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7. Are you currently serving as an appointed or elected member of any local or regional governmental agency that includes any portion of Oakley City limits within its jurisdictional territory?
No
8. Have you previously served on any board or commission for Oakley or any other governmental agency?
No
9. Are you or have you been involved in any local, civic or community groups? No
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Additional relevant comments:
Date: 1/24/23
Please return this application no later than 5:00p.m. on Friday, January 27, 2023, by email to: [email protected] or by mail to:
City of Oakley
Office of the City Clerk
3231 Main Street
Oakley, CA 94561
*All information contained in this application is public data and will be made available for public review and copying for anyone requesting it, and may be posted on the website of the City of Oakley. All information in this application will be provided to the Oakley City Council in a public forum and will be reviewed in public. It will therefore be part of the public record. Although you are not legally required to provide any of the information requested in this application, the information may be used to determine your suitability for appointment to the committee.
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APPLICATION FOR APPOINTMENT BY THE OAKLEY CITY
COUNCIL FOR PLANNING COMMISSIONER*
Please provide a written or typed response for each item below (Either type or clearly print your responses). Please use no more than 200 words per item. Please attach additional pages as needed.
Name: _____________Jimmy Ramirez____________________
Home Address: _____________804 Chianti Way___________________ _________Oakley, California 94561________________
Mailing Address: _______________________________________________ (if different)
_______________________________________________
Home Phone: _______925-783-1889_____________________________ Work Phone: _______________________________________________ E-Mail: [email protected]_______________
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1. Briefly explain your interest in serving on the Planning Commission.
I love Oakley. I was raised in Oakley, California until the age of 17 where I moved to Washington DC to study Government at Georgetown University. Today I am an Oakley homeowner who deeply cares about keeping my community safe for families, children, small businesses, seniors, veterans, and bicyclists. I envision cultivating safety by having more public parks, gardens, lighting, and accessible walkways.
2. Please describe your educational, work and other experience(s) which would make you qualified for the position as Planning Commissioner.
I have worked with state, local, and federal governments. My first job was at the California State Library in Sacramento where I researched the plight of homeless youth across the state of California. In my role as a Communications Associate within the Obama White House it was my role to categorize concerns made by concerns by constituents across the United States. I have practiced how to work with folks of different backgrounds and beliefs. Last year I studied Landscape Architecture and Design at the College of Environmental Design at UC Berkeley.
Through my studies, I learned how to design public amenities and landscapes that are environmentally conscious and serve the public. 205
3. Please describe the professional preparation or expertise that you would bring to this position, if any.
While living in Michigan, I served as the Board Chair of the Detroit Phoenix Center, a drop in center for unhoused youth. In this role, I worked with community members to launch Detroit's emergency overnight homeless shelter for youth. In this leadership role, I learned how to work with community leaders and access funding from various sources.
Professionally, I worked at Google for six and a half years and as an Editorial Fellow with National Public Radio. In these roles, it was my responsibility to steward relationships to reach a shared goal. My professional experience has equipped me with tools to collaborate within a team environment.
4. What do you believe is the most important role of a Planning Commissioner? The most important role of a Planning Commissioner is to consider the safety of the current and future residents of Oakley, California. It is the responsibility of the Planning Commissioner to consider how the zoning and permitting of structures can best serve future residents of Oakley. I take very seriously the opportunity to present recommendations to the elected officials of the City of Oakley.
5. What do you hope to accomplish in your role as a planning commissioner, if selected?
I hope to learn how city leaders interpret the needs of the residents of Oakley. I want to learn how the City of Oakley works with residents, investors, homeowners and partner agencies like Contra Costa County and the East Bay Regional Parks to develop, plan, and maintain world class amenities for the residents of Oakley.
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Finally, I plan to develop a plan for how to make Oakley a bike safe city. I intend for this plan to identify areas of improvement to help make Oakley a more bikeable and walkable city.
6. Having been a resident of Oakley, what do you see as the strengths of the community? Conversely, what are its weaknesses?
Oakley has vision and good vibes, especially on a Friday night. As one of the safest cities in California, the leadership of Oakley has done great work situating public amenities with families in mind. For example, the Oakley Recreation Center is ideally placed for students of O'Hara Park and Freedom High School.
The City of Oakley has the opportunity to work with national non profits to source new funding opportunities for public arts, parks, gardens and library programs.
7. Are you currently serving as an appointed or elected member of any local or regional governmental agency that includes any portion of Oakley City limits within its jurisdictional territory?
I am a member and volunteer with the Friends of the Oakley Library. In 2011, I graduated from Freedom High School as the Student Body President, in this capacity I worked with the Liberty Union School District to serve on hiring committees and plan city-wide, community events.
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8. Have you previously served on any board or commission for Oakley or any other governmental agency?
I served on the Board of the National Network for Youth where it was my primary role to architect policy recommendations for federal legislators.
9. Are you or have you been involved in any local, civic or community groups? I am a Board Member of the Peralta Hacienda Historical Park, a six acre historical park in Oakland, California. I have attended mass and regular programming at St. Anthony’s Church since I was a child. I have been proud to belong to a church that hosts events for people across different age groups, backgrounds, and language abilities.
Additional relevant comments:
As a commissioner, I plan to enter this role with humility, enthusiasm, and a spirit of learning from leaders across Oakley. I hope to contribute with intention, positivity, and a sincere appreciation for the rich diversity in Oakley. Thank you for your consideration and please reach out if you have additional questions.
Date: _____January 27, 2023______
Please return this application no later than 5:00p.m. on Friday, January 27, 2023, by email to: [email protected] or by mail to:
City of Oakley
Office of the City Clerk
3231 Main Street
Oakley, CA 94561
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*All information contained in this application is public data and will be made available for public review and copying for anyone requesting it, and may be posted on the website of the City of Oakley. All information in this application will be provided to the Oakley City Council in a public forum and will be reviewed in public. It will therefore be part of the public record. Although you are not legally required to provide any of the information requested in this application, the information may be used to determine your suitability for appointment to the committee.
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APPLICATION FOR APPOINTMENT BY THE OAKLEY CITY
COUNCIL FOR PLANNING COMMISSIONER*
Please provide a written or typed response for each item below (Either type or clearly print your responses). Please use no more than 200 words per item. Please attach additional pages as needed.
Name: _Mary Zirkle
Home Address: 3107 Frandoras Circle
_______________________________________________
Mailing Address: _______________________________________________ (if different)
_______________________________________________
Home Phone: 925-783-8001
Work Phone: _______________________________________________ E-Mail: [email protected]
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1. Briefly explain your interest in serving on the Planning Commission.
Oakley is my hometown, and I would like to give back to a community that has been so kind to me. As a lifelong resident, I have watched the metamorphosis of Oakley take place. It was incorporated and grew into the fine town that it is today.
Presently, our city has many opportunities and options for future development that could bring more jobs, entertainment, retail stores, and families to our community.
Now that I have retired from the Oakley School District, I have the time and the desire to contribute input to the future growth of our city.
2. Please describe your educational, work and other experience(s) which would make you qualified for the position as Planning Commissioner.
I am a graduate of the City of Oakley Leadership Academy. I studied a 5 year program leading to: A Bachelor of Arts Degree in Liberal & Civic studies and a post graduate school multiple subject teaching credential K-12 at Saint Mary’s College of California. I was a pre-school teacher/director for 5 years, and an elementary school teacher for 31 years. During my years as a teacher, I served as a ROP mentor for Freedom High School students, an OUTA representative, and a new teacher mentor and on many committees.
As a co-owner, with my brother, I manage and maintain commercial properties in the city of Oakley. My husband and I own and operate a small business in Oakley. I believe my work experiences will be beneficial in analyzing future Oakley projects.
3. Please describe the professional preparation or expertise that you would bring to this position, if any.
As a retired educator, I have acquired extensive background and experience developing many skill sets. I have developed good listening skills, to respect other people’s opinions (students, parents, colleagues, superiors, community leaders, and staff), to communicate socially and professionally with others, speaking at public events like awards assemblies, to be a team player, to be fair and open minded, and come to staff meetings, parent conferences, IEP, SST, RTI meetings, and committee meetings organized and well prepared. I believe the above mentioned skill sets will be helpful in working as a team to analyzing future projects.
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4 .What do you believe is the most important role of a Planning Commissioner? I believe the most important role of a planning commissioner is to be unbiased while advocating for the best interests of all community members regarding land use, development policy and projects consistent with the codes and planning goals used by the city government.
5.What do you hope to accomplish in your role as a planning commissioner, if selected?
I will work to assure that the vision expressed in the general plan is one that works to improve the quality of life in our community and attract new businesses and residents while being aware of the long term outcomes.
6.Having been a resident of Oakley, what do you see as the strengths of the community? Conversely, what are its weaknesses?
Oakley is a beautiful community with a small town feel. It is located near the Delta and offers boating, water sports, fishing, hiking and, not to forget the, beautiful surrounding hills and vineyards. Oakley is a safe place to raise a family with a very well run police department. The City of Oakley offers affordable housing, and many services for veteran’s, seniors, animal services and much more.
Our schools are safe and dedicated to our student’s welfare and education and parent concerns. Oakley offers a diverse community of friendly and kind people.
However, Oakley is still a young city, so it would be beneficial to develop more retail stores, restaurants, and even more community events to boost the tax revenue, provide more jobs and expand our community involvement. 212
7. Are you currently serving as an appointed or elected member of any local or regional governmental agency that includes any portion of Oakley City limits within its jurisdictional territory?
No
8. Have you previously served on any board or commission for Oakley or any other governmental agency?
No
9. Are you or have you been involved in any local, civic or community groups? I attend Golden Hill’s Church. I have worked with You, Me, We Oakley and volunteered for several Rotary service projects, other community groups and volunteer work:
GATO/ Give Always to others (10 Years)
East County Focus ( I was a host for non- profit local TV) El Campanil Theater volunteer
Relay for Life/ American Cancer Society
Oakley Almond Festival
YMCA Basketball coach
CYO Basketball - score keeper
East County Little League softball coach
East County Little Leagues (boy’s team- mom and scorekeeper) Cub Scouts and Boy Scouts volunteer
Oakley Elementary School Tiger Theater- volunteer
Oakley Elementary PTA
Oakley OUTA Rep.
Oakley School Almond Festival Parade float planner and coordinator 213
Additional relevant comments:
It would be a pleasure to provide input on Oakley’s future development. I think the challenge is in keeping the small town atmosphere while developing new growth. It will be a balancing act, but I am up for the challenge. Thank you for your time and consideration.
Mary Zirkle
Date: ___01/27/23_________
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Please return this application no later than 5:00p.m. on Friday, January 27, 2023, by email to: [email protected] or by mail to:
City of Oakley
Office of the City Clerk
3231 Main Street
Oakley, CA 94561
*All information contained in this application is public data and will be made available for public review and copying for anyone requesting it, and may be posted on the website of the City of Oakley. All information in this application will be provided to the Oakley City Council in a public forum and will be reviewed in public. It will therefore be part of the public record. Although you are not legally required to provide any of the information requested in this application, the information may be used to determine your suitability for appointment to the committee.
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STAFF REPORT
Approved and Forwarded to the City Council
DATE: February 14, 2023
TO: Joshua McMurray, City Manager
FROM: Derek P. Cole, City Attorney
SUBJECT: Summary of Legislation Concerning Social Media and the Brown Act Background and Introduction
At its regular meeting on January 24, 2023, the City Council directed the City Attorney to provide a description of recent Brown Act legislation concerning the use of social media. This staff report provides the requested summary.
Analysis
In 2020, the Legislature enacted AB 992, which amended the Brown Act to address the permissible use of social media in relation to City Council business. This legislation took effect on January 1, 2021. (The new text this bill added is shown at the end of this Staff Report.)
This legislation builds on the Brown Act’s provisions concerning when a “meeting” of a covered body occurs. Generally, a meeting occurs directly or indirectly. A meeting is direct when a quorum or more of the body is present at the same time in the same place. A meeting is indirect when it occurs through some intermediary, such as a person or through some means of communication (text messages, email, etc.). The latter type of meeting is often referred to as a “serial meeting.” AB 992 works with the concept of serial meetings in defining the circumstances in which the posting, viewing, and responding on social media does not constitute an impermissible meeting. The following are the legislation’s key provisions:
• Applicability. The legislation applies to any “internet-based social media platform.” These are online services that are “open and accessible to the public.” Those are forums, chat rooms, or services in which the public can participate free of charge and without the platform’s approval. Examples of such forums include Facebook, Instagram, Twitter, and LinkedIn. • Posting and Viewing. AB 992 specifies that it is not unlawful for a councilmember to engage in conversations, solicit questions, or provide information on social-media platforms that relate to actual or potential City 216
Council business. The legislation also makes clear that if any other councilmembers view the post—even if a quorum or more do so—the mere act of such viewing does not constitute a prohibited meeting. • Responding. Potential problems arise if another councilmember wishes to respond in some way to another member’s social-media post. AB 992 specifies that a quorum or more shall not “discuss [the post] among themselves.” The Act, in turn, defines such discussions as “communications made, posted, or shared” on the social-media platform, including "reactions" with "digital icons." This includes such actions as sharing, forwarding, or “retweeting” a post; “liking” the post; or affixing an emoji or emoticon to express some reaction.
• “Direct” Responses. Unfortunately, AB 992 creates confusion by also specifying that no member may engage in a “direct” response with another member’s social-media post. It is not clear how a so-called “direct” response differs from the other types of responses—such as liking, forwarding, sharing, or using emojis—the Act mentions. This is significant because no member is allowed to provide any “direct” response with the posting member. There is no quorum threshold, as with the other types of responses.
It may be that the legislature meant for “direct” response to be ones that are not visible on a social media “feed,” such as a “DM” between members or a message through Facebook Messenger. This appears to be a reasonable interpretation, although not one for which I am 100% confident. Given the uncertainty, it may be advisable to treat the “direct” response prohibition as including any response or reaction permitted by the social media platform, even if fully visible on the posting member’s “feed” or page.
Conclusion
The City Attorney will look forward to discussing this legislation and answering questions about it at the February 14, 2023 City Council meeting. 217
RELEVANT BROWN ACT TEXT
(AB 992 additions shown in underlined text)
Government Code Section 54952.2
(a) As used in this chapter, “meeting” means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.
(b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. (2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body. (3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body from engaging in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. (B) For purposes of this paragraph, all of the following definitions shall apply:
(i) “Discuss among themselves” means communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body.
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(ii) “Internet-based social media platform” means an online service that is open and accessible to the public.
(iii) “Open and accessible to the public” means that members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval by the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules.
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