL IS HOW TO BRING IN THE PUBLIC AND HAVE THOSE WORKSHOPS AND LET THE PUBLIC DECIDE WHAT THIS PARK COULD BE AND THAT IS WHAT THIS PROPOSAL IS ABOUT. SO IF YOU WANT TO WAIT, WE CAN WAIT BUT I REALLY THINK IT IS A GREAT IDEA. >> A COUPLE OF CLARIFICATIONS. THIS PARK, SINCE SIX OR SEVEN YEARS AGO, WE WERE ALWAYS WONDERING WHAT TO CALL THIS. DIFFERENT PEOPLE CALLED IT DIFFERENT THINGS. WE CALLED IT OAKLEY REGIONAL PARK. I'M SURE WE CAN FIND A COOLER NAME FOR IT. THE EAST BAY REGIONAL PARK I THINK IS JUST SEMANTICS. WHEN YOU LOOK AT THESE TWO CAMPUSES, THE CURRENT BIG BREAK PARK OFF BIG BREAK ROAD VERSUS THIS ONE , WE ARE NOT COMPARING APPLES TO APPLES. YES, IT IS CALLED EAST BAY BIG BREAK REGIONAL PARK. IN TERMS OF THE FEATURES, IT HAS WATERFRONT ENTRAILS. BUT IN TERMS OF RECREATION, I THINK THE GENERAL PUBLIC IS VERY LIMITED. LAST TIME I WAS THERE IF MEMORY SERVES ME RIGHT THERE WERE A COUPLE OF SWINGS AND A SANDBOX FOR KIDS. THERE REALLY ISN'T A FULL FEATURE. NOT TO SAY IT IS GOOD OR BAD, WE ALL AGREE IT IS A BEAUTIFUL SITE. THIS PARK OR WHATEVER WE WANT TO CALL IT, YET TO BE DETERMINED AS COUNCILMEMBER HIGGINS AND MAYOR POPE YOU WERE INVOLVED IN PREVIOUS DISCUSSION ON THIS IS A FEATURE PACKED PARK. IT HAS A LOT OF COMPONENTS. AS MUCH IS ON A DAILY BASIS OUR DEPARTMENT IS ASKED BY LEAGUES AND OTHERS FOR FIELDS. DESPITE ALL THE PARKS THAT WE HAVE THE NUMBER 1 REQUEST WE GET IS WHERE OUR SOCCER FIELDS AND BASEBALL FIELDS? WE HAVE CONVERTED A LOT OF OUR SPACES FOR THOSE FACILITIES . THERE IS ONE BY THE DOG PARK. TO KIND OF MAKE IT WORK BUT WE DON'T HAVE A REALLY HIGH CLASS FULL FEATURE ATHLETIC SPORTING FIELD. NOT TO SAY THIS WILL REPLICATE SUNSET PARK , BUT JUST A FULL FEATURE PACKED PARK THAT IS A DESTINATION. I RECALL IN PREVIOUS DISCUSSIONS WE HAVE HAD, THE GOAL WAS MAKING THIS CAMPUS TO BE A DESTINATION SO PEOPLE CAN COME HERE TO OAKLEY. WHETHER IT BE POLO FIELDS OR EVERYTHING ELSE WE HAVE SEEN, THOSE WILL BE THE DRAW TO THE PARK. I JUST WANTED TO PROVIDE CLARIFICATION. LET'S NOT GET TIED UP ON THE NAME OF IT. REGIONAL AND REGIONAL, WE ARE NOT COMPARING APPLES TO APPLES. >> WE USED TO CALL IT THE 55 ACRE PARK. >> THAT IS VERY CATCHY AS WELL. >> THIS PARK WAS PLANNED BEFORE I WAS ON COUNCIL 12 YEARS AGO. THERE WERE DRAWINGS AND PLANS AND IDEAS. PLANS I DIDN'T LIKE . SO, IN 16 THERE WAS A MAJORITY CHANGE ON COUNCIL. WE REVISITED IT. WE DID TOURS AND WALKED AROUND EVERY SQUARE FOOT OF THE PLACE AND SAW STUFF. IS THIS HISTORICAL? THIS GOES TO OUR AGRICULTURE HERITAGE AND WE WANT TO PRESERVE THIS, MAYBE WE COULD HAVE AN EDUCATIONAL ELEMENT HERE, OVER HERE WE CAN HAVE ACCESS TO THE WATER. SO MANY IDEAS. IT ALL COMES DOWN TO FUNDING. WE HAVE TO HAVE A PLAN TO ASK FOR FUNDING. SO, WE NEED A PLAN. ANOTHER MAJORITY CHANGE ON COUNCIL HAS COME UP AND YOU HAVE ASKED TO REVIEW THIS. THAT IS WHAT THIS IS. AS I READ THIS PROPOSAL THIS IS TO REACH OUT TO ALL STAKEHOLDERS AND INTERESTED PARTIES FOR MULTIPLE WORKSHOPS TO FULLY ENGAGE THE COMMUNITY AND DEVELOP A PLAN FOR THE FUTURE OF THE PARK. THIS IS IT. THIS IS WHAT YOU GUYS ASKED FOR. I WON'T BE ON COUNCIL THEN. BUT, THE CITY HAS CHANGE FROM THE TIME I WAS FIRST ELECTED, IT HAS ONLY DOUBLED IN POPULATION. IT HAS CHANGED SINCE 2016 WHEN WE DID THIS PLAN. WE NEED TO REVISIT. THE IDEAS WE THOUGHT WERE GREAT BACK THEN , I DON'T THINK THEY ARE GREAT TODAY AND I DON'T THINK THEY FIT THE CURRENT OAKLEY OR THE FUTURE OAKLEY. DEFINITELY NEEDS TO BE ACTIVE RECREATION. AS YOU SAID, WE HAVE A GROWING CITY WITH GROWING DEMANDS AND EVERYBODY SAYS WE NEED STUFF FOR THE KIDS TO DO. THIS IS AN OPPORTUNITY FOR STUFF FOR THE KIDS TO DO. ACTE HEALTHY OUTDOOR, GET SOME SUNSHINE. I AM ALL IN FAVOR AND I HOPE THE COUNCIL NEXT YEAR WILL COME UP WITH A GREAT PLAN. >> IF THERE ARE NOT ANY DELIBERATIONS I WOULD LOOK FOR MOTION. >> I WILL MOVE APPROVAL. >> SECOND. >> AMENDMENT? >> YOU WANT TO OFFER AN AMENDMENT? >> YES. I WOULD LIKE TO TABLE THIS ITEM AND A MOTION UNTIL CITY STAFF CAN REPORT BACK HOW THE COVENANT WOULD BE EFFECTIVE? IT IS AFFECTED BY ANY THOUGHT OF BUILDING NORTH OF THE MARSH AND ALSO HOW STRICT IS THE COVENANT IF THERE IS ANY PENALTY AT ALL CONCERNING CHANGING THE USE OF THE LAND INTO SOMETHING ELSE AND TO REPORT BACK TO US BEFORE WE VOTE ON THIS. >> THAT DOESN'T SOUND LIKE AN AMENDMENT, THAT SOUNDS LIKE AN ALTERNATIVE MOTION. IS THAT ACCURATE? >> THAT IS WHAT AN AMENDMENT IS. >> YOU ARE TOTALLY CHANGING WHAT HER MOTION IS. >> WHY DO WE HAVE A LEGAL COUNCIL HERE? LET'S SEE WHAT SHE HAS TO SAY. >> I CAN SPEAK TO THAT. AS YOU ARE PHRASING IT IT DOES SOUND LIKE AN ALTERNATIVE MOTION. SO, PRIOR TO CONSIDERATION OF THAT MOTION WE FIRST CONSIDER COUNCILMEMBER WILLIAMS MOTION. >> ARE YOU SAYING I CAN'T TABLE IT THEN? >> THAT WOULD BE YOUR MOTION ON THE TABLE. YOU HAVE PRONOUNCED AN ALTERNATIVE MOTION TO MISS WILLIAMS. >> SO HOW DO WE VOTE ON THAT? >> WE WOULD FIRST VOTE ON MISS WILLIAMS MOTION WHICH SEEMED TO HAVE A SECOND AND NOW IS BEFORE THE TABLE. THAT WAS BEFORE YOU. AND CERTAINLY WE CAN ENTERTAIN YOUR MOTION AS WELL. >> WHAT HAPPENS IF IT IS TO MAJORITY VOTES. >> IT SEEMS LIKE YOU PRESENTED YOUR MOTION SO YOUR COUNCILMEMBERS HAVE HEARD IT AND THEY WOULD ABSTAIN OR VOTE IN FAVOR OF YOURS ONCE YOUR TURN HAS COME. >> IS THAT CLEAR? >> KIND OF. >> CLEAR AS MUD? OKAY. MAYBE IT IS CLEAR FOR FOUR OF US TO MOVE FORWARD. I WILL CALL THE VOTE. ALL IN FAVOR? >> EYE. A POST? >> NO. >> FOUR IN FAVOR, ONE AGAINST. NOW MR. FULLER, YOUR MOTION IS STILL ON THE TABLE. I WILL LOOK FOR SECOND. >> NOT HEARING A SECOND, THE MOTION DIES. THANK YOU. >> NEXT ITEM UP I BELIEVE IS 3.7. MR. FULLER U.S. FOR THAT ONE. >> IT IS THE SAME THING ABOUT 3.4. WE PAID HUNDREDS OF THOUSANDS OF DOLLARS TO THE ENGINEERS ALREADY FOR THE DEVELOPMENT ONGOING. AND IF IT ISN'T DONE NOW, I'M NOT WILLING TO PAY MORE MONEY TO THE ENGINEERS SO I WOULD VOTE NO. >> WOULD LIKE TO INTRODUCE IT? >> ANOTHER BRIEF CLARIFICATION. THE CONSULTANTS HAVE BEEN