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 April 9, 2024
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 Anissa Williams called the meeting to order at 6:30 p.m. Vice Mayor Shannon Shaw and Councilmembers Hugh Henderson and Aaron Meadows were in attendance.
Councilmember Dr. George Fuller joined via teleconference.
Mayor Williams announced that Dr. Fuller was joining from the Hilton Garden Inn Philadelphia Center City Room 973, 1100 Arch Street, Philadelphia, PA 19107.
1.2 Pledge of Allegiance to the Flag (Daniel Adair, Delta Vista Middle School Student)
Daniel Adair led the Pledge of Allegiance to the Flag.
1.3 Proclamation Recognizing April 7-13, 2024, as National Library Week and Update from Oakley Library Manager Lisa Cano-Loomis
Mayor Williams presented the proclamation to Oakley Library Manager Lisa CanoLoomis. Ms. Cano-Loomis provided a PowerPoint presentation regarding the library including National Library Week, circulation, e-book checkouts, library visits, most popular books in 2023, Rolling Reader, CareersOnline High School, Library Foundation of Contra Costa, Bookmark Art contest winners, STEAMUp Spring Break, Sterling the Bubblesmith, Rockets Away, sensory playtime/neurodiversity, and how a larger library would provide welcoming and safe community space, space for children, space for teens, meeting rooms, study rooms, Friends of the Oakley Library space, and endless possibilities.
Councilmember Meadows inquired what is located on the wall in slide 14.
Ms. Cano-Loomis mentioned she believes it is the donor wall at the Pleasant Hill Library.
Councilmember Meadows mentioned he pointed out the wall because that is what it will take to have a new Oakley Library.
Dr. Fuller thanked her for her presentation and mentioned he looks forward to working with her. He mentioned he likes the diagram of the proposed Library on the City’s webpage; it is something they can begin envisioning.
2) PUBLIC COMMENTS
Mayor Williams mentioned there was one online public comment submitted and it will be made part of the meeting record. The comment was submitted by Julie P. She inquired what could be done regarding homeless tents off Laurel and the freeway.
Dr. Richard Brophy shared that he has been a resident since 1992, and last month, he provided irrefutable evidence of the unconscionable burden brought on our country by illegal immigration. He mentioned the statistics are not of a political affiliation; they are from the federal government. He also mentioned that illegal aliens are drawn to sanctuary cities, are allowed to place an unconscionable burden on taxpayers, and are committing crimes at a disproportionate percentage related to the population. He mentioned if you turn on the television, you’ll see an attack on a citizen or even a law enforcement officer because they have no regard for our laws, not all of them, but enough of them where we need to be concerned. He mentioned that today, 125,000 illegals were transported to San Diego. He shared that he was once a trustee for a church, and he always inquired how they are going to pay for it, and here they are not; they are going to have to raise taxes in an already highly taxed state. He requested until they can remove, via the ballot box, those who have a cavalier approach to enforcing our laws, we’re basically on our own. He mentioned Oakley is not a sanctuary city and he is requesting the City Council make a public proclamation reaffirming that it is not a sanctuary city and immediately amend the City’s website homepage to show that it is not a sanctuary city; it is a city that obeys the law. He provided data for the Council and the oath of office and asked the Council to review the oath and make a public vote on the issue so they can see who takes the oath seriously.
Bud Chaddock mentioned it is now spring and, in the fall, the salmon will spawn again.
He shared that by his calculations, he estimates at least 1,000 salmon were poached from the creek this past year, indicating that he is walking the area to see it. He mentioned it is very serious, as there is not going to be a commercial sport season once again, and there are a lot of people affected by it. He thanked Mayor Williams for reaching out to him, looking up data and doing footwork, as it is more serious than people realize and it is allowing extinction to happen, but there have been a few people getting together on it. He mentioned that Dr. Fuller made comments on it earlier and Mayor Williams has done homework on it that justifies doing something more than they are doing; indicating not one citation has been issued. He mentioned since all the beautiful work has been done in the creek to connect with the Delta again to allow for proper spawning again; to let it go for not is not the right direction to go in. He shared that September/October/November will be paramount in patrolling it and fines should be handed out, for possession alone, especially because people are out of work because of it and are losing their businesses and boats from it, people that make good money from it and do it right, in a lawful way.
