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 14, 2023
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 Aaron Meadows called the meeting to order at 6:30 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Mayor Anissa Williams and Councilmembers George Fuller, Hugh Henderson and Shannon Shaw were also present.
1.2 Pledge of Allegiance to the Flag (Oakley Elementary School Students, Cruz Perez, 5th Grade and Joseph Gomes 4th Grade)
Oakley Elementary Students Cruz Perez and Joseph Gomes led the Pledge of Allegiance to the Flag.
1.3 Presentation of Proclamations Declaring February as Black History Month (Assemblywoman Lori Wilson and Freedom High School Black Student Union)
Mayor Meadows presented the proclamation to the Freedom High School Black Student Union.
The Black Student Union shared comments regarding the importance of recognizing Black History Month.
A video was shared from Tiffanee Jones, District Director for Assemblywoman Lori D. Wilson.
Michael Dupray provided public comment calling for action, not just words, toward complete equity. His full comments were provided online in writing and are made part of the meeting record.
Trecinna Lankford-Abundis provided public comment. She indicated she works with youth and encourages the school district teaching black history year-round to educate youth early to reduce and eliminate racism and terrorism against people of color and to be more compassionate with others.
Katrina Mbonisi provided public comment. She shared her late husband was an advocate, teacher and mentor for African American youth and helped people in prison as an advocate for re-entry programs (jobs, housing, education). She supported the City recognizing Black History Month.
Dr. Lamont Francies provided public comment. He read works of Frederick Douglass and mentioned we systematize the seeds we sow. He mentioned Black History Month is a reminder of how far African Americans have come nationally but how far they have yet to come locally. He mentioned representation is lacking and outreach is minimal. He requested the City of Oakley financially support cultural events and celebrate contributions of African Americans.
Willie Mims provided public comment. He spoke about the first emancipation in Washington D.C., that Abraham Lincoln did not emancipate African Americans, and he wanted to express the true history of African Americans. 2) PUBLIC COMMENTS
None.
3) CONSENT CALENDAR
3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting Held January 10, 2023 (Libby Vreonis, City Clerk)
3.2 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency and Special Public Financing Authority Meeting Held January 24, 2023 (Libby Vreonis, City Clerk)
3.3 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)
3.4 Acceptance of Subdivision Improvements Associated with Shiloh Subdivision 8975 located near the southwest corner of Main Street and Simoni Ranch Road and beginning the one-year warranty period (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.5 City of Oakley Investment Report (2nd Quarter FY 2022/2023) (Tim Przybyla, Finance Director)
3.6 City of Oakley as Successor Agency to the Oakley Redevelopment Agency Quarterly Investment Report (2nd Quarter FY 2022/23) (Tim Przybyla, Finance Director)
3.7 Consideration of a Resolution Approving the Proposal from Bellecci and Associates, Inc., and Authorizing the City Manager to Execute Amendment Number 1 to the Consulting Services Agreement with Bellecci and Associates, Inc. for Construction Support Services related to the East Cypress Road Widening Project (Knightsen Avenue to Jersey Island Road) Project – Capital Improvement Project 247 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.8 Approving the Agreement with Oakley Hills, LLC for “Stormwater Management Facility Operations and Maintenance Agreement and Right of Entry” for the DR 05-21 Wendy’s Restaurant project located on the north side of Main Street approximately 295 feet east of Bridgehead Road and authorizing the City Manager to execute the agreement (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.9 Consideration of a Resolution Establishing the Rate per Equivalent Runoff Unit for Fiscal Year (FY) 2023/24 and Requesting the Contra Costa County Flood Control and Water Conservation District to Adopt an Annual Parcel Assessment for Drainage Maintenance and the National Pollutant Discharge Elimination System Program (Kevin Rohani, P.E., Public Works Director/City Engineer)
There were no public comments.
Councilmember Fuller requested item 3.1 be pulled.
It was moved by Councilmember Shaw and seconded by Vice Mayor Williams to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0)
Item 3.1
Councilmember Fuller asked to have the following included for the January 10, 2023 minutes for item 7.1:
Councilmember Shaw asked Zachary Wright who was seated in the audience whether he could expand the same probability of larger lots versus smaller lots and Mr. Zachary Wright who was representing Seeno Builders said “No, that was not possible, they were in the position of selling houses and people did not buy houses based on land available also.”
Mayor Meadows requested clarification if he wants to change the language.
Councilmember Fuller clarified he would like the language added at the end.
Councilmember Shaw expressed she did not recall asking that question.
Mayor Meadows inquired if he wants the City Clerk to review the video and bring back the minutes.
City Manager Joshua McMurray indicated the City Clerk could bring it back at the next meeting.
4) PUBLIC HEARINGS
None.
5) REGULAR CALENDAR
5.1 Adopt a Resolution Amending the 2022-2023 Salary Schedule to include the addition and replacement of specific job classifications (Jeri Tejeda, Human Resources Director)
Human Resources Director Jeri Tejeda presented the staff report.
Vice Mayor Williams requested more detail regarding the flexibility for Planning.
Mrs. Tejeda explained the Assistant Planner position would come in at a lower hourly rate and would not have as many technical skills as they hope for with an Associate Planner which has a higher-level skill set; they want to provide flexibility to recruit an Associate Planner or an Assistant Planner that can build skills.
There were no public comments.
It was moved by Councilmember Fuller and seconded by Councilmember Henderson to adopt the resolution. Motion was unanimous and so ordered. (5-0)
5.2 Introduce an Ordinance Adding Section 2.1.003 to and Amending Section
2.1.005 of the Oakley Municipal Code Concerning the Annual Selection of Mayor and Vice Mayor Following the Implementation of By-District Elections (Derek Cole, City Attorney)
City Attorney Derek Cole presented the staff report.
Vice Mayor Williams inquired about having an elected Mayor.
Mr. Cole explained it is possible but would have to go to the voters.
Mayor Meadows suggested the ordinance language reflect 360 days rather than 365 days to ensure that a Councilmember does not fall short of service to qualify for the seat of Mayor or Vice Mayor.
Councilmember Fuller suggested the language not be specific to days but rather reflect the calendar year rotation.
Vice Mayor Williams suggested it be shortened further to 345 days.
There were no public comments.
It was moved by Vice Mayor Williams and seconded by Councilmember Shaw to waive the first reading and introduce the ordinance as amended to reflect 345 days. AYES: Henderson, Meadows, Shaw, Williams. NOES: Fuller. (4-1)
5.3 Interview Planning Commission Applicants and Appoint Two Members to the Planning Commission (Brent Smith, Community Development Director) Community Development Director Brent Smith presented the staff report.
Mayor Meadows suggested two Commissioners hold two-year terms and Commissioner Leonard Price hold a four-year term. He mentioned he reached out to Commissioner Price before proposing this to confirm he is willing to serve a four-year term.
City Attorney Derek Cole mentioned it is not agendized, therefore staff can bring back an item on the Consent Calendar on February 28 to change the terms.
Councilmember Fuller suggested an opportunity be provided to anyone wishing to withdrawal their application at this time if the discussed terms do not meet their expectation.
Candidates were escorted to a conference room across from the City Council Chambers and brought into the Chambers individually to interview. The City Council interviewed each candidate using uniform questions and forced ranking sheets. The Council took a brief recess to allow staff to tabulate results. The Council reconvened.
Mr. Smith announced Jeanne Krieg and Jimmy Ramirez were the top candidates selected for the Planning Commission.
Mr. Cole suggested approving the resolution as presented to appoint the top candidates and staff will bring back a resolution on February 28 to revise the terms.
There were no public comments.
It was moved by Vice Mayor Williams and seconded by Councilmember Shaw to adopt the resolution appointing Jeanne Krieg and Jimmy Ramirez to the Planning Commission. Motion was unanimous and so ordered. (5-0)
6) REPORTS
6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray announced the semi-annual Oakley newsletter will go out in the next couple of weeks, Friday Night Bites continues the first Friday of each month and Concerts in the Park will be added into that event MayOctober, Science Week is April 1-7, Taste of Oakley will be held at the Oakley Recreation Center on May 13, and the Youth Employment Workshop will be held March 11. He mentioned in response to the Council’s request to do more for small businesses and non-profits, staff will hold three free small business workshops (February 23, March 23, April 27) and staff is working on scheduling an event for non-profits. He mentioned the next Entrepreneur Workshop will be held February 17; the workshops are held the third Friday of each month and are free and registration is available through Los Medanos College. (b) City Attorney-Summary of Legislation Concerning Social Media and the Brown Act
City Attorney Derek Cole explained that any Councilmember can post on social media (i.e., Facebook, LinkedIn, Instagram, Twitter, etc.) platforms and other Councilmembers reading the post does not create a serial meeting. He mentioned a traditional serial meeting occurs where three or more Councilmembers deliberate and share their positions intentionally or unintentionally. He explained that the legislation provides that a quorum or more of the Council cannot engage with another Councilmember’s post and also mentions, “No member may directly respond to another member.” He mentioned it doesn’t specify what “directly respond” means, but he believes it is referring to direct/private messaging. He shared he advises in trainings that is someone posts, don’t respond at all to avoid any concern because it is a grey area.
Councilmember Fuller inquired if Mr. Cole indicated that they should not respond at all.
Mr. Cole explained if there is a post and only one Councilmember responds rather than a quorum or more, he thinks they are okay. He shared he believes the legislature is saying they can’t direct message each other but he cannot rule out with 100% certainty the other interpretation.
Councilmember Shaw shared she wants to be cautious of not crossing the line so that is why she brought it up. She mentioned it is great that they all post to social media so long as they don’t respond to one another’s posts.
Mr. Cole shared the same concern and mentioned all should be cautious about not creating a record of prejudgment. He explained there is a difference between discussion of legislation and quasi-judicial decisions.
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 Into Your Future breakfast at Liberty Union High School District Friday morning, a mentor program to support blacks to move into college and overcome systemic discrimination. He mentioned Freedom High School is starting the program and will have a mentor available Monday through Thursday.
Vice Mayor Williams reported she attended the Tri-Delta Transit meeting and there is a bus feeder agreement with BART meaning BART provides Tri-Delta with funds to run its buses to/from BART and this year BART only provided half the funding so they are working toward trying to get the remaining funding. She also shared there is a Tri-Delta mobility app that will soon integrate with Tri MyRide, an on-demand shuttle service now available in Oakley, which is expanding into weekends and holidays. She mentioned Tri-Delta received its independent auditor report and financials are fine. She shared that there is an emergency operation bus available that provides a full-service office to Tri-Delta and cities if needed.
Councilmember Henderson reported he attended the Diablo Water District meeting January 25.
Mayor Meadows reported he attended TRANSPLAN/HWY 4 Bypass Authority/ECCRFA meetings last Thursday. He mentioned ECCRFA approved reimbursement to a developer for part of an extension to Sand Creek Road and a meeting will be held to move it ahead of James Donlon Boulevard. He announced tomorrow night he will attend CCTA.
(b) Requests for Future Agendas
Vice Mayor Williams requested discussion on one-time allocation of ARPA funds to assist the Oakley Seniors. Discussion was supported by Councilmember Shaw.
Mr. McMurray indicated staff had met with the Seniors to discuss possible revenue-generating options including sub-leasing space and connecting with community partners. He mentioned staff can bring back an item during the next meeting for discussion of one-time ARPA funding.
Councilmember Fuller requested Resolution 10-10 be reviewed to include: 1) City Councilmembers can communicate their own beliefs but cannot say they are communicating on behalf of the City Council until official action is taken by the Council, and 2) If a Councilmember is reporting on a meeting, the Councilmember must preface it with it is the Councilmember’s opinion and the official record is the meeting minutes that have yet to be approved or have been approved and are available. Discussion was supported by Councilmember Shaw.
Councilmember Fuller also requested a work session to discuss expansion of Creekside Park to serve the community that has been marginalized as the City has grown. Mayor Meadows supported the discussion if not immediate and can be done at staff’s discretion.
Councilmember Fuller also requested items involving the sale, manufacturing and distribution of marijuana go directly to the City Council, not to the Planning Commission. The request did not receive support.
7) WORK SESSIONS
None.
8) CLOSED SESSION
Mayor Meadows announced the closed session items.
8.1 CITY ATTORNEY PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
8.2 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
City of Oakley v. Scelsi, Contra Costa Sup. Ct. Case No. MSN16-20 Joseph Searle et al. v. City of Oakley et al., Contra Costa Sup. Ct. Case No.
MSC 21-01000
Schaefer v. BNSF Railway Company, et al., Contra Costa Sup. Ct. Case Nos. C22-01552 and C22-01555
8.3 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (One potential case)
9) ADJOURN
There being no further business, the meeting was adjourned at 9:53 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk