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, April 09, 20196:30 PM

Oakley City Council Chambers, 3231 Main Street, Oakley, CA

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 theOakley 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.

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

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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.

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 (Student at Oakley Elementary School)

1.3. Proclamation Declaring April as Autism Awareness Month (Trevor Varner andJeff Varner)Proclamation

1.4. Proclamation Declaring April 7-13, 2019 as National Library Week (AndreaFreyler, Community Library Manager)Proclamation

1.5. Oakley Library Update Provided by Community Library Manager Andrea Freyler

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 withState Law, however, no action or discussion may take place on any item not appearing on the postedagenda. The Oakley City Council/ Oakley City Council Acting as the Successor Agency to the OakleyRedevelopment Agency/Oakley Public Financing Authority may respond to statements made or questionsasked or may request Staff to report back at a future meeting on the matter. The exceptions under whichthe Oakley City Council/Oakley City Council Acting as the Successor Agency to the OakleyRedevelopment Agency/Oakley Public Financing Authority MAY discuss and/or take action on items notappearing on the agenda are contained in Government Code §54954.2(b)(1)(2)(3). Members of the publicshould submit any Speaker Cards for Public Comments in advance of the Mayor calling for PublicComments.

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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 the Minutes of the Regular Joint Oakley City Council/Oakley CityCouncil Acting as the Successor Agency to the Oakley Redevelopment Agencyand Special Meeting of the Oakley Public Financing Authority Meeting heldMarch 26, 2019 (Libby Vreonis, City Clerk)

Minutes 3-26-19

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

3.3. Waive the Second Reading and Adopt an Ordinance Approving a Rezone (RZ05-18) from the General Commercial (C) District to the Planned Development(P-1) District for the Village at Main located at 1731 Main Street (APN's037-100-048, 037-100-049, 037-100-13, 19 and 23) (Joshua McMurray, PlanningManager)Ordinance

3.4. Waive the Second Reading and Adopt a Tree Maintenance Ordinance (DerekCole, City Attorney)Ordinance

3.5. Adopt a Resolution Recognizing the Importance of the 2020 U.S. Census-"BeCounted California" (Bryan Montgomery, City Manager)Staff Report1. Resolution2. CenusFlyer

3.6. Adopt a Resolution for the Purchase of Traffic Signal Poles and Equipmentfrom AZCO Supply Inc. for the Empire Avenue/Gateway Drive SignalizationProject - Capital Improvement Project Number 230 (Kevin Rohani, P.E., PublicWorks Director/City Engineer)Staff Report

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1. Resolution

3.7. Acceptance of Subdivision Improvements Associated with Subdivision 9183(Stonewood 3 Unit 1) (Kevin Rohani, P.E., Public Works Director/City Engineer)Staff Report1. Resolution Accepting the Improvements

4. PUBLIC HEARINGS

5. REGULAR CALENDAR

5.1. Fiscal Year 2018/19 Third Quarter Report on the Capital Improvement Program(Kevin Rohani, P.E., Public Works Director/City Engineer)Staff Report

6. REPORTS

6.1. CITY MANAGER(a) City Manager’s Report

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

8. CLOSED SESSION

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

8.2. Report Out of Closed Session (Derek Cole, City Attorney)

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9. ADJOURN

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PROCLAMATION

Declaring April as Autism Awareness Month

WHEREAS, The Centers for Disease Control (CDC) estimates that 1 in every 68 children in the United States are among the more than 2 million Americans living with an Autism Spectrum Disorder (ASD); and

WHEREAS, Autism spectrum disorder is the result of a group of complex neurological factors that affect the functioning of the human brain and can be exhibited by anyone; and

WHEREAS, Autism is a reality that affects millions of families every day, and while our nation has made progress in supporting those with ASD we are only beginning to understand the factors behind the challenges they face; and

WHEREAS, Promoting awareness can increase access to information, encourage heightened understanding of ASD, promote respect and dignity, and support the services that assist people with ASD to reach their full potential; and

WHEREAS, During Autism Awareness Month, we renew our commitment to support the entire ASD community, including children and adults with ASD, their families, and caregivers; and

WHEREAS, Each person in our community should have the opportunity to live full, independent lives; and

WHEREAS, Early diagnosis and treatment are essential for those affected by autism spectrum disorder.

NOW, THEREFORE, BE IT RESOLVED THAT I, Claire Alaura, Mayor of the City of Oakley, on behalf of the City Council hereby proclaim April 2019 as Autism Awareness Month. We encourage all citizens to learn more about what they can do to support individuals on the autism spectrum and their families.

April 9, 2019

________________Claire Alaura, Mayor

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PROCLAMATIONRecognizing April 7-13, 2019 as National Library Week

WHEREAS, today’s libraries are not just about books but what they do for and with people; and

WHEREAS, libraries of all types are at the heart of cities, towns, schools and campuses; and

WHEREAS, libraries have long served as trusted and treasured institutions where people of all backgrounds can be together and connect; and

WHEREAS, libraries and librarians build strong communities through transformative services, programs and expertise; and

WHEREAS, libraries, which promote the free exchange of information and ideas for all, are cornerstones of democracy; and

WHEREAS, libraries promote civic engagement by keeping people informed and aware of community events and issues; and

WHEREAS, librarians and library workers partner with other civic organizations to make sure their community’s needs are being met; and

WHEREAS, libraries and librarians empower their communities to make informed decisions by providing free access to information; and

WHEREAS, libraries are a resource for all members of the community regardless of race, ethnicity, creed, ability, sexual orientation, gender identity or socio-economic status, by offering services and educational resources that transform lives and strengthen communities; and

WHEREAS, libraries, librarians, library workers and supporters across America are celebrating National Library Week.

NOW, THEREFORE, BE IT RESOLVED that I, Claire Alaura, Mayor of the City of Oakley on behalf of the City Council, hereby proclaim, National Library Week, April 7-13, 2019. The City of Oakley encourage all residents to visit the library this week to take advantage of the wonderful library resources available, explore what’s new and engage with your librarian. Because of you, Libraries Transform.

April 9, 2019

_________________Claire Alaura, Mayor

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

Special Oakley Public Financing Authority Meeting held March 26, 2019

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 Claire Alaura called the meeting to order at 6:32 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. In addition to Mayor Alaura, Vice Mayor Doug Hardcastle and Councilmembers Sue Higgins, Randy Pope and Kevin Romick were in attendance.

1.2 Pledge of Allegiance to the Flag (Girl Scout Troop 33187)

Girl Scout Troop 33187, including Ally Clark, Maliyah Harris, Regina Maffia, Lucy Stone, Susie Sanchez, Jaiden Williams and Zorha Wood, led the Pledge of Allegiance to the Flag.

The City Council thanked them.

1.3 Update Provided by Contra Costa County Animal Services Community and Media Relations Manager Steve Burdo

Contra Costa County Animal Services Community and Relations Manager Steve Burdo presented an annual update to the Oakley City Council. He was joined by Director Beth Ward in the audience. His update include an overview of Contra Costa County Animal Services (field services, shelter operations, medical services, clerical services, volunteers and administration), an overview of 2018 operations (animal intake, animals reunited with owners, public adoptions, adoptions to transfer partners, cats returned to field, low-cost vaccinations, spay/neuter surgeries and Police, Fire and Code Enforcement assists), highlights of services provided to Oakley in 2018 (stray and deceased animal impounds, investigations, local agency assists and animal rescues), information regarding the 2019 rate increase ($.27 per capita increase forFiscal Year 2019-2020, from $6.11 to $6.38), a summary of 2018 animal activities and actions, live release rate statistics (number of cats and dogs that leave the shelter alive), its pet retention program, opportunities and challenges, and its “Seniors for Seniors” program ($5 adoption fee of animals 5+ years of age to anyone 55+ years of age). He also shared five easy steps to support the local shelter (adopt from local shelter, ensure pets are licensed and microchipped, volunteer at Martinez or Pinole shelter, tour Martinez or Pinole shelter and like them on Facebook).

Mayor Alaura inquired if there is a minimum age to volunteer and a minimum number of hours volunteers must commit to providing.

Mr. Burdo mentioned 18 years of age is the minimum age to volunteer; however, they are exploring ways younger people can become involved and four hours per week is the minimum

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number of hours they would like to have people commit to volunteer; however, they have some flexibility with hours.

1.4 Update from 20th Anniversary Committee (Lindsey Bruno, Recreation Manager)

Vera Martinez and Nancy Huffaker presented an update from the 20th Anniversary Committee.

Mrs. Huffaker shared that the Committee held its first event at the Oakley Library where first Mayor Pat Anderson and Mayor Alaura read to kids and 75 tiles were painted which will be displayed in the Oakley Recreation Center. She announced the Open House for the Recreation Center to be held April 13 beginning at 1pm and will provide another opportunity to paint additional tiles. She noted street light banners commemorating the 20th Anniversary are up in the City and will remain in place through the end of the year. She added the Committee would like to coordinate with a future developer to have 5 streets named after the first 5 City Councilmembers of Oakley and the Committee is providing outreach to schools and organizations as well as providing a suggestion box at the Recreation Center Open House for time capsule suggestions.

Mrs. Martinez shared that the Committee advertised a utility box mural project which will include 7 utility boxes, it reviewed applications of local artists and selected 5 of the submissions. She announced that the Committee is planning a 20th Anniversary Gala, the evening of Friday, May 31, at the Oakley Recreation Center with a band, local food, beverages, and they hope to sell at least 200 tickets which will be reasonably priced to encourage participation. She also shared that the Committee is planning a fundraiser to have 8-inch square bricks for sale with the 20th

Anniversary logo on it to be placed at Koda Dog Park which can include a name of an animal or paw print, and the Committee is planning an oak tree planting event at the Oakley Recreation Center.

Vice Mayor Hardcastle inquired about the price of the bricks.

Mrs. Martinez responded the bricks will cost $50 each.

Mayor Alaura thanked them and mentioned the Committee started off bigger but has becomesmaller and remaining dedicated volunteers like Mrs. Huffaker and Mrs. Martinez have been working very hard to plan events for the community.

