Minutes of the Regular Joint Meeting of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency and Special Meeting of the
Oakley Public Financing Authority held
September 27, 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 and Special Meeting of the Oakley Public Financing Authority Mayor Randy Pope called the meeting to order at 6:30 p.m. in the Oakley City Council Chambers locates at 3231 Main Street, Oakley, California. Vice Mayor Aaron Meadows and Councilmembers Anissa Williams, George Fuller and Sue Higgins were also in attendance.
1.2 Pledge of Allegiance to the Flag
Mayor Pope led the Pledge of Allegiance to the Flag.
1.3 Reading/Presentation of Proclamation 1. Peripheral Artery Disease Month (PAD) (RoseMarie Laguna, Sutter Delta Advanced Wound Care Center Program Director)
Mayor Pope presented the proclamation to RoseMarie Laguna, Sutter Delta Advanced Wound Care Center Program Director. She thanked the Council. 2) PUBLIC COMMENTS
Liz Fuller provided written comment regarding library programming made possible by ARPA funding from the City.
Barbara Bautista requested the Council consider rent stabilization for Oakley to keep residents housed. She shared information regarding significant rent increases since 2019.
City Attorney Derek Cole responded that the City has no input as federal and state law control; however, with exception, Antioch passed a rent stabilization ordinance and it is a completely different undertaking; absent something like that, the City has no control.
Mayor Pope invited her to stay after the meeting to have a more robust discussion. 3) CONSENT CALENDAR
3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency/Public Financing Authority Meeting held September 13, 2022 (Libby Vreonis, City Clerk)
3.2 Approve Minutes from the Special City Council Meeting held August 25, 2022 (Libby Vreonis, City Clerk)
3.3 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)
3.4 Waive the Second Reading and Adopt an Ordinance to Amend Oakley Municipal Code Chapter 4.31 (Water-Efficient Landscape Requirements) to Adopt the State of California’s Model Water Efficient Landscape Ordinance as Amended by Diablo Water District’s Regulation No. 8 which Prohibits New Installation of Non-Functional Turf (Ken Strelo, Planning Manager)
3.5 Adopt a Resolution to authorize execution of the Joint Community Facilities Agreement between the City of Oakley and East Contra Costa County Habitat Conservancy for Community Facilities District No. 2022-1 (HCP/NCCP Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
No public comments were submitted.
It was moved by Vice Mayor Meadows and seconded by Councilmember Higgins to approve the Consent Calendar. Motion was unanimous and so ordered. (5-0) 4) PUBLIC HEARINGS
4.1 AB 1276 Single-Use Foodware Accessories and Condiments - Introduction of an Ordinance Adding Chapter 4.38 (Single-Use Foodware Accessories and Condiments) to the Oakley Municipal Code (Ken Strelo, Planning Manager)
Planning Manager Ken Strelo presented the staff report and PowerPoint presentation.
Councilmember Fuller inquired how disabled individuals that require use of straws can access utensils.
Mr. Strelo explained straws can be given to customers upon request.
Councilmember Fuller inquired if the intent is that they would have those available.
Mr. Strelo confirmed that is correct.
Public Comment
Dan O’Leary inquired if it is required that someone asks for them or if an establishment could offer one.
Mr. Strelo confirmed an establishment could offer one.
Councilmember Williams commented that the ordinance doesn’t restrict the type of straw provided or that it cannot be self-serve, so she feels the ordinance is fine.
It was moved by Councilmember Williams and seconded by Councilmember Higgins to waive the first reading and introduce the ordinance. Motion was unanimous and so ordered. (5-0)
4.2 Golden Oak Subdivision 9580 Tentative Map (TM 02-22) and Variance (VA 01-22) Request to subdivide an approximately 2-acre site into eight (8) single-family residential lots and a variance request on meeting the minimum lot requirements for four (4) of the eight (8) lots (APN: 035-090- 082) (Ariana Ruiz, Planning Technician)
Ken Strelo presented the staff report and PowerPoint presentation.
Councilmember Williams inquired if there is any way for the project to happen without the roads being connected.
Mr. Strelo explained staff may not be able to answer that as staff analyzes the project presented by the applicant.
Councilmember Williams inquired if the streets connecting is what the applicant wanted, not the City.
Mr. Strelo explained the site plan presented is what was originally proposed to the City.
He mentioned Wildcat terminates right now at Fuchsia and West Ruby terminates in a flat manner. He indicated owners haven’t moved forward until now with a subdivision and it makes sense to have streets for connectivity.
Councilmember Higgins inquired why there is no stop sign at Wildcat Way and West Ruby.
Mr. Strelo explained the area would have to undergo a stop sign warrant and if a stop sign is then warranted, the applicant would have to fund it.
Councilmember Higgins commented there was a public comment to change the proposed roadway to a bike path and pedestrian access, but then they wouldn’t have a roadway.
Mr. Strelo mentioned curb gutter and sidewalk will be installed on the north and south side and the roadway would be 36 feet.
Councilmember Higgins commented that Police will use that as an entrance and exit.
Mr. Strelo commented that Police would continue to have use of the gate on West Ruby and if the project is approved, they would have the option to exit out the gate west toward Teakwood.
Councilmember Higgins expressed concern with the number of Police trips that could be made onto Wildcat and Fuchsia.
Mr. Strelo commented Police use of the gate may not be too often as they are usually already out in the field when they get calls, but the opportunity would be there for Police coming and going to/from shifts or for emergency calls. He mentioned on Duarte there is a curve in the road that significantly slows down traffic and this curb would be similar.
Councilmember Higgins commented it could also be like Nascar and some may view the road as fun, not prohibiting.
Vice Mayor Meadows inquired if they could condition the project with a stop sign without doing a study.
Public Works Director/City Engineer Kevin Rohani commented that when adding a stop sign or signal, nationwide, Police cannot enforce someone running the stop sign or signal unless there is a warranted study. He mentioned the warrant would be done and paid for by the developer. He shared staff is involved with traffic issues across town and have implemented traffic calming measures including bulb-outs at the end of Ruby and Fuchsia. He mentioned the length of the street is 100 feet from the end of the Police parking lot to Fuchsia and because of the geometry, this is not designed as a racetrack; Police will deal with people not following the law.
Vice Mayor Meadows inquired how stop signs are placed in major subdivisions without warrant.
Mr. Rohani indicated the developer does the study as part of their project.
Public Comments
Dan O'Leary shared a copy of an alternative proposed plan with the Council that would creating a buffer for residents on Duarte. He commented he believes they can all work together toward a mutually beneficial solution. He mentioned the current 8-lot proposal overpopulates the neighborhood which will result in a decline of quality of life, against Oakley’s vision for a unique and small-town feel. He requested the oak tree be spared and conserved for the habitat and ecosystem. He suggested alternative road devices such as roundabouts, bike paths and pedestrian walkways. He requested the project be postponed proposal until equitable collaboration can be achieved.
The Council requested Mr. O’Leary allow the applicant to see the alternative plan.
Kimberly Brower commented that where Wildcat connects to Gardenia will become a raceway for people to make up time where they had to slow down for the curve. She mentioned the bulb-outs on Duarte are ineffective and don’t work. She mentioned the proposed intersection is in front of her house and she has 2 young children whose safety is of concern. She provided Saturday as an example when Main Street was closed for a festival; she saw dozens of speeding cars on Fuchsia. She mentioned she moved near a lot that she knew would be developed, but she never thought the street would join. She requested the Council consider postponement to allow for collaboration.
Greg and Susan Dahl submitted written comment made part of the meeting record.
Scott Brower shared he works for UPS and sees speeding situations all the time. He mentioned the S-curve is used to mitigate speed, but it really doesn’t; he sees all the time people hit the gas and bulbed curbs are the same. He mentioned the area will be congested as a parking lot for school drop off and pick up; people will still speed otherwise. He shared he saw the streets used as bypasses when Main Street was closed with 30+cars that went by on Fuchsia. He expressed fear that as proposed, they will be in danger of drivers not paying attention and speeding to get time back. He mentioned the court with the walkthrough would allow access to the park and Downtown but restrict access for vehicles.
Doug Fowler requested the Council not move forward with the project as proposed because there are too many houses on a small property and traffic that comes with it.
He commented that by connecting Ruby and Wildcat, it unintentionally creates a bypass from Main Street which will result in increased traffic. He shared they all bought homes on the street for quality of life because the street wouldn’t go through. He mentioned they can take land for the road and allow the developer to reconfigure the plan for pedestrian and bike access without adding cars so that everyone gets something out of it; the neighborhoods maintain their character, the developer gets the lots they want, the people buying the homes are not slighted, and there is access to parks and the school.
Councilmember Higgins inquired if there is enough space to have a roundabout at Wildcat, Fuchsia and West Ruby instead of a bulb out.
