Apr 12, 2022 - 06:27 PM

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 properties- approximately 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 non- residential 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 8:30am- 9pm, 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 post- construction 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,

AGENDA REGULAR JOINT MEETING OF THE OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY/ OAKLEY PUBLIC FINANCING AUTHORITY Tuesday, April 12, 2022 6:30 PM Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561 MISSION STATEMENT: The City of Oakley exists to build and enhance a quality community and to serve the public in a friendly, efficient, responsive manner. VISION STATEMENT: The City of Oakley will be recognized as a model of civic participation and a vibrant Delta community where families live, work, play, shop and visit. Agendas are posted in Oakley at Oakley City Hall-3231 Main Street, outside the gym at Delta Vista Middle School-4901 Frank Hengel Way and outside the Library at Freedom High School-1050 Neroly Road; agendas are also posted on the City’s Internet Website www.ci.oakley.ca.us. A complete packet of information containing staff reports and exhibits related to each item is available for public review prior to an Oakley City Council and/or City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority meeting at Oakley City Hall, 3231 Main Street, Oakley, CA 94561. Any writings or documents provided to a majority of the Oakley City Council, Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency or Oakley Public Financing Authority regarding any item on this agenda will be made available for public inspection, during regular business hours, at the front counter in the Main Lobby of the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561. Agendas may be picked up at the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561 for no charge. To request information regarding placement on the City’s agenda e-mail distribution list, please contact us at (925) 625-7000. We provide social media options to stay connected to City Hall through Facebook, Twitter, Next Door and Instagram. Other opportunities to connect with City Hall include Engage In Oakley, Oakley OnDemand on the city's website; and by emailing info@ci.oakley.ca.us. Constant Contacts. Please contact us at (925) 625-7000 for additional information or at www.oakleyinfo.com. If you have a physically challenging condition and require special accommodations, please call the City Clerk’s office at (925) 625-7013. 1

Please keep cell phones/electronic devices turned off during the meeting. Please be advised that City Council meetings are video recorded and attendees may appear on video. Members of the public may address the Council on items of interest that are within the City’s jurisdiction. Public comment on items not listed on the agenda will be heard under the Public Comments section of the agenda. In compliance with State law, the Council may not take action on an item that is not specifically listed on the agenda. If you would like to speak on any agenda item, please fill out a blue speaker card available in the lobby and submit it to the City Clerk prior to the agenda item being called. The Mayor will call you by name to the podium to hear your comments and you have up to 3 minutes to speak. 1.OPENING MATTERS Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority 1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority 1.2 Pledge of Allegiance to the Flag 1.3 Proclamation Recognizing April 3 - 9, 2022 as National Library Week (Lisa Cano-Loomis, Library Manager) Proclamation 1.4 National Library Week Presentation (Lisa Cano-Loomis, Library Manager) 1.5 Contra Costa County Library Commission Update (Yolanda Pena-Mendrek, Commissioner) 1.6 Presentation by American Rivers on Marsh Creek (Sara Puckett, Director, California Central Valley River Conservation) 2

2.PUBLIC COMMENTS At this time, the public is permitted to address the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority on non-agendized items. PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. In accordance with State Law, however, no action or discussion may take place on any item not appearing on the posted agenda. 3.CONSENT CALENDAR Consent Calendar items are typically non-controversial in nature and are considered for approval by the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority with one single action. Members of the audience, Staff or the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor remove the item. Members of the public should submit any Speaker Cards related to the Consent Calendar in advance of the Consent Calendar being considered. 3.1 Approve Minutes from the Special City Council Meeting held March 22, 2022 (Libby Vreonis, City Clerk) Minutes 03-22-22-Sp 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) Minutes 03-22-22-Reg 3.3 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney) Memo 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) Staff Report 1. Site Map 2. Resolution 3. Lease Agreement 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) Staff Report 1. Resolution 3

2. Reimbursement Agreement 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) Staff Report 1. ChargePoint Proposal 2. Resolution 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) Staff Report 1. Resolution 2. Estimate 3. Sole Source Letter 4.PUBLIC HEARINGS 4.1 The Ranchettes at Neroly Design Review (DR 06-21) (Ariana Ruiz, Planning Technician) Suggested Action: Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Comments from the Applicant, 5) Receive Public Testimony, 6) Close the Public Hearing, 7) Deliberate, 8) Summarize the Deliberation, 9) Adopt the Resolution Staff Report 1. Vicinity Map 2. Public Hearing Notice 3. Applicant's Plans 4. Landscape Plans 5. Gate Exhibit 6. Signed Letter dated March 15, 2022 7. Draft Resolution 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) Suggested Action: Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Comments from the Applicant, 5) Receive Public Testimony, 6) Close the Public Hearing, 7) Deliberate, 8) Summarize the Deliberation, 9) Adopt the Resolution 4

Staff Report 1. Vicinity Map 2. Notice of Public Hearing 3. Applicant's Plans 4. Proposed Conditional Use Permit and Design Review Resolution 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) Staff Report 1. Resolution 2. Reimbursement Agreement 5.2 Adopt the Oakley Strategic Plan SP27+ (Joshua McMurray, City Manager) Staff Report 1. Strategic Plan 2. Draft Resolution 6.REPORTS 6.1 CITY MANAGER (a) City Manager 6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY (a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency (b) Requests for Future Agendas 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.) 5

9.ADJOURN 6

PROCLAMATION Recognizing April 3-9, 2022 as National Library Week WHEREAS, libraries are accessible and inclusive places that foster a sense of connection and build community; and WHEREAS, libraries connect people to technology, providing access to broadband internet, computers, and training that are critical for accessing education and employment opportunities; and WHEREAS, libraries offer opportunities for everyone to connect with new ideas and become their best selves through access to multimedia content, programs, and classes – in addition to books; and WHEREAS, today’s libraries and their services extend far beyond the four walls of a building, and everyone is welcome to use their resources; and WHEREAS, in times of crisis, libraries and library professionals play an invaluable role in supporting their communities both in person and virtually; and WHEREAS, libraries strive to develop and maintain programs and collections that are as diverse as the populations they serve and ensure equity of access for all; and WHEREAS, to adapt to our changing world, libraries are expanding their resources and continuing to meet the needs of their patrons; and WHEREAS, libraries have long served as trusted and treasured institutions for all members of the community regardless of race, ethnicity, creed, ability, sexual orientation, gender identity, or socio-economic status; and WHEREAS, libraries are cornerstones of democracy, promoting the free exchange of information and ideas for all; and WHEREAS, libraries, librarians, and library workers are joining library supporters and advocates across the nation to celebrate National Library Week. NOW, THEREFORE, BE IT RESOLVED that I, Randy Pope, Mayor of the City of Oakley along with the members of the Oakley City Council, hereby proclaim, National Library Week, April 3-9, 2022. During this week, we encourage all residents to connect with their library by visiting online or in person to access resources and services. April 12, 2022 _________________ Randy Pope, Mayor 7

Minutes of the Special Meeting of the Oakley City Council held March 22, 2022 1) Call to Order and Roll Call Mayor Randy Pope called the special meeting to order at 5:31 p.m. in the Oakley City Council Chamber located at 3231 Main Street, Oakley, California. Vice Mayor Aaron Meadows and Councilmembers Anissa Williams, George Fuller and Sue Higgins were also present. 2) Public Comments 3) Closed Session 3.1 CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6(a) City Designated Representatives: Joshua McMurray, City Manager and Jeri Tejeda, Human Resources Director Unrepresented Employees: Accounting Assistant (1), Accounting Manager (1), Administrative Assistant (5), Assistant to the City Manager (1), Building Inspector I (2), Capital Projects Engineer (1), Chief of Police (1), City Clerk/Paralegal (1), Code Enforcement Officer I (1), Code Enforcement Technician (2), Community Development Director (1), Custodian (1), Deputy City Clerk (1), Economic Development Analyst (1), Engineering Technician (1), Events Coordinator (1), Finance Director (1), Human Resources Director (1), Management Analyst (1), Office Assistant (1), Parks and Landscape Maintenance Tree Worker, (1) Parks and Landscape Maintenance Worker (2), Parks and Landscape Foreman (1), Parks and Landscape Manager (1), Park Ranger (1), Permit Center Technician I (1), Permit Technician II (1), Planning Manager (1), Planning Technician (1), Police Lieutenant (2), Police Records Assistant (3), Police Services Assistant (4), Principal Engineer (1), Public Works Administrative Specialist (1), Public Works Director/City Engineer (1), Public Works Maintenance Worker (1), Public Works Inspector II (1), Recreation Aide (4), Recreation Director (1), Recreation Leader (9), Senior Accounting Technician (1), Sports Field Laborer (1), Streets Maintenance Foreman (1). 3.2 CONFERENCE WITH LABOR NEGOTIATORS-Labor Negotiations with the Oakley Police Officers Association Pursuant to Government Code Section 54957.6(a) 8

City Designated Representatives: Joshua McMurray, City Manager and Jeri Tejeda, Human Resources Director Represented Employees: Employees Covered by the Police Officers Association Mayor Pope announced the items for Closed Session. The City Council conducted Closed Session in the antechamber of the Council Chamber. 4) Adjourn There being no further business, the meeting was adjourned at 6:27 p.m. Respectively Submitted, Libby Vreonis City Clerk 9

Minutes of the Regular Joint Meeting of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency and Special Meeting of the Oakley Public Financing Authority held March 22, 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 and Special Meeting of the Oakley Public Financing Authority Mayor Randy Pope called the meeting to order at 6:33 p.m. in the Oakley City Council Chamber located at 3231 Main Street, Oakley, California. Vice Mayor Aaron Meadows and Councilmembers Anissa Williams, George Fuller and Sue Higgins were in attendance. 1.2 Pledge of Allegiance to the Flag Mayor Pope led the Pledge of Allegiance to the Flag. 1.3 Contra Costa Mosquito and Vector Control District Board Update (Michael Krieg, President) Michael Krieg, President of the Contra Costa Mosquito and Vector Control District provided an overview of the District and its status. He discussed the budget, reserves, financial ratings, rodent and mosquito issues to watch, a possible future parking structure at the District site to help accommodate its fleet, technology advancements to allow field technicians to report in real time, and use and placement of mosquito fish. Mayor Pope thanked him for the update. 2) PUBLIC COMMENTS None. 3) CONSENT CALENDAR 3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting held March 8, 2022 (Libby Vreonis, City Clerk) 3.2 Approve Minutes from the Special Meeting of the Oakley City Council held March 10, 2022 (Libby Vreonis, City Clerk) 10

3.3 Waive the Second Reading and Adopt an Ordinance Repealing Ordinance No. 06-09 RE: Assignment of Planning Commission Functions (Derek Cole, City Attorney) 3.4 Consideration of a Resolution Establishing the Rate per Equivalent Runoff Unit for FY 2022/23 and Requesting the Contra Costa County Flood Control and Water Conservation District to Adopt an Annual Parcel Assessment for Drainage Maintenance and the National Pollutant Discharge Elimination System Program (Kevin Rohani, P.E. Public Works Director/City Engineer) 3.5 Award of Construction Contract to Ghilotti Bros. Inc., for the Main Street/Cypress Road Intersection Repair and Resurfacing Project – CIP 264 (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.6 City of Oakley General Plan Annual Progress Report Calendar Year 2021 (Ken Strelo, Planning Manager) Councilmember Fuller pulled items 3.2 and 3.6. Vice Mayor Meadows pulled item 3.5. It was moved by Vice Mayor Meadows and seconded by Councilmember Higgins to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered (5-0). Item 3.2 Councilmember Fuller requested the following revision to the minutes to document what was excluded from the Mission under reference to Section 4.2: “Councilmember Fuller moved to approve the Mission, Vision and Values as amended during the Strategic Plan Meeting held February 15, 2022, with the Mission amended further to include at the end of the statement, All people without regard to their race, color, religion, gender identity, national origin, ethnicity, disability, or sexual orientation.” He mentioned Ms. Cross of Strategy Driver, Inc. stated the mission statement stopped with the term “all people” to ensure brevity in the mission statement, thus any identifiers would not be allowed. He requested the following comments also be included: “Councilman Fuller commented that he was appalled that the City Council will be debating whether certain demographic marginalized groups will be denied proclamations from the City. The reason they would be denied proclamations is they make people uncomfortable and are controversial.” 11

“Councilman Fuller gave the definition of white solidarity as a group of white people who refuse to acknowledge race, or other marginalized demographic groups because it makes some members of the group uncomfortable, and they are concerned they are controversial.” Councilmember Fuller referred to a comment from the audience made after he discussed the Civil Rights Acts of 1964, 1965, and the Americans with Disabilities Act (ADA) but he mentioned he could not say what it was because he did not hear it. He mentioned if the City Clerk has it, she can include it. He also mentioned if this gets voted down, he requests this language be included in the minutes for this meeting. Councilmember Fuller moved to approve the minutes as he amended it. City Clerk Libby Vreonis mentioned she has no record of the comment Councilmember Fuller referred to made by a member of the audience. Councilmember Fuller commented he did not hear it either. He mentioned he has talked to Mr. McMurray about having microphones for the audience. Mayor Pope mentioned the meeting was held at the Recreation Center to allow for larger capacity for the public to participate, but he does not think there was recording capability. Mrs. Vreonis confirmed there was no audio or video recording for that meeting. She mentioned the minutes are summarized, not verbatim; therefore, the intent was not to exclude anything. She also mentioned there will be an item coming forward to discuss a more formal policy of the minutes. Councilmember Higgins seconded the motion. Mayor Pope suggested if it passes, that Councilmember Fuller submit the edits in writing to the City Clerk. Motion was unanimous and so ordered. (5-0) Councilmember Fuller passed a paper containing his edits along the Council to the City Clerk. Item 3.5 Vice Mayor Meadows inquired if Ghilotti Bros. will complete paving during spring break. Director of Public Works/City Engineer Kevin Rohani responded they will. 12

Vice Mayor Meadows expressed concern regarding it being completed on time with their track record. He mentioned there is no equipment on site; they have taken everything out. Mr. Rohani responded staff is working with Ghilotti Bros. and a great deal of the paving will happen at night. He mentioned they are a large construction company and have many projects; it has taken longer than anticipated. He also mentioned it is not a City project, but is managed and owned by Tri-Delta, and it is his understanding there have been a number of issues with the project causing some delay, but they are now in the home stretch of the project. He confirmed paving will occur before schools are back in session and staff will provide notification for the public. It was moved by Vice Mayor Meadows and seconded by Councilmember Fuller to adopt the resolution. Motion was unanimous and so ordered. (5-0) Item 3.6 Councilmember Fuller requested information regarding Brownstone and Main, the preliminary design, and what they can expect there. Planning Manager Ken Strelo responded that there is a commercial development center project for a planning entitlement on the northwest corner of Brownstone and Main that has not moved forward since July 2021 and staff is unaware where the process is. He mentioned they have heard the property may be for sale, but they are still at the incomplete application stage; they are awaiting engineering plans for grading, drainage, etc. He mentioned the project would need to handle all storm drain run off and treatment onsite so there are some challenges. Mayor Pope mentioned there are public comments for Brownstone. Mr. Strelo mentioned the public comments may be for item 7.1 because Brownstone is one of the potential affordable housing overlay sites. Mayor Pope asked Bud Chaddock to confirm which item he wishes to provide comment. Mr. Chaddock confirmed he wishes to speak regarding item 7.1. Councilmember Williams inquired if the City is held to anything if there are no entitlements on this property and the owner sells the property. Mr. Strelo confirmed she is correct and mentioned the list in the General Plan refers to any projects they process during the year and this project has not been approved. Vice Mayor Meadows commented that Mr. Strelo mentioned earlier there are issues with storm drainage in that area. 13

Mr. Strelo explained that entire area needs storm drain line C to go down and behind the properties on Brownstone ultimately to Marsh Creek. He mentioned there was a project that came before the Council about a year or so ago for modification with the same issues to resolve for storm drainage. He mentioned the interim plan is to treat and collect on site. Vice Mayor Meadows inquired if it is foreseeable for a storm drain line to be put in at the location in the near future to run to Marsh Creek. Mr. Strelo responded it is foreseeable, but they do not know when and it is expensive to build so it may be above the capability of this small 50-unit subdivision. It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to accept the report. Motion was unanimous and so ordered. (5-0) 4) PUBLIC HEARINGS 4.1 Consideration of an Application to Increase Residential Solid Waste Collection Rates, Pursuant to the Franchise Agreement between the City of Oakley and Oakley Disposal Services, Inc., DBA Mt. Diablo Resource Recovery-Oakley (MDRR) (Tim Przybyla, Finance Director) Finance Director Tim Przybyla presented the staff report and PowerPoint presentation. He highlighted the following key points of the application to increase residential solid waste collection rates: MDRR is requesting a $1.74 million or 23.3% increase to cover increasing costs, plus RRI adjustments over 5 years; $1.3 million or 74.8% of the increase is due to SB 1383 which mandates food waste recycling and requires weekly green waste pickup; with RRIs, the Option 1 increase over 5 years will be 37.5%; MDRR has offered Option 2, which results in a 53.6% increase, with MDRR carrying losses for 3 years and being reimbursed in years 4 and 5 with 0% interest; the total revenue from existing customers is the same over the 5-year period; after the 5 years, rates should be reset closer to Option 1 rates plus an RRI; and staff recommends Option 2 to ease shorter-term inflation pressures on Oakley residents who may have suffered financial impacts of COVID, however, this option results in higher rates in years 4 and 5. He explained with either option the amount ends up the same; residents