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
FEBRUARY 8, 2022
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 Randy Pope called the meeting to order at 6:31 p.m. in the Oakley City Council Chamber located at 3231 Main Street, Oakley, California. Vice Mayor Aaron Meadows and Councilmembers Anissa Williams, George Fuller and Sue Higgins were also present.
1.2 Pledge of Allegiance to the Flag
Mayor Pope led the Pledge of Allegiance to the Flag.
2.PUBLIC COMMENTS
Online Public Comments
Sean Ireland commented that Cypress Road was closed again January 30, 2022, due to an accident which has become a regular occurrence for residents of Oakley and Bethel Island. Further comments included safety improvements will take time and the City must start planning now, a two-lane, undivided road is insufficient for the amount of traffic in the corridor, and the frequency and severity of accidents has shown this time and time again.
Patsy Gottbehuet commented they have lived in the Summer Lake subdivision since 2015 and it is a great family community, but there have been numerous times they have been trapped in their subdivision with the only access out being levy roads which were not made for the volume of vehicles. She explained there have been too many traffic accidents that have shut down roads and they have driven out of their subdivision with fire on both sides of the road. She indicated the Council needs to be out there next time to be part of it and something needs to be done.
Sarah Vanni and Jason Vanni commented they are homeowners in Summer Lake and are disappointed the City is allowing more homes to be built without a safe alternative to get in and out of the community. While they acknowledged they knew the one way in, one way out was a problem, they indicated they felt the City was taking care of it. They indicated they were told when they bought their home almost 10 years ago, they would have an elementary school, fire house, and road that came off of Bethel Island Road; they have the school and fire house, but no road. They expressed concern for safety of residents and children attending the elementary school in the event of emergency. They expressed they have seen too many times the road is inadequate for the number of homes in the area and more and more frequently they are trapped for hours waiting for a safe way out. They urged the City to build the road already planned.
Sylvia Gonzalez commented she lives in Summer Lake and one way in, one way out of the community is unacceptable. She mentioned there were two accidents last week where no one from her subdivision could enter or exit and they have been evacuated three times in two years due to fires where again, they could not get in or out. She mentioned if it had not been for a private property owner allowing access over her property, they could not escape the danger zone. She pleaded for the City to fix this problem and build another exit or overpass so they have a way out.
Jennifer Furer commented she has lived in Summer Lake since 2014 and loves it, but between vehicle accidents and fires she has felt stranded without an alternate route out that doesn’t involve driving through someone’s private property or down a scary levee “road”. She mentioned she cannot believe with almost 500 students at the elementary school that this is still a discussion. She indicated they all deserve better.
Public Comment Cards
Sharon Kuykendall provided photos of the last accident to the Council which were made part of the meeting record. She commented that she has lived in Summer Lake for 13 years and has attending meetings held with Fire and Police regarding the issue with ingress and egress to the community. She mentioned something needs to be done, the community does not feel like the issue is being addressed, and when Cypress Road is closed, residents and 600 kids at the elementary school cannot get out. She mentioned in the extra time it would take for emergency response to reach them, they may be gone. She indicated she has spoken with people she knows from Fire and Police and the situation scares them. She urged the Council to remedy the situation.
Mayor Pope indicated he has many speaker cards on the same topic. He asked City Manager Joshua McMurray to be prepared at the end of public comments to summarize the steps the City has already taken and next steps to be taken.
Beverly Ng commented she has lived on Sandmound Blvd. since 1976 when they had a fire station on the island and volunteer firefighters. She explained they were promised a road when development began and now it is even more important as they have commuters, speeders, accidents, and the elementary school. She mentioned it is unfair to expect people to use the levee roads as they are too old and dangerous; they cannot accommodate an RV, trailer or school bus. She also mentioned that Police is not controlling traffic efficiently; there is only one lane and people get angry. She suggested a two-lane road like Sellers could be easily built and they need safe access. She mentioned it is not fair to the private property owner to have potential liability of vehicles on her property to get out during an emergency. She requested something be done soon.
Connie Skoog commented she has lived 11 years on Sandmound Blvd. and spent one hour on Dutch Slough trying to get through. She mentioned the City indicates it is transparent and development information is available on its website; however, she could not find any information on what is planned for commercial development on Cypress Road. She also mentioned Oakley has the slowest response time for fire and emergencies, yet the City brings more and more people into the area because it needs tax funding for it. She commented that a person having a heart attack in that area is not going to say that someday taxes will pay for emergency services. She expressed it is up to the City to take care of its people and she doesn’t see it happening.