Mr. Strelo indicated roundabouts have different requirements and he is having trouble visualizing where it would go but has noted the comment for staff follow up.
Councilmember Fuller expressed concerned regarding the S-curve. He mentioned if someone is going west on Ruby making a turn northeast, it is somewhat blind, then going west to Fuchsia there is not a clear view for a driver what is ahead in the residential zone; there is a blind spot. He shared he went through the same thing in his neighborhood; the street was 60-feet wide until the developer built south, the street opened and became an exit out of the development. He mentioned it was traumatic and there was a safety concern for kids playing in the street and driving in and out of driveways. He suggested staff check in regularly with people and how to mitigate it, especially around the school. He expressed he is bothered by the lack of visibility when making a northeast turn and making another turn into a street blind coming from the east going west on Ruby.
Councilmember Williams inquired if there is any option to consider an alternative site plan such as the one submitted by Mr. O’Leary. She mentioned the roadway is the sticking point, but the number of homes doesn’t seem to be an issue.
The applicant spoke mentioning the road connection was requested by the City for access and the proposed plan may be workable.
Mayor Pope commented that the variances are no problem. He mentioned it meets density for the area and they are not changing the zoning. He expressed concern with traffic as they are not just building 8 houses; it is changing traffic patterns as vehicles use Ruby to Wildcat as a bypass. He mentioned it is probably bigger than they realize in the planning phase. He mentioned if they do something, they need more traffic calming measures as lot 5 will be backing out of the driveway at the S-curve. He commented he likes the bulb outs on the west side and should have them on the east side as well. He inquired if there is pedestrian access west of this property between Wildcat and Main Street.
Someone in the audience commented it is gated off.
Mayor Pope commented he is interested in hearing about the City-initiated street connection. He mentioned he understands the need for emergency vehicle access to go east and west. He inquired if there is a timeline for the stop sign warrant.
Mr. McMurray mentioned staff can initiate it as soon as the street is developed. He shared the items can be addressed through conditions of approval such as traffic calming measures to make the roads safer. He shared when the City acquired the property to create the Police parking lot extension it was always intended for the street connection to Ruby to the west. He indicated it changes the character of the neighborhood some. He expressed he feels the project is safe but can look at the project to make it safer. He indicated the ability for Police to move throughout the City for public safety is important and staff wanted to make sure that connection exists for that reason.
Mayor Pope mentioned regarding the traffic warrant, if it is done too soon after the project, the motoring public may not have yet discovered this path. He suggested to do two studies, one immediately and one in one year, or do one a year post-project.
Councilmember Fuller corrected his previous comment. He mentioned he meant a northwest turn going west. He inquired what staff’s take is on visibility as vehicles move along the streets.
Mr. Strelo commented if there are concerns regarding visibility, they don’t have house layouts or driveway cuts proposed; they can always condition the map that lot 5 must locate the garage or driveway on the west side of the lot to help increase visibility around that turn.
Councilmember Williams expressed she believes it is important for Police to have access to both the east and west. She inquired if the proposed handout map included Police access and viewed the map to confirm.
Vice Mayor Meadows suggested the study for the stop sign be done immediately and if not warranted, again 6 months -1 year later.
Councilmember Higgins commented looking at an alternative is great but then they are forced to say we want Police to have access; it is a lot to ask for a new map to be drawn.
Mayor Pope mentioned they build roads to keep 80-90% of motorists safe, but there is a percentage of drivers that will do stupid stuff so they can be as safe as possible, but they may never be 100% safe; they can mitigate risks but cannot eliminate everything.
He mentioned in looking at the streets, both Ruby side sidewalks turn into grapevines, and it appears very clear with the temporary barrier that the street will be extended; it was not meant to be the end of the line and should have been expected to happen.
Regarding the stop sign warrant, he suggested they look at Wildcat and Fuchsia and West Ruby and Duarte, immediately after completion (before City accept improvements) and 1 year after.
Councilmember Fuller agreed with Mr. Strelo that it would be much easier if there is a condition on lot 5 to place the driveway exit on the west side of the lot to increase visibility. He mentioned the area needs proper signage for vehicles to drive slowly.
Vice Mayor Meadows inquired if there are any other conditions the Council wishes to add. He agreed with both the stop sign warrant and changing the driveway location on lot 5.
Mayor Pope inquired if they could put signage for “local residents only beyond this point” or something similar to discourage vehicles from using it as a bypass from Main Street.
