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Agendas are posted at the Oakley Civic Center, the “White House” at 204 Second Street, and outside the Library at Freedom High School; agendas are also posted on the City’s website: www.oakleyinfo.com  To view the Agenda, you will need the free Adobe Reader.  You can download Reader here.

NOTE: To access the staff reports/PDFs, click on the link underlined in blue/green at the topic point. Clicking will pull up and load the staff report for your review.  

AGENDA

REGULAR JOINT MEETING OF THE OAKLEY CITY COUNCIL/REDEVELOPMENT AGENCY

TUESDAY, SEPTEMBER 14, 2010
Oakley City Council Chambers
3231 Main Street, Oakley, CA

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

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

Agendas are posted at the Oakley Civic Center, the “White House” at 204 Second Street and outside the Library at Freedom High School; 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 for public review prior to a City Council or Redevelopment Agency or Public Financing Authority meeting at the Civic Center, 3231 Main Street. Any writings or documents provided to a majority of the City Council, Redevelopment Agency or Public 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 Civic Center located at 3231 Main Street. 

Agendas may be picked up at the Oakley Civic Center located at 3231 Main Street for no charge. To request information regarding placement on the City’s agenda e-mail distribution list, contact the Receptionist at (925) 625-7000.

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

(Please keep cell phones/pagers turned off during the meeting.)

Open House Honoring Police Chief Thorsen 
5:00 P.M.
City Council Chambers

REGULAR JOINT MEETING OF THE
OAKLEY CITY COUNCIL/REDEVELOPMENT AGENCY
6:30 P.M.

1.0      OPENING MATTERS
1.1      Call to Order and Roll Call of the City Council and Redevelopment Agency
1.2       Pledge of Allegiance to the Flag
1.3       Proclamation Declaring September 19-25, 2010 as Fall  Prevention Week in 
            Oakley (Fall Prevention Coalition)
1.4       Proclamation Honoring California Coastal Cleanup Day
             (Lindsey Bruno)
1.5      Proclamation Honoring Police Chief Chris Thorsen

2.0  PUBLIC COMMENTS
At this time, the public is permitted to address the City Council/Redevelopment Agency on non-agendized items.  COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES.  In accordance with State Law, however, no action or discussion may take place on any item not appearing on the posted agenda.  The City Council/Redevelopment Agency may respond to statements made or questions asked or may request Staff to report back at a future meeting on the matter.  Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council/Redevelopment Agency agenda. The exceptions under which the City Council/Redevelopment Agency MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code §54954.2(b)(1)(2)(3).  Members of the public should submit any Speaker Cards for Public Comments in advance of the Mayor/Chair calling for Public Comments.

3.0  CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council/Redevelopment Agency with one single action.  Members of the audience, Staff or the City Council/Redevelopment Agency who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor/Chair remove the item.  Members of the public should submit any Speaker Cards related to the Consent Calendar in advance of the Consent Calendar being considered by the City Council/Redevelopment Agency.

City Council/Redevelopment Agency

3.1 Approve the Minutes of the Regular Joint City 
           Council/Redevelopment Agency Meeting of August 10, 2010

City Council

3.2      Waive the Second Reading and Adopt an Ordinance
           Amending Section 9.1.412 of Article 1 of Chapter 1 of Title 9 of
           the Oakley Municipal Code regarding Residential Density
          Bonus and Incentives (Joshua McMurray, Senior Planner)

3.3      Waive the Second Reading and Adopt an Ordinance
           Amending Section 9.1.410 of Article 1 of Chapter 1 of Title 9 of
           the Oakley Municipal Code regarding the Affordable Housing
           Overlay District (Joshua McMurray, Senior Planner)

3.4      Waive the Second Reading and Adopt an Ordinance Adding
           Section 9.1.1218 of Article 12 of Chapter 1 of Title 9 of the
           Oakley Municipal Code regarding Single Room Occupancy
           Units (Joshua McMurray, Senior Planner)

3.5      Waive the Second Reading and Adopt an Ordinance
           Amending Section 9.1.202 of the Oakley Municipal Code and
           Adding Subparagraphs b 5.1 and 5.2 and c 7.1 and 7.2 to
           Section 9.1.404 of the Oakley Municipal Code Dealing with
           Transitional and Supportive Housing (Joshua McMurray,
           Senior Planner)

3.6     Waive the Second Reading and Adopt an Ordinance
           Authorizing an Amendment to the Contract between the City
          Council of the City of Oakley and the Board of Administration
          of the California Public Employees’ Retirement System (Bryan
          Montgomery, City Manager)

3.7    Waive the First Reading and Introduce an Ordinance Amending
          Section 4.20.308 of the Oakley Municipal Code dealing with the
          Unlawful Collection or Transporting of Solid Waste (Derek Cole,
          City Attorney)

3.8     Waive the First Reading and Introduce an Ordinance Amending
           Section 2.9.008 of the Oakley Municipal Code regarding the
           City’s Conflict of Interest Code (Derek Cole, City Attorney)

3.9      Adopt a Resolution Authorizing the City Manager to Sign
           a Contract in the Amount of $72,746 with Royston Hanamoto
           Alley & Abey for Design and Construction Documents for Holly
           Creek Park, Phase 2 (Jason Vogan, City Engineer)

3.10    Adopt a Resolution Accepting 2008-09 CIP No. 41 
            (Freedom Park Stormwater Treatment and Wetland
            Enhancement) as Constructed by Pacific Aquascapes as
           Complete and Directing the City Clerk to File a Notice of
           Completion with the County Clerk (Jason Vogan, City Engineer)

3.11   Adopt a Resolution Approving an Agreement with 
          Mark Thomas and Company, Inc. for the Preparation of Plans, Specifications,
           and Estimates related to CIP No. 124  (Laurel Road
           Widening, O’Hara Avenue to Laurel Ballfields) (Jason Vogan,
          City Engineer)

3.12   Adopt a Resolution Accepting 2009/2010 CIP No. 77 
           (Street Name Sign Replacement) as Constructed by Pacific
          Aquascapes as Complete and Directing the City Clerk to File a
          Notice of Completion with the County Clerk (Jason Vogan,
         City Engineer)

3.13   Adopt a Resolution Approving an Agreement with Green Valley
           Landscape for the Construction of CIP No. 87 – Empire
          Avenue Median Landscape Project and Authorizing the City
          Manager to Enter into Said Agreement in an Amount Not to
          Exceed $67,754 (Jason Vogan, City Engineer)

3.14   Authorize Change Order #1 for Construction Associated with
           CIP No. 14 (Citywide Pavement Management, Empire Avenue
           Overlay, Phase 1) in an Amount Not to Exceed $255,953.20
           (Jason Vogan, City Engineer)

3.15    Adopt a Resolution Approving an Agreement with 
            Carlson,Barbee and Gibson for the Preparation of Plans, Specifications, 
           and Estimates Related to CIP No. 113 (O’Hara Widening,
           Carpenter to Vintage) and Authorizing the City Manager to
           Execute the Agreement (Jason Vogan, City Engineer)

3.16    Adopt a Resolution Accepting Subdivision Improvements 
            Associated with Subdivision 8981 (Perkins Property by Ryder
            Homes, East of Rose Avenue and South of Solitude Drive) and
           Beginning the One-Year Maintenance Period for the
           Subdivision Improvements (Jason Vogan, City Engineer)  

3.17    Adopt a Resolution Supporting the Placement of a 
            Vehicle Registration Fee on the November 2010 Ballot and
           Encouraging Residents to Support the Measure (Bryan
           Montgomery, City Manager)

3.18    Adopt a Resolution Approving an Agreement with 
           Pavement Engineering Inc., Associated with CIP No. 14 (Citywide
           Pavement Management – Cypress Road, Rose Avenue to Empire
           Avenue) and Authorizing the City Manager to Execute the
           Agreement (Jason Vogan, City Engineer)

3.19   Adopt a Resolution Approving an Agreement with                                      
          Pavement Engineering Inc., Associated with CIP No. 14 (Citywide Pavement
          Management -- Slurry Seal Project) and Authorizing the City
          Manager to Execute the Agreement (Jason Vogan, City Engineer)

Redevelopment Agency - None

4.0  PUBLIC HEARINGS
Members of the public should submit any Speaker Cards related to Public Hearing items in advance of those items being considered by the City Council/Redevelopment Agency.

City Council

  4.1    Emerson Property Project (Subdivision 9032):  Requests for (a)
           Certification of an Environmental Impact Report (EIR) and 
           Adoption of a Mitigation and Monitoring Program (MMP); (b)
           Approval of a General Plan Amendment; (c) Approval to Rezone
           to P-1 (Planned Development) and Approval of the Planned 
           Development Plan; (d) Approval of a Vesting Tentative Map
           (9032); and (e) Approval of Design Review.  This project is
           located at the Northwest Corner of East Cypress Road and
           Sellers Avenue (APNs 037-191-037 and 037-192-023) (Updated
           APN 037-192-026).  Applicant:  New Urban Communities
           Partners, LLC.  (Ken Strelo, Senior Planner)

Please note in regards to Agenda Item 4.1:      

• Attachment 2 - previously distributed and available at City Hall
  
• Attachment 3 and 4 - available for viewing at City Hall
   
• Attachment 8 ordinance and 9 resolution - download here

Staff recommendation:

• Open public hearing
• Receive staff report
• Receive comments from the applicant
• Receive public comments
• Close public hearing
• Deliberate
• Certify the Emerson Property Project EIR and adopt the Mitigation and Monitoring Plan;
• Adopt the attached Resolution to Approve the General Plan Amendment to expand the “Commercial” designated land to 24 acres on the Emerson Property;
• Waive the first reading and introduce an Ordinance to Rezone the Property to the P-1 District and adoption of the Planned Development Plan; 
• Adopt the resolutions for the Vesting Tentative Map and Design
  Review, with a modification to the PD Plan to approve the 24-acre
  commercial-only site at this time, and allow the applicant to
  request consideration of an apartment option in March 2013 if the
  24-acre commercial site is not yet entitled or developed. 

Redevelopment Agency - None

5.0  REGULAR CALENDAR
Members of the public should submit any Speaker Cards related to Regular Calendar items in advance of those items being considered by the City Council/Redevelopment Agency.

City Council
 
5.1     Conceptual Site and Building Design Update for Fire Station
        #93 located at Northeast Corner of O’Hara Avenue and La Vina
        Way (Bryan Montgomery, City Manager)

Staff recommendation:

• Receive staff report
• Provide input to staff regarding the conceptual design

Redevelopment Agency – None

6.0  REPORTS

6.1     CITY MANAGER/EXECUTIVE DIRECTOR

6.2     CITY COUNCIL/REDEVELOPMENT AGENCY

a) Reports from Council Liaisons to Regional Committees, 
    Commissions and Boards AND City Council/Redevelopment
    Agency Comments

b) Requests for Future Agendas

c) Consideration of an Allocation of Undesignated Reserve Funds in
   the Amount of $2,000 to Sponsor the U. S. Anglers Choice
   Tournament of Champions Scheduled for October 2 & 3, 2010
   (Councilmember Bruce Connelley)

7.0  WORK SESSIONS
Work Sessions are informal meetings permitting in-depth discussion of various issues that may ultimately come before the City Council/Redevelopment Agency in formal session.  Except in unusual circumstances, no City Council or Redevelopment Agency action is taken.  The City Council/Redevelopment Agency will permit members of the public to make comments.

City Council - None

Redevelopment Agency - None

8.0  CLOSED SESSIONS

City Council

8.1 CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION
(Pursuant to Section 54956.9 of the Government Code)
Name of Case:   Greenbelt Alliance v. City of Oakley, et al. (Contra Costa Superior Court Case No. N06-0582)
 
8.2      CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION
           One potential case. This closed session is authorized by Govt. Code
           §54956.9.

8.3      CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
           Initiation of litigation pursuant to Government Code Sec. 54956.9[c].  One
           potential case. 

Redevelopment Agency

8.4     CONFERENCE WITH REAL PROPERTY NEGOTIATOR
          (Pursuant to Section 54956.8 of the Government Code)

Property:               
Purchase and/or lease an interest in property located
at 3070 Main Street, Oakley, California.
APN: 037-200-006

Agency Negotiator:   Bryan H. Montgomery, Executive Director, on behalf   
                                 of the Oakley Redevelopment Agency

      Negotiating Parties:  Oakley Redevelopment Agency
       Salvatore Listek, Owner

Under negotiation:    Price and terms of payment for the real property to
                                 be acquired and/or leased

8.5     CONFERENCE WITH REAL PROPERTY NEGOTIATOR
          (Pursuant to Section 54956.8 of the Government Code)

Property:                 
Purchase an interest in property located
at 3330 Main Street, Oakley, California.  APN: 037-160-027-1

Agency Negotiator:  Bryan H. Montgomery, Executive Director, on behalf   
                                 of the Oakley Redevelopment Agency

          Negotiating Parties:  Oakley Redevelopment Agency
          Walter Pompei, Owner

Under negotiation:    Price and terms of payment for the real property to
                      be acquired

8.6     CONFERENCE WITH REAL PROPERTY NEGOTIATOR
          (Pursuant to Section 54956.8 of the Government Code)

Property:            
Purchase and/or lease an interest in property located at 3090 Main Street, Oakley, California. APN: 037-200-008

Agency Negotiator:   Bryan H. Montgomery, Executive Director, on behalf   
                     of the Oakley Redevelopment Agency

      Negotiating Parties:  Oakley Redevelopment Agency
       CentroMart, Inc., Owner

Under negotiation:    Price and terms of payment for the real property to
                      be acquired and/or leased

8.7      REPORTING OUT OF CLOSED SESSION

9.0  ADJOURN