AGENDA
REGULAR JOINT MEETING OF THE OAKLEY CITY COUNCIL/OAKLEY CITY
COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY
REDEVELOPMENT AGENCY/OAKLEY PUBLIC FINANCING AUTHORITY
Tuesday, November 14, 2023
6:30 PM
Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561.
Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065.
MISSION STATEMENT: The City of Oakley will create a resilient future that fosters and attracts a vibrant and evolving community that welcomes and values all people.
VISION STATEMENT: The City of Oakley celebrates our unique Delta lifestyle and small-town feel where we Live in a safe, dynamic community, Work together to build the future, and Play in our own backyard.
Agendas are posted in Oakley at Oakley City Hall-3231 Main Street, outside the gym at Delta Vista Middle School-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 for public review prior to an Oakley City Council and/or City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority meeting at Oakley City Hall, 3231 Main Street, 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 Oakley Public Financing Authority regarding any item on this agenda will be made available for public inspection, during regular business hours, at the front counter in the Main Lobby of the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561. Agendas may be picked up at the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561 for no charge. To request information regarding placement on the City’s agenda e-mail distribution list, please contact us at (925) 625-7000.
The City of Oakley provides social media options to stay connected to City Hall through Facebook, Twitter, Next Door and Instagram. Other opportunities to connect with City Hall include Engage In Oakley, Oakley OnDemand on the City's website, and by emailing [email protected].
If you have a physically challenging condition and require special accommodations, please call the City Clerk’s office at (925) 625-7000.
Please keep cell phones/electronic devices turned off during the meeting. Please be advised that City Council meetings are video recorded and attendees may appear on video.
Information Regarding Public Comment
Members of the public may address the Council on items of interest that are within the City’s jurisdiction. In compliance with State law, the council may not take actionor have discussion on any item that is not specifically listed on the agenda. Public comment on items not listed on the agenda will be heard under the Public Comments section of the agenda. Public comments on items listed on the agenda will be heard as the Mayor calls the items. In compliance with State law, the Council may not take action on an item that is not specifically listed on the agenda. If you would like to speak on any agenda item, please fill out a public speaker card available in the lobby and submit it to the City Clerk seated in the Council Chamber prior to the agenda item being called. The Mayor will call you by name to the podium to hear your comment.
PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. Online public comments are accepted until 5 p.m. the day of the meeting and can be submitted at
https://www.ci.oakley.ca.us/online-public-comment-card/.
1.OPENING MATTERS
Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
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
1.2 Pledge of Allegiance to the Flag (DJ Whigham, Iron House Elementary School Student)
1.3 Proclamation Recognizing Law Enforcement Records and Support Personnel Day (Paul Beard and PD Staff)
Proclamation
1.4 Presentation on the Marsh Creek Watershed Council (MCWC) and Friends of Marsh Creek Watershed (FoMCW) (Victoria Woolfolk, Watershed Conservation Coordinator, Contra Costa Resource Conservation District)
2.PUBLIC COMMENTS
At this time, the public is permitted to address the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority on non-agendized items.
3.CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority with one single action. Members of the audience, Staff or the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor remove the item. The public may request to remove an item(s) to provide input by completing a public speaker card and submitting it to the City Clerk prior to the item(s) being called by the Mayor.
3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency and Special Meeting of the Oakley Financing Authority Meeting Held October 24, 2023 (Libby Vreonis, City Clerk)
Minutes 10-24-23
3.2 Accept Report Out of Closed Session Memo (Derek P. Cole, City Attorney) Memo
3.3 Waive the Second Reading and Adopt Ordinance No. 8-23 Repealing Oakley Municipal Code Section 9.1.412 and Replacing with Adoption of the State Density Bonus Law by Reference (RZ 03-23) and Finding the Action Exempt from the California Environmental Quality Act (CEQA) (Ken Strelo, Planning Manager)
Ordinance 8-23
3.4 Waive the Second Reading and Adopt Ordinance No. 9-23 Approving the Project Titled, Grand Cypress Preserve Development Agreements Master Amendment (DA 01-23) (Ken Strelo, Planning Manager)
Ordinance 9-23
3.5 City of Oakley Quarterly Investment Report (1st Quarter FY 2023/24) (Jeri Tejeda, Administrative Services Director)
Staff Report
1. City of Oakley Investment Report for the quarter ended September 30, 2023.
2. PFM Quarterly Performance Review
3.6 City of Oakley as Successor Agency to the Oakley Redevelopment Agency Quarterly Investment Report (1st Quarter FY 2023/24) (Jeri Tejeda, Administrative Services Director)
Staff Report
1. City of Oakley as Successor Agency to the Redevelopment Agency Investment Report for the quarter ended September 30, 2023.
