“Something there is that doesn’t love a wall.” The first line from Robert Frost’s poem “Mending Wall” states what a lot of us feel. We don’t like walls or fences. Another line further along in the poem challenges us to ask, “Before I built a wall I’d ask to know, What I was walling in or walling out”

True! There is something unlikable about walls and fences. They shut out, lock out, or lock in, obscure and cut off. More often than not, though, fences and walls are a must for many reasons including security, safety and privacy, but none the less a distraction on the countryside. That’s why Open Space is a good idea and not all new.

Open space reserves began in Europe, during the late Middle Ages and Renaissance periods, when monarchs allowed royalty to create large hunting preserves. These were called “parcs” in Old French. The term was later applied to common grounds in the center of villages. Centuries later, Yosemite Valley was set aside for recreation to the State of California, thus creating the nation’s first state park in 1864. Control of the park was turned over to the federal government in 1890. Over the years, federal and state lands continued to be set aside for national and state parks, and in 1970, California added the Open Space Element to the list of required elements in the General Plan.

The term can mean many things to many people. It may be public or privately owned land, a golf course, a school, a farm, a park, a cemetery, a trail along side a creek. It can include marshes, wetlands, lakes, rivers and streams. It can even be vacant lots, public plazas and public seating areas.

The end of the 19th century marked the beginning of a conservation movement in America. Naturalists and environmentalists lobbied the United States government to set aside vast areas of wilderness in the American West as national parks. Early advocates included John Muir and Theodore Roosevelt who said, “. . .The conservation of our natural resources and their proper use constitute the fundamental problem which underlies almost every other problem of our national life. ”.

Until recently there seemed no end to the wealth of natural resources available to us all. However, faced with the seemingly endless barrage of reporting on shortages of natural resources since the 1970’s the term “conservation” has become embedded in our culture. The term conservation came into use in the late 19th century and referred to the management, mainly for economic reasons, of such valuable natural resources as timber, fish, game, topsoil, pastureland, minerals, and wildlife

The urbanization of California has increased the pressures on farmland, water resources, wildlife, air quality, open space and many other resources. The U.S. Census Bureau says the state will have nearly 54 million people by 2025. Confronted with the demands of an increasing population, how can we provide the greatest benefit to the present generation while maintaining the potential to meet the needs and aspirations of future generations? To help answer this question a Conservation Element was added to the General Plan.

The purpose of the Conservation Element is to identify Oakley’s natural resources, particularly those that are finite and nonrenewable, and develop programs for their preservation.

California Government Code, Section 65302(d) requires that a Conservation element provide for the conservation of natural resources including, “…water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources.”. It may also cover reclamation of land and waters, flood control and prevention and control the pollution of streams and air.

There are no towering stands of forests, nor large fishing fleets queued up in nearby harbors. No oil wells pumping “black gold, Texas Tea” day and night. Our shorelines are not cluttered with industries spewing pollutants into the river. Obviously all the resources listed in the state statue do not pertain to Oakley. Many of them will require a regional approach. However, Oakley does have its share of natural resources that can be conserved locally.

In Oakley’s General Plan these two elements have been combined. The Open Space and Conservation Element will primarily serve as an information document. It will consist of maps and tables containing information related to the natural resources and open spaces found in Oakley and policies and programs which will conserve them. The maps may show details of significant ecological areas, important agriculture lands and soil resource areas. They may also include information regarding the known and inferred habitats of some rare, threatened and endangered species. The tables may include lists of protected and uncommon plant and wildlife species in the area. Information detailing the changes in agriculture may also be found. An inventory of air pollutant emissions may also be available.

Open space can help preserve the quality of life and community character, reduce flooding, enhance property values, provide more opportunity for outdoor recreation, provide wildlife corridors and add a sense of community. By and large, open space can benefit cities both environmentally and economically.

 

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At a recent City Council Meeting we had presentation by Aaron Meadows from the Delta Association of REALTORS regarding the local Real Estate Market.

The first chart is enough to make you cry. The last one is current inventory. A normal supply is between 5 and 6 months of inventory.

historical sales
Median Sold Price
Sold Properties
For Sale
Under Contract
New Properties
Supply and Demand
Days on Market

Supply

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Starring: Jamie Foxx, Gerard Butler, Colm Meaney, Bruce McGill, Leslie Bibb
Thriller
2 hr. 2 min.
Rated: R for strong bloody brutal violence and torture, a scene of rape and pervasive language.

Clyde Shelton is an upstanding family man whose wife and daughter are brutally murdered during a home invasion. When the killers are caught, Nick Rice, a hotshot young Philadelphia prosecutor, is assigned to the case. Over his objections, Nick is forced by his boss to offer one of the suspects a light sentence in exchange for testifying against his accomplice. Fast forward ten years. The man who got away with murder is found dead and Clyde Shelton coolly admits his guilt. Then he issues a warning to Nick: Either fix the flawed justice system that failed his family, or key players in the trial will die. Soon Shelton follows through on his threats, orchestrating from his jail cell a string of spectacularly diabolical assassinations that can be neither predicted nor prevented. Philadelphia is gripped with fear as Shelton’s high-profile targets are slain one after another and the authorities are powerless to halt his reign of terror. Only Nick can stop the killing, and to do so he must outwit this brilliant sociopath in a harrowing contest of wills in which even the smallest misstep means death. With his own family now in Shelton’s crosshairs, Nick finds himself in a desperate race against time facing a deadly adversary who seems always to be one step ahead. Yahoo Movie Review

Mary’s Review – This movie was quite a surprise for me. I didn’t know anything about it but my daughter mentioned that when I saw the trailer I thought it to be interesting. Well interesting it was. I really liked the premise of the story as well as the actors.I have quickly become a fan of Jamie Foxx and I love the guy from 300 whose name escapes me. That being said the two of them in a movie together, well that is a bonus. Although for the most part they do not share the screen together, you like the play of characters, they seem to connect. I love a good thriller and this dark thriller really delivered for me. I will have to give this movie a thrilling 3 nachos!

Solano County –The California Department of Transportation (Caltrans) announces intermittent full highway closures on State Route 12 (SR-12) west of Rio Vista from
SR-113 to Drouin Drive. Maintenance crews will perform shoulder repairs and replace damaged or missing channelizers in preparation for winter. The work will be conducted Tuesday, November 3rd through Thursday, November 5th from 9:00 am to 3:00 pm.

Motorists will be permitted to travel through the work zone and should anticipate a fifteen minute delay. Drivers should watch for stopped vehicles on the highway during the full highway closures. Please drive with caution and allow extra distance between your car and the car ahead of you. Plan ahead and allow sufficient time for your commute. Caltrans appreciates your patience during these repairs.

The following links are just news items and opinions that pass my desk throughout the week. I don’t necessarily support or advocate any of the items they are just interesting reads.

Check your clocks this morning – Day Light savings time has ended set your clocks back an hour. Daylight Saving Time begins on the second Sunday in March and ends on the first Sunday in November.

Walking Robot

All Falling Down . . .

House health bill clocks in at 1,990 pages – The House health care bill unveiled Thursday clocks in at 1,990 pages and about 400,000 words. With an estimated 10-year cost of $894 billion, that comes out to about $2.24 million per word.

Auto Insurance Initiative on 2010 Ballot Good for Consumers – Signature gathering begins this week on an initiative scheduled for the 2010 ballot which will fix an inconsistency in the law, expand a discount, and lower auto insurance rates for millions of California consumers who continually maintain auto insurance coverage.

‘Younger wife’ for marital bliss – The secret to a happy marriage for men is choosing a wife who is smarter and at least five years younger than you, say UK experts.

Homebuilding’s crash is worsening – The newest September statistic for California home starts has led the Construction Industry Research Board to again revise its 2009 forecast downward – to 37,700 new homes

Lessons from Bill Lockyer. State Treasurer Bill Lockyer generated a storm last week with his testimony before the Senate and Assembly Select Committees on Improving State Government.

There’s a growing public workforce, retiring early but living longer while drawing benefits. Do the math. This applies to California as well.

Affordable Housing: Navigating Recent Legal Developments

Online spending down as holiday season nears – Recession puts brakes on fast-paced growth of e-commerce

Bridge Toll Hike Proposed for Earthquake Safety – Notice of Upcoming Public Hearings

The Bay Area Toll Authority (BATA) is considering a toll increase on the seven state-owned Bay Area toll bridges: the Antioch, Benicia-Martinez, Carquinez, Dumbarton, Richmond-San Rafael, San Francisco-Oakland Bay and San Mateo-Hayward bridges. (The toll proposal does not affect the Golden Gate Bridge, which is owned and operated by an independent authority.)

This proposed toll hike comes in response to the need to raise an additional $160 million in annual revenues. The chief reason the additional revenue is needed is to finance the estimated $750 million cost of necessary seismic retrofit projects on the Antioch and Dumbarton bridges. Other factors include a slow but steady decline in toll-paying traffic on the state-owned bridges during each of the past five years, increasing operational expenses and rising debt, due in part to the upheaval in the municipal bond markets over the past two years.

Three options were presented at the October BATA Oversight Committee meeting (http://www.mtc.ca.gov/news/info/toll_increase.htm). BATA will hold three public hearings to take public comment on these options:

Wednesday, November 4, 2009, at 1:30 p.m.
Joseph P. Bort MetroCenter – Lawrence D. Dahms Auditorium
(across from the Lake Merritt BART Station)
101 Eighth Street, Oakland, California

Tuesday, November 17, 2009, at 6:30 p.m.*
San Mateo City Hall – City Council Chambers
330 West 20th Avenue, San Mateo, California

Thursday, December 3, 2009, at 6:30 p.m.*
Concord Senior Center – Wisteria Room
(located in John F. Baldwin Park)
2727 Parkside Circle, Concord, California

*Note: This hearing will feature a short open house (from 6:30 to 7 p.m.) and a staff presentation (beginning at 7 p.m.) prior to taking public testimony.

Written comments will be accepted until 4 p.m., December 21, 2009. Written comments should be submitted to the BATA Public Information Office at 101 Eighth Street, Oakland, California, 94607-4700; faxed to BATA at 510.817.5848; or sent via e-mail to tolls@mtc.ca.gov.

BATA Commissioners will weigh all public comment in their decision on the toll increase, scheduled for January 2010. For more information on the hearings or the proposal, visit the MTC Web site at www.mtc.ca.gov or phone the BATA Public Information Office at 510.817.5757.

HOUSTON, Oct 27 (Reuters) – General Electric Co’s (GE.N) Energy unit on Tuesday said its latest turbine design for natural gas-fired power plants will consume less fuel and emit less carbon dioxide than existing GE turbines.

GE Energy is introducing an upgraded Frame 7FA gas turbine to help power plant operators reduce costs and emissions, the company said in a release.

U.S. utilities are expected to build more gas-fired plants in the next decade due to increasing gas supply and the uncertainty of costs tied to proposed carbon legislation.

A typical combined-cycle plant using two new 7FA gas turbines with a single steam turbine would save $2.1 million per year at a gas price of $6 per million British thermal units, the company said, compared to a plant with GE’s existing 7FA turbine.

The more efficient plant would also avoid emissions of 19,000 metric tons of CO2 annually compared to the earlier version, GE said, the equivalent of the heat-trapping emissions of nearly 3,800 cars.

“We have amassed technological advances from across our expansive portfolio of power generating and aviation turbines and delivered them in this upgraded 7FA turbine,” said John Reinker, general manager of gas turbine products for GE Energy.

Natural gas power plants emit only about half the CO2 of traditional coal-fired plants. CO2 is the primary gas blamed for global warming.

GE said it will manufacture the upgraded 7FA turbine in Greenville, South Carolina, and begin shipments in early 2012.

Some of the first new 7FA turbines will be used at the proposed 586-megawatt Oakley Generating Station in Oakley, California. The plant is being developed by Radback Energy and is expected to be transferred to Pacific Gas and Electric Co (PCG.N) after reaching commercial operation, GE said. (Reporting by Eileen O’Grady; Editing by Christian Wiessner)

Oakley’s General Plan is not happenstance. Nor is it something that takes place overnight. Projected to the year 2020 the Plan has many requirements, one of which is the Land Use Element covering many issues. This element’s basic function is to lay out the general pattern of development within the City. It is the foundation for the remaining elements. It details a vision for all buildings (residential, commercial and industrial), roads and public facilities that are currently in place and those to be built in the future. Although all general plan elements are considered equal the land use element is the most visible and most often used. The Circulation and Housing Elements are especially dependent on the Land Use Element.

The Land Use Element is required by California state law, citing California Government Code Section 65302(a): “… a land use element which designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, and other categories of public and private uses of land”.

Further, the State Code stipulates that Land Use Element shall include: “A statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the Plan. The Land Use Element shall also identify areas covered by the Plan, which are subject to flooding and shall be reviewed annually with respect to such areas.

Using text and maps the City is divided into many areas. Each area is assigned a land use designation which includes a use such as:

  • SINGLE FAMILY RESIDENTIAL LOW (SL) – This designation allows for a minimum of 0.8 dwelling units and a maximum of 2.3 dwelling units per gross acre (a net acre includes all land area used exclusively for residential purposes, and excludes streets, highways and all public right-of-way). Sites generally range from approximately 14,000 square feet to 1 acre in size. Population density in this land use designation generally ranges from 3 to 8 persons per acre.
  • COMMERCIAL (CO) and a building intensity range. For example: .1.0 floor area ratio (floor area ratio is calculated by dividing building square footage by the lot size. If you have a 500 square foot building on a 1000 square foot lot you have a floor area ratio of .5. If you add a second story the building square footage is increased to a 1000 and the floor area ration is now 1.) .
  • SINGLE FAMILY RESIDENTIAL HIGH (SH) – This designation allows a minimum of 3.8 and a maximum of 5.5 units per gross acre. Parcel sizes range from approximately 6,000 to 8,600 square feet. Population density would normally range between 12 to 18 persons per acre.
  • MULTI-FAMILY RESIDENTIAL HIGH (MH) – This designation allows a minimum of 9.6 dwelling units and a maximum of 16.7 dwelling units per gross acre. Expected population density would normally range between 20 to 36 persons per acre.
  • BUSINESS PARK (BP) – Maximum Site Coverage: 50 percent , Maximum Building Height: 50 feet , Maximum Floor Area Ratio (FAR): 2.0, Average Employees per Gross Acre: 87

The major intent of the Land Use Element is to take these disparate designations and create an appropriate mix of uses. Local commercial or shopping centers may be compatible with residential uses. Light industrial areas may act as a buffer to heavy industrial areas. Transitioning from one land use to another, i.e. Single Family High to Single Family Low, is a critical function of the element.

Perhaps the most used part of the Land Use Element is the map. The map is a pictorial representation of the land use designations described in the Land Use Element. It provides a general view of the types of development that will be permitted or encouraged in a particular area. City residents can easily identify places of interest on the map and can determine which types of land uses apply to surrounding areas. It will not show what will be built on a specific parcel.

The land use map will identify general areas where future development may occur and should not be confused with a zoning map. Zoning maps apply precise boundaries, detailed regulations, legal effects and must comply with the land use designation.

Land Use Map

Oakley’s original General Plan was adopted by the Contra Costa County Board of Supervisors in 1973. Land use designations were determined by the existing property owners and the county at this time. Although the General Plan can be amended, changing the land use designation against the will of the property owner will generally initiate litigation.

Any changes to the General Plan must be carefully considered. If the City were to initiate a change that would affect the value of the property, such as “down zoning” a piece of property by amending the General Plan designation to provide a lower density of development or reverting to lower-intensity uses, it would more than likely result in a “taking”.

A “taking” can occur as a physical taking, such as the use of eminent domain to build roads, or as a “regulatory taking” which is considered to be an uncompensated taking of private property occurring through government regulation.

Everyone who buys property, whether it’s our primary home or for future development, has an expectation of a return on our investment. If we, as a City, were to pass a regulation or ordinance that would substantially reduce the value of that investment the City could be required to pay damages, which could include the value of the property and the lost profit when the developer did not meet his investment expectations.

I picked this up last Saturday at the Harvest Festival from Radback Energy

Who is Radback Energy?

The founders and management of Radback are energy professionals with over a 25 year track record of successful project development, including a number of similar projects in East Contra Costa and the region.

Radback believes in building lasting partnerships with communities and electric utilities. The ultimate result is an environmentally responsible, cost effective and reliable energy future for California.

What is the Oakley Generating Station (OGS)?

The proposed project will be a 600 megawatt state-of-the-art natural gas-fired, combined-cycle electrical generating facility. The project will serve the equivalent of approximately 600,000 households meeting our growing region’s need for clean technology power generation. OGS proposes to utilize environmentally superior dry cooling technology and state-of-the-art General Electric technology. The project will be 40% more fuel efficient than comparable older power plants operating today.