Mr. Strelo indicated traffic calming signage such as a school coming up or slowing for children would be possible; however, he is not sure if the intention is to turn a public road into what may be thought of as a private road; signs need to potentially be regulated and enforced.
Councilmember Fuller commented that if Police can’t enforce a stop sign it is better not to put it up with a false sense of security; he would rather have a stop sign that is warranted. He mentioned if there is no stop sign, he believes all people are responsible to stop before the intersection.
Mayor Pope commented in an uncontrolled intersection, a blind intersection requires drivers to slow down to 15 mph but may not apply to all points of an intersection if there are some stop signs.
Mr. Rohani mentioned the City can have a robust sign package, advisory signs lower speed, and Oakley has its own traffic calming signs for pedestrians and bicyclists. He mentioned they also have enhanced bulb outs and can added enhanced traffic calming measures.
Councilmember Higgins inquired about a tabletop like in Emerson instead of a bulb out.
Mr. Rohani commented that once all is built staff can consider it with traffic calming measures and study.
Mayor Pope asked him to explain what a tabletop looks like.
Mr. Rohani explained as a vehicle approaches an intersection, there are crosswalks, and the asphalt raises about 4 inches above street level into the intersection so if a vehicle runs fast through it, it won’t do it again. The speed intended is 15 mph for both this and speedhumps.
Mayor Pope mentioned there are speedhumps on Fairview in Brentwood and great for slowing vehicles down.
Mr. Rohani mentioned they are located at Emerson Ranch and Delaney Park.
Mayor Pope inquired if the signage would include the school and park.
Mr. Rohani mentioned they will look at the comprehensive sign package; there are two parks and a school.
Mayor Pope commented the exit at the Police lot should have signage for slowing due to emergency access.
Mr. Rohani mentioned on Highway 4 and Empire, just before 7-11, there is a selfstorage driveway; there were issues with cars exiting and they installed signs that cars are exiting the driveway so they can incorporate similar signs at the Police gate.
Mr. Strelo commented that staff would be happy to summarize the conditions expressed.
Councilmember Fuller commented he heard they could take it back and redesign. He inquired if that is a better alternative than placing conditions. He shared he wants conditions but is leaning toward sending it back and including conditions, so everyone has a clear view of what they are doing.
It was moved by Councilmember Fuller and seconded by Councilmember Williams to continue the item until the plan is updated. Motion was unanimous and so ordered. (5-0) Mayor Pope indicated he would like the things talked about included ahead of time.
Mayor Pope called for a brief recess at 7:55 p.m. The City Council reconvened at 8:02pm.
4.3 Approve the Formation of the City of Oakley Community Facilities District No. 2022-1 (HCP/NCCP Services), hold a Public Hearing and Special Landowner Election, Declare the Results of the Election and Introduce an Ordinance to Levy a Special Tax for Community Facilities District No. 2022- 1 (HCP/NCCP Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Mayor Pope announced this is the time and place for the public hearing. He called for any written protests then opened the public hearing.
Public Works Director/City Engineer Kevin Rohani presented the staff report.
Mayor Pope asked for comments, questions, and protests from the audience. Being none, he closed the public hearing. He mentioned the Council will consider the resolutions. He asked the City Clerk to announce the result of the property owner vote.
City Clerk Libby Vreonis announced ACD-TI Oakley LLC is in favor of the levy of the special taxes and the establishment of the appropriations limit.
Mayor Pope announced that at least 2/3 of the property owners’ votes are in favor of the levy of the special taxes and the establishment of the appropriations limit. He mentioned the Council will proceed with considering the resolution to direct the City Clerk to record the special tax lien and introduction of the ordinance levying the special taxes in the district to be considered for adoption on October 11, 2022.
It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to adopt the resolution and waive the first reading and introduce the ordinance. Motion was unanimous and so ordered. (5-0)
5) REGULAR CALENDAR
5.1 Adopting a Resolution Amending the Fiscal Year 2022/2023 Budget and Authorizing the City Manager to Execute the Contract for the Preparation of an Economic Development Work Plan Update (Harumi Murata, Economic Development Analyst)
City Manager Joshua McMurray presented the staff report.
Councilmember Williams inquired what the timeline is to see results from this.
Mr. McMurray responded that it is a 5–6-month proposal and a lot of work will occur in the early stages to present something meaningful to the Council.
Councilmember Fuller mentioned they can realign assets to the greatest economic growth and he would like to go along with the program.
No public comments were submitted.
