AGENDAREGULAR JOINT MEETING OF THE OAKLEY CITY COUNCIL/OAKLEY CITY

COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEYREDEVELOPMENT AGENCY/ OAKLEY PUBLIC FINANCING AUTHORITY

Tuesday, January 12, 20216:30 PM

Oakley City Council Chambers, 3231 Main Street, Oakley, CABE ADVISED that this meeting will be live-streamed on the City's website atwww.oakleyinfo.com. Due to the order of the County Health Officer, no one will be allowedto attend the meeting in person.

How to Participate:

Telephone: You may participate via telephone by calling (925) 809-9201 and usingConference ID#: 921207. Please call or text (925) 787-8454 with any difficulties with thecall-in number or ID. The meeting host will call on you when it is your turn to speak. Pleasemute your phone until then.

E-mail: Public comments can be submitted until 5 p.m. the day of the meeting bycompleting an online comment form through the City's website,https://www.ci.oakley.ca.us/agendas-minutes-videos-archive/ . Comments will bedistributed to the City Council via email and summarized in the meeting minutes. Pleaseindicate on the comment form if you wish to speak during the meeting. Public commentsare public records.

MISSION STATEMENT: The City of Oakley exists to build and enhance a quality community and toserve the public in a friendly, efficient, responsive manner.

VISION STATEMENT: The City of Oakley will be recognized as a model of civic participation and avibrant Delta community where families live, work, play, shop and visit.

Agendas are posted in Oakley at Oakley City Hall-3231 Main Street, outside the gym at Delta Vista MiddleSchool-4901 Frank Hengel Way and outside the Library at Freedom High School-1050 Neroly Road;agendas are also posted on the City’s Internet Website www.ci.oakley.ca.us.

A complete packet of information containing staff reports and exhibits related to each item is available forpublic review prior to an Oakley City Council and/or City Council Acting as the Successor Agency to the

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Oakley Redevelopment Agency/Oakley Public Financing Authority meeting at Oakley City Hall, 3231 MainStreet, Oakley, CA 94561. Any writings or documents provided to a majority of the Oakley City Council,Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency or OakleyPublic Financing Authority regarding any item on this agenda will be made available for public inspection,during regular business hours, at the front counter in the Main Lobby of the Oakley City Hall located at3231 Main Street, Oakley, CA 94561.

Agendas may be picked up at the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561 for nocharge. To request information regarding placement on the City’s agenda e-mail distribution list, pleasecontact us at (925) 625-7000.

We provide social media options to stay connected to City Hall through Facebook, Twitter, Next Door andInstagram. Other opportunities to connect with City Hall include Engage In Oakley, Oakley OnDemand onthe city's website; and by emailing info@ci.oakley.ca.us. Constant Contacts. Please contact us at (925)625-7000 for additional information or at www.oakleyinfo.com.

If you have a physically challenging condition and require special accommodations, please call the CityClerk’s office at (925) 625-7013.

Please keep cell phones/electronic devices turned off during the meeting. Please beadvised that City Council meetings are video recorded and attendees may appear onvideo.

Members of the public may address the Council on items of interest that are within the City’s jurisdiction.Public comment on items not listed on the agenda will be heard under the Public Comments section of theagenda. In compliance with State law, the Council may not take action on an item that is not specificallylisted on the agenda. If you would like to speak on any agenda item, please fill out a blue speaker cardavailable in the lobby and submit it to the City Clerk prior to the agenda item being called. The Mayor willcall you by name to the podium to hear your comments and you have up to 3 minutes to speak.

1.OPENING MATTERSOakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley RedevelopmentAgency/Oakley Public Financing Authority

1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Actingas the Successor Agency to the Oakley Redevelopment Agency/Oakley PublicFinancing Authority

1.2 Pledge of Allegiance to the Flag (Mayor Higgins)

2.PUBLIC COMMENTSAt this time, the public is permitted to address the Oakley City Council/Oakley City Council Acting as theSuccessor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority onnon-agendized items. PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. In accordance with

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State Law, however, no action or discussion may take place on any item not appearing on the postedagenda.

3.CONSENT CALENDARConsent Calendar items are typically non-controversial in nature and are considered for approval by theOakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley RedevelopmentAgency/Oakley Public Financing Authority with one single action. Members of the audience, Staff or theOakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley RedevelopmentAgency/Oakley Public Financing Authority who would like an item removed from the Consent Calendar forpurposes of public input may request the Mayor remove the item. Members of the public should submitany Speaker Cards related to the Consent Calendar in advance of the Consent Calendar beingconsidered.

