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Tuesday, September 24, 2019 · Government meeting record
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>> [GAVEL] >> GOOD EVENING AND WELCOME TO THE REGULAR JOINT MEETING OF OAKLEY CITY COUNCIL ACTING ASTHE SUCCESSOR AGENCY TO OAKLEY REDEVELOPMENT AGENCY AND SPECIAL MEETING OF PUBLIC FINANCES AUTHORITY. TODAY IS TUESDAY SEPTEMBER 24. MAY I GET ROLL CALL? [ROLL CALL] >> I LIKE TO CALL UP ADDIE VULITA 5TH GREAT STUDENT FROM ALMOND GROVE ELEMENTARY. A 5TH GREAT STUDENT. ADDIE LIVES IN OAKLEY WITH HER MOM [STREAMING CUT OUT] DAD, TWO BROTHERS TWO DOGS AND HAMSTER. ADDIE ENJOYS SOCIAL STUDIES AND MATH. LIKES TO LEARN ABOUT DECIMALS IN MATH AND FAVORITE THING IN SOCIAL STUDIES IS LEARNING ABOUT OUR 50 STATES. ADDIE IS ON THE ALMOND GROVE LEADERSHIP TEAM. IN HER SPARE TIME ADDIE ENJOYS BAKING ESPECIALLY PIES AND SEWING. SHE STARTED UP HER OWN BUSINESS, ADDIE'S SCRUNCHIES AND PICKS THE FABRIC AND SEWS THEM HERSELF AND SELLS THEM. >> PLEASE SALUTE. 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. (APPLAUSE) >> THANK YOU, YOU MAY BE SEATED. >> 1.3 IS PROCLAMATION TO THE EAST CONTRA COSTA FIRE PROTECTION DISTRICT IRON HOUSE SANITARY DISTRICTS AND DIABLO WATER DISTRICT FOR SPECIAL DISTRICTS WEEK. IF WE CAN HAVE THOSE DISTRICTS PLEASE MEET ME AT THE PODIUM. ARE WE ON? THANK YOU ALL FOR JOINING ME. IT IS SPECIAL DISTRICTS WEEK AND I INVITED A FEW SPECIAL DISTRICTS. THERE WHERE MANY THAT SERVE THE AREA WE DID WANT TO RECOGNIZE THOSE THAT DO A LOT FOR OUR COMMUNITY. SO, WHEREAS, SPECIAL DISTRICTS ARE LOCAL GOVERNMENTAL ENTITIES CREATED BY A COMMUNITY RESIDENTS FUNDED BY THOSE RESIDENTS AND OVERSEEN BY THE RESIDENTS TO PROVIDE SPECIALIZED SUBS AND INFRASTRUCTURE AND OVER 2 THOUSAND INDEPENDENT SPECIAL DISTRICTS PROVIDE MILLIONS OF CALIFORNIANS RELATED TO WATER, SANITATION, FIRE PROTECTION, FLOOD PROTECTION, MOSQUITO ABATEMENT, CEMETERIES, RESOURCE CONSERVATION, AIRPORT TRANSIT ROAD MAINTENANCE AND MORE AND WHEREAS, LOCAL RESIDENTS OWN SPECIAL DISTRICTS AND GOVERN THEM THROUGH LOCALLY ELECT SAID OR APPOINTED BOARD AND THEY ARE REQUIRED TO BE TRANSPARENT AND ACCOUNTABLE TO THE COMMUNITIES THEY SERVE ADHERING TO ALL THE LAWS THAT REQUIRE OPEN AND PUBLIC MEETINGS, PUBLIC ACCESS TO RECORDS, REGULAR AUDITS ONLINE POSTING OF FINANCES AND COMPENSATION AND WHEREAS, IN 1969 SEVERAL INDEPENDENT SPECIAL DISTRICT FORMED A STATE-WIDE ASSOCIATION CALLED THE CALIFORNIA SPECIAL DISTRICTS ASSOCIATION TO PROMOTE GOOD GOVERNANCE THROUGH PROFESSIONAL DEVELOPMENT ADVOCACY AND OTHER SERVICES FOR ALL TYPES OF INDEPENDENT SPECIAL DISTRICTS, AND WHEREAS, ON BEHALF OF THE RESIDENTS OF OAKLEY, THE OAKLEY CITY COUNCIL DESIRES TO THANK AND RECOGNIZE THE MANY SPECIAL DISTRICTS THAT SERVE THE COMMUNITY. NOW, THEREFORE, BE IT RESOLVED THAT I CLARE ALAURA THE MAYOR OF THE CITY OF OAKLEY DO JOIN MY FELLOW CITY COUNCIL MEMBERS AND CALIFORNIA STATE LEGISLATURE PROCLAIMING THE WEEK OF SEPTEMBER 22-28, 2019 AS SPECIAL DISTRICTS WEEK AND WITH DEEPEST GRATITUDE PRESENT THE PROCLAMATION TO THE EAST CONTRA COSTA FIRE PROTECTION DISTRICT, IRON HOUSE SANITARY DISTRICT DIABLO WATER DISTRICT. (APPLAUSE) >> OKAY. WE ARE AT PUBLIC COMMENTS. I HAVE ONE PUBLIC COMMENT CARD. I KNOW IT PROBABLY WON'T TAKE TO MAKE AN ANNOUNCEMENT BUT AND HAVE THREE MINUTES TO SPEAK AND THIS WILL BE YOUR GUIDING LIGHT WHEN YOU CAN GO AND START TO SPEED UP AND SLOW DOWN. >> I AM GREG [INAUDIBLE COMMENTS] THE TRUSTEE FOR OAKLEY ON THE CONTRA COSTA COMMUNITY COLLEGE DISTRICT BOARD AND I'M HERE TO INVITE THE MEMBERS OF THE COUNCIL, STAFF AS WELL AS EVERYONE IN THE AUDIENCE TO ATTEND OUR ANNUAL STATE OF THE DISTRICT EVENTS. WE HOLD ONE EVENT AT ALL 5 OF OUR LOCATIONS THREE COLLEGES AND TWO CENTERS. THE ONE THAT WE MOST CONVENIENT FOR YOU WOULD BE TUESDAY OCTOBER 1. IT START EARLY, 7 A.M. AND I HAVE CARDS HERE THAT I WILL LEAVE IN THE BACK FOR PEOPLE WHO ARE INTERESTED. THANK YOU. (APPLAUSE) >> WE ARE AT THE CONSENT CALENDAR. I'LL PUT 3 POET-3.1, ARE THERE ANY OTHERS? ALL IN FAVOR? IT PASSES. GOING TO PULL LEE POET 1 APPROVAL THE MINUTES OF REGULAR JOINT OAKLEY CITY COUNTY ACTING AS SUCCESSOR AGENCY TO OAKLEY REDEVELOPMENT AGENCY PUBLIC FINANCING AUTHORITY MEETING HELD SEPTEMBER 10 AND DIFFER THIS TO OUR CITY CLERK. >> THANK YOU MAYOR. I HAVE ONE CORRECTION TO THE MINUTES. THIS WOULD BE ON PAGE 4 OF THE MINUTES IN PUBLIC COMMENTS, THE COMMENT MADE BY MIKE DUPRE IF WE CAN CHANGE THE LAST SENTENCE TO STATE HE MENTIONED THE HOMELESS ISSUE WILL GET WORSE BY THIS SITUATION. IT COSTS ABOUT 300 THOUSAND TO LEAVE PEOPLE HOMELESS BUT ONLY $50 THOUSAND TO GET THEM OFF THE STREETS. THANK YOU. >> MOVE 3.1. >> ALL IN FAVOR? >> AYE. >> IT PASSES. THANK YOU. MOVE TO PUBLIC HEARING. 4.1. ADOPTION OF ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY EXTENDING A MORATORIUM ON THE ISSUANCE OR RENEWAL OF USE PERMITS VARIANCES BUILDING PERMITS BUSINESS LICENSES OR ANY OTHER ENTITLEMENT PROVIDING FOR USE AND COMMENCEMENT ESTABLISHMENT OR OPERATION OF SHORT-TERM RENTALS WITHIN OAKLEY. >> GOOD EVENING MADAM MAYOR, VICE MAYOR, MEMBERS OF THE COUNCIL AND PUBLIC. THIS ITEM BEFORE YOU IS ADOPTION OF A ORDINANCE THAT EXTEND THE CURRENT MORATORIUM IN PLACE FOR AN ADDITIONAL YEAR. STAFF DOES NOT BELIEVE WE WILL NEED THE ADDITIONAL YEAR TO BRING BACK THE REGULATION ADDRESSING SHORT-TERM RENTAL BUT WE NEED THE ADDITIONAL TIME TO FINALIZE THE AMENDMENTS TO THE CODE THAT WE WANT TO BRING FORWARD TO YOU. I HAVE A MEETING WITH THE CITY ATTORNEY OFFICE NEXT WEEK TO DISCUSS THE CHANGES AND WE PLAN ON BRINGING THOSE FORWARD VERY SHORTLY AFTER. SO, WITH THAT SAID, THIS ITEM DOES NOT A 4/5 VOTE TO PASS BECAUSE IT IS IN URGENCY ORDINANCE TO EXTENDED THE MORATORIUM AND STAFF DOES RECOMMEND APPROVAL AND I'M AVAILABLE FOR ANY QUESTIONS. THANK YOU. >> THANK YOU FOR OPENING THAT UP WITH A STAFF REPORT. ANY QUESTIONS FROM THE CITY COUNCIL? I DO HAVE ONE. SO, THE CITY ATTORNEY IS NEXT WEEK? >> YES. >> ARE THERE ANY OTHER LAWS LEGISLATURE COMING UP THAT IS DEPENDENT ON WHAT YOU ARE RESEARCHING TO ISSUE IN THE ORDINANCE OR IS- >> FROM WHAT I UNDERSTAND I THINK WE PASSED MOST OF THE LAWS-MOST THE COURT CASES WE WERE CONCERNED ABOUT. I THINK WE HAVE A GOOD HANDLE ON WHAT WE NEED TO BRING TO YOU, WE JUST NEED A LITTLE MORE TIME SO THIS SAFEGUARDS THE CITY SO WE DONT SEE ANYTHING POP UP IN THE MEANTIME. >> THANK YOU. I DO NOT HAVE ANY PUBLIC TESTIMONY FOR IT. MR. ROMICK. >> THERE ARE A NUMBER OF LAWSUITS IN PROCESS THAT MAY HAVE SOME EFFECT ON WHAT IT IS HOW WE MOVE FORWARD ON THIS PROCESS AND SO I THINK IT IS GOOD WE WAIT FOR THE LAWSUITS TO GO THROUGH THE PROCESS BEFORE WE JUMP INTO THE FRAY AND MAKE LAWS THAT MAY BE OVERTURNED IN THE NEAR FUTURE IF WE ARE NOT CAREFUL. >> I WOULD NOTE TO THE COUNCIL THAT WE ARE CAREFULLY WATCHING THIS AS ARE ALL CITY ATTORNEYS ACROSS THE STATE AND WE HAVE OUR FORUMS AND OUR VARIOUS LISTENERS AND THE MOMENT WE RECEIVE ANY SIGNIFICANT RULING ONE WAY OR THE OTHER WE'LL MAKE SURE WE WORK WITH STAFF TO HAVE A PROPER UP TO DATE AND LEGALLY COMPLIANT ORDINANCE. >> IS THERE A EXPECTED TIMEFRAME WHEN THE CASES MIGHT COME THROUGH? >> I SUSPECT IN THE NEXT YEAR WE'LL HEAR. I THINK SOME HAVE WOUND THEIR WAY UP TO THE APPELLATE COURTS BUT WITH WE MIGHT GET A PUBLISHED RULING, I DONT KNOW IF WE HAVE MULTIPLE DECISIONS YOU CAN SEE THE ISSUE WINDING THE WAY TO THE SUPREME COURT. MY SUSPICION IS THIS WILL BE FOUGHT AND IT IS GOING TO BE A DEVELOPING AREA FOR THE NEXT 2 OR 3 YEARS, MUCH LIKE THE CANNABIS ISSUE WAS AND STILL IS. IT IS A ISSUE THAT IS NOT GOING TO GO AWAY, SO I AGREE THAT AT THIS POINT IT IS BEST TO ADOPT THE URGENCY ORDINANCE BUT I STILL FEEL STRONGLY THAT OUR PERMANENT ORDINANCE WOULD BE LAWFUL. UNTIL A APPELLATE COURT COMES OUT I THINK I SHARE THE SENTIMENT OF MOST CITY ATTORNEYS THAT WE ARE ON STRONG GROUND UNLESS THE LEGISLATURE STEPS IN AND DOES SOMETHING DIFFERENT, BUT BASED ON CURRENT LAW, I FEEL VERY STRONGLY THAT THESE ARE LAWFUL EXERCISES OF CITY AUTHORITY. >> MY ONE CONCERN IS THAT WE DID A FEW-I DON'T KNOW IF IT WEEKS OR MONTHS AGO HAD A GENTLEMEN COME IN WHO SAID THIS MORATORIUM ALREADY EFFECTED HIS INCOME BECAUSE HE DOES RELY ON PART OF THAT TO SUPPLEMENT HIS INCOME TO PAY THE MORTGAGE AND THE LONGER THAT WE WAIT, HE AND SURE THERE ARE OTHERS WOULD PERHAPS SUFFER FROM THAT. I DO APPRECIATE THAT STAFF IS TAKING THEIR TIME IN DUE DILIGENCE TO RESEARCH AND TAKE INTO CONSIDERATION WHAT OTHER CITIES ARE DOING. THE RECOMMENDATION OF THE PUBLIC WHEN THEY CAME TO SPEAK OF AND THE NEIGHBORS THAT WERE HAVING A PARTICULARLY HARD TIME WITH A CERTAIN INDIVIDUAL WHO IS HAVING A-WHO HAD ONE OF THESE IN THEIR NEIGHBORHOOD BUT I DON'T WANT TO ALSO TAKE AWAY FROM THOSE FOLLOWING THE RULES AND IF YOU DONT FEEL THAT A YEAR IS NECESSARY AND THIS MEETING WITH SIT-AND WE DONT KNOW IF PERHAPS A YEAR OR TWO FROM NOW THESE OTHER JUDGMENTS WILL COME, BUT IT IS SAFE TO SAY THAT WE CAN PUT OUT ORDINANCES I WOULD MAYBE ONLY WANT TO EXTENDED OUT THREE TO 6 MONTHS IF THAT IS MORE THEN ENOUGH, BUT FOR US TO EXTEND THE MORATORIUM A YEAR SEEMS A LITTLE EXCESSIVE ESPECIALLY SINCE WE DONT KNOW HOW LONG IT WILL TAKE FOR OTHER RULINGS TO COME IN. >> WE CAN PASS AN ORDINANCE ANY TIME IN THE YEAR SO IF SOMETHING COMES IN THREE WEEKS WE CAN HAVE A ORDINANCE IN THREE WEEKS AND WAIT THE YEAR. THE YEAR JUST GIVES US THE TIME TO FLUSH THINGS OUT BUT IF WE CAN PUT TOGETHER SOMETHING QUICKER WE'LL HAVE IT RESOLVED QUICKER THEN THAT. THE YEAR GIVES THE BOUNDARY WE NEED IN CASE THINGS FALL APART BUT-WE ALL FIRM ON WHERE WE ARE NOW SO MIGHT ONLY TAKE A MONTH OR 2 TO FLUSH SOMETHING OUT AND MAKE IT WORK. THE YEAR DOESN'T BOTHER ME AND WITH THAT I MOVE THE MOTION IF YOU DON'T MIND. >> I DON'T MIND . >> SECOND. >> ALL IN FAVOR? I'M GOING TO OPPOSE AT THIS TIME, BUT HOPEFULLY WE'LL COME UP WITH SOMETHING UNDER A YEAR. THANK YOU, IT PASSES. WE MOVE ON TO THE REGULAR CALENDAR. T THERE IS NOTHING UNDER THAT, SO REPORTS. MR. CITY MANAGER. >> THANK YOU. I'M SURE THE COUNCIL ALSO ECHO THE THOUGHTS OF A VERY SUCCESSFUL HEART OF OAKLEY FESTIVAL. APPRECIATE THE RESIDENT THAT CAME OUT AND PATIENT WHILE WE COMPLETED MAIN STREET. THERE ARE A NUMBER OF EVENT THROUGHOUT THE MONTH OF OCTOBER AND HOPE FOLKS PARTICIPATE AS WELL. THE LAST CONCERT WILL BE THE WITH FRIDAY NIGHT BITES ON THE FORT AND WE HAVE OUR HARVEST FESTIVAL ON THE 26. STILL LOTS GOING ON. >> I DID ATTEND THE CONTRA COSTA STATE OF THE COLLEGE ON SEPTEMBER 19 AND I ASKED BRIAN TO FOLLOW-UP WITH DR. CRADIVICH ABOUT TRADES AND OAKLEY MAYBE BEING A PLACE THAT TRADES SCHOOL COULD BE DEVELOPED. ALSO ATTENDED THE HUMAN TRAFFICKING WORKSHOP IN ANTIOCH AND GOING TO BRING THAT AGAIN TO THE MAYOR'S CONFERENCE THIS OCTOBER ON JUST STOPPING HUMAN TRAFFICKING. THE FRIEND OF THE LIBRARY ARE LOOKING FOR BOOK DONATIONS AND THE JERSEY ISLAND IS GETTING CLOSE TO HAVING THEIR BRIDGE FINISHED UP. THEY ARE JUST WAITING SO IT COMES TOGETHER CALTRANS WILL BE THERE INSPECTING AND READY TO GO AND THEY ARE WORKING ON GREAT GPS MAPPING FOR THE WAY THE SEWER SYSTEM IS UNDERNEATH AND SO THEY CAN HAVE BETTER TRACK WHERE REPAIRS WILL BE SO THAT WAS A GREAT MEETING TO ATTEND. THAT'S IT FOR ME. >> I HAVE HAD ATTENDED THE CONTRA COSTA ADVISORY MEETING ALONG WITH COUNCIL MEMBER ROMICK. CCTA DID A PRESENTATION ON THE [INAUDIBLE COMMENTS] TIME AND MONEY AND TIME BUT IT IS ONE OF THOSE THINGS I BELIEVE IN THE EXPENDITURE PLAN THAT COULD BE FUNDED IN THAT WAY IF THE EXPENDITURE PLAN THAT CCTA BRINGS TO THE BALLOT DOES PASS. OUR 20TH ANNIVERSARY COMMITTEE STARTED OUR BOOK SALES ACTUALLY BEFORE THE HEART OF OAKLEY FESTIVAL. WE HAD A FEW TRICKLE IN ONLINE AND NOT SURE IF YOU HAVE A UPDATE HOW MANY WE DID SELL DURING OR AFTER? AWESOME. WE HAVE ABOUT A DOZEN AND CONTINUING TO SPREAD THE WORD. I HOPE ALL AND WILL TOO. IT DOESN'T HAVE TO BE DOGS, IT CAN BE A PET OR FAMILY MEMBERS. SOME PEOPLE ADVERTISE THEIR BUSINESSES, BUT REALLY IT IS A MEMORIAL BRICK AND THE MONEY GOES TOWARD THE SHADE STRUCTURE FOR THE DOG PARK. IT BRICKS WILL BE LAID AS YOU COME DOWN THE STAIRS THERE IS A ROUND DECORATIVE CEMENT AREA RIGHT AT THE STAIRS AND IN THE CENTER IS WHERE THEY HOPE TO PUT ALL THE BRICKS. IF WE RUN OUT OF ROOM WE'LL FIND SOMEWHERE ELSE BUT HOPEFULLY WE'LL BE ABLE TO FILL THE SPOT. THE MAYOR'S COOK-OFF IS THIS THURSDAY, WISH ME LUCK. I WILL COOK WITH CHEF STEFFAN [INAUDIBLE COMMENTS] FROM THE OAKLEY BISTRO THAT IS IN CONCORD ON THURSDAY. THE LAST THING I WANT TO MENTION IS THE EAST FAMILY JUSTICE CENTER IN ANTIOCH WILL HAVE THE GRAND OPENING SEPTEMBER 27 AND IT IS OPEN TO THE PUBLIC AND WILL BE A GREAT ASSET TO HAVE HERE IN EASTERN PART OF THE COUNTY. I'LL TURN IT OVER TO MR. HARDCASTLE. >> I DECIDED TO RETIRE FROM THE CITY COUNCIL. I THOUGHT LONG AND HARD ABOUT THIS. 50 YEARS AGO IN OCTOBER 13 THIS NEXT COMING MONTH IT WILL BE WHEN I SIGNED UP FOR THE REMEMBER ARMY SO WAS THE FIRST STARTING OF PUBLIC SERVICE. I GOT A 50 YEAR CLASS REUNION COMING UP SO I SOLD MY BUSINESS RECENTLY AND-LEARNED HOW TO FISH AGAIN SO WE TIME FOR ME AND MY WIFE TO ENJOY TRAVELING AND ABLE TO MAKE ALL THE GRAND KIDS BASEBALL GAMES, BASKETBALL GAMES AND STUFF LIKE THAT SO I JUST WANT TO LIKE I SAID NOVEMBER 9 WILL BE MY LAST DAY, THE DAY AFTER VETERANS DAY. I'M A PROUD VETERAN AND SO THAT GIVES PLENTY OF TIME HOPEFULLY FOR PEOPLE TO GO THROUGH THE PROCESS OF FILLING MY SEAT HERE. I JUST WANT TO SAY I APPRECIATE EVERYTHING THE STAFF AND THE CITY OF OAKLEY-I HAVE BEEN [INAUDIBLE COMMENTS] THANK YOU. (APPLAUSE) >> THANK YOU, VICE MAYOR FOR 50 YEARS OF PUBLIC SERVICE AND WE APPRECIATE ALL THE YEARS YOU SPENT IN OAKLEY AND PROVIDED THAT HERE. I'LL TURN IT OVER NOW TO OUR- >> SURE. VICE MAYOR HARDCASTLE DID LET ME KNOW BEFORE THE MEETING THIS WOULD TAKE PLACE SO WE DID RESEARCH. WE WILL BE ABLE TO ASSUMING THE CITY COUNCIL WOULD NOT WANT TO CALL FOR ELECTION THAT NEEDS TO BE A ITEM ON THE NEXT AGENDA FOR YOU TO DECIDE WHETHER TO HAVE A ELECTION OR APPOINTMENT WITH ONLY A YEAR LEFT ON THE TERM AND THE COST OF AN ELECTION WE RECOMMEND THAT YOU SEEK APPLICATIONS AND GO THROUGH AN APPOINTMENT PROCESS. WE COULD BEGIN THAT FAIRLY SOON. WE DID THIS MAYBE TWO YEARS AGO, THREE YEARS AGO WHEN COUNCIL MEMBER BURGUS RESIGNED SO WE HAVE A TEMPLATE AND WE HAVE A PROCESS. AGAIN, WE COULD START THAT PROCESS AND SOME REASON ON OCTOBER 8 YOU DECIDE NOT TO DO THE APPOINTMENT BUT DO THE ELECTION WE CAN SHIFT GEARS. OUR RECOMMENDATION IS OTHERWISE. SEE WHO MIGHT BE INTERESTED TO REPLACE THE VICE MAYOR AND ON BEHALF OF STAFF, THANK HIM FOR ALL OF THOSE YEARS NOT JUST HERE BUT WITH IRON HOUSE AND SANITARY DISTRICT WHERE WE WORKED SO MANY YEARS TOGETHER. IT VICE MAYOR INDICATED NOVEMBER 9 IT IS THE 12. WITH THE TIMING THAT APPEARS TO BE AVAILABLE THAT IS THE TIME WHERE WE PRESENT APPLICATIONS TO THE COUNCIL AND THEN THE VICE MAYOR IS ABLE TO PARTICIPATE IN THAT PROCESS IF YOU WANT TO DO IT THAT WAY. COULD HAVE INTERVIEWS, SEE WHAT COMES IN TO PRESENT TO YOU ON THAT DATE. UNLESS THERE IS ANY OTHER DIRECTION WE'LL HAVE THAT ON THE AGENDA NEXT MEETING FOR THE DECISION AND BEGIN TO POST UNLESS YOU LIKE TO DIRECT OTHERWISE. >> SO, WE'LL HAVE IT ON THE AGENDA FOR THE OFFICIAL VOTE NEXT WEEK AND NO HARM DONE STARTING THE PROCESS NOW TO SEEK THOSE WHO MIGHT BE WANT TO BE A REPLACEMENT. >> YES. >> ANY OTHER REQUESTS FOR FUTURE AGENDA ITEMS? WE DO NOT HAVE WORK SESSIONS OR CLOSED SESSIONS, SO I WILL ADJOURN. THANK YOU ALL FOR COMING. IT WAS SHORT AND SWEET AND WE'LL SEE YOU NEXT TIME. [MEETING ADJOURNED]
Minutes of the Joint Meeting of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency and Special Meeting of the Oakley Public Financing Authority held September 24, 2019 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 Claire Alaura called the meeting to order at 6:30 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. In addition to Mayor Alaura, Vice Mayor Doug Hardcastle and Councilmembers Sue Higgins, Randy Pope and Kevin Romick were present. 1.2 Pledge of Allegiance to the Flag (Addie Villeda, 5th Grade Student at Almond Grove Elementary School) 5th Grade Almond Grove Elementary School Student Addie Villeda led the Pledge of Allegiance. The City Council thanked her. 1.3 Proclamation to East Contra Costa Fire Protection District, Ironhouse Sanitary District and Diablo Water District for Special Districts Week Mayor Alaura presented proclamations to East Contra Costa Fire Protection District, Ironhouse Sanitary District and Diablo Water District to recognize special districts week, September 22-28, for special districts that serve the Oakley community. Brian Oftedal, President of the Board of Directors of East Contra Costa Fire Protection District, accepted the proclamation. Peter Zerkle, President of the Board of Directors, and Susan Morgan, Director, of Ironhouse Sanitary District, accepted the proclamation. Ed Garcia, President of the Board of Directors of Diablo Water District, accepted the proclamation. 2) PUBLIC COMMENTS Contra Costa Community College District Trustee Greg Enholm invited everyone to attend the District’s State of the District events. He mentioned they hold one event at all five of its locations which includes three colleges and two centers; the location that would be most convenient for the Oakley community will be held October 1 at the Los Medanos College Pittsburg Campus (Community Room L-109) beginning at 7 a.m. He concluded by mentioning he left information cards in the back of the room for people who are interested in attending. He thanked the City Council. No online comments were submitted for Public Comments or other agenda items.
3) CONSENT CALENDAR 3.1 Approve the Minutes of the Regular Joint Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Public Financing Authority Meeting held September 10, 2019 (Libby Vreonis, City Clerk) 3.2 Waive the second reading and adopt an Ordinance approving the Rezone for The Vines at Oakley Subdivision 9507 (Ken Strelo, Principal Planner) 3.3 Creating Zone 171 within the Oakley Special Police Tax Area consisting of the Shiloh Subdivision 8975 project located at the southwest corner of Main Street and Simoni Ranch Road (APN 034-250-011) (Kevin Rohani, P.E., Public Works Director/City Engineer) No public comments were submitted for the Consent Calendar. Mayor Alaura pulled item 1.3. It was moved by Councilmember Romick and seconded by Vice Mayor Hardcastle to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0) Item 1.3 City Clerk Libby Vreonis provided a correction to the meeting minutes. She mentioned on Page 4 of the minutes, under Section 2.0 for Public Comments, the last sentence of comments made by Mike Dupray should be revised to state, “He mentioned the homeless issue will get worse by this situation; it costs about $300k to leave people homeless, but only $50k to get them off the streets.” It was moved by Councilmember Romick and seconded by Councilmember Higgins to approve the minutes as amended. Motion was unanimous and so ordered. (5-0) 4) PUBLIC HEARINGS 4.1 Adoption of an ordinance of the City of Oakley extending a moratorium on the issuance or renewal of use permits, variances, building permits, business licenses or any other entitlements or permits providing for the use, commencement, establishment or operation of short-term rentals within the City of Oakley (Joshua McMurray, Community Development Director) The staff report was presented by Community Development Director Joshua McMurray. Mayor Alaura inquired if there is any other pending legislation that is dependent on what staff is researching on the issue in the ordinance. Mr. McMurray responded that he believes the court cases that staff was most concerned about have passed and staff has a good handle on the ordinance to be brought for the Council’s
consideration; staff needs a little more time to prepare a comprehensive ordinance so this safeguards the City in the meanwhile. Mayor Alaura announced there were no public comments submitted for item 4.1. Councilmember Romick commented that there are a number of lawsuits in progress that may impact how the City moves forward; therefore, it is good to wait for the lawsuits to go through the process before the City Council jumps in and makes laws that may be overturned in the near future. City Attorney Derek Cole commented that he is carefully watching legislation and litigation; when a significant ruling occurs one way another, staff will be sure to provide a proper, up to date, and legally complaint ordinance for the Council’s consideration. Mayor Alaura inquired if there is an expected time frame when the cases might come through. Mr. Cole responded he expects it could be in the next year, but with potential appeals, it could be a developing issue for the next two to three years, much like the cannabis issue was and still is. He added it is not an issue that is going to go away and he agrees at this point it is best to adopt the urgency ordinance, but he still feels strongly the permanent ordinance would be a lawful exercise of City authority based on current law. Mayor Alaura expressed concern that the moratorium may impact people who are following the rules. She mentioned there was a gentleman who attended a previous City Council meeting who indicated the moratorium adversely affects his income because short-term rentals supplement his income and his ability to pay his mortgage. She explained she appreciates staff taking time to do its due diligence and to research what other cities are doing to propose the ordinance, but she does not want to take away from those following the rules and the longer the City waits, perhaps there are others that would also suffer. She requested if it is safe to say that the City can put out the permanent ordinance, maybe the moratorium should only be extended three to six months. She explained a year seems a little excessive, especially since it is unknown how long it may take for other rulings to occur. Councilmember Romick explained that the City Council can pass an ordinance anytime within the next year; the time proposed gives the City Council time it may need if things should go differently, but if can be resolved quicker, the City Council can pass the ordinance before one year. He added it might only take a month or two. It was moved by Councilmember Romick and seconded by Councilmember Higgins to adopt the ordinance. AYES: Hardcastle, Higgins, Pope, Romick; NOES: Alaura. (4-1) 5) REGULAR CALENDAR-None 6) REPORTS 6.1 CITY MANAGER (a) City Manager City Manager Bryan Montgomery reported the City hosted a very successful Heart of Oakley Festival Saturday. He thanked residents for their participation in the festival and for their
patience with the road closure. He announced the City will host two events in October, Friday Night Bites on October 4 and the Harvest Festival on October 26 (both events will be held at Civic Center Plaza). 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 Councilmember Higgins reported she attended Contra Costa Community College District’s State of the District meeting September 19 and requested City Manager Bryan Montgomery follow up with Dr. Kratochvil to explore trade schools for Oakley. She also reported she attended a human trafficking workshop in Antioch which will be brought forward at the Mayors’ Conference in October. She announced the Oakley Library is looking for book donations. She reported she attended the Ironhouse Sanitary District meeting and the Jersey Island bridge is close to being completed. She mentioned the District is working on GPS mapping for the sewer system which is underneath so they can better track where repairs are needed. Mayor Alaura reported she attended the Contra Costa County Aviation Advisory meeting with Councilmember Romick where Contra Costa Transportation Authority provided a presentation regarding its expenditure plan and if the ballot measure passes, how it may tie into a connection between Vasco Road and the Byron airport. She announced the 20th Anniversary Committee brick sales began before the Heart of Oakley Festival and for anyone interested in purchasing a brick, it does not have to be to commemorate a dog; it can be purchased for any pet, a family member or business of which funds will go toward a shade structure for the dog park. She asked Recreation Manager Lindsey Bruno how many bricks were sold. Ms. Bruno responded that approximately a dozen bricks were sold. Councilmember Pope inquired where the bricks will be laid. Mayor Alaura explained that the bricks will be laid in the center of the round decorative cement area at the bottom of the stairs. Mayor Alaura announced she and Chef Stephane Tonnelier from the Oakley Bistro will participate in the Mayors’ Cook-off this Thursday; the event will be held in Todos Santos Plaza in Concord. She also announced the East Contra Costa Family Justice Center Grand Opening will be held Friday, September 27, and it will be a great asset to the community. Vice Mayor Doug Hardcastle announced he has decided to retire from the City Council. He shared that fifty years ago, he signed up for the U.S. Army on October 13, which was the start of his public service. He mentioned he sold his businesses recently, he is enjoying retirement, and it is time for him and his wife to travel and spend time with family. He indicated November 9, will be his last day. He expressed appreciation for everything staff and the City have done. He shared he has enjoyed his time in Oakley and he thanked everyone for their support. City Manager Bryan Montgomery commented that assuming the City Council does not want to call a special election due to cost, staff will place an item on the next agenda in which staff will recommend the appointment process for the remainder of the term (one year) and can solicit
applications in the meanwhile, but can shift gears if the decision is made otherwise. He thanked Vice Mayor Hardcastle for all of his years serving the Oakley community on the City Council and at Ironhouse Sanitary District. He mentioned Vice Mayor indicated November 9 as his last day, but November 12 is actually the City Council meeting date; staff can submit applications that date in which Vice Mayor Hardcastle can participate in reviewing, if the Council prefers. Mayor Alaura commented that it will be placed on the next agenda for an official vote, but it does not seem that there is any harm done to seek out now a replacement. (b) Requests for Future Agendas None. 7) WORK SESSION-None 8) CLOSED SESSIONS-None 9) ADJOURN There being no further business, the meeting was adjourned at 6:52 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 AND SPECIAL MEETING OF THE OAKLEY PUBLIC FINANCING AUTHORITY Tuesday, September 24, 2019 6:30 PM Oakley City Council Chambers, 3231 Main Street, Oakley, CA 94561 MISSION STATEMENT: The City of Oakley exists to build and enhance a quality community and to serve the public in a friendly, efficient, responsive manner. VISION STATEMENT: The City of Oakley will be recognized as a model of civic participation and a vibrant Delta community where families live, work, play, shop and visit. 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. We provide social media options to stay connected to City Hall through Facebook, Twitter, Next Door and Instagram. Other opportunities to connect with City Hall include Peak Democracy, Oakley OnDemand and Constant Contacts. Please contact us at (925) 625-7000 for additional information or visit our website at www.oakleyinfo.com If you have a physically challenging condition and require special accommodations, please call the City Clerk’s office at (925) 625-7013. 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. 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 1.2 Pledge of Allegiance to the Flag (Addie Villeda, 5th Grade Student at Almond Grove Elementary School) 1.3 Proclamation to East Contra Costa Fire Protection District, Ironhouse Sanitary District and Diablo Water District for Special Districts Week Proclamation ISD Proclamation ECCFPD Proclamation DWD 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 State Law, however, no action or discussion may take place on any item not appearing on the posted agenda. The Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority may respond to statements made or questions asked or may request Staff to report back at a future meeting on the matter. The exceptions under which the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code §54954.2(b)(1)(2)(3). Members of the public should submit any Speaker Cards for Public Comments in advance of the Mayor calling for Public Comments. 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 2
any Speaker Cards related to the Consent Calendar in advance of the Consent Calendar being considered. 3.1 Approve the Minutes of the Regular Joint Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Public Financing Authority Meeting held September 10, 2019 (Libby Vreonis, City Clerk) Minutes 9-10-19 3.2 Waive the second reading and adopt an Ordinance approving the Rezone for The Vines at Oakley Subdivision 9507 (Ken Strelo, Principal Planner) Ordinance 3.3 Creating Zone 171 within the Oakley Special Police Tax Area consisting of the Shiloh Subdivision 8975 project located at the southwest corner of Main Street and Simoni Ranch Road (APN 034-250-011) (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. Resolution Creating Oakley Special Police Tax Zone 171 1A. Exhibit A - Diagram 2. Ordinance Establishing a Special Tax 2A. Exhibit A – Diagram 2B. Exhibit B – Schedule for Police Service Tax 4. PUBLIC HEARINGS 4.1 Adoption of an ordinance of the City of Oakley extending a moratorium on the issuance or renewal of use permits, variances, building permits, business licenses or any other entitlements or permits providing for the use, commencement, establishment or operation of short-term rentals within the City of Oakley (Joshua McMurray, Community Development Director) Suggested Action: Staff recommendation: 1) Open the Public Hearing, 2) Receive the Staff Report, 3) Receive Questions from the City Council, 4) Receive Public Testimony, 5) Close the Public Hearing, 6) Deliberate, 7) Summarize the Deliberation, and 8) Adopt the Ordinance (requires 4/5 vote) Staff Report 1. Proposed Ordinance 2. Ordinance No. 17-18 3. November 13, 2018 Staff Report regarding the Short Term Rental Moratorium 4. Ordinance No. 21-18 5. October 8, 2018 Staff Report regarding the Short Term Rental Moratorium (includes the September 25, 2018 Staff Report) 5. REGULAR CALENDAR 3
6. REPORTS 6.1 CITY MANAGER (a) City Manager 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 (b) Requests for Future Agendas 7. WORK SESSION 8. CLOSED SESSIONS 9. ADJOURN 4
Proclamation D e c l a r i n g S e p t e m b e r 2 2 n d t o t h e 2 8 t h a s S p e ci al D is t ri c ts W e e k WHEREAS, special districts are local governmental entities created by a community’s residents, funded by those residents, and overseen by those residents to provide specialized services and infrastructure; and WHEREAS, over 2,000 independent special districts provide millions of Californians with essential services, including services related to water, sanitation, fire protection, flood protection, mosquito abatement, cemeteries, resource conservation, airports, transit, road maintenance and more; and WHEREAS, local residents own special districts and govern them through locally elected or appointed boards and these special districts are required to be transparent and accountable to the communities they serve, adhering to all the laws that require open and public meetings, public access to records, regular audits, online posting of finances and compensation; and WHEREAS, in 1969 several independent special districts formed a statewide association called the California Special Districts Association to promote good governance through professional development, advocacy, and other services for all types of independent special districts; and WHEREAS, on behalf of the residents of Oakley, the Oakley City Council desires to thank and recognize the many special districts that serve the community. NOW, THEREFORE, BE IT RESOLVED that I, Claire Alaura, the Mayor of the City of Oakley, do hereby join my fellow City Councilmembers and the California State Legislature in proclaiming the week of September 22 nd to the 28 th , 2019 as “Special Districts Week,” and with deepest gratitude presents this proclamation to the Ironhouse Sanitary District. Claire Alaura, Mayor 5
