Oakley, CA., Councilmember Hugh Henderson has called for censorship of social media posts written by his colleagues. Councilmember Henderson wants the council to control what information the public can hear regarding the city.
As most Oakley residents know, one platform I ran on for election four years ago was the transparency of Oakley’s City Hall activities. The citizens of Oakley had lost trust in their city officials because of the leadership’s mantra: “The people really don’t care; we can do whatever we like.” The mantra was the exact opposite of the truth of how the Oakley citizens believed.
Fortunately, that has changed. Residents of Oakley express trust in City Hall and consequently have hope for the future. Evidently, Councilmember Henderson wants to change the Oakley scenario back to the days of yore and throw a shroud over the Oakley government again, having us work in secret.
Perhaps Councilmember Henderson’s is concerned of his past performance in local government. One concern is the evidence of campaign money laundering of his campaign contributions during the November 2022 campaign. Another is the unanimous vote of no confidence firefighters took regarding his leadership ability of the East Contra Costa Fire Protection District (ECCFPD) in 2015.
I have provided a link to a copy of the letter written by the firefighters of ECCFPD leadership below. Also, below is a link to my analysis of the campaign money laundering activities of Councilmembers Henderson and Shaw.
A post by me about money laundering is on Nextdoor.com.
There is strong evidence that Oakley Councilmembers Shannon Shaw and Hugh Henderson laundered campaign contributions received from Ohara Properties (Matt Beinke) and DeNova Homes through CREPAC. CREPAC is the California Real Estate Association Political Action Committee. Below is the narrative explaining my concerns to the Fair Political Practices Commission (FPPC). Shaw and Henderson returned their campaign contributions to DeNova Homes and Ohara Properties. They arranged to have CREPAC donate the same amount of money to them as was returned to the other two organizations. The arrangement with CRPAC was to facilitate Shaw and Henderson to bypass the requirements of SB1439 and vote for Benike’s favorite McDonald’s and Quick Quack Car Wash at Laurel Plaza.
The FPPC responded, saying the Enforcement Division would not pursue the matter. Laura Magner was the contact within the FPPC. I agreed with her that the issue was highly complex, and the Enforcement Division did not have the resources to pursue it. The assessment is remarkably accurate because CREPAC has over four million dollars to engage the FPPC in a legal confrontation.
However, law enforcement, especially the California State Attorney General’s Office, to investigate the matter. The matter will move forward to the California State Attorney General’s Office. I will inform the community of any response I receive if I am allowed to do so.
When I became aware of Shaw and Henderson’s actions, I lost an appetite for a while. I viewed the incident as a betrayal to the voters who entrusted them to represent them lawfully and a traitorous act against the community.
I will have more to say with further details in the future. In the interim, I have provided copies of pertinent documents, including a copy of the complaint and the FPPC response.
Narrative
My sworn complaint involves City of Oakley Councilmembers Shannon Shaw and Hugh Henderson. They prevailed in the November 2022 Oakley election cycle. Shaw and Henderson received during the election cycle what residents in Oakley consider significant campaign contributions from various land developers. After the passage of SB 1439 of the 2021-2022 legislative session, both Shaw and Henderson returned the donations to the developers. Both candidates received identical contributions in the amount of money both candidates returned. The contributions were from the California Real Estate Association Political Action Committee (CRE-PAC).
The Mayor of Oakley, Aaron Meadows, endorsed both candidates and is an influential member of the California Real Estate Association of California.
An impetus for the campaign donations was an event on April 27, 2021 that involved O’Hara Properties and its owner, Matt Beinke. The City Council, during the April meeting, denied Mr. Beinke and O’Hara Properties a Conditional Use Permit (CUP) for a McDonald’s drive-thru and a Quick Quack Car Wash. The denial of the CUP canceled the construction of the businesses. Mr. Beinke was furious with the council’s decision, as was Bryan Montgomery, the then City manager.
