Agenda packet, joint meeting — Oakley City Council, February 22, 2022 (part 1 of 3)

AGENDA

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
Tuesday, February 22, 2022
6:30 PM
Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561 The City follows State and County guidelines regarding indoor mask wearing. Masks are encouraged but not required for vaccinated individuals. Self-administered temperature checks are recommended before entering the building. A touchless temperature kiosk is located in the lobby for visitor use
MISSION STATEMENT: The City of Oakley exists to build and enhance a quality community and to serve the public in a friendly, efficient, responsive manner.

VISION STATEMENT: The City of Oakley will be recognized as a model of civic participation and a vibrant Delta community where families live, work, play, shop and visit.

Agendas are posted in Oakley at Oakley City Hall-3231 Main Street, outside the gym at Delta Vista Middle School-4901 Frank Hengel Way and outside the Library at Freedom High School-1050 Neroly Road; agendas are also posted on the City’s Internet Website www.ci.oakley.ca.us.

A complete packet of information containing staff reports and exhibits related to each item is available for public review prior to an Oakley City Council and/or City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority meeting at Oakley City Hall, 3231 Main Street, Oakley, CA 94561. Any writings or documents provided to a majority of the Oakley City Council, Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency or Oakley Public Financing Authority regarding any item on this agenda will be made available for public inspection, during regular business hours, at the front counter in the Main Lobby of the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561.

Agendas may be picked up at the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561 for no charge. To request information regarding placement on the City’s agenda e-mail distribution list, please contact us at (925) 625-7000.

We provide social media options to stay connected to City Hall through Facebook, Twitter, Next Door and Instagram. Other opportunities to connect with City Hall include Engage In Oakley, Oakley OnDemand on 1 the city's website; and by emailing [email protected]. Constant Contacts. Please contact us at (925) 625-7000 for additional information or at www.oakleyinfo.com.

If you have a physically challenging condition and require special accommodations, please call the City Clerk’s office at (925) 625-7013.

Please keep cell phones/electronic devices turned off during the meeting. Please be advised that City Council meetings are video recorded and attendees may appear on video.

Members of the public may address the Council on items of interest that are within the City’s jurisdiction.

Public comment on items not listed on the agenda will be heard under the Public Comments section of the agenda. In compliance with State law, the Council may not take action on an item that is not specifically listed on the agenda. If you would like to speak on any agenda item, please fill out a blue speaker card available in the lobby and submit it to the City Clerk prior to the agenda item being called. The Mayor will call you by name to the podium to hear your comments and you have up to 3 minutes to speak.

1.OPENING MATTERS

1.2 Pledge of Allegiance to the Flag

1.3 Proclamation Recognizing February 17, 2022 as California State PTA's 125th Anniversary
Proclamation

2.PUBLIC COMMENTS
At this time, the public is permitted to address the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority on non-agendized items. PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. In accordance with State Law, however, no action or discussion may take place on any item not appearing on the posted agenda.

3.CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority with one single action. Members of the audience, Staff or the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor remove the item. Members of the public should submit 2 any Speaker Cards related to the Consent Calendar in advance of the Consent Calendar being considered.

3.1 Approve Minutes from the Special City Council meeting held November 16, 2021 (Libby Vreonis, City Clerk)
Minutes 11-16-21

3.2 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting held January 11, 2022 (Libby Vreonis, City Clerk) Minutes 01-11-22

3.3 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency and Special Public Financing Authority Meeting held January 25, 2022 (Libby Vreonis, City Clerk) Minutes 01-25-22

3.4 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting held February 8, 2022 (Libby Vreonis, City Clerk) Minutes 02-08-22

3.5 Accept Report Out of Closed Session Memo (Elizabeth Fratarcangeli, Assistant City Attorney)
Memo

3.6 Acceptance of work associated with the Laurel Road Resurfacing Project (Empire Avenue to O'Hara Avenue) – Capital Improvement Project Number 250 (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report

1. Resolution

2. Notice of Completion

3.7 CalRecycle Notification of Intent to Comply – Adopt a resolution to file a “Notification of Intent to Comply” related to implementation of Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR) (Senate Bill 1383) to CalRecycle by March 1, 2022 (Ken Strelo, Planning Manager)
Staff Report

1. Notification of Intent to Comply Form

2. Draft Resolution
3 3.8 Waive the Second Reading and Adopt the Ordinance Approving a Zoning Ordinance Text Amendment to Section 9.1.512 (Commercial Recreation-Aquatic[CR-A]) of Chapter 1 of Title 9 of the Oakley Municipal Code (RZ 02-21) (Ken Strelo, Planning Manager)
Ordinance

3.9 Adopt Resolution Amending the Employee Personnel Manual adding section

9.16 for Police Management (Jeri Tejeda, HR Director)
Staff Report

1. Resolution

2. Section 9.16 Police Management

3. Employee Personnel Manual-Redlined

4. Police Memorandum of Understanding

3.10 Consideration of a Resolution Approving the Fiscal Year 2021/2022 Mid-Year Budget Review and Adopting its Recommendations for Revising the Fiscal Year Operating and Capital Budgets and increasing the General Fund Reserve Policy from 20% to 30% (Tim Przybyla, Finance Director) Staff Report

1. Mid-Year Budget Review

2. Fund Summaries (All Funds)

3. Resolution

4. Budget Transfer Form

5. General Fund Reserve Policy

4.PUBLIC HEARINGS

4.1 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. (Ken Strelo, Planning Manager)
Suggested Action: Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Comments from the Applicant, 5) Receive Public Testimony, 6) Close the Public Hearing, 7) Deliberate, 8) Summarize the Deliberation 9) Adopt the Resolution Staff Report

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) 4 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 (without attachments) (Item 7.1)

9. Applicants Plans

10. Proposed Conditional Use Permit and Design Review Resolution

5.REGULAR CALENDAR

6.REPORTS

6.1 CITY MANAGER
(a) City Manager

6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE

7.WORK SESSION

8.CLOSED SESSIONS

9.ADJOURN
5 PROCLAMATION
Recognizing PTA’s 125th Anniversary
February 17, 2022
WHEREAS; the Thirty-Second District PTA and its local unit and council PTAs, connect families, schools, and communities; and is part of the foundation of the public education system and a trusted messenger to millions of members, parents, families, educators and allied agencies throughout the state; and WHEREAS; PTA has been instrumental in establishing programs and services to improve children’s lives, including, school nutrition programs, child labor laws, public health services, the juvenile justice system, the creation of kindergarten, the advancement of family engagement, and the growth of arts in education; and WHEREAS; PTA is the nation’s largest volunteer-led child-advocacy association working to drive improvements in the education, health, and well-being of all children and families; and WHEREAS; the founders of the PTA, Phoebe Apperson Hearst, Alice McLellan Birney, and Selena Sloan Butler, were women of imagination and courage who understood the power of individual action, worked beyond the accepted barriers of their day, and took action to literally change the world; and WHEREAS; founded as the National Congress of Mothers, the PTA celebrates the 125th anniversary of its founding on February 17, 2022; and
WHEREAS; today, California has local PTAs throughout the state and its members represent the ethnic diversity of the nation and come from the ranks of all families who, together, continue to serve as the conscience of the country for children and youth; and
WHEREAS; the Thirty-Second District PTA includes 125 units and 6 councils in Contra Costa Country.

NOW, THEREFORE, BE IT RESOLVED THAT I, Randy Pope, Mayor of the City of Oakley do hereby commend the association on the occasion of its 125th anniversary on February 17, 2022.

February 22, 2022
______________
Randy Pope, Mayor
6 Minutes of the Special Meeting of the Oakley City Council held
November 16, 2021
1) Call to Order and Roll Call
Vice Mayor Randy Pope called the meeting to order at 6:30 p.m. in the Oakley City Council Chamber located at 3231 Main Street, Oakey, California.

Councilmembers Aaron Meadows, Anissa Williams and George Fuller were in attendance. Mayor Sue Higgins was not in attendance.
2) Pledge of Allegiance to the Flag
Vice Mayor Pope led the Pledge of Allegiance to the Flag. 3) Public Comments
None.
4) Consent Calendar

4.1 Approve the Minutes from the Special Meeting of the Oakley City Council held November 4, 2021 (Libby Vreonis, City Clerk)
The vote was inaudible.
5) Work Session

5.1 GOVERNANCE GUIDELINES & PROTOCOLS WORKSHOP #2
(Joshua McMurray, City Manager)
Ellen Cross, founder of Strategy Driver, Inc., welcomed everyone and indicated this is the second workshop in developing Oakley’s governance guidelines and protocols policy framework. She explained the process began with a survey to all five City Councilmembers and to several of the Directors and management staff at the City of Oakley and results were consolidated for the first workshop. She shared she also did interviews with each individual and they had a discussion about the findings of those results in the last workshop which was held November 4, 2021, and there is a recording of the workshop if someone didn't get a chance to see it. She mentioned tonight's workshop will also be recorded. She shared that the first workshop was about a 2 ½ hour discussion about some of the findings. She mentioned some of the findings were from a long time ago that no one in the room were participating in at the time so everyone discussed how they can have good governance and really refocus energy on the Council governing and achieving the vision and the mission that was set out for the City of Oakley. She mentioned one of the biggest findings was that the new 7 Councilmembers have not had a chance to provide their input to the Strategic Plan which was published in 2020, so that was a key identifying item that the vision and mission may not be as relevant today as it was when it was first written, and that's definitely a high priority to update. She mentioned until that time, until they have an opportunity to update the vision and the mission, they wanted to create a framework to have some context so that the Councilmembers and staff can understand what the priorities are, so the staff can execute the priorities of the Council, and the Council can also give clear direction to staff on what the Council would like to see as far as objectives in order to achieve the vision and the mission. She mentioned at each of the table, she distributed the draft governance guidelines and protocol framework. She explained this document consists of nine pages that culminates the survey, interviews and the intent of the discussion from the first workshop held November 4th. She shared that the Councilmembers and staff were both asked to review the framework she wrote based on all of the input and information she received. She indicated this document right now should really be reflecting the input of every single person that took place during the process and she tried to make sure nothing was left out of that process.

Ms. Cross explained Section 1.0 is an introduction to City of Oakley's governance guidelines and protocols policy framework and it talks about the process. She discussed other sections include unity, mission and vision, code of ethics and values, roles and responsibilities, and success factors. She added that the document contains a listing of everyone who participated in those discussions, the five Councilmembers and executive staff.

She mentioned the rest of the document is organized beginning with Section 2.0, City of Oakley Shared Vision and Mission to Achieve Success. She indicated until the vision and mission that reflects this current Council is updated, the current vision and mission will be used until the Council and staff have an opportunity to schedule and get that process launched. She explained the findings here are intended to really address the vision and mission which are broad enough that anything they do in terms of goals and objectives or initiatives, in addition to the current Strategic Plan, can fit into that framework.

She addressed Section 3.0, the City of Oakley's Code of Ethics and Values. She indicated the Code of Ethics and Values were developed in the current Strategic Plan.

She mentioned when they culminated all of the information, there were no specific changes made, but they did recognize that they do want to take a look at the Code of Ethics and the Values again as they walk through updating a new Strategic Plan. She explained in the meanwhile, they will be using the current Code of Ethics and the Values. She mentioned it was also notated by the majority that if they exercise and live up to the Code of Ethics and values, they will do a pretty good job getting on the right track.

Ms. Cross reviewed Section 4.0, City of Oakley's Governing Roles and Responsibilities to Achieve Shared Vision and Mission. She shared this section really describes the roles and responsibilities, and which the lanes which the Council and staff should be 8 operating in so that while they are all collectively achieving vision and mission, they have a different role and a different responsibility, and how to do that. She added that the Council is directing their vision and mission and the staff are executing it and implementing that vision to achieve it, as well as bringing information back to the Council so the Council can make informed decisions.

Ms. Cross shared that the last section is a summary of next steps for shared success.

She explained she will go through this document section by section. She expressed she hopes the Council and staff had an opportunity review it. She mentioned it is also up on the screens around the room. She shared she will be doing real-time editing and tracking changes while going through the document so everyone can see the changes she is going to make. She outlined three things they will do tonight: (1) identify what is missing, (2) identify what needs to be eliminated, and (3) identify what needs to be augmented. She requested no wordsmithing, explaining she is trying to capture the essence. She mentioned that does not mean they can't change a word, but she wants to focus on the essence and have the framework move them forward in a united way to implement the vision and mission. She mentioned hopefully they took notes and will bring suggestions forward.

She moved on to Section 2.0, City of Oakley Shared Vision and Mission to Achieve Success. She explained this section talks about the unity of purpose of the Council and staff is reflected in the vision and mission and they were adopted in the Strategic Plan.

She further explained that the Council’s role is to approve the vision and mission and execute, staff’s role is to approve the vision and mission through its operational role, and that executive staff have been executing the current Strategic Plan. She mentioned they all recognize that the current Strategic Plan needs to be updated and in Section 5.0 it is one of the first items listed for next steps. She shared the current vision of the City of Oakley is to be recognized as “a model of civic participation and a vibrant Delta community where families work, play, shop and visit”, and the mission is the “City of Oakley exists to build an enhanced, quality community and serve the public in a friendly, efficient, responsive manner.” She mentioned every section that was written has a section called "success factors to achieve the vision and mission" and these are the guidelines and the framework. She shared that staff read the document, as well as the Council, and staff met yesterday. She explained staff provided the edits in red that were mostly editorial in nature, not substantial changes. She mentioned she will read the success factor to achieve for each section because this is really the heart of the document.

She explained that the governance team is committed to work within the framework of the stated vision and mission until the 2022-2024 Strategic Plan is updated in 2022. She further explained that the City Manager will present the current priority goals, leveled effort, scheduled costs and risks to the City's current investment if not completed, or in other words, the City Manager is working under the guidance of what has been set.

She mentioned it has been asked that the City Manager put the list of priority factors together and present to the Council so before the new Strategic Plan, staff knows how their time and energy will be spent in achieving or putting some of the projects or 9 initiatives on hold. She mentioned the Council will provide input to refine priorities, provide clarity on staff direction, and have Council alignment until execution of the updated Strategic Plan. She explained the City Manager will communicate to the Council when the direction is not clear and ask for clarity; in other words, this is a dual responsibility, the responsibility of Council and the executive team, that they're both communicating clearly, and if one of the Directors goes to the City Manager and says, "I don't understand what we're supposed to do," if the City Manager has any doubt, the City Manager should ask for clarity from the Council, and vice versa; if the Council doesn't have clarity, it should be asking that question; it's a team responsibility. She reiterated that the City Manager will communicate to the Council when direction is not clear and ask for clarity, and the Council will inform the City Manager when staff are off course and request what additional information is necessary to have for decision making; the Council and City Manager will alert one another when the City is off course on the agreed interim priorities until the Strategic Plan 2022-2024 is completed. She added that Communication regarding the status of the Strategic Plan and interim priorities will be facilitated at the scheduled City Council meetings, in between meetings, and during one-on-one meetings with the City Manager, as appropriate. She mentioned professional, direct communication will provide clarity, align responsibilities, and provide updates on barriers to implementation to create a coordinated governance team in order to fulfill the City’s vision and mission. She commented that the governance team refers to both the Council and executive staff.

She indicated that Strategic Plan annual special meetings should be held to include the Council, executive staff, and interested parties, such as the public. She thanked the public for attending and welcomed them to provide comments at the end of the meeting.

She mentioned the Council and staff should review the status of the Strategic Plan and eliminate or augment goals and relevant priorities for achieving the City’s vision and mission. She mentioned the process should ensure all Councilmembers are included in key updates of the Strategic Plan implementation progress and barriers to success, consider annual internal surveys of Council and staff, and external surveys of interested parties. She shared this was something asked for during the meetings to evaluate the Strategic Plan success and relevance. She also shared it was suggested to post the City’s vision and mission in City Hall as a reminder of shared responsibility. She asked the Council if there is anything within Section 2.0, particularly as it relates to success factors to achieve the City’s vision and mission, that needs to be eliminated, added or modified.

Councilmember Fuller commented he said last time he is a big fan of the Universal Declaration of Human Rights and along with that he does not believe the City’s vision and mission statement are quite up to date as social justice, social equity, nondiscrimination, inclusivity and the other words that go along with it, have not been included which kind of detracts from the governance statement. He expressed in his mind, they need to clarify all of that because the purpose here is to make an inclusive community that's socially just, socially equitable, and supported. He mentioned he understands that eventually the City will be revise its vision and mission Statement, but he wants to put that comment out.
10 Ms. Cross thanked him and alerted everyone she is recommending actions summarized on page eight, Summary of Next Steps for Shared Success, and in item number three, it says “Update Strategic Plan to reflect City Council vision, mission, Code of Ethics and priorities and objectives”, and they said they will complete that by quarter two of 2022, so that provides time to kick something off after the holidays and do an appropriate level of effort on the Strategic Plan which would include that vision and mission. She mentioned she will take notes on that comment and while it's not going to show up in this document, they can certainly proceed and make sure that it is incorporated that into the Strategic Planning process that they do in the near future, so they will have that on record. She inquired if any other Councilmembers wish to comment.

Vice Mayor Pope commented that there will be a new Council elected in November 2022; therefore, the process may need to take that into consideration. He inquired if the vision and mission are changing.

Ms. Cross confirmed the vision and mission are not changing.

Vice Mayor Pope suggested rather than using popular terminology or buzz words, they should state clearly that they want to treat everyone equally and fairly so it is clear. He inquired how far into the document they are.

Ms. Cross indicated just to Section 2.0, the paragraph she just read.

Vice Mayor Pope made comments that were inaudible.

Ms. Cross requested clarification where he is pointing to in the document.

Vice Mayor Pope made comments that were inaudible.

Ms. Cross called for any other comments from Vice Mayor Pope.

Being none, she called for comments from Councilmember Meadows.

Being none, she called for comments from Councilmember Williams.

Councilmember Williams asked if Vice Mayor Pope could clarify what he mentioned because every two years the City would have potentially a new Council so it would mean the Strategic Plan would turn over every two years. She inquired if the Strategic Plan is normally updated every two years.

Vice Mayor Pope responded there was a community-wide Strategic Planning meeting held every two years with updates in between years. He added that the community-wide meeting was held in a large forum with breakout sessions. 11 Councilmember Williams inquired if it is still possible to incorporate what Vice Mayor Pope is suggesting or if they are past that because everything that has happened with COVID and stuff.

City Manager Joshua McMurray commented he thinks they need to start with the process that is outlined in the document to give the Council a fair chance at getting the Strategic Plan updated, and then they can really think about what happens after the election cycle in 2022, and how they move forward. He expressed he thinks their comments are valid, but they are going to have two new people on the dais (after the election), and they are going to have to allow them to explain what their vision is and update the Plan accordingly so it's going to be an iterative process as they move through this.

Councilmember Williams commented she knows they are not talking necessarily about the timeline yet but inquired if they can move it. She mentioned it seems like it is complete by March, but they can hopefully start the work in January.

Councilmember Fuller commented he looked at the tape again a couple of times and he was very impressed with the eloquent way that Councilmember Meadows brought up that he is concerned that all three of their (Fuller, Meadows and Williams) voices are not being heard. He indicated yes, they have not been heard, but he is not going to put it off without at least some resistance to the next election cycle. He mentioned they have a lot of work in front of them now with the Strategic Plan and he anticipates two different people up on the dais because of the new ordinance, and they will have to do it again.

Councilmember Meadows agreed with that for January for this Council, and then mentioned he thinks it needs to be odd years going forward so starting in January 2023 for the next Council, so 2023 to the end of 2024, and then 2025 through the end of 2026.

Ms. Cross commented she is not sure she followed that. She inquired if he is saying in January 2022 to do a major change on the Strategic Plan and then do another major change in 2023 to restart the cycle.

Councilmember Meadows confirmed that is correct. He explained it should have been done January 2021, almost a year ago, and it was skipped.

Vice Mayor Pope returned to his suggestion of a major review following the election with a review one year later to provide Councilmembers an opportunity to review it again so they don’t have to wait a two-year period to review it again should they want to suggest changes.

Ms. Cross commented she wants to capture dates to be in the Plan and she will capture it both ways for the election year, but the intent is do a major update in January 2022 and after the election again in January 2023 to get it back on track. 12 Councilmember Meadows confirmed that is correct and also moving forward every January of an odd year following an even year election in November.

Mr. McMurray commented they can do that. He shared he plans to bring a work session to the Council on January 11 that will address the vision and that will kick off their Strategic Planning process for next year.

Ms. Cross called for comments from City Attorney Derek Cole, Mr. McMurray, or the executive team.

There being none, she moved on to 3.0, the City of Oakley's Code of Ethics and Values.

She explained that the Code of Ethics and Values were developed by the prior Council and executive staff, and they are included on the City’s website and in its Strategic Plan.

She explained there is a table of the Code of Ethics and Values. She explained she is not going to go through them as they went through them extensively, there were survey interviews, and they were addressed during the first workshop. She indicated they are summarized exactly as they were before. She mentioned there are success factors to demonstrate the City's Code of Ethics and Values so she will again ask to everyone to comment on what is missing, what needs to be eliminated, and what may need to be added. She read that to more effectively implement the City of Oakley's Strategic Plan, it is agreed that Councilmembers and staff will be representatives of the City and lead by example in how they conduct City business. She went on to read that while the Code of Ethics and Values was not adopted by the current City Council and executive staff, it's agreed they will live up to and employ the spirit of the Ethics and Values as currently adopted. She indicated they also agreed during the 2022 Strategic Plan update they will develop more relevant Ethics and Values that better instruct the governance team how they will conduct the City's business internally as well as among the City's interested parties, including residents, businesses, strategic partnerships and future partnerships that will assist the City in implementing its vision and mission.

She mentioned they also will hold each other accountable “peer to peer”. She indicated she thinks that is important; it is in the City's best interest to align goals. She mentioned they will communicate and lead with professionalism to build trust and teamwork that is necessary to work on behalf of the City as a whole. She explained their leadership and communication includes respectful and professional conduct in verbal and written forms, including communication protocols to best reflect the City’s leadership, so the first type of communication form is really in the Council and special meetings. She shared examples are monthly Council meetings and annual Strategic Plan updates, but this can be any type of Council or special meeting. She mentioned some of the things they would like to see that would help exude this communication to uphold Ethics and Values include that the Mayor or Vice Mayor should actively facilitate meeting protocols and the City Attorney should advise on such protocols when questions arise or points of order are raised. She shared it was suggested to post Ethics and Values at City Hall once updated as part of the 2022 Strategic Plan. She also shared they want to structure meetings to allow meaningful participation for all Councilmembers, staff invited participants, and interested parties, including the public and invited stakeholders. She 13 mentioned they want to facilitate meetings through a clear and published agenda that outlines corresponding plans, documents and policies; examples include General Plan, Strategic Plan goals, and budget drivers for status updates. She added that status updates include succession factors, barriers to success, information needed and decision making. She indicated they also suggest estimating information needed or workload requests so Council understands the level of effort. Regarding timing, she shared it was suggested to schedule Council discussion with reasonable time allocation for Council, staff and interested parties, to focus on agenda items with allocated time, and items not on the agenda be prioritized during a recurring allocated time on the agenda which should read items not on the agenda and/or are included for future meeting requests. She added that speakers invited to the microphone should receive uninterrupted speaking time with an allocated timeframe, typically three minutes, and Council should have time allocated for clarifying questions or comments for both staff and interested parties. It was also mentioned that if a vote is required, the moderator who is the Mayor or Vice Mayor, should request Councilmembers to motion for the vote and the second motion to consider the vote, and once the vote takes place, decisions should be reconfirmed by the moderator, the Mayor or Vice Mayor, and all Councilmembers should respect the decision moving forward, regardless of position.

She mentioned the second type of internal communication is within City Hall and administration to work within the communication lines of authority. She explained Councilmembers can communicate with one another in accordance with the Brown Act.

She further explained that during outside formal meetings, not more than two members can communicate with each other on current, anticipated or potential business items, verbally, in writing, electronically or through social media. She mentioned Councilmembers can communicate directly with a City Manager or City Attorney on all matters related to the City and staff, and Councilmembers can communicate with staff with the knowledge and agreement by the City Manager. She explained that City staff should communicate with Councilmembers through the expressed approval of the City Manager. She mentioned Councilmembers, the City Manager and the City Attorney can communicate anytime as long as no more than two Councilmembers are present, except in a formally noticed public meeting, according to Brown Act guidelines.

Ms. Cross addressed external communication and media including news outlets, radio, television, web-based news, social media, magazines, newspapers, etc. during professional community events, social organizations and other events. She mentioned that City of Oakley representatives, the Council and staff, will uphold the Ethics and Values in all venues and media inquiries shall be directed to the City Manager. She mentioned they encourage team building and communication that exemplifies professionalism and stewardship, working within the lines internally before going externally to resolve. She added that they provide an opportunity to address challenges internally and empower the governance structure to informally address challenges directly and expediently. She mentioned that they understand that negative communication will distract from addressing the City’s priorities and building the requisite collaboration to attract partnership and implement priorities. She also mentioned they encourage a form of full participation by Council, executive staff and 14 interested parties by creating an open and transparent discussion on topics at the Council meetings and not on social media or platforms that cannot facilitate full participation due to Brown Act laws. She mentioned they wish to provide training opportunities to professional associations, i.e., League of California Cities, for both Council and staff, to interact on public forums, including social and public media, to celebrate the City's successes, and invite critical analysis and discussion for input into decision making. Ms. Cross invited discussion.

Councilmember Fuller commented that items related to city business to the City Manager does not preclude a Councilmember from commenting on personal opinion of the issue, and suggested in the second to the last bulletin to italicize the word encourage.

Ms. Cross requested clarification where these changes appear in the document.

Councilmember Fuller indicated the top of page six.

Ms. Cross inquired if she is looking at the correct section regarding direct media inquiries to the City Manager.

Councilmember Fuller confirmed it is. He suggested after the sentence about directing media inquiries to the City Manager, language be included to indicate it does not preclude a Councilmember from offering an opinion on an issue.

Ms. Cross inquired if the City has a PIO (Public Information Officer).

Assistant to the City Manager Nancy Marquez made comments that were inaudible.

Councilmember Fuller commented he is in favor of the City Manager and if the City Manager wants to designate a Public Information Officer (PIO) that's fine; the City Manager can work with the PIO, but the City Manager determines the information released. He suggested they continue with the wording of City Manager and the City Manager can delegate how the news media will be engaged.

Vice Mayor Pope made comments that were inaudible.

Councilmember Fuller recalled they said during the first phase that they are forgetting about all the stuff in the past and catching up from the former City Manager.

Vice Mayor Pope started to comment.

Councilmember Fuller commented Vice Mayor Pope is out of order. He expressed he is not finished speaking and Vice Mayor Pope feels superior and wants to talk over him, but he is not going to let him so he can just wait.
15 Ms. Cross requested Councilmember Fuller have the microphone right now and be allowed to finish.

Councilmember Fuller commented they went over it last time and the City Manager left.

He indicated there were difficulties there. He mentioned the Council said they are leaving that and moving on. He commented that they have a new City Manager and he is confident the City Manager will lead this City in a manner that he determines is best.

Ms. Cross inquired if her understanding is correct that the PIO would still report to the City Manager. She commented the PIO is a direct report to the City Manager so the City Manager can empower the PIO. She invited Mr. McMurray to comment before turning it back over to Vice Mayor Pope.

Mr. McMurray explained it reads that way because the PIO function lies with the Assistant to the City Manager position and that position is in the City Manager's Office so it's really as Councilmember Fuller stated, it is within his discretion to delegate that responsibility. He commented he is not saying he is changing that right now but it reads more clear to delegate all media inquiries to the City Manager’s Office where he can make sure it's handled.

Vice Mayor Pope made comments that were inaudible.

Ms. Cross requested he speak a little louder because he doesn’t have a microphone and he has a mask on so it's hard to hear him.

Assistant to the City Manager Nancy Marquez made comments that were inaudible.

Councilmember Meadows commented everything goes through the City Manager's Office so the City Manager needs to delegate to whomever that responsibility falls to, and if it's Nancy, then he is fine with it. He mentioned the City Manager can't be doing everything, but he should be clued in when needed. He explained there are certain things that the City Manager has to be involved, but as long as the City Manager is okay with staff doing what they're doing, he is good with that. He commented he doesn’t know if that breaks any tie.

Ms. Cross inquired if the City Manager reviews more controversial press releases before released by the PIO.

Mr. McMurray confirmed he does.

Ms. Cross commented they are working as a team, but the City Manager takes responsibility for everything that is coming out of City Hall.

Mr. McMurray confirmed he would have direct access to the information being disseminated is being able to change it if he deems necessary. 16 Ms. Cross commented that she thinks as far as this document is concerned, and of course they can all change it, but the intent is that it is still coming from the City Manager and he could delegate it to anybody in his office, or he could write it himself.

She explained they are not getting into that level of detail because it makes it clear that the City Manager, for roles and responsibilities, is ultimately responsible for the operations of the City of Oakley so she thinks it's properly worded no matter who ultimately writes the press release. She mentioned if something comes out in a press release that the Councilmembers aren't happy with, they can go directly to the City Manager to let him know so ultimately, he has the responsibility.

Councilmember Williams commented that it seems like a lot of semantics for something that is happening already. She expressed she has never heard from anybody they're not getting information they need and she has not seen press releases that don't seem to follow anything so she thinks they do it as they have been doing it. She indicated it seems like they are spending a lot of time on this, but without a lot of bang on the buck.

She mentioned she doesn’t know if that was the tie breaker, but if it's not broken, don't fix it. She suggested they should maintain the way they are doing it right now and it seems like the PIO is doing it.

Ms. Cross asked Councilmember Williams since she has the microphone if she can also comment on Councilmember Fuller wanting to add Councilmembers' opinions to media.

She inquired if that is something she would agree adding to the document.

Councilmember Williams inquired if they really need it in there. She explained if somebody asks her how she feels about whatever new thing that is coming, she thinks they have the right to say that. She mentioned when she has been approached, she has gotten sort of permission that she is going to answer, but she doesn’t really have too much that she feels like would be an issue. She expressed she does not think it needs to be in the document. She commented it is not like they are writing their own press releases about anything so she does not think it needs to be in the document.

Ms. Cross called for any other comments on Councilmember Fuller's addition.

Councilmember Meadows commented he has made limited comments to the press and hasn’t called up the City Manager and asked for permission.

Ms. Cross clarified that he is speaking on behalf of himself when he has commented, not the Council as a whole.

Councilmember Meadows confirmed that is correct.

Vice Mayor Pope began to make comments but was not on the microphone.

Ms. Cross mentioned they are trying to have people speak into the microphone because it's being recorded. She inquired if that is correct.
17 Mr. Murray explained that the City Clerk is not present and to do the minutes and she needs to watch the recording.

Vice Mayor Pope commented that the distinction is between City business and policy; the Council establishes policy that the City Manager implements, so questions about City business is in the City Manager’s realm. He added if it's a question of policy or something that's in the Council’s realm then no, they don't ask the City Manager permission because the Council is his boss. He mentioned if it's a question on your position or your policy, by all means yes, but if it's a question on the operation of the City, that should go to the City Manager. He expressed he doesn’t really think it needs to be changed because the Council represents the voters, the residents; the Council has a duty to be transparent and tell them what they are thinking and find out what they're thinking to form thoughts on the issue to decide how to vote if it's a future item.

Ms. Cross commented that this is talking specifically to City business. She asked Councilmember Fuller if he feels strongly this sentence needs to be included because she does not think there is any issue of Councilmembers speaking to media on their perspective on policy, but if it's specific to operations it should be redirected to the City Manager.

Councilmember Fuller replied that he thinks she just said it- City business operations.

He shared he has been in a big organization where people say the wrong thing or they don't want to say anything and people say "Well, you're not supposed to talk to the media." He expressed he thinks as Councilmembers they can render opinions.

Ms. Cross commented she thinks they all agree with that so she is going to italicize for Councilmembers the words City business. She mentioned if Councilmember Fuller is okay with it, she will delete the sentence he put in and emphasize that City business needs to be directed.

Councilmember Fuller confirmed that is okay.

Ms. Cross asked for any other changes.

Councilmember Fuller commented he mentioned to italicize the word encourage.

Ms. Cross inquired where in the document he would like this change.

Councilmember Fuller indicated it is in the second to the last bullet before 4.0., to encourage good social media facilitation. He suggested highlight or bolding the bottom one to provide training opportunities because he believes that the Council could bring themselves up to speed or have a stronger understanding what social media is and how it can improve the City and their own lives, so those two.

Ms. Cross inquired if he is suggesting that there is an actual change to this bullet or just providing input.
18 Councilmember Fuller suggested to italicize the word encourage and place in bold type reference to providing training opportunities for social media.

Ms. Cross inquired why he wants it bolded.

Councilmember Fuller commented he believes it is in the best interest of the City and the City Council.

Ms. Cross explained they are all equally weighted and that is why she does not want to bold it. She mentioned they are not doing it in bullets for order of priority or anything; it is all inclusive.

Councilmember Fuller mentioned to him it is an important addition. An additional item he brought up is that the City Attorney is the parliamentarian and is the final determinant of any procedure or dispute on the dais.

Ms. Cross asked if that thought can be placed on hold until City Attorney Derek Cole returns to the room.

Councilmember Fuller agreed.

Ms. Cross called for any other comments on this section.

Councilmember Williams mentioned she has a question regarding “facilitate meetings through a clear and published agenda that outlines corresponding planning documents, policies --.

Ms. Cross asked where this provision appears in the document.

Councilmember Williams responded it is on page four, under Council and Special Meetings, the fourth bullet point. She mentioned it says “to facilitate meetings through a clear and published agenda.” She indicated she has a procedural question. She explained lately she is receiving questions from people that say "I don't understand the background". She mentioned she feels like they bring it up a lot, but she doesn't know how difficult it would be on the staff end to include where something aligns with the City’s Strategic Plan or why the City has to do the sort of the things it has to do. She mentioned people may not necessarily read the staff report, but for the people continuously asking the questions, it might get them somewhere to include, in addition to the history, a brief tie into the General Plan or the overall zoning, and that the City is constantly reinforcing it.

Ms. Cross responded that is possible, so if the City Manager is bringing something up and it was identified as a priority in the General Plan or the Strategic Plan, there can be an explanation of the project and what the status is.
19 Mr. McMurray commented that is something staff can do. He mentioned they haven't done that in the past but can definitely add a section to the staff report that points to why they are proposing or bringing it forward.

Councilmember Meadows inquired about hyperlinks.

Mr. McMurray responded they can add hyperlinks.

Councilmember Meadows inquired if it can be done with supporting documents.

Mr. McMurray confirmed it can.

Councilmember Williams indicated that is great. She mentioned it will provide background in addition to history and will be helpful, especially if they have something contentious.

City Attorney Derek Cole mentioned the City of Antioch’s staff reports have to mention what part of the Strategic Plan is being implemented.

Ms. Cross mentioned while Mr. Cole was out of the room, Councilmember Fuller had a comment.

Councilmember Fuller mentioned in Section 3.0, they went through a plethora of procedures and actions on the dais and they mentioned the City Attorney would be consulted. He indicated in his mind it should say that the City Attorney is the parliamentarian and has the final decision on all procedural manners and any procedural disputes that may be occurring on the dais.

Ms. Cross mentioned it is stated in the document that the “Mayor and Vice Mayor should actively facilitate meeting protocols.” She continued reading, “City Attorney should advise on such protocols when questions arise or points of order are raised.” Mr. Cole responded his role is advisory and he is not going to wrestle the Councilmembers. He explained at the end of the day, the elected officials have to take the action, but he will advise, and if there are procedural points, points of order or Robert's Rules questions, he will absolutely advise.

Ms. Cross asked if they covered all of Councilmember Williams comments.

Councilmember Williams confirmed they did. She jumped to the timeline and inquired if there is anything in there (the final bullet point) regarding training.

Ms. Cross responded she doesn’t think she added a timeframe in the last section on that, but she can certainly do that.
20 Councilmember Williams commented that would be great to get that as a quick point of order.

Councilmember Fuller inquired if they want to put a time frame on it if they are talking about social media. He mentioned they should make a determination, but he sees it as ongoing.

Councilmember Meadows commented there should be a base for the new Council coming in, but from there, it should be ongoing.

Councilmember Williams agreed and mentioned it is the same with the Strategic Plan; it doesn't end so it's a living, breathing document.

Vice Mayor Pope mentioned there have been some changes with Brown Act laws because of the pandemic and they should be brought up to speed on that. He also mentioned new Councilmembers should receive training as soon as possible after the election.

Ms. Cross announced she added that. She inquired if Councilmember Meadows has any comments.

Councilmember Meadows responded not beyond what he already made.

Vice Mayor Pope requested re-wording on the second bullet point under section 5 regarding items that are not on the agenda that should be requested to be placed on the agenda.

Ms. Cross explained they don't want something on the agenda that really wasn't given adequate time for discussion so there has to be some judgment used for that. She mentioned some agenda items might take two minutes and others might take a whole Council meeting. She inquired how he sees it best addressed. She commented that she doesn’t know if it is even an issue with their Council meetings that they are running out of time or that people don't feel they didn't have a chance to speak at the dais.

Vice Mayor Pope commented it is very seldom that they run up against their stop time where they have to vote to continue the meeting.

Ms. Cross mentioned typically meetings that she is involved with are kept pretty open and liberal, then if for example, they have 40 public members standing up wanting to speak, then they would limit it to three minutes so everybody gets a chance to speak.

Vice Mayor Pope commented that 3 minutes is standard for public comments and no time limit for Councilmembers or parties presenting because often there are more facts that are needed to make a decision. He referred to the second sentence regarding items not on the agenda. He indicated they just need to request them to be placed on the agenda. He explained there is no part of the agenda for items not on the agenda. 21 Ms. Cross mentioned for a lot of meetings she attends there is an item upfront that addresses if there are items to be put on the agenda or put on an upcoming agenda.

Mr. McMurray commented they have it for future agenda items. He mentioned if it's not on the current agenda, they are not going to be discussing it at that Council meeting, but there is a place under Council Reports that gives the Councilmembers the ability to request a future agenda item.

Ms. Cross explained that is why she worded it as “items not on the agenda and/or included for future meeting request.

Mr. McMurray asked Vice Mayor Pope if it is the wording he wants changed.

Vice Mayor Pope suggested it be re-worded.

Mr. McMurray suggested it could be re-worded to “items not on the agenda are to be requested during the time of the agenda where future agenda items lands. He commented that wasn't said eloquently, but the thought is there.

Vice Mayor Pope agreed and mentioned the Council has been doing this in practice, but it should also include that Councilmembers must have a second to support the item moving forward as a future agenda item.

Ms. Cross inquired if the following is correct: “Focus on agenda items with allocated time. Items not on the agenda are to be requested during the time allocated for future agenda items.”
Mr. McMurray responded that it sounds right. He mentioned Vice Mayor Pope’s last comment is relevant; it should be a minimum of two Councilmembers that agree on the agenda item. He explained the purpose of that is once an agenda item request is made, there is staff time and cost associated with that so if they have two Councilmembers that request the item, staff can move forward with research to bring back to the Council to see if there is further support for the item.

Ms. Cross re-worded it to “Items not on the agenda are to be requested during the time allocated for agenda future items with two Councilmembers approval.” She called for any other comments on Section 3.0.

There being no further comments, she moved on to Section 4.0, the City of Oakley Governing Roles and Responsibilities to Achieve Shared Vision and Mission. She read the following: “Governance and defined roles and responsibilities are important in conducting the actions and to achieve long and short-term goals of the city. All goals are responsibility in achieving the vision and mission. Following is figure one, an organizational chart that outlines the City's governance structure and communication 22 lines and roles in communication flow are summarized and figure two, governance roles. In general terms, the following roles and responsibilities are as follows.” Ms. Cross shared the organizational chart and inquired if the Council and staff agree on it as presented. She explained that it generally says that the residents of Oakley are at the top with the City Council under them and the City Council has access to the City Attorney and the City Manager who directly report to the City Council, then the Assistant to the City Manager follows. She mentioned it includes the Public Information Council Liaison, Facility Maintenance and Special Projects and it also has the City Clerk who records. She mentioned it is basically outlining each responsibility for the boxes and is meant to be more informational than instructional. She mentioned there are probably several things that they do that are not showing up in the box, but this is in general terms and provides the way that information should flow. She explained the role of the Councilmembers is to direct and hold the City Manager accountable, to provide information and develop policy and budgets for the review and approval of the Council to achieve the guiding policy documents, not limited to the Strategic Plan, General Plan, Capital Improvement Plan, etc., as represented by their constituents which are the public and interested parties. She mentioned they have a lot of responsibilities, but this is in essence the Councilmembers' role.

Ms. Cross shared that the City Manager's role is to report and be held accountable by the Council and to implement their vision and by developing draft policies and programs as directed by the Council's input, majority decisions and adopting guiding policy documents. She indicated the City Manager will direct staff accordingly and ask the Council for clarifying information as appropriate.

Ms. Cross mentioned the City Attorney is to be directed and held accountable by the Council and be the legal advisor to the Council, City Manager, and executive team, and when necessary, to draft the legal agreements, resolutions, ordinances, and other legal documents, among other responsibilities.

Ms. Cross shared that executive staff is to be directed and held accountable by the City Manager to develop draft policy documents and programs and identify clarifying direction for successful implementation of policy programs and guiding policy documents.

Ms. Cross explained that the role of the public and interested parties is to elect the Council and inform the Council of their interest for the Council to direct the City's resources accordingly.

She mentioned a more detailed outline of role and responsibilities is codified in the City of Oakley's Municipal Code and there is a link to that. She pointed out the graphic that shows how information flows which has the public at the top (they elect and provide input to elected officials), the elected officials are the bridge between the public and the staff (the electeds set the vision, adopt the policy and budget, and hold the system accountable), the City Manager is a bridge between staff and the electeds (the City 23 Manager implements vision policies and programs and holds staff accountable) and the staff do technical analysis, implementation of policies, and provide services to the public. She mentioned this graphic provides the relationship and all of them have the center and central role of shared vision and mission. She expressed this graphic really illustrated how that should flow, to try and keep everyone in their lanes, and understand they are a team. She explained when they do not work in this efficient and effective manner, that is when they get off track and get distracted, and they are not acting with efficiency that will help implementation.

She read the Success Factors to Govern Roles and Responsibilities to Achieve the City's Vision and Mission in Section 4.0: “The successful outcome of the City of Oakley's vision and mission is inherent on a coordinated and collaborative approach. A division of roles and responsibilities to effectively deliver on City of Oakley's priorities is important to realize success and to meet the need and expectation of the City of Oakley's constituents. Clarity, clean line of communications, and an understanding of the roles to achieve the vision and mission is paramount. Updating the Strategic Plan and realigning the Council's expectation will better direct staff resources to achieve the vision and mission. Minimizing this communication through identifying information needed and providing direction will move the Council's programs, projects and initiatives forward through prioritization and funding allocations. Working within the communication lines is outlined above to provide direction and resolution is also important before moving to external platforms for discussion. We are partnered in achieving success on behalf of the City of Oakley. Encourage each other with what is going well and we're achieving together and identify what is not working with practical and achievable solutions with the least amount impact to achieve the City's priorities. Empower and entrust each other to execute within the governance framework. Council prides clear policy and staff executes policy to deliver results. Create internal work sessions within the operations to promote an integrated and inclusive approach. Articulate information needed and barriers to success in a timely fashion to jointly develop solutions. Promote successes and opportunities and partner for solutions to minimize failure that embodies the mutual responsibility to deliver the vision and mission. Align the budget and staff resources to each program, project and initiative to ensure success.” She inquired if there are any comments on Section 4.0. She asked Councilmember Fuller if he would like to kick it off.

Councilmember Fuller had no comments.

She asked Councilmember Meadows for comments.

Councilmember Meadows had no comments.

She asked Councilmember Williams for comments.

Councilmember Williams responded she likes the graphic. 24 Vice Mayor Pope suggested making the graphics bigger.

Being no further comments, Ms. Cross moved to Section 5.0. She explained this section was meant to take all the things that were identified in the last paragraph of each section for success factors to provide a glance. She mentioned this section can be updated and shouldn't be a static document. She mentioned they can update it, particularly as a bridge to get to the Strategic Plan. She mentioned the first priority is to provide objectives to executive staff by the City Manager presenting the current status of priorities and asking for Council input to align Council and staff priorities before the 2022 Strategic Plan is adopted. She asked Mr. McMurray is that is something he is able to achieve in November.

Mr. McMurray responded he gave the City Council an excel spreadsheet a few weeks ago that shows, in his opinion, what the priorities are facing the City right now, what the cost is to those priorities, and the deadline when those priorities need to be completed.

He mentioned it is available for feedback from the City Council and he plans to, as part of the visioning process moving forward and the Strategic Plan Update, to revisit those items and while they provide a framework, he envisions the items changing as they go through the process.

Ms. Cross inquired if the Councilmembers have seen the spreadsheet and if it is helpful with the discussion as that bridge. She commented she thinks it should also illustrate what the cost is if something is eliminated from a prior Council as there has probably been an investment of time and dollars. She explained it is okay to recalibrate and make changes, but understand that they are making purposeful decisions, they know the history of things, and then they reprioritize.

She mentioned the second item is to adopt governance guidelines and policy framework. She indicated she would clean up the document up and during the December 14 Council Meeting, the Council can take an opportunity to vote on the protocols and policy framework. She inquired if any Councilmembers would not adopt this governance framework and if not, why, or what can they do to make this a better, more effective document.

Councilmember Meadows commented he is good with the document.

Councilmember Fuller commented she did a good job and thanked her for her work.

Councilmember Williams commented she thinks it's great. She mentioned she wants to make sure they are actually doing these things and this is not just a piece of paper. She mentioned she wants to point out again that she is the one that called for it. She expressed she wants to make sure they live up to the stuff in the document because they have work to be done.

Ms. Cross commented she thinks that is going to underscore peer to peer accountability because she thinks they can all do that; they are rowing in generally the same direction, 25 meaning the shared vision and mission, and they have different methods to get there, but have a common shared goal.

Vice Mayor Pope commented he likes it and is fine with it, but with every rule or guideline there's a consequence for not following it. He inquired if the document doesn't provide any consequence, how they first hold themselves accountable and hold each other accountable when they see that they are not standing up to these ideals.

Ms. Cross responded if there is something happening and they are not living up to their Code of Ethics or Values, and if it is distracting them from implementing the Strategic Plan, General Plan, or any of the guiding documents, it is the responsibility peer to peer for Councilmembers to remind that the distraction is costing the City money because that is really what it is; they have to start monetizing their actions. She mentioned when they are working effectively and efficiently, even if it's a debate, it is healthy and that debate shouldn't be discouraged. She encouraged it be in a public forum where discussion can take place. She mentioned when it doesn't occur in a forum where the public can be invited, where people can be in the same room when it happens, that creates more challenges, so she recommends peer to peer. She indicated the consequence is reminding everyone it is going to detract from the mission, vision and goals, and it's going to have a cost. She commented she doesn’t know if that is toothless or not. She mentioned they are all impassioned people at times about different things and they are not going to limit that, but they are going to make sure it is harnessed in a way that can create productive outcomes.

Councilmember Fuller mentioned it is important to state that what he may see as out of line, the other person may not, and that's where it comes in and that is why there are five Councilmembers, not just one. He commented it is open to debate and interpretation, and that is why they have a dais of the meetings and discussion.

Ms. Cross mentioned if people are staying on agenda, they are staying within the timeframe and not diminishing any of their values, and if they are, she thinks they need to have that discussion at the Council level.

Vice Mayor Pope agreed that debate and discussion should be in an open forum for everyone to participant, meaning all five Councilmembers, not two or less because of Brown Act restrictions. He also agreed that debating theory, policy, concepts and ideas are fine, but it is not okay when someone just bold face lies, makes ad hominem attacks and spreads falsehoods that are nothing about something the Council might vote on.

Ms. Cross suggested they address that. She mentioned if there is some misinformation outside the Chambers or misinformation even inside the Chambers they have the opportunity to correct the public record and state that may be one Councilmember's position, or it could be a public or interested party, but this is my position on it and that's why that statement from my perspective is not speaking the truth of what's been stated tonight. She mentioned Councilmembers need to provide that clarification in real time and not stay silent rather than letting the misinformation or something that seems so 26 contrary to their position hold the timeframe and they have a right to counter what the other person may have said.

Vice Mayor Pope commented it sounds like they need an agenda item for clarification of false statements or social media clarifications because that's not on the agenda.

Councilmember Fuller commented he thinks they need the City Attorney on that one.

Mr. Cole made comments that were inaudible.

Ms. Cross commented that the question they are asking is if there is someplace on the agenda to address things said outside the City Council Chamber.

Mr. Cole responded that seems juvenile and he will be honest; they don't like what each says on social media and they want to have a response. He asked why they are doing it at their meetings. He mentioned if there is an agenda item and somebody is saying something about the agenda item, it is teed up. He provided an example:
“Councilmember Jones I understand you said X about this action we're taking tonight.

You're wrong. Here's why.” He inquired if it is not something on the agenda, why they need to have a tit for tat and going back and forth. He mentioned if they want it, they can do it. He mentioned it is not that they can’t do it, it is how they do something and he hears they want to battle over what is said on social media. He expressed he feels like they have better things to do with their time.

Ms. Cross summarized what she heard: If there is something said that is on topic then it is on the agenda and it can be addressed; if it is off topic then they can, when the time comes up on the agenda, put it on a future agenda. She mentioned what she hears Derek saying is that they should stay within the framework of the City’s guiding documents and discuss the business they are here to conduct together as a governance team.

Vice Mayor Pope commented he agrees wholeheartedly with the City Attorney. He shared he put himself on a social diet lately; he doesn’t delve into it and hardly posts at all. He mentioned he has always taken the stance that free speech is there for a reason; the more people talk, the more they reveal about themselves and the public can see them for who they are. He added that people can talk as much as they want and reveal themselves, but when people forward him things that are bold face lies, that if not countered are misleading the public and are destroying all the things that they are trying to talk about here, they have to be held accountable. He explained if they are not held accountable to it, it is not worth the paper it is written on. He mentioned the whole reason they are going through this process is because that was not happening, so without some mechanism to ensure that this gets the respect and value it deserves, it is meaningless.

Ms. Cross mentioned they did talk about having the Core Values and the Code of Ethics being placed in the Council Chamber and just like they do the Pledge of Allegiance, 27 they could remind everyone to uphold the Code of Ethics and the Values, and if that is not happening, she thinks it goes on the agenda.

Councilmember Fuller commented that is why he stressed the training. He mentioned his perspective is that the old adage that knowledge is power, so if someone is upset with something, they go and get knowledge of it and learn how to use it within their own realm. He mentioned here (and before) semiotics is now a scholarly enterprise being studied on a regular basis within academia; it is here to stay and is the study of letters and the use of symbols combined which is social media. He mentioned he thinks there are many organizations, community colleges, English classes, and many other places that enhance the ability for a person to use it and if they try to silence it, that is where they end up in very sticky ground in his mind.

Ms. Cross responded she is not sure she hears it is about silencing, but rather they want it to be productive.

Vice Mayor Pope commented it should be open, transparent, truthful and factual, in addition to they are a team. He mentioned Ms. Cross used the phrase that they are rowing the same boat. He mentioned they might disagree on the dais, it could have been a 3-2 vote, 4-1 vote or 5-0 vote, but when they go out to the public, they need to be able to show a united front. He mentioned maybe he lost the debate, the vote went against him 4-1, he was the one dissenting vote, but when they go out, he doesn’t make personal attacks on the other four Councilmembers, talk about how stupid they are, talk about how they don't deserve public respect or the respect their position deserves, etc.

He shared he bites his tongue. He mentioned he doesn’t have to go out and cheer lead because it's not his vote, but he doesn’t go out and sabotage, disparage, or disrespect.

Ms. Cross indicated they have talked about this and know there have been things that have pulled team Oakley apart so to speak; it has been highlighted and day lighted. She mentioned now they have to expect that they do have social media as a tool of communication and they should be communicating to the public over social media and any tools to get information out, but they should also be communicating responsibly and that is what they outlined in this document; they should be reminding each other about this document and the commitment they are making because it is a reflection on the whole City, not just a reflection on the individual. She commented they are representatives, ambassadors, and they are governing this City.

Councilmember Fuller agreed mentioning fake news and the lies have gone by the wayside. He mentioned if somebody is saying something that you believe is a lie, you say specifically this is a lie and why. He added that the other person may have something you might not like to see, but that's the way it goes, but it is not this is a lie and fake news; that era is gone.

Ms. Cross moved on to the next item, Section 3.0, Update the Strategic Plan to reflect City Council's Vision, Mission, Values, Code of Ethics, Goals and Priorities. She mentioned she is going to keep quarter two and add the other dates that were described 28 earlier to make sure they keep in sync with updating the Strategic Plan with the election calendar.

Councilmember Meadows inquired how long will it take to do it because they have waited almost a year.

Mr. McMurray responded he does not plan on pushing this off. He explained it is not something they are going to slow roll out; he wants to start the January 11 meeting with the visioning workshop and move on from there. He mentioned realistically March to April is probably more realistic for completion. He explained it needs to be done by April as the Strategic Plan drives the budget so they cannot wait to adopt the Strategic Plan; they need to be pretty much in agreement on that Plan to drive the budget, so there's going to be no time wasted. He added there is a sense of urgency he hears from all five Councilmembers and the plan is to move it forward as quickly as possible.

Ms. Cross requested Mr. McMurray describe the process. She suggested maybe that will shed light why they won't have a final product until end of March or early April.

Mr. McMurray explained there will be a visioning workshop in January. He mentioned normally the City conducts a community wide survey to frame the Strategic Plan process. He shared he plans on bringing in a facilitator this year to lead that Strategic Planning process. He mentioned there will also be community meetings and City Council meetings to discuss the ideas and desires of the community and Council. He shared that staff will go back and research those ideas to see what is feasible within their constraints and budget, and then they have to bring that information back to the City Council for approval and adoption, so it's an extensive process. He mentioned it is not something they can throw together in a month or two, but three full months is probably adequate. He mentioned they will start in January with the visioning work session and they need to allow time for the community survey. He mentioned they can release that early in January to coincide with that visioning work session. He indicated that is why it may go into April but he understands the sense of urgency and doesn’t plan to hold back at all.

Vice Mayor Pope inquired if part of what Mr. McMurray envisions is having a public event like in the past at the high school in the gym where people can attend and have different sessions.

Mr. McMurray responded he would like to but it depends on whether or not the state regulation and school will allow it. He explained if not, they can consider using a City facility. He explained it all depends on what the regulations are in place at that time, but the goal is to get as much community input as possible and he prefers in person input.

Ms. Cross inquired if the City could hold that meeting with current state regulations.

Mr. McMurray responded he does not believe it could be held at the school right now, but he believes the meeting could be held in the Recreation Center. He mentioned they 29 have to do the protocols right now with vaccines and proof of vaccination or negative COVID test since it may be a sizable event.

Ms. Cross inquired if she should change this to quarter one. She commented it is easily a 2-3 month process by the time they hold their meetings. She mentioned they are going to do a survey among the City Council and staff like they did on the governance policy with potential interviews and then they are going to do a community survey.

Mr. McMurray confirmed that is correct.

Ms. Cross indicated the surveys have to be developed, distributed and there has to be time for people to respond and then consolidate the data.

Mr. McMurray commented April is more realistic as an end date. He explained he does not want to set up an expectation this can't be met and to be fair they need to have as robust of a process as possible to give the Council the most opportunity to get the plan in place that they want.

Councilmember Meadows commented he wrote down on his sheet to have it finalized by April 15, which basically is after the first City Council meeting in April. He expressed he understands they need this in place, but they have limiting factors because of the situation the world is in. He mentioned they are also going to be doing this one year later so he wants it to be done. He realized there will probably be changes in first quarter of 2023.

Ms. Cross called for any other comments on item number 3.

Assistant to the City Manager Nancy Marquez provided comments that were inaudible.

Mr. McMurray responded that he is hearing the Council wants to alter it and move it up so that is what they are going to do.

Ms. Cross commented she wrote down that the Council wants it voted on by April 15.

Ms. Cross addressed Section 4.0, Structure and Facilitate Council and Special Meetings, as outlined in Section 3.0. She called for any questions or comments.

There being none, Ms. Cross moved on to Section 5.0, Design Council Agendas to Reflect Planning Document Goals for Decision Making and Status Success Factors Barriers to Success and Information Needed. She mentioned she is going to add to design Council agendas to reflect planning document goals and why for each meeting as suggested by Councilmember Williams.

She moved on to Section 6.0, Update Strategic Plan Biannually with Input from Internal and External Stakeholders to Survey an Annual Special Meeting. She mentioned she will update this on the discussion about the election year, etc. 30 She addressed Section 7.0, Post Vision, Mission, Code of Ethics and Values at City Hall to Remind of Shared Responsibility and Focus. She mentioned that will be done after the Strategic Plan so she is going to put quarter two here.

She addressed Section 8, Develop Budget and Staff Resource Allocation by Program Project and Initiative to Ensure Priorities are Successful. She called for any questions or comments regarding this section.

She mentioned she is missing one more, Respect Lines of Communication and Governance Roles and Responsibilities. She mentioned she will add Number 10, Training for Social Media and Meeting Procedures to be kept up to speed and that will happen after the election for incoming electeds.

Ms. Cross called for any other comments.

Councilmember Williams suggested where it says develop budget and staff resources by program to put out the spreadsheet for the public to see as a good way to keep the eye on the prize.

Mr. McMurray responded it can be public and he plans to include that in the visioning workshop.

Ms. Cross announced that is all they had for this Governance Guidelines and Protocols policy framework. She inquired if overall if there is anything in the document that isn't in there that they think should be added or any comments on the process.

Vice Mayor Pope indicated when the Council has finished with comments, he would like to hear public comments.

Ms. Cross asked each of the Councilmembers to speak about this process, what it has been like for them, and what their level of commitment is to move forward and try to execute this framework as intended.

Councilmember Meadows commented he likes what Ms. Cross has come up with and what they have come up with. He mentioned he appreciates these meetings and none of them are perfect but he always tries to do the right thing. He mentioned they are all different and all going to live up to their own ideals, but he does try to do the right thing and live by a lot of what is in this document. He added that is not just from today or two weeks ago but every day, and so he appreciates this. He expressed he plans to do what he has been doing and if he offends anybody in this room to let him know. He mentioned he might not like what you say but he is open to hearing it.

Councilmember Williams agreed with everything Councilmember Meadows said. She expressed it is great to see all of this solidified and she wanted to have this workshop so they could get to a place where they are living this every single day so her end goal was achieved. She mentioned they will see as they continue down the path, but the whole 31 reason she ran for City Council is because she wants to make Oakley the best it can be, she doesn’t want the distractions, she wants to make sure they are giving everything they can to the people that voted for them, and the people that didn't vote for them, to move the City forward. She expressed she loved doing the workshop and thinks it is great that they came to all of this especially because she does not want the staff to feel like they're not supported in the Council’s decisions and she really just wants to have a bridge with the community to ensure they are understanding and that the City is keeping positive transparency. She added there is stuff that will happen that is not ideal or that they don't all agree with, or maybe they didn't like the decision. She mentioned she heard Josh say several times "I should have done that differently" and that's the spirit, and like Councilmember Meadows said, not everybody is perfect, but if they are transparent, especially with the mistakes, they lead better and do the things that taxpayers expect them to do.

Councilmember Fuller commented he had his doubts to begin. He expressed he thinks it was clear that he had his concerns what was driving this and Ms. Cross did a good job putting it back in place. He shared he appreciates this atmosphere. He shared a former work experience and indicated during that time they reviewed everything that had happened and what needed to be done daily. He mentioned they all have different assets, different gifts, they bring to the table, they all need to be heard and it needs to come about in an open forum for the good of the community as the community needs to know what they are doing. He mentioned being newly elected, he heard over and over again that people don't know what is going on in City Hall, they haven't been told the truth because it is hidden and something is going on. He mentioned he was beginning to feel the atmosphere. He shared he thinks it was a whole year that every Councilmember voted aye out of 24 or 25 meetings and that is not healthy because that is not debate. He mentioned now he hears the Council is fractured and doesn’t know what it is doing, but he is hearing at least they know what is going on so he thinks that is important.

Councilmember Meadows commented that they don't all vote aye, but if you look at their votes, they're all mixed up. He mentioned many of them have been on the losing end, a 4-1 vote; different people make motions and different people second them so it is not now what Councilmember Fuller has described has happened in the past. He shared that he finds it interesting because it is governance; it is five people trying to help a city.

Vice Mayor Pope shared he has been on the Council almost 11 years and does not remember a time period where everybody voted the same. He shared he has been the sole voice on the Council voting against something or something that the others don't support many, many times, but it's nice it has that feel. He also shared it is nice to have the appearance that they all get along even though they don't agree all the time, none of the in-fighting. He mentioned they are not making newspaper headlines and drawing negative attention to the City and City Manager, they have an air of professionalism even when they disagree, and they can passionately disagree and they have. He explained when the vote comes down, that is what the vote is and he has won and lost votes, but hopefully they can restore that and move forward with the best interest of the 32 people that put them in this position. He shared they were elected at different times and maybe for different reasons by different people as the population changed, but they have to do what they think is best and they have to be honest, open and transparent with the people that they represent so they know what the Council is doing and why they are doing it. He expressed as far as that goes, he thinks the framework is a step in the right direction. He mentioned he hopes staff and the Council alike will help him if he falls short as he is not doing it on purpose. He mentioned he may not be aware of something he does and hopes they will pull him aside privately and be respectful. He mentioned he will probably receive it better than in public without shaming him. He expressed he wants that feedback and hopefully he doesn’t have to get it very often. He mentioned as they are going through this, he kept looking for example parts that spoke to him and asked himself what he has done to cause this policy to be put in place. He mentioned he said it before the last meeting and his ask is still there that if he has done any of these things they are saying not to do, to please let him know. He mentioned they can go for coffee or lunch or put the information through the City Manager if they are not comfortable saying it to him in person, and he can make it anonymous or whatever they are comfortable with, but he wants to hear it and if he doesn’t know, he can't fix it.

Mr. McMurray thanked Ms. Cross for her professionalism and approach. He mentioned this has been a somewhat sensitive topic and he is impressed the way the Council worked through this issue to get to a place where they now have a framework they can adopt at the next Council meeting. He commented that is a testament to everybody's commitment to this organization. He thanked staff for committing to this process and going through it. He mentioned it has been lengthy and he thinks they are all happy it's coming to an end, but there is still a lot of work to do and they are committing to doing that work.

Ms. Cross thanked him. She mentioned some of the public took time out of their schedule to join the meeting and opened the microphone for their comments.

Vernon Morris commented he tries to attend as many meetings as he can, but he can’t get to all. He expressed he thinks this is money well spent and it should be done on an internal basis every year, at least one or two meetings at the end of the year. He shared he has worked in construction for over 45 years and in upper management for the last 25 years, and they did this internally with some of the key people and it really ended up with good results.

Mr. Cole shared he has been City Attorney since 2011, he has seen a lot of Councilmembers, and this is a deliberative and thoughtful group; all five Councilmembers have shaken things up in a positive way and he agrees, he doesn’t remember the unanimity that Councilmember Fuller remembers from the last Council, but this Council votes differently and that is a true statement from his recollection. He mentioned they don't vote the same, they don't have blocks and they don't have clicks.

He expressed it is actually kind of interesting to watch from a political science standpoint and this has been a good process. He commented that he does not think he 33 has ever done this here or in any other agency; it has been very helpful and illuminating.

He mentioned this suggestion from Councilmember Williams is a wonderful one.

Ms. Cross commented she had the privilege to not only see all the results of the survey, but the privilege to speak to each of the Councilmembers and staff. She explained when she walked into this she did not know what she was walking into; she had not worked or been in this city before. She shared when she walked in, there was a lot of pain and she think everyone felt that pain, but it wasn't just for the sake of pain, because they are all so unusually committed to the City of Oakley. She clarified when she says unusually, she means she has never seen all staff say how committed they are, express what they want for the city, share how there has been a lot of politics over the last many months that have felt very alienating, and how they want the city back on track. She shared she spoke with each Councilmember and each Councilmember told her how important the city is to them and what inspired them to run. She commented that people aren't running for political office. She shared she is a Political Science major and worked on Capitol Hill in Washington, D.C. and Sacramento. She expressed that she believes the heart and intellect they all took in their interviews and came here bravely and spoke honestly, she knows they genuinely not only have the City's best interest in mind, but they have each other's best interest in mind. She mentioned the City needs them and that diversity of opinion, and they need the inclusion of everyone's thoughts because there are many ways to pave the road ahead. She encouraged them to keep up the good work because this is work, and they are under a tremendous amount of pressure, a lot coming from outside this city. She shared this means they need to keep the city safe, be competitive, and with residents working as close to the city as possible to make lives better. She mentioned that it is incumbent on Team Oakley to do that and everyone is counting on them. She shared she felt that was genuine. She mentioned you just can't take a governance document off the shelf and change the cover; they had to go through the process; it has to come from them, the solution has to come from them, and most importantly, upholding it has to come from them. She agreed with Vice Mayor Pope that no one wants to be publicly shamed. She encouraged everyone to be respectful and try to do that individually. She mentioned she knows they are not going to agree on everything and the debate that they are having needs to be a healthy debate, but they need debates without it being personalized. She thanked everyone for bringing their heart, soul and intellect to the process. She mentioned as they move forward, she is confident they are going to be able to recalibrate the priorities that reflect this Council's mission and vision that they were elected to do. She mentioned she is encouraged that they have an interim opportunity so they don't have to wait for the new Strategic Plan to be sanctified and then they will have a new Strategic Plan that will help again be the road map to delivering their vision and mission. She thanked everyone and mentioned they will bring the document back at the next Council meeting to be voted on.

Vice Mayor Pope commented that will be the first and only meeting in December since they are on a holiday schedule.
6) Adjourn
34 There being no further business, the meeting was adjourned at 8:31 p.m.

Respectively Submitted,
Libby Vreonis
City Clerk
35 Minutes of Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority held
January 11, 2022
1) OPENING MATTERS

1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
Mayor Randy Pope called the meeting to order at 6:30 p.m. in the Oakley City Council Chamber located at 3231 Main Street, Oakley, California. Vice Mayor Aaron Meadows and Councilmembers Anissa Williams, George Fuller and Sue Higgins were in attendance.

1.2 Pledge of Allegiance to the Flag
Mayor Pope led Pledge of Allegiance to the Flag.

1.3 Proclamation Recognizing January 23-29, 2022 as School Choice Week Mayor Pope read the proclamation into the record.

1.4 Proclamation Recognizing January as Human Trafficking Awareness Month (Claudia Gonzalez, Contra Costa Alliance to End Abuse)
On behalf of the City Council, Mayor Pope presented the proclamation to Claudia Gonzalez with Contra Costa Alliance to End Abuse.

Ms. Gonzalez thanked the Council for acknowledging human trafficking. She mentioned there is an upcoming meeting and additional information on their website, https://www.contracostacoalition.org, for events, training, or to learn more.
2) PUBLIC COMMENTS
Randi Adler commented she noticed that agendas are not on NextDoor but should be so residents can take an active role in their community. She mentioned when she moved here 10 years ago, her neighborhood was not recognized by the City and should be. She commented the millennials are lost; they have no idea what finances are about because it is not taught in schools so they have no clue how to be on their own, but parents want them to be on their own and be able to take care of themselves. She expressed she believes the Mayor should be elected by the voters rather than people newly elected by Council who are new to what they are doing.
36 Mayor Pope commented if the Council concurs, staff can add agendas to social media.

Mayor Pope called on Diane Merritt and asked if she wished to speak. There was no response. He indicated the Council received two general public comments in writing that will be reflected on the record.
3) CONSENT CALENDAR

3.1 Fiscal Year (FY) 2021/22 Second Quarter Report on the Capital Improvement Program (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.2 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney) Councilmember Fuller inquired if the action the Council is taking is to accept item

1.3. Mayor Pope confirmed that is correct.

It was moved by Vice Mayor Meadows and seconded by Councilmember Williams to approve the Consent Calendar. Motion was unanimous and so ordered. (5-0)
4) PUBLIC HEARINGS

4.1 City of Oakley Focused General Plan Update (GPA 01-20) – Adoption of a Negative Declaration and an amendment to the City of Oakley General Plan to bring it into compliance with state requirements related to environmental justice, mobility, and climate change and adaptation. (Ken Strelo, Planning Manager)
Planning Manager Ken Strelo presented the staff report and opened a PowerPoint presentation.

Beth Thompson, Principal with DeNovo Planning Group, mentioned she is the project lead and will be presenting.

Beth Thompson discussed the project description, the General Plan, consulting services, background, a project summary, land use element amendments, circulation element amendments, growth management element amendments, economic development element amendments, open space and conservation element amendments, parks and recreation element amendments, community health and safety element amendments, noise element amendments, other changes, and CEQA compliance.
37 Councilmember Fuller asked Mr. Strelo to explain the Downtown for him in terms of density and housing. He mentioned his understanding is there are 42 units per acre and there are over 100 acres there. He inquired how it would be developed, how it came about, and the intent what to do with it.

Mr. Strelo responded the map they are seeing is from the Downtown Specific Plan and it constitutes what is the Downtown Specific Area Plan or land-use map for lack of a better term. He explained there are 3 sub areas; orange for the Downtown core and has the most intense uses, the Downtown support area has similar types of uses but with conditions on where residential can be located, and RCCO which is residential with allowance of commercial conversion for lowtraffic generating commercial uses. He mentioned it would allow for multi-family development.

Councilmember Fuller inquired what the density is for orange, gold and yellow.

City Manager Joshua McMurray responded that orange core area allows for up to 45 dwelling units per acre, the gold support area allows for up to 24 dwelling units per acre, and the yellow residential conversion opportunity area allows for

16.7 dwelling units per acre. He mentioned densities are set in the Downtown Specific Plan, the General Plan is more general in that it defines the land use and boundary of that land use, and the Downtown Specific Plan further defines it; it gives development standards, densities, intensities, use allowances, and development standards specific to uses over and above what the City’s Municipal Code allows.

Councilmember Fuller asked him to go over the density again for the orange and gold.

Mr. McMurray inquired if he means the gold support area or conversion area.

Councilmember Fuller responded from Main Street and Hwy 4 to Ruby going West to Vintage Parkway, the density within the orange triangle.

Mr. McMurray responded it is up to 45 dwelling units per acre.

Councilmember Fuller inquired about the gold.

Mr. McMurray responded it is 24 dwelling units per acre.

Councilmember Fuller inquired when the Specific Plan was approved.

Mr. Strelo responded he recalls it was approved in 2012.

Mr. McMurray responded it was approved in 2010 and updated in 2017. 38 Mr. Strelo commented the General Plan amendment doesn’t have any bearing on the Downtown Specific Plan so it would not change allowable densities in the City of General Plan.

Councilmember Fuller commented his understanding is if they do not approve this, the Specific Plan can be brought back and redesigned.

Mr. Strelo responded it would if the Council desires.

Councilmember Fuller mentioned is a developer wants to build affordable housing and submits a plan for 42 dwelling units per acre, the City would be obligated to issue a permit and allow the developer to build.

Mr. McMurray responded that the state has made it that way and a developer would have ability to build an affordable project in the Downtown.

Councilmember Fuller inquired why it was passed the way it was in 2010. He mentioned they did not have that obligation then; a developer could have built at market rate.

Mr. McMurray responded that the density bonus provisions in state law have been around for some time, therefore he believes even in 2010, a qualifying affordable project would have been permitted.

Councilmember Fuller responded that affordable projects marginalizes lowincome individuals by placing them all in one area and in the process they bring about more demand for services in area because of congestion and need for increased fire and police to serve the population. He indicated the City would lose a lot of latitude.

Mayor Pope reminded Councilmember Fuller he asked for questions only during this time to the update.

Councilmember Fuller responded that all he has been asking are questions. He inquired how they are going to provide services if they go ahead with this type of plan.

Mayor Pope commented he is not sure if that is a fair question for staff and mentioned staff should not have to answer.

Councilmember Fuller indicated this is going to go on for a year. He asked how the City will provide services there in terms of funding.

Mayor Pope asked him to be more specific. He mentioned he should ask a question staff can answer.
39 Councilmember Fuller commented he thinks staff can answer it but he doesn’t think Mayor Pope wants them to answer it.

Ms. Thompson responded that they are talking about a focused General Plan update so there are no changes to the Downtown Specific Plan, there are no changes to land use designations, they don’t increase the density or intensity of land uses through this exercise, and there is no detail infrastructure analysis because there is no change or increase of development potential with this project and how it resides in the General Plan.

Councilmember Fuller commented that this project is under new laws; in 2010 it was not the same as in 2021; they are running a different type of project. He mentioned he has been here enough and he can tell by Mayor Pope’s demeanor that if you vote for something it will go in whether you want it or not. He shared he in inclined not to vote for Downtown projects like this because the City is not prepared financially to provide services there. He explained they were prepared to provide at market rates, but now that law has changed to allow for affordable housing, he wants to know from staff if the City can afford to provide services. He explained if the answer is no, he does not think they should go ahead and they can’t bifurcate the General Plan from the Downtown.

City Attorney Derek Cole commented he is struggling to understand the issue regarding designations for the Downtown Specific Plan. He mentioned if the Council takes this action tonight, if he understands his question, he wants to know if it makes it difficult or interferes with the City providing municipal services to the Downtown area.

Councilmember Fuller commented that everyone is saying it is the same, but it is not; if approved, they are now under a legal obligation for affordable housing and he doesn’t want to just say okay. He inquired if they can bifurcate out the Downtown area from the General Plan because he doesn’t believe the City can deliver services it thought it could deliver in 2010.

Mr. Cole responded that they would have a segmenting problem with CEQA which requires looking at the project as a whole. He mentioned he hears they are not changing designations so he doesn’t know any action tonight would have any effect on the City’s ability to provide services. He mentioned people still have to pay impact fees, they are not developing for free, they have an obligation to provide fees and pay other charges-they don’t go away, but he believes the City still has ability to provide services even if the Council’s authority to limit or say no to development doesn’t exist.

Councilmember Fuller mentioned there was mention of aquifers. He shared there is an aquifer in San Gabriel with people living on top of it and comments have been submitted that no house should be built on top of it. 40 Ms. Thompson explained that it would be very difficult to not build housing on aquifers because aquifers underlie many areas of cities; they are water below the surface of the earth. She shared that the situation in San Gabriel is a 44 square mile are affected by industrial contaminants and an area identified for clean-up as they have a huge number of people living on top of the aquifer in housing constructed above it.

Councilmember Fuller commented the aquifer is being cleaned. He inquired why it was polluted.

Mayor Pope commented he is not sure how this is related to Oakley Focused General Plan update.

Councilmember Fuller commented Mayor Pope is going to do this for a year and that is fine, but he expects to hear an answer.

Mayor Pope commented it has nothing to do with the Oakley General Plan update. He indicated to Ms. Thompson she does not have to answer, but if she would so they can move on, he would appreciate it.

Ms. Thompson mentioned the update tonight addresses groundwater quality in the conservation and management elements; it will be reviewed and considered as projects are approved.

Councilmember Fuller inquired if it is being cleaned up.

Ms. Thompson explained that a General Plan is not the mechanism in in which clean-up occurs. She shared there is a groundwater sustainability management agency that is addressed in the General Plan. She mentioned the Department of Toxic Substance Control and the EPA would work together regarding clean-up of contaminated areas. She shared there are 35 open cases in their aquifer.

Mayor Pope inquired if that aquifer is under Oakley or the Central Valley.

Ms. Thompson responded it is the East Contra Costa sub-basin which underlies Oakley.

Councilmember Fuller commented they can’t talk about that though because Mayor Pope said so.

Mayor Pope inquired if Councilmember Fuller is done because 4 other Councilmembers would like to have an opportunity to ask questions.

Councilmember Williams mentioned she had questions regarding any changes to classifications to the Downtown which were asked and answered. She expressed appreciation of incorporation of feedback from the various agencies. She inquired if Ms. Thompson can go through the changes incorporated and those not. 41 Ms. Thompson mentioned there were comments regarding the CEQA process and that an EIR should have been prepared because they identified a number of changes on the roadway and in land use. She also mentioned comments on Laurel Road and the update has no effect on that. She also mentioned there is one small change with land use from business professional to light industrial and it currently exists, but it is just being refined; it does not increase intensity or density. She mentioned there were comments on CEQA in regard to policies in the negative declaration. She explained for the benefit of the reader, CEQA doesn’t rely on policies and programs to mitigate impacts as there were no potentially significant impacts. She mentioned they were listed so the reader could understand how the City is further reducing those impacts. She mentioned changes were made where warranted and appropriate and where changes that would create an undue burden on the City beyond the scope of the General Plan are not recommended, but changes can be made. She mentioned there were a number of changes to further address sea level rise in response to comments, one of which indicated they didn’t understand the difference between a 100-year flood event and sea level rise. She explained the General Plan update document shows sea level rise conditions under multiple scenarios and shows those under 100-year flood level conditions so Oakley is more protected. She shared there were also changes to the mobility element to enhance bicycle and pedestrian modes of travel to further support reductions in VMT and to the Air Quality and Greenhouse Gas Emissions section to reduce such emissions. She mentioned refinements were made to address groundwater quality, flooding and drainage, sea level rise and transportation.

Mayor Pope mentioned there was a comment regarding having the negative declaration under a separate agenda item and asked if the City Attorney can address that.

City Attorney Derek Cole explained the way they format their agenda item is they provide an agenda description and then they provide a list of actions to be taken.

He mentioned in the original agenda, they included that they would be taking action on a Notice of Intent to adopt a negative declaration in the original agenda so they did originally comply with the Brown Act, but in an abundance of caution, they took the top language after “4.4” and added the words in. He mentioned he agrees with the commenter regarding case law, and agrees with the CEQA requirement, but believes the City was initially in compliance; they simply changed the top language to be more clear.

Mayor Pope commented the agenda has the CEQA/negative declaration language on the agenda.

Mr. Cole commented he appreciates it being brought to their attention and they can always do better to be clearer. He added they were within 72 hours to make the amendment.
42 Mayor Pope opened the public hearing.

Online Public Comments
Mayor Pope announced online comments were submitted by Dan Muelrath and Chris Lauritzen.

Public Comment Cards
Liz Elias commented she does not believe they found any reason to do a new EIR because they didn’t want to find it; it emphasizes their intent to go forward with their plan instead of making a better Oakley. She mentioned there are science deniers on the Council and they shouldn’t be on a decision-making body.

She indicated 3 new Councilmembers were voted in because the citizens were tired of business as usual and the Council is still ignoring what the populous wants. She mentioned a recall. She expressed concern that the City says it wants public input, but solicitation wasn’t an honest try, the website is not userfriendly and is designed to make it difficult to find things, surveys garner so few responses that they are statistical zeros, and the City keeps going with same procedure so it doesn’t want better participation. She also added that the Council is ignoring the spirit of the law, they have already made up their minds, public input has no effect on the final vote, and the Council caters to developers rather than considering what is best for Oakley residents which is not fast-food, gas stations, storage lockers or hundreds of tract homes in environmentally sensitive areas they refuse to acknowledge as such. She expressed it is imperative that the Council reject the negative declaration.

Randi Adler commented she thinks the Councilmembers are all disgusting. She mentioned Mayor Pope shouldn’t have anything to say when Councilmember Fuller is speaking just like the public may not be interrupted when speaking. She shared that the City has catered to low-income more than once and they are doing it again, but there is not enough Police or Fire as fire stations and things keep closing that are important to the public. She commented that when the City was doing construction at Cypress and Main, it closed the auto parts store during Christmas. She mentioned the Council doesn’t care what people want and never did; it is off in its own world deciding what is good for the public. She mentioned there is enough crime in the city that they can’t handle and the government is afraid to let people know what is going on such as why the Chief of Police was fired. She expressed they are disgusting and if they want to deal with the public, they will have to deal with her and she is a pain in the ass.

Mayor Pope closed the public hearing and called for deliberation.

Councilmember Higgins commented there are three sections of the General Plan. She inquired if an EIR is not being done because they are not opening the whole plan.
43 Mr. Strelo explained that three different Senate bills are being addressed. He mentioned there are options; they could have added a single element to the General Plan and addressed all of these issues. He shared that during the 4 or 5 workshops with the Council including 2 envisioning workshops with the public it came out that rather than do a single element it would be better to look at all of the updates for the General Plan together to ensure internal consistency within the document for these updates. He mentioned the updates are bringing the General Plan into compliance with these 3 Senate bills. He expressed they are strengthening the General Plan to put it into better compliance with state law; they are not adding any development, densities or additional allowances. He mentioned it is more strict and more environmentally tuned. He explained that is why when looking at the initial study, they are not proposing any new development with these so there are no impacts and that is why a negative declaration has been found instead of a mitigated negative declaration. He mentioned in order for an EIR to have been found, they would have had to do an initial study, found that there were significant impacts from updating the General Plan to comply with state law, found that those impacts could not be mitigated, disclose those impacts and then adopt it anyways because that is what an EIR does; it discloses impacts, makes a finding the impact is allowed, and you move forward. He mentioned a negative declaration is not something that is decided on prior to a project. He shared sometimes through experience you can kind of predict what will come about after an initial study, but the initial study has questions that are answered, thresholds put in place, and the consultant goes through and does a check box. He explained if no significant impacts are found, that determines what type of document is done which in this case is a negative declaration.

Councilmember Higgins commented if they are saying okay to this, they are updating three areas of the plan, a small update, and she is okay with that.

Councilmember Fuller commented that Mr. Strelo has demonstrated in his opinion to be an expert and his responses fit well. He mentioned what weighs heavily in the General Plan is a scholarly document that provides what the impact of each are. He mentioned responses and items were sent in and there are a number of items listed, but no scientific information or citations why it is needed.

He commented he appreciates it doesn’t have further impact. He mentioned they need to be cognizant and on top of things like aquifers in Southern California and should be worried when people say they can’t build houses in a location. He mentioned people commented they had not come to meetings because they were being bullied by the City Manager and with Mayor Pope’s response tonight, he can see why there would be trepidation and fear of coming. He mentioned it was open for public review for over a month and expressed it weighs heavily on his heart that people were afraid to come to the Strategic Plan meeting. He shared he will vote for the General Plan if they bifurcate out the Downtown because he doesn’t like the way the Downtown is arranged. He mentioned the 44 Specific Plan needs to come back again and they need to look at the impact on services with changes in the law.

Mr. Strelo responded that the commercial Downtown land use designation in the General Plan doesn’t have a density allowance; density is established in the Downtown Specific Plan, not the General Plan, so they would not be reinforcing those densities.

Councilmember Williams inquired if acceptance of this would exempt any future developments from doing environmental studies and impacts.

Mr. Strelo responded that each project is still analyzed under CEQA on its own merits.

Councilmember Williams commented that the negative declaration is only for this amendment.

Mr. Strelo confirmed it is for these updates to bring it into compliance with state law.

Vice Mayor Meadows requested the population number be updated.

Mayor Pope inquired if the number should come from the latest Census.

Vice Mayor Meadows commented that is what he would use, but he is not telling staff where to get it. He mentioned 32,000 was used.

It was moved by Councilmember Fuller to adopt the negative declaration and amendment to the General Plan with a bifurcated plan, everything except the Downtown area.

The motion died for lack of a second.

It was moved by Vice Mayor Meadows and seconded by Councilmember Higgins to adopt the negative declaration, making findings, and amendment to the General Plan.

The vote was taken. AYES: Higgins, Meadows, Pope, Williams. NOES: Fuller. (4-1)
45 5) REGULAR CALENDAR

5.1 Adopt a Resolution authorizing the City Manager to execute a contract with Strategy Driver, INC. to prepare a new Strategic Plan (Joshua McMurray, City Manager)
City Manager Joshua McMurray mentioned the City contracted with Strategy Driver, Inc. for governance protocols that were adopted last year and the Council requested to update the Strategic Plan. He explained this contract would start that work.

Ellen Cross, Principal of Strategy Driver, Inc., shared a PowerPoint presentation regarding information regarding Strategy Driver, Inc., the planning process including surveys and interviews, 3 workshops that would be planned for community input to get to a draft Strategic Plan, and a draft schedule.

Councilmember Williams inquired if the City can solicit more community input between now and the first workshop. She mentioned there are ways to engage more people so the Strategic Plan represents as many people as possible. She mentioned virtual workshops will help, but if they can all put time to upgrade the level of engagement that would be great.

Mr. McMurray responded staff will advertise far and wide. He mentioned the City is holding 3 special meetings/workshops whereas in prior years, it only held one.

He mentioned they will be broadening opportunity for public input.

Ms. Cross shared that the public is welcome to attend and participate in the workshops. She mentioned they will be held in the evenings to try and accommodate as many people as possible.

Councilmember Williams inquired if the workshops will all be in person without a call in option.

Mr. McMurray explained the meetings will be held at Recreation Center and the technology is different there so the meetings will be held in person only.

Mayor Pope suggested maybe Recreation could put something on outside while parents participate.

It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to adopt the resolution. Motion was unanimous and so ordered. (5-0) 46 6) REPORTS

6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray wished everyone a Happy New Year. He mentioned City Hall closed partially for two weeks at the end of the year so he welcomes everyone back. He shared they have a lot of work to do and they are feeling the impacts of Covid-19 within the organization, but they are dealing with it appropriately and moving forward to get the work done.

6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR

AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY
(a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency
Councilmember Williams reported she attended a Tri-Delta Transit Board meeting December 15. She shared 100% of their workers are vaccinated, drivers are 94% vaccinated, but they have a staffing shortage not attributed to the vaccine mandate; out of 117 drivers, they are short 21 drivers resulting in canceled and missed routes. She mentioned the park-n-ride lot is almost ready for pavement with February as the estimated completion date. She also reported Ironhouse Sanitary District (ISD) is increasing sewer rates for condos; they increased the rate for single-family and decreased the rate for multi-family in compliance with Prop 218. She mentioned they are making changes to the bylaws for Board Member elections in case of a tie and will be following Robert Rules of Order. She shared that Vice President Morgan was elected President and Member Amaro is now Vice President. She mentioned the Board voted for teleconference for meetings which must be updated every 30 days and they are moving it to the Consent Calendar. She indicated the five-year Jersey Island Lease Agreement approved can bring $800,000 in revenue. She reported they are going to become the lead agency for Western Recycled Water Coalition and they appointed Tyler Zimmerman as Executive Director. She announced the January 18 ISD meeting is canceled. She also announced the Red Cross declared its first national blood shortage. She encouraged everyone to give if they can and mentioned she hopes they will get a blood drive set up soon. She also reported AB 1400 for universal health care for California is in deliberation right now.

Councilmember Higgins reported Tri-Delta Transit closed the Cypress and Main building during its park-n-ride construction. She shared they had been dealing with weather and Covid so they were a little behind. She announced Tri-Delta canceled its next Board meeting. She inquired if Councilmember Fuller had a report out for his appointed committee.
47 Councilmember Fuller announced Eric Vink is leaving the Delta Protection Committee and he will be missed. He mentioned the tunnel project is down to one tunnel to pump water out of the Sacramento/Delta to Tracy and they want to speed it up. He also mentioned he will be watching the Diablo Water District (DWD) Board meeting regarding land use and aquifer issues, and because it is going to be ongoing, he would ask staff and legal to watch. He mentioned he would like to invite Dan Muelrath, General Manager of DWD, to explain why there is arsenic poisoning in wells in the northeast portion of the City and it is important to understand what is going on and why the area is contaminated. He commented he is impressed and happy that Mr. Strelo shared this with native tribes for review. He expressed he would like to see a presentation of native tribes in the area as the tribes are very much part of local history.

Mayor Pope reported he attended the Contra Costa Mayors Conference and they had an enlightening presentation on Rosie the Riveter and the National Historic Park in Richmond recognizing the war effort. He requested staff help publicize that to public in email blasts and newsletters. He reported he attended the Habitat Conservancy Meeting and announced the next meeting will be held February 28 at 2 p.m. and it is accessible through the county website as all meetings are being held virtually. He mentioned the big item during it last meeting was setting the agenda for next year, approving political actions with its partnerships for advocacy. He mentioned he heard comments how people are intimidated by the Council or staff and apologized if he had any part of that as that was not his intent. He welcomed everyone to speak with him, even if they dislike him, and commented he is still planning to have lunch with Ms. Adler. He invited the Council to speak to him privately if he gets out of line. He explained his intent is to run a professional business meeting and keep the agenda on track and if he is out of line, he expects his fellow Councilmembers to pull him aside and tell him.
(b) Requests for Future Agendas
Councilmember Higgins mentioned there was a comment about new developments going forward. She requested zero turf or low maintenance landscaping for front yards. She mentioned zero carbon emissions for City facilities may be tough. She mentioned they are good challenges to get as close as possible to.

Councilmember Williams agreed.

Mayor Pope agreed and requested solar and battery storage in addition to what Councilmember Higgins said. He mentioned he believes solar is required on all new homes by State law and he would like to look into battery storage being mandatory as well.
48 Councilmember Williams supported Mayor Pope’s request. She requested staff invite schools for conversations regarding how it is decided where they build schools.

Mr. McMurray responded he can ask the school superintendent to provide an update and explain how school sites are selected.
7) WORK SESSIONS

7.1 Live Oak Ave. and Main St. Preliminary General Plan Amendment (PA 07- 21) – Work Session to discuss the merits of a potential project to amend the General Plan Land Use Designation of an approximately 7.84-acre site from Commercial (CO) and Light Industrial (LI) to Multi-Family Residential, Low Density (ML)(Ken Strelo, Planning Manager)
Planning Manager Ken Strelo provided a PowerPoint presentation.

Councilmember Higgins inquired if someone has 49 lots, if they can divide each of the 49 lots in half, and provide an ADU on both lots under Senate Bill 9 (SB 9).

Mr. Strelo responded that under SB 9, potentially someone can divide lots in half, but these lots may not meet standard lot size. He explained if they meet the standard lot size, they could do a home on each and the ADU would be permitted by right. He mentioned what cannot be done under SB 9 is to split a parcel and build two homes on each parcel. He explained you cannot do both. He mentioned there are also some stipulations that if you own all properties or adjacent properties, you cannot split them. He added that these lots may be too small to split; staff would have to review.

Councilmember Higgins mentioned because it is in a transportation corridor, once they change the density, someone could put multi-family units in because SB 10 allows it.

Mr. Strelo responded that he believes these would qualify because the bus stops that have 15 minute intervals which would be one of the key qualifiers.

Councilmember Higgins commented there is opportunity for many multi-units.

Councilmember Williams commented that schools are important and these would be zoned for the Antioch School District, creating a whole new area for Oakley orphans.

Mr. Strelo confirmed that is correct.

Councilmember Williams inquired if the consultant studied this parcel for commercial or light-industrial.
49 Mr. Strelo responded that the consultant studied commercial and also light industrial and does not believe this parcel is one that should not be rezoned.

Applicant Drew Walstrum with Warmington Residential, Inc.commented that Mr.

Strelo did a wonderful job describing the overall general guidelines on the site.

He mentioned this is a tricky site with a lot of opportunities with its current zoning and location. He mentioned he understands well the intent of the General Plan, it is specific, but in practice, a lot is non-compliant and that is why they are asking for a General Plan amendment. He shared they are working with what has been established there with a residential development and they plan to have sidewalk improvements along Live Oak to connect to Main for a cohesive feel. He mentioned with proximity to the highway, they will be one of the first developments people see when they come into Oakley from Hwy 160, so they are keeping a heritage tree and planting vines.

Mayor Pope called for public comments.

Public Comment Cards
Ken Graundstat commented he was part of the East Diablo General Planning in 1981 for 5 years that later went to the East County Planning Commission. He mentioned there were issues they addressed, jobs and housing and transformation and zoning. He mentioned the parcel across the street is partially operated by light and heavy industrial. He shared that Live Oak is operated by trucks and some of them have terminal rights that they can move anywhere within 2.5 miles. He shared his scale goes all the way around the block. He mentioned they thought they were doing right in the old days, this is where Oakley Boundary Committee came from where incorporation came from, and he requested the City respect that. He commented he is excited the City will have a Planning Commission again.

Vice Mayor Meadows asked Mr. Graunstadt if he is for or against this project.

Mr. Graundstadt responded he is for recognizing they had good effort to put it in writing many years ago. He commented he is a resident and a businessman, not a planner or councilmember, and has been involved in this community for 50 years.

Vice Mayor Meadows inquired if this project would affect his operations.

Mr. Graundstadt responded he is not talking about his operation; he is talking about the right of the community.

Ken Ferrante commented he is the property owner of 5245 Live Oak and rezoning would have a negative impact on current operations on light industrial 50 and commercial adjacent parcels, it would not be fair to residents living across the street from light industrial operations, and he would like the City to consider why it is considering reducing the small footprint the City has for small commercial and light industrial. He mentioned they can have opportunity zones attached to both to promote small businesses, jobs and services. He mentioned in his opinion, the City has an aggressive growth plan, but it needs services to provide to those residents. He expressed he strongly opposes this rezoning.

Vice Mayor Meadows inquired which business Mr. Ferrante has on that road.

Mr. Ferrante responded his business is Delta Grinding.

Gerald Soto, Managing Member for Stonegate Partners LLC, commented they purchased the property in the early 1970s and have 50 years of owning the property. He mentioned they originally purchased the property from Enrico Cinquini which included the public storage anchor strip mall and retention pond south of the strip mall that was deeded to the City by Stonegate. He mentioned the parcels have been used for agriculture and a house at one time. He shared that Stonegate has quietly marketed the property for 15 years, first through Cinquini Real Estate and then through a partnership with Cinquini Real Estate, Primo Real Estate and himself, to be quality source for the community. He mentioned over the years, there has been little interest in the property due to the shape, restrictive zoning and lots surrounding it. He also mentioned they were not interested in offers for potential users, i.e., cement businesses, a gas station for corner, a nursery, a church, and a used car lot, and the only potential business, the cement business, was not acceptable to the then City Council. He mentioned the City Council must consider the best potential financial use and the current size of the lot doesn’t lend to many uses. He shared they have had the sincerest interest from residential developers and selected Warmington because they have a great plan for property and the best use for the property is for residential use. He thanked the City Council and those representing the City for their time and service to our community.

Rich Ladiera commented he represents UPS and shares the same concerns as Delta Grinding. He mentioned they have a large truck operation 24/7 down Live Oak Avenue and this area was never designed for homes in his opinion. He shared they previously had a trucking company there in 1984 and still have the same concerns as they did then.

Randi Adler was called upon to speak but was not present.

Councilmember Fuller commented he is not in favor to approve the project. He mentioned light industrial areas are like gold to run a small business or for the cottage industry. He mentioned businesses may disrupt residential with noise during sensitive hours. He mentioned they will start small, get disclaimers, have noise, and soon petitions will be brought to pass restricting hours. He suggested 51 they keep light-industrial and residential separated so they can conduct their businesses.

Vice Mayor Meadows commented as he explained to the applicant when he called to get his feedback, he doesn’t agree with rezoning to residential. He mentioned there is a light industrial component to it and they need to add jobs.

He mentioned if they rezone, jobs will not be there and if the rezone to residential from commercial it may affect surrounding properties as there are limitations on what can go in close proximity to residential. He mentioned if they approve the rezone and the property across Main Street goes, it will be a signalized intersection if built as proposed, and if filled, potentially a gas or fast-food restaurant could go in and this would kill it with this rezone. He expressed this is not compatible with the area for business owners and homeowners.

Councilmember Williams commented she is not for it. She shared she appreciates light-industrial for jobs and cannot in good conscious allow new homes in an area where more kids would go to Antioch schools. She mentioned there would be a market for these homes, but it is not fair to those purchasing homes or to nearby business owners and there is nothing to mitigate those extenuating circumstances.

Councilmember Higgins expressed she is not in favor of it.

Mayor Pope mentioned the applicant tried to meet with all Councilmembers and he does not see their concerns have been resolved. He mentioned when residential and commercial are close to each other, they have to look at potential conflicts. He recalled Rico Cinquini talking about a hotel at this site.

Randi Adler returned and commented when she moved to Oakley in 1991, she was a substitute teacher in the Antioch Unified School District and in a classroom, there was a swastika on the blackboard and on a student’s jeans which she found very offensive. She mentioned to have kids that live within boundaries of Oakley and Antioch schools is putting Oakley kids in a situation where they can join gangs and bring it to Oakley. She expressed concern regarding property value decreasing. She mentioned there is an opportunity here for a new school to bring all school orphans back to Oakley because they are already paying taxes in Oakley. She expressed it is unfair to do that to children especially with everything going on, i.e., parents not together, economy, and government controlling everything. She suggested they bring those kids back as they are paying high taxes. She shared her kids went to Oakley schools and these kids deserve to go to school here because they live here. She suggested the Council get together with the superintendent and put its foot down to do something. She expressed she is opposed to the project. 52 7.2 Work Session – City Council Vision for Oakley
(Joshua McMurray, City Manager)
Mr. McMurray presented and mentioned he has documents available if the Council wants to review.

Mayor Pope called for public comments. There being none, he called for Council discussion.

Councilmember Williams commented that when she ran for Council, she wanted Oakley to be destination city with businesses here that people can’t get in neighboring cities. She mentioned Antioch and Brentwood gas stations draw her into other cities because she can take care of all her errands there. She shared she would love if they promote small businesses that are not already in other neighboring cities and provide incentive for Oakley residents to open Oakley businesses to provide good paying jobs. She mentioned this also applies to Recreation. She indicated they are making good steps with the park and suggested they finish out that plan so they can have tournaments and things that attract people to Oakley to spend money in Oakley. She mentioned they are addressing the fire situation and safety and feels they are making good progress.

She requested a more concentrated effort to reach everyone as much as possible so people can virtually interact at meetings. She suggested ARPA funding may provide ability to do a hybrid model and she suggested it be part of the City’s new vision to get as much resident engagement as possible. She mentioned staff does a good job to try and get people in; the City may not have all the services it needs to do more.

Vice Mayor Meadows shared he buys all of his gas in Oakley. He requested clarification regarding the businesses Councilmember Williams suggested attracting to Oakley. He inquired if she means all of Oakley or a specific area.

Councilmember Williams responded she has in mind some targeted areas that need more business, but they need to look for large areas that can accommodate people. She mentioned Oakley has enough open spaces to spread it out to other places than the Downtown, but to attract people, it would have to be easily accessible. She mentioned they would need to take into account proximity to other businesses; they need a buffer, an overlay for the City, and to improve more areas than just the Downtown Specific Corridor.

Vice Mayor Meadows commented he has a vision for the Downtown and western edges for light industrial. He mentioned there are limited opportunities down Cypress and pockets of commercial. He mentioned his focus is on the Downtown and light-industrial. He expressed they need to bring jobs here. He mentioned he heard Councilmember Fuller’s comment earlier regarding the Downtown and his take is that Councilmember Fuller’s concern is density. He inquired what he is thinking about.
53 Councilmember Fuller responded that staff has creativity to have a library, a music/entertainment center to draw people in to the Downtown. He mentioned the playground and the Christmas tree bring people in. He suggested they take away the high-density concept and provide a more creative atmosphere in the Downtown such as a multiplicity of services, i.e., a Veterans center, a senior center, a library, a place for a book or poetry reading, or a jazz/blues venue.

Vice Mayor Meadows responded his vision is for density in the Downtown. He mentioned along the north side of Main Street he would like to see a linear park with bocce ball to draw people Downtown. He expressed he does not believe those parcels are buildable and Nature Properties probably couldn’t get financing for the parcels because the buildings are obsolete even before built because of the narrowness and all of the properties along that area may have similar problems. He commented that the railroad tracks are a deterrent and he likes the tracks, having grown up in Oakley and listening to the trains. He expressed his vision for Downtown is an entertainment district with retail/entertainment on the bottom, and above and behind residential, so it is walkable and accessible to some public transit. He mentioned he would also like to see a library Downtown.

He also mentioned in the Downtown Specific Plan, the height limit is too low at 35 feet or 3 stories. He indicated some locations are greater than 3 stories but can be done in a way to still preserve some of the character of the Downtown. He commented that the Bistro did a great job and he would like to see it continue. He mentioned some of the vision will take time and some can begin sooner, but the park will help restaurants in that area.

Councilmember Fuller agreed.

Councilmember Williams commented she would love to see mixed use, the proximity to transit is the perfect place, and it provides a lower price point where people can come in; it brings a different audience. She mentioned she would love an entertainment district as people are asking for more to do in Oakley and she agrees with modifying the 35-foot height limit to make that area more attractive.