3.7 Approval of the Utility Relocation Agreement between the City of Oakley and Western Area Power Administration (WAPA) to Relocate Electric Utility Poles to accommodate the Laurel Road Widening Project – Capital Improvement Project Number 280 (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report
1. Resolution
2. WAPA Pole Relocation Letter of Agreement 23-SNR-02991
3.8 Authorization to Execute a Purchase and Sale Agreement with Landsea Homes of California, LLC for the Sale of the Real Property Containing Approximately
27.0-Acres, Located at the Northeast Corner of E. Cypress Rd. and Knightsen Avenue (APN 032-081-025) (Joshua McMurray, City Manager) Staff Report
1. Site Map
2. Draft Resolution
3. Draft Purchase and Sale Agreement
3.9 Adopt a Resolution Authorizing Submittal of Individual Grant Applications for All Department of Resources Recycling and Recovery (CalRecycle) Grant Programs for which the City of Oakley is Eligible (Ken Strelo, Planning Manager)
Staff Report
1. Proposed Resolution
3.10 Approval of an Agreement with NCE for Environmental Technical Studies and Permitting Services associated with Capital Improvement Project Number 189 – Piper Lane Drainage Channel Trash Capture Device Project (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Map of Site
2. Resolution
3. NCE Proposal
4.PUBLIC HEARINGS
4.1 2480 Oakley Road Subdivision 9537 Tentative Map Extension (TME 01-23) (Evan Gorman, Associate Planner)
Suggested Action: Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the Planning Commission, 3) Open the Public Hearing, 4) Receive Comments from the Applicant, 5) Receive Public Testimony, 6) Close the Public Hearing, 7) Deliberate, 8) Summarize the Deliberation 9) Adopt the Resolution CEQA Determination: Find that there are no new environmental impacts associated with the proposed extension in that any environmental impacts are within the scope of the Negative Declaration adopted through City Council Resolutions No. 88-20 and No. 89-20.
Staff Report
1. Vicinity Map
2. Public Hearing Notice
3. Approved Tentative Map
4. Planning Commission Staff Report from October 17, 2023
5. Planning Commission Resolution 14-23
6. Draft Resolution
5.REGULAR CALENDAR
5.1 Adoption of 2023 small Business Recovery Grant Program (Harumi Murata, Economic Development Analyst)
Staff Report
1. Resolution
5.2 City of Oakley Climate Action Plan Request for Proposals and Qualifications (RFP) for Planning Consulting Services – Request City Council approval of the RFP (Ken Strelo, Planning Manager)
Staff Report
1. Request for Proposals and Qualifications (RFP) for Planning Consulting Services for the City of Oakley Climate Action Plan (CAP)
2. Draft Resolution
5.3 Second Amendment to Employment Agreement between the City of Oakley and Joshua McMurray (Derek Cole, City Attorney)
Staff Report
1. Resolution Approving Second Amendment to Employment Agreement
2. Second Amendment to City Manager Employment Agreement
5.4 Appeal of Administrative Hearing Officer’s Decision Involving Fireworks at Crockett Park, Oakley, California on July 4, 2023; Citation No.: AC-23-000767 (Libby Vreonis, City Clerk)
Staff Report
1. Administrative Citation, AC-23-00767, 7/11/23
2. Request for Appeal of Administrative Citation and Request for Advance Deposit Hardship Waiver, 7/25/23
3. Approval of Hardship Waiver and Notice of Hearing, 8/17/23
4. Administrative Hearing Officer's Decision, 9/7/23
5. Appeal of Administrative Hearing Officer's Decision, 10/4/23
6. Notice of Hearing, 10/18/23
5.5 Hearing for Special Assessment of Costs: 1430 Carpenter Road, Oakley, California (APN 034-070-031) (Libby Vreonis, City Clerk) Staff Report
1. Report of Costs
2. Proposed Resolution
5.6 Hearing for Special Assessment of Costs: 131 E. Ruby Street, Oakley, California (APN 035-133-012) (Libby Vreonis, City Clerk)
Staff Report
1. Report of Costs
2. Proposed Resolution
6.REPORTS
6.1 CITY MANAGER
(a) City Manager
(b) Business License Update
(c) City Attorney Report-Levine Act
(b) October 2023 New Business Licenses
(c) Daily Journal Article
6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE
SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY
(a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency
(b) Requests for Future Agendas
7.WORK SESSIONS
7.1 Library and O’Hara Residential Projects Design and Economic Feasibility Analysis Update (Joshua McMurray, City Manager)
Staff Report
8.CLOSED SESSION
8.1 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One Potential Case (letter from ACLU/EFF dated May 25, 2023 and email dated November 2, 2023)
1. Letter Re: License Plate Reader Data
2. Electronic Frontier Foundation Email
8.2 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
City of Oakley v. Scelsi, Contra Costa Sup. Ct. Case No. MSN16-1620 City of Oakley v. Rodriguez, Contra Costa Sup. Ct. Case No. N23-1091 County of Contra Costa et al. (and City of Oakley) v. Monsanto Company et al., Contra Costa Sup. Ct. Case No. C22-02818.
Schaefers v. BNSF Railway Company et. al. (and City of Oakley), Contra Costa Sup. Ct. Case Nos. C22-01552 and C22-01555.
McCalister v. Moeckel at al. (and City of Oakley), Contra Costa Sup. Ct. Case No.
C23-00834
9.ADJOURN