The new Oakley City Council, including Henderson and Shaw, directed the CUP issue to be brought back before the council on April 11, 2023. If SB 1439 were determined to apply to 2022 contributions, Councilmember Henderson would not have been allowed to vote for the item. Councilmembers Henderson and Shaw did vote for the item (approval for McDonald’s drive-thru CUP and a CUP for a Quick Quack car wash). They were the swing votes on a 3-2 favorable decision for the developer, O’Hara Properties. If Councilmember Henderson had not voted, the Conditional Use Permits (CUP) sought by O’Hara Properties would have been denied.
DeNova home developers brought a development project to the Oakley City Council on November 15, 20922, following the November 8, 2022 election. Councilmembers Shaw and Henderson would have been unable to vote on the item because of SB1439. However, the item was on the council agenda before Henderson and Shaw became seated council members. The item was approved unanimously by the then-sitting council members.
In my perspective, Henderson and Shaw laundered their campaign contributions through CRE-PAC, realizing they could not vote on critical land decisions because of the framing of SB 1439 if it were in force. They returned the money to the developers, and the CRE-PAC covered the losses from their campaign funds. Shaw’s and Henderson’s activity allowed both candidates to vote on crucial land development issues involving the developers who contributed to their campaigns.
I listed Councilmembers Henderson and Shaw as persons believed to have violated campaign contributions regulations and CRE-PAC. However, I think O’Hara Properties and DeNova Homes also conspired to violate the statutes. Also, I encourage current or former staff of the City of Oakley to be investigated to determine if any were involved in the conspiracy, along with former elected officials of the City.
It must be noted that Mayor Aaron Meadows has an intense interest in the development of Oakley and does have considerable sway within CRE PAC.
Yes, I am aware that a final determination was made stating that SB 1439 would not apply to 2022 election campaign contributions. I understand the ruling allowed both Henderson and Shaw to vote on all items that would come to the council dais involving O’Hara Properties and DeNova Homes following taking their seats on the council dais.
Records indicate that Shaw and Henderson returned the O’Hara Properties and Denova Homes contributions after receiving the CRE-PAC money. However, the crucial situation, in my mind, is both Henderson and Shaw violated campaign contribution regulations by allowing CRE- -PAC to launder some of their campaign contributions so they could vote on development projects presented by their contributors to their campaigns if the final ruling regarding SB 1439 were different.
I observed that the CRE-PAC reported donating contributions to Shaw and Henderson campaigns on 10/10/2022, but Shaw and Henderson reported receiving them on or after 10/23/2022. Shaw and Henderson were only required to submit the contributions on Form 460 following the election on 11/08/2022. Thus, the community of Oakley would only have seen the contributions after casting their ballots.
I did find a Form 497 for Henderson reporting a contribution he received from CRE-PAC on 10/26/2022. However, as you know, Form 497 is not widely known to be available to the public to disclose late donations. I did not find a Form 497 for Shaw listing her contribution from CRE-PAC.
Further Insights
Oakley Mayor Aaron Meadows was heavily involved in Shaw and Henderson’s campaign. Mayor Meadows maintains a close association with DeNova Homes and O’Hara Properties. I would not be surprised if Mayor Meadows conspired with DeNova Homes, O’Hara Properties, and CRE-PAC to launder Shaw and Henderson’s campaign.
Also, Bryan Montgomery, Oakley’s former city manager and now Indio’s city manager, took an extraordinary interest in O’Hara Properties to build a McDonald’s Fast Food facility in Oakley. In addition, an investigation of City Staff take place to ensure none were involved in laundering campaign funds.
Note:
While reviewing the CRE-PAC Form 460, I observed various donations to candidates involved with local elections for city council in their communities. I am curious if CRE-PAC laundered any of those candidates’ campaign contributions, especially those involving developers.
A review of Forms 460 and Form 497 revealed:
Henderson
Henderson’s Form 460, 09/25/2022-10/22/2022, indicates he received $1000.00 from DeNova Homes on 09/27/2022.
Henderson’s Form 460, 09/25/2022-10/22/2022, indicated he received $2000.00 from O’Hara Properties on 09/30/2022. Henderson’s Form 497 indicates receiving $3500.00 from CRE PAC on 10/26/2022. The date on Form 497 was 10/26/2022
Henderson’s Form 460, 10/23/2022 – 12/31/2022, indicates he received $3500.00 on 10/26/2022 from CRE PAC.