How was this Location Selected?

The site in Oakley was selected after careful environmental and energy analysis. The project will be located in an industrial are formerly used by DuPont and away from homes and schools. Because it is an industrial site, the location is very close to existing natural gas and transmission lines. The Bay area continues to have a growing demand for energy and locating in East County helps prevent the need to build expensive and unsightly transmission lines.

What is the Economic Benefit to the City of Oakley?

OGS will provide a much needed and significant economic boost for the City of Oakley and the region, creating 700 union construction jobs, a $120 million payroll and investing millions into the local economy. OGS will also generate $6 million in one-time sales tax revenue. It is estimated that the project will provide $10 million annually in property tax revenue to fund programs in Contra Costa County and Oakley including education, schools, police and fire and paramedic services and street improvements. In addition to creating jobs and generating new revenue for Oakley, local business and suppliers will benefit from the purchase of $4 million in construction materials, supplies and services bring substantial needed economic growth to the region.

Where are you in the Process?

The Project is very early in the process. The Application for Certification (AFC) was filed with the California Energy Commission (CEC) on June 30, 2009. The CEC deemed the application “date adequate” on September 23, 2009. The filing begins an extensive public review process with the CEC. The CEC staff, as an independent party to the proceeding, will review the information we have submitted, seek additional information or clarification and make their own independent analysis. In addition to the CEC, the project will be reviewed by the following agencies to make sure that impacts are mitigated and that the project will comply with all laws:

If and when the permits are issued, it will take over two years to complete construction.

Will There be a Commitment to Hire Local and Employ Local Union Contractors?

Yes, the project is committed to using union contractors and, to the extent practical, maximizing participation of local labor. The CEC typically include a Condition of Certification in the final permit requiring a prioritization for the use of locally procured materials and labor resources.

How will the Project Address Air Emissions?

The BAAQMD, CEC and US-EPA will conduct extensive environmental review to ensure the project meets or exceeds all regulatory requirements. In addition, using clean burning natural gas, the project will use state-of-the-art technology to assure that the project meets strict California and Federal air quality standards. The project will also offset all emissions as required by the reviewing agencies.

How will the Facility Address Global Warming?

The facility will comply with California’s Green House Gas (GHG) limitations specified in under AB32 (California’s Climate Change Law). Natural gas power facilities are among the cleanest and most environmentally responsible generation options available in California. New clean efficient plants like the OGS, once built and operating will help displace older plants which are not as clean and/or efficient, thereby providing a net reduction to GHG emissions and a net GHG benefit.

Will Greenhouse Gas Emissions by the Power Facility result in restrictions that will be imposed on Future Businesses that may want to locate in the area?

No. Under the proposed regulations, greenhouse gas (or CO2) emission from the facility will not result in restrictions that will be imposed on future businesses that may want to locate to the area.

The Clean Air Trust states that the average production of CO2 by a household of fore is 110 tons/year. The maximum emissions of CO2 from the OGS is equivalent to approximately 11,000 homes while providing energy to over 600,000 homes.

With the State mandating renewable energy resources, like wind and solar projects, to address Global Warming; why do we need ne Natural Gas power facilities?

As California progresses towards the attainment of its renewable energy goals to address global warming, energy industry regulators and experts agree that clean, efficient and readily available natural gas powered energy generation will have to be added to the power grid to ensure reliability. The lion’s share of renewable resources being developed and added to the energy grid, like wind and solar, are intermittent in nature and it is critical to be able to cost effectively “backstop” these intermittent resources. Natural gas power facilities built just 5 years ago were often designed to run all day, every day and were not designed to ramp up or down quickly. The next generation of facilities, like OGS, is specifically being designed to address California’s needs on addressing a clean and sustainable energy future.

How will the visual impacts of the facility be addressed?

OGS will work with the CEC, the City of Oakley and the community to assure that the visual impacts of the facility are minimized and mitigated below significant levels. Extensive visual impact studies will be conducted by the CEC’s technical consultants to assure adequate mitigations are provided including extensive landscaping at the site and possibly along major roadways adjacent to the site.

How much noise will come from the power facility?

Extensive studies will be conducted to analyze potential noise coming from the facility. The facility must, by law, conform to all local noise ordinances.

How much water will the facility use?

OGS will be using a process called “dry cooling”, which practically eliminated the need to use valuable and limited water supplies to cool the facility. The dry cooling will reduce water consumption by over 93% compared to other similar water cooled plants.

What assurance do we have that the project’s commitments during the CEC approval process will be honored in the future?

The project will be permitted under the CEC’s power facility sitting process. This is an extensive public process with ample opportunities for public review, participation and comments. Any agreement Radback makes with the CEC and the City of Oakley will be incorporated into the actual permit. The CEC will monitor and ensure compliance with all permit conditions for the life of the project. In addition, integrity is everything in our business. Radback Energy’s principals have excellent reputations throughout California as a result of keeping our promises and not setting unrealistic expectations with the public. Lastly, the facility must comply with all local, state and federal laws, ordinances, regulations and standards.

When will the project come on line?

The project is targeted to start up by the summer of 2014.

How long will the facility be in operation?

The facility will have a design life of 30 to 40 years and if, economically viable, could operate for an even longer period. The CEC will have jurisdiction over the facility for the entire life, including decommissioning and closure. Prior to permanent closure of the facility, the project owner will be required to submit a closure plan to the CEC and County.

I understand that OGS has recently entered into a contract with PG&E. Can you tell us a little about that?

That is true, we are happy to announce that as a result of PG&E’s Long Term Request for Offers, where a significant number of projects were evaluated to determine which portfolio of projects best addressed the future needs of PG&E’s customers as approved by the California Public Utilities Commission (CPUC), that PG&E has elected our Project. The Project has entered into a Purchase and Sale agreement with PG&E. The contract has been submitted to the CPUC, along with the other projects selected in the LTRFO for the CPUC’s approval. The approval process is expected to take up to 8 months.

Why is your project needed? Isn’t there a project proposed less than one mile away from here in Antioch?

There is a peaking power plant proposed in Contra Costa County near Antioch called Marsh Landing Generating Station. That project, while also helping to meet the growing demand for power in the area, will serve a different purpose. The electricity grid needs several types of power plants in order to operate efficiently. Base load plants such as ours are incredibly efficient and intended to operate everyday to generate the common everyday needs of residents and business. Peaking units, such as Marsh Landing Generating Station, are needed to operate during times of peak demand (hot summer days) and are less efficient than the technology being employed by OGS.

For more information, contact Radback Energy at (925)820-5222.

Project Website:
http://www.radback.com/CCGSLLC.html

CEC Website:
http://www.energy.ca.gov/sitingcases/contracosta/index.html

Radback

The Friends of Oakley will be conducting the Oakley Christmas Basket program for needy families in Oakley again this year. Last year the Brentwood Regional Community Chest worked with our organization as Oakley families who had been traditionally supported by Brentwood came under our caring embrace. We received financial and organizational support from Brentwood Regional Community Chest as we delivered holiday meal fixings, canned foods, and wrapped gifts to 125 families at our inaugural event. This year our goal is to provide for 250 families. We have doubled the families we will serve as the need for food on the table is ever greater within our community not only from the displacement of families but from families whose ability to provide is greatly constricted in this challenging economy. If donations allow, we plan to reach out further into the senior community and provide holiday meals.

Funding for the Oakley Christmas Basket program will come from proceeds from our fundraising efforts at our Wine, Cheese, and Children’s Art event on October 10th and from local business and service provider contributions. Our budget is $10,000 and we are half-way there! Local schools and businesses will host our donation barrels – Friends of Oakley – Toys for Oakley Families and Friends of Oakley – Food for Oakley Families – which will solicit donations of non-perishable boxed or canned foods and toys. Friends of Oakley – A Community Foundation commits to returning 100% of the toys and food goods donated in Oakley to our registered families in need in Oakley. The Oakley Union Elementary School District has chosen our organization as the beneficiary of their Holiday Canned Food Drive. We are so pleased.

We will be registering needy families on Monday, November 9 from 6 pm – 8:30 pm; Thursday, November 12 from 2 pm to 4 pm; and Saturday, November 14 from 10 am to 1 pm at the City of Oakley White House Community Annex , 204 Second Street . Families must bring either a water or power bill with the family name as proof of residence to register as well as a matching State of California identification (driver’s license or ID card). Only one family meal will be provided per residence. At least one toy will be wrapped and given for each child in the family up to age 18. The Oakley Christmas Basket program will take place on the afternoon of Sunday, December 20th at O’Hara Park’s gym and registered families will receive a pick-up time at the November registration.

Please consider being a part of this event and helping us give back to those seeking assistance in our Oakley community during this very special time of the year. Any funding you can provide to help us make this event successful and bring the happiness of the holiday season to our 250 families will be much appreciated.

Thank you for your consideration,

Pat Anderson

Friends of Oakley, Board of Directors, Secretary

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Starring: John C. Reilly, Ken Watanabe, Josh Hutcherson, Chris Massoglia, Ray Stevenson
Action/Adventure, Kids/Family, Science Fiction/Fantasy, Suspense/Horror, Adaptation and Teen
1 hr. 51 min.
Rated: PG-13 for sequences of intense supernatural violence and action, disturbing images, thematic elements and some language.

A boy unknowingly breaks a 200-year-old truce between two warring factions of vampires. Pulled into a fantastic life of misunderstood sideshow freaks and grotesque creatures of the night, one teen will vanish from the safety of a boring existence and fulfill his destiny in a place drawn from nightmares. 14-year-old Darren was like most kids in his suburban neighborhood. He hung out with his best friend, got decent grades and usually stayed out of trouble. But when he and his buddy stumble upon a traveling freak show, things begin to change inside Darren. That’s the exact moment when a vampire named Larten Crepsley turns him into something, well, bloodthirsty. Yahoo Movie Review

Mary’s Review – Well thank goodness we saw this movie after the Stepfather. We really enjoyed this one so; the evening was not a complete loss. This movie was clever and funny. The special effects and the characters were original. We especially loved the main vampire played by John C. Riley he was great! My youngest daughter read a few of these books when she was younger and thinks they would make great movies too. We hope this film will do well enough that they will consider making some of the other books in the series into movies as well. I will give this movie 2 nachos and a jalapeno.

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Starring: Dylan Walsh, Sela Ward, Penn Badgley, Amber Heard, Sherry Stringfield
Suspense/Horror, Thriller and Remake
1 hr. 41 min.
Rated: PG-13 for intense sequences of violence, disturbing images, mature thematic material and brief sensuality.

When troubled teen Michael returns home after a year at military school, he finds his mother, Susan, in love and his soon-to-be stepfather, David, has moved into their home. David says he wants them to become the perfect family. But as they get to know each other, Michael quickly becomes convinced that David himself is far from perfect. Trying to verify what he knows of David⿿s past, Michael finds things that don⿿t add up. As strange events and David⿿s bursts of malevolence become more frequent, Michael tells his mother and girlfriend of his suspicions, but they just think he⿿s being paranoid. Eventually, as Michael searches for proof that his suspicions are well-founded, cracks begin to show in David⿿s perfect façade and it becomes apparent he will stop at nothing to keep his secrets. For David has a history of trying to create the perfect family. And each time, when it becomes apparent that perfection is impossible, David has a terrifying way of clearing the slate and starting over. Yahoo Movie Review

Mary’s Review – This movie was bad. It was like a really bad lifetime movie.Alright ladies you know what I am talking about. One of my own guilty pleasures is watching Lifetime movies that are so bad they are good. My favorite has to be Mother May I Sleep with Danger. It is the worst best Lifetime movie. My daughters watch that one too every time it comes on! This movie however was just bad….I will have to give it only a fizzled out jalapeno.

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Starring: Max Records, Catherine Keener, Mark Ruffalo, Lauren Ambrose, Chris Cooper, James Gandolfini
Comedy, Kids/Family, Science Fiction/Fantasy, Animation and Adaptation
1 hr. 34 min.
Rated: PG for mild thematic elements, some adventure action and brief language.

Max, a rambunctious and sensitive boy feels misunderstood at home and escapes to where the Wild Things are. He lands on an island where he meets mysterious and strange creatures whose emotions are as wild and unpredictable as their actions. The Wild Things desperately long for a leader to guide them, just as Max longs for a kingdom to rule. When Max is crowned king, he promises to create a place where everyone will be happy. Max soon finds, though, that ruling his kingdom is not so easy and his relationships there prove to be more complicated than he originally thought. Yahoo Movie Review

Mary’s Review – Although this movie was just okay I found it was genius to have James Gandolfini play one of the monsters. He has a great character voice and a wonderful presence. I thought it was him from the beginning, but my daughter said” No you are crazy!!”

Well at the end of the movie as we watched the credits, low and behold there was his name! I love it when we as parents can tell our kids, see I was right! Well as the movie only faired 2 nachos, however, telling my kids I am right feels more like 3 nachos!!!

The California Energy Commission and Radback Energy will conduct a public meeting on Monday, November 9th to discuss the Oakley Generation Station project. The meeting will include a site tour.

Site Visit begins (bus leaves) Oakley City Hall at 3:45 p.m.
Public Informational Hearing & Environmental Scoping Meeting begins at 5:30 p.m.
Oakley City Hall
3231 Main Street
Oakley, California 94561

Members of the public are invited to join the Committee on a tour of the proposed site.The Applicant will provide transportation to and from the site. For reservations, contact the Energy Commission Public Adviser’s Office at (916) 654-4489, 800-822-6228, or e-mail: [publicadviser@energy.state.ca.us]. Please make your reservation on or before 12:00 noon, Thursday, November 5, 2009, so that we can assure you a space.

For more information check the CEC website.

I borrowed this information from a handout provided by the National BIODIESEL Board

What Biodiesel is:
Biodiesel is a clean burning alternative fuel, produced from domestic, renewable resources such as plant oils, animal fats, used cooking oil and even new sources such as algae. Biodiesel contains no petroleum, but it can be blended at any level with petroleum diesel to create a biodiesel blend. Biodiesel blends can be used in most compression-ignition (diesel) engines with little or no modifications. Biodiesel is simple to use, biodegradable, nontoxic, and essentially free of sulfur and aromatics.

What Biodiesel is not:
Biodiesel is not raw vegetable oil. Fuel-grade biodiesel must be produced to strict industry specifications (ASTM D6751) in order to ensure proper performance. Biodiesel that meets ASTM D6751 and is legally registered with the Environmental Protection Agency is a legal motor fuel for sale and distribution. Raw vegetable oil cannot meet biodiesel fuel specifications, it is not registered with the EPA, and it is not a legal motor fuel. Biodiesel is also not the same as ethanol. Ethanol is a renewable biofuel made primarily from corn and intended for use in gasolinepowered engines, while biodiesel is a renewable biofuel made from a variety of materials and designed for use in diesel engines, with different properties and benefits.

Myth: Biodiesel is an experimental fuel and has not been thoroughly tested.
Fact:
Biodiesel is one of the most thoroughly tested alternative fuels on the market. A number of independent studies – performed by the U.S. Department of Energy, the U.S. Department of Agriculture, Stanadyne Corp. (the largest diesel fuel injection equipment manufacturer in the U.S.), Lovelace Respiratory Research Institute, and Southwest Research Institute – have shown that biodiesel performs similar to petroleum diesel with greater benefits to the environment and human health.

Myth: No objective biodiesel fuel standard exists.
Fact:
The biodiesel industry has been active in setting quality standards for biodiesel for more than 15 years. ASTM specifications exist for diesel fuel and biodiesel fuel blends from 6 to 20 percent (B6 – B20 (D7467-09)), biodiesel blends up to B5 to be used for onand off-road diesel applications (D975-08a), and home heating and boiler applications (D396-08b). ASTM approved the original specification for pure B100 (D6751) in December 2001. These ASTM specifications apply regardless of the fat or plant oil used
to make the fuel. Copies of specifications are available from ASTM at www.astm.org.

Myth: Biodiesel does not perform as well as diesel.
Fact:
One of the major advantages of biodiesel is the fact that it can be used in most existing engines and fuel injection equipment in blends up to 20 percent with little impact to operating performance. Biodiesel has a higher cetane number than U.S. diesel fuel. In more than 50 million miles of in-field demonstrations, B20 showed similar fuel consumption, horsepower, torque, and haulage rates as conventional diesel fuel. Biodiesel also has superior lubricity, and it has the highest BTU content of any alternative fuel (falling in the range between #1 and #2 diesel fuel).

Myth: Biodiesel use voids manufacturers’ engine warranty coverage.
Fact:
All major U.S. automakers and engine manufacturers accept the use of up to at least B5, and many major engine companies have stated formally that the use of high quality biodiesel blends up to B20 will not void their parts and workmanship warranties. For a listing of specific statements from the engine companies, please visit the National Biodiesel Board Web site at www.biodiesel.org/resources/oems.

Myth: Biodiesel has fuel quality problems.
Fact:
A study released in 2008 by the National Renewable Energy Laboratory (NREL) shows the biodiesel industry has substantially met national fuel quality standards. The study demonstrated that plants certified under BQ-9000 consistently hit the mark. BQ-9000 is a voluntary fuel quality assurance program that couples the foundations of universally accepted quality management systems with the product specification (ASTM D6751). The program covers storage, sampling, testing, blending, shipping, distribution and fuel management practices. Biodiesel production facilities certified as producers under the program cover nearly 80 percent of the U.S. biodiesel market volume.

Myth: Biodiesel does not have sufficient shelf life.
Fact:
The current industry recommendation is that biodiesel be used within six months, or reanalyzed after six months to ensure the fuel meets ASTM specifications. Most fuel today is used up long before six months, and many petroleum companies do not recommend storing petroleum diesel for more than six months. A longer shelf life is possible depending on the fuel composition and the use of storage-enhancing additives.

Myth: Biodiesel doesn’t work in cold weather.
Fact:
Properly managed, high quality biodiesel blends are used successfully in the coldest of climates. Biodiesel will gel in very cold temperatures, just as common #2 diesel does. Although pure biodiesel has a higher cloud point than #2 diesel fuel, typical blends of 20 percent biodiesel are managed with similar management techniques as #2 diesel. Blends of 5 percent biodiesel and less have virtually no impact on cold weather operability. See www.biodiesel.org/cold for a cold weather guide.

Myth: Biodiesel contributes to global climate change and increased greenhouse gas emissions.
Fact:
U.S. biodiesel is a green sustainable part of the solution. It reduces lifecycle carbon dioxide, a greenhouse gas, by 78 percent compared to petroleum diesel. A 2008 USDA/University of Idaho study shows for every unit of fossil energy needed to create biodiesel, 4.5 units of energy are returned. New cropland is not needed to grow materials for biodiesel, because there is already a surplus of soybean oil on the market. Advances in technology enable us to grow more using the same acres of land. The
National Biodiesel Board and its members support sustainable production of biodiesel. There is no scientific basis for assigning any significant responsibility for rainforest destruction to U.S. biodiesel, and the vast majority of U.S. biodiesel is made from homegrown resources.

Myth: Biodiesel contributes to rising food prices.
Fact:
Produced from a wide variety of renewable resources, including plant oils, fats and even recycled restaurant grease, biodiesel is the most diversified fuel on the planet. And soybean-based biodiesel has a positive impact on the world’s food supply. Processing soybeans for biodiesel uses only the oil, leaving 80 percent of the bean for protein-rich soybean meal. Put more simply, when the demand is increased for soybean oil for use in biodiesel, the price of soybean meal actually decreases what it otherwise might cost.

The Local Agency Formation Commission (LAFCO) recently completed a state-required Municipal Service Review (MSR) for all Fire and Emergency Service Providers in Contra Costa County. This review included the East Contra Costa Fire Protection District (ECCFPD).

ECCFPD operates eight staffed fire stations, which are staffed 24 hours a

2007 Service Calls by Station

2007 Service Calls by Station

day, and contracts with CAL FIRE for continual operation of its Sunshine station on Marsh Creek Road. Areas within ECCFPD include the cities of Oakley and Brentwood, a portion of the City of Antioch, and the unincorporated communities of Bethel Island, Byron, Discovery Bay, Knightsen, and other areas of unincorporated Contra Costa County. The District has a boundary area of approximately 238 square miles.

The District’s staff consists of 55 full-time staff and 25 paid on-call staff. The sworn permanent staff includes 53 full-time equivalents (FTEs), and the civilian staff is composed of two FTEs. Staffing is assigned by station with a two- person fire crew. It provides fire suppression (structural, vehicle, and vegetation fires) and prevention, rescue, initial hazardous materials response, fire inspection, education and Basic Life Support (BLS) for medical emergencies until American Medical Response (AMR), a privately-owned ambulance company, arrives to provide Advanced Life Support (ALS) and ambulance transport services.

All 911 calls made from land lines in the unincorporated areas and the City of Oakley are automatically routed to the Contra Costa County Sheriff, which is the primary Public Safety Answering Point (PSAP). The primary PSAP for the City of Brentwood and the small portion of the City of Antioch in District bounds is the City of Antioch Police Department. Once the PSAP dispatcher determines a call requires fire department response, the call is relayed to the Contra Costa County Fire Protection District (ConFire) secondary PSAP. ConFire directly dispatches the District’s staff. The District participates in closest-resource dispatching (cross-border) through ConFire.

Calls to 911 from cellular phones in Oakley and the unincorporated areas are initially routed to the California Highway Patrol (CHP). CHP relays the calls requiring both law enforcement and fire/EMS response (e.g., auto accidents) to the primary PSAP, and dispatching follows the protocol discussed above. EMS calls are often routed directly to ConFire. The City of Antioch takes wireless calls directly. The County Sheriff has not yet begun taking wireless calls directly due to financial constraints.

On behalf of the District, ConFire checks fire plans for new development prior to construction. The District performed approximately 800 inspections in 2008. Fire safety inspections are completed annually on all businesses mandated for inspection and randomly for other businesses, and vegetation inspections are completed annually on selected parcels in the District.