DIVINING DESIGNING THIS PROJECT FOR A NUMBER OF YEARS. NOW THEY ARE MOVING INTO THE CONSTRUCTION PHAGE. A LOT OF WORK GOES ON DURING CONSTRUCTION PHASE THAT REQUIRES ASSISTANCE FROM THE CONSULTING TEAM. ALL THE VARIOUS TASKS IT TAKES TO BUILD ONE OF THESE PROJECTS. THIS CONTRACT AMENDMENT THAT WE HAVE, THIS IS ROUGHLY 2% OF THE BID THAT THE COUNCIL APPROVED . JUST A POINT OF REFERENCE. IN THIS DAY AND AGE DESIGN CONTRACTS, I WORK WITH MY COLLEAGUES IN OTHER CITIES , THEY ARE RUNNING ANYWHERE FROM 10-15% OF THE CONSTRUCTION BUDGET. YOUR CONSTRUCTION SUPPORT SERVICES IS ANYWHERE FROM 6-10%. WE NEGOTIATED FOR ABOUT 2% OF THE CONSTRUCTION COST OF THE PROJECT WHICH AGAIN FROM STAFF PERSPECTIVE IS AN EXTREMELY COMPETITIVE PRICE FOR ANYBODY WHO IS FAMILIAR WITH THIS SIDE OF OUR BUSINESS. HOWEVER THE COUNCIL WISHES . ACTUALLY BY DESIGN WHEN WE ENGAGE A CONSULTANT , AT THE BEGINNING WE DON'T ASK THEM FOR A VOTE. SPECIAL PROJECTS LIKE THIS TAKE SEVERAL YEARS. SCOPE CHANGES. IF I NEGOTIATE SOMETHING FIVE YEARS AGO I WOULD HAVE TO REDO IT NOW. SO WE WAIT UNTIL THE PROJECT IS DONE AND WE KNOW EXACTLY WHAT WE ARE BUILDING AND THE SCOPE OF WORK TO BUILD IT. AND WE WORK TO GET THE BEST PRICE AND I THINK THIS IS A VERY COMPETITIVE PRICE. >> ANY DELIBERATIONS? >> MR. FULLER? >> HOW MUCH HAVE WE PAID ALREADY? >> BKS, I DON'T HAVE THE EXACT NUMBERS. I THINK INITIALLY SIX YEARS AGO IT WAS UNDER 300,000, 250,000 FOR THE DESIGN. ABOUT THREE YEARS AGO WE ADDED MORE WORK. SO, I THINK ALTOGETHER FOR THE PROJECT I WOULD SAY IT IS UNDER 500,000. THIS IS DESIGN AND CONSTRUCTION WHICH IS LESS THAN 10% OF OUR BUDGET. >> WHAT DO WE GET OUT OF THIS THEN? I MEAN, IS THERE A TIME LIMIT ON THIS OR A SPECIFICATION OR WE JUST PAY THE MONEY FOR DESIGN? YOU SAY WE PAID LESS THAN HALF 1 MILLION. BUT WE PAID PROBABLY MORE THAN 400,000. WHEN I WENT THROUGH IT THERE WAS ONE IN THERE FOR 300,000. IF WE PAY MORE THAN THAT WE ARE AROUND A HALF $1 MILLION ALREADY FOR DESIGN. SO IF WE PAY EVEN MORE MONEY, WHAT ARE WE GOING TO HAVE THAT WE DON'T HAVE NOW? >> WE HAVE NOT PAID HALF 1 MILLION FOR DESIGN. AS I SAID, SIX YEARS AGO WHEN WE STARTED THIS PROJECT THE CONTRACT WAS UNDER 300,000 FOR DESIGN. LOTS HAS CHANGED IN SIX YEARS. WE AMENDED THAT AGREEMENT AND ADDED SOME FUNDING FOR IT. THIS IS FOR CONSTRUCTION SUPPORT. I WANT TO MAKE SURE WE DON'T MIX THIS UP WITH DESIGN OF THE PROJECT. THE PROJECT HAS BEEN DESIGNED. THEY HAVE COMPLETED IT. IT WAS US WHO ASKED THEM FOR CONSTRUCTION SUPPORT SERVICES BECAUSE WE KNOW DURING THE COURSE OF THE CONSTRUCTION THERE IS A LOT OF GOING BACK AND FORTH BETWEEN THE CONTRACTOR, US AS A STAFF AND DESIGN RELATED ISSUES THAT NEED TO BE SORTED OUT AND TWEAKS. THIS IS FOR CONSTRUCTION SUPPORT NOT DESIGN. LIKE I SAID, ALTOGETHER FROM THE BEGINNING INCLUDING THIS EVENING, I THINK OUR CONTRACT IS IN THE NEIGHBORHOOD OF LESS THAN HALF 1 MILLION. >> CAN YOU GIVE US A DISTINCT DEFINITION OF CONSTRUCTION SUPPORT? >> I HAVE WRITTEN COUNCILMEMBER