Proclamation D e c l a r i n g S e p t e m b e r 2 2 n d t o t h e 2 8 t h a s S p e ci al D is t ri c ts W e e k WHEREAS, special districts are local governmental entities created by a community’s residents, funded by those residents, and overseen by those residents to provide specialized services and infrastructure; and WHEREAS, over 2,000 independent special districts provide millions of Californians with essential services, including services related to water, sanitation, fire protection, flood protection, mosquito abatement, cemeteries, resource conservation, airports, transit, road maintenance and more; and WHEREAS, local residents own special districts and govern them through locally elected or appointed boards and these special districts are required to be transparent and accountable to the communities they serve, adhering to all the laws that require open and public meetings, public access to records, regular audits, online posting of finances and compensation; and WHEREAS, in 1969 several independent special districts formed a statewide association called the California Special Districts Association to promote good governance through professional development, advocacy, and other services for all types of independent special districts; and WHEREAS, on behalf of the residents of Oakley, the Oakley City Council desires to thank and recognize the many special districts that serve the community. NOW, THEREFORE, BE IT RESOLVED that I, Claire Alaura, the Mayor of the City of Oakley, do hereby join my fellow City Councilmembers and the California State Legislature in proclaiming the week of September 22 nd to the 28 th , 2019 as “Special Districts Week,” and with deepest gratitude presents this proclamation to the East Contra Costa Fire Protection District. Claire Alaura, Mayor 6
Proclamation D e c l a r i n g S e p t e m b e r 2 2 n d t o t h e 2 8 t h a s S p e ci al D is t ri c ts W e e k WHEREAS, special districts are local governmental entities created by a community’s residents, funded by those residents, and overseen by those residents to provide specialized services and infrastructure; and WHEREAS, over 2,000 independent special districts provide millions of Californians with essential services, including services related to water, sanitation, fire protection, flood protection, mosquito abatement, cemeteries, resource conservation, airports, transit, road maintenance and more; and WHEREAS, local residents own special districts and govern them through locally elected or appointed boards and these special districts are required to be transparent and accountable to the communities they serve, adhering to all the laws that require open and public meetings, public access to records, regular audits, online posting of finances and compensation; and WHEREAS, in 1969 several independent special districts formed a statewide association called the California Special Districts Association to promote good governance through professional development, advocacy, and other services for all types of independent special districts; and WHEREAS, on behalf of the residents of Oakley, the Oakley City Council desires to thank and recognize the many special districts that serve the community. NOW, THEREFORE, BE IT RESOLVED that I, Claire Alaura, the Mayor of the City of Oakley, do hereby join my fellow City Councilmembers and the California State Legislature in proclaiming the week of September 22 nd to the 28 th , 2019 as “Special Districts Week,” and with deepest gratitude presents this proclamation to the Diablo Water District. Claire Alaura, Mayor 7
Minutes of Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority Meeting held September 10, 2019 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 Claire Alaura called the meeting to order at 6:31 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. In addition to Mayor Alaura, Vice Mayor Doug Hardcastle and Councilmembers Sue Higgins, Randy Pope and Kevin Romick were present. 1.2 Pledge of Allegiance to the Flag (Cole Sicheneder, 3rd Grade Student at Laurel Elementary School) 3rd Grade Laurel Elementary School Student Cole Sicheneder led the Pledge of Allegiance. The City Council thanked him. 1.3 Proclamation Recognizing September as National Suicide Prevention + Action Month Mayor Alaura read the proclamation. 2) PUBLIC COMMENTS Dan Mendoza commented on Garwood Lane between Norcross Lane and Landis Avenue. He submitted a correction notice, map and photos which were made part of the meeting record. He explained children use the dirt path on Garwood Lane to travel to and from school, the County maintained the path until the City incorporated, then property owners adjacent to Garwood Lane were told by the City that they are responsible for maintaining it. He commented that there are garbage cans maintained by contractors at Koda Dog Park and inquired what is more important, dogs or kids. He requested the City maintain Garwood Lane. He also commented that he supports the schools of closing of the parks. Mayor Alaura inquired if Garwood Lane is a private road. City Manager Bryan Montgomery responded it is a public alley, but if debris or landscape encroach onto it, the property owners are responsible to maintain it and this is why Mr. Mendoza received a correction notice. Mr. Mendoza commented he wants to see it maintained by the City. Mayor Alaura inquired if Mr. Mendoza has connected with City staff to discuss the matter. 8
Mr. Mendoza commented he and City staff have been leaving messages for one another; however, the property was always maintained by the County. Mr. Montgomery mentioned he has left messages for Mr. Mendoza as Mr. Mendoza indicated and he is happy to meet with him to discuss the matter further. Mr. Mendoza commented he wants to discuss the matter with the City Council. Mayor Alaura explained the item is not on agenda; therefore, the City Council cannot have a discussion on the matter, but he is welcome to work with staff, then it can be considered as an agenda item. Marc Smith commented he is representing his grandparents in regard to rent increases in their neighborhood. He explained lease amendments have been presented to tenants to extend residency for 1 year; however every 3 months a 5% increase will be imposed. He further explained tenants receive fixed income, the average rent is currently $800 per month and the stated increase will leave tenants very little money for food and other expenditures. He shared many are not fortunate to have family around to assist, they are in need of help and not certain where to turn; therefore, they are looking for guidance and where to explore resolution. Councilmember Pope inquired which development is being discussed. Councilmember Romick responded it is the housing behind Lucky's called Summer Creek. He mentioned a number of speakers may have the same problem and explained the City Council does not regulate rent. He mentioned the City Council can provide a letter of support and this is not an issue unique to this development; other developments are going through similar issues. City Manager Bryan Montgomery expressed empathy. He explained the City has no jurisdiction and is powerless to regulate rent because State and Federal law regulates rent. He shared that the City can provide information regarding which agencies tenants can contact and invited tenants to let the City know if it can provide letters of support or make calls, but the City does not regulate rent. Mr. Smith thanked the City Council and commented he hopes to have the City's support moving forward. Adriana Smith commented that because of the rent increase, some tenants have moved to other affordable housing, relocated to other states, or they are at the mercy of their families for support. She shared it is disheartening to see low-income housing in the hands of corporate greed that has increased rent to a point in which residents have little money for food; most people spend more at Starbucks than the amount of money tenants have left after paying rent. She shared Summer Creek is a wonderful community, police and fire are responsive, her parents are proud to live there, she feels safe knowing her parents live there, it is ideal since it is close to stores, and it is a good place to live, but it is all going away because of corporate greed; tenants are being pushed out. She commented tenants are relying on the City Council as its elected leaders to champion for them. She asked the City Council to please help her parents. Patricia Solari commented she is the daughter of a tenant at Summer Creek who is 95 years old and she won’t go through her speech because the City Council has already put them down. She inquired what can be done to help tenants. She explained many are disabled and many will be homeless in result of the rent increase which will cost the County more. She further explained 9
rent is expected to be raised to $1,395 in the next 5 months and she is already subsidizing $500 per month to her mom for her to live there. She shared it was good up until a year ago when rent increases were announced. She mentioned there is an average 2-4 year waiting list for other places in the area and she has to be close to her mom to take care of her. Mr. Montgomery mentioned forms with contact information for agencies the tenants can contact are now available on the back table. He encouraged residents to call and let the City know how it can help. He mentioned it may be that the corporation is allowed under Federal law to charge the increases in rent. He added that the State legislature is working on something, but the City does not regulate rent. Councilmember Romick commented he lives near Summer Creek and remembers when it was built. He shared that the new management or ownership may have the ability under Federal law to catch up with rent increases; rather than raising rent each year, they raise it at once to catch up. He expressed empathy and support, but explained the City does not regulate rent; State and Federal laws regulate rent. He mentioned AB 1482 was just approved in the State legislature to address rent control. Ms. Solari commented she is here because she was told the County was going to pass rent control. Councilmember Romick commented the County Board of Supervisors is the appropriate body to speak with regarding County matters. He mentioned the City will support and can call the organizations, but cannot regulate State and Federal law. Diane Spurrier commented she is a resident of the Section 42 program also known as low- income housing and affordable housing and believes the rent increase and the way tenants are being treated is emotional and psychological elder abuse. She explained some tenants are limited to their homes due to their health and the property management is aware residents are on fixed income. She requested the City Council stand behind the tenants, help write letters, and represent the people of Oakley. She mentioned she will be contacting the Attorney General’s Office because they can’t get representatives behind them to do something. Vicki Morgan commented her mother and aunt live in Summer Creek and she understands the City Council’s position. She mentioned the construction at Laurel and Empire is a traffic nightmare and she hopes crews can start work after school traffic in the mornings, bury plates in the streets so cars are not damaged, and pour concrete correctly. She explained her car rims were dented because of the many times she has had to drive over construction plates and her tires have divots from the concrete; she believes the workers should have to do it right. She inquired who is responsible for trash, car parts and animals on the major arterial roads. Mayor Alaura responded that the responsibility depends on the area where the trash is located; if it is around 7-Eleven, she believes it is the store’s responsibility. She added that animal control handles dead animals and street trash is handled by the City’s contractor for street sweeping. Ms. Morgan commented animal control does not pick up the dead animals. Margaret Berry commented she is a Summer Creek resident and the rent increase is criminal and unjust. She explained tenants are forced to sign an income statement that they make less than $62k per year and are provided no copy of what they have signed. She spoke of someone 10
named Maria who took information to the tax credit board and has used strong arm tactics at Summer Creek. She explained tenants have had at least 10 inspections and are uncertain what they are for; in result, tenants are being given only 3 days’ notice to correct issues or they have to get out. She commented it is abnormal treatment and the owners are out of state and using the tax basis/credit for its own means. She expressed she is tired of living under duress and under tyranny. She stated this is America, not Mexico where Maria is from. She explained she has been realtor since 1979 and she knows what they are doing is not right. She shared she is 75 years old, angry, and moving people is wrong. Vice Mayor Hardcastle suggested if she believes criminal activity is involved and wants to speak with someone more local, she might try contacting the District Attorney’s Office. Mike Dupray commented he is proud of the seniors. He recommended the City Council participate in their meetings to try and proactively address the rent increases rather than just telling tenants to make calls. He explained there is no COLA next year but the CPI is going up and housing is generally recommended to be 1/3 of a household income, but in this situation, it far exceeds that recommendation. He expressed he understands hands may be tied, but it is worth going after as the federal government is not the end all, they just need to find a work- around. He mentioned the homeless issue is going to get worse by this situation; it costs over $300k to help homeless, but only $50k to help people get housing. Mark Foley introduced himself as the newest director of BART. He commented he is looking forward to working with the City to jointly address transportation matters to make the region move better. Councilmember Romick requested Mr. Foley work with staff to set up a report to the Council twice a year which Mr. Foley was agreeable to do. Mayor Alaura announced the City Council received a handful of comments from people regarding rent increases at Summer Creek who do not want to speak, but would like their comments submitted for the meeting record and they will be entered into the meeting record (infra). Sandra Johnson submitted comments that rent increases began at Summer Creek in 2018 and since January 2019, increases have been
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