2) PUBLIC COMMENTS

Alphonso Thompson commented on the short-term rental moratorium. He shared he is a single father and a teacher and it is very difficult in his situation to afford a mortgage. He mentioned the short-term rental moratorium has resulted in an increased strain on his family income. He explained he lives in his home and rents occasionally when people have weddings to attend in the area or have to move from their homes due to insurance claim issues; he added he isresponsible and notifies his neighbors. He shared the income from short-term rentals supplements his income and would help send his daughter to a private high school and support her basketball trips for school. He requested the City Council consider situations like his where property owners rent responsibly and encouraged the City Council to lift the 30-day provision in the moratorium. He mentioned he has been renting his property for 7 years and can offer his experience when the City Council considers the matter again.

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Councilmember Pope inquired when the item will return to the City Council for consideration.

City Manager Bryan Montgomery responded that he will need to confirm and will contact Mr. Thompson.

Mayor Alaura thanked Mr. Thompson for his comments and for renting responsibly.

Richard Brophy mentioned people who have been murdered by illegal immigrants, he sharedthat illegal aliens are three times more likely to commit crimes than citizens, and inquired if Oakley is a sanctuary city, why Oakley is not saying that clearly. He mentioned Oakley needs to recognize a problem exists and post information on the City website that it is not a sanctuary city.

3) CONSENT CALENDAR

3.1 Approve the Minutes of the Regular Joint Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority Meeting held March 12, 2019 (Libby Vreonis, City Clerk)

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

3.3 Waive the Second Reading and Adopt an Ordinance Amending Chapter 5 of Title 5 of the Oakley Municipal Code regarding Sidewalk Vending (Joshua McMurray, Planning Manager)

3.4 Agreement with Callander Associates for Landscape Architectural and Master Planning Services for the Oakley Community Regional Park Project - CIP Project Number 176 (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.5 Annual Progress Report on Implementation of the 2015-2023 Housing Element with SB 341 Reporting Requirements (Joshua McMurray, Planning Manager)

3.6 Award of Construction Contract to St. Francis Electric LLC for the Empire Avenue/Gateway Drive Signalization Project, Capital Improvement Project Number 230 (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.7 Award of Construction Contract to SofSURFACES for the Crockett Park Playground Resurfacing Project - Capital Improvement Program (CIP) No. 232 (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.8 Award of Construction Contract to R & R Pacific Construction for the Crockett Park Basketball and Tennis Court reconstruction project - Capital Improvement Program (CIP) No. 232 (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.9 "Amendment to City of Oakley Stormwater Management Facilities Operations and Maintenance Agreement and Right of Entry” with 52 Carol Lane and 51 Carol Lane (Kevin Rohani, P.E., Public Works Director/City Engineer)

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3.10 Parcel Map for Minor Subdivision MS 19-976 (Subdivision of Lots 315, 316 & 317 of Subdivision 9481 Gilbert Property Phase 2B) (Kevin Rohani, P.E., Public Works Director/City Engineer)

Mayor Alaura requested to pull item 3.7.

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

Item 3.7

Public Works Director/City Engineer Kevin Rohani presented the staff report.

Mayor Alaura mentioned sofSurfaces has been awarded the GSA contract and the comparison proposals for cord-in-place plastic struck her as apples and oranges, but after hearing his explanation, of all of the other vendors, they are the highest performer and lowest bid.

Mr. Rohani responded that they are within 10% of all other bids received, but overall with longevity, performance, reference checks, this product achieves the City’s objectives and is a superior product.

Councilmember Higgins inquired if these will be tiles that fit together and if they have to be glued.

Mr. Rohani explained that it is a tongue and groove product that is extremely tight and has been used in places such as Oakland and Fresno where the product is under heavy use and is performing well. He mentioned if one tile needs replacing, it can be done and the product is sturdier than the current plastic tiles used on the basketball court. He mentioned it has a lifetime warranty and the company provides someone to install the product.

It was moved by Councilmember Higgins and seconded by Councilmember Romick to approve item 3.7. Motion was unanimous and so ordered. (5-0)

4) PUBLIC HEARINGS

4.1 Easton (DR 10-18) (Neighborhood 2) and Southport (DR 09-18) (Neighborhood 3) at Delaney Park Design Review – Request for Residential Design Review Approval of Two Neighborhoods Totaling 184 Lots within the Delaney Park Subdivision (Ken Strelo, Principal Planner)

Principal Planner Ken Strelo presented the staff report and provided a PowerPoint presentation.

Mayor Alaura thanked Mr. Strelo for opening the public hearing with the staff report.

Councilmember Pope inquired if the City Council has any options other than accepting or sending back the pseudo one-story homes.

Mr. Strelo explained those are likely the two options; however, the applicant may wish to speak to further explain the home plan.

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Councilmember Higgins commented that more information from the applicant would help as she would like to know more about the safety of accessing the loft area, if it will have stair access or a ladder.

Kevin Pohlson with Brookfield Homes thanked staff for their efforts in working with on the home designs. He gave kudos to Mr. Strelo for his attention to detail to enhance architectural style to provide differentiation. He mentioned he is excited about the project and explained pursuant to State code, the loft level on the one-story Southport Plan 2 is considered a mezzanine; the master bedroom is downstairs and provides the developer an opportunity to expand its marketing to various types of families to accommodate extended family with the mezzanine addition. He mentioned the plan provides 23 of these homes and the second floor of this plan is set back dramatically from the street (approximately 40 feet from the front of the lot). He added another feature is there are at least two strong elevations per plan with highlights to create different styles with colors and materials to enhance elevations. He mentioned Southport Neighborhood 3 lots have larger side yard setbacks to create separation between homes. He thanked the City Council.

Mayor Alaura closed the public hearing.

Councilmember Pope inquired if the side yard setbacks are located on the garage side.

Mr. Strelo explained they are not located on the same side as the improvement plans had already been improved and the driveway cuts planned, but they will be certain to plan for the garage side of the home in the future.

Councilmember Pope commented side yard setbacks on the opposite side of the garage are what the City Council is trying to prevent.

Councilmember Romick commented he understands it can’t be done now. He mentioned in the early 2000s, the Planning Commission decided not to have miles of sound walls and he would like staff to keep this in mind for future development north on East Cypress.

Councilmember Higgins inquired what type of railing or ladder will be in place to access the mezzanine level to prevent injury.

Mr. Pohlson responded that the railing will be built per State and City building codes; it is a fully designed staircase with a 42-inch guard rail to protect the mezzanine level. He added the mezzanine can be a loft or bedroom and bathroom and it is a fully functioning room, but smaller than the entire home.

Councilmember Higgins inquired if it is the length of the entire home.

Mr. Pohlson responded the room is about 15 feet wide and it will provide an additional room with the master bedroom downstairs.

Vice Mayor Hardcastle commented he understands the developer will make a product that they can sell and he is fine with it as long as the architecture is pleasing and it is an attractive product. He mentioned he appreciates the developer working on the detail.

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Councilmember Pope commented it is a rose by any other name; it is a two-story home. He mentioned the City Council already approved small lots and put the developer in bind what to do with them. He requested Planning try to prevent small lots in the future. He added although he doesn’t like small lots, it is past that point, the product looks good and he is fine with accepting it.

Councilmember Romick commented “ditto” and thanked Mr. Strelo for being a bulldog about detail and design as the Planning Commission instructed. He also commented he appreciates developers adhering to those rules. He shared the development is unique from other communities, he appreciates the developer and staff working on the plans, and the developer is not going to develop products that will not sell.

Mayor Alaura thanked Mr. Strelo and the developer for working through variations. She commented she is not convinced a mezzanine is not a two-story home. She mentioned she understands it is not a specification, but a guideline; however, the City is already making a concession with setbacks and not getting at least 15 feet between streets; therefore, she is not willing to give up at least 20% of homes being single-story. She mentioned she appreciatesinput from the Citizen Planning Advisors. She added she understands the tentative map and final development plans were already approved and the City Council can be aware of this moving forward so additional small lots are not created.

Councilmember Higgins inquired how many more homes are needed to get to 20% of homesbeing single-story.

Mr. Strelo explained it would fall short by 23 single-story homes (all of Plan 1 and Plan 2 homes which are single-story would have to be included to get to 20% of the total lots) and there is a difference of opinion regarding the Building Code defining the plan as a mezzanine being a single-story.

Mayor Alaura commented there appears to be no value lost with the option of a mezzanine home, but she would like to explore if there is a way for the number of Plan 2 homes to be reduced to get more Plan 1 single-story homes in, then she would not feel so bad about making a concession. She inquired if the number of homes with the mezzanine could be reduced by half.

Mr. Pohlson responded that 17 of the 23 Plan 2 homes have larger side yard setbacks, 6 do not. He explained his preference is to keep 23 to market to more people, but to reduce the side yard impact, he could knock off 6 of those, reducing Plans 2 homes from 23 to 17 and make 6 of them Plan 1 homes which means Plan 1 homes would increase from 14 to 20.

Mayor Alaura inquired how many Plan 1's would then be available.

Mr. Pohlson responded there would be 20 Plan 1 homes and 17 Plan 2 homes.

Councilmember Pope commented he appreciates Mr. Pohlson’s willingness to compromise. He motioned to approve the item as modified with 17 of the homes including mezzanines (Plan 2) and 20 one-story homes without mezzanines (Plan 1) which was seconded by Councilmember Romick. Motion was unanimous and so ordered. (5-0)

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4.2 The Village at Main - An application requesting approval of: 1) a General Plan Amendment (GPA 02-18) to amend the land use designation from Commercial (CO) to Multi-Family, Low Density (ML); 2) a Rezone (RZ 05-18) from the General Commercial (C) District to the Planned Development (P-1) District; 3) a Vesting Tentative Map to subdivide the 21.3-acre site consisting of 5 parcels into 153 single family lots; and 4) Design Review (DR 06-18) for the home designs, site landscaping, fence plans and site design. The project site is located at 1731 Main Street (APN’s: 037-100-048, 037-100-049, 037-100-13, 19 and 23). (Joshua McMurray, Planning Manager)

Councilmember Higgins left the room.

Mayor Alaura commented the tables located in the Council Chambers are set up for CERT classes; it is a 3 day course which enables people to train and assist in emergency situations. She explained the course will be offered again, likely in the spring, and more information will be posted.

Councilmember Higgins returned to the room.

Planning Manager Joshua McMurray presented the staff report.

Mayor Alaura thanked Mr. McMurray for opening the public hearing with his staff report.

Vice Mayor Hardcastle inquired if a street light will be included in the project.

Mr. McMurray responded the project will include landscaping and lighting.

Vice Mayor Hardcastle inquired if the project will include a traffic light.

Mr. McMurray explained a traffic analysis study was conducted and the findings did not warrant a traffic light therefore staff is not recommending to condition the project to require it.

Councilmember Pope inquired if vehicles will be allowed to make a left turn out of the development onto Main Street.

Mr. McMurray explained vehicles will be allowed to turn left or right. He added there will be an opportunity to analyze the details further when the City receives detailed plans but they are conditioning the project to comply with the traffic study.

Councilmember Higgins inquired why there are no one-story homes.

Mr. McMurray explained that the lot size dictates the type of homes that can be built and single-story homes would not work with this size lot.

Councilmember Higgins inquired about setbacks.

Mr. McMurray responded the setbacks were considered in accordance with the design standards and planning reviews; they are small but meet requirements and this neighborhood is more dense than most. He explained the 2002 General Plan envisioned building at that density and single-family product type and the City also follows its single-family residential design guidelines (not requirements). He shared Brentwood and Pittsburg both have similar

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communities to serve the need and price point. He mentioned the Housing Element Annual Report shows that the City did not approve one building permit last year in which a house was under approximately $445k. He added he is not sure of the price of these homes, but the price will likely be lower than homes on larger lots at Delaney or Emerson Ranch.

Councilmember Higgins inquired if the development will be like Eagle City Mobile Home Park in that vehicles can turn left or right onto Main Street.

Mr. McMurray confirmed that is correct.

Councilmember Higgins inquired if the Citizen Planning Advisors provided any comments.

Mr. McMurray responded that they had some concerns regarding the density of the site; some of the opinions maybe were not grounded in fact or pointed to code, but the General Planamendment would allow for this type of product and density.

Mayor Alaura commented that she feels like when the City Council initially looked at the project, it wanted single-family homes; she felt like it projected to the developer 5.5 range of dwelling units per acre to allow for some single-stories. She inquired if it is still a possibility to reduce the number of lots to increase size in some.

Mr. McMurray confirmed that is correct.

Mayor Alaura mentioned it is something to consider.

Mayor Alaura announced there were no public comments submitted for item 4.2 and closed the public hearing.

Councilmember Romick requested to hear from the developer before closing the public hearing.

Mayor Alaura re-opened the public hearing.

Charles McKay, President of MLC Holdings, Inc., thanked staff for its professional effort to bring forth the project. He mentioned the entire business of the company has shifted to meeting the needs of the middle home buyer; there is a lack of supply making it impossible for young people to buy and the housing market is in crisis mode. He explained they want to create high-living quality with affordable prices which this project achieves while providing differentiation of product. He mentioned they look at the opportunity to bring a product into the community which is attainable and density is all about affordability. He added this product will be priced significantly lower than other communities in area which is by design. He commented that they entered into a purchase agreement to acquire the former Successor Agency properties and making changes to density may impact price.

Councilmember Higgins inquired if someone will live onsite to maintain the proposed home owners association (HOA).

Mr. McKay responded that the project will be comprised of individual homeowners with no onsite manager. He explained that the HOA typically contracts with a management companyand they maintain control the HOA until 75% of homes are sold then the management companytakes over.

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Councilmember Romick commented he understands density and issues the developer addressed, i.e., people are leaving the area because they can’t afford to live here, but his concern is with the name "The Village". He explained this is a historic piece of property formerly owned by the Spinelli and Acevedo families consisting of ancient grapevines that were still being harvested as of September last year. He inquired if the developer could look at family history and market the project with a new name. He added the name “The Village” almost sounds sinister.

Mr. McKay commented he appreciates the comment and they would be open to include local relevance in branding the property. He added he is interested in hearing from the 20th Anniversary Committee for opportunities to name streets or possibly park benches and he is open to community input.

Councilmember Romick commented the City Council needs to be flexible to offer these types of products and should be concerned with what is happening at the State level to force more housing requirements on communities. He explained with more local control, the City can meet residents’ needs at different price points and options. He further explained that there are approximately 30 different bills that could impact requirements for SB1 funding, Contra Costa County is expected to double in size within the next 20 years, and it is important that the City look at its available land and how to offer housing within it or it will be servants to the State.

Vice Mayor Hardcastle inquired what price the homes will be offered for purchase.

Mr. McKay responded that the homes will be offered in the 500ks which is under the FHA loan limit so buyers can qualify. He explained the biggest challenge buyers face is the down payment and FHA loans allows buyers to purchase a home with 3% down.

Mayor Alaura closed the public hearing.

Councilmember Pope commented it is an interesting project in that a very short period of time has passed from start to finish, he appreciates the applicant addressing the City Council’s concerns, and the project is unique in that commercial land is being transformed into single-family residential. He shared that the project addresses the housing crisis issue, staves State control of local matters, it addresses City concerns with road maintenance, it is gated, and it provides narrower streets to reduce problems with speeding. He commented it is a good experiment and product for new young families just starting out or older empty nesters wishing to downsize and its parks have activities for both. He shared he understands the project is not keeping with the typical character of other projects, but it is unique and he is ready to approve it.

Vice Mayor Hardcastle expressed as long as safety is addressed, he believes it is a good project for affordability.

Councilmember Higgins inquired if street parking will be available in the development.

Mr. McMurray confirmed street parking will be available in the development.

Councilmember Higgins commented she is fine with the project.

Mayor Alaura commented the project is different and not what the City is used to seeing, but she understands the need for housing and appreciates the development does not consist of condominiums or apartments. She mentioned she wishes the City Council would have gone

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with less housing per acre, but she likes the variation, open space and amenities for kids and a community garden. She added the HOA will take care of maintenance which is new for Oakley with this type of project and it is a change just as the four-story towers behind the project site were a change for the community. She acknowledged there is a definite crisis and shortage of housing in the state and East County has been doing more than its share of what the rest of the state lacks to provide housing. She mentioned she is okay with the project.

It was moved by Councilmember Pope and seconded by Vice Mayor Hardcastle to approve item 4.2. Motion was unanimous and so ordered. (5-0)

5) REGULAR CALENDAR

5.1 Review of Appeal of City Manager’s Decision Regarding Recording a Notice of Violation (462 Larchwood Place, Oakley, CA 94561, Contra Costa County APN 035-361-028) (Libby Vreonis, City Clerk)

City Clerk Libby Vreonis presented the staff report.

City Attorney Derek Cole provided procedural guidance to the City Council. He mentioned the Oakley Municipal Code provides that the City Council may review the decision of the hearing officer; it is not a new hearing. He mentioned the City Council can in its discretion hear oral argument of the appellants and the Brown Act requires that every agenda item be preceded by an opportunity for public comment, in this case appellants or anyone. He added the City Council is acting in appellate capacity and is considering the decision of the hearing officer and City Manager and if those decisions were justified.

Mayor Alaura inquired if Mr. and Mrs. Gatlin would like to speak.

Appellant Beth Gatlin explained that upon receiving the Notice of Violation, it took some time to research codes from 1979 and extensions were requested for research. She mentioned the agenda materials contain a lot of information that is accurate but some is missing and requested the City Council set aside any preconceived ideas to hear their information. She commented she believes assumptions were made that the structure was enclosed and people were living in it; however, it is unenclosed; it is a detached carport with a steel frame. She provided photos to the City Council for reference. She explained she went to the County and obtained a copy of one of the permits issued for their home (and her husband lived next door when the structure was added); and the permit shows 500 square feet was for the carport. She commented that she noticed correspondence between staff assumed the structure was enclosed, but it is not. She further explained their intent was not to modify the structure, it was in existence when they purchased the home in 2004, and when they tried to present materials to staff, an administrative citation issued. She mentioned the administrative hearing officer issued a decision based on different code section and addressed setbacks rather than the violation of California Building Code Section 105.1 referenced in the administrative citation. She mentioned they are unclear if the violation of Section 105.1 has been cleared and she does not believe they received notice of a setback violation. She added they have shown there was a permit for the carport and the 1970s code allowed the carport to be built on the property line if it had a specific fire rating level which their carport had. She mentioned County Ordinance 382 was the applicable code at that time which only required a front yard setback. She requested the City Council consider the materials before them and hopefully will agree with her position.

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Mayor Alaura announced there were no public comments submitted for item 5.1.

Vice Mayor Hardcastle commented that the roof line appears to be up against the fence and he thought it has to be 3 feet from the fence.

City Manager Bryan Montgomery commented that is the issue at hand, staff requested to inspect the structure and was denied access; therefore the photos may be newer than what was seen. He mentioned the carport goes to the property line, the County Code at that time required a 3-foot setback from the fence line and Mrs. Gatlin provided a section of the County Code that applies to trailer parks. He also mentioned that any future property owner should be aware of the violation, the complaint was anonymous and not made by a neighbor, 5-foot setbacks are now required, and technically the structure should come down because it is a hazard, but a compromise would be to record the Notice of Violation to make any subsequent owners aware.

Councilmember Higgins requested clarification that the Notice is an advisement, not a lien.

Mr. Montgomery confirmed that is correct; the Notice would be recorded on the property so any potential future buyer would be aware of the violation.

Vice Mayor Hardcastle inquired if the structure would not be in violation if appellants provide the 3-foot buffer.

Mr. Montgomery responded appellants would be in compliance at 3 feet and would have to obtain a building permit. He added you can tell by the valuation of the County permit, it only refers to the slab concrete. He mentioned he believes they shared they park their boat under the structure and it may be tight for their boat to fit if reduced by 3 feet.

Vice Mayor Hardcastle commented the City is not telling them to tear it down now, it just would be on title that it is a non-compliant structure.

Mr. Montgomery confirmed that is correct.

Councilmember Pope inquired if staff has a copy of the County code that was enforced at that time.

Mr. Montgomery responded it is the California Building Code that requires it.

Councilmember Pope inquired if it is in evidence.

Code Enforcement Manager Troy Edgell responded that the research staff has is from a County Planner to our City Planner that at no time was a zero setback allowed in the County and staff also reached out to a building inspector with 33 years experience who confirmed the same, that there was never a zero setback in this County.

Councilmember Pope asked if staff has a copy of the code enforced at the time and if the administrative hearing officer had it when making his decision.

Mr. Edgell explained the administrative hearing officer reviewed the information provided by the Gatlin’s and staff’s review of that information, that the information provided by the Gatlin’s was taken from a mobile home park code which does not apply to single-family residences. He

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mentioned staff could not find a County code regarding setbacks for single-family residents from 1979, but staff did not believe the information provided by the Gatlin’s was factual.

Mr. Pope commented the information provided by the appellants to the administrative hearing officer was determined by City staff to be irrelevant, but the City did not have the applicable County code section from 1979.

Mr. Cole explained from an evidentiary standpoint, appellants are arguing that they have a non-confirming structure; it can continue by the City’s zoning code but must be lawful at the time it was constructed and the property owner has the burden to prove the non-conformity. He mentioned it is in his opinion that the duty to provide affirmative evidence to establish the legality of that time is upon appellants, not on the City. He added that while the City does not have a County ordinance, there is information being provided by Code Enforcement that is cited in the record and an effort to talk to the County is referenced in the administrative hearing officer’s decision. He mentioned an ordinance is ideal, but we do not have it and California law provides that whomever is asserting a non-conformity bears the burden to demonstrate the lawfulness of the non-conformity.

Councilmember Pope commented he understands, but it is like turning the principle of guilty until proven innocent upside down which is one of the founding principles of this Country.

Mr. Cole responded he understands that concern, but in an administrative matter, that is the rule.

Councilmember Pope commented he understands, but does not agree with it. He mentioned the City Council’s review is to determine whether appellants were given a fair shake in the appeal process, not really whether there was a violation or not.

Mr. Cole explained it is not just the fairness of procedure the City Council is considering, but if there is sufficient evidence to support the decision below which does require the City Council toassess the quality of evidence that supported the hearing officer’s determination.

Councilmember Pope inquired how hard it would have been to get a copy of the code at that time.

Mr. Montgomery responded he is sure they can get it and mentioned that City staff often goes to the County to request different documents that are not there, but there does not appear to be any doubt that at no time were zero setbacks allowed by the County or California Building Code for single-family residential homes.

Mr. McMurray commented he spoke with a County planner that he had contact with over the past couple of years and who is very responsive and the planner gave him information that at no time were zero setbacks allowed as part of the County Code and while the code section was not provided, he is sure staff can get it. He mentioned in his mind, it is not really a zoning issue, but a California Building Code issue and at no time did the California Building Code allow a structure to be placed less than 3 feet from the property line.

Councilmember Pope mentioned Oakley adopts California state standards into its code. He inquired if staff has a copy of the State code at that time, if it is part of record and if the administrative hearing officer had a copy of it at the time he made his decision.

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Mr. Montgomery responded they will get it.

Mr. Cole explained the Council can remand or continue the matter and if the City Council would like to have the codes, staff can try to locate the codes that existed in the late 1970s.

Vice Mayor Hardcastle commented that Mrs. Gatlin referred to a code she relied upon. He inquired if that was new evidence presented.

Mrs. Vreonis commented that Ms. Gatlin referred to Attachment 6 to the staff report which was provided as part of the administrative record.

Mr. Montgomery commented it shows the 3 foot setback requirement.

Mr. Cole responded this is the record the Gatlin’s provided for mobile home parks; it is not the applicable codes.

Councilmember Pope inquired if that is the code that staff found irrelevant.

Mr. Cole responded that is correct.

Mr. Montgomery commented he did find the 1979 California Building Code online which can be downloaded for $100 but staff has no doubt the code has ever changed.

Councilmember Pope commented that is hearsay and he is not willing to reach back decades and tell appellants to tear down a structure based on hearsay. He added he does not believe the administrative hearing officer could make a decision that was not based on code and he doesn’t see the code in evidence. He inquired if the City Council can remand the decision back to the hearing officer to conduct a thorough review based on the code.

Mr. Montgomery responded that he disagrees with the term hearsay when it rings true with the 26 years of experience he has and the 36 years of experience the administrative hearing officer has in dealing with such matters.

Councilmember Pope commented he agrees, he doesn’t believe that back then the structure could have been built, but he is not willing to go against appellants’ rights without founded evidence.

Mr. Montgomery explained that it is not always perfect, but sometimes professional opinion has to be relied upon. He mentioned the argument that we don’t have the code document may be proven moot once obtained, but staff can bring it back.

Councilmember Pope commented that the City Council is not conducting a judicial hearing; it is reviewing the process and while he agrees with the finding, but he does not believe appellants received an accurate and fair process and he doesn’t want them to have to tear down the structure.

Mr. Montgomery commented the decision is that they can leave the structure there, but futureproperty owners may wish to be aware.

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Councilmember Pope commented the code was not provided, but if the code is produced and prohibited it, record the violation and required at the transfer of ownership, the matter be remedied.

Mr. Montgomery commented if he want to see the code that is fine, but it may come full circle.

Code Enforcement Manager Troy Edgell commented that this is not just matter of buyer awareness; it involves clouding title; if appellants refinance or sell, they must remedy the violation.

Mr. Montgomery commented staff can obtain the code and bring it back for Council review.

Vice Mayor Hardcastle inquired if appellants have to remedy the violation now if the City Council approves the violation.

Mr. Montgomery responded that is a decision for the City Council.

Mr. Cole responded that Councilmember Pope is correct in that the City Council is limited with the record before it. He mentioned if it is the pleasure of the City Council to have staff bring back codes to clarify evidentiary disputes with what the code said at the time, it can direct staff to bring back the codes at a continued meeting and the codes would be provided to appellants prior to the continued meeting.

Vice Mayor Hardcastle commented they could decide to withdraw their appeal as well.

Mr. Cole confirmed that is true and the City Council can confirm or deny the appeal with a majority vote, but if the City Council’s preference is to get the code, the City council can direct the City Attorney to get the code from the late1970s and provide copies to appellants two weeks before the continued hearing.

Councilmember Pope expressed his preference is to get a definitive answer.

Councilmember Higgins inquired if appellants have to remedy the violation if the code says it is a violation.

Mr. Montgomery responded they would like it to remain as is if the City should City record a notice; if the City Council affirms the appeal, staff would not record the violation, if it denies the appeal, staff would record the violation, or the City Council has the option to continue the hearing in order to provide the codes and then make a decision.

Councilmember Higgins expressed she would like to continue the hearing.

It was moved by Councilmember Romick and seconded by Vice Mayor Hardcastle to continuethe hearing to April 23 and direct the City Attorney to provide the applicable codes as of the late 1970s to appellants a minimum of 2 weeks before the continued hearing (April 11).

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5.2 Award of Construction Contract to Campanella Corporation for the demolition of structures at the site of the Oakley Community Regional Park Project - CIP Project Number 176 (Kevin Rohani, P.E., Public Works Director/City Engineer)

Public Works Director/City Engineer Kevin Rohani presented the staff report.

Mayor Alaura requested the image of the property be placed on the screen for reference. She announced one online comment was received.

Public Comment Cards

No public comment cards were submitted for item 5.2.

Online Public Comments

One online public comment was received, submitted by Juli Del Barba-Favalora. She commented as a life-long resident of Oakley she has seen many changes to Oakley and its once rural surroundings and although it is sometimes difficult to adapt to change and growth, she believes it is the duty of our citizens and city to work together in hopes to retain any structures, materials and or artifacts that hold significant historical meaning. She added the site has many structures, material and potential artifacts that have been recently evaluated to determine what should be saved or demolished and it is her understanding many of thestructures are not structurally safe and need to be demolished and it has been determined that many of the materials and artifacts can potentially be salvaged and reused as aesthetic materials. She mentioned she is in the planning stages and hopes to bring with great enthusiasm a small proposed historical themed development to Oakley's Downtown area. She added that it will be with great pride and honor if the city is able to help this concept come to life by allowing some of the materials and artifacts to be saved and incorporated into this structure. She expressed appreciation for the City Council for honoring City ancestors by evaluating these historical structures and listening to the voices of citizens in hope to save some of Oakley’s history for future generations. She concluded that ultimately if progress occurs in a collaborative fashion it will be for the betterment of the community and its future.

Councilmember Romick suggested that equestrian friends pay close attention to what is happening in Antioch; the Roddy Ranch Golf Course has been purchased and East Bay Regional Parks plans to develop it as part of the Deer Valley Regional Park. He mentioned it might be a more appropriate location for horse trails than Oakley’s 55-acre park. He commented he would like the City Council to have one more day on site at the 55-acre park. He explained the first time the City Council visited the park, it was to examine and understand the layout of the property and its existing buildings, but the City Council was not looking at collectibles; he expressed that there may be something the City Council would like to see preserved before the scheduled tear down of some of the buildings.

Vice Mayor Hardcastle inquired if the contract can be approved and then have the scavenger hunt occur.

City Manager Bryan Montgomery confirmed there will be time after the contract is approved to view the property before any tear down occurs.

Vice Mayor Hardcastle commented that he requested the same at the last meeting and assumes staff did that.

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Councilmember Pope commented he appreciates the extra diligence staff is taking with this project and it has accomplished what the City Council directed; it identified what can and cannot be saved. He commented he would like to move the project forward.

Mayor Alaura commented she is very excited about the project. She mentioned one more day at the site would be great and even though the City won’t be able to save as many buildings as it had hoped; there are some buildings that could be preserved. She added that East Bay Regional Parks or Lindsay Wildlife may be able to utilize a caretaker home and/or farmhands’ quarters which would be worth preserving if future partners could rehabilitate them. She expressed she would rather save them and reach out to these agencies than demolish them and then learn they could have used them. She shared Lindsay Wildlife mentioned they could use the farmhands’ quarters for bird sanctuaries. She concluded that she would want them to view at least four of the structures before they are demolished.

Mr. Rohani commented that staff can accommodate another tour. He mentioned regarding saving other buildings, staff can reach out to partners and get an idea of their interest level. He added staff wants to ensure any buildings will fit into the broader vision of the park. He shared that staff welcomes the City Council and community to engage in public meetings to discuss the park and staff must work within the confine of the concept plan which will be used in the grant application; therefore, the big picture should be kept in mind.

Mayor Alaura commented she agrees and requested staff invite potential community partners to the meetings.

Mr. Rohani commented he will reach out to community partners and advertise the meetings.