FULLER IN THE REPORT ALL THE SPECIFIC ITEMS THAT CONSTRUCTION SUPPORT IS. FOR INSTANCE, YOU START THE CONSTRUCTION, THE JOB HAS TO BE STAKES. WE RUN INTO A LOT OF SITE RELATED ISSUES. WE ENCOUNTER UNFORESEEN THINGS WHICH HAPPENS ALMOST EVERY CONSTRUCTION PROJECT. WE WERE BUILDING LAUREL ROAD THREE YEARS AGO . THE JOB WAS DESIGNED AND WE WERE MOVING ALONG DEEP IN CONSTRUCTION. WE RAN INTO A GAS LINE THAT PG&E HASN'T MARKED. WE ASKED THEM AT THE BEGINNING WHAT ABOUT THIS GOSLING? AND THEY SAID SORRY, WE FORGOT TO TELL YOU. IT ALL HAD TO BE REDESIGNED AT OUR COST. THAT IS HOW THINGS WORK OUT. SO, UNFORESEEN SITE CONDITIONS. A LOT OF TIMES WE HAVE TO MAKE ADJUSTMENTS IN THE FIELD, THE DESIGN HAS TO CHANGE. THAT HAS TO BE DONE BY THE CONSULTANT. HE COMES TO US, WE CHECK IT AND IT IS GIVEN TO THE CONTRACTOR TO BUILD IT. SO WE HAVE THE CONTRACTOR, I GIVE THEM THE PLANS AND THIS IS SOMETHING WE ARE DAILY INVOLVED WITH DURING THE COURSE OF CONSTRUCTION. ESPECIALLY LARGER PROJECTS THAT ARE COMPLEX. YOU ARE CONFORMING TO A LOT OF PRE-EXISTING CONDITIONS. WE ARE CONFORMING WITH THE PROJECT THE RAILROAD IS BUILDING. THIS IS NOT JUST A ROADWAY IN THE MIDDLE OF NOWHERE THAT WE CAN BUILD. >> WELL, WHY CAN'T R&R CONSTRUCTION DO THEIR OWN CONSTRUCTION SUPPORT? >> THAT WOULD BE CONFLICT OF INTEREST, COUNCILMEMBER FULLER. AS THE OWNER OF THE PROPERTY WE ARE RESPONSIBLE FOR THE PROJECT GIVEN ANY CONTRACT NO MATTER WHO IT IS. IF THEY DO THEIR OWN CONSTRUCTION SUPPORT, NOT EVERY CONTRACTOR , SOME MAY BE LESS THAN HONEST AND THEY COME BACK WITH ALL KINDS OF CHANGES. IF YOU GIVE THEM THE RAINS, THE CHANGE ORDER IS LEFT AND I HAVE NO CONTROL OVER THE PROJECT, THE RECENT MUNICIPALITIES TO CONSTRUCTION SUPPORT THEMSELVES IS THEY RUN THE PROJECT AND AS THE PROJECT OWNER. SAY YOU ARE BUILDING A HOUSE, YOU TELL THE BUILDER GO BUILD ME THIS HOUSE WITHOUT ANY SPECIFIC DO'S AND DON'TS , THEY COULD GIVE YOU SOME HEFTY BILLS. >> WELL, IT SEEMS PRETTY OPEN-ENDED. I DON'T KNOW WHAT WE WILL HAVE ESPECIALLY AFTER WE PAY THEM 500,000. BUT AT LEAST MORE THAN 350,000. SO, UNLESS WE COME UP WITH SOMETHING MORE SPECIFIC THAN OPEN-ENDED MORE MONEY I'M GOING TO VOTE NO. >> MEXICANS? >> AS I READ THIS, THIS ISN'T DESIGNS. THIS IS PEOPLE ON THE GROUND OVERSEEING. THESE ARE ENGINEERS, THESE ARE PEOPLE WHO ARE SURVEYING. THESE ARE THE ACTUAL MANPOWER HOURS WE ARE PAYING FOR FOR THEM TO OVERSEE AND THEN WE OVERSEE THEM WHO ARE OVERSEEING. SO, THIS IS NOT DESIGN, THIS IS ACTUAL PEOPLE WORKING AND WE ARE PAYING THEIR HOURLY WAGE. AND I SUPPORT THIS AND I WILL MOVE APPROVAL. >> THERE IS A FIRST. >> I WILL SECOND. >> ANY OTHER DELIVERY RATIONS? ALL IN FAVOR? >> AYE. >> OPPOSE? >> NO. >> FOR IN FAVOR, ONE AGAINST. IT PASSES. THANK YOU. >> WE HAVE NO PUBLIC HEARINGS TONIGHT SO WE WILL MOVE ON TO THE REGULAR CALENDAR. 