City Manager Joshua McMurray commented that the Downtown Plan allows 4 stories or 50 feet.

Vice Mayor Meadows inquired if that is not just with architectural elements.

Mr. McMurray responded that the building height is at 4 stories or 50 feet; architectural elements are the Council’s discretion.

Councilmember Higgins commented the polo field could bring entertainment and bring people to Oakley to spend money. She mentioned Harumi is working hard to try and bring business, and the Council can assist her by participating in what she is trying to get going and showing support; they can be present at events like 54 fishing tournaments. She shared that she buys her gas in Oakley. She mentioned she likes Vice Mayor Meadows’ ideas regarding the Downtown. She shared they were unable to develop the skinny strip after the ground-breaking of that area, but that is what it was supposed to be.

Councilmember Fuller commented his #1 priority is to restore trust in City Hall and with that, no new taxes. He mentioned Vice Mayor Meadows knows business and staff knows planning. He suggested they put the two together and allow creativity to come about. He also suggested Police become a model for professionalism. He mentioned he worries about roadways to Bethel Island and Jersey Island that residents are already paying for. He suggested they see what they can do with the shoreline and he is not sure if they can have a consultant.

He also suggested that they look at educational services to bring to the City. He mentioned development of the marina opens up the Delta market to be explored.

He suggested they bring retail businesses and services.

Mayor Pope shared when he began on the Council twelve years ago, he had the same ideas and his vision ran into reality. He mentioned the City doesn’t own land or control uses; they can create opportunity but can’t control business owners. He suggested they look at what they can do to further incentivize and provide an economic opportunity zone to target a specific sector. He expressed he agrees with the Downtown for entertainment use. He mentioned there is a murky future for brick and mortar retail, but businesses requiring human interaction will continue forever. He suggested making Oakley a unique place and destination like a winery and vineyard destination. He shared in Brentwood they have a square with a grape press near Trilogy.

Vice Mayor Meadows commented that the grape press at Trilogy is owned by Trilogy and is where its clubs make wine.

Mayor Pope also suggested Oakley could have a commercial grade kitchen for cottage industries or a wine making center providing Oakley a sense of place with connection to its history. He mentioned he would like a park with pedestrian safe crosswalks to connect businesses on the other side, extending out easterly.

He commented he is not sure how that would work in terms of financial ability. He mentioned he would like to make sure Police have appropriate resources by hiring more officers and equipping them. He commented that public engagement has always been a concern; they have been looking for a magic bullet to spark engagement; people are on social media, but they are not engaging with the Council. He expressed he would like to have an E. Cypress connection for an alternate route to Byron Highway and complete the Laurel Road connection for traffic flow and safety. He requested special zoning restrictions be brought back to the Council to complete. He agreed with Vice Mayor Meadows regarding a walkable community and having homes near commercial and retail in a smart way. He mentioned the road maintenance plan has so many miles of road and the financial plan is inadequate to provide the level of service to maintain them at 55 a high level so the Council needs to prioritize the budget. He indicated he would like to reapproach the Delta-ferry connection to Oakley. He suggested the City move toward selling the Burroughs property because he does not believe the City should be a landlord. He suggested funds be prioritized #1 for public safety and #2 for economic development. He mentioned the Council needs to provide support to Harumi Murata in her efforts with economic development. He mentioned the Downtown train platform is coming and it would be great to connect the linear park with businesses. He shared a caboose is being considered to be located next to the Bistro which will connect Oakley to its past.

He indicated he looks forward to the Strategic Plan update. He mentioned there should be focus on employee appreciation and making City Hall a place where employees want to stay because they can’t do it without staff. He commented that state law is changing housing and he hopes they can examine it to preserve the character of Oakley. He mentioned they should increase staffing. He also mentioned there will be a Zoning Code update. He suggested the Council tour the regional park again and adjust the plan accordingly to make Oakley a destination for various sports.

Vice Mayor Meadows agreed with Mayor Pope and Councilmember Fuller regarding increasing Police staff. He mentioned public safety and economic development go hand in hand so increasing the number of officers is important.

He expressed he wants to keep the light industrial area for jobs. He shared in the 1990s, he was on the Oakley Municipal Advisory Council, working on a project along Live Oak Avenue where the school is now and if a user had certain use, they were willing to streamline the permitting process to attract jobs to the City, but those plans got scrapped with first City Council. He mentioned he would like staff to actively recruit job producing businesses for the light industrial area and work with the special districts to make it happen. He suggested quickly permitting projects to keep jobs in Oakley.

Public Comment
Randi Adler suggested to take a little bit of cities around Oakley and put it here like Todos Santos Plaza in Concord or the Lesher Theatre in Walnut Creek for plays. She mentioned bringing people to Oakley would not cost the City lots of money; Todos Santos brings in revenue to Concord and is so busy parking can’t be found.

Councilmember Higgins commented that Freedom High School just built a theatre.

Councilmember Williams commented that the City has Friday Night Bites and concerts in Civic Center Park.

Ms. Adler commented these things are not on NextDoor; they need to be promoted.
56 Vice Mayor Meadows inquired how she would suggest outreach.

Ms. Adler suggested the City put it in a post and everywhere people know they can go out into the open with Covid. She mentioned there is a way to make people more aware of what is going on and more available.

Councilmember Higgins commented that the library didn’t pass.

Ms. Adler commented that is because everything is available online, but a learning center with retired teachers and counselors is needed to help kids. She mentioned her children know plenty of kids who committed suicide on the tracks because they have no one to talk to and the City needs to make it a priority because kids are isolated.

Mayor Pope commented that the Council had a conversation with the local librarian what libraries will look like for the future.

Councilmember Higgins commented that a library with a service center for tutors, CalFresh, mental health, etc. is a great idea and vision for the Downtown.

Councilmember Williams suggested the City update its website. She inquired what the marquee off of Hwy 4 can it be utilized for.

Mr. McMurray responded it can be used for a lot, whatever the City needs to advertise or promote.

Councilmember Williams suggested it display events and important messages.

She mentioned the ARPA funding survey has been on NextDoor at least 4 times.

Mayor Pope cautioned they should be careful what is being placed on the sign, to keep it brief so drivers can see quickly when passing by. He suggested staff make the website user-friendly and modern.

Ms. Adler commented that people need to know what is going on at meetings.

Mayor Pope mentioned people say things on posts, but not to the Council or staff.

Public Comment
Ken Ferrante commented other cities have opportunity zones with light industrial and it allows properties to develop sooner than later. He inquired if the City has that capability. He shared that he has a 4-acre parcel within that zone that would fit well with that to be developed. He inquired if the City has a process to attach opportunity zones to parcels.
57 Mr. McMurray explained there is a small area on the western edge of the city that may not extend to his property and the formal process starts above the level of city government. He mentioned there are other mechanisms they can explore that are available which is the purpose of this work session. He shared his priority is to update the economic development work plan and they can look at what kind of things they can put in their toolkit to incentivize and speed up the process.

Mayor Pope inquired what is in the way of him utilizing the property, i.e., fees, taxes, regulations, red tape, etc. and what the City can do to improve.

Mr. Ferrante commented all of the above and it would be helpful to have a clear vision and purpose for the property. He mentioned in relation to the parcel tonight, from his perspective, the landowner is desperate. He inquired what the City can do to help attract development. He shared for him it is timeframe and expenses to get it done; an opportunity zone can help with taxes which can help attract businesses.

Vice Mayor Meadows commented that the City can help revitalize blighted areas, but the light industrial is just not built; there are tax incentives at the federal level.

Mayor Pope commented they used to have Redevelopment but Governor Brown did away with it.

Vice Mayor Meadows inquired if Mr. Ferrante is looking to do something different with his property.

Mr. Ferrante commented he owns 4 parcels in the light industrial area and he wants to get productive; there will be discussion on 2 of them so he will be back.

Councilmember Higgins inquired what the plan is and if they will write letters to their Congressman.

Mr. McMurray responded that staff can explore other options; there are agreements the City can enter into with businesses, but they need to start with plan and path forward so staff can implement. He shared some things are within and out of the City’s control, but if they can change or add to what is within control or if there are options to explore, staff is willing to explore them.

Ms. Adler suggested they look at the red tape to tone it down.

Mayor Pope indicated there is regulatory compliance.
58 8) CLOSED SESSION
None.
9) ADJOURN
There being no further business, the meeting was adjourned at 9:35 p.m.

Respectively Submitted,
Libby Vreonis
City Clerk
59 Minutes of 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
January 25, 2022
1) OPENING MATTERS

1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency and Special Meeting of the Oakley Public Financing Authority Mayor Randy Pope called the meeting to order at 6:39 pm in the Oakley City Council Chamber located at 3231 Main Street, Oakley, California.

Councilmembers Anissa Williams, George Fuller and Sue Higgins were also present. Vice Mayor Meadows was absent.

Mayor Pope apologized for starting late. He explained the closed session went long.

1.2 Pledge of Allegiance to the Flag
Mayor Pope led the Pledge of Allegiance.

1.3 Proclamation Recognizing Oakley Resident Ruben Padilla as a World Class Athlete (Nelia Resendiz)
Mayor Pope presented the proclamation to Ruben Padilla. 2) PUBLIC COMMENTS
Randi Adler commented she talked to a housing development and Oakley can put assisted living in Oakley to have low-income housing. She mentioned Clayton charges $2000 for a 1-bedroom apartment with living room, dinette, a small kitchen area, 2 meals per day and EMT on staff. She mentioned another portion can be covered by Medical and a silver sneaker gym can be covered by Medicare. She mentioned someone is in the facility 24 hours per day and it is working well. She mentioned cities are not wanting to put in any more lowincome housing, but for 65 and older, they can use Medicare benefits to cover part of the cost. She added they would have to find a place to put it. She indicated they offer parking, bus service to take residents to doctor appointments and the mall, tea dances, art classes and movies.
60 3) CONSENT CALENDAR

3.1 Approve Minutes from the Special City Council Meeting held December 14, 2021 (Libby Vreonis, City Clerk)

3.2 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency and Special Public Financing Authority Meeting held December 14, 2021 (Libby Vreonis, City Clerk)

3.3 Acceptance of work associated with Civic Center Roof Replacement Project - Capital Improvement Project Number 256 (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.4 Resolution Approving a Recognized Obligations Payment Schedule (ROPS) and Administrative Budget for the Fiscal Year of July 2022 through June 2023 (Tim Przybyla, Finance Director)

3.5 Annexation No. 30 Vintner View (Subdivision 8836) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.6 Agreement with Pacific Advanced Civil Engineering, Inc. (PACE) for Engineering Design Services Associated with CIP No. 255 – Cypress Grove Subdivision Pump Station Building Project (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.7 Adopt a Resolution supporting the Brand-Huang-Mendoza Tripartisan Land Use Initiative to repeal SB 9 and SB 10, and restore local control over zoning and land use decisions (Joshua McMurray, City Manager) Councilmember Fuller requested item 3.1 be pulled for correction.

It was moved by Councilmember Higgins and seconded by Councilmember Williams to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (4-0)
Item 3.1
Councilmember Fuller requested a correction to minutes to remove there was a consensus and to indicate that then Mayor Higgins moved and Councilmember Williams seconded that Vice Mayor Pope would be Mayor. AYES: Higgins, Meadows, Pope. NOES: Fuller.
61 Councilmember Higgins commented she doesn’t see it; she sees that Councilmember Fuller expressed his preference.

Councilmember Fuller commented he is requesting removal of consensus of the City Council language. He mentioned he made no comment regarding Vice Mayor Meadows until after the motion.

Councilmember Higgins agreed.

It was moved by Councilmember Fuller and seconded by Councilmember Higgins to approve the minutes as corrected. Motion was unanimous and so ordered. (4-0)
4) PUBLIC HEARINGS

4.1 Extension of Urgency Ordinance No. 12-21 Related to Two-Residential Units and Urban Lot Splits Urgency Ordinance (RZ 05-21) – Compliance with Senate Bill 9 (2021) (Ken Strelo, Planning Manager) Planning Manager Ken Strelo presented the staff report.

Mayor Pope called for questions.

Councilmember Higgins inquired if the Council can amend the ordinance like any other ordinance if state law changes.

Mr. Strelo responded the Council could; staff would go through same process of noticing and it would come before Council like any other ordinance that can be amended.

Mayor Pope suggested Mr. Strelo explained what SB 9 is so the audience understands.

Mr. Strelo explained and offered business cards to anyone who would like more information after the meeting.

Mayor Pope opened the public hearing.

A resident commented that a 2-year extension is a long time for something that may affect neighborhoods. The resident suggested 3 months and let people look into it.

Mayor Pope closed the public hearing.

Councilmember Higgins commented that the City does not want to do it but it is being forced on cities by the state. She explained the Council fought hard and wrote to electeds. She mentioned there is a petition called Neighborhood Voices 62 to address the state law making the cities have it available at the Brentwood Farmers Market. She explained that the 2-year ordinance keeps the City in legal compliance and they can update it if needed. She mentioned people can keep fighting it by signing the petition at the Farmers Market.

Councilmember Williams asked if 2 years is the longest extension.

Mr. Strelo responded it is.

Councilmember Williams commented that most of the Council is against it, but there are not many options. She explained the Council put in additional restrictions with residency requirements, but otherwise their hands are tied.

Councilmember Fuller acknowledged the same angst as many are expressing.

He mentioned “emergency” is the key word; they need to render aid and if they don’t, the state will do it for them. He mentioned there is a committee in Sacramento watching cities for compliance.

Mayor Pope explained that the state is consistently passing laws to further restrict local laws. He expressed he believes the best government is small government, close to the people and the City should be able to build without big brother forcing it into a box. He mentioned if the City does not pass an ordinance like this, it defaults to state control and the City loses more control so it is the lesser of two evils. He encouraged all, if of the same mind, to address it with the initiative going around, other petitions, and people can reach out to their Assemblymember and Congressman.

Marilyn Tiernan commented she appreciated Councilmember Higgins questions and comments that it can it be less than 2 years.

Mr. Strelo commented that staff is working with the City Attorney and the maximum extension ensures the City is still in compliance with state law. He mentioned anytime within 2 years, the Council can adopt it or amend it as a permanent ordinance; they are not stuck with it for 2 years.

Mayor Pope commented the Council doesn’t like it and has communicated its desire.

Councilmember Higgins mentioned they are all working hard with special districts as it can affect infrastructure.

It was moved by Councilmember Higgins and seconded by Councilmember Fuller to adopt the extension of the urgency ordinance. Motion was unanimous and so ordered. (4-0)
63 5) REGULAR CALENDAR

5.1 Planning Commission Update (Joshua McMurray, City Manager) City Manager Joshua McMurray presented the staff report. He explained he was notified by one Planning Commissioner that he had to resign and he is seeking direction how to fill the vacancy. He reviewed 3 potential options how to proceed and mentioned it is critical the selection occur prior to the Planning Commissioner Academy in March as the Council emphasized newly appointed Planning Commissioners attend that training.

There were no public comments.

Councilmember Williams expressed she prefers to go with the 6th person.

Councilmember Fuller commented he appreciates everyone who submitted applications. He mentioned there was a young lady who may wish to interview and anyone else who has moved into the community should have an opportunity to apply. He recommended a person who already applied can be reinterviewed without going through application process.

Councilmember Higgins expressed she prefers to go with the 6th person and not waste time.

Mayor Pope commented he is leaning toward re-announcing and re-interviewing as things have changed since October when the Planning Commissioners were appointed.

Councilmember Williams mentioned she received tons of public comments that this has taken long time to get off the ground and this delays it further. She expressed if they wait and solicit again, she feels they could be trapped again with delay if another member resigns, for example.

Councilmember Higgins commented she wants the Planning Commission to do things like in neighboring cities. She mentioned when commercial development surrounding Oakley is booming, people looking to build will look to see if Oakley has a Planning Commission and the longer they wait, commercial growth bypasses Oakley.

Councilmember Fuller suggested in this case, they need to allow the public to again come forward; this time the process is not new and it could be as quick as the next meeting.

Mayor Pope mentioned he would advocate to get it up and running, but possibly can be persuaded. He suggested the 6th finalist get a 2-year term and other person with a 2-year term get bumped up.
64 Mr. McMurray commented that as Councilmember Fuller mentioned, the person would be filling a vacancy like on the City Council; the person would fill a term so one person in a 2-year term would get bumped.

Councilmember Higgins commented if they even want that.

City Attorney Derek Cole commented the new person could get the 2-year term or they could do a random draw and present as a follow up Council item on the agenda because it is an appointment after they contact both Planning Commissioners and they can do the random draw during the next meeting.

Mayor Pope inquired about the previous ranking in order and terms. He mentioned they may not need to do the random draw.

Mr. McMurray shared that Diego Verduzco and Edward Cire (resigned) received the highest votes and have 4-year terms. He mentioned Leonard Price has a 2- year term because he had the least amount of votes. He mentioned Oleksii Chuiko and Shannon Shaw received tied votes and their names were drawn from a hat with Oleksii receiving a 4-year term and Shannon receiving a 2-year term.

He mentioned it would be appropriate to appoint Shannon Shaw to a 4-year term since she received more votes than Leonard Price and the new appointee would receive a 2-year term.

Mayor Pope commented that seems reasonable.

It was moved by Councilmember Williams and seconded by Councilmember Higgins to move forward with an application process to appoint a new Planning Commissioner for a 2-year term and to change the term for Shannon Shaw from a 2-year term to a 4-year term, both items to be brought back at the next Council meeting as a formal agenda item. AYES: Higgins, Pope, Williams. NOES: Fuller.

ABSENT: Meadows. (3-1-1)

5.2 American Rescue Plan Act (ARPA) Update (Tim Przybyla, Finance Director) Finance Director Tim Przybyla presented the staff report. He introduced the City’s consultant, Sandra Myer with HDL ECONSolutions.

Ms. Myer presented a PowerPoint including the Department of Treasury Final Rule issued January 6, 2022, an overview of the community survey, a summary of the E-gift card program, and recommended funding allocations.

Councilmember Fuller commented he appreciates the professionalism, effort, survey and presentation. He mentioned e-gift cards are great, but he would like to know how to prevent one person from buying a bunch and hoarding them. 65 Ms. Myer explained they can set up a limit such as one per address or use other abilities to limit fraud.

Councilmember Higgins inquired about small business grants. She asked if they couldn’t start or build due to Covid-19.

Ms. Myer responded she is unfamiliar with that.

Mr. McMurray explained the intent is for existing businesses to look into expanding for tenant improvements or attraction. He indicated $750k is seed money and now it can be used for outdoor dining and facade.

Councilmember Higgins commented she wants to push money out because that’s what it is intended for.

Councilmember Williams commented the guardrails have loosened and inquired if the proposed plan can be changed.

Ms. Myer responded that it is a plan, not an allocation yet, so they can amend it.

Councilmember Williams commented she would like to prioritize infrastructure and economic development. She mentioned start up money would be great and suggested they can bring economic stimulus and reward residents for owning businesses here.

Mr. McMurray commented that for some items, they were planning to spend General Fund money. He mentioned this plan will require future agenda items and there is a lot of work to be done.

Mayor Pope suggested they first spend money on reimbursing COVID costs for employees. He mentioned they must have resiliency to respond to future disasters as public safety is a #1 priority. He mentioned he didn’t see it in here and suggested having citizens trained as 1st responders, possibly giving the CERT program a boost. He mentioned they must also have resiliency with operating during situations like power outages. He shared that they still have traffic signals that don’t have back up power such as Cypress and Main. He mentioned when communication/broadband went down, it knocked down the cell tower so it needs a generator and batteries. He suggested a CERT radio tower with repeaters for emergencies. He expressed he likes the idea of e-gift cards only with strong protections and he feels a pilot program is insufficient; he would like to see a real commitment to the program. He shared he would also like to see essential worker compensation in the form of a bonus or otherwise for Police because they had no choice, they had to respond, and he appreciates them doing so.

Public Comment
66 Randi Adler commented we are not out of this COVID problem. She shared she talked to her Congressman about people sitting at home that couldn’t pay rent or credit cards which lowered their credit ratings. She suggested gift cards may be used to pay some of those credit cards and utilities. She mentioned PG&E is allowing the public to forgive whatever they had from COVID as long as they have paid their bill for a year on time. She indicated she spoke with them today about gas pricing increasing and PG&E’s excuse was because they are having trouble getting ships into ports which she does not believe. She added that Comcast wants people to pay a month in advance for services. She mentioned people are hardly leaving their homes because the pandemic is still going on and people are still getting it, losing their homes, and their credit is ruined. She asked how the City is going to help people get caught up so they have housing and can recover from this. She suggested the Council help the public recover from COVID, not give gift cards to whatever they want to do.

Councilmember Fuller commented this is the initial portion but the Council will have another $ 5.3 mil to prioritize and he thinks this is a great step forward.

Ms. Myer confirmed he is correct; the second half of funding will come in July 2022.

Mayor Pope indicated there is no motion, just direction to provide to staff. He shared they all want to help neighbors and city government must be judicious and equitable. He suggested if they split the funding among all residents, that would mean about $200 to each resident. He mentioned they need to look at how they equitably and fairly distribute funds and look at a city-wide perspective to get the city up and running, create jobs, and get people back on their feet. He mentioned they can make it broader as Councilmember Higgins brought up, but they should be very judicious in the selection process to ensure funding is distributed fairly and legally.

Mr. McMurray responded the Council has provided good direction.

Mayor Pope called for a brief recess at 7:46 p.m.

The Council reconvened at 7:51 p.m.
6) REPORTS

6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray announced Friday Night Bites will return Friday at Civic Center Plaza. He introduced the new Chief of Police, Paul Beard, and the new HR Director, Jeri Tejeda.
67 (b) Hybrid Meeting Discussion
Mr. McMurray reported that 2 Councilmembers asked staff to look into the cost to do a real hybrid meeting. He explained that the City went back to in-person meetings in July 2021 and Oakley is the only city in Contra Costa County doing in-person only meetings with no hybrid option and have done so safely. He mentioned the phone and Zoom call-in options used previously were less than desirable so the Council wanted staff to research and provide options. He mentioned staff is looking for the Council to provide direction.

Recreation Manager/Website Coordinator Lindsey Bruno presented a PowerPoint including options previously used during meetings, cities’ definitions of hybrid meetings, Antioch and Walnut Creek models, challenges of technology available, and equipment, subscription and staff costs for Council and Planning Commission meetings.

Mr. McMurray thanked Ms. Bruno for mentioning the Planning Commission should be the same standard. He mentioned the City is offering participation now in-person; meetings can be watched via livestream or via a recorded version the next day, the public can submit online public comment cards or letters or make phone calls to City Hall, all which are forwarded to the Council. He mentioned to encourage participation will create a shift how to do business. He explained the City has had a hard time to keep staff for this position because it is part-time, usually only Tuesday evenings, and the person must have technology skills to run the meeting. He shared they have gone through 16 people in this position.

Councilmember Williams commented she is in favor of hybrid meetings and she hears valid concerns. She indicated she hates to impose additional pressures on staff, but when they allowed a Zoom dial-in option, there was more participation.

She indicated the world has completely changed and Oakley takes pride in engagement so she wants to communicate with and engage people every way possible. She mentioned Zoom can be recorded and be placed on the City’s website.

Ms. Bruno commented the video can still be placed on the website and possibly still stream. She clarified she is not trying to say they cannot do it, but it takes a lot of education. She hears they want people engaged, but people may be frustrated until they learn the nuances how to participate.

Councilmember Williams commented it is accessible and transparent.

Councilmember Fuller inquired what the reason was for cities using hybrid meetings. He mentioned he thought it was a temporary emergency allowance to ensure orderly process of government.
68 Mr. McMurray responded the health order has changed; there are no longer distancing requirements in the room.

Councilmember Fuller commented he likes what they have gone back to which is an orderly government process. He shared he watches on occasion the Legislature/Assembly and people can write into them, but they don’t have access to speak on the floor. He mentioned he heard different things here such as chaos and anger under then Mayor Higgins and it was not orderly. He mentioned there are people here tonight and if they don’t have access, they can find an alternate way to communicate such as in writing, but he feels they are creating a more chaotic situation with hybrid meetings and it is not best governance; it was intended as an emergency response, not a permanent solution.

Councilmember Higgins inquired if the Mayor could run a Zoom meeting without another staff person.

Mr. McMurray responded that running a Zoom meeting is different when running a Zoom meeting while running a Council meeting. He mentioned meetings should have a professional appearance so he would recommend a staff person handle running the Zoom portion so the Mayor can provide full attention to conducting the meeting.

Mayor Pope commented these are all good points. He mentioned under state law, they are only allowed to run meetings remotely during emergency and they have to pass a resolution to partake in remote meetings. He mentioned theoretically they could do all this work and the state of emergency concludes.

He indicated this could become the new way of life and they might lose the hybrid option. He indicated there is no reason with technology that they shouldn’t have it, but whatever they do has to be reliable and credible; they can’t tell people they can participate if they can’t—in that situation he would rather not have it; they need to make sure it is right. He mentioned if it were a small meeting, the Mayor could run it as host but a meeting like tonight, it is better to have staff trained and be the expert on it.

City attorney Derek Cole commented that the Governor’s current order is in effect through March 31, allowing remote meetings, and the Council has 4 more meetings until the current executive order is suspended.

Public Comments
Liz Elias commented when she was in high school, she read there was school by radio over vast distances of kids in the Australian Outback; if they could do it then successfully, they should be able to do it now with technology. She mentioned Zoom has a free version which limits her to 30 minutes if more than 3 people are on the call, otherwise there is paid service. She inquired if staff’s figures include the paid subscription cost. She mentioned there should not be a need for a 69 second staff person. She suggested a video camera could be hooked up with a feed into the computer and they can run the meeting in Zoom; it would not be a secondary meeting; it can be sandwiched together. She mentioned they might want to look at a change in the law because there will always people who can’t attend in person for reasons other than the pandemic, but who may wish to attend remotely and participate live.

Roger Gonzalez commented he works with California State Universities for hybrid solutions to the classrooms and there are platforms that allow for controlled environments and ques to moderate how people can speak to you. He suggested staff look at the Cal State University system. He mentioned people can attend lectures from anywhere, they can archive lectures and these accredited platforms provide a controlled environment; it is not chaos and it can be shut down to allow the meeting to move forward. He mentioned he could see the Governor buying into this if they lead with this type of technology and they would have a much smoother road.

Randi Adler suggested Ms. Bruno would be good person to run Zoom; it can also be set up where each Councilmember can see comments from each person sending an email in, that way can be answered appropriately and that is how Zoom works. She mentioned they can email one another, and comments can be done that way too which she suggested could be read by a staff member to get on record.

Mayor Pope commented she would be fantastic but is already tasked.

Marilyn Tiernan commented her husband is not here because he doesn’t feel safe coming here. She mentioned she hasn’t been able to get the meetings streamed. She shared her business are local and international; everyday she is in Zoom calls, Google Teams, with large groups of people and it is possible and simple. She mentioned a board she sits on does everything through Teams and it has increased participation and people understand what they are doing. She mentioned she doesn’t see the world changing dramatically in the future and she wishes they could see them and participate from home especially if they have worked a long day.

Mayor Pope inquired if that is good direction to move forward.

Mr. McMurray shared that they have looked at the data when they have held more of the hybrid form of meeting and they can go through that if the Council wants, but to clarify, they are looking at the need for direction because they are talking about a shift in how they do things. He shared they use Zoom and Teams for meetings daily, but it is a little different for truly hybrid meetings and most jurisdictions not doing true hybrid meetings; they do virtual meetings with a hybrid option. He mentioned staff can move forward, but he wants clear direction so they spend resources wisely.
70 Councilmember Fuller expressed he likes the situation now. He suggested Vice Mayor Meadows have an opportunity to comment as what is decided may go on for years.

Mr. McMurray mentioned staff can bring it back at the next meeting for a brief recap and receive input from all five Councilmembers.

Councilmember Higgins commented some sort of Zoom, classroom or Microsoft Teams may work and they can keep researching what others are doing or what schools are doing, but they need to move forward.

Councilmember Williams suggested they bring it back to the next meeting to explore other options. She mentioned she thought Clayton was also doing hybrid but she is hearing no. She mentioned she doesn’t see it ever changing; she sees the Governor continuing to extend the order and it will become the new way of doing things. She guaranteed there would be double participants if it were not at the time it is right now, but if they could do it by phone they would be here; people don’t feel as engaged with online comments.

Mayor Pope commented there is no replacement for face-to-face, in-person comments; the Council reads all comments, but it is not the same impact. He mentioned written comments have to be in by 5 p.m. He mentioned they could explore technology where people could submit comment during a session and timely, not after an item. He shared he is interested what schools are doing; lectures or webinars are one-way; they would need two-way for civic participation. He asked Mr. Gonzalez to connect with Mr. McMurray. He mentioned he also would like to hear what Vice Mayor Meadows says.

Mayor Pope suggested item 7.1 be heard prior to reports. He received no objections from the Council and therefore moved to item 7.1 (infra).

6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE

SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY
(a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency
Councilmember Fuller reported the Delta Trail is being completed to connect 5 counties and will have walking trails, camping grounds, and it will connect with the San Francisco Bay Trail. He mentioned $12 million in grants funds will be used to clean up commercial and residential ships including abandoned ships, including one that sunk and released 2,500 gallons of fuel that was cleaned up and pulled out. He mentioned $1billion for access to the Delta. He encouraged the City to look at the tunnel project that will pump water from the Sacramento Delta to send south. He mentioned it is already transported over ground which 71 supports the water’s normal flow, but tunnel pumping out disturbs the ecosystem and Oakley will be impacted. He mentioned DWD is talking about a bond and looking at investment, water is extremely hard and the drought has caused harder water which they are trying to reduce without increasing fees. He mentioned they have a land aquifer program where they can put solar. He reported the ECCFPD consolidation is having union issues with its administrative staff; they are not sure if they will have a job or benefits, but it won’t hang up consolidation.
(b) Requests for Future Agendas
None.
7) WORK SESSION

7.1 Laurel Plaza Supplemental Traffic Operations Analysis Assessment Work Session – As Related to Quick Quack Car Wash at Laurel Plaza (CUP 02-20, DR 08-20) and McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza (CUP 03-20, DR 09-20) Applications (Ken Strelo, Planning Manager)
Mayor Pope inquired if this item is just on the traffic analysis.

Planning Manager Ken Strelo indicated that is correct and he presented the staff report.

City Attorney Derek Cole provided a reminder that this workshop is only about the traffic piece; there will be other comments and the Council can hear those, but when it comes back to Council for the CUP hearing about the drive-through, the restaurant at this site has already been permitted and the property has entitlements. He mentioned the only piece that gives the Council discretion for review is the drive-through and the analysis and impacts have to relate to that piece.

Mr. Strelo continued with his presentation.

Bill Burton, Senior Associate with Fehr & Peers mentioned with their counts and observations, the Laurel Elementary drop off/pick-up area is insufficient; there is not enough infrastructure to serve their student population/demand and consequences of that are delayed cars on Laurel. He mentioned activity where congestion happens, parents are parking on Laurel Plaza which generates approximately 100 pedestrians during the morning and afternoon. He indicated their inspection estimates that traffic for the whole site generates 200-300 peak hour trips and they look at adjacent intersections to see how the project will impact intersections; this project will have very little impact; it will have 1-3 seconds of delay per vehicle. He shared they looked at collisions at the segment of road from Laurel to O’Hara and the intersection at Laurel and Mercedes. He 72 mentioned they looked at historic accident trends and a typical intersection expected is experiencing less accidents. He recommended they improve intersections with leading intervals, no right turns, and discourage student pickups/drop offs in Laurel Plaza, eliminate parking spaces for McDonald’s, shift the crosswalk further down with a raised crossing, provide a barrier, align the drive isle from the car wash to the McDonald’s. he mentioned VMTs are used and there are no new impacts over and above past traffic studies they have seen.

Mr. Strelo request the conditional use permit and design review be heard together as they relate somewhat to each other because the drive-through could function for the CUP, it could impact the site design. He recommended they come back in one package.

Online Written Comments
Mayor Pope commented the Council received online written comments and reviewed them. Comments were submitted by Diane Merritt, Shai Jensen, Rachel Doughty with Greenfire Law, PC, Shelly Fitzgerald, Rebecca Mears, Jeff Palmquist, Superintendent of Oakley Union Elementary School District, Roberto Estrada, Andrea Wacker, Kathleen Estrada, and Eve Dooms. The comments were made part of the meeting record.

Public Comment Cards
Diane Merritt commented her neighbors in Woodglen Estates are in closest proximity to the project and must have the most critical input of anyone. She shared they want Oakley to prosper and be successful, but inquired why it has to be at their expense. She requested the Council not grant permission for the drive-throughs. She shared they enjoy smelling clean air free of food grease and establishments and people they bring will be loud and noisy for neighbors. She indicated they will be abused by their lack of consideration for their peace. She mentioned they don’t want to move because the City won’t listen and they voted for Councilmembers. She shared information regarding noise and litter at the 7- Eleven. She urged the Council to say no to these two establishments.

Shelly Fitzgerald commented she is also a Woodglen neighbor. She mentioned the supplemental traffic study indicated there is an inadequate pick-up and drop off area at the school which is true. She mentioned Laurel Elementary is in an unfortunate location on a busy roadway and has been there since 1992. She mentioned they can say that Laurel Elementary has to tolerate what comes their way or they can plan the environment around Laurel Elementary. She indicated the study’s scope is unclear and inadequate; it doesn’t consider O’Hara or Freedom High School both which have hundreds of students who travel north or south of the plaza to get to and from school and it doesn’t address inadequate parking at the plaza. In relation to the Quick Quack car wash, she referenced Figure 9.1 in the Noise Element of the City’s General Plan and mentioned it speaks to new business proposals to be located adjacent to residential and 73 businesses that emit decibals greater than 70 should not be considered when being placed next to residentials and greater than 75 is clearly unacceptable; this car wash is over 90 so she is uncertain why it is being considered.

Mayor Pope inquired if Jeff Palmquist, Superintendent, is present and would like to speak. He mentioned he submitted written comments. Hearing no response, he moved on to the next speaker.

Roberto Estrada commented that the traffic study found inadequate space for parking and drop off/pick up will be highly dangerous when the Council approves a drive-through across from that school. He mentioned solutions of a high visibility, limit line 8 feet from the drive-through may not work. He mentioned the ; speed increased on Laurel and people drive faster than the speed limit and this will make it much worse, people run red lights and it is dangerous for kids crossing. He mentioned another walkway won’t discourage kids from running to get across to school; the safest way is no drive-through. He suggested small businesses, no large drive-throughs or car wash. He suggested the city can be developers and make it happen with ARPA funding.

Kathleen Estrada commented that she is a Woodglen resident and with the traffic study she doesn’t think the scope is adequate because it doesn’t take into consideration the Laurel and O’Hara intersection which has many accidents to date and are not included in the study. She mentioned the close entrance to Laurel and O’Hara from McDonald’s is an accident waiting to happen. She commented that the traffic to McDonald’s will impact traffic to all 3 schools. She explained the community not trying to block the process or progress; they want a restaurant and progression, but they want it safely. She mentioned there is impact to neighbors, schools and kids in that intersection and the Laurel and O’Hara intersection is going to be bigger problem. She requested the Council consider the public and intersection.

Donna Chaddock commented during a work session there was no timer and the community listened to the Council’s vision, but this should be a time when the public is heard. She inquired if they are really limited to only 3 minutes, but the Council is not timed. She addressed Mr. Cole’s comments that public comments should only be related to traffic studies, but she has more to say that doesn’t have anything to do with the traffic study. She mentioned she emailed everyone on the Council but received only one response. She commented she heard Mr.

McMurray say the City doesn’t have small business grants. She inquired if the City gives small business grants. She expressed she doesn’t want to see a McDonald’s or any other fast-food establishment in the plaza and if there were more small business grants, Fehr & Peers would not be coming in from Missouri to find businesses there when they do not want them there. She mentioned they want small businesses, café’s and quaint businesses.

Marilyn Tiernan commented that she sees accidents on O’Hara and Laurel almost daily and there have been at least 5 accidents where children have been 74 killed in the City due to traffic accidents. She expressed she cannot bear to have another child killed when it can be avoided. She mentioned a drive-through has no business in that plaza with 4 schools located within 1 mile of it and lots of kids walking that street.

Virgil Chaddock comment he is going to meeting to see what is going on. He shared he hears drag racing and sideshows, he counted 100 liquor bottles in the plaza parking lot today, empty boxes from stolen items, 10 McDonald’s bags, and lots of weeds, concrete and junk that is ugly. He inquired why it is not being kept clean. He shared he is seeing needles and probably professional businesses and they don’t need kids walking through that environment. He mentioned the traffic is bad. He suggested a vision of smaller units/businesses. He indicated he doesn’t believe companies will make it any cleaner. He shared he works for Safeway in Concord and they have limitations on delivery hours and there are apartments suing their store which is something to think about.

Jaime Spohn shared she is a Woodglen resident, an original owner. She mentioned the traffic study and many children ride their bikes to that school and others. She mentioned she reviewed the original conception of the plaza and inquired why a modification was given to allow 7-Eleven to be vastly different from when the community and Council were working together and why the City continues to compound the issue of traffic with the drive-through, 7-Eleven and carwash. She expressed she is against approval of the drive-through and these businesses in the plaza. She suggested the developer look toward HWY 4 for the betterment of the community, residents, and children. She commented that she read the vision statement for Oakley and shared that she walks and hears the train whistle and coyotes, but fears will now she may hear, “May I take your order please?” She expressed she hopes the City will give residents a neighborhood community plaza.

Julie Polowski commented she is not a resident of Woodglen, but off of Rose.

She expressed she wouldn’t recommend a drive-through based on In and Out traffic that has been rerouted; drive-through traffic has increased with COVID.

She inquired if the traffic study was conducted when the high school was also in session and if it is too late since they already have the permit. She mentioned the historic trail and bike way and suggested they offer bike rentals to ride the historic trail. She suggested ARPA could be used for small business and she is looking for job if the City needs part-time help. She thanked the Council for the work they are doing to hear the public’s thoughts and opinions.

Roger Gonzalez inquired why the traffic analysis was done during the pandemic since it is not a true representation of the traffic going through. He suggested it be done over several years. He also inquired why the study was conducted in August when Laurel Elementary is on a track system. He suggested they look at each diff track for pick-up and drop off. He also suggested they do a video study so everyone can see the impact. He shared he will walk his son to school to be 75 safe and mentioned there are no accommodations for Grub Hub or Door Dash at the McDonald’s. He mentioned post pandemic they repopulate which is not in the traffic data. He inquired where studies and emissions data is as he wants to see the exhaust impact. He mentioned 30 Nissan Sentras do not equal 30 Ford F150s; the data needs to be more representative for a true analysis. He inquired if the traffic signal is backed up with power. He mentioned the data collection for page 11 is irrelevant because they are in a pandemic.

Mary Rooney commented she dittos what everyone said about the traffic study, plaza, etc.

Tasha Grey commented data can be manipulation in any number of ways to serve the narrative of the author and the traffic analysis convinces the reader that with minor recommendations, a fast-food near an elementary school and sharing a cross walk are safe proposals but that is not the case. She mentioned level of service and safety are not the same things; there is an inherent danger in relation to pedestrians in residential and school zones. She mentioned signage inside the plaza indicating no parking is unreal; there will be more pedestrian traffic if they have to park further. In relation to a high-visibility crosswalk, she shared that the crossing guard submitted opposition to it and concerns regarding safety, as well as the former and current Superintendent regarding safety; moving a crosswalk a few feet will not eliminate this danger, nor will it change opposition from school staff regarding safety concerns. She mentioned the school zone on Laurel Road is only 2/10 mile so this drive-through is the most inappropriate location.

Liz Elias emphasized some points in the letter from GreenFire Law, reading off many. She indicated the McDonald’s and Quick Quack are not small businesses, there may be shorter traffic trips but more trips does not reduce traffic. She mentioned when she moved to Oakley, Laurel Road was a small roadway and what is proposed is non-sensical. She commented the added pollution for idling is inconsistent with the General Plan. She asked the Council to take the letter to heart.

Alicia Torres commented on the negative impact on the schools for pedestrians, parking, and drop off/pick up. She mentioned people are going to be hostile, there will be tempers and frustration; people won’t follow rules and she feels for children who have no choice but to walk. She mentioned it is a huge risk that she hopes the Council considers.

Shalimar Belscher commented that many people have worked during the pandemic and they are all going through this together and she appreciates the comments earlier about it. She mentioned Oakley is a great city to build a family which is what brought her here and as she has been watching Laurel Plaza she has been excited to see what it is going to turn into. She shared she envisioned a Willy’s bagel or Starbucks, not necessarily a car wash although she loves car washes and supports those in the city. She shared the same sentiments about the traffic assessment during Covid; it is not a realistic view when people are at 76 home with their children and the City needs a true traffic study. She mentioned parents share similar views and want their kids to get to school safely. She shared she doesn’t like driving on Laurel because when school is in session, people drive the wrong way and don’t follow traffic rules. She mentioned she sees trash left in her neighborhood and wants it to stay clean. She expressed she is not a fan of McDonald’s in the plaza.

Randi Adler commented she ran for office twice and she became a motivational speaker 10 years ago. She commented that people who are frustrated have a bigger voice than they think they do- a class action lawsuit against the City and developers. She mentioned if Vice Mayor Meadows was here tonight, he likes gas stations, so he would approve the car wash. She commented she is happy to start a class action lawsuit and because she is multi-millionaire, she can do that.

Matt Beinke submitted a comment card and represents the property owner. He was available for questions.

Mayor Pope called a brief recess at 9:31 p.m.

The City Council reconvened at 9:37 p.m.

Councilmember Williams commented the traffic study found inadequacies at Laurel and she got hit at Laurel the other day. She inquired who enforces signage, what happens to cars when there is nowhere to park and does that circulation get taken into account with the study. She mentioned she watched the study and it took place during full class capacity when class was in session.

Mr. Burton responded that signage will be difficult to enforce; people will probably continue to do it so they will still see some level with that activity, but some people obey signs.

Councilmember Williams commented they will now go into the circulation of traffic though.

Mr. Burton confirmed that is correct.

Councilmember Williams inquired if safety enhancements will be at the applicant’s cost.

Mr. McMurray confirmed that is correct.

Councilmember Higgins inquired where the school district is in helping parents to have more parking. She commented the Superintendent submitted a letter that said school sites have adequate facilities to the support school, but the traffic study shows inadequacies. She suggested the school district could approach the landowner of the vacant land across from the school.
77 Mr. McMurray responded he does not think that has taken place, but is the school district’s responsibility to cure that deficiency.

Councilmember Higgins offered to help accommodate a meeting with the school district. She mentioned the City has no control over the McDonald’s going in; they already have it; it is just a drive-through and traffic they are addressing. She mentioned with the decibels, the Quick Quack turned the car wash around for to hit traffic not homeowners but the car wash is loud. She mentioned the unhoused may be living in the parking lot and businesses will help with that when developed. She indicated litter exists and they have worked with the developer to keep frontage mowed, but now the back half has deteriorated. She expressed that the City is not putting the McDonald’s there; the property owner is already entitled to have it there; the City is just looking at the drive-through.

Councilmember Fuller commented that the City couldn’t enforce parking regulations on private property even if it wanted to because it is private property at the plaza. He commented he agrees it is untenable at Laurel and Mercedes; they don’t have enforcement; signs are nice but unenforceable. He mentioned he can’t go any further with it; they are marginalizing kids for profit. He mentioned they are saying there are kids there and it is dangerous, but they need profit and someone else 10 years ago said they can do it. He added even with all sorts of mitigation, it doesn’t change the fact that they marginalize kids. He expressed opposition to the CUP. He commented that changes have taken place in that area which is a major thoroughfare and they keep adding more traffic, but he appreciates efforts that it is going down. He expressed he appreciates all that he has done and the report.

Mayor Pope commented he wants to address issues raised in relation to the traffic survey. He mentioned the traffic survey recommends no right turn on red when no children present but it doesn’t conclude a direction; it should be in all 4 directions.

Mr. Burton responded it is when coming out of Laurel Plaza and turning right.

Mayor Pope indicated he wants to see all 4 covered for pedestrian safety.

Mr. Burton mentioned one has a crosswalk.

Mayor Pope indicated even so, traffic is still turning into the crossing. He agreed with timing to give pedestrians a lead for pedestrians occupy crosswalk before vehicles. He mentioned the school parking lot was conceptualized in the 1990s when there was no pick-up and drop off lane; the one now is inadequate as it backs up onto Laurel and blocks bike lanes which creates more problems. He mentioned he wants the City to do whatever it can to get OUESD to help remedy that.

Mr. Burton commented about their limited size.
78 Mayor Pope indicated the school is next to district headquarters; they can move the district office more parking. He expressed he wants the City to be a cooperative partner.

Mr. Burton suggested staggering school start and stop times may help.

Councilmember Williams commented that is horrible for parents with children in different grades.

Mayor Pope commented he has responded to complaints at schools in his job and parents are not setting good examples so he is not sure what to do, but driving the wrong way down the street means they are unprepared to prevent collision. He agreed with having a high-visibility crosswalk and to move the sight line. He expressed that he wishes the crosswalk doesn’t have to go across the drive-through.

Mr. McMurray commented it is not a code requirement; it is an ADA and the requirement is to provide the closest possible path. He mentioned this was also in the original plans for the grocery store and Rite Aid and is in the Building Code.

Mayor pope commented he would like to see them mitigate the risk and push it further out and raid it with lighting and signage, along with a small wall separating the drive-through from the sidewalk area.

Mr. Strelo commented that the site plan is not part of this project application, but it is sketched and shared, and the wall is not in this set of plans in submission or on the website.

Mayor Pope suggested a wall or fence.

Mr. Strelo suggested the short wall.

Mayor Pope commented if it could be any other barrier preventing pedestrian access.

Mr. Strelo mentioned shrubbery and a wall with a metal railing should help prevent access.

Mayor Pope expressed he wants a wall or fence or railing to physically prevent people from cutting through as a deterrent. He suggested they move parking spots for the drive-through cue and take one step further; if it backs up, cars will que up and block the access road and onto Laurel so he wants to see the que go through to the east so it is within the boundaries within the McDonald's boundary and not onto the street. He also mentioned when vehicles turn, they need to stay 79 in the confines of the property, not on traffic lanes. He expressed he is disappointed the intersection of laurel and O’Hara was not included.

Mr. Burton commented they didn’t look at it for accident rates.

Mr. Strelo indicated it was part of the original study and this this study focused on pedestrians.

Mayor Pope commented that during the pandemic with school in session is why the study was conducted supplemental; the speeding in school zones is not related to this other than speeding in front of the project. He shared the City does not have unlimited budget but police motorcycle units can assist with traffic watch and there can be traffic calming measures. In relation to sound, he inquired if you can see over the wall to the properties and mentioned he was told residents wanted a shorter wall because of the sun. She suggested a living wall that is taller and to have the noise-speaker for the drive-through pointed away from the houses.

Mr. Strelo responded that the speaker orientation will be facing to the north and McDonald’s has variable decibel and microphones to control noise so the project speaker can regulate it not to exceed over ambient noise; this was proposed with the original project.

Mayor Pope commented there is Council vision versus reality and a property owner can facilitate free use of the property within the law. He mentioned there I a time limit for public speaking; the law allows the City to set a limit so everyone has opportunity to speak. He mentioned there is an existing 7-Eleven litter prevention plan and code requirements to help prevent trash and efforts can be stepped up to hold the property owner accountable and to set the tone and expectations. He mentioned hours of operation and delivery are not part of this but impacts circulation because trucks must park somewhere and should be incorporated into the study. He mentioned it does not encourage a pedestrianfriendly environment. He mentioned all schools were in session when the study was conducted.

Councilmember Williams commented that the start times at the school are the same, but end times are different.

Mayor pope inquired if the plan accommodates DoorDash and Uber.

Mr. Burton confirmed it does.

Mayor pope inquired if there are dedicated parking spots.

The applicant indicated there are dedicated parking spots, 4 spots in front of the building east.
80 Mr. Gonzalez who provided public comment earlier shouted out that he wants to see the numbers.

Mr. Burton responded they can break it out.

Mayor pope commented that CA regulates emissions and the City is prevented by state law from regulating this. He recalled hearing from the crossing guard, principal and superintendent. He mentioned this is private property, but there is a provision for Police to enforce if the property owner requests it. He explained they can’t just say they don’t like it and don’t want it working since they are under some constraints.

Mr. Strelo inquired if whether the Council agrees with the recommendations or wishes to add recommendations. He mentioned these are not mitigation measures, but to enhance the site and compatibility with adjacent uses.

Mayor Pope commented he is thinking what conditions to condition it with.

Councilmember Fuller commented there are a lot of issues and he stated his; it is time to stop.

Ms. Fitzgerald who provided public comment earlier inquired why they can’t go back to the drawing table like they did in 2008.

Mayor Pope commented the can speak with the developer, but they have struggled to find businesses.

Mr. Cole commented that the application is pending; the City has to move forward and staff needs direction. He mentioned the public can speak with the developer and can make requests, but the applicant is in control of their application; they have a right to get a decision and they are reaching that point.

Councilmember Fuller commented they have reached that point he believes with traffic and so he is opposed to the CUP and doesn’t see any mitigation.

Councilmember Higgins commented she accepts the recommendations along with Mayor Pope’s comments and extends the invitation to the school district to meet.

Councilmember Williams commented she is not sure if mitigation will help for these issues. She mentioned she was hit in the pick-up line and she can’t turn out of Brown Road. She commented she understands it is the school’s responsibility; she got some updated information and is disappointed they are not here, but she didn’t see any mitigation, but they can’t just say it is a school problem. She agreed with a condition and if they have to adopt something she will have more to say about sound.
81 Mr. Strelo commented that the goal of the traffic study is what the project generates on existing; it was never a goal to solve these issues or have McDonald’s and the car wash to solve school traffic issues; this item is being addressed for the purpose of parking in Laurel Plaza; kids are walking from Laurel Plaza and this is not an attempt to have mitigation for that.

Mr. Cole added that the City can’t put the onus on the developer to solve a public problem; there are limits on it. He commented it is unfortunate but it is a school district problem. He mentioned the property has longstanding development approved for 15 years and if they put a Chipotle or Peet’s at the site, the City has no discretion and there may be the same problems. He mentioned traffic engineers found no difference between a drive-through and walk up. He added just because a problem has been created at a public property, it doesn’t mean they can hold up a developer’s project because of that.

Councilmember Williams inquired if the drive-through portion doesn’t get approved, parking is still limited. She suggested a Peet’s or Starbucks would generate heavy traffic like McDonald’s traffic because more people are in the same area at the same time.

Mr. Cole indicated that the traffic study found there was not a huge, material difference between what drive-through and stand-alone traffic would generate.

He mentioned he is not a decision maker; it is a problem if they are expecting parking spots in that area to be used for school parking; the City as a public agency cannot expect private parking spots be used for public purpose; it is not appropriate and these issues can’t be held against the private property owner because of conditions across the street.

Mayor Pope agreed but mentioned he does not want to add to it. He mentioned a drive-through has to add more customers, otherwise they wouldn’t build it; it multiplies the number of customers which causes a significant impact. He mentioned 3 Councilmembers raised issues and asked for additional conditions specific to traffic flow, pedestrian safety and signalization, so he supports those.

Councilmember Fuller clarified two Councilmembers and the Mayor.

Mayor Pope announced they will go back to Council reports (supra). 82 8) ADJOURN
There being no further business, the meeting was adjourned at 10:35 p.m.

Respectively Submitted,
Libby Vreonis
City Clerk
83 MINUTES OF THE

REGULAR JOINT MEETING OF THE OAKLEY CITY COUNCIL/OAKLEY CITY

COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY

REDEVELOPMENT AGENCY/ OAKLEY PUBLIC FINANCING AUTHORITY HELD
FEBRUARY 8, 2022

1.OPENING MATTERS

1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
Mayor Randy Pope called the meeting to order at 6:31 p.m. in the Oakley City Council Chamber located at 3231 Main Street, Oakley, California. Vice Mayor Aaron Meadows and Councilmembers Anissa Williams, George Fuller and Sue Higgins were also present.

1.2 Pledge of Allegiance to the Flag
Mayor Pope led the Pledge of Allegiance to the Flag.

2.PUBLIC COMMENTS
Online Public Comments
Sean Ireland commented that Cypress Road was closed again January 30, 2022, due to an accident which has become a regular occurrence for residents of Oakley and Bethel Island. Further comments included safety improvements will take time and the City must start planning now, a two-lane, undivided road is insufficient for the amount of traffic in the corridor, and the frequency and severity of accidents has shown this time and time again.

Patsy Gottbehuet commented they have lived in the Summer Lake subdivision since 2015 and it is a great family community, but there have been numerous times they have been trapped in their subdivision with the only access out being levy roads which were not made for the volume of vehicles. She explained there have been too many traffic accidents that have shut down roads and they have driven out of their subdivision with fire on both sides of the road. She indicated the Council needs to be out there next time to be part of it and something needs to be done.

Sarah Vanni and Jason Vanni commented they are homeowners in Summer Lake and are disappointed the City is allowing more homes to be built without a safe alternative to get in and out of the community. While they acknowledged they knew the one way in, one way out was a problem, they indicated they felt the City was 84 taking care of it. They indicated they were told when they bought their home almost 10 years ago, they would have an elementary school, fire house, and road that came off of Bethel Island Road; they have the school and fire house, but no road. They expressed concern for safety of residents and children attending the elementary school in the event of emergency. They expressed they have seen too many times the road is inadequate for the number of homes in the area and more and more frequently they are trapped for hours waiting for a safe way out. They urged the City to build the road already planned.

Sylvia Gonzalez commented she lives in Summer Lake and one way in, one way out of the community is unacceptable. She mentioned there were two accidents last week where no one from her subdivision could enter or exit and they have been evacuated three times in two years due to fires where again, they could not get in or out. She mentioned if it had not been for a private property owner allowing access over her property, they could not escape the danger zone. She pleaded for the City to fix this problem and build another exit or overpass so they have a way out.

Jennifer Furer commented she has lived in Summer Lake since 2014 and loves it, but between vehicle accidents and fires she has felt stranded without an alternate route out that doesn’t involve driving through someone’s private property or down a scary levee “road”. She mentioned she cannot believe with almost 500 students at the elementary school that this is still a discussion. She indicated they all deserve better.

Public Comment Cards
Sharon Kuykendall provided photos of the last accident to the Council which were made part of the meeting record. She commented that she has lived in Summer Lake for 13 years and has attending meetings held with Fire and Police regarding the issue with ingress and egress to the community. She mentioned something needs to be done, the community does not feel like the issue is being addressed, and when Cypress Road is closed, residents and 600 kids at the elementary school cannot get out. She mentioned in the extra time it would take for emergency response to reach them, they may be gone. She indicated she has spoken with people she knows from Fire and Police and the situation scares them. She urged the Council to remedy the situation.

Mayor Pope indicated he has many speaker cards on the same topic. He asked City Manager Joshua McMurray to be prepared at the end of public comments to summarize the steps the City has already taken and next steps to be taken.

Beverly Ng commented she has lived on Sandmound Blvd. since 1976 when they had a fire station on the island and volunteer firefighters. She explained they were promised a road when development began and now it is even more important as they have commuters, speeders, accidents, and the elementary school. She mentioned it is unfair to expect people to use the levee roads as they are too old and dangerous; they cannot accommodate an RV, trailer or school bus. She also mentioned that Police is not controlling traffic efficiently; there is only one lane and people get angry. She suggested a two-lane road like Sellers could be easily built 85 and they need safe access. She mentioned it is not fair to the private property owner to have potential liability of vehicles on her property to get out during an emergency.

She requested something be done soon.

Connie Skoog commented she has lived 11 years on Sandmound Blvd. and spent one hour on Dutch Slough trying to get through. She mentioned the City indicates it is transparent and development information is available on its website; however, she could not find any information on what is planned for commercial development on Cypress Road. She also mentioned Oakley has the slowest response time for fire and emergencies, yet the City brings more and more people into the area because it needs tax funding for it. She commented that a person having a heart attack in that area is not going to say that someday taxes will pay for emergency services. She expressed it is up to the City to take care of its people and she doesn’t see it happening.

Mary Ann Aldon commented she experienced the October 2019 Summer Lake fire, panicking, wanting to get out, with her young child, and it was horrible. She shared that she started attending the meetings with Fire and Police where they discussed a plan and she understands that 2020 was a giveaway year, but now it has been 3 years and nothing has happened. She explained she worked for a municipality and knows the city should listen to its residents. She mentioned they faced a similar issue again on January 30. She mentioned she has the same fear as her neighbors; they fear what will happen to them in another fire situation.

Virgil Chaddock commented he has lived in Oakley since 1990, originally on Sandmound, and the road is bad with vehicles constantly speeding and weaving around other cars. He shared people called him during the fire as they were watching it on the news and telling him people could not get out. He expressed concern that the City is not taking the issue seriously enough as it is allowing the building of 5,000 new homes to increase the problem. He mentioned he already sees tempers and violence increasing. He also mentioned roads take a lot of work and suggested the City consider 4 lanes rather than 2.

Alfred Zaragoza commented he is a lifelong resident and a year ago when the fire occurred, he had no way to get to his family in the area. He suggested the City let services catch up before building more homes. He mentioned they can forget about emergency responders; everyone is on their own.

Councilmember Fuller asked if someone in the back of the room has a comment card on this item.

The person responded it is for another item on the agenda.

Mayor Pope asked Mr. McMurray if he could provide an update.

Mr. McMurray shared that the City takes this issue very seriously, it is a main priority, and an issue discussed daily. He explained it is not as simple as the City building a bridge or a road as there are many parties involved, there is land owned by private developers and private property owners, and land that falls outside the City limit. He 86 shared the City is working with the developers toward a solution. He indicated an agreement which will guarantee access to Holland Tract has been approved by the Reclamation District and he is awaiting signatures. He explained this agreement will memorialize responsibilities. He also shared the City is developing procedures what to do during an emergency as many agencies are involved in response, i.e., the City, County, Sheriff’s Office, Fire District and Reclamation District. He mentioned a workshop on this topic was held in October 2021, where he shared that this is an issue the City inherited from the County. He explained the County approved the homes in Summer Lake without a secondary exit. He shared that the City has not issued a permit east of Jersey Island Road since 2019 which was approved to finish the homes in Summer Lake.

Questions arose from the audience.

Mayor Pope commented that the audience may stay and have more dialogue during a break or after the meeting, but the meeting format is not conducive to calling out questions and having back and forth discussion. He requested staff place an emergency plan that is easily searchable on the City’s website so residents know what to do.

Sharon Kuykendall inquired if the City can also include its progress steps on its website.

Mayor Pope commented that similar to the Planning projects it had a few months ago, there is a plan on E. Cypress which can be accessed through the Planning tab on the City’s website or past meeting minutes can be reviewed which are also available on the City’s website. He mentioned the issue of speeding may need to be addressed with additional dedicated traffic enforcement officers which they can look at during budget time. He explained that the City does not have water or fire services; these services are provided by separate agencies with boards elected by voters. He further explained that when a project comes to the City, the applicant must go to the service provider to confirm there are adequate services for the project. He suggested staff provide a business card and to respond to anyone with additional questions.

3.CONSENT CALENDAR

3.1 Approve Minutes from the Special Oakley City Council Meeting held January 25, 2022 (Libby Vreonis, City Clerk)

3.2 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)

3.3 City of Oakley Quarterly Investment Report (2nd Quarter FY 2021/22) (Tim Przybyla, Finance Director)
87 3.4 City of Oakley as Successor Agency to the Oakley Redevelopment Agency – Quarterly Investment Report (2nd Quarter FY 2021/22) (Tim Przybyla, Finance Director)
Mayor Pope mentioned Item 3.3 will be pulled.

It was moved by Councilmember Meadows and seconded by Councilmember Higgins to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0)
Item 3.3
Mr. McMurray mentioned there is a correction to the rate under type 3; it is 0.230%, not 23.0%.

It was moved by Vice Mayor Meadows and seconded by Councilmember Fuller to approve item 3.3 as corrected. Motion was unanimous and so ordered. (5-0)

4.PUBLIC HEARINGS

4.1 Wendy's Drive-Through Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21) (Ariana Ruiz, Planning Technician)
Planning Manager Ken Strelo presented the staff report on behalf of Ms. Ruiz.

Mayor Pope requested to have cross traffic and the drive-through addressed.

Bill Burton, Senior Associate with Fehr & Peers, explained with the traffic analysis, it was found that the queuing for the drive-through at Dutch Bros. extended to the east access point only for 5-10 minutes on one weekend, but would still allow vehicles to access the proposed Wendy’s drive-through on the west side. He mentioned there are 4 ways in and out of the Wendy’s site and 2 of them will be pretty clear most times of the day.

Councilmember Fuller inquired how the drive-through will be monitored for orderly transition from two lanes into one. He also inquired about the exit strategy when leaving the drive-through and heading across the Dutch Bros. queuing line.

Mr. Burton shared that the drive-through design is modern with two lanes merging into one lane and vehicles will figure it out. He explained that it is a low-speed, orderly maneuver which presents a low hazard. He also explained that upon exit from the drive-through, vehicles heading toward the Dutch Bros. queuing line will come to a “T” section where they can go left or right and signage will be placed directing vehicles to turn left to go to Bridgehead Road and the highway.

Councilmember Fuller inquired if vehicles turn left, if they will be crossing the Dutch Bros. queuing line.
88 Mr. Burton responded that there can be 15 cars in the queuing line at the Wendy’s drive-through before getting into the median roadway, with a maximum 24-car capacity for the drive-through. He mentioned if there is an issue, striping can be placed indicating not to block the roadway.

Councilmember Williams commented she has seen fist fights at the Wendy’s location in Brentwood. She mentioned Dutch Bros. has lots of traffic at times and she would like to get ahead of any potential problems. She expressed concern regarding the drive-through line and how it may compare to the Brentwood location.

Mr. Burton mentioned he won’t comment about Brentwood as he is not familiar with that site, but the maximum que is 20 cars at Dutch Bros. and the proposed Wendy’s can have 24 cars in the que. He added he has not seen that many cars at one site.

Councilmember Williams commented it only accommodates 15 cars before cars issue in and out.

Mr. Burton explained there is an excess que on the north side.

The applicant commented that the Brentwood Wendy’s drive-through stack line is 8- 10 cars and it is a high volume location which is a problem. He shared he is a handson owner with 30 years in this community and he will direct traffic if need be.

Mayor Pope referred to Chick-fil-A and inquired if the applicant would direct traffic like that.

The applicant responded he would if it is needed and now tablets are available for order taking.

Mayor Pope opened the public hearing and called for public comments.

Conan Moats commented he does not see an issue with this, but by granting this Conditional Use Permit (CUP), he would like to know if it will set precedent for other CUP’s for drive-throughs.

There being no further public comments, Mayor Pope closed the public hearing.

Assistant City Attorney Elizabeth Fratarcangeli commented that she does not see an immediate issue of granting the CUP as it does not create a blanket rule; CUP’s are evaluated on a case-by-case basis.

Councilmember Fuller suggested a condition of approval be included to address the drive-through line during busiest hours; an employee must be designated as an order taker to avoid back up in the que.
89 Mr. Strelo responded that if the application is approved and it is the wish of the Council, staff can include a condition of approval in the final resolution as it sounds like the owner is willing to do it.

Councilmember Fuller reiterated it would be only during busiest hours.

Vice Mayor Meadows asked Mr. Burton if under table 3 of the traffic analysis where it indicates Wendy’s peak average que is 4.1 vehicles and 95% is 8.2, the most they are probably going to see, if all of these will fit in the 2 lanes before the driveway.

Mr. Burton confirmed they will.

Mayor Pope suggested rather than assigning hours, to set a trigger (i.e., if the line gets so long or approaches the cross isle) to have employees direct traffic. He asked Councilmember Fuller if that would satisfy his suggestion.

Councilmember Fuller responded his concern is if the trigger happens, but they are short-staffed, then it is not done. He mentioned is has to be a top priority for a person to go out there.

Vice Mayor Meadows shared that he runs a business and doesn’t like people telling him how to run it. He mentioned the problem on that site is probably the Dutch Bros., not Wendy’s, but it is a good problem.

Mayor Pope inquired about additional signage out of the drive-through to make a left turn only and he inquired about ingress signage to direct vehicles to the other entrance.

Mr. Strelo responded he doesn’t believe there is signage. He mentioned when approaching the site, a driver can navigate if pulling into the Dutch Bros. from the west and if coming in from Bridgehead it is obvious.

Councilmember Williams commented she likes the idea of a condition, but as a restaurant owner, it is not realistically going to happen during these times. She explained there is no need to direct traffic if there is no one to cook the food.

Councilmember Higgins agreed. She inquired if they can widen any of the back road.

Mr. Strelo responded that area is a separate parcel from this project and is privately owned.

Vice Mayor Meadows moved to approve the resolution as presented.

Councilmember Fuller requested clarification.

Mayor Pope mentioned Vice Mayor Meadows is offering the motion as is. 90 Councilmember Fuller moved to amend the motion and approve the resolution as amended to include a condition of approval for traffic control from the point where traffic from the drive-through extends in the que into the median road.

Mayor Pope seconded the amendment to the motion.

Councilmember Williams inquired what repercussions are available if the condition is not met.

Mayor Pope inquired what the enforcement mechanism is.

Mr. Strelo explained that if a condition of approval is non-compliant, the CUP can go back to the Council for consideration and he can include that in the resolution.

Councilmember Williams inquired who is responsible for compliance.

Mr. Strelo responded it is the operator.

Councilmember Fuller mentioned he believes the Council has authority to pull the permit if there is non-compliance.

Mr. Strelo confirmed that is correct.

Vice Mayor Meadows commented he is not in favor of the amendment, but if they allow 24 cars, he is okay with it.

Mayor Pope responded that 15 cars are where it is at.

The vote was taken on the amendment to the motion. AYES: Fuller, Pope. NOES:

Higgins, Meadows, Williams. The amendment failed.

The original motion made by Vice Mayor Meadows was seconded by Councilmember Fuller. Motion was unanimous and so ordered. (5-0)

4.2 CR-A (Commercial Recreation-Aquatic) District Zoning Text Amendment (RZ 02-21) Project (Ken Strelo, Planning Manager with Cindy Gnos, Senior Vice President, Raney Planning & Management, Inc)
Planning Manager Ken Strelo presented the staff report. He mentioned two letters were submitted in support of the text amendment which have been provided to the Council.

Rebecca Schmidt, Community Development and Planning Consultant with MRG, LLC, commented that the goal of the text amendment is to provide opportunity and find uses compatible with the waterfront so marinas don’t have to stand alone; they can bring in residents and community recreation. She mentioned the text amendment clarifies uses on the Delta and that clarification opens up the door for use of the 91 waterfront for recreation. She mentioned the marinas were contacted and all are in favor of the amendment.

Chris Lauritzen commented he is available to answer any questions.

Vice Mayor Meadows inquired if Foundation Construction is present and if they are in favor of the text amendment.

A person on behalf of Foundation Construction in the audience confirmed they are in favor if it does not affect them.

Mr. Lauritzen commented that the property owner is also present.

The property owner confirmed he is also supportive of the text amendment.

Councilmember Fuller mentioned the CR-A districts covered are only those north of the Amazon project and Big Break.

Mr. Strelo confirmed that is correct; they are the only areas zoned CR-A.

Councilmember Fuller inquired if it applies to Jersey Island Road.

Mr. Strelo explained those are zoned differently.

Vice Mayor Meadows inquired if there is potential for housing.

Mr. Strelo responded that the Community Residential Waterfront Master Plan allows for some housing along with commercial similar to mixed use like with Twin Oaks. He mentioned that would be a large-scale project that would occupy most of the marina.

Mayor Pope opened the public hearing and called for public comments. He mentioned two letters were submitted by Driftwood and Big Break marinas. He inquired if either would like to speak or if the letter addresses their comments. Both indicated the letter is fine; they did not wish to speak. Mayor Pope mentioned both letters encourage the Council to vote to approve the text amendment.

Public Comment Cards
Virgil Chaddock commented that this is a nice opportunity that would have been great years ago when there was talk about a Bass Pro Shop but that fell through. He suggested 6 pack charter boats would be a nice to have with a separate area for them to offload customers and their catches, along with customer parking. He mentioned he is aware of about 50 6 pack boats in the area that may be interested.

He also suggested 2 small fire boats in the harbor which could be shared with Bethel Island and Dutch Slough during emergencies as they can get to incidents fast. He also suggested additional Sheriff’s boats.
92 There being no further public comments, Mayor Pope closed the public hearing.

Councilmember Fuller commented he is happy with it and appreciates that it is expanding into the Delta, a tremendous resource.

Councilmember Williams mentioned it will be great to have money spent here rather than at other marinas, the area is ripe for restaurants, she loves the tours with kayaks, and is in favor of it.

Councilmember Higgins mentioned she didn’t see any drive-throughs and is all for it.

It was moved by Councilmember Williams and seconded by Councilmember Fuller to waive the first reading and introduce the proposed ordinance. Motion was unanimous and so ordered. (5-0)

5.REGULAR CALENDAR

5.1 Adopt a Resolution Appointing Conan Moats to the Planning Commission to Serve a 2-year term and Changing the Term for Planning Commissioner Shannon Shaw from 2-years to 4-years (Joshua McMurray, City Manager) City Manager Joshua McMurray presented the staff report.

Councilmember Fuller moved to table the item indefinitely to open the application process back up.

Vice Mayor Meadows requested clarification whether Councilmember Fuller’s motion is to table it or open it back up.

Councilmember Fuller indicated he wants it tabled.

Vice Mayor Meadows commented he would like to open the application process asap to all applicants.

Councilmember Fuller agreed and also mentioned the process should begin immediately.

Vice Mayor Meadows commented that he believes they are saying the same thing and he seconded the motion.

Mayor Pope inquired if the motion is to table the action and direct staff to initiate a new selection process to accept applications.

Councilmember Fuller indicated the motion is to solicit applications and have the Council interview eligible applicants. He mentioned Shannon Shaw has not been asked if she wants a 4-year term.
93 Mayor Pope mentioned the motion is to table the action and direct staff to initiate a new selection process as done before with applications, interviews and selection.

The vote was taken. AYES: Fuller, Meadows. NOES: Higgins, Pope, Williams. (2-3) Mayor Pope announced the motion failed.

Mr. McMurray commented that staff took the direction provided by the Council during its meeting held January 25, 2022, and prepared the resolution accordingly to appoint Conan Moats to the Planning Commission for a 2-year term and to change the term of Shannon Shaw from 2 years to 4 years. He mentioned Conan is willing to accept the position and is available to attend the CalCities’ Planning Commissioners Academy in March.

Vice Mayor Meadows commented he did not attend the last meeting held January 25, 2022, and does not see the rush to fill the position. He mentioned if Edward had not applied, he wonders how the 5 votes would have been made. He shared there was a woman he would have voted for had he not voted for Edward. He mentioned they still have time to go through the process and have the selected person attend the March training.

Mr. McMurray mentioned it can be done and recommended a shorter period of time for the application process so staff can bring the item back on March 8. He mentioned he will notify applicants not previously selected should they wish to reapply.

Councilmember Fuller commented if it is a no vote, then applications are re-opened and they would go through the process and make a selection.

Councilmember Higgins inquired if staff asked Shannon Shaw if she wants a 4-year term.

Mr. McMurray responded staff did not; it took the direction of the Council to prepare the resolution.

Shannon Shaw was in the audience and gave a thumbs up confirming a 4-year term is acceptable.

Councilmember Williams commented that the timeline seems unrealistic since it is already mid-February. She mentioned she does not think they will get many additional responses. She expressed that the Planning Commission was appointed in October and it is still not active, things will come up, residents feel like the Planning Commission is long overdue, and there will always be some potential barrier. She shared that she would have voted the same way so she feels like it is time to rip the band-aid off and get it up and running. She added that inaction is crippling them.
94 Councilmember Fuller commented the City is in position now to impanel the Planning Commission with 4 members to begin business; there is a quorum.

Mr. McMurray confirmed that is correct.

No public comment was submitted.

Councilmember Fuller commented they are gaining trust in the community and working with integrity, part of it is following policy, procedures to put people in office for the integrity of the community. He mentioned it has been 90 days since interviews, people change, and they need an opportunity to be heard. He mentioned a Planning Commission can come together by mid-March, but even without, it can commence business with 4 people. He indicated it may not be the best way, but to rush it by putting the next person in, is not the best way to go. He mentioned they should do as they originally said.

Councilmember Higgins commented that the system allows the Council to appoint someone so they can appoint Conan Moats to the Planning Commission and change the term for Shannon Shaw from 2 to 4 years.

Mayor Pope shared that during the previous Council meeting, there were only 4 Councilmembers present and there was an item on the agenda where they were deadlocked until he changed his vote. He commented he does not want to delay and he wants the Planning Commissioners to have training and get up and running so they can have a legitimate Planning Commission. He asked for the City Manager’s assurance that they can do the selection process and not delay so the Council can select and appoint a Planning Commissioner on March 8.

Mr. McMurray responded it will be tight, but staff will make it happen. He mentioned the CalCities’ Planning Commissioner Academy will be held March 16-18 and staff will make it known that the person selected must attend this training.

Mayor Pope added that staff will reserve a spot for that person for the training since the registration may already be open.

Mr. McMurray responded as soon as the person is appointed, the person will be registered.

Councilmember Higgins inquired how many staff hours have gone into the application process already for the Planning Commission and the cost.

Mr. McMurray explained that it has taken some time over this past year to get to this point, but they have everything ready from the previous application process so they can easily release information to the public to begin the application process.

Conan Moats requested to speak.
95 Mayor Pope commented he would not normally allow public comment at this time, but since Conan Moats is being considered for the position, he would like to hear from him.

Conan Moats commented that he has been listening to this back and forth and has been self-reflecting how to serve the community. He mentioned the previous application process in October had his name placed in a hat. He shared he is thinking of time management as he is a full-time teacher at a high school, a tennis coach, and a father to 3 children. He mentioned he understands the discussion, but given the time constraint, the City needs to make a decision. He expressed he is flustered because he did not realize there was that much dissent, but he wants to serve.

Councilmember Fuller commented that the process is worth every penny, time, and effort to bring this together. He mentioned the system works and the cost is well worth it.

Councilmember Williams commented that she has not heard one person in opposition of moving forward, but rather everyone is commenting why it is not moving forward and those voices need to be considered.

Vice Mayor Meadows moved to open the application process and hear the item during the March 8 Council meeting.

Mayor Pope inquired if his motion includes changing the term for Shannon Shaw from 2 years to 4 years.

Vice Mayor Meadows confirmed it does include that.

Councilmember Fuller requested for the motion to be formalized.

Mayor Pope mentioned the motion is to appoint Shannon Shaw to a 4-year term and open the application process back up to all applicants.

Councilmember Fuller seconded the motion.

The vote was taken. AYES: Fuller, Meadows, Pope. NOES: Higgins, Williams. (3-2)

5.2 Proclamation Policy (Joshua McMurray, City Manager) City Manager Joshua McMurray presented the staff report.

Mayor Pope inquired if this item is similar to a work session where staff is requesting Council feedback.

Mr. McMurray responded staff is looking for direction.
96 Councilmember Williams commented that before they invest time, she would like to know how much staff time it will take to create a formal policy and if the policy will provide staff a better place to come from.

Mr. McMurray responded the policy will be something staff can point to should Councilmembers have any questions and it will establish an application process. He mentioned he is all for streamlining, but this is one area to provide a process. He explained if the Council gives staff direction to move forward with a policy, he would review existing policies from other cities and create something similar to bring back for the Council’s review.

Councilmember Fuller commented he is all for approving, but would like to see the language, “on behalf of the City Council” omitted from the closing section of the proclamation. He explained the Mayor is issuing the proclamation and if there is any objection to the proclamation, there are other means to respectfully disagree and a mechanism for the Mayor to be asked to step aside should the Council be adversely impacted by the Mayor issuing the proclamation. He mentioned the Mayor should use best judgment.

Vice Mayor Meadows expressed he is in favor of a formal process and would lean toward Walnut Creek’s policy.

Councilmember Higgins commented she is fine with a formal policy and with the Mayor issuing the proclamation on behalf of the Council.

Councilmember Fuller commented that if the proclamation is presented “on behalf of the City Council” there should be a vote and he doesn’t want to hinder the Mayor if it is “on behalf of the City Council”; there should be a discussion. He indicated he is in favor of a formal policy.

Councilmember Higgins suggested a list could be put together of monthly proclamations which could be approved similarly to how the Council approves meeting dates because the Council may wish to be part of it.

Mayor Pope expressed he would like to share the history how this came about. He shared that he disagreed with a proclamation that a former Mayor wanted to read on behalf of the Council and the Council at that time voted to allow the Mayor discretion.

He indicated his personal practice is not to allow any proclamations that are controversial. He shared that today, a proclamation was requested by the Red Cross which seems like a straight-forward, go ahead item. He mentioned proclamations are usually a feel-good recognition or they draw attention to a community issue. He added that the Mayor represents the Council and the Council represents the community. He mentioned he is fine with the status quo.

Councilmember Williams commented that since staff is asking for it, the Council could formalize the process it is already doing.
97 Mayor Pope mentioned a proclamation list could be provided to the Council by email prior to issuance for review and approval.

Councilmember Fuller commented he is not sure how to put it together if there is not consensus.

Mr. McMurray commented it sounds like at least 3 or 4 Councilmembers are in favor of a draft policy so he will bring back a draft policy for the Council to review.

6.REPORTS

6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray announced the first Strategic Plan workshop will be held Tuesday, February 15, beginning at 6:30 p.m., at the Oakley Recreation Center.

He mentioned it will be the first of three meetings.
(b) Hybrid Meeting Discussion Follow-Up
Mr. McMurray mentioned staff was provided direction during the January 25 meeting to research and bring back to the Council hybrid meeting options. He mentioned Lindsey Bruno, Recreation Director and Website Coordinator, has a presentation for the Council to review options.

Ms. Bruno’s presentation addressed current viewing and participation options, options used, hybrid meeting options, what other cities in Contra Costa and Alameda counties are doing and platforms being used, other types of hybrid engagement, costs, and considerations for hybrid meetings.

Mayor Pope commented that hybrid meetings were brought up under the current State of Emergency which expires at the end of March and there is uncertainty if it will be extended.

Councilmember Williams commented that she wants to be realistic; there were a lot of people here at the beginning of the meeting for a non-agendized item, but for those that were unable to stay and participate, they would know more if they were able to participate, and now they may feel like it is unfinished business. She mentioned if transparency is the goal, listening to residents and residents seeing the Council listen to them is important, and the current system is not great. She expressed she does not want to invest expense if the emergency order is going expire, but they need to be more transparent, meet people where they are, and if the order gets extended, bring it back for further consideration.

Councilmember Higgins commented “ditto”.

Councilmember Fuller commented he is glad Ms. Bruno brought up schools. He mentioned many of the colleges are moving to in-person learning because it is best 98 for accreditation and for communication. He mentioned the only reason hybrid meetings came about was because of emergency which may no longer be in place soon. He shared he is in favor of having public participation in-person or in writing so meetings are more orderly and less chaotic as when they have tried to include both in-person and remote participation.

Vice Mayor Meadows commented that he does not think they need to go to two-way communication, but they do need to be able to broadcast something out that is more reliable than the current method. He mentioned staff already has a lot to work on and they don’t need to create an elaborate system, but they do need to make sure people can watch the meetings.

Mayor Pope commented the County is already lifting restrictions and remote meetings are enabled by legislation which allows remote meetings, but without legislation, they may very soon not have remote ability. He mentioned they will continue to follow open meeting law, a long-established practice. He shared they could have a two-way system, but the law may not allow for it. He mentioned the focus right now should be a reliable system to allow people to watch the meetings. (c) City Park Policy Discussion
Mr. McMurray mentioned this discussion is tabled and will be brought back during a future meeting as a full work session.

6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE

Councilmember Higgins reported search efforts for Alexis Gabe, a missing person, and anyone with information should call Oakley Police.
(b) Requests for Future Agendas
Councilmember Fuller proposed a resolution to oppose construction of the tunnel that would pump water from the Sacramento River to Tracy to the Central Valley. He explained it happens now by land but pumping would disrupt the ecosystem.

Councilmember Higgins supported his proposal.
99 Mayor Pope mentioned he would co-sign the letter and shared the City has an existing policy to instruct staff to send the letter out to state decision-makers and stakeholders.

7.WORK SESSIONS
None.

8.CLOSED SESSION
Mayor Pope announced the closed session Items.

The City Council heard the items in the antechamber.

8.1 CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(b)
Two potential cases.

8.2 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
City of Oakley v. Scelsi, et al.

Contra Costa Superior Court Case No. MSN16-1620

9.ADJOURN
There being no further business, the meeting was adjourned at 9:45 p.m.

Respectfully Submitted,
Libby Vreonis
City Clerk
100

Date: February 14, 2022
To: Mayor and Members of City Council
From: Elizabeth Fratarcangeli, Assistant City Attorney
Cc: Joshua McMurray, City Manager
Subject: Closed Session Report-Out Memo
FOR CONSIDERATION AT THE CITY COUNCIL MEETING OF FEBRUARY 22, 2022 Background and Analysis
The City Council considered the following closed session items during its regular meeting held February 8, 2022:

CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION
Pursuant to Government Code Section 54956.9(b)
Two potential cases.

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
City of Oakley v. Scelsi, et al.

Contra Costa Superior Court Case No. MSN16-1620
Direction was provided to staff. There was no reportable action.

Fiscal Impact
None.

Recommendation
Receive and file this report.

Attachments
None.

MEMORANDUM
Office of the City Attorney
101

STAFF REPORT
Approved and Forwarded to the City Council
DATE: February 22, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Acceptance of work associated with the Laurel Road Resurfacing Project (Empire Avenue to O’Hara Avenue) – Capital Improvement Project Number 250
Background and Analysis
The City’s adopted FY 2021/22 Capital Improvement Program (CIP) Budget designates funding for the City’s adopted FY 2021/22 Capital Improvement Program which designates funding for various infrastructure repair and replacement projects.

This is consistent with the City’s goals to improve the quality of the City’s public infrastructure and to enhance the quality of life for our residents.

Laurel Road is a major arterial roadway and is the only designated truck route in Oakley. Laurel Road from Empire Avenue to O’Hara Avenue has only needed minor maintenance treatments in the past; however, with the increase in housing development and construction traffic, the roadway has begun to deteriorate more rapidly over the last couple of years. To keep Laurel Road from declining any further, staff had the civil design firm, NCE design a roadway that could structurally withstand the increase in traffic volumes.

Staff also implemented additional safety measures for bicyclists and pedestrians by restriping the roadway to include a buffer lane between the travel lane and bike lane.

Also, rumble strips were added along the buffer zone to provide an auditory and vibratory effect to warn drivers that they are veering out of the travel lane. Lastly, sections of the bike lanes were painted green. The dashed green lanes leading up to intersections and heavily used driveways brings awareness where bicycles and vehicles may cross paths and the solid green area indicates “bicycle use only.” This is a safety feature that communicates to road users that a portion of the roadway has been set aside for preferential or dedicated use by bicyclists.

On July 13, 2021, the City Council awarded a contract to Teichert Construction for the construction of the Laurel Road Resurfacing Project (Empire Avenue to O’Hara Avenue). This work has been successfully completed by Teichert Construction. 102
Fiscal Impact
The authorized budget for the construction of this project was $2,767,019.00. This project was completed on time and under the authorized budget for a complete total of $2,416,960.56.

Pursuant to the contract documents, 5% of the accrued costs were withheld from the amount paid to the contractor. These funds are called “retention,” and are held until the end of the project to ensure that the contractor completes the project in a timely manner. Approval of this item will authorize the release of the retention payment to the contractor. The retention was already budgeted as part of the contract and change order approvals, so there is no additional fiscal impact associated with this action.

Staff Recommendation
Staff recommends that the City Council Adopt the Resolution accepting Capital Improvement Project Number 250 – Laurel Road Resurfacing Project (Empire Avenue to O’Hara Avenue) as constructed by Teichert Construction to be complete, and to direct the City Clerk to file a Notice of Completion for the project with the County Recorder.

Attachments

1. Resolution

2. Notice of Completion
103
Resolution No. __-22 Page 1
RESOLUTION NO. __-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ACCEPTING

THE WORK AS COMPLETE BY TEICHERT CONSTRUCTION FOR CAPITAL IMPROVEMENT PROJECT NUMBER 250 – LAUREL ROAD RESURFACING PROJECT (EMPIRE AVENUE TO O’HARA AVENUE)
WHEREAS, NCE prepared the plans, specifications, and estimates for Capital Improvement Project (CIP) Number 250 - Laurel Road Resurfacing Project (Empire Avenue to O’Hara Avenue); and
WHEREAS, on July 13, 2021, by adopting Resolution No. 83-21, the City Council awarded a construction contract to Teichert Construction, for the construction of the Laurel Road Resurfacing Project (Empire Avenue to O’Hara Avenue) - CIP Number 250; and
WHEREAS, Teichert Construction has satisfied the contractual requirements necessary for the acceptance of the Laurel Road Resurfacing Project (Empire Avenue to O’Hara Avenue) - CIP Number 250 to be deemed complete in the amount of $2,416,960.56.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley that the Laurel Road Resurfacing Project (Empire Avenue to O’Hara Avenue) - CIP Number 250 is hereby accepted as complete.

BE IT FURTHER RESOLVED AND ORDERED, that the City Clerk is hereby directed to file a Notice of Completion for the Laurel Road Resurfacing Project (Empire Avenue to O’Hara Avenue) - CIP Number 250 with the County Recorder.

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 22nd of February 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
_______________________
Randy Pope, Mayor
ATTEST:

Libby Vreonis, City Clerk Date
104
WHEN RECORDED MAIL TO:

City Clerk
City Of Oakley
3231 Main Street
Oakley, CA 94561
RECORDING REQUESTED BY:

City Of Oakley
3231 Main Street
Oakley, CA 94561
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE

NOTICE OF COMPLETION
Capital Improvement Project Number 250 - Laurel Road Resurfacing Project (Empire Avenue to O’Hara Avenue)
NOTICE IS HEREBY GIVEN THAT:

The CITY OF OAKLEY, a political subdivision of the State of California, did, on July 13, 2021, enter into an agreement with Teichert Construction for the construction of Capital Improvement Project (CIP) Number 250 – Laurel Road Resurfacing Project (Empire Avenue to O’Hara Avenue), with work located on Laurel Road between Empire Avenue and O’Hara Avenue.

The Owner’s nature of interest or estate in the property described below is in fee.

The work described in the contract documents was to furnish all material, labor, and equipment necessary to complete CIP Number 250 – Laurel Road Resurfacing Project (Empire Avenue to O’Hara Avenue).

On February 22, 2022, said contract, as a whole was completed and the work was accepted by the City Council of the City of Oakley.
______________________________________________________________________

VERIFICATION
I have read the foregoing NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed this 22nd day of February 2022 at Oakley, California.

Date: ______________ By:

Libby Vreonis, City Clerk
City of Oakley, California

PURSUANT TO GOVERNMENT CODE
§6103 NO FEE IS REQUIRED FOR THE

RECORDATION OF THIS DOCUMENT
105

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: CalRecycle Notification of Intent to Comply - Adopt a resolution to file a “Notification of Intent to Comply” related to implementation of Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR) (Senate Bill 1383) to CalRecycle by March 1, 2022.

Summary
This is a Consent Calendar item for City Council approval to authorize the City Manager, on behalf of the City of Oakley, to submit a Notification of Intent to Comply (“NOIC”) with Senate Bill 1383 (“SB 1383”) to the California Department of Resources and Recycling (“CalRecycle”). Jurisdictions are required to implement SB 1383 starting on January 1, 2022. A vast majority of local jurisdictions, including the City of Oakley, are facing implementation challenges. SB 619 authorizes the California Department of Resources Recycling and Recovery (“CalRecycle”) to waive civil penalties if a jurisdiction submits and adopts, by resolution, a Notification of Intent to Comply for the regulatory requirements and implements a Corrective Action Plan.

Staff recommends the City Council adopt the proposed Resolution authorizing the City Manager, on behalf of the City of Oakley, to Submit a Notification of Intent to Comply with Senate Bill 1383 to CalRecycle.

Fiscal Impact
In the case that CalRecycle pursues enforcement of SB 1383 implementation items, submittal of this Notification of Intent to Comply will relieve the City and General Fund from civil penalties accrued during the 2022 calendar year. Once levied, civil penalties can accrue at a rate of up to $10,000 per day.

Background
SB 1383, Short-lived Climate Pollutants Reduction, as enacted in 2017 (Lara, Chapter 395, Statutes of 2016), established targets to reduce the statewide disposal of organics by 50% by 2020 and 75% by 2025; and requires that not less than 20% of edible food that is currently disposed be recovered for human consumption by 2025. SB 1383 is the most significant waste reduction mandate to be adopted in California in the last 30 years and requires that each jurisdiction redefine and develop methods for managing and collecting 106
Subject: CalRecycle Notification of Intent to Comply
Date: February 22, 2022

Page 2 of 2 ends

organics, procuring recycled organics and developing a policy, recovering edible food, tracking and document non-franchise haulers, planning for edible food capacity expansion, and enforcing SB 1383 provisions. In addition, it requires complying with the Model Water Efficient Landscape standards and CalGreen, California’s green building standards code.

Despite the variety of major programmatic and policy-related requirements for jurisdictions, generators, and other entities set forth by SB 1383, this regulation is an unfunded mandate.

It impacts all property owners, tenants, multifamily residences, commercial entities, and public entities within the City. Jurisdictions that are unable to fully implement the SB 1383 regulations, may submit to CalRecycle a Notice of Intent to Comply by March 1, 2022. The Notification of Intent to Comply includes a template for creating a Corrective Action Plan with proposed timelines and steps for bringing the City of Oakley into compliance with SB 1383.

CalRecycle may waive calendar year 2022 administrative civil penalties for the violations if the local jurisdiction implements the actions proposed in the Notification of Intent to Comply.

Analysis
The City of Oakley has worked, and continues to work, closely with the City’s solid waste franchisee, Mt. Diablo Resource Recovery (“MDRR”), on implementing SB 1383 regulations.

On December 14, 2021, the City Council adopted Ordinance No. 11-21, which amended the City’s ordinance regarding solid waste collections and regulations and brought it into compliance with SB 1383 regulations. City Staff has reviewed and provided feedback on MDRR public outreach efforts resulting in SB 1383 flyers being mailed out to commercial businesses, and Staff will do the same for residential customer flyers. City Staff and MDRR continue to meet with and engage staff from multiple other local jurisdictions as well as with staff from helpful resources such as CalRecycle, RecycleMore, and RecycleSmart in order to develop best practices, share resources, interpret regulations, and discuss potential strategies for meeting the challenging SB 1383 requirements.

Areas in which the City and many local jurisdictions will commonly experience implementation difficulty and potential civil penalties in 2022 include recycled organics procurement, edible food recovery, edible food capacity planning, and organics collection and management. Authorization to submit a Notification of Intent to Comply to CalRecycle will afford the City time to develop a stepwise plan with CalRecycle for achieving SB 1383 compliance in these areas without incurring fines in calendar year 2022.

Recommendation
Staff recommends the City Council adopt the proposed Resolution authorizing the City Manager, on behalf of the City of Oakley, to Submit a Notification of Intent to Comply with Senate Bill 1383 to CalRecycle.

Attachments

1. Notification of Intent to Comply Form

2. Draft Resolution
107
Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a county and city, or special districts providing solid waste collection services) for purposes of submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC) section 42652.5(c)].

A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the jurisdiction’s governing body, shall be sent to CalRecycle no later than March 1, 2022, to [email protected].

A jurisdiction shall, at minimum, include the following in its notification:

1. A description, with specificity, of the continuing violations.

2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.

3. A description of the impacts of the COVID-19 pandemic on compliance.

4. A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in 14 CCR section 18996.2 with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.

Upon approval by CalRecycle of a jurisdiction’s notification and implementation of the intent to comply, a jurisdiction may be eligible for both of the following:

1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section 42652.5(d).

2. A corrective action plan pursuant to 14 CCR section 18996.2. a. CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction’s notification that will take more than 180 days to correct. In this situation, the proposed actions and schedule in the jurisdiction’s approved notification will be in effect until a corrective action plan is issued.

CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its notification with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction’s notification.
108
Please clearly print or type responses. Attach additional pages as necessary.

Jurisdiction Name: City of Oakley County:Contra Costa
Person Completing the Form:Ken Strelo
First Name: Ken Last Name: Strelo
Title: Planning Manager
Mailing Address: 3231 Main Street
City: Oakley Zip Code: 94561
Email Address: [email protected]
Phone Number: (925) 625-7036

1. Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section.

Example:
☒ (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services i. Not implementing mandatory residential foodwaste collection for all residents. Note:

City already provides mandatory greenwaste collection to all residents ii. Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.

Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations.
(A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11. (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services (C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
(F) 14 CCR section 18984.5 Container Contamination Minimization (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
(H) 14 CCR section 18984.7 Container Color Requirements (I) 14 CCR section 18984.8 Container Labeling Requirements (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach. (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance with Education and Outreach Requirements
(N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers (O) 14 CCR section 18988.3. Self-haulers of Organic Waste (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
(Q) 14 CCR section 18989.1. CALGreen Building Codes
(R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance 109
(S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
(U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning (V) 14 CCR section 18992.2. Edible Food Recovery Capacity (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
(Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are still expected to report to CalRecycle.
(BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8)
(CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are still expected to investigate complaints.
(EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction Use the check box(es) below to write in the continuing violations for any regulatory section(s) not reflected above and describe the specific violations related to the regulatory section.

Example:
☒ (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section (1)
(2)
(3)
(4)
(5)

2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.

The City and its franchised hauler and operator of the Recycling Center and Transfer Station ("RCTS") in Pittsburg, Mount Diablo Resource Recovery ("MDRR"), have met significant milestones in creating capacity for organics collection and processing per SB 1383 requirements. MDRR currently upgrading the existing transfer station (RCTS) into the Mount Diablo Resource Recovery Park ("MDRRP") capable of receiving, processing, and converting organics in compliance with SB 1383. The City of Pittsburg has approved all discretionary items needed to commence the project; however, MDRR is experiencing delays receiving Regional Water Quality Control Board approvals that will allow for construction of a an 82,500 sf. organics building necessary for accepting and processing residential organics in compliance with SB 1383 due to its proposed location on an inland stream. MDRR has engaged CalRecycle in seeking approval from the RWQCB and all other agencies, including the Army Corps of Engineers have given permission to proceed with the construction. MDRR hopes to 110
receive RWQCB approval to move forward with construction of the organics building by April 15, 2022; however, additional delays may occur.

MDRR’s current facilities are equipped to manage commercial organic waste, and the City has passed its mandatory ordinance and has established agreement with MDRR on the terms of an amendment to the City’s franchise agreement, which is anticipated to be approved by City Council shortly.

Residential organics waste collection service that includes the collection of residential food scraps cannot commence until the organics processing building is complete at MDRRP. The City is in compliance with, or anticipates full compliance with, all other aspects of SB 1383 implementation aside from food scraps collection in the residential sector.

3. A description of the impacts of the COVID-19 pandemic on compliance.

The COVID-19 global pandemic has altered MDRR’s traditional outreach methods as site visits and in-person audits, especially for encouraging required organics service at all commercial locations and multifamily locations, have been converted to mostly virtual experiences. Due to the pandemic, many commercial accounts have turned over and response rates received from commercial accounts have lengthened. In the midst of it all, MDRR expanded its outreach and customer service team in order to prioritize organics outreach, and still aims to have all remaining noncompliant businesses and multifamily residences registered and using the organics service (or properly waived). These delays on the commercial and multi family residential side have impacted staff’s ability to shift its focus to residential organics outreach and marketing. Similarly, all City-sponsored school and public events at which solid waste regulations and new compliance programs are shared and discussed with the public have been paused since the beginning of 2020.

In preparation for SB 1383, City staff watched impending regulations carefully and began internally planning for staffing needed to carry out outreach, monitoring, and enforcement activities, as well as associated increased communications with MDRR upon SB 1383 implementation. At the same time, these departments have been bombarded with the fallout of the pandemic: major increases in homelessness, illegal dumping, abandoned businesses, construction projects, and more.

The City’s anticipated amendment with MDRR includes full outreach and education services in compliance with the law, and the addition of one full-time enforcement officer responsible for SB 1383 compliance activities.

4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner. See optional format below.

Please see tables starting on page 6.
111
I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge.
------------------------------
Signature
Ken Strelo
------------------------------
Printed Name
Planning Manager
------------------------------
Title
2/22/2022
----------------------------
Date
112
Regulatory Requirement: (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory residential food waste collection for all residents. Note: City already provides mandatory green yard waste collection to all residents and provides commercial organics service with mandatory subscription implemented by ordinance and full roll-out required of hauler.

Action Proposed Schedule
TASK 1: MDRR to receive RWQCB approval to
construct organics building at the MDRRP facility.

Date to be completed: January 1, 2024
TASK 2: Establish a weekly (yard waste collection
currently bi-weekly) Residential and Multifamily
Organics Program once there is capacity for
residential organic waste at the MDRRP facility.

Single family homes and multifamily locations
already have green yard waste carts for yard
waste collection, which will be expanded to
include Combined Organic Waste. Public
outreach and education will commence by or
before January 1, 2024.

Date to be completed: July 31, 2024
TASK 3: MDRR to add 1.5 additional residential
routes/trucks/drivers, plus an additional
commercial route of which Oakley has an
approximately 7% share contribution.

Date to be completed: July 31, 2024
113
Resolution No. XX-22 Page 1 of 2
RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY OF OAKLEY CITY COUNCIL AUTHORIZING THE

CITY MANAGER, ON BEHALF OF THE CITY OF OAKLEY, TO SUBMIT A NOTIFICATION OF INTENT TO COMPLY WITH SENATE BILL 1383 TO THE

CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY WHEREAS, THE California Department of Resources Recycling and Recovery (“CalRecycle”), in consultation with the California Air Resources Board, has adopted regulatory requirements (“Regulations”), consistent with the mandate of Senate Bill 1383 (Lara, 2016) (“SB 1383”), that are designed to achieve the organic waste reduction goals established in Section 39730.6 of Health and Safety Code through a 50 percent (50%) reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and 75 percent (75%) reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025; and
WHEREAS, the City of Oakley is a local jurisdiction required to comply with the Regulations; and
WHEREAS, the City of Oakley, like most entities required to comply with the Regulations, will not be able to achieve full compliance with the Regulations during the 2022 calendar year; and
WHEREAS, Senate Bill 619 (Laird, 2021) (“SB 619”), through amendments to Section 42652.5 of the Public Resources Code (“Statute”), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan; and
WHEREAS, the City of Oakley is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle approval; and WHEREAS, by submitting the Notification of Intent to Comply the City of Oakley represents and certifies that it will implement the proposed actions to remedy the violations according to the proposed corrective action plan schedule as approved by CalRecycle and in accordance with the Statute and Regulations; and WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the City of Oakley by formal written resolution and meets the requirements of the Statute.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Oakley hereby authorizes the City Manager or his designee to sign and submit the Notification of 114
Resolution No. XX-22 Page 2 of 2
Intent to Comply, as included with this Resolution’s Staff Report, to CalRecycle for approval.

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 22nd day of February, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:

Randy Pope, Mayor Date
ATTEST:

Libby Vreonis, City Clerk Date
115
Ordinance No. 02-22 1 of 4
ORDINANCE NO. 02-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADOPTING A ZONING TEXT AMENDMENT TO OAKLEY MUNICIPAL CODE SECTION 9.1.512 (COMMERCIAL RECREATION-AQUATIC [CR-A]) RELATED TO THE PERMITTED

AND CONDITIONAL USES ALLOWED IN THE CR-A DISTRICT (SUBSECTIONS

9.1.512[a], [b], [c], and [h] (RZ 02-21)
The City Council of the City of Oakley does ordain as follows:

SECTION 1. Subsections 9.1.512(a), (b), (c), and (h) of the Oakley Municipal Code Section 9.1.512 titled, Commercial Recreation-Aquatic (CR-A), is hereby amended as follows:
a. Purpose and Intent. The CR-A Zone is designated in certain areas along the City’s waterfront, which is part of the greater Sacramento-San Joaquin Delta. The Delta is a unique region that supports a wealth of natural resources, vibrant communities, agriculture, and recreation. The lands designated CR-A are within the Secondary Zone of the Delta, within the Contra Costa County Urban Limit Line, within City limits, and within the Urban Interface Zone in the Delta Plan. The purpose of the CR-A District is to provide designated areas for commercial, recreational and visitor-oriented uses compatible with the waterfront and the natural features in the Delta. The intent is to provide new and protect existing commercial and recreational opportunities. The CRA Zone will encourage uses that allow residents and visitors to enjoy and appreciate the waterways of the Delta. The proximity to the Delta is considered a further opportunity to enhance the overall quality of the area. b. Permitted Uses. Uses permitted in the CR-A district shall be as follows:

1. Boat charter, rental, or sales. Boats include kayaks, canoes, stand up paddle boards, sail boats, wind sailing, jet skis, bass boats, cabin cruisers, electric boats, and similar watercraft;

2. Boat storage/yards. Indoor or outdoor storage of boats, including stack storage, boat haul out, maintenance, and boat repair as an ancillary use;

3. Boat tours, including fishing guides and tours of the Delta;

4. Docks and boat launches;

5. Eating and drinking establishments, including restaurants, cafés, take-out, floating restaurants, take-out by boat, and dock dining. Drive-throughs not permitted;

6. Ferry services;

7. Fishing tournaments;

8. Houseboat charter, rentals, and sales;

9. Indoor storage of marine or recreational equipment and supplies;

10.Interpretive and educational facilities;

11.Marinas;

12.Marinas with recreational vehicle parks;
116
Ordinance No. 02-22 2 of 4

13.Marina mixed-use developments, including restaurants, offices, or retail shops;

14.Marine schools;

15.Offices;

16.Park and recreation facilities, including tent or recreational vehicle campgrounds;

17.Public safety facilities, including marine patrol, search and rescue, and reclamation district facilities;

18.Recreational vehicle repair and/or storage within enclosed structures;

19.Retail stores;

20.Studios and galleries for artists; and

21.Utilities, minor (utilities and energy efficient improvements to buildings and structures).
c. Uses Requiring a Conditional Use Permit. In the CR-A district the following uses are permitted after the issuance of a conditional use permit:

1. Boat storage/yards when including boat building or manufacturing;

2. Commercial waterfront master plan with a residential component (Residential component subject to the lot and yard requirements, building height and other regulations of multiple family residential districts (M-9, M-12 and M-17) (Sections

9.1.406(e) through (h));

3. Hotels and motels;

4. Utilities, major (Generating plants, electrical substations, water reservoirs, water or wastewater treatment plants, and similar facilities of public agencies or public utilities. A structure that may have a significant effect on surrounding uses shall be regulated under this classification); and

5. Yacht club.
h. Other Regulations.

1. All new commercial development shall be consistent with the Commercial and Industrial Design Guidelines (See Appendix C of this chapter) and is subject to Design Review approval;

2. Marinas include covered or un-covered berths, fuel docks, electric boat charging stations, launch ramps, marine maintenance and repair services, lubricants, parts, and accessories for boats, pump outs, convenience store, office, harbormaster living quarters, and related uses;

3. Boat and houseboat sales may be new or used vessels that are operable and seaworthy;

4. Public safety facilities may include outdoor storage of mobile trailers for disaster preparedness (levee failures, oil spills, earthquakes);

5. Fences, walls, hedges, uncovered decks, landings, patios, platforms, porches and terraces and similar structures not more than 6 feet in height, may be located within any required side yard to the rear of the front setback or within any required rear yard other than those abutting an alley. Fences, walls, hedges, and accessory structures shall be limited to 3 feet in height above natural grade in all required front yard setback areas; and
117
Ordinance No. 02-22 3 of 4

6. Marina and Dock Regulations. Marina and dock projects may be allowed in the CR-A district based on the following criteria, as determined appropriate by the Community Development Director:
a. Proposed locations should be along waterways having an adequate channel width as defined by the State Harbors and Navigation Code; b. Adequate public vehicular access and parking must be provided; c. Off-site improvements, such as required access roads, must be capable of supporting the proposed development and subsequent use; d. Adequate on-site sewage or public sewer disposal must be provided; e. Adequate access for emergency response vehicles must be available; f. Such uses should minimize the conflict with adjacent agricultural uses or natural resources;
g. Adequate potable water must be provided, as appropriate, for all recreational uses; and
h. Encourage public access to the delta and shoreline in conjunction with new dock and marina projects. Such access may be achieved upon the subject property or through cooperative efforts with adjacent property owners.

SECTION 2. California Environmental Quality Act.

An Initial Study/Negative Declaration (IS/ND) was prepared for the proposed project in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Sections 21000 et seq., and the State CEQA Guidelines to evaluate the potential environmental impacts of the project. The IS/ND was made available for public review from November 21, 2021 to December 20, 2021. As detailed therein, the IS/ND concluded the project would not result in a “Potentially Significant” impact with respect to any environmental issue area that would require the incorporation of feasible mitigation measures to reduce the potential project impact to a less-than-significant level.

SECTION 3. Effective Date and Posting.

This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk shall cause the ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation, or by publishing a summary of the proposed ordinance, posting a certified copy of the proposed ordinance in the City Clerk’s Office at least five (5) days prior to the City Council meeting at which the ordinance is to be adopted, and within fifteen (15) days after its adoption, publishing a summary of the ordinance with the names of the Council Members voting for and against the ordinance.
118
Ordinance No. 02-22 4 of 4
PASSED, APPROVED AND ADOPTED this 22nd day of February, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
____________________ ________________
Libby Vreonis, City Clerk Date
119

STAFF REPORT
Approved and Forwarded to the City Council
DATE: February 22, 2022
TO: Joshua McMurray, City Manager
FROM: Jeri Tejeda, Human Resources Director
SUBJECT: Adopt Resolution Amending the Employee Personnel Manual adding section 9.16 for Police Management.

Background and Analysis
It is the goal of the City to provide pay and benefits that are competitive with our surrounding cities, as well as ensure the compaction between staff and supervisors are fair and competitive as well. This philosophy will allow for us to recruit and retain employees who exceed the Oakley standards.

In a recent review of salary and benefits of our Police Management staff it was determined that the compaction between the sergeant and lieutenant level was lacking to meet the goals of the City. A promotion within the current policy would actually decrease total compensation by approximately -7%.

The City of Oakley salary and benefits are provided in two documents, the Employee Personnel Manual and the Oakley Police Memorandum of Understanding (MOU). The Police MOU only covers salary and benefits for the positions of Police Officer and Police Sergeant.

Our Police Management team consists of the Police Chief as well as two Lieutenant positions.

When a sergeant promotes into the lieutenant position, there has not been a formal document stating provided benefits. The recommended amendment will provide a formal documentation of the benefits that will continue to be provided when a promotions occurs from the Police MOU into a Police Management position.

The recommended addition of section 9.16 will formally allow for Police Management to retain some of the incentives such as longevity pay that they were receiving as a sergeant as well as add some additional benefits to make up for items they will not continue to receive such as holiday pay and other incentive pay. 120
Staff recognizes that the Employee Personnel Manual has not been updated in quite some time. We will be working on this update and will be bringing it back in the near future for consideration.

The need to provide the Police Department with a Management Team can not wait for a complete update to the manual, which is why this addition is being brought separately.

With approval of the addition, the Lieutenant positions can be filled immediately allowing for the Police Department to begin to organize under the Police Chiefs vision for the department and the City.

Fiscal Impact
The Fiscal Year 2021/2022 budget provided for two lieutenant positions. The transitions that have occurred within the department has left these positions vacant for most of the current fiscal year. Due to these vacancies, there is no need for a budget amendment in fiscal year 2021/2022.

In the Fiscal Year’s to follow, the recommended addition of section 9.16 is expected to cost an additional $60,000 per year and will be part of the recommended budget moving forward, starting with Fiscal Year 2022/2023.

Staff Recommendation
Adopt Resolution Amending the Employee Personnel Manual adding section 9.16 for Police Management.

Attachments

1. Resolution

2. Section 9.16 Police Management

3. Employee Personnel Manual-Redlined

4. Police Memorandum of Understanding
121
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADOPTING

AMENDMENTS TO THE CITY OF OAKLEY PERSONNEL MANUAL
WHEREAS, the Personnel System established by Ordinance No. 17-00 requires implementation of the City’s personnel rules, police and procedures; and WHEREAS, in 2001 The City Council Adopted and in 2004, 2008, 2012, 2016 and 2017 amended the Personnel Manual to implement these rules, policies and procedures; and
WHEREAS, the need to add a section to the personnel manual specific to Police Management staff is imperative to ensure benefits being offered are documented in the manual; and
WHEREAS, these benefits will ensure when promoting to Police Management, compensation will be internally aligned and competitive; and WHEREAS, the addition of the Police Management Section will allow for recruitment and retention of qualified officers; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby approves the amendment to the Employee Personnel Manual to include section 9.16 for Police Management salary and benefits.

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 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:

Mayor
ATTEST:

Libby Vreonis, City Clerk Date
122

9.16 Police Management Compensation & Benefits
Police Management is to be defined as all sworn officers not covered by the Police MOU.

9.16. • Post Certifications
o All Police Management Personnel will receive a benefit equal to the benefit provided in the Police MOU under POST Certifications.
• Master’s Degree
o All Police Management Personnel will receive a benefit equal to the benefit provided in the Police MOU under Master’s Degree.
• Longevity Pay
o All Police Management Personnel, with the exception of the Police Chief, will receive a benefit equal to the benefit provided in the Police MOU under Longevity Incentive Pay.  This is to include the language for former Contra Costa Sheriff’s Officer Personnel.
o The Police Chief will receive 5% of base pay if they have served the City of Oakley, in any position, for more than 5 years.
• Deferred Compensation
o All Police Management Personnel, with the exception of the Police Chief, will receive a 2 % City contribution into one of the City’s already established deferred compensation plans.
• PORAC
o All Police Management Personnel will receive a benefit equal to the benefit provided in the Police MOU under Retiree Medical, PORAC. This is to include the language related to the Legal Defense Fund.  Any fees to be a member of PORAC and participate in the legal defense fund, will be paid by the employee. • Starting Base Pay
o Lieutenant starting base pay will be at least 20% higher than the highest paid Sergeant’s base pay.  This is to compensate for the loss of holiday and incentive pays that are no longer available to Police Management employees. • Compaction
o Total compaction between the Sergeant and Lieutenant and Lieutenant and Chief will not fall below 10% when comparing total compensation at the maximum base salary for each position.
o Compaction will be reviewed at the start of any new MOU agreement to ensure the 10% range still exists.
123

PERSONNEL MANUAL
Adopted by the City Council
April 25, 2017
124
Table of Contents
INTRODUCTION & PURPOSE OF PERSONNEL MANUAL ................................................. 1-1 Mission and Values Statement .......................................................................................................................................................... 1-1 Human Resources Division .................................................................................................................................................................. 1-2 Disclaimer ........................................................................................................................................................................................................ 1-3 Acceptance of Employment .................................................................................................................................................................. 1-2 Applicability ...................................................................................................................................................................................................... 1-2 Personnel Officer ........................................................................................................................................................................................ 1-3 Department/Division Rules and Regulations ................................................................................................................................. 1-3 Approval of and Amendment to Personnel Manual .............................................................................................................. 1-4 Rights of Management ........................................................................................................................................................................... 1-4 Violation of Personnel Rules ................................................................................................................................................................ 1-4 DEFINITIONS ......................................................................................................................................................... 2-4 CLASSIFICATIONS OF POSITIONS ...................................................................................................... 3-1 Classification Plan ....................................................................................................................................................................................... 3-1 Reclassification .............................................................................................................................................................................................. 3-1 Types of Employees ................................................................................................................................................................................ 3-1 RECRUITMENT AND SELECTION OF EMPLOYEES .............................................................. 4-1 Administration ................................................................................................................................................................................................ 4-1 Announcement of Vacancies ............................................................................................................................................................... 4-1 Applications ..................................................................................................................................................................................................... 4-2 Disqualification of Applications .............................................................................................................................................................. 4-2 Competitive Selection Process ............................................................................................................................................................. 4-3

4.4.1 Employment Conditions .............................................................................................................................................................. 4-3 125
Reasonable Accommodation for Disabilities ................................................................................................................................. 4-4 Driver’s Licenses ......................................................................................................................................................................................... 4-4 Employer Pull Notice Program ........................................................................................................................................................... 4-5 Other Types of Appointments ............................................................................................................................................................. 4-5 Transfer ................................................................................................................................................................................... 4-6 Promotion ................................................................................................................................................................................... 4-6 Demotion ................................................................................................................................................................................... 4-7 Acting/Interim Position ............................................................................................................................................................. 4-7 Marital Status and Immediate Family ............................................................................................................................................. 4-8 Anti-Nepotism Policy ............................................................................................................................................................... 4-8 Marriage of Co-Employees ................................................................................................................................................. 4-9 Employment Incentives ............................................................................................................................................................................ 4-9 EQUAL EMPLOYMENT OPPORTUNITY ............................................................................................ 5-1 PROBATIONARY PERIOD ........................................................................................................................... 6-1 Application ....................................................................................................................................................................................................... 6-1 Probationary Status .................................................................................................................................................................................... 6-1 Action Required to Remove Employee from Probationary Status ................................................................................. 6-2 Evaluation After Removal from Probationary Status ............................................................................................................... 6-2 Extension of Probation ............................................................................................................................................................................ 6-2 Rejection from Probation ........................................................................................................................................................................ 6-3 Completion of Probation ......................................................................................................................................................................... 6-3

PERFORMANCE EXPECTATIONS, EVALUATIONS AND PROFESSIONAL
DEVELOPMENT .................................................................................................................................................. 7-1 Performance Expectations ...................................................................................................................................................................... 7-1 The 3P’s of Public Service ............................................................................................................................................... 7-1 126
Performance Evaluation ........................................................................................................................................................................... 7-2 Procedure for Conducting Performance Evaluations ................................................................................................................ 7-2 Informal Performance Evaluations ...................................................................................................................................................... 7-3 Employee Training and Development ............................................................................................................................................. 7-3 Tuition Reimbursement ............................................................................................................................................................................ 7-3 Eligibility ................................................................................................................................................................................... 7-3 Criteria ................................................................................................................................................................................... 7-4 Tax Issues ................................................................................................................................................................................... 7-4 Reimbursement .......................................................................................................................................................................... 7-4 No Reimbursement ................................................................................................................................................................. 7-5 General Information Regarding Tuition Reimbursement Program .................................................................. 7-5 Professional Organization Membership/Certificate Renewal ................................................................................................... 7-5 Travel and Training for Professional Development .................................................................................................................. 7-5 WORKWEEK, SCHEDULES, ATTENDANCE AND OVERTIME .......................................... 8-1 Hours of Business .................................................................................................................................................................................... 8-1 Attendance ..................................................................................................................................................................................................... 8-1 Excessive Tardiness/Absenteeism and Abuse of Leave .................................................................................... 8-2 Abandonment of Position .................................................................................................................................................... 8-2 Official Workweek for Computing Overtime and Compensatory Time ......................................................................... 8-3 Standard Work Periods for Non-Exempt, Full-Time Employees ...................................................................................... 8-3 Non-Exempt Office Personnel: .......................................................................................................................................... 8-4 Non-Exempt Public Works/Parks Field Personnel: ................................................................................................. 8-4 Lunch or Meal Periods .......................................................................................................................................................................... 8-4 Designation of Alternative Work Schedules ................................................................................................................................. 8-5 Break Periods – Non-Exempt Eligible Employees .................................................................................................................... 8-5 127
Lactation Breaks ......................................................................................................................................................................................... 8-6 Lactation Break Time ............................................................................................................................................................ 8-6 Private Location ......................................................................................................................................................................... 8-6 Storage of Milk ......................................................................................................................................................................... 8-6 Time Sheet Submittal .............................................................................................................................................................................. 8-7 Time Reporting – Exempt Employees ............................................................................................................................................ 8-7 Time Reporting – Non Exempt Employees ................................................................................................................................ 8-7 Purpose of Time Reporting ............................................................................................................................................... 8-7 Hours Worked ........................................................................................................................................................................... 8-7 Responsibility for Completion of Time Sheets ......................................................................................................... 8-9 Overtime Reporting ................................................................................................................................................................................. 8-10 Hours for Overtime .............................................................................................................................................................. 8-10 Accounting for Portions of an Hour Worked ........................................................................................................ 8-11 Work Period for Police – FLSA Section 207(k) .................................................................................................. 8-11 Compensation for Overtime ............................................................................................................................................. 8-11 No Remote Access .............................................................................................................................................................................. 8-13 No Volunteering of Work Time .................................................................................................................................... 8-13 Exempt Employee Policy .................................................................................................................................................................... 8-13 Management Leave - Exempt Employees ...............................................................................................................................8-14 COMPENSATION AND BENEFITS ......................................................................................................... 9-1 Compensation Plan ................................................................................................................................................................................... 9-1 New Employees ......................................................................................................................................................................................... 9-1 Merit Increases ............................................................................................................................................................................................ 9-1 Pay Upon Separation .............................................................................................................................................................................. 9-1 Employee Paychecks ............................................................................................................................................................................... 9-2 128
Overtime and Compensatory Time Off ......................................................................................................................................... 9-2 Insurance Benefit Programs.................................................................................................................................................................. 9-2 Health Insurance Benefit and Waiver ............................................................................................................................................. 9-2 Retirement Benefit Program.................................................................................................................................................................. 9-3 Employee Assistance program (EAP) ............................................................................................................................................. 9-4 Consolidated Omnibus Budget Reconciliation Act (COBRA) Continuation of Group Health Benefits ......... 9-4 Bilingual Pay ................................................................................................................................................................................................. 9-5 Call Out Pay ............................................................................................................................................................................................... 9-6 Wellness Program...................................................................................................................................................................................... 9-6 Part-Time Employees Eligibility for Pro-Rata Benefits ............................................................................................................. 9-6 HOLIDAYS, VACATION, SICK LEAVE AND OTHER LEAVES OF ABSENCE .... 10-1 Holidays ....................................................................................................................................................................................................... 10-1 Holiday Benefits for Full-Time Employees ................................................................................................................................. 10-2 Holiday Benefits for Regular Part-time Employees ............................................................................................................... 10-2 Work Performed on Holiday ............................................................................................................................................................. 10-3 Holiday Falling on a Weekend or Scheduled Day Off.................................................................................................... 10-3 Religious or Other Observances .................................................................................................................................................... 10-4 Paid Vacation Leave ............................................................................................................................................................................. 10-4 Eligibility for Vacation ............................................................................................................................................................................. 10-5 Initial Accruals - City Manager Discretion .................................................................................................................................. 10-5 Eligibility to Earn Vacation .................................................................................................................................................................. 10-5 Holiday During Vacation ...................................................................................................................................................................... 10-6 Illness During Vacation ......................................................................................................................................................................... 10-6 Earning and Accumulating Vacation Leave .............................................................................................................................. 10-6 Maximum Amount of Accrual .......................................................................................................................................................... 10-6 Police Management Compensation & Benefits........................................................................................................................... 9-6 129
Vacation buyback .................................................................................................................................................................................... 10-6 Hardship Request ................................................................................................................................................................................... 10-7 Regular Part-time Employee Vacation Leave Benefit ......................................................................................................... 10-8 Limited Term and Seasonal Employees ................................................................................................................................... 10-8 Paid Management Leave ................................................................................................................................................................... 10-8 Sick Leave ................................................................................................................................................................................................. 10-9 Sick Leave Notice ................................................................................................................................................................ 10-9 Eligibility ................................................................................................................................................................................ 10-9 Accrual .............................................................................................................................................................................. 10-10 Earning and Accumulating Sick Leave................................................................................................................... 10-10 Sick Leave at Separation .............................................................................................................................................. 10-10 Use of Sick Leave ........................................................................................................................................................... 10-11 Abuse of Sick leave......................................................................................................................................................... 10-12 Proof of Illness/Injury ......................................................................................................................................................... 10-13 Sick Leave Donation Program for Catastrophic Circumstances ................................................................ 10-14 Rules of Sick Leave Donation Program ............................................................................................................... 10-14 Donation Guidelines ........................................................................................................................................................... 10-14 Donations are Voluntary .................................................................................................................................................. 10-15 Medical Termination ............................................................................................................................................................................. 10-15 Family Medical Leave Act and California Family Rights Act ...................................................................................... 10-16 Definitions ................................................................................................................................................................................................... 10-16 Covered Reasons for Leave ........................................................................................................................................ 10-22 Employee Eligibility .............................................................................................................................................................. 10-23 Parents Both Employed by the City ....................................................................................................................... 10-24 Amount of Leave ............................................................................................................................................................... 10-24 130
FMLA Coordination with CFRA and Other Leaves ........................................................................................ 10-25 City Designated FMLA/CFRA Leave ....................................................................................................................... 10-26 Cities and Employee’s Rights if Employee Requests Accrued Leave Without Mentioning FMLA/CFRA .................................................................................................................................................... 10-26 Maintenance of Benefits .................................................................................................................................................. 10-26 Job Restoration and Return to Work ..................................................................................................................... 10-28 Intermittent Leave and Reduced Work Schedules ........................................................................................... 10-28 Minimum Duration of Leave ......................................................................................................................................... 10-29 Procedure for Requesting Leave ...............................................................................................................................10-29 Procedure for Notice & Certification of Serious Health Condition ............................................................ 10-30 Deficiencies in Certification .............................................................................................................................................. 10-32 Second and Third Medical Opinions ....................................................................................................................... 10-33 Return to Work ................................................................................................................................................................... 10-34 Pregnancy Disability Leave .............................................................................................................................................................. 10-34 Eligibility and Leave Purposes ..................................................................................................................................... 10-34 Duration of Leave .............................................................................................................................................................. 10-35 Requirements Regarding the Use of Paid Leave ........................................................................................... 10-35 Notification Requirements ................................................................................................................................................. 10-36 Certification by Health Care Provider ....................................................................................................................... 10-36 Benefits, Transfers, Job Restoration and Return to Work while taking Pregnancy Disability Leave .............................................................................................................................................................................. 10-36 Domestic Violence Leave ................................................................................................................................................................. 10-37 Leave for Victims Of Domestic Violence, Sexual Assault, or Stalking to Obtain Restraining Orders or Injunctive Relief ..................................................................................................................................................................... 10-38 Crime Victim/Family Member Victims’ Rights Proceedings Leave.............................................................................. 10-38 131
Bereavement Leave ............................................................................................................................................................................. 10-39 Court Apperances ................................................................................................................................................................................. 10-39 Jury Duty .............................................................................................................................................................................. 10-39 Personal Court Appearances/Depositions ................................................................................................................ 10-40 Job-Related Court Appearances .................................................................................................................................. 10-40 Parental Participation Leave ............................................................................................................................................................. 10-40 Child Suspension Leave ................................................................................................................................................................... 10-41 Industrial Leave ....................................................................................................................................................................................... 10-42 Coordination of Benefits ................................................................................................................................................... 10-42 Accrual of Sick and Vacation Leave Continues While on Paid Leave .............................................. 10-42 Unpaid Leave and Continuation of Health Care Benefits ........................................................................... 10-42 Industrial Leave: Employees Covered by Labor Code Section 4850 ..................................................................... 10-43 Coordination of Benefits ................................................................................................................................................... 10-44 Paid Administrative Leave ................................................................................................................................................................ 10-43 Fitness for Duty ..................................................................................................................................................................................... 10-43 General Policy ...................................................................................................................................................................... 10-43 Role of Health Care Provider ..................................................................................................................................... 10-44 Results of the Fitness-for-Duty Exam ...................................................................................................................... 10-45 Confidentiality of Medical Information ........................................................................................................................ 10-45 Voting ..................................................................................................................................................................................................... 10-46 Military Leave of Absence ............................................................................................................................................................... 10-46 Leave Without Pay .............................................................................................................................................................................. 10-47 Unauthorized Absence From Work ............................................................................................................................................ 10-47 EMPLOYEE CONDUCT .............................................................................................................................. 11-1 Employee Conduct ................................................................................................................................................................................. 11-1 132
Personal Appearance ............................................................................................................................................................................ 11-1 Casual Friday .......................................................................................................................................................................... 11-1 Service of Process ................................................................................................................................................................................. 11-2 Off-Duty Social and Recreational Activities ................................................................................................................................ 11-2 Public Employees as Disaster Service Workers ................................................................................................................... 11-2 Smoking ....................................................................................................................................................................................................... 11-2 AB 846 Statewide Smoke-Free Entryway Law ................................................................................................... 11-3 EMPLOYEE RELATIONS ........................................................................................................................... 12-1 Employee Relations Philosophy ....................................................................................................................................................... 12-1 Employee Concerns .............................................................................................................................................................................. 12-1 Procedure ................................................................................................................................................................................ 12-1 Collective Risk Management Team (CRMT) ........................................................................................................................... 12-2 CRMT Activities ...................................................................................................................................................................... 12-2 Employee Grievance ............................................................................................................................................................................. 12-2 Reporting Time Limitation ................................................................................................................................................. 12-3 Informal Resolution Procedure ........................................................................................................................................ 12-3 Formal Grievance Procedure .......................................................................................................................................... 12-4 Written Grievance .................................................................................................................................................................. 12-4 Grievance Meeting ................................................................................................................................................................ 12-4 Appeal Process ...................................................................................................................................................................... 12-5 Timelines ................................................................................................................................................................................ 12-5 City Manager Decision....................................................................................................................................................... 12-5 Representation ......................................................................................................................................................................... 12-5 Freedom from Reprisal ...................................................................................................................................................... 12-6 EMPLOYEE DISCIPLINE ............................................................................................................................ 13-1 133
Disciplinary Action .................................................................................................................................................................................... 13-1 Causes for Disciplinary Action .......................................................................................................................................................... 13-1 Types of Disciplinary Action .............................................................................................................................................................. 13-5 Counseling ................................................................................................................................................................................ 13-5 Oral Reprimand ..................................................................................................................................................................... 13-5 Written Reprimand ................................................................................................................................................................ 13-6 Reduction-In-Pay ..................................................................................................................................................................... 13-6 Disciplinary Demotion ........................................................................................................................................................... 13-7 Suspension ............................................................................................................................................................................... 13-7 Termination ................................................................................................................................................................................ 13-7 Procedures for Taking Disciplinary Action .................................................................................................................................. 13-8 Investigation ............................................................................................................................................................................... 13-8 Notice of Proposed Disciplinary Action ..................................................................................................................... 13-8 Right to Respond - “Skelly” Process ........................................................................................................................ 13-8 Right of Appeal ................................................................................................................................................................... 13-11 Appeal Hearing ...................................................................................................................................................................................... 13-11 Scheduling the Hearing ..................................................................................................................................................................... 13-11 Conduct of Hearing ........................................................................................................................................................... 13-11 Failure of Employee to Appear at the Hearing ................................................................................................ 13-12 Representation ....................................................................................................................................................................... 13-12 Advisory Findings of the Hearing Officer .............................................................................................................. 13-12 Decision by the City Manager .................................................................................................................................... 13-12 No Retaliation ........................................................................................................................................................................ 13-12 Reimbursement ..................................................................................................................................................................... 13-13 RESIGNATION, LAYOFF, OR SEPARATION FROM CITY SERVICE ........................ 14-1 134
Types of Separation .............................................................................................................................................................................. 14-1 Resignation from City Service .......................................................................................................................................................... 14-1 Failure to Notify ..................................................................................................................................................................... 14-2 Use of Accrued Leaves ................................................................................................................................................... 14-2 Retirement from City Service ........................................................................................................................................................... 14-2 Termination - Disciplinary .................................................................................................................................................................... 14-2 Release of Probationary and Limited Term Part-Time and Limited Term Seasonal Employees.............. 14-3 Separation - Non-Disciplinary ............................................................................................................................................................. 14-3 Layoff – Reduction in Force ............................................................................................................................................................. 14-3 Return of City Property ....................................................................................................................................................................... 14-4 WORKPLACE SAFETY AND WORKPLACE VIOLENCE PREVENTION POLICIES15-1 Workplace Health and Safety .......................................................................................................................................................... 15-1 Employee Responsibilities .................................................................................................................................................................... 15-1 Supervisor/Manager Responsibilities ................................................................................................................................................ 15-1 Rules And Guidelines ........................................................................................................................................................................... 15-2 Mandatory Reporting Of Accidents And Injuries .................................................................................................................... 15-2 Reporting Requirements ....................................................................................................................................................................... 15-2 Reporting of Job-Related Injury ..................................................................................................................................... 15-3 Job-Related Industrial Injury or Disability (Workers’ Compensation) .............................................................................. 15-3 Workplace Violence Prevention Policy ......................................................................................................................................... 15-3 Prohibited Acts .......................................................................................................................................................................................... 15-4 Enforcement ................................................................................................................................................................................................ 15-6 Notification by Employees ................................................................................................................................................. 15-6 Investigation ............................................................................................................................................................................... 15-6 Steps to Provide Security ................................................................................................................................................ 15-6 135
City Response to Violation of Workplace Violence Policy ............................................................................. 15-7 Prevention ................................................................................................................................................................................ 15-7 HARASSMENT AND DISCRIMINATION PREVENTION POLICIES ................................ 16-1 Covered Individuals and Scope of Policy ................................................................................................................................. 16-2 Definitions ..................................................................................................................................................................................................... 16-2 Protected Classification ........................................................................................................................................................ 16-2 Discrimination ............................................................................................................................................................................ 16-2 Quid Pro Quo Harrasment ............................................................................................................................................. 16-4 Retaliation… ................................................................................................................................................................................ 16-4 Guidelines for Identifying Harassment ........................................................................................................................................... 16-5 Complaint Procedure ............................................................................................................................................................................. 16-6 Report and Investigation of Complaint ...................................................................................................................... 16-6 Proactive Approach .............................................................................................................................................................. 16-7 No Retaliation .......................................................................................................................................................................... 16-7 Option to Report to Outside Administrative Agencies ...................................................................................... 16-8 Confidentiality ............................................................................................................................................................................ 16-8 Responsibilities ......................................................................................................................................................................... 16-8 ALCOHOL AND DRUG POLICY .......................................................................................................... 17-1 Prohibited Acts ........................................................................................................................................................................ 17-1 Violations of Policy ............................................................................................................................................................... 17-2 Notification of Impairment .................................................................................................................................................. 17-2 Reporting By Employees .................................................................................................................................................. 17-3 Reasonable Accommodation ........................................................................................................................................... 17-3 Alcohol and Drug Testing .................................................................................................................................................................. 17-4 Drug and Alcohol Testing for Applicants for Employment ............................................................................ 17-4 136
Reasonable Suspicion Testing of Current Employees...................................................................................... 17-4 Positive Test Result ............................................................................................................................................................. 17-5 Testing Employees who have a Commercial Drivers License ................................................................... 17-6 Investigations, Searches, No Expectation of Privacy on City Property ...................................................................... 17-6

CITY RECORDS, COMMUNICATION SYSTEMS, AND REQUESTS FOR
INFORMATION .................................................................................................................................................. 18-1 City Records and Requests For Information ........................................................................................................................... 18-1 Public Records Act Requests .......................................................................................................................................................... 18-1 Media Requests ....................................................................................................................................................................................... 18-1 Legal Service and Requests for Information ........................................................................................................................... 18-1 Outside Inquiries Concerning Employees ................................................................................................................................... 18-2 Personnel Records ................................................................................................................................................................................. 18-2 Personnel Files ....................................................................................................................................................................... 18-2 Confidential Medical Records .......................................................................................................................................... 18-2 Employee Access to Personnel Files ....................................................................................................................... 18-3 Notification of Changes By Employees ...................................................................................................................................... 18-4 City Equipment and Resources ...................................................................................................................................................... 18-4 Policy and Applicablity ........................................................................................................................................................ 18-4 Agency Equipment or Resources ................................................................................................................................ 18-4 De Minimis Use .................................................................................................................................................................... 18-5 No Expectation of Privacy ............................................................................................................................................... 18-5 Appropriate Use ..................................................................................................................................................................... 18-5 Employee Cell Phone Usage ........................................................................................................................................ 18-6 Off Duty Use of Non-City Owned Technology Policy .................................................................................... 18-7 Electronic Public Records ................................................................................................................................................................... 18-7 137
EMPLOYEE CONFLICT OF INTEREST ........................................................................................... 19-1 Purpose ....................................................................................................................................................................................................... 19-1 Conflicts of Interest and Gifts ........................................................................................................................................................... 19-1 Conflicts of Interest Under Government Code Section 1090 ....................................................................... 19-2 Conflicts of Interest Under the Political Reform Act (Government Code section 87100 et seq.)19-2 Gifts and Gratuities .............................................................................................................................................................. 19-3 Statement of Economic Interest .................................................................................................................................... 19-4 Incompatible Activities .......................................................................................................................................................... 19-4 Use of Public Property ........................................................................................................................................................................ 19-4 Political Activities ....................................................................................................................................................................................... 19-4 Outside Business or Employment ................................................................................................................................................. 19-5 Annual Approval Required ............................................................................................................................................... 19-5 Changes in Outside Employment Status ................................................................................................................ 19-5 Revocation/Suspension of Outside Employment Authorization....................................................................... 19-6 Violations Subject to Discipline....................................................................................................................................... 19-6 MISCELLANEOUS ........................................................................................................................................... 20-1 Policy Regarding Vehicle Use ......................................................................................................................................................... 20-1 Use of City Vehicles .......................................................................................................................................................... 20-1 Use of Personal Vehicles ................................................................................................................................................ 20-1 Uniforms and Safety Shoes ............................................................................................................................................................. 20-3 REASONABLE ACCOMMODATION AND INTERACTIVE PROCESS .......................... 21-1 Reasonable Medical Documentation of Disability ................................................................................................. 21-1 Medical Certification Indicating the Need for Reasonable Accommodation or Transfer Due to Pregnancy or Related Conditions ......................................................................................................... 21-2 When to Initiate the Interactive Process .................................................................................................................. 21-2 138
Interactive Communication ................................................................................................................................................. 21-3 Potential Accommodations for Applicants or Employees with Disabilities ............................................... 21-3 Potential Accommodations for Applicants or Employees with Disabilities ............................................... 21-4 Potential Accommodations for Employee-Victims of Domestic Violence, Sexual Assault, or Stalking ................................................................................................................................................................................ 21-5 Potential Accommodations for Religious Creed, Religious Dress Practice, or Religious Grooming Practice ................................................................................................................................................................ 21-6 Determination ........................................................................................................................................................................... 21-6 139
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Introduction & Purpose of
Personnel Manual
The City of Oakley (hereinafter “City”) has prepared this Personnel Manual to familiarize its employees with City policies, benefits and rules, as well as the privileges and responsibilities of City employment. It is important that all employees read, understand and follow the provisions of the Manual to make the City work environment as positive and productive as possible. Please feel free to contact the City’s Human Resources Division, or the City Manager, with any questions.

The City strives to improve its policies and services and employees are encouraged to suggest improvements. By working together, the City hopes to instill a sense of individual and organizational pride that shows in the work, products and services that we provide to the community.

1.1 MISSION AND VALUES STATEMENT
The City exists to build and enhance a quality community and to serve the public in a friendly, efficient and responsive manner. The City values:

Honesty and Integrity
Quality Customer Service
Community Input and a Proactive Approach to solving community issues A Positive and Encouraging Environment
Teamwork
Professionalism
Fiscal Responsibility
All employees are committed to be polite, professional and progressive. 140
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1.2 HUMAN RESOURCES DIVISION
The City’s Human Resources Division, designated by the City Manager, provides employees with information and assistance in understanding the City’s personnel policies and procedures. The Human Resources Division is the best place for employees to obtain current information on work rules, benefits, personnel policies and procedures, payroll data, personnel records, insurance, job opportunities, and training. Human Resources personnel are also responsible for maintaining complete and up-to-date personnel records for all current employees.

1.3 DISCLAIMER
This Manual describes important City policies, procedures, practices, and benefits and is intended to acquaint employees with the privileges and responsibilities of City employment. However, it is not a legal document and does not constitute or create any expressed or implied contractual obligations between the City and its employees.

1.4 ACCEPTANCE OF EMPLOYMENT
As a condition of employment, each employee agrees to be governed by and to comply with the provisions of the Personnel Manual, all City ordinances and the rules, regulations and directives of the City department in which the employee is assigned and other official rules, policies, practices and procedures of the City applicable to the employee. Each employee is required to sign a statement of receipt acknowledging that:
(a) he or she has received a copy, or has been provided access to this Manual; and (b) understands that he or she is responsible to read and become familiar with the contents and any revisions to this Manual.

1.5 APPLICABILITY
Except as indicated, the provisions in this Personnel Manual shall apply to all officers and employees of the City, except for the City Council. Independent contractors 141
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and volunteers are not officers or employees. By separate employment agreement, the City Council may provide alternate personnel rules for the City Manager and City Attorney.

1.6 PERSONNEL OFFICER
The City Manager is authorized by the City Council to implement these policies and procedures. The City Manager is designated as the Personnel Officer and has the authority to:

1. Act as the appointing authority for the City as to all employees, except the City Attorney and her/his staff

2. Prepare and recommend to the City Council personnel rules and revisions and amendments to such rules

3. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the City Council

4. Maintain a classification plan, including class specifications and periodic revisions to the plan

5. Maintain a compensation plan, including ranges for pay increases within classifications

6. Provide increases in compensation for employees as set forth in the compensation plan approved by the City Council

7. Discipline employees in accordance with the personnel rules

8. Delegate any of the powers and duties of this Manual to a staff member or any other officer or employee of the City or to recommend that such powers and duties be performed under contract

1.7 DEPARTMENT/DIVISION RULES AND REGULATIONS
Department Directors/Division Managers may develop, implement and revise as necessary any departmental policies, procedures, rules and regulations required by unique 142
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operational requirements and their effect upon department/division personnel as needed for the full performance of duties and responsibilities and which are not contrary to this Personnel Manual, the City's ordinances and administrative policies, other official rules, policies and procedures of the City, state and/or federal law, or direction of the City Manager. All departmental policies, procedures, rules and regulations must be approved by the City Manager, or designee.

1.8 APPROVAL OF AND AMENDMENT TO PERSONNEL MANUAL
This Manual and any amendments thereto shall be approved by City Council resolution. The City retains the full discretion to modify this Manual, and the Policies and Procedures contained within this Manual, at any time, and in accordance with law.

1.9 RIGHTS OF MANAGEMENT
The approval of this Personnel Manual shall not be deemed a waiver or surrender of any management prerogative. Management rights are defined in Section 2 and outlined throughout this Manual, and any applicable Memorandum of Understanding (“MOU”) with any City bargaining group.

1.10 VIOLATION OF PERSONNEL RULES
Each employee is responsible for knowledge of and compliance with the provisions of the Personnel Manual and any amendments hereto. Violation of any provision of this Personnel Manual shall be grounds for disciplinary action, up to and including termination.

DEFINITIONS
The following terms, whenever used in this Manual, unless otherwise specified, shall be defined as follows:

Advancement: A pay increase within the limits of the salary range established for a classification.
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Applicant: A person who has filed an application for an employment position.

Appointment: The offer to and acceptance by a person of a position in the City service in accordance with the provisions of this Manual.

Appointing Authority: The City Manager is designated as having the power to make appointments to any position to be filled in any City Department/Division, and to perform those duties and obligations set forth under the duties of the Personnel Officer in Section

1. At-Will Employee: Employment with the City that may be terminated with or without cause and with or without notice, or right to pre- or post-disciplinary due process or evidentiary appeal. The employee serves at the pleasure of the City Manager, who retains the authority to terminate any such employee at any time. At-will employees have no property interest, expressed or implied, in the positions to which they are appointed. An “at will” employee has no right of appeal of discipline or termination. Nothing in this Manual or in any document or statement shall limit the right to terminate an at-will employee.

Authorized Position: A full-time position authorized by the City Council.

Budgeted Position: An authorized full-time position for which funds are appropriated.

Candidate: Any person who has been accepted for participation in an examination.

City: The City of Oakley, California; to also include the Successor Agency to the Oakley Redevelopment Agency and the Oakley Public Financing Authority, and any other governing body in which the City Council of the City of Oakley serves as the majority membership of the governing board, unless specifically excluded in this Manual.

Classification Plan: A list of titles of the classes of all regular positions in the City service, including a written specification of each class title and general description of the 144
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work to be performed by each class, a summary statement of duties and responsibilities for each class, and desirable qualifications for appointment.

Classified Service: All positions in the City service except the following: Elected Officials, the City Manager, the Assistant City Manager, the Assistant to the City Manager, the City Attorney, all Department Directors/Division Managers (as defined herein), all LimitedTerm positions, and any other employee hired as “at-will.” Collective Risk Management Team (CRMT): A group of at least three employees appointed by the City Manager to be available to review, investigate, and evaluate, as a team, any workplace liability risk or wrongdoing, such as employee safety, theft, harassment, discrimination, etc. The CRMT will recommend to the City Manager appropriate corrective courses of action.

Compensation Policy: Policy adopted by the City Council that sets the salary ranges for each job position; and sets forth the process and procedure for adjustments of the salary ranges, benefits and movement within the salary ranges.

Continuous Service: Service without an unauthorized break during the period for which the employee has been employed by the City. An unauthorized break in continuous service shall be construed as a deliberate severance of employment initiated by either the City or the employee for a period of more than three (3) working days, unless otherwise provided by law.

Council: The City Council of the City of Oakley, California.

Days: Calendar days, unless otherwise stated.

Demotion: The movement of an employee from one class to another class having a lower salary range.

Department Director: The Director, or Lead Staff Person of a City Department or Division, or other manager who reports directly to the City Manager – all serve “at-will.” 145
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Other employees that report directly to the City Manager serve "at-will” pursuant to job description, job offer letter and/or employment agreement.

Dismissal or Discharge: The termination of an employee’s employment with the City, usually for disciplinary reasons. At-will employees may be released from employment for any reason, whether disciplinary or not.

Division Manager: see Department Director.

Domestic Partners: Two adults who have satisfied all requirements of domestic partnership under the California Family Code.

Elected Official: A person currently a member of the City Council.

Eligible: A person who has earned a place on an active eligibility employment list established by a competitive examination.

Employee:A person who performs services for the City in the Classified, Limited, or Unclassified Service.

Exempt Employee: An employee who meets the qualifications for exemption from overtime compensation established by federal law.

Full-Time Position: Appointment to a position in which the employee typically works forty (40) hours per work week.

Grievance: An alleged violation, misinterpretation, improper application or non-compliance with the Personnel Manual, or other official City policies or departmental rules, affecting the status or working conditions of City employees, filed by one or more employees.

Human Resources Division: The staff designated by the City Manager to provide employment and benefit information, administer recruitments, safety and wellness programs, and other duties as assigned.

Job Description: A written statement of the general duties of a classification and the minimum qualifications required to perform them.
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Immediate Family Member: Includes individuals who are related by blood, marriage or adoption with the following relationships: spouse, domestic partner, child, child of a domestic partner, step-children, parent, step-parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, first cousin, parent-in-law, daughter-inlaw, son-in-law, brother-in-law and sister-in-law. A spouse is a partner in marriage as defined in California Civil Code 4100.

Layoff: The non-disciplinary separation of an employee because of a material change in organization, or shortage of work or funds, or for other business reasons as determined by the City Council. Layoff is action taken as a management prerogative and is without fault of the employee.

Leave: Absence, with or without pay, by an employee from work.

Authorized leave: Absence from work with prior approval from the supervisor or the Department Director and for which an employee will use accrued and available leave.

Employees who do not have sufficient leave accruals, including eligibility for statutory leaves, to cover her/his absences shall not be granted authorized leave except for good cause.

Unauthorized leave: Absence from work without prior approval from the supervisor or the Department Director.

Limited Term Part-Time: A specifically budgeted position that is not a Part-Time Regular or Full-Time position. Limited Term Part-Time employees work less than Part-Time Regular and Full-Time employees, typically less than twenty (20) hours per week and not more than 960 hours in any fiscal year (includes all time spent in one or more positions).

Limited Term Part-Time employees are paid for time worked on an hourly basis. Positions assigned as Limited Term Part-Time include, but are not limited to: Administrative Assistant, Accounting Assistant, Public Works Receptionist, Senior Recreation Leader, and 147
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Management Analyst. Limited Term employees serve “at-will” and may be terminated at any time with or without cause and without right of appeal. They have no property interest, express or implied in the position. The only benefits provided to Limited Term Part-Time employees are those required by law.

Limited Term Seasonal: A position that is not a budgeted Part-Time Regular or FullTime position, but rather has a specific term or seasonal purpose (limited to not more than 960 hours in any fiscal year). Limited Term Seasonal employees are paid for time worked on an hourly basis. Positions assigned as Limited Term Seasonal include, but are not limited to, hourly, temporary, intermittent positons, such as Recreation Aide, Recreation Leader, Seasonal Parks and Landscape Maintenance Laborer, Streets Laborer, Sports Field Maintenance Laborer, student, project, intern, some contract positions, and emergency positions. Limited Term Seasonal employees serve “at–will” and may be terminated at any time with or without cause and without right of appeal. They have no property interest, express or implied, in the position. The only benefits provided to Limited Term Part-Time Seasonal employees are those required by law.

Management Rights: The City of Oakley retains the exclusive right, except as expressly stated herein, to operate and direct the affairs of the departments of City government and all of their various aspects, including, but not limited to the right to direct the work force; to plan, direct and control all of the operations and services of the City; to determine the methods, means, organization and schedule by which such operations and services are to be conducted; to assign and transfer employees within the various departments to hire, promote, suspend, demote, discharge, reprimand, and evaluate employees; to relieve employees from duty due to lack of work or other legitimate reasons set forth in the City reduction-in-force policy; to change or eliminate existing methods, equipment, or facilities in order to maintain or increase the efficiency of 148
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governmental operations; and to exercise complete control and discretion over its organization and the technology of performing its work.

These Management Rights also include, but are not limited to, the following:

1. To determine the mission of its departments, commissions and boards and to determine issues of policy;

2. To set standards of service to be offered to the public;

3. To exercise control and discretion over its own organization and operations;

4. To determine methods of financing;

5. To determine the methods, means, number and kind of personnel by which its operations are to be conducted, including the right to contract or subcontract work or City functions and to determine workloads and staffing patterns;

6. To prescribe qualifications for employment, selection procedures and standards, job classifications, and to reclassify employees in accordance with applicable resolutions, rules and ordinances of the City;

7. To administer the City's personnel system; to reclassify positions; to amend the Compensation Policy; and, to add or delete position or classes;

8. To issue reasonable employee performance standards and to require compliance therewith;

9. To maintain order, efficiency, and safety in its facilities and operations.

Nothing herein shall not be deemed a waiver or surrender of any management prerogative.

Nepotism Policy: Policy prohibiting the hire or promotion of individuals who are related by blood, marriage or adoption to a member of the City Council, to a member of the Planning Commission, the City Manager, the City Attorney, or any person exercising appointing authority, or would have or are likely to have in the future any supervisory authority over such individuals. This prohibition includes the following relationships: spouse, 149
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domestic partner, child, step-children, parent, step-parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, first cousin, parent-in-law, daughter-in-law, son-in-law, brother-in-law and sister-in-law. A spouse is a partner in marriage as defined in California Civil Code 4100.

Outside Employment: Any employment, activity or enterprise outside of an employee’s normal City working hours wherein the employee is compensated for specific hours or duties on a regular basis. Outside employment does not include sporadic employment or occasional employment unless the employee is required to perform work related to her/his position with the City or utilize any City owned/controlled facilities, equipment, information, records, supplies, and/or uniforms.

Overtime: Hours worked in excess of forty (40) during the workweek, with prior Department Director approval, are compensable as overtime. Overtime shall be compensated in increments of 15 minutes at a rate of time and one-half. Time within any 15 minute increment shall be rounded off, with 0-6 minutes adjusting back to the preceding increment and 7-15 minutes adjusting forward to the next increment. Therefore, Overtime Eligible: Employees who are designated by the City as non-exempt pursuant to the Fair Labor Standards Act (FLSA). Such employees are eligible to receive overtime, with prior Department Director approval. FLSA exempt employees are not eligible for overtime.

Part-Time Regular: A person appointed to an authorized and specifically budgeted position who is scheduled to work at least 20 but less than 40 hours per week, or at least 1,040 hours but less than 2,080 hours per year in a job-share or continued part-time work schedule and who has successfully completed the probationary period. A Part-Time Regular employee occupies an authorized budgeted position and may be eligible for prorated benefits. 150
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Personnel Officer: The City Manager or someone appointed by him/her to act in that position.

Promotion: The movement of an employee from one classification to another classification having a higher maximum rate of pay.

Personnel Action: Any action taken with reference to appointment, compensation, classification, leave of absence, disciplinary action, separation, or termination.

Personnel Ordinance: Oakley Municipal Code Title 2, Chapter 3 which creates a personnel system for the City and which the City Council from time to time may amend.

Position: A group of duties and responsibilities requiring employment of one person.

Probationary Period: A trial “at-will” period of one (1) year after date of appointment, or date of promotion, during which an employee is required to demonstrate her/his fitness to perform the actual duties required of a specific position. The probationary period is an integral part of the examination of an individual, and the City will use the employee’s probationary period to evaluate the employee’s conduct, performance, attitude, adaptability, job knowledge and adherence to the polices found within this Personnel Manual. During the probationary period, a probationary employee serves at the pleasure of the City, has no property right in continued employment, and has no right of appeal of discipline or termination, and is an at-will employee. The City Manager may extend the probationary period up to an additional six (6) months, in his/ her sole discretion. At-will employees do not have a formal probationary period and remain at-will during their tenure as employees.

Reclassification: The change in the assignment of a position from one existing class to a new class or another existing class.
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Regular Day Off (RDO): The scheduled day off (the first and third Fridays) following eight nine hours days and one eight hour days in two weeks, stemming from the modified 9/80 schedule
Regular Full-time Employee: A person appointed to a regular position with the City who is scheduled to work five (5) days and forty (40), or more, hours per week, or other comparable full-time work schedule and who has successfully completed the probationary period. A regular full-time employee occupies an authorized budgeted position.

Reinstatement: The appointment, without examination, of either a former regular employee who resigned in good standing not more than one (1) year previously, or the return from a non-disciplinary demotion of an employee to a classification in which status was held not more than one (1) year previously. A reinstated employee must begin a new probationary period upon reinstatement.

Resignation: Resignation is a voluntary separation from the City with either verbal or written notice on the part of the employee. It is expected that employees will give at least two (2) weeks’ notice of resignation, preferably in writing. If employee gives verbal notice of resignation, the supervisor or the City Manager will acknowledge and accept the resignation in writing. Notice of resignation shall be final and may only be rescinded with approval of the City Manager.

Retirement:

Service Retirement: The voluntary separation and concurrent retirement of a regular employee after becoming eligible for retirement benefits.

Disability Retirement: The separation and concurrent retirement of a regular employee due to physical or mental inability to perform the duties of the position. 152
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Non-industrial disability means the disability need not be job-related. Industrial disability means the disabling injury or illness is work-incurred or job-related.

Salary Range: The minimum and maximum salary that is assigned to a job position.

Salary ranges for full-time employees are set by the City Council.

Suspension: An involuntary absence from duty without pay imposed for disciplinary purposes.

Termination: The separation of an employee from City service, either voluntarily or involuntarily.

Time Sheet: The document on which an employee’s actual hours worked and absences from work are recorded.

Transfer: A change of an employee from one position to another position in the same class or in a comparable class.

Unclassified Service: Positions that are not part of the Classified Service and in which there is no property interest. The Unclassified Service includes the City Manager, City Attorney, Assistant City Manager, all Department Directors, and Limited Term Part-Time, Limited Term Seasonal positions and any employees hired at-will. Employees serving in the Unclassified Service do so in an “at-will” status and employment may end at the lawful request of either the employee or the City.

Vacancy: An authorized position that is not occupied.

Work Week: The workweek for non-exempt City employees shall be from 12:01 p.m.

Friday through the following Friday 11:59 a.m., unless otherwise designated in writing by the Department Director with approval of the City Manager. 153
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Classifications of Positions

3.1 CLASSIFICATION PLAN
The City Manager maintains a classification plan, authorized by the City Council, which arranges every regular employment position in the City into classes with titles and job specifications, duties and responsibilities for each class. The classification plan and all future amendments must be approved and adopted by the City Council. The City Council reserves the right to eliminate classifications or staffed positions with at least fifteen (15) business days’ notice to any affected employee.

3.2 RECLASSIFICATION
The City Manager may initiate a job audit to determine whether the duties of a position have changed to such an extent that they necessitate reclassification of the position from the existing classification to a more appropriate classification. Upon completion of the job audit, the City Manager shall make a recommendation regarding reclassification to the City Council.

3.3 TYPES OF EMPLOYEES
Management Employees
Management Employees, including Department Directors and other designated positions with significant responsibilities and that report to the City Manager are “at-will” and these employees can be terminated with or without cause and without the right of appeal. Management Employees are paid on a salary basis and are exempt from overtime provisions pursuant to FLSA guidelines.

Probationary Employees
Probationary employees are not regular employees and are still being evaluated as part of the testing process for the position. Probationary employees are “at-will” and can be released from employment during the probationary period with or without notice 154
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or cause and without the right of appeal. Probationary employees serve a probation period either at the outset of initial employment with the City or at the outset of a promotion to a higher position. The probationary period for the City is one (1) year.

Regular Full-Time Employees
Regular full-time employees are employees who, upon the recommendation by the Department Director and approval by the City Manager, have successfully passed probation and are employed in a budgeted position with an indefinite term, regularly scheduled to work full-time hours (5 days and 40 (or more) hours per week). within the classified service. Non-management, regular full-time employees can only be subject to certain types of disciplinary action that result in a deprivation of property for cause and may utilize the disciplinary appeal process outlined in this Manual. Management, regular fulltime employees can be released from employment with or without notice or cause and without the right of appeal.

Regular Part-Time Employees
Regular part-time employees are employees who have successfully passed probation and hold a regular position in the classified service, but work between 20-40 hours per week. Regular part-time employees may hold either management or non-management positions. Non-management, regular part-time employees can only be disciplined or terminated for cause and may utilize the disciplinary appeal process outlined in this Manual. Management, regular part-time employees can be released from employment with or without notice or cause and without the right of appeal. Depending on the position, at the discretion of the City Manager, part-time employees may be eligible to receive pro-rated benefits for their position based on the number of hours worked.

Employees working nineteen (19) hours or less per week shall not receive prorated benefits.
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Limited Term Employees
Volunteers
Individuals who agree to provide specified services to the City for civic or philanthropic reasons on a strictly voluntary basis for no pay or other compensation, other than nominal fees and reimbursement of expenses. A volunteer serves at-will and at the pleasure of the City, has no property right in continued service or in employment, and has no right to any pre- or post-disciplinary procedural due process or evidentiary appeal. Unpaid interns are considered volunteers.

Independent Consultants/Contractors
An independent contractor is not an employee, and serves solely pursuant to a contract to perform specified services for the City that has been formed and approved as required by City purchasing policies and procedures. . These individuals are not City employees and are subject to the terms and conditions in their contracts with the City and have no employment rights with the City. An independent contractor cannot be used to perform any part of the City’s regular and customary work. 156
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Recruitment and Selection of
Employees

4.1 ADMINISTRATION
The City is committed to administering a fair and equitable recruitment and selection process for hiring new employees and promoting current employees. Vacancies that occur shall be filled by competitive process. This process shall include appropriate posting and notice of the vacancy, review of the qualifications of each applicant based upon the education, training, characteristics, skills, knowledge, abilities required, and establishment of a list of eligible candidates (“finalists”). As the appointing authority for the City, the City Manager shall review the list of finalists for each position and approve the final appointment of an applicant.

4.2 ANNOUNCEMENT OF VACANCIES
The recruitment announcement for vacant positions shall specify the position; title; salary range; nature of the work to be performed and essential job duties of the position; the minimum qualifications required for the job; the time, place and manner of making an application; a statement of the employment status of the position – for cause or at will; and any other pertinent information, including who to contact in the event that reasonable accommodation may be needed during the application process. In addition, if any medical examination and/or drug screen will be required following a conditional offer of employment, the recruitment announcement will include the type of examination and, if known, the time and place of the examination.

When the City seeks only promotional candidates, distributions will be limited to internal sources. Additionally, when distribution of a job announcement would detrimentally delay the filling of a position the City, in its sole discretion, may opt to fill the position temporarily from immediately available sources. At the City Manager’s discretion, an 157
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employment list may be maintained and may be utilized to fill vacant positions. Eligible persons would be those who meet minimum qualifications and originally applied through a competitive process. The eligibility list will expire within nine (9) months.

4.3 APPLICATIONS
An applicant for a position must submit an employment application as determined by the City. Job applications shall require information describing an individual’s training, experience, and other pertinent information as deemed necessary to assess qualifications for the job. Applicants may be required to provide supplementary information, including but not limited to: answers to job-related questions; resume; licenses; certifications; diplomas; letters of recommendation; and references. All applications must be completed in full and signed by the person applying. The City will not process any application which is not fully completed and signed.

Once submitted, the application will become an official record of the City and will not be returned. The City Manager, or designee, shall review all applications for completeness and will make final determination of the applicant’s qualifications. Whenever an applicant is rejected, disqualified, or not selected for any reason, the applicant shall be notified in writing within a reasonable period. The City Manager may extend or reopen the time for filing applications.

Should an applicant be appointed to a position, the application and supplemental information shall become part of the individual’s permanent employment records.

4.4 DISQUALIFICATION OF APPLICATIONS
The City Manager or designee may reject any application which is not properly completed or incomplete; received after the application deadline; or indicates that the applicant does not meet the minimum qualifications for the position. Whenever an application is rejected, notice of such rejection shall be mailed or emailed to the applicant. 158
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4.5 COMPETITIVE SELECTION PROCESS
The City shall use a competitive testing and selection process designed to determine the applicants with the best qualifications to perform the job. The content of any tests or examinations will be kept confidential prior to the administration of the examination. An eligibility list will be established of all qualified candidates who successfully pass the testing and selection process and are deemed the finalists for the position. The City Manager shall approve the final appointment of an applicant to a position.

4.6 EMPLOYMENT CONDITIONS

1. United States Citizenship
All employees of the City, except as otherwise provided by the laws of the State of California, must be citizens of the United States or authorized to work in the United States.

2. Physical Examination
The City of Oakley may require an employee to submit to an independent medical examination by a doctor selected by the City of Oakley to determine an employee’s fitness for duty. Human Resources Division will maintain a list of the applicable classifications. At the City Manager’s discretion, other classifications may also be required to undergo a physical examination.

3. Background Check
Prior to employment, all candidates who the City determines meet the minimum qualifications are subject to a background investigation. For some classifications this which may include a criminal background check consisting of fingerprinting and law enforcement records being checked for past criminal convictions, except for misdemeanor marijuanarelated convictions that are over two years old, or convictions that have been judicially 159
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sealed, eradicated or expunged. The extent of the investigation varies by classification and type of appointment, and inquiry is limited to collection of the job-related information necessary to make an employment decision. Any information thus obtained shall be confidential. Employment of or the continuation of service of employees with a criminal conviction must have the approval of the City Manager.

4.7 REASONABLE ACCOMMODATION FOR DISABILITIES
In accordance with applicable Federal and State laws, the City will attempt to accommodate reasonably qualified individuals with disabilities unless doing so would create an undue hardship on the City. Any qualified applicant or employee with a physical or mental disability who requires an accommodation in the testing and/or selection process or in order to perform the essential functions of the job should contact the Human Resources Division and request an accommodation. Following receipt of a request for accommodation, the City Manager, or designee, may require additional information, such as reasonable documentation of the existence of a disability. With any such request, the City will follow its Reasonable Accommodation/Interactive Process policy contained in this Manual.

4.8 DRIVER’S LICENSES
All employees who are required to operate a City vehicle or operate City equipment shall be required to maintain a valid California Driver’s License in the proper classification and with the proper endorsement (for example, a Recreation Supervisor responsible for transporting passengers must maintain a valid Class B license with passenger endorsement). All employees who may be assigned work entailing the operation of a City vehicle will be required to submit to a Department of Motor Vehicles driving records check as a condition of employment. The Human Resources Division shall process such checks.
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4.9 EMPLOYER PULL NOTICE PROGRAM
The City participates in the Department of Motor Vehicles Employer Pull Notice Program. The purpose of the program is to provide the City with a means of promoting driver safety through the ongoing review of driver records. All records are maintained by the Human Resources Division and are strictly confidential.

A report indicating a suspended or revoked license status or indicating an unsafe driving record may be cause to deny or terminate employment. Any employee who does not hold a valid driver’s license will not be allowed to operate a City vehicle until she/he obtains a valid license, and may be subject to disciplinary action. Any employee performing work, which requires the operation of a City vehicle, must notify her/his immediate supervisor in those cases where her/his license is expired, suspended, or revoked and/or who is unable to obtain an occupational permit from the Department of Motor Vehicles. Any employee who fails to report such revocation or suspension to her/his supervisor and continues to operate a City vehicle shall be subject to the full range of disciplinary action, up to and including termination from employment. Any employee whose job specification requires him/her to have a valid driver’s license in order to fulfill the requirements of the position may be subject to disciplinary action, up to and including termination, for inability to obtain a valid license due to suspension or revocation of the license.

4.10 OTHER TYPES OF APPOINTMENTS
A vacant position may be filled from an original appointment, temporary appointment, reinstatement, transfer, promotion, or demotion.

4.10.1 Transfer
A transfer is the appointment of a person from one classification to another which is equivalent to that of the classification held prior to the transfer, and/or from one 161
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department or division to another, upon approval of the City Manager and the affected Department Directors/Division Managers. A transfer of a regular employee from a position in one classification in the Classified Service to a position in another classification having related duties and responsibilities as determined by the City Manager and the same salary range, shall assume regular status in the classification to which assigned and may be required to serve a probationary period at the discretion of the City Manager. All other employees transferred to a position in the Classified Service shall serve a probationary period as set forth in this Manual.

4.10.2 Promotion
The appointment of any employee to a position, other than special assignment, in a classification, which has a higher maximum rate of pay than the employee’s present position, constitutes a promotion. Advancement from level I to level II of a classification is also deemed a promotion. In all cases, such promotion will be at the recommendation of the Department Director and upon approval of the City Manager, with confirmation that the expenditure created by such promotion is covered by the department budget. If not, the request for a budget adjustment will be presented to the City Council for consideration.

The promoted employee's new anniversary date shall be the effective date of the promotion. Unless extended or otherwise stated, an employee who has been promoted to a position in the classified service must successfully complete a one (1) year probationary period in the new position in order to attain regular employment status in such position. A regular part-time or full-time employee who is rejected during the probationary period from a position to which she/he has been promoted, may be reinstated to a position in the classification from which she/he was promoted if a vacancy in such 162
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a classification exists and unless the employee is terminated from City service as provided for in this Manual.

4.10.3 Demotion
A demotion is the appointment of a person to a classification having a lower maximum rate of pay. An employee may be demoted at her/his request, or because of a reduction in force, for disciplinary reasons, because of organizational restructuring, or for other reasons. Before a non-disciplinary demotion is considered effective, such action requires approval of the City Manager. Disciplinary demotions shall be imposed pursuant to the provisions in this Manual which address disciplinary actions. For a disciplinary demotion, a new anniversary date shall be established as of the effective date of demotion. For a non-disciplinary demotion, the employee’s previous anniversary date shall be retained. If the demotion involves an employee with regular status in her/his position at the time of demotion, then the demoted employee shall assume regular status in the classification to which she/he is demoted.

4.10.4 Acting/Interim Position
Employees directed to work in a vacant higher level regular position may receive a temporary salary increase to the beginning of the salary range of the higherlevel position, or at least a 5% temporary increase in pay, whichever is greater, when the employee serves in the higher level position in excess of 20 workdays. The increase does not apply to an employee who does not serve at least 20 workdays in the higher level position, but all employees who serve in an acting position for at least 20 workdays shall receive acting pay. Such increase shall be paid as if the assignment had been a promotion retroactive to the first day of such assignment. For purposes of this Manual, a vacant position is defined as an authorized regular position that is unoccupied due to attrition or due to the incumbent being on an extended leave of absence. The City 163
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Manager must approve requests for higher compensation. The City Manager may only approve such requests upon certification that the assigned employee meets the minimum training and experience guidelines for the position and is held responsible to perform fully the scope of duties that are outlined in the job description of the higher-level position. Assignment rotations among qualified staff are encouraged unless such rotations would considerably disrupt the operations of the department/division(s).

4.11 MARITAL STATUS AND IMMEDIATE FAMILY
It is the City’s policy not to discriminate against employees based on marital status. The City retains the right to:

1. Refuse to place one spouse or immediate family member under the direct or indirect supervision of the other spouse or immediate family member in that the placement has the potential for creating an adverse impact on supervision, safety, security, or morale.

2. Refuse to place spouses or immediate family members in the same department, division or facility in that it has the potential for creating an adverse impact on supervision, safety, security or morale, or potential conflicts of interest. “Immediate family member” is defined in the definitions section of this Manual.

4.11.1 Anti-Nepotism Policy
The City prohibits the hiring or promotion of individuals who are related by blood, marriage, or adoption to a member of the City Council, to a member of the Planning Commission, the City Manager, the City Attorney, or any person exercising appointing authority, or could have supervisory authority over such individuals. This prohibition includes the immediate family members as defined in this Manual. 164
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4.11.2 Marriage of Co-Employees
If employees marry or become domestic partners, or an employment relationship listed above is created by any other means, the City shall make reasonable efforts to assign job duties to minimize problems of supervision, safety, security, morale, or potential conflicts of interest. Should reasonable efforts to assign job duties to minimize such problems fail, one of the following must occur:

The City Manager or designee will attempt to arrange a transfer to a similar position in another department, division, or facility for one of the employees, usually the one in the junior classification. While the wishes of the involved parties will be considered, the controlling factors in determining which relative shall be transferred shall be the positive operation, efficiency, and needs of the City. There can be no guarantee that the new position will be within the same classification or at the same salary level; OR One of the employees must be separated from City employment if a transfer or demotion is not available. If one of the employees does not voluntarily resign, the City Manager may dismiss one employee and retain the other based on the best interest of the City. Neither the transfer of an employee nor the separation from service of an employee or any other decision implemented pursuant to this policy shall be subject to any administrative appeal or the grievance procedures.

4.12 EMPLOYMENT INCENTIVES
In the process of recruitment, selection, and retention, the City may consider various employment incentives. In no case, however, shall the City offer or authorize loans for real property or for any type of equity share agreements for real property to potential or existing City employees.
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Equal Employment Opportunity
The City is committed to providing equal opportunity in all of its employment practices, including selection, hiring, promotion, transfer, training, discipline, termination, and compensation to all qualified applicants and employees. The City prohibits discrimination on the basis of race/color, national origin/ancestry, sex (including gender, gender identity, and gender expression), religious creed (including all aspects of religious belief, observance, and practice, including religious dress and grooming), age, mental or physical disability, veteran status, medical condition, marital status or status as a registered domestic partner, sexual orientation, citizenship status (including a driver’s license issued to undocumented persons), pregnancy (including, medical conditions related to pregnancy or childbirth, and breastfeeding, or medical conditions related to breastfeeding), or any other protected status in