Mr. Montgomery shared that staff had a consultant look at the property and it would cost approximately $50k to rehabilitate the maintenance facility/storage building; however, other buildings on the property started tipping the other way in cost; it would be cheaper to build them new to look as they were. He mentioned staff reached out to the Milk and Dairy Association, but it does not have money to put into the project. He explained that Lindsay Wildlife would have to obtain funding. He gave an example that building #11 on the property would cost $350k to rehabilitate, and most of the buildings would cost $250k to $350k just to get them to a safe condition. He commented it would be cheaper to rebuild than to rehabilitate. He concluded that staff must find a purpose and money if the City Council wishes to rehabilitate any buildings and there may be some things that will need to be done while making the decision such as boardingthem up, replacing roofs to protect from rain, lead paint removal. He shared he doesn’t think it is worth it, but the City Council must make the decision.

Vice Mayor Hardcastle commented he has always had concern with the way government spends money and he always approaches it as if it were his own money, if he would spend it this way (fiscally responsible). He shared he rehabilitated a property in Martinez which was more expensive than to rebuild and he doesn’t believe it is fiscally responsible to rehabilitate.

Mayor Alaura commented she agrees and she is only saying that before the buildings are demolished that they check with other agencies to confirm they do not want a chance to rehabilitate any of the buildings. She explained that she does not want to destroy an opportunity if it may exist.

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Vice Mayor Hardcastle inquired if Mayor Alaura has personally reached out to them to determine their interest.

Mayor Alaura responded she has reached out to Lindsay Wildlife and there was initial interest, but there would be a process involved in which it would have to obtain funding, have it approved by its board; therefore, this would not be an overnight process.

Vice Mayor Hardcastle commented as long as City money is not involved that could be used for parks and other things, he is fine with reaching out to them.

Councilmember Higgins suggested those buildings could be last on the list for demolition and a deadline chould be set when they would need to let the City know whether or not they wish to rehabilitate any buildings.

Mr. Rohani responded that staff will reach out to them, bring them to the site, and they can do their due diligence. He explained the site would be ready for demolition in May and one month should be ample time to get serious interest from any organization with equity in the game and know if they are serious to proceed. He mentioned staff will report to the City Council.

Mr. Montgomery inquired if the City Council would like to identify the buildings to market to them.

Mayor Alaura responded her preference is the two homes and the ranch hand home.

Councilmember Pope inquired how much time the City Council will have for artifact hunting if it approves the contract tonight.

Mr. Rohani responded it would be the entire month of April.

Councilmember Pope made a motion to approve item 5.2.

Councilmember Romick commented it is cheaper to tear down and rebuild than rehabilitate and a new building could be distressed to look like it did before. He suggested pictures could be taken to re-create the structures. He added if the City has partners, it can tear down and build at less expense than restoring and it would probably be safer in the long term. He mentioned staff can reach out to partners, but he thinks their response will be for the City to fund the rehabilitation. He requested staff clean up the property as much as possible before showing.

Councilmember Higgins requested the motion be restated.

Councilmember Pope moved to approve item 5.2 which was seconded by Councilmember Romick. Motion was unanimous and so ordered. (5-0)

5.3 Waive the First Reading and Introduce a Tree Ordinance (Derek Cole, City Attorney)

City Attorney Derek Cole presented the staff report.

Public Works Director/City Engineer Kevin Rohani added that this ordinance will help to provide clarity; it will enable staff to communicate better with residents regarding the responsibilities of tree maintenance.

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Councilmember Romick thanked the City Attorney for providing clarification of provisions in the ordinance and he moved to waive the first reading and introduce the ordinance which was seconded by Vice Mayor Hardcastle. Motion was unanimous and so ordered. (5-0)

6) REPORTS

6.1 CITY MANAGER(a) City Manager

City Manager Bryan Montgomery announced Friday Night Bites will be held April 5 and the Recreation Center will host an Open House Saturday, April 13 beginning at 1pm; he welcomed the community to attend for a tour of the building and to make tiles.

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

Councilmember Higgins reported that Ironhouse Sanitary District met and it is getting some help with the Jersey Island Bridge from the County; the County is actively looking at some bids for that project. She also reported Marin Clean Energy met where they approved its budget for Fiscal Year 19/20 and she attended many community events.

Mayor Alaura reported she attended the National League of Cities’ conference in Washington, D.C. with City of Oakley Associate Civil Engineer Billilee Saengchalern where infrastructure was discussed. She shared she advocated for Oakley’s train platform and they met with two executives from Amtrak to see if they can get movement. She shared upon their return from the conference, they received a phone call from Amtrak’s Oakland office and staff is working with them. She explained the timing was good for them to be there in person to speak with Amtrak executives as they had concern that the Suisun train platform did not go well and they were very pleased discussions are happening early with Oakley’s project. She also reported she met with staff from the offices of Senator Feinstein and Senator Harris to pitch the importance of infrastructure in Oakley and obtain letters of support for the Amtrak project. She shared she also met with Congressman McNerney to present him with a key to the City and a copy of the Oakley Press which he enjoyed and she obtained a letter of support from his office for the project. She shared that the next U.S. Census will be very important to city and schools for resources they need from the State and Federal governments and she hopes outreach will be provided to get the word out that the census is safe and helpful; she encouraged everyone to participate and spread the word. She also reported she attended Youth Government Day hosted by the Oakley Youth Advisory Council and she hopes to grow participation for the event. She shared she went for a ride-along with Meals on Wheels and experienced that drivers not only deliver meals, but friendship and companionship to seniors. She thanked the 20th Anniversary Committee. She announced the next Contra Costa Mayors’ Conference will be held at the Oakley Recreation Center April 4 and it is a public meeting.

Vice Mayor Hardcastle requested clarification regarding the public comment made early in the meeting regarding sanctuary cities and asked if Oakley is not a sanctuary city.

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Mr. Montgomery responded that is correct (Oakley is not a sanctuary city).

(b) Requests for Future Agendas

Councilmember Pope inquired what the City’s policy is on impromptu street memorials, how long they can exist and when they must be cleaned up.

Mr. Montgomery responded that the City tends to leave them alone for a couple of weeks and the family can pick up the items or City staff can bring memorial items to the family’s home. He shared that City staff has brought memorial items to churches for the family to pick up and the Police Chaplin also can deliver items to the family.

Councilmember Pope requested firmer guidance in that memorial items should be removed within one week.

Mr. Montgomery responded staff will bring back a policy.

7) WORK SESSION

8) CLOSED SESSIONS

8.1 CONFERENCE WITH LABOR NEGOTIATORS-Labor Negotiations with the Oakley Police Officers AssociationPursuant to Government Code Section 54957.6(a)City Designated Representative: Bryan Montgomery, City Manager Represented Employees: Employees Covered by the Police Officers Association

8.2 Report Out of Closed Session (Derek Cole, City Attorney)

There was no reportable action.

9) ADJOURN

There being no further business, the meeting was adjourned at 10:10 p.m.

Respectively Submitted,

Libby VreonisCity Clerk

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Date: March 27, 2019

To: Mayor and Members of City Council

Cc: Bryan Montgomery, City Manager

From: Derek P. Cole, City Attorney

Subject: Closed Session Report-Out Memo

FOR CONSIDERATION AT THE CITY COUNCIL MEETING OF APRIL 9, 2019

Background and AnalysisThe City Council considered the following closed session items at its meeting held March 26, 2019:

1. CONFERENCE WITH LABOR NEGOTIATORS-Labor Negotiations with the Oakley Police Officers AssociationPursuant to Government Code Section 54957.6(a)City Designated Representative: Bryan Montgomery, City ManagerRepresented Employees: Employees Covered by the Police Officers Association

No reportable action was taken.

Fiscal ImpactNone.

RecommendationReceive and file this report.

AttachmentsNone.

MEMORANDUMOffice of the City Attorney

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Ordinance No. XX-19 1 of 4

CITY OF OAKLEY

ORDINANCE NO. XX-19

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEYREZONING 5 PARCELS COMPRISED OF 21.3-ACRES LOCATED AT 1731 MAIN STREET (APN’S 37-100-048, 037-100-049, 037-100-13, 19 AND 23) FROM THE

GENERAL COMMERCIAL (C) DISTRICT TO THE P-1 (PLANNED UNIT DEVELOPMENT) DISTRICT

WHEREAS, on September 20, 2018, MLC Holdings, Inc., (“Applicant”) submitted an application requesting approval of: 1) a General Plan Amendment (GPA 02-18) to amend the land use designation from Commercial (CO) to Multi-Family, Low Density (ML); 2) a Rezone (RZ 05-18) from the General Commercial (C) District to the Planned Development (P-1) District; 3) a Tentative Map to subdivide the 21.3-acre site consisting of 5 parcels into 153 single family lots; and 4) Design Review (DR 06-18) for the home designs, site landscaping, fence plans and site design. The project site is located at 1731 Main Street. APN’s: 037-100-048, 037-100-049, 037-100-13, 19 and 23.(“Project”); and

WHEREAS, the proposal complies with the requirements of the rezoning application requirements of Section 2.4.012 (a) of the Oakley Municipal Code; and

WHEREAS, the Applicant has initiated a project to change the zoning for the property from the General Commercial (C) District to the Planned Development (P-1) District; and

WHEREAS, the City prepared an Initial Study/Mitigated Negative Declaration dated March 2019, which was circulated for public review and comment from February 4, 2019 to March 5, 2019. The Notice of Intent to Adopt a Negative Declaration and Initial Study/Mitigated Negative Declaration were filed with the Governor’s Office of Planning and Research State Clearinghouse and the County Clerk, on February 4, 2019; and

WHEREAS, on March 14, 2019, the Notice of Public Hearing for the Project was duly noticed in the Contra Costa Times, a newspaper of general distribution. On March 14, 2019, the Notice of Public Hearing was posted at Oakley City Hall located at 3231 Main Street, outside the gym at Delta Vista Middle School located at 4901 Frank Hengel Way, outside the library at Freedom High School located at 1050 Neroly Road. The notice was also mailed out to all owners of property within a 500-foot radius of the subject property’s boundaries, to parties requesting such notice, and to outside agencies; and

WHEREAS, on March 26, 2019, the City Council adopted Resolution XX-19adopting the Negative Declaration and General Plan Amendment; and

The City Council of the City of Oakley does ordain as follows:

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Ordinance No. XX-19 2 of 4

SECTION 1. FINDINGS. Pursuant to Chapter 2.4.012 of the Oakley Municipal Code, the City Council of the City of Oakley hereby finds and determines as follows:

a. The change proposed will substantially comply with the general plan:

The proposed rezone to the Planned Development (P-1) District in conjunction with the proposed Multi-Family, Low Density (ML) will provide for residentially zoned land adjacent to an existing commercial shopping center. The influx of new residents in an area that can support the existing commercial uses will provide a benefit to those businesses and the City. It is not uncommon for more dense residential land use designations to front on arterials which then allows lower density land use designations and this proposal would provide for that.

b. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts:

The proposed change in the Zoning from General Commercial (C) District to the Planned Development (P-1) District will result in providing new residents directly adjacent to an existing commercial shopping center. It is not uncommon for higher density residential projects to front on major arterial roads. There is also a high density multi-family residential affordable housing complex just north of this project site. The proposed land use will be compatible with the surrounding land uses.

c. Community need, but not necessarily future financial success, has been demonstrated for the use proposed:

Community need, but not necessarily future financial success, has been demonstrated for the use proposed in that the proposed zone change will add new residential units to an area that will support the existing commercial establishments (Goal 2.2.6 of the General Plan) byencouraging higher density residential development at locations within convenient walking distance of Downtown, shopping centers, and busroutes.