3) COUNCILMEMBER COMMENTS
Councilmember Meadows asked Mr. Chaddock to follow up with him where Fish & Game is in this matter.
Dr. Fuller commented on the public comment submitted reporting the encampment on the Laurel overpass. He shared that he recently asked City Manager Joshua McMurray about it, and Mr. McMurray reminded him it is the City of Antioch’s area and their responsibility. He shared that he is presenting at the AERA (American Education Research Association) conference, and the City of Pittsburgh has a reputation as the most accessible city for disabled persons with the City of Philadelphia right behind them. He mentioned in being a disabled person, they are very welcoming and accessible.
Mayor Williams commented that recently Governor Newsom reported on the record level snowpack; however, that water is still a huge issue for California. She mentioned he has released many articles on the topic and has indicated in them that he vows to bring back the Delta Conveyance Project in his Water Plan. 4) CONSENT CALENDAR
4.1 Approve Minutes of the Special Meeting of the Oakley City Council held February 24, 2024 (Libby Vreonis, City Clerk)
Mayor Williams mentioned that staff has requested to pull item 4.4. She inquired if there is a date certain to which it is being continued.
City Attorney Derek Cole mentioned they hope to bring it back at the next meeting.
Item 4.1 was pulled by Vice Mayor Shaw.
Item 4.2 was pulled by Dr. Fuller.
Item 4.6 was pulled by Mayor Williams.
It was moved by Councilmember Meadows and seconded by Councilmember Henderson to approve the remainder of the Consent Calendar. The City Clerk conducted a roll call vote. Motion was unanimous and so ordered. (5-0) Item 4.1
Vice Mayor Shaw commented that she reviewed the proposed changes and went back to watch the video where some of the changes were suggested, and she is noticing that some of the proposed changes are beyond what was said at the last meeting. She mentioned that she has no problem changing the spelling of David Wall's last name to Wahl. She added that she believes the minutes were as detailed as they could have been and one of the comments made during the last meeting was, “I meant to say”, which she believes is a slippery slope to do down because they all get up there and say things, and what they meant to say maybe didn’t come out that way, and if they keep going back to what was meant to be said or what they were referencing, it is a problem for her, and they talked about changing minutes before, and she is not supporting any other changes.
Mayor Williams inquired if they could move this item to keep the original minutes without other changes except for the correct spelling of David Wahl’s last name.
Ms. Vreonis responded that she believes the Council could do that, rejecting all other changes other than David Wahl.
Dr. Fuller asked for it to be explained.
City Attorney Derek Cole mentioned their options would be if it is the pleasure of the Council to approve the minutes with the amendments shown in red, the motion would be to move the minutes as amended; if it is the Council’s pleasure to approve the minutes as previously presented at the last meeting, the motion would be to approve the minutes without the changes shown in red; a third option is if there is a change the Council accepts, which is the gentleman’s name, the Council can make a motion to approve the minutes as originally drafted without the changes, except for the gentleman’s name.
Dr. Fuller commented that he believes the minutes should be detailed and correct. He shared that that he was asked to put his words in writing which he did, and no one asked for word for word verbatim. He mentioned it is a good summary and is accurate; to not include it would be a disservice to the community; they rely on the minutes; and when they need corrections, they need to be corrected. He mentioned he has seen it go on for 2-3 meetings now and he has seen where it has been said that he didn’t do it right so we won’t vote on it now and we won’t go back and change the minutes because whatever they say the first time is good enough and he would oppose any of that.
Dr. Fuller moved to approve the minutes as amended. The motion died for lack of second.
