Minutes of the 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 held
April 12, 2022
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 Randy Pope called the meeting to order at 6:31 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Mayor Aaron Meadows and Councilmembers Anissa Williams, George Fuller and Sue Higgins were also in attendance.
1.2 Pledge of Allegiance to the Flag
Mayor Pope led the Pledge of Allegiance to the Flag.
1.3 Proclamation Recognizing April 3 - 9, 2022 as National Library Week (Lisa Cano-Loomis, Library Manager)
Mayor Pope presented the proclamation to Lisa Cano-Loomis, Library Manager.
1.4 National Library Week Presentation (Lisa Cano-Loomis, Library Manager) Oakley Library Manager Lisa Cano-Loomis thanked the City Council for recognizing National Library Week. She provided a visual presentation including information regarding frequency of use of library services, new digital resources, virtual events, and upcoming events. She shared the library goes beyond books to offer resources such as a seed library, outdoor explorer backpacks, California State Library Park Pass (coming soon), and Discover & Go passes. She mentioned the library provides technology such as computer stations, mobile wi-fi, laptops, and a printer-copier. She briefly reviewed the most popular books in Oakley.
Mayor Pope thanked her for her presentation and called for public comments.
Public Comments
Liz Fuller commented she is retired after working for the CCC Library and managing the Oakley Library and Brentwood Library. She mentioned she is now working with Friends of the Oakley Library. She invited everyone to become members of the Friends and shared information regarding membership cost, member benefits, Friends’ support of the Library’s mission, and she provided membership forms.
Arnold Fitzpatrick, Jr. thanked the City Council for its work and invited the Council to stop by the Oakley Library Tuesday-Friday at 3pm. He shared his objective is to support and thank Lisa and her staff for the outstanding job they do which is so much with so little, and it is so much appreciated.
1.5 Contra Costa County Library Commission Update (Yolanda Pena-Mendrek, Commissioner)
Mayor Pope announced Ms. Mendrek is unable to attend this evening so her update will be postponed and rescheduled.
1.6 Presentation by American Rivers on Marsh Creek (Sarah Puckett, Director, California Central Valley River Conservation)
Sarah Puckett, Director, California Central Valley River Conservation, provided a presentation.
She shared she helped found Friends of Marsh Creek Watershed in 2004. She provided an overview of Marsh Creek Watershed and shared there is not a lot of shade, it is habitat to many species, and it is a great resource for the community to enjoy nature. She mentioned to make it better, the channel can be excavated to make it wider so it holds more water, and they can plant trees to provide shade. She indicated the City received a $1 million grant to widen the channel near Creekside Park, adjacent to the Honey Creekside housing development. She shared photos from 2007, 2012, 2014 and 2021 for comparison. She indicated the developer of Honey Creekside is working with their team to make room for creek widening. She mentioned options for the Oakley Creekside Park Restoration Project include relocating the existing bridge upstream to Honey Lane, replacing the existing 70-foot bridge with a 140-foot bridge, or relocating the existing bridge downstream to Laurel Road. She shared they are in the design phase of the project and next steps include soliciting input from the surrounding community and people using the trail and park, obtaining input and approval from the City Council, modeling and design the bridge, and then looking for and applying for implementation funding. 2) PUBLIC COMMENTS
Public Comments
Randi Adler shared she is a victim of identity theft through Facebook and Messenger; someone opened two accounts with her name through Chase online. She shared, a deposit is not required to open an account online with Chase Bank. She encouraged everyone to look at credit reports and lock everything if they are not using it. She also shared fraud alerts can be placed on credit reports so if something doesn’t seem right you can dispute it and comment. She mentioned it is also important to contact the IRS because hackers will file tax returns before you do and have it sent to them when you're responsible for that money. She recommended notifying the IRS and all other agencies who handle fraud through the Attorney General’s Office.
Gwyn Gabe, father of 24-year old Alexis Gabe whose disappearance occurred in Oakley, commented she has been missing since January 26. He shared there is an indescribable feeling of helplessness a parent feels when their child is missing because no matter how much they do, it doesn’t seem to be enough, but he and his family have hope she is out there and will be found and returned safely to them. He appealed to the City Council to join in their efforts to bring Alexis back home. He mentioned they have lived in Oakley for 8 years, his youngest son goes to Freedom High School, their eldest son and Alexis both worked in the area; Alexis worked at Rite Aid on Main Street for over 2 years and was loved by customers for her cheery, upbeat demeanor. He shared for the past 2 months they have been distraught over her disappearance.
He mentioned they have tried hard to keep her safe and this is a parent’s worst nightmare. He shared this is an amazing community we live in; neighbors, friends, family, and strangers have given time and resources to support their endeavors, they have canvassed and conducted searches, put information on billboards, spoken with The Press, posted on social media, held events to support the cause, and they hope to offer a reward for anyone with information to come forward. He mentioned his appeal to the Council is for $10k to assist in the search for their daughter. He mentioned the community is like family and when one of your own is in need, they come together to support and the Council can demonstrate they truly have their backs in the worst of times. He commented they know Alexis is out there and they want her to feel through their actions she is loved and not alone. He mentioned they will keep looking for her however long it takes. He concluded with a quote from Loretta Scott King, “The greatness of a community is most accurately measured by the compassionate actions of its members”.
Mayor Pope inquired if the City has funds to donate toward the effort to find Alexis Gabe.
City Manager Joshua McMurray responded that staff is exploring options available to them.
Chief Beard also commented staff is exploring options.
Online Public Comments
Gwyn Gabe requested to speak (supra).
Christine Fuller requested the City Council consider aiding funding for a monetary reward for information or continued search efforts for Alexis Gabe.
Jacqueline de Guzman commented on a sideshow that occurred in her neighborhood on April 2, with over 60 cars at the intersection of Cypress and Sellers Avenue. She mentioned she learned an Oakley Police car was attacked, shots were fired from a participant, and people were hiding out in yards in the Delaney Park neighborhood. She mentioned multiple burnouts occur in her neighborhood weekly as well as people speeding up and down Sellers Avenue throughout her neighborhood. She urged the City Council to look into this more closely and direct Oakley Police to investigate these crimes more thoroughly.
3) CONSENT CALENDAR
3.1 Approve Minutes from the Special City Council Meeting held March 22, 2022 (Libby Vreonis, City Clerk)
3.2 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency and Special Public Financing Authority Meeting held March 22, 2022 (Libby Vreonis, City Clerk)
3.3 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)
3.4 Consideration of a Resolution Approving a Lease Agreement Between the City and Mulehead Growers, LLC for City-Owned Property Located at 1785 Walnut Meadows Drive, Oakley (APN 037-141-006) and Authorizing the City Manager to Execute the Agreement (Felicia Escover, Assistant to the City Manager)
3.5 Reimbursement Agreement with Ironhouse Sanitary District related to Sewer Improvements Associated with Capital Improvement Project (CIP) Number 253 - Police Department Parking Lot Extension Project (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.6 Approve the purchase of five (5) Electric Vehicle Charging Stations from ChargePoint associated with Capital Improvement Project (CIP) Number 215 - Downtown Parking Lot (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.7 Consideration of a Resolution Approving the $100,200 Purchase of a Scan Station Forensic 3-D RTC 360 Laser Scanner System and Related Training and Support from Precision Survey Supply (Tim Przybyla, Finance Director) It was moved by Vice Mayor Meadows and seconded by Councilmember Higgins to approve the Consent Calendar. Motion was unanimous and so ordered. (5-0) 4) PUBLIC HEARINGS
4.1 The Ranchettes at Neroly Design Review (DR 06-21) (Ariana Ruiz, Planning Technician)
Planning Technician Ariana Ruiz presented the staff report and shared a PowerPoint presentation. She mentioned the applicant is available to present if there are any questions.
Councilmember Fuller mentioned he is confused about the gate and requested more information.
Ms. Ruiz mentioned the gate was part of the original Conditions of Approval to be installed at the entry of Almondwood Place, if feasible. She commented that to meet the fire code, the gate must be 30 feet away from the adjacent roadway which would have placed the gate in front of the residence at 2990 Almondwood Place.
Councilmember Fuller mentioned he was confused because there is a handwritten note indicating to remove the gate and the staff report has the gate in there, so if approved tonight, he wants the motion and resolution to be clear if the gate will be there.
Ms. Ruiz confirmed the gate has been removed.
Councilmember Fuller suggested it be made clear the gate will not be there because the reports keep mentioning it will be there.
Mayor Pope opened the public hearing and called for public comments.
Public Comments
Rick Brown commented he lives on the corner of Almondwood Place. He inquired if any provision can be made for residents to get boats and RVs out of their driveways. He mentioned it is difficult to get out of their driveways now before the road is widened; they are using the vineyard to back into. He expressed his concern is if any parking will be on the street, they will not be able to get boats and RVs out of their driveways. He suggested red curbing.
Pat Leiser inquired if any members of the City Council have been down Almondwood Place to see the grading of the elevations. He mentioned part of this is promises made and promises kept; residents were told they would have a gate and that is now no longer going to happen. He explained his lot is on the right side and there is 6 feet of fill along the left side of his house that looks into his side yard and backyard; the adjacent foundation will be at the eaves of his roof.
He mentioned he spoke with Jackie and Brian, and they explained they can't fit the houses in if they don’t do this elevation. He shared a photo with the Council. He mentioned he requested on the south side of that lot to have a retaining wall and fence built so the resident can’t see into his backyard, and put trees between the fences, and they agreed, but he wants to put it on the record so it gets done. He mentioned the developer also said they would put a 7-foot fence on the lot and replace his 6-foot fence with a 7-foot fence. He commented he would appreciate if the Council drives by and looks at it. He shared he wasn’t expecting anything like that. He mentioned Brian shared with them there will be an HOA for the development. He requested they include there will be no overnight parking on the street in the HOA so they are not stuck to get in or out with their RVs and/or boats. He mentioned Brian was going to look into it.
Councilmember Fuller inquired who Jackie and Brian are.
Mr. Leiser responded they are Jackie Seeno and Brian Kesler.
Jackie Seeno, property owner and builder, mentioned she is available to answer any questions as well as Brian Kesler, Project Manager, and their architect. She shared that she spoke with the neighbors regarding the gate and as she mentioned previously on the record at the prior hearing, she would explore it if feasible and practical. She mentioned the plan did not initially include a gate and the gate does not meet the fire code because it requires a 30-foot clearance which they don’t have (it would land in the middle of the neighbor’s driveway); however, they are agreeable to put in the retaining wall, fence and landscape screening. She indicated the HOA language can address overnight parking and she would recommend if the Council should include something in the resolution that it provide for an exception should someone have a backyard wedding or event at their home where guests may be staying overnight and parking on the street.
Councilmember Fuller commented he prefers the developer go back to the drawing board and all of the neighbors are reassessed. He mentioned the residents from Almondwood and Ms.
Seeno have been discussing this project for over a year and they might be stepping on some toes. He commented one part of Almondwood is private and he would like to see her and City staff reconcile with the neighbors regarding some of the things he is hearing about. He commented he is not sure if he would be happy with someone’s roof line in his backdoor. He shared he is hesitant to say no or yes; he would like to see some of these issues reconciled and staff provide direction. He mentioned the staff report has handwritten notes and promises, but it would be nice to have it cleaner and codify it in the 4 corners of the document.
Councilmember Williams inquired if they could write it into the resolution so they get that fence and there is no confusion and there is some protection. She also inquired if they could also include language for the curbing so residents could have some recourse if it is not put into the HOA.
Mr. McMurray responded they can add it in the resolution if the Council approves and includes in its motion to have those additional conditions. He shared as drafted now, page 4 of the resolution, Condition of Approval 12 indicates the prior Condition of Approval which was Condition 22 regarding the potential installation of the gate at Almondwood Place, would no longer remain in effect, with approval of the resolution as drafted.
Ms. Seeno explained there are a lot of different restrictions to the grading because of the septic; it doesn’t connect to City sewer because at the time it was approved, it was over 3,000 feet to the nearest sewer. She mentioned to make the site work and stay within restrictions, they had to grade differently or higher than might occur on another site. She shared they have worked with engineers to try and figure it out and it has taken 10 years to get to this point.
Mayor Pope suggested to add a Condition of Approval for overnight parking if the majority of the Council is in favor of it. He mentioned he is not sure how they address both sides of the street.
Mr. McMurray explained they can only address the north side because the south side is not property owned by the developer.
Mayor Pope commented another Condition of Approval would be for the 7-foot fence on the higher side.
Councilmember Williams commented landscaping should also be included.
Mayor Pope inquired whose land falls between the two fences and who maintains it (the land between Mr. Leiser’s property and the lot adjacent to his with the high grading he mentioned).
Ms. Seeno offered to prepare an exhibit to memorialize it.
Brian Kesler, Project Manager, responded that the wall will meet Mr. Lieser’s fence and the triangle in between is part of the front yard for Lot 13; it will be landscaped consistent with the front yard and they will add taller landscape screening.
It was moved by Councilmember Williams and seconded by Councilmember Higgins to adopt the resolution with an additional Conditions of Approval. Motion was unanimous and so ordered. (5-0)
Mayor Pope gave kudos to everyone for being good neighbors and working together.
4.2 Quick Quack Car Wash at Laurel Plaza Conditional Use Permit (CUP 02-20) and Design Review (DR 08-20) – Request for approval to construct and operate a 3,595 square foot drive-through car wash facility; APN 035-510-009 (Ken Strelo, Planning Manager)
Planning Manager Ken Strelo presented the staff report and shared a PowerPoint presentation.
He recommended Condition of Approval #10 require additional sound studies after the business is fully operational.
Vance Shannon, PreConstruction Manager with Quick Quack Car Wash and Applicant, provided a PowerPoint presentation including information on water conservation, minimizing sound, how they mitigated sound further by rotating their building 180 degrees, traffic flow and safety, how they mitigated impact to safety further by changing hours of operation to start after school is in session, Oakley codes allowing the business in this location, and a car wash and vacuums previously allowed and planned. He mentioned no CEQA issues have been presented and the Superintendent and Laurel Elementary School Principal are not opposed to the development of Laurel Plaza as proposed. He also mentioned a school crossing guard is on duty to ensure children get to school safely and the site is consistent with site characteristics at the Arco Gas Station at Cypress Road and Main Street. He shared they will perform all traffic mitigation recommendations listed in the Traffic Study provided by Fehr & Peers such as high visibility crosswalks with advanced stop bars for all crosswalks at Laurel and Mercedes, modifying the signal phasing to include leading pedestrian intervals at the Laurel and Mercedes intersection, and install blank out “No Turn on Red” signage to increase pedestrian safety for eastbound and southbound approaches at the Laurel and Mercedes intersection which should be operational during school pick-up and drop-off hours.
Claire Pincock, Acoustical Consultant, MD Acoustics, commented that they look at existing data, and manufacture data to create a model and they project that. She referenced the other study done which took manufactured data and used that to create their model. She mentioned in their case, they have been working with Quick Quack for a while and they have gone out to multiple sites and have taken real-life data. She shared for this particular model, she took 48 different points of calibration to make sure their model is accurate, specifically focusing on the entrance as it was switched around to make sure that it will not exceed at the property line. She addressed concerns regarding the second story on residences and indicated the model included looking at the second story to ensure it meets the noise ordinance. She mentioned they try to make it as accurate as possible and no one has as much Quick Quack data as they do and no one can make a Quick Quack model the way they can without their data. She explained when she makes these models she leans toward being loud because it is very important for Quick Quack and them not to disturb residents because if they are over the noise level allowed by ordinance, they run risk of complaints and shutting down. She commented that she edges on the loud side, assumes silencers will only provide a 4-decibel reduction rather than the full 7 decibels, and she uses the loudest measurement to calibrate it to determine what is the absolute worst that can happen. She mentioned they have real-life data at 3 locations and applied that to the model.
Ben Huie, P.E., Kimley Horn and Associates, commented he looked at the Fehr & Peers study and summarized that at the intersection of Laurel and O’Hara, existing levels of service are acceptable, the previous study analyzed the entire Laurel Plaza, and even with additional traffic, it was only going to add five seconds of delay so it still meets the criteria for the City to have no additional traffic improvements. He mentioned this project would have even fewer trips because it is just the Quick Quack, not the entire Laurel Plaza. He added there is minimal traffic and with Quick Quack adjusting the hours of operation to begin at 8:30 a.m., there will be even fewer trips than shown in the study. He mentioned the peak hours of use are 4 p.m. to 6 p.m. so it will not coincide with school traffic times for drop-off or pick-up.
Councilmember Fuller asked Ms. Pincock what methodology was used for gathering data.
Ms. Pincock shared they went to four Quick Quack Car Wash locations and Moreno Valley most closely resembled the design for Oakley except that it has a shorter tunnel and the opening/exit is not quite as closed. She mentioned she takes measurements from those locations and when she makes her model, she sticks blowers in there and she runs the model. She indicated she places receivers on all of the areas where she took measurements to see how close the receivers match the real-life measurements they took and sees which is the loudest. She mentioned for these tunnels there were no silencers. She mentioned rather than just dropping 7 decibels, she calibrates without silencers and looks at every point, and if she is ever 5 decibels quieter than any point she has measured, she turns it up just to be safe.