It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to adopt the resolution. Motion was unanimous and so ordered. (5-0)
5.2 Authorize for the City Manager to Execute a Purchase and Sale Agreement with Roy and Erica Pantle for the sale of real property located at 3980 Empire Avenue (APN: 034-010-033) (Joshua McMurray, City Manager) City Manager Joshua McMurray presented the staff report and PowerPoint presentation.
Vice Mayor Meadows inquired if the item requires two motions or one.
City Attorney Derek Cole advised that because the Council is acting as two separate agencies with the Successor Agency, two motions are preferred.
No public comments were submitted.
It was moved by Vice Mayor Meadows and seconded by Councilmember Williams to adopt a resolution on behalf of the City Council. Motion was unanimous and so ordered. (5-0)
It was moved by Vice Mayor Meadows and seconded by Councilmember Williams to adopt a resolution on behalf of the Successor Agency. Motion was unanimous and so ordered. (5-0)
5.3 Waive the First Reading and Introduce an Ordinance Amending Sections
2.9.002 through 2.9.010 of the City of Oakley Conflict of Interest Code to Adopt and Incorporate by Reference the Terms of 2 California Code of Regulations Section 18730 and Any Amendments to it Duly Adopted by the Fair Political Practices Commission (FPPC), and Repeal Sections 2.9.012 through 2.9.020 of the Oakley Municipal Code, and Adopt a Resolution Providing Disclosure Categories and updating Designated Positions, to become the “Appendix” of the City of Oakley Conflict of Interest Code (Libby Vreonis, City Clerk and Kim Snodgrass, Deputy City Clerk) City Clerk Libby Vreonis presented the staff report.
No public comments were submitted.
Councilmember Fuller inquired if the Planning Commission is included.
Mrs. Vreonis responded that the Planning Commission and other select positions are included in Government Code Section 87200 which is incorporated into the ordinance.
It was moved by Councilmember Higgins and seconded by Councilmember Fuller to waive the first reading and introduce the ordinance and adopt the resolution. Motion was unanimous and so ordered. (5-0)
5.4 Adopt a Resolution declaring one property as “Surplus” and direct Staff to provide the notices required by AB 1255 and AB 1486 (Joshua McMurray, City Manager)
City Manager Joshua McMurray presented the staff report.
No public comments were submitted.
It was moved by Councilmember Williams and seconded by Vice Mayor Meadows to adopt the resolution. Motion was unanimous and so ordered. (5-0) 6) REPORTS
6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray shared that the City will have events next month to celebrate Oaktober (they are branding). He reported he attended a joint meeting between the Oakley City Council, Diablo Water District and Ironhouse Sanitary District yesterday to discuss the Delta Conveyance Project. He announced a Movie in the Park will be held October 1 and the last Friday Night Bites and concert series for the year will be held October 7.
(b) Policy Regarding Future Agenda Requests
Mr. McMurray mentioned a policy regarding future agenda requests has been requested. He shared the current informal policy requires when a Councilmember wants to bring an item forth to the Council to obtain a second approval for the item to move forward for staff to research, prepare and bring back to the Council for consideration. He mentioned it takes time and resources to bring every item forward so the policy provides more validity to spend the time to bring items forth. He mentioned should a written policy be desired; staff can move forward with a draft policy and resolution to bring forth to the Council and in the meanwhile, continue with the informal policy of having approval from two Councilmembers to research items and bring them forth. He requested Council feedback.
Councilmember Fuller mentioned the Brown Act gives the City Manager leeway to talk with City Councilmembers and let them know if an idea is taking or not. He mentioned requiring two Councilmembers to approve negates their ability to put an agenda item together, although he understands time spent if only one Councilmember is requesting an item; therefore he encourage the City Manager using his leeway.
Councilmember Higgins commented she likes having support of another member or it dies right there.
Vice Mayor Meadows commented if there are two people there is more validity instead of staff wasting time. He expressed he understands what Councilmember Fuller is saying and doesn’t mind the City Manager talking to the Council, but there should be a written policy for support of at least two Councilmembers.
Councilmember Williams expressed she likes that the request comes straight from the person’s mouth. She explained when it comes from 1-1 meetings, other Councilmembers may not understand why it is important to that Councilmember; it can be lost in translation. She mentioned she has always understood future agenda items to require first and second approval and she feels like it works okay.
Mayor Pope commented that the policy could prevent one Councilmember from being an activist on everything and staff spending time researching everything to bring back to the Council for consideration that may not be successful; with at least two Councilmembers supporting items, it gives some consensus on Council and the item has a better chance of being successful. He expressed the discussion needs to be public to hear arguments for and against. He mentioned he doesn’t like the idea of using the City Manager; it is unfair to the City Manager and looks like a backroom deal that could provide the appearance of a Brown Act violation. He shared the consensus is to bring a policy back for consideration.
(c) Policy Regarding Ad Hoc Committees
City Attorney Derek Cole reported on the subcommittee process for the City Manager’s review. He mentioned years ago a resolution was adopted for a one-year term and was then followed by practice with more recently the City Attorney taking the lead and having a subcommittee review. He mentioned with consensus and direction from the Council, he can prepare a staff report as a regular agenda item and bring forth to the Council to discuss.
Councilmember Fuller requested the item be brought forth. He mentioned the subcommittee has substance, but parameters and boundaries need to be set, and the City should codify how it selects the committee.
The remainder of the Council agreed with bringing an item forth.
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 attended the Heart of Oakley Festival and yesterday a landmark decision was made during a joint meeting between the Oakley City Council (Vice Mayor Meadows and Councilmembers Fuller and Higgins attended), Diablo Water District and Ironhouse Sanitary District to pass a resolution to stop the Delta Tunnel/Delta Conveyance Project.
Councilmember Higgins commented the Heart of Oakley Festival was awesome. She announced the 6
th Out of the Darkness Walk Saturday at Cypress Grove Park beginning at 9am. She mentioned they will be presenting ceremonial beads. She shared four of her family members have taken their lives which is symbolized by purple beads which she will be speaking about.
Councilmember Williams reported she attended the Park and Ride opening and ribbon cutting ceremony for Tri-Delta; its next Board meeting will be held tomorrow. She commented that the Heart of Oakley Festival was amazing, and she appreciates the work put into it and it sets our community apart.
Vice Mayor Meadows commented that the joint meeting held last night was very informative. He thanked Diablo Water District for suggesting it. He also commented that the Heart of Oakley Festival was a fantastic event.
Mayor Pope commented that the joint meeting was unprecedented, and he hopes the relationships and partnerships will go beyond this conveyance. (b) Requests for Future Agendas
Mayor Pope mentioned the Habitat Conservancy is inquiring who the new appointee will be for its December 19 meeting. He inquired if the 2023 appointment list can be brought forth December 13 for discussion by the Council.
City Clerk Libby Vreonis confirmed staff can bring forth the list December 13 to the Council.
Councilmember Fuller requested the following items:
1. Advance notice of pending CUPs to the Council and public. He mentioned if they are not calling it for consideration by the Council, they are acquiescing to it being heard by the Planning Commission. Mr. McMurray mentioned staff can advertise more through social media every few weeks, links to the Council on a weekly basis, and when staff anticipates projects to be heard. Councilmember Williams supported it. Mayor Pope cautioned of timing of notice as to not tilt the scale regarding a project.
2. Nonprofits applying for temporary permits-advertise and create a standard for issuing a permit and for reporting. There was no support for it.
3. Public comments to address non-agenda items, but not personnel items as it can threaten property rights, it creates acts of violence, and creates a hostile work environment for staff. He suggested a vehicle tag that staff delivers dedicated service or staff are dedicated civil servants. Vice Mayor Meadows indicated he supports First Amendment rights; however, he had issue with the threats made during the last Council meeting that were beyond reasonable. Mayor Pope commented he can take a more proactive stance for people to address the Council, not staff, at the podium. He mentioned the Council tells staff what to do and so people should be upset with them, not staff. He also mentioned he believes it will be a treacherous path to limiting free speech; however, laws already exist regarding threats against public officials. He inquired if they can have language that addresses that.
City Attorney Derek Cole commented at least 2 members would like analysis and he will provide a report; if appropriate changes can be made respecting both the Brown Act and First Amendment, the Council can provide direction and he can bring it back.
Councilmember Higgins inquired if there is a process or policy who gets to have business at events. She mentioned licensed Oakley businesspeople are saying they couldn’t get a spot at events. Councilmember Fuller supported looking at a process or policy. Mayor Pope mentioned he is curious what the current policy is. 7) WORK SESSION
None.
8) CLOSED SESSIONS
Mayor Pope announced the closed session.
8.1 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATIONSIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(d)(2). One potential case. 9) ADJOURN
There being no further business, the meeting was adjourned at 9:40 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk