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>> 1.3 , PROCLAMATION RECOGNIZING LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY. WHO IS RECEIVING IT? LAW ENFORCEMENT RECORDS THAT SUPPORT PERSONNEL APPRECIATION DAY, A FEW DAYS AGO , NOVEMBER 10th, 2023 , WHERE THE CITY COUNCIL OF THE CITY OF OAKLAND APPRECIATES THE VALUABLE CONTRIBUTIONS OF OUR EMPLOYEES TO THE COMMUNITY AND WHEREAS , THE CITY COUNCIL WISHES TO SPECIFICALLY RECOGNIZE AND COMMAND POLICE RECORDS ASSISTANCE AND POLICE SERVICE ASSISTANCE FOR THEIR OUTSTANDING DEDICATION , HARD WORK, AND TEAM EFFORT IN THE ROLES AS POLICE SUPPORT PERSONNEL. AND WHEREAS , THE OAKLEY POLICE SUPPORT PROFESSIONALS CONSISTENTLY DEMONSTRATE EXEMPLARY SERVICE TO COMMUNITY MEMBERS AS WELL AS OTHER LOCAL, STATE, COUNTRYWIDE LAW ENFORCEMENT AGENCIES AND WHEREAS ALSO DEMONSTRATED IS EXCELLENT ATTENTION TO DETAIL WITH QUALITY CONTROL , INVENTORY , AND DISPOSITION OF EVIDENCE AND EFFECTIVE COMMUNICATION WITH COURTS 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 SERVICES TASKS , WHICH PROVIDE STAFF WITH ASSISTANCE IN AREAS OF DATA ENTRY, FILING, AND REPORT RELEASES ALONG WITH POSITIVE AND ENERGETIC ATTITUDES MAKE FOR A PRODUCTIVE AND PLEASANT WORKPLACE, AS WELL AS A RING FOR A MULTIPLIER FOR THE OAKLEY POLICE DEPARTMENT. THEREFORE, BE IT PROCLAIMED THAT I AARON MEADOWS ON BEHALF OF THE OAKLEY CITY COUNCIL DO HEREBY PROCLAIM NOVEMBER 10th, 2023 AS LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY IN THE CITY OF OAKLEY AND EXTEND OUR GRATITUDE TO OAKLEY POLICE DEPARTMENT RECORD STAFF AND SUPPORT PERSONNEL FOR THEIR DEDICATED SERVICE TO OUR COMMUNITY , THEIR DILIGENCE, AND COMMITMENT TO KEEPING OUR CITY AND CITIZENS SAFE. THANK YOU. 1.4, RISEN TATIAN ON THE MARSH CREEK WATERSHED COUNSEL AND FRIENDS OF MARSH CREEK WATERSHED , VICTORIA WOOLFOLK . >> HELLO, MY NAME IS VICTORIA WOOLFOLK AND I AM EXCITED TO BE HERE TONIGHT TO TALK TO YOU ABOUT SOME OF THE COMMUNITY GROUPS IN THE MARSH CREEK WATERSHED. HERE IS AN OVERVIEW OF WHAT I'M GOING TO BE TALKING ABOUT TONIGHT. FOR SOME GOING TO TALK ABOUT WHAT THAT CONTRA COSTA RESOURCE CONVERSATION DISTRICT IS , WITH THE FRIENDS OF MARSH CREEK WATERSHED ARE, WHAT THE WATERSHED COUNCIL IS , HOW THESE GROUPS CAN HELP SUPPORT YOUR WORK AT THE CITY, AND HOW YOU CAN HELP SUPPORT THESE GROUPS , AND THEN WE WILL WRAP IT UP WITH ANY QUESTIONS YOU HAVE. FIRST UP, I AM A WATERSHED CONSERVATION COORDINATOR WITH THE CONTRA COSTA RESOURCE CONSERVATION DISTRICT. THAT'S QUITE A MOUTHFUL SO YOU WILL HEAR ME REFER TO THAT AS THE CCRCD OR JUST THE RCD. WE ARE A NONREGULATORY SPECIAL DISTRICT OF THE STATE GOVERNED BY A BOARD OF DIRECT OTHERS WHO ARE APPOINTED BY THE COUNTY BOARD OF SUPERVISORS. OUR MISSION STATEMENT IS TO FACILITATE THE CONSERVATION AND STEWARDSHIP OF THE NATIONAL RESOURCES IN CONTRA COSTA COUNTY. WHAT DO WE LOOK LIKE AND HOW DO WE ACTUALLY OPERATE? WE DO RECEIVE ABOUT 20% OF OUR OVERALL FUNDS FROM TAX REVENUE , BUT MAJORITY OF OUR FUNDING COMES FROM CONTRACTS AND GRANTS. WE REALLY OPERATE MORE LIKE AN ENVIRONMENTAL NONPROFIT. RCD'S WERE ESTABLISHED IN OUR NATION AFTER THE DUSTBOWL IN THE 1930S. THEY WERE STARTING TO CONSERVE WATER , SOIL, AND WILDLIFE HABITAT TO PREVENT ANOTHER DUSTBOWL FROM HAPPENING. FAST-FORWARD TO TODAY, MOST RESOURCE CONSERVATION DISTRICTS , AND THERE IS ONE IN MOST COUNTIES IN BOTH CALIFORNIA AND THE NATION, THEY HAVE FIXED THEIR PROGRAMS TO FIT THE NEEDS IN THAT COUNTY. THESE ARE THE PROGRAMS AT OUR RCD. BEFORE I DESCRIBE EACH PROGRAM, I WANT TO NOTE THAT ENVIRONMENTAL EDUCATION IS A COMMON THEME AND GOAL THROUGHOUT ALL OF OUR WORK THROUGHOUT AGRICULTURE PROGRAM, OUR ACTING PROVIDES FREE OF CHARGE TECHNICAL ASSISTANCE TO FARMERS AND RANCHERS THROUGHOUT THE COUNTY. ON OUR WILDFIRE CONSERVATION AND RESILIENCE PROGRAM, ALEJANDRA WORKS TO ADVANCE THE GOALS OF THE ALAMEDA AND CONTRA COSTA REGIONAL WILDFIRE PREVENTION PLAN , ALSO BY PROVIDING TECHNICAL ASSISTANCE TO INDIVIDUALS , COMMUNITIES AND AGENCIES AND THIS DOCUMENT WAS DEVELOPED BY THE CC RCD AND THE ALAMEDA RCD AND IT WAS DEVELOPED TO IDENTIFY REGIONAL RATIONAL RESOURCES THAT COULD BE EXACERBATED BY CATASTROPHIC WILDFIRE AND TO BUILD PROJECTS OR OTHER METHODS TO REMEDY THOSE ISSUES AHEAD OF A LARGE WILDFIRE. OUR MONARCH AND POLLINATOR CONSERVATION PROGRAMS GOAL IS TO INCREASE MONARCH AND OTHER POLLINATOR HABITAT AS WELL AS SPREAD KNOWLEDGE AND AWARENESS OF THE IMPORTANCE OF MONARCHS AND POLLINATORS THROUGHOUT OUR COUNTY. OUR ECO-STEWARD TEAM IS OUR FIELD CREW WHO WORKS TO CONTROL INVASIVE WEEDS AND MAINTAIN HABITAT RESTORATION PROJECTS ON A CONTRACTUAL AND GRANT BASIS. FINALLY, OUR WATERSHED TEAM , GENERALLY WORKS TO IMPROVE THE HEALTH OF OUR WATERSHEDS THROUGHOUT OUR COUNTY. I WORKED ON OUR WATERSHED TEAM AND ON OUR WATERSHED TEAM , WE DIVIDE OUR WORK BY WATERSHED. I WORKED IN THE MARSH CREEK WATERSHED. THIS IS A MAP OF THE MARSH CREEK WATERSHED. AS YOU CAN SEE, IT STARTS ON THE EASTERN SIDE OF MOUNT DIABLO AND WE FOLLOW MARSH CREEK ALONG MARSH CREEK ROAD DOWN THROUGH BRENTWOOD , AND DOWN THROUGH OAKLEY , WHERE WE EXIT INTO THE DELTA THROUGH THE NEWLY RESTORED DUTCH SLOUGH TITLE MARSH. AS A PART OF MY ROLE AS A WATERSHED COORDINATOR IN THIS WATERSHED, I WORKED TO SUPPORT SOME OF THE COMMUNITY GROUPS IN THE WATERSHED FOR THE FIRST ONE I'M GOING TO TALK ABOUT IS THE FRIENDS OF MARSH CREEK WATERSHED , WHICH IS A NONPROFIT ORGANIZATION THAT HAS BEEN ACTIVE SINCE 2004. HISTORICALLY, THE GROUP ESTABLISHED NATIVE PLANT GARDENS, ORGANIZE TRASH CLEANUPS, EDUCATIONAL EVENTS, PROVIDED INPUT ON LARGER RESTORATION PROJECTS , AND MORE, BUT HAS JUST TAKEN A FEW YEARS BREAK. OUR GROUP IS CURRENTLY IN VERY GRADING THE VOLUNTEER BASE AND GETTING STARTED AGAIN. IN ORDER TO ACHIEVE THIS, THEY RECENTLY LAUNCHED A SPEAKER AND WORKDAY SERIES WHERE THEY HOSTED SPEAKER EVENTS FROM EXPERTS ON DIFFERENT TOPICS REGARDING TO WATERSHED HEALTH , AND THOSE SPEAKER EVENTS CORRELATED TO WORKDAYS. IN THE FIELD WHERE WE HAD VOLUNTEER EVENTS. THERE IS TWO MORE OF THESE EVENTS LEFT . THE NEXT IS A SPEAKER EVENT , AND IT IS GOING TO BE ON THIS THURSDAY , NOVEMBER 16th AT 7:00 P.M. IT IS GOING TO BE AT THE LIBERTY UNION HIGH SCHOOL DISTRICT BOARD ROOM IN BRENTWOOD AND WE ARE GOING TO BE JOINED BY JOHN STIER WHO IS GOING TO SHARE ABOUT GREEN INFRASTRUCTURE. THE NEXT WORKDAY EVENT IS ON SATURDAY DECEMBER 2nd AT 9:00 A.M. WE ARE GOING TO MEET AT SOME GOLD PARK IN BRENTWOOD WHERE WE WILL LEARN ABOUT THE THREE CREEKS RESTORATION PROJECT AND VISIT SOME OF THE GREAT INFRASTRUCTURE FEATURES OF THIS PROJECT, AND THEN TAKE SOME DATA ON A STORMWATER DETENTION BASIN THERE , AND OF COURSE PICK UP TRASH. ANYONE IS WELCOME AT THESE EVENTS, SO I HIGHLY ENCOURAGE ANYONE TO JOIN US. I REALLY THINK OF THE FRIENDS OF MARSH CREEK WATERSHED AS A VOLUNTEER, HANDS IN THE DIRT GROUP. THEY LIKE TO BE OUTSIDE , PICKING UP TRASH, TAKING CARE OF NATIVE PLANTS, AND MORE. WHEREAS, THE MARSH CREEK WATERSHED COUNSEL IS MORE OF A PLANNING, THINKING, ADVICE GROUP. THE MARSH CREEK WATERSHED COUNSEL STARTED MEETING IN THE SPRING OF 2022. WE ARE JUST OVER A YEAR AND A HALF OLD, VERY NEW, AND THE GROUP IS STILL WORKING ON WHAT EXACTLY THEY WANT TO LOOK LIKE, WHAT THEY WANT TO ACHIEVE , BUT SO FAR HAS DEVELOPED A MISSION STATEMENT , VISION STATEMENT, AND GUIDING PRINCIPLES. I WILL READ THE MISSION STATEMENT. THE MARSH CREEK WATERSHED COUNSEL CONNECTS AND INSPIRES PEOPLE AND COMMUNITIES TO COLLABORATE, ORGANIZE, AND FACILITATE STEWARDSHIP OF A HEALTHY, THRIVING WATERSHED. AS YOU CAN SEE, IT REALLY HIGHLIGHTS THAT BRINGING PEOPLE TOGETHER TO TALK ABOUT THINGS. THE GROUP MEETS ON THE LAST TUESDAY OF EVERY MONTH AT 4:00 P.M. ON ZOOM AND IT IS MORE OF A FORUM FOR PEOPLE FROM THE COMMUNITY, AGENCIES, ORGANIZATION, REALLY ANYONE WHO IS INTERESTED IN THE WATERSHED , TO COME TOGETHER AND SHARE IDEAS AND THOUGHTS. THE GROUP IS EXCITED BECAUSE WE RECENTLY HOSTED A LOGO CONTEST AND VOTED ON IT AT OUR LAST MEETING. THE LOGO YOU SEE ON THE SCREEN WAS THE WINNING LOGO. THIS IS NOT THE FINALIZED LOGO. WE ARE STILL WORKING WITH THE ARTIST, BUT THE GROUP IS EXCITED TO HAVE A LOGO. THESE MEETINGS ARE ALSO OPEN TO ANYONE TO JOIN. THESE ARE SOME OF THE GROUPS THAT PARTICIPATE IN THE MARSH CREEK WATERSHED COUNSEL. YOU CAN SEE THERE IS QUITE A LOT OF DIFFERENT GROUPS , SOME AGENCIES, SOME NONPROFITS, A NATIVE TRIBE , AND MORE. AND THESE GROUPS REALLY HAVE EXPERTS IN WATERSHED HEALTH. YOU HAVE PEOPLE WHO ARE HEADING FOR RESTORATION PROJECTS SUCH AS THE DUST SLEUTH RESTORATION, THE THREE CREEKS RESTORATION. WE HAVE FLOOD CONTROL WHO ATTENDS THE MEETINGS, WHO MANAGES A LOT OF OUR FLOOD CONTROL CHANNELS THROUGHOUT THE COUNTY. IT'S A GROUP WITH A LOT OF EXPERTISE. THAT BRINGS US TO HOW THESE GROUPS CAN HELP SUPPORT YOUR WORK. THE FRIENDS OF MARSH CREEK WATERSHED CONSERVES A VOLUNTEER BASE FOR PROJECTS RELATED TO CREEKS OR WILDLIFE. IF YOU ARE HAVING A NATIVE PLANT PLANTING AND NEED EXTRA HANDS , YOU NEED SOME TRASH PICKED UP IN AN AREA, THEY WOULD BE A GREAT GROUP TO PARTNER WITH. THEY ALSO TABLE DURING AND SUPPORT EVENTS . THEY RECENTLY TABLED AT THE HEART OF OAKLEY FESTIVAL . THEY HAVE PREVIOUSLY PARTICIPATED IN OAKLEY SCIENCE WEEK AND WOULD LIKE TO PARTICIPATE IN IT IN THE FUTURE AS WELL. AND THEN THE MARSH CREEK WATERSHED COUNSEL , IT'S A GREAT PLACE TO GET PUBLIC COMMENTS ON PLANS OR DOCUMENTS THAT YOU HAVE. THEY CAN PROVIDE ADVICE OR FEEDBACK ON PROJECTS ADJACENT TO OR NEAR CREEKS . THIS GROUP DOES HAVE PEOPLE WHO ARE EXPERTS IN CREEK AND WATERSHED HEALTH. LETTERS OF SUPPORT, LET'S SAY THE CITY OF OAKLAND IS GOING AFTER A GRANT AND IT WOULD HELP IMPROVE THE WATERSHED HEALTH. THIS GROUP MIGHT BE ABLE TO HELP WRITE A LETTER OF SUPPORT TO HELP YOU GET THAT GRANT. THE RCD, WE CAN SUPPORT YOU ON VARIOUS PROJECTS. FOR EXAMPLE, IF YOU HAVE AN AREA OF LAND THAT IS KIND OF IGNORED, YOU DON'T KNOW WHAT TO DO WITH IT, BUT YOU THINK A NICE NATIVE PLANT GARDEN MIGHT LOOK NICE AND MIGHT BENEFIT YOU AND THE COMMUNITY . YOU CAN REACH OUT TO US AND WE MIGHT BE ABLE TO HELP YOU FIND FUNDING AND IMPLEMENT AND PUT IN A NATIVE PLANT GARDEN THAT WOULD SUPPORT OUR NATIVE POLLINATORS. WE CAN ALSO PROVIDE ADVICE OR SUPPORT ON MITIGATION NEEDS OR PROJECTS. OUR AGENCY IS REALLY GOOD AT CONNECTING PEOPLE AND AGENCIES AND GROUPS . WE HAVE HELPED CONNECT DEVELOPERS TO CITIES THROUGHOUT OUR COUNTY THAT NEED MITIGATION WORK . AND THEN FINALLY WE CAN PROVIDE ADVICE OR SUPPORT ON NATURAL RESOURCE FOCUSED GRANTS. SAY YOU HAVE A PROJECT THAT YOU WANT TO IMPLEMENT BUT DON'T REALLY KNOW HOW TO FIND FUNDING . WE MIGHT BE ABLE TO HELP YOU IF IT ALIGNS WITH OUR MISSION. HOW CAN YOU SUPPORT THESE GROUPS? FOR THE FRIENDS, YOU CAN INCLUDE THEM IN TABLING EVENTS, INVITE THEM TO COMMUNITY SERVICE EVENTS AND COMMUNITY EVENTS IN GENERAL. ATTEND ANY WORKDAYS AND EDUCATIONAL SPEAKER EVENTS WHEN INTERESTED , OR EVEN ONE NOT INTERESTED. YOU NEVER KNOW WHAT IS GOING TO SPARK YOUR INTEREST OR PASSION. AND THEN HELP THE GROUP OUTREACH ABOUT EVENTS AND MEETINGS. WE ARE SO THANKFUL BECAUSE YOU HAVE ALREADY BEEN DOING THIS. CAN AT THE CITY HAS BEEN KIND ENOUGH TO GET THE FRIENDS OF MEETINGS ON THE CITY OAKLEY NEWSLETTER AND THAT HAS BEEN REALLY HELP WILL. THE MARSH CREEK WATERSHED COUNSEL , AGAIN, KEN HAS BEEN AMAZING. WE REALLY APPRECIATE THE CITY FEEDBACK AT OUR COUNCIL MEETINGS, BUT IF YOU THINK ANY OTHER STAFF WOULD BENEFIT FROM ATTENDING THESE MEETINGS , PLEASE SEND THEM OUR WAY. IT'S ONLY AN HOUR AND A HALF ONCE PER MONTH. IT IS NOT THAT MUCH TIME. FINALLY, PROJECTS RELATED TO PLANTS, CREEKS, WILDLIFE, WATERSHEDS, FIRE, ET CETERA TO THE COUNCIL MEETINGS . ALL YOU HAVE TO DO IS SEND ME AN EMAIL AND I WILL RESERVE TIME ON THE AGENDA FOR YOU TO PRESENT ON YOUR PROJECT AND TO RECEIVE FEEDBACK ON IT. FINALLY, ATTEND MEETINGS. ANYONE IS WELCOME AT THESE MEETINGS AND THE MORE PEOPLE WE HAVE COMMUNICATING AND COLLABORATING WITH EACH OTHER, THE MORE WE CAN ACTUALLY ACHIEVE AND GOOD WE CAN ACCOMPLISH. THE RCD , JUST KNOWING WE EXIST AND MAYBE WILL BE ABLE TO HELP SUPPORT YOU ON PROJECTS THAT FIT WITH OUR MISSION AND FEEL FREE TO CONTACT US ANYTIME. AND THAT IS ALL I HAVE FOR YOU TODAY. YOU CAN USE THE QR CODES TO ACCESS AND SIGN UP FOR THE EMAIL LIST FOR THESE GROUPS AS WELL AS ABUSIVE INFORMATION ON OUR WEBSITE SO THANK YOU FOR ALLOWING ME TO SPEAK TODAY AND I WILL ANSWER ANY QUESTIONS. SMOKE ARE THERE ANY QUESTIONS FROM COUNSEL? COUNCILMEMBER FULLER? >> YOU MENTIONED AGRICULTURE , HOW DOES THAT FIT WITHIN YOUR GOALS FOR YOUR MISSING >> OUR AGRICULTURE TEAM WORKS WITH PRODUCERS AND WORKING LAND OWNERS AND MANAGERS TO IMPLEMENT MORE SUSTAINABLE PRACTICES AND SEE HOW WE CAN SUPPORT THEM TO CONSERVE THEIR SOIL OR INCREASE BIODIVERSITY AND HABITAT ON THEIR LAND . FOR EXAMPLE, SOMETHING WE ARE DOING RIGHT NOW BECAUSE IT IS FALL, PLANTING A LOT OF NATIVE HEDGEROW , WHICH IS ESSENTIALLY A LOT OF DIFFERENT NATIVE PLANTS ALONG THE EDGES OF FARMS AND WORKING LANDS. THAT HELPS PREVENT RUNOFF. IT HELPS BRING THINGS LIKE HAWKS TO THE LAND THAT MIGHT HUNT RATS . AND THEN WE CAN HELP THEM APPLY FOR DIFFERENT PROGRAMS AND GRANTS SUCH AS THE HEALTHY SOILS PROGRAM AND THINGS LIKE THAT. >> THANK YOU. >> MISS MAYOR WILLIAMS. >> WHAT ARE YOU DOING TO TRY TO GET OUR YOUTH MORE INVOLVED ? I DON'T KNOW IF THERE IS ANY OPPORTUNITY TO DO WITH OUR OAKLEY YOUTH COUNCIL PICKED IT FEELS LIKE THERE SHOULD BE SOME OVERLAP THERE. >> ABSOLUTELY. WE WOULD LOVE TO INCLUDE AS MUCH YOUTH AS POSSIBLE BECAUSE THAT IS OUR NEXT GENERATION. WE CAN ALL WORK TOGETHER ALL GENERATIONS, TO ACHIEVE GOOD. AND SO, WE HAVE WORKED WITH EARTH TEAM , WHICH I DON'T KNOW IF YOU HEARD OF THEM, BUT THEY ARE A NONPROFIT THAT WORKS WITH HIGH SCHOOLERS TO DO ENVIRONMENTAL EDUCATION AND CAREER BUILDING AND THEY TYPICALLY HAVE A FEW INTERNS A YEAR AND SO WE WORK WITH EARTH TEAM TO INCLUDE THEIR STUDENTS IN ANY AND ALL OF THE ACTIVITIES THEY WANT TO. ANYONE IS WELCOME AT ANY OF THE EVENTS WE HOST FROM ANY AGE. WE ASK IF THERE ARE TODDLERS, THEY HAVE A PARENT PRESENT. WE DO WORK WITH A FEW DIFFERENT TEACHERS INCLUDING HIGH SCHOOL TEACHERS. THERE IS A HIGH SCHOOL TEACHER ON THE FRIENDS OF MARSH CREEK WATERSHED BOARD. HE IS GOOD AT PLUGGING AND US TO HIGH SCHOOLERS AND THERE ARE HIGH SCHOOL TEACHERS INVOLVED AS WELL. BUT WE WOULD LIKE TO INCLUDE YOU MORE. IF YOU HAVE ANY IDEAS ON HOW TO INCLUDE MORE YOUTH, PLEASE LET ME KNOW. >> ANY OTHER QUESTIONS OR COMMENTS? THANK YOU, VICTORIA. >> THANK YOU FOR YOUR TIME. THERE IS ALSO A FEW OF MY CARDS AT THE BACK TABLE IF ANYONE FROM THE PUBLIC WOULD LIKE IT. THANK YOU. >> I HAVE A SPEAKER CARD ON THIS TOPIC. >> NICE EVENING TONIGHT. VERY GREAT TO SEE OUR YOUNG PEOPLE GET INVOLVED WITH THIS. IT'S VERY HEARTWARMING TO ME. TO SEE SOMETHING BROUGHT FORTH THAT WAY. WHEN I LOOKED AT THE AGENDA I BROUGHT SOME STUFF THAT PERTAINS TO MARSH CREEK. I HAVE SEVERAL PICTURES OF IN THE CREEK. I HAVE PICTURES OF POACHED IN THE CREEK . I HAVE PLENTY OF PICTURES AND 11 VIDEO . I MADE IT A POINT TO TRY TO SEE WHAT IS THERE. ONE TIME I SAW 13 SEVEN IN THE CREEK SPAWNING THAT ACTUALLY LAID TO FERTILIZE THE EGGS . BY THE TIME I WALKED THE BUCKS, SOMEBODY ALREADY POACHED THREE OF THEM. IT'S PRETTY DISHEARTENING. I LOOK AT THE GRIZZLY BEAR ON THE FLAG , THAT WAS OUR STATE ANIMAL . IT WAS IN 1913, 1918. I DON'T WANT TO SEE A SALMON GO THAT WAY EITHER. WE ARE HEADING IN THAT DIRECTION. AS FAR AS WATER GOES AND WHATNOT, YES WE HAD A GOOD YEAR LAST YEAR . BUT WE NEED PLENTY MORE AND I'M WILLING TO SHARE THESE PICTURES WITH ANYBODY THAT REALLY CARES ABOUT IT. I ALSO HAVE PICTURES OF WHAT BENEFITS OFF IT AS FAR AS THE OTHER ANIMALS. FOR INSTANCE I HAVE A PICTURE OF A BUZZARD EATING A SALMON AND THINGS LIKE THAT. IT'S BENEFICIAL TO THE LAND ITSELF TOO. THERE IS MAY BE I NEED TO GET SOME KIND OF PROGRAM. TALKED ABOUT GETTING YOUTH INVOLVED. GETTING SOME KIND OF SMALL PROGRAM LIKE THEY HAVE UP IN NEVADA OR SANTA CRUZ OR THE INDIANS UP AND THE CLOUD WHERE THEY ARE RAISING SMALL --RELEASING IN THE AREA AND WE ALSO TALKED ABOUT HABITAT RESTORATION, LOOKING AT THIS. WE NEED MORE SWAN GRAVEL SOMEWHERE. I LOVE THE DIVERSIONARY OVER HERE BY CYPRUS AND WHATNOT. IT GOES BACK UP. I HAVEN'T BEEN THERE LATELY BUT I WOULD LIKE TO SEE IF ANYTHING STARTS MOVING UP THAT WAY WHEN THE TIDE STARTS GOING OUT OR IN AND SEEING IF ANYTHING DIVERTS THAT WAY. THAT MIGHT BE BENEFICIAL . I DON'T KNOW, IT MIGHT BE FIVE OR 10 YEARS. THEY ARE IN THEIR, THEY NEED HELP . I DON'T WANT TO SEE ANOTHER GRIZZLY BEAR AND THAT'S WHAT I FEEL WE ARE HEADING TOWARDS. AMONG OTHER FISHERIES LIKE STRIPED BASS AND THINGS LIKE THAT. WHICH ROGER IS VERY INVOLVED WITH. IF WE DIDN'T HAVE ROGER, THINGS WOULD BE A LOT WORSE. THANK YOU FOR YOUR TIME. >> ITEM TWO, PUBLIC COMMENTS. AT THIS TIME PUBLIC COMMENTS WILL BE HEARD FOR ITEMS NOT ON THE AGENDA. I HAVE A COUPLE SPEAKER CARDS SUBMITTED. TO SUBMIT A PUBLIC COMMENT PLEASE COMPLETE A BLUE SPEAKER CARD LOCATED IN THE LOBBY AND SUBMIT TO THE CITY CLERK. THE TIME LIMIT TO SPEAK IS THREE MINUTES. THE TIME LIMIT IS MONITORED BY THE TIMER LOCATED IN FRONT OF THE MAYOR'S SEAT. 11 REMIT -- ONE MINUTE REMAINS IT IS A REMINDER TO COMPLETE THOUGHTS AND COMMENTS BEFORE YOUR TIME EXPIRES. PLEASE REFRAIN FROM ANY APPLAUSE, CHEERING, BLOWING OR OTHER OUTBURSTS SO THAT EVERYONE MAY HAVE AN OPPORTUNITY TO BE HEARD. NOTE THAT DUE TO PROVISIONS OF STATE LAW, COUNSEL MAY NOT ENGAGE IN DIALOGUE REGARDING COMMENTS , STAFF MAY BE DIRECTED TO RESPOND TO PERSONS MAKING PUBLIC COMMENTS. FIRST UP IS TANYA BABCOCK . >> GOOD EVENING, MY NAME IS TANYA BABCOCK AND I LIVE NEAR THE FIVE INCH WALL THAT SEPARATES THE VINTAGE PARKWAY NEIGHBORHOOD FROM THE FUTURE OF LIAM DRUG STATION. IN MY NEIGHBORHOOD WE HAVE FAMILIES WITH YOUNG CHILDREN AND TWO FAMILY-OWNED DAY CARES LOCATED CLOSE TO THE WALL WHERE THE VINTAGE PARKWAY ELEMENTARY SCHOOL WITH HUNDREDS OF CHILDREN IN OUR NEIGHBORHOOD. I HAVE PICTURES TO SHOW THE CITY COUNCIL THAT THE WALL WAS BUILT OVER 25 YEARS AGO IS FALLING APART AND AT FIVE FEET FIVE INCHES TALL IS EASILY SHIPPABLE NEAR MANY OF OUR HOMES. THE WALL WAS CONSTRUCTED BEFORE AN AMTRAK STATION WAS PLANNED FOR THE LOCATION. IT IS NOT CONSTRUCTION AT A HEIGHT SUFFICIENT TO STOP PEOPLE FROM JUMPING THE WALL TO ACCESS THE AMTRAK STATION IN OUR NEIGHBORHOOD. THE ANTIOCH AMTRAK STATION WAS CLOSED DUE TO CRIME AND THE AMTRAK STATION IS MOVING TO OAKLEY ADJACENT TO HOMES AND THE VINTAGE PARKWAY NEIGHBORHOOD. ACCORDING TO AN ARTICLE THERE WERE 69 POLICE CALLS OF SERVICE BETWEEN JANUARY 2021 AND DECEMBER 2022 AT THE ANTIOCH AMTRAK STATION. WHICH INCLUDED SEVERAL ASSAULTS ON AMTRAK PERSONNEL, MOSTLY DUE TO THE HOMELESS COMMUNITY THAT HAS SPRUNG UP AROUND THE LOCATION ACROSS FROM CITY HALL. I REMEMBER REQUESTING AN AGENDA ITEM TO REQUIRE SAN JOAQUIN JOINT POWERS AUTHORITY TO MITIGATE SAFETY AND SECURITY RISKS TO THE PARKWAY NEIGHBORHOOD BY REPLACING THE EXISTING SHORT BALING WALL WITH A NEW TALL WALL THAT CANNOT BE CLIMBED AND JUMPED AND CONSIDER ANY ADDITIONAL CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN TECHNIQUES THAT WOULD ASSIST IN KEEPING OUR NEIGHBORHOODS SAFE. THANK YOU FOR YOUR TIME AND I APPRECIATE YOU HELPING KEEPING CHILDREN AND FAMILIES IN OUR NEIGHBORHOOD SAFE. >> THANK YOU FOR YOUR COMMENTS. >> AND I WILL LEAVE THIS YEAR FOR CITY COUNCIL. THANK YOU. >> DO WANT TO HAND IT TO CITY MANAGER? >> YES, I WILL DO THAT. >> NEXT UP IS SHARON. THANK YOU. >> BEFORE I START, I HAVE TO THANK JOSHUA FOR MEETING WITH ME A COUPLE OF TIMES ON CYPRUS . YOU GUYS ARE VERY AWARE OF WHOM I AM . A COUPLE COMMENTS ON SOCIAL MEDIA FROM SHANNON AND MR. HENDERSON. MY NAME CONCERN IS THAT I HAVE LIVED THERE FOR 14 YEARS. I GET IT THAT CYPRUS IS AN ABSOLUTE NIGHTMARE. I GET IT THAT WE ARE GOING TO GET FUNDING OR YOU HAVE FUNDING TO WIDEN THAT TO FOUR LANES, BUT WE HAD AN INCIDENT TODAY. THERE IS INCIDENCE ON AN AVERAGE ONCE OR TWICE A MONTH . I HAVE BEEN LANDLOCKED OUT THERE FIVE TIMES. I HAVE NOTIFIED EVERYBODY. THERE HAS GOT TO BE -- I GET IT THAT WE ARE STARTING THIS -- BUT WE HAVE BEEN TOLD BY MANY CITY COUNCIL MEMBERS PRIOR TO THIS THAT WE ARE GOING TO DO SOMETHING. WE ARE GOING TO DO SOMETHING. ALWAYS SEE OUT THERE IS THE CONSTRUCTION STILL GOING ON, AND I DON'T EVEN KNOW --I WILL MEET WITH JOSHUA BECAUSE I THINK I CAN GET MORE ANSWER THAN THE THREE MINUTES THAT I HAVE NOW. I KNOW -- I HAVE HEARD FROM CITY COUNCIL. I HAVE HEARD FROM CITY MANAGERS THAT YOU DON'T SLEEP AT NIGHT. YOU HAVE NIGHTMARES OVER THAT, BUT YOU DON'T UNDERSTAND WHAT I'M PERSONALLY SPEAKING ABOUT. MY ANXIETY, MY DEPRESSION , BLOOD PRESSURE AND EVERYTHING OF THAT ROAD, WHETHER I LEAVE IT ON A DAILY BASIS AND I KUM-N-GO, AM I GOING TO GET IN, GET OUT? I WAS THE ONE THAT WENT OVER THE FENCE ABOUT A MONTH AND HALF AGO AND MADE IT VERY CLEAR, I MET WITH THE POLICE DEPARTMENT AND SHERIFF DEPARTMENT AND I MET WITH THE CITY. I DID NOT CUT THE LOCKS , BUT I WOULD DO IT AGAIN. I SAID AT THAT GATE FOR 35 MINUTES , CALLED THE POLICE BEFORE I WENT THROUGH . THERE WAS NINE CARS OF US. OUR EMERGENCY, MY EMERGENCY IS GOING TO BE DIFFERENT THAN ANYBODY ELSE'S EMERGENCY. I WAS LEAVING ON A PLANE AND I NEEDED TO GET OUT. I WASN'T GOING TO HAVE IT LANDLOCKED AGAIN ALTHOUGH THERE WAS NINE OF US. MY UNDERSTANDING IS, NOW THERE NEEDS TO BE ADDRESSED THAT WHO OVER OWNS THE 550 FEET OF THAT PROPERTY WOULD HAVE AN AGREEMENT THAT WE CAN USE THAT WHENEVER THERE IS AN EMERGENCY. I THINK WHENEVER THAT ROAD SHUTDOWN IS EMERGENCY TO SOMEONE . IT IS GOING TO TAKE A DEATH OF SOMEBODY OUT THERE THAT EMERGENCY PERSONNEL CANNOT GET TO. THE SCHOOL, THAT IS A WHOLE OTHER DEAL. MY UNDERSTANDING, SHE HAS BLOCKED THAT OUT TO GET OUT BY A TRUCK NOW. NOW, WE HAVE TO DO A TRUCK. I MET WITH MIKE AT RECLAMATION 799 RECENTLY AND HE SAID, SHARON, EVEN IF THERE WAS A DISASTER, LAST YEAR WHEN IT RAINED, THAT WHOLE PLACE WAS FLOODED. I GOT IT BECAUSE WE WOULDN'T BE ABLE TO GET OUT ANYWAY. I UNDERSTAND WE ARE PROCEEDING FORWARD ON DOING STUFF TO MAKE A FOUR-LANE ROAD BUT YOU PUT 3000 MORE HOMES OUT THERE, 2 TO 3 PEOPLE PER HOME, WE ARE STILL NOT GOING TO GET ON TO FOUR LANES. I WANT YOU TO HEAR ME THIS TIME. I'VE BEEN HERE MANY MANY TIMES. >> THANK YOU. ITEM THREE, CONSENT CALENDAR. ARE THERE ANY ITEMS THAT COUNSEL WOULD LIKE TO PULL FOR DISCUSSION? OR IS THERE A MOTION? >> WHAT NUMBER WAS THAT? MacAFEE .7 AND 3.8 PLEASE. >> IS THERE A MOTION FOR THE REMAINDER? IS THERE ANY PUBLIC COMMENTS? >> I MOVE IT. >> I SECOND. >> ALL IN FAVOR AYE. OPPOSE? ITEM 3.3 WAVE THE SECOND READING , E- 2P REPEALING OAKLEY MUNICIPAL CODE SECTION 9.1 POINT 412 . REPOSING WITH ADOPTION OF THE STATE DENSITY BONUS LAW BY REFERENCE AND FINDING THE ACTION EXAM FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. MR. STRALEY . >> HI, GOOD EVENING. ARE THERE ANY QUESTIONS ON THE ORDINANCE? COUNCILMAN FULLER? >> THANK YOU. MY UNDERSTANDING, THIS IS A STATE REQUIREMENT THAT WE ACQUIESCE TO THIS DENSITY AND VARIATION. >> YES INDEED. WE APOLOGIZE. WE WAIVED THE FIRST READING FOR THIS A COUPLE MEETINGS AGO AND WE APOLOGIZE FOR JUST GETTING THE SECOND READING BACK ON THE AGENDA NOW. BUT, YES. WE DID BASICALLY ADOPT THE STATES DENSITY BONUS FOR OUR OWN ORDINANCE. WHAT THIS ALLOWS US TO DO IS TO REMAIN IN COMPLIANCE WITH THE STATE DENSITY BONUS LAW WHEN THE STATE LAW CHANGES WITHOUT NEEDING TO COME BACK AND AMEND OUR ORDINANCE EVERY TIME. >> OKAY. WHAT I WOULD LIKE TO SAY IS, WHEN I'M READING IT AND DISCUSSING IT, WHEN I LOOK AT IT , THIS BECOMES ANOTHER STATE REQUIREMENT REACHING INTO LOCAL GOVERNMENT TO STATE HOW WE WILL DEVELOP OUR RESIDENCE, OUR TOWNS AND THE WAY THINGS ARE GOING. PEOPLE I HAVE HEARD PEOPLE SAY, THEY WILL KNOCK ON THEIR BIG ELECTION FOR BASICALLY WILL GET TO $60 BILLION AND SOME AFFORDABLE HOUSING. THINGS WILL NOT COME IN. THERE ARE NAMED SOURCES. I THINK PEOPLE NEED TO LOOK AT THIS. THIS IS ONE MORE PIECE OF EVIDENCE THAT THE STATE CLEARLY HAS SET A PATH TO TAKE OVER CONSTRUCTION OF HOUSING IN THE LOCAL GOVERNMENT ONE WAY OR THE OTHER. SO, I WILL GO AHEAD AND MOVE IT BECAUSE WE ARE REQUIRED TO, BUT I WOULD LIKE TO MAKE THAT COMMENT AND HAVE IT IN THE RECORD THAT THIS IS JUST ONE MORE STATE REQUIREMENT, MORE COMING DOWN AND IN THE MEANTIME , WE KEEP MOVING TOWARDS THE CONCEPT OF REGIONAL GOVERNMENT AND STATE BONDS. IT MAKES ME ANXIOUS. WITH THAT, I WILL GO AHEAD AND MOVE THE ITEM. >> IS THERE A SECOND? >> SECOND. >> ALL IN FAVOR, AYE. OPPOSE? 5-0. 3.7, APPROVAL OF THE UTILITY RELOCATION AGREEMENT BETWEEN THE CITY OF OAKLEY AND WESTERN AREA POWER ADMINISTRATION TO RELOCATE ELECTRIC UTILITY POLES TO ACCOMMODATE THE LAUREL ROAD WIDENING PROJECT . CAPITAL IMPROVEMENT PROJECT NUMBER 280. MR. ROWE HONEY. >> AS YOU MENTIONED THE WIDENING OF THE PROJECT WHICH HAS BEEN LONG BEEN ON OUR TO DO LIST. WE FINALLY REACH AN AGREEMENT WITH THE RIGHT-OF-WAY WITH WHILE POP OUR ADMONITION TO RELOCATE AND REMOVE SOME OF THE POLLS THAT ARE IN THE WAY OF THE WIDENING . THIS IS THE FIRST STEP IN THAT PROCESS ON --I WOULD BE HAPPY TO ANSWER ANY SPECIFIC QUESTIONS. >> ARE THERE ANY QUESTIONS FROM COUNSEL QUICKLY >> I PULLED THIS JUST BECAUSE I WOULD LIKE SOME --I WON'T HOLD YOU TO A TIMELINE, BUT THIS IS AN IMPORTANT STEP IN WIDENING LAUREL. I JUST WANTED TO PULL IT SO WE COULD TALK ABOUT WHAT THIS REPRESENTS IN ORDER TO GET THAT WIDENING ACCOMPLISHED. >> CERTAINLY. THIS PROJECT HAS BEEN IN OUR PROJECT FOR TWO YEARS. DEALING WITH WAPA , IF YOU RECALL ON SOME OF OUR PAST PROJECTS, IT IS A VERY TIME-CONSUMING PROJECT. IS NOT JUST A SIMPLE AS UTILITIES. BUT, WE HAVE MADE IT TO THIS POINT . I WANTED TO MAKE SURE BEFORE THE HOLIDAY SEASON WE BRING THIS REPORT TO THE COUNCIL. WE WILL BE CUTTING A CHECK TO WAPA OVER THE NEXT FEW DAYS AND SEND IT TO THEM SO THEY START THEIR WORK. THEY HAVE TOLD US , ESSENTIALLY, BY THIS TIME FALL OF NEXT YEAR, THEY WOULD BE DONE WITH IT THEIR DESIGN CONSTRUCTION. CONCURRENTLY, WE ARE WORKING ON A DESIGN OF THE LAUREL IMPROVEMENTS . WE NEED TO HAVE THE POLLS REMOVED BEFORE WE ARE ABLE TO CONSTRUCT . OUR PLAN IS, THIS TIME NEXT YEAR THE BOWL WILL BE RELOCATED. IN EARLY 2025, AFTER THE FALLING NEW YEAR WE WILL BID THE PROJECT AND OUR PLAN IS TO START THE CONSTRUCTION OF THE NEW LAUREL ROAD IMPROVEMENT BY SPRING OF 25. >> COUNCILMEMBER FULLER. >> I WANT TO CONGRATULATE YOU, BUT HOW DID YOU MANAGE TO GET THE PRICE? IT SEEMS LIKE $116,000 . A POLL SEEMS RATHER LOW FOR THE SIZE OF THE POLLS. I WOULD SAY WHEN THE FORMER ONE IS REMOVED, THAT WAS WHAT TOOK A YEAR. >> THE LAST PROJECT WE DID ON WAPA WAS THE SAME SECTION OF LAUREL ROAD WENT FROM CLOVER BROOK TO ROSE. IT WAS MULTIPLE POLLS, AND THAT , IF MY MEMORY SERVES ME, THAT COST US OVER HALF 1 MILLION IT WAS A MUCH MORE INTENSE AND EXHAUSTIVE PROJECT. THIS PROJECT, THERE ARE THREE POLES, TWO OF THEM ARE GOING TO BE RELOCATED AND ONE OF THEM IS GOING TO BE REMOVED. THE PRICE IS 177,000 . IT'S A GOOD DEAL . I JUST WANT TO REPHRASE THAT. WAPA CAN COME BACK IN A FEW MONTHS AS DID ON THE PREVIOUS PROJECT AND ASK FOR MORE. THEY CONTROL THE WHOLE NARRATIVE . IT'S ON THEIR RESPECTIVE MUNICIPALITY TO PAY FOR THE SERVICE. WE HAVE BEEN HAVING GOOD RELATIONSHIP WITH THEM AND WE HOPE THAT THIS WILL TAKE CARE OF THE ISSUE. WE WILL SEND THEM A CHECK AND THEY WILL GO ABOUT THEIR WORK AND I CAN PROVIDE YOU AN UPDATE AT OUR UPCOMING UPDATE IN THE NEW YEAR AS FAR AS THE PROGRESS OF THE WORK. WE ANTICIPATE IT SHOULD BE LESS INTENSIVE THAN THE PREVIOUS PROJECT . BY THIS TIME NEXT YEAR , WE SHOULD HAVE THE POLES OUT OF THE WAY. >> NICE START IN MY MIND. IT'S A NICE PLACE TO START. THANK YOU. >> I WILL MOVE THIS ITEM. >> SECOND? >> SECOND. ALL IN FAVOR. AYE. OPPOSE? IT PASSES. 3.8, AUTHORIZATION TO EXECUTE A PURCHASE AND SALE AGREEMENT WITH LANDSEA HOMES OF CALIFORNIA LLC FOR THE SALE OF THE REAL PROPERTY CONTAINING APPROXIMATELY 27.0 ACRES LOCATED AT THE NORTHEAST CORNER OF E CYPRESS ROAD AND KNIGHTSEN AVENUE. MR. McMURRAY? >> GOOD EVENING, MR. MAYOR, MEMBERS OF THE CITY COUNCIL. THIS IS A PURCHASE AND SALE AGREEMENT WITH LANDSEA HOMES TO SELL THE 27 ACRES OF THE TOTAL 45 ACRES OF THAT BURROWS PROPERTY. WE HAVE BEEN MARKETING THE PROPERTY FOR SOME TIME. WE FOUND A PARTNER WITH CLANCY. WE FEEL THERE OFFER IS FAIR AND THIS IS THE FIRST STEP TO GET UNDER CONTRACT TO ALLOW THEM TO DO THEIR DUE DILIGENCE WITH THE HOPE TO CLOSE SOMETIME AROUND APRIL FIRST OF NEXT YEAR I CAN ANSWER ANY QUESTIONS THAT YOU HAVE. >> COUNCILMEMBER FULLER? >> YES, JUST ONE. MY UNDERSTANDING , WE WENT TO 50% OF AFFORDABLE HOUSING ON THE UNIT THAT WE HAVE CONDITION OF SALE AND WE WILL HAVE THE OF OBTAINING 50% OF THE LAND FOR A DEVELOPER THAT CAN BRING IN SINGLE-FAMILY AFFORDABLE --. >> YOU ARE CORRECT. FOR THE PUBLIC'S BENEFIT, BECAUSE THE CITY IS DISPOSING OF THE PROPERTY, WE ARE SUBJECT TO THE SURPLUS LAND ACT, THE STANDARD IS 25%. WE GO OUT AND DO AN EXTENSIVE NOTIFICATION TO OVER 800 ENTITIES ACROSS STATE . WE DIDN'T GET ANYBODY TO SUBMIT A LETTER OF INTENT ON THAT , SO THE PERCENTAGE DROPPED DOWN TO 15%. THAT EQUATES TO 17 LOTS. HEART OF THIS DEAL IS THAT LANDSEA HOMES WOULD DELIVER TO THE CITY OF THE FINISHED PADS , CURBS, GUTTERS AND SIDEWALKS , WE WOULD THEN TAKE THOSE 17 LOTS, FIND A PARTNER , UNAFFORDABLE HOUSING PARTNER TO DEVELOP THOSE LOTS WITH AFFORDABLE HOUSING. SPOKE VICE MAYOR WILLIAMS? >> I PULLED THE ITEM JUST SO WE COULD TALK ABOUT WHAT THE SALE ACTUALLY REPRESENTS. I KNOW IT GIVES US A SIGNIFICANT PORTION OF MONEY THAT WE NEED FOR E CYPRESS. IF YOU COULD ELABORATE ABOUT WHY THIS SALE IN PARTICULAR IS SO IMPORTANT TO US. >> SURE. IT MAY TAKE ME A SECOND, BUT THIS IS AN IMPORTANT SALE TO THE CITY BECAUSE WE ARE GOING TO REALIZE A SUBSTANTIAL AMOUNT OF REVENUE. WE HAVE THE POTENTIAL TO REALIZE A MINIMUM GROSS PROFIT OF ABOUT $7.35 MILLION PER WHAT THE CITY HAS BEEN DOING, AND IT SPEAKS TO THE PUBLIC COMMENT EARLIER ABOUT E CYPRESS. WE HAVE PRODUCTIVELY TAKEN INTO OUR OWN HANDS THE DESTINY OF EAST CYPRESS ROAD. WE ALREADY HAVE A CAPITAL IMPROVEMENT PROGRAM, PROJECT COME UP FOR THIS BURROWS PROPERTY. THE CITY IS GOING TO BE CONSTRUCTING THE FRONTAGE IMPROVEMENTS AND THAT WOULD BE FROM KNIGHTSEN AVENUE TO THE CANAL. IN THIS YEAR'S BUDGET, WE ADOPTED A PROGRAM AND OUR CAPITAL PROJECTS TO DO THE FIRST PHASE OF E CYPRESS. THE SECOND STEP , THE FIRST PHASE FROM THE CANAL EASTWARD TO BETHEL ROAD AND THAT WILL DEAL WITH THE CANAL. WE HAVE FUNDED THAT WORK AND A FEW MEETINGS AGO WE APPROVED AN AGREEMENT WITH THE DEVELOPER OF THE GRANT CYPRESS PRESERVE PROJECT TO ACQUIRE THE RIGHT OF WAY NECESSARY TO CONSTRUCT ALL OF THAT YOU CYPRESS ROAD IMPROVEMENTS FROM THE CANAL TO BETHEL ISLAND ROAD. THAT WAS A MAJOR MILESTONE. WE JUST GOT INK ON THOSE DOCUMENTS TODAY, SO WE ARE STILL WORKING THROUGH THAT AND WE HAVE TO GO THROUGH A PROCESS TO OBTAIN PLANS OF APPROVALS, BUT WE ARE ACTIVELY WORKING HARD TO ENSURE THAT WORK STARTS AS SOON AS POSSIBLE. WE ARE READY TO START THE WORK IN FRONT OF THE BURROWS PROJECT. WE HAVE A CONTRACTOR ALREADY LINED UP AND THAT WAS A $10 MILLION CITY DEDICATION OF MONEY TO THIS EFFORT. WE HAVE ALLOCATED ABOUT 9 1/2 MILLION DOLLARS TO THE CANAL CROSSING AND WE ARE ACTIVELY COORDINATING WITH THE CWD , CONTRA COSTA WATER DISTRICT, TO MAKE THOSE IMPROVEMENTS HAPPEN AND PHASE TWO OF THAT PROJECT WILL BE IN OUR BUDGET NEXT YEAR, OUR 24-25 BUDGET , PROBABLY NORTH OF $10-$15 MILLION. RIGHT-OF-WAY WORK TO FINISH THE STREET IMPROVEMENTS. WE HAVE BEEN TAKING MAJOR EFFORTS AND HITTING MAJOR MILESTONES TO COMPLETE THAT WORK AND ALTHOUGH THIS DEAL IS FAR FROM DONE , IT REPRESENTS AN IMPORTANT STEP TO FUND IMPROVEMENTS FOR THE SECOND PHASE OF THE CYPRESS ROAD IMPROVEMENTS FROM THE CANAL TO BETHEL ISLAND ROAD. >> I WILL MOVE THIS ITEM. >> I HAVE ONE QUESTION. WHAT IS HOLDING UP THE ROAD IMPROVEMENTS FROM KNIGHTSEN AVENUE TO THE CANAL RIGHT NOW? >> THE PROPERTY WE ARE TALKING ABOUT DOES NOT HAVE WATER RIGHTS. IN ORDER TO GIVE THAT PROPERTY WATER RIGHTS, WE HAVE TO BE INCLUDED INTO THE CENTRAL VALLEY PROJECT. IT'S AN INCLUSION PROCESS AND IT IS RUN THROUGH THE CWD BUT THEY HAVE BEEN A GREAT PROJECT TRYING TO SEPARATE SHEPHERD THE PROCESS FORWARD BUT IT IS IN THE HANDS OF THE FEDERAL BUREAU OF RECLAMATION. WE HAVE BEEN WORKING AT THAT FOR WELL OVER TWO YEARS NOW . WE ARE HOPING THAT WE ARE NEAR FINALITY ON THAT . WE MEET WITH THEM EVERY TWO WEEKS AND WE ARE PUSHING VERY HARD. WE HAVE HAD FEDERAL AND STATE REPRESENTATION HELP US TO TRY TO MOVE THE EFFORT FORWARD, AND IT IS SLOW-MOVING. >> VERY SLOW. ARE YOU READY? >> NOW I WILL MOVE THIS ITEM. >> SECOND? ALL IN FAVOR? AYE. OPPOSE? 5-0. ITEM 4.1 . 2480 OAKLEY SUBDIVISION 9537 TENTATIVE >> EXTENSION . MR. GORMAN? >> THANK YOU, COUNSEL. IT IS AN HONOR TO PRESENT TO YOU TONIGHT FOR THE FIRST TIME. EVAN GORMAN, ASSOCIATE PLANNER FOR OAKLEY. TONIGHT I AM PRESENTING A TENTATIVE >> EXTENSION FOUR 2480 OAKLEY ROAD SUBDIVISION 9537 . FIRST I WANT TO GIVE YOU AN IDEA OF WHAT AREA OF THE CITY WE ARE TALKING ABOUT TONIGHT. OUR PROJECT SITE IS OVER ON THE WEST SIDE OF TOWN. WITH THE SLIDE LET'S GET A BIT CLOSER AND WE CAN SEE THE PROJECT SITE IS ON THE NORTHEAST OF THE INTERSECTION OF LIVE OAK AVENUE AND OAKLEY ROAD. THE ORIGINAL PROJECT IS A SUBDIVISION AT 2480 OAKLEY ROAD, ORIGINALLY APPROVED BY OAKLEY CITY COUNCIL IN 2020. THE TENTATIVE MAP CONSISTS OF 4.6 ACRES DIVIDED INTO 22 SINGLE-FAMILY LOTS AND ONE ADDITIONAL LOT REPRESENTING THE PRIVATE ROAD THROUGH THE DEVELOPMENT. NOW FOR THE APPLICANTS REQUEST . THE APPLICANT IS REQUESTING THAT THE TENTATIVE MAP BE EXTENDED THREE YEARS TO SEPTEMBER 10th, 2026. NO PHYSICAL CHANGES ARE PROPOSED AND THE DRAFT OR RESOLUTION IN FRONT OF YOU WOULD APPROVE THAT EXTENSION. THE APPLICANT CITED MARKET CONDITIONS AND THE PANDEMIC FOR THE LACK OF DEVELOPMENT ON THIS SITE AT THIS TIME. LET'S TAKE A LOOK AT THE RULES OF THE ROAD. THE SUBDIVISION MAP ACT ALLOWS FOR EXTENSIONS. CITY COUNCIL CAN EXTEND THE APPROVAL PERIOD FORD SUBDIVISION MAP AND TOTAL EXTENSIONS SHALL NOT EXCEED SIX YEARS FROM THE ORIGINAL EXPIRATION DATE. THE THREE-YEAR REQUEST FROM THE APPLICANT IS THE FIRST EXTENSION REQUEST FOR THIS PROJECT. OUR FINE PLANNING COMMISSION REVIEWED THIS PROJECT AT THE REGULAR PUBLIC HEARING ON OCTOBER 17th. AT THE MEETING THE COMMISSION UNANIMOUSLY ADOPTED RESOLUTION 14-23 RECOMMENDING THAT THE CITY COUNCIL APPROVED THE EXTENSION. WHENEVER WE GET AN APPLICATION, WE TRY TO PROVIDE RECOMMENDATION IN OUR REPORT AND WE DID SO HERE. STEP ALSO RECOMMENDS THAT THE CITY COUNCIL ADOPT THE RESOLUTION IMPROVING THE EXTENSION FOR 2480 OAKLEY WROTE A TENTATIVE MAP AS CONDITIONED. FINALLY, I'M AVAILABLE FOR ANY CLARIFYING QUESTIONS YOU MAY HAVE. I APPRECIATE IT. THANK YOU. >> I GUESS THIS IS THE QUESTION SLIDE. >> IS THE QUESTION SLIDE. GO AHEAD. >> ARE THERE ANY QUESTIONS FOR MR. GORMAN FROM STAFF? FROM COUNSEL? SEEING NONE , AT THIS TIME WE WILL OPEN UP PUBLIC HEARING . ARE THERE ANY PUBLIC COMMENTS ON THIS ITEM? SEEING NONE, PUBLIC HEARING IS CLOSED. AT THIS TIME COUNSEL WILL DELIBERATE THIS ITEM. A DELIBERATION ? IS THERE A MOTION? >> I MOVED TO APPROVE THE 2480 OAKLEY ROAD SUBDIVISION TENTATIVE MAP EXTENSION. >> I WILL SECOND. >> ALL IN FAVOR? AYE ? OPPOSED? 5-0. REGULAR CALENDAR. 5.1, ADOPTION OF 2023 SMALL BUSINESS RECOVERY GRANT PROGRAM. MR. HARUMI MURATA , ECONOMIC DEVELOPMENT ANALYST. >> GOOD EVENING . MAYOR MEADOWS, VICE MAYOR WILLIAMS, COUNCIL MEMBERS AND MEMBERS OF THE PUBLIC , MY NAME IS HARUMI MURATA WITH ECONOMIC DEVELOP MEANT AND THE VISION AND MY AGENDA ITEM, I WILL BE DISCUSSING THE SMALL BUSINESS RECOVERY GRANT PROGRAM . I WILL GO OVER THE PROGRAM BACKGROUND IN DETAIL AND THIS NEW PROGRAM WITH MY PRESENTATION. AS A PRIMARY PLAN FOR USE OF OUR FUND, THE CITY HAS ALLOCATED ABOUT $1 MILLION FOR BUSINESS SUPPORT PURPOSES. WHICH CONSISTS OF FACADE AND TI GRANT PROGRAM AND SHOP LOCAL PROGRAMS THAT HAVE ALREADY PREVIOUSLY BEEN APPROVED AND LAUNCHED. NEEDLESS TO SAY, OUR LOCAL BUSINESSES HAVE BEEN FACING CHALLENGES, ESPECIALLY THE BRICK AND MORTAR BUSINESSES WITH THE IMPACT OF COVID-19, FINANCIAL MARKET SITUATIONS . IT IS CRUCIAL TO RE-EVALUATE OUR BUSINESS SUPPORT MITIGATIONS AND THE INITIATIVES. IN THIS CONTEXT, OUR FOCUS ALIGNS WITH OAKLEY'S ECONOMIC DEVELOPMENT WORK AND STRATEGIC PLAN 27+ EMPHASIZING THE SUPPORT FOR THE LOCAL BUSINESSES IN OAKLEY. AS FOR THE STRUCTURE, THE PROGRAM IS REINFORCED BY THE TOTAL BUDGET OF $235,000 FROM THE FUNDS . WITHIN THIS BUDGET, WE WILL EFFICIENTLY ALLOCATE RESOURCES TO COVER BOTH ADMINISTRATIVE AND OPERATIONAL COSTS AS WELL AS DELIVERY OF THE GRANT TO THE RECIPIENTS . THE APPLICATION PROCESS WILL BE MANAGED IN-HOUSE AND SO THAT WAY, IT WILL BE ENABLING US TO MAXIMIZE THE NUMBERS OF RECIPIENTS AND ENSURE STREAMLINED AND TRANSPARENT PROCEDURE. THIS PROGRAM WILL PROVIDE A GRANT PAYMENT OF $2500 OR $5000 FOR ELIGIBLE SMALL BUSINESSES THAT HAVE EXPERIENCED A NEGATIVE FINANCIAL IMPACT DUE TO THE PANDEMIC . GRANT ALLOCATION WILL BE STRAIGHT FORWARD . THE GRANT AMOUNTS ARE DIRECTLY TIED TO A TOTAL ANNUAL REVENUE IN THOSE YEARS . FOR EXAMPLE, THOSE BUSINESSES WHOSE ANNUAL REVENUE WAS LESS THAN $100,000 WILL BE ELIGIBLE FOR THE GRANT AMOUNT OF $2500 . BUSINESSES WITH A TOTAL REVENUE OF 100,000 AND MORE WILL BE ELIGIBLE FOR A GRANT AMOUNT OF $5000. THIS IS TO SUPPORT THE BUSINESSES WITH HIGHER REVENUE TO HAVE GREATER OPERATIONAL COSTS AND NEEDS ON THE IMPACT OF OUR LOCAL ECONOMY. WE ARE HERE TO SUPPORT SMALL-SCALE , PHYSICAL STOREFRONT BUSINESSES AND THE AWARDED GRANT CAN BE UTILIZED FOR VARIOUS EXPENSES, BUSINESS EXPENSES , SUCH AS SAFETY PROTOCOLS , UTILITIES, COSTS, RENT, EMPLOYEE RETENTION, MARKETING AND PROMOTIONAL ACTIVITIES. AGAIN, TO EMPHASIZE THE KEY CRITERION FOR GRANT ELIGIBILITY, WE WILL ASK APPLICANTS TO SHOW US EVIDENCE OF THE LOSS OF REVENUE FROM 2019 TO 2021. WE WILL BE CLEARER WITH THE DEFINITION OF BUSINESS LOSS IN THIS CONTEXT WITH BUSINESS LOSSES DETERMINED AS AN EQUATION IN WHICH SALES MINUS COST RESULTING IN ZERO OR NEGATIVE NUMBER . AND TO UNDERSTAND OUR BUSINESS LANDSCAPE HEARING AND OAKLEY, CURRENTLY THERE ARE 921 ACTIVE BUSINESS LICENSE HOLDERS IN THE CITY AND WE ARE LOOKING AT LESS THAN 250 BUSINESS LICENSE HOLDERS , THAT THEIR LICENSE HAVE BEEN ACTIVE SINCE 2019. THE BUSINESS MUST BE LOCATED WITHIN CITY LIMITS OF OAKLEY. MUST HAVE THE BALLAD CITY BUSINESS LICENSE AND DOUBLECLICK TRADED COMPANIES ARE EXCLUDED FROM THIS PROGRAM , AS OUR FOCUS IS TO SUPPORT PRIVATELY HELD SMALL ENTERPRISES. WE ALSO TAKE INTO ACCOUNT THE NUMBER OF EMPLOYEES OF THE BUSINESSES . AND TO HELP US UNDERSTAND , THAT WILL HELP US UNDERSTAND TO SCALE OF THEIR BUSINESS OPERATIONS AND A POTENTIAL IMPACT OF OUR SUPPORT . AGAIN, WE WILL BE ASKING FOR EVIDENCE OF REVENUE LOSS AND DATE OF BUSINESS ESTABLISHMENT. WE ALSO REQUIRE THE APPLICANT TO COMPLY WITH ALL RELEVANT FEDERAL AND STATE REGULATIONS AND WITH THAT SAID, OUR GOAL IS TO FOSTER AND SUPPORT DIVERSE ECONOMY HERE IN OAKLEY . AS FOR THE APPLICATION PROCESS, THE PROCESS WILL BE STREAMLINED VERY SIMPLY AND FOR OUR EASE. THIS IS GOING TO BE THE FLOWCHART, ENSURING THAT THE GRANT REMAINS ACCESSIBLE AND ATTAINABLE FOR THOSE BUSINESSES IN NEED OF THIS KIND OF SUPPORT. THE APPLICATION WILL BE FACILITATED DIGITALLY ON THE ECONOMIC DEVELOPMENT WEBSITE . TO STREAMLINE THE PROCESS , WE WILL BE GRIPPING THE APPLICATION APPLICANTS INTO 45 DAY COHORTS SO THAT WE CAN CAPTURE THE APPLICANT, IF THE FUNDING IS NOT EXHAUSTIVE IN THE FIRST COHORT, THE APPLICATION PORTAL WILL REOPEN FOR A SECOND COHORT. WITH THAT SAID, WE RECOMMEND THE APPROVAL OF THIS SMALL BUSINESS RECOVERY GRANT PROGRAM AND ALLOCATION OF FUNDS FOR THE INITIATIVE. THAT CONCLUDES MY PRESENTATION. IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE --I'M AVAILABLE HERE TO ANSWER YOUR QUESTION. >> VICE MAYOR WILLIAMS? >> CAN YOU GIVE THAT NUMBER AGAIN? DID YOU SAY THAT THERE WERE 250 ACTIVE BUSINESS LICENSES THAT WOULD BE ELIGIBLE FOR THE GRANT FUNDING? >> THAT IS CORRECT. >> THAT'S WHAT I THOUGHT YOU SAID. >> AROUND 250. >> I KNOW YOU ARE VERY ACTIVE WITH OUR LOCAL BUSINESSES. HAVE YOU GOTTEN A SENSE FROM THEM THAT THIS IS SOMETHING THAT WILL, THEY WILL WANT TO APPLY FOR , BUT TO ALSO BENEFIT THEM? >> YES. I WISH I HAD EXACT DATA OF HOW MANY QUERIES WE HAVE BEEN RECEIVING SO FAR. TIP OF MY HEAD, I WOULD SAY AT LEAST 2 TO 3 INQUIRIES THAT RELATES TO THIS TYPE OF GRANT FUNDING OPPORTUNITIES AND AVAILABILITY IN THE LOCAL MUNICIPALITY, INCLUDING THE CITY THAT I HAVE BEEN RECEIVING FOR THE PAST TWO YEARS . >> AND THEN I KNOW, I KNOW YOU TALKED ABOUT THE DIFFERENT COHORTS IF IT'S NOT EXHAUSTED IN THE FIRST ONE. WHAT IF AFTER THE SECOND OR THIRD , IT IS NOT EXHAUSTED? IT WILL COME BACK AND WE CAN REALLOCATE FUNDS SO THAT WE CAN STILL BE SUPPORTING BUSINESSES, BUT THE WAY THEY --. OKAY, PERFECT. >> I WILL BE MORE THAN HAPPY TO TAILOR SPECIFICS OF THE CRITERIA THAT WE WILL BE ASKING. >> COUNCILMEMBER FULLER? >> YES , THE BUSINESSES WILL BE TPAS, LLCS AND CORPORATIONS, IS THAT CORRECT? WHAT ABOUT NONPROFIT CORPORATIONS? >> FOR THE SMALL BUSINESS GRANT PROGRAM PURPOSES THAT WERE NOT -- WE WILL BE EXCLUDED NONPROFIT ORGANIZATIONS . THAT IS JUST TOO --. FIRST WE HAVE TO ASK FOR THE REVENUE . THAT IS GOING TO BE QUITE HARD FOR THE NONPROFIT TO DOCUMENT HOW THEIR SALES IS GOING TO BE LIKE ON A PAPER. BUT, THERE IS ALSO BUSINESS RETENTION PURPOSES AND MY FOCUS HERE IS TO LEVERAGE THE EXISTING INFRASTRUCTURE THAT HAVE BEEN HERE IN THE LOCAL AREA AND FOR THOSE BUSINESSES THAT DEMONSTRATED RESILIENCY AND VIABILITY OF THESE CHALLENGING YEARS, I BELIEVE THAT THEY DESERVE TO RECEIVE SOME SORT OF SUPPORT FROM THE CITY. >> THAT I UNDERSTAND THAT THEY WILL NOT BE INCLUDED? >> THAT IS CORRECT. >> OKAY. THANK YOU. >> ANY OTHER COUNSEL QUESTIONS OR COMMENTS? VICE MAYOR WILLIAMS? >> A FOLLOW-UP . YOU DID STATE IN THE CRITERIA THAT HAS TO BE A BRICK-AND-MORTAR LOCATION. BECAUSE, YOU TOLD US THAT THERE ARE 961 ACTIVE BUSINESS LICENSES, BUT BECAUSE 60% ARE HOME-BASED, THOSE FOLKS ARE NOT ELIGIBLE EITHER. IT'S JUST THE BRICK-AND-MORTAR, WHICH I DON'T KNOW HOW MANY OF OUR NONPROFITS HAVE BRICK-AND-MORTAR LOCATIONS HERE. WE DID DO A TRANCHE OF THE ARPANET FUNDING FOR NONPROFITS. THIS IS JUST FOR THE SMALL BUSINESS PORTION, CORRECT? >> OUR FOCUS IS SMALL BUSINESS AND WE DID ALLOCATE CLOSE TO 100 -- 185,000 TO THE NONPROFITS AND WE WORKED WITH THEM OVER THE PAST YEAR TO ENSURE THOSE ALLOCATIONS WERE --. >> ANY OTHER QUESTIONS OR COMMENTS? ANY PUBLIC COMMENT ON THIS ITEM? DO I HAVE A MOTION? >> YES, ANSWER TO VICE MAYOR WILLIAMS QUESTION . EVERY CHURCH I UNDERSTAND THAT THE BUILT INTO THE STANDING AND OAKLEY IS A BRICK-AND-MORTAR. HISTORICAL SOCIETY WHO JUST IS BARELY OUT OF THE CITY LIMITS IS A BRICK-AND-MORTAR LOCATION. I'M SURE WE COULD GO DOWN OTHERS TO SAY THAT WE DON'T HAVE NONPROFIT CORPORATIONS OPERATING IN THE CITY THAT ARE BRICK-AND-MORTAR. I CAN GO ON WITH THAT EXPLANATION. MY CONCERN, AND IT'S NOT YOURS, BUT IT'S THE WAY THINGS GO, BUT I'M FINDING OUT WITH MY OWN NONPROFIT CORPORATION IS THE NEED TO BE A 501(C)(3) , WHICH IS FINE. A CORPORATION MEANS A LOT MORE PAPERWORK AND BOARD MEETINGS AND THINGS OF THAT NATURE. THAT I UNDERSTAND. IN THESE CASES, WE ARE GOING WITH THE TBA, ONE PERSON OPERATION DOING BUSINESS OR AN LLC A LIMITED LIABILITY CORPORATION WHICH IS MUCH EASIER TO ADMINISTER A FORM WITHOUT THE LIABILITY. AND CORPORATIONS SUCH AS LUCKY IF THEY WANTED TO APPLY. THE BOTTOM LINE IS THAT , NONPROFIT CORPORATIONS GET MARGINALIZED IN THE PROCESS. I WANTED TO BRING THAT TO THE ATTENTION AND SEE WHAT I CAN DO TO WORK ON IT. I KNOW HAVE LEGISLATION COMING UP AS WE KEEP CONCENTRATING ON BUSINESS WE GET THEM IN SCUM SESSION THAT THERE ARE NO BRICK-AND-MORTAR'S. THEY JUST REALLY AREN'T -- THEY ARE AND THEY COULD USE -- I KNOW SAINT ANTHONY ST. VINCENT, ST. PAUL OPERATION IS A GREAT ASSET TO THE COMMUNITY AND I WOULD IMAGINE THEY CAN USE SOME TECHNICAL EXPERTISE BUT THEY WOULDN'T QUALIFY BECAUSE THEY ARE NONPROFIT. >> ANY OTHER QUESTIONS, COMMENTS, DISCUSSION? COUNCILMEMBER SHAW? >> I'M PRETTY EXCITED TO BE ABLE TO VOTE ON THIS BEING NEW TO THE COUNCIL. I DIDN'T GET TO DO A LOT OF THE ARPA SPENDING. I KNOW THERE IS SPENDING BUT I GOT TO WATCH IT FROM THE AUDIENCE. WE DID THE NONPROFITS AND OTHER AND I'M REALLY EXCITED TO DO THIS FOR SMALL BUSINESSES. IF NO ONE ELSE IS GOING TO SPEAK, I WOULD LIKE TO MAKE A MOTION TO ADOPT THE 2023 SMALL BUSINESS RECOVERY GRANT PROGRAM. >> I WILL SECOND. >> ALL IN FAVOR? AYE . OPPOSE? PASSES. THANK YOU. 5.2, CITY OF OAKLEY CLIMATE ACTION PLAN REQUEST FOR PROPOSALS AND QUALIFICATIONS FOR PLANNING CONSULTING SERVICES . REQUEST CITY COUNCIL APPROVAL OF THE RFP. MR. CIRILLO. >> THANK YOU, GOOD EVENING . THE ITEM BEFORE YOU TONIGHT IS FOR APPROVAL OF A REQUEST FOR PROPOSALS AND QUALIFICATIONS SO THAT THE CITY OF OAKLEY LENDING DIVISION CAN SOLICIT PROFESSIONAL PLANNING SERVICES TO HELP COMPLETE THE CITY OF OAKLEY CLIMATE ACTION PLAN. THE REQUEST FOR PROPOSALS WOULD HAVE NOT EXCEEDED AN AMOUNT OF $100,000 AND THE REASON THIS IS COMING TO THE CITY COUNCIL IS BECAUSE ANY CONTRACT OVER $50,000 REQUIRES COUNCIL APPROVAL. THE RFP THAT WILL SOLICIT THAT CONTRACT IS ALSO BEING BROUGHT TO YOU FOR APPROVAL. JUST A LITTLE BIT OF BACKGROUND, THE CLIMATE ACTION PLAN IS A PLAN THAT LAYS OUT WAYS FOR CITIES OR JURISDICTIONS TO REDUCE GREENHOUSE GAS EMISSIONS. SPECIFICALLY, THE STATE OF CALIFORNIA HAS ITS OWN GREENHOUSE GAS REDUCTION GOALS THAT WERE SET FORTH AND THEY DO RECOMMEND THAT CITIES THAT ADOPT CLIMATE ACTION PLANS MATCH THOSE TARGETS. THE CITY OF OAKLEY WILL BE REQUESTING THAT OUR CLIMATE ACTION PLAN DOES MUCH OF THE STATE OF CALIFORNIA'S GREENHOUSE GAS REDUCTION TARGETS. THAT DOES INCLUDE TOTAL CARBON NEUTRALITY BY 2045 , CARBON NEUTRALITY IS ESSENTIALLY A BALANCE OF CARBON EMISSIONS AND THE QUESTION. . A LITTLE BIT MORE BACKGROUND, HOW WE GOT HERE WHAT IS A STAFF BRINGING THIS FORWARD? THE GENERAL PLAN, THE OAKLEY GENERAL PLAN TALKS ABOUT THIS. CHAPTER 6 IS THE OPEN SPACE IN CONSERVATION ELEMENT OF THE GENERAL PLAN AND THERE IS A PROGRAM IN THERE, 6.2 B , WHICH SPEAKS DIRECTLY TO THE CITY OF OAKLEY ADOPTING A CLIMATE ACTION PLAN BY 2025 THAT MEETS THE STATES REDUCTION TARGETS. IN ADDITION TO THAT GENERAL PLAN, THE STRATEGIC PLAN 27+ ALSO INCLUDES LANGUAGE THAT TALKS ABOUT GREENHOUSE GAS REDUCTIONS AND IMPLEMENTING THAT PROGRAM AND THE GENERAL PLAN TO ADOPT THE CLIMATE ACTION PLAN BY 2025. ESSENTIALLY, WE ARE TRYING TO GET THIS ON TRACK SO THAT SOMETIME IN 2025 WE WILL HAVE THIS PROGRAM IN PLACE TO BRING BACK TO THE CITY COUNCIL FOR FINAL ADOPTION. THIS IS JUST A SUMMARY . WE KNOW THE HOLIDAYS ARE COMING UP . STAFF WOULD LIKE TO AVOID A SITUATION WHERE WE SEND OUT THE RFP AND WE DON'T GET A LOT OF RESPONSES. WE ARE TARGETING THE BEGINNING OF THE YEAR TO GET THIS RFP SENT OUT. IT WILL HAVE A 30 DAY DEADLINE FOR US TO RECEIVE PROPOSALS . AT THAT TIME, THERE IS TWO ONE-WEEK INTERVALS THERE THAT IS ESSENTIALLY GETTING US TO AN INTERNAL SELECTION COMMITTEE MADE UP OF STAFF SELECTING A TOP CONSULTANT ALONG WITH SOME OTHER TOP CONSULTANTS. DEPENDING ON THE CITY COUNCIL DATES, WE CAN BRING SOMETHING TO THE CITY COUNCIL , WHICH WOULD BE A CONSIDERATION OF THAT CONTRACT AND THAT TOP CONSULTANT. AT THAT MEETING, WE WILL BRING FORWARD THE OTHER TOP CONSULTANTS THAT WORK CONSIDERED AS WELL? THE COUNCIL CAN SEE THOSE. IT IS ANTICIPATED THAT THE ACTUAL WORK THAT THE CONSULTANT WILL ASSIST THE CITY WITH WILL TAKE APPROXIMATELY 12 MONTHS TO COMPLETE. AT WHICH TIME, CITY STAFF WILL COME BACK TO THE COUNCIL. NOT TO GET INTO TOO MANY DETAILS BECAUSE IT'S ALL IN THE STAFF REPORT, BUT THE REQUEST FOR PROPOSALS INCLUDES A LOT OF OUTREACH TO THE PUBLIC , WORK SESSIONS, POP-UP EVENTS, ONLINE SURVEYS . WE ARE ASKING FOR AN A.D.A. EXPERT WITH THE CONSULTANT SO WE CAN ENSURE ALL MEETINGS HAVE FOLKS ASSESS ABILITY ONLINE OR IN PERSON . THERE IS ALSO A CHECK IN HALFWAY THROUGH THE PROCESS WHERE WE CAN COME AND CHECK IN WITH THE COUNCIL AND GIVE AN UPDATE OF WHERE WE ARE. STAFF DOES RECOMMEND THAT THE CITY COUNCIL ADOPTED THIS RESOLUTION, WHICH WOULD IMPROVE THE RFP THAT WE HAVE DRAFTED AND IS ATTACHED. IT WOULD ALSO AUTHORIZE THE CITY MANAGER TO MAKE A RECOMMENDATION TO THE CITY COUNCIL AND THE CONSULTANT WE WOULD LIKE TO CONSULT AT A LATER TIME. ONE THING I THINK I MISSED , I WANT TO POINT OUT THIS $100,000 IS ALREADY APPROPRIATED WITHIN THE PLANNING DIVISIONS CONSULTANT BUDGET. IT IS HAVE OF THE 200,000 FOR THE CURRENT FISCAL YEAR AND IF APPROVED, THIS WOULD ENCUMBER THAT 100,000 FOR THIS PROJECT. THANK YOU. ANY QUESTIONS? >> IF THERE ARE ANY COUNCIL QUESTIONS? VICE MAYOR WILLIAMS? >> JUST FOR MY EDUCATION AND EVERYBODY IN THE AUDIENCE, FAST-FORWARD, WE HAVE NOW ADOPTED THIS CLIMATE ACTION PLAN. IF THAT GETS PUT INTO EVERYTHING, IT'S NOT JUST A DOCUMENT THAT WE --LIKE WE HAVE TO UTILIZE IT WHEN WE ARE DOING ANY ZONING OR WHEN WE ARE DOING ANY PLANNING ACROSS THE CITY, RIGHT? IT WILL BE SOMETHING WE HAVE TO UTILIZE FOR ENSURING WE CAN MEET THESE COMPLIANCES. IT'S NOT JUST A DOCUMENT THAT WE DID FOR FUN, RIGHT? >> THE CLIMATE ACTION PLAN SHOULD HAVE SEVERAL THINGS THAT WE WOULD USE. ONE OF THE MAIN THINGS IS THAT WE WILL DEVISE LANGUAGE TO PLUG INTO OUR GENERAL PLAN . WE ARE NOT LOOKING TO DO ANYTHING LIKE A NEW ELEMENT, BUT WE WOULD ASK THE CONSULTANTS TO HELP US DEVISE THAT LANGUAGE AND GO DIRECTLY INTO THE GENERAL PLAN. WE WOULD BE LOOKING FOR WAYS TO SEE HOW PROJECTS THAT ARE COMPLIANT WITH THE CLIMATE ACTION PLAN , IT MAY BE ABLE TO BE STREAMLINED THROUGH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCESS WHICH CAN HELP IMPORTANT DEVELOPMENTS THAT DO HAVE CERTAIN GREENHOUSE GAS TARGETS , EMISSION TARGETS , JUST GET THEM THROUGH THE PROCESS A LITTLE QUICKER, WHICH CAN BE A BENEFIT AND MAKE US MORE COMPETITIVE WITH ATTRACTING THOSE TYPES OF BUSINESSES. THE ANSWER IS YES. I WANT TO GIVE A LITTLE NUANCE TO WHY THAT IS YES. >> ANY OTHER QUESTIONS? ANY PUBLIC COMMENTS? IS THERE ANY DELIBERATION? >> I MOVE APPROVAL. >> SECOND. >> ALL IN FAVOR? AYE. OPPOSED? NO. 5.3 , SECOND MME TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OAKLEY AND JOSHUA McMURRAY. MR. COLE? >> THANK YOU. MR. MAYOR, MEMBERS OF THE COUNCIL, THIS ITEM BEFORE YOU NOW FOR YOUR APPROVAL. THIS IS AN AMENDMENT TO THE CITY MANAGER'S EMPLOYMENT AGREEMENT. I WANT TO STATE THERE IS NO CHANGE TO SALARY OR BENEFITS . YOU ARE ALL AWARE OF THE REPORT THAT WE HAVE TO PUT ON THE RECORD ORALLY WHENEVER WE MAKE A CHANGE TO OUR CHIEF EXECUTIVE CONTRACT . THAT IS NOT BE FOR US BECAUSE WE ARE SIMPLY CHANGING THE TERM OF THE CITY MANAGERS AGREEMENTS , EMPLOYMENT AGREEMENT, AND THAT WOULD BE EFFECTIVELY EVERY JULY 1st , THE CITY MANAGER WILL HAVE A TWO-YEAR EXTENSION. SO, INITIALLY, WE WILL EXTEND TO JULY -- JUNE 30th, 2025 , AND THEN THEREAFTER WHEN WE GET TO JULY 1st OF THIS UPCOMING YEAR, THERE WILL BE A TWO-YEAR EXTENSION. UNLESS THE COUNCIL CHOOSES TO EXERCISE ITS OPTION NOT TO EXTEND, WHICH WOULD REQUIRE AN AFFIRMATIVE VOTE, AT LEAST 30 DAYS IN ADVANCE. REALLY, THIS IS WHAT WE CALL AN EVERGREEN CONTRACT . BASICALLY, THERE IS NO ACTION TAKEN, THE CITY MANAGER WILL HIM EVERY JULY 1, WILL GET A TWO-YEAR EXTENSION. I'M HAPPY TO ANSWER ANY QUESTIONS, BUT I EMPHASIZE, THERE IS NO CHANGE IN SALARY OR BENEFITS AT THIS TIME. >> ANY COUNCIL QUESTIONS? SEEING NONE , ANY PUBLIC COMMENTS? IS THERE DELIBERATION OR MOTION? >> I'M OF THE ITEM. >> SECOND? >> SECOND. >> ALL IN FAVOR? AYE. OPPOSE? 5-0. 5.4, APPEAL OF ADMINISTRATIVE HEARING OFFICER'S DECISION INVOLVING FIREWORKS AT CROCKETT PARK , OAKLAND, CALIFORNIA ON JULY 4th 2023. CITATION NUMBER AC-23- 000767 . MISS LIBBY VREONIS. >> BEFORE I PRESENT THIS STAFF REPORT I WOULD LIKE TO TAKE A MOMENT IF IT PLEASES THE COUNCIL TO ASK IF THE APPELLANT VIVIAN MATTHEWS IS PRESENT. THANK YOU. THIS ITEM INVOLVES FIREWORKS AT CROCKETT PARK ON THE FOURTH OF JULY SOON AFTER 9 P.M. WHEN AN OFFICER WAS PATROLLING AN AREA NEAR THE PARK AND OBSERVED MULTIPLE EXPLOSIONS AND FIREWORKS ILLUMINATING THE SKY FROM INSIDE THE PARK. UPON ARRIVAL THE OFFICER NOTICED 50 TO 100 JUVENILES RUNNING IN DIFFERENT DIRECTIONS GETTING INSIDE VARIOUS VEHICLES AND DRIVING AWAY. THE OFFICER WALKED TO THE PARKING LOT AND ENCOUNTERED THE APPELLANT AND PEDESTRIANS. THE OFFICER PICKED UP AND UNSPENT OUR WORK CALLED GOLD DUST AND ASKED WHO IT BELONGED TO AND THE APPELLANT POINTED TO THE FIREWORK AND STATED, THAT'S MY. THE OFFICER THEN SEES THE FIREWORK AND THE APPELLANT WAS RELEASED FROM THE SCENE. THE CODE ENFORCEMENT TEAM MAILED A CITATION TO THE APPELLANT FOR VIOLATION OF OAKLEY MUNICIPAL CODE SECTION 4.1 .104 REGARDING UNLAWFUL POSSESSION OF FIREWORKS. THE OF TALENT FILED AN APPEAL WITH A HARDSHIP WAIVER FOR THE HEARING DEPOSIT WHICH IS THE FINAL AMOUNT THAT WAS GRANTED. APPEAL HEARING WAS HELD SEPTEMBER 7th WITH AN ADMINISTRATIVE HEARING OFFICER WHO AFFIRMED THE CITATION AND REDUCED THE FINE AMOUNT FROM $1000-$500 . THE APPELLANT HAS TIMELY FINAL AN APPEAL OF THE ADMINISTERED OF HEARING OFFICER'S DECISION AND INCLUDED HER WRITTEN APPEAL IN WHICH SHE SEEKS TO HAVE THE CHARGES AGAINST HER RECONSIDERED. A NOTICE OF THE APPEAL HEARING TONIGHT WAS EMAILED AND MAILED TO THE APPELLANT. IN THE WRITTEN APPEAL, THE APPELLANT SETS FORTH TWO REASONS FOR HER APPEAL . ONE IS QUESTIONABLE EVIDENCE , THAT IT WAS A SPARKLER. THERE ARE AN ADDRESS DOCTORS THAT IT WAS HER YOUNGER SISTER'S CAR. THE STAFF REPORT ADDRESSES BOTH OF THESE ARGUMENTS. IN SUMMARY, MUNICIPAL CODE SECTION 4.102 DEFINES FIREWORKS, WHICH INCLUDE SPARKLERS , THEREFORE THE SPARKLER IS PROPERLY REFERRED TO AS A FIREWORK IN THE CITATION THAT THE APPELLANT RECEIVED. THE SECTION REFERRED TO IN THE CITATION, OAKLEY MUNICIPAL CODE FOR .1 .10 FOUR A PROVIDES THAT IT IS UNLAWFUL AND A PUBLIC NUISANCE FOR ANY PERSON --EXCUSE ME -- TO USE, DISCHARGE, OR SELL FIREWORKS ON PUBLIC OR PRIVATE PROPERTY WITHOUT A WRITTEN ADVANCED AUTHORIZATION BY CHIEF OF POLICE FOR SUPERVISED PUBLIC DISPLAYS OF FIREWORKS BY JURISDICTION, BY ASSOCIATION, AMUSEMENT PARK OR OTHER ORGANIZATION. I THINK WHAT IT REALLY BOILS DOWN TO IS, ACTUAL CONSTRUCTIVE POSSESSION . ACTUAL POSSESSION IS HOLDING OR HAVING IMMEDIATE ACCESS TO AN ITEM WHEREAS CONSTRUCTIVE POSSESSION IS WHEN A PERSON DOES NOT HAVE IMMEDIATE ACCESS TO THE ITEM BUT HAS CONTROL OF IT OR THE RIGHT TO CONTROL IT. BY HER OWN STATEMENT, THE APPELLANT CLAIMED POSSESSION OF THE FIREWORK AND THEREFORE WHILE THE FIREWORK WAS NOT IN HER HAND SHE CLAIMED A RIGHT TO CONTROL IT RESULTING IN CONSTRUCTIVE POSSESSION. THERE WAS NO WRITTEN ADVANCED AUTHORIZATION ISSUED BY THE CHIEF OF POLICE FOR FIREWORKS ACTIVITY. THEREFORE HER POSITION OF THE FIREWORK WAS UNAUTHORIZED. HER UNAUTHORIZED CONSTRUCTION POSITION OF THE FIREWORK WAS A VIOLATION OF OAKLEY MUNICIPAL CODE FOR .1 .104 A . THE SECOND REASON STATED IN THE APPELLANT'S WRITTEN APPEAL IS THAT THERE ARE UNADDRESSED FACTORS , MY YOUNGER SISTER'S CAR A REFERENCE TO THE YOUNGER SISTER'S CAR REALLY BEARS NO RELEVANCE AS THE APPELLANT CLEARLY STATED THAT THE UNSPENT FIREWORK WAS HERS AND THEREFORE SHE HAD CONTROL OVER IT AND IT WAS CONSTRUCT OF POSSESSION. THE HEARING OFFICER'S DECISION PROVIDES THAT THE APPELLANT WAS ASKED IF SHE HAD ANYTHING TO SAY ABOUT THE VIDEO AND SHE HAD NO COMMENT . SHE COULD HAVE DENIED IT WAS HER SPEAKING. IN FACT, SHE ADMITTED THE FIREWORK WAS HERS. THE APPELLANT WAS PROVIDED AN OPPORTUNITY AT THE HEARING TO CONTEST THAT THE FIREWORK WAS NOT HERS AND DID NOT. SHE ADMITTED IT WAS HERS. SHE WAS IN UNAUTHORIZED POSITION OF PUBLIC PROPERTY WHICH IS AND BY OMISSION OF SECTION 4.1 .104 A. THE APPELLANT HAS NOT STATED ANY ADDITIONAL REASONS FOR SEEKING AN APPEAL. SHE HAS INDICATED SHE IS A COLLEGE STUDENT AND A FAVORABLE RESOLUTION IS CRITICAL TO HER FUTURE IN ACADEMIC PURSUITS. SHE DOES NOT HAVE THE MONEY TO PAY THE FINE. AT THIS TIME, STAFF IS RECOMMENDING THE CITY COUNCIL REVIEWED THE WRITTEN RECORD AND ANY ORAL ARGUMENT AFFIRM OR DENY THE ADMINISTRATIVE HEARING OFFICER'S DECISION AND ANNOUNCED ITS DECISION OR IF THE MATTER IS CONTINUED TO ANNOUNCE AT THE MEETING . THAT CONCLUDES THE STAFF REPORT. I'M AVAILABLE FOR ANY QUESTIONS. >> ANY QUESTIONS FROM COUNSEL? COUNCILMEMBER FULLER. >> I'M READING THIS HERE . THE CITATION WAS ISSUED TO VIVIAN MATTHEWS , IS THAT CORRECT? >> THAT IS CORRECT. >> OKAY, THEN --. I SEE A WOMAN WHO APPEARS TO BE AN ADULT IN THE BACK OF THE ROOM AND I SEE A YOUNG MAN IN FRONT . I SEE THEM SITTING TOGETHER BUT I'M CURIOUS WHY IF IT IS THE YOUNG MAN THAT IS GOING TO ADDRESS THIS, WHY THAT IS WHEN THE CITATION WAS ISSUED TO VIVIAN MATTHEWS. >> OH, YOU ARE. HOW OLD ARE YOU? >> 32. 22. >> ANY OTHER QUESTIONS OR COMMENTS? >> IS THERE ANYTHING YOU WOULD LIKE TO SAY? >> THIS IS ON THE REPORT THAT I WAS IN THE CAR . THEY SEARCHED THE CAR AND IT WAS UNDER THE SEAT. YES, I WASN'T SUPPOSED TO HAVE FIREWORKS, I UNDERSTAND THAT BUT I HAD JUST CAME BACK FROM STOCKTON, WERE FIREWORKS WERE. >> OKAY. WHAT ARE THE REASONS THAT --I THINK YOU STATED A COUPLE OF REASONS WHY YOU DON'T WANT TO PAY OR YOU DON'T WANT IT DISMISSED ? >> I'M A COLLEGE STUDENT AND I'M PAYING FOR COLLEGE AS OF RIGHT NOW, STILL. I JUST --. I GO TO SAN DIEGO STATE ONLINE AND I DO --FOR THE LAST TWO YEARS. >> AND YOU WERE STARTING TO SAY SOMETHING ELSE. >> I JUST FELT LIKE IT WAS A SPARKLER AND THEY EVEN SAID THEY COULDN'T JUSTIFY WHAT IT WAS ONE WE TALKED ABOUT IT. THEY SAID IN THE DOCUMENT I COULD HAVE DENIED IT, BUT YOU SEE I DID SAY IT WAS MINE. I WASN'T DENYING IT WASN'T MY FIREWORK BUT I WASN'T LIGHTING FIREWORKS THAT NIGHT. >> ANYTHING ELSE YOU WANT TO SAY? >> THAT'S IT. >> YOU GUYS HAVE ANY QUESTIONS? COUNCILMEMBER SHA? >> YOU ARE SAYING THAT IT WAS IN THE CAR UNDERNEATH THE SEAT? THE WAY THE STAFF REPORT IS READING IS THAT THE OFFICER WALKED UP TO THE PARKING LOT AND PICKED UP AN UNSPENT FIREWORK. FROM THE CAR OR WAS IT --? >> IT WAS PICKED UP FROM THE CARPET THEY FOUND THE FIREWORK IN THE CAR. >> OKAY. >> ANY OTHER COUNSEL QUESTIONS? VICE MAYOR WILLIAMS ? >> WE DON'T HAVE THE OFFICER WHO MADE THE REPORT HERE? OR DO WE HAVE THE FOOTAGE SO THAT WE CAN SEE AT LEAST SOME OF IT? I DON'T KNOW IF THAT WILL HELP OUR DECISION. >> THAT'S YES, WE DO HAVE FOOTAGE? WOULD YOU LIKE IT PLAYED? YOU CAN SIT DOWN IF YOU WANT. >> OKAY. THANK YOU. IN VIEWING COUNTER FOOTAGE, THERE IS A 32nd BUFFERING PERIOD WHICH MEANS THAT THE FIRST 30 SECONDS OF WHAT WE ARE GOING TO SEE WILL BE SILENT. AT THE FIRST POINT YOU HEAR SOUND, THAT IS THE POINT I WISH THE OFFICER ACTIVATED HIS CAMERA. >> THAT'S MY FIREWORK. >> THEY LIT IT AND RUN AWAY. >> THAT IS MINE. >> IS GOING TO GO BY THE NUMBERS YELLOW 840-1020. THAT'S ALL THE FIREWORKS? >> THEY WERE SPARKLERS. >> COUNCILMEMBER FULLER? >> YES, WHERE DID YOU SAY YOU RESIDED WITH THE CITY? HOW DID YOU MANAGE TO COME TO BE IN THAT CAR THAT NIGHT? >> I HAD TAKEN MY CAR BACK. MY SISTERS BOYFRIEND HAD TOLD ME THEY WERE DOING FIREWORKS OVER THERE. IT WAS DOWN THE STREET FROM MY HOUSE SO I JUST WANT TO WATCH THEM. >> ARE YOU EMPLOYED NOW? I NEED TO ASK, HOW MUCH IS THE FINE ON THIS? >> $500 . >> OKAY. THANK YOU. >> MAYOR MEADOWS, IF POSSIBLE TO ASK THE APPELLANT TO COME TO THE PODIUM TO SPEAK SO WE HAVE THAT RECORDED. >> SORRY. COULD YOU COME UP AND SAY WHAT YOU JUST SAID, PLEASE? IT'S RECORDED UP HERE AND THEY CAN'T HEAR YOU. >> I'M SORRY. ABOUT HOW I ENDED UP THERE? OKAY. HOW I ENDED UP THERE WAS MY SISTERS BOYFRIEND HAD TOLD ME THAT THEY WERE DOING FIREWORKS OUT IN OAKLEY AND IT'S DOWN THE STREET FROM MY HOUSE SO I ENDED UP GOING THERE TO WATCH THE FIREWORKS. >> YOU LIVE IN BRENTWOOD. AND YOU ARE EMPLOYED? >> YES. >> OKAY. THANK YOU. >> ANY OTHER QUESTIONS? COUNCILMEMBER FULLER? >> THIS WOULD BE THE APPROPRIATE TIME, BUT WE CAN SUSTAIN THE VIOLATION, BUT SUSPEND OR CUT THE AMOUNT OF THEIR FINE AS I UNDERSTAND IT? >> YES. DR. FULLER, MEMBERS OF THE COUNCIL, THAT IS WITHIN YOUR PURVIEW. YOU ARE SITTING AS AN APPELLANT BODY AND IF YOU FEEL THE CIRCUMSTANCES WARRANT, YOU CAN REDUCE EVEN ENTIRELY SUSPEND WITHOUT --WHILE ALSO DETERMINING LIABILITY THAT IS WITHIN YOUR AUTHORITY. >> OKAY. WHERE ARE YOU EMPLOYED? HOW MUCH ARE YOU EARNING AWAKE? >> I WORK FOR MARK STEIN COMPANY AND I MAKE 24 AND OUR . >> THANK YOU. >> VICE MAYOR WILLIAMS. >>
Minutes of the Regular Joint Meeting of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority held November 14, 2023 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 Aaron Meadows called the meeting to order at 6:30 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Mayor Anissa Williams and Councilmembers Dr. George Fuller, Hugh Henderson and Shannon Shaw were also present. 1.2 Pledge of Allegiance to the Flag (DJ Whigham, Iron House Elementary School Student) Ironhouse Elementary School student DJ Whigham led the Pledge of Allegiance to the Flag. 1.3 Proclamation Recognizing Law Enforcement Records and Support Personnel Day (Paul Beard and PD Staff) Mayor Meadows presented the proclamation to Chief Paul Beard and Police staff members Yvette Fagardo, Jennifer Padavana, and Chanise Alexander. 1.4 Presentation on the Marsh Creek Watershed Council (MCWC) and Friends of Marsh Creek Watershed (FoMCW) (Victoria Woolfolk, Watershed Conservation Coordinator, Contra Costa Resource Conservation District) Victoria Woolfolk, Watershed Conservation Coordinator, Contra Costa Resource Conservation District, provided a PowerPoint presentation. Dr. Fuller inquired how agriculture fits in within their goals and mission. Ms. Woolfolk responded that their agriculture team works with producers, working landowners and managers to implement more sustainable practices, such as soil conservation, increasing habitat and biodiversity, and planting native plants along edges of farms and working land to help with run off. She mentioned they can also help them apply for grants. Vice Mayor Williams inquired what they are doing to get youth more involved and suggested they engage the Oakley Youth Advisory Council.
Ms. Woolfolk responded that they want to include as many youths as possible. She shared that they have worked with Earthteam, a non-profit that works with highschoolers to provide environmental education, career building and internship opportunities. She mentioned everyone is welcome to their events of any age. She provided her contact cards on the back table of the Council Chambers. Public Comment Bud Chaddock provided comments on salmon spawning and poaching in Marsh Creek. 2) PUBLIC COMMENTS Tania Babcock provided written comments and spoke regarding safety in relation to the future Amtrak station and the Vintage Parkway neighborhood 5’5” wall. She requested a future agenda item to mitigate risks. Sharon Kuykendall provided comments regarding safety in relation to current ingress and egress on E. Cypress Road, the proposed 4 lanes on E. Cypress Road in relation to the number of new homes and future population of that area, and the emergency exit route from Summer Lake. 3) CONSENT CALENDAR 3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency and Special Meeting of the Oakley Financing Authority Meeting Held October 24, 2023 (Libby Vreonis, City Clerk) No public comments were submitted. Dr. Fuller requested item 3.3 be pulled and Vice Mayor Williams requested items 3.7 and 3.8 be pulled. It was moved by Dr. Fuller and seconded by Councilmember Shaw to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0) Item 3.3 Dr. Fuller inquired if this is a state requirement of which the City must acquiesce. Mr. Strelo explained that it is proposed that the City adopt the State’s density bonus so when changes are made to State law, the City is in compliance and does not have to amend its ordinance each time there is a change. Dr. Fuller mentioned he will move it because it is a requirement but expressed concern that it is one more state requirement to control how housing should be developed at the local level. He mentioned there is movement for regional government with state bonds which makes him anxious. It was moved by Dr. Fuller and seconded by Vice Mayor Williams to waive the second reading and adopt the ordinance. Motion was unanimous and so ordered. (5-0)
Item 3.7 Vice Mayor Williams inquired what this item represents to get road widening accomplished. Public Works Director/City Engineer Kevin Rohani indicated if approved tonight, the City will issue payment to WAPA, the pole relocation will be done fall of next year concurrently with Laurel Road improvements, and the widening project should bid early 2025 with construction starting in the Spring 2025. Dr. Fuller inquired how he managed to get the price so low compared to the previous project. Mr. Rohani explained that the last project with WAPA had multiple and bigger poles whereas this project is less intrusive; it has 3 poles, 2 of which will be relocated and 1 that will be removed. He mentioned WAPA can come back later and ask for more as they did with the previous project; however, they have a good relationship, and he hopes this will take care of it. He offered to include progress on the project in the CIP update in the New Year. Dr. Fuller commented that this is a good start. It was moved by Vice Mayor Williams and seconded by Dr. Fuller to adopt the resolution approving the Utility Relocation Agreement. Motion was unanimous and so ordered. (5-0) Item 3.8 Dr. Fuller mentioned it is his understanding that there is 15% of affordable housing on the unit that they conditioned for sale and they will have the option to obtain 15% of the land for a developer that can bring in affordable housing. City Manager Joshua McMurray commented that is correct and mentioned the City is subject to the Surplus Land Act of which the standard is 25%. He explained that the City provided extensive notification to over 800 entities across the state and no letter of intent was submitted, therefore the percentage dropped to 15% which equates to 17 lots. He mentioned part of this deal is that LandSea will provide finished pads that are utility stubbed, as well as curb, gutter, sidewalk and all the improvements, and the City will take those lots and find an affordable housing partner to develop the 17 lots with affordable housing. Vice Mayor Williams commented that the sale gives the City a significant amount of money for E. Cypress. She requested staff elaborate why the sale is so important for the City. Mr. McMurray shared that the minimum gross profit from this sale is $7.35 million. He explained the City is proactively addressing E. Cypress Road with a Capital Improvement Project (CIP) for this Burroughs property where the City will construct the frontage improvements from Knightsen Avenue eastward to the canal. He further explained that in the current budget, the City included a CIP for the first phase (second step) of E. Cypress from the canal eastward to Bethel Island Road specifically for the canal. He added that a few meetings ago, the Council approved an agreement with the developer for the Grand Cypress Preserve to acquire the right of way to construct E. Cypress Road improvements from the canal to Bethel Island Road. He mentioned they must obtain plans and approvals, but they are actively working hard to ensure that work starts as soon as possible. He also mentioned they are ready to start work in front of the Burroughs property, there is a contractor lined up, funded by $10 million of funds dedicated by the City. He shared the City has allocated approximately $9.5 million to the canal crossing project and is actively coordinating with Contra Costa Water District (CCWD) for the improvements. He added that Phase 2 of that project will be in the Fiscal Year 2024/2025 budget and upward of $10-$15 million will be dedicated for right-of-way work to complete street
improvements. He explained the City has been taking major effort and hitting major milestones to complete the work and the deal is far from done, but it represents an important step to fund the improvements for Phase 2 of the E. Cypress Road improvements from the canal to Bethel Island Road. Mayor Meadows inquired what is holding up the road improvements from Knightsen Avenue to the canal right now. Mr. McMurray explained that the property doesn’t have water rights which involves an inclusion process to obtain water rights and CCWD is a partner to shepherd the process, but ultimately it is in the hands of the Federal Bureau of Reclamation. He mentioned they have been working on it for 2 years, they meet every two weeks to discuss the matter, and they have had federal and state representation try and move it forward. It was moved by Vice Mayor Williams and seconded by Dr. Fuller. Motion was unanimous and so ordered (5-0). 3.2 Accept Report Out of Closed Session Memo (Derek P. Cole, City Attorney) 3.3 Waive the Second Reading and Adopt Ordinance No. 8-23 Repealing Oakley Municipal Code Section 9.1.412 and Replacing with Adoption of the State Density Bonus Law by Reference (RZ 03-23) and Finding the Action Exempt from the California Environmental Quality Act (CEQA) (Ken Strelo, Planning Manager) 3.4 Waive the Second Reading and Adopt Ordinance No. 9-23 Approving the Project Titled, Grand Cypress Preserve Development Agreements Master Amendment (DA 01-23) (Ken Strelo, Planning Manager) 3.5 City of Oakley Quarterly Investment Report (1st Quarter FY 2023/24) (Jeri Tejeda, Administrative Services Director) 3.6 City of Oakley as Successor Agency to the Oakley Redevelopment Agency Quarterly Investment Report (1st Quarter FY 2023/24) (Jeri Tejeda, Administrative Services Director) 3.7 Approval of the Utility Relocation Agreement between the City of Oakley and Western Area Power Administration (WAPA) to Relocate Electric Utility Poles to accommodate the Laurel Road Widening Project-Capital Improvement Project Number 280 (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.8 Authorization to Execute a Purchase and Sale Agreement with Landsea Homes of California, LLC for the Sale of the Real Property Containing Approximately 27.0- Acres, Located at the Northeast Corner of E. Cypress Rd. and Knightsen Avenue (APN 032-081-025) (Joshua McMurray, City Manager) 3.9 Adopt a Resolution Authorizing Submittal of Individual Grant Applications for All Department of Resources Recycling and Recovery (CalRecycle) Grant Programs for which the City of Oakley is Eligible (Ken Strelo, Planning Manager) 3.10 Approval of an Agreement with NCE for Environmental Technical Studies and Permitting Services associated with Capital Improvement Project Number 189- Piper Lane Drainage Channel Trash Capture Device Project (Kevin Rohani, P.E., Public Works Director/City Engineer)
4) PUBLIC HEARINGS 4.1 2480 Oakley Road Subdivision 9537 Tentative Map Extension (TME 01-23) (Evan Gorman, Associate Planner) Associate Planner Evan Gorman presented the staff report and provided a PowerPoint presentation. Mayor Meadows opened the public hearing and called for public comments. There being none, he closed the public hearing. It was moved by Councilmember Shaw and seconded by Councilmember Henderson to adopt the resolution. Motion was unanimous and so ordered. (5-0) 5) REGULAR CALENDAR 5.1 Adoption of 2023 Small Business Recovery Grant Program (Harumi Murata, Economic Development Analyst) Economic Development Analyst Harumi Murata presented the staff report and provided a PowerPoint presentation. Vice Mayor Williams inquired if 250 active business licenses are eligible for the grant, which Ms. Murata confirmed around 250 is correct. Vice Mayor Williams inquired if the businesses have shown interest that they will want to apply for the grants and if they have indicated if it will benefit them. Ms. Murata shared that she has had at least 2-3 inquiries about this type of grant funding. Vice Mayor Williams inquired if after the first, second and third cohort funds have not been exhausted, if an item can be brought back to Council to reallocate the funds to support businesses in a way they need to be supported. Ms. Murata explained that funds could be reallocated, and she would be happy to tailor it specific to the criteria they are asking. Dr. Fuller inquired if it is allowed for businesses doing business as an LLC or corporation, but not for non-profits. Ms. Murata explained that this grant is for small businesses, excluding non-profits. She mentioned the City would first ask for revenue which is hard for a non-profit to document on paper. For business retention purposes, the focus is infrastructure for those businesses that demonstrated resiliency and viability during these trying years. Dr. Fuller requested clarification that non-profits are not included, and Ms. Murata confirmed that is correct. Vice Mayor Williams mentioned there are specific criteria, one being it must be a brick-and- mortar location, and the City has 961 active business licenses with 60% of those being home- based. She mentioned she is not certain how many of the non-profits have a brick-and-mortar
location here. She also mentioned ARPA funding was already made available for non-profits; this is for small businesses. City Manager Joshua McMurray explained that this focuses on small businesses, $185k of ARPA funding went to non-profits, and staff has worked over the past year to ensure that ARPA funding was dispersed to non-profits. No public comments were submitted. Dr. Fuller commented that every church in Oakley is brick-and-mortar and the East Contra Costa Historical Society just outside City limits is brick-and-mortar, so non-profits do exist in and around the City that are brick-and-mortar. He mentioned non-profits must incorporate to have 501(c)(3) status and in these cases if a business is doing business as (dba), an LLC, or a corporation they qualify, but non-profits get marginalized in the process. He mentioned establishments that do a lot for the community such as St Anthony’s St. Vincent de Paul, wouldn’t qualify because they are a 501(c)(3) non-profit. Councilmember Shaw commented that she is excited to vote on this, funding was provided to non-profits, and she is excited to see this for small businesses. It was moved by Councilmember Shaw and seconded by Vice Mayor Williams to adopt the resolution. Motion was unanimous and so ordered. (5-0) 5.2 City of Oakley Climate Action Plan Request for Proposals and Qualifications (RFP) for Planning Consulting Services--Request City Council approval of the RFP (Ken Strelo, Planning Manager) Planning Manager Ken Strelo presented the staff report and provided a PowerPoint presentation. Vice Mayor Williams inquired if it will be utilized to ensure we meet compliance with planning and zoning if adopted. Mr. Strelo confirmed that is correct and mentioned staff will work with consultants to devise language to plug into the General Plan and look for ways for projects compliant with the Climate Action Plan to be streamlined through the California Environmental Quality Act process that can help developments that have certain GHG and emission targets get through the process quicker to help attract those kinds of businesses. No public comments were submitted. It was moved by Vice Mayor Williams and seconded by Dr. Fuller to adopt the resolution. AYES: Fuller, Henderson, Shaw, Williams. NOES: Meadows. (4-1) 5.3 Second Amendment to Employment Agreement between the City of Oakley and Joshua McMurray (Derek Cole, City Attorney) City Attorney Derek Cole presented the staff report. No public comments were submitted. It was moved by Councilmember Henderson and seconded by Dr. Fuller to adopt the resolution. Motion was unanimous and so ordered. (5-0)
5.4 Appeal of Administrative Hearing Officer’s Decision Involving Fireworks at Crockett Park, Oakley, California on July 4, 2023; Citation No.: AC-23-000767 (Libby Vreonis, City Clerk) City Clerk Libby Vreonis presented the staff report. Dr. Fuller requested clarification who the appellant is, and Ms. Vreonis confirmed it is Ms. Matthews. Mayor Meadows invited Ms. Matthews to provide oral argument. Ms. Matthews explained the firework was in the car under the seat and when the car was searched, it was found. She mentioned she had just returned from Stockton where fireworks are legal. Mayor Meadows asked what reason(s) she is requesting the fine be dismissed. Ms. Matthews indicated she is a college student and still paying for college. Mayor Meadows inquired where she goes to school. Ms. Matthews responded she goes to San Diego State online and Los Medanos College. She mentioned it was just a sparkler, they couldn’t justify what it was, she admitted it was hers, and she was not lighting fireworks. Councilmember Shaw requested clarification if the firework was outside or inside the car. Ms. Matthews indicated it was in the car. Vice Mayor Williams mentioned the officer on scene is not present and requested the body worn camera footage be played. Chief of Police Paul Beard provided the footage to staff and it was played. He mentioned beforehand that the first 30 seconds is a buffering period where the video is silent. He mentioned at the point where there is sound is when the officer activated his camera. Dr. Fuller asked which city Ms. Matthews resides in, how she managed to be in the car that night, and if she is employed now. He asked staff to confirm the amount of the fine and City Manager Joshua McMurray confirmed it is $500. Ms. Matthews indicated she lives in Brentwood, her sister’s boyfriend informed her that the fireworks were going to happen in Oakley, so she went to watch, and she is employed. Dr. Fuller inquired if the Council can sustain the violation or reduce it which City Attorney Derek Cole confirmed is within the Council’s authority and it also has the option to suspend it. Dr. Fuller inquired where Ms. Matthews is employed and how much she makes. Ms. Matthews responded she works for Markstein. She provided the amount she makes.
Vice Mayor Williams commented that even though she got the firework in Stockton, it is not legal in Oakley or Brentwood. She inquired if the Council upholds the fine if it has authority to divide payments into a management payment plan. Mr. Cole explained that there have been a variety of Code Enforcement matters and the Council has always authorized staff, and staff has always worked with appellants, when instructed to develop a payment plan. He indicated that can happen here if it is the Council’s pleasure. Vice Mayor Williams explained the reason for implementing the ordinance is because there is a huge fireworks issue within the City as the video demonstrates, and as much as she understands the financial hardship, she has concern that releasing the fine would undermine the purpose of the ordinance. She shared that she experienced a fire due to fireworks. She mentioned she believes they need to enforce the ordinance because if they dismiss the little ones it makes it harder to enforce the bigger ones. She mentioned if they sustain the citation, she would like staff to work with the appellant on a management payment plan. Councilmember Shaw commented that the fine has already been reduced from $1,000 to $500 which she thinks is reasonable, and it was mentioned that the evidence did not support whether it was a large firework or a sparkler and taking Ms. Matthews word for it that it was a sparkler, the fine has already been reduced. She agreed with Vice Mayor Williams in that the ordinance is in place to make sure that people take it seriously to not bring fireworks to Oakley to protect all of its residents, and examples must be set, and she understands people make mistakes, but in terms of it impacting her future, it is a fine and undesirable, but if they approve a manageable payment plan, it can be a lesson learned, and the Council can be sure it is not setting an example that it will not just be waived when it is trying to be very strict on getting fireworks under control within the City. Dr. Fuller commented he views the ordinance differently; when adopting an ordinance, the City is trying to cure a deficiency or correct a danger or nuisance, and people can bring it before them for adjudication, and in adjudicating, the Council can apply reasoning with the appellant. He mentioned he finds that the appellant is taking responsibility for her actions, the fine was sustained, and people say it’s just a sparker, but if anyone has stepped on a hot sparkler, it can cause injury. He suggested they cut the fine in half and allow 6 payments. Councilmember Henderson commented that the incident is sustainable, and the hearing officer already reduced the fine by 50%, so while he cannot support reducing it below $500 and it cannot be increased, he could see extending the payments out further. Dr. Fuller suggested if they do that to go to 12 months for payment. It was moved by Dr. Fuller and seconded by Councilmember Henderson to sustain the fine of $500 and provide direction to staff to enter into a payment plan between the City and appellant for payment of the fine over 12 months. Motion was unanimous and so ordered. (5-0) 5.5 Hearing for Special Assessment of Costs: 1430 Carpenter Road, Oakley, California (APN 034-070-031) (Libby Vreonis, City Clerk) City Clerk Libby Vreonis requested confirmation if a representative of the property owner is present. Mayor Meadows asked the audience if anyone was present to represent the property owner. There being none, Ms. Vreonis proceeded with presentation of the staff report.
Dr. Fuller commented that he understands in the last two years there was a homicide at the property and an arrest was made, which City Manager Joshua McMurray confirmed is correct. It was moved by Dr. Fuller and seconded by Vice Mayor Williams to adopt the resolution. Motion was unanimous and so ordered. (5-0) 5.6 Hearing for Special Assessment of Costs: 131 E. Ruby Street, Oakley, California (APN 035-133-012) (Libby Vreonis, City Clerk) City Clerk Libby Vreonis requested confirmation if the property owner or a representative of the property owner is present. Mayor Meadows mentioned she is approaching the podium. Ms. Vreonis presented the staff report. Vice Mayor Williams inquired if a payment plan could be set up rather than having it as an assessment on the tax roll, so it is more manageable. Mayor Meadows commented that the property is currently for sale and there is an offer on it. Mayor Meadows invited the property owner, Josephine Rodriguez, to provide oral argument. Ms. Rodriguez commented that she is sorry about all of this, but it does have an offer and is due to close. She stated her age and that she is disabled. Vice Mayor Williams inquired what happens to the amount owed if the property sells. Mayor Meadows asked City Attorney Derek Cole to confirm if the amount would come out of the proceeds of sale by demand submitted through escrow. Mr. Cole confirmed that they must follow the process of submitting it to the tax roll; however, because that would not occur until summer, they would immediately place the demand through escrow before the sale. Ms. Vreonis indicated a Notice of Intent to Lien was recorded. It was moved by Councilmember Shaw and seconded by Councilmember Henderson to adopt the resolution. Motion was unanimous and so ordered. (5-0)
6) REPORTS 6.1 CITY MANAGER (a) City Manager City Manager Joshua McMurray reported that the October new business license update has been provided. He announced that the Annual Tree Lighting ceremony will be held November 30 beginning at 5:30 p.m., Friday Night Bites will be held December 1, and the ribbon-cutting ceremony for the train platform will be held December 6 in the Downtown at 2 p.m. He wished everyone a Happy Thanksgiving. (b) Business License Update (c) City Attorney Report-Levine Act City Attorney Derek Cole reported that he provided a Daily Journal article he wrote in the agenda packet regarding the Levine Act and he is available for any questions the Council may have. Vice Mayor Williams inquired how candidates in the next election might be aware of these changes. Mr. Cole explained that the FPPC has information on its webpage. 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 Dr. Fuller reported he attended the Veterans Day ceremony. He thanked Supervisor Burgis for her speech regarding Vietnam. He also reported attending the Freedom Fuel Café at Freedom High School October 27 and another will be held November 3 and in December, he attended Cal State LA for an awards ceremony November 3, and he attended the Harvest Festival where many people and their dogs attended. He reported on ABAG election results and the BAHFA committee hearing he attended. He shared that he had over 125 trick-or-treaters and was glad to see a much more inclusive community and diversity of children. Councilmember Shaw reported she attended the Tri-Delta Transit meeting and the Affordable Housing Ad-Hoc Advisory Committee meeting. She shared that The Oaks’ management team has a fully staffed maintenance crew as of 10/20, a new trash service to take out trash daily, and is working on pest control. She requested everyone provide The Oaks’ staff time to make changes and show improvements. She mentioned they have 78% occupancy and need it to be 92-93% and they are trying to get a better turnover rate for work orders for 3-5 days. She mentioned they have a meeting on 11/30 at 3 p.m. to address questions that came up during this past meeting, i.e., security, cameras, entry gate, inspection results, and they discussed pest maintenance plans and preventative maintenance plans. She also reported she attended the Twin Oaks grand opening but they were running behind and she had to leave early to go back to work, she completed the DA Academy November 1st, she attended the Mayors Conference November 2nd, she and Vice Mayor Williams met with Jamboree Housing who they are hoping to link with the City for affordable housing, and she attended the Veterans Day event.
Vice Mayor Williams reported “ditto” and that she will give more detail regarding the Tri-Delta meeting during the next Council meeting. She mentioned she and Councilmember Shaw met with Jamboree Housing at CalCities which she can discuss during the next item on agenda, she attended the Veterans Day ceremony, and she attended the Chamber of Commerce meeting. Councilmember Henderson reported he attended the Diablo Water District meeting and Friday Night Bites. He commended staff on an excellent job on the Veterans Day program. Mayor Meadows reported he attended the Mayors Conference, the Affordable Housing Ad-Hoc Advisory Committee Meeting, the Twin Oaks meeting, Friday Night Bites, and the Veterans Day ceremony. (b) Requests for Future Agendas Dr. Fuller requested a work session to ascertain the safety of the rail platform in the vicinity of the Downtown and Vintage Parkway which Vice Mayor Williams supported. 7) WORK SESSIONS 7.1 Library and O’Hara Residential Projects Design and Economic Feasibility Analysis Update (Joshua McMurray, City Manager) City Manager Joshua McMurray presented the staff report. Urban Field Studio representative Jane Lin, Urban Designer and Architect, along with Ryan Call, Architect, and Economic Planning Systems representative Tiefion Rice-Evans, Managing Principal, and Bex Allen, Associate, provided a presentation regarding the library, housing options at the O'Hara site, and residual land value. Mr. McMurray explained that the building presented is feasible and it is important to live within means with the many priorities of the City. He explained the City is spending tens of millions of dollars to address E. Cypress, Laurel Road is a multi-million dollar project, and the library is another major project which is very important. He further explained that the City does not have capacity for $25 million to construct what they previously spoke about this year, the current library location was temporary, and he wants to present something realistic and achievable now. He explained it will take team effort, the Council was supportive of higher density and in relation to residual land value, though it would generate substantial revenue, the City would get some of that, but not as much as thought. He mentioned they would dedicate about $2.5 mil from ARPA funding and $500k from public facilities fees established in 2004, but keeping in mind that they also have to pay off debt service with these fees for City Hall and the Recreation Center. He mentioned with city revenue and unassigned fund balance, he is confident there is about $4 mil from unassigned fund balance to dedicate, keeping 30% reserve intact. He mentioned about $9 million is available now to put into the project, providing about a 9,000 sq. ft. building (3 times the current size) and it takes the library off the high school campus and moves it to this campus. He mentioned highlights of other funding sources such as grants. He mentioned the County received a $10 million grant for the Bay Point library and another round of funding will be available, hopefully next month. He mentioned he hopes the site plan and rendering will garner excitement in the community for the Friends of the Oakley Library to fundraise. Ms. Lin added that in looking at Contra Costa County square footage per capita, Oakley is currently the lowest and this would be tripling the size of the current building.
Mr. Call commented that if they stay within the $9-$10 million benchmark, this will provide a nice product, and they can make sure there is flexibility in the concept if additional funding is raised. Mr. McMurray mentioned they are seeking feedback; this is an opportunity for a starting point and to build upon. Mayor Meadows inquired if it will it get the City $1.8 million in residual value. Mr. McMurray explained that they do not know the answer. He explained when they interviewed a builder in the area the builder was not fond of the site for the type of funding they seek, but other affordable builders who use different funding may be more competitive, and that is why they would recommend leaving it open ended to make sure if there is a better way and someone is more creative, they have the mindset to be open to that. Public Comments Liz Fuller commented that in her 30 years of library experience, 9,000 square feet is not big enough and when they may want to expand, it will cost more, so it is better to build big upfront. Supervisor Diane Burgis commented that Oakley is closer to having its own library than ever before and it is disappointing to see the numbers, but she doesn’t want to give up; she has more hope for a larger project. She mentioned if they are still asking questions about whether affordable housing can bring more money, she asked that they wait until February as she would like to work with representatives, the County Library Foundation, and the Friends of Oakley to see if they can get to $25 million. She mentioned there is a grant application process next month that could open up money and if they build smaller, it will cost more to build the next part. She asked that they lean in and see what they can do. Vice Mayor Williams inquired if they would still be able to develop some kind of rendering, so they do not miss the grant opportunity next month. She mentioned if there is $10 million for Bay Point, why not for Oakley. She mentioned that with the 55-acre park they didn’t get grant funding in relation to the rendering, and she doesn’t want to miss out on grant funding here. Mr. McMurray mentioned they have time, they have the bones, and direction on the rendering will help. Councilmember Shaw mentioned if there is hope and work that they can do, she would love to see if they can reach that number with a rendering and other potential source of funds and build the best library. Mayor Meadows inquired if pushing it out would impact the timeline with the County and Mr. McMurray indicated it would not. Dr. Fuller inquired of the population that each of the five libraries in Berkeley serve. Ms. Lin responded she will get a firm answer. Mr. Call mentioned Berkeley also serves other communities such as El Cerrito as well as Oakland, so it is hard to pinpoint, but he can reach out to the Berkeley library to get foot traffic numbers. Dr. Fuller inquired why Berkeley’s construction costs are lower.
Mr. Call explained that the costs are from 10 years ago but were high when built because of green-build requirements. He mentioned the Pleasanton example is high end and if they are judicious about supplies used, they could get it down to the Mountain House price. Dr. Fuller mentioned $1.8-$2 million is a dream. Mr. Evans mentioned it is optimistic, a dream would be more. Dr. Fuller mentioned he doesn’t like to rely on grants and budget that way because many apply and few are approved, although Supervisor Burgis is pragmatic, and he agrees with what she has presented. He mentioned they are trying to put this together for a population of 43,000 and still growing so he would favor Supervisor Burgis getting access to more funding and connecting with other political figures. He suggested a repository library and work with federal or state government and tie the library to a project like O'Hara to go a lot further to sell the project and obtain other funding. He suggested putting it off to February. He mentioned he is not sure what other funding sources are available, but he is not big on bonds. He mentioned Oakley can’t do it on its own and suggested a lobbyist for the City could help, but it is expensive and maybe the City can’t afford it. Councilmember Henderson commented that Oakley has needed a library for 20+ years and he is not sure if they can get to 24,000, but he is okay with extending to February or March and doing more work, but this team still needs to do what tasked with. He suggested splitting the difference build at 16,000, something to strive for but can live within means. He mentioned the community hasn’t had something to show to see what they can do with donations and local developers and bigger businesses. He suggested they find something attainable, design bigger knowing they have a scaled-down version, and split the difference. Mayor Meadows expressed support for going after $25 million and having a rendering at the 24,000 square foot size. He mentioned if they shoot for 16,000 square feet that is what they will get; if they are not successful, they can back it down, but he thinks they should shoot for the stars and go big. Councilmember Shaw agreed and mentioned she does not want to take affordable housing off the table if it can potentially bring the City some profit. She mentioned she and Vice Mayor Williams met with an organization that could potentially bring ideas for it. She supported shooting for the whole thing and scale back if needed. Vice Mayor Williams agreed to shoot for the whole thing and scale back if needed. She mentioned this discussion left out seniors and veterans on the 9,000 square foot plan, and requested, if possible, to have alternate sites. She mentioned if they only get 16,000, she wants to have a back-up plan if they need a secondary spot and asked if there is a way to do that in the rendering. Mayor Meadows mentioned architecturally he wants it to fit in with the rest of this campus. Vice Mayor Williams inquired what the architectural style is of this campus. Mr. Call mentioned it is traditional conservative and they will work with something complementary to this structure.
8) CLOSED SESSION 8.1 CONFERENCE WITH LEGAL COUNSEL?ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One Potential Case (letter from ACLU/EFF dated May 25, 2023, and email dated November 2, 2023) Mayor Meadows read the closed session items into the record. He called for a break before going into closed session. 8.2 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION City of Oakley v. Scelsi, Contra Costa Sup. Ct. Case No. MSN16-1620 City of Oakley v. Rodriguez, Contra Costa Sup. Ct. Case No. N23-1091 County of Contra Costa et al. (and City of Oakley) v. Monsanto Company et al., Contra Costa Sup. Ct. Case No. C22-02818. Schaefers v. BNSF Railway Company et. al. (and City of Oakley), Contra Costa Sup. Ct. Case Nos. C22-01552 and C22-01555. McCalister v. Moeckel at al. (and City of Oakley), Contra Costa Sup. Ct. Case No. C23- 00834 9) ADJOURN There being no further business, the meeting was adjourned at 10:15 p.m. Respectively Submitted, Libby Vreonis City Clerk
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AGENDA REGULAR JOINT MEETING OF THE OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY/OAKLEY PUBLIC FINANCING AUTHORITY Tuesday, November 14, 2023 6:30 PM Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561. Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065. MISSION STATEMENT: The City of Oakley will create a resilient future that fosters and attracts a vibrant and evolving community that welcomes and values all people. VISION STATEMENT: The City of Oakley celebrates our unique Delta lifestyle and small-town feel where we Live in a safe, dynamic community, Work together to build the future, and Play in our own backyard. Agendas are posted in Oakley at Oakley City Hall-3231 Main Street, outside the gym at Delta Vista Middle School-4901 Frank Hengel Way and outside the Library at Freedom High School-1050 Neroly Road. Agendas are also posted on the City’s Internet Website www.ci.oakley.ca.us. A complete packet of information containing staff reports and exhibits related to each item is available for public review prior to an Oakley City Council and/or City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority meeting at Oakley City Hall, 3231 Main Street, Oakley, CA 94561. Any writings or documents provided to a majority of the Oakley City Council, Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency or Oakley Public Financing Authority regarding any item on this agenda will be made available for public inspection, during regular business hours, at the front counter in the Main Lobby of the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561. Agendas may be picked up at the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561 for no charge. To request information regarding placement on the City’s agenda e-mail distribution list, please contact us at (925) 625-7000. The City of Oakley provides social media options to stay connected to City Hall through Facebook, Twitter, Next Door and Instagram. Other opportunities to connect with City Hall include Engage In Oakley, Oakley OnDemand on the City's website, and by emailing info@ci.oakley.ca.us. If you have a physically challenging condition and require special accommodations, please call the City Clerk’s office at (925) 625-7000. 1
Please keep cell phones/electronic devices turned off during the meeting. Please be advised that City Council meetings are video recorded and attendees may appear on video. Information Regarding Public Comment Members of the public may address the Council on items of interest that are within the City’s jurisdiction. In compliance with State law, the council may not take actionor have discussion on any item that is not specifically listed on the agenda. Public comment on items not listed on the agenda will be heard under the Public Comments section of the agenda. Public comments on items listed on the agenda will be heard as the Mayor calls the items. In compliance with State law, the Council may not take action on an item that is not specifically listed on the agenda. If you would like to speak on any agenda item, please fill out a public speaker card available in the lobby and submit it to the City Clerk seated in the Council Chamber prior to the agenda item being called. The Mayor will call you by name to the podium to hear your comment. PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. Online public comments are accepted until 5 p.m. the day of the meeting and can be submitted at https://www.ci.oakley.ca.us/online-public-comment-card/. 1.OPENING MATTERS Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority 1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority 1.2 Pledge of Allegiance to the Flag (DJ Whigham, Iron House Elementary School Student) 1.3 Proclamation Recognizing Law Enforcement Records and Support Personnel Day (Paul Beard and PD Staff) Proclamation 1.4 Presentation on the Marsh Creek Watershed Council (MCWC) and Friends of Marsh Creek Watershed (FoMCW) (Victoria Woolfolk, Watershed Conservation Coordinator, Contra Costa Resource Conservation District) 2.PUBLIC COMMENTS 2
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. 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. The public may request to remove an item(s) to provide input by completing a public speaker card and submitting it to the City Clerk prior to the item(s) being called by the Mayor. 3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency and Special Meeting of the Oakley Financing Authority Meeting Held October 24, 2023 (Libby Vreonis, City Clerk) Minutes 10-24-23 3.2 Accept Report Out of Closed Session Memo (Derek P. Cole, City Attorney) Memo 3.3 Waive the Second Reading and Adopt Ordinance No. 8-23 Repealing Oakley Municipal Code Section 9.1.412 and Replacing with Adoption of the State Density Bonus Law by Reference (RZ 03-23) and Finding the Action Exempt from the California Environmental Quality Act (CEQA) (Ken Strelo, Planning Manager) Ordinance 8-23 3.4 Waive the Second Reading and Adopt Ordinance No. 9-23 Approving the Project Titled, Grand Cypress Preserve Development Agreements Master Amendment (DA 01-23) (Ken Strelo, Planning Manager) Ordinance 9-23 3.5 City of Oakley Quarterly Investment Report (1st Quarter FY 2023/24) (Jeri Tejeda, Administrative Services Director) Staff Report 1. City of Oakley Investment Report for the quarter ended September 30, 2023. 2. PFM Quarterly Performance Review 3
3.6 City of Oakley as Successor Agency to the Oakley Redevelopment Agency Quarterly Investment Report (1st Quarter FY 2023/24) (Jeri Tejeda, Administrative Services Director) Staff Report 1. City of Oakley as Successor Agency to the Redevelopment Agency Investment Report for the quarter ended September 30, 2023. 3.7 Approval of the Utility Relocation Agreement between the City of Oakley and Western Area Power Administration (WAPA) to Relocate Electric Utility Poles to accommodate the Laurel Road Widening Project – Capital Improvement Project Number 280 (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. Resolution 2. WAPA Pole Relocation Letter of Agreement 23-SNR-02991 3.8 Authorization to Execute a Purchase and Sale Agreement with Landsea Homes of California, LLC for the Sale of the Real Property Containing Approximately 27.0-Acres, Located at the Northeast Corner of E. Cypress Rd. and Knightsen Avenue (APN 032-081-025) (Joshua McMurray, City Manager) Staff Report 1. Site Map 2. Draft Resolution 3. Draft Purchase and Sale Agreement 3.9 Adopt a Resolution Authorizing Submittal of Individual Grant Applications for All Department of Resources Recycling and Recovery (CalRecycle) Grant Programs for which the City of Oakley is Eligible (Ken Strelo, Planning Manager) Staff Report 1. Proposed Resolution 3.10 Approval of an Agreement with NCE for Environmental Technical Studies and Permitting Services associated with Capital Improvement Project Number 189 – Piper Lane Drainage Channel Trash Capture Device Project (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. Map of Site 2. Resolution 3. NCE Proposal 4.PUBLIC HEARINGS 4
4.1 2480 Oakley Road Subdivision 9537 Tentative Map Extension (TME 01-23) (Evan Gorman, Associate Planner) Suggested Action: Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the Planning Commission, 3) Open the Public Hearing, 4) Receive Comments from the Applicant, 5) Receive Public Testimony, 6) Close the Public Hearing, 7) Deliberate, 8) Summarize the Deliberation 9) Adopt the Resolution CEQA Determination: Find that there are no new environmental impacts associated with the proposed extension in that any environmental impacts are within the scope of the Negative Declaration adopted through City Council Resolutions No. 88-20 and No. 89-20. Staff Report 1. Vicinity Map 2. Public Hearing Notice 3. Approved Tentative Map 4. Planning Commission Staff Report from October 17, 2023 5. Planning Commission Resolution 14-23 6. Draft Resolution 5.REGULAR CALENDAR 5.1 Adoption of 2023 small Business Recovery Grant Program (Harumi Murata, Economic Development Analyst) Staff Report 1. Resolution 5.2 City of Oakley Climate Action Plan Request for Proposals and Qualifications (RFP) for Planning Consulting Services – Request City Council approval of the RFP (Ken Strelo, Planning Manager) Staff Report 1. Request for Proposals and Qualifications (RFP) for Planning Consulting Services for the City of Oakley Climate Action Plan (CAP) 2. Draft Resolution 5.3 Second Amendment to Employment Agreement between the City of Oakley and Joshua McMurray (Derek Cole, City Attorney) Staff Report 1. Resolution Approving Second Amendment to Employment Agreement 2. Second Amendment to City Manager Employment Agreement 5.4 Appeal of Administrative Hearing Officer’s Decision Involving Fireworks at Crockett Park, Oakley, California on July 4, 2023; Citation No.: AC-23-000767 (Libby Vreonis, City Clerk) 5
Staff Report 1. Administrative Citation, AC-23-00767, 7/11/23 2. Request for Appeal of Administrative Citation and Request for Advance Deposit Hardship Waiver, 7/25/23 3. Approval of Hardship Waiver and Notice of Hearing, 8/17/23 4. Administrative Hearing Officer's Decision, 9/7/23 5. Appeal of Administrative Hearing Officer's Decision, 10/4/23 6. Notice of Hearing, 10/18/23 5.5 Hearing for Special Assessment of Costs: 1430 Carpenter Road, Oakley, California (APN 034-070-031) (Libby Vreonis, City Clerk) Staff Report 1. Report of Costs 2. Proposed Resolution 5.6 Hearing for Special Assessment of Costs: 131 E. Ruby Street, Oakley, California (APN 035-133-012) (Libby Vreonis, City Clerk) Staff Report 1. Report of Costs 2. Proposed Resolution 6.REPORTS 6.1 CITY MANAGER (a) City Manager (b) Business License Update (c) City Attorney Report-Levine Act (b) October 2023 New Business Licenses (c) Daily Journal Article 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 SESSIONS 6
7.1 Library and O’Hara Residential Projects Design and Economic Feasibility Analysis Update (Joshua McMurray, City Manager) Staff Report 8.CLOSED SESSION 8.1 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One Potential Case (letter from ACLU/EFF dated May 25, 2023 and email dated November 2, 2023) 1. Letter Re: License Plate Reader Data 2. Electronic Frontier Foundation Email 8.2 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION City of Oakley v. Scelsi, Contra Costa Sup. Ct. Case No. MSN16-1620 City of Oakley v. Rodriguez, Contra Costa Sup. Ct. Case No. N23-1091 County of Contra Costa et al. (and City of Oakley) v. Monsanto Company et al., Contra Costa Sup. Ct. Case No. C22-02818. Schaefers v. BNSF Railway Company et. al. (and City of Oakley), Contra Costa Sup. Ct. Case Nos. C22-01552 and C22-01555. McCalister v. Moeckel at al. (and City of Oakley), Contra Costa Sup. Ct. Case No. C23-00834 9.ADJOURN 7
Law Enforcement Records and Support Personnel Appreciation Day November 10, 2023 WHEREAS, the City Council of the City of Oakley appreciates the valuable contributions of our employees to the community; and WHEREAS, the City Council wishes to specifically recognize and commend Police Records Assistants and Police Service Assistants for their outstanding dedication, hard work, and team effort in their roles as police support personnel; and WHEREAS, the Oakley Police Support professionals consistently demonstrate exemplary service to community members, as well as other local, state and country-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 court 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 services 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 as a force multiplier for the Oakley Police Department. NOW, THEREFORE, BE IT PROCLAIMED that I, Aaron Meadows, on behalf of the Oakley City Council, do hereby proclaim November 10, 2023 as LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY in the City of Oakley, and extend our gratitude to the Oakley Police Department Records staff and support personnel for their dedicated service to our community, their diligence, and their commitment to keeping our City and citizens safe. November 14, 2023 _________________ Aaron Meadows, Mayor 8
Minutes of the 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 held October 24, 2023 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 Aaron Meadows called the meeting to order at 6:30 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Mayor Anissa Williams and Councilmembers Dr. George Fuller, Hugh Henderson and Shannon Shaw were also present. 1.2 Pledge of Allegiance to the Flag (Layla Zaragoza, Summer Lake Elementary School Student) Summer Lake Elementary School Student Layla Zaragoza led the Pledge of Allegiance to the Flag. 1.3 Update from Scott Wannamaker, Assistant Fire Chief, Contra Costa County Fire Protection District Contra Costa County Fire Protection District Assistant Fire Chief Scott Wannamaker provided a PowerPoint presentation. Vice Mayor Williams requested clarification on acronyms used during the presentation. Assistant Fire Chief Wannamaker explained that BLS is an EMT and another EMT, whereas ALS is an EMT with a paramedic, a different level of service. Dr. Fuller mentioned there has been a significant drop in call volume over 36 months. He inquired what Assistant Fire Chief Wannamaker would attribute that to. Assistant Fire Chief Wannamaker responded that calls for fires, rescues, and vehicle accidents, have remained stable, and they see some seasonal change due to flu response during winter months, but he believes Dr. Fuller is referring to ambulance only calls (Dr. Fuller clarified he is referring to City of Oakley calls) and they have had a shortage of ambulances recently so many of the calls for service had a mixed response that included an engine because ambulances 9
were delayed; therefore, a decrease of ambulance only calls results from a decrease in ambulance availability. He mentioned on the 19th , they instituted the BLS response tier model and their compliance numbers have changed dramatically in the last 5 weeks. 1.4 Presentation by Gary Parkhurst, Mount Diablo Interpretive Association, regarding the Mitchell Canyon Educational Center Gary Parkhurst, with Mount Diablo Interpretive Association, provided a PowerPoint presentation on the proposed Mitchell Canyon Education Center. 2) PUBLIC COMMENTS Dawn Morrow commented that she appreciates the improvements in landscaping in Vintage Parkway and appreciates the new audience chairs in the Council Chambers. 3) CONSENT CALENDAR 3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting Held October 10, 2023 (Libby Vreonis, City Clerk) 3.2 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney) 3.3 Approval of Consulting Services Agreement by TRB and Associates, Inc. for On- Call services related to Code Compliance Plan Review and Inspection Services (Joshua McMurray, City Manager) No public comments were submitted. It was moved by Vice Mayor Williams and seconded by Councilmember Shaw to approve the Consent Calendar. Motion was unanimous and so ordered. (5-0) 4) PUBLIC HEARINGS 4.1 Amend and Restate Resolution Authorizing the City of Oakley to Join the California Statewide Communities Development Authority’s Infrastructure Program (SCIP) (Jeri Tejeda, Administrative Services Director) Administrative Services Director Jeri Tejeda presented the staff report. Dr. Fuller mentioned it is his understanding that residents in Emerson Ranch and Delaney Park use this to finance roads, etc. that went in there and now they are paying the assessment fee to the developer. Mrs. Tejeda explained that the assessment fee pays down the bond; it does not go to the developer. Dr. Fuller inquired where it is documented. Mrs. Tejeda explained it is on the property tax bill as with other assessments. 10
Dr. Fuller inquired about someone becoming ill or unemployed and how it affects the program and what recourse is available. Mrs. Tejeda explained that the City is not on the hook for that assessment, the developer is because they bonded for it. James Hamill, Managing Director, California Statewide Communities Development Authority, explained that there is a forbearance agreement with the property owner in those cases, to provide a payment plan to pay over a longer period of time. Dr. Fuller inquired if property owners would negotiate a forbearance arrangement directly with him and Mr. Hamill confirmed they would. Vice Mayor Williams commented that the developer is the “homeowner” before homes are sold, but the homeowner/developer votes for it so properties are bonded before people purchase them and move in; it keeps the initial purchase price lower, but it is captured on the back end. She inquired if these bonds are forever, and Mr. Hamill explained they are for 30 years. She inquired if a new owner takes it on if someone sells their property and Mrs. Tejeda confirmed that is correct. She commented that she is hearing in the newer neighborhoods that people are being assessed to death, and while it is a real estate agent’s job to disclose fees, she inquired if there is anything the City can do to help disclose. Mrs. Tejeda responded that the City cannot control what is or is not disclosed but if someone wanted to call and speak with the City, staff can help explain what is a City assessment and what is not. Dr. Fuller expressed concern that it is a new tax. He mentioned a house is sold at a lower price without it upfront, but normally it goes into purchase of house and a person can work through it with the mortgage structure. He mentioned he hears all the time about high assessments with new development in the E. Cypress area; some young families relying on their real estate agent and developer, and they may not be fully aware of all involved in purchasing and this adds to the stack of assessments; therefore, he will not vote in favor. Councilmember Shaw shared that she is in a home with horrific assessments and taxes, but she believes it is going to go to the homeowner one way or another whether in the purchase price or assessments. She mentioned she wouldn’t be able to qualify to purchase if it was upfront with the purchase price and she wants to be able to allow people to qualify for a home purchase, so she is reluctantly supporting this. Vice Mayor Williams inquired if there are any statistics on how many homeowners have benefited from this. She expressed that it should benefit residents not developers because they are here to serve residents, not developers. Mrs. Tejeda mentioned she does not have that information tonight but she can talk to the team and see if there is anything to provide. Mayor Meadows commented that a lot of sales he sees come through are people barely getting into homes, it is a stretch with them buying to the maximum of their loan qualification, so if it keeps prices lower, they are probably benefiting. Vice Mayor Williams inquired if there is a cap to the assessment since this is a statewide program and people are barely qualifying to purchase then they have assessments added. 11
Mayor Meadows mentioned he will not speak to a new purchase, but on a resale, assessments are known. Mr. Hamill responded there is a 2% state cap, but they don’t go above 1.7% because when they sell the bonds on the marketplace, they won’t be able to sell them if too high because they are leveraged too much. Councilmember Henderson commented that the City is already part of this program so the focus here is to discuss staying in the program. Councilmember Shaw agreed the focus is staying in the program and mentioned it is also expanding their reach what is included in the bonds so it can be potentially higher than what they have. It was moved by Councilmember Henderson and seconded by Councilmember Shaw to adopt the resolution as presented. AYES: Henderson, Meadows, Shaw, Williams. NOES: Fuller. (4-1) 4.2 Grand Cypress Preserve Development Agreements Master Amendment (DA 01-23) (Ken Strelo, Planning Manager) Planning Manager Ken Strelo presented the staff report and provided a PowerPoint presentation. Vice Mayor Williams inquired if extending this Development Agreement will not delay E. Cypress Road improvements until development begins and Mr. Strelo confirmed it would not. Dr. Fuller inquired if they keep the same plan/design if it should go until 2045, or if it can be revisited then and be altered. Mr. Strelo explained that home design review is not approved for these projects; the tentative maps are approved with conceptual landscaping, all of which has been analyzed and reviewed in accordance with the East Cypress Corridor Specific Plan conceptual plans, so any future apartments or houses in these developments still need to come to the Council for design review and receive approvals. He explained that they are not locked in yet but if they were, they would run with the Development Agreement. He mentioned at this time, it is only the tentative maps that would remain valid. Mayor Meadows opened the public hearing and called for public comments. A member of the public inquired if developers will be held to meet the current percentage of below market housing in newer developments or if it goes up in future years, if they will be subject to a new percentage. Mr. Strelo explained that this project is not subject to inclusionary housing, or in other words, requiring any below market rate housing. He mentioned if the developer chose to submit
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