16.2.2 Discrimination
This Policy prohibits treating covered individuals differently because of the individual’s protected classification, actual or perceived; because the individual associates 280
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with a person who is a member of a protected classification, actual or perceived; or because the individual participates in a protected activity as defined in this Policy.
Harassment Prohibited harassment includes, but is not limited to, unwelcome conduct undertaken because of a covered individual’s actual or perceived protected classification, such as:
Verbal harassment – epithets, derogatory comments, or slurs.
Examples: Speech such as name calling, belittling, epithts, derogatory comments or slurs, sexually explicit or degrading words to describe an individual, race, ethnicity or sexuallyoriented jokes and stories, comments about an employee’s anatomy and/or dress, including physical features, gender identification, sexually oriented noises or remarks, questions about a person’s sexual practices, use of patronizing terms or remarks, verbal abuse, graphic verbal commentaries about the body.
Physical harassment – assault, impeding or blocking movement, or any physical interference with normal work or movement, when directed at an individual.
Examples: Assault, touching, pinching, patting, grabbing, brushing against, or poking another employee’s body, hazing, or initiation that involves a sexual component, requiring an employee to wear sexually suggestive clothing, or making explicit or mplied job threats or promises in return for submission to physical acts.
Visual harassment - derogatory posters, cartoons, or drawings.
Examples: Displaying derogatory pictures, writings, cartoons, emails, drawings, or objects related to a protected classificaitons, obscene letters or invitations, staring at an employee’s anatomy, leering, sexually oriented gestures, mooning, unwanted love letters or notes.
Sexual favors – unwanted sexual advances which condition of an employment benefit upon an exchange of sexual favors.
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Examples: Continued requests for dates, any threat of demotion, termination, etc. If requested, sexual favors are not given, making or threatening reprisals after a negative response to sexual advances, propositioning an individual.
While it is impossible to define every action or all words that could be interpreted as harassment, the examples listed above, along with the state definition of harassment, are not meant to be a complete list of objectionable behavior nor do they always constitute harassment. Harassment on the basis of sex need not be motivated by sexual desire in order to constitute unlawful harassment.
16.2.3 Quid Pro Quo Harassment
Under state and federal law, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s appointment
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals
3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment
16.2.4 Retaliation
Retaliation occurs when adverse conduct is taken against a covered individual because of the individual’s protected activity as defined in this Policy. "Adverse conduct" may include but is not limited to: disciplinary action, counseling, taking sides because an individual has reported harassment or discrimination; spreading rumors about a complainant 282
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or about someone who supports or assists the complainant; shunning or avoiding an individual who reports harassment or discrimination; or making real or implied threats of intimidation to prevent or deter an individual from reporting harassment or discrimination.
16.3 GUIDELINES FOR IDENTIFYING HARASSMENT
Harassment includes any conduct which would be unwelcome or unwanted to an individual of the recipient’s same protected classification. The following guidelines to determine if conduct is unwelcome or unwanted should be followed:
1. It is no defense that the recipient “appears” to have consented to the conduct at issue by failing to protest about the conduct. A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized or subjected to retaliation.
2. Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome. Harassment can evolve over time. Small, isolated incidents might be tolerated up to a point. The fact that no one has yet complained does not preclude someone from complaining if the conduct is repeated in the future.
3. Even visual, verbal, or physical conduct between two people who appear to welcome the conduct can constitute harassment of a third person who witnesses the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at a particular individual.
4. Conduct can constitute harassment even if the individual has no intention to harass. Even well-intentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an individual would find it offensive (e.g., gifts, over-attention, endearing nicknames, hugs). 283
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16.4 COMPLAINT PROCEDURE
16.4.1 Report and Investigation of Complaint
If an individual believes that any City employee, vendor, client or other business contact has harassed her/him, then the individual should IMMEDIATELY report the incident to her/his supervisor or Department Director, orally or in writing. If the immediate supervisor or Department Director is involved in the reported conduct or, for some other reason, the individual feels uncomfortable about reporting to that supervisor or Department Director, the individual should then report directly to the City Manager. If the individual feels uncomfortable about reporting to the City Manager, then the individual should report directly to the Human Resources Division. If the individual feels uncomfortable about reporting to the Human Resources Division then the individual should report directly to City Attorney.
Any employee, who sees or learns of conduct that may constitute harassment under this policy, shall immediately advise her/his Department Director of the incident and actions taken. The Department Director shall immediately report the incident and actions taken to the City Manager.
Upon receiving notification of a harassment complaint, the City Manager will complete and/or delegate the following steps. If the City Manager is accused, or a witness to the events at issue, an individual with higher authority will complete and/or delegate the following steps.
1. Authorize and supervise the investigation of the complaint and/or investigate the complaint. The investigation will usually include interviews with: 1) the complainant; 2) the accused; and 3) other persons who have relevant knowledge concerning the allegations in the complaint.
2. Review the factual information gathered through the investigation to determine 284
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whether the alleged conduct violates the Policy giving consideration to all factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred.
3. Report a summary of the determination as to whether this Policy has been violated to appropriate persons. If discipline or sanctions are imposed, the level of discipline or sanctions will not be communicated to the complainant.
4. If conduct in violation of this Policy occurred, take or recommend to the appointing authority prompt and effective remedial action. The remedial action will be commensurate with the severity of the offense.
5. Take reasonable steps to protect the complainant from further harassment, discrimination or retaliation.
16.4.2 Proactive Approach
The City takes a proactive approach to potential violations of this Policy and will conduct an investigation if its supervisory or management employees become aware that harassment, discrimination, or retaliation may be occurring, regardless of whether the recipient or third party reports a potential violation.
16.4.3 No Retaliation
The City will not retaliate, nor will it tolerate retaliation, against individuals who complain in good faith about harassment in the workplace. The City will investigate any such report and will take whatever corrective action is deemed necessary, including disciplining and dismissing from employment any individual who is found to have violated these prohibitions against harassment and/or retaliation. All employees and supervisors have a duty to cooperate in the City’s investigation of alleged harassment and/or alleged retaliation. Failure to cooperate or deliberately providing false information during an investigation shall be grounds for disciplinary action, including termination. 285
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16.4.4 Option to Report to Outside Administrative Agencies An individual has the option to report harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These administrative agencies offer legal remedies and a complaint process. The nearest offices are listed on the Internet, in the government section of the telephone book or employees can check posters that are located on City bulletin boards for office locations and telephone numbers.
16.4.5 Confidentiality
Every effort will be made to assure the confidentiality of complaints made under this Policy to the greatest extent allowed by law. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. An employee who is interviewed during the course of an investigation is prohibited from attempting to influence any potential witness while the investigation is ongoing. An employee may discuss his or her interview with a designated representative. The City will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.
16.4.6 Responsibilities
Each non-manager or non-supervisor is responsible for:
1. Treating all individuals in the workplace or on worksites with respect and consideration.
2. Modeling behavior that conforms to this Policy.
3. Participating in periodic training.
4. Cooperating with the City’s investigations by responding fully and truthfully to all questions posed during the investigation.
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5. Taking no actions to influence any potential witness while the investigation is ongoing.
6. Reporting any act he or she believes in good faith constitutes harassment, discrimination, or retaliation as defined in this Policy, to his or her immediate supervisor, or department head, or City Manager.
In addition to the responsibilities listed above, each manager and supervisor is responsible for:
1. Informing employees of this Policy.
2. Taking all steps necessary to prevent harassment, discrimination and, retaliation from occurring, including monitoring the work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language.
3. Receiving complaints in a fair and serious manner, and documenting steps taken to resolve complaints.
4. Following up with those who have complained to ensure that the behavior has stopped and that there are no reprisals.
5. Informing those who complain of harassment or discrimination of his or her option to contact the EEOC or DFEH regarding alleged Policy violations.
6. Assisting, advising, or consulting with employees and the City Manager regarding this Policy.
7. Assisting in the investigation of complaints involving employee(s) in their departments and, when appropriate, if the complaint is substantiated, recommending appropriate corrective or disciplinary action in accordance with these Policies, up to and including termination.
8. Implementing appropriate disciplinary and remedial actions. 287
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9. Reporting potential violations of this Policy of which he or she becomes aware to the City Manager, regardless of whether a complaint has been submitted.
10. Participating in periodic training and scheduling employees for training. 288
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Alcohol and Drug Policy
Alcohol and drug abuse ranks as one of the major health problems in the United States. Continuing research and practical experience have proven that even limited quantities of narcotics, abused prescription drugs or alcohol can impair one’s reflexes and judgment. This impairment, even when not readily apparent, can have catastrophic results.
Each City employee has a responsibility to deliver services in a safe and conscientious manner. The City will not jeopardize the safety of other City employees, the public, and/or City operations due to an employee’s use of alcohol or drugs. For these reasons, The City has adopted a policy that includes the provisions of the federal Drug-Free Workplace Act of 1998 and the California Drug-Free Workplace Act of 1990.
The City’s Drug-Free Workplace policy can be found in Appendix I of this manual.
The City requires its employees to report to work completely free from the influence of alcohol, drugs, or other controlled substances.
The City’s drug free workplace policy is that it is unlawful to manufacture, distribute, dispense, possess, or use a controlled substance, and that such acts are prohibited in the workplace. If any violation of the policy occurs, the employee will be subject to disciplinary action up to and including termination, as provided for in this Manual.
17.1 .1 Prohibited Acts
Since the use of alcohol, illegal drugs, intoxicants, and controlled substances, on or off duty, impairs an employee’s ability to work safely and efficiently, the City prohibits the use of these substances at any time to the extent that they affect, or have the potential to affect, the workplace. Accordingly, the City prohibits the following:
1. Possession, use, or being under the influence of alcohol or an illegal drug, intoxicant, or controlled substance during working hours, including breaks and lunchtime.
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2. Operating a vehicle, either City-owned or employee-owned, during work hours or while on City business while under the influence of alcohol or an illegal drug, intoxicant, or controlled substance.
3. Distribution, sale, manufacture or purchase or the attempted distribution, sale, manufacture or purchase of an illegal drug, intoxicant, or controlled substance during working hours or while on premises owned or occupied by the City, including in City parking lots and in City-owned vehicles.
4. Misuse or abuse of prescription medication to the extent that it causes a negative impact on the employee’s ability of the employee to safely perform her/his job.
17.1.2 Violations of Policy
Employees who violate this policy will be removed from the workplace immediately, and placed on paid administrative leave pending disciplinary procedures. The City may also bring the matter to the attention of appropriate law enforcement authorities. Any conviction for criminal conduct involving illegal drugs, intoxicants, or controlled substances, whether on or off duty, or any violation of this policy, including a positive drug-test result, will lead to disciplinary action, up to and including termination.
17.1.3 Notification of Impairment
Any employee who is using prescription or over-the-counter drugs that may impair her/his ability to safely perform their job or may affect the safety or well-being of others should immediately inform her/his Supervisor of his/her limitations on the ability to safely perform his/her job. The employee is not required to inform his/her Supervisor of his/her medical condition, the name or type of drug being taken or any other private, confidential medical information. The employee need only notify the Supervisor that he/she has limitations on his/her ability to safely perform his/her job duties. 290
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The City will make a reasonable attempt to find a temporary, modified duty assignment for the employee, if needed, to insure that job safety will not be compromised.
A physician's statement verifying the needed accommodation may be required and will be kept confidential The City will follow its Reasonable Accommodation Policy, located in this Manual, where applicable to address this issue for a qualified individual with a disability. Nothing contained in this policy is intended to interfere or violate an individual’s rights under federal and state laws which protect the rights of disabled individuals and/or protect the confidentiality of medical information obtained by the City.
17.1.4 Reporting By Employees
It shall be the responsibility of each employee who observes, or has knowledge of, another employee who is in a condition that impairs the employee’s ability to perform her/his job duties, or who presents a hazard to the safety and welfare of others, or is otherwise in violation of this policy, to promptly report their observation to their immediate supervisor.
17.1.5 Reasonable Accommodation
The City expects employees who believe that they may have an alcohol or drug problem to seek treatment; however, it is the responsibility of the employee to seek and accept assistance before drug and alcohol problems lead to disciplinary action, including termination. The City will follow its Reasonable Accommodation Policy, located in this Manual, for any employee whose condition constitutes a disability under the law.
The City will also attempt to provide a referral to an appropriate professional organization; however, the City's support for treatment and rehabilitation does not obligate the City to retain any person who violates the City's drug and alcohol abuse policy or other City rule, or whose job performance is impaired because of substance abuse. 291
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Confidentiality of records and information will be maintained in accordance with all local, State, and federal laws.
17.2 ALCOHOL AND DRUG TESTING
The City shall conduct alcohol and drug tests in the following circumstances:
17.2.1 Drug and Alcohol Testing for Applicants for Employment Those external applicants who apply for certain jobs where a need for preemployment drug and alcohol testing exists must take and pass a drug and alcohol test following a conditional offer of employment. The categories of jobs subject to preemployment drug and alcohol testing include, but are not limited to:
1. Safety-sensitive jobs that have public safety implications, such as operating heavy trucks to transport hazardous material, protecting national security, and enforcing drug laws;
2. Jobs that involve the direct influence over children.
Drug and alcohol tests will be required only after the City has made a conditional offer of employment to an applicant that is contingent upon passing a medical exam. Applicants who test positive for drugs will not be hired.
17.2.2 Reasonable Suspicion Testing of Current Employees The City may require a blood test, urinalysis, or other drug and/or alcohol screening of those employees who are reasonably suspected of using or being under the influence of a drug or alcohol at work, under the following circumstances.
1. “Reasonable suspicion” to test exists if, based on objective factors, a reasonable person would believe that the employee is under the influence of drugs or alcohol at work. Examples of objective factors, include, but are not limited to: unusual behavior, slurred or altered speech, body odor, red or watery eyes, unkempt appearance, unsteady gait, lack of coordination, sleeping on the job, 292
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a pattern of abnormal or erratic behavior, a verbal or physical altercation, puncture marks or sores on skin, runny nose, dry mouth, dilated or constricted pupils, agitation, hostility, confused or incoherent behavior, paranoia, euphoria, disorientation, inappropriate wearing of sunglasses, tremors, an accident involving agency property or equipment, or other evidence of recent drug or alcohol use.
2. Document and Analysis: In order to receive authority to test, the supervisor must record the factors that support reasonable suspicion in writing and analyze the matter with the City Manager. Any reasonable suspicion testing must be pre-approved by the City Manager.
3. Testing Protocol: If the documentation and analysis show that there is a reasonable suspicion of drug or alcohol abuse at work, and the City Manager has approved, the employee will be relieved from duty, transported to the testing facility and to his/her home after the test. The employee will be placed on sick or other paid leave until the test results are received.
17.2.3 Positive Test Result
Positive test results will be confirmed by a licensed laboratory. Any employee who tests positive for drugs or alcohol will be subject to discipline up to and including termination for violating this policy. Continued employment with the City following a positive drug/alcohol test by an employee is completely up to the discretion of the City Manager and will only be allowed if the employee is willing to undergo treatment and periodic testing upon return to work.
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17.2.4 Testing Employees who have a Commercial Drivers License Employees that are required to have a commercial driver’s license as part of her/his essential duties shall participate in the City’s drug testing program in accordance with Department of Transportation regulations.
17.3 INVESTIGATIONS, SEARCHES, NO EXPECTATION OF PRIVACY ON CITY
PROPERTY
Where a manager or supervisor has reasonable suspicion that an employee has violated the drug abuse policy, the supervisor, or designee, may inspect all City property including, but not limited to vehicles, lockers, work areas, desks, computers and other City locations or property without prior notice, in order to ensure a drug free work environment. The employee is hereby notified that locked areas or containers belonging to the City do not prevent a search and understand that there is no expectation of privacy on City premises, City property, and equipment. 294
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City Records, Communication
Systems, and Requests for Information
18.1 CITY RECORDS AND REQUESTS FOR INFORMATION
All official City records and files are considered the property of the City. Some records are considered confidential and will not be released. A request for information that is not part of an employee’s routine job responsibilities or duties should be referred to the employee’s supervisor or Department Director.
18.2 PUBLIC RECORDS ACT REQUESTS
It is City policy to comply with State laws regarding access to, and disclosure of, public records. All requests for documents under the California Public Records Act should be referred to the City Clerk’s Office. Almost all City public records are now accessible on the City’s website.
18.3 MEDIA REQUESTS
Employees receiving requests for information by the news media should refer the requests to the City Manager or his/her designee, specifically authorized by the City Manager to handle public information.
18.4 LEGAL SERVICE AND REQUESTS FOR INFORMATION
Employees shall not respond to any subpoenas, requests for deposition or other legal requests for information regarding official City business. All such requests must be reported immediately to the employee’s Department Director, or to the City Manager, who will consult with the City Attorney or other City legal representatives. The City Clerk will coordinate all requests for public records and will consult with the City Manager and City Attorney, as needed.
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18.5 OUTSIDE INQUIRIES CONCERNING EMPLOYEES
All inquiries concerning information about employees from outside sources should be directed to the City Manager, or the Human Resources Division. No employee is authorized to provide a job reference for a current or former employee.
18.6 PERSONNEL RECORDS
The Human Resources Division maintains personnel records for all employees.
The Human Resources Division shall maintain the records and reports necessary for the proper administration of the personnel system.
18.6.1 Personnel Files
The Personnel file includes records and documents pertinent to each employee's employment status and history. Personnel files are the property of the City and confidential information in a personnel file will not be revealed to outside sources except as required by law or with the consent of the employee and the City Manager.
Personnel files are kept for at least six years after separation of employment. The following information is a matter of public record and will be disclosed to anyone who requests it: employee's name, classification title and department, status, salary range, salary, benefits, date of hire and/or separation date from employment. An employee, or representative with written consent from the employee, may inspect the employee's personnel file during normal working hours. Upon request, an employee may receive a copy of any materials in her/his own personnel file.
18.6.2 Confidential Medical Records
The Human Resources Division shall maintain any medical records and reports for each employee in a separate locked file that will not be accessible to any other employee except on an as-needed basis. Access to employee or applicant medical information shall be strictly limited to only those with a legitimate need to have such information for 296
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City business reasons, or if access is required by law, subpoena or court order. In the case of an employee with a disability, managers and supervisors may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations.
18.6.3 Employee Access to Personnel Files
A current employee may inspect his/her own personnel file, at reasonable times and at reasonable intervals, within 30 days of a written request. A former employee is entitled to inspect his/her personnel records one time per year. A current or former employee and/or his/her representative, who wishes to review his/her personnel file should make a written request to the Human Resources Division. The inspection must occur in the presence of the City Manager or designee and: (1) at a location where the employee works and at a time other than the employee’s work time; or (2) at another agreed upon location without loss of compensation to the employee.
A current or former employee is entitled to receive a copy of his/her personnel records within 30 days after the employer receives a written request. (A current or former employee who wishes to receive such a copy should contact the Human Resources Division in writing. The City may charge a fee for the actual cost of copying.) Representative’s Inspection: If the current or former employee wishes to have another person/representative inspect his/her personnel file, he or she must provide the person/representative with written authorization. The Human Resources Division will notify the employee and/or representative of the date, time and place of the inspection in writing.
No person inspecting a personnel file is permitted to add or remove any document or other item to/from the personnel file.
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Prior to making a copy of personnel records or allowing inspection, the City may redact the names of nonsupervisory employees. Under no circumstances will the City provide access or copying of the following categories of personnel file documents: records relating to the investigation of a possible criminal offense; letters of reference; ratings, reports, or records that were obtained prior to employment, prepared by identifiable examination committee members, or obtained in connection with a promotional examination.
18.7 NOTIFICATION OF CHANGES BY EMPLOYEES
Employees must notify the Human Resources Division promptly of any change of name, address, phone number, number of dependents, or other applicable personal information.
18.8 CITY EQUIPMENT AND RESOURCES
18.8.1 Policy and Applicability
All files and records stored on City computers are the property of the City. City equipment and resources, including computers and telephones, are for City business, not for personal use, except for de minimis use as described below. As a result, City equipment and resources are non-public forums.
18.8.2 Agency Equipment or Resources
City equipment or resources is defined as any City-owned or supplied item or resource including, but not limited to: intellectual property (e.g., photographs, plans, drawings, formulas, customer lists, designs, formulas), vehicles, telephones, cell phones, pagers, tools, machines, supplies, copy machines, facsimile machines, desks, office equipment, computers (including hardware and software), file cabinets, lockers, Wi-Fi, internet, intranet, City network, data systems, routers, voice mail, servers, and email or voice mail communications stored in or transmitted through City electronic resources or equipment.
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18.8.3 De Minimis Use
De minimis (brief and infrequent) personal use of City equipment and resources is allowed during an employee’s own time, including breaks and lunchtime. Any personal use beyond that which is deemed de minimis by the employee’s Department Director shall be on employee’s own time and only with prior approval of the employee’s department director. Such use shall not interfere with or conflict with City operations or the work performance of any City employees. Such use shall not be abuseive, illegal, inappropriate, or prohibited by this Manual or the City-owned Electronic Media Acceptable Use Policy (see Appendix E).
Making personal copies or printouts at work is discouraged, but for de minimis use employees shall pay $.25 per page for any personal printouts or copies.
18.8.4 No Expectation of Privacy
As outlined in the City-owned Electronic Media Acceptable Use Policy (see Appendix E), electronic mail and voice mail messages are for City business and are considered City property. The City maintains the right to access computer files, e-mail, Internet usage, telephones and voice mail at any time without prior notice, and employees should not assume that such usage, including communications and content contained in or transmitted through City networks or electronic resources are either personal or private.
The existence of passwords or delete functions does not restrict the City’s access.
Employees have no expectation of privacy their use of any equipment or resources.
18.8.5 Appropriate Use
Appropriate use of the City’s electronic resources are set forth in City-owned Electronic Media Acceptable Use Policy (see Appendix E). However, the following guidelines for appropriate use of all City equipment must be followed.
1. Employees are expected to keep telephone and computer passwords confidential. 299
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2. The City prohibits the display, transmission or downloading of sexually explicit images, messages, or cartoons, or any transmission or use of voice mail, email, or Internet communications that contain ethnic slurs, racial epithets, or anything that may be construed as harassment or disparagement of others based on their race, religion, color, creed, national origin, sex, sexual orientation, marital status, age, or the presence of any sensory, mental or physical disability.
Voice mail, email, or Internet systems may not be used to solicit others for commercial ventures, religious or political causes, outside organizations, or other non-job-related solicitations.
3. Employees, other than personnel designated by the City Manager, are not authorized to load any software programs onto City-owned computer equipment without express approval from Information Technology (IT) personnel. Should an employee load a program without first obtaining permission and damage and/or economic harm results, the employee is liable for the cost of repair and/or restoration of any damages to the computer system.
18.8.6 Employee Cell Phone Usage
Employees are encouraged to utilize their personal cell phones when making or receiving personal phone calls and no personal long-distance calls may be made from the City’s telephone system. Personal phone calls should be on the employee’s own time, or be of a de minimis nature, as described above.
When it is determined that an employee’s responsibilities require the use of a cell phone and the City provides either a phone or a stipend to be used for the employee‘s business use, the employee must pay for any personal use that causes charges beyond what the service plan or stipend covers. It shall be the employees’ responsibility to 300
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review monthly bills to ensure such costs for personal calls are reimbursed to the City in a timely manner.
Employees misusing the City’s computers, Internet, e-mail, telephones and voice mail will be subject to disciplinary action, up to and including termination.
18.8.7 Off Duty Use of Non-City Owned Technology Policy While the City respects employee rights of free expression, employees are urged to use good judgment when accessing and using blogs, online journals, social networking sites, or other forms of Internet communications through non-city owned technology while off-duty. The Internet is a public place and your Internet activity is neither personal nor private. As such, all employees should be cognizant of how their use of the Internet may affect their personal reputation and, in turn, their commitment to public service. The City encourages employees who maintain profiles on social networking websites (e.g.
Facebook, Twitter etc.) or other such Internet publications to take all steps necessary to restrict others from accessing your profile. Employees shall not post messages on social media which purport to be on behalf of the City or made in their official capacity of City employees, unless they have received written permission to do so from the City Manager. Employee usage of social media that has a nexus to the employee’s City employment and which brings discredit upon the City may be subject to discipline pursuant to the Discipline Policy in this Manual. This provision is not intended to prohibit employees from engaging in concerted activity permitted by state or federal law. In all circumstances, employees are not permitted to engage in illegal activity, on or off-duty, which adversely affects the City
18.9 ELECTRONIC PUBLIC RECORDS
Email is a business tool that shall be used in a professional manner for business purposes only, except de minimis use as described above. The email system will be 301
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used in accordance with generally accepted business practices and current law reflected in the California Public Records Act to provide an efficient and effective means of intraCity communications. When the City becomes the target of litigation, all records maintained by the City are subject to subpoena and review by the other party, including email. Therefore, email is neither personal nor private. Marking a message as “private” or “confidential” does not exempt information from being disclosed. As such, email addressed to, generated by, or received on City computers or servers is the property of the City. Further, employees must send all City communications that are sent via email to and from their official City email address. Employees are prohibited from using their private email address (such as Gmail, Yahoo, MSN/Hotmail, etc.) when communicating City business via email. Should an email related to City business be sent to an employee’s personal email account, the email should immediately be forwarded to the employee’s City email account and responded to accordingly.
As with voice mail, although employees and elected officials have passwords that restrict access to their computers, the City may access any files or email messages stored on or deleted from the computer system. The City reserves the right to access such information for any purpose at any time. The City’s Email Retention Policy can be found in Appendix J of this Manual.
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Employee Conflict of Interest
19.1 PURPOSE
The purpose of this policy is to establish guidelines for ethical standards of conduct, which shall govern City employees in the performance of City business and the duties of their respective jobs. This policy is intended to provide positive direction to City employees in order to prevent potential conflicts of interest. This policy is not all encompassing in its definition of conflict of interest. The “prudent person” theory can and will be applied: action deemed inappropriate by a reasonable person, whether specifically cited in this policy or not, will be subject to inquiry and may be grounds for disciplinary action. This policy is in addition to the City’s Conflict of Interest Code (Title 2, Chapter 9 of the Oakley Municipal Code) and Government Code Sections 87300 et seq.
19.2 CONFLICTS OF INTEREST AND GIFTS
No City employee shall engage in any act, which is in conflict, or creates an appearance of unfairness or conflict with the performance of his/her official duties. This includes, but is not limited to, any conflicts of interest as defined in Government Code section 1090 et seq. and the Political Reform Act, Government Code sections 87100 et seq. and Title 2, California Code of Regulations, sections 18700 et seq.
The City Manager or designee is permitted to accept a gift, gratuity, or favor on behalf of the City and may distribute such gift, gratuity, and favor as she/he deems appropriate to City employees and elected officials in accordance with Fair Political Practices Commission regulations (i.e., holiday gifts and goodies, sporting events tickets, cultural events tickets)
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19.2.1 Conflicts of Interest Under Government Code Section 1090 City Councilmembers, employees, or City consultants shall not be financially interested in any contract made by the City. This includes the development, preliminary discussions, negotiations, compromises, planning, reasoning, and specifications and solicitations for bids related to the contract. If a Councilmember or employee has such a financial interest, the City is barred from entering into the contract.
A Councilmember or employee is not deemed financially interested in a contract if his/her interest is a "noninterest" as defined in Government Code 1091.5. One such noninterest is when Councilmember’s members spouse/registered domestic partner has been a City employee for at least one year prior to the Board member's election or appointment.
A Councilmember or employee shall not be considered to be financially interested in a contract if he/she has only a "remote interest" in the contract as specified in Government Code 1091 and if the remote interest is disclosed during a Board meeting and noted in the official Board minutes. The affected Board member shall not vote or debate on the matter or attempt to influence any other Board member to enter into the contract.
19.2.2 Conflicts of Interest Under the Political Reform Act (Government Code section 87100 et seq.)
All City officials and employees must comply with the Political Reform Act.
A Councilmember or certain designated employee shall not make, participate in making, or in any way use or attempt to use his/her official position to influence a governmental decision in which he/she knows or has reason to know that he/she has a disqualifying conflict of interest. A conflict of interest exists if the decision will have a "reasonably foreseeable material financial effect" on one or more of the Councilmember or designated employee's "economic interests," unless the effect is indistinguishable from 304
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the effect on the public generally or the Board member's or designated employee's participation is legally required.
A Councilmember or designated employee makes a governmental decision when, acting within the authority of his/her office or position, he/she votes on a matter, appoints a person, obligates or commits the City to any course of action, or enters into any contractual agreement on behalf of the City.
A Councilmember who has a disqualifying conflict of interest on an agenda item that will be heard in an open meeting of the Council shall abstain from voting on the matter. He/she may remain on the dais, but his/her presence shall not be counted towards achieving a quorum for that matter. A Councilmember with a disqualifying conflict of interest shall not be present during a closed session meeting of the Board when the decision is considered and shall not obtain or review a recording or any other nonpublic information regarding the issue.
A “designated employee” is one whose position entails the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest.
19.2.2 Gifts and Gratuities
Councilmembers and designated employees may accept gifts only under the conditions and limitations specified in Government Code section 89503. Examples of acceptable courtesies include a meal or social event; exchanges of floral offerings or gifts of food to commemorate events such as illness, death, birth, holidays, promotions; a sample promotional gift of nominal value (less than fifty dollars ($50).
Except for courtesies as provided above, no employee shall, directly or indirectly, give or receive, or agree to receive any compensation; gift, reward, commission, or gratuity from any source except the City for any matter directly connected with or related to his official services as such employee with this City. 305
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19.2.3 Statement of Economic Interest
Designated employees must file a Statement of Economic Interest/Form 700 in accordance with particular disclosure categories. (Government Code §§ 87302, 87500.)
19.2.4 Incompatible Activities
No employee may engage in, accepts employment from, or renders services for private interest for any compensation or consideration having monetary value when such employment or service is incompatible with the employee’s official duties or would tend to impair independence of judgment or action in performance of official duties, or give the appearance of the above. An employee should not make a unilateral decision, if there is any doubt about her/his private employment. He/she should consult with the City Manager.
19.3 USE OF PUBLIC PROPERTY
No employee of the City shall request, use, or permit the use of City-owned vehicles, clothing, equipment, materials, or other property for unauthorized personal convenience, for profit, for personal or private use, or as part of secondary employment.
Use of such City property is to be restricted to such services as are available to the City generally and for the conduct of official City business.
19.4 POLITICAL ACTIVITIES
No employee may use City time or property in any manner to promote any political issue or candidate, or to solicit funds for any political purpose or to influence the outcome of any election. Further, no City employee or official shall participate in political activities of any kind while in City uniform or other City-issued clothing.
No employee shall be eligible for appointment or election to any public office (including appointment to a Board, Commission or Committee in the City of Oakley or in a city or unincorporated community within 5 miles of Oakley) when the holding of 306
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such office or position would be incompatible or would substantially interfere with the employee’s official duties, at the discretion of the City Manager.
19.5 OUTSIDE BUSINESS OR EMPLOYMENT
An employee shall not engage in any paid or self-employment, activity, or enterprise which is inconsistent, incompatible or in conflict with his/her City duties, functions, responsibilities, or that of the department in which he or she is employed at the City.
All employees holding or considering second jobs must obtain advance approval from her/his Department Director and the City Manager no later than ten (10) working days prior to beginning the employment. Advance approval is required to ensure that the job will not create a conflict of interest or interfere with the proper performance of the any employees’ duties. The City Manager will determine if the outside employment, activity, or enterprise is compatible with the employee’s employment at the City.
The request for approval for outside employment is initiated by the employee submitting the Request for Outside Employment Form, attached in Appendix F. If the City Manger denies an employee’s outside employment request, the employee may submit a written notice of appeal to the City Manager within ten (10) days after the date of the denial. The decision on appeal will be in writing, provided within ten (10) days after receipt of the appeal, and shall be final.
19.5.1 Annual Approval Required
An employee must submit a request for employment or outside business (Appendix F) on an annual basis.
19.5.2 Changes in Outside Employment Status
The employee must promptly report in writing to the City Manager any of the following changes that may occur during the year of authorized outside employment: the outside employment ends; or the authorized employment changes as to the number of work hours, location, or types of duties.
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19.5.3 Revocation/Suspension of Outside Employment Authorization Any outside employment authorization may be revoked or suspended during the year it is granted under the circumstances listed below. An employee may appeal the revocation or suspension as provided in this policy:
1. The employee’s work performance declines; or
2. An employee’s conduct or outside employment conflicts with the conditions of the outside work authorization or is incompatible with the employee’s work for the City.
19.5.4 Violations Subject to Discipline
Unapproved outside employment is grounds for discipline, up to and including termination. Approved outside employment are also grounds for discipline up to termination if any of the following occur:
1. Outside employment involves the employee’s use for private gain or advantage the City’s owned/controlled facilities, equipment, information, records, supplies, and/or uniforms;
2. Outside employment involves the employee’s use of work time compensated for by the City;
3. Outside employment involves the employee’s receipt of money, or other consideration for performance of work which the employee would normally be required to perform in their regular course of work for the City;
4. Outside employment requires the employee to do work which may later be subject, directly or indirectly, to the control, inspection, review, audit, or enforcement by any other employee or officer of that same department;
5. Outside employment would require such demands on the employee’s time that their ability to perform their City work is adversely impacted;
6. Any employee who engages in outside employment while on sick leave. 308
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Miscellaneous
20.1 POLICY REGARDING VEHICLE USE
20.1.1 Use of City Vehicles
The following requirements must be met prior to authorization for official City travel in a vehicle owned, leased, of hired by the City of Oakley:
1. Each employee or volunteer of the City of Oakley who in the course and scope of employment uses a vehicle owned, leased, or hired by the City of Oakley shall have in effect a current, valid California Driver License.
2. Each employee or volunteer shall provide his/her Department Director with a copy of their current, valid California Driver License.
3. Each Department Director shall keep a record and update it regularly to ensure that employees and volunteers who use vehicles owned, leased, or hired by the City in the course and scope of their employment maintain a current, valid California Driver License.
4. With permission from the City Manager, autos leased or hired for use by or on behalf of the City and used only for City business are provided coverage through the Municipal Pooling Authority, subject to the conditions and exclusions in the MPA Liability Memorandum of Coverage.
5. It is the responsibility of the employee or volunteer to immediately report any collision, theft, or damage to the Department Director and the City Manager’s Office.
20.1.2 Use of Personal Vehicles
The following insurance coverage requirements must be met prior to authorization for official City travel in a personally owned vehicle:
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1. Each employee or volunteer of the City of Oakley who in the course and scope of employment uses a personally owned vehicle for City business shall have in effect a personal automobile policy from a commercial insurance company with liability limits no less than currently required by the California Compulsory Financial Responsibility Law (Vehicle Code §§1656.2, as amended from time to time by the State Legislature): $15,000 per occurrence, $30,000 per accident, and $5,000 property damage coverage.
2. Each employee or volunteer who in the course and scope of employment uses a personally owned vehicle for City business shall provide his/her Department Director with a copy of the employee’s or volunteer’s current, valid California Driver License and Proof of Auto insurance card.
3. Each Department Director shall keep record and update it regularly to ensure that employees and volunteers who use personal vehicles in the course and scope of their employment maintain current, valid driver licenses and auto insurance.
4. Employees or volunteers providing proof of auto insurance coverage are required to immediately notify their Department Head in the event of cancellation, nonrenewal, or change of insurance carrier.
5. The City of Oakley will not be responsible for the replacement of repair of any personal vehicle damaged or destroyed during the course of use. Should the employee not wish to use their personal vehicle, upon request a City car can be made available.
6. Any automobile liability coverage provided by the Municipal Pooling Authority shall be in excess of the employee’s or volunteer’s personal auto policy coverage.
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20.2 UNIFORMS AND SAFETY SHOES
When required to be worn by employees, uniforms shall be provided to the employee at the expense of the City of Oakley and shall be required to be worn during working hours. Work uniforms shall be appropriate for the typical function performed and consistent with good safety practices. The department/division heads shall determine the color, style and lettering on the uniform to be worn by staff, subject in each case to the approval of the City Manager.
Employees are to report to work in uniforms that are neat, clean, stain-free, and in good repair. The employee shall be responsible for properly laundering and mending their work uniforms at their expense. Where appropriate, (or more specifically: Employees whose duties routinely require interface with the public and do not involve in physical labor) uniform shirts will be pressed.
Prior to March 1st of each year, department/division heads requiring uniforms shall present uniform needs to the Human Resources Division. Upon approval of the City Manager, uniforms will be provided to employees. Throughout the year, uniform items will be provided upon initial hire and annually on the employee’s anniversary date. In the event an employee’s uniform is damaged or worn out, the employee shall turn in said work uniform in to his/her Department Head and shall be issued replacement work uniforms.
The City shall retain the right to establish minimum safety and quality standards for safety equipment, clothing, and steel-toed safety shoes to be used while performing assigned tasks. If an employee is at work without the required clothing or safety equipment, that employee will not be allowed to work until she/he is at the worksite with the required clothing and safety equipment.
Employees required to wear safety shoes/boots will be reimbursed for the cost of the footwear on an annual basis up to an amount approved on an annual basis by the 311
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City Manager (in 2015 the amount is $215). Limited Term/ Seasonal employees that are required to wear safety shoes/boots will be reimbursed for 50% of the total cost of the safety shoe/boot which shall not exceed $107.50. Limited Term/Seasonal employees will become eligible for this reimbursement after the employee completes 160 days of employment. The employee shall make the selection of an appropriate type of footwear, subject to the advance approval of the department/division head and provide a formal receipt of purchase. Employees receiving reimbursement under this provision shall be required to wear the approved footwear at all times while on duty. 312
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Reasonable Accommodation and
Interactive Process
Absent undue hardship or direct threats to the health and safety of employee(s), the City provides employment-related reasonable accommodations to:
1. Qualified individuals with disabilities, both applicants and employees, to enable them to perform essential job functions; and
2. Employees with conditions related to pregnancy, childbirth, or a related medical condition, if she so requests, and with the advice of her health care provider; and
3. Employee victims of domestic violence, sexual assault, or stalking to promote the safety of the employee victim while at work; and
4. Employees who request reasonable accommodation to address a conflict between religious belief or observance and any employment requirement.
21.1.1 Reasonable Medical Documentation of Disability
If the disability or the need for reasonable accommodation is not obvious, the City may require the individual to provide reasonable medical documentation confirming the existence of the disability and the need for reasonable accommodation, along with the name and credentials of the individual’s health care provider. If the individual provides insufficient documentation, the City will: (1) explain the insufficiency; (2) allow the employee or applicant to supplement the documentation; and (3) pursue the interactive process only to the extent that the request for reasonable accommodation is supported by the medical documentation provided.
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21.1.2 Medical Certification Indicating the Need for Reasonable Accommodation or Transfer Due to Pregnancy or Related Conditions
If a pregnant employee, or an employee with a pregnancy-related condition, requests a reasonable accommodation or transfer due to pregnancy, the City will provide the employee with notice of the need for a medical certification within two (2) business days after the employee’s request for accommodation. A medical certification confirming the need for a reasonable accommodation, including transfer, is sufficient if it contains:
a description of the requested accommodation or transfer; a statement describing the medical advisability of the accommodation or transfer due to pregnancy; and the date that the need for the accommodation or transfer will become necessary and the estimated duration of the accommodation or transfer.
12.1.3 When to Initiate the Interactive Process
The City Manager, or designee, will initiate the interactive process when:
1. An applicant or employee with a known physical or mental disability or medical condition requests reasonable accommodation(s);
2. The City otherwise becomes aware of the need for accommodation through a third party (e.g., doctor’s note requesting accommodation) or by observation of the employee’s work;
3. The City becomes aware of the possible need for an accommodation because the employee with a disability has exhausted worker’s compensation leave, FMLA/CFRA leave, or other rights, but the employee and/or the employee’s health care provider indicate that further accommodation is still necessary for recuperative leave or other accommodation;
4. An employee disabled by pregnancy, childbirth, or related medical conditions requests a reasonable accommodation or transfer based on the advice of her health care provider;
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5. An employee with a physical or mental disability, regardless of cause, fails to return to work following pregnancy disability leave;
6. An employee-victim of domestic violence, sexual assault, or stalking requests a reasonable accommodation(s) for his/her safety at work;
7. An employee requests an accommodation to address a conflict between religious belief, observance, or practice and any employment requirement; or
8. An employer is aware of the need for reasonable accommodation for an employee’s or applicant’s religious beliefs, observance or practice.
21.1.4 Interactive Communication
After the occurrence of any of the circumstances requiring initiation of the interactive process, the City Manager or designee will promptly arrange for an interactive process meeting. The interactive process meeting will consist of a discussion or discussions, in person or via conference telephone call, with the applicant or employee and his/her designated representative (if any). The purpose of the interactive communications will be to discuss in good faith all feasible potential reasonable accommodations. The City Manager or designee will document these communications in writing.
21.1.5 Potential Accommodations for Applicants or Employees with Disabilities Depending on the facts of each case, the interactive process analysis will generally begin with a review of possible reasonable accommodations that would enable the individual to retain his/her current job. The process will generally then move on to possible reasonable accommodations in other vacant jobs, for which the individual is qualified, if there is no reasonable accommodation in the current job that does not cause undue hardship, or that does not present a risk of harm to the individual or others.
The City will consider accommodations that the applicant or employee suggests, but has the right to select and implement any reasonable accommodation that it deems effective.
The range of potential reasonable accommodations includes, but is not limited to:
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1. Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities, including: acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, and/or the provision of qualified readers or interpreters;
2. Job restructuring;
3. Part-time or modified work schedules;
4. Paid or unpaid leave of absence of a finite duration that is likely to enable the employee to return to work at the end of the leave;
5. Preferential consideration to reassignment to a vacant, comparable position, except when such preference would violate a bona fide seniority system;
6. Reassignment to a vacant lower-paid position if there is no funded, vacant comparable position for which the individual is qualified for; or
7. Reassignment to a temporary position, if the individual agrees.
21.1.6 Potential Accommodations for Applicants or Employees with Disabilities Depending on the facts of each case, the interactive process will attempt to identify and implement a reasonable accommodation that is consistent with the medical certification applicable to the applicant or employee. Whether an accommodation is reasonable is a case-by-case analysis that takes into account several factors, including, but not limited to: the employee’s medical needs; the duration of the needed accommodation; and the employer’s legally permissible past and current practices. The range of potential accommodations includes, but is not limited to:
1. Transfer to a less strenuous or hazardous position for the duration of the pregnancy;
2. Change in or restructuring of work duties, such as modifying lifting requirements;
3. Providing more frequent breaks;
4. Providing seating;
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5. Time off for medical appointments;
6. Transfer temporarily to a job with equivalent pay and benefits that the employee is qualified to perform in order to accommodate reduced work schedule or intermittent leave. (However, a reduction in work hours may be considered a form of pregnancy disability leave and deducted from the employee’s four month pregnancy disability leave entitlement.)
21.1.7 Potential Accommodations for Employee-Victims of Domestic Violence, Sexual Assault, or Stalking
Depending on the facts of each individual case, the interactive process analysis will review all possible accommodations that would enhance the safety of the employee victim at work. In determining what accommodation is reasonable, the City will consider the exigent circumstance or danger facing the employee. The City will consider the preferences of the employee to be accommodated, but has the right to select and implement any accommodation that it deems effective. The range of potential safety measure accommodations includes, but is not limited to:
1. Transfer, reassignment, modified schedule;
2. Change in work telephone number;
3. Change in location of work station;
4. Installation of locks;
5. Assistance in documenting domestic violence, sexual assault, or stalking that occurs in the workplace;
6. The implementation of a safety procedure(s);
7. Adjustment to job structure, workplace facility, or work requirement; and
8. referral to a victim assistance organization.
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21.1.8 Potential Accommodations for Religious Creed, Religious Dress Practice, or Religious Grooming Practice
Depending on the facts of each case, the interactive process analysis will review all possible accommodations that would resolve the conflict between the religious belief or observance and any employment requirement. The City will consider the preference of the employee or applicant, but has the right to select and implement any accommodation that it deems effective. The range of potential accommodations includes, but is not limited to:
1. Job restructuring or job reassignment (but not segregation from other employees or the public);
2. Modification of work practices, including dress or grooming standards;
3. Allowing time off in an amount equal to the amount of non-regularly scheduled time the employee has worked in order to avoid a conflict with his/her religious observances;
4. Allowing alternatives to union membership or payment of union dues.
21.1.9 Determination
After the interactive process communications, the City Manager will review the information received, and determine: whether all available information has been reviewed; whether all potential accommodations that the applicant or employee has suggested have been considered; whether additional discussions with the applicant or employee would be helpful; whether the applicant’s or employee’s preferences have been taken into account; if there is a reasonable accommodation that would enable the applicant or employee to perform essential job functions without harming him or herself or others; and if the accommodations would pose an undue hardship on City finances or operations. The City Manager will inform the applicant or employee of his/her determination in writing. 318
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The City Manager will use his/her discretion based upon the particular facts of each case.
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Appendices
Appendix A Performance Evaluation Form
Appendix B Travel Policy
Appendix C Compensation Policy
Appendix D Accident Reporting Forms
Appendix E City-owned Electronic Media Acceptable Use Policy Appendix F Request for Outside Employment
Appendix G Sexual Harassment Discrimination Complaints
Appendix H Family Medical Leave Act/CRFA
Appendix I Drug Free Workplace
Appendix J Email Retention Policy
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PERFORMANCE EVALUATION FORM
(TO BE COMPLETED BY THE SUPERVISOR)
1 Employee’s Name:
Title:
Department:
Supervisor’s Name:
Date of Hire:
Last Appraisal:
EVALUATION CRITERIA: Please evaluate the employee’s performance objectively and honestly, and in accordance with the following performance standards:
5 = Outstanding Performance (EXCELLENT)
Consistently performs above the expectations and the employee’s contribution to the City is unique and of unusually high quality. Employees at this performance level demonstrate job mastery and achieve the highest standard of performance.
4 = Exceeds Performance Standards (ABOVE AVERAGE)
Consistently meets and frequently exceeds expected levels of performance. Individuals rated at this level make contributions above what is deemed “satisfactory” performance. 3 = Meets Performance Standards (AVERAGE)
Employee meets the minimum expectations. Performance is acceptable, but does not demonstrate performance beyond “satisfactory.” This rating represents adequate, but not the hoped for results. 2 = Does Not Meet Performance Standards (BELOW AVERAGE) Generally does not meet expectations. Employee’s performance needs improvement to achieve a level of competency expected.
1 = Significant and Immediate Improvement is Needed (POOR) Generally fails to meet expectations. Employee needs immediate improvement to maintain employment.
N/A= Not Applicable
Performance in this area is unknown, unobserved, or does not apply to job duties. This person may need the opportunity to demonstrate ability.
SECTION I: With input from the employee’s self evaluation, please describe up to six projects/tasks (new or ongoing), specific duties, or accomplishments for the employee over the past year, including a detailed description of the work performed, output, and skills the employee used to complete the work and a subsequent rating of 1 to 5 for each item. Please be sure to refer back to and include those set in SECTION 3 of last year’s Performance Evaluation.
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PERFORMANCE EVALUATION FORM
(TO BE COMPLETED BY THE SUPERVISOR)
2 Goal/Project/Assignment WORK PERFORMED SCORE 1‐5
1. 2.
3. 4.
5. 6.
Comments:
SECTION 2: Please synthesize performance feedback from others, if applicable, the self‐appraisal, and your own insights to rate the employee on his/her skills over the past year in the following areas:
Customer Service
Professional Standards/Technical Knowledge
Problem Solving
Productivity/Quality of Work
Teamwork/Communication
Leadership / Development (for supervisors only)
Additional sheets may be attached to elaborate on specific performance objectives. Supervisors are required to provide comments for all performance objectives with a rating of 3 or less.
PEFORMANCE OBJECTIVES
1=Poor Performance ‐ 5= Excellent Performance
A. CUSTOMER SERVICE Rating 1‐5
1. How well does the employee serve the public in a polite, friendly, efficient, responsive manner?
1 2 3 4 5
2. How well does employee recognize, respect, and satisfy, internal customer needs in a prompt manner (i.e, co‐workers)?
1 2 3 4 5
3. How do you rate the employee’s commitment to community input and a proactive approach to solving community issues?
1 2 3 4 5
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PERFORMANCE EVALUATION FORM
(TO BE COMPLETED BY THE SUPERVISOR)
3 COMMENTS:
B. PROFESSIONAL STANDARDS/TECHNICAL KNOWLEDGE Rating 1‐5
1. Does the employee apply technical, professional and business knowledge for his/her job tasks?
1 2 3 4 5
2. Does the employee keep current in their profession/area of work? 1 2 3 4 5
3. Does the employee keep commitments and perform well under pressure/deadlines?
1 2 3 4 5
4. Rate the employee’s attendance, punctuality, and use of time‐off? 1 2 3 4 5
5. Rate the employee’s commitment to honesty and integrity. 1 2 3 4 5
6. Rate the employee’s understanding of fiscal constraints and commitment to fiscal responsibility of public funds.
1 2 3 4 5
7. Does the employee embrace unanticipated, new and different projects? 1 2 3 4 5
8. Does the employee actively pursue learning and self‐development to enhance professional growth?
1 2 3 4 5
9. Does the employee project professionalism through attitude and attire? 1 2 3 4 5 COMMENTS:
C. PROBLEM SOLVING Rating 1‐5
1. Is the employee a self‐starter? Does the employee perform new/assigned tasks in a self‐directed manner?
1 2 3 4 5
2. Does the employee use reasonable, sound judgment when making a decision? 1 2 3 4 5
3. Does the employee find resourceful, innovative, and creative ways to accomplish a task?
1 2 3 4 5
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PERFORMANCE EVALUATION FORM
(TO BE COMPLETED BY THE SUPERVISOR)
4 COMMENTS:
D. PRODUCTIVITY / QUALITY OF WORK / COMMUNICATION Rating 1‐5
1. Does the employee manage work and resources efficiently? 1 2 3 4 5
2. Rate the employee’s ability to plan, prepare and/or deliver oral presentations which are clear, concise and understandable. 1 2 3 4 5
3. Rate the employee’s ability to plan and prepare written communications which are clear, concise and understandable.
1 2 3 4 5
4. Rate the employee’s speed and technical quality of output, time, utilization, and results.
1 2 3 4 5
COMMENTS:
E. TEAMWORK Rating 1‐5
1. Does the employee demonstrate a sound team orientation by working cooperatively with fellow employees?
1 2 3 4 5
2. Does the employee effectively address conflict and deal directly with conflict/problem situations in a timely and tactful manner? 1 2 3 4 5
3. Does the employee effectively share information with you and other Team members, as appropriate?
1 2 3 4 5
4. Does the employee assist and support co‐workers? Or seek help from others when this is the most effective solution?
1 2 3 4 5
5. Does the employee listen objectively to others and express his/her own ideas clearly and honestly?
1 2 3 4 5
6. How do you rate the employee’s commitment to a positive and encouraging work environment?
1 2 3 4 5
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PERFORMANCE EVALUATION FORM
(TO BE COMPLETED BY THE SUPERVISOR)
5 COMMENTS:
F. LEADERSHIP/DEVELOPMENT (if a supervisor) Rating 1‐5
1. Does the employee create and communicate the City’s mission and vision?
1 2 3 4 5
2. Does the employee motivate fellow employees by example, involvement and high customer service standards?
1 2 3 4 5
3. Does the employee keep supervised staff involved and informed of City information?
1 2 3 4 5
4. Is the employee accessible and responsive to needs of supervised staff? 1 2 3 4 5
5. Does the employee delegate effectively and when appropriate? 1 2 3 4 5
6. Does the employee provide coaching, mentoring, and resources needed to develop supervised staff?
1 2 3 4 5
7. Does the employee proactively address supervised staff issues/concerns? 1 2 3 4 5
8. Does the employee provide frequent, honest, and specific feedback to supervised staff?
1 2 3 4 5
COMMENTS:
TOTAL POINTS POSSIBLE: SCORE: AVERAGE:
SECTION 3: Based upon the employee’s strengths and development needs identified through the performance objectives, identify at least three major goals, projects, and/or assignments that employee will work on over the next year.
Identify the specific goal, identify steps to achieve this goal and anticipated date of completion (if applicable). Remember: goals should be specific, measurable, realistic and include a deadline. 325
PERFORMANCE EVALUATION FORM
(TO BE COMPLETED BY THE SUPERVISOR)
6 Goal/Project/Assignment Steps to Achieve Goal Anticipated Completion Date
1. 2.
3. 4.
5. SECTION 4: Additional Comments:
SECTION 5: Signatures:
CITY MANAGER’S SIGNATURE DATE
DIVISION/DEPARTMENT HEAD
SIGNATURE
DATE
EMPLOYEE SIGNATURE DATE
~ PLEASE ATTACH THE SALARY/WAGE ADJUSTMENT FORM ~
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SELF‐EVALUATION FORM
(TO BE COMPLETED BY EMPLOYEE)
1 Employee Name:
Title:
Department:
Supervisor Name:
Date of Hire:
Last Appraisal:
EVALUATION CRITERIA: Please evaluate your performance objectively and honestly, and in accordance with the following performance standards:
5 = Outstanding Performance (EXCELLENT)
Consistently performs above the expectations and the employee’s contribution to the City is unique and of unusually high quality. Employees at this performance level demonstrate job mastery and achieve the highest standard of performance.
4 = Exceeds Performance Standards (ABOVE AVERAGE)
Consistently meets and frequently exceeds expected levels of performance. Individuals rated at this level make contributions above what is deemed “satisfactory” performance. 3 = Meets Performance Standards (AVERAGE)
Employee meets the minimum expectations. Performance is acceptable, but does not demonstrate performance beyond “satisfactory.” This rating represents adequate, but not the hoped for results. 2 = Does Not Meet Performance Standards (BELOW AVERAGE) Generally does not meet expectations. Employee’s performance needs improvement to achieve a level of competency expected.
1 = Significant and Immediate Improvement is Needed (POOR) Generally fails to meet expectations. Employee needs immediate improvement to maintain employment.
N/A= Not Applicable
Performance in this area is unknown, unobserved, or does not apply to job duties. This person may need the opportunity to demonstrate ability.
In checking this box, I am indicating that I have chosen not to complete the Self‐Evaluation Signature: Date: ______
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SELF‐EVALUATION FORM
(TO BE COMPLETED BY EMPLOYEE)
2 SECTION I: Describe up to six projects/tasks (new or ongoing), specific duties/tasks, or accomplishments of yours over the past year. Please be sure to refer back to and include those set in SECTION 3 of last year’s Performance Evaluation. Include a short, but detailed description of the work performed, output, and skills you used to complete the work. Please provide a subsequent rating of 1‐5 for each item (see rating guide on page 1). Please keep in mind that your performance is also rated according to the ‘performance objectives’ listed in Section 2.
Goal/Project/Assignment WORK PERFORMED SCORE 1‐5
1. 2.
3. 4.
5. 6.
Comments:
SECTION 2: Please review your skills and performance relative to the following performance objectives in the areas of:
Customer Service
Professional Standards/Technical Knowledge
Problem Solving
Productivity/Quality of Work/Communication
Teamwork
Leadership / Development (for supervisors only)
To complete this section, use the scale to the right to indicate your level of performance over the past year for each objective. Refer to the guide on Page 1. Use the comment box to elaborate on specific performance objectives, or share examples. Feel free to attach additional pages as necessary.
PEFORMANCE OBJECTIVES
1=Poor Performance ‐ 5= Excellent Performance
A. CUSTOMER SERVICE Rating 1‐5
1. How well do you serve the public in a polite, friendly, efficient, responsive manner?
1 2 3 4 5
2. How well do you recognize, respect, and satisfy, internal customer needs in a 1 2 3 4 5 328
SELF‐EVALUATION FORM
(TO BE COMPLETED BY EMPLOYEE)
3 prompt manner (i.e, co‐workers)?
3. How do you rate your commitment to community input and a proactive approach to solving community issues?
1 2 3 4 5
COMMENTS:
B. PROFESSIONAL STANDARDS/TECHNICAL KNOWLEDGE Rating 1‐5
1. How well do you understand and apply technical, professional, and business knowledge to your job tasks?
1 2 3 4 5
2. How well do you keep current in your profession/area of work? 1 2 3 4 5
3. How would you rate your ability to keep commitments and perform well under pressure/deadlines?
1 2 3 4 5
4. Rate your attendance, punctuality, and use of time‐off. 1 2 3 4 5
5. Rate your attendance commitment to honesty and integrity. 1 2 3 4 5
6. Rate your understanding of fiscal constraints and commitment to fiscal responsibility of public funds.
1 2 3 4 5
7. How would you rate your embrace of unanticipated, new and different projects?
1 2 3 4 5
8. Rate your pursuit of learning and self‐development opportunities that enhance your professional growth.
1 2 3 4 5
9. How well do you project professionalism through attitude and attire? 1 2 3 4 5 COMMENTS:
C. PROBLEM SOLVING Rating 1‐5
1. Do you consider yourself a self‐starter? Do you perform new/assigned tasks in a self‐directed manner?
1 2 3 4 5
329
SELF‐EVALUATION FORM
(TO BE COMPLETED BY EMPLOYEE)
4 2. How well do you use reasonable, sound judgment when making a decision? 1 2 3 4 5
3. How would you rate your ability to find resourceful, innovative, and creative ways to accomplish a task?
1 2 3 4 5
COMMENTS:
D. PRODUCTIVITY / QUALITY OF WORK / COMMUNICATION Rating 1‐5
1. How well do you manage work and resources efficiently? 1 2 3 4 5
2. Rate your ability to plan, prepare and/or deliver oral presentations which are clear, concise and understandable.
1 2 3 4 5
3. Rate your ability to plan and prepare written communications which are clear, concise and understandable.
1 2 3 4 5
4. Rate the speed and technical quality of your outputs, time, utilization, and results.
1 2 3 4 5
COMMENTS:
E. TEAMWORK Rating 1‐5
1. Do you demonstrate a sound team orientation by working cooperatively with fellow employees?
1 2 3 4 5
2. How well do you effectively address conflict and deal directly with conflict/problem situations in a timely and tactful manner? 1 2 3 4 5
3. How well do you effectively share information with co‐workers, as appropriate?
1 2 3 4 5
4. How well do you assist and support co‐workers? Or seek help from others when this is the most effective solution?
1 2 3 4 5
5. Rate your ability to listen objectively to others and express your own 1 2 3 4 5 330
SELF‐EVALUATION FORM
(TO BE COMPLETED BY EMPLOYEE)
5 ideas clearly and honestly.
6. How do you rate your commitment to a positive and encouraging work environment?
1 2 3 4 5
COMMENTS:
F. LEADERSHIP/DEVELOPMENT (supervisor only) Rating 1‐5
1. As a supervisor, do you create and communicate the City’s mission and vision?
1 2 3 4 5
2. As a supervisor, do you motivate fellow employees by example, involvement and high customer service standards?
1 2 3 4 5
3. As a supervisor, do you keep supervised staff involved and informed of City information?
1 2 3 4 5
4. As a supervisor, are you accessible and responsive to needs of supervised staff?
1 2 3 4 5
5. As a supervisor, do you delegate effectively and when appropriate? 1 2 3 4 5
6. As a supervisor, do you provide coaching, mentoring, and resources needed to develop supervised staff?
1 2 3 4 5
7. As a supervisor, do you proactively address supervised staff issues/concerns?
1 2 3 4 5
8. As a supervisor, do you provide frequent, honest, and specific feedback to supervised staff?
1 2 3 4 5
COMMENTS:
SECTION 3: Based on your strengths and development needs identified through the performance objectives, identify at least three major goals, projects, and/or assignments that you want to work on over the next year.
331
SELF‐EVALUATION FORM
(TO BE COMPLETED BY EMPLOYEE)
6 Identify the specific goal, identify steps to achieve this goal and anticipated date of completion (if applicable). Remember: goals should be specific, measurable, realistic and include a deadline.
Goal/Project/Assignment Steps to Achieve Goal Anticipated Completion Date
1. 2.
3. 4.
5. SECTION 4: Additional Comments:
SECTION 5:
EMPLOYEE SIGNATURE DATE
332
333
334
335
336
337
338
339
1 COMPENSATION POLICY
A compensation policy states the City Council’s policy regarding compensation of City employees and provides consistent guidelines in the setting of salary ranges and the movement of employees through the salary ranges.
COMPENSATION POLICY
Compensation for City employees is based upon a philosophy of recruiting a small, highly qualified staff, providing competitive compensation, and expecting a high level of work performance.
It is the intent of the City Council to establish a compensation policy, which will support and recognize innovation and exceptional performance. It is the City Council’s policy that compensation is based on performance, therefore, individual compensation adjustments are not “automatic”, step‐oriented, or solely based on cost‐of‐living adjustments.
It is the City’s goal to establish and maintain a compensation program reflective of its mission, vision, and values. The total compensation program offered includes wage/salary, incentive pay opportunities as applicable, and a wide range of benefits.
The City of Oakley Salary structure and ranges will be reviewed as necessary and will be based on the following criteria: (1) an evaluation of the City’s ability to pay; (2) competitive market place survey data; (3) the relative value of each position; (4) individual performance; and (5) qualifications and experience.
The compensation program is designed to enable the City of Oakley to successfully attract, develop, retain, and reward employees for their knowledge and contributions.
340
2 The City also wishes to foster a team concept within the organization, recognizing the importance of a satisfied, productive, and cohesive workforce.
In implementing this program, the following guidelines will be considered based upon the financial resources of the City.
1. Considerations in Establishing Compensation Package A. Competitive Position – Establishment of Ranges
Employment classifications will be grouped into salary ranges. The salary ranges will include management and non‐management employees. New or any modifications to salary ranges will be recommended by the City Manager and adopted by the City Council.
For each individual classification, the City will establish a salary range with a minimum and maximum salary. It is the City’s objective to establish ranges that closely match the salary ranges of surveyed classifications at the mean (average) of the survey agencies. After reaching the maximum point, an employee has the opportunity to earn a lump sum merit award based on exceptional performance, but may not be considered for base salary increases unless his or her salary range is adjusted. Salary ranges for part‐time employees will be set by the City Manager.
The City will analyze each individual classification as it best matches the classifications of the survey agencies. The salary ranges for classifications that are not closely matched will be set based on internal relationships or a relationship to a similarly surveyed classification.
B. Labor Market – Comparative Cities
The City has established the following comparative cities for salary setting purposes:
Antioch
Brentwood
Hercules
Pittsburg
Benecia
Pleasant Hill
341
3 C. Measurement of Competitive Position
In considering the City’s competitive position, total cash compensation will be considered which includes base salary and any cash related add‐ ons to base salary. Benefits will be considered, but will not be a part of the direct compensation comparison.
D. Frequency of Salary Survey
At least every two years, the City’s individual job classifications will be surveyed to assess the City’s position relative to the comparative cities as described above. Benchmark classifications will be included in the survey along with other positions that may be common among the survey agencies. Salary ranges will be adjusted at the discretion of the City Council, if necessary to maintain the City’s competitive position in the market, taking into consideration the City’s financial situation.
2. Individual Employee Compensation
A. Employee Salary Adjustments
Individual compensation adjustments within the salary ranges will not be “automatic,” step‐oriented or based solely on cost‐of‐living adjustments, but will be based on 1) fiscal prudence, 2) objectives achieved, and 3) exceptional individual performance.
The City Manager sets the actual salaries for each employee to be hired within each City‐Council approved salary range between the minimum point and the maximum point. On rare occasion, the City Manager may set a salary above the salary range maximum point. The City Manager has the ability to administratively move an individual within the salary range. (The City Council sets the actual salary of the City Manager).
Periodically, the City Council will adopt revised salary ranges that take into consideration the competitive market place and the cost of living.
When the City Council approves a new or adjusted salary range, the City Manager shall consider said adjustment as each affected employee is evaluated for a merit increase.
NOTE: The approved adjustment to a salary range does NOT automatically move the employee within the range, but grants the authority to the City Manager to consider such an increase based on merit, cost of living, and 342
4 competitiveness along with any other merit increase range approved by the City Council.
At the time employees are evaluated, the level of performance for each employee will be determined. The range for the percentage of any merit increase (x % ‐ x %) will be determined by the City Council before July 1st of each year depending upon the City’s competitive position in the market and taking into consideration the City’s financial situation. Performance evaluations for all employees will then be conducted and any merit increase considered by the City Manager to be effective the first full pay period of August. (The City Manager will consider, when determining any merit increase, if an employee began employment near the first full pay period of August).
B. Recognition of On‐going Innovation and Exceptional Performance (Annual Merit Award)
Employees who exhibit innovation and exceptional performance during the previous year may be eligible to receive a lump sum merit award as deemed appropriate by the City Manager. The award will not exceed 10%. Any award above this amount requires approval of the City Council.
3. Non‐Salary Benefits
At least every two years, the City will review the benefits and related costs provided by the City’s survey agencies, to assure the City remains competitive on the basis of total compensation and benefits. Any change in benefits will be approved by the City Council with consideration of the City’s competitive position in the market and taking into consideration the City’s financial situation.
Approved June 24, 2008
343
Accident Investigation Report
- 1 -
Employee’s Name: Incident Date:
INSTRUCTIONS TO THE SUPERVISOR – INVESTIGATION PROCEDURE Complete this report with full detail. Fax a completed copy to MPA at (925) 946-4183. Return the original completed report to your Human Resources Department within 72 Hours of the day you first became aware of the injury or illness. Conduct a walk through of the accident location as needed to gain an understanding of how the incident occurred.
Interview and get signed statements from the injured employee and witnesses at the scene, if appropriate. Use the attached EMPLOYEE/WITNESS ACCOUNT OF ACCIDENT form. Take photographs or make a sketch of the accident scene as needed, and attach to report. Ensure hazardous conditions are corrected immediately. Isolate and restrict access to accident-related equipment, areas, etc, as needed.
Develop appropriate corrective measures to prevent this incident from recurring, and list on this report.
SUPERVISOR TO COMPLETE:
1. Employee’s usual shift: to (use 24 hour format, i.e. 6:00pm = 18:00)
2. Time employee started work on day of injury:
3. Time of accident/injury:
4. Extended shift/overtime on day of injury? Yes No
5. ROOT CAUSE ANALYSIS: Which of the following may have caused or were underlying factors that resulted in the incident? (Check all that apply)
PEOPLE Factors
Employee Training / Instruction Operating without authority Correct tool not used Distraction, inattention Operating at unsafe speeds Improper Motivation Fatigue / Condition of Individuals Incorrect lifting, carrying Bypassing safety devices PPE not utilized Taking unsafe position / posture Combative Person / Actions of Others Staffing shortage Tool used improperly Other (list)
EQUIPMENT, MATERIALS or ENVIRONMENT
Lighting too much / too little Proper tool not available HVAC / ventilation maintenance Guard / safety device missing Tools / equipment malfunction Motor Vehicle maintenance Unstable load/ Storage/ Congestion Inadequate work space Walking surface unsafe PPE unavailable Chemical Used (attach MSDS) Other (list)
PROCESSES & PROCEDURES
No warning system S.O.P. not followed Inadequate Traffic Control No warning provided / posted S.O.P. contributed Operational tactics Spills, debris, housekeeping inadequate No procedure in place Other (list) 344
Accident Investigation Report
- 2 -
Fax a copy of the completed report to Municipal Pooling Authority 925-946-4183.
6. Do you agree with the Triage Description and Employee/Witness statements? Yes No If not, please describe your understanding of the events that resulted in injury or occupational illness, including tasks assigned.
7. Were other employees also injured? Yes No
If YES, list names:
Corrective Action
What action will be taken to prevent recurrences of this incident? (Check as many as necessary):
Request ergonomic evaluation Install, replace, adjust guards Provide/monitor protective equip Train Staff Modify, replace tools, equipment Repair (explain below) Improve emergency system Provide inspections, observations Revise equipment, layout Improve housekeeping Personal Safety Coaching Review at roll call / staff mtg.
Improve job orientation Develop, revise operating procedure No action taken/Other (explain below) Follow Up on Corrective Action
1. Specific Action taken:
a. Work or Purchase Order to correct condition? Yes – Order #: No b. Operating procedure change? Yes No
If YES, description:
2. Other Comments – explain:
3. PHOTOGRAPHS OR SKETCH ATTACHED? Yes No
4. Employee/Witness statement(s) attached? Yes No
5. No Action Taken – explain:
Supervisor’s Name:
Supervisor’s Signature: Date:
Management Review – I have reviewed this report and its findings.
Division / Department Head: Date:
345
Accident Investigation Report
- 3 -
Fax a copy of the completed report to Municipal Pooling Authority 925-946-4183.
EMPLOYEE/WITNESS ACCOUNT OF ACCIDENT
Note: PRINT this form, have completed and forward along with the Accident Investigation Report.
Use one form per person – CHECK below as noted:
Injured Employee Witness (City/Town Employee? Yes No
Name: _____________________________________ Department: _________________________
Today’s Date: Date/Time of Accident: /
Location of Accident: _________________________________________________________________________ Accident Description (explain in detail what you were doing immediately prior to the accident and then how you believe the accident happened):
Signature
Name(s) of Other Witness(s) to Accident:
1. __________________________________
2. __________________________________
3. __________________________________
ATTACH TO THE ACCIDENT INVESTIGATION REPORT
346
Workers’ Compensation Claim Form (DWC 1) & Notice of Potential Eligibility Formulario de Reclamo de Compensación de Trabajadores (DWC 1) y Notificación de Posible Elegibilidad Rev. 6/10
If you are injured or become ill, either physically or mentally, because of your job, including injuries resulting from a workplace crime, you may be entitled to workers’ compensation benefits. Attached is the form for filing a workers’ compensation claim with your employer. You should read all of the information below. Keep this sheet and all other papers for your records. You may be eligible for some or all of the benefits listed depending on the nature of your claim. If required you will be notified by the claims administrator, who is responsible for handling your claim, about your eligibility for benefits.
To file a claim, complete the “Employee” section of the form, keep one copy and give the rest to your employer. Your employer will then complete the “Employer” section, give you a dated copy, keep one copy and send one to the claims administrator. Benefits can’t start until the claims administrator knows of the injury, so complete the form as soon as possible.
Medical Care: Your claims administrator will pay all reasonable and necessary medical care for your work injury or illness. Medical benefits may include treatment by a doctor, hospital services, physical therapy, lab tests, x-rays, and medicines. Your claims administrator will pay the costs directly so you should never see a bill. There is a limit on some medical services.
The Primary Treating Physician (PTP) is the doctor with the overall responsibility for treatment of your injury or illness. Generally your employer selects the PTP you will see for the first 30 days, however, in specified conditions, you may be treated by your predesignated doctor or medical group. If a doctor says you still need treatment after 30 days, you may be able to switch to the doctor of your choice. Different rules apply if your employer is using a Health Care Organization (HCO) or a Medical Provider Network (MPN). A MPN is a selected network of health care providers to provide treatment to workers injured on the job. You should receive information from your employer if you are covered by an HCO or a MPN. Contact your employer for more information. If your employer has not put up a poster describing your rights to workers’ compensation, you may choose your own doctor immediately.
Within one working day after you file a claim form, your employer shall authorize the provision of all treatment, consistent with the applicable treating guidelines, for the alleged injury and shall continue to be liable for up to $10,000 in treatment until the claim is accepted or rejected.
Disclosure of Medical Records: After you make a claim for workers' compensation benefits, your medical records will not have the same level of privacy that you usually expect. If you don’t agree to voluntarily release medical records, a workers’ compensation judge may decide what records will be released. If you request privacy, the judge may "seal" (keep private) certain medical records.
Payment for Temporary Disability (Lost Wages): If you can't work while you are recovering from a job injury or illness, for most injuries you will receive temporary disability payments for a limited period of time.
These payments may change or stop when your doctor says you are able to return to work. These benefits are tax-free. Temporary disability payments are two-thirds of your average weekly pay, within minimums and maximums set by state law. Payments are not made for the first three days you are off the job unless you are hospitalized overnight or cannot work for more than 14 days.
Return to Work: To help you to return to work as soon as possible, you should actively communicate with your treating doctor, claims administrator, and employer about the kinds of work you can do while recovering. They may coordinate efforts to return you to modified duty or other work that is medically appropriate. This modified or other duty may Si Ud. se lesiona o se enferma, ya sea físicamente o mentalmente, debido a su trabajo, incluyendo lesiones que resulten de un crimen en el lugar de trabajo, es posible que Ud. tenga derecho a beneficios de compensación de trabajadores. Se adjunta el formulario para presentar un reclamo de compensación de trabajadores con su empleador. Ud. debe leer toda la información a continuación. Guarde esta hoja y todos los demás documentos para sus archivos. Es posible que usted reúna los requisitos para todos los beneficios, o parte de éstos, que se enumeran, dependiendo de la índole de su reclamo. Si se requiere, el administrador de reclamos, quien es responsable por el manejo de su reclamo, le notificará sobre su elegibilidad para beneficios.
Para presentar un reclamo, llene la sección del formulario designada para el “Empleado,” guarde una copia, y déle el resto a su empleador. Entonces, su empleador completará la sección designada para el “Empleador,” le dará a Ud. una copia fechada, guardará una copia, y enviará una al administrador de reclamos. Los beneficios no pueden comenzar hasta, que el administrador de reclamos se entere de la lesión, así que complete el formulario lo antes posible.
Atención Médica: Su administrador de reclamos pagará toda la atención médica razonable y necesaria, para su lesión o enfermedad relacionada con el trabajo. Es posible que los beneficios médicos incluyan el tratamiento por parte de un médico, los servicios de hospital, la terapia física, los análisis de laboratorio y las medicinas. Su administrador de reclamos pagará directamente los costos, de manera que usted nunca verá un cobro.
Hay un límite para ciertos servicios médicos.
El Médico Primario que le Atiende-Primary Treating Physician PTP es el médico con la responsabilidad total para tratar su lesión o enfermedad.
Generalmente, su empleador selecciona al PTP que Ud. verá durante los primeros 30 días. Sin embargo, en condiciones específicas, es posible que usted pueda ser tratado por su médico o grupo médico previamente designado. Si el doctor dice que usted aún necesita tratamiento después de 30 días, es posible que Ud. pueda cambiar al médico de su preferencia. Hay reglas differentes que se aplican cuando su empleador usa una Organización de Cuidado Médico (HCO) o una Red de Proveedores Médicos (MPN). Una MPN es una red de proveedores de asistencia médica seleccionados para dar tratamiento a los trabajadores lesionados en el trabajo. Usted debe recibir información de su empleador si su tratamiento es cubierto por una HCO o una MPN. Hable con su empleador para más información. Si su empleador no ha colocado un cartel describiendo sus derechos para la compensación de trabajadores, Ud. puede seleccionar a su propio médico inmediatamente.
Dentro de un día después de que Ud. Presente un formulario de reclamo, su empleador autorizará todo tratamiento médico de acuerdo con las pautas de tratamiento aplicables a la presunta lesión y será responsable por $10,000 en tratamiento hasta que el reclamo sea aceptado o rechazado.
Divulgación de Expedientes Médicos: Después de que Ud. presente un reclamo para beneficios de compensación de trabajadores, sus expedientes médicos no tendrán el mismo nivel de privacidad que usted normalmente espera. Si Ud. no está de acuerdo en divulgar voluntariamente los expedientes médicos, un juez de compensación de trabajadores posiblemente decida qué expedientes se revelarán. Si Ud. solicita privacidad, es posible que el juez “selle” (mantenga privados) ciertos expedientes médicos.
Pago por Incapacidad Temporal (Sueldos Perdidos): Si Ud. no puede trabajar, mientras se está recuperando de una lesión o enfermedad relacionada con el trabajo, Ud. recibirá pagos por incapacidad temporal para la mayoría de las lesions por un period limitado. Es posible que estos pagos cambien o paren, cuando su médico diga que Ud. está en condiciones de regresar a trabajar. Estos beneficios son libres de impuestos. Los pagos 347
Workers’ Compensation Claim Form (DWC 1) & Notice of Potential Eligibility Formulario de Reclamo de Compensación de Trabajadores (DWC 1) y Notificación de Posible Elegibilidad Rev. 6/10
be temporary or may be extended depending on the nature of your injury or illness.
Payment for Permanent Disability: If a doctor says your injury or illness results in a permanent disability, you may receive additional payments. The amount will depend on the type of injury, your age, occupation, and date of injury.
Supplemental Job Displacement Benefit (SJDB): If you were injured after 1/1/04 and you have a permanent disability that prevents you from returning to work within 60 days after your temporary disability ends, and your employer does not offer modified or alternative work, you may qualify for a nontransferable voucher payable to a school for retraining and/or skill enhancement. If you qualify, the claims administrator will pay the costs up to the maximum set by state law based on your percentage of permanent disability.
Death Benefits: If the injury or illness causes death, payments may be made to relatives or household members who were financially dependent on the deceased worker.
It is illegal for your employer to punish or fire you for having a job injury or illness, for filing a claim, or testifying in another person's workers' compensation case (Labor Code 132a). If proven, you may receive lost wages, job reinstatement, increased benefits, and costs and expenses up to limits set by the state.
You have the right to disagree with decisions affecting your claim. If you have a disagreement, contact your claims administrator first to see if you can resolve it. If you are not receiving benefits, you may be able to get State Disability Insurance (SDI) benefits. Call State Employment Development Department at (800) 480-3287.
You can obtain free information from an information and assistance officer of the State Division of Workers' Compensation (DWC), or you can hear recorded information and a list of local offices by calling (800) 736-7401. You may also go to the DWC website at www.dwc.ca.gov.
You can consult with an attorney. Most attorneys offer one free consultation. If you decide to hire an attorney, his or her fee will be taken out of some of your benefits. For names of workers' compensation attorneys, call the State Bar of California at (415) 538-2120 or go to their web site at www.californiaspecialist.org.
por incapacidad temporal son dos tercios de su pago semanal promedio, con cantidades mínimas y máximas establecidas por las leyes estatales.
Los pagos no se hacen durante los primeros tres días en que Ud. no trabaje, a menos que Ud. sea hospitalizado una noche o no pueda trabajar durante más de 14 días.
Regreso al Trabajo: Para ayudarle a regresar a trabajar lo antes posible, Ud. debe comunicarse de manera activa con el médico que le atienda, el administrador de reclamos y el empleador, con respecto a las clases de trabajo que Ud. puede hacer mientras se recupera. Es posible que ellos coordinen esfuerzos para regresarle a un trabajo modificado, o a otro trabajo, que sea apropiado desde el punto de vista médico. Este trabajo modificado u otro trabajo podría ser temporal o podría extenderse dependiendo de la índole de su lesión o enfermedad.
Pago por Incapacidad Permanente: Si el doctor dice que su lesión o enfermedad resulta en una incapacidad permanente, es posible que Ud. reciba pagos adicionales. La cantidad dependerá de la clase de lesión, su edad, su ocupación y la fecha de la lesión.
Beneficio Suplementario por Desplazamiento de Trabajo: Si Ud. Se lesionó después del 1/1/04 y tiene una incapacidad permanente que le impide regresar al trabajo dentro de 60 días después de que los pagos por incapacidad temporal terminen, y su empleador no ofrece un trabajo modificado o alternativo, es posible que usted reúna los requisitos para recibir un vale no-transferible pagadero a una escuela para recibir un nuevo entrenamiento y/o mejorar su habilidad. Si Ud. reúne los requisitios, el administrador de reclamos pagará los gastos hasta un máximo establecido por las leyes estatales basado en su porcentaje de incapacidad permanente.
Beneficios por Muerte: Si la lesión o enfermedad causa la muerte, es posible que los pagos se hagan a los parientes o a las personas que viven en el hogar y que dependían económicamente del trabajador difunto.
Es ilegal que su empleador le castigue o despida, por sufrir una lesión o enfermedad en el trabajo, por presentar un reclamo o por testificar en el caso de compensación de trabajadores de otra persona. (El Codigo Laboral sección 132a.) De ser probado, usted puede recibir pagos por pérdida de sueldos, reposición del trabajo, aumento de beneficios y gastos hasta los límites establecidos por el estado.
Ud. tiene derecho a no estar de acuerdo con las decisiones que afecten su reclamo. Si Ud. tiene un desacuerdo, primero comuníquese con su administrador de reclamos para ver si usted puede resolverlo. Si usted no está recibiendo beneficios, es posible que Ud. pueda obtener beneficios del Seguro Estatal de Incapacidad (SDI). Llame al Departamento Estatal del Desarrollo del Empleo (EDD) al (800) 480-3287.
Ud. puede obtener información gratis, de un oficial de información y asistencia, de la División Estatal de Compensación de Trabajadores (Division of Workers’ Compensation – DWC) o puede escuchar información grabada, así como una lista de oficinas locales llamando al (800) 736-7401. Ud. también puede consultar con la pagína Web de la DWC en www.dwc.ca.gov.
Ud. puede consultar con un abogado. La mayoría de los abogados ofrecen una consulta gratis. Si Ud. decide contratar a un abogado, los honorarios serán tomados de algunos de sus beneficios. Para obtener nombres de abogados de compensación de trabajadores, llame a la Asociación Estatal de Abogados de California (State Bar) al (415) 538- 2120, ó consulte con la pagína Web en www.californiaspecialist.org. 348
State of California
Department of Industrial Relations
DIVISION OF WORKERS’ COMPENSATION
WORKERS’ COMPENSATION CLAIM FORM (DWC 1)
Employee: Complete the “Employee” section and give the form to your employer. Keep a copy and mark it “Employee’s Temporary Receipt” until you receive the signed and dated copy from your em - ployer. You may call the Division of Workers’ Compensation and hear recorded information at (800) 736-7401. An explanation of workers' compensation benefits is included as the cover sheet of this form.
You should also have received a pamphlet from your employer describing workers’ compensation benefits and the procedures to obtain them.
Any person who makes or causes to be made any knowingly false or fraudulent material statement or material representation for the purpose of obtaining or denying workers’ compensation benefits or payments is guilty of a felony.
Estado de California
Departamento de Relaciones Industriales
DIVISION DE COMPENSACIÓN AL TRABAJADOR
PETITION DEL EMPLEADO PARA DE COMPENSACIÓN DEL
TRABAJADOR (DWC 1)
Empleado: Complete la sección “Empleado” y entregue la forma a su empleador. Quédese con la copia designada “Recibo Temporal del Empleado” hasta que Ud. reciba la copia firmada y fechada de su empleador.
Ud. puede llamar a la Division de Compensación al Trabajador al (800) 736- 7401 para oir información gravada. En la hoja cubierta de esta forma esta la explicatión de los beneficios de compensación al trabajador.
Ud. también debería haber recibido de su empleador un folleto describiendo los benficios de compensación al trabajador lesionado y los procedimientos para obtenerlos.
Toda aquella persona que a propósito haga o cause que se produzca cualquier declaración o representación material falsa o fraudulenta con el fin de obtener o negar beneficios o pagos de compensación a trabajadores lesionados es culpable de un crimen mayor “felonia”.
Employee—complete this section and see note above Empleado—complete esta sección y note la notación arriba.
1. Name. Nombre. _____________________________________________Today’s Date. Fecha de Hoy. ___________________________________
2. Home Address. Dirección Residencial. _______________________________________________________________________________________
3. City. Ciudad. _______________________________________ State. Estado. __________________ Zip. Código Postal. ___________________
4. Date of Injury. Fecha de la lesión (accidente). ________________________ Time of Injury. Hora en que ocurrió. _________a.m. ________p.m.
5. Address and description of where injury happened. Dirección/lugar dónde occurió el accidente. _________________________________________ _______________________________________________________________________________________________________________________
6. Describe injury and part of body affected. Describa la lesión y parte del cuerpo afectada. _______________________________________________ _______________________________________________________________________________________________________________________
7. Social Security Number. Número de Seguro Social del Empleado. _______________________________________________________________
8. Signature of employee. Firma del empleado. _________________________________________________________________________________ Employer—complete this section and see note below. Empleador—complete esta sección y note la notación abajo.
9. Name of employer. Nombre del empleador. ___________________________________________________________________________________
10. Address. Dirección. _____________________________________________________________________________________________________
11. Date employer first knew of injury. Fecha en que el empleador supo por primera vez de la lesión o accidente. _____________________________
12. Date claim form was provided to employee. Fecha en que se le entregó al empleado la petición. _________________________________________
13. Date employer received claim form. Fecha en que el empleado devolvió la petición al empleador. _______________________________________
14. Name and address of insurance carrier or adjusting agency. Nombre y dirección de la compañía de seguros o agencia adminstradora de seguros. _______________________________________________________________________________________________________________________
15. Insurance Policy Number. El número de la póliza de Seguro. _____________________________________________________________________
16. Signature of employer representative. Firma del representante del empleador. _______________________________________________________
17. Title. Título. _____________________________________ 18. Telephone. Teléfono. _______________________________________________ Employer: You are required to date this form and provide copies to your insurer or claims administrator and to the employee, dependent or representative who filed the claim within one working day of receipt of the form from the employee.
SIGNING THIS FORM IS NOT AN ADMISSION OF LIABILITY
Empleador: Se requiere que Ud. feche esta forma y que provéa copias a su compañía de seguros, administrador de reclamos, o dependiente/representante de reclamos y al empleado que hayan presentado esta petición dentro del plazo de un día hábil desde el momento de haber sido recibida la forma del empleado.
EL FIRMAR ESTA FORMA NO SIGNIFICA ADMISION DE RESPONSABILIDAD ❑ Employer copy/Copia del Empleador ❑ Employee copy/ Copia del Empleado ❑ Claims Administrator/Administrador de Reclamos ❑ Temporary Receipt/Recibo del Empleado Rev.
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State of California Please complete in triplicate (type if possible) Mail two copies to:
EMPLOYER'S REPORT OF
OCCUPATIONAL INJURY OR ILLNESS
Any person who makes or causes to be made any
knowingly false or fraudulent material statement or
material representation for the purpose of obtaining or denying workers compensation benefits or payments is
guilty of a felony.
California law requires employers to report within five days of knowledge every occupational injury or illness which results in lost time beyond the date of the incident OR requires medical treatment beyond first aid. If an employee subsequently dies as a result of a previously reported injury or illness, the employer must file within five days of knowledge an amended report indicating death. In addition, every serious injury, illness, or death must be reported immediately by telephone or telegraph to the nearest office of the California Division of Occupational Safety and Health.
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6. TYPE OF EMPLOYER: Private State County City School District Other Gov't, Specify:
17. DATE OF EMPLOYER'S KNOWLEDGE /NOTICE OF
INJURY/ILLNESS (mm/dd/yy)
15. PAID FULL DAYS WAGES FOR DATE OF 16. SALARY BEING CONTINUED? 18. DATE EMPLOYEE WAS PROVIDED CLAIM FORM SEX NJURY OR LAST FORM (mm/dd/yy) Yes No DAY WORKED? Yes No
19. SPECIFIC INJURY/ILLNESS AND PART OF BODY AFFECTED, MEDICAL DIAGNOSIS if available, e.g.. Second degree burns on right arm, tendonitis on left elbow, lead poisoning AGE I
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20a. COUNTY 21. ON EMPLOYER'S PREMISES? 20. LOCATION WHERE EVENT OR EXPOSURE OCCURRED (Number, Street, City, Zip) Yes No
22. DEPARTMENT WHERE EVENT OR EXPOSURE OCCURRED, e.g.. Shipping department, machine shop. 23. Other Workers injured or ill in this event? Yes No
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ATTENTION This form contains information relating to employee health and must be used in a manner that protects the confidentiality of employees to the extent possible while the information is being used for occupational safety and health purposes. See CCR Title 8 14300.29 (b)(6)-(10) & 14300.35(b)(2)(E)2.
Note: Shaded boxes indicate confidential employee information as listed in CCR Title 8 14300.35(b)(2)(E)2*.
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35. OCCUPATION (Regular job title, NO initials, abbreviations or numbers) 37b. UNDER WHAT CLASS CODE OF YOUR
POLICY WHERE WAGES ASSIGNED 37. EMPLOYEE USUALLY WORKS 37a. EMPLOYMENT STATUS regular, full-time part-time
EXTENT OF INJURY
hours per day, days per week, total weekly hours
temporary seasonal
39. OTHER PAYMENTS NOT REPORTED AS WAGESISALARY (e.g. tips, meals, overtime, bonuses, etc.)? 38. GROSS WAGES/SALARY $ per Yes No
Completed By (type or print) Signature & Title Date (mm/dd/yy) • Confidential information may be disclosed only to the employee, former employee, or their personal representative (CCR Title 8 14300.35), to others for the purpose of processing a workers' compensation or other insurance claim; and under certain circumstances to a public health or law enforcement agency or to a consultant hired by the employer (CCR Title 8 14300.30). CCR Title 8 14300.40 requires provision upon request to certain state and . federal workplace safety agencies.
FORM 5020 (Rev7) June 2002 FILING OF THIS FORM IS NOT AN ADMISSION OF LIABILITY OSHA CASE NO.
FATALITY
1. FIRM NAME Ia. Policy Number
2. MAILING ADDRESS: (Number, Street, City, Zip) 2a. Phone Number
3. LOCATION if different from Mailing Address (Number, Street, City and Zip) 3a. Location Code
4. NATURE OF BUSINESS; e.g.. Painting contractor, wholesale grocer, sawmill, hotel, etc. 5. State unemployment insurance acct.no Please do not use
this column
CASE NUMBER
OWNERSHIP
INDUSTRY
OCCUPATION
7. DATE OF INJURY / ONSET OF ILLNESS
(mm/dd/yy)
8. TIME INJURY/ILLNESS OCCURRED
AM PM
9. TIME EMPLOYEE BEGAN WORK
AM PM
10. IF EMPLOYEE DIED, DATE OF DEATH (mm/dd/yy)
1 1. UNABLE TO WORK FOR AT LEAST ONE
FULL DAY AFTER DATE OF INJURY?
Yes No
12. DATE LAST WORKED (mm/dd/yy) 13. DATE RETURNED TO WORK (mm/dd/yy) 14. IF STILL OFF WORK, CHECK THIS BOX:
DAILY HOURS
DAYS PER WEEK
WEEKLY HOURS
WEEKLY WAGE
COUNTY
NATURE OF INJURY
24. EQUIPMENT, MATERIALS AND CHEMICALS THE EMPLOYEE WAS USING WHEN EVENT OR EXPOSURE OCCURRED, e.g.. Acetylene, welding torch, farm tractor, scaffold
25. SPECIFIC ACTIVITY THE EMPLOYEE WAS PERFORMING WHEN EVENT OR EXPOSURE OCCURRED, e.g.. Welding seams of metal forms, loading boxes onto truck.
26. HOW INJURY/ILLNESS OCCURRED. DESCRIBE SEQUENCE OF EVENTS. SPECIFY OBJECT OR EXPOSURE WHICH DIRECTLY PRODUCED THE INJURYIILLNESS, e.g.. Worker stepped back to inspect work and slipped on scrap material. As he fell, he brushed against fresh weld, and burned right hand. USE SEPARATE SHEET IF NECESSARY SOURCE
EVENT
SECONDARY SOURCE
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Appendix E. City-Owned Electronic Media Acceptable
Use Policy
Computers, software, computer files, electronic handheld devices, telephone systems, Internet services and other technological resources furnished to employees by the City is intended for use by employees in connection with the performance of their job duties. All of the foregoing is the exclusive property of the City. The City has an interest in ensuring that City Technology is used in an appropriate, responsible, and productive manner. As a result, employees should not have the expectation of privacy in connection with their access or use of City Technology. To ensure compliance with this policy the City may monitor employee use of City Technology, including City owned computers used at an employee’s home. Additionally, the City may monitor an employee’s personal computers used during work hours or connected to the City’s network on an ongoing or intermittent basis.
The following guidelines have been established to help ensure appropriate, responsible and productive use of City Technology, as well as employee owned computers or other electronic devices used during work hours or on City property (collectively “Electronic Media”):
The use of Electronic Media must conform to the policies, rules and regulations already established by the City’s employment handbook and related City policies Electronic Media shall not be used to compose, transmit, access, or receive content that could be considered discriminatory, offensive, obscene, threatening, harassing, intimidating, or disruptive to any employee or other person. 351
Unacceptable content includes, but is not limited to sexual comments or, or any other comments or images that could reasonably offend someone on the basis or race, age, sex, religion, national origin, disability, sexual orientation, or any other characteristic protected by law.
The use of Electronic Media to engage in gambling is strictly prohibited. Employees shall not use Electronic Media to engage in unauthorized solicitation, including but not limited to, the solicitation of personal business ventures. Electronic Media shall not be used in violation of copyright and trademark laws, including but not limited to, the unauthorized copying, pirating, or downloading of software or files.
Confidential employee information shall be transmitted via Electronic Media without appropriate consent.
These guidelines are neither exclusive nor exhaustive. Other use of Electronic Media that threatens or impedes security, personal safety, employee welfare, the City’s process or the City’s operations is also prohibited.
Employees who observe or have knowledge of another’s violation of this policy are responsible for reporting such facts to their immediate supervisor.
OFF DUTY USE OF NON-CITY OWNED TECHNOLOGY POLICY
While the City respects employee rights of free expression, employees are urged to use good judgment when accessing and using blogs, online journals, social networking sites or other forms of Internet communications through non-city owned technology while off-duty. The Internet is a public place and your Internet activity may be seen by coworkers and the public. As such, all employees should be cognizant of how their 352
use of the Internet may effect their professional reputation and, in turn your commitment to public service. Thus, the City encourages employees who maintain profiles on social networking websites (e.g., Facebook, Twitter, Linkedin, etc.) or other such Internet publications to take all steps necessary to restrict access to your profiles.
In all circumstances, employees are not permitted to engage in illegal activity, on or off duty, which adversely affects the City.
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Appendix F. Request for Outside Employment
Employee Name:
Title:
Department:
Proposed Outside Employment:
Name of Company or Business:
Address:
Telephone Number(s):
Website Address:
Nature of Business:
Proposed Work Days:
Proposed Work Hours:
Responsibilities:
Workers Compensation and Liability
Insurance Carrier(s):
Policy Number(s):
I understand and agree that the proposed outside employment does not and will not:
Interfere with the efficient performance of my duties with the City and will not occur during regular or assigned work hours, unless I receive pre-approved annual or compensatory leave to cover the absence.
Be with any business, organization or agency that is subject to the regulation of, or is doing business with the City, except as may be expressly permitted by State law.
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Require me to disclose or use information gained by my City position unless the information is available to the general public.
Be with another government entity unless approved by the City Manager. Involve the performance of any work which should be performed as of my regular duties with the City or be for personal gain while on duty with the City. Be obtained through personal solicitation during my work hours with the City. Use the City name, logo or trademark or any portion thereof, in order to solicit customers.
Reflect unfavorably to the City.
Cause a conflict of interest under City Code or Policy and any State law I will notify the City of changes in my outside employment or when my outside employment has discontinued. The City shall have the right to rescind the approval of this request for outside employment, at any time, upon written notice. If I violate any of the above provisions, including the City of Oakley’s Personnel Manual regarding outside employment, I will be subject to disciplinary action, up to and including termination of employment.
I DECLARE THAT THE ABOVE STATED INFORMATION IS TRUE AND CORRECT.
Signed: Date:
Department Director Review: Approved Disapproved
Signed: Date:
City Manager Review: Approved Disapproved
Signed: Date:
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Appendix G. Investigation Guidelines for Sexual
Harassment and Discrimination
Complaints
Investigation Procedure: Any investigation of sexual harassment or discrimination allegations shall be conducted in accordance with the City of Oakley’s Sexual Harassment/ Discrimination Prevention Policy.
Treat All Complaints Seriously/Act Promptly: Even if a complaining employee insists that he/she wants nothing done about the complaint, the City has an obligation to promptly and thoroughly investigate any allegation of sexual harassment or discrimination. All necessary steps must be taken to ensure that if the conduct has occurred, it does not continue. For example: Separate the employees by changing shifts or assignments; order the accused to have no contact with the complaining party; and/or depending on the seriousness of the allegations, place the accused employee on paid administrative leave pending the outcome of the investigation.
Informal Process: In certain specific circumstances an Informal Process may be used to resolve the complaint, but only if it has been determined (in accordance with the City’s Sexual Harassment/Discrimination Prevention Policy) that such a process will most likely eliminate the problem so that the conduct never occurs again. In such cases the Informal Process Guidelines should be used in conjunction with these Guidelines.
Neutral Investigator: All investigations need to be objective, fair and thorough. It is important that the individual chosen to do the investigation is unbiased when conducting the investigation.
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Conduct of Investigator: All complaints of sexual harassment and discrimination will be treated seriously and promptly investigated. The investigator will assure the employee that the complaint is being taken very seriously.
Confidentiality Of Investigation: The complaining party should be told that the investigation will be handled as confidentially as possible. The complaining employee and all other individuals who are subsequently interviewed, including the accused employee, must be advised that they are not to discuss the matter with anyone else and that failure to maintain the confidentiality of the investigation may lead to disciplinary action. The complaining employee should also be advised that the accused party will be confronted and given an opportunity to respond, but will be warned that any acts of retaliation are strictly prohibited and may subject him/her to disciplinary action up to and including termination. The complaining employee should be instructed to immediately inform the investigator, his/her supervisor, or the Personnel Officer if any further acts of sexual harassment or discrimination continue.
Offer Employee Assistance: All persons who claim to be the subject of sexual harassment should be offered employee assistance counseling, regardless of whether the employee appears in need of counseling and regardless of any initial opinion(s) regarding the veracity of the allegations complained of by the employee.
Detailed Interview With Complainant: The first step in any investigation is an interview with the complaining employee. The complaining employee should be asked specific questions in order to obtain detailed information about the allegations. The employee should be asked to explain any vague or ambiguous statements. Very specific facts should be elicited and documented in writing by the investigator. The interview(s) should be documented in detail and/or tape-recorded. 357
Interview the Accused Employee: The investigator should interview the accused employee, all witnesses or names of individuals the accused person provides to disprove the allegation, and investigate and gather any additional evidence that the accused employee either raises or that comes to light as a result of the interview. All interviews should be documented in detail and/or tape-recorded.
Analysis of Investigation: In analyzing the evidence from the investigation, the investigator should keep in mind that the objective is to determine whether there has been a policy violation
When the Employee Denies the Allegations of Misconduct/Evidence of Misconduct is Inconclusive: If the accused employee denies the allegations of misconduct and there is no evidence to substantiate the complaint one way or the other, The City of Oakley should do the following:
Advise the accused employee that if the alleged conduct had occurred, it would be a violation of City policy and would subject him/her to serious discipline, up to and including termination.
Advise the accused employee that any retaliation against the complaining party is strictly prohibited and may result in disciplinary action, up to and including, termination.
Even if the charges cannot be sustained, the Department should take whatever action it can to reduce the chance of the alleged misconduct from occurring again (for example, changing shifts, assignments, supervisors, etc.) Advise the complaining party that the Department was unable to conclusively determine that the allegations occurred, however, the Personnel Officer will keep a copy of the complaint and the disposition and management will be alert to the problem. The 358
complaining party should be told of any corrective action The City of Oakley will take to reduce the chance of the incident happening again. The employee should be told to immediately report any further incidents of sexual harassment or retaliation.
Advise both the complaining employee and the accused employee that the entire matter/investigation should be kept confidential and should not be discussed with other employees.
If Evidence of Harassment/Discrimination Is Found: If the accused employee admits to the misconduct, and/or if other evidence in the investigation reveals that the Sexual Harassment/ Discrimination Policy was violated, the City y should do the following:
If the accused employee admits to the misconduct, advise him or her that the conduct must stop immediately and take whatever corrective action is needed to ensure that it is discontinued.
Implement appropriate disciplinary action, taking into consideration that The City of Oakley’s policy indicates that all forms of sexual harassment and prohibited discrimination are considered serious misconduct.
Inform the complaining employee of the results of the investigation and any corrective action. The employee should be informed that all steps are being taken to prevent any further incidences from occurring. However, any disciplinary action taken against the accused employee is confidential and cannot be revealed.
The complaining employee should be instructed to report any further incidences of sexual harassment, discrimination or retaliation immediately.
If the accused employee is not terminated, he/she needs to be informed that any further incidents or acts of retaliation will be grounds for termination 359
Documentation Of Sexual Harassment: Since personnel files can be purged, the Personnel Officer shall keep a separate file on all sexual harassment and discrimination complaints that are filed or raised by or against any individual. Such complaints would be available for purposes of corroboration or to find potential patterns of misconduct that would tend to verify the veracity of any future complaints. 360
Appendix H. Family Medical Leave Act/California
Family Rights Act Forms
To be completed by employee requesting leave:
Employee Name Application Date
Reason for leave:
Birth/adoption of child Medical – immediate
family Medical – self
Expected date that leave begins:
Probable duration of leave:
Expected date that leave ends:
Leave Will Be Intermittent: Leave Will Be Continuous:
If requesting intermittent leave, please explain:
During my leave, I can be reached at:
Address
City State Zip
Phone Number
I understand that any remaining sick and/or vacation leave will be used during the leave and that accrual of these leaves will stop during any unpaid portion of my absence.
I also understand that I am required to provide timely medical certification for my leave, and notify the City of Oakley and provide additional medical certification should it be necessary to extend the leave.
Please refer to the Family Leave Policy in the City of Oakley’s Personnel Manual for more information.
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Signed: Date:
Human Resource Division Review:
Signed: Date:
Department Director Review:
Signed: Date:
City Manager Review:
Signed: Date:
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Appendix I. Drug Free Workplace Policy
1. Purpose: The purpose of this policy is to furnish disciplinary and rehabilitative guidelines for handling first-time violators of the illegal drug prohibitions set forth in Section 2 of this policy.
2. Coverage: This policy covers only regular employees who are first-time violators of any one of the following prohibitions:
a. Use, possession, offer for sale, or being under the influence of illegal drugs during working hours, including lunch and break periods. b. Use, possession, offer for sale, or being under the influence of illegal drugs on City of Oakley property at any time.
For purposes of this policy, engaging in any of the activities above shall be considered as a violation of the City policy.
3. Alternatives to Discharge: The guidelines in the policy are alternatives to immediate discharge. The refusal of an employee covered by this policy to comply with the specified guidelines shall result in the immediate discharge of that employee.
4. Rehabilitation: An employee covered by this policy shall enroll in and complete an approved rehabilitation treatment program as determined by an outside treatment professional approved by the City. The employee shall bear the costs of the rehabilitation program and shall be entitled to utilize whatever available vacation, sick, and/or medical leave benefits necessary for program participation.
An employee's refusal to enroll in and complete such rehabilitation program shall be grounds for discharge.
5. After-care: An employee covered by this policy shall enroll in and complete an approved after-care program as determined by an outside treatment professional approved by the City. The recommended after-care program must also be approved by the City. The employee shall bear the cost of the after-care program and shall be entitled to utilize whatever available vacation, sick, and/or medical 363
leave benefits are necessary for program participation. An employee's failure to complete the after-care program shall be grounds for discharge.
6. Exemption from Rehabilitation and After-care: At the discretion of the City, based upon the recommendation of an outside treatment professional, an employee covered by this policy may be exempt from the rehabilitation and after-care provisions of this policy. Such employee, however, may be required to enroll in a substance abuse education or similar program approved by the City.
7. Outside Treatment Professionals: The outside treatment professional referred to in Sections 4, 5, and 6 above shall be selected from an established list of treatment professionals maintained by the City.
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Appendix H. City of Oakley Email Retention Policy
This policy governs retention of e-mail, or electronic communication, that is created, sent, received, forwarded, edited, stored, or otherwise used by means of City electronic information resources of any kind, including, but not limited to, computers, computer networks, software, telephones, voicemail, personal data assistants, and any other electronic data systems or equipment (“City E-mail”). This policy applies to City E-mail of City officials, officers, employees, volunteers and contractors. City E-mail may consist of correspondence and other documentation which may constitute City records subject to the requirements of the California Public Records Act (“CPRA”), the City’s Records Retention Schedule and the laws and regulations governing it, and other laws and regulations that apply to public agency information.
City E-mail and City E-mail systems are intended to be a medium of communication. City E-mail and City E-mail systems are not intended to be and may not be used for the electronic storage or maintenance of permanent City records.
Persons subject to this policy are responsible for determining whether City E-mails created, received, or used by them should be retained as permanent City records.
Typically, City E-mails that contain substantive information concerning City policies, decision-making, proceedings, projects, or contractors, or that may later be important or useful for carrying out City business should be retained as permanent City records in accordance with this policy. Such records must be retained in accordance with this policy and the City’s Records Retention Schedule.
Persons subject to this policy are responsible for determining whether City E-mails that should be retained as permanent City records should be stored in hard copy or electronic form. Permanent City electronic records are subject to disclosure in electronic form in accordance with the CPRA. Typically, only City E-mails intended for later editing, incorporation in other documents or electronic transmission should be stored electronically. Such City E-Mails must be transferred to the permanent e-mail archive which will be downloaded to the Record’s Management System and then deleted from the responsible party’s e-mail. All other City E-mails that should be retained as permanent City records should be printed and filed in the appropriate City file and deleted. The City Clerk and City Attorney are available to assist persons subject to this policy in determining 365
which City E-mails should be retained as permanent City records and how, and to address other questions concerning the application of this policy.
Persons subject to this policy should generally determine whether City E-mails created, received or used by them should be retained as permanent City records within ten working days of creation, receipt or use of the City E-mail. Because City E-mails and e-mail systems may not be used for permanent storage of City records, City E-mails are generally deemed pursuant to this policy to constitute preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the City in the ordinary course of business. However, such e-mails are subject to disclosure to the public, prior to destruction because the public interest in withholding the e-mail does not clearly outweigh the public interest in disclosure, unless the e-mail is protected by at least one of the exemptions contained in the Public Records Act.
When the City receives a request for disclosure of City records that applies to City E-mail, the person responsible for the covered records must, using his/her best efforts and by any lawful means available, preserve any City E-mail covered by the request until it is determined whether the City E-mail is subject to retention and/or disclosure. The City Clerk and/or City Attorney must be contacted concerning any request for disclosure of City records that applies to City E-mail in the possession of persons subject to this policy.
Persons subject to this policy are responsible for managing City E-mail and City E-mail systems used by them in accordance with this policy. Persons subject to this policy should regularly review their mailboxes or folders that contain City E-mails and delete City Emails that are not required to be kept by law or this policy, or that are unnecessary or inconvenient for the discharge of official City duties or the conduct of City business, or that are otherwise no longer needed in accordance with this policy.
Persons subject to this policy should bear in mind the following design features of the City electronic information systems that relate to City E-mails:
1. The systems administrator performs an electronic back up of the City E-mail system each evening. The back up is a “snap shot” of the data contained in the City E-mail server at the end of each business day. The back up is not a copy of all City E-mail activity that occurred on the City E-mail server that day.
2. The systems administrator maintains back ups for no longer than two weeks before they are overwritten. Back ups are not permanent City records. The sole purpose 366
of back ups is to provide a means of complete server recovery in case of a system failure.
3. The systems administrator has established a City E-mail management system that automatically removes City E-mails that are more than thirty days old and that are contained in Deleted Items or Sent Items folders.
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STAFF REPORT
Approved and Forwarded to the City Council
DATE: February 22, 2022
TO: Joshua McMurray, City Manager
FROM: Tim Przybyla, Finance Director
SUBJECT: Resolution Approving City of Oakley Fiscal Year 2021/2022 MidYear Budget Review and Adopting its Recommendations for Revising the Fiscal Year 2020/2021 Operating and Capital Budgets and Increasing the General Fund Reserve Policy from 20% to 30% Background and Analysis
City Policy requires the City Manager to make a mid-year budget report to the City Council in February of each year. The process provides an opportunity to review the status of the Budget at mid-year and to make adjustments to the City’s planned operations and budget. This year’s report is attached and includes a State of the Budget summary and summary of recommendations, detailed assessments of both operating and capital budgets, and a schedule showing the recommended mid-year budget adjustments for each fund.
Fiscal Impact
For a detailed listing of all staff recommended changes and fiscal impacts to the budget, refer to the Mid-Year Budget Review and other attachments to this report.
Staff Recommendation
Staff recommends the City Council adopt the resolution, approving the City of Oakley Fiscal Year 2021/2022 Mid-Year Budget Review and adopting its recommendations for revising the Fiscal Year 2020/2021 Operating and Capital Budgets and increasing the General Fund Reserve Policy from 20% to 30%.
Attachments
1. Mid-Year Budget Review
2. Fund Summaries (All Funds)
3. Resolution
4. Budget Transfer Form
5. General Fund Reserve Policy
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Mid-Year Budget Review
Fiscal Year 2021/2022
Contents:
State of the Budget
No Proposed Appropriations of Fund Balance
Discussion of Capital Budgets
Summary of Recommendations
Looking Forward
Staff Recommended Budget and Reserve Policy
Adjustments
Presented to the City Council on February 22, 2022
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State of the Budget
The Mid-Year Budget Review begins with the good news that at the six-month mark (December 31, 2021) General Fund revenues are above 50% and expenditures are below 50% of the annual budget. Property Tax revenues reflect the increase in property values that the market has been experiencing, and new housing development continues to be strong. Combined, these two occurrences are having a huge impact on our major General Fund revenue sources. The number of single-family dwelling (SFD) building permits being issued this fiscal year (FY 21-22) continues at a steady pace. Although not on pace for another 640 SFD permits like in FY 20-21, this current FY has already seen 177 SFD building permits issued through January 2022 with potential for another 200+ to be issued by the end of June 2022. In addition, two multi-family apartment projects are on the horizon. One is nearing completion (Twin Oaks Senior Mixed-Use Residence) where 129 senior apartments will be age- and income- restricted for residents of 62 years and older. The other is just starting construction (February 2022) on Elm Lane, where a total of 170 units will be constructed, 16 of which will be deed restricted and made affordable to low-income families. The local economy has continued to be relatively stable with employment and business activity showing some signs of growth over the recent challenging years. The Contra Costa Logistics Center continues to develop with the most recent tenants of the first three buildings consisting of Amazon, Pac Pride Distribution, Inc., and Paramount Global, Inc. Pet Food Express is also expected to occupy a portion of Building #2 at 4100 Wilbur Avenue. The development as a whole is expected to bring jobs and increased revenues to the City, as well as spark development and investment on nearby properties along Main Street and Bridgehead Road.
The COVID-19 Pandemic did lead to very conservative estimates for Sales Tax revenues with the original Budget. Sales Tax revenues continue to rebound in most major sales tax groups. Slight reductions in food-drugs and buildingconstruction revenues are offset by growth in all other sectors, especially service stations and restaurants. While countywide pool revenues from online sales were reduced due to a statewide shift in distributions from a large retailer, overall growth in online sales (of which the City receives a share) have more than outpaced those reductions.
This report contains proposals to: increase recurring and one-time revenue estimates, increase a number of expenditure budgets, increase some appropriations within capital projects, adjust the ARPA Fund budget according 416
to direction given recently by the City Council, and increase the General Fund Reserve by 50% (from a 20% Reserve to a 30% Reserve). The City’s practice of budgeting conservatively and living within our means remains effective at ensuring that we maintain good fiscal health, and the recommended changes in this Mid-Year Budget Review remain true to these practices. However, staff is now suggesting that the City recognize that, in spite of being in the midst of a pandemic, we are in a position with more money at our discretion than ever before, we are currently riding a wave of housing growth, we are past-due for an economic downturn, and the decisions that we make at this time and during our preparation of the Fiscal Year 2022/2023 Budget will have a significant impact on the future of the City of Oakley. It is important for us to maintain expectations, use one-time revenues (such as the $10.17 million of ARPA funds) and surplus Fund Balance for one-time projects, and set aside higher reserves to help soften the blow when we do face a downturn in the housing market and the economy.
The General Fund
In accordance with the City’s Financial Policies, the original current year budget was conservative when adopted. This was particularly true as we were facing the many uncertainties created by the COVID-19 Pandemic. The Policies also call for one-time, non-operating expenditures to be funded from one-time revenues or the Undesignated Fund Balance. The current year budget was adopted with approximately $5,714,000 appropriated for transfers out of the General Fund, with $3,050,000 considered one-time (compared to $600,000 in the prior fiscal year) and $2,660,000 considered recurring uses. These transfers were budgeted for in recognition that higher than anticipated balances in the Undesignated Fund Balance were available to be expended on one-time uses and they included $4 million for street maintenance and rehabilitation. The City has been very busy making major street improvements during the current fiscal year, and we anticipate even more street improvements in Fiscal Year 2022/2023.
The General Fund Summary of Mid-Year Budget Adjustments (on page 5 of this report) includes increasing revenue projections for Property Tax (by $400,000), Property Tax in Lieu of VLF (by $170,000), Property Transfer Tax (by $200,000), Sales Tax (by $800,000), Franchise Taxes (by $316,000), Interfund Charges (by $404,040), and Other Revenue (by $177,698, including $119,698 from the Sale of Property, which is non-recurring). The recommended increase of $404,040 to Interfund Charges is net of a $241,000 decrease to Interfund Charges – Engineering and includes a $645,040 increase to Interfund Charges – Police. The impact of the proposed revenue adjustments is an overall net increase in estimated General Fund revenue of $2,467,738.
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Staff has also identified the need for increased appropriations to complete certain projects and finish the fiscal year without exceeding authorized expenditures.
Included in the proposed Mid-Year Review expenditure budget amendments are increases of: $50,000 in Repairs and Maintenance for City Hall and the Public Works Operations Building (PWOB), $150,000 in Contracted Services for Building Maintenance custodial services, $50,000 in Salaries for two new officers to be added to the Police Department toward the end of this fiscal year, $333,000 to Public Works Maintenance for a backhoe, a compact track loader and other equipment to help improve operations, $9,600 for the purchase and installation of City Council Chamber safety divider panels, $46,000 in Operating Transfers Out to Fund 201 for roof repairs to the Skipolini’s and Mr. Pickles’ roofs ($23,000 each), $150,000 in Operating Transfers Out to Fund 201 for EV Charging Units for the Downtown Parking Lot Project, and $350,000 in Operating Transfers Out to Fund 201 for capital improvements related to an exchange of property related to the Downtown Parking Lot Project.
The total recommended increase in General Fund expenditures is $1,138,600 which is approximately 4.1% of the General Fund operating budget.
The summary of the Mid-Year Review, on the following page, summarizes the estimated General Fund revenue and expenditures for Fiscal Year 2021/2022 along with the proposed adjustments and comparative information to three prior fiscal years.
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Category Actuals Actuals Actuals Budget Mid-Year Actuals Estimated
Year End
Mid-Year
Budget
Adjustment
FY 2018/2019 FY 2019/2020 FY 2020/2021 FY 2021/2022 FY 2021/2022 FY 2021/2022 FY 2021/2022 Revenue
Property Tax $ 6,914,809 $ 7,459,885 $ 8,049,872 $ 7,890,000 $ 4,806,116 8,660,000 $ 770,000 Sales Tax 2,040,960 2,183,052 2,485,023 2,000,000 1,028,776 2,800,000 800,000 Franchise Taxes 1,773,997 1,893,514 2,043,872 1,752,000 461,466 2,068,000 316,000 Business License 159,586 148,066 190,154 155,000 90,699 155,000 - Transient Occupancy Tax 269,504 233,458 240,477 230,000 107,452 230,000 - Total Taxes $ 11,158,857 $ 11,917,975 $ 13,009,398 $ 12,027,000 $ 6,494,509 $ 13,913,000 $ 1,886,000 Interfund Charges 7,884,541 8,530,263 8,350,135 8,612,410 4,888,041 9,016,450 404,040 Developer Fees 1,136,120 1,530,826 3,209,937 2,194,700 1,168,380 2,194,700 - Intergovernmental Revenue 134,949 196,314 231,002 255,600 98,229 255,600 - Intergovernmental-CARES - 524,272 - - - -
Other Revenue 1,188,980 1,538,468 2,342,082 1,671,400 1,167,876 1,849,098 177,698 Other Financing Sources 442,862 515,606 175,557 150,000 43,869 150,000 - Total Revenue $ 21,946,310 $ 24,229,451 $ 27,842,383 $ 24,911,110 $ 13,860,904 $ 27,378,848 $ 2,467,738 Expenditures
Animal Control $ 251,726 $ 266,521 $ 273,295 $ 288,310 $ 216,233 $ 288,310 City Council 66,165 63,167 62,620 172,429 59,082 182,029 9,600 City Clerk 352,239 345,831 375,251 380,207 197,087 380,207 City Attorney 331,730 293,448 314,944 486,533 144,598 486,533 City Manager 538,414 585,531 585,769 497,214 273,683 497,214 Community Outreach 122,630 123,538 155,044 168,624 100,967 168,624 Finance 722,616 832,204 807,783 901,722 429,984 901,722 Human Resources 229,900 276,394 386,264 520,751 339,382 580,751 60,000 Building Maintenance 77,994 105,777 111,207 121,119 101,199 271,119 150,000 Information Technology 300,699 293,120 297,023 340,615 177,346 340,615 Non Departmental (281,951) 816,980 568,754 2,180 313,019 52,180 50,000 Economic Development 269,248 259,040 186,705 195,549 99,007 195,549 Building & Code Enforcement 1,026,473 1,052,987 1,125,697 1,432,876 675,134 1,432,876 Police 9,782,881 9,796,066 9,751,044 11,463,709 5,177,906 11,513,709 50,000 Planning 478,739 638,980 686,134 1,019,534 228,084 1,019,534 Public Works 2,836,525 2,520,069 2,721,893 3,442,750 1,588,005 3,775,750 333,000 Recreation 692,661 659,390 590,125 825,104 372,455 825,104 Transfers Out 3,594,073 3,356,000 2,609,222 5,714,000 2,855,000 6,260,000 546,000 Total Expenditures $ 21,392,761 $ 22,285,043 $ 21,608,774 $ 27,973,226 $ 13,348,171 $ 29,171,826 $ 1,198,600 Net Revenue (Expenditure) $ 553,549 $ 1,944,408 $ 6,233,609 $ (3,062,116) $ 512,733 $ (1,792,978) $ 1,269,138 General Fund Summary
Overall, the proposed General Fund operating budget remains balanced without relying on one-time revenues. This reflects the Council’s continuing commitment 419
to operating conservatively. The budget does continue to include a lesser portion of the planned use of Fund Balance that was budgeted at the beginning of the year. As a result of proposed increases to revenues and lesser increases to expenditures, the revised budget estimate for the current fiscal year shows an overall net use of fund balance totaling $1,792,978 rather than the $3,062,116 amount that is reflected in the current Budget. This includes the $833,000 of proposed expenditures that are considered one-time in nature, comprised of $500,000 of Transfers to General Capital Projects related to the Downtown Parking Lot Project and $333,000 for the purchase of new equipment to improve operations for Public Works.
General Fund Reserve Policy
With the better-than-expected revenue mentioned above and a higher than estimated Fund Balance at the end of Fiscal Year 2020/2021, staff is recommending an increase of the General Fund Reserve Policy from the current policy amount of 20% of operational expenditures to 30% of operational expenditures. In the audited financial statement figures for Fiscal Year 2020/2021, it was reported that the General Fund had an ending Unassigned Fund Balance of roughly $12.8 million, rather than the roughly $8.3 million that was estimated at the time the Fiscal Year 2021/2022 Budget was prepared. Of that $12.8 million, about $12.6 million is in Fund 100, which is our focus for General Fund purposes.
The auditors group approximately $200,000 from other funds into the General Fund, for reporting purposes. So, we will use the $12.6 million figure for these discussions.
With an Unassigned Fund Balance of $12.6 million and a $1,792,978 spend-down projected in the current fiscal year, that leaves a projected Unassigned Fund Balance of $10.8 million. The current 20% General Fund Reserve Policy requires roughly $4.5 million to be maintained in Unassigned Fund Balance, which leaves an estimated $6.3 million beyond the 20% Reserve amount in the General Fund as of June 30, 2022. Staff believes that it would be prudent to increase the Reserve Policy by 50% (by roughly $2.3 million) while these funds are available for such a designation. Increasing the Reserve from 20% to 30%, which is roughly from $4.5 million to $6.8 million, would still leave $4 million in Unassigned Fund Balance (beyond the 30% Reserve) that could be utilized for one-time expenditures and projects. That does not include the roughly $5 million of ARPA money (which is not in the General Fund) for which plans have yet to be made, nor does it include the estimated $12 million that the City of Oakley is anticipating from the sale of property for housing development in Fiscal Year 2022/2023. In short, the City Council will have approximately $21 million to use on one-time projects or to put 420
in reserves for other purposes, even after setting aside the additional $2.3 million in General Fund Reserves.
Staff’s recommendation to increase the Reserve Policy to 30% is not presented without reason or justification, or just because we have the funds available to do so at this time. As mentioned above, revenues related to property values and housing development are major sources of General Fund revenues and we are riding their wave at this time. Property Taxes, Property Tax In-Lieu of VLF and Property Transfer Tax combined are now projected to be $8,663,546, with the proposed Mid-Year Budget adjustments. That amounts to 32% of the projected General Fund Budget revenues. If property values were to drop by 42% as they did in Oakley in Fiscal Year 2008/2009, that would represent a one-year loss of over $3.6 million in these Property Taxes alone, leaving roughly $3.2 million in Reserves to cover some of the further losses in Developer Fees and in Interfund Charges related to development. As can be seen in the chart below, it took about 7 years to return to the 2008 level of Property Tax revenue after the drop in Fiscal Year 2009/2010. Staff believes increasing the Reserve Policy to 30% is warranted and prudent at this time. Doing so would give the City time to maintain a better level of services to the community while making the necessary adjustments to match ongoing costs with recurring revenues.
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Other Funds
Attached at the end of this report is a spreadsheet summarizing the beginning and projected year-end fund balances by fund, the existing budgets, year-to-date actual revenues and expenditures (through mid-year), and the adjustment amounts recommended in each fund. The analysis shows that by keeping operations lean, the City’s funds remain generally healthy and the prudent budgeting and active management of operations are successfully meeting the goal of living within our means.
As a reminder, the City appropriates unassigned fund balances into its special purpose funds. So, the table generally shows a net use in each of these funds. In cases where fund balances are available, you will note that actual expenditures year-to-date in the special purpose funds are significantly less than the expenditures budgeted, and that is generally to be expected.
No Proposed Appropriations of Fund Balance
In several funds, the actual beginning-of-the-year Fund Balance was different than estimated during the budget development process, with the General Fund being the prime example. As part of this Mid-Year Budget Review, the attached Fund Summaries Table has been updated to show the actual beginning fund balances. There are a few appropriations adjustments proposed to true up the appropriation of unassigned amounts in the City’s Special Revenue and Capital Projects Funds, consistent with the City’s policies, where needed. These adjustments can be either additions or reductions. The $500,000 of Transfers to General Capital Projects related to the Downtown Parking Lot Project and the $333,000 for the purchase of new equipment are new projects that are being introduced since the 2021/2022 Budget was adopted. However, those projects will be covered with current year revenues as mentioned above, rather than appropriating funds from the General Fund’s Fund Balance.
As has been the case for several years, a couple of the Park Lighting and Landscaping Funds are not yet capable of sustaining current levels of service in the long run; nonetheless, for these Funds, the use of existing Fund Balance and, in a couple of cases, utilizing an interfund loan pursuant to current policy, remains the most reasonable option.
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Discussion of Capital Budgets
The Capital Improvement Program (CIP) remains very active this fiscal year, and a substantial amount of available capital projects funds on hand from recent years are being put to work.
As is typical, some of the projects were originated in prior years while others will continue into future fiscal years. The budget policies allow unspent budgeted capital amounts to be rolled forward to the next fiscal year to simplify the accounting process.
Summary of Staff Recommendations
The General Fund:
Staff recommends the Council authorize the appropriation adjustments necessary at a line-item level to adjust General Fund budgeted revenues by a net increase of $2,467,738, as follow:
Increase Property Tax revenue by $400,000
Increase Property Tax in Lieu of VLF by $170,000
Increase Property Transfer Tax revenue by $200,000
Increase Sales Tax by $800,000
Increase Franchise Tax – PG&E by $90,000
Increase Franchise Tax – Garbage by $226,000
Increase Damaged Property Repair Recovery revenue by $40,000 Increase General Plan Impact Fee revenue by $18,000
Increase Sale of Property by $119,698
Increase Interfund Charges – Police by $645,040
Decrease Interfund Charges – Engineering by $241,000
The impact of these proposed revenue adjustments is an overall net increase in estimated General Fund revenue of $2,467,738.
Staff also recommends increasing General Fund expenditure appropriations by $1,198,600. The changes include:
A $50,000 increase in Repairs and Maintenance for City Hall and the Public Works Operations Building (PWOB)
A $150,000 increase in Contracted Services for Building Maintenance Custodial Services
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A $50,000 increase in Salaries for two new officers to be added to the Police Department, toward the end of this fiscal year
An increase of $333,000 to Public Works Maintenance for a backhoe, a compact track loader and other equipment to help improve operations An increase of $9,600 for the purchase and installation of City Council Chamber safety dividers
An increase of $46,000 to Operating Transfers Out to Fund 201 for roof repairs to the Skipolini’s and Mr. Pickles’ roofs ($23,000 each) An increase of $150,000 in Operating Transfers Out to Fund 201 for EV Charging Units for the Downtown Parking Lot Project
An increase of $350,000 Operating Transfers Out to Fund 201 for capital improvements related to an exchange of property related to the Downtown Parking Lot Project
An increase of $60,000 in Contracted Services for Compensation Study Finally, staff is recommending changing the General Fund Reserve Policy from 20% to 30% of budgeted General Fund operational expenditures.
All Other Funds:
Staff recommends the Council authorize adjustments necessary at a line-item level to adjust budgeted revenues by a net increase of $1,606,729, as follow:
American Recovery Plan Act (ARPA) – Reduce revenue by $2,911,405, from the budgeted $8 million to the $5,089,025 received in the first tranche General Capital Projects – Increase revenues by $546,000 for the Transfers to Fund 201 from the General Fund for the projects listed above Bella Estates Landscaping CFD – Increase revenue estimates by $746 Police P-6 Assessment District – Increase revenue projections by $757,500 Staff also recommends increasing expenditure appropriations by $1,115,000.
There are sufficient funds in all funds below to cover the increase in expenditures.
American Recovery Plan Act (ARPA) – Reduce expenditures by $3,169,098, from nearly $8 million to the $4,830,000 approved by Council 424
General Capital Projects – Increase expenditures by $546,000 for the Transfers to Fund 201 from the General Fund for the projects listed above Traffic Impact Fee – Increase expenditures by $100,000 for new backup battery unit to be added to CIP# 262 – Traffic Signal Modernization Project Traffic Impact Fee – Increase expenditures by $60,000 for CIP# 273 – Laurel Road Extension (Teton Road to Sellers Ave.) Project - Design Downtown Revitalization – Increase expenditures by $2,000 for CAM Repairs and Maintenance of Guanatos Building
Emerson Ranch Storm Water CFD – Increase expenditures by $40,000 for increased gas and electricity costs
Gilbert Park Stormwater CFD – Increase expenditures by $40,000 for gas and electricity costs and by $2,000 for water costs
Police P-6 Assessment District – Increase expenditures by $645,040 Looking Forward
Staff will consider the impact of the most current projections for FY 2021/2022 and the likely trends in the coming years when we update the 10-Year Plan during the Fiscal Year 2022/2023 Budget preparation process. As always, the projections in the near term are more meaningful, but extending the analysis out ten years will allow evaluation of the long-term effects of decisions being made today.
While Fiscal Year 2021/2022 budget performance looks very positive, much of the additional revenue that the City is receiving is one-time revenue that should not be relied up for ongoing operations in the future. During the upcoming budget preparation process, staff will also consider General Fund allocations to further augment roadway maintenance, not only to ensure funds are available to maintain the new roads added to the City’s responsibilities from past development, but also to maintain Main Street, which prior to the recession was maintained by the State. Significantly higher allocations to Roadway Maintenance will also be necessary to ensure fiscally prudent roadway maintenance activities and that such activities can continue through any future economic downturn. Of course, Cypress Avenue is at the top of our list of concerns for much-needed street improvements.
The Mid-Year Review confirms that if we remain disciplined, as the Council has directed and as incorporated into the City’s Financial Polices, the City’s operations are and can remain balanced over time. The projections presented here show increased revenue estimates and lesser increases to expenditures, 425
leaving the General Fund with sufficient current year revenues for even more one-time expenditures than those that were included in the adopted Fiscal Year 2021/2022 Budget. Because the City remains subject to significant external factors in managing costs, we continue to recommend proceeding carefully with any changes expected to increase recurring costs without new recurring revenues.
Adopting a new 30% General Fund Reserve Policy is a prudent measure to help ensure continued stability in the City’s operations and fiscal condition.
Staff Recommended Budget and Reserve Policy Adjustments The attached Fund Summary provides estimated year end fund balance for every fund. The Mid-Year Adjustment column summarizes the detail provided above and are staff’s proposed changes to the FY 2021/22 Budget.
The attached Budget Transfer/Revision Request Form provides line-item detail for all staff proposed changes.
The attached Reserve Policy reflects the change from 20% to 30% of General Fund operating expenditures (which excludes Operating Transfers Out). 426
Current
Adjusted Actual FYE Mid‐Year
Fund Accounts Budget YTD Projection Budget Adjustment
100 General Fund Available Fund Balance 06/30/21 12,628,181 Revenues 24,911,110 14,531,435 27,378,848 2,467,738
Expenditures 28,036,922 13,996,187 29,235,522 1,198,600 Revenues over (under) Expenditures (3,125,812) 535,248 (1,856,674) 1,269,138 Est Fund Balance 06/30/22 10,771,507
110 Cypress Grove (CFD #1) Available Fund Balance 06/30/21 2,465,806 Revenues 375,273 205,436 375,273 0
Expenditures 1,403,002 78,986 1,403,002 0
Revenues over (under) Expenditures (1,027,729) 126,450 (1,027,729) 0 Est Fund Balance 06/30/22 1,438,078
115 Oakley Creekside Park Restoration Available Fund Balance 06/30/21 0 Revenues 436,465 0 436,465 0
Expenditures 436,465 75,098 436,465 0
Revenues over (under) Expenditures 0 (75,098) 0 0
Est Fund Balance 06/30/22 0
120 American Rescue Plan Act Available Fund Balance 06/30/21 0 Revenues 8,000,000 5,089,025 5,088,595 (2,911,405)
Expenditures 7,999,098 19,797 4,830,000 (3,169,098)
Revenues over (under) Expenditures 902 5,069,228 258,595 257,693 Est Fund Balance 06/30/22 258,595
125 You, Me, We = Oakley Available Fund Balance 06/30/21 0 Revenues 130,000 60,659 130,000 0
Expenditures 129,951 32,441 129,951 0
Revenues over (under) Expenditures 49 28,218 49 0
Est Fund Balance 06/30/22 49
132 Parks Landscaping Assessment ‐ (LLAD Zone 1) Available Fund Balance 06/30/21 3,591,885 Revenues 1,737,788 1,055,375 1,737,788 0
Expenditures 1,939,789 756,870 1,939,789 0
Revenues over (under) Expenditures (202,001) 298,505 (202,001) 0 Est Fund Balance 06/30/22 3,389,884
133 Lighting Assessment Dist ‐ (LLAD Zone 2) Available Fund Balance 06/30/21 201,558 Revenues 472,988 271,472 472,988 0
Expenditures 531,243 244,554 531,243 0
Revenues over (under) Expenditures (58,255) 26,918 (58,255) 0 Est Fund Balance 06/30/22 143,303
134 CC Logistic Center Available Fund Balance 06/30/21 0 Revenues 35,000 35,000 0
Expenditures 33,904 3,500 33,904 0
Revenues over (under) Expenditures 1,096 (3,500) 1,096 0 Est Fund Balance 06/30/22 1,096
138 Downtown Revitalization Available Fund Balance 06/30/21 16,339 Revenues 313,600 147,163 313,600 0
Expenditures 274,933 94,643 276,933 2,000
Revenues over (under) Expenditures 38,667 52,519 36,667 (2,000) Est Fund Balance 06/30/22 53,006
140 Gas Tax Available Fund Balance 06/30/21 528,636
Revenues 1,072,615 540,040 1,072,615 0
Expenditures 1,365,545 464,562 1,365,545 0
Revenues over (under) Expenditures (292,930) 75,478 (292,930) 0 Est Fund Balance 06/30/22 235,706
141 Gas Tax‐RMRA SB1 Available Fund Balance 06/30/21 1,447,608 Revenues 816,500 430,506 816,500 0
Expenditures 2,134,482 95,689 2,134,482 0
Revenues over (under) Expenditures (1,317,982) 334,817 (1,317,982) 0 Est Fund Balance 06/30/22 129,626
Fund Summary
Mid‐Year Budget Review
Fiscal Year 2021/22
427
145 Stormwater NPDES Available Fund Balance 06/30/21 284,010 Revenues 506,000 247,326 506,000 0
Expenditures 789,776 301,428 789,776 0
Revenues over (under) Expenditures (283,776) (54,101) (283,776) 0 Est Fund Balance 06/30/22 234
148 Measure J Available Fund Balance 06/30/21 1,132,095 Revenues 605,000 189 605,000 0
Expenditures 1,372,718 57,430 1,372,718 0
Revenues over (under) Expenditures (767,718) (57,241) (767,718) 0 Est Fund Balance 06/30/22 364,377
150 Police P‐6 Assessment District Available Fund Balance 06/30/21 0 Revenues 5,402,500 3,389,358 5,402,500 0
Expenditures 5,402,500 3,389,401 5,402,500 0
Revenues over (under) Expenditures 0 (43) 0 0
Est Fund Balance 06/30/22 0
151 Supplemental Law Enforcement (SLEF) Available Fund Balance 06/30/21 0 Revenues 125,450 134,458 125,450 0
Expenditures 125,450 103,571 125,450 0
Revenues over (under) Expenditures 0 30,888 0 0
Est Fund Balance 06/30/22 0
168 Sports Field Maintenance Available Fund Balance 06/30/21 146,580 Revenues 30,000 24,463 30,000 0
Expenditures 25,570 7,791 25,570 0
Revenues over (under) Expenditures 4,430 16,672 4,430 0 Est Fund Balance 06/30/22 151,010
170 Vintage Parkway (LLAD Zone 3‐1) Available Fund Balance 06/30/21 35,080 Revenues 79,714 43,075 79,714 0
Expenditures 114,794 39,854 114,794 0
Revenues over (under) Expenditures (35,080) 3,221 (35,080) 0 Est Fund Balance 06/30/22 0
171 Oakley Ranch (LLAD Zone 3‐2) Available Fund Balance 06/30/21 4,565 Revenues 26,696 14,550 26,696 0
Expenditures 31,261 14,984 31,261 0
Revenues over (under) Expenditures (4,565) (434) (4,565) 0 Est Fund Balance 06/30/22 0
172 Empire (LLAD Zone 3‐3) Available Fund Balance 06/30/21 21,301 Revenues 5,134 2,508 5,134 0
Expenditures 26,435 1,986 26,435 0
Revenues over (under) Expenditures (21,301) 522 (21,301) 0 Est Fund Balance 06/30/22 0
173 Oakley Town Center (LLAD Zone 3‐4) Available Fund Balance 06/30/21 17,576 Revenues 11,535 6,028 11,535 0
Expenditures 29,111 3,769 29,111 0
Revenues over (under) Expenditures (17,576) 2,259 (17,576) 0 Est Fund Balance 06/30/22 0
174 Oak Grove (LLAD Zone 3‐5) Available Fund Balance 06/30/21 14,666 Revenues 29,005 15,636 29,005 0
Expenditures 43,671 10,428 43,671 0
Revenues over (under) Expenditures (14,666) 5,208 (14,666) 0 Est Fund Balance 06/30/22 0
175 Laurel Woods/Luna Estates (LLAD Zone 3‐6) Available Fund Balance 06/30/21 22,876 Revenues 8,418 4,234 8,418 0
Expenditures 31,294 3,147 31,294 0
Revenues over (under) Expenditures (22,876) 1,087 (22,876) 0 Est Fund Balance 06/30/22 0
176 South Forty (LLAD Zone 3‐7) Available Fund Balance 06/30/21 10,529 Revenues 10,113 5,401 10,113 0
Expenditures 20,642 3,849 20,642 0
Revenues over (under) Expenditures (10,529) 1,552 (10,529) 0 Est Fund Balance 06/30/22 0
177 Claremont (LLAD Zone 3‐8) Available Fund Balance 06/30/21 3,052 Revenues 7,728 4,198 7,728 0
Expenditures 10,780 5,479 10,780 0
Revenues over (under) Expenditures (3,052) (1,281) (3,052) 0 Est Fund Balance 06/30/22 0
428
178 Gateway (LLAD Zone 3‐9) Available Fund Balance 06/30/21 45,763 Revenues 19,860 10,130 19,860 0
Expenditures 65,623 13,726 65,623 0
Revenues over (under) Expenditures (45,763) (3,596) (45,763) 0 Est Fund Balance 06/30/22 0
179 Countryside‐Village Green (LLAD Zone 3‐10) Available Fund Balance 06/30/21 7,762 Revenues 2,875 1,448 2,875 0
Expenditures 10,637 1,763 10,637 0
Revenues over (under) Expenditures (7,762) (314) (7,762) 0 Est Fund Balance 06/30/22 0
180 Country Fair‐Meadow Glen (LLAD Zone 3‐11) Available Fund Balance 06/30/21 1,121 Revenues 5,473 2,983 5,473 0
Expenditures 6,594 5,280 6,594 0
Revenues over (under) Expenditures (1,121) (2,296) (1,121) 0 Est Fund Balance 06/30/22 0
181 California Sunrise (LLAD Zone 3‐12) Available Fund Balance 06/30/21 17,699 Revenues 4,102 1,939 4,102 0
Expenditures 21,801 1,340 21,801 0
Revenues over (under) Expenditures (17,699) 599 (17,699) 0 Est Fund Balance 06/30/22 0
182 California Visions‐Laurel (LLAD Zone 3‐13) Available Fund Balance 06/30/21 37,455 Revenues 13,200 6,627 13,200 0
Expenditures 50,655 5,345 50,655 0
Revenues over (under) Expenditures (37,455) 1,282 (37,455) 0 Est Fund Balance 06/30/22 0
183 Claremont Heritage (LLAD Zone 3‐14) Available Fund Balance 06/30/21 52,107 Revenues 19,740 10,070 19,740 0
Expenditures 71,847 5,316 71,847 0
Revenues over (under) Expenditures (52,107) 4,754 (52,107) 0 Est Fund Balance 06/30/22 0
184 Country Fair‐Meadow Glen II (LLAD Zone 3‐15) Available Fund Balance 06/30/21 34,601 Revenues 123,813 67,509 123,813 0
Expenditures 158,414 57,553 158,414 0
Revenues over (under) Expenditures (34,601) 9,957 (34,601) 0 Est Fund Balance 06/30/22 0
185 Sundance (LLAD Zone 3‐16) Available Fund Balance 06/30/21 2,628 Revenues 9,010 4,903 9,010 0
Expenditures 11,638 4,020 11,638 0
Revenues over (under) Expenditures (2,628) 882 (2,628) 0 Est Fund Balance 06/30/22 0
186 CA Jamboree‐Laurel Anne (LLAD Zone 3‐17) Available Fund Balance 06/30/21 88,165 Revenues 120,684 63,297 120,684 0
Expenditures 208,849 54,770 208,849 0
Revenues over (under) Expenditures (88,165) 8,527 (88,165) 0 Est Fund Balance 06/30/22 0
187 Country Place (LLAD Zone 3‐18) Available Fund Balance 06/30/21 0* Revenues 43,400 22,870 43,400 0
Expenditures 43,400 22,340 43,400 0
Revenues over (under) Expenditures 0 530 0 *0
Est Fund Balance 06/30/22 0
* From General Fund Loan
188 Laurel Crest (LLAD Zone 3‐19) Available Fund Balance 06/30/21 8,671 Revenues 158,350 83,199 158,350 0
Expenditures 167,021 84,754 167,021 0
Revenues over (under) Expenditures (8,671) (1,555) (8,671) 0 Est Fund Balance 06/30/22 0
189 Marsh Creek Glen (LLAD Zone 3‐20) Available Fund Balance 06/30/21 69,153 Revenues 105,523 56,891 105,523 0
Expenditures 174,676 32,132 174,676 0
Revenues over (under) Expenditures (69,153) 24,759 (69,153) 0 Est Fund Balance 06/30/22 0
190 Quail Glen (LLAD Zone 3‐21) Available Fund Balance 06/30/21 19,669 Revenues 34,274 18,456 34,274 0
Expenditures 53,943 12,731 53,943 0
Revenues over (under) Expenditures (19,669) 5,725 (19,669) 0 Est Fund Balance 06/30/22 0
429
191 Cypress Grove (LLAD Zone 3‐22) Available Fund Balance 06/30/21 102,000 Revenues 310,642 167,439 310,642 0
Expenditures 412,642 128,019 412,642 0
Revenues over (under) Expenditures (102,000) 39,420 (102,000) 0 Est Fund Balance 06/30/22 0
192 South Oakley (LLAD Zone 3‐23) Available Fund Balance 06/30/21 67,729 Revenues 439,873 239,856 439,873 0
Expenditures 507,602 214,032 507,602 0
Revenues over (under) Expenditures (67,729) 25,824 (67,729) 0 Est Fund Balance 06/30/22 0
193 Stone Creek (LLAD Zone 3‐24) Available Fund Balance 06/30/21 71,963 Revenues 66,393 35,476 66,393 0
Expenditures 138,356 10,022 138,356 0
Revenues over (under) Expenditures (71,963) 25,454 (71,963) 0 Est Fund Balance 06/30/22 0
194 Magnolia Park (LLAD Zone 3‐25) Available Fund Balance 06/30/21 102,800 Revenues 858,052 463,528 858,052 0
Expenditures 960,852 482,269 960,852 0
Revenues over (under) Expenditures (102,800) (18,741) (102,800) 0 Est Fund Balance 06/30/22 0
195 Summer Lake (LLAD Zone 3‐26) Available Fund Balance 06/30/21 102,930 Revenues 515,056 277,827 515,056 0
Expenditures 617,986 285,504 617,986 0
Revenues over (under) Expenditures (102,930) (7,677) (102,930) 0 Est Fund Balance 06/30/22 0
201 General Capital Projects Available Fund Balance 06/30/21 3,310,331 Revenues 865,000 325,541 1,411,000 546,000
Expenditures 4,160,579 414,205 4,706,579 546,000
Revenues over (under) Expenditures (3,295,579) (88,663) (3,295,579) 0 Est Fund Balance 06/30/22 14,752
202 Traffic Impact Fee Available Fund Balance 06/30/21 7,388,290 Revenues 3,930,000 2,840,983 3,930,000 0
Expenditures 8,615,250 326,411 8,615,250 160,000
Revenues over (under) Expenditures (4,685,250) 2,514,572 (4,685,250) (160,000) Est Fund Balance 06/30/22 2,703,040
204 Park Impact Fee Available Fund Balance 06/30/21 2,802,593 Revenues 2,800,000 2,006,828 2,800,000 0
Expenditures 3,429,235 95,252 3,429,235 0
Revenues over (under) Expenditures (629,235) 1,911,576 (629,235) 0 Est Fund Balance 06/30/22 2,173,358
206 Public Facilities Impact Fee Available Fund Balance 06/30/21 2,435,481 Revenues 1,105,000 1,203,809 1,105,000 0
Expenditures 707,210 359,809 707,210 0
Revenues over (under) Expenditures 397,790 844,000 397,790 0 Est Fund Balance 06/30/22 2,833,271
208 Fire Impact Fee Available Fund Balance 06/30/21 0
Revenues 000 0
Expenditures 000 0
Revenues over (under) Expenditures 000 0
Est Fund Balance 06/30/22 0
221 2012 Refunding Assessment Bond CIP Available Fund Balance 06/30/21 74,921 Revenues 60,310 30,162 60,310 0
Expenditures 70,000 55,090 70,000 0
Revenues over (under) Expenditures (9,690) (24,928) (9,690) 0 Est Fund Balance 06/30/22 65,231
222 2014 Refunding Assessment Bond CIP Available Fund Balance 06/30/21 530,346 Revenues 123,923 61,761 123,923 0
Expenditures 000 0
Revenues over (under) Expenditures 123,923 61,761 123,923 0 Est Fund Balance 06/30/22 654,269
231 Main Street Available Fund Balance 06/30/21 2,308,489 Revenues 350,000 175,000 350,000 0
Expenditures 2,665,626 1,278,814 2,665,626 0
Revenues over (under) Expenditures (2,315,626) (1,103,814) (2,315,626) 0 Est Fund Balance 06/30/22 (7,137)
430
232 Regional Parks (CFD) Available Fund Balance 06/30/21 1,490,483 Revenues 135,000 158,440 135,000 0
Expenditures 78,879 50,191 78,879 0
Revenues over (under) Expenditures 56,121 108,249 56,121 Est Fund Balance 06/30/22 1,546,604
235 Street Maintenance Reserve Available Fund Balance 06/30/21 2,150,941 Revenues 4,000,000 2,000,000 4,000,000 0
Expenditures 5,782,016 2,504,913 5,782,016 0
Revenues over (under) Expenditures (1,782,016) (504,913) (1,782,016) 0 Est Fund Balance 06/30/22 368,924
301 Developer Deposits Available Fund Balance 06/30/21 0 Revenues 1,040,102 567,995 1,040,102 0
Expenditures 1,040,102 0 1,040,102 0
Revenues over (under) Expenditures 0 567,995 0 0
Est Fund Balance 06/30/22 0
* Revenues are earned as deposits are spent.
351 Debt Service Available Fund Balance 06/30/21 45,335 Revenues 671,870 335,707 671,870 0
Expenditures 673,129 176,143 673,129 0
Revenues over (under) Expenditures (1,259) 159,564 (1,259) 0 Est Fund Balance 06/30/22 44,076
403 Stormwater Citywide (CFD) Available Fund Balance 06/30/21 3,422 Revenues 8,082 4,152 8,082 0
Expenditures 1,870 745 1,870 0
Revenues over (under) Expenditures 6,212 3,407 6,212 0
Est Fund Balance 06/30/22 9,634
404 Fire Protection (CFD 2018‐1) Available Fund Balance 06/30/21 0 Revenues 100,000 134,602 100,000 0
Expenditures 100,000 142,750 100,000 0
Revenues over (under) Expenditures 0 (8,148) 0 0
Est Fund Balance 06/30/22 0
405 Emerson Ranch Parks/St. Lighting (CFD 2015‐1) Available Fund Balance 06/30/21 666,046 Revenues 193,118 105,226 193,118 0
Expenditures 168,557 75,211 168,557 0
Revenues over (under) Expenditures 24,561 30,015 24,561 0 Est Fund Balance 06/30/22 690,607
406 Emerson Ranch Neighborhood (CFD 2015‐1) Available Fund Balance 06/30/21 559,584 Revenues 184,834 100,926 184,834 0
Expenditures 165,397 59,140 165,397
Revenues over (under) Expenditures 19,437 41,786 19,437 0 Est Fund Balance 06/30/22 579,022
407 Emerson Ranch Storm Water (CFD 2015‐1) Available Fund Balance 06/30/21 877,200 Revenues 269,063 146,921 269,063 0
Expenditures 290,510 116,437 330,510 40,000
Revenues over (under) Expenditures (21,447) 30,484 (61,447) (40,000) Est Fund Balance 06/30/22 815,753
408 Prescott Landscaping (CFD 2015‐2 Zone 1) Available Fund Balance 06/30/21 29,114 Revenues 20,445 11,194 20,445 0
Expenditures 21,168 9,622 21,168 0
Revenues over (under) Expenditures (723) 1,572 (723) 0
Est Fund Balance 06/30/22 28,392
409 Prescott Stormwater (CFD 2015‐2 Zone 1) Available Fund Balance 06/30/21 78,017 Revenues 25,501 13,928 25,501 0
Expenditures 41,322 19,037 41,322 0
Revenues over (under) Expenditures (15,821) (5,109) (15,821) 0 Est Fund Balance 06/30/22 62,197
410 Doyle Rd Landscaping (CFD 2015‐2 Zone 2) Available Fund Balance 06/30/21 1,596 Revenues 718 507 718 0
Expenditures 1,443 728 1,443 0
Revenues over (under) Expenditures (725) (221) (725) 0
Est Fund Balance 06/30/22 871
411 Bella Estates Landscaping (CFD 2015‐2 Zone 3) Available Fund Balance 06/30/21 184 Revenues 301 576 1,047 746
Expenditures 1,442 729 1,442 0
Revenues over (under) Expenditures (1,141) (153) (395) 746 Est Fund Balance 06/30/22 (211)
431
412 Quicksilver Landscaping (CFD 2015‐2 Zone 4) Available Fund Balance 06/30/21 2,040 Revenues 1,047 576 1,047 0
Expenditures 2,455 1,079 2,455 0
Revenues over (under) Expenditures (1,408) (503) (1,408) 0 Est Fund Balance 06/30/22 632
413 7‐11/Self Storage Landscaping (CFD 2015‐2 Zone 5) Available Fund Balance 06/30/21 2,872 Revenues 1,272 699 1,272 0
Expenditures 2,677 1,079 2,677 0
Revenues over (under) Expenditures (1,405) (380) (1,405) 0 Est Fund Balance 06/30/22 1,467
414 Aspen Place Landscaping (CFD 2015‐2 Zone 6) Available Fund Balance 06/30/21 12,814 Revenues 7,422 4,084 7,422 0
Expenditures 10,361 4,870 10,361 0
Revenues over (under) Expenditures (2,939) (786) (2,939) 0 Est Fund Balance 06/30/22 9,875
415 Aspen Lane Landscaping (CFD 2015‐2 Zone 7) Available Fund Balance 06/30/21 24,830 Revenues 12,320 6,780 12,320 0
Expenditures 12,259 4,754 12,259 0
Revenues over (under) Expenditures 61 2,026 61 0
Est Fund Balance 06/30/22 24,891
416 Duarte Ranch Landscaping (CFD 2015‐2 Zone 8) Available Fund Balance 06/30/21 67,013 Revenues 62,741 34,463 62,741 0
Expenditures 66,170 38,474 66,170 0
Revenues over (under) Expenditures (3,429) (4,012) (3,429) 0 Est Fund Balance 06/30/22 63,584
417 Duarte Ranch Stormwater (CFD 2015‐2 Zone 8) Available Fund Balance 06/30/21 85,575 Revenues 22,256 12,145 22,256 0
Expenditures 23,985 10,545 23,985 0
Revenues over (under) Expenditures (1,729) 1,600 (1,729) 0 Est Fund Balance 06/30/22 83,846
418 Nature Properties Landscaping (CFD 2015‐2 Zone 10) Available Fund Balance 06/30/21 10,906 Revenues 5,095 2,804 5,095 0
Expenditures 5,095 1,983 5,095 0
Revenues over (under) Expenditures 0 821 0 0
Est Fund Balance 06/30/22 10,906
419 Chevron Laurel/OʹHara Landscaping (CFD 2015‐2 Zone 12) Available Fund Balance 06/30/21 6,282 Revenues 2,878 1,584 2,878 0
Expenditures 2,868 1,081 2,868 0
Revenues over (under) Expenditures 10 503 10 0
Est Fund Balance 06/30/22 6,292
420 4700 Main St Landscaping (CFD 2015‐2 Zone 13) Available Fund Balance 06/30/21 0 Revenues 000 0
Expenditures 000 0
Revenues over (under) Expenditures 000 0
Est Fund Balance 06/30/22 0
421 Gilbert Property Landscaping (CFD 2015‐2 Zone 14) Available Fund Balance 06/30/21 111,940 Revenues 327,503 239,048 327,503 0
Expenditures 361,981 165,983 361,981 0
Revenues over (under) Expenditures (34,478) 73,065 (34,478) 0 Est Fund Balance 06/30/22 77,462
422 Gilbert Property Stormwater (CFD 2015‐2 Zone 14) Available Fund Balance 06/30/21 1,343 Revenues 133,429 133,185 242,155 108,726
Expenditures 194,882 90,968 236,882 42,000
Revenues over (under) Expenditures (61,453) 42,217 5,273 66,726 Est Fund Balance 06/30/22 6,616
423 UPS Expansion Landscaping (CFD 2015‐2 Zone 16) Available Fund Balance 06/30/21 3,399 Revenues 3,206 3,206 0
Expenditures 3,206 350 3,206 0
Revenues over (under) Expenditures 0 (350) 0 0
Est Fund Balance 06/30/22 3,399
424 ARCO AM/PM Landscaping (CFD 2015‐2 Zone 17) Available Fund Balance 06/30/21 (4,598) Revenues 702 1 702 0
Expenditures 2,142 1,078 2,142 0
Revenues over (under) Expenditures (1,440) (1,078) (1,440) 0 Est Fund Balance 06/30/22 (6,038)
432
425 Shiloh Landscaping (CFD 2015‐2 Zone 18) Available Fund Balance 06/30/21 (4,598) Revenues 11,028 0 11,028 0
Expenditures 5,479 2,000 5,479 0
Revenues over (under) Expenditures 5,549 (2,000) 5,549 0 Est Fund Balance 06/30/22 951
426 The Village at Main Landscaping (CFD 2015‐2 Zone 20) Available Fund Balance 06/30/21 (4,598) Revenues 25,568 0 25,568 0
Expenditures 5,448 2,000 5,448 0
Revenues over (under) Expenditures 20,120 (2,000) 20,120 0 Est Fund Balance 06/30/22 15,522
501 Vehicle Internal Service Fund Available Fund Balance 06/30/21 1,164,875 Revenues 437,081 210,606 437,081 0
Expenditures 477,215 195,159 477,215 0
Revenues over (under) Expenditures (40,134) 15,448 (40,134) 0 Est Fund Balance 06/30/22 1,124,741
502 Capital Facilities Maintenance & Replacement Available Fund Balance 06/30/21 339,165 Revenues 475,000 237,539 475,000 0
Expenditures 600,710 243,136 600,710 0
Revenues over (under) Expenditures (125,710) (5,598) (125,710) 0 Est Fund Balance 06/30/22 213,455
503 Technology Internal Service Fund Available Fund Balance 06/30/21 327,227 Revenues 160,000 80,015 160,000 0
Expenditures 206,995 135,958 231,995 25,000
Revenues over (under) Expenditures (46,995) (55,943) (71,995) (25,000) Est Fund Balance 06/30/22 255,231
621 2012 Refunding Assessment Bond Debt Service Available Fund Balance 06/30/21 1,217,022 Revenues 1,199,985 11,151,273 1,199,985 0
Expenditures 1,153,270 12,314,756 1,153,270 0
Revenues over (under) Expenditures 46,715 (1,163,483) 46,715 0 Est Fund Balance 06/30/22 1,263,737
622 2014 Refunding Assessment Bond Debt Service Available Fund Balance 06/30/21 515,653 Revenues 765,430 417,653 765,430 0
Expenditures 766,318 552,495 766,318 0
Revenues over (under) Expenditures (888) (134,842) (888) 0 Est Fund Balance 06/30/22 514,765
767 Tax Increment Housing Available Fund Balance 06/30/21 (922,521) * Revenues 10,700 1,482 10,700 0
Expenditures 10,000 10,000 0
Revenues over (under) Expenditures 700 1,482 700 0
Est Fund Balance 06/30/22 (921,821)
*Advances from other funds
Note: Throughout this schedule, available fund balances at 06/30/20 include the amounts appropriated from Reserves in funds where applicable. 433
RESOLUTION NO. __-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
APPROVING THE FISCAL YEAR 2021/2022 MIDYEAR BUDGET
REVIEW AND ADOPTING ITS RECOMMENDATIONS FOR
REVISING THE FISCAL YEAR 2021/2022 OPERATING AND
CAPITAL BUDGETS
WHEREAS, the City is required by law to approve a budget prior to the beginning of each fiscal year, and finds it prudent to review the status of the budget at midyear each year; and
WHEREAS, the Finance Director and other City Department Heads have undertaken a thorough review and projected revenues and expenditures for the remainder of the fiscal year; and
WHEREAS, the City Council of the City of Oakley has been presented with a Midyear Budget Review Report, including a “State of the Budget” summary and Staff recommendations; and
WHEREAS, the Staff recommendations in the Midyear Budget Review Report include increasing the General Fund Reserve Policy from 20% to 30%; and WHEREAS, the City Council has reviewed the Midyear Review Report and wishes to approve and adopt the Staff recommendations;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby approves and adopts the Staff recommendations included in the Midyear Budget Review presented by the City Manager.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Oakley held on the 22nd day of February 2022, and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Randy Pope, Mayor
ATTEST:
___________________________________
Libby Vreonis, City Clerk
434
BUDGET TRANSFER/REVISION REQUEST FORM
Decrease
1 Repairs & Mtnc ‐ City Hall & PWOB
2 Salaries ‐ two new officers to be added
3 Contracted Srvcs ‐ Bldg Mtnc ‐ Custodial 100‐12‐070‐5810 4 Pallet Jack 100‐51‐001‐7550
5 Sports Field Infield Groomer 100‐51‐001‐7550
6 Backhoe 100‐51‐001‐7550
7 Compact Track Loader 100‐51‐001‐7550
8 Solar Traffic Safety Message Sign 100‐51‐001‐7550
9 Hot Water Pressure Washer 100‐51‐001‐7550
10 CAM Repairs and Mtnc‐ Guanatos Bldg 138‐82‐003‐5300 11 P‐6 District ‐ Interfund Charges Police 150‐21‐001‐5911 12 Emerson Ranch Gas and Electricity 407‐53‐501‐5420
13 Delaney Park Gas and Electricity 422‐53‐501‐5420
14 Delaney Park ‐ Water 422‐53‐501‐5430
15 CIP #262 ‐ Traff Sig Proj ‐ power backup 202‐75‐262‐0101 16 City Council Chamber Safety Dividers 100‐11‐010‐7410 17 GF Xfer Out ‐ Skipoliniʹs Roof Rplcmt 100‐99‐901‐8410 18 Fund 201 Proj ‐ Skipoliniʹs Roof Rplcmt 201‐10‐001‐7200 19 GF Xfer Out ‐ Mr Pickleʹs Roof Rplcmt 100‐99‐901‐8410 20 Fund 201 Proj ‐ Mr Pickleʹs Roof Rplcmt 201‐10‐001‐7200 21 GF Xfer Out‐ EV Charging Units, CIP 215 100‐99‐901‐8410 22 Fund 201 ‐ EV Charging Units, CIP 215 201‐75‐215‐0101 23 CIP No. 273 ‐ Laurel Rd Ext Proj‐ Design 202‐75‐273‐0201 24 GF Xfer ‐ Cap Imp Sheer Prop Exchg 100‐99‐901‐8410
25 Fund 201 ‐ Cap Imp Sheer Prop Exchg 201‐75‐215‐0101
26 ARPA ‐ Salaries 120‐10‐001‐4101 45,092.00 27 ARPA ‐ FICA/Medicare 120‐10‐001‐4201 640.00 28 ARPA ‐ CAUI/CBUI Tax 120‐10‐001‐4204 3,366.00 29 ARPA ‐ Consulting 120‐10‐001‐5120 250,000.00 30 ARPA ‐ Projects 120‐10‐001‐7120 2,870,000.00 31 Battery Backup Tower 503‐13‐001‐7420
32 Contracted Services ‐ HR Comp Study 100‐12‐060‐5120
Date
Date
Date
Date Received in Finance Division Activity Budget Adjustment # 2/22/2022 Finance Mid‐Year Budget Adjustment ‐ Expenditures BA‐20 Reason for Request
Source of Funding Type of Transfer Mid‐Year Budget Adjustments
Amount
Description Fund Account Number Project# Project Phase/Task Increase 100 100‐12‐060‐5811 50,000
100 100‐14‐015‐5300 $ 50,000
201 350,000
100 150,000
4,000
30,000
149,000
121,000
20,000
9,000
2,000
645,040
150,000
150,000
60,000
350,000
40,000
40,000
2,000
100,000
100 60,000
503 25,000
120
120
120
120
120
Tim Przybyla 2/22/2022
Prepared by (print name and initial) Date Director of Finance Signature Division Requesting Change: Finance Division Action:
Division Head Signature Date Accounting Manager Signature 2/22/2022
Resolution Number Council Meeting Date City Manager Signature The above information has been reviewed, is complete and accurate and the appropriations City Council Action: City Manager Action:
9,600
23,000
23,000
23,000
23,000
100
100
100
100
100
100
138
150
407
201
202
100
422
422
202
100
100
201
100
201
100
From Existing Budget Appropriations
From Donations, Fees or Grants
From Unappropriated Fund Balance
Intra-Division Transfer (within a division)
Inter-Division Transfer (between divisions)
Interfund Transfer (between funds)
Approved Disapproved Not Required Approved Disapproved Not Required 435
BUDGET TRANSFER/REVISION REQUEST FORM
Decrease
1 Propert Taxes
2 Property Tax In‐Lieu of VLF
3 Property Transfer Tax
4 Sales and Use Taxes
5 Franchise‐ PG&E
6 Franchise ‐ Garbage
7 Damaged Property Repair Recovery
8 General Plan Impact Fee
9 Sale of Property
10 Inferfund Charges ‐ Police
11 Inferfund Charges ‐ Engineering 241,000.00 12 American Recovery Plan Act (ARPA) 2,911,405.00 13 P‐6 District Fund ‐ Special Assessments
14 Operating Transfers In from General Fund
15 CFD ‐ Neighborhood Parks & Landscape
16 CFD ‐ Stormwater Maintenance
17 18
19 20
21 22
23 24
25 26
27 28
Date
Date
Date
2/22/2022
Resolution Number Council Meeting Date City Manager Signature 100‐2104
100‐3201
100‐3220
100‐3222
100‐3376
100‐3395
100‐3801
100‐5911
100‐5914
120‐3120
150‐3207
201‐6950
411‐3234
322‐3235
Prepared by (print name and initial) Date Director of Finance Signature The above information has been reviewed, is complete and accurate and the appropriations City Council Action: City Manager Action:
Division Requesting Change: Finance Division Action:
Division Head Signature Date Accounting Manager Signature Tim Przybyla 2/22/2022
120
150 757,500
201 546,000
411 746
322 108,726
100 40,000
100 18,000
100 119,698
100 645,040
100
100 200,000
100 800,000
100 90,000
100 226,000
100 100‐3101 $ 400,000
100 100‐3103 170,000
Amount
Description Fund Account Number Project# Project Phase/Task Increase Source of Funding Type of Transfer Mid‐Year Budget Adjustments
Date Received in Finance Division Activity Budget Adjustment # 2/22/2022 Finance Mid‐Year Budget Adjustment ‐ Revenues BA‐20 (continued) Reason for Request
From Existing Budget Appropriations
From Donations, Fees or Grants
From Unappropriated Fund Balance
Intra-Division Transfer (within a division)
Inter-Division Transfer (between divisions)
Interfund Transfer (between funds)
Approved Disapproved Not Required Approved Disapproved Not Required 436
Minimum Fund Balance Policies
The City’s Budget Policies require the City to strive to maintain the following fund balances:
1) 20% 30% of the annual operating expenditures in the General Fund’s Unassigned Fund Balance for emergencies and unforeseen operating or capital needs. The primary purpose of this reserve is to protect the City’s essential service programs and funding requirements during periods of economic downturn (defined as a recession lasting two or more years) or other unforeseen catastrophic costs not covered by the annually budgeted Contingency Reserve.
437
STAFF REPORT
Approved and Forwarded to the City Council
DATE: February 22, 2022
TO: Joshua McMurray, City Manager
FROM: Kenneth W. Strelo, Planning Manager
SUBJECT: Second Continued Public Hearing for McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza Conditional Use Permit (CUP 03-20) and Design Review (DR 09-20) – Request for approval to construct and operate a 4,365 square foot quick serve restaurant with dine-in and drive-through service; APN 035-510-006 Summary
This is a second continued public hearing on an application by Core States Group (“Applicant”) requesting Design Review (DR 09-20) approval to develop an approximately 1.7-acre parcel within the Laurel Plaza shopping center with a new 4,365 square foot quick serve restaurant with dine-in and drive-through service. Applicant also requests approval of a Conditional Use Permit (CUP 03-20) to operate the drive-through service use (“Project”). The project site consists of an existing parcel fronting on Laurel Road and within the Laurel Plaza Shopping Center, which is located on the northwest corner of Laurel Road and O’Hara Avenue. The site is zoned RB (Retail Business) District. APN 035-510-006.
Staff Recommendation
Staff recommends the City Council approve the project titled, “McDonald’s DriveThrough Quick Serve Restaurant at Laurel Plaza Conditional Use Permit (CUP 03-20) and Design Review (DR 09-20),” as conditioned.
Fiscal Impact
None. This is a developer funded account. All Staff time and City of Oakley generated materials are charged to the account.
Background
April 27, 2021 Public Hearing
This item was originally heard by the City Council on April 27, 2021. The April 27, 2021 Staff Report is attached and should be referred to for the following information regarding the project:
438
Subject: Second Continued Public Hearing for McDonald’s Drive-Through Quick Serve Restaurant Date: February 22, 2022
Background, including General Plan Land Use Designation, Zoning District, Entitlement History of the Laurel Plaza Shopping Center, and Existing Conditions and Surrounding Uses;
Project Description, including the Proposed Conditional Use Permit, and Proposed Design Review;
Environmental Review; and
Analysis, including the Conditional Use Permit and Design Review.
Items from the April 27, 2021 Staff Report that are included in this continued Staff Report include the Summary, Staff’s Recommendation, attachments, and list of items in the City Clerk’s Reading File. Some attachments listed in the April 27, 2021 Staff Report are now attached to or referenced in this Staff Report only, while others are not attached to either but remain a part of the public record.
On April 27, 2021 during the Regular Oakley City Council Meeting the City Council continued the item to a date certain (May 25, 2021), per recommendation by the City Attorney. The main reason for this recommendation was the unavailability of a key member of the applicant’s technical team related to the traffic study. An oral presentation was not provided by Staff, and the City Council did not deliberate on the project, but the public hearing was opened to allow public comments via the call-in line.
The City Council received verbal public comments over the call-in line, and also acknowledged receipt of several public comments received via the online submittal portal both prior to and on the day of the meeting. In addition to the comments received via the online portal, the City Council received a letter from Jessica L. Blome of Greenfire Law, PC on April 26, 2021. Since many of these comments were received after completion of the agenda and project packet, Staff drafted a memo to summarize and respond to the comments received up until 2:30 P.M. on the day of the public hearing. That memo was made available prior to the April 27, 2021 public hearing and is attached to this Staff Report. The applicable minutes for item 5.1 from the April 27, 2021 City Council Meeting are also attached for additional reference.
May 25, 2021 Continued Public Hearing
The City Council continued the public hearing on May 25, 2021. The Staff Report from that hearing item is attached. As with the April 27, 2021 Staff Report, items listed as attachments are not separately included, and instead have been made direct attachments or references to this February 22, 2022 Staff Report, as necessary, or have been excluded and remain a part of the public record. The applicable minutes from the May 25, 2021 public hearing are also attached.
After receiving the staff report and presentation, the City Council received public comment, asked questions of the City Attorney, Staff, technical experts, and the 439
Subject: Second Continued Public Hearing for McDonald’s Drive-Through Quick Serve Restaurant Date: February 22, 2022
applicant, and then deliberated on the project. At the end of deliberations, the City Council directed Staff to require a supplemental analysis that focused on the pedestrian safety and any potential impacts to the nearby land uses, specifically with Laurel Elementary School on Mercedes Lane. The Council also directed Staff to bring the completed supplemental analysis back to the Council for a work session discussion, which was eventually scheduled for the January 25, 2022 Regular City Council Meeting.
January 25, 2022 Laurel Plaza Supplemental Traffic Operations Analysis Assessment Work Session
On January 25, 2022, the City Council held a work session to discuss the traffic analysis requested at the May 25, 2021 public hearing. Staff hired Fehr and Peers to conduct the additional analysis and funded the studies through a pass-through account paid for by the two project applicants and property owner. Only City Staff managed the study from start through to the final document. The Staff Report from that Work Session is attached for reference, and it includes summaries of the data collected, review of the site plans, and conclusion recommendations to enhance operations of the proposed projects and nearby public right of way. The draft minutes from that meeting can be found as a consent calendar item on this meeting’s Agenda (February 22, 2022 City Council Agenda Item 3.3).
At the conclusion of the Work Session, the City Council individually provided feedback to Staff and the applicants. Some feedback required actions on the part of both project applicants (McDonald’s and Quick Quack) through implementation of the recommended enhancements to their respective sites and working with City Staff on solutions to implement the recommended off-site improvements. For McDonald’s those on-site enhancements included:
Eliminating spaces 35, 36, and 37 to increase the drive-through throat depth and accommodate additional vehicle queues.
Shifting the drive-through pedestrian crossing to the east, bulb out the pedestrian areas adjacent to the crossing, and incorporate a raised crossing to improve pedestrian visibility. Additionally, including a 10-to15-foot pedestrian barrier (i.e., fence) to the right of pedestrians exiting the McDonald’s building to increase visibility to vehicles exiting the drive-through.
Providing at least four bicycle parking spaces.
Other recommended enhancements included installing signs within Laurel Plaza to deter non-customers from using Laurel Plaza as student drop-off and pick-up. There were also three recommended off-site enhancements as follows:
Modifying the traffic signal phasing and timing to install leading pedestrian intervals at the intersection to improve pedestrian visibility and reduce potential conflicts between pedestrians and vehicles.
440
Subject: Second Continued Public Hearing for McDonald’s Drive-Through Quick Serve Restaurant Date: February 22, 2022
Installing blank out “No Turn on Red” signage for the eastbound and southbound approaches. This signage should be operational during school pick-up and dropoff periods only. Installing high-visibility crosswalks with advanced stop bars for all crosswalks.
Modifications to Plans
The applicant has made several modifications to the plans to address the recommendations in the supplemental traffic study as summarized below:
Applicant has eliminated parking spaces 35, 36, and 37 in order to increase drive-through throat depth and better accommodate additional vehicle queues so they don’t interfere with parking space access. Figure 1 shows a before and after for this area of the site plan.
Figure 1. Before and After Drive-Through Queue Portion of Site Plan Previous Plans Current Plans
Applicant has shifted the drive-through pedestrian crossing to the east, has bulbed out the pedestrian areas adjacent to the crossing, has incorporated a raised crossing to improve pedestrian, and has included a pedestrian barrier adjacent to the drive aisle. Figure 2 (next page) shows a close up of the redesigned area of the site plan with applicable notes from plans. 441
Subject: Second Continued Public Hearing for McDonald’s Drive-Through Quick Serve Restaurant Date: February 22, 2022
Figure 2. Close Up of Drive-Through Pedestrian Crossing Area with Notes Applicant has added bike parking spaces, which are located between the building and drive-through ordering boards. Refer to Figure 1, “Current Plans” – Notation “X”.
Drive-Through Screen Wall
In response to a City Council comment received during the January 25, 2022 Work Session, the applicant has included a detail on their plans that show the drive-through screen wall as a 3-foot high solid wall consisting of a stucco exterior colored to match the main building. This wall will eventually be mostly screened from the non-drive through side due to landscaping, but the existence of the solid wall should provide additional deterrence from pedestrians potentially cutting through the drive-through lane other than at the striped crosswalk at the eastern end.
Building Design and Architecture
The applicant has modified the building architecture from what was presented at the May 25, 2021 public hearing. The revised architecture has the same base color scheme but with a darker stone veneer. Other changes include the addition of a main pyramid roof on a raised architectural feature at the main pedestrian entrance, a gabled raised architectural element that faces the interior of the center, and two other raised elements that carry the veneer all the way up and around the back side where it is above the roofline. Figure 3 (next page) shows the previous and current proposed colored renderings of the building from all four sides. “F” – Proposed raised
pedestrian crosswalk.
“K” – Proposed guardrail /
handrail with pickets.
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Subject: Second Continued Public Hearing for McDonald’s Drive-Through Quick Serve Restaurant Date: February 22, 2022
Figure 3. Previous and Current Proposed Colored Renderings Analysis
Original Analysis and Recent On-Site Recommendations
The original analysis for the project is included in the April 27, 2021 Staff Report. That analysis is based on factual information and technical studies and the adopted design standards and applicable land use regulations. Since that analysis was conducted, the Supplemental Traffic Study was produced and discussed during the January 25, 2022 Work Session. The on-site recommendations from that work session that were incorporated into the McDonald’s plans include: 1) the removal of three parking spaces near the rear of drive-through queue; 2) safety enhancements to the drive-through pedestrian crossing by shifting it east, raising it, and deterring pedestrians from crossing the drive-through further west by installing a barrier that funnels people to the crosswalk; and 3) inclusion of bike racks.
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Subject: Second Continued Public Hearing for McDonald’s Drive-Through Quick Serve Restaurant Date: February 22, 2022
Other Recommendations (Shopping Center of Off-Site)
Other recommendations were included in the supplement traffic study, including the recommendation to install signs within Laurel Plaza to deter non-customers from using the shopping center for drop-off and pick-up of school children, and a few off-site enhancements for the intersection of Laurel Road and Mercedes Lane. Since the use of the site for student drop-off and pick-up is a private property matter that comes down to how the property owner wants to manage the public access to the property, this can remain a recommendation, but should not be a condition of approval for the land use entitlements. Likewise, the proposed enhancements related to off-site improvements do not fall solely on the proposed use, especially since Laurel Plaza was already approved for similar square footage and higher vehicle trips rate, which was publicly adopted through the CEQA Mitigated Negative Declaration process.
Laurel Plaza is one commercially zoned property amongst the four corners at Laurel Road and O’Hara Avenue and build out of the City under the current General Plan would include all four corners being developed with commercial uses. The observations with school drop-off and pick-up identified in the supplemental traffic study, such as vehicles queuing on Laurel Road from Mercedes Lane and students being dropped off/picked up or walked to school from the Laurel Plaza parking lot, are occurring whether Laurel Plaza is further developed or not. The enhancements being recommended in the supplemental traffic study, such as modifying traffic signal timing, installing “no turn on red” signage, and installing high visibility crosswalks with advanced stop bars are additional potential benefits to the City of Oakley, but not directly required as mitigation or a condition of development for Laurel Plaza. Staff is recommending the City not include any of the off-site recommendations as conditions of approval for either of the McDonald’s or future projects in Laurel Plaza, unless any required future studies find a nexus between the use and the potential impact.
Community Benefit Program
In recognition that the off-site traffic-related enhancements are not adopted mitigation measures or proposed as conditions of approval, the Applicant has provided Staff written confirmation that they agree to initiate the City of Oakley’s Community Benefit Program to implement the off-site enhancements as recommended by the City of Oakley Public Works and Engineering Department. Since participation in the Community Benefit Program is neither a condition of approval nor a factor in a project’s findings, the applicant participating in it offers a solution for the applicant to share in the completion of the off-site enhancements without them being tied directly to the project.
This would result in both a benefit to the community and avoid any precedent being established of requiring private development projects to implement additional off-site enhancements not related to any CEQA mitigation or the proposed use’s direct impacts.
Although the Community Benefit Program is 100% voluntary, it would be the best option in implementing some of the off-site enhancements recommended in the supplemental traffic study without direct costs to the City.
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Subject: Second Continued Public Hearing for McDonald’s Drive-Through Quick Serve Restaurant Date: February 22, 2022
Conditional Use Permit
The Conditional Use Permit approval is required for the drive-through and not the food service itself. Regardless of the type of drive-through use, the analysis would objectively focus on site design, traffic and circulation impacts, and other items related to the drive-through, but not on the type of food being served, or the company proposing to operate the business. The findings required for approval of a conditional use permit are found in Oakley Municipal Code Section 9.1.1602, part “f”. In summary, they require an analysis to ensure the following (paraphrased standards):
The site is big enough and shaped correctly for the use’s development; The streets accessing the site can accommodate the use’s generated traffic; The proposed use is designed to be compatible with the intended character of the area and won’t change the essential character of the area from that intended by the General Plan and applicable zoning;
The proposed use provides for the continued growth and orderly development of the community and is consistent with various elements of the General Plan; and The proposed use complies with CEQA.
The required findings can be made for the proposed drive-through. 1) The site is adequate in size and shape to accommodate the proposed use and all yards, spaces, wall and fences, etc. to adapt the land use to those I the neighborhood. The applicant has shown the site can handle substantial queues in the drive-through and has implemented recommended n-site safety enhancement to further strengthen the compliance with the required finding. 2) Laurel Road and O’Hara Avenue are both arterials within the City of Oakley and ultimately designed to handle not only the traffic generated by this proposed drive-through use, but also build out of the entire City of Oakley. 3) The intended character of the area is for commercial uses. The proposed use is not only compatible with the intended character, but is a commercial use specifically conditionally permitted within the applicable zoning district or RB (Retail Business) District. 4) The proposed use will provide for the continued growth and orderly development of the community, in that it has been designed to meet all applicable zoning regulations and building code requirements, including ADA accessibility, and the building design is subject to discretionary Design Review approval. 5) The use complies with CEQA, as explained in the previous proposed findings, in that the project falls within the scope of the original Laurel Plaza Shopping Center Initial Study/Mitigated Negative Declaration (SCH #2008012068), and applicable mitigation measures from that MND will also apply to the proposed project.
For the reasons stated above and included in the attached proposed resolution, Staff recommends approval of the Conditional Use Permit to operate a drive-through use, as conditioned.
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Subject: Second Continued Public Hearing for McDonald’s Drive-Through Quick Serve Restaurant Date: February 22, 2022
Design Review
The building has been modified since the previous public hearing in a manner that uses the same color scheme, but adds a darker and more prominently used stone veneer, and a standing seam metal roof where applicable. The removal of the three parking spaces and shifting of the drive-through pedestrian crossing benefit the overall site functionality and vehicular and pedestrian safety. Overall, the building modifications and enhancements to the site plan are improvements over the previously submitted plans.
The overall site planning meets required setbacks, circulation and parking, landscape, and buffer requirements, and locates the trash enclosure in a manner where it has minimal interference with the proposed use and other nearby uses. Architecture and massing of the building meets the criteria as found in the adopted Oakley Commercial and Industrial Design Guidelines. Roof top equipment is screened from public view. The site is adequately landscaped, including the addition of trees for aesthetic and parking lot shade, and a screen wall to soften the appearance of cars queued in the drive-through.
Lighting is sufficient, and as conditioned, will provide additional pedestrian safety. Finally, the streetscape is existing and already in compliance with the standards for review.
Findings
Draft findings for the Conditional Use Permit and Design Review can be found in the proposed resolution.
Staff Recommendation
Staff recommends the City Council approve the project titled, “McDonald’s DriveThrough Quick Serve Restaurant at Laurel Plaza Conditional Use Permit (CUP 03-20) and Design Review (DR 09-20),” as conditioned.
Attachments
1. Vicinity Map
2. Notice of Public Hearing
3. Project Staff Report from April 27, 2021 City Council Meeting (without attachments) (Item 5.1)
4. City Council Minutes from April 27, 2021 for Item 5.1 (excerpt)
5. Project Staff Report from May 25, 2021 City Council Meeting (without attachments) (Item 3.1)
6. City Council Minutes from May 25, 2021 for Item 3.1 (excerpt)
7. City Attorney Memo to City Council dated May 17, 2021
8. Laurel Plaza Supplemental Traffic Operations Analysis Assessment Work Session Staff Report from January 25, 2022 City Council Meeting (without attachments) (Item 7.1)
9. Applicant’s Plans
10.Proposed Conditional Use Permit and Design Review Resolution 446
Subject: Second Continued Public Hearing for McDonald’s Drive-Through Quick Serve Restaurant Date: February 22, 2022
Available Online or at City Hall for Viewing
1. Oakley McDonald’s and Quick Quack Traffic Analysis, dated March 15, 2021:
(https://www.ci.oakley.ca.us/wp-content/uploads/2021/04/McDonalds-and-QuickQuack-Traffic-Analysis_03-15-2021.pdf
2. Laurel Plaza Supplemental Traffic Operations Analysis Assessment, dated January 7, 2022: (https://www.ci.oakley.ca.us/wpcontent/uploads/2022/01/Laurel-Plaza-Supplemental-Traffic-OperationsAnalysis-Assessment_2022-01-07.pdf) Any other documents referenced in this Staff Report or in other documents made a part of this project’s public record can be requested from the City of Oakley Planning Division.
447
Vicinity Map
McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza Conditional Use Permit (CUP 03-20) and Design Review (DR 09-20)
APN: 035-510-006
448
City of Oakley
3231 Main Street
Oakley, CA 94561
www.oakleyinfo.com
NOTICE OF PUBLIC HEARING
Notice is hereby given that on February 22, 2022 at 6:30 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Oakley will hold a Public Hearing at the Council Chambers located at 3231 Main Street, Oakley, CA 94561 for the purposes of considering an application for a Conditional Use Permit and Design Review as described below:
Project Name: Second Continued Public Hearing for McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza Conditional Use Permit (CUP 03-20) and Design Review (DR 09-20).
Project Location: North of Laurel Rd. within the Laurel Plaza Shopping Center. APN 035-510-006.
Oakley, CA 94561
Applicant: Core States Group (Zach Michels), 6500 Chippewa St., Ste. 200, St. Louis, MO 63109. [email protected].
Request: Second continued public hearing on an application by Core States Group (“Applicant”) requesting Design Review (DR 09-20) approval to develop an approximately 1.7-acre parcel within the Laurel Plaza Shopping Center with a new 4,365 sf. quick serve restaurant with dine-in and drivethrough service. Applicant also requests approval of a Conditional Use Permit (CUP 03-20) to operate the drive-through service use (“Project”). The project site consists of an existing parcel fronting on Laurel Road and within the Laurel Plaza Shopping Center, which is located on the northwest corner of Laurel Road and O’Hara Avenue. The site is zoned RB (Retail Business) District. APN 035-510-006.
How to Review: The Staff Report and its attachments will be available for public review, on or before February 17, 2022 at City Hall, 3231 Main Street, Oakley, CA 94561 or online at www.ci.oakley.ca.us/agendas-minutes-videos-archive/ by navigating to the February 22, 2022 agenda and clicking the project title link. (Note: City Hall is closed on the 1st and 3rd Fridays of each month). Interested persons are invited to submit written comments prior to and may testify at the public hearing. Written comments may be submitted to Kenneth W. Strelo, Planning Manager at the City of Oakley, 3231 Main Street, Oakley, CA 94561 or by email to [email protected].
NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at a Public Hearing described in this notice or in written correspondence delivered to the City of Oakley City Clerk at, or prior to, the Public Hearing. 449
STAFF REPORT
Approved and Forwarded to the City
DATE: April 27, 2021
TO: Bryan Montgomery, City Manager
FROM: Kenneth W. Strelo, Principal Planner
SUBJECT: McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza Conditional Use Permit (CUP 03-20) and Design Review (DR 09-20) – Request for approval to construct and operate a 4,365 square foot quick serve restaurant with dine-in and drive-through service; APN 035-510-006
Summary
This is an application by Core States Group (“Applicant”) requesting Design Review (DR 09-20) approval to develop an approximately 1.7-acre parcel within the Laurel Plaza shopping center with a new 4,365 square foot quick serve restaurant with dine-in and drive-through service. Applicant also requests approval of a Conditional Use Permit (CUP 03-20) to operate the drive-through service use (“Project”). The project site consists of an existing parcel fronting on Laurel Road and within the Laurel Plaza Shopping Center, which is located on the northwest corner of Laurel Road and O’Hara Avenue. The site is zoned RB (Retail Business) District. APN 035-510-006.
Staff Recommendation
Staff recommends the City Council approve the project titled, “McDonald’s DriveThrough Quick Serve Restaurant at Laurel Plaza Conditional Use Permit (CUP 03-20) and Design Review (DR 09-20),” as conditioned.
Fiscal Impact
None. This is a developer funded account. All Staff time and City of Oakley generated materials are charged to the account.
Background
General Plan
Commercial (“CO”) - This designation allows for a broad range of commercial uses typically found adjacent to residential neighborhoods, downtowns, and freeways. The particular form of commercial zoning for different areas of the City will depend, among other factors, on the characteristics of surrounding land uses. General types of 450
Subject: McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza Date: April 27, 2021
commercial uses include retail and service facilities, and limited office uses. Through sensitive design, commercial uses can be located near single-family residences with minimal disruption or impact. Typical uses will vary widely in size and purpose and include large-scale retail, regional-serving retail, grocery and convenience stores, salons, professional offices, restaurants, drug stores, dry cleaners, post office facilities, banks, and other uses of similar character and impacts. (City of Oakley 2020 General Plan).
Zoning
Retail Business District (RB) – The purpose of the RB District is to retain small-scale businesses and facilities that will provide a wide range of services to adjacent neighborhoods and to the community as a whole. Properties in the RB District are intended for small-scale developments that are adjacent to, or within the vicinity of, residential districts. The RB District is found to be compatible with the CO General Plan Designation per Table 2-6 of the General Plan (General Plan/Zoning Compatibility Matrix). The RB District use allowances and development regulations are found in Oakley Municipal Code (OMC) Section 9.1.504.
Entitlement History
The Laurel Plaza shopping center was first approved by the City Council on March 11, 2008 through the adoption of Resolution No. 24-08. The approval included the following: 1) Rezoning the property from Neighborhood Business (remnant County zone) to Retail Business (valid City zone), 2) a Tentative Map to subdivide the 7.01-acre site into 5 commercial lots, 3) a Conditional Use Permit for a Rite Aid with a drivethrough, and 4) a Development Plan for the Rite Aid with a drive-through.
Subsequent entitlements approved by the Planning Commission on April 21, 2008 (PC Resolution No. 05-08) covered development of the remaining parcels within the center, including: a bank (existing), grocery store (Fresh and Easy, since withdrawn), drivethrough (tenant not known at the time), and retail pad buildings. The drive-through building approved with this plan was designed as a multi-tenant building with included drive-through component. Since the above approvals, the Rite Aid on the corner never came to fruition, and the Fresh and Easy withdrew their application; however, the site was developed with all off and on site infrastructure when the first building housing the BAC Community Bank was constructed on the most western parcel of the site.
On May 9, 2017, nearly 9 years after the last entitlements and with nothing but the bank moving forward with development, the City Council approved a Conditional Use Permit and Design Review for the Laurel Plaza Mini-Mart and Gas Station. This approval included a 25 foot by 80 foot car wash tunnel to be located in a north/south orientation and on the west side of the store. Free-use outdoor vacuums were also approved.
Today, the gas station is existing, but decided to forego the car wash and vacuums. 451
Subject: McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza Date: April 27, 2021
Existing Conditions and Surrounding Land Uses
The approximately 1.7-acre project site is located on the north side of Laurel road, approximately 320 feet west of the Laurel Road and O’Hara Avenue intersection. The site is part of a larger 7.01-acre Laurel Plaza commercial shopping center. The current site is improved with a bank, gas station and
mini-mart, parking lot and drive aisles, onsite landscaping, frontage improvements along Laurel Road and O’Hara Avenue, and
several graded pad areas for future
commercial development.
The site is located on a main City arterial,
Laurel Road, and is adjacent to a residential
neighborhood to the north and west. The
corner site properties to the south, across
Laurel Road, and to the east across O’Hara
Avenue are of the same General Plan Land
Use Designation and Zoning, and currently
vacant. The large vineyard located kittycorner and on the southeast corner of the intersection is of the same General Plan
Land Use Designation, but zoned General Commercial District (C). The active vineyard encompasses the entire parcel. Figure 1 (left) shows an aerial view of the site from the Contra Costa County GIS website (https://ccmap.cccounty.us).
Project Description
Proposed Conditional Use Permit
Approval of a Conditional Use Permit (CUP) is required in order to establish a “Drivethru Restaurant and Services” use in the RB District (OMC Section 9.1.504(c)(9)). The CUP only applies to the “drive-through” component of the use. The restaurant component is permitted by right and not subject to any discretion.
CUPs are required in order to establish a land use within a zoning district that does not allow establishment by right, but does allow the granting of a land use permit after a public hearing (OMC Section 9.1.1602(f)). When approving or conditionally approving a CUP, the decision making body must make specific findings. Those findings relate to whether the site is adequate for the operation, whether the location can be accessed and the streets leading to it can handle the generated traffic, whether the use fits in with the intended character of the area as set forth in the zoning ordinance and General Plan, whether the use allows for continued growth and orderly development of the area and is consistent with various elements of the General Plan, and whether the proposed use and any conditions attached thereto are in compliance with the California Figure 1. Aerial of Project Site
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Subject: McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza Date: April 27, 2021
Environmental Quality Act (CEQA). The Analysis section of this Staff Report looks at the project in relation to these required findings in more detail.
Proposed Design Review
The Design Review Ordinance (OMC section 9.1.1604) sets forth duties to review, as well as procedures for review and approval of a Design Review application. OMC section 9.1.1604(d) requires Design Review approval for any structure that is above ground or alters the grade in any commercial district, and that the design review shall be undertaken by the Planning Commission1 and be heard as a public hearing. The proposed new development fits the criteria above and requires Design Review. The proposed design review covers all of the physical development of the project, such as the site development, architecture and elevations, landscaping and design of the storm water treatment.
Proposed Site Plan
The project proposed on the approximately 1.7-acre site includes one restaurant (4,365 square feet (sf.)) with drive-through, a parking lot with drive aisles and parking spaces, landscaping and lighting, and pedestrian walkways and pavement striping. About half of the parcel is already improved with parking and drive aisles, as this was done when the shopping center main drive aisles and parking were installed with the bank. There are driveways on each side of the site that enter from Laurel Road. These are shared driveways with each respective parcel to the east and west, and are also shared ingress/egress for the entire shopping center. Once in the shopping center, there are drive entrances into the McDonald’s parking lot, which also leads to the drive-through.
Table 1 provides a summary of the site plan information.
Table 1. Summary of Site Plan Information
Existing Proposed Total
Site 1.7 acres (apx.
74,443 sf. No change 1.7 acres (apx. 74,443 sf.
Building 0 sf. 4,365 sf. 4,365 sf.
Parking Spaces 51 20 71
Trees 48 13 58 (3 existing to be
removed)
Another aspect of the site plan is the pedestrian access and circulation. The project plans were analyzed in the “Oakley McDonald’s and Quick Quack Traffic Analysis” conducted by Kimley-Horn and Associates, Inc., dated March 15, 2021. That analysis found that there are many existing and proposed pedestrian facilities provided on- and off-site to assist with pedestrian access to the McDonald’s project site. Existing
1 City Council acts as the Planning Commission per Ordinance No. 06-09 453
Subject: McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza Date: April 27, 2021
pedestrian facilities include crosswalks, sidewalks, ADA ramps, and crossing guards for the Laurel Elementary School. Proposed pedestrian facilities include pedestrian pathways and ADA ramps that connect to the restaurant from both the sidewalk on Laurel Road and from the internal shopping center. The traffic analysis included a couple of recommendations related to lighting and signage, which are covered in more detail in the “Analysis” section of this Staff Report.
Proposed Architecture
The 4,365 sf, one-story restaurant building is rectangular in shape with a flat roof that includes a parapet to screen rooftop equipment. The main body uses stucco in two colors, which are “Fairview Taupe” by Benjamin Moore for the main building, and “Iron Ore” by Sherwin Williams for the wall accents. A beige colored cultured stone called “Foundation” by Hewn Stone is proposed along most of the building base with extension to the top of parapet in line with the three drive–through windows. Corner elements of the building are enhanced with wood-grain, aluminum vertical batten siding that reaches from the ground to the top of parapet. Aluminum canopies are proposed above windows and at entrances. Figure 2 shows a color rendering of the north (faces interior parking lot) and south (alongside main drive-through aisle and facing Laurel Road) elevations.
Figure 2. Color Rendering of North and South Elevations Environmental Review
The Laurel Plaza Shopping Center was analyzed pursuant to CEQA in an Initial Study resulting in a Mitigated Negative Declaration (IS/MND). The Notice of Determination (NOD) for the IS/MND (SCH #2008012068) was filed with the Contra Costa County Clerk and Governor’s Office of Planning and Research (OPR) on March 31, 2008. Mitigation Measures were adopted for the following impact categories: Aesthetics; Air Quality; Biological Resources; Cultural Resources; Hydrology and Water Quality; Noise; Transportation/Circulation; and Utilities and Service Systems. 454
Subject: McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza Date: April 27, 2021
Since the original CEQA analysis included development of the whole shopping center, changes from the original plan are only required to be re-analyzed where they may differ from the original project. In this case, the proposed project and the adjacent proposed project for a car wash were jointly analyzed for traffic-related impacts and compared to those originally analyzed. The potential traffic impacts were analyzed by Kimley-Horn and Associates, Inc. in a study titled, “Oakley McDonald’s and Quick Quack Traffic Analysis,” dated March 15, 2021. In addition to being conducted by Kimley-Horn, the study was peer reviewed by the City by TJKM Transportation Consultants.
Per the conclusion of the traffic study, the proposed project (includes the adjacent proposed car wash) would not result in any new traffic impacts compared to the previously approved project. The project would generate approximately 626 fewer trips daily, 28 fewer trips in the AM peak hour, and 22 fewer trips in the PM. The study also concluded the drive-through queue for the proposed project is sufficient and no site changes are recommended. The pedestrian analysis found adequate pedestrian circulation and recommended the addition of lighting and warning signage for drivers at the walkway that crosses the drive-through aisle.
Also, it is recommended to keep landscaping near the northwest corner of the parcel cut back and low to allow for better visibility.
Since there is no new mitigation required for this project, the project has been deemed to be within the scope of the previously adopted Mitigated Negative Declaration (SCH # 2008012068). No additional environmental review is necessary.
Analysis
Conditional Use Permit
The proposed use is defined as “Drive-through Restaurant and Services”, which is allowed in the Retail Business (RB) District with the approval of a Conditional Use Permit (CUP). The purpose of a CUP is to allow for uses that are not allowed by right, and to ensure that the proposed land use is compatible with the surrounding land uses in the neighborhood. In order to remain fair and objective, when analyzing a CUP application, Staff may not consider the type of food being offered for sale for drive-through restaurants (e.g. burgers, chicken, ice cream, coffee, etc.), specific brand or franchise behind the application, or whether the same business already exists in Oakley. In short, Staff allows the free market to play out, and focuses on analyzing the use, in this case a “drive-through”, in relation to the General Plan, applicable zoning district, and required findings for a CUP.
Conditional Use Permit Findings
Staff’s analysis finds that the proposed “Drive-through Restaurant and Services” use, as proposed and conditioned is found to be consistent with the required findings as found in 455
Subject: McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza Date: April 27, 2021
OMC Section 9.1.1602(f). Complete findings are found in the attached Proposed Resolution and summarized below:
The site is adequate in size and shape to accommodate the use; The site relates to streets and highways adequate in width and pavement type to carry traffic generated by the use;
The proposed use will be arranged, designed, constructed, operated, and maintained so as to be compatible with the intended character of the area as intended in the General Plan and applicable zoning;
The proposed use allows for the continued growth and orderly development of the community and is consistent with the various elements of the General Plan; and The proposed use, including conditions of approval, will be established in compliance with CEQA.
Design Review
The proposed plans were analyzed for consistency with the applicable development regulations in the Oakley Municipal Code and adopted City of Oakley Commercial and Industrial Guidelines (“Guidelines”).
Circulation/Parking
Vehicular access to the proposed McDonald’s is possible from two driveways that enter the shopping center off of Laurel Road. Both vehicular and pedestrian circulation was analyzed in the traffic study, including queuing for the drive-through. The traffic analysis found no issues with the on-site circulation. Queuing for the drive-through was found to be adequate. The model ran 1,000 iterations of demand from a Saturday night and found that 95% of the iterations result in a maximum of 13 vehicles or less. This is one more vehicle than the drive-through lanes are designed to queue, but the parking lot is able to handle this additional vehicle without any impacts to circulation or parking, or create any spillover into the main shopping center drive aisle or onto Laurel Road.
Pedestrian circulation and access to nearby sites is found to be adequate, and there are recommendations to further enhance pedestrian safety. Some existing pedestrian connectivity includes: signalized crosswalks at Laurel Road and Mercedes Lane intersection with ADA ramps at each end of the crosswalk; a crossing guard on the west leg of that intersection during school hours; and eastbound right turn restriction on red from Mercedes Lane during student activity. Pedestrian access to McDonald’s is possible from the existing sidewalk on the north side or Laurel Road, or from within Laurel Plaza. ADA ramps and marked crosswalks are both existing on the site, and proposed as part of the new development. Recommendations to further enhance pedestrian safety include additional lighting, visibility, and warning signage be provided where the pedestrian access crosses the drive-through aisle between Laurel Road and the building. In addition, it is recommended that the landscaping within the pedestrian 456
Subject: McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza Date: April 27, 2021
pathway, north of the drive-through entrance, allow for pedestrian visibility to oncoming vehicles traveling to and from the intersection of Laurel Road and Mercedes Lane.
On-site/off-street parking complies with the Oakley Municipal Code. The parking lot is proposed to accommodate 71 parking spaces, including 3 ADA spaces. OMC off-street parking requirements establish a minimum of 1 parking space per 150 sf. of net public area. The gross floor area (includes the net public area plus all other floor area) of the restaurant would require 29 spaces. 71 spaces is more than adequate and would provide additional shared parking for any future uses in the center.
Building Design
This section analyzes the proposed building’s compliance with applicable development regulations and design guidelines. The proposed rectangular building is 21.5 feet tall at the highest point of the parapet. OMC allows buildings up to 35 feet tall in the RB District; therefore, the proposed height complies with the municipal code. Maximum site coverage and floor area ratio2 (FAR) for the RB District are 40% and 1.0, respectively.
The building occupies approximately 6% of the site and since it is a single-story building, results in a FAR of approximately .06. The proposed site coverage and FAR, even with the trash enclosure, are well below the maximum allowances, and comply with the municipal code.
Architecture on the building consists of quality materials and is of a color palette that complements both the existing mini-mart and bank. The architectural style is different from the mini-mart and bank in that it does not include hipped roofs or any roof pitch or peaked elements, rather corner elements with a flat parapet roof. The proposed architecture combines the corporate theme with Oakley’s demand for secondary materials, such as the stone and wood-grain aluminum siding.
Design Review Findings
Staff’s analysis finds that the proposed site development and building design, as proposed and conditioned, is found to be meet the standards of review as found in OMC Section
9.1.1604(f). Complete findings are found in the attached Proposed Resolution and summarized below:
The overall site planning meets required setbacks, circulation and parking, landscape, and buffer requirements, and locates the trash enclosure in a manner where it has minimal interference with the proposed use and other nearby uses;
2 Floor area ratio is the ratio of floor area (not just building coverage) of a building or buildings to the site they occupy.
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Subject: McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza Date: April 27, 2021
Architecture and massing of the building meets the criteria as found in the adopted Oakley Commercial and Industrial Design Guidelines. Roof top equipment is screened from public view.
The site is adequately landscaped, including the addition of trees for aesthetic and parking lot shade, and a screen wall to soften the appearance of cars queued in the drive-through. Lighting is sufficient, and as conditioned, will provide additional pedestrian safety.
The streetscape is existing and already in compliance with the standards for review.
Findings
Draft findings for the Conditional Use Permit and Design Review can be found in the proposed resolution.
Staff Recommendation
Staff recommends the City Council approve the project titled, “McDonald’s DriveThrough Quick Serve Restaurant at Laurel Plaza Conditional Use Permit (CUP 03-20) and Design Review (DR 09-20),” as conditioned.
Attachments
1. Vicinity Map
2. Public Hearing Notice
3. Applicant’s Plans
4. Proposed Conditional Use Permit and Design Review Resolution
5. Staff Report Power Point Presentation
In City Clerk’s Reading File
1. Oakley McDonald’s and Quick Quack Traffic Analysis, dated March 15, 2021 458
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 April 27, 2021
Excerpt of Item 5.1
McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza Conditional Use Permit (CUP 03-20) and Design Review (DR 09-20) – Request for approval to construct and operate a 4,365 square foot quick serve restaurant with dine-in and drive-through service; APN 035-510-006. (Ken Strelo, Principal Planner)
Mayor Higgins called for public comments.
Online comments are summarized for the meeting record. Comments were submitted in opposition of approval of the conditional use permit by Melissa Emery, Andres Arenas, Erin Pina, Nicole Prins, Karyn Martin, Marco Batcha, Chrishan Ross, Mary Roney, Jessica Blome with Greenfire Law, PC, Renee Pearson, ShaiLynne Jensen, Karen Riach, Pamela Miller, Susan Menke, Jimmy Saliani, Lindsay Waters, Marissa Holder, Andrea Wacker, Diana Patterson, Priscilla Wiley, Lisa Sanchez, Veronica Mangante, Kerry Stewart, Susie Gillilan, Shelly Fitzgerald, Sean Ireland, Christine Dugan-Ihm, Laura Seeno, Eric Walters, Elsa Santiago, Japheth Hardy, Gregory Hetrick, Cary Hilt, Marci Lozoya, Eve Dooms, Ken and Lori Faulkenstrom, Valerie Ferreira, Stephanie Wessels and Tosha Gray.
Online comments submitted by Diane Merritt and Ross Hillesheim did not indicate their position.
Mr. Greg Hetrick submitted a written comment via email. Mr. Greg Hetrick submitted a written comment via email. Mr. Hetrick identified himself as the Superintendent of the Oakley Union Elementary School District (OUESD).
Mr. Hetrick wrote that the OUESD had reviewed the projects slated for construction on Laurel Plaza. The OUESD, and Mr. Hetrick, believed the projects would impact the district and the safety of the students.
Mr. Hetrick continued that there are over 1,000 students at both Laurel Elementary School and O’Hara Middle School. Transportation for those students continues throughout the day. Also, a large number of students 459
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leave both schools periodically throughout the school day. The safety of those children would be in jeopardy from the vehicle traffic generated by the Laurel Plaza project.
Mr. Hetrick closed his transmittal, stating the number one priority is protecting the safety and well-being of the children of Oakley. Mr. Hetrick noted that the restaurant construction at Laurel Plaza would be a detriment to the safety and well-being of the children.
Diane Merritt requested the City Council consider the neighborhood, not just revenue. She indicated McDonald’s portrays a squeaky clean image on the outside but reinforces eating bad foods through its marketing and there is no escaping it with placement of it directly across the street from an elementary school. She expressed it doesn’t meet school standards for healthy eating, accompanying pollution is not good for the neighborhood, and crime rates are higher around fast food outlets. She requested the City Council consider safety of the school and neighborhood in the surrounding location.
Mary Roney expressed concern regarding the special permit for the drivethrough and pedestrian crossing. She indicated increased traffic that would come with the establishment increases chances of an accident occurring.
She requested the City Council consider the impact on the neighborhood as the drive-through may be open 21 hours a day. She expressed she does not believe the City Council should set precedence to allow fast food restaurants to locate within school zones.
Ross Hillesheim commented he is a neighboring property owner and has had his business in Oakley for the past 10 years. He expressed support for the use. He mentioned comments shared indicate that people are clearly distinguishing between restaurants and fast-food; however, the type of restaurant is not something people have ability to discriminate against. He added that Laurel Plaza has been a commercial property for over 15 years and during the time of this pandemic, with jobs lost, it is not good precedence to set to not allow businesses that have been deemed essential.
Tosha Gray urged the City Council to take into serious consideration the surrounding community near the quick serve, drive-through in Laurel Plaza. 460
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She expressed concern regarding noise, blight, traffic, student and pedestrian safety, and the direct negative impact for the adjacent Woodglen neighborhood that has existed since 1985. She requested the City Council exercise its legal right to deny this conditional use permit.
Conan Moats reiterated it is within the City Council’s legal right to deny the conditional use permit as the issue is the drive-through and the drivethrough is not zoning protected. He implored the City Council to deny the conditional use permit for reasons including safety, negative dietary habits that would be promoted, traffic during school drop off times, precedence being set if the City Council is willing to grant a conditional use permit to any business wanting to change the zoning within the City, and homeowners adjacent to the drive-through that would encounter traffic at all hours. He expressed he would like to move forward positively and is not opposed to fast-food or other establishments as businesses are needed for revenue, but this process is wrong as it is not taking into issues into consideration. He mentioned the traffic report is 14 years old which provides an obsolete impact on the community. He expressed that he doesn’t appreciate people having to wait an hour to provide public comment and the Council should have made this item a priority.
Mr. Montgomery commented that cities are required to establish a zoning code which sets forth rules and regulations that inform property owners what can or cannot be done with property. He explained that this is a scenario where the applicant has proposed a project that meets all requirements and the applicant has provided all required studies, therefore staff must provide an objective review, not an emotional review. He mentioned for future projects, the City Council may want to choose to change the rules; however, the existing rules were adopted in 2004 when none of current City Councilmembers were here and it would not be fair to change the rules in the middle of the game on the applicant.
Conan Moats commented he believes it is improper for the City Manager to rebut a public comment.
Mr. Cole commented that the Mayor is calling for public comments and if the City Manager or City Attorney want to respond, they have ability to do so as ultimately they have to advise the City Council and it is the City Council that takes action. He mentioned at this point, anyone who has not 461
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already spoken may speak for 3 minutes and if anyone speaks that has already spoken, the line will be muted. He announced again that the item is being continued and will be heard in full on May 25. He asked that people whom have already spoken show courtesy to allow others to speak.
Chrishan Ross commented that she moved to Oakley because she thought that it had promise but is not finding a lot of trust building with this City Council. She expressed concern regarding interrupting a public meeting with a closed session item and having voices quieted and muted for the City Manager to speak on a topic when it was not his turn. She mentioned she is upset by the entire process as very concerned citizens expressing their positions should be good thing, but they are feeling stifled. She requested the City Council not shun people who want to speak on behalf of children and not put profit over children.
Eve Dooms commented that her children and others walk through Laurel Plaza en route to school and if children are going to use it, she wants it to be safe. She mentioned accidents in fast food drive-throughs happen a lot more than people know and with an elementary school 200 feet away, it is irresponsible for the City Council to think it is okay to allow this establishment with a drive-through as eating and driving is a distraction.
She urged the City Council to deny the conditional use permit if it cares about the children and recommended the Council watch the movie Super Size Me.
Shelly Fitzgerald commented that Mr. Hillesheim is correct that the City Council cannot distinguish the type of restaurant for laurel Plaza; however she and others are asking the City Council to deny the conditional use permit for the drive-through as there is no need for it directly across from the school. In relation to the applicant not being fully prepared this evening, she inquired if she were unable to attend the meeting tonight because she didn’t have her stuff together, if the item would have been delayed.
Mr. Cole commented that the City Council has an obligation to be fair to everyone, a lot of opposition came in today and yesterday via public comments, and it is actually fair as the applicant did not have the benefit of key consultant this evening. He mentioned no privilege is being given, it was a concern by himself and staff in the interest of being fair to all parties, as at the end of the day, it will help the City Council to make a more 462
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informed decision. He explained that staff suggested continuing the item in the interest of fairness. He shared that in land use decisions with some controversy, often they have continuance; he sees it in his practice and throughout the state. He added that courts often do the same to allow facts and issues in the interest of fairness. He shared he understands the frustration as people want to be heard and they are being heard now and will be heard again.
Kerry Stewart commented that many residents didn’t realize plans were happening across the street from the school and have spent the last couple of days just figuring out how to speak on the item.
Rick Onolfo commented that the McDonald’s shouldn’t be put in that area as it will create more traffic, accidents and noise and there is already a location near Walnut Meadows and Big Break Road. He mentioned he can hear the Popeye’s loud speaker beyond the railroad tracks. He expressed it is not fair to adjacent neighborhoods, nor to children who have to sleep and go school across the street to that school.
Roberto Estrada commented that the decision for the Chevron/7-Eleven was made during one night at the objection of residents. He mentioned the drive-through is inconsistent with the mission statement of the City and it is irresponsible to jeopardize the safety of the community. He shared he has been awakened 4 times this past month by drunks whom have purchased alcohol at the 7-Eleven and believes Laurel Plaza should be shut down at 10 p.m., the conditional use permit should allow dine-in only and close by 9 p.m., and the architecture should adhere to the same scheme of the bank.
Lindsay Waters commented she feels like their voices are being stifled as everyone has had to wait for over an hour to make comments when the City Council knows there are residents waiting to comment. She expressed she is not asking the City Council to reject business, but is requesting smart development. She mentioned drivers get distracted when coming out of the drive-through and elementary age children don’t have awareness maturity to be cautious of drivers. She added that this project could be fatal to development and she feels residents’ voices are not being heard. She commented that the City Attorney’s job is to protect the City Council and the traffic study is 14 years old. She suggested the applicant provide a more recent report.
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Paul Seger commented he is speaking again as a resident and in no other capacity. He thanked Mr. Montgomery for misrepresenting the facts of the project as the conditional use permit is not already approved for the drivethrough. He mentioned Vice Mayor Pope commented during the recent Strategic Planning that Empire and Laurel is the most dangerous intersection in Oakley and Laurel will be the main thoroughfare to Sellers, therefore, he cannot wrap his head around why the City Council would allow this business to make it the most dangerous area. He suggested the City Council take a close look at land use in its General Plan considering safety in this location with a drive-through and a gas station selling alcohol.
A public comment was made (name inaudible) comparing the Brentwood Sand Creek Road intersection area which is home to a Quick Quack car wash, McDonald’s, liquor store, and Dollar Tree, to Laurel Plaza. The person indicated it doesn’t meet this City’s vision and the City Council represents the people who voted for them so if there is consensus that the people don’t agree with it, the City Council should reject the conditional use permit for the drive-through and the Quick Quack car wash as well. --END
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STAFF REPORT
Approved and Forwarded to the City Council
DATE: May 25, 2021
TO: Joshua McMurray, Interim City Manager
FROM: Kenneth W. Strelo, Principal Planner
SUBJECT: Continued Public Hearing for McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza Conditional Use Permit (CUP 03-20) and Design Review (DR 09-20) – Request for approval to construct and operate a 4,365 square foot quick serve restaurant with dine-in and drive-through service; APN 035-510-006
Summary
This is a continued public hearing on an application by Core States Group (“Applicant”) requesting Design Review (DR 09-20) approval to develop an approximately 1.7-acre parcel within the Laurel Plaza shopping center with a new 4,365 square foot quick serve restaurant with dine-in and drive-through service. Applicant also requests approval of a Conditional Use Permit (CUP 03-20) to operate the drive-through service use (“Project”). The project site consists of an existing parcel fronting on Laurel Road and within the Laurel Plaza Shopping Center, which is located on the northwest corner of Laurel Road and O’Hara Avenue. The site is zoned RB (Retail Business) District. APN 035-510-006.
Staff Recommendation
Staff recommends the City Council approve the project titled, “McDonald’s DriveThrough Quick Serve Restaurant at Laurel Plaza Conditional Use Permit (CUP 03-20) and Design Review (DR 09-20),” as conditioned.
Fiscal Impact
None. This is a developer funded account. All Staff time and City of Oakley generated materials are charged to the account.
Background
This item was original scheduled to be heard by the City Council on April 27, 2021. The April 27, 2021 Staff Report is attached and should be referred to for the following information:
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Subject: Continued Public Hearing for McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza Date: May 25, 2021
Background, including General Plan Land Use Designation, Zoning District, Entitlement History of the Laurel Plaza Shopping Center, and Existing Conditions and Surrounding Uses;
Project Description, including the Proposed Conditional Use Permit, and Proposed Design Review;
Environmental Review; and
Analysis, including the Conditional Use Permit and Design Review.
Items from April 27, 2021 Staff Report that are included in this continued Staff Report include the Summary, Staff’s Recommendation, attachments, and list of items in the City Clerk’s Reading File. In order to avoid redundancy, attachments listed in the April 27, 2021 Staff Report are now attached to this Staff Report only.
April 27, 2021 Public Hearing
This item was scheduled to be heard by the Oakley City Council as Item 5.1 on the April 27, 2021 Regular Oakley City Council Agenda. Per the recommendation by Derek Cole, City Attorney, the City Council continued the item to a date certain (May 25, 2021). The main reason for this recommendation was the unavailability of a key member of the applicant’s technical team related to the traffic study. An oral presentation was not provided by Staff, and the City Council did not deliberate on the project, but the public hearing was opened to allow public comments via the call-in line.
The City Council also acknowledged receipt of several public comments received via the online submittal portal both prior to and on the day of the meeting. In addition to the comments received via the online portal, the City Council received a letter from Jessica L. Blome of Greenfire Law, PC on April 26, 2021. Since many of these comments were received after completion of the agenda and project packet, Staff drafted a memo to summarize and respond to the comments received up until 2:30 P.M. on the day of the public hearing. That memo was made available prior to the public hearing and is attached to this Staff Report. The minutes for item 5.1 from the April 27, 2021 City Council Meeting are also attached for additional reference.
Analysis
The technical analysis for the project is included in the April 27, 2021 Staff Report. That analysis is based on factual information and technical studies and compare those to the adopted design standards and applicable land use regulations. As a reminder, the Conditional Use Permit is for the drive-through and not the food service itself.
Regardless of the type of drive-through use, the analysis would objectively focus on site design, traffic and circulation impacts, and other items related to the drive-through, but not on the type of food being served, or the nutritional value of the menu. While those are important personal decisions for people to make, they are not required findings for approving a drive-through.
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Subject: Continued Public Hearing for McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza Date: May 25, 2021
There may be a general misconception that the traffic study only compares current traffic generated by the center versus what the use would create. The entire Laurel Plaza Shopping Center was previously studied for traffic impacts assuming build out of the center, which included drive-throughs. Mitigation measures were adopted and still apply to any project moving forward. In addition, the updated traffic study has found the proposed drive-through would generate less daily and peak-hour trips than what was originally anticipated.
Citizen Planning Advisor’s Comments
Emails were received by two of the Citizen Planning Advisors as quoted or summarized below:
“It seems the design criteria meet city requirements. Obviously, many Oakley citizens are unhappy with the anticipated businesses but that has nothing to do with our responsibilities as CPA.”
A second CPA stated they did not have any comments.
Findings
Draft findings for the Conditional Use Permit and Design Review can be found in the proposed resolution.
Staff Recommendation
Staff recommends the City Council approve the project titled, “McDonald’s DriveThrough Quick Serve Restaurant at Laurel Plaza Conditional Use Permit (CUP 03-20) and Design Review (DR 09-20),” as conditioned.
Attachments
1. City Attorney Memo to City Council dated May 17, 2021
2. Vicinity Map
3. Public Hearing Notice for April 27, 2021 Meeting
4. Applicant’s Plans
5. Project Staff Report from April 27, 2021 (without attachments)
6. City Council Minutes from April 27, 2021 for Item 5.1 (excerpt)
7. Memo to City Council “Summary of Public Comments Received with Staff Response”, dated April 27, 2021
8. Proposed Conditional Use Permit and Design Review Resolution
9. Staff Report Power Point Presentation
In City Clerk’s Reading File
1. Oakley McDonald’s and Quick Quack Traffic Analysis, dated March 15, 2021 467
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Excerpt of Item 3.1
Continued from April 27th. McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza Conditional Use Permit (CUP 03-20) and Design Review (DR 09-20) – Request for approval to construct and operate a 4,365 square foot quick serve restaurant with dine-in and drive-through service; APN 035-510-006 (Ken Strelo, Principal Planner)
Principal Planner Ken Strelo presented the staff report.
Mr. Cole explained that his memorandum supplementing the staff report addresses the comments received to date and the Council’s discretion to act. He mentioned the CUP is a quasi-judicial decision and the Council can consider the evidence and apply existing policies, including the laws of the General Plan and Zoning Ordinance as they exist today. He mentioned the question is whether the applicant has provided sufficient evidence that the project meets the 5 factors. He mentioned the project is subject to a CUP because of the drive-through; the issue is not whether there should or should not be a restaurant (fast food or otherwise) as it is already permitted. He mentioned evidence to be considered for the 5 factors requires some statement of fact, some relevant observation or something measurable that can be relied on; it does not include lay opinion.
McMurray mentioned Chris Kinzel with TJKM Transportation Consultants is on the line and available to address questions and comments made.
Project applicant Kevin McAuley with McDonald’s USA shared a presentation regarding the design and layout of the McDonald’s.
Ben Huie, Traffic Engineer with Kimley-Horn shared information regarding the traffic study they prepared for the project. He mentioned the traffic study previously prepared in 2007 analyzed multiple uses, including a fast food restaurant with e drive-through present and future conditions up to 468
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2025. He mentioned their analysis was to compare the trips generated from the previous project and the current project and if the current project did not generate more trips, the previous study would hold. He explained trip generation is not based on population, but rather square footage of the project. He shared the square footage of the current project is smaller than the previous project resulting in fewer daily and A.M. and P.M. trips generated. They concluded the project does not result in any new traffic impact. He mentioned there was a comment regarding Danville data. He explained that the Danville data was used to determine the amount of time it takes a person to go through the drive-through before the next person goes through and the data is not used to calculate trip generation.
Brad Goldblatt commented his family owns the other McDonald’s in Oakley and looks forward to opening this McDonald’s which will provide employment to over 60 people.
Chris Kinzel with TJKM Transportation Consultants shared TJKM provided a peer review of the 2007 study to look at trips generated and circulation.
He mentioned when the study was performed in 2007, it used the 7th edition of the reference manual and the 10th edition has updated data which was used in their analysis. He mentioned the size of the building as well as experience and studies are taken into account with the current data.
He mentioned they concur with the findings of the 2007 traffic study; it is accurate, reasonable and applies proper standards.
Vice Mayor Pope commented he will reserve his comments for later.
Councilmember Williams inquired if a real-time site study is ever conducted or if projects always rely upon data in manuals.
Mr. Huie responded that manuals are developed from data collected at fast food sites and averages are created from various studies. He mentioned because there is no McDonald’s currently on the site, they have to rely on this type of data.
Councilmember Williams inquired if the data takes into consideration school sites across the street from fast food restaurants in areas where there is already a lot of traffic. Mr. Huie responded the studies are conducted all across the nation, but there is no information provided regarding what the sites are located next to.
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Councilmember Williams indicated she will reserve her comments until after public comments.
Councilmember Fuller commented he is glad to see Mr. Strelo opened the door to mitigation and thanked Mr. McMurray for providing information regarding CEQA projects yesterday. He
shared he spent 30 hours studying documents to prepare for this meeting.
He inquired if a preliminary review was conducted in 2002.
Mr. Strelo responded the 2008 traffic study is for Laurel Plaza and there was nothing in the negative declaration for Laurel Plaza regarding a 2002 preliminary study. He mentioned it may have been based on the General Plan EIR and tiered off of that, but for the project itself, it was based on the 2008 traffic study.
Councilmember Fuller referenced page 4 of the initial study and mentioned it indicates there were significant issues with the project in January 2008, but because they have been mitigated, the project can move forward. He reference page 41 of the initial study that there will be an 8-foot fence to dispense noise. He inquired if the fence has been built.
Mr. Strelo responded he believes it refers to the existing wall between the residences and the plaza built on the north and western portion of the site which is between 8-10 feet at various locations of the site.
Councilmember Fuller commented that City standards for noise are in the Municipal Code, but he understands from the EIR that the City can impose stricter standards.
Mr. Strelo explained that the analysis requires what is adopted in the General Plan for different land use categories, both impacts that may be created by a project that is being proposed and impacts that may be put onto existing uses; for instance, the neighboring business, the Quick Quack, submitted an acoustical analysis which staff has asked them to revisit which looked at the sound impacts of the car wash and blowers on adjacent properties. He explained here, the sounds studies have already been done with the original study for the site and the sound wall exists. 470
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Councilmember Fuller inquired if stricter sounds controls were to be put in place, if it would be under the CUP.
Mr. Strelo responded that if it were done through the CUP, evidence would have to be found that the drive-through is creating sound above and beyond what the General Plan has adopted as the thresholds.
Councilmember Fuller commented he is discussing the drive-through, but provided an example if a lawnmower shop were located next to a funeral parlor, if sounds could be restricted through the CUP for the lawnmower shop.
Mr. Strelo commented if the sound exceeded the threshold there could be mitigation to reduce noise or the project could be redesigned to be under the threshold. He mentioned sound studies are not based on a single noise, but an average throughout the day and night.
Councilmember Fuller commented that hypothetically, the City could put conditions on the noise levels.
Mr. Strelo commented if the noise exceeds the threshold allowed in the General Plan, the City could put conditions on it to lower the noise under the threshold.
Councilmember Fuller inquired if this particular CUP can have conditions on it to reduce noise levels.
Mr. Strelo responded that there is no evidence that noise levels here exceed the General Plan threshold.
Councilmember Fuller mentioned that on page 44, it is marked that there will be no impact to schools. He inquired why it would say there is no impact on the schools with the project.
Mr. Strelo responded he is not aware which section Councilmember Fuller is referring to but if it is for public services, it includes fire and police impacts. He commented that he believes in California the payment of school impact fees is mitigation for any impact on schools and all of the City’s projects are subject to school impact fees.
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Councilmember Fuller commented that in all of the documents he has gone through, he sees Laurel Elementary School but he did not see mention of children, pedestrian safety of children, or any information requested for OUESD input. He inquired why there are no studies on children.
Mr. Strelo responded that he does not know why children are not mentioned in the study. He explained that the studies follow the protocol for traffic studies and in addition staff requested a pedestrian safety study be conducted which was amended into the traffic report.
Councilmember Fuller referred to page 47, showing that in 2008, this project would have a significant impact on traffic, but the 2017 report shows there was a decrease. He inquired why traffic would be shown to decrease.
Mr. Strelo explained that the original environmental study showed a cumulative impact on traffic and the mitigation for cumulative impacts on traffic is payment of both the City’s traffic mitigation impact fee and the County‘s traffic mitigation impact fee. He mentioned the new study or addendum to the study shows there are no new trips generated therefore there are no new impacts; however, the project is still subject to the original CEQA mitigation which is payment of the traffic mitigation impact fees.
Councilmember Fuller commented the initial study indicates that the project will have an impact on alternate transportation (other than cars) which is part of the General Plan. He asked Mr.Strelo to comment how to negate that.
Mr. Strelo responded he would like to review that portion of the initial study before trying to comment.
Councilmember Fuller referenced page 47 for Mr. Strelo. He also referenced page 63 regarding environmental effects which would cause substantial adverse effects on human beings directly or indirectly. He inquired why the study would say there are no impacts to elementary school children, human beings, going to and from school or around the project area. He mentioned from what he has read with the EIR, the City doesn’t have to worry about mitigation if it is marked less than significant impacts. He inquired if that is correct.
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Mr. Strelo responded there is no mitigation proposed if it is less than significant through project design or CUP. He indicated here, the initial study finds if there is less than significant impacts with mitigation then mitigation needs to be adopted to lower it to a less than significant threshold and if that does not lower it to a less than significant threshold, then an EIR is required and impacts must be disclosed. He mentioned there were no new findings that would suggest that there was evidence that there is a significant impact on parts A through D of that section.
Councilmember Fuller commented the school pedestrian traffic around the school was seen as a less than significant impact.
Mr. Strelo responded that he is pretty sure what was seen is that this project includes frontage improvement which include sidewalks, signalized intersections, a signalized crosswalk, and school drop off zones. He mentioned he is partially speculating because he does not have the document in front of him, but it was found that there were no significant impacts to the site which is commercial.
Councilmember Fuller referred to page 25 which addresses habitat impact, but when he went through the biological report, it said approximately 9 specific species would be impacted but would not live there. He inquired if a report says an animal or flower will not live at the project site if that is sufficient for mitigation.
Mr. McMurray commented that the General Plan provides guidance as to potential habitat and it is very common for sites that have some habitat potential, additional studies are done to determine if there is suitable habitat and additional analysis is done on a case-by-case basis as projects come through. He mentioned the General Plan may have said there is some sensitive habitat here, but when the initial study was done, there was no finding of suitable habitat. He mentioned it is not uncommon before grading that the project must undergo a preconstruction survey; if no suitable habitat exists, grading may be commenced; if suitable habitat exists, they will have to follow additional measures.
Councilmember Fuller referred to the 2008 addendum which shows there will be a significant increase in noise. He referred to page 20 which refers to no impact on the schools under public services.
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Mr. McMurray explained the CEQA initial study has certain areas the State says have to be addressed including environmental review. He mentioned when the analysis is being done, they look at what has been done previously. He mentioned the City adopted its General Plan in 2002 and Environmental Impact Report which is very broad and addresses all of the impacts to the build out of the City in general. He shared that this site is designated commercial so when a subsequent environmental review is done, it is already assumed that the analysis has already been done in the General Plan and this site is assumed to hold the same capacity for commercial property today. He mentioned that is why when reviewing the Laurel Plaza study, Councilmember Fuller is finding no impact or less than significant impact because they have been previously analyzed and already disclosed.
Councilmember Fuller commented Mr. Strelo mentioned the 2002 report was not looked at, only the 2008 report, but Mr. McMurray is suggesting the 2002 report was looked at for impacts to the schools and it carries forward to 2008.
Mr. McMurray explained the site is already zoned commercial so it is assumed to hold all of the uses both permitted and conditionally permitted.
Councilmember Fuller asked Mr. Cole if he is bound to make decisions by what he sees as mistakes made by previous Councils in regard to proper mitigation in 2002.
Mr. Cole confirmed he is bound to those decisions. He pointed out that the restaurant is already a permitted use that does not require Council approval. He mentioned there have been a series of plans and approvals of that commercial site and CEQA was performed. He explained the way that CEQA works is that once finalized and not challenged, it creates the base for moving forward so any subsequent projects are looked at from what was studied and what is current; there is no going back to change the base line. He indicated as a general rule the Appendix G goes through checklists which is applied to the drive-through and they can only look at the difference of impacts from then to today. What staff and the consultants are saying is that what is proposed today doesn’t go beyond what was studied before and for what has gone beyond, it has been mitigated. 474
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Councilmember Fuller inquired how many lanes Laurel Road had in 2002.
Mr. Strelo said he does not know for sure but he believes it was two.
Councilmember Fuller inquired what the number of enrolled students was in 2002.
Mr. Strelo indicated he does not know the answer to that question.
Councilmember Fuller commented he believes it is higher now. He indicated it would be good to know if the Woodglen neighborhood children go to Laurel and O’Hara and if that has changed since 2002. He mentioned vehicles are addressed in the traffic report and even though it says trips are reduced, he doesn’t see that when driving and doesn’t understand how that will be when the McDonald’s goes in. He expressed concern children are not mentioned anywhere in the report. He mentioned he does not see any measure of the smoke, grease or exhaust mentioned regarding particle matter. He also expressed concern regarding the study addressing air quality in Bethel Island and Concord rather than Oakley. He mentioned noise is defined as unwanted sound and provided examples of wanted and unwanted sound. He mentioned a
conversation level happening at the car wash may be acceptable during the day, but at 9 p.m., the same conversation level may be unwanted sound.
Mr. Strelo responded that this project is not looking at the noise levels of the car wash.
Councilmember Fuller referred to page 4 that indicates the City may impose more restrictive noise level standards, but it is not being applied.
Mr. McMurray explained when a noise study in conducted, existing ambient noise is taken into consideration.
Councilmember Fuller commented that residents may not appreciate the noise levels from the car wash.
Mr. Cole mentioned it goes back to what he said in the beginning of his presentation; the Council is considering existing laws and evidence presented for the 5 factors. He mentioned there are 2 factors which may apply: 1) the proposed use will be arranged, designed, constructed, 475
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operated and maintained so as to be compatible with the intended character of the area as intended in the General Plan and applicable zoning, and 2) the proposed use allows for the continued growth and orderly development of the community and is consistent with the various elements of the General Plan. He mentioned Councilmember Fuller provided good examples of wanted and unwanted noise. He explained in the General Plan there are noise standards so when the project is considered, the Council’s authority is limited. He mentioned the Council has to look at what is provided in the General Plan and if the applicant can establish that he/she has met such standards, the applicant is deemed to have met the standard. He added that the Council does not have discretion to look outside the General Plan if the applicant has met the standard of the General Plan.
Councilmember asked is CEQA is to address all environmental effects.
Mr. Cole mentioned CEQA addresses thresholds and Appendix G which he referred to earlier provides the checklist for impacts and for each impact there is a threshold that applies. He explained thresholds are not written in CEQA law or regulations; the Appendix is used for the thresholds. He mentioned with noise impacts at the local level, the threshold of significance is measure by the General Plan and Zoning Ordinance. He mentioned if the applicant is meeting the General Plan and Zoning standards, the applicant has satisfied the requirement.
Interim City Manager Joshua McMurray added that CEQA is meant to disclose impacts; it is not to say there are no impacts because impacts may exist and can be mitigated. He explained staff knows there will be some level of traffic and noise because that is what commercial projects do, but he is confident the studies address impacts and mitigated them fully and he is confident the traffic studies adhere to all applicable standards required.
He mentioned the sound study was not done for McDonald’s, only the Quick Quack Car Wash which is not on the agenda tonight.
Councilmember Fuller commented he will summarize his thoughts during deliberation.
Councilmember Meadows mentioned the design wasn’t necessarily what the City was looking for.
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Mr. Strelo mentioned the architecture lacked a pyramid roof such as the nearby gas station and bank structures. He shared that staff asked the applicant if they could integrate it into the design. He mentioned the parapet roof was proposed to accommodate the restaurant’s equipment and staff asked that it be screened from up close and from far away. He shared that the applicant declined that request and asked if there was anything else they could do in which staff asked the applicant to add vertical elements at the pick-up and payment windows and the three elements near the bottom of the building.
Councilmember Meadows inquired if staff is satisfied with the current design.
Mr. Strelo responded it is not perfect to match other architecture in the plaza, but that architecture may not be perfect. He mentioned this was sufficient for the franchise to maintain its iconic look that Oakley has honored in the past and the colors were changed to compliment the gas station and bank.
Mayor Higgins inquired if there is an agreement with the school to have parking there.
Mr. McMurray commented he has spoken to the property owner on many occasions and the property owner has no agreement with the school to allow parking at the project site.
Mayor Higgins commented that people park there and walk their children across to the school with the help of a volunteer crossing guard and this landowner has every right to tow vehicles or cite people trespassing on his property. She mentioned the property owner has been a good neighbor to allow the use the property to park for school for years and if people park there that are not patronizing the restaurant, the property owner can disallow people to park there. She mentioned any restaurant is still going to bring traffic. She mentioned the City has a noise ordinance.
Mr. McMurray confirmed the City does have a noise ordinance and the noise element in the General Plan.
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Mayor Higgins commented that the study does not show new trips. She asked if the study addresses that people will be passing through and this will be a stop along the way.
Mr. Strelo explained that the traffic study looks at it all, including multi-use trips, such as the gas station, and McDonald’s. He mentioned no new trips are included because in 2008, the trips included development on all sites in the location, not just McDonald’s; the study was based on all square footage of the plaza, and that is what is the number of trips generated for the project is based on. He mentioned an engineering firm reviewed the study and the 10th edition has more information and is even more accurate. He shared that when looking at what is proposed now and what was previously done, and when replacing numbers with the 10th edition data, today’s project produces less daily and A.M. and P. M. peak hour trips. He mentioned any impacts to the school or crosswalk have already been accounted for in the initial plaza study and the new traffic study doesn’t show any new impacts that exist. He mentioned that there have been comments shared that the McDonald’s is going to endanger children; however, the traffic study doesn’t show the McDonald’s will add any impact on their safety.
Mayor Higgins inquired if children have to be 12 years old to be unaccompanied. She also inquired if the drive-through will have an ADA component.
Mr. Strelo responded he is uncertain; he is only aware of ADA compliant parking spaces.
Mayor Higgins inquired if the drive-through is ADA compliant.
Mr. McAuley commented that all McDonald drive-throughs they construct are ADA compliant; they have signage to let the driver know that they can pull forward for staff assistance and all sites are inspected for ADA compliance and are 100% ADA compliant upon completion.
Councilmember Williams was called upon for any questions. She responded she will reserve comments until after public comments are heard.
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Councilmember Fuller suggested the Council allow the public more than 3 minutes to speak.
Mr. Cole explained that City Council Resolution 10-10 provides 3 minutes for each public comment; however, the Council could vote to suspend the procedural rule on a case-by-case basis.
Vice Mayor Pope inquired how many people are on the line (teleconference).
Recreation Director Lindsey Bruno responded there are 64 people on the call.
Vice Mayor Pope indicated 3 minutes for each person to speak assuming all 64 speak, will already push the meeting beyond a reasonable and respectful time. He commented that the rule is in place for a purpose to respect everyone’s time and he wants everyone to be able to participate; therefore, he is not in favor.
Councilmember Fuller indicated the applicant has been allowed many times to speak.
Mr. Cole further explained that an applicant with a land use project is given 10 minutes to speak, exclusive of questions, and he does not believe the applicant here has exceeded that amount of time, on April 27 or tonight. He mentioned the Council always has time to ask questions of the applicant.
He also mentioned that the rule is that 11 p.m. is the hour of adjournment which requires a majority vote of the Council to continue past 11 p.m. He added that if a meeting is not continued, it usually becomes a special meeting. He mentioned that McDonald’s is important to the applicant and people in favor or not in favor of the project, but there are also other items to be addressed on the agenda.
Mayor Higgins commented the meeting will proceed with each speaker having 3 minutes for public comments.
Caller *6113: Roberto Estrada commented that the City Attorney seems to be leaning toward being biased toward McDonald’s. He mentioned Councilmember Fuller made good points about items not spelled out in the 479
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traffic study, especially about children and pedestrian safety, and the school was not addressed. He mentioned he is opposed to the drivethrough and the McDonald’s should be a sit-in only restaurant. He suggested the Council should push to make builders to attract boutique shops and small retail.
Caller *8794: The caller commented that a comment that we don’t go back and look at what was studied before but they can look at how it was studied. He mentioned the methodology used for trip generation lacks ability to address intersectionality of overlapping traffic impacts of various land uses. He shared there was a case in Florida where it was found that there is a significant deficiency in trip generation data and the methodology has been found to be inaccurate in multiple projects with overlapping uses.
He commented he believes it is a self-served method and staff should not look at only what was studied, but how it was studied.
Caller *0873: Liz Elias commented she is against the City’s consideration of the CUP for the drive-through. She mentioned it is unfortunate that the restaurant is already permitted because it is bad all around: kids habitually cross the street to get picked up, there will be noise pollution, and the air pollution is unhealthy. She expressed concern that when considering impacts with the car wash, the City only looked at the EIR rather than the cumulative effect on all projects. She mentioned the 14-year old study does not address that residential construction increases traffic. She suggested if only what could be changed could be considered, areas near the freeway are more appropriate than schools and the neighborhood. She expressed that studies ignore public input, the real experts who live in the neighborhoods, rather than other places. She mentioned the job of government is to take care of its citizens, not to run it like a business. She requested the Council respect the City’s agricultural heritage and stop sucking up to developers.
Caller *0514: Linda Carter commented the environmental impact of 12 cars sitting idle at a time is not addressed by the traffic study and she would like clarification on the number of cars expected. She shared that ongoing movement of vehicles and idle car movement should be focused on and attention should be given on the health impact. She shared that idle vehicles produce air pollutants and air toxins; with children being picked up whom are closer to the ground. She mentioned these pollutants can cause 480
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