It was moved by Vice Mayor Shaw and seconded by Mayor Williams to approve the original minutes except for amending David Wall to reflect David Wahl.
The City Clerk conducted a roll call vote. The item was approved. AYES: Henderson, Meadows, Shaw, Williams. NOES: Fuller (with the caveat that the proposed amendments be attached to these minutes). (4-1)
Item 4.2
Dr. Fuller mentioned that the “Randall-Bold Water Treatment Plant” should replace “Ironhouse Sanitary District” on page 3 of the minutes where he provided Councilmember comments. He moved to approve the item with this amendment.
Councilmember Meadows commented that the Council had a joint meeting with Ironhouse Sanitary District and Diablo Water District at Big Break Regional Park. He mentioned Randall-Bold is the water treatment plant off Neroly.
Mayor Williams mentioned she believes Randall-Bold was brought up during Council reports as part of what happened at the Diablo Water District meeting, but she does not see it here.
Dr. Fuller’s motion died for lack of a second.
It was moved by Councilmember Meadows and seconded by Vice Mayor Shaw to approve the minute as presented. The City Clerk conducted a roll call vote. AYES:
Henderson, Meadows, Shaw, Williams. NOES: Fuller. The item was approved. (4-1) Item 4.6
Mayor Williams mentioned she pulled the item so the public can hear all the projects and the report in case they are not able to look through the agenda packet. She asked if staff could provide an overview of all the great work happening and that still to come.
Public Works Director/City Engineer Kevin Rohani provided highlights of his report, including feature projects at East Cypress Road and Laurel Road. He mentioned he will have a report on Laurel Road later on the agenda. He mentioned that construction for the East Cypress Road project will occur in the next 2-3 years from Knightsen Avenue in an eastward direction to Bethel Island Road and will include 4 lanes, a median, sidewalks, curb, gutter, underground drainage systems, and traffic signals. He mentioned parts of it have already been designed, awarded, contracted and other parts are under design. He mentioned the other important project is Laurel Road near the O’Hara Avenue intersection. He explained they have been working for several years to obtain the right-of-way and it is now under design. He mentioned it involves moving big WAPA utility poles which WAPA will be relocating over the next 2-3 months, and he will present a contract for construction in July which he hopes, if approved, they may begin construction in August. He explained that the construction will complete the road from O’Hara Avenue to Cloverbrook Avenue and also O’Hara Avenue from Laurel Road south to the end of the Del Barba vineyard. He added that the benefit and timing of the project is important as the Safeway shopping center project and this project will complement each other. He mentioned the Safeway project will start its offsite work by August/September so by end of summer next year, the offsite work on Laurel Road and O’Hara Avenue will include a traffic signal and there will be major improvement. He mentioned just as important as these projects, it is also important for the City to replace and repair damaged concrete and the City offers a cost-share program to share the cost with property owners. He mentioned that project is under construction now and staff will bring an acceptance report to the Council in May. He mentioned other small projects that are just as important such as the traffic calming project, continuing traffic signal modernization, and an award for the Enrico Cinquini Park.
It was moved by Mayor Williams and seconded by Vice Mayor Shaw to accept the report. The City Clerk conducted a roll call vote. Motion was unanimous and so ordered. (5-0)
4.2 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 March 26, 2024 (Libby Vreonis, City Clerk)
4.3 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)
4.4 Adopt a Resolution Accepting a Grant Deed Conveying to the City of Oakley Certain Real Property Interests (portions of APN 034-090-022, located at Laurel Road and O’Hara Avenue) (Derek Cole, City Attorney)
4.5 Adopt a Resolution Accepting as complete the work associated with Capital Improvement Project Number 249-Recreation Center Emergency Generator Project (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.6 Accept the Fiscal Year (FY) 2023/24 Third Quarter Report on the Capital Improvement Program (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.7 Adopt a Resolution Authorizing the City Manager to execute a Consulting Services Agreement with Francisco & Associates, Inc. for preparation of professional special Police Tax Services (P6), Community Facility District (CFD), Lighting and Landscape Assessment District (LLAD), and Common Area Maintenance (CAM) for FY 2024/25 and FY 2025/26 (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.8 Adopt a Resolution Approving a Subdivision Improvement Agreement and Final Map for Machado Property Subdivision 9615 located at the southwest corner of East Cypress Road and Machado Lane (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.9 Adopt a Resolution Awarding a Construction Contract to K&K JL Services, Inc. for the construction of the Public Works Operations Building Remodeling Project, Capital Improvement Project Number 303 (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.10 Adopt a Resolution Appointing a Representative to the Contra Costa County Advisory Council on Aging for a Two-Year Term (Libby Vreonis, City Clerk)
5) PUBLIC HEARINGS
Mayor Williams announced there are no public hearing items. 6) REGULAR CALENDAR
6.1 Approve a Letter of Support for Senate Bill 1034 (SB 1034) regarding a California Public Record Act response extension during a declared State of Emergency (Libby Vreonis, City Clerk)
City Clerk Libby Vreonis presented the staff report.
There were no public comments.
Dr. Fuller requested the letter be amended to include that the state incur the cost of the City Clerk’s Office to retrieve records in response to Public Records Act requests as it is a state mandated program for the Clerk to retrieve records at the local level. He motioned to approve the letter with this amendment. The motion died for lack of a second.
It was moved by Vice Mayor Shaw and seconded by Councilmember Henderson to approve the letter of support as presented. The City Clerk conducted a roll call vote.
Motion was unanimous and so ordered. (5-0)
6.2 Adopt a Resolution Approving the Design and Construction Agreement with Contra Costa Water District for the Canal Undergrounding Project Segment 5A on East Cypress Road at Jersey Island Road associated with Capital Improvement Project (CIP) Number 310 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Public Works Director/City Engineer Kevin Rohani presented the staff report.
Mayor Williams inquired if road completion would be able to happen without undergrounding of the canal.
Mr. Rohani mentioned that it can, but not really because the canal still needs to be addressed. He explained that this is the only section not undergrounded at the Cypress overcrossing; pipes are undergrounded north and south and now they have to close the gap, install pipes, and put the roadway on top.
There were no public comments.
It was moved by Councilmember Meadows and seconded by Councilmember Henderson to approve the item. The City Clerk conducted a roll call vote. Motion was unanimous and so ordered. (5-0)
7) REPORTS
7.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray announced that Art in the Park will be held Saturday, 10am-1:00 pm, and if it rains, the Recreation Division has an alternative. He also announced that on May 4, the City will host the City’s 25th Anniversary Party at Civic Center Plaza, 4:00pm-10:00pm. He reported that the second Library Stakeholders’ meeting was held last week, and progress is being made. He mentioned the City’s website homepage has been updated to include information regarding the envisioned library with a link to the Friends of Oakley Library website that has information regarding the project, and the Friends have kickstarted their fundraising effort. (b) Business License Update
Mr. McMurray mentioned the business license report for March was included with the agenda packet.
7.2 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 Meadows reported he attended the Contra Costa Transportation Authority Planning Committee meeting last Thursday where the WETA (Water Emergency Transportation Authority) Ferry Service was discussed, including 4 proposed locations, two in Hercules and two in Pittsburg/Antioch, but not all four will go.
Vice Mayor Shaw reported she attended the Tri-Delta Transit meeting, the Library subcommittee meeting, and the ribbon cutting at Willy’s Bagels last Friday.
Councilmember Henderson reported he attended the Ironhouse Sanitary District meeting on April 2 and they are working on public education which we will see more of in the community. He also reported he attended the Contra Costa County Needs for Affordable Housing and Homelessness consortium held in Brentwood on April 4, the ribbon cutting for Willy’s Bagels on April 5 and it is exciting to have that new business in town, and Friday Night Bites where the weather was a little cold.
Dr. Fuller reported ABAG/BAHFA/others are in full force to get the $20 billion regional affordable housing bond issue on the November ballot and the next report will be August 2nd. He mentioned he will have more on this when he returns. He also mentioned one of the most disturbing aspects is that they seem to have a bouncing ball; they don’t have a set $10 billion or $20 billion but are going forth with a regional approach which for 9 counties, will impact residents’ property tax. He also reported that AB 1657 (Wicks) is going along fine, and she is taking the lead for democrats with affordable housing, and she is now toying with more measures to come which is a little frightening because Mayor Arreguin from Berkeley who is endorsed by The Chronicle and East Bay Times will join on the other side of the State Senate floor. He mentioned he will provide more details at the next meeting.
Mayor Williams reported she attended the Tri-Delta Transit meeting where SB 1031 (Weiner/Wahab) was discussed and could appear in 2026. She mentioned it is being driven by MTC to regionalize transportation but for those familiar with Tri-Delta Transit, it started because centralized transportation didn’t meet needs in our area. She shared that MTC is analyzing different things; it could choose to do a sales tax, a road toll, or other means to raise funds, including bond measures. She explained that the bill would give MTC control over state funds that could be allocated toward the urban core, even if a bond measure were not approved by voters. She mentioned Tri-Delta and others are opposing it because it takes control away from the voters where the money is going to be spent. She shared that two Tri-Delta Transit drivers were awarded for safe driving involving accidents or near accidents. She reported that she also attended the Library Stakeholders’ meeting and Mayors Conference. She mentioned that at the Mayors Conference, a presentation was provided regarding stormwater funding options and there is a Municipal Regional Stormwater Permit which is issued every 5 years, it becomes more costly and stringent each time it is issued, and every city in Contra Costa County is a co-permittee except for Richmond and Brentwood. She explained that when the permit was first issued it had 10 provisions and there are now 21 provisions. She mentioned that the speakers discussed impacts to municipalities of the new provisions, one being unsheltered homeless populations and that municipalities are required to provide a map where those populations are located and create plans for stormwater runoff. She explained that becomes complicated when they have shared jurisdiction with CalTrans, Diablo Water District, etc. She mentioned starting in July, cities will need to document implementation costs and there is a $45 million deficit from these unfunded mandates, so cities and counties need a way to fund it and are reviewing funding options, the deficit can only be expected to increase, and they can potentially be exposed to third party lawsuits due to non-compliance. She shared that CalTrans was issued a cease-and-desist order by the Water Board because of trash on the roadways that causes stormwater issues. She also reported she was appointed to the Delta Protection Commission. She mentioned they offered an endorsement to continue the Library Commission which she moved, and it passed unanimously. She mentioned they also heard about CCTA (Contra Costa Transportation Authority) for receiving a Legacy Award for innovation, She mentioned that on Earth Day there will be a vegetation management event at Big Break 10am-12pm. She mentioned that they also received a report on ABAG and April 18 is the next big vote for BAHFA. (b) Requests for Future Agendas
Dr. Fuller requested staff draft a letter to the Department of Fish & Wildlife to provide notice of salmon poaching in our area. He mentioned it is his understanding that the Contra Costa County Sheriff has jurisdiction over the rivers as well as the U.S. Coast Guard and requested the letter also be sent to them.
Mayor Williams inquired if that would need to be a work session or if it is possible to draft the letter and bring it back.
City Manager Joshua McMurray mentioned staff has enough information to propose a draft letter and ask for it to be approved or modified and sent.
Dr. Fuller agreed and inquired if staff could research the San Joaquin/Sacramento Rivers and adjoining waterways to see if they can address all three agencies he mentioned.
Mr. McMurray confirmed staff can do that.
Mayor Williams supported it.
Councilmember Henderson suggested East Bay Regional Parks District also be included because he believes it has jurisdiction over the pathway.
Dr. Fuller agreed with that.
Dr. Fuller also requested a draft letter to the state legislature to revoke or rescind Proposition 47 to address when someone steals something, they get time in County jail, but County jails don’t have enough space and do not get reimbursed from the state so really no time is being served for things such as retail theft, burglary, etc. He mentioned he would like to see it revoked or replaced to provide accountability and some form of mechanism for viable justice.
Mayor Williams commented that there are 247 bills related to amending, changing, or gutting Proposition 47 and Vice Mayor Shaw has sat on the policy committees.
Vice Mayor Shaw mentioned that there are a lot of legislators not looking to repeal Proposition 47 but are open to amending it and she is fine with starting a draft letter on the City’s position.
City Manager Joshua McMurray requested clarification whether the letter would be specific to Proposition 47 and Vice Mayor Shaw confirmed it would be. 8) WORK SESSIONS
8.1 Report to the City Council Regarding Implementation of a Social Media Policy for Members of the City Council (Derek Cole, City Attorney) City Attorney Derek Cole presented the staff report.
Mayor Williams commented that she doesn’t want the City paying for someone’s poor judgment on social media, and with the Supreme Court case, it looks like they went after the individual, but she would like to know if it would be on a case-by-case basis and if the City could be held responsible for someone making comments ahead of time that would prejudice a quasi-judicial decision.
Mr. Cole explained that a person can sue a City or an individual and there are two types, equitable relief which is a judgment by the court that says do or don’t do something, and the other is damages. He explained that if a Councilmember said something truly defamatory and if the City is sued, the immunities are so broad that a defamatory, malicious statement would likely be immunized. He further explained that if someone is communicating in a way that is defamatory by law and someone tried to say it was an official act of the City, the City would have broad immunities under California state law so as a practical matter, it may be virtually impossible to hold the City responsible, but that doesn’t mean lawsuits can’t be filed. He mentioned that the hope here is that these reminders will tell Councilmembers now and into the future, be careful with what they say.
Mayor Williams commented that she didn’t ask him to poll neighboring cities, but she doesn’t think it is unusual to have a social media policy.
Mr. Cole explained the difference here is that he is attempting to address Councilmember’s communications on their private media that they own and only they can access, but on which they talk about things they do for the City which the City has no control over. He further explained that the official social media for the City is under the direction of the city manager and staff delegated to post on social media and they administer that policy. He added that what the Councilmembers do on their own social media accounts is unofficial; what the City does is official.
Councilmember Meadows mentioned he was going to ask the same thing as he wants to make sure the Council does not have any liability. He commented that he understands why the policy was requested but also believes in the First Amendment.
He explained that they’re accountable for what they say, some people will like or not like comments they make, and comments they make on social media or verbally reflect on themselves, the City as a whole, and reflects on staff. He mentioned they should be aware of what they are saying when they are doing it, but they have the right to do it. He added that he doesn’t have to like other Councilmembers’ comments but they have right to make them and it is a reflection on them.
Councilmember Henderson commented that when he brought the item forward, he was looking for and hoping to see guidelines for what the Brown Act says they can do or can’t do, i.e., “liking” a comment, providing a thumbs up, or disagree with them on a comment, or if they decide to make a separate post on the same topic, is it is now serial meeting. He mentioned having guidelines for the current and future Council will be helpful for both the Council and public to understand what they can and can’t do, and that was his reason for wanting to see this policy come forward.
Dr. Fuller mentioned it is his understanding with the Lindke v. Freed decision that Councilmembers have not forfeited their First Amendment right; they can talk, but if the Council, as official government action, has voted on a certain item together to censure or squash any comment of a particular Councilmember, that Councilmember can now sue the City for a violation of Lindke v. Freed and other compensation for a violation of First Amendment rights, the City would be liable from the individual, and the Councilmember could file suit in federal or state court.
Mr. Cole mentioned that is incorrect. He explained that Lindke only dealt with the issue of whether a particular elected official’s actions on social media were state action and First Amendment protections would kick in (if something is not state action, the First Amendment does not reach that conduct). He clarified that the court was addressing if communications and actions on social media were actions of the government, and the issue of damages was not there. He mentioned he provided a summary on censures some meetings ago and the court there ruled that the censure does not violate the First Amendment rights of the censured party, generally, unless there is some type of punitive measure attached to it. He mentioned he cannot see any basis for damages against the City from one Councilmember censuring another Councilmember because that is essentially the nature of politics, but that is not the question presented tonight; the question presented tonight is if the Council wants to go forward with this policy or do something else. He mentioned he realizes it doesn’t have a lot of teeth, but damages and other things are not what is addressed in this policy.
Dr. Fuller agreed with Councilmember Meadows in that comments are reflective of that Councilmember, and he agrees they are public comments. He mentioned that he is not averse to having his comments public and he makes them public; there is no reason to hide them if he is putting them out and it is a reflection on him or a reflection on another person that goes through. He expressed concern that they keep saying they have to protect City staff and optics. He mentioned he was once injured by the former City Manager because he was not giving good optics and the City realized that and didn’t like it and rightly so. He mentioned the Council does not cover City staff; the Council supervises staff and commends them when they are doing well and if there are booboos they stand up to say there are boo-boos, so people now, in his estimation, have much more confidence in City Hall and City Council, and they understand nothing will be held in secret or thrown on three days before it comes up. He mentioned he believes that is the best route to go. He shared that Lindke v. Freed is a big case that has made national news, the policy is good as it is operating in the spirit of the law, and he agrees with the resolution as presented.
Vice Mayor Shaw commented that she does not see this infringing on personal First Amendment rights and likes that. She also commented that this will be good for new Councilmembers coming on as there may be things that they don’t think of, i.e., blocking somebody on social media could potentially be problem or serial meeting comments regarding the Brown Act. She mentioned it is a good idea to get it when you come in but also as a reminder because you get complacent and can forget in going about day-today things. She mentioned that she thinks they are all free to say what they want on social media, but they do work together so maybe they shouldn’t like or dislike something someone posts. She commented that she does not mind the way this was written; it was well thought out and while they can’t have something with teeth in it, if something happens, they have a reminder of this policy.
Dr. Fuller mentioned it is important for the public to realize that a Councilmember is not quoting for the City, and that is why he tries to use words such as “my perspective”, “my opinion”, and “what I observed”, so he is not saying it is official.
Mr. Cole mentioned they don’t have to take a vote and inquired if the Council wants him to bring it back to formally introduce it.
Mayor Williams mentioned she is for it; it provides clarity and as Vice Mayor Shaw mentioned, they get complacent, so it is a good reminder. She inquired if things change and they modernize the Brown Act if it would trigger an update which Mr. Cole confirmed it would. She inquired if there is consensus for Mr. Cole to bring it back to formally introduce it.
Councilmember Henderson and Dr. Fuller confirmed they are fine with it.
Mr. Cole confirmed he will bring back the item to formally introduce it. 9) CLOSED SESSION
9.1 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
County of Contra Costa et al. (and City of Oakley) v. Monsanto Company et al., Contra Costa Sup. Ct. Case No. C22-02818
Schaefers v. BNSF Railway Company et. al. (and City of Oakley), Contra Costa Sup. Ct. Case Nos. C22-01552 and C22-01555
McCalister v. Moeckel at al. (and City of Oakley), Contra Costa Sup. Ct.
Case No. C23-00834
City of Oakley v. Scelsi, Contra Costa Sup. Ct. Case No. MSN16-1620 City of Oakley v. Rodriguez, Contra Costa Sup. Ct. Case No. N23-1091 Mayor Williams announced the closed session items. She announced after closed session, the meeting will adjourn, and the next regular meeting will be held Tuesday, April 23, 2024, at 6:30pm in the Oakley City Council Chambers, and the community is invited to attend.
10) ADJOURN
There being no further business, the meeting was adjourned at 8:15 p.m.
Respectfully Submitted,
Libby Vreonis
City Clerk