3.1 Approve Minutes from the Special Meeting of the Oakley City Council heldDecember 8, 2020 (Libby Vreonis, City Clerk)Minutes 120820 Sp

3.2 Approve Minutes from the Regular Joint City Council/City Council Acting as theSuccessor Agency to the Redevelopment Agency/Public Financing AuthorityMeeting held December 8, 2020 (Libby Vreonis, City Clerk)Minutes 120820 RegJt

3.3 Adopt a Resolution Continuing the Declaration of the Existence of anEmergency Affecting the Public Health and Safety due to the NovelCoronavirus (COVID-19) Pandemic (Bryan H. Montgomery, City Manager)Staff Report1. Resolution

3.4 Appointment of City Council Standby Members for Newly ElectedCouncilmembers in the Event of a Declared Emergency (Libby Vreonis, CityClerk)Staff Report1. Resolution

4.PUBLIC HEARINGS

5.REGULAR CALENDAR

6.REPORTS

6.1 CITY MANAGER(a) City Manager

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6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THESUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY

(a) Reports from Council Liaisons to Regional Committees, Commissions andBoards AND Oakley City Council/Oakley City Council Acting as the SuccessorAgency to the Oakley Redevelopment Agency

(b) Requests for Future Agendas

7.WORK SESSIONS

7.1 Discussion Regarding the Train Platform Project (Bryan Montgomery, CityManager)Staff Report1. Train Platform Exhibit

8.CLOSED SESSION

8.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATIONPursuant to Government Code Section 54954.5(e)Title: City Manager

9.ADJOURN

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Minutes of the Special Meeting of the Oakley City Council

held December 8, 2020

1) Opening Matters

1.1 Call to Order and Roll Call of the Oakley City Council

The meeting was called to order by Mayor Kevin Romick at 5:02 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. In addition to Mayor Romick, Vice Mayor Sue Higgins and Councilmembers Randy Pope, Michael Krieg and Claire Alaura were present.

1.2 Pledge of Allegiance to the Flag (Mayor Romick)

Mayor Romick led the Pledge of Allegiance.

2) Public Comments

No online public comments were submitted by the 5 p.m. deadline for the meeting. No public comments were addressed during the meeting.

3) Consent

3.1 Adopt a Resolution Accepting the Results of the Canvass of the November 3, 2020 Consolidated General Municipal Election in Oakley (Libby Vreonis, City Clerk)

It was moved by Councilmember Krieg and seconded by Councilmember Pope to adopt the resolution. Motion was unanimous and so ordered. (5-0)

4) Closed Session

4.1 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATIONPursuant to Government Code Section 54956.9(d)(1)City of Oakley v. Douglas and Lori ScheerContra Costa Superior Court Case No. CIVMSC19-00402

Mayor Romick announced the closed session.

The City Council moved to its antechambers for discussion. City Attorney Derek Cole reported out of closed session with the following information: The City Council met to discuss existing litigation and by motion made by Vice Mayor Higgins, of which motion was seconded by Councilmember Krieg, the City Council authorized the City Attorney to abandon the lawsuit. The vote was as follows: AYES: Alaura, Higgins, Krieg, Romick. NOES: Pope. (4-1)

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5) Presentations to Mayor Kevin Romick and Councilmembers Claire Alaura and Michael Krieg

5.1 Recognition of Service of Mayor Kevin Romick and Councilmembers Claire Alaura and Michael Krieg

Congressman McNerney joined the meeting by phone. He commented that he has personally seen the service and dedication of Mayor Romick and Councilmembers Alaura and Krieg. He mentioned Mayor Romick has served over 16 years and has been key to helping Oakley grow and thrive. He thanked Councilmembers Alaura and Krieg for the contributions they have made which he indicated will make a lasting impact. He recognized Vice Mayor Higgins and Councilmember Pope. He recognized the incoming Mayor and Vice Mayor, and new Councilmembers. He thanked the City for the invitation to provide his presentation.

Senator Steve Glazer joined the meeting by phone. He thanked the Council for the opportunity to present. He mentioned he knows it is difficult for everyone during this pandemic and urged everyone to continue to be careful, safe and vigilant in the upcoming months. He recognized and thanked Mayor Romick for his years of service. He commented he has been a strong partner in Oakley through his service on the Council, regional boards and commissions, including his advocacy to encourage BART to move to East County. He thanked Councilmember Alaura for her passion, her great example of building relationships, and her high standards to make sure everyone is represented. He thanked Councilmember Krieg for his service and expressed he hopes they can partner together. He mentioned he will have items of recognition to forward. He congratulated the newly elected and mentioned he looks forward to getting together to discuss mutual goals. He also thanked Vice Mayor Higgins and Councilmember Pope and expressed he looks forward to working with them as they have in the past. He thanked the Mayor and Council for keeping everyone safe.

City Manager Bryan Montgomery announced that usually each Councilmember would be presented with an item of recognition by their fellow Councilmembers in recognition of their service; however, due to COVID-19, baskets and signs have been prepared containing those items of recognition. He shared that in each basket there is a small piece of the 250-year old oak tree that had to be removed from Civic Center Park (due to disease). Mr. Montgomery asked Mayor Romick to join him and Public Works Director/City Engineer Kevin Rohani at the podium where Mr. Rohani presented him a piece of the oak tree with an engraved message. Mayor Romick and Councilmembers Alaura and Krieg accepted the baskets and street signs upon which their names were imprinted to hang in their homes.

5.2 Comments from Councilmembers Michael Krieg and Claire Alaura, and Mayor Kevin Romick

Councilmember Krieg commented that from the outside looking in, it seems that the City Councilhas power, but the City Council is somewhat more restricted by state law and a small budget which then requires creative thinking and partnership among the team. He thanked fellow Councilmembers for their advice and for providing a collaborative environment, staff for their assistance, and the City Manager for his great institutional knowledge to explain the decisions that previous City Councils have made. He thanked all for the opportunity to serve and the opportunity to contribute to the City’s future.

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Councilmember Alaura shared there have been moments on the City Council that challenged her and even frustrated her, but there were more moments that have impacted her positively and the one word that describes her time on the City Council is grateful. She shared she is grateful to have met with countless volunteers who support the Oakley community, including seniors, coaches, and people who feed the hungry. She expressed gratitude for Councilmembers for their leadership and others who serve. She mentioned the City Council has always worked professionally to get past differences to make decisions. She commented she is grateful for staff to take Council direction to make the decisions made by the Council a reality. She expressed she is proud of Oakley Police who do more with less to keep Oakley one of the safest cities in the state. She expressed gratitude for family support. She thanked the City of Oakley for allowing her to be part of its history and mentioned she looks forward to continuing to see it to grow.

Mayor Romick commented it has been an honor to serve Oakley. He thanked staff for the amount of work that is done with the small budget Oakley has to provide what is needed for the community. He mentioned many staff members have dual responsibilities. He expressed it has been great working with community. He shared he worked with the Council elect before Oakley was a city and served on Oakley’s first Planning Commission. He mentioned at that time they looked to other cities how to do things and learn, and the community was supportive of everything they did. He shared memories of meetings that were overflowing with attendees and the various locations where they met, wherever they could be accommodated. He recalled a time when Main Street was HWY 4, with big trucks and speedy traffic. He mentioned the City has slowed down the traffic. He shared that so much has been accomplished; Oakley has brought on its own Police Department which is the most admired in the county for work they do. He thanked everyone, including his wife and children for their love and support. He thankedOakley residents for their suggestions and support. He mentioned some emails were challenging, but he appreciated the communication. He thanked all for the opportunity to serve and mentioned for those coming on, there will be challenges to address, but he is available to contact if needed.

5.3 Recess (5 minutes)

A five minute recess was taken at 5:46 p.m. Mayor Romick and Councilmembers Alaura and Krieg departed from the dais. The City Council as reorganized reconvened at 5:56 p.m.

6) Special Orders

6.1 Administration of Oath of Office to Elected Councilmember Aaron Meadows (Libby Vreonis, City Clerk)

City Clerk Libby Vreonis administered the oath of office to elected Councilmember Aaron Meadows.

6.2 Administration of Oath of Office to Elected Councilmember Anissa Williams (Libby Vreonis, City Clerk)

City Clerk Libby Vreonis administered the oath of office to elected Councilmember Anissa Williams.

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6.3 Administration of Oath of Office to Elected Councilmember George Fuller (Libby Vreonis, City Clerk)

City Clerk Libby Vreonis administered the oath of office to elected Councilmember George Fuller (pre-recorded).

Councilmembers Meadows, Williams and Fuller were provided Certificates of Election.

Councilmembers Meadows and Williams were seated. Councilmember Fuller joined remotely by phone.

7) Reorganization of the Oakley City Council

7.1 Selection of Mayor and Vice Mayor (Vice Mayor Higgins)

It was moved by Councilmember Pope and seconded by Councilmember Meadows to select Sue Higgins for Mayor. Motion was unanimous and so ordered. (5-0)

It was moved by Mayor Higgins and seconded by Councilmember Meadows to select Randy Pope for Vice Mayor. Motion was unanimous and so ordered. (5-0)

7.2 Administration of Oath of Office to Newly Appointed Mayor and Vice Mayor (Libby Vreonis, City Clerk)

City Clerk Libby Vreonis administered the oath of office to Mayor Higgins and Vice Mayor Pope.

7.3 Comments by Newly Appointed Mayor

Mayor Higgins thanked the City Council. She mentioned there is a busy year ahead with an ad hoc fire committee, ad hoc labor committee, train platform and possible reinstatement of the Planning Commission. She commented, “Let’s get started.”

Mayor Higgins inquired if the regular meeting scheduled for 6:30 p.m. must start at that time or if it could begin earlier.

City Attorney Derek Cole advised the meeting should begin at 6:30 p.m., the time showing on the agenda as noticed and posted.

8) Adjourn

There being no further business, the meeting was adjourned at 6:06 p.m.

Respectively Submitted,

Libby VreonisCity Clerk

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Minutes of Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley

Public Financing Authority held December 8, 2020

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 Sue Higgins called the meeting to order at 6:30pm. Vice Mayor Randy Pope and Councilmembers Aaron Meadows and Anissa Williams were present. Councilmember George Fuller joined the meeting remotely by phone. Mayor Higgins led the Pledge of Allegiance.

1.2 Accept Written Update from Advisory Council on Aging Representative, Megan Casey

The City Council accepted the report.

2) PUBLIC COMMENTS

No online public comments were submitted by the 5 p.m. deadline for the meeting. No public comments were addressed during the meeting.

3) CONSENT CALENDAR

3.1 Approve Minutes of the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency and Special Public Financing Authority Meeting Held November 10, 2020 (Libby Vreonis, City Clerk)

3.2 Accept Report Out of Closed Session Memo (Derek P. Cole, City Attorney)

3.3 Approve 2021 Meeting Dates (Libby Vreonis, City Clerk)

3.4 Approval of the City of Oakley’s Contra Costa Transportation Authority (CCTA) Growth Management Program Compliance Checklist for Allocation of Fiscal Year 2019/20 and 2020/21 Local Street Maintenance and Improvement Funds (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.5 Development Impact Fee Five Year Report (Tim Przybyla, Finance Director)

3.6 Acceptance of work associated with Capital Improvement Project Number 214 –Vintage Parkway Repair and Resurfacing Project (Kevin Rohani, P.E. Public Works Director/City Engineer)

3.7 Ratify Election: Adopt Ordinance No. 15-20 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 179 within the Oakley Special Police Tax

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Area for Police Protection Services for the Baldocchi project (APNs 032-010-002 and 032-010-012) (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.8 Approval of the Stormwater Green Infrastructure (GI) Plan for adoption, submit the plan to the Water Board and authorizing future administrative updates to the GI Plan by the City Manager (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.9 Acceptance of Work Associated with Capital Improvement Project No. 218 - Main Street/O'Hara Avenue Intersection Improvement Project (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.10 Annexation No. 26 (Baldocchi) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Street Light, Landscape and Stormwater Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.11 Consideration of a Resolution Approving a Master Equity Lease Agreement between the City of Oakley and Enterprise Fleet Management, Inc. and Authorizing the City Manager to Execute the Master Equity Lease Agreement and any Amendments between the City of Oakley and Enterprise Fleet Management, Inc. (Tim Przybyla, Finance Director)

3.12 Purchase of AXON Body Worn Cameras, Tasers, and use of Digital Evidence System (Dean Capelletti, Chief of Police)

3.13 Consideration of a Resolution Accepting the Comprehensive Annual Financial Report (CAFR), Memorandum on Internal Control, Required Communications and Report on Agreed Upon Procedures for Fiscal Year 2019-2020 (Tim Przybyla, Finance Director)

Items 3.7 and 3.10

Mayor Higgins announced items 3.7 and 3.10 will be removed from the Consent Calendar and brought back at a future date.

Councilmember Fuller requested removal of item 3.3 for discussion.

An unidentified caller requested removal of item 3.4 for discussion.

Mayor Higgins announced she will remove item 3.13 for discussion.

It was moved by Vice Mayor Pope and seconded by Councilmember Meadows to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0)

Item 3.3

Councilmember Fuller suggested two meetings be held in June, July and August so the Council can be responsive to items that need to be addressed. He suggested the Council can always cancel the meetings if necessary.

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City Manager Bryan Montgomery mentioned if something should come up that needs to be addressed, the Mayor can call those meetings; however, traditionally, the second meetings would occur during summer break for schools which is during a time when many people take vacations. He added if the meetings are on the annual schedule here as canceled, then they would not have to be later canceled, along with posting cancellation notices.

Councilmember Williams commented she has young children and if the City Council has made it work in the past, she would prefer to keep the schedule.

Vice Mayor Pope commented that he believes it is better to schedule a special meeting if needed rather than showing a habit of canceling meetings to demonstrate a professional atmosphere. He mentioned special meetings have been scheduled from time to time and the proposed schedule allows flexibility to schedule them as needed.

Councilmember Meadows commented he is okay with the schedule as written and it can be changed as needed.

Mayor Higgins mentioned to Councilmember Fuller that Councilmembers have expressed their preference and asked if he would like to make a motion.

It was moved by Councilmember Fuller and seconded by Vice Mayor Pope to adopt the resolutions. Motion was unanimous and so ordered. (5-0)

Item 3.4

An unidentified caller inquired if the staff report would be presented for item 3.4.

Mayor Higgins explained the staff report is in the meeting packet and available online so it will not be presented. She asked the person to explain the issue he has with the item.

The caller mentioned it looks like June 21 is the deadline to get the item submitted to the Contra Costa Transportation Authority (CCTA). He inquired if all of the projects, 1-14, listed are projects in which funding is being requested.

Public Works Director/City Engineer Kevin Rohani approached the podium and explained the report is part of an every-other-year report to the CCTA for Oakley to get Measure J funding and this is a summary of projects. He mentioned the deadline to submit to CCTA is the end of June 2021 and action taken this evening has nothing to do with any allocation of funding for a specific project.

Vice Mayor Higgins inquired if there were any specific questions.

The caller inquired if project #2 on the list has been completed. He mentioned he was trying to understand if the list includes existing and proposed projects.

Mr. Rohani left the podium to obtain a copy of his staff report from his seat.

City Manager Bryan Montgomery explained that all projects, past and future, are included for the budget year for the Council’s review and approval.

The caller commented that project # 2 is the Rose & Laurel project.

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Mr. Montgomery confirmed it is an approved project.

The caller inquired if it is approved, but not completed.

Mr. Montgomery responded he has been told all have been approved.

The caller indicated Oakley residents have voted in a new group of people because it didn’t like where the city was going prior to that so he is proposing the idea that the new Council and future Planning Commission should take a look at this with fresh eyes. He commented he hopeshis comments will be taken into account.

Mr. Montgomery explained that approved projects, even if they have not effectuated use, still have entitlements, and change to entitlements may not be possible.

City Attorney Derek Cole responded that it is not a realistic possibility; the City cannot change the entitlements.

It was moved by Vice Mayor Pope and seconded by Councilmember Meadows to adopt the resolution. Motion was unanimous and so ordered. (5-0)

Item 3.13

Mayor Higgins commented that the budget had no misstatements; it was sound and $20 million was not missing as was stated on social media.

Finance Director Tim Przybyla commented he read an article on that and he believes there was confusion on which funds went where. He explained there are over 100 funds in the City, each is accounted for separately, including the General Fund which makes up only half of the budget. He added that independent auditors conducted a review of the budget and found no misstatements.

Mayor Higgins commented that there are citywide funds such as the funds allocated for Vintage Parkway that must be used for the purpose for which allocated and collected; money cannot move between this type of fund and other funds; it is restricted. She also mentioned that the General Fund is a portion of all City funds. She asked Mr. Przybyla to confirm again that $20 million was not “squirreled away” by the previous City Council as was indicated on social media.

Mr. Przybyla confirmed there were no findings of that by independent auditors.

It was moved by Mayor Higgins and seconded by Vice Mayor Pope to adopt the resolution. Motion was unanimous and so ordered. (5-0)

4) PUBLIC HEARINGS

None.

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5) REGULAR CALENDAR

5.1 Adopt a Resolution to Approve the City Council 2021 Committee Appointee List (Libby Vreonis, City Clerk)

City Clerk Libby Vreonis presented the staff report.

Mayor Higgins requested a liaison to the East Contra Costa Fire Protection District be added to the 2021 list and proposed Councilmember Fuller be appointed.

Councilmember Fuller accepted.

It was moved by Vice Mayor Pope and seconded by Councilmember Meadows to adopt the resolution, as amended. Motions was unanimous and so ordered. (5-0)

6) REPORTS

6.1 CITY MANAGER(a) City Manager

City Manager Bryan Montgomery reported city staff (not including Police and Parks) is working remotely, but will continue to make the City Council aware of important matters. He announced December 18 through January 5 is the City’s year-end closure; limited staff will be available for inspections and other matters; however, response time may be slower and he appreciatesresidents’ understanding. He mentioned a small painting project will occur on Oakley Roadtomorrow, west of Empire, and he appreciates everyone’s patience as repairs are made.

Mayor Higgins inquired if the drive-through holiday event at the Recreation Center has been canceled.

Mr. Montgomery commented staff had not announced it yet as they were just notified, but the event as planned is not able to happen pursuant to county orders. He asked Recreation Manager Lindsey Bruno to share details regarding other options being considered.

Ms. Bruno commented that people who registered for the event will be notified tomorrow and other holiday activities will be offered remotely in lieu of the event. She shared that activities they are considering are virtual story time twice a week with Mrs. Claus in English and Spanish, Elf on a Shelf fun, and virtual visits with Santa.

Mayor Higgins thanked her for her hard work.

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 (b) Requests for Future Agendas

Councilmember Williams thanked the City Council and mentioned she looks forward to serving the Oakley community.

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Councilmember Meadows commented he looks forward to working with the City Council and thanked the previous Councilmembers, especially Kevin Romick, who put in lot of hours and work.

Councilmember Fuller commented he is happy to be here and work with others on the City Council and thanked previous City Council for their service in the community.

Mayor Higgins reported Ironhouse Sanitary District recently had an audit with no findings,MCE’s meeting was routine, and she attended the Contra Costa County Mayors’ Conference where Councilmember Fuller is looking to get on its committees.

Mayor Higgins called for any future agenda items.

Councilmember Fuller requested he would like agendized items for 1) activity on the train platform and parking lot be suspended until further public and City Council discussion on the project, and 2) a closed session for the City Manager’s performance evaluation.

7) WORK SESSIONS

None.

8) CLOSED SESSION

None.

9) ADJOURN

There being no further business, the meeting was adjourned at 7:36 p.m.

Respectively Submitted,

Libby VreonisCity Clerk

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STAFF REPORT

Approved and Forwarded to the City Council

DATE: January 12, 2021

TO: Mayor & City Council

FROM: Bryan Montgomery, City Manager

SUBJECT: RESOLUTION CONTINUING THE DECLARATION OF THE EXISTENCE OF AN EMERGENCY AFFECTING THE PUBLIC HEALTH AND SAFETY DUE TO THE NOVEL CORONAVIRUS (COVID-19) PANDEMIC

Background and RecommendationOn March 17, 2020, the City Council adopted by Resolution 24-20 that formally declared emergency in Oakley due to the Coronavirus (COVID-19) pandemic. It has since been extended, with the last extension approved on November 10, 2020.

A considerable amount of restrictions continue to exist within the prevailing Contra Costa Health Officer orders relating to COVID-19 and the City continues to make expenditures and take other actions related to the pandemic. It is the declaration of an emergency that better ensures some reimbursement for these expenditures and precautionary/emergency measures are likely to continue for at least another 60 days. It is advisable that the declaration of an emergency be extended yet again and be reconsidered again at the April 13, 2021 City Council Meeting.

Fiscal ImpactThe declaration is helpful and necessary for the City to seek reimbursement for costs associated with the pandemic.

RecommendationStaff recommends the City Council adopt the resolution that continues the declaration of emergency and that it be reconsidered at the April 13, 2021 City Council Meeting.

Attachment1. Resolution

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Page 1 of 2

RESOLUTION NO. -20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY CONTINUING THE DECLARATION OF AN EMERGENCY AFFECTING THE

PUBLIC HEALTH AND SAFETY DUE TO THE NOVEL CORONAVIRUS (COVID-19) PANDEMIC

WHEREAS, California Government Code Section 8630 empowers the City Council to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity; and

WHEREAS, public health officials have detected novel coronavirus COVID-19 (“COVID- 19”), an infectious disease to which there is no known natural immunity and for which there is currently no vaccine, in numerous countries and the Center for Disease Control has determined COVID-19 presents a serious and imminent threat, and has confirmed community transmission in the Bay Area; and

WHEREAS, on March 4, 2020, the Governor of California proclaimed a state of emergency to exist in California as a result of the threat of COVID-19; on March 10, 2020, Contra Costa County proclaimed the existence of a local emergency caused by the introduction of COVID-19 and its contribution to the shortage of essential health care supplies; and

WHEREAS, on March 13, 2020, the President of the United States declared a national emergency;

WHEREAS, on March 16, 2020, the Health Officer of the County of Contra Costa issued an order to address the COVID-19 public-health crisis; and

WHEREAS, on March 17, 2020 by Resolution 24-20, the Oakley City Council declared the existence of an emergency within the City of Oakley caused by COVID-19, and

WHEREAS, Resolution 24-20, in compliance with California Government Code Section8630, called for the City Council to review the need for continuing the emergency declaration at least once every 60 days until termination; and

WHEREAS, by subsequent resolutions the City Council has since extended the declaration of emergency; and

WHEREAS, the health orders related to COVID-19 issued by the Health Officer of the County of Contra Costa continue various related restrictions to deal with the pandemic.

NOW, THEREFORE, BE IT RESOLVED that City Council hereby continues and extends the declaration of emergency originally made on March 17, 2020 and the matter will be reconsidered at the April 13, 2021 City Council Meeting.

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Page 2 of 2

BE IT FURTHER RESOLVED that the City Manager, in consultation with the Mayor and with the advisement of the City Attorney, shall have the power to take such actionsas are reasonable under the circumstances to carry out any of the directives or dutiesnecessary to effectuate the goals and objectives of this declaration.

BE IT FURTHER RESOLVED that residents of Oakley are encouraged to remain calm, acknowledging that our country has faced many challenges and obstacles throughoutour history and working together we have always persevered through those, as we will with the COVID-19 emergency.

PASSED, APPROVED AND ADOPTED this 12thday of January, 2021 by the following

vote:

AYES:NOES:ABSTENTION:ABSENT:

APPROVED:

Sue Higgins, MayorATTEST:

Libby Vreonis, City Clerk Date

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STAFF REPORT

Approved and Forwarded to the City Council

DATE: January 12, 2021

TO: Bryan Montgomery, City Manager

FROM: Libby Vreonis, City Clerk

SUBJECT: Appointment of City Council Standby Members for Newly Elected Councilmembers in the Event of a Declared Emergency

Background and Analysis

Pursuant to Sections 8635-8641 of Article 15, Chapter 7, Division 1, Title 2 of the California Government Code, the City Council may appoint standby members in the event they are unavailable during a state of emergency. A Councilmember is deemed “unavailable” if “either killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform his duties.” (GC §8636)

On March 27, 2018, the Oakley City Council adopted Ordinance No. 04-18 to allow for the appointment of standby City Councilmembers in accordance with GC §8636.

The qualifications of a standby member should be carefully examined, the standby member must consent, and consideration should be given to places of residence and work “so that for each office for which standby officers are appointed there shall be the greatest probability of survivorship.” (GC §8639) A standby member may be a resident or officer of another agency.

A standby member is required to take the oath of office, is appointed at will of the City Council, and may be removed by the City Council at any time with or without cause. (GC §8640)

A standby member must be informed of the duties of a Councilmember, be provided a copy of Article 15, keep informed of the business of the City Council to fill the position competently, immediately report for duty during a state of emergency and fill the position when the Councilmember is unavailable during a state of emergency. The standby member serves until the regular Councilmember becomes available or the appointment of a new regular Councilmember. (GC §8641)

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Staff recommends the City Council appoint standby members Lori Orgochuck, selected by recently elected Councilmember Meadows, Angela Lowrey, selected by recently elected Councilmember Williams, and Paul Seger selected by recently elected Councilmember Fuller. Staff recommends the City Council adopt a resolution confirming such action, and direct the City Clerk to administer the oath of office to the appointed standby members. Pursuant to Ordinance 04-18, standby members accept the appointment upon taking the oath of office.

Fiscal Impact

None.

Staff Recommendation

Staff recommends the City Council appoint standby members Lori Orgochuck, Angela Lowrey and Paul Seger and adopt a resolution confirming such action.

Attachments

1. Resolution

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Resolution No. __-21 Page 1 of 1

RESOLUTION NO. ___-21

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPOINTING STANDBY MEMBERS TO THE OAKLEY CITY COUNCIL IN THE EVENT OF A

DECLARED EMERGENCY

WHEREAS, at the meeting of March 27, 2018, the Oakley City Council adopted Ordinance No. 04-18 which allows for the City Council to appoint standby members in the event of a declared emergency; and

WHEREAS, pursuant to Ordinance No. 04-18, following the initial appointment of standby City Councilmembers, standby members shall be appointed at the first regular Council meeting following the swearing-in of newly-elected or appointed City Councilmembers; and

WHEREAS, standby members have already been appointed for Mayor Higgins and Vice Mayor Pope; and

WHEREAS, newly elected Councilmembers Meadows, Williams and Fuller haveselected standby members to appoint; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley that the following standby members are appointed to serve in the event of a declared emergency as a City Councilmember when the designated elected City Councilmember is “unavailable” as defined in Government Code Section 8636:

Councilmembers Appointed Standby City Councilmember

Aaron Meadows Lori Orgochuck

Anissa Williams Angela Lowrey

George Fuller Paul Seger

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Oakley held on the 12th day of January, 2021 and adopted by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED: ATTEST:

______________________ ___________Sue Higgins, Mayor Date: Libby Vreonis, City Clerk

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STAFF REPORT

Agenda Date: ________

Agenda Item: ________

Date: January 12. 2021

To: City Council

From: Bryan Montgomery, City ManagerKevin Rohani, Public Works Dir/City EngineerJoshua McMurray, Community Dev. Director

SUBJECT: Discussion regarding Downtown Train Platform Project

Background

In early 2014, the San Joaquin Regional Rail Commission (SJRRC), that manages the San Joaquin Joint Powers Authority (SJJPA)/Amtrak San Joaquins, included in its draft business plan a potential train platform in Oakley. In May of 2014, SJJPA staff began discussions with the Contra Costa Transportation Authority (CCTA) about studying further the viability and potential location in Oakley for the platform. CCTA then contacted City staff and began reviewing possible locations in the Downtown, and determined that a technical study should be conducted to analyze the options.

A grant application was prepared and submitted through CCTA to obtain funds to conduct the study to further analyze a potential SJJPA train platform and what it would bring to the Downtown Priority Development Area (PDA) in terms of regional commuter service, economic expansion including new retail/commercial uses, as well as job creation. The grant application was approved in early 2015 for $100,000 to conduct a “Downtown PDA Market Study” and the City Council approved a cooperation agreement with CCTA on March 10, 2015 to proceed with the study.

Up to this time, the concept of a train platform in the Downtown had not only been discussed a few times at City Council Meetings, but a press release was prepared and sent out on March 18, 2015 that was published by local media and was also included in the City’s weekly email blast on March 20, 2015.

Work Session

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At the May 12, 2015 City Council Meeting, staff and the project team leading the study discussed three potential train station locations. A City Council work session was then held on May 26, 2015 to discuss further details about the potential sites and viability of the train platform. The discussion was again communicated to the public through the weekly email blast on May 29, 2015. The Oakley Press newspaper ran a follow-up story on June 11, 2015 entitled, “Council mulls station options.” The City sent out to all residents the Oak Leaf newsletter in July that provided more information about the Study.

The direction provided by the City Council during the May 26th work session was further evaluated and refined. On September 8, 2015 the City Council thenreceived the final presentation of the consultants, confirmed the preferred alternative and formally received the Study. The Council’s action was included in the September 11, 2015 email news blast.

https://www.ci.oakley.ca.us/wp-content/uploads/2016/06/20150922_Preferred_Plan_Report_Exec-Summary_reduced.pdf

In October of 2015, City staff and two Councilmembers attended the SJJPA Board meeting in Merced to present the results of the Study and to discuss thepreferred alternative site for the train platform. The presentation was well-received and the Oakley platform was formally included in the SJJPA strategic business plan. The visit and Board action was included in a social media post in November of 2015.

Funding resources are actively researched and the City applied for TIGER 8 federal grant funds to construct a train platform and a 300+ space parking lot to serve the train, park and ride, and Downtown businesses and events. This grant was not received.

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In January of 2016, The Oak Leaf newsletter was sent to all residents that included a front page article providing more information about the project and the results of the Study.

In early 2016 CalTrans allocates $25.45M for the construction of a second rail line from Oakley to Port Chicago. The project was funded and completed to implement service expansion on the San Joaquin corridor. This segment independently mitigates passenger and freight interference and improves operational reliability for better on time performance of the overall rail services.

In April of 2016 the City hosts a Community-wide Strategic Planning Meeting at Freedom High School. During the meeting the train platform was discussed with the following action item under “Downtown Revitalization” focus area:

4.k. Partner with Planning Department to identify and capitalize on opportunities realized from the anticipated transit station in Downtown, as well as mitigate for any possible negative impacts.

On May 24, 2016 the City Council adopts the 2016-18 Strategic Plan. On May 27, 2016, the Mayor hosts a “Brown Bag Lunch” with the Chamber of Commerce with the topic of the Lunch being the train platform.

Throughout the rest of 2016 and into 2017 the City continues to extensive revitalization work along Main Street east of Norcross. Also during this time, efforts are well underway to acquire the property needed for the long-planned Downtown parking lot, roadway north of Main Street that will parallel the rail line, and for the northerly extension of O’Hara Avenue.

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In late 2017, the SJJPA applied for grant funding to construct the Oakley Train Platform through the Transit and Intercity Rail Capital Program (TIRCP). Part of the grant application includes the City of Oakley’s work to revitalize its downtown and commitment to build a large parking lot and “kiss and ride” loop road to serve the train platform. In April of 2018, the SJJPA is notified that the grant application was successful and of the grant funds received, $8.6M is designated for the Oakley Train Platform. The platform would be approximately 700 feet in length and located along the west side of BNSF's mainline between 2nd Street and Norcross Lane. (See Attachment #1). The platform would include lighting, shelters, benches, ADA improvements, and signage.

The rendering above showing a portion of the proposed train platform was prepared by the consultant hired on as part of the Downtown Main Street “Visioning” project. The City Council awarded the consultant contract for the development of this plan on July 8, 2014. A sub-committee of the City Council was formed to work with the staff and the consultant team in developing the Main Street and Downtown vision. The drafts of the vision were reviewed at public meetings with Downtown merchants and other stakeholders, like SJJPA. The “Visioning” project plan was approved by City Council on January 27, 2015.

The implementation of the Visioning project plan, in conjunction with the Downtown Specific Plan, led to some near-term projects. This included the work on Main Street (from Norcross Lane to 5th Street) reconstruction and improvement project, that the City Council awarded on July 14, 2015. This project continued the Main Street revitalization completed in 2013 in front of City Hall, and established a critical foundation of the improvements needed to accommodate the new railroad platform station. The Norcross to 5th Street work was completed near the end of 2017 and was named “Project to the Year” by the Northern California American Public Works Association. The work was capped off by unveiling this Downtown monument:

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In early 2018, the Downtown Parking Lot project design contract was awarded by the City Council on February 13, 2018. This include work done for a portion of the overall parking lot on the west side of Norcross Lane north of Main Street – this work was completed later that year. The design contract for Phase 1 of the large overall parking lot to serve the businesses and train platform was awarded by City Council on October 23, 2018.

Also part of the Visioning project plan was the development of small, landscaped plazas on both sides of the Bistro restaurant. These plazas would soften the view of the train platform, yet still keep visibility into the area where the platform will be installed. The City Council approved this design of the plazas:

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In early 2019, more detailed coordination meetings began with SJJPA, City staff and Amtrak to begin the design phase of the project. In March of 2019, Mayor Alaura and staff meet with Amtrak in Washington, D.C. about the project and secure the commitment from Amtrak officials to make the project a priority.

In November of 2019, the SJJPA Board approves a cooperative funding, design and construction agreement with Amtrak. Amtrak will coordinate with SJJPA and Burlington Northern Santa Fe (BNSF) to modify existing service agreements and lease agreements to allow for the construction of the Platform within BNSF's right-of-way.

COVID-19 has caused a number of delays, but on October 23, 2020 a ceremonialgroundbreaking was held for the project. The City continues to monitor the coordination between SJJPA and Amtrak as the project continues through the design phase. The design will also involve determined but tedious negotiations with BNSF. Full-scale construction is expected in late 2021 or early 2022.

Summary

It is important to note that projects of this magnitude, and that involve multiple agencies (including a federal agency), take many years to come to fruition. Large, complex projects also come with some disagreement and controversy; however, the concept of a train platform has been publicly discussed for more than five years. The process has been public, transparent and residents have been given multiple opportunities to weigh in. The City’s public information efforts and the local media have covered the project extensively. The City’s website has included a separate page about this project since 2015: https://www.ci.oakley.ca.us/train-platform-information/

As evaluated in the Downtown PDA Study and as history has shown, the economic, environmental and societal benefits of commuter rail service are significant. For Oakley to have this opportunity (that is also of regional benefit),and to have the most significant part of the project funded by others, would be envied by communities across the country.

Further, since 2010 the adopted Downtown Specific Plan (DSP) has further guided the development in the Downtown. A key focus of the DSP is to create productive density which will drive the commercial development and infill that aredesperately needed to continue to revitalize the Downtown. The DSP laid the groundwork for higher density transit-oriented development, but without a viable multi-model transportation system, without which that kind of development is simply not possible. Beyond all the commuter benefits, the train platform project is a tool to expand on the economic development efforts of the City.

The City has listened to the input of its residents and partners and the site chosen for the platform was selected for multiple reasons, one of them being how flat the area is and how open and safe the platform could be. There have been comments regarding safety and the overall look and feel of the neighboring platform in Antioch.

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The Oakley site is very different from the platform in Antioch and we have the opportunity to influence the design of the site with safety in mind from the start.

Finally, it is worth mentioning that Oakley had historically been a regional railroad hub until a fire in the 1920s burned the station and many Downtown buildings. To honor the railroad heritage that helped create the Oakley community, a large 5’x8’ photo of a train stopped in Oakley has been displayed in the City Council Chambers.

Attachments1. Train Platform Exhibit

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FACE OF CURB, BACK OF CURB

AND BACK OF WALK

SCALE: 1" = 50'

LEGEND:

EXISTING RIGHT OF WAY

OAKLEY TRANSIT CENTER EXHIBIT

AUGUST 16, 2019

PROPOSED LANDSCAPE AREA

PROPOSED ROADWAY

PROPOSED PARKING

TRAIN PLATFORM

PROPOSED STRIPING

GATEWAY PLAZA

PARKING LOT

PARKING LOT

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