Henderson’s Form 460, 10/23/2022-12/31/2022, indicates he returned $1000.00 to DeNova Homes on 11/05/2022.
Henderson’s Form 460, 10/23/2022-12/31/2022, indicates he returned $2000.00 to O’Hara Properties on 11/05/2022.
Shaw
Shaw’s Form 460, 01/01/2022-09/24/2022, indicates she received a $1000.00 contribution from DeNova Homes on 09/07/2022.
Shaw’s Form 460, 10/23/2022-12/31/2022, indicates she received a $1000.00 contribution from CRE-PAC on 10/24/2022.
Shaw’s Form 460, 10/23/2022-12/31/2022, indicates that she returned a $1000.00 contribution to DeNova Homes. A date for the return was not listed on the Form 460.
DeNova Homes
DeNova Homes’ 460, 07/01/2022-12/31/2022, indicates that DeNova Homes paid $5,165.00 for the election of Henderson. The item was marked as an independent payment on 10/25/2022.
I could not locate a DeNova Homes Form 460 for the 11/08/2022 election, indicating a contribution to Henderson’s campaign.
I could not locate a DeNova Homes Form 460 for the 11/08/2022 election, indicating a return of any money to DeNova Homes by Henderson.
I could not locate a DeNova Homes Form 460 for the 11/08/2022 election indicating a contribution to Shaw’s campaign.
I could not locate a DeNova Homes Form 460 for the 11/08/2022 election indicating a return of money to DeNova Homes by Shaw.
O’Hara Properties
I could not locate Form 460 for O’Hara Properties involving the 11/08/2022 campaign.
CRE-PAC
CRE-PAC’s Form 460, 09/25/2022-10/22/2022, page 35 of 142, indicates CRE-PAC contributed $3500.00 to Henderson’s campaign on 10/10/2022.
CRE-PAC’s Form 460, 09/25/2022-10/22/2022, page 68 of 142, indicates CRE-PAC contributed $1000.00 to Shaw’s campaign on 10/10/2022.
I provided links to the documents mentioned above. The links are listed below.
Conclusion
On 04/27/2021, the Oakley City Council denied O’Hara Properties and the owner, Matt Beinke, a Conditional Use Permit (CUP) for a McDonald’s Restaurant Drive-Thru and a Quick Quack Car Wash. Mr. Beinke was visibly upset with the council’s decision. Oakley City Manager Joshua McMurray, Former Oakley City Manager Bryan Montgomery, City Attorney Derek Cole, and Councilmember Aaron Meadows were perplexed and stunned by the council’s decision.
During the election cycle set for 11/08/2022, Matt Beinke and O’Hara Properties contributed heavily to Henderson’s campaign, at least by Oakley’s standards. DeNova Homes also contributed heavily to Henderson’s with direct and indirect campaign funds. Also, AB1439 passed the legislature during this period and was signed into law.
Some parties believed that with the passage of SB1439, Henderson, and Shaw would not be able to participate in votes concerning O’Hara Properties or DeNova Homes. Further, I think the parties conspired to have Henderson and Shaw return the campaign contributions to O’Hara Properties and DeNova Homes. CRE-PAC would donate the same amount to Henderson’s and Shaw’s campaigns. The carrying out of the conspiracy would allow Henderson and Shaw to vote on matters involving O’Hara Properties and DeNova Homes.
I believe the evidence exists that the conspiracy was completed.
On 04/25/2023, the city council, with Henderson and Shaw sitting on the dais, reversed itself and awarded a CUP for McDonald’s Drive-Thru and Quick Quack car wash. The meeting and decision were caustic, traumatic, and damaging for the residents of Oakley, especially those attending the city council meeting of 04/25/2023.
George Fuller, Ed.D.
City Councilmember, City of Oakley, CA
Councilmember Henderson is a past president of the Rotary Club of Oakley, and a current member of the Rotary Club of Oakley.
Councilmember Shaw is a current member of the Rotary Club of Oakley.
A community discussion of Oakley’s forthcoming downtown library is on tomorrow night’s November 14, 2023, City Council agenda. An architectural firm is bringing forth a conceptual design of the location and how we can build such a much-needed structure “with no new taxes.” I invite community residents to attend or contact the council members in your district with their ideas for the forthcoming project.
No new taxes for Oakley residents. The California Legislature is at it again. This time, they want to place a ten-billion-dollar bond fund on the ballot to raise money for affordable housing. The legislation is titled AB 1657. A statewide vote will determine if the state issues bonds to accumulate the funds and that the money will be distributed to counties and cities to build affordable housing.
The bonds will be financed through various forms of taxation to cover the repayment cost. The money will eventually be allocated from the general fund. We all know that the State Senate and Assembly have no qualms about configuring various measures to increase taxes for such repayment plans.
The Association of Bay Area Governments (ABAG) pushes the legislation and encourages cities throughout the state to support it. Mayor of Berkeley Jesse Arreguin began discussing the bill in 2022, saying it was a way to reallocate affordable housing to be built “where land is available” (in other words, East Contra Costa County, Solano County, among others). Mayor Arreguin said Berkeley should not have to build many affordable housing units as RHNA required predominantly low-income housing. It was more equitable to create such units in areas such as Oakley, thus dropping the number of units allocated to be built in Oakley.
The bill, introduced by Assemblymember Buffy Wicks, who represents Berkeley, Richmond, and other cities in the West Contra Costa County area, does contain a provision that allows the legislature to alter the RHNA numbers. Sections 5406(a)(b)(c) enable the legislature to make changes to affordable housing laws “at will.” I have listed a link to AB1657 below and highlighted the sections above.
In short, I perceive AB1657 as an “end run” around cities such as Oakley and Brentwood by Mayor Arreguin and other cities in the East Bay coastal areas. This is the time to contact your council members and encourage them to oppose the bill.
The City Council meeting to consider the item is this Tuesday night, October 10, 2023, at 6:30 p.m.
The 55 Acre Park is on the agenda for the Oakley City Council meeting on September 26, 2023, at 6:30 p.m. It is a work session to determine the community direction for the park’s design. The work session includes the community survey results regarding two alternatives for the use of the park. One involves multiple-use fields for soccer and baseball, with artificial turf.
The other alternative is to open up the area for recreation, allowing public access to the river in the process. Camping facilities would be afforded, along with kayaking. Access to multiple hiking trails in the vicinity occurs with alternative two.
The enhancement of the environmental quality of the Marsh Creek area would occur with alternative two. Below is an article by Judith Prieve of the East Bay Times detailing the growth of the Marsh Creek Restoration Project and its value to the community.
Please do plan to attend. The meeting will occur at Oakley City Hall, 3231 Main Street, starting at 6:30 p.m. If you cannot participate in the discussion, please forward an email to be available for council members to read, indicating your position regarding the park.
Below is a copy of the City Staff report regarding the issue and a copy of the second community survey regarding the park. Also, there is a link to access visual renderings of the two proposals.
Oakley City Manager Joshua McMurray, Oakley Administrative Services Department Director Jeri Tejeda, and the law firm of Libert Cassidy Whitmore of San Francisco deserve recognition for innovative, inclusive dedication to the spirit of the Americans with Disabilities Act (ADA). Recently, Oakley (CA) advertised hiring several people for open positions. The City affirmed its commitment to diversity and inclusion in its workforce by posting the below phase.
The City will engage in a timely, good faith interactive process to identify reasonable accommodations to enable qualified individuals to perform the essential job functions.
The phase replaced the words:
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions.
Those of us in the disabled community are encouraged by the change in the rhetoric when discussing workplace accommodations for disabled employees. The discourse is welcoming, friendly, encouraging, and accepting of disabled people in the workforce.
All three of the persons and entities listed above were involved in the change.
George Fuller, Ed.D.
City Councilmember, City of Oakley, CA
There is a concern regarding shade construction at the Koda Dog Park. I mentioned that the original funding for the shade structure to be built for the park occurred during the June 14, 2022, city council meeting. I am concerned that the shade was not created even though it was supposed to be up this past Summer.
Three council members (Shaw, Meadows, and Williams) told someone in an organization that purports itself a reliable news source that approval of the park shade happened mid-June 2023. The action at the time was to reaffirm the June 14, 2022, approval.
A significant concern for me is I see City Hall members moving back into the “gaslighting atmosphere” used by prior councils and former City Manager Bryan Montgomery to deceive the public and keep people silent. I do hope we do not return to those Montgomery Days.
I have provided links to the June 14, 2022, city council minutes and highlighted the shade approval.
I have also provided a link below to the projects approved on June 14, 2022; I highlighted the shade structure approval.
I have provided a copy of the article that appeared in a self-proclaimed news source—notice no byline.
During the Oakley City Council meeting of August 8, 2023, Wyatt Moore of the East Bay Regional Parks District gave a fascinating presentation regarding the indigenous people of the Delta area. I have attached a link to the presentation, which is approximately eight minutes, so that people may watch the demonstration.
I appreciate Jimmy Ramirez, an Oakley Planning Commissioner, for speaking in favor of acknowledging the indigenous people of Oakley’s past in 55 Acre Park. I endorse the effort.
I am also grateful for our City Manager, Joshua McMurray, ‘s extraordinary efforts in arranging Mr. Moore’s council attendance.
I have a quick request to ask residents to email a note of support to the council commending the members of the Oakley Police Department for their professional service to our community. Our law enforcement family members have been working diligently to provide proactive law enforcement, including curtailing the illegal fireworks in our city. They deserve a “pat on the back.” Please forward the message before 6:30 pm tomorrow, August 8, 2023.
The email address to send communication for the city council is:
Below is a copy of a link to discourse and rhetoric during the last council meeting that did create some ire within me. It is approximately twenty-five minutes in length.
I congratulate the professional response to the July 4th fireworks activity that most know about. In Oakley, the Oakley police officers forfeited the 4th evening with their families to curtail the use of fireworks in the city. The night of the 4th, city residents heard fireworks in our town, nothing new. The illegal use of fireworks on the 4th of July has occurred over multiple decades in communities nationwide. However, my perception is that compared with past unlawful activity, there has been a drastic reduction in the volatility of fireworks on the 4th of July in Oakley.
On July 11, 2023, Oakley Police Chief Paul Beard presented a summary of the enforcement efforts to the Oakley City Council. He noted that in 2021, fireworks exploded from April through October of that year. That situation did not occur this year thanks to the efforts of the Oakley police department. The Chief reported that, in his professional opinion, the illegal use of fireworks declined significantly this year. I agree with him. Unfortunately, Councilmembers Shaw and Williams disagreed with him, in my perspective.
Both indicated that fireworks had been to them personally and were upset that it occurred near their homes. Councilmember Shaw began micromanaging the Chief, saying the department should deploy drones to hunt down violators and cite. Councilmember Shaw called for more officers assigned to firework enforcement, taking them away from other criminal suppression efforts.
I was particularly vexed when Councilmember Shaw directed the Chief to “escalate” the enforcement of illegal fireworks ordinances until all fireworks disappeared from Oakley. Politicians telling chiefs of police to escalate enforcement towards certain groups is a danger in my mind. BIPOC communities continually remind us some communities expect their police to “keep those people in line.” BIPOC communities are not the only groups affected by directions from a dais to escalate enforcement against certain groups. Migrants from Oklahoma during the depression felt the sting, as have people living “on the wrong side of the tracks.”
Fortunately, Oakley has a professional police chief. He stated he will continue to work towards curtailing fireworks in the City and has over eleven months to plan for the next July 4. In the process, he will continue to provide sound law enforcement in the City, with diversity, equity, and inclusion of all members of our City.
In the interim, I would like to ask that residents in the City forward an email for the next council meeting, set for August 8, letting the city council members on the dais know that they support and appreciate the Oakley Police Department and their Chief. Better yet, it would be nice for people to come to the meeting at 6:30 pm and thank them in person from the podium. A link to the video of the council discussion is below. It is approximately 25 minutes in length.
George Fuller, Ed.D.
City Councilmember, City of Oakley, CA