The ECCFPD was formed in 2002 through the consolidation of three fire districts: Bethel Island Fire Protection District, East Diablo Fire Protection District, and Oakley Fire Protection District. Revenue sources include property taxes (94 percent), intergovernmental revenues (two percent), Oakley fees collected in Summer Lakes (one percent), and miscellaneous sources (three percent). The District’s share of property tax revenues was seven percent in Brentwood, five percent in Oakley, and nine percent on average in unincorporated areas in FY 07-08; by comparison, the average fire district property tax share countywide was 12 percent in cities (served by fire districts) and 13 percent in unincorporated areas.

The District lacks adequate revenue to provide urban staffing levels in the urban areas, and relies in most areas on two-person crews. The District lacks paramedic staffing. Financing is not adequate for administrative staff to complete all demands for management and fire prevention functions. It would cost the District about $18 million to achieve an urban level of service. The District’s total revenues were $12.2 million in FY 07-08. The District economizes on expenses by understaffing urban fire stations and administrative functions, by using on-call personnel to supplement staffing, and by paying salaries that are substantially lower than in other fire departments in the County.

The District’s governing body is the five-member county Board of Supervisors.

Govern

This governance model was meant to be temporary. In the LAFCO resolution 02-24, creating the District, in 2002 it stated: “By December 2004, the question of governance shall be resolved and submitted for approval of the electorate within the boundaries of the consolidated East Contra Costa Fire Protection District, if necessary.” Although the other county-dependent FPDs—ConFire and Crockett-Carquinez FPD—have appointed advisory commissions, there is presently no such advisory body for ECCFPD.

The County and the cities of Oakley and Brentwood are currently discussing reorganizing the District’s Board so that its members are appointed by the governing bodies (Oakley, Brentwood and the Couty). The proposed 9 member board would be composed of 4 representatives from Brentwood, 3 from Oakley and 2 appointed by the County. These numbers are based on population. This appointed board would likely morph into an elected board with the same representation.

Local control would have a better chance of improving the district by bringing decision-making and accountability closer to the people affected. It affords local board members the opportunity to develop a Fire District that fits the local needs and encourages “out of the box thinking” looking for solutions that require experimentation and innovation to deal the myriad of problems facing the District.

California law requires that each county and city in the state develop and adopt a general plan. The general plan is a “blueprint” for development. It is a document that is required to address land use, circulation (traffic), housing, conservation, open space, safety, noise and the general needs of the city. General Plans may have a 20 to 30 year planning horizon. Why such a long timeline? Because, that is how long it can take to accomplish the vision set forth in the General Plan.

At the time of incorporation, July 1, 1999, the City of Oakley automatically adopted the Contra Costa County General Plan, as well as the County Zoning Code and other County regulations. These County regulations allowed the City to operate as new documents were prepared for the new City.

We don’t live in a static environment, so the planning process evolves. The General Plan can be revised and amended. By law, the City Council can amend the General Plan only four (4) times a year. Multiple amendments approved concurrently only count as a single amendment.

The portion of the General Plan that is amended more often than others is the Land Use Element. The Land Use Element is the fundamental component of a General Plan, and the one upon which all other sections are built, because it addresses the physical development of the Oakley. It establishes the general polices for the types and location of land uses throughout the city, such as residential, commercial, industrial, agricultural, open space, recreation and public uses. It also addresses the permitted density and intensity of the various land use designations.

General Plan Amendments may be initiated by the City or private property owners. An application for a change is submitted to the City. After the general plan amendment application is accepted as complete, work begins on determining the appropriate type of environmental document for the project. Information is sent to various local, state, federal, and private agencies asking for their comments. Upon receipt of those comments, an Initial Study is performed and the environmental document is prepared. The California Environmental Quality Act (CEQA) requires that an environmental study be prepared for some types of projects. The environmental study can take the form of a Negative Declaration, a Mitigated Negative Declaration, or an Environmental Impact Report.

The City’s Zoning Ordinance is the primary tool to implement the General Plan. The Zoning Ordinance provides detailed standards for development or the use of land. These standards include what types of uses are permitted in particular zone, minimum lot size, height restrictions, building setbacks, parking requirements, wall heights, sign criteria and other standards.

In accordance with State law, a request for a zone change can only occur when the requested change conforms to the City General Plan land use map designation for the property and applicable General Plan policies. If they are not, a request for a General Plan amendment must accompany the zone change request.

Any changes to the General Plan and Zoning Ordinance must be carefully considered. If the City were to initiate a change that would affect the value of the property, such as “down zoning” a piece of property by amending the General Plan designation to provide a lower density of development or reverting to lower-intensity uses, it would more than likely result in a “taking”.

A “taking” can occur as a physical taking, such as the use of eminent domain to build roads, or as a “regulatory taking” which is considered to be an uncompensated taking of private property occurring through government regulation.
Everyone who buys property, whether its our primary home or for future development, has an expectation of a return on our investment. If we, as a City, were to pass a regulation or ordinance that would substantially reduce the value of that investment the City could be required to pay damages, which could include the value of the property and the lost profit when the developer did not meet his investment expectations.

The takings law, as stated by U.S. Supreme Court in Eastern Enters. V. Apfel (1998) 524 U.S. 498, is “among the most litigated and perplexing in current law”. As each case is evaluated it is important to remember a guiding principal set forth in the first takings case, Pennsylvania Coal Co. v. Mahon (1922) 260 U.S. 393; “While property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking”

As a long-term policy document with a 20-year planning horizon, the General Plan will likely undergo course corrections and refinements. While planning is a continuous process and periodic review to consider changes in circumstances is necessary, the Plan must also represent a sufficiently solid vision for long-term implementation such as infrastructure investments. The Plan should strike a balance between the flexibility needed to respond to unique situations and the rigidity necessary to guide development decisions in a predictable and consistent manner. As a “constitution” for future development, some aspects should be considered foundational and not subject to interim change.

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