5.1 WHICH IS OUR STRATEGIC PLAN UPDATE. >> GOOD EVENING MR. MAYOR, VICE MAYOR AND MEMBERS OF THE CITY COUNCIL AND MEMBERS OF THE PUBLIC. THIS IS OUR FIRST STRATEGIC PLAN UPDATE SINCE OUR STRATEGIC PLAN WAS ADOPTED EARLIER THIS YEAR. WE EMBARKED ON A FOUR-MONTH PROCESS THAT CULMINATED IN THE APPROVAL OF OUR SP 27+ PLAN IN APRIL OF THIS YEAR. WE HAVE BEEN WORKING ON APPROXIMATELY 180 OBJECTIVES WITHIN THE PLAN. THE PLAN IS VERY ROBUST. PROBABLY THE MOST ROBUST STRATEGIC PLAN THE CITY HAS HAD SINCE INCORPORATION. ALSO INCORPORATED THAT THE MISSION VISION AND CORE VALUES THAT WE PROUDLY DISPLAYED ON YOUR SCREEN'S AND WE HAVE DONE AS STAFF OUR BEST TO UPDATE YOU ON THE PROGRESS OF EACH ONE OF THESE ITEMS. SOME HAVE BEEN COMPLETED. A MAJORITY OF THEM ARE IN PROGRESS. THIS IS A FIVE YEAR PLAN. THERE IS A SUBSTANTIAL AMOUNT OF TIME TO COMPLETE ALL OF THE OBJECTIVES. IF THERE ARE ANY SPECIFIC QUESTIONS MYSELF AND STAFF ARE AVAILABLE. THAT COMPLETES MY REPORT. >> ANY QUESTIONS OF STAFF? >> MR. FULLER? >> YES, I WAS A LITTLE CONCERNED. THE STAFF REPORT SAYS THAT THE STRATEGIC PLAN IS IN PLACE FOR FIVE YEARS . MY UNDERSTANDING WHEN WE CLOSED THE STRATEGIC PLAN LAST YEAR IS THAT WE WOULD BE REVISITING IT AGAIN AT APPROXIMATELY THE SAME DAY IN 2023. SO THE NEW COUNCIL MEMBERS THE NEWLY CONSTITUTED COUNCIL CAN REVIEW THE STRATEGIC PLANS AND MAKE ALTERATIONS OR CHANGES AS THEY MAY SEE FIT TO THAT FIVE-YEAR PLAN. >> YOU ARE CORRECT. MY PLAN TO START THE YEAR OFF NEXT YEAR WILL BE TO HOLD A VISION SESSION AS WE DID IN JANUARY OF THIS YEAR FOR THIS COUNCIL AND AFTER THAT VISION SESSION WE WILL BRING BACK THE STRATEGIC PLAN FOR REVIEW. I WILL NOT BRING IN OUR FACILITATOR THAT WE HIRED TO HELP DRAFT THE PLAN AND FACILITATE THE MEETINGS THAT WE WILL GO THROUGH AND OF COURSE ADDRESS ANY CHANGES THAT COUNCIL SEES FIT. >> ANY MORE QUESTIONS? >> THANK YOU. >> 5.2 IS CONSIDERING AN URGENCY ORDINANCE IMPOSING A MORATORIUM ON PERMITTING DRIVE-THROUGH RESTAURANTS, CARWASHES, GAS STATIONS AND SELF STORAGE FACILITIES WITHIN CITY LIMITS TO ALLOW FOR EVALUATION OF THEIR IMPACTS. THE CITY ATTORNEY HAS THIS. >> GOOD EVENING MR. MAYOR AND MEMBERS OF THE COUNCIL. THIS PARTICULAR ITEM IS BEFORE YOU TONIGHT BASED ON DIRECTION RECEIVED BY COUNCIL ON THE SEPTEMBER 28 REGULAR MEETING. COUNCIL MEMBERS REQUESTED THAT THE CITY CONSIDER A MORATORIUM ON NEW SPECIAL LAND USES ASSOCIATED WITH A CURRENT ZONING ORDINANCE. THESE PARTICULAR LAND USES THAT WOULD BE RESTRICTED UNDER THIS URGENCY ORDINANCE ARE DRIVE-THROUGH RESTAURANTS, CARWASHES, GAS STATIONS AND SELF STORAGE FACILITIES WHICH ALL HAVE BEEN THE SUBJECT OF SEVERAL WORK SESSIONS SINCE AT LEAST 2021. THE STATE LAW PERMITS THE CITY TO ADOPT AN URGENCY ORDINANCE SUCH AS THIS THAT WOULD PROHIBIT OTHERWISE PERMITTED USES WITH A FINDING THAT THEY CONFLICT WITH POTENTIAL PROPOSALS AND THE CITY IS CONSIDERING EVALUATING THOSE IMPACTS THAT WOULD DIRECTLY AFFECT THESE PARTICULAR LAND USES THAT ARE GENERALLY PERMITTED WITHIN CITY LIMITS. THIS PARTICULAR URGENCY ORDINANCE BECAUSE IT IS AN URGENCY ORDINANCE DOES REQUIRE A 4/5 VOTE FROM COUNCIL. SO IT IS THE PLEASURE OF COUNCIL THAT WOULD REQUIRE THAT LARGER VOTE. THE PROPOSED ORDINANCE OPPOSES AN INITIAL 45 DAY MORATORIUM ON THE FOUR SPECIFIED LAND USES . THE 45 DAY LIMIT OF THIS ORDINANCE IS DUE TO THE SPECIFIC REQUIREMENTS FOR INTERIM OR URGENCY ORDINANCE UNDER GOVERNMENT CODE SECTION 65858. THE CITY COUNCIL THEREAFTER MAY EXTEND THE ORDINANCE IN TWO INTERVALS, THE FIRST BEING FOR A PERIOD OF 10 MONTHS 15 DAYS AND THE SECOND FOR UP TO A YEAR. SO OVERALL AND URGENCY ORDINANCE WOULD LAST NO MORE THAN TWO YEARS. AS EXPLAINED IN THE PREVIOUS CITY COUNCIL WORKSHOPS THE OAKLEY MUNICIPAL CODE CURRENTLY ADDRESSES THESE FOUR LAND USES BUT ONLY GENERALLY . VERY LITTLE SPECIFICS IN OUR OAKLEY MUNICIPAL CODE ADDRESSING THESE LAND USES. THE PROPOSED MORATORIUM WOULD BE ENACTED ON THE BASIS THAT IT WOULD BE NECESSARY TO SUSPEND CONSIDERATIONS OF APPLICATIONS FOR SUCH PERMITS WHILE THE ORDINANCE CONSIDER THE SPECIAL LAND USES CONSIDERED. SOMETHING THAT WOULD ALLOW A MORE ROBUST ORDINANCE ON THESE PARTICULAR USES THAT WERE CREATED AND PREPARED. AS DRAFTED, THE PROPOSED ORDINANCE WOULD DECLARE THE CITY COUNCIL MAKE CERTAIN FINDINGS. THOSE ARE DETAILED A THROUGH E IN THE STAFF REPORT. BUT, THE BASICS OF THAT IS FIRST BEING THAT THE CITY REGULATES SPECIAL LAND USES ONLY GENERALLY AND SUCH USES ARE NECESSARY TO ADDRESS THE COMPATIBILITY ISSUES WITHIN CITY LIMITS. THE NEXT BEING THE IMPOSITION OF A TEMPORARY MORATORIUM. THE CITY MAY BE REQUIRED TO PROCESS APPLICATIONS FOR SUCH DEVELOPMENT EVEN THOUGH IT'S EXISTING REGULATIONS REQUIRE UPDATING ON THE BASIS OF A THOROUGH STUDY AND ANALYSIS. AND THERE BEING A CURRENT AND IMMEDIATE THREAT. THIS IS IMPORTANT. THERE HAS TO BE CERTAIN FINDINGS MADE BY COUNCIL IN ORDER TO WARRANT AN URGENCY ORDINANCE. THAT THERE IS A CURRENT AND IMMEDIATE THREAT TO THE PUBLIC. HEALTH, SAFETY AND WELFARE OF THE CITY AND THE A FURTHER STUDY OF THE IMPACT REGARDING THESE FOUR SPECIAL USES IS NEEDED AND NECESSARY. D BEING THE ADOPTION OF THIS URGENCY MORATORIUM IS NECESSARY TO PROTECT THE CITY AND ITS RESIDENTS AND TO LOOK AT THE COMPATIBILITY ISSUES, INCOMPATIBILITY ISSUES OF ENVIRONMENTAL IMPACTS AND THE LAST IS THE IMPOSITION OF A MORATORIUM THAT WILL ALLOW THE CITY SUFFICIENT TIME TO CONCLUDE THE PREPARATION OF A MORE COMPREHENSIVE ORDINANCE ADDRESSING THESE FOUR PARTICULAR LAND USES THAT AGAIN ARE CURRENTLY GENERALLY ADDRESSED WITHIN OUR MUNICIPAL CODE. AND SOME SPECIFICS REGARDING THE LIMITATIONS . IF IT IS THE PLEASURE OF COUNCIL TO ENACT THIS ORDINANCE IT WOULD BE THAT THE CITY SHALL NOT RECEIVE ACCEPT, PROCESS OR PROOF ANY APPLICATIONS FOR A PERMIT TO ALLOW ANY OF THE FOUR SPECIAL LAND USES DURING THE MORATORIUM PERIOD. AND ALSO THAT IT IS THE RECOMMENDATION OF STAFF THAT THE CITY CONSIDER THIS ORDINANCE REQUIRING A 4/5 VOTE FOR A PERIOD OF 45 DAYS AND BECAUSE OF THE LOGISTICS THAT COUNCIL GENERALLY OUR DECEMBER MEETING IS NOT SUBSTANTIVE, WE WOULD LIKELY RECOMMEND TO THE COUNCIL THAT THIS WOULD BE REVISITED IN A SPECIAL MEETING IN DECEMBER IN ORDER TO ALLOW THE 45 DAY PERIOD. I HAVE NO FURTHER ADDITIONS TO THE REPORT. I WOULD WELCOME QUESTIONS FROM COUNCIL. I AM NOT SURE IF THERE ARE ANY SPEAKERS ON THIS ITEM. >> ANY QUESTIONS OF STAFF? MISS HIGGINS, YOU HAVE A QUESTION? >> CAN WE MAKE THIS AREA SPECIFIC INSTEAD OF CITYWIDE? CAN IT BE LIKE FROM EMPIRE TO LAUREL AND MAINE AND END THEIR? CAN IT BE A SPECIFIC AREA? I WOULD LIKE TO SEE DEVELOPMENT ALONG CYPRUS OUT TO SUMMER LAKE. BUT, THESE USES IN THE LAUREL EMPIRE AREA ARE OVERDONE. AND THAT IS WHY I WANT TO KNOW, CAN WE PUT THIS IN A SPECIFIC AREA OR DOES IT HAVE TO BE CITYWIDE? >> GENERALLY, I KNOW OPPOSITION TO THAT. HOWEVER, IT IS MY UNDERSTANDING THAT THE DIRECTION RECEIVED FROM STAFF WOULD BE THAT THE ANALYSIS THAT WOULD BE TAKING PLACE WOULD BE FOR AN ORDINANCE THAT WOULD AFFECT THESE FOUR LAND USES AS A WHOLE. SO AGAIN, IN ORDER TO JUSTIFY AN INTERIM ORDINANCE IT HAS TO BE CONNECTED TO WHAT THE ANALYSIS IS STUDYING AND THAT WOULD BE THE USES WITHIN THE CITY LIMITS. >> SO IT IS A LARGER STUDY. IT IS A MORE COMPREHENSIVE STUDY THAT WOULD THEN GO INTO A MORE COMPREHENSIVE ORDINANCE. >> SO YOU HAVE TO LIMIT THE ENTIRE CITY TO HAVE A STUDY TO SEE THE AREAS THAT IT WOULD BE MORE LIKELY TO NOT HAVE MORE ABOUT THE MOMENT? >> THE DIRECTION FROM STAFF I BELIEVE AS I UNDERSTAND IT WAS THAT THE STUDY WOULD BE LOOKING WITHIN CITY LIMITS. CERTAINLY WE CAN TAKE SOME DIRECTION IF THAT IS NO LONGER THE PLEASURE OF COUNCIL. >> I DON'T REMEMBER ASKING THAT. I REMEMBER ASKING FOR IT TO BE FROM EMPIRE DOWN LAUREL TO MAIN STREET SO WE DON'T KEEP HAVING THE SAME STUFF WHERE WE ALREADY HAVE IT. LIKE THE OVERABUNDANCE OF THE SAME THINGS, RIGHT? SO , NOT CITYWIDE. WE NEED THESE THINGS IN AREAS WHERE WE DON'T HAVE THEM THAT WE KEEP JAMMING THE SAME DEVELOPMENT IN THE SAME PLACES. WE HAVE ENOUGH GAS STATIONS ON CORNERS. SO, THAT IS THE ONLY WAY THIS ORDINANCE WORKS IS IT IS CITYWIDE? >> YOU HAVE TO ALSO THINK ABOUT THE APPLICANTS THAT WOULD COME IN THAT WERE ONLY BEING SPECIFIC. WE WOULD NOT CONSIDER APPLICATIONS FOR THIS PARTICULAR AREA BUT WE WOULD BE CONSIDERING APPLICATIONS FOR ANOTHER AREA? IT CREATES A LITTLE BIT OF AN ISSUE REGARDING PREFERENTIAL TREATMENT OF ONE AREA OF THE CITY. AND AGAIN, THIS IS A SHORT-TERM ANALYSIS, 45 DAYS FOR THE INITIAL TERM AND CERTAINLY CAN BE REVISITED IN THAT DECEMBER MEETING SHOULD YOU WISH TO REVISIT IT. >> I THINK HAVING THIS MORATORIUM NOW FOR THE HOLIDAYS, I MEAN I'M NOT RUNNING OUT THERE TO BUILD MY STORAGE UNITS AT CHRISTMAS TIME. I DON'T KNOW, MAYBE THAT IS GOOD THAT PEOPLE PUT IN APPLICATIONS, IT IS A GOOD TIME TO STORE YOUR CHRISTMAS STUFF I GUESS. I JUST THINK IT IS POOR TIMING TO DO SOMETHING AND NOW IT IS THE HOLIDAYS. IT IS NOT GOING TO COVER THE AREA THAT IS MOST IMPACTED BY THE SAME USES OVER AND OVER AGAIN. >> MR. FULLER? >> YES, FIRST IF YOU WOULD >> ELIZABETH IS FINE. >> SO, CAN YOU GIVE ME HEALTH AND SAFETY COMMISSIONS? I UNDERSTAND WHAT YOU ARE SAYING, ONE OF THE SITUATIONS THAT MAKES THIS URGENCY IS HEALTH AND SAFETY. CAN YOU GIVE ME WHAT YOU WOULD CONSIDER HEALTH AND SAFETY CONSIDERATIONS? >> I MIGHT NOT BE THE BEST PERSON TO SPEAK TO THE ENVIRONMENTAL IMPACTS THAT WOULD BE CONSIDERED BY OUR STAFF IN THE LARGER ANALYSIS AS I'M COMING IN FROM A LEGAL PERSPECTIVE. BUT CERTAINLY OVERALL IMPACTS. THINGS WE WOULD CONSIDER IN AN ENVIRONMENTAL IMPACT REPORT, TRAFFIC STUDIES CERTAINLY POLLUTION ISSUES, DENSITY ISSUES, THERE ARE QUITE A FEW THINGS THAT MIGHT BE IMPACTED BY THE STRUCTURES AND LAND USES SUCH AS THESE THAT HAVE BEEN QUITE CONTENTIOUS IN THE PAST AND EXPRESSED BY OUR RESIDENTS. >> THANK YOU. SO IF I WERE TO SAY THAT BECAUSE OF SAFETY CONDITIONS IN SCHOOLS, ENVIRONMENTAL CONDITIONS AROUND HOMES, TRAFFIC CONDITIONS THAT BECAUSE WE HAVE NOT COMPLETED A ZONING PLAN THAT IN MY ESTIMATION AND MAYBE OTHERS IT IS A DANGEROUS SITUATION THAT NEEDS TO BE ADDRESSED AND KEEP ON DRAGGING IT ON. >> THAT WOULD REQUIRE THE STUDY. >> HERE BUT MAYBE YOU HAVE NOTES. I KNOW IN ALL FAIRNESS COUNCILMEMBER HIGGINS I BELIEVE WAS ABSENT FOR THIS ONE. BUT I UNDERSTAND THIS MORATORIUM COVERS STOPPING ALL CONSTRUCTION IN THE CITY SO WE CAN ADDRESS CERTAIN AREAS AS COUNCILMEMBER HIGGINS HAS SAID AND COUNCILMEMBER WILLIAMS HAS BROUGHT UP. WE CAN GO OVER THE WHOLE ZONING SITUATION AND SEE HOW WE CAN MOVE IT AROUND. BUT THE MORATORIUM WOULD ALLOW US THE LATITUDE TO DO THIS THROUGHOUT THE CITY BUT STILL JUST ADDRESS CERTAIN AREAS. >> EXACTLY. >> OKAY, THANK YOU. >> ANY MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM? >> NO, THANK YOU DELIBERATION OR EMOTION? >> MR. FULLER? >> YES, I APPRECIATE COUNCILMEMBER HIGGINS SUPPORT AND I AM NOT SAYING IT IS THERE, BUT SHE IS ON VACATION. PART OF THE REASON WE WENT TO THE MORATORIUM IS WE HAD DRUG THIS OUT SO LONG AND OVER YEARS NOW TO TRY TO COME UP WITH A ZONING ISSUE AND IT KEEPS GOING BACK. IN THE MEANTIME DEVELOPERS ARE COMING IN AND BUILDING AND WE ARE GOING AHEAD. THANK YOU VERY MUCH, I AM GETTING FEEDBACK WEEKLY. I KNOW WE HAVEN'T HAD ANY MAJOR BUILDING COMMENT BUT WE ARE LEAVING OURSELVES OPEN TO THAT AS WE GO THROUGH THIS. IT IS DISRESPECTFUL TO COUNCILMEMBER WILLIAMS. HE FOUGHT VERY DILIGENTLY AND PATIENTLY TO HAVE THIS FINISHED AND IT KEEPS BOUNCING BACK. AND IT IS DISRESPECTFUL TO THE COMMUNITY BECAUSE THEY EXPECTED THIS TO BE DONE A WHILE BACK. SO, YES, MR. COLE BROUGHT UP THAT HE NEEDS TIME FOR THIS IN TIME FOR THAT, THAT IS FINE. HE SAID YOU ARE PUSHING IT, AND I SAID NO, YOU'VE HAD TWO YEARS. IN RESPECT FOR THE COUNCILMAN AND THE COMMUNITY AND DEVELOPERS THAT WE IMPLEMENT THE MORATORIUM UNTIL WE COME BACK WITH A ZONING ORDINANCE AND THEN WE CAN LIFT THE MORATORIUM AND OPENNESS BACKUP. AS IT IS NOW, WE ARE STILL VERY MUCH IN LIMBO. WE HAVE THE OLD ONE BUT WE WANT ANYONE . THAT IS WHERE I'M COMING FROM. I APPRECIATE COUNCILMEMBER HIGGINS REPORT. AND POINT OF VIEW. WE HAVE A WHOLE MORATORIUM SO WE CAN LOOK AT Z