July 8th, 2014

AGENDA

REGULAR JOINT MEETING OF THE OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY

Tuesday, July 8, 2014
6:30 P.M.
Oakley City Council Chambers
3231 Main Street, Oakley, CA

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

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

Agendas are posted at the Oakley City Hall, the “White House” at 204 Second Street and outside the Library at Freedom High School; agendas are also posted on the City’s Internet Website www.ci.oakley.ca.us.

A complete packet of information containing staff reports and exhibits related to each item is available for public review prior to an Oakley City Council/City Council Acting as the Successor Agency to the Oakley Redevelopment Agency 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 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, contact the Receptionist at (925) 625-7000.

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

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

1.0  OPENING MATTERS

1.1   Call to Order and Roll Call of the Oakley City Council and Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency

1.2 Pledge of Allegiance to the Flag

1.3 Presentation by Christopher Thayer Regarding Oakley Sand Mounds (Introduction by Councilmember Burgis)

1.4 Update from East Contra Costa Fire Protection District Board (Hugh Henderson, Fire Chief and Ron Johansen, Board Member)

2.0  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 non-agendized items.  PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES.  In accordance with State Law, however, no action or discussion may take place on any item not appearing on the posted agenda.  The Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency may respond to statements made or questions asked or may request Staff to report back at a future meeting on the matter. The exceptions under which the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code §54954.2(b)(1)(2)(3).  Members of the public should submit any Speaker Cards for Public Comments in advance of the Mayor calling for Public Comments.

3.0  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 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 who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor remove the item.  Members of the public should submit any Speaker Cards related to the Consent Calendar in advance of the Consent Calendar being considered.

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

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 Meeting of June 10, 2014 (Libby Vreonis, City Clerk)

3.2 Reporting Out of Closed Session from the June 10, 2014 Regular Joint Meeting of the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency (William Galstan, Special Counsel)

Oakley City Council

3.3 Approve the Minutes of the Special Oakley City Council Meeting of June 30, 2014 (Libby Vreonis, City Clerk)

3.4 Waive the Second Reading and Adopt an Ordinance Amending Paragraph (f) of Section 4.19.004 and Adding Article 3 to Title 4 Chapter 19, and Adding Section 4.19.011 to the Oakley Municipal Code and Adopting a Resolution Dealing with Smoking in Outdoor Areas and Prohibiting Use and Possession of Electronic Cigarettes by Minors (William Galstan, Special Counsel)

3.5 Waive the Second Reading and Adopt an Ordinance Adding Subparagraph 13 to Paragraph b of Section 9.1.404 of the Oakley Municipal Code Dealing with Keeping of Bees in the Single Family Residential Zoning District (William Galstan, Special Counsel)

3.6 Adopt a Resolution Approving the City’s Investment Policy for Fiscal Year 2014-2015 (Paul Abelson, Finance Director)

3.7 Adopt a Resolution Approving and Agreement with BKF Engineers Inc. for Engineering Design Services Associated with Downtown Main Street “Visioning” Project Number 162 (Kevin Rohani, Public Works Director/City Engineer)

3.8 Adopt a Resolution Approving the Elimination of Condition of Approval Number 52 of Resolution Number 27-04 Requiring the Developer to Contribute Toward the Cost of Traffic Signals at Laurel Road and Quail Valley Run and Laurel Road and Teton Road (Subdivision 8737-East of Marsh Creek, South of Parklands at Laurel Creek (Subdivision 6963) (Kevin Rohani, Public Works Director/City Engineer)

3.9 Approval of Responses to Civil Grand Jury Reports Numbers 1403 “Training City Personnel in Reporting Child Abuse”, 1404 “Planning for Technology” and 1405 “The Public Records Act in Contra Costa County” (Bryan Montgomery, City Manager)

3.10 City Manager Performance Evaluation (William Galstan, Special Counsel)

3.11 Adopt a Resolution Approving Amendments to Section 2.9.008(a) of the Oakley Municipal Code Regarding the City’s Conflict of Interest Code (Libby Vreonis, City Clerk)

4.0  PUBLIC HEARING

Oakley City Council:

4.1  Make Findings and Adopt a Resolution Approving the Tentative Parcel Map (TPM 01-14) to Subdivide the 1.1-Acre Site into Two Parcels, Conditional Use Permit (CUP 02-14) to Establish and Design Review (DR 05-14) for the Construction of a New 617 Square Foot Drive-Through Starbucks on a Site Located at 900 Main Street (APN 051-052-063) (Joshua McMurray, Senior Planner)

Staff recommendation:

 -Open the Public Hearing
 -Receive the Staff Report
 -Receive Public Testimony
 -Close the Public Hearing
 -Deliberate
 -Summarize the Deliberation
 -Specify to Staff any amendments to the Resolution during Motion
 -Adopt the Resolution

5.0  REGULAR CALENDAR

Oakley City Council:

5.1 Approval of Comment Letter Relating to the Environmental Studies for the Bay Area Delta Conservation Plan (Bryan Montgomery, City Manager)

5.2 Waive the First Reading and Introduce an Ordinance Amending Section 6.5.142 of the Oakley Municipal Code Dealing with Removal from Public Property for Prohibited Conduct (William Galstan, Special Counsel)

5.3 Adopt a Resolution Authorizing the City Manager to Execute a Month to Month Contract with California Consulting, LLC for Grant Program Management Services (Paul Abelson, Finance Director)

5.4 FY 2013-2014 Capital Improvement Project 4th Quarter Update (Kevin Rohani, Public Works Director/City Engineer)

6.0  REPORTS

6.1    CITY MANAGER

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 Comments

(b)    Requests for Future Agendas

7.0  WORK SESSIONS-None

8.0  CLOSED SESSIONS

Oakley City Council:

8.1  PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code Section 54957) Title:  City Manager

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

8.2    CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a)

-City of Oakley and Successor Agency to the Oakley Redevelopment  Agency v. Ana Matosantos, California Department of Finance, et al. Superior Court of the State of California, County of Sacramento, Case No. 34-2013-80001435

8.3  Report Out of Closed Session (William Galstan, Special Counsel)

9.0  ADJOURN