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TO THE OAKLEY FINANCE AUTHORITY FOR TUESDAY APRIL 14, 2020. PURSUANT TO THE ORDERS, BROWN ACT HAVE BEEN SUSPENDED AS WELL AS THE REQUIREMENT FOR MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING. MEMBERS OF THE PUBLIC WILL BE ABLE TO PARTICIPATE DIRECTLY THROUGH THE TELE CONFERENCE PLATFORM AND ALSO WATCH THE COUNCIL MEETING THAT IS BEING LIVE STREAMED THROUGH THE WEBSITE. COMMENTS MAY ALSO BE SUBMITTED ONLINE PRIOR TO 5:00 P.M. THE DAY BEFORE. AND TODAY IF YOU WOULD LIKE TO MAKE A COMMENT, YOU MUST CALL IN AND REQUEST TO SPEAK AS THE MAYOR AS EACH ITEM COMES UP ON THE AGENDA. THE CONDITIONSER ID IS 205494. IF AOURP PARTICIPATING IN THE CALL VIA PHONE, PLEASE MUTE YOUR PHONE NOW, THE BACKGROUND NOISE CAN BE VERY DISTRACTING AND WE APPRECIATE YOUR COOPERATION THROUGHOUT THE MEETING. SO REMEMBER IF YOU'RE NOT SPEAKING, TO MUTE YOUR PHONE. WE THANK ALL OF OAKLEY RESIDENTS DURING THIS UNIQUE TIME. WE CONTINUE TO FOLLOW AND ENCOURAGE THE COUNTY HEALTH ORDER AND GUIDANCE THAT WE SHELTER AT HOME EXCEPT FOR ESSENTIAL SERVICES. WE SHOULD KEEP A DISTANCE FROM OTHERS AND ENCOURAGED TO WEAR A MASK WHILE IN PUBLIC. WHILE THE CITY BUILDING IS CLOSED, WE CONTINUE TO PROVIDE ESSENTIAL SERVICES TO THE COMMUNITY AND TO ENCOURAGE YOU TO VISIT OUR WEBSITE AND CLICK ON THE COVID-19 RESOURCES PAGE TO LEARN ABOUT THE RESOURCES AVAILABLE TO YOU DURING THIS CRISIS. WE'LL NOW MOVE TO ROLL CALL, MR. POPE. >> HERE. >> MS. HIGGINS. >> HERE. >> MS. ALAURA? >> HERE. >> MR. KRIEG? >> HERE. >> ALL ARE HERE. WE GO THROUGH THE "PLEDGE OF ALLEGIANCE". >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. >> WE HAVE A COUPLE OF PROCLAMATIONS TO CATCH UP ON THAT WERE FOR THE MONTH OF MARCH. BUT SINCE WE DIDN'T HAVE OUR SECOND MEETING IN MARCH, WE POSTPONED THOSE UNTIL RIGHT NOW. THE FIRST ONE IS A PROCLAMATION DECLARING MARCH 2020 AS WOMEN'S HISTORY MONTH IN OAKLEY. WHERE AS WOMEN HAVE MADE INVALUABLE CONTRIBUTIONS THROUGHOUT SOCIETY AND CONTINUE TO DO SO, AND WHERE AS 20 TO --2020 IS THE 100tH ANNIVERSARY WHERE AS INTERNATIONAL WOMEN'S DAYS WAS FIRST CELEBRATED IN 1911 AND WOMEN'S DAY WAS ACKNOWLEDGED BY JIMMY CARTER WHO STATED ACCOUNTSER THE ACHIEVEMENT AND COURAGE AND STRENGTH AND LOVE OF WOMEN WHO BUILT AMERICA WERE AS VITAL TO THAT AS THE MEN WE KNOW SO WELL. WHERE AS AMERICAN WOMEN OF EVERY RACE AND BACKGROUND HAVE MADE HISTORIC CONTRIBUTIONS OF OUR GROWTH AND THE STRENGTH OF OUR NATION AS A WHOLE. AND OUR LOCAL COMMUNITY SPECIFICALLY. WHERE AS WOMEN PLAYED ECONOMIC AND SOCIAL ROLE IN EVERY SPHERE OF LIFE BY CONSTITUTING A SIGNIFICANT PORTION OF THE LAYER FORCE WORKING INSIDE AND OUTSIDE OF THE HOME. WHERE AS AMERICAN WOMEN HAVE LEADERS SUFFERAGE AND EQUAL OPPORTUNITY BUT HE MAN PAITION MOVEMENT, INDUSTRIAL MOVEMENT AND SEVERAL RIGHTS MOVEMENT AND OTHER MOVEMENTS WHICH CREATED A MORE FAIR AND JUST SOCIETY FOR ALL. WHERE AS THE CITY OF OAKLEY, THROUGH YOU ME, OAKLEY INITIATIVE SEEK TO ENHANCE UNDERSTANDING IN ORDER TO BUILD A MORE VIBRANT AND MORE COHESIVE COMMUNITY. MORE WOMEN IN ADDITION TO SUE HIGGINS AND CLARALAURA WHO SIT IN OUR COUNCIL. I THE MAYOR OF OAKLEY JOIN WITH THE REST OF CITY COUNCIL AND PROCLAIM MARCH 2020 AS WOMEN'S HISTORY MONTH IN OAKLEY. THE SECOND PROCLAMATION DECLARES RED CROSS MONTH 2020. WHERE AS EVERY YEAR THE AMERICAN RED CROSS THE LARGEST HUMANITARIAN ORGANIZATION IN THE WORLD RESPONDS TO AN AVERAGE OF MORE THAN 60,000 DISASTERS IN EVERY COUNTRY FROM SMALL FIRES TO DISASTER WHERE AS MARCH IS AMERICAN RED CROSS MONTH, A TIME WHERE WE RECOGNIZE HUMANITARIAN ORGANIZATION THAT EASES SUFFERING AROUND THE STATES AND AROUND THE WORLD. WHERE AS THE AMERICAN RED CROSS HAS A LONG HISTORY OF HELPING OUR NEIGHBORS IN THE TIME OF THEIR GREATEST NEED BY DELIVERING SHELTER AND CARE DURING DISASTERS, MAKING OUR COMMUNITY SAFER THROUGH OUR LIFE SAVING CAMPAIGN, PROVIDING LIFE SAVING BLOOD, TEACHING SKILLS TO SAVE LIVES. WHERE AS THE LAST YEAR, IN CONTRA CASTA COUNTY, AMERICAN RED CROSS HELPED 168,000 PEOPLE DISPLACED BY FIRES AND HELPING PEOPLE WITH THE FINANCIAL ASSISTANCE OR COMMUNITY RESOURCES, COLLECTED 15,491 UNITS OF LIFE SAVING BLOOD, TAUGHT SKILLS TO SAFE LIVES TO 247 COMMUNITY MEMBERS, PROVIDED HUMANITARIAN AID AND SUPPORTED 835 HUMANITARIAN MEMBERS AND THEIR FAMILIES. WHERE AS THE RED CROSS CONTINUES TO WORK WITH THE PARTNERS TO PREVENT FIRE TRAGEDIES THROUGH ITS NATURAL FIRE CAMPAIGN WHICH INSTALLED SMOKE ALARM LAST YEAR AND SAVED ALMOST 700 LIVES SINCE SAVING THE PROGRAM FIVE YEARS AGO. THEY INSTALLED NEARLY 1500 SMOKE ALARMS AND MADE 471 HOUSEHOLDS SAFER FROM THE THREAT OF HOME FIRES. AND WHERE AS DURING LAST YEAR'S RED FLAG WARNINGS, COMPLICATED BY THE PEOPLE SAFETY POWER SHUT OFF, AMERICAN WORKED TIRELESSLY BESIDE THE GOVERNMENT AND COMMUNITY PARTNERS TO COORDINATE PREPAREDNESS, EFFORTS AND DEVELOP RESPONSE PLANS FOR THE HIGH FIRE STANDARD, SHELTERS AND STAFF AND EMERGENCY OPERATION CENTER. AND WHERE AS EVERY DAY PEOPLE IN OUR COMMUNITY SPEND ON THE RED CROSS WHO'S LIFE SAVING MISSION IS POWERED BY THE DEVOTION OF VOLUNTEERS, GENEROSITY OF DONORS AND PARTNERSHIP OF COMMUNITY ORGANIZATIONS, WE DEDICATE THE MONTH OF MARCH TO ALL OF THOSE WHO SUPPORT THE WORK TO ALLEVIATE HUMAN SUFFERING IN THE FACE OF EMERGENCY. THERE BE RESOLVED THAT I MAYOR KEVIN ROMICK MAYOR OF OAKLEY, PROCLAIM MARCH AS RED CROSS MONTH 2020. IN THIS NOBLE HUMANITARIAN MISSION. WE'LL NOW MOVE ON TO ITEM NUMBER 2, PUBLIC COMMENT. THIS IS AN OPPORTUNITY FOR PEOPLE ON THE PHONE TO JOIN US. IS THERE ANYONE OUT THERE WHO WOULD LIKE TO SPEAK AT THIS TIME? SO WE MOVE ON TO ITEM 3 WHICH IS THE CONSENT CALENDAR. I'LL ASK THROUGH AND ASK EACH ONE IF YOU NEED TO REMOVE ANYTHING FROM THE CALENDAR. MR. POPE? >> NOTHING. >> MS. HIGGINS? >> NO. >> MS. ALAURA? >> NONE. >> MR. KRIEG? >> (INAUDIBLE) >> 3.8? >> SORRY, 3.8. >> OKAY, SOMEBODY WANT TO MAKE MR. KRIEG YOU WANT TO MAKE A MOTION ON THE REMAINDER OF THE CALENDAR? >> (INAUDIBLE). >> CAN I HAVE A SECOND? >> SECOND. >> I HAVE A FIRST AND SECOND, ALL IN FAVOR. HERE WE GO, MR. POPE? >> AYE. >> MS. HIGGINS? >> AYE. >> MS. ALAURA? >> AYE. >> MR. KRIEG? >> AYE. >> NOW I NEED A MOTION. >> MR. KRIEG? >> HE PULLED IT. >> DOES HE WANT TO TALK ABOUT IT. >> NO, HE ABSTAINED. >> OH, HE WANTS TO ABSTAIN. OKAY I'LL MOVE IT. >> MOVED, MS.ALAURA, WOULD YOU MIND SECONDING. >> I DID. >> OKAY, I DIDN'T HEAR. ?R. POPE. >> AYE. >> MS. HIGGINS? >> YES. >> MR. ALAURA? >> YES. >> MR. KRIEG, YOU ABSTAIN? >> YES. >> SO IT'S UNANIMOUS 4-YES. ONE ABSTENTION FOR APPROVALS. NOW WE'RE OFF TO ITEM 1, WAIVE THE FIRST READING AND INTRODUCE THE ORDINANCE ADDING CHAPTER 14 TO THE TITLE OF 5 OF THE OPENING MUNICIPAL CODE REGARDING SHORT-TERM RENTALS WITHIN THE LIMITS? MR. McMU RE. >> GOOD EVENING, I WOULD LIKE TO PRESENT A SHORT REPORT ON THIS CITY INITIATED TO OUR MUNICIPAL CODE THAT WILL PERMIT PROCESS FOR SHORT-TERM RENTALS IN OUR CITY. BACK IN DECEMBER OF 2018, CITY STAFF PRESENTED AN ORDINANCE TO CITY COUNCIL. AT THE TIME THE CITY COUNCIL DIRECTED STAFF TO WAIT AND (INAUDIBLE) [OFF MIC] AND IN DOING SO--ATTORNEY'S OFFICE AND CA*FTED THE ORDINANCE WHICH IS SIMILAR TO WHAT YOU SAW BACK IN 2018 MINUS A FEW CHANGES THAT ARE DETAILED IN THE STAFF REPORT. BUT JUST TO GO THROUGH THOSE, WE INCLUDE A DEFINITION FOR VACATION RENTALS. AND WITH THOSE BEING DEFINED WE PROHIBIT THEM OUT RIGHT, AND THE NUMBER WAS ADJUSTED AT DAYTIME GUESTS AS YOU WOULD FIND, THERE WAS ADJUSTED TO CAPITOL MEMBER GUEST 8 AND DAYTIME GUEST AT 16, IF YOU HAVE A 4-BEDROOM OR GREATER HOME. SO IN THE ORDINANCE THERE IS A SLIDING SCALE FOR HOW MANY GUEST YOU CAN HAVE IN THE DAY OR NIGHT DEPENDING ON HOW MANY BEDROOMS YOU'VE HAD. AND IN CLOSING THE ORDINANCE IT DOES APPLY A RECREATIONAL PROCESS, DESIGN STANDARDS AND CONDITIONS AS WELL AS THE PROCEEDURE STAFF RECOMMENDS THAT YOU WAVE THE FIRST READ ANDING THAT CONCLUDES MY PRESENTATION AND I'M AVAILABLE FOR ANY QUESTIONS. >> QUESTIONS, MS. HIGGINS? >> I JUST WONDERED, HAVE WE EVER GOT A COUNT ON HOW MANY OF THESE WE HAVE IN OAKLEY? >> SURE, WE DO CHECK REGULARLY, WE DO GET INQUIRIES FROM TIME TO TIME. IN THE LAST TIME WE CHECKED, THERE WERE ABOUT 8 TO 9 IN THE CITY. >> THANK YOU. >> QUESTIONS MR. POPE? >> SO WE'VE GOT A COUPLE OF WEDDING VENUES IN THE CITY. AND I KNOW AT LEAST ONE HAS A HOME THAT IS RENTED WITH THE VENUE. WOULD THAT ORDINANCE APPLY TO THAT? OR DOES THAT FALL UNDER DIFFERENT RULES? >> WELL, I THINK IF IT'S WITH THE DEFINITION OF A SHORT-TERM RENT A AL IT WOULD. ARE YOU TALKING ABOUT THE WEDDING VENUE? THOSE WERE APPROVED AS CARE TAKER UNITS, SPECIFICALLY IF I'M NOT REMEMBERING RIGHT, THE LA GRON AND GARDEN HAVE A CARE TAKERS UNIT APPROVED WITH THEIR PROJECT. THIS WOULD NOT CONFLICT WITH THAT. >> I WAS JUST CONCERNED BECAUSE THEY RENT IT AND THE BRIDAL PARTY RENTS THE HOUSE ALONG WITH THE VENUE. I WOULD NOT WANT THIS TO BE NEGATIVELY AFFECT THAT. THAT'S MY ONLY QUESTION. >> QUESTIONS MR. ALAURA? >> YES, THANK YOU. I HAVE A COUPLE OF QUESTIONS. IN THE PREVIOUS DISCUSSIONS, I HAVE ASKED IF WE CAN FIND OUT, IS THERE A STATE MINIMUM OR DO WE HAVE, I'M NOT SURE IF IT'S A LOCAL REQUIREMENT OF X-AMOUNT OF DAYS TO DETERMINE OCCUPANCY FOR RESIDENTS. I NOTICED THAT IN OUR PROPOSED ORDINANCE, FOR A PERIOD OF LONGER THAN 30 CONSECUTIVE DAYS TO RENT. I'M WONDERING IF 30 DAYS ESTABLISHES OCCUPANCY FOR SOMEBODY, AND THEREFORE WOULD IT THEN LEAD TO GET AN EVICTION TO GET SOMEBODY OUT IF THEY DECIDE NOT TO LEAVE AFTER 30 DAYS? IS THERE A NUMBER OF DAYS EITHER BY THE LOCALLY THAT WE HAVE TO DETERMINES AN OCCUPANCY FOR SOMEBODY? >> THIS IS DEREK, I'LL JUMP IN ON THIS ONE. THE SHORT ANSWER IS THAT AN EVICTION WOULD BE REQUIRED. >> OKAY. >> THE TECHNICALLY LEGAL STATUS OF A PERSON AFTER 30 DAYS, WOULD THERE BE TENANTS, OR WOULD THERE BE TENANT AT WILL WHICH IS A TYPE OF TENANTS WHERE SOMEBODY HAD PERMISSION BUT OVER STAYED THEIR WELCOME, TECHNICALLY THAT'S CALLED A TENANT SEE AT WILL. AND WOULD IT BE AN UNLAWFUL DETAINER OR FORCABLE DETAINER WHICH IS A COUSIN OF THE DETAINER. THERE IS NOTHING WE CAN DO TO STOP THAT. WE CAN'T SEND THE POLICE OUT THERE ON DAY 31 AND HAVE THEM CALL THE PERSON OFF, UNFORTUNATELY. >> THEN I WOULD SUGGEST TO HELP THE BUSINESS OWNER OF THE PROPERTY THAT WE MAKE THIS MY SUGGESTION WOULD BE TO MAKE IT 29 DAYS OR FEWER BUT AS THE MAXIMUM AMOUNT OF DAYS TO BE ABLE TO RENT. WHETHER THEY COMPLY OR NOT, THAT IS UP TO THEM. THEY WOULD HAVE TO GO THROUGH THE WHOLE THING IF SOMEBODY DECIDED TO STAY BEYOND THE TIME. BUT AT LEAST IN THIS, IT TAKES IT CLEAR THAT YOU CANNOT ESTABLISH A RESIDENCE THROUGH THIS. THAT'S ONE, THAT WOULD BE MY RECOMMENDATION TO COMBAT AT. I HAVE ANOTHER QUESTION, I THINK BEFORE I HAD TALKED ABOUT MAKING 25 THE MINIMUM AGE TO RENT LIKE THEY DO WITH RENTAL CARS OR AT LEAST, THEY WRITE THE RULES SO THAT IT ENCOURAGES THOSE 25 AND OVER TO RENT TO MAKE IT HARDER FOR THOSE UNDER 25 TO BE ABLE TO DO THAT. IT'S ONLY A FEW YEARS BUT I FEEL LIKE THE MATURITY THING MAY MAKE A DIFFERENCE. YOU SEE, A LITTLE MORE RESPONSIBILITY FROM THOSE OF A HIGHER ENDS OF 20s AND YOUNGER ENDS, NOT TO OFFEND ANYBODY BUT THAT'S JUST MY EXPERIENCE. AND IT DOES MEAN SOMETHING WHEN RENTAL CARS WILL NOT LET PEOPLE YOUNGER AGE RENT CARS SO WHAT MORE WITH THE HOUSE AND ALL THE RESPONSIBILITIES THAT COMES WITH THAT. I WOULD LIKE TO SUGGEST THAT AS A MINIMUM AGE INSTEAD OF 21. AND THEN, LASTLY, I HAD SOME QUESTIONS ABOUT THE ENFORCEMENT PART OF IT. MAYBE THESE CAN'T BE ANSWERED UNTIL WE COME ACROSS THEM. BUT WE DO R*IR IN ORDER FOR THEM TO RECEIVE A PERMIT APPROVAL FOR FIRE SAFETY WHICH INCLUDES FIRE EXTINGUISHER AND CARBON MONOXIDE DETECTORS. IS THAT GOING TO BE EXECUTED BY STAFF OR SOMEBODY THAT HAS TO BE DONE BIT FIRE DISTRICT? SO ARE THERE ASSOCIATED WITH THAT THAT WE HAVE TO COLLECTOR THAT THE APPLICANT HAS TO COLLECT NEEDS TO PAY DIRECT TO THE FIRE DEPARTMENT OR FIRE DISTRICT IN ORDER TO GET THAT CHECKLIST COMPLETED. >> SURE, I CAN ANSWER THAT. >> I'LL STOP THERE. YES. >> THOSE ARE ALL TYPICAL THINGS THAT WE WOULD CHECK. WE'RE NOT INTENDING TO VOLVE FIRE DISTRICT IN THE PERMIT APPROVAL. WE HAVE NOT DEVELOPED THE APPLICATION YET. I WOULD ANTICIPATE YOU KNOW, VERY SIMILAR TO OUR, YOU KNOW, TO OUR RENTAL DWELLING UNIT WHICH WOULD SELF CERTIFY THAT YOU HAVE EVERYTHING AND THAT YOU WOULD ATTEST THAT EVERYTHING THAT YOU'RE SIGNING AND SAYING THAT YOU HAVE IS TRUE. AND YOU KNOW, THAT WOULD ALL BE HANDLED WHEN WE CREATE THE APPLICATION. AND YOU'LL HAVE TO BRING BACK A FEE TO THE CITY COUNCIL THAT WOULD HAVE TO BE COLLECTED. >> IS THAT HOW IT'S HANDLED WITH THE OTHER APPLICATION, SORT OF A SELF CERTIFICATION? HOW IT'S DONE NOW AND OTHER THINGS? >> NOT NECESSARILY ON A BUILDING PERMIT. THE BUILDING SECTOR WOULD MAKE SURE THAT THOSE ARE INSTALLED. >> OKAY. >> WE COULD IF IT'S THE PLEASURE OF THE COUNCIL TO INSTRUCT US SINCE WE HAVE SO FEW OF THESE. I WAS JUST TRYING TO MAKE, MY THOUGHT WAS TO TRY TO MAKE THE APPLICATION PROCESS, AS STREAMLINE AS POSSIBLE. >> RIGHT, AND I DON'T WANT TO MAKE IT EXTREMELY DIFFICULT BUT I DO, WE ARE THE ONES ISSUING THE PERMIT WE'RE THEN SAYING, ANYBODY THAT STAYS THERE IT'S BEEN CHECKED FOR ALL OF THESE DETECTORS, BUT IT HAS NOT BEEN BECAUSE OF DECEPTION. DOESN'T THAT FALL ON US ON THE CITY? BECAUSE WE HAVE NOT DONE OUR DUE DILIGENCE TO MAKE SURE THAT THOSE THINGS WERE CHECKED OFF? >> WELL, I WOULD SAY IT'S SOMEWHAT SIMILAR TO YOU KNOW, HOMEBASE BUSINESS PERMIT. THERE IS 12 OR 15 REQUIREMENTS THAT WE ASK THE BUSINESS OWNERS TO SELF CERTIFY THAT YOU CAN COMPLY WITH ALL OF THOSE. AND YOU KNOW, THERE IS VOLUME ON THAT IS MUCH MORE TO WHERE WE DON'T GO OUT AND INSPECT. WE CAN DO IT EITHER WAY ON THIS. I DON'T THINK THE VOLUME IS GOING TO BE HEAVY ENOUGH WHERE IT WOULD IMPACT US IF WE HAD TO GO OUT AND DO AN INSPECTION. >> THAT'S SOMETHING THAT I WANTED TO THROW OUT. OH AND THE LAST THING, NOT ONLY DOES IT REQUIRE AN APPROVED PERMIT, IT ALSO REQUIRES A BUSINESS LICENSE? >> CORRECT. >> FOR PART OF THIS PROCESS. >> YES. >> SO TO THE BUSINESS LICENSE, IT WOULD BE CONSIDERED A HOMEBASE BUSINESS BUT WHERE DEGREE WHERE PEOPLE DON'T HAVE TO ENTER INTO THEIR HOMES, PEOPLE ENTER INTO THIS ONE. DOES THE BUSINESS LICENSE HAVE TO BE DISPLAYED SOMEWHERE IN THE PROPERTY? BEFORE, INSIDE OR OUTSIDE? OF THE PROPERTY, MAYBE THROUGH A WINDOW OR SOMETHING? AND THEN ALSO, DOES THE IMMEDIATE NEIGHBORHOOD OR HOWEVER MANY, YOU KNOW, FEET AROUND IT NEED TO BE AWARE OF OR NOTIFIED THAT THIS IS HOW BUSINESS WITHIN THE RESIDENTIAL NEIGHBORHOOD? >> ANSWER THE FIRST PART, THE SECOND PART FIRST. THERE IS NO REQUIREMENT TO NOTIFY ANY OF THE NEIGHBORS. BUT IF THAT'S SOMETHING THE COUNCIL WISHES TO ADD IN, WE COULD ADD IN. WE COULD ADD IN SOMETHING SIMILAR TO IF YOU HAVE A HOMEBASE BUSINESS THAT IS REQUIRING A MINOR EXCEPTION IF YOU'RE ON A LARGER LOT, WE DO NOTIFY THE ADJACENT PROPERTY OWNERS TO SEE IF THEY HAVE A ISSUE WITH IT. THERE IS SIMILAR ISSUE. THE BUSINESS PART, THE CODE DOES REQUIRE THAT'S A PLACE IN A VISIBLE LOCATION. AND I WOULD ASSUME THAT WOULD BE INSIDE THE RESIDENCE RIGHT WHERE YOU ARE. >> OKAY. ALL RIGHT, THANK YOU. NO MORE QUESTIONS. >> MR. KRIEG? QUESTIONS? COMMENTS? >> I HAVE SOME CONCERNS ABOUT WHETHER WE SHOULD INCLUDE A REQUIREMENT THAT THESE FACILITIES ARE OCCUPIED BY THE OWNER. IT'S MY UNDERSTANDING THAT WE HAVE ONE HERE IN THE CITY THAT SUN OCCUPIED AND ONLY USED FOR ONE OF THESE SHORT-RENTALS. I THINK WE SHOULD INCLUDE THE REQUIREMENT THAT THE SHORT-TERM ARE ONLY AVAILABLE IN OWNER OCCUPIED RESIDENTS. >> IF I CAN JUST JUMP IN REAL QUICK. I DID MENTION IN MY STAFF REPORT. THERE WAS A CONSENSUS LAST TIME WHEN WE PRESENTED TO THE CITY COUNCIL. TO INCLUDE UNHOSTED STAYS. >> THAT COUNTS REASONABLE? THAT'S ALL I HAVE. >> I WOULD LIKE TO KEEP THIS AS STREAM LINED AS POSSIBLE AND SIMILAR TO OTHER REQUIREMENTS THAT WE REQUIRE OF OTHER HOME BUSINESSES AND TRY NOT TO TO GO THROUGH ANY OTHER HOME BUSINESS THAT WE WOULDN'T HAVE. I HAVE NO PROBLEM HAVING IT OWNER OCCUPIED THAT WE CURRENTLY DO WITH OTHER BUSINESSES. BUT I DON'T WANT STAFF TO GET MORE INVOLVED WITH THIS AN OTHER BUSINESSES. WE DO HAVE A LEAN AND MEAN STAFF HERE. AND I KNOW IT'S BEEN STATED THAT WE HAVE RELATIVELY FEW, THAT'S BECAUSE WE HAVE NOT ALLOWED THEM OR BANNED THEM IN THE PAST BUT AS WE COME OUT OF OUR SHELVES SO TO SPEAK AND ALLOW THEM, I'M SURE THERE WILL BE MORE COMING FORWARD THAN THEY HAVE BEEN IN THE PAST. MR. POPE? >> YES, THANK YOU. I BROUGHT THIS UP INITIALLY. WHICH IS NOT TO HAVE THESE INVESTORS BUYING HOMES. I WANT TO MAKE IT AS EASY AS POSSIBLE FOR THE HOMEOWNER, PERHAPS EMPTY NESTER TO RENT THE ROOMS OUT TO TRAVELERS OR PEOPLE ATTENDING WEDDINGS IN TOWN OR WHAT HAVE YOU, TO MAKE IT AS EASY AS POSSIBLE BUT NOT TO HAVE THESE OUT OF TOWN INVESTORS WHERE WE'VE HAD A HISTORY OF ISSUES WITH THOSE TYPES OF HOUSES IN THE PAST. SO A TRAEM LINE FOR A HOSTED VACATION RENTAL. >> WRONG TERM. TO RENT OUT HOMES IN YOUR HOME WHILE YOU ARE HOME TO USE PLAIN LINGO. >> MS. HIGGINS. >> YEAH, I LIKE EVERYTHING THAT CLAIRE AND EVERYBODY BROUGHT UP. I THINK IT'S A GOOD IDEA TO HAVE SHORT-TERM RENTALS AND TO KEEP IT STREAM LINED AND TO KEEP IT SIMPLE. >> THAT'S ALAURA? >> I DO NOT HAVE AN ISSUE WITH MAKING IT AN OWNER OCCUPIED RENTAL. AS FAR AS THE OTHER THING WITH THE AGE LIMIT AND THE CHANGING OF THE AMOUNT OF DAYS THAT IT CAN BE RENTED AT MAX, IS THERE OTHER. THAT HE AGREES WITH THOSE THINGS? ANY OTHERS THAT WE CAN HAVE ANY INPUT IN THAT TO GIVE TO STAFF? SO AS WE GO TLUT PROCESS, WE WANT OWNER OCCUPIED AT 25 INSTEAD OF 21 AND KEEP THE PROCESS AS STREAM LINED AS POSSIBLE? >> NOW. >> IS THERE A MINIMUM AMOUNT? OR MAXIMUM AT 29 TO 30? >> I DON'T THINK, 29 IT'S AFTER 30 DAYS, SO I DON'T THINK IT MATTERS IF IT'S 29 OR 30. CORRECT ME IF I'M WRONG DEREK, IT'S TOUP 30 DAYS, NOT AFTER 30 DAYS. >> CORRECT, AFTER 30 DAYS. AND EVEN THEN THE STATUS WESTBOUND NEBULOUS. >> OKAY, SO 29, 30, IT REALLY DOES NOT MATTER AS FAR AS WHEN THEY BECOME A TENANT AND IT TAKES AN EXTRA EFFORT TO GET THEM OUT OF YOUR HOUSE. >> SO THIS IS DEREK, ONE CHANGE THAT HAS BEEN PROPOSED IS TO THE RESPONSIBLE PERSON WHICH IS IN SECTION 5.44.6 NUMBER 9, THAT WOULD BE A CHANGE TO 25, IF THAT IS THE PLEASURE OF THE COUNCIL. AND THEN, IF THE COUNCIL WANTS TO REQUIRE THAT THE HOSTESS, THAT HOSTING BE REQUIRED MY RECOMMENDATION WOULD BE THAT BE INCLUDED IN 5.11146 WHICH IS STANDARD REQUIREMENT. AND WHAT I WOULD SUGGEST THAT THE LANGUAGE READ THAT, THE SHORT-TERM RENTAL SHALL BE A HOSTED RENTAL FOR THE DURATION OF ANY OCCUPANCY VIA TRANSIENT. >> OKAY. >> I CAN TRY TO WRITE THAT AGAIN. HOPEFULLY WE GOT THAT, IF NOT WE'LL GET THE TAPE ON THAT. BUT. >> I GOT IT ALL. >> OKAY, SO IF THE COUNTY, THE REASON I'M SAYING IF THE COUNCIL HAS THE PLEASURE TO INCLUDE THIS TONIGHT WITH THE CHANGES, WE CAN MAKE THOSE AND INTRODUCE THIS ORDINANCE AND BRING IT BACK FOR YOUR FINAL VOTE AT THE NEXT MEETING. OTHER OPTION WOULD BE TO LET US JUST GO BACK AND MAKE THE CHANGES OURSELVES AND WORK ON THAT, BUT I DON'T THINK WE NEED TO WORK THESE CHANGES AS IF WE WERE TO DO THE OTHER OPTION, THEN YOU'RE ESSENTIALLY POSTPONING THE INTRODUCTION. SOL YOU'RE GOING TO HAVE TWO MORE MEETINGS. SO IT SOUNDS LIKE THESE CHANGES, IF IT'S THE PLEASURE OF THE COUNCIL CAN BOTH BE MADE WITH THOSE ADDITIONS, IF THAT'S, YOU KNOW THE INTENTION OF WHOEVER MAKES THE MOTION. >> I WILL MAKE A MOTION. >> OKAY. >> IF NOBODY ELSE HAS ANYTHING. TO PASS AS IT IS WITH THE TWO UPDATES. >> SECOND. >> I'LL SECOND. >> OKAY, I HAVE A SECOND. MR. POPE? >> AYE. >> MS. HIGGINS? >> AYE. >> MS. ALAURA? >> AYE. >> MR. KRIEG. >> AYE. >> AYE FOR MYSELF. ALL IN FAVOR, UNANIMOUS. THANK YOU. ITEM 4.2 REVIEW OF THE CONTINUAL USE PERMIT APPLICATION, 7 MARS GRISHLTION 200 WEST CYPRESS AVENUE, FROM UPGRADE TO BEER AND WINE TO TYPE 7 LIQUOR LICENSES, MR. STRETLO. >> TUZ VERY MUCH. --THANK YOU, VERY MUCH. THIS IS KEN STEWARD GIVEN APPROVAL FOR 7 MARES RESTAURANT. THE OWNERS HAVE APPLIED TO ABC FOR A LIQUOR LICENSE TO INCREASE THE SALE FROM BEER TO WINE TO INCLUDE SPIRITS. THEIR MAIN GOAL IS TO SERVE MARGARITAS. THE BUSINESS WOULD STILL OPERATE IN THE SAME FASHION, IT WOULD STILL BE A FULL RESTAURANT OTHER WITH NO MAJOR CHANGES OTHER THAN ADDITIONAL SHELVING FOR LIQUOR AND HOURS OF OPERATION WOULD REMAIN UNCHANGED. I WANT TO POINT OUT, THE DEFINITION THAT WE HAVE IN THE ZONING FOR FULL BAR IS A LITTLE LEADING, PEOPLE MAY THINK THIS IS GOING TO BE A BAR. FULL BAR IS JUST TO INDICATE WHAT TYPE OF ALCOHOL IS GOING TO BE SERVED AT THE LOCATION. THE ANALYSIS OF THE REPORT, WE WENT AHEAD TO LOOK AT THE CENSUS TRACK FOR THIS AREA WHICH RUNS ALONG MAIN STREET ON THE NORTH AND EAST DOWN TO BROWN STONE AND PARTS OF O'HARE A INCLUDING SOME PROPERTIES WEST OF O HARE A. AND ABC CAN PERMIT UP TO 9 ALCOHOL LICENSES FOR THIS AREA. THEY HAVE FOUR, TWO IS CALMARCH AND AMPM ARCO. AND THE OTHER TWO ARE RESTAURANTS JALISCO AND THE APPLICANT'S RESTAURANT. THIS WILL NOT INCREASE THE NUMBER OF ALCOHOL LICENSES IT WOULD ONLY CHANGE THE LICENSE FOR THE RESTAURANT IN THE TIME BEING. THEY HAVE ADDED CONDITIONS FOR APPROVAL JUST TO ENSURE THAT THE BUSINESS DOES CONTINUE TO OPERATE AS IT CURRENTLY OPERATES. THAT THERE IS NO CHANGE OF OPERATION OR ADDITIONAL NIGHTCLUB HOURS OR SOME OF YOU MAY KNOW AND HAVE MEMORIES THAT THIS IS A FORMER LOCATION OF MELODY LOUNGE, WAY BACK THEN. AND I KNOW THE WISH OF THE COUNCIL IS NOT TO HAVE ANOTHER REPEATED ACT. I HAVE CONTACTED THE APPLICANT, MS. ANA FEWERAS. AND SHE HAS APPROVED TO THE CONDITIONS OF A PRAOL. SHE MAY BE ABLE TO ANSWER ANY QUESTIONS THAT THE COUNCIL MAY HAVE. WITH THAT, THAT CONCLUDES MY STAFF REPORT. STAFF IS RECOMMENDING APPROVAL AS CONDITIONED. THANK YOU. >> WE GO TO QUESTIONS. >> MR. POPE? >> NO QUESTIONS. >> MS. HIGGINS? >> NO. >> MS. ALAURA? >> IS THE OWNER ON THE CALL? >> I'LL ASK THAT IN A MINUTE. >> MR. KRIEG? >> FROM MY UNDERSTANDING THAT THE POLICE DEPARTMENT IS HAS NO ISSUES, IS THAT CORRECT? THUMBS UP FROM THE CHIEF? >> OKAY. IF THE POLICE DEPARTMENT IS HAPPY WITH IT, SO AM I. NO FURTHER QUESTIONS. >> NOW I'LL OPEN TO THE PUBLIC HEARING? IS THERE ANYBODY OUT THERE THAT WOULD LIKE TO TALK ABOUT THIS ISSUE? APPARENTLY NOT, SO I'LL CLOSE THE PUBLIC HEARING. AND OPEN UP FOR FURTHER DISCUSSION OR MOTION? >> YOU MIGHT WANT TO ASK ABOUT THE APPLICANT? >> IS SHE ON THE CALL? >> I DON'T BELIEVE SHE IS. DID YOU HAVE A QUESTION WE MAY BE ABLE TO ANSWER THAT YOU HAVE? >> OH SHE IS. >> I AM. I'VE BEEN ON. >> OH WELCOME. >> THANK YOU. >> DO YOU WANT TO SAY, I AM A PATRON OF YOUR RESTAURANT AND HAVE ENJOYED MY EXPERIENCES THERE. I GUESS I HAD NOT REALIZED, HAS MARGARITA HAS BEEN A THING A DESIRE AND NOT BEEN ABLE TO SERVE THEM UP TO THIS POINT? OR WHAT PROPELLED TO YOU ASK FOR THIS CHANGE IN LICENSE? >> RIGHT. SO YOU KNOW, OUR MARGARITA IS PRETTY MUCH A TOP DRINK OR IT WOULD BE. BUT WHEN THEY FIND OUT WE DON'T HAVE TEQUILA TO COME WITH IT, THEY SAY, I'LL JUST TAKE A SODA OR CHOOSE SOMETHING ELSE. SO IF WICK INCORPORATE MARGARITA, THAT WOULD DEFINITELY HELP A LOT. >> OKAY. GREAT. AND DURING THIS TIME, I HEAR THAT YOU DO HAVE HOURS FOR TAKE OUT AT THIS TIME, THAT'S CORRECT? >> THAT'S CORRECT, YES. >> GOOD, I'M GLAD YOU CAN KEEP OPEN DURING THIS TIME. THANK YOU. >> THANK YOU. >> OKAY. >> ANY ADDITIONAL QUESTIONS? >> MOVE FOR APPROVAL. >> I HAVE ONE. DO I HEAR A SECOND? MR. KRIEG WAS THE ORIGINAL MOTION, DO I HAVE A SECOND. >> I'LL SECOND. >> TWO. >> I'VE GOT A SECOND BUSINESS CLAIRE AND SUE, TIDE. ROLL CALL MR. POPE. >> AYE. >> MS. HIGGINS. >> AYE. >> MR. KRIEG? >> AYE. >> MS. ALAURA? >> AYE. >> MYSELF AYE, 5-0. WE MOVE ON TO THE NEXT ITEM, FENCES AND OTHER STRUCTURES AND OAKLEY MUNICIPAL SECTION 911122 YARDS MR. STRELO? >> THANK YOU, AGAIN MR. MAYOR. THIS HAS THREE SECTION THAT'S ARE SEPARATED, IS THE ONE OF THEM COVERS ACCESSORY DWELLING UNITS AND THE OTHER FENCES AND THE THIRD ONE BASICALLY POOL EQUIPMENT OR POOL PUMPS. THE FIRST SECTION IS OVERALL TO THE CODES YOU DON'T SEE LINES, THIS IS PRETTY MUCH AN OVERHAUL. WHAT THE SEE DID, WAS GO TO OFF THE COSTA ORDINANCE AND THEY'RE IN COMPLIANCE. AND THE STAFF REPORT DOES LIST MOST OF THE CHANGES HERE. I'M ASSUMING THE SIGNIFICANT ONES ARE THE ALLOWANCE OF AD USE CONVERSION OF HOMES LESS THAN 500 SQUARE FEET, THOSE ARE CALLED JUNIOR USE. THE ADDITION WOULD BE A CONVERSION OF THE GARAGE OR EVEN AN EXISTING PART OF THE HOME. THERE ARE SOME MINIMUMS THAT WE WOULD NEED TO APPROVE. AND TO PUT IT, TO SUMMARIZE THAT IMAGINE A STRUCTURE ABOUT SIX-FEET TALL AND FOUR FEET FROM THE SIDE OF THE PROPERTY LINE. THOSE COULD BE UP TO 850 SQUARE FEET. WE'RE ALLOWING UP TO 1200 ON LARGER STATE LOTS, LARGER IS WHAT WE PROPOSE. AND THEN THESE, EDUs THAT ARE UP TO 800 SQUARE FEET WERE ADMINISTRATIVE LEA PROVED. ACCESSORY STRUCTURE ORDINANCE ALLOWS UP TO 15 FEET, THESE WOULD BE UP TO 16 FEET. THIS WOULD GO UNTIL JANUARY 1, 2025, BUT ALSO REMOVES THE REQUIREMENT FOR OWNER OCCUPIED STRUCTURE. SO THESE COULD BE INVESTMENT PROPERTIES ACCORDING TO STATE LAW. AND THEN ON JANUARY 3, 2025 THIS WOULD SUNSET AND THERE WOULD BE SOME CHANGES AND AGAIN THEY WOULD HAVE TO BE OWNER OCCUPIED AND ALSO GIVES RELAXATION ON ANY ADUs FOUND OUT OF COMPLIANCE TO HAVE MULTIPLE YEARS TO CORRECT THOSE. THE STATE HAS MADE SOME MAJOR CHANGES HERE. AND IN ESSENCE, THIS IS AN EXAMPLE IS TO PASS THE CONSTRUCTION OF ADUs GIVEN THE HOUSING CRISIS IN THE STATE OF CALIFORNIA. WE DO HAVE A 50,000 GRANT THAT WE HAVE RECEIVED THROUGH SB2 AND WHAT WE'LL BE SEEING IN THE FUTURE, JOSH IS WORKING ON THIS IS KIND OF SOME BUILT POINT PLANS THAT PEOPLE CAN PICKUP AND GET SOME ADUs BUILT IN THEIR PROPERTIES. SO THE OTHER TWO ARE A LITTLE MORE REPORT. AND FOR FENSZ, WHAT WE'RE LOOKING IS CLARIFYING THE LANGUAGE SO WE'RE DEFINING STANDARD LOTS, UNDER 15,000 SQUARE FEET AND THE STATE LOTS IS 15,000 SQUARE FEET OR LARGER. THIS IS THE SAME IN THERE, BUT WE'RE CHANGING THE LANGUAGE TO BETTER DEFINE IT. THE REAL CHANGE HERE IS TO ALLOW FRONT YARD FENCES ON STANDARD LOTS SO IN A TRACT HOME NEIGHBORHOOD, CURRENTLY THEY'RE ONLY ALLOWED 3 FEET TALL. THEY CAN BE AN OPEN FENCE OR CLOSED FENCE. THIS AMOUNT WOULD ALLOW THEM TO ADD 18 INCHES ON TOP OF THAT 3 FEET OR JUST BUILDUP. WHAT IS THE PORTION ABOUT 3 IS OPEN FENCE. SO BASICALLY YOU CAN HAVE COMBINATION WITH ?B OPEN ON TOP. AND OPEN IS CONSIDERED AT LEAST HALF THE SPACE IS OPEN. A COUPLE OF OTHER THINGS THAT WE CHANGED IS, WE SEE A LOT OF FOLKS MOVING IN OUR SIDE YARD FENCES, CLOSER TO THE STREET AFTER THEY PURCHASED THE HOME. OR THE FENCE BETWEEN THE HOME WHERE A GATE MAY BE AND THAT'S FINE A LOT OF BUILDERS DO THAT TO HAVE SOME VARIATION. SO WE'RE JUST ADDING A STIPULATION, IT'S MORE ESTHETICKLY PLEASING IT LOOKS BETTER THAN A FLAT LINE. AND JUST FOR ENTRY FEATURES ALLOW TO BE, 8 FEET TALL AND YOU CAN HAVE A COMBINATION OF TOUP 4 FEET IN WIDTH. SO ON THE STATE LOTS THAT WOULD BE DOUBLE TO 8 FEET WIDTH. THIS WILL BE ENTRY COLUMNS, WALKWAY UP TO THE HOUSE OR SOMETHING LIKE THAT. MOVING ON TO YARDS, THIS ONE IS THE MOST SIMPLE HERE, I THINK. WE'VE HAD A LOT OF POOL CONTRACTORS ASK FOR SETBACKS. AND REALLY THE ANSWER IS, FOR NOISE AND SO THAT NEIGHBORS DON'T HAVE THEIR THESE UP AGAINST THEIR FENCES IF THEY'RE NEIGHBOR HAS THE POOL. WE'VE DONE SOME RESEARCH. WE'VE BEEN REQUESTED TO TAKE A LOOK AT THE CODE AND MAYBE CHANGE IT. THEY DO MAKE PRETTY QUIET POOL PUMP THAT WHISPER QUIET OR IF WE HAVE ENCLOSURES THAT BRING THEM TO VERY VERY LOW INVOLVES. THIS WOULD ALLOW POOL EQUIPMENT WITH A DECIBEL LEVEL OF 45 OR LESS TO BE UP TO THE PROPERTY LINE SO IT COULD BE WITHIN THAT PROPERTY SETBACK. AND THOSE ARE THE THREE ORDINANCE CHANGES THAT WE'RE REQUESTING THE CITY COUNCIL TO LOOK AT. IT DOES INCLUDE MY REPORT AND WE'RE ASKING FOR THE WAIVE OF THE FIRST READING INTRODUCTION OF ORDINANCE. QUESTIONS FOR THE STAFF? MR. POPE? >> ON THE DWELLING UNITS, CAN YOU CLARIFY THE OWNER OCCUPIED REQUIREMENT? >> YEAH, SO THE STATE HAS SAID, THESE NO LONGER NEED TO BE OWNER OCCUPIED. ESSENTIALLY. SO CURRENTLY, YOU'RE UP ORIGINING OF 2020, YOU CAN REQUIRE THAT A PROPERTY WITH AN ADU, THAT THE OWNER OF THE PROPERTY LIVE IN THE PRIMARY UNIT OR THE ACCESSORY UNIT. ON JANUARY 1, 2025 WHEN THESE REGULATIONS SUNSET. THEY SUNSET BUT THEY ONLY HAVE A FEW CHANGES THAT HAPPENED AT THAT POINT. THE ONLY DIFFERENCE IS THE OCCUPANCY CAVEAT COME INTO PLAY. BUT THAT WOULD NOT BE A REQUIREMENT THAT WE CAN ENFORCE. >> SO UNTIL 2025 WE'RE PROHIBITED FROM REQUIRING THE OWNER OCCUPANCY. >> YES. >> BUT AFTER WE CAN REQUIRE IT? >> YES. >> CAN WE DRAFT THIS ORDINANCE IN A MATTER TO REQUIRE THAT? IN 2025 WITHOUT HAVING IT TO COME BACK? >> WE CAN DO THAT. WE CAN ADD THAT IN THERE. IT WOULD BE CONSISTENT WITH WHAT THE STATE REGULATION SAY. I'LL BE MORE THAN HAPPY TO ADD THAT INTO THAT STANDARD, JUST CALLING OUT THE SAME THING THAT THE STATE REGULATIONS CALL OUT. >> OKAY. I WOULD LIKE THAT, THAT'S MY ONLY QUESTION. >> MS. HIGGINS? >> NO QUESTION. >> MS. ALAURA? >> NO QUESTIONS, AND I AGREE WITH MAKING THAT NOTE SO THAT IN 2025 IT SORT OF REVERTS BACK TO WHAT WE HAVE NOW. >> MR. KRIEG? >> I DON'T HAVE A REAL SENSE OF WHAT THAT DECIMAL LEVEL FOR COMPONENTS IS, CAN YOU GIVE US SOME COMPARISON OF HOW QUIET THAT IS. I DO UNDERSTAND IF YOU HAD A SMALL YARD, IT WOULD BE IRRITATING TO HAVE A SWIMMING POOL PUMP. I HAVE A SWIMMING POOL PUMP AND IT'S LOUD. CAN YOU GIVE US AN EXAMPLE. >> AT 45 DISMALS IS SIMILAR TO THE HUMAN WHISPER. >> OH, THAT'S PRETTY QUIET. I GUESS I DON'T HAVE A PROBLEM WITH THAT. >> JUST TO JOIN EVERYONE ELSE IN HERE, THE CHANGES TO THE ADU, WE'RE COMPLYING WITH THE STATE LAW. THIS WAS NOT INITIALED BIT CITY OF OAKLEY OR COUNCIL. ONCE AGAIN, WE'RE COMPLYING WITH STATE LAW, CORRECT? >> YES, THAT'S CORRECT. >> IF THERE ARE NO OTHER QUESTIONS, LET'S OPEN THE PUBLIC HEARING AND ASK FOR QUESTIONS FROM ANYONE WHO IS LISTENING TONIGHT. I'LL CLOSE THE PUBLIC HEARING AND WE'LL GO TO EITHER DISCUSSION OR A MOTION. >> SO JUST ONE COMMENT AND THEN A MOTION. I JUST WANT TO SAY I APPRECIATE STAFF FOR THE OPENNESS AND WILLINGNESS THEY'VE HAD IN THESE MODIFICATIONS MAKE ITING MORE FLEXIBLE FOR HOMEOWNERS TO INSTALL EQUIPMENT AND FENCE SXZ SUCH FOR THE LAST TWO. WITH THAT, I MAKE A MOTION TO ADD THE REQUIREMENT THAT IN 2025 REREQUIRE THE OWNER OCCUPANCY AND TO APPROVE THE REMAINDER AS PRESENTED. >> OKAY, FIRST BY MR. POPE. DO I HAVE A SECOND. >> SECOND. >> SECONDED BY MS. HIGGINS. ?R. POPE. >> AYE. >> MS. HIGGINS? >> AYE. >> MS. ALAURA. >> AYE. >> MR. KRIEG? >> AYE. >> AYE. MOTION PASSES UNANIMOUSLY. ITEM 5 REGULAR CALENDAR, DISCUSSION REGARDING ADOPTION OF A RESOLUTION ENACTING A TEMPORARY MORATORIUM ON EVICTIONS, MR. COAL? >> THIS IS, MEMBERS OF THE COUNCIL THIS IS TO GIVE THE COUNCIL THE UPDATE ON THE LAY OF THE LAND SO TO SPEAK WITH REGARD TO TENANTS' RIGHTS AND EVICTIONS DURING THIS PUBLIC HEALTH EMERGENCY. THIS IS AN AREA THAT IS EVOLVING CURRENTLY AND THAT, THERE IS A PRETTY SIGNIFICANT DEVELOPMENT THAT I WILL GET TO HERE SHORTLY. BUT IN MY STAFF REPORT, I GAVE YOU THE SUMMARY STARTING WITH THE GOVERNOR EXECUTIVE ORDERS AND THEN THE ORDER OF CONTRA CASTA SUPERIOR COURT. AND LAST WEEK THE ORDER OF THE JUDICIAL COUNCIL WHICH IS THE BODY THAT DRAFTS THE RULES THAT GOVERNOR VARIOUS PROCEDURES IN CALIFORNIA COURTS AND IT'S ALSO SUPERVISORIAL FOR THE COURTS. PUTTING THOSE TOGETHER SO I CAN QUICKLY SUMMARIZE AND I CAN GET TO THE UPDATE OF WHAT HAPPENED AT THE BOARD OF SUPERVISORS THIS MORNING, BUT WITH THE JUDICIAL COUNCIL AND GOVERNOR'S ORDERS ALL EVICTIONS ARE ON HOLD WITH EXCEPTION OF EVICTIONS FOR HEALTH AND SAFETY REASONS. AND THAT APPLIES TO COMMERCIAL AS WELL AS RESIDENTIAL EVICTIONS. NOW I HAVE GOTTEN INTO THE WEEDS IN TERMS OF PROCEDURE. BASICALLY SOMEBODY CAN STILL FILE AN EVICTION PROCEEDING, WHAT IS CALLED AN UNLAWFUL DETAINER ACTION FORMERLY, BUT WHAT WILL HAPPEN IS THAT THE TENANT WILL NOT BE REQUIRED TO ANSWER TO FILE THE LEGAL RESPONSE THAT CONSTITUTES THEIR APPEARANCE FOR AT LEAST 60 DAYS AND POTENTIALLY LONGER DEPENDING ON WHEN THE ORDER IS LIFT BY THE JU DPISHL COUNCIL. --JUDICIAL COUNCIL. SO IF YOU'RE A LANDLORD AND YOU FILE YOUR PAPERWORK AND NOT DEALING WITH A HEALTH AND SAFETY SITUATION, AND REGARDLESS OF WHETHER IT'S A COMMERCIAL OR RESIDENTIAL TENANTS, YOU'RE NOT GOING TO GET ANYWHERE. YOU'RE GOING TO BASICALLY JUST BE FILING PAPERWORK AND YOUR CASE IS GOING TO SIT THERE DEFECTIVELY. AND YOU'RE GOING TO HAVE TO WAIT UNTIL THE COURT OPENS TO EVICTION PROCEEDINGS. THEN NORMAL TIME FRAMES WILL KICK IN. THAT'S WHERE WE ARE TODAY. THAT'S THE LEGAL STAUTS AS YOU ALL HAVE BEEN READING A NUMBER OF YOUR SISTER CITIES HAVE BEEN CONSIDERING AND ENACTING ORDINANCES OF THEIR OWN. THESE ORDINANCES GO AND SOME DO HAVE EVICTION MORATORIUM BUT THEY GO INTO SOME OTHER SUBJECTS. AND THE SUBJECTS TYPICALLY ARE WHAT HAPPENS WITH THE ACTUAL ACCRUAL OF RENT THAT OCCURS DURING THIS PUBLIC HEALTH EMERGENCY WHEN MANY PEOPLE ARE NOT WORKING? WHEN PEOPLE ARE STAYING AT HOME AND THEIR INCOME IS EITHER COMPLETELY GONE OR IT'S CUT CONSIDERABLY AND THEY'RE HAVING VERY SERIOUS PROBLEMS PAYING NOT ONLY THEIR RENT BUT OTHER ESSENTIAL EXPENSES BUYING GROCERIES. SO WHAT A NUMBER OF CITIES AND TODAY THE COUNTY, THE BOARD OF SUPERVISORS HAVE DISCUSSED IS HOW DO WE DEAL WITH THIS SITUATION OF RENT PAYMENT. ULTIMATELY, THE TYPICAL BASIS FOR AN EVICTION IS THAT YOU'RE NOT PAYING RENT. WHILE IT'S POSSIBLE TO GET EVICTED FOR VIOLATIONS OTHER TERMS OF A LEASE, 90 PLUS PERCENT IF NOT MORE EVICTIONS IS BECAUSE SOMEBODY IS NOT PAYING THEIR RENT. SO WHILE YOU CAN, YOU HAVE A MORATORIUM AFFECTIVE IN COURT. WHAT YOU DON'T HAVE RIGHT NOW IN A NUMBER OF JURISDICTIONS IS ANY PROTECTION FROM THE OBLIGATION TO PAY RENT. WHAT IF YOU CAN'T PAY RENT? YOUR LANDLORD CAN'T EVICT YOU, BUT THIS IS THE PROBLEM THAT WE'RE DISCUSSING TODAY. WHICH IS THE MOMENT THAT THESE PUBLIC HEALTH ORDERS ARE LIFTED AND THE COURTS REOPEN, YOU'RE GOING TO HAVE TENANTS, LET'S SAY IT'S JUNE OR JULY OR WHATEVER, YOU'RE GOING TO HAVE TENANTS THAT HAVE BEEN OUT OF WORK SINCE THE MIDDLE OF MARCH. AND YOU HAVE NOT BEEN ABLE TO PAY A COUPLE OF MONTHS OF RENT AND NOW ALL OF A SUDDEN THEIR LANDLORD IS GOING TO SAY I'M GOING TO COURT BECAUSE YOU HAVE NOT BEEN PAYING RENT FOR A FEW MONTHS. WHAT THEY SUGGEST TODAY, SHOULD THERE BE A GRACE PERIOD? AND WHAT A NUMBER OF CITIES HAVE DONE, IS YES. AND THE GRACE PERIOD RANGES FROM 3 TO 6 MONTHS. THE WAY IT WORKS IS, TENANTS ARE GIVING 3 MONTHS FOR EVERY MONTH THAT THEY'RE RENT I BELIEVE IS ONE CALCULATION. ANOTHER CALCULATION IS YOU HAVE 90 DAYS FROM THE DAY WHATEVER DAY THE EVICTION MORATORIUM IS LIFTED. YOU HAVE 90 DAYS TO COME CURRENT ON YOUR RENT THERE IS A DEBATE ON HOW LONG THAT SHOULD BE. BUT THERE IS A GRACE PERIOD THAT THE NUMBER OF CITIES AND THE COUNTY ARE CONSIDERING OR HAVE ENACTED. ANOTHER ISSUE IS LATE FEES. IF YOU'RE LATE ON YOUR RENT, TYPICALLY THERE IS A LATE FEE AND THAT LATE FEE CAN BE SUBSTANTIAL. SON ONLY WOULD THE LANDLORD IN AN EVICTION PROCEEDING TRY TO EVICT THE TENANT BUT THEY HAVE A LEGAL RIGHT TO GET THE PAST DUE RENT AND ANY LATE FEE THAT HAS ACCRUED. THAT'S ANOTHER ISSUE THAT A NUMBER OF CITIES HAVE ADDRESSED. THAT BRINGS US TO THE WHAT THE COUNTY DID TODAY. THE BOARD OF SUPERVISORS HAD NOT A FORMAL ADOPTION BUT THEY HAD A SUBSTANCE OF DISCUSSION WHICH I LISTENED TO. AND BASICALLY, THEY CONSIDERED THESE ISSUES AND THEY DIRECTED THEIR COUNTY COUNCIL TO COME BACK NEXT WEEK NEXT TUESDAY THE 21 WITH AN URGENCY ORDINANCE THAT WOULD BASICALLY HAVE A 120 DAY GRACE PERIOD RENT. SO BASICALLY THE TENANTS CAN DEFER THEIR RENT FOR 120 DAYS, BECAUSE OBVIOUSLY MANY OF THEM ARE NOT ABLE TO PAY THEIR RENT RIGHT NOW. ANOTHER ISSUE IS THAT RENTS WOULD BE FROZEN. SO YOU CANNOT RAISE RENTS DURING THIS TIME. SO THAT IF THERE IS AN AGREEMENT THAT ALLOWS THAT TO OCCUR, THAT AGREEMENT WOULD EFFECTIVELY BE ABRIDGED. AND THE LANDLORD WOULD HAVE TO FREEZE RENTS. THEY WERE OBVIOUSLY NO LATE FEES AS I MENTIONED. AND THEN, NOT ONLY WOULD THIS BE THE CASE BUT THIS WOULD BE RETROACTIVE BACK TO MARCH 16 WHICH WAS THE DATE THE GOVERNOR DECLARED THE EMERGENCY AND STAY-AT-HOME ORDER. SO WHAT THE COUNTY IS GOING TO DO OR AT LEAST, IT SOUNDS LIKE THIS WILL HAPPEN, BECAUSE ALL FIVE SUPERVISORS SEEM TO BE IN FAVOR OF THIS, IS TO ENACT A GRACE PERIOD AND TO PROHIBIT LATE FEES AND TO ALSO, YOU KNOW, BASICALLY LAYER THAT ON TOP OF THE EXISTING MORATORIUM THAT THE GOVERNOR AND JUDICIAL COUNCIL HAS PROVIDED. THE LEGAL WRINKLE IS THAT THE COUNTY COUNCIL ADVISED AND THE SUPERVISOR INSTRUCTED TO INVOKE THE PROVISION OF THE EMERGENCY DECKATION STATUTE WHICH IS GOVERNOR CODE, THAT ALLOWS THE COUNTY TO DECLARE AN EMERGENCY AND THAT SECTION SAYS THAT THE EMERGENCY APPLIES THROUGHOUT INCORPORATED PARTS. SO ALL THE CITIES AND CITY TERRITORY AND COUNTY WOULD BE SUBJECT TO THAT ORDINANCE BY VIRTUE OF THE EMERGENCY DECLARATION. TECHNICALLY WHEN A COUNTY DECLARES AN EMERGENCY, AND THE COUNTY IS THE LARGER, IMAGINE AN EARTHQUAKE, THEY'RE NOT GOING TO STOP AT THE CITY ORDER. WE WANT THE COUNTIES AS A LARGER ENTITY TO BE ABLE TO MAKE A DECISION WITHOUT HAVING TO HAVE ALL OF THESE CITIES GO THROUGH THEIR OWN PROCESS. AND SO IN THE EMERGENCY LAW, THE COUNTY CAN IN FACT, MAKE ORDINANCES AND REGULATIONS THAT ARE BINDING WITHIN OUR CITY LIMITS. AND THAT IS THE INTENTION OF THE COUNTY. THAT A COUNTY DOES RECOGNIZE IN YOUR NEIGHBORS, ANTOICH, OTHER CITIES IN THE COUNTY HAVE ADOPTED THEIR OWN ORDINANCE. SO THE INTENTION IS NOT TO PROHIBIT THEM FROM ENFORCING THE STRICTER STAND ORDER. --STANDARD. SO TUESDAY ASSUMING THAT THEY APPROVE WHAT WAS TALKED ABOUT TODAY, THERE WILL BE LIKELY BE A 120 GRACE PERIOD ON RENT BACK EFFECTIVE BACK TO MARCH 16. LATE FEES WILL BE PROHIBITED, RENTS CANNOT BE RAISED AND THAT IS IN ADDITION TO THE EVICTION MORATORIUM. AND THAT WILL AFFECT OAKLEY. IN OTHER WORDS, THAT WILL TAKE EFFECT IN THE INCORPORATED CITY OF OAKLEY AS WELL AS EVERY OTHER CITY. AND SINCE WE DON'T HAVE OUR OWN ORDINANCE, WE WOULD HAVE TO BE SUBJECT TO THE STANDARDS AND THE CITY LIMITS WOULD BE SUBJECT TO THE STANDARDS. THAT'S UPDATE. THE POLICY QUESTION IS ARE YOU COMFORTABLE WITH THAT? OR DO YOU NOT WANT THAT? WHICH CASE, YOU COULD DIRECT STAFF TO A CONCERNS TO THE COUNTY OR ON THE FLIP SIDE IS, DO YOU FEEL LIKE YOU WANT TO GO ABOVE AND BEYOND WHAT THE COUNTY IS CONSIDERING AND PERHAPS EXTEND THE RENT PERIOD OR OFFER SOME ADDITIONAL PROTECTION. IN WHICH CASE STAFF AND I CAN WORK OUR OWN EMERGENCY ORDINANCE AND BRING THAT BACK TO YOU FOR THE ORDINANCE. I APOLOGIZE FOR THE LONG WINDED EXPLANATION BUT THAT'S WHAT IT IS. AND I'M HAPPY TO ANSWER ANY QUESTIONS. >> MR. POPE, ANY QUESTIONS? MS. HIGGINS ANY QUESTIONS? >> HELP ME UNDERSTAND THAT IF WE WAIT ON THE COUNTY ON TUESDAY, THAT UNLESS WE GO STRONGER THAN WHAT THEY'RE LOOKING AT, WE'RE ALMOST DOUBLE WORKING IT? >> OH, I'M SORRY, YES, THAT'S CORRECT. IF YOU'RE COMFORTABLE WITH WHAT THE COUNTY IS PROPOSING TO DO, THERE IS NO REASON FOR US TO DO ANYTHING OF OUR OWN. THE ONLY REASON THAT WE WOULD DO FROM OUR OWN LEGALLY IS IF WE FEEL THAT WE NEED TO EXTEND ADDITIONAL PROTECTION THAT THE COUNTY WILL NOT BE EXTENDING. >> OKAY, THANK YOU. >> MS. ALAURA? >> NO, I DON'T HAVE ANY ADDITIONAL QUESTIONS. THANK YOU FOR THE UPDATE. >> MR. KRIEG? >> NO QUESTIONS. >> YOU KNOW, YOU KNOW, I, CERTAINLY DON'T WANT TO MAKE IT ANYMORE DRACONIAN THAN WHAT THE COUNTY IS DOING. I KNOW THERE ARE PROPERTY OWNERS THAT HAVE WORKED OUT AGREEMENT THAT HAVE HAD THEIR TENANT COME FORWARD WHERE THEY'RE HANDLING THIS MONTH. I'M TRYING TO FIGURE OUT WHAT THE MORE PROACTIVE PROPERTY OWNERS, AND MORE PROACTIVE TENANTS WHAT THIS WILL DO TO THE AGREEMENTS? IF THE COUNTY SAYS YOU HAVE 120 WHERE YOU DON'T HAVE TO WORRY ABOUT PAYING ANYTHING. AND THIS GUY, SAYS I'M GOING GIVE YOU SOME MUCH THIS MONTH AND THIS MUCH NEXT MONTH AND. IF WE'RE GOING TO GO TO THE COUNTY, THEY HAVE TO LOOK AT ALL THOSE SITUATION THAT'S WE'RE COMING, HALFWAY THROUGH THE PROCESS. AND YOU'RE GOING RETROACTIVE WHICH MAY NEGATE A LOT OF WORK THAT HAS BEEN DONE ALREADY WITH TENANTS AND LANDLORDS. SERVE A QUESTION AND A COMMENT TO MR. MONTGOMERY, ANYBODY ELSE WOULD WANTS TO. >> WELL, I GUESS AND I APOLOGIZE MR. MAYOR, I MEAN, THE POINTS YOU RAISED ARE ACCURATE. THOSE ARE THE POINTS WE'RE CONSIDERING AS TO TO WHETHER OR NOT THIS IS SOMETHING YOU WANT TO SUPPORT OR IF YOU WANT TO DO SOMETHING ELSE ON YOUR OWN AND GO ABOVE AND BEYOND THAT. >> WELL THAT'S THE QUESTION. IF THE COUNTY COMES AND SAYS, COUNTY WIDE YOU HAVE 120 DAYS, THREE MONTHS. AS A CITY, WE COULDN'T SAY, WELL THAT ONLY WORKS FOR, IT'S NOT EFFECTIVE GOING BACK TO MARCH 13, IT'S EFFECTIVE AS OF TODAY. THERE IS A LOT THAT WE CANNOT, WE CANNOT BE LESS SEVERE THAN WHAT THE COUNTY IS ASKING FOR? >> SXL THAT IS THE RUB. BECAUSE OF THE DECLARATION OF THE COUNTY AND THE WAY THE DECLARATION WORKS UNDER THE SECTION OF THE GOLF CODE STARTING AT 8630 AND AGAIN IT GOES BACK TO MY POINT, WHICH IN A EMERGENCY SITUATION, THE LARGER UNIT WOULD BE BETTER BECAUSE NATURAL DISASTER EARTHQUAKES, THE LIKE DON'T STOP AT CITY BOUNDARIES. THAT IS ONE THING WHERE YOU DO SURRENDER SOME OF OUR SOVEREIGNTY AS THE CITY IF YOU WILL, TO THE COUNTY, TYPICALLY YOU DON'T. TYPICALLY, THE COUNTY IS ABLE TO PASS ITS OWN LAWS IN THE INCORPORATED AREAS. HERE THE COUNTY DOES ENACT THIS ORDINANCE. AND LET'S SAY, YOU'RE ALL FOR A GRACE PERIOD. BUT WE'RE IN A 30-DAY GRACE PERIOD AND NOT A 90 DAY. THAT'S NOT SOMETHING, I DON'T BELIEVE LEGALLY WE COULD RESTRICT WHAT THE COUNTY IS DOING BECAUSE THEY'RE INVOKING THEIR EMERGENCY POWER. >> RIGHT, AND THANK YOU FOR THAT AND I UNDERSTOOD ALL THAT. I WAS JUST TRYING TO FIGURE OUT HERE, TRYING TO DETERMINE FOR THOSE PEOPLE WHO HAVE WORKED OUT DEALS BETWEEN LANDLORDS AND RENTERS, THOSE PEOPLE, HAVE ALREADY SIGNED LETTERS OR AGREEMENTS OR CONTRACTS TO STATE THAT THOSE ARE JUST GOING TO BE IGNORED AND GONE DUNAWAY WITH, I ASSUME WITH THE COUNTY'S ACTION. MR. POPE? >> YEAH, I'M NOT OKAY WITH THE COUNTY CEASING THIS AUTHORITY FROM THE CITY. AS EVERYBODY KNOWS I'M A BIG LOCAL CONTROL GUY. SO IF THE COUNTY WANTS TO DO THAT WITHIN THE COUNTY'S INCORPORATED JURISDICTION, ALL POWER TO THEM. BUT THEY SHOULD NOT BE CEASING THE POWER FROM THE LOCAL CITIES FROM THE LOCAL ELECTED US AND OUR SISTER CITIES. SO I WOULD ENCOURAGE MY COLLEAGUES TO DIRECT STAFF TO CONTACT THE COUNTY AND PROTEST AND ASK THEM NOT TO USUPE OUR LOCAL AUTHORITY. ON THAT SAME NOTE, WE'RE FOCUSING ON A NARROW AREA HERE AND WE'RE IGNORING ALL THE UNINTENDED CONSEQUENCES. SO WE'RE PROTECTING A TENANT FROM THE PERCEPTION OF THESE EVIL LANDLORDS THAT ARE GOING TO TRY TO EVICT THEM. I DON'T KNOW ANY LANDLORDS THAT WANT TO HAVE 'EM FEE RENTALS. THEY'RE BEING SQUEEZED BY THE BANKS. THE BANKS WANT THEIR MORTGAGE PAYMENT. SO THEY'RE WORKING WITH PEOPLE ON THEIR MORTGAGES. AND THE BANKS ARE BEING SQUEEZED BECAUSE THEY HAVE TO, ADHERE TO THEIR FINANCING REGULATIONS WHICH WERE MADE MUCH MORE STRICT AFTER OUR GREAT RECESSION ABOUT TEN YEARS AGO NOW. SO THERE IS NO PROTECTIONS FOR THE BANKS AND LANDLORDS AND THESE ORDINANCE. AND AS THE MAYOR STATED, IT'S ATTACKING OR INVALIDATING CONTRACTS BETWEEN TENANTS AND LANDLORD WHO HAVE BEEN VOLUNTARILY NEGOTIATED, EITHER SIDE LETTERS OR AMENDMENTS TO THEIR CONTRACTS TO FORGIVE RENT, TO REDUCE RENT, TO DIFFER RENT, ALL OF THESE CREATIVE SOLUTION THAT'S LANDLORDS AND TENANTS ARE COMING UP WITH, ARE GOING TO BE THROWN BY THE WAY SIDE. I WOULD ASK STAFF TO CONTACT THE COUNTY AND ASK THEM BE THEM NOT O USUP OUR AUTHORITY. AND IF WE HAVE RUN INTO PROBLEMS, I HAVE NOT BEEN CONTACTED BY ANY OF RESIDENTS SAYING THAT THEY'RE BEING HE VIKTD. IF THAT ARISE, WE CAN TAKE ACTION AT THAT POINT. >> ARE THERE ANY OTHER COMMENTS? >> I DO HAVE A COMMENT. THIS IS CLAIRE. I'M NOT QUITE SURE I LIKE THE SUPERVISORS ARE INTENDING TO TAKE LOCAL CONTROL MORE THAN THEY'RE TRYING TO PREVENT HOMELESSNESS, I DON'T THINK THERE IS ANY ILL INTENT TO NOT KEEP PEOPLE IN THEIR HOMES. BUT IF THERE ARE AGREEMENTS WITH THE LANDLORDS AND TENANTS THAT WORK FOR BOTH PARTIES, I'M ALL FOR THEM TO BE ABLE TO HAVE THAT POWER TO BE ABLE TO DO THA. I THINK IT'S WORTH LOOKING AT WHAT THE COUNTY IS DOING. AND TO SEE IF WE CAN COME UP WITH SOME SORT OF HYBRID, MAYBE LOOK AT THE RULES THAT THEY'RE SETTING IN PLACE. SEE IF THEY WORK FOR OUR CITY, AND THEN, IF THEY DON'T, WE COME UP WITH OUR OWN ORDINANCES AS WELL FOR THIS UNIQUE PERIOD OF TIME. THAT'S IT. >> OKAY. >> THIS IS MICHAEL, I HAVE A COMMENT. EARLIER ON IN THIS SITUATION, I THOUGHT THAT WE SHOULD HAVE A CITY ORDINANCE, AND I THOUGHT, THERE IS GOING TO BE A LOT OF PEOPLE BEING EVICTED. BUT THE REALITY IS, I DON'T SEE IT HAPPENING. REAL QUICKLY, THE SHERIFF'S DEPARTMENT REALIZED THAT THEY HAD MORE PRESSING ISSUES SO THEY STOPPED DOING EVICTIONS. EVICTIONS ARE NOT GOING TO HAPPEN IN THIS COUNTY FOR TIME. NOW WE'RE SEEING THIS BUILT OF DIFFERENT CITY ORDINANCES AND, AND I'M ACTUALLY INCLINED TO SAY THIS IS ONE OF THOSE SITUATIONS TO LOOK AT THE BIG PICTURE AND TRY TO HAVE A GLOBAL THING, I THOUGHT THAT WE WOULD BE FINE JUST TELLING THE RULES OF THE GOVERNOR SET IN PLACE AND REALLY DON'T SEE ANY NEED FOR US TO HAVE AN ORDINANCE AT THIS POINT. I CERTAINLY AGREE WITH COUNCILMEMBER ALAURA IF THINGS CHANGE, THEN TAKE CARE OF IT BUT I DON'T SEE ANY NEED FOR US TO TAKE ANY ACTION. >> WELL I MEAN. >> GO AHEAD, SUE. >> I'M FINE WITH WHAT MICHAEL AND CLAIRE SAID. >> I WILL REACH OUT AND SHARE MY PERSONAL THOUGHTS WITH MY SUPERVISOR. AND I RECOMMEND ALL OF US DO THAT. BEFORE NEXT TUESDAY. BUT, WITHOUT ANY OTHER DIRECTION, I AGREE THAT WE SHOULDN'T BE, THERE IS NO NEED FOR US TO CREATE OUR EVEN ORDINANCE AND THAT'S THE ONLY STEP IS WE WOULD BE MORE DRACONIAN THAN WHAT THE COUNTY IS DOING AND I CERTAINLY DON'T WANT TO DO THAT. SO DOES STAFF HAVE ENOUGH DIRECTION WITH THAT? >> YES. AND WE WILL REPORT BACK WHAT THE COUNTY BOARD MIGHT APPROVE SO YOU'LL BE VERY WELL AWARE OF WHAT THAT FINAL ACTION IS. >> ON TO 6.1, REPORTS. FROM THE COUNCIL MR. POPE? >> THE HABITAT CONSERVATIVE IS GOING TO DO A REMOTE MEETING, SIMILAR TO THIS ONE. ANYBODY WHO IS INTERESTED CAN GO TO THE COUNTY WEBSITE, CLICK ON THE HABITAT CONSERVANCY LINK AND YOU CAN SEE INSTRUCTIONS FOR DIALING IN. IT WILL BE A DIAL IN CONFERENCE NOT LIKE THIS ONE. IT WILL BE ON FRIDAY AT 10:00 O'CLOCK. >> MS. HIGGINS? >> I WANT TO SAY THANK YOU TO ALL OF THOSE WHO ARE FEEDING US, AND TAKING CARE OF US. THANK YOU. >> MS. ALAURA? >> YES, I'LL ADD ON TO THAT SUE, THANK YOU PERSONALLY ALSO. THANK YOU COUNCILMEMBER POPE FOR ALL OF OUR FRONTLINE RESPONDERS AND EMPLOYEES WHO ARE DOING THEIR BEST TO KEEP EVERYTHING IN ORDER AND TO KEEP US AS SAFE AS WE CAN. AND I ALSO WANT TO THANK THE SCHOOL DISTRICT AND STUDENTS AND PARENTS OUT THERE WHO HAVE COME OFF THE BREAK AND WE'RE ALL LEARNING A NEW WAY OF LEARNING. AND I THINK IT'S GOING AS WELL AS IT CAN BE FOR THE SITUATION THAT WE'RE N.I WANT TODAY GIVE SOME KUDOS FOR THE SCHOOL DISTRICTS FOR ALL OF THEIR EFFORTS AT THIS TIME. >> THANK YOU. MR. KRIEG? >> I WANT TO PERSONALLY EXTEND MY THANKS TO ALL THE FIRST RESPONDERS AND MEDICAL WORKERS AND PEOPLE WHO ARE TAKING CARE OF THE REST OF US. IT'S PRETTY IMPRESSIVE AND I'M EXTREMELY GRATEFUL. AND LAST NIGHT I ATTENDED A ONLINE MEETING FOR ACOSTA, IT'S A TOUGH TIME FOR BUDGET BECAUSE OF COVID-19 AND 70% OF THE BUDGET--WE ANTICIPATE A DECLINE. DAY-TO-DAY OPERATIONS WE HAVE KNOWN FOR A LONG TIME THAT MAJOR REINVESTMENT. THERE ARE SOME STRUCTURE ISSUES AND ALSO ON OLD STYLE AND PLAN, AND WE WANT TO READ THIS FOR BERT SECURITY EMPLOYEES. WE DECIDE TODAY MOVE FORWARD TO THE WORK. BECAUSE WE DO HAVE THE FUNDS FOR YEARS AND WE ANTICIPATE THAT WE'LL HAVE DOWN TURN THE ECONOMY WITH SOME MONEY FOR CONSTRUCTION WORK. IT WOULD BE GOOD TIME TO SPEND OVER A MILLION DOLLARS TO PRESENT THAT PROPOSAL TO THE BOARD JULY MEETING. THAT'S ALL I HAVE. >> YE, WE DO HAVE LIVE IN DIFFERENT TIMES, I'VE HAD MEETINGS USING SOON AND MEETING AND OTHER SOCIAL MEDIA SOFTWARE OUT THERE. IT PROLONGS ALL THE MEETINGS. IT'S A LITTLE MORE DIFFICULT TO RUN AND MAINTAIN. THIS MORNING I HAD AN RD2137 MEETING FOR RECLAMATION GOING OUT TO THE RESTORATION PROJECT. IN JULY THEY PLAN TO START WORK ON THE SOUTHERN LEVEE WHICH WOULD BE THE LAST PROJECT THEY HAVE AS FAR AS MOVING DIRT. AND SO WE'VE ASKED THEM TO COME TO OUR JUNE, ONE OF OUR MEETINGS IN JUNE SO WE CAN LET RESIDENTS KNOW WHO LIVE IN THAT PROBABLY THE PROPERTY IN THE ON THE GILBERT PIECE WHERE THAT DEVELOPMENT IS AND LIVE CLOSER AND ON THE OTHER SIDE OF THE LEVEE AND THERE WILL BE LOTS OF DIRT AND DUST AND LOTS OF TRUCKS COMING IN TO MOVE THAT DIRT IN. SO WE JUST WANT TO MAKE RESIDENTS AWARE. SO HOPEFULLY THEY'LL BE OUT HERE WORKING WITH US STARTING IN JUNE SO WE CAN PREPARE THE RESIDENTS IN CYPRUS, THERE WILL BE LOTS OF TRUCKS MOVING AND OUT OF THERE. AND THEN SOME LONG TERM PLANNING, THE CONSTRUCTION WILL BE FINISHED AFTER THE LEVEE IS DONE. SXL WHAT IS LEFT OF THE PROJECT WILL JUST BE PLANTS, GROWING BEFORE WE OPEN IT UP IN 2021, THEY PLANTED OVER 10,000 TULIES OUT THERE. A LOST OTHER NATURAL VEGETATION. BUT WHEN THAT PLACE IS EMPTY, THE DISCUSSION CAME, THAT MAYBE WE SHOULD WORK WITH THEM AND TRY TO FIGURE OUT MAKE SURE, WE DON'T HAVE PEOPLE LIVING IN TENTS OUT THERE. MUCH LIKE THE PROBLEMS THAT WE IN MARSH CREEK AS I DID THIS WEEKEND, AND THERE WERE TENTS UP AGAIN. WHICH IS ALWAYS A PROBLEM THEY SEEM TO LIKE THAT LEVEE ON THE EASTERN SIDE OF THE PROPERTY ALONG MARSH CREEK. THE DISTRICT UP AT THE FAR END WHERE THE MARSH CREEK INTO THE DELTA. SO MAYBE WE CAN WORK WITH THEM. WE CAN TRY TO WORK WITH A PLAN ON USING DRONES JUST TO GO OVER THEM OCCASIONALLY JUST TO SEE WHAT IS GOING ON OUT THERE. UNTIL WE'RE READY TO OPEN UP THE GATES AGAIN AND HAVE PEOPLE ACCESS TO IT, WHICH HOPEFULLY IS SPRING OR SUMMER OF 2021. THAT'S ALL I HAVE AS FAR AS UPDATES,. REQUEST FOR FUTURE AGENDA ITEMS? CITY MANAGER? >> THANK YOU, JUST AN ECHO OF THANK YOU TO THE COMMUNITY AS A WHOLE FOR THEIR COOPERATION DURING THIS DIFFICULT TIME, DIFFICULT FOR RESIDENTS DIFFICULT FOR PARENTS, DIFFICULT FOR OUR BUSINESSES. CITY STAFF IS FOR THE MOST PART, KEEPING UP WITH ALL OF THE ESSENTIAL DUTIES THAT ARE REQUIRED OF US. GOOD BIG KUDOS TO THE POLICE DEPARTMENT AND OUR PARKS TEAM AND OTHERS THAT ARE OUT. MANY OF THE TEAM IS WORKING REMOTELY. AND THOSE THAT ARE NOT WORKING REMOTELY, ARE USING ACCRUALS THEIR LEAVE OF ACCRUALS TO BE PART OF THE TEAM. WE'RE CENTRALIZING REQUEST AND RESIDENTS CAN CALL 625-7000 TO TALK TO FOLKS. AND LOOKING AT WHAT ITEMS WOULD BE ON THE UPCOMING CITY COUNCIL AGENDAS, AND KNOWING THAT THIS MEETING FORMAT IS NOT PERFECT, ISN'T IDEAL, WE DO NOT SEE ITEMS ON THE AGENDA OR NEED FOR MEETING ON APRIL 28. SO INTENDING ON CANCELING THAT MEETING AND HAVING THE NEXT ON MAY 12. WE'RE HOPEFUL THAT THAT CAN BE A MEETING HERE IN PERSON. BUT JUST A NOTE TO THOSE TUNING IN. NO COUNCIL MEETING ON APRIL 28 BUT WE'LL DEFINITELY NEED ONE ON MAY 12. THAT IS MY REPORT. >> THANK YOU. ITEM NUMBER 7, THERE IS WORK SESSION. THERE ARE NO WORK SESSION. ITEM NUMBER 8 IS A CLOSED SESSION. SIGNIFICANT EXPOSURE TO LITIGANT.
Minutes of Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority Meeting held April 14, 2020 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 Kevin Romick called the meeting to order at 6:30pm. He announced that teleconference requirements and physical location requirements for the public to attend the meeting have been suspended through the Governor’s order; however, the public can call in to the meeting to listen and provide comments and can also watch it live-streamed from the City’s website. He added that comments can be submitted online before 5 p.m. the day of City Council meetings. He mentioned the public must call in prior to an item on the agenda if anyone wishes to comment; he provided the phone number to call in and the conference ID. He requested anyone calling in to please mute their phones until it is their turn to speak. He thanked residents for their cooperation during this time as the City continues to follow the County Health order. He encouraged social distancing and wearing masks in public. He also encourage anyone wanting COVID-19 information to visit the resource page on the City's website. In addition to Mayor Romick, Councilmember Randy Pope was present. Vice Mayor Sue Higgins and Councilmembers Michael Krieg and Claire Alaura joined the meeting by teleconference. 1.2 Pledge of Allegiance to the Flag (Mayor Romick) Mayor Romick led the Pledge of Allegiance. 1.3 Proclamation Declaring March 2020 as Women's History Month in Oakley (Carol Rios, Vanessa Perry, Diane Burgis, Claire Alaura, Sue Higgins) Mayor Romick explained the proclamations on the agenda tonight were scheduled for the second meeting in March which was canceled; therefore they are being read tonight. He read the proclamation. 1.4 Proclamation Recognizing May as American Red Cross Month 2020 Mayor Romick read the proclamation. 2) PUBLIC COMMENTS None.
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 March 10, 2020 (Libby Vreonis, City Clerk) 3.2 Approve Minutes from the Emergency City Council Meeting held March 17, 2020 (Libby Vreonis, City Clerk) 3.3 Ratify Election: Adopt Ordinance No. 05-20 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 173 within the Oakley Special Police Tax Area for Police Protection Services for the Vines (Subdivision 9507) project located at 2371 Oakley Rd (APN 041-100-035) (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.4 Approval of Subdivision Improvement Agreement and Final Map for Subdivision 9516 Woodbury Subdivision (Northeast corner of East Cypress Road and Emerson Ranch Parkway) (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.5 Authorize the City Manager to execute an agreement for Landscape Architectural Services with Dutchover & Associates to provide contract landscape and irrigation plan review and inspection services for the City of Oakley on an on-call basis from July 1, 2020 through June 30, 2022 (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.6 Annual Progress Report on Implementation of the 2015-2023 Housing Element with SB 341 Reporting Requirements (Joshua McMurray, Community Development Director) 3.7 Establishment of the Rate per Equivalent Runoff Unit for FY 2020/21 and Requesting the Contra Costa County Flood Control and Water District Adopt an Annual Parcel Assessment for Drainage Maintenance and the National Pollutant Discharge Elimination System Program (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.8 Authorize the City Manager to execute an agreement with Capra Environmental Services Corporation to provide Goat Grazing Services for the City of Oakley on an on-call basis from July 1, 2020 through June 30, 2022 (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.9 Authorize the City Manager to execute an agreement with Pacific Display, Inc. to provide Downtown tree lighting maintenance services for the City of Oakley on an on-call basis from July 1, 2020 through June 30, 2022 (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.10 Authorize the City Manager to execute an agreement for traffic engineering services with TJKM Transportation Consultants to provide contract traffic
engineering services for the City of Oakley on an on-call basis from July 1, 2020 through June 30, 2022 (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.11 Authorize the City Manager to execute an agreement for video security system services with KB Security Kams, Inc. to provide video security system services for the City of Oakley on an on-call basis from July 1, 2020 through June 30, 2022 (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.12 Approval of Subdivision Improvement Agreement and Final Map for Alicante (Previously known as “The Village at Main”) Subdivision 9503 (Located on Main Street approximately 1,000 feet east of Live Oak Avenue) (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.13 Award of Contract for Professional Services Agreement for On-Call Materials Testing Services with BSK Associates for FY 2020/21 and FY 2021/22 (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.14 Award of Contract with JW Backhoe & Construction, Inc. (JW) for On-Call Services for Maintenance and Repair of City Underground Infrastructure for Fiscal Year 2020/21 and Fiscal Year 2021/22 (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.15 Award of contract with Dillon Electric, Inc. for On-Call Electrical Maintenance Services and Repair for FY 2020/21 and FY 2021/22 (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.16 Authorize the City Manager to Execute an Agreement with West Coast Arborists, Inc. to provide tree trimming services for the City of Oakley on an On-Call Basis from July 1, 2020 through June 30, 2022 (Kevin Rohani, P.E. Public Works Director/City Engineer) 3.17 Acceptance of Work Associated with Capital Improvement Project No. 234 - Fiscal Year 2019/20 Street Restriping Project (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.18 Resolution of Intention to Establish Community Facilities District No. 2020-1 (Oakley Logistics Center) (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.19 Approval of two agreements with Francisco & Associates, Inc. to provide Professional Assessment Engineering Services to the City of Oakley for Street Lighting and Landscape District No. 1 for FY 2020/21 as well as to provide Professional Special Tax Services for Cypress Grove Community Facilities District No. 1, Emerson Ranch Community Facilities Distirct No. 2015-1, Parks, Street Lighting, Landscape & Stormwater Services CFD No. 2015-2, Fire Protection Services CFD No. 2018-1 and Police Services Special Tax for FY 2020/21 (Kevin Rohani, Public Works Director/City Engineer) 3.20 Award of Construction Contract to McGuire and Hester, Inc. for the construction of Capital Improvement Project Number 214 - Vintage Parkway Repair and Resurfacing Project (Main Street to Big Break Road)
(Kevin Rohani, P.E., Public Works Director/City Engineer) 3.21 Approval of Subdivision Improvement Agreement, Subdivision Assessment and Annexation Authorization Deferral Agreement, and Final Map for Oakley Logistics Center Subdivision 9513 (6000 Bridgehead Road) (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.22 Authorize the City Manager to enter into an Agreement for the Purchase of Police Department Patrol Vehicles from National Auto Group and Emergency Equipment (Eric Christensen, Chief of Police) No public comments were submitted. Councilmember Krieg requested to pull item 3.8 to abstain. It was moved by Councilmember Krieg and seconded by Councilmember Pope to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0) Item 3.8 Councilmember Krieg abstained. It was moved by Councilmember Pope and seconded by Councilmember Alaura to approve item 3.8. Motion was unanimous and so ordered. (4-0) 4) PUBLIC HEARINGS 4.1 Waive the First Reading and Introduce an Ordinance Adding Chapter 14 of Title 5 of the Oakley Municipal Code regarding the Permitting of Short-term Rentals within the City Limits (Joshua McMurray, Community Development Director) Community Development Director Joshua McMurray presented the staff report. Vice Mayor Higgins inquired how many short-term rentals exist currently in Oakley. Mr. McMurray explained that the number changes, but staff checks regularly; the last time staff checked, there were about 8-9 short-term rentals in Oakley. Councilmember Pope mentioned there are a couple of wedding venues in Oakley and one has a home. He inquired if they would fall under this ordinance or if different rules apply. Mr. McMurray explained that units at wedding venues were approved as caretaker units with their land use approval so they would not conflict with this ordinance. Councilmember Alaura commented that in a previous discussion she asked if staff could find out if there is a requirement to determine occupancy. She noted that the ordinance indicates 30 days occupancy. She inquired if 30 days legally establishes occupancy and if an eviction process would be required after 30 days. City Attorney Derek Cole responded that an eviction would be required after 30 days which is an issue between the property owner and overstaying patron; the owner must go to court for a form of eviction and the City cannot stop it.
Councilmember Alaura suggested the proposed ordinance include 29 days or fewer to help property owners. She also suggested the minimum age should be 25 for a short-term rental, similar to rental cars, as maturity might make a difference. Councilmember Alaura commented that a fire safety checklist is part of the permit process. She inquired if confirmation of the checklist needs to happen in person and who performs the inspection. She inquired if a fee would be paid to the fire district to complete this task. Mr. McMurray explained that staff has not developed the application yet, but the checklist includes typical things that would be checked. He indicated that he anticipates the process would be similar to the City’s rental dwelling unit application in that the applicant would check off the list and sign a form confirming it has been done. He mentioned any fees would be brought before Council for approval. Councilmember Alaura inquired about the current process. Mr. McMurray explained that the Building Inspector inspects buildings, but likely wouldn’t in this circumstance, but if it is the pleasure of the City Council, staff can require the Building Inspector to confirm the checklist has been taken care of. Councilmember Alaura inquired if the City does not confirm by inspection, if it is doing its due diligence and if it could be held legally responsible if it doesn’t check. Mr. McMurray responded that he does not anticipate the volume to be heavy so staff could do inspections; either way is fine. Councilmember Alaura inquired if it requires a business license. Mr. McMurray confirmed it does. Councilmember Alaura commented that it is a home business, but unlike other home businesses, people will enter into the home to stay. She inquired if the business license needs to be displayed on the property and if the immediate neighborhood needs to be notified. Mr. McMurray responded that it is not required in the current proposed ordinance to notify neighbors, but staff can add it if the City Council prefers a requirement be included. He explained that home businesses currently must notify adjacent property owners. He mentioned the business license must be in a visible location and he assumes that would be inside of the residence. No public comments were submitted. Mayor Romick closed the public hearing. Councilmember Krieg mentioned he understands there is one short-term property in Oakley that is problematic. He suggested including a requirement to only allow short-term rentals in owner- occupied residences. Mr. McMurray explained the consensus of the City Council in 2018 was different, but staff can add an additional prohibition to preclude un-hosted stays.
Mayor Romick commented he would prefer to keep the process as streamlined as possible and not create a separate process that other home businesses are not required to do. He mentioned the City has a lean staff and their time should be considered. He commented that there are relatively few short-term rentals, but more may come forward than in the past when the City allows them. Councilmember Pope mentioned he initially brought the issue up about out-of-town owners purchasing properties just for rentals. He mentioned he would like to allow owners who occupy properties to rent rooms while the owner is home. He also mentioned a streamlined process for a hosted vacation rental is his preference. Vice Mayor Higgins commented she believes it is a good idea to keep the process streamlined and she likes what Councilmember Alaura and others have suggested. Councilmember Alaura mentioned she is okay with a requirement for the property to be an owner-occupied rental. She inquired if the City Council has any comments regarding including a 25 years of age requirement and changing occupancy to 29 days. Vice Mayor Higgins agreed with the changes. Mayor Romick commented he is okay with a 25 years of age requirement. He summarized the proposed changes are to require the property be owner-occupied, a person to be 25 years of age for a short-term rentals and to keep the process streamlined. He requested clarification from the City Attorney that evictions would occur when occupancy goes after 30 days, not up to 30 days. Mr. Cole responded that is correct, but the ordinance does say 30 days. Mayor Romick commented that 29 or 30 days doesn’t make a difference in the ordinance whether to get someone out of the property for eviction purposes when they have overstayed. Mr. Cole summarized it has been suggested that the proposed ordinance be revised to include: 1) 25 years of age is the minimum age for short-term rentals and 2) the short-term rental shall be a hosted rental through the duration of any occupancy by the transient. He suggested that the City Council can instruct staff to make these revisions and introduce the ordinance with these revisions; otherwise, it can make other revisions and bring back for a first reading again which would mean the ordinance would not be adopted until after the next two meetings. It was moved by Councilmember Alaura and seconded by Vice Mayor Higgins to waive the first reading and introduce the ordinance with the two revisions mentioned by City Attorney Derek Cole. Motion was unanimous and so ordered. (5-0) 4.2 Review of Conditional Use Permit Application (7 Mares Grill, 200 W. Cypress Avenue) for Upgrade from Type 41 Beer and Wine License to Type 47 Liquor License (Ken Strelo, Principal Planner) Principal Planner Ken Strelo presented the staff report. Councilmember Alaura inquired if the applicant is on the teleconference.
Councilmember Krieg inquired if Police has any issues with the application. Mayor Romick commented that Police has no issues and Police Chief Christensen is present and provided a thumbs up. Councilmember Krieg commented he is okay with it if Police has no issues with it. No public comments were submitted. Mayor Romick closed the public hearing. Councilmember Alaura commented she is a patron of this business and asked the applicant what prompted the application and if margaritas have been desired, but they haven’t been able to serve them. The applicant responded that margaritas are requested, but they cannot serve them without the appropriate license; therefore, this (approval) would help a lot. Councilmember Alaura inquired if the restaurant offers hours for takeout during this time. The applicant responded it does. Councilmember Alaura commented she is glad the restaurant is able to remain open during this time. It was moved by Councilmember Krieg and seconded by Councilmember Alaura to adopt the resolution. Motion was unanimous and so ordered. (5-0) 4.3 Zoning Text Amendments to Oakley Municipal Code Section 9.1.1102 (Accessory Dwelling Units), Oakley Municipal Code Section 9.1.1110 (Fences and other structures), and Oakley Municipal Code Section 9.1.1122 (Yards)(RZ 02-02) (Ken Strelo, Principal Planner) Principal Planner Ken Strelo presented the staff report. Councilmember Pope requested clarification regarding the owner-occupied requirement for Accessory Dwelling Units. Mr. Strelo explained that the state has said that Accessory Dwelling Units do not need to be owner-occupied. He further explained that up until 2020, there was an owner-occupied requirement, but cities can no longer require it due to changes in state law. He mentioned the state law sunsets January 1, 2025. Councilmember Pope summarized that until 2025 it is prohibited, but after 2025, the City can require it. Mr. Strelo confirmed that is correct. Councilmember Alaura commented that she agrees with making the change Councilmember Pope is suggesting.
Councilmember Krieg commented that he does not have a sense of the decibel level for pool pumps and asked if an example could be provided to explain. Mr. Strelo commented that 45 decibels is similar to a human whisper. Councilmember Krieg commented that is quiet and he has no problem with it. Mayor Romick commented that changes made to requirements for Accessory Dwelling Units were to comply with state law and were not initiated by the City Council. Mr. Strelo confirmed this is correct. No public comments were submitted. Mayor Romick closed the public hearing. Councilmember Pope commented that he appreciates staff for its willingness to make modifications to provide more flexibility for homeowners It was moved by Councilmember Pope and seconded by Vice Mayor Higgins to waive the first reading and introduce the ordinance including a requirement that as of January 1, 2025, owner occupancy will be required. Motion was unanimous and so ordered. (5-0) 5) REGULAR CALENDAR 5.1 Discussion regarding adoption of a Resolution enacting a Temporary Moratorium on Evictions (Derek Cole, City Attorney) City Attorney Derek Cole presented the staff report. He explained that all evictions, commercial and residential, are currently on hold except for health and safety reasons. He mentioned a landlord can still file an eviction proceeding (unlawful detainer) but the tenant will not be required to file a legal response for at least 60 days, potentially longer, depending on when the current order is lifted by Judicial Council. He shared that surrounding cities have been enacting ordinances regarding a moratorium on evictions, but they also address the issue of rent. He mentioned the typical basis for eviction is failure to pay rent. He explained here, there is no protection from the obligation to pay rent and the problem is that the moment the order is lifted, tenants will have been out of work for a couple of months and landlords can immediately go to court to evict them. He shared that cities and the County have discussed a grace period, anywhere between 3-6 months; other options discussed include tenants being given 3 months, months for every month they are late, 90 days from when order is lifted, 90 days, or 120 days. He explained another issue is late fees for nonpayment of rent which can be substantial; landlords have the legal right to late fees accruing. He shared that the Contra Costa County Board of Supervisors discussed and considered these issues today and County Counsel will return April 22 to the Board of Supervisors with an urgency ordinance which will propose a 120- day grace period, rent would be frozen (cannot raise rent even with an agreement indicating rent can be increased), no late fees, and making it retroactive to March 16. He shared that all five supervisors seem to be in favor of the ordinance. He explained that ordinarily, a County ordinance would only apply within County jurisdiction; however, the County can declare an emergency not only in unincorporated parts of the county but also incorporated areas of the county; i.e., cities, as provided in Government Code Section 8634. He mentioned the idea is
that the County is a larger political entity that can initiate emergency orders without having all of its cities go through their own regulations. He added that the County recognizes that some cities such as Antioch, Pittsburg and Richmond have enacted ordinances regarding the same and the County will not prohibit these cities from enforcing stricter standards. He commented that the emergency ordinance likely will be approved by the Board of Supervisors next Tuesday which will take effect in Oakley and every other city within the County. He explained that since Oakley does not have its own ordinance at this time, landlords owning property within the City would be subject to the County ordinance. He mentioned if the City Council does not want that, staff can raise concerns to the Board of Supervisors or it can extend beyond the County ordinance and adopt its own ordinance. Vice Mayor Higgins inquired if the City waits for the County ordinance, if the City must go stronger if it chooses to have its own ordinance. Mr. Cole explained that if the City Council is comfortable with what the County will do, there is no reason to create its own ordinance; a City ordinance is only needed if the City Council wants to extend protections. Mayor Romick commented he doesn’t want to create an ordinance more draconian than what the County is doing. He mentioned some landlords have already worked out agreements with tenants. He inquired what the County ordinance will do to those agreements and if the City Council decides to go to the County, the Board of Supervisors should look at those situations because it could negate a lot of work already done, especially since the ordinance would apply retroactively to March 16, 2020. Mr. Cole commented that the points raised are accurate and worth considering; these are decisions the City Council would need to make: whether to accept the County ordinance or have its own. Mayor Romick commented the City’s ordinance cannot be less severe than the County ordinance. Mr. Cole confirmed that is correct and that is the rub. He explained that the way the declaration works is that the City would surrender some of its sovereignty to the County; the City cannot legally restrict the County's emergency power. Councilmember Pope commented he is not okay with the County seizing authority from the City. He encouraged the City Council to direct staff to contact the County and protest. He commented the County ordinance is ignoring unintended consequences, it is protecting tenants from landlords; however, he doesn’t know any landlords who wants empty properties. He explained that landlords are being squeezed by banks who want mortgage payments and banks are being squeezed to adhere to banking regulations. He commented that there are no protections for banks or landlords in the proposed County ordinance and as Mayor Romick stated, it invalidates contracts between landlords and tenants who have negotiated rents during this time. He suggested the City ask the County not to usurp local authority. He mentioned he has not been contacted by any tenants indicating that their landlords are trying to evict them during this time. Councilmember Alaura commented that she is not sure if she feels like the Board of Supervisors is trying to take local control; there is no ill intent; they are trying to prevent homelessness. She mentioned if landlords and tenants have made agreements, she is in favor of them having the power to enter into those agreements. She suggested the City Council look at the County’s
proposed ordinance and if it doesn't work for the City, the City Council can create its own hybrid ordinance. Councilmember Krieg commented that early on, he thought the City should have its own ordinance, but in reality he doesn’t see it happening as the Sheriff’s Office has more pressing issues to attend to and it is not addressing evictions; therefore, there is no need for the City Council to take any action at this time. Vice Mayor Higgins commented she is fine with what Councilmembers Alaura and Krieg have mentioned. Mayor Romick commented he will reach out to the region’s Supervisor and encouraged everyone to do so. He mentioned he is not sure the City needs to create its own ordinance at this time; it does not need to be more draconian than the County ordinance during this time. City Manager Bryan Montgomery commented that staff will provide the proposed County ordinance once available. No action was required of or taken by the City Council. 6) REPORTS 6.1 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY (a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency Councilmember Pope announced that the Habitat Conservancy meeting will be held remotely on Friday, April 17 at 10 a.m. He welcomed everyone to attend. He mentioned the Habitat Conservancy’s page on the County’s website provides instructions how to dial in. Vice Mayor Higgins thanked all who are feeding, protecting and taking care of everyone during this time. Councilmember Alaura thanked Vice Mayor Higgins, Councilmember Pope, and all of the other front line workers who are doing their best to keep in order and keep everyone safe. She thanked the schools, parents and students for their effort in distant learning. Councilmember Krieg thanked first responders and those risk their lives during this time. He reported he attended a remote Contra Costa Mosquito & Vector Control District meeting regarding budget planning and the District anticipates a decline, but has sufficient reserves which will include construction to be considered for approval at its July meeting. Mayor Romick reported he attended a number of remote meetings using various software, including a Reclamation District 2137 meeting this morning. He shared that in July, work will begin on the Southern levee which is the last project to move dirt. He mentioned residents close to the area should be aware that lots of dirt and trucks will be coming in and out of the area. He also mentioned that construction will be completed after the levee and planting includes10,000
tules. He shared that the District discussed that the City should work with it to patrol 3,000 acres of empty land to ensure no one will be living in this area (no tents). He mentioned the use of drones was suggested until they are ready to open gates for people to have access to it in 2021. (b) Requests for Future Agendas None. 6.2 CITY MANAGER (a) City Manager City Manager Bryan Montgomery reported staff is keeping up with essential duties. He gave kudos to Police and Public Works staff for their work. He mentioned staff is mostly working remotely and using accruals. He shared that residents can still call 625-7000 for services. He mentioned staff does not see many items on the agenda for April 28 and suggests that meeting be canceled, with next meeting to be held May 12 with hope that meeting can be in person. 7) WORK SESSIONS None. 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 (demand under California Voting Rights Act by Attorney Kevin Shenkman, dated March 13, 2020) Mayor Romick announced the closed session item.Two online comments were submitted. Chad Marquardt commented he believes the City should have election districts instead of an at- large election. George Fuller commented creating voting districts is long overdue; OUESD and the City of Brentwood have created voting districts. He explained that Oakley has expanded and its population has moved east of Rose Avenue, yet Councilmembers are at Rose Avenue or west of it. He mentioned all enclaves of Oakley should be properly represented and opposing such action will certainly ensue a costly lawsuit for the City as he is unaware of any city that has prevailed in such legal pursuit. 9) ADJOURN There being no further business, the meeting was adjourned at 8:58 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, April 14, 2020 6:30 PM Oakley City Council Chambers, 3231 Main Street, Oakley, CA BE ADVISED that this meeting will be live-streamed on the City’s website at www.oakleyinfo.com, and you may participate via telephone by calling (925) 809-9201 and using Conference ID#: 205494. Due to the order of the County Health Officer, no one will be allowed to attend the meeting in person. MISSION STATEMENT: The City of Oakley exists to build and enhance a quality community and to serve the public in a friendly, efficient, responsive manner. VISION STATEMENT: The City of Oakley will be recognized as a model of civic participation and a vibrant Delta community where families live, work, play, shop and visit. Agendas are posted in Oakley at Oakley City Hall-3231 Main Street, outside the gym at Delta Vista Middle School-4901 Frank Hengel Way and outside the Library at Freedom High School-1050 Neroly Road; agendas are also posted on the City’s Internet Website www.ci.oakley.ca.us. A complete packet of information containing staff reports and exhibits related to each item is available for public review prior to an Oakley City Council and/or City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority meeting at Oakley City Hall, 3231 Main Street, Oakley, CA 94561. Any writings or documents provided to a majority of the Oakley City Council, Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency or Oakley Public Financing Authority regarding any item on this agenda will be made available for public inspection, during regular business hours, at the front counter in the Main Lobby of the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561. Agendas may be picked up at the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561 for no charge. To request information regarding placement on the City’s agenda e-mail distribution list, please contact us at (925) 625-7000. We provide social media options to stay connected to City Hall through Facebook, Twitter, Next Door and Instagram. Other opportunities to connect with City Hall include Engage In Oakley, Oakley OnDemand on the city's website; and by emailing info@ci.oakley.ca.us. Constant Contacts. Please contact us at (925) 625-7000 for additional information or at www.oakleyinfo.com. 1
If you have a physically challenging condition and require special accommodations, please call the City Clerk’s office at (925) 625-7013. 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. Members of the public may address the Council on items of interest that are within the City’s jurisdiction. Public comment on items not listed on the agenda will be heard under the Public Comments section of the agenda. 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 blue speaker card available in the lobby and submit it to the City Clerk prior to the agenda item being called. The Mayor will call you by name to the podium to hear your comments and you have up to 3 minutes to speak. 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 (Mayor Romick) 1.3 Proclamation Declaring March 2020 as Women's History Month in Oakley (Carol Rios, Vanessa Perry, Diane Burgis, Claire Alaura, Sue Higgins) Proclamation 1.4 Proclamation Recognizing May as American Red Cross Month 2020 Proclamation 2.PUBLIC COMMENTS At this time, the public is permitted to address the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority on non-agendized items. PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. In accordance with State Law, however, no action or discussion may take place on any item not appearing on the posted agenda. 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 2
Agency/Oakley Public Financing Authority with one single action. Members of the audience, Staff or the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor remove the item. Members of the public should submit any Speaker Cards related to the Consent Calendar in advance of the Consent Calendar being considered. 3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting held March 10, 2020 (Libby Vreonis, City Clerk) Minutes 031020 3.2 Approve Minutes from the Emergency City Council Meeting held March 17, 2020 (Libby Vreonis, City Clerk) Minutes 03-17-20 3.3 Ratify Election: Adopt Ordinance No. 05-20 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 173 within the Oakley Special Police Tax Area for Police Protection Services for the Vines (Subdivision 9507) project located at 2371 Oakley Rd (APN 041-100-035) (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. One (1) Signed Ballot 2. Ordinance No. 05-20 2A. - Exhibit A - Boundary Map for Police Tax Area Zone 173 2B. Exhibit B - Tax Rate Schedule for Fiscal Year 2019-20 3.4 Approval of Subdivision Improvement Agreement and Final Map for Subdivision 9516 Woodbury Subdivision (Northeast corner of East Cypress Road and Emerson Ranch Parkway) (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. Resolution Approving the Subdivision Improvement Agreement 2. Resolution Approving the Final Map for Subdivision 9516 3. Subdivision Improvement Agreement with Exhibits 4. Reduction of Subdivision 9516 Woodbury Subdivision Final Map 3.5 Authorize the City Manager to execute an agreement for Landscape Architectural Services with Dutchover & Associates to provide contract landscape and irrigation plan review and inspection services for the City of Oakley on an on-call basis from July 1, 2020 through June 30, 2022 Staff Report 1. Proposal 3
2. Resolution 3.6 Annual Progress Report on Implementation of the 2015-2023 Housing Element with SB 341 Reporting Requirements (Joshua McMurray, Community Development Director) Staff Report 1. Annual Progress Report w/ SB 341 Report 1.1 SB 341 Annual Report FY 18-19.docx 2. Draft City Council Resolution 3.7 Establishment of the Rate per Equivalent Runoff Unit for FY 2020/21 and Requesting the Contra Costa County Flood Control and Water District Adopt an Annual Parcel Assessment for Drainage Maintenance and the National Pollutant Discharge Elimination System Program (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. Resolution for ERU Establishment 2. Draft FY 2020/21 Budget 3.8 Authorize the City Manager to execute an agreement with Capra Environmental Services Corporation to provide Goat Grazing Services for the City of Oakley on an on-call basis from July 1, 2020 through June 30, 2022 (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. Proposal 2. Resolution 3.9 Authorize the City Manager to execute an agreement with Pacific Display, Inc. to provide Downtown tree lighting maintenance services for the City of Oakley on an on-call basis from July 1, 2020 through June 30, 2022 (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. Proposal from Pacific Display Inc. 2. Resolution 3.10 Authorize the City Manager to execute an agreement for traffic engineering services with TJKM Transportation Consultants to provide contract traffic engineering services for the City of Oakley on an on-call basis from July 1, 2020 through June 30, 2022 (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. Proposal 2. Resolution 4
3.11 Authorize the City Manager to execute an agreement for video security system services with KB Security Kams, Inc. to provide video security system services for the City of Oakley on an on-call basis from July 1, 2020 through June 30, 2022 (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. Proposal from KB Security Kams Inc. 2. Resolution 3.12 Approval of Subdivision Improvement Agreement and Final Map for Alicante (Previously known as “The Village at Main”) Subdivision 9503 (Located on Main Street approximately 1,000 feet east of Live Oak Avenue) (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. Resolution Approving the Final Map titled Subdivision 9503 Alicante (Previously known as “The Village”) 2. Resolution Approving the Subdivision Improvement Agreement 3. Subdivision Improvement Agreement (SIA) with Exhibits 4. Reduction of Subdivision 9503 Alicante Final Map 3.13 Award of Contract for Professional Services Agreement for On-Call Materials Testing Services with BSK Associates for FY 2020/21 and FY 2021/22 (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. BSK Associates Proposal 2. Resolution 3.14 Award of Contract with JW Backhoe & Construction, Inc. (JW) for On-Call Services for Maintenance and Repair of City Underground Infrastructure for Fiscal Year 2020/21 and Fiscal Year 2021/22 (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. JW Backhoe & Construction, Inc. Proposal 2. JW Backhoe & Construction, Inc. Resolution 3.15 Award of contract with Dillon Electric, Inc. for On-Call Electrical Maintenance Services and Repair for FY 2020/21 and FY 2021/22 (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. Dillon Electric, Inc. Proposal 2. Dillon Electric, Inc. Resolution 5
3.16 Authorize the City Manager to Execute an Agreement with West Coast Arborists, Inc. to provide tree trimming services for the City of Oakley on an On-Call Basis from July 1, 2020 through June 30, 2022 (Kevin Rohani, P.E. Public Works Director/City Engineer) Staff Report 1. Proposal from West Coast Arborists, Inc. 2. Resolution 3.17 Acceptance of Work Associated with Capital Improvement Project No. 234 - Fiscal Year 2019/20 Street Restriping Project (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. Resolution 2. Notice of Completion 3.18 Resolution of Intention to Establish Community Facilities District No. 2020-1 (Oakley Logistics Center) (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. Signed Petition 2. Resolution of Intention to Establish CFD No. 2020-1 with Exhibits 3. Proposed Boundary Map 3.19 Approval of two agreements with Francisco & Associates, Inc. to provide Professional Assessment Engineering Services to the City of Oakley for Street Lighting and Landscape District No. 1 for FY 2020/21 as well as to provide Professional Special Tax Services for Cypress Grove Community Facilities District No. 1, Emerson Ranch Community Facilities Distirct No. 2015-1, Parks, Street Lighting, Landscape & Stormwater Services CFD No. 2015-2, Fire Protection Services CFD No. 2018-1 and Police Services Special Tax for FY 2020/21 (Kevin Rohani, Public Works Director/City Engineer) Staff Report 1. Francisco & Associates – CFD Proposal 2. Francisco & Associates - LLD Proposal 3. Resolution 3.20 Award of Construction Contract to McGuire and Hester, Inc. for the construction of Capital Improvement Project Number 214 - Vintage Parkway Repair and Resurfacing Project (Main Street to Big Break Road) (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. Resolution 2. Bid Summary 6
3.21 Approval of Subdivision Improvement Agreement, Subdivision Assessment and Annexation Authorization Deferral Agreement, and Final Map for Oakley Logistics Center Subdivision 9513 (6000 Bridgehead Road) (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 1. Resolution Approving the Subdivision Improvement Agreement (SIA) 2. Resolution Approving the Subdivision Annexation and Assessment Authorization Deferral Agreement (SAAADA) 3. Resolution Approving the Final Map for Subdivision 9513 4. Subdivision Improvement Agreement (SIA) with Exhibits 5. Subdivision Assessment and Annexation Authorization Deferral Agreement (SAAADA) 6. Reduced size copy of Sub 9513 Final Map 3.22 Authorize the City Manager to enter into an Agreement for the Purchase of Police Department Patrol Vehicles from National Auto Group and Emergency Equipment (Eric Christensen, Chief of Police) Staff Report 1. National Auto Group Tahoe Quote 2. LEHR Quote 4.PUBLIC HEARINGS 4.1 Waive the First Reading and Introduce an Ordinance Adding Chapter 14 of Title 5 of the Oakley Municipal Code regarding the Permitting of Short-term Rentals within the City Limits (Joshua McMurray, Community Development Director) Suggested Action: Suggested Action: Staff recommendation: 1) Open the Public Hearing, 2) Receive the Staff Report, 3) Receive Questions from the City Council, 4) Receive Public Testimony, 5) Close the Public Hearing, 6) Deliberate, 7) Summarize the Deliberation, 8) Waive the First Reading and Introduce the Ordinance Staff Report 1. Proposed Ordinance Adding Chapter 14 to Title 5 of the Oakley Municipal Code 2. September 24, 2019 Staff Report with Attachments 4.2 Review of Conditional Use Permit Application (7 Mares Grill, 200 W. Cypress Avenue) for Upgrade from Type 41 Beer and Wine License to Type 47 Liquor License (Ken Strelo, Principal Planner) Suggested Action: Staff Recommendation: 1) Open the Public Hearing, 2) Receive the Staff Report, 3) Receive Questions from the City Council, 4) Receive Comments from the Applicant, 5) Receive Public Testimony, 6) Close the Public Hearing, 7) Deliberate, 8) Summarize the Deliberation, and 9) Adopt the Resolution. Staff Report 1. Vicinity Map 2. Public Hearing Notice 3. Active On-Sale Licenses (Census Tract 3020.07) 7
4. Active Retail Licenses 5. Draft Resolution 4.3 Zoning Text Amendments to Oakley Municipal Code Section 9.1.1102 (Accessory Dwelling Units), Oakley Municipal Code Section 9.1.1110 (Fences and other structures), and Oakley Municipal Code Section 9.1.1122 (Yards)(RZ 02-02) (Ken Strelo, Principal Planner) Suggested Action: Suggested Action: Staff recommendation: 1) Open the Public Hearing, 2) Receive the Staff Report, 3) Receive Questions from the City Council, 4) Receive Public Testimony, 5) Close the Public Hearing, 6) Deliberate, 7) Summarize the Deliberation, 8) Waive the First Reading and Introduce the Ordinance Staff Report 1. Public Hearing Notice 2. Tracked Changes Version of Additions and Deletions 3. Proposed Ordinance. 5.REGULAR CALENDAR 5.1 Discussion regarding adoption of a Resolution enacting a Temporary Moratorium on Evictions (Derek Cole, City Attorney) Staff Report 1. California Governor, March 27, 2020, Executive Order No. N-37-20 2. California Governor, March 16, 2020, Executive Order No. N-28-20 3. Order of the Contra Costa Superior Court, April 1, 2020 6.REPORTS 6.1 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 6.2 CITY MANAGER (a) City Manager 7.WORK SESSIONS 8
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 (demand under California Voting Rights Act by Attorney Kevin Shenkman, dated March 13, 2020) Demand from Kevin Shenkman-3-13-20 9.ADJOURN 9
PP RR OO CC LL AA MM AA TT II OO NN declaring March 2020 as “Women’s History Month in Oakley” WHEREAS, women have made invaluable contributions to society throughout history and continue to do so and; AND WHEREAS 2020 is the 100 th anniversary of the 19th Amendment of the Constitution marking 100 years of women voting and early suffragists spent years, and in some cases entire lifespans, advocating for the right to vote and; WHEREAS, International Women’s Day was first celebrated in 1911 and Women’s History Month was first acknowledged in 1980 by President Jimmy Carter who stated “From the first settlers who came to our shores… the achievements, leadership, courage, strength and love of the women who built America were as vital as that of the men whose names we know so well” and; WHEREAS, American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our nation as whole and our local community specifically; and WHEREAS, women play critical economic, cultural, and social role in every sphere of life by constituting a significant portion of the labor force working inside and outside of the home and; WHEREAS, American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, which create a more fair and just society for all; and WHEREAS, the City of Oakley, though the You, Me, We = Oakley initiative and by the fundamental basis of our City’s principals seeks to enhance understanding, trust, and cooperation among all residents of Oakley in order to build a more vibrant and cohesive community; and WHEREAS, since incorporation, the City of Oakley has had women in leadership positions and our first mayor, Pat Anderson was joined on that first city council by Tinker Vanek and Carol Rios. In the following years more women became involved in our government including Diane Burgis and Vanessa Perry in addition to Sue Higgins and Claire Alaura who currently sit on our Council; NOW, THEREFORE, in recognition of the women past and present who have strengthened our community, I, Kevin Romick the Mayor of Oakley, join with the members of the Oakley City Council in proclaiming March 2020 as: “Women’s History Month in Oakley.” March 24, 2020 Kevin Romick, Mayor 10
Proclamation RED CROSS MONTH, 2020 WHEREAS; every year, the American Red Cross, the largest humanitarian organization in the world, responds to an average of more than 60,000 disasters across the country from small home fires to massive disasters; and WHEREAS; March is American Red Cross Month, a time when we recognize the humanitarian organization that eases people’s suffering during life’s emergencies in Oakley, across the United States and around the world. WHEREAS; The American Red Cross has a long history of helping our neighbors in their time of greatest need by delivering shelter, care and hope during disasters; making our community safer through its lifesaving Home Fire Campaign; providing lifesaving blood; teaching skills that save lives; and supporting military veterans and their families; and WHEREAS; last year in Contra Costa County, American Red Cross volunteers helped 168 people affected by 110 home fires providing emotional support, addressing immediate needs and helping families recover with emergency financial assistance or community resources; collected 15,491 units of lifesaving blood; taught skills that save lives to 10,747 community members; provided international humanitarian aid; and supported 835 military members and their families; and WHEREAS; the Red Cross continues to work with its partners to prevent fire tragedies through its national Home Fire Campaign, which installed its 2 millionth free smoke alarm last year and has saved almost 700 lives across the country since launching five years ago; and in Contra Costa County, the American Red Cross and local partners installed nearly 1,500 free smoke alarms and made 471 households safer from the threat of home fires; and WHEREAS; during last years Red Flag Warnings, complicated by the Public Safety Power Shutoffs, American Red Cross worked tirelessly beside its Government and Community partners to coordinate preparedness efforts and develop response plans for the high fire danger by putting volunteers on standby to open evacuation centers, shelters and staff the Emergency Operations Center; and WHEREAS; every day, people in our community depend on the American Red Cross, whose lifesaving mission is powered by the devotion of volunteers, generosity of donors and partnership of community organizations. We dedicate the month of March to all those who support its vital work to prevent and alleviate human suffering in the face of emergencies. NOW, THEREFORE, BE IT RESOLVED THAT I, Kevin Romick, Mayor of the City of Oakley on behalf of the City Council, hereby proclaim, March 2020 as American Red Cross Month. I encourage all Americans to support this organization and its noble humanitarian mission March 24, 2020 _________________ Kevin Romick, Mayor 11
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 March 10, 2020 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 Kevin Romick called the meeting to order at 6:30 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. In addition to Mayor Romick, Vice Mayor Sue Higgins and Councilmembers Randy Pope, Michael Krieg and Claire Alaura were present. Mayor Romick announced Contra Costa Health Services has issued social distancing recommendations and he provided some of the details of the recommendations. He mentioned schools are still in session, although will soon be on Spring Break, and City Council meetings will still take place as usual; the next meeting is scheduled for March 24. 1.2 Pledge of Allegiance to the Flag (Maxwell Hollis, Student at Almond Grove Elementary) Fifth Grade Almond Grove Elementary School Student Maxwell Hollis led the Pledge of Allegiance. The City Council thanked him. 1.3 Dutch Slough Tidal Wetland Restoration Project Update (Katie Bandy, Department of Water Resources, Project Manager) Katie Bandy, Senior Environmental Scientist for the Department of Water Resources and Project Manager for the Dutch Slough Tidal Wetland Restoration Project, provided an update to the Oakley City Council. She explained the parcel was acquired for restoration and they have spent the last 2 years grading the site for Phase 1; to get proper elevations and carving channels, they have been moving a lot of dirt over the past 2 years. She shared that the grading wrapped up in January and they are now in a revegetation phase in which they are planting tules in the marsh plain. She mentioned the Marsh Creek channel will be rerouted. She also shared that they are bringing in container plants (grasses, trees and shrubs) which are being planted now in the higher upland areas. She mentioned next steps include the South Levee project in the summer of 2020 to replace flood capacity, planting will continue in the fall of 2020, levee breaching is planned for the fall of 2021, phase 2 of the project will continue through 2021 or
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