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Councilmember Sullivan announced that he would not support the motion due to the governance structure. MOTION: It was ms/ by Cook- Kallio/Thorne to adopt a Resolution No. 10 -368 approving the Joint Powers Agreement creating the Alameda County Transportation Commission (ACTC) and approving an amendment to the Joint Powers Agreement for the Alameda County Congestion Management Agency (ACCMA). Motion passed by the following vote: Ayes: Councilmembers Cook- Kallio, McGovern, Thorne, Mayor Hosterman Noes: Councilmember Sullivan Absent: None 15. Approve the principles of agreement regarding Nevada Street utilities /road extension and process for City consideration of related zoning, PUD and development agreement for the Irby, Zia, and Kaplan properties Director of Community Development Brian Dolan gave the staff report, stating that the City needed easements and rights -of -way and approached the three property owners to determine whether the City could secure them. While agreement could not be reached on the price, they discovered mutual interests between the parties. What is before the Council is an agreement to provide that right -of -way and to also embark upon a cooperative planning process for the three subject properties referred to as the Irby, Zia and Kaplan properties, and members of those families are in attendance tonight, represented by Peter MacDonald. Mr. Kelcourse said, in anticipation of the Vineyard corridor being developed, a number of utilities and infrastructure was proposed. Included in the 1990 and 1994 CIP were funding for both water and sewer utilities. The sewer and water master plan anticipated water tanks, sewer pump lift stations, sewer and water lines, water pump stations, the realignment of Vineyard Avenue and storm drain improvements. Most improvements have been completed within the last 10 years either through City projects or through private development. The most recent construction occurred when the City completed the Bernal Avenue Bridge, where the sewer line was constructed and placed across the Arroyo. The last portion of improvements include water and sewer lines that would be constructed in Nevada Street from Bernal Avenue to Stanley Boulevard. Mayor Hosterman indicated that the matter had been discussed several months ago, and she questioned where the City was in building the pipeline. Mr. Kelcourse replied that the plans have been done for some time, but they are simply lacking the right -of -way. Mr. Dolan referred to the agreement with the property owners. When the three owners first brought the idea to staff to consider a planning process, it was appealing because the General Plan states that the area is appropriate for commercial development. It is unique in that the zoning is agriculture. State law states the City must be consistent in the two documents. Therefore, eventually consistency must be generated. The policy statement on the property states commercial, and this is the proposal the three owners brought forward. Staff met with Mr. MacDonald and over a period of time discussed what might be appropriate. A variety and range of uses was explored, as well as development levels and design standards and guidelines. They envision in the agreement that they would go through the normal public hearing process through the Planning Commission and Council which would ultimately result in a rezoning of the property to a PUD and include a development agreement. Staff would set forth City Council Minutes Page 6 of 10 May 18, 2010