Mary Ann Aldon commented she experienced the October 2019 Summer Lake fire, panicking, wanting to get out, with her young child, and it was horrible. She shared that she started attending the meetings with Fire and Police where they discussed a plan and she understands that 2020 was a giveaway year, but now it has been 3 years and nothing has happened. She explained she worked for a municipality and knows the city should listen to its residents. She mentioned they faced a similar issue again on January 30. She mentioned she has the same fear as her neighbors; they fear what will happen to them in another fire situation.
Virgil Chaddock commented he has lived in Oakley since 1990, originally on Sandmound, and the road is bad with vehicles constantly speeding and weaving around other cars. He shared people called him during the fire as they were watching it on the news and telling him people could not get out. He expressed concern that the City is not taking the issue seriously enough as it is allowing the building of 5,000 new homes to increase the problem. He mentioned he already sees tempers and violence increasing. He also mentioned roads take a lot of work and suggested the City consider 4 lanes rather than 2.
Alfred Zaragoza commented he is a lifelong resident and a year ago when the fire occurred, he had no way to get to his family in the area. He suggested the City let services catch up before building more homes. He mentioned they can forget about emergency responders; everyone is on their own.
Councilmember Fuller asked if someone in the back of the room has a comment card on this item.
The person responded it is for another item on the agenda.
Mayor Pope asked Mr. McMurray if he could provide an update.
Mr. McMurray shared that the City takes this issue very seriously, it is a main priority, and an issue discussed daily. He explained it is not as simple as the City building a bridge or a road as there are many parties involved, there is land owned by private developers and private property owners, and land that falls outside the City limit. He shared the City is working with the developers toward a solution. He indicated an agreement which will guarantee access to Holland Tract has been approved by the Reclamation District and he is awaiting signatures. He explained this agreement will memorialize responsibilities. He also shared the City is developing procedures what to do during an emergency as many agencies are involved in response, i.e., the City, County, Sheriff’s Office, Fire District and Reclamation District. He mentioned a workshop on this topic was held in October 2021, where he shared that this is an issue the City inherited from the County. He explained the County approved the homes in Summer Lake without a secondary exit. He shared that the City has not issued a permit east of Jersey Island Road since 2019 which was approved to finish the homes in Summer Lake.
Questions arose from the audience.
Mayor Pope commented that the audience may stay and have more dialogue during a break or after the meeting, but the meeting format is not conducive to calling out questions and having back and forth discussion. He requested staff place an emergency plan that is easily searchable on the City’s website so residents know what to do.
Sharon Kuykendall inquired if the City can also include its progress steps on its website.
Mayor Pope commented that similar to the Planning projects it had a few months ago, there is a plan on E. Cypress which can be accessed through the Planning tab on the City’s website or past meeting minutes can be reviewed which are also available on the City’s website. He mentioned the issue of speeding may need to be addressed with additional dedicated traffic enforcement officers which they can look at during budget time. He explained that the City does not have water or fire services; these services are provided by separate agencies with boards elected by voters. He further explained that when a project comes to the City, the applicant must go to the service provider to confirm there are adequate services for the project. He suggested staff provide a business card and to respond to anyone with additional questions.
3.CONSENT CALENDAR
3.1 Approve Minutes from the Special Oakley City Council Meeting held January 25, 2022 (Libby Vreonis, City Clerk)
3.2 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)
3.3 City of Oakley Quarterly Investment Report (2nd Quarter FY 2021/22) (Tim Przybyla, Finance Director)
3.4 City of Oakley as Successor Agency to the Oakley Redevelopment Agency – Quarterly Investment Report (2nd Quarter FY 2021/22) (Tim Przybyla, Finance Director) Mayor Pope mentioned Item 3.3 will be pulled.
It was moved by Councilmember Meadows and seconded by Councilmember Higgins to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0) Item 3.3
Mr. McMurray mentioned there is a correction to the rate under type 3; it is 0.230%, not 23.0%.
It was moved by Vice Mayor Meadows and seconded by Councilmember Fuller to approve item 3.3 as corrected. Motion was unanimous and so ordered. (5-0)
4.PUBLIC HEARINGS
4.1 Wendy's Drive-Through Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21) (Ariana Ruiz, Planning Technician) Planning Manager Ken Strelo presented the staff report on behalf of Ms. Ruiz.