Councilmember Fuller commented he is hearing she went to different Quick Quack Car Washes. He inquired if they are all uniform, if they are all built the same, and if they are all in the same area as this one will be located.
Ms. Pincock asked if he could clarify his question.
Councilmember Fuller inquired if the sound decibel level is the same as it will be in Oakley and if so, what is the premise.
Ms. Pincock responded the Quick Quacks use the same equipment so if the Oakley site lays it out the same, it will be the same. She mentioned this is why they average four and the Moreno Valley calibration is the most similar; it has the same liner, same number of blowers, and very similar length, just shorter, which means it actually is going to be louder so it was a conservative measurement for her to compare the Oakley location with Moreno Valley. She mentioned the opening will be a little bigger so a conservative way is to compare.
Councilmember Fuller inquired about the median measurement of the four locations.
Ms. Pincock responded that she took measurements at 12 different locations around each car wash so the median depends on where the measurements were taken; for example, at the entrance it is 102 decibels and at the exit it is 86 decibels.
Councilmember Fuller inquired if after she took noise levels if mufflers were installed and it was remeasured or mufflers are deemed to guarantee up to 7 decibels reduction and they are placed in those points.
Ms. Pincock responded mufflers provide a 70 dB reduction. She shared the other study lowered it by 7. She mentioned other data from consultants and manufacturers indicate between 5 and 7 decibels are lowered. She mentioned after she is done with her model from data taken at the four Quick Quacks, she ensures that no point is quieter than 5 decibels to account for those mufflers so she has a 5 decibel buffer; she knows the mufflers are going to provide at least 5 dB reduction so at that point she knows she is 5 decibels under the one at Moreno Valley and it is going to do at least that well, if not better.
Councilmember Fuller inquired if she is licensed as a sound expert.
Ms. Pincock responded, “Yes”.
Councilmember Fuller inquired as a sound expert, what the sound decibel is within a school.
Ms. Pincock responded there are no set standards for outdoors; indoor standards in California are not to exceed 65 decibels in a place where children will be, but there is no set law.
Councilmember Fuller inquired if there is any way of determining what the decibel level would be inside Laurel Elementary from the car wash site.
Ms. Pincock responded she can do that; it will take a study so she is unable to just give numbers.
Councilmember Fuller inquired as a licensed professional, what would be the recommendation for first through third graders to endure for decibels on an ongoing basis, especially if they are in special education or disabled and wear hearing aides.
Ms. Pincock indicated the interior standards are based more on mechanical noise and reverberation time and less based on noise from the exterior. She shared some standards she has seen say 45 decibels.
Councilmember Fuller inquired if there is any data if a child is disabled, wearing double hearing aids or wearing a cochlear implant.
Ms. Pincock mentioned research is still being done and brick and mortar schools offer quite a bit of reduction because they tend to be hefty buildings.
Councilmember Williams asked the applicant to provide the Council an idea of how many cars are going through the car wash per hour in a similar location.
Mr. Shannon responded that there are 350 cars on average per day with more in the evening and the car washes open and close as cars go through the conveyor. He mentioned the school is far enough away that there will be no sound effect from the car wash that they can prove with a study.
Councilmember Fuller commented there is no data.
Mr. Shannon mentioned they can present data, but the school is too far from the car wash.
Vice Mayor Meadows inquired how many cars can run through the car wash in one hour.
Efrain Corona, Vice President of Development, Quick Quack Car Wash, responded that if ran at full speed, it can accommodate up to 162 cars per hour; however, the most washed in 1 hour ever was just under 100 in any location. He mentioned usually the busiest hours are 4 p.m.-6 p.m. and data is measured at the property line which should be sufficient data when considering there is no impact to the school.
Councilmember Fuller commented he recalls when props went to jets and at LAX and Playa del Rey they demolished apartments, then at O’Hare in Illinois they finally said jets have to be muffled. He mentioned he doesn’t know what the decibel level was at Playa del Rey, but people couldn’t live there; the foundations are still there.
Mayor Pope called for a brief recess at 8:05 p.m.
The City Council reconvened at 8:14 p.m.
Public Comments
Shelly Fitzgerald presented on behalf of residents and property owners of Woodglen Estates, and the surrounding community. She mentioned they are requesting the Council deny the CUP to operate a Quick Quack Car Wash at Laurel Plaza. She indicated they want to make it clear they have no issue with Quick Quack specifically or car washes in general; the problem with this application is the site selection. She mentioned car washes are not listed in the retail business zoning. She expressed they do not believe the City can make the findings required to authorize this CUP. She mentioned 2 out of 3 noise studies indicate Quick Quack Car Wash will violate Oakley’s noise ordinance. She shared 900 residents have signed a petition opposing a car wash, or any drive-through uses at this location. She indicated this type of use conflicts with multiple elements of the General Plan. She mentioned car washes are not allowed by right in retail business zoning nor are they listed as conditionally permitted. She mentioned the last sentence in paragraph 2 of page 1 of the staff report for tonight mentions, “Uses that are incompatible with residential uses due to noise, vibration, or other characteristics are not permitted in locations that may impact existing or future residential development.” She shared this site exists within a school zone as defined by California Penal Code Section 626 as “any area within 1,000 feet of a school” and this site abuts a residential zone which is to be protected against “intrusion of any incompatible land uses and disruptive traffic”. (References supporting quoted material are provided for in the hard copy of the presentation, made part of the meeting record). She mentioned the first sound study done by MD Acoustics in March 2021 for Quick Quack did not consider Table 1 of the noise ordinance which requires the allowable noise levels to be lowered by 5dB for simple tone noises such as blowers which are associated with car washes. She mentioned this study accurately indicates that the nearest receptor sites have two floors and reportedly the project would exceed the allowable noise level at 50 decibels at sensitive receptor sites, with a projected project noise at 55 decibels, and total noise level of 58 decibels. She referred to the second study done by MD Acoustics in December does take into consideration Table 1; however, it curiously only considers one floor of the receptor sites and although they purport the project noise level will comply, being at the maximum threshold of 50 decibels, the total combined noise level will exceed the ordinance at 57 decibels. She mentioned they should keep in mind that the majority of homes near the site are two-story homes, with many of them being tri-level, putting their primary living quarters on the second floor. She mentioned the third sound study conducted by CSDA found that noise generated by the planned Quick Quack Car Wash at Laurel Plaza is expected to exceed the 50-decibel noise limit by being up to 60 decibels at the residences directly to the north. She shared that this study took into consideration these elements, Table 1, elevation changes between the propertiesapproximately a 5-foot difference in elevation, current fence height, orientation of the car wash tunnel going from north to south, and the potential for future shops. She mentioned another component of the MD study requiring evaluation is they conducted at 24/7 study of ambient noise by placing their receptor out at Laurel Road next to the gas station pumps and recorded that the lowest level of sound was at 55 decibels from a reading taken between 9-10 p.m. on a Friday night. She shared a video of current ambient noise levels at the property line of a sensitive receptor; the recording was taken on a Saturday afternoon, precisely when a car wash will be its busiest. She compared how studies compare to the reality of living behind a car wash.
She shared a study done by Bollard Acoustics for Quick Quack at Watt Avenue in Sacramento and that it indicated the predicted noise levels produced by Quick Quack at the nearest residential property lines from the car wash would be 54dB which would comply with Sacramento’s daytime noise level criteria. She played a video of the noise taken by Monica Wilcoxon from her backyard. She shared that she and her husband have taken a couple of trips and have spoken with property owners west of and adjacent to the Calvine Road Quick Quack where they installed silencers, they narrowed the opening and closing, they flipped the tunnel 180 degrees, and these residents were ready to sell their property that had been in their family for 100 years and move. She mentioned they also spoke with residents behind the SuperClean which is one mile away at Empire and Laurel, and the Quick Quack in Brentwood which is 3 miles away, and they all had similar things to say, that the noise is terrible. She mentioned they should keep in mind that vacuums and blowers are not the only noise that comes with a car wash; there are slamming doors, people yelling, loud music, aging and breaking parts of equipment, etc. She shared a video someone took in a backyard of loud music playing from the other side of the wall. She mentioned they have spent the better part of the past year trying to get the 7-Eleven to comply with idling laws, only to get intermittent peace. She inquired if they will be held responsible to ensure compliance with whatever conditions the City might impose on Quick Quack as well. She shared that 900 people signed a petition opposing the joint McDonald’s and Quick Quack proposal, mentioning concerns regarding safety, traffic, noise, blight, environmental, auto-oriented, not pedestrian-friendly, not neighborhood serving, and inappropriate zoning. She indicated that if the CUP is approved, in the Land Use Element, the following items will be violated: Policy 2.1.4 “promote the placement of the most intensive nonresidential development (commercial, business park and light industrial) in the Northwest Oakley Planning Area”, Policy 2.1.8 “discourage development that results in land use incompatibility”, Policy 2.2.3 “protect existing residential areas from intrusion of incompatible land uses and disruptive traffic”, and Policy 2.2.9 “consider the cumulative effects of development on community facilities and services, such as transportation and schools, throughout the planning process”. She mentioned the first goal of Oakley’s Noise element is to “Protect residents from the harmful and annoying effects of exposure to excessive noise”, and (Id, 9-11 to 9-12) industrial uses generally associated with fixed-source noise issues are “generally confined to the north end of the City of Oakley”. She added, in general, these uses are separated from residential uses and do not result in noise related complaints.” She mentioned they understand the intent of the noise ordinance and it is not to allow incompatible uses to push the limit of allowable decibels, but rather to protect the sensitive uses from intrusion of those incompatibilities, and by allowing car intensive uses in this neighborhood and in a school zone, they are discouraging walking and bicycling, they are not supporting safe routes to schools, and they are compromising pedestrian safety for the hundreds of children who use this route to get to and from school.
Diane Merritt commented she lives in the nearest home where the Quick Quack would be located, she is retired, and her health cannot tolerate the loud noises and car music that would occur if the Quick Quack is allowed to be built behind their homes. She shared that the sound wall is not tall enough to absorb the noises coming from the other side of her backyard. She mentioned she mostly lives on the second story of her tri-level home; it is where the kitchen, living room and backyard deck are located. She mentioned the sound study is based on the first level of her home which she is primarily not using. She mentioned trucks have been inappropriately idling behind her sound wall for lengths of time which resonates about 100 times louder over the sound wall into her home. She shared that an idling car with loud music recently was on the other side of the sound wall so she rattled her wind chimes and tree until he left. She shared another incident was an idling sweeper truck for at least 30 minutes so she drove around, took a picture of the truck, and asked the driver if he was waiting for someone. She mentioned he responded he was warming his truck up for work and she explained their homes are greatly affected by noise which is magnified by the wall. She mentioned homelessness, trash, fights, car racing, drinking, drug dealing, and abandoned vehicles mixed in with neighbors and children trying to walk through this area is not a safe environment. She shared a Core-Mark truck idled behind her sound wall for 80 minutes. She mentioned these are the daily occurrences she encounters living behind the 7-Eleven and they restock 2-3 times weekly. She shared once a semi-truck laid on its horn 5 times in a row and the sound blew as loud as a train; any respect for their privacy and enjoyment is out the window and this proves it. She mentioned the 7-Eleven was clearly a mistake to the quiet neighborhood and should never have been approved. She commented with a car wash there, they might as well put in a mini amusement park with strobe lights, light shows, sounds, bells and whistles, flashing signs, water spraying, heaters blowing, vacuum sucking and complete utter noise, not discreet at all. She mentioned it would be so distracting and would draw the same kind of people the 7-Eleven draws. She mentioned their property values will fall, they will not feel comfortable of having a party of any size in their backyards as it would be a total embarrassment to them.
Roberto Estrada commented it is important for the Council to deny the CUP as that is no place for that type of noise and the kids walk through there so this drive-through is no different from McDonald's. He shared he works for Safeway on Ygnacio Valley Road and nearby is a California Fish Grill, Starbucks, Mod Pizza, other restaurants, and Pet Smart and none of them paid for it. He mentioned they built out the property and the industry came. He suggested Blackhawk build and business will come.
Donna Chaddock requested the Council not be fooled by the applicants’ plans. She mentioned they claim they are changing lives for the better, but the Council should not be fooled by that statement; Quick Quack is not going to change lives for the better. She mentioned Mayor Pope said the problem with Laurel Plaza is one thing, but it is actually 3 things--location, location, location. She mentioned they will not give up fighting; there are 140 trees planted there to create a beautiful plaza. She encouraged the Council to walk the property and take a look at the leaves; that is what this is intended for. She shared her home is 700 feet west of Laurel Elementary and before they vote on this item, they should come to her home, sit on her front patio and listen to announcements at Laurel Elementary. She mentioned she can hear them clearly each day; it is one person, one voice on a speaker; and she can hear it on her front patio and in her backyard.
Bud Chaddock commented there were a lot of good points brought up earlier. He mentioned noise carries and it will sound like a concert down the street. He shared that in front of City Hall someone did a burn out and nothing is being done about it, but that is another issue. He mentioned safety for kids—the location is too busy and there are drugs and needles in the parking lot of which the City has cleaned some up, and there are 6-packs on the ground from 7- Eleven customers. He commented that a small restaurant might promote that in a different environment. He mentioned with decibels at the 180-mark with 7 less, sounds definitely will carry. He indicated the video shared earlier sounded like a jet plane taking off and the person earlier mentioned there could be up to 162 cars per hour which may sound like this. He mentioned he hears enough drag racing and that is not being stopped. He indicated this is like watching Waterworld; let it all go, tear itself up, and deal with it later. He referred to the chemicals that would be used, 18-23 gallons per car, and inquired what happens to the waste and what the toxins in the chemicals do.
Alicia Torres commented that this is a well-established neighborhood, one of most desirable, with most homes being owner-occupied and owners take pride in their homes; it is a beautiful area. She mentioned if the City approves the CUP, there will be idling cars creating pollution for homeowners, it will impact homeowners and kids walking to school, ingress/egress to the car wash will contribute to traffic in the area, the continual droning noise will be consistent 8:30am9pm, as well as constant music going on to try and get over the noise of the vacuums that will be a nuisance. She commented that homeowners wanting to sell will have to disclose these things that will bring down home values. She asked the Council to say no to the CUP.
Mary Roney commented she has been a Woodglen resident for 35 years and she agrees with everything in Shelly Fitzgerald’s presentation. She shared she is opposed to the CUP; it is incompatible with residential uses due to noise, vibrations and other characteristics as stated on the first page of the CUP staff report. She indicated it doesn’t fit within the 2008 definition of Laurel Plaza, a walkable, residential plaza, and the City never should have allowed a gas station and 7-Eleven at the plaza. She requested the City not continue to put businesses in that mimic the same traffic flows. She mentioned if they build out the area, business will come.
Jaime Spohn commented she is a long-time resident of Woodglen Estates from its beginning.
She mentioned Shelly Fitzgerald provided an excellent presentation. She expressed it is a public safety concern to have a drive-through in an urban area; children are at greater risk of being in a vehicle collision in proximity of a drive-through and children and pedestrian safety will be impacted by traffic generated for any drive-through business at the plaza, including the existing 7-Eleven. She mentioned they have property rights without commercial development adversely impacting livability and value of their homes. She shared the can hear coyotes near the canal outside and that will no longer exist with this. She mentioned this business is not compatible with Laurel Plaza and should not be near schools and their neighborhood. She requested the Council deny the CUP and look to Blackhawk to provide a plaza worthy of development for the betterment of the City.
Paul Seger commented he believes the Council received a letter from Greenfire Law providing how and why they can deny the CUP. He shared his observation before a private property rights discussion. He mentioned in 2011, during the Citywide Rezone, there were over 850 homes involved and Mayor Pope didn’t question that people were saying they didn’t receive notification; he seconded every motion to change the zoning for them and made no effort to have the City reach out further to have property owners informed. He mentioned Mayor Pope also supported a number of eminent domain cases; taking people’s homes makes the City different. He mentioned Mayor Pope also voted to rezone the Bistro which is probably the best-looking building in the City. He indicated that private property rights are unequally applied to the community. He commented that Councilmembers Higgins and Williams were making an attempt to limit the number of gas stations and undesirable businesses last year, but Mayor Pope took the position of developers, to get developers together to have a conversation, and did not consider the stakeholders which are the community residents. He mentioned it seems to always lean in favor of a few extra bucks.
Randi Adler inquired if the company was required to do an EIR because of all of the carbon monoxide in the air of all of the cars going through. She shared that 4 years ago, she almost died from pulmonary embolism and was on oxygen for a very long time. She mentioned all those cars will impact breathing of people on oxygen and will impact the neighborhood. She mentioned when she first moved from Los Angeles to the Bay Area, she was a teacher in an elementary school with ADHD students and any noise—planes, cars, etc. would impact their learning to pay attention. She mentioned this car wash is less than a mile away and questioned why the City needs another and how many the City needs that will affect children, people and lives. She shared that Mayor Pope lives next to this location and it impacts him. She indicated she would demand an EIR before considering it.
Tosha Grey urged the Council to deny the application for the CUP. She mentioned Shelly Fitzgerald did a great job presenting reasons the CUP should be denied. She indicated there is a difference between studies and reality; the applicant’s inconsistent sound study makes her question the integrity of the study and if they are manipulating data for desired results, results at the maximum allowed. She mentioned she questions the integrity of the study and intention of the applicant, and what kind of neighbor they will be down the road. She mentioned it was shared that the car wash is busiest in the evening when residents are more likely enjoying their quiet backyards. She mentioned the study didn’t account for noise attracted by this business.
She mentioned the original plan for this site included a bank, Rite Aid and grocery store and now it’s a 7-Eleven and talk of a McDonald’s and car wash, a far cry from a walkable outdoor center. She questioned what type of businesses a McDonald’s and Quick Quack would attract to complete the plaza. She inquired why the City is trying so hard to fit a square peg into a round hole. She encouraged the City to bring businesses to benefit the community and this is not one of them. She commented that residents don’t oppose every applicant the developer brings forward, they don’t have group of people that oppose every project, and they have a community that cares. She mentioned it is a seller’s market and residents in the neighborhood are not selling because they care about their community; they are here to try and protect the life they have built in Oakley and what more could the City want other than residents committed to their community to uphold its quality. She mentioned the noise won’t affect students in class, but they will be impacted by it traversing to and from school, as well as the traffic. She requested that the City not continue to build upon one bad decision of allowing the 7-Eleven. She implored the City to continue to work with the developer to bring something that will benefit the adjacent neighborhood and surrounding community.
Matt Beinke with Blackhawk Properties, commended Quick Quack for agreeing to a postconstruction condition as most businesses would not agree to it. He explained that being able to prove they do conform to the CUP is a huge value because it is their risk, not yours; they get shut down. He mentioned there are discrepancies in the sound studies, but it doesn’t matter because once in place, the proof is in the pudding; they are going to conform or they get shut down. He indicated Quick Quack is complying with the City’s rules, its General Plan, its zoning which allows drive-throughs and car washes, one of which was already approved, and they are in compliance with City ordinances.
Online Public Comments
John Stanley commented the noise ordinance should be 70 decibels to the street. He mentioned they (Quick Quack) can even install sound damping equipment in the blower section.
He mentioned the wash will only be active if there is a vehicle in que for washing; it’s not just continuously on.
Paula Kemp commented that a car wash should not be put in on Laurel near the elementary school. She mentioned as a small city with limited expansion space and a rural feel, she thinks the City should be very judicious about what businesses are brought in and where they are placed. She encouraged the City to look for different businesses that will enhance the City’s feel and not more of the same.
Andrea Wacker commented she lives in the Woodglen neighborhood directly behind Laurel Plaza and she is adamantly against the car wash for reasons including increased car traffic to the school zone area, increased car emissions, queue line, and the incredibly loud speakers and equipment; and this plaza was supposed to be a pedestrian-friendly center. She mentioned with another proposed car-centric business, this is exactly opposite from the intended goal of the plaza. She mentioned they live in a neighborhood and want it to remain a neighborhood feel, with low noise level, and reduce cars to their local businesses. She mentioned all concerns presented for the McDonald’s remain valid concerns for the car wash at this plaza. She requested the Council vote no to the car wash.
Russ Fitzgerald requested denial of the Quick Quack CUP. He explained the elevation variance between Laurel Plaza and the residents of Woodglen Estates is significant, making the wall between them basically non-existent, leaving these residents highly vulnerable to any noise produced from Laurel Plaza. He mentioned as they have experienced in the past year, the noise produced from one idling truck at the 7-Eleven can impact their quality of life and having to fight for compliance of the CUP issued to them to have their trucks shut down during delivery has been exhausting. He mentioned the thought of a car wash tunnel operating 7 days a week is unthinkable and a project of this intensity does not belong at this highly noise sensitive location.
He requested the Council help protect one of Oakley’s most highly desirable neighborhoods and the place he has called home for the past 25 years, Woodglen Estates. He requested the Council deny the CUP for Quick Quack Car Wash. He mentioned Oakley has many building sites that are more suitable for this type of business.
Lindsay Waters requested the Council consider denying approval of the Quick Quack Car Wash and mentioned it is a safety concern as an auto-focused use near the elementary school, there is a noise issue for the adjacent neighborhood, and a private sound study was conducted and findings conflicted with the sound study that the developers had done. She requested the Council not take away their right to enjoy their property by approving a business that violates sound ordinances.
Monica Wilcoxon commented that she used to live in Arden Manor in Sacramento for 25 years close to Watt Avenue and knew she would have to deal with that noise, but it was never an issue for her until the Quick Quack Car Wash opened up. Prior to the Quick Quack opening, she shared she enjoyed backyard barbeques with neighbors. She mentioned they were hoodwinked by Quick Quack and the County in that they told them what they wanted to hear and made promises that were not kept, including a sound wall that ended up being a man-made, fake stone fence with holes that could be seen through and was about 5 feet too low. She shared that every day from 7am to 10pm, they lived in noise pollution hell, the worst being the vacuums and reverberating bass from car stereos, so loud, it made their windows shake. She mentioned there is no sound wall that will mask that no matter what studies show. She explained that they tried to fight it for over a year with no help from Quick Quack or the County and finally moved, selling their home for about $50k below property values in their area because of the Quick Quack. She mentioned she tells everyone she knows that she takes it as a personal insult if they even become a customer.
Jessica Taylor with Greenfire Law, PC submitted a letter indicating she represents Shelly and Russell Fitzgerald who are working together with a community of concerned neighbors and citizens who share a fence line with Laurel Plaza in Oakley. Her letter, along with an attached carwash noise study prepared by CSDA Design Group, were made part of the meeting record.
Liz Elias commented that the Quick Quack Car Wash is yet another in a string of bad ideas being considered by the Council. She mentioned it is not needed because there are numerous car washes in the area, including the Arco at Main and Cypress, the new Quick Quack in Brentwood, and a third on Laurel. She also mentioned it is not a good fit for the location based upon the exact same criteria that resulted in denial of the CUP for a drive-through at the McDonald’s including same traffic and noise issues, same lack of being pedestrian-friendly, etc.
She commented it is time to stop filling up Oakley with gas stations, car washes and storage facilities. She mentioned the City’s street signage invites people to “live, discover, enjoy” or similar wording, however, there is not much to enjoy here; aside from Big Break there is basically nothing to do in Oakley; there are a ton of under-used green space parks and not much else. She added she is in favor of green space but Oakley already has enough and it needs actual recreational spaces as well, for example, a roller skating rink, ice skating rink and a place to rent boats or kayaks. She suggested a recreational park representing the agricultural history of the area as a tourist draw, with docents in period costumes, a blacksmith, general store, old time school, a few cabins/cottages, field of crops, etc., similar to what has begun at the East County Historical Museum with the Byer/Nail house and grounds. She suggested it is time to think outside the box and make Oakley a destination.
Kevin Tiernan commented he stands firmly against this “heavy vehicle traffic” opposite a school on an already overloaded road. He urged the Council to only allow what that property is zoned.
He mentioned the continued degradation of their community sits squarely on the Council and with fresh members and the strong community they continue to build, it will assist the community in appropriate growth. He added that Oakley should not be a dumping ground for other cities.
Marilyn Tiernan commented the same as Kevin Tiernan.
Diane Merritt requested to speak (supra).
Roberto Estrada requested to speak (supra). His written comment indicated he objects to any consideration of the Council’s approval of a CUP for Quick Quack at Laurel Plaza. He mentioned Quick Quack exceeds the noise level allowable within 100 feet of a residential community and it is still unsafe to allow any drive-through where school children are walking through. He mentioned the unlawful manipulation of sound studies performed by Quick Quack do not address 2nd story homes and a 3-foot sound wall.
Alfred Zaragoza requested the Council not accept the application from Quick Quack Car Wash.
He mentioned Oakley does not need another car wash in a residential neighborhood. He suggested putting it on the north side of Rose Avenue on Main Street.
Rebecca Mears commented she feels like this is a dead-end subject and doesn’t know why they continue revisiting something that is not aiding the community. She suggested finding a local business or something actually beneficial and needed. She mentioned another car wash is not needed as there are several in less than a 5-mile radius of this location. She opposes this car wash being in that area for multiple reasons and previously commented that something kids and families should be able to access would be more beneficial.