SECTION 2. Property Defined and Rezoned.

Pursuant to Section 2.4.012 of the Oakley Municipal Code, the Oakley Zoning Map is amended to rezone the following property from General Commercial (C) District to the Planned Development (P-1) District:

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Ordinance No. XX-19 3 of 4

A. Approximately 21.3-acres of real property located at 1731 Main Street (APN’s: 037-100-048, 037-100-049, 037-100-13, 19 and 23), as shown on the “Exhibit A” attached to this ordinance.

SECTION 3. Applicable Regulations and Standards.

A. Planned Unit Development (P-1) District – The P-1 District shall allow for Multi-Family Residential development consistent with The Village at Main project application consisting of 153 single family lots at a density of 7.23 dwelling units per gross acre. The Development Standards of the P-1 District are contained within the Final Development Plan, Sheet P-1 of the Plan Set approved with the project on March 26, 2019.

SECTION 4. California Environmental Quality Act (CEQA) Finding.

Pursuant to California State Law, an Initial Study was conducted by the Planning Division to evaluate the potential effects of this project upon the environment. The Initial Study analysis found there were no potentially significant impacts, and therefore a Mitigated Negative Declaration was prepared. Based upon the findings contained in the Initial Study it has been determined that this project will not have a significant impact upon the environment.

SECTION 5. Severability.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be held unconstitutional, invalid or unenforceable.

SECTION 6. Effective Date and Posting.

This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk shall cause the ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation, or by publishing a summary of the proposed ordinance, posting a certified copy of the proposed office in the City Clerk’s Office at least five (5) days prior to the City Council meeting at which the ordinance is to be adopted, and within fifteen (15) days after its adoption, publishing a summary of the ordinance with the names of the Council Members voting for and against the ordinance.

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Ordinance No. XX-19 4 of 4

The foregoing ordinance was adopted with the reading waived at a regular meeting of the Oakley City Council on __________________, 2019 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:

__________________________________________Claire Alaura, Mayor Date

ATTEST:

________________________________________Libby Vreonis, City Clerk Date

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Ordinance No. Page 1 of 5

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEYAMENDING CHAPTER 6.13 RELATED TO STREET TREES AND CITY TREES IN THE CITY OF OAKLEY.

THE CITY COUNCIL OF THE CITY OF OAKLEY DOES ORDAIN AS FOLLOWS:

SECTION 1. Upon the effective date of this Ordinance, Oakley Municipal Code section 6.13.004 shall be amended to read as follows:

6.13.004 Definitions.

a. “Approved street tree” means a street tree planted as the result of an approved project or subdivision or as a replacement to a removed or damaged street tree that conforms to a species on the City’s approved street tree list.

b. “City tree” shall mean any tree, the trunk of which is partially or completely located in a city park or on other real property the city owns in fee.

c. “Critical root zone” shall mean a defined circular area around a tree with a radius measured to the nearest foot of the tree's longest dripline radius plus one foot.

d. “Director” means Public Works Director or his/her appointed representative.

e. “Maintaining” or “maintenance” of a tree means and includes pruning, trimming, clipping, topping, spraying or treating for pests, mulching, staking, bracing or cabling, or otherwise caring for the tree to sustain its life.

f. “Nonconforming tree” means a street tree which is not an approved tree.

g. “Hazardous condition” shall mean any tree that is or appears to be (i) dead; (ii) likely to fall; (iii) seriously diseased; (iv) an obstruction or potential obstruction to pedestrian or vehicular travel in any street or sidewalk; (v) an obstruction or potential obstruction to any traffic signs, traffic controls, streetlights, regulatory sign, or similar type of equipment or sign; or (vi) in a condition that is detrimental to the public health, safety, or general welfare.

h. “Private tree” means a tree located on property not within a public right-of-way, public easement or on public property.

i. “Street tree” means a tree intentionally planted or growing within a public right-of-way or public easement within the City, whether or not that tree is located within the physical front or corner side yard of a residence or other property.

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Ordinance No. Page 2 of 5

j. “Street tree permit” means a written or printed authorization issued by the City Public Works Department.

k. “Minor tree pruning” shall refer to the removal of diseased, dead, interfering or obstructing branches or roots, or training of young trees to enhance structure, health and stability. If more than twenty percent (20%) of the overall treecanopy or roots within the critical root zone are desired to be removed, a permit is required.

SECTION 2. Upon the effective date of this Ordinance, Oakley Municipal Code section 6.13.008 shall be amended to read as follows:

6.13.008 Maintenance – Street Trees; City Trees; Other Vegetation.

a. The property owner of a lot or portion of a lot adjacent to or fronting on any portion of a street shall maintain and replace, if necessary, any street tree adjacent to or fronting on the subject property in such condition that the street tree complies with this chapter. Each property owner shall plant and replace any removed or otherwise missing street trees with the same kind or one that is approved by the City.

b. A property owner of a lot or portion of a lot adjacent to or fronting on any portion of a street shall owe a duty to members of the public using streets to maintain any street tree or other vegetation such that the street tree or other vegetation is not in a hazardous condition for users of the streets. For purposes of this section, maintenance of a street tree or other vegetation includes, but is not limited to: watering, pruning of branches and roots, fertilizing, pest control, removal of branches, leaves, and other debris, weed abatement, and protection of the critical root zone.

c. A property owner required by this section to maintain any street tree or other vegetation shall comply with the following:

1. Provide the necessary maintenance so that the street tree or other vegetation is not in a hazardous condition or in a condition that will likely become a hazardous condition.

2. Provide the necessary maintenance, including branch and root maintenance, such that the street tree or other vegetation is not causing, or threatening to cause, damage to any structure or fixture, including but not limited to sidewalks, water, irrigation and sewer lines, pools, or buildings on the property or on any adjacent property. Necessary maintenance of roots includes, but is not limited to, pruning tree or other vegetation roots or installing a root barrier.

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Ordinance No. Page 3 of 5

3. Provide the minimum vertical pedestrian clearance from the top of the sidewalk and minimum vertical vehicular clearance from the top of the pavement, to any part of a street tree or other vegetation as required by Section 4.29.402 of this Code.

4. Provide adequate clearance around the street tree or other vegetation to ensure unobstructed pedestrian and vehicular view of all authorized traffic signals, traffic cameras, street lights, regulatory signs, street name signs, and other similar type of equipment or signs.

5. Remove leaves and other debris from a street tree or other vegetation upon the lot. The owner shall not allow the accumulation of fallen leaves and other debris in violation of Section 4.29.402 and 4.29.404.

d. If any property owner fails to maintain any adjacent street tree or other vegetation in a nonhazardous condition as required by this section, and any person suffers damage or injury to person or property, the property owner shall be liable for all damages or injuries caused by the failure of the owner to maintain the adjacent street tree or other vegetation in a non-hazardous condition.

e. The owner of any lot adjacent to a park or other real property owned by the City shall, at his or her expense, remove any leaves and other debris that fall from any city tree onto the owner’s property. The owner shall not allow the accumulation of fallen leaves and other debris in violation of Sections4.29.402 and 4.29.404.

f. The owner of any lot adjacent to a park or other real property owned by the City shall maintain any city tree or vegetation, if at least partially located on the owner’s property, to avoid causing, or threatening to cause, damage to any structure or fixture, including but not limited to sidewalks, water, irrigation and sewer lines, pools, or buildings, on the city park or property or on any adjacent property. Maintenance includes, but is not limited to, pruning of tree roots and/or branches or installing a root barrier.

g. The owner of any lot adjacent to a park or other real property owned by the City in fee, may, without a permit, engage in minor tree pruning for any city tree or other vegetation that is upon the lot.

SECTION 3. Upon the effective date of this Ordinance, Oakley Municipal Code section 6.13.010 shall be amended to read as follows:

6.13.010 Permit Required.

a. No person may plant, injure, remove or interfere with a street tree or city tree, or trim, prune, or do maintenance work on a street tree or city tree in a

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Ordinance No. Page 4 of 5

manner that removes more than twenty percent (20%) of the canopy or prunes tree roots within the critical root zone, without first obtaining a street tree permit from the Public Works Department. The permit shall be issued only for work to be done in compliance with this chapter and shall be issued without a fee. The Director has discretion as to whether the work shall be conducted by a licensed arborist or contractor, or may be conducted by the home owner/permit applicant. The Public Works Department shall supervise work done under a permit.

b. If a person obtains a building permit or entitlement for development from the Planning Department, and street or city tree work is required or authorized under that permit, the person need not obtain a separate street tree permit. The Planning Department shall notify the Public Works Department of any permit requiring street or city tree work. The Public Works Department shall supervise street or city tree work under the permit.

SECTION 4. CEQA.

The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and it concerns continuing maintenance activities.

SECTION 5. SEVERABILITY.

The City Council of the City of Oakley hereby declares that should any section, paragraph, sentence, phrase, term or word of this Ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this Ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.

SECTION 6. EFFECTIVE DATE.

This Ordinance shall become effective thirty (30) days after adoption.

SECTION 7. PUBLICATION.

The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in a newspaper of general circulation, published and circulated in the City of Oakley.

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Ordinance No. Page 5 of 5

PASSED, APPROVED AND ADOPTED this 26th day of March, 2019 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:

_________________Claire Alaura, Mayor

ATTEST:

___________________________ _________________Libby Vreonis, City Clerk Date

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STAFF REPORT

Approved and Forwarded to the City Council

Date: April 9, 2019

To: City Council

From: Bryan Montgomery, City Manager

Subject: Adoption of a Resolution Supporting the 2020 Census

Background and Analysis

A complete and accurate count in the upcoming Census is very critical to ensure that Oakley residents and all Californians get their fair share of federal and state resources and that the proper Congressional representation is afforded to the State.

Efforts are well underway to encourage residents to participate in the Census and more information can be found on the U.S. Census website at https://www.census.gov/en.html, and on the State’s “Be Counted California!” site: https://census.ca.gov/.

Supervisor Diane Burgis is chair of the County’s Complete Count Steering Committee and more information on those efforts can be found at: www.cccounty.us/census2020City staff will be following up on recommendations of this Committee and will use all media formats to help encourage Oakley residents to participate in the Census.

Attached is a resolution affirming the City Council’s support for the Census effort.

Fiscal ImpactNone to this action. A complete and accurate count of Oakley residents has a very significant fiscal impact.

Staff Recommendation Staff recommends the City Council approve the resolution supporting the 2020 Census.

Attachments1. Resolution2. Census Flyer

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RESOLUTION NO._________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY, CALIFORNIAIN SUPPORT OF THE 2020 CENSUS

WHEREAS, the U.S. Census Bureau is required by Article I, Section 2 of the U.S. Constitution to conduct an accurate count of the population every ten years; and

WHEREAS, the next enumeration will be April 1, 2020 and will be the first to rely heavily on online responses; and

WHEREAS, the primary and perpetual challenge facing the U.S. Census Bureau is the undercount of certain population groups; and

WHEREAS, that challenge is amplified in California, given the size of the state and the diversity of communities; and

WHEREAS, California has a large percentage of individuals that are considered traditionally hard to count; and

WHEREAS, these diverse communities and demographic populations are at risk of being missed in the 2020 Census; and

WHEREAS, California receives nearly $77 billion in federal funding that relies, in part, on census data; and

WHEREAS, a complete and accurate count of California’s population is essential; and

WHEREAS, the data collected by the decennial Census determines the number of seats each state has in the U.S. House of Representatives and is used to distribute billions of dollars in federal funds to state and local governments; and

WHEREAS, the data is also used in the redistricting of state legislatures, county boards of supervisors and city councils; and

WHEREAS, the Census is a massive undertaking that requires cross-sector collaboration and partnership in order to achieve a complete and accurate count; and

WHEREAS, California’s leaders have dedicated a historic amount of funding and resources to ensure that every Californian is counted once, only once and in the right place; and

WHEREAS, this includes coordination between tribal, city, county, state governments, community-based organizations, education, and many more; and

WHEREAS, U.S. Census Bureau is facing several challenges with Census 2020, including constrained fiscal environment, rapidly changing use of technology, declining response rates, increasingly diverse and mobile population, thus support from partners and stakeholders is critical; and 38

WHEREAS, California is kicking-off its outreach and engagement efforts in April 2019 for the 2020 Census; and

WHEREAS, the City of Oakley, in partnership with other local governments, the State, businesses, schools, and community organizations, is committed to robust outreach and communication strategies, focusing on reaching the hardest-to-count individuals; now, therefore, be it

BE IT RESOLVED that the City Council of the City of Oakley, California recognizes the importance of the 2020 U.S. Census and supports helping to ensure a complete, fair, and accurate count of all Californians. job classifications and related disclosure categories as set forth in Section 2.9.008(a) of the Oakley Municipal Code arehereby updated as provided in the attached Exhibit “A”, and is hereby approved by the Oakley City Council.

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 9th of April, 2019 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:

__________________________Claire Alaura, Mayor

ATTEST:

______________________________________Libby Vreonis, City Clerk Date

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40

STAFF REPORT

Approved and Forwarded to the City Council

DATE: April 9, 2019

TO: Bryan Montgomery, City Manager

FROM: Kevin Rohani, P.E., Public Works Director/City Engineer

SUBJECT: Adopt a Resolution for the Purchase of Traffic Signal Poles and Equipment from AZCO Supply Inc. for the Empire Avenue/Gateway Drive Signalization Project – CIP 230

Background and AnalysisThe City’s adopted FY 2018/19 Capital Improvement Program (CIP) Budget designates funding for various infrastructure repair and replacement projects. This is consistent with the City’s goals to improve the quality of the City’s public infrastructure and to enhance the quality of life for our residents.

The intersection of Empire Avenue and Gateway Drive is a busy intersection in the City of Oakley on an arterial road that is not signalized. With the increasing vehicular traffic on Empire Avenue, it has made crossing the four lane arterial difficult for pedestrians and for motorists turning out of Gateway Drive. This intersection is also located next to Crockett Park which is a common destination from the residents who live east of Empire Avenue.

Currently, this intersection has a lighted pedestrian crosswalk system with flashing beacons. CIP 230 will install a complete traffic signal system for a three legged intersection to replace the pedestrian crosswalk system, which will improve the safety for motorists and pedestrians.

The construction contract for the installation of the new traffic signal system was awarded by the City Council at its meeting on March 26, 2019. Staff has determined, that by ordering the signal poles and associated hardware directly from the manufacturer, the City will save on the contractor mark-up, and get a better value for the community.

Fiscal ImpactThe funding for this project is fully funded from the Traffic Impact Fee fund.

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Staff Recommendation Staff prepared the list of traffic signal poles and its associated hardware for the project,and solicited bids from traffic signal equipment suppliers and received 2 proposals for the project as follows:

AZCO Supply Inc. $36,592.83JAM Services Inc. $39,132.38

Staff recommends that the City Council adopt the resolution approving the purchaseof the signal poles and associated equipment from AZCO Supply Inc. in the amount of $36,592.83.

Attachments1) Resolution

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Resolution No. __-19 Page 1

RESOLUTION NO. __-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING THE PURCHASE OF SIGNAL POLES AND THE ASSOCIATED EQUIPMENT FROM AZCO SUPPLY INC. FOR THE EMPIRE AVENUE AND GATEWAY DRIVE SIGNALIZATION PROJECT – CIP 230

WHEREAS, TJKM, Inc. prepared the plans, specifications, and estimates for the Empire Avenue and Gateway Drive Signalization project; and

WHEREAS, this project involves construction of a new traffic signal at this intersection; and to keep the project on schedule, traffic signal poles and associated equipment have to be pre-ordered due to the long lead time it takes to manufacture the equipment; and

WHEREAS, staff prepared specifications and solicited bids for the purchase of the traffic signal equipment, and AZCO Supply Inc. submitted the lowest cost for the purchase at $36,592.83; and

NOW, THEREFORE, BE IT RESOLVED, for the City Council of the City of Oakley to approve and authorize the purchase of traffic signal equipment from AZCO Supply Inc. in the amount of $36,592.83 for the CIP 230 – Empire Avenue and Gateway Drive Signalization project.

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 9th of April, 2019 by the following vote:

AYES:NOES:ABSENT: ABSTENTIONS:

APPROVED:

_______________________Claire Alaura, Mayor

ATTEST:

Libby Vreonis, City Clerk Date

43

STAFF REPORT

Approved and Forwarded to the City CouncilDate: April 9, 2019

To: Bryan H. Montgomery, City Manager

From: Kevin Rohani, P.E. Public Works Director/City Engineer

Subject: Acceptance of Subdivision Improvements Associated with Subdivision 9183 (Stonewood 3 Unit 1 located at southwest corner of the west leg of Little Ranch Circle)

Background and AnalysisOn October 25th, 2016, the City Council of the City of Oakley adopted Resolution No. 164-16 which approved the subdivision improvement agreement associated with Subdivision 9183 and required West Coast Home Builders, a California Corporation (West Coast Home Builders), to construct approximately $107,019 in grading and public improvements.

West Coast Home Builders has since completed all of the required improvements and constructed the houses within the subdivision. At this time, West Coast Home Builders has requested that the City accept the improvements for maintenance. The Public Works Inspector has completed a final inspection of all public improvements and has found them to be in substantial compliance with the approved plans. Acceptance of the improvements will begin a one-year warranty period, and at the end of that time, West Coast Home Builders will be required to repair any defective construction.

Fiscal ImpactUpon acceptance of the improvements, the City will be obligated to maintain them. Preventative street maintenance for public roadway and storm drains are currently funded using Gas Tax, Measure C and Stormwater Utility Assessments.

Staff Recommendation Staff recommends that the City Council adopt the Resolution accepting the subdivision improvements associated with Subdivision 9183 and beginning the one-year maintenance period for the Improvements.

Attachments1) Resolution Accepting the Improvements

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RESOLUTION NO. __-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY, CALIFORNIA, ACCEPTING THE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH SUBDIVISION 9183 STONEWOOD 3 UNIT 1 AND BEGINNING THE ONE-YEAR WARRANTY PERIOD FOR THE SUBDIVISION IMPROVEMENTS

WHEREAS, on October 25th, 2016, the City Council of the City of Oakley adopted Resolution No. 164-16 authorizing the City Manager to enter into a subdivision improvement agreement with West Coast Home Builders, a California Corporation (West Coast Home Builders), for public improvements associated with Subdivisions 9183. At the same time the City adopted Resolution 165-16 approving the final map for the project; and

WHEREAS, West Coast Home Builders has completed the Subdivision Improvements associated with Subdivision 9183 as required in the above referenced agreement; and

WHEREAS, the City of Oakley Public Works and Engineering staff has inspected the Subdivision Improvements and has determined that said improvements have been constructed in substantial compliance with the approved improvements plans for Subdivision 9183; and

WHEREAS, the City Clerk’s Statement on the Subdivision 9183 Final Map states that the City Council did accept, subject to improvement, any streets, roads, avenues, or easements shown on the map as dedicated to public use.

NOW THEREFORE, the City Council of the City of Oakley hereby resolves as follows:

a) The Subdivision Improvements associated with Subdivision 9183 have been accepted for public maintenance including the project frontage along Little Ranch Circle; and

b) The one-year warranty period required by the agreement for Subdivision Improvements has begun as of the date of adoption of this resolution and that West Coast Home Builders shall repair any defective subdivision improvements associated with Subdivision 9183, as identified by City personnel, so long as the defective improvements are identified within one-year of the date of adoption of this resolution; and

c) In accordance with the City Clerk’s Statement on the Subdivision 9183 Final Map, the roads, avenues, or easements shown on the map as dedicated to public use are accepted.

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PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 9th of April, 2019 by the following vote:

AYES:NOES:ABSENT: ABSTENTIONS:

APPROVED:

___________________Claire Alaura, Mayor

ATTEST:

Libby Vreonis, City Clerk Date

46

STAFF REPORT

Approved and Forwarded to the City Council

DATE: April 9, 2019

TO: Bryan Montgomery, City Manager

FROM: Kevin Rohani, P.E. Public Works Director/City Engineer

SUBJECT: Fiscal Year 2018/19 Third Quarter Report on the Capital Improvement Program

Background and Analysis

This report summarizes the status of the various projects in the City of Oakley Capital Improvement Program (CIP) at the end of the third quarter for FY 2018/19.

The City's CIP is a multi-year forecast of capital needs that include new construction projects and planned improvements of existing facilities. The CIP establishes structure by identifying, prioritizing, approving, and the funding of capital improvement projects. Since the demand for capital projects typically exceeds the amount of available funds,projects are prioritized based on the City Council’s strategic goals.

The following highlights CIP project progress in the third quarter of FY 2018/19 (January-March 2019):

1. Oakley Recreation Center Project

Project # 194Schedule: Construction is completedBudget: $8,914,000Funding Source: Capital Projects Fund, Grant

This project will construct a new Recreation Facility at the old Moura Property on O’Hara Avenue where temporary modular buildings have been used for the recreational programs of the community. The project has had several key components including: rough grading and earthwork, intersection and traffic signal construction at O’Hara Avenue/Chianti Way, utility infrastructure improvements, and lastly the construction of the new Recreation Center building and its associated on-site infrastructure. The grand opening of this beautiful new facility is set for April 13, 2019.

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2. Laurel Road/Rose Avenue Intersection Improvement Project

Project # 191Schedule: Construction is currently underwayBudget: $2,400,000Funding Source: Transportation Impact Fee (TIF) Fund

The intersection of Laurel Road and Rose Avenue is a major intersection in the City of Oakley, on an arterial road that is not signalized. Currently, this intersection operates as a four-way stop and has one lane of traffic in each direction. This project will widen the intersection, construct a new traffic signal, and improve the traffic flows on Laurel Road at Rose Avenue. This project is in conjunction with the private development project (Aspen Place) that will pay to widen the south side of Laurel Road to the west along the development site; and the City of Oakley’s Capital Improvement Project (CIP # 196) which will widen Laurel Road from Rose Avenue to Mellowood Drive. The relocation of PG&E and Western Area Power (WAPA) poles has been completed and roadway construction of this project is starting in April.

3. Laurel Road Widening Project (Rose Avenue to Mellowood Drive)

Project # 196Schedule: Construction is currently underwayBudget: $3,400,000Funding Source: Transportation Impact Fee (TIF) Fund

This section of Laurel Road between Rose Avenue and Mellowood Drive is a narrow 2 lane road that cannot accommodate the traffic demands of the community. Laurel Road is a major arterial street in Oakley, and a direct connection to Highway 4. This project required PG&E power pole relocations that started in December 2018; and are were completed in January 2019. This project is in conjunction with a private development project (Duarte Ranch) that will pay for the widening of the south side of Laurel Road to the east of Rose Avenue; and the City of Oakley’s Capital Improvement Project (CIP # 191) which will reconstruct the Laurel/Rose intersection. The construction of this project is currently underway.

4. Laurel Road Reconstruction Project (Mellowood Drive to Main Street)

Project # 208Schedule: Design is currently underwayBudget: $175,000Funding Source: Transportation Impact Fee (TIF) Fund

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This project will reconstruct and improve Laurel Road in the section from Mellowood Drive to Main Street, which has been in need of roadway reconstruction due to the heavy concentration of Sierra-Crete that had been used decades ago by the County. This roadway has required frequent and costly repairs. The construction of this project will complement the adjacent roadway improvement project on Laurel Road (Rose Avenue to MellowoodDrive) CIP 196. The scope of this project includes: removal of all failed base materials and Sierra-Crete and replacement with proper aggregate basematerial, placement of new curb, gutter, and sidewalk, improving the landscaping and irrigation, and modifying the traffic signal at the intersection of Main Street/Laurel Road. The modification will construct the protected double left turn from Laurel Road to Main Street to accommodate the traffic demands.The final part of the project will be the paving and striping. The design of this project is underway and once funding gets allocated, the construction will take place in FY 2020/21.

5. 3330 Main Street Building Remodeling Project

Project # 198Schedule: Construction is underwayBudget: $350,000Funding Source: Downtown Revitalization Fund

The City of Oakley is renovating the vacant upstairs space of the City owned building located at 3330 Main Street, to house the Oakley Entrepreneur Center. Oakley’s Economic Development program works to meet the needs of the existing Oakley small business community. It is anticipated that approximately 10 to 15 small businesses could be located in the center. The City has owned the building for a number of years, and previously the City renovated the bottom floor to accommodate Guanatos Ice Cream shop, as well as the Chamber of Commerce. The Entrepreneur Center will contain individual offices and conference rooms, a break room, and will be serviced by a new elevator. The construction of this project is currently underway and anticipated to be completed by spring 2019.

6. Downtown Train Platform Station and Parking Lot Phase 1 Project

Project # 205Schedule: Design is underwayBudget: $563,613Funding Source: Main Street Fund

The Downtown Oakley Train Platform Station and Parking Lot Project features a new San Joaquin Joint Power Authorities train station platform located north of Main Street between 2nd Street and O’Hara Avenue. The station platform is

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strategically located in downtown on Main Street, adjacent to a future Main Street Plaza that could be used for civic events and markets. The new parking lot is anticipated to provide over 300 parking spaces, and is a big part of the future for Downtown Oakley. The San Joaquin Joint Power Authorities havesecured a grant for the construction of the platform station. The City will need to fund the design and construction of the roadway, parking lot, and other public infrastructure that will be adjacent to the platform station. The City has hired a consultant team to design the above referenced public infrastructure part of this project. The construction costs will be allocated in the FY 2019/20 City budget. The design of the entire railroad platform station, roadway and parking lot infrastructure project is on a fast track and the completion of the construction is anticipated by winter 2020.

7. New Fire Station #55 Construction Project

Project # 217Schedule: Construction is underwayBudget: $3,600,000Funding Source: Developer Contribution

The conditions of approval for the Summerlake Subdivision had required the developer to construct a new Fire Station on East Cypress Road just north of the subdivision. This task has been delayed for some years, and a settlement was finally reached late last year between the City and the developer. A design-build team has been selected by the City, and the design portion of the project is complete and the plans have been submitted. Construction is currently underway and completion of the project is anticipated by the early summer of 2019.

8. Athletic Field at Nunn-Wilson Park Project

Project # 206Schedule: Project design is underwayBudget: $700,000Funding Source: Park Impact Fee (interfund loan from the General Fund)

The existing storm drain basin at the intersections of Laurel/Brown/Oxford has been in place for many years and is under-utilized. This project will address a growing need in the community for athletic fields, and also compliment the Koda Dog Park which was constructed next to this site last year. The new athletic field will be similar to the Freedom High School Stormwater Basin, except on a smaller scale. The project design is currently underway with the construction planned for the summer of 2019.

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9. Senior Center Renovation Project

Project # 207Schedule: Project construction is underwayBudget: $148,000Funding Source: Community Development Block Grant (CDBG) and General Capital Fund

The City of Oakley uses the former fire station building located at 215 2nd Street for the headquarters of the Oakley Senior Citizens group. The building is in need of rehabilitation before being fully utilized for Senior Center activities. The rehabilitation project includes Americans with Disabilities (ADA) improvements to the front and rear entrances and doors, restroom additions, widening of interior thresholds for ADA accessibility, interior finishes and painting, parking lot improvements for ADA compliances. The first phase of this project which improved the parking lot was completed in fall 2018. The interior renovation is currently underway and expected to be completed by spring 2019.

10. Vintage Parkway Repair and Rehabilitation Project

Project # 214Schedule: Project design is underwayBudget: $1.5MFunding Source: One Bay Area Government Grant (OBAG) grant, General Capital Fund

This Project will reconstruct and improve Vintage Parkway from Main Street to Big Break Road. Each year the pavement conditions change due to wear and tear, and streets must routinely undergo preventative maintenance to ensure their functionality. Vintage Parkway is a 2 lane collector street that serves nearly 1,200 households in the neighborhoods north of the railroad tracks. Vintage Parkway is part of the Federal Highway System and qualifies for the One Bay Area Government Grant (OBAG). The OBAG grant is approximately $960,000 which will go towards the construction costs for the rehabilitation. The design of this project is currently under way, with the construction to take place during FY 2019/20.

11. Downtown Parking Lot Construction Project

Project # 215Schedule: Project design is underwayBudget: $850,000Funding Source: General Capital Fund, Main Street Fund

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In continuing the implementation of the Strategic Goals of the City Council to improve and enhance Downtown Oakley, this project will construct a new parking lot. The new parking lot construction will be in collaboration with the development project at the intersection of Main Street and Norcross Lane,which will construct a new modern Medical Office building. The agreement between the developer and the City, which requires the City to construct the parking lot in coordination with the developer constructing the new Medical Office. The design of both projects is currently under way and it is anticipated that the parking lot construction will start by summer 2019 and the Medical Office construction by fall 2019.

12. FY 2018/19 ADA Implementation Project

Project # 224Schedule: Project construction is completedBudget: $50,000Funding Source: Gas Tax

The full implementation of the City’s ADA Transition Plan will take years to accomplish due to its costs, which are in excess of $100M. The City of Oakley as part of the annual Capital Improvement Program (CIP) will allocate funding to start the process of improving the City’s public infrastructure to implement the ADA Transition Plan. For FY 2018/19, the ADA Implementation Plan included reconstructing several old and non-standard curb ramps on O’Hara Avenue and Norcross Lane. These areas were used heavily by pedestrians and by individuals with disabilities, and were determined to be high priority for improvement.

Fiscal Impact

Each project listed in this report has a budgeted source of funds which have been approved by the City Council. These sources include Grants, Gas Tax, Measure J Sales Tax, Traffic Impact Fees, General Fund, Main Street Fund, and other Special Use funds. There is no fiscal impact associated with this CIP Update, this report is solely for informational purposes.

Staff Recommendation

The Oakley City Council should provide comments and input to staff on the CIP report for the third quarter of FY 2018/19.

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