Mayor Pope requested to have cross traffic and the drive-through addressed.
Bill Burton, Senior Associate with Fehr & Peers, explained with the traffic analysis, it was found that the queuing for the drive-through at Dutch Bros. extended to the east access point only for 5-10 minutes on one weekend, but would still allow vehicles to access the proposed Wendy’s drive-through on the west side. He mentioned there are 4 ways in and out of the Wendy’s site and 2 of them will be pretty clear most times of the day.
Councilmember Fuller inquired how the drive-through will be monitored for orderly transition from two lanes into one. He also inquired about the exit strategy when leaving the drive-through and heading across the Dutch Bros. queuing line.
Mr. Burton shared that the drive-through design is modern with two lanes merging into one lane and vehicles will figure it out. He explained that it is a low-speed, orderly maneuver which presents a low hazard. He also explained that upon exit from the drive-through, vehicles heading toward the Dutch Bros. queuing line will come to a “T” section where they can go left or right and signage will be placed directing vehicles to turn left to go to Bridgehead Road and the highway.
Councilmember Fuller inquired if vehicles turn left, if they will be crossing the Dutch Bros. queuing line.
Mr. Burton responded that there can be 15 cars in the queuing line at the Wendy’s drive-through before getting into the median roadway, with a maximum 24-car capacity for the drive-through. He mentioned if there is an issue, striping can be placed indicating not to block the roadway.
Councilmember Williams commented she has seen fist fights at the Wendy’s location in Brentwood. She mentioned Dutch Bros. has lots of traffic at times and she would like to get ahead of any potential problems. She expressed concern regarding the drive-through line and how it may compare to the Brentwood location.
Mr. Burton mentioned he won’t comment about Brentwood as he is not familiar with that site, but the maximum que is 20 cars at Dutch Bros. and the proposed Wendy’s can have 24 cars in the que. He added he has not seen that many cars at one site.
Councilmember Williams commented it only accommodates 15 cars before cars issue in and out.
Mr. Burton explained there is an excess que on the north side.
The applicant commented that the Brentwood Wendy’s drive-through stack line is 8-10 cars and it is a high volume location which is a problem. He shared he is a hands-on owner with 30 years in this community and he will direct traffic if need be.
Mayor Pope referred to Chick-fil-A and inquired if the applicant would direct traffic like that.
The applicant responded he would if it is needed and now tablets are available for order taking.
Mayor Pope opened the public hearing and called for public comments.
Conan Moats commented he does not see an issue with this, but by granting this Conditional Use Permit (CUP), he would like to know if it will set precedent for other CUP’s for drive-throughs.
There being no further public comments, Mayor Pope closed the public hearing.
Assistant City Attorney Elizabeth Fratarcangeli commented that she does not see an immediate issue of granting the CUP as it does not create a blanket rule; CUP’s are evaluated on a case-by-case basis.
Councilmember Fuller suggested a condition of approval be included to address the drive-through line during busiest hours; an employee must be designated as an order taker to avoid back up in the que.
Mr. Strelo responded that if the application is approved and it is the wish of the Council, staff can include a condition of approval in the final resolution as it sounds like the owner is willing to do it.
Councilmember Fuller reiterated it would be only during busiest hours.
Vice Mayor Meadows asked Mr. Burton if under table 3 of the traffic analysis where it indicates Wendy’s peak average que is 4.1 vehicles and 95% is 8.2, the most they are probably going to see, if all of these will fit in the 2 lanes before the driveway.
Mr. Burton confirmed they will.
Mayor Pope suggested rather than assigning hours, to set a trigger (i.e., if the line gets so long or approaches the cross isle) to have employees direct traffic. He asked Councilmember Fuller if that would satisfy his suggestion.
Councilmember Fuller responded his concern is if the trigger happens, but they are short-staffed, then it is not done. He mentioned is has to be a top priority for a person to go out there.
Vice Mayor Meadows shared that he runs a business and doesn’t like people telling him how to run it. He mentioned the problem on that site is probably the Dutch Bros., not Wendy’s, but it is a good problem.
Mayor Pope inquired about additional signage out of the drive-through to make a left turn only and he inquired about ingress signage to direct vehicles to the other entrance.
Mr. Strelo responded he doesn’t believe there is signage. He mentioned when approaching the site, a driver can navigate if pulling into the Dutch Bros. from the west and if coming in from Bridgehead it is obvious.
Councilmember Williams commented she likes the idea of a condition, but as a restaurant owner, it is not realistically going to happen during these times. She explained there is no need to direct traffic if there is no one to cook the food.
Councilmember Higgins agreed. She inquired if they can widen any of the back road.
Mr. Strelo responded that area is a separate parcel from this project and is privately owned.
Vice Mayor Meadows moved to approve the resolution as presented.
Councilmember Fuller requested clarification.
Mayor Pope mentioned Vice Mayor Meadows is offering the motion as is.
Councilmember Fuller moved to amend the motion and approve the resolution as amended to include a condition of approval for traffic control from the point where traffic from the drive-through extends in the que into the median road.
Mayor Pope seconded the amendment to the motion.
Councilmember Williams inquired what repercussions are available if the condition is not met.
Mayor Pope inquired what the enforcement mechanism is.
Mr. Strelo explained that if a condition of approval is non-compliant, the CUP can go back to the Council for consideration and he can include that in the resolution.
Councilmember Williams inquired who is responsible for compliance.
Mr. Strelo responded it is the operator.
Councilmember Fuller mentioned he believes the Council has authority to pull the permit if there is non-compliance.
Mr. Strelo confirmed that is correct.
Vice Mayor Meadows commented he is not in favor of the amendment, but if they allow 24 cars, he is okay with it.
Mayor Pope responded that 15 cars are where it is at.
The vote was taken on the amendment to the motion. AYES: Fuller, Pope. NOES: Higgins, Meadows, Williams. The amendment failed.
The original motion made by Vice Mayor Meadows was seconded by Councilmember Fuller. Motion was unanimous and so ordered. (5-0)
4.2 CR-A (Commercial Recreation-Aquatic) District Zoning Text Amendment (RZ 02-21) Project (Ken Strelo, Planning Manager with Cindy Gnos, Senior Vice President, Raney Planning & Management, Inc) Planning Manager Ken Strelo presented the staff report. He mentioned two letters were submitted in support of the text amendment which have been provided to the Council.
Rebecca Schmidt, Community Development and Planning Consultant with MRG, LLC, commented that the goal of the text amendment is to provide opportunity and find uses compatible with the waterfront so marinas don’t have to stand alone; they can bring in residents and community recreation. She mentioned the text amendment clarifies uses on the Delta and that clarification opens up the door for use of the waterfront for recreation. She mentioned the marinas were contacted and all are in favor of the amendment.
Chris Lauritzen commented he is available to answer any questions.
Vice Mayor Meadows inquired if Foundation Construction is present and if they are in favor of the text amendment.
A person on behalf of Foundation Construction in the audience confirmed they are in favor if it does not affect them.
Mr. Lauritzen commented that the property owner is also present.
The property owner confirmed he is also supportive of the text amendment.
Councilmember Fuller mentioned the CR-A districts covered are only those north of the Amazon project and Big Break.
Mr. Strelo confirmed that is correct; they are the only areas zoned CR-A.
Councilmember Fuller inquired if it applies to Jersey Island Road.
Mr. Strelo explained those are zoned differently.
Vice Mayor Meadows inquired if there is potential for housing.
Mr. Strelo responded that the Community Residential Waterfront Master Plan allows for some housing along with commercial similar to mixed use like with Twin Oaks. He mentioned that would be a large-scale project that would occupy most of the marina.
Mayor Pope opened the public hearing and called for public comments. He mentioned two letters were submitted by Driftwood and Big Break marinas. He inquired if either would like to speak or if the letter addresses their comments. Both indicated the letter is fine; they did not wish to speak. Mayor Pope mentioned both letters encourage the Council to vote to approve the text amendment.
Public Comment Cards
Virgil Chaddock commented that this is a nice opportunity that would have been great years ago when there was talk about a Bass Pro Shop but that fell through. He suggested 6 pack charter boats would be a nice to have with a separate area for them to offload customers and their catches, along with customer parking. He mentioned he is aware of about 50 6 pack boats in the area that may be interested. He also suggested 2 small fire boats in the harbor which could be shared with Bethel Island and Dutch Slough during emergencies as they can get to incidents fast. He also suggested additional Sheriff’s boats.
There being no further public comments, Mayor Pope closed the public hearing.
Councilmember Fuller commented he is happy with it and appreciates that it is expanding into the Delta, a tremendous resource.
Councilmember Williams mentioned it will be great to have money spent here rather than at other marinas, the area is ripe for restaurants, she loves the tours with kayaks, and is in favor of it.
Councilmember Higgins mentioned she didn’t see any drive-throughs and is all for it.
It was moved by Councilmember Williams and seconded by Councilmember Fuller to waive the first reading and introduce the proposed ordinance. Motion was unanimous and so ordered. (5-0)
5.REGULAR CALENDAR
5.1 Adopt a Resolution Appointing Conan Moats to the Planning Commission to Serve a 2-year term and Changing the Term for Planning Commissioner Shannon Shaw from 2-years to 4-years (Joshua McMurray, City Manager) City Manager Joshua McMurray presented the staff report.
Councilmember Fuller moved to table the item indefinitely to open the application process back up.
Vice Mayor Meadows requested clarification whether Councilmember Fuller’s motion is to table it or open it back up.
Councilmember Fuller indicated he wants it tabled.
Vice Mayor Meadows commented he would like to open the application process asap to all applicants.
Councilmember Fuller agreed and also mentioned the process should begin immediately.
Vice Mayor Meadows commented that he believes they are saying the same thing and he seconded the motion.
Mayor Pope inquired if the motion is to table the action and direct staff to initiate a new selection process to accept applications.
Councilmember Fuller indicated the motion is to solicit applications and have the Council interview eligible applicants. He mentioned Shannon Shaw has not been asked if she wants a 4-year term.
Mayor Pope mentioned the motion is to table the action and direct staff to initiate a new selection process as done before with applications, interviews and selection.
The vote was taken. AYES: Fuller, Meadows. NOES: Higgins, Pope, Williams. (2-3) Mayor Pope announced the motion failed.
Mr. McMurray commented that staff took the direction provided by the Council during its meeting held January 25, 2022, and prepared the resolution accordingly to appoint Conan Moats to the Planning Commission for a 2-year term and to change the term of Shannon Shaw from 2 years to 4 years. He mentioned Conan is willing to accept the position and is available to attend the CalCities’ Planning Commissioners Academy in March.
Vice Mayor Meadows commented he did not attend the last meeting held January 25, 2022, and does not see the rush to fill the position. He mentioned if Edward had not applied, he wonders how the 5 votes would have been made. He shared there was a woman he would have voted for had he not voted for Edward. He mentioned they still have time to go through the process and have the selected person attend the March training.
Mr. McMurray mentioned it can be done and recommended a shorter period of time for the application process so staff can bring the item back on March 8. He mentioned he will notify applicants not previously selected should they wish to re-apply.
Councilmember Fuller commented if it is a no vote, then applications are re-opened and they would go through the process and make a selection.
Councilmember Higgins inquired if staff asked Shannon Shaw if she wants a 4-year term.
Mr. McMurray responded staff did not; it took the direction of the Council to prepare the resolution.
Shannon Shaw was in the audience and gave a thumbs up confirming a 4-year term is acceptable.
Councilmember Williams commented that the timeline seems unrealistic since it is already mid-February. She mentioned she does not think they will get many additional responses. She expressed that the Planning Commission was appointed in October and it is still not active, things will come up, residents feel like the Planning Commission is long overdue, and there will always be some potential barrier. She shared that she would have voted the same way so she feels like it is time to rip the band-aid off and get it up and running. She added that inaction is crippling them.
Councilmember Fuller commented the City is in position now to impanel the Planning Commission with 4 members to begin business; there is a quorum.
Mr. McMurray confirmed that is correct.
No public comment was submitted.
Councilmember Fuller commented they are gaining trust in the community and working with integrity, part of it is following policy, procedures to put people in office for the integrity of the community. He mentioned it has been 90 days since interviews, people change, and they need an opportunity to be heard. He mentioned a Planning Commission can come together by mid-March, but even without, it can commence business with 4 people. He indicated it may not be the best way, but to rush it by putting the next person in, is not the best way to go. He mentioned they should do as they originally said.
Councilmember Higgins commented that the system allows the Council to appoint someone so they can appoint Conan Moats to the Planning Commission and change the term for Shannon Shaw from 2 to 4 years.
Mayor Pope shared that during the previous Council meeting, there were only 4 Councilmembers present and there was an item on the agenda where they were deadlocked until he changed his vote. He commented he does not want to delay and he wants the Planning Commissioners to have training and get up and running so they can have a legitimate Planning Commission. He asked for the City Manager’s assurance that they can do the selection process and not delay so the Council can select and appoint a Planning Commissioner on March 8.
Mr. McMurray responded it will be tight, but staff will make it happen. He mentioned the CalCities’ Planning Commissioner Academy will be held March 16-18 and staff will make it known that the person selected must attend this training.
Mayor Pope added that staff will reserve a spot for that person for the training since the registration may already be open.
Mr. McMurray responded as soon as the person is appointed, the person will be registered.
Councilmember Higgins inquired how many staff hours have gone into the application process already for the Planning Commission and the cost.
Mr. McMurray explained that it has taken some time over this past year to get to this point, but they have everything ready from the previous application process so they can easily release information to the public to begin the application process.
Conan Moats requested to speak.
Mayor Pope commented he would not normally allow public comment at this time, but since Conan Moats is being considered for the position, he would like to hear from him.
Conan Moats commented that he has been listening to this back and forth and has been self-reflecting how to serve the community. He mentioned the previous application process in October had his name placed in a hat. He shared he is thinking of time management as he is a full-time teacher at a high school, a tennis coach, and a father to 3 children. He mentioned he understands the discussion, but given the time constraint, the City needs to make a decision. He expressed he is flustered because he did not realize there was that much dissent, but he wants to serve.
Councilmember Fuller commented that the process is worth every penny, time, and effort to bring this together. He mentioned the system works and the cost is well worth it.
Councilmember Williams commented that she has not heard one person in opposition of moving forward, but rather everyone is commenting why it is not moving forward and those voices need to be considered.
Vice Mayor Meadows moved to open the application process and hear the item during the March 8 Council meeting.
Mayor Pope inquired if his motion includes changing the term for Shannon Shaw from 2 years to 4 years.
Vice Mayor Meadows confirmed it does include that.
Councilmember Fuller requested for the motion to be formalized.
Mayor Pope mentioned the motion is to appoint Shannon Shaw to a 4-year term and open the application process back up to all applicants.
Councilmember Fuller seconded the motion.
The vote was taken. AYES: Fuller, Meadows, Pope. NOES: Higgins, Williams. (3-2)
5.2 Proclamation Policy (Joshua McMurray, City Manager) City Manager Joshua McMurray presented the staff report.
Mayor Pope inquired if this item is similar to a work session where staff is requesting Council feedback.
Mr. McMurray responded staff is looking for direction.
Councilmember Williams commented that before they invest time, she would like to know how much staff time it will take to create a formal policy and if the policy will provide staff a better place to come from.
Mr. McMurray responded the policy will be something staff can point to should Councilmembers have any questions and it will establish an application process. He mentioned he is all for streamlining, but this is one area to provide a process. He explained if the Council gives staff direction to move forward with a policy, he would review existing policies from other cities and create something similar to bring back for the Council’s review.
Councilmember Fuller commented he is all for approving, but would like to see the language, “on behalf of the City Council” omitted from the closing section of the proclamation. He explained the Mayor is issuing the proclamation and if there is any objection to the proclamation, there are other means to respectfully disagree and a mechanism for the Mayor to be asked to step aside should the Council be adversely impacted by the Mayor issuing the proclamation. He mentioned the Mayor should use best judgment.
Vice Mayor Meadows expressed he is in favor of a formal process and would lean toward Walnut Creek’s policy.
Councilmember Higgins commented she is fine with a formal policy and with the Mayor issuing the proclamation on behalf of the Council.
Councilmember Fuller commented that if the proclamation is presented “on behalf of the City Council” there should be a vote and he doesn’t want to hinder the Mayor if it is “on behalf of the City Council”; there should be a discussion. He indicated he is in favor of a formal policy.
Councilmember Higgins suggested a list could be put together of monthly proclamations which could be approved similarly to how the Council approves meeting dates because the Council may wish to be part of it.
Mayor Pope expressed he would like to share the history how this came about. He shared that he disagreed with a proclamation that a former Mayor wanted to read on behalf of the Council and the Council at that time voted to allow the Mayor discretion. He indicated his personal practice is not to allow any proclamations that are controversial. He shared that today, a proclamation was requested by the Red Cross which seems like a straight-forward, go ahead item. He mentioned proclamations are usually a feel-good recognition or they draw attention to a community issue. He added that the Mayor represents the Council and the Council represents the community. He mentioned he is fine with the status quo.
Councilmember Williams commented that since staff is asking for it, the Council could formalize the process it is already doing.
Mayor Pope mentioned a proclamation list could be provided to the Council by email prior to issuance for review and approval.
Councilmember Fuller commented he is not sure how to put it together if there is not consensus.
Mr. McMurray commented it sounds like at least 3 or 4 Councilmembers are in favor of a draft policy so he will bring back a draft policy for the Council to review.
6.REPORTS
6.1 CITY MANAGER
City Manager
City Manager Joshua McMurray announced the first Strategic Plan workshop will be held Tuesday, February 15, beginning at 6:30 p.m., at the Oakley Recreation Center. He mentioned it will be the first of three meetings.
Hybrid Meeting Discussion Follow-Up
Mr. McMurray mentioned staff was provided direction during the January 25 meeting to research and bring back to the Council hybrid meeting options. He mentioned Lindsey Bruno, Recreation Director and Website Coordinator, has a presentation for the Council to review options.
Ms. Bruno’s presentation addressed current viewing and participation options, options used, hybrid meeting options, what other cities in Contra Costa and Alameda counties are doing and platforms being used, other types of hybrid engagement, costs, and considerations for hybrid meetings.
Mayor Pope commented that hybrid meetings were brought up under the current State of Emergency which expires at the end of March and there is uncertainty if it will be extended.
Councilmember Williams commented that she wants to be realistic; there were a lot of people here at the beginning of the meeting for a non-agendized item, but for those that were unable to stay and participate, they would know more if they were able to participate, and now they may feel like it is unfinished business. She mentioned if transparency is the goal, listening to residents and residents seeing the Council listen to them is important, and the current system is not great. She expressed she does not want to invest expense if the emergency order is going expire, but they need to be more transparent, meet people where they are, and if the order gets extended, bring it back for further consideration.
Councilmember Higgins commented “ditto”.
Councilmember Fuller commented he is glad Ms. Bruno brought up schools. He mentioned many of the colleges are moving to in-person learning because it is best for accreditation and for communication. He mentioned the only reason hybrid meetings came about was because of emergency which may no longer be in place soon. He shared he is in favor of having public participation in-person or in writing so meetings are more orderly and less chaotic as when they have tried to include both in-person and remote participation.
Vice Mayor Meadows commented that he does not think they need to go to two-way communication, but they do need to be able to broadcast something out that is more reliable than the current method. He mentioned staff already has a lot to work on and they don’t need to create an elaborate system, but they do need to make sure people can watch the meetings.
Mayor Pope commented the County is already lifting restrictions and remote meetings are enabled by legislation which allows remote meetings, but without legislation, they may very soon not have remote ability. He mentioned they will continue to follow open meeting law, a long-established practice. He shared they could have a two-way system, but the law may not allow for it. He mentioned the focus right now should be a reliable system to allow people to watch the meetings.
City Park Policy Discussion
Mr. McMurray mentioned this discussion is tabled and will be brought back during a future meeting as a full work session.
6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY (a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency Councilmember Fuller reported he drove through the intersection of Laurel Road and Mercedes Lane and the City has done some work to make the intersection safer.
Councilmember Higgins reported search efforts for Alexis Gabe, a missing person, and anyone with information should call Oakley Police. (b) Requests for Future Agendas
Councilmember Fuller proposed a resolution to oppose construction of the tunnel that would pump water from the Sacramento River to Tracy to the Central Valley. He explained it happens now by land but pumping would disrupt the ecosystem.
Councilmember Higgins supported his proposal.
Mayor Pope mentioned he would co-sign the letter and shared the City has an existing policy to instruct staff to send the letter out to state decision-makers and stakeholders.
7.WORK SESSIONS
None.
8.CLOSED SESSION
Mayor Pope announced the closed session Items.
The City Council heard the items in the antechamber.
8.1 CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(b)
Two potential cases.
8.2 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
City of Oakley v. Scelsi, et al.
Contra Costa Superior Court Case No. MSN16-1620
9.ADJOURN
There being no further business, the meeting was adjourned at 9:45 p.m.
Respectfully Submitted,
Libby Vreonis
City Clerk