Eve Dooms commented she has zero respect for Quick Quack and they obviously have no respect for the people that would be affected by the noise and pollution they will be creating.
She asked the Council to consider the surrounding neighbors to the proposed Quick Quack will be robbed of their quiet enjoyment of, not only their yards, but inside their very homes, especially 2 story homes that are not protected by an ineffective sound wall. She also asked the Council to consider the water shortage; it is ridiculous to allow a water hog company to build anywhere when residents are having to let their lawns die because they don’t have enough water. She requested the Council stop the Quick Quack.
Councilmember Williams commented that the video they just heard was taken in someone’s backyard and she can’t imagine those decibels are acceptable. She expressed she appreciates all of the yields Quick Quack has made; she just has a lot of concerns how they go back. She inquired who conducts the sound study 14 days after if they don’t comply. She mentioned she is not so much concerned about safety but it does go against the intent of walkable businesses in that retail district for the plaza. She mentioned there are 3 new people on the Council because people didn’t agree with the 7-Eleven and direction it was going in. She mentioned she needs someone to say the noise from the backyard is within acceptable sound levels.
City Attorney Derek Cole commented that the Council may allow the applicant time for a rebuttal, they have sound experts here, and it would behoove the applicant to respond to those statements and videos or tell us they don’t want that opportunity.
Mayor Pope commented he will allow it if the Council requests.
Councilmember Fuller commented that this is what he has always envisioned for a city; the community comes together to have a City that thrives. He shared he has gotten the message the community wants no more car washes, fast-food or storage. He expressed concern it just doesn’t fit; the sound study measurements of 105 to 84, a number of times over 50 decibels. He shared he just heard they are going to give it a try and if it doesn’t work, they will shut it down; they are not convinced it will be within. He mentioned delivery trucks are idling behind 7-Eleven when the CUP says not to. He commented that this is a several million-dollar investment for Quick Quack and if they don’t meet noise levels, he doesn’t think it would get shut down; they would have to come to a compromise. He mentioned until jet engines in communities started having to silence engines they did not, and the noise can do damage to a community. He commented that it was a very professional presentation given by Ms. Fitzgerald, but he can’t use it scientifically because the data is not there. He mentioned if they could see his service dog when the videos were playing, he didn’t like noise. He shared he is not swayed by the school and does not want anyone going back there with the expense. He indicated Ms. Fitzgerald is correct; school zones are given extra protection and kids come first. He mentioned there are kids there that are young, with hypersensitivity or in special education with hyper hearing aids and they are saying the school is too far away but no one has measured it. He also mentioned the sound expert indicated 45 decibels is the highest and we’re talking about 50. He shared nothing has changed in regard to traffic; it is the same as McDonald’s. He mentioned they cannot mitigate the noise, traffic and disruption to the community and therefore his preference is to vote no to the CUP.
Councilmember Higgins thanked Councilmember Fuller for saying it so eloquently. She shared she can hear Freedom High School bells from her home that is 2.5 long city blocks away; sound carries. She mentioned she visited the Quick Quack in Brentwood and sat near the exit by the vacuums and had a headache within 10 minutes. She indicated the vibration gets to you; it is awful and deadly. She agreed the property is an eyesore and wants to lead our youth to do a trash pick-up. She indicated development would help, but not this development, and she is not going to okay it.
Councilmember Williams commented she would like for the applicant to have an opportunity to rebut the sound in the video.
Ms. Pincock commented that the sound is not the same and she took measurements all around the car washes. She explained when you stand under the blowers, sound is at 102, when you stand at the entrance, it is at 84, at the property line it is 46, and at the second-story windows you get 50. She mentioned she doesn’t know in the video where they took the measurement, but these residences are 250-feet away from the entrance and it seems from the video to have been a lot closer than that. She explained that sound dissipates once further away; it will be 50 decibels at the property line based on calibrations of multiple measurements. She mentioned they would only agree to a post-mitigation survey because they are confident in what they are going to do and because if they are wrong, the car wash won’t be able to function. She mentioned the difference with the study is the model because there is not a car wash currently there. She indicated they are doing their best to estimate and they are overestimating to be safe. She mentioned a post-mitigation survey will involve someone going out there with a sound meter and saying if it is over the allowed amount and they welcome staff to go with them or the City is always welcome to direct an independent study instead to ensure compliance.
Councilmember Williams expressed she does not want a situation where they have thrown up their hands. She mentioned the people in Sacramento sold their house so they must have had complaints. She indicated this project is different from the intent of the retail business district.
Vice Mayor Meadows inquired who would conduct the post-construction sound study.
Ms. Pincock responded that generally they would do it, but some cities have had someone else to conduct the study or a code compliance officer would come with them to conduct it.
City Manager Joshua McMurray mentioned another option to bolster the condition is the City could contract out directly to an acoustical consulting firm to ensure measurements are taken accurately. He shared that he heard the applicant is requesting continuance so the Council may want to hear from the applicant and the reason why they are requesting it.
Councilmember Fuller commented he is opposed to a continuation. He mentioned he appreciates what they have provided; the people have worked diligently for years to protect Laurel Plaza and are entitled to a decision tonight.
City Attorney Derek Cole commented that he didn’t hear a reason for the continuance and he is not aware why they are asking for it unless they want to step up and offer the reason.
Mayor Pope commented if it is the pleasure of the Council, he will give them an opportunity.
Efrain Corona, Vice President of Development with Quick Quack, commented that on Friday they were given new information and they didn’t have enough time to review the data and provide an accurate and appropriate response.
Mayor Pope inquired what additional data he is referring to.
Mr. Corona responded it was the sound study and letter from the attorney representing the group.
Mayor Pope commented that there are no teeth to the post-construction condition. He inquired what if it is built and it is not to standard. He mentioned if the CUP is approved, he would insist on stronger consequences if conditions are not met to impose immediate shut down or surrender of right to operate. He inquired if the vacuums are in a centralized station inside a building.
Mr. Corona responded that the vacuum system is a single system enclosed in masonry.
Mayor Pope commented that he walks and rides his bikes with his kids on the Delta DeAnza Trail and doesn’t remember hearing a car wash running, but he is hearing Councilmember Williams’ heater under her seat and he is sure the decibels of that is not the same as we’re talking about here; he understands how sound can be different and how it carries. He shared they have to rely on scientific experts for data. He mentioned they met with the applicant and property owner before at the site and he recommended more mitigation measures, but doesn’t see any of those implemented here. He commented that the report says the existing ambient is 55 decibels which already exceeds City standards so he doesn’t see how they can expect it to be lower. He shared he drove to the Quick Quack in Brentwood and was across the street and it is incredibly loud and unacceptable. He mentioned the City has 5 car washes and he doesn’t know how many are needed; the market dictates this, not the City Council, and he would make the same argument for self-storage. He inquired what other businesses would this business attract, a symbiotic partnership or business. He responded to comments made earlier during public comment and mentioned he recalls things differently. He recalled the Council bending over backward to allow property owners to have zoning and grandfathered existing uses during the Citywide rezoning. He recalled the eminent domain cases mentioned were apartments and he doesn’t know what is worse--eminent domain or the landlord knowing for 20 years that the City planned to take the property and rented to tenants without informing them; it is unfortunate tenants got stuck in the middle. He recalled the zoning for gas stations and car washes and mentioned he was one of three to ask for that and ask people for solutions. He mentioned he already knows concerns as they live around it too. He commented that he recalls it differently than was mentioned during comments.
Councilmember Fuller commented he will be the first to deny the CUP for the Quick Quack.
City Attorney Derek Cole commented that if it is the Council’s pleasure to deny the project, similar to the McDonald’s item, the Council would make a tentative motion to deny the CUP and instruct staff to bring back findings in June that the Council can then consider for approval to finalize its decision.
Councilmember Fuller agreed and submitted his motion as Mr. Cole stated.
City Manager Joshua McMurray suggested to bring the item back in May.
Mr. Cole commented he meant May, not June.
City Manager Joshua McMurray suggested a date certain.
Mr. Cole commented it would be the first meeting in May.
Mayor Pope confirmed it would be May 10 and asked Councilmember Fuller if that would be the date indicated in his motion.
Councilmember Fuller confirmed it is.
Councilmember Higgins seconded the motion to tentatively deny the CUP.
AYES: Fuller, Higgins, Pope and Williams. NOES: Meadows. The motion passed to tentatively deny the CUP and direct staff to bring back findings for the Council to consider approving on May 10. (4-1)
5) REGULAR CALENDAR
5.1 Approve an Agreement between the City of Oakley and ACD-TI OAKLEY, LLC Concerning Reimbursement for Construction of Improvements Related to the Grand Cypress Preserve Project (Joshua McMurray, City Manager) City Manager Joshua McMurray presented the staff report.
Councilmember Fuller commented that this was not an easy transaction which shows that they made the right selection to have Joshua McMurray as City Manager. He mentioned City Attorney Derek Cole and staff have worked hard along with him to put this together. He inquired if the previous City Manager had followed a different course a few years ago, if the City would be in this position now of having to ensure $28 million for the E. Cypress development.
Mr. McMurray responded in his opinion, “no”.
Councilmember Williams mentioned the public comment from DeNova and inquired what their letter is referencing.
Mr. McMurray explained that the City will try to recoup some of the investment made by future development within the Specific Plan. He mentioned there are parcels yet to be entitled, the City will be working with the developer(s) when the developments are presented to the City, and they will proceed in a fair and equitable matter in implementing the Specific Plan and requirement of that. He mentioned he can’t give detail because it is unknown, but they will work in good faith to ensure the intent of the Specific Plan is met.
Mr. Cole mentioned Section 8, pages 9 and 10, was drafted to provide flexibility; at this time it is hard to identify specific sources, and entitlements could be years in the future. He added they will work with future developers to ensure they are only conditioned to the extent that they generate fair share obligations. He mentioned there are nexus requirements, and federal and state requirements, and all of those will be followed. He shared they worked very hard to create flexibility for the City and a mechanism to ensure this developer would be fairly compensated.
Councilmember Williams inquired when they can expect some real-world improvements there.
Mr. McMurray explained that the trigger there is the issuance of the levee plans and there is still some work to be done on that, but he ensured he will work with the developer to issue as soon as possible. He indicated there is a 24-month trigger on the first section to complete the fullwidening of E. Cypress Road from the canal to the Bethel Island Road intersection which would provide 2 lanes of travel both east and west with a median that would significantly help the City’s ability to evacuate the area if needed.
Councilmember Higgins inquired if they could start buying into the fair-share rate now because 10 years from now that price triples; if DeNova doesn’t like having to do a fair-share rate on its frontage; if they bought now, they could help the City pay for it and not wait 10 years when it goes up three times or more.
Mr. McMurray commented he is happy to entertain discussing it with the developer.
Mayor Pope commented it is a tough situation. He shared they were in a meeting two weeks ago with the County Supervisor and County traffic staff and they showed them agreements including provisions for developers to pay and when Oakley incorporated, none of the provisions were followed and now they are cleaning it up. He gave kudos to staff for their efforts to find a solution. He shared he is fully in favor of it as they need a solution for public safety.
Vice Mayor Meadows shared he was also on the call with the County and most of the hours spent were okay, although certain members wanted to deflect back to the City. He pointed out that they approved a scanner tonight that will speed up response if there is an accident out there.
It was moved by Vice Mayor Meadows and seconded by Councilmember Williams to adopt the resolution to approve the agreement. Motion was unanimous and so ordered. (5-0)
5.2 Adopt the Oakley Strategic Plan SP27+ (Joshua McMurray, City Manager) City Manager Joshua McMurray presented the staff report and a PowerPoint presentation.
Councilmember Williams requested they consider under 5.5 policy framework, since she was skipped at the workshop meeting and was not able to voice her opinions about it, that it could be a Brown Act violation if they are getting things before the public receives the agenda. She suggested omitting it and that she is in favor of a heat sheet, but the Council should get agendas the same time as the public so there are no meetings happening before they are in front of the public at the scheduled meeting.
Councilmember Fuller inquired which page and section she is referring to.
Councilmember Williams responded it is page 14, the last page, and the last bullet point.
Councilmember Fuller commented he would not want that omitted.
Councilmember Williams asked if legal counsel could weigh in.
City Attorney Derek Cole requested clarification as to which section.
Councilmember Williams mentioned it refers to advance circulation of agendas and discussion with Council; if she wants an item pulled off, for example, and another Councilmember wants to know why it was pulled, then they start having meetings ahead of scheduled public meetings which feels like a slippery slope to her.
Mr. Cole explained it is not a violation to have a discussion about an agenda item if it stops there. He explained a serial meeting occurs when information is shared between 3 or more Councilmembers directly or indirectly as to what other Councilmembers are thinking, what their positions may be, what their questions are, or what their deliberative process is. He indicated a strict wall of separation is made to ensure Councilmembers understand agenda items and they are not learning of other Councilmembers thoughts or decisions before the meetings so they are not considered defacto meetings. He mentioned the other issue is materials. He shared there is a provision in the Brown Act that discusses materials delivered at the same time to the Council and public. He mentioned a court case invalidated action taken where the public received their set of documents after the Council received it. He mentioned he is comfortable with the language here and staff members reaching out to Councilmembers as long as it is about what the item is and not sharing what other Councilmembers are thinking or their deliberation process.
Councilmember Fuller commented in his 12 years on a dais, Oakley is one of the few cities that does not give an advanced copy of agendas to Councilmembers. He expressed it is bothersome because they get it and it is in public play. He mentioned he can go to the City Manager and say he likes it or doesn’t, but Mr. McMurray can’t say specifically who likes it or not, but Mr.
McMurray can talk to others without saying what he said. He also mentioned when the agenda comes out, he can talk to the City Manager about what he thinks and have further consideration if he wants it to be pulled before it goes public.
Mr. Cole did not disagree that many agencies may have followed that process and explained the court case recently came out in August 2021. He mentioned in that case, there was a clear discrepancy when the Board of Supervisors got their copies when the office was closed at that time as to when the public got it. He mentioned Councilmembers can have discussion with the City Manager but staff has to be clear not to share comments of other Councilmembers and are vigilant about it. He added if the Council is concerned about an item, they can share it with staff in advance of meetings but it has to be process-oriented where it can be in an open session like this. He indicated they should be very clear where to draw the line when they start sharing their positions or concerns because it could result in a serial meeting.
Councilmember Fuller commented he can live without advance staff reports, but he wants to know what is coming up and talk to the City Manager before it gets out to the public. He mentioned when staff sends out the agenda, he can’t call on anyone on the Council but can express his concern to the City Manager. He indicated the City Manager can say the reason we are doing this and he can take that information and talk to others or pull it, but the way it is being done now is breaking down a communication barrier between him and the City Manager. He mentioned he wants to be able to talk to the City Manager about his concerns. He shared he likes the way it is worded, "considered" ; it enhances communication with the City Manager which is very important, similar to his communication with the City Attorney.
Mr. Cole mentioned when a Councilmember talks to them, they know what to present to the Council because they know concerns and issues, so they can present that and the Council can have better dialogue, and the public can hear that; it is a way to provide a better open session discussion. He indicated if they share concerns and ideas with him, it is always about what the process is when an item comes forward. He mentioned if Councilmembers are going to share information in advance, the focus should be on how they can communicate their concerns and issues so the Council can have a better, more informed discussion, and discuss items in front of the public.
Mayor Pope mentioned he is going to pause the discussion for a public comment.
Public Comment
Paul Seger submitted a written comment but had to leave. Mayor Pope read his comment which indicated core values, transparency, accountable partnerships, even for this exercise, there are no community groups, advocacy groups, nor servicing special districts were contacted or invited to the table. He also indicated many, many suggestions were made regarding the General Plan update, including a letter suggesting outreach and fostering stakeholder engagement. He urged a continuance and more inclusion.
Councilmember Fuller suggested on page 6, item 2.3, to add “and the 4-lane bottleneck” or other similar wording after “to complete the Laurel Road extension”.
Mayor Pope recalled that from the discussion and suggested, "including the overpass".
Councilmember Fuller suggested on page 9, item 1.2, regarding face-to-face dialogue and to replace one-sided social media, he doesn’t like the word "replace". He suggested "alternative” to one-sided social media communication.
Mayor Pope suggested using the word “supplement" instead.
Councilmember Fuller agreed that would be good too.
Councilmember Fuller suggested on page 14, item 5.1, replace "accountable" with "create measurable partnerships", and on the same page, item 5.2, he doesn't want the Council included in “Team Oakley”. He mentioned on the other one, “celebrating successes and communicating obstacles for full transparency” means you’re looking for obstacles. He suggested, "reinforce Team Oakley, Council and staff by celebrating successes to create a positive learning environment."
Councilmember Higgins commented that if the Council gets the agenda 2 business days prior to the public, Councilmembers shouldn’t be able to put it on social media/NextDoor to say this is what is coming up because residents don’t have same opportunity to see the full background and the City should be releasing it, not the Councilmembers. She mentioned consider, but she doesn’t support it.
Vice Mayor Meadows commented it would have been nice to see some of these suggestions in writing so they could try and digest them together, but he is okay with most of what Councilmember Fuller mentioned. He mentioned the second to the last one he is okay with and the first one he is not so sure.
Mayor Pope commented he is on the same page as Councilmember Williams on advanced communication. He shared he thinks the practical application is fraught with problems. He mentioned he is fine with text amendments that he commented on, but others where he did not say anything, he does not feel the same way.
Mr. McMurray suggested since there are 4 or 5 items, they could address them one by one.
Councilmember Fuller mentioned the revision on page 6, item 2.3, "complete Laurel Road including the intersection widening at Laurel and O'Hara." Mr. McMurray suggested, “complete the Laurel Road widening which also includes the extension and overcrossing over the railroad track”. All Councilmembers were in favor of this revision.
Mayor Pope mentioned the revision to page 9, item 1.2, "as a supplement to one-sided social media”. All Councilmembers were in favor of this revision.
Councilmember Fuller mentioned the revision to page 14, item 5.1, replace "accountable" with “measureable". All Councilmembers were in favor of this revision.
Mayor Pope mentioned the revision to item 5.3, remove "communicating obstacles for full transparency" and replace with "celebrating successes to create a positive learning environment.” Mayor Pope, Vice Mayor Meadows, and Councilmembers Higgins and Williams were not in favor of this revision. Councilmember Fuller was in favor of the revision.
Mayor Pope referred to 5.5 regarding advance circulation and inquired if Councilmember Fuller wants to keep it.
Councilmember Fuller confirmed he wants to keep it.
Mayor Pope indicated a thumbs up would indicate they want to remove it. Mayor Pope and Councilmembers Higgins and Williams were in favor of removing it. Councilmember Fuller wanted to keep it. Vice Mayor Meadows abstained.
Vice Mayor Meadows referred to page 3, item 3.5. He mentioned the second bullet point and third bullet point conflict. He commented if they are doing a park, they should get rid of the third bullet point.
Mayor Pope mentioned he thought the discussion was they were going to be combined.
Mr. McMurray commented that he recalls the discussion was in essence if they constructed a park and wanted to license it out to a coffee kiosk or something like that. He mentioned they can structure it in a way that talks about a park but also exploring other opportunities to program that park.
Vice Mayor Meadows commented that a coffee kiosk can only be between 5th and DelAntico.
Mr. McMurray responded that they can remove the third bullet point and include a statement under the second bullet point that would allow them to explore programming opportunities.
Mayor Pope suggested, “Explore potential development of the area from 2nd to DelAntico including business opportunities and a park.”
Vice Mayor Meadows commented he doesn’t agree with that. He mentioned the previous Council approved Nature Properties to develop the property and it was not built; he thinks they couldn’t get financing because the project was obsolete before it was built because it looked like a pencil and was not feasible. He mentioned they are not going to run retail width wise, it is depth, so the project doesn’t work. He shared a lender called him about property further east on Main because a landowner wanted to do a project and wanted his opinion; it was the same thing because it was a linear project and would not be successful. He shared he pushed for the park to bring people there, he is okay with coffee, but he doesn’t agree with the building. He indicated he can go with Mr. McMurray’s proposed language in the second bullet.
Mr. McMurray suggested to remove the third bullet and under the second bullet, “Consider a park with potential opportunities for programming on north 2nd Street to Rose Avenue.” He mentioned this is not committing them, but they can consider all options available to them.
Vice Mayor Meadows suggested they further define programming.
Mr. McMurray suggested they include “economic development” before “programming”. All Councilmembers were in favor of this revision.
It was moved by Vice Mayor Meadows and seconded by Councilmember Williams to adopt the Oakley Strategic Plan 27+ with amendments that were approved. Motion was unanimous and so ordered. (5-0)
6) REPORTS
6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray announced the City will hold a Housing Element Update workshop April 20th beginning at 6:30 p.m. at the Oakley Recreation Center. He shared a flyer on the monitor that included a QR code for a survey in relation to the Housing Element Update, and he invited the community to attend. He mentioned there is a dedicated webpage for the Housing Element Update.
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
Councilmember Fuller reported he attended the Delta Protection meeting and the Water Commissioner indicated they are at 39% of snow melt which places us in an extreme drought and we should expect consequences, all irrigation contracts, except some leases, will not be filled by the State this year, and expects the Governor will issue an emergency order soon to allow use of only 5% of normal consumption of water. He expressed it is upsetting the Delta balance; they are not going to take down the salinity barrier, but will build another; they are worried about ecological balance of the Delta and Bay. He mentioned reservoirs are at a record low and they can expect a lot of lawns to go brown during the summer. He shared the tunnel EIR is coming out soon and the recommendation is to get the resolutions in before the EIR comes out. He mentioned the tunnel is viewed as not fit for those on the Delta and the Delta historic preservation is becoming more active. He shared Eric Vink is leaving which is sad because he knows the Delta well. In relation to Lookout Slough, he mentioned the Delta Protection Commission wanted recreation and John Vance from Solano County Board of Supervisors provided 75 minutes of acrimony so he called for the question and they voted, otherwise they might still be there. He shared that is his last meeting and the Mayor of Rio Vista will step in; they share it with Solano County. He mentioned Diablo Water District is working on a rate increase and Prop 218 allows them to gain access to parcels for reimbursements. He shared he is waiting for more material on it.
Councilmember Higgins thanked Ellen Cross for helping them get through the Strategic Plan. In regard to Alexis Gabe, she mentioned she helped with flyers, walked a grid, financially contributed to shirts to help support, and she likes the idea of the City working toward a reward.
She shared she supports a stop the tunnel resolution. She mentioned she is excited for the Taste of Oakley on May 14 at the Oakley Recreation Center as Spinkl Cookies will be there; it is $12 per ticket. She mentioned Helping One Woman, Little League is underway so there are more cars around the parks; she encouraged everyone to go slower. She announced Chalk in the Park will be held April 23 in Civic Center Park.
Vice Mayor Meadows reported he and Mayor Pope sat in with Mr. McMurray for a meeting with the County Supervisor, County Administrator and Public Works staff to discuss E. Cypress and Bethel Island Road. He mentioned they need to keep pushing it along; he doesn’t think they made much progress with that meeting, but at least they are talking. He suggested staff keep pushing the County as they need to come to the table and participate, and possibly pay their fair share.
Councilmember Williams reported that Helping One Woman is a national organization with a chapter in Discovery Bay where women can help other women who may be going through a rough time. She mentioned during each dinner of the chapter, someone is nominated to help and she nominated a friend who lost a second son recently to suicide. She explained she is the sponsor and it is a lot of work, but it is rewarding. She shared the community came together in Oakley to support and Brentwood businesses provided support.
Mayor Pope reported he attended the Mayors’ Conference and they are talking about going back to in-person meetings. He mentioned they discussed the constraints and limitations of the electrification of the transportation network. He shared everybody loves the idea, but what happens when everyone plugs in because there is not enough power now; a network of power distribution is needed. He also reported he attended Friday Night Bites; there are typically 8-10 food trucks. He mentioned as the weather warms up, there will be free concerts, dancing and food. He suggested supplemental lighting at the event until it becomes lighter out later. He reported the meeting with the County that Vice Mayor Meadows mentioned involved some pointing of the finger. He shared a glaring issue for him is that the County received an offer of dedication for the land for the bridge they need to build for the southern exit out of the area and they have not acted on it, and they are not going to, although they would support the City doing it which he thinks is problematic and more work needs to be done with the County on that. (b) Requests for Future Agendas
Councilmember Williams commented that kids have great mental struggles, and her friend found that their insurance cut them off from care they need; therapy is understaffed, and she would like to explore some form ad-hoc committee with neighboring cities to address solutions.
She mentioned Oakley should be a leader and influencer to get regional support.
Randi Adler suggested she could look into Kaiser; it is outsourcing.
Councilmember Williams responded they are on six-month wait list with Kaiser.
Councilmember Fuller commented he has Councilmember Higgins support for a resolution to support stopping the tunnel. He requested support for a resolution for 1383, refuse collection, to help cities with funding for changes that are mandated. He also requested to recognize Police Memorial Day in May.
Mayor Pope mentioned there are Police Week events in May locally, at the state capitol, and the national capitol. He shared Oakley is sending a contingent to the national event, but it would be nice to have something locally.
7) WORK SESSIONS
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.)
Mayor Pope announced the closed session item.
The City Council held closed session in its antechambers. 9) ADJOURN
There being no further business, the meeting was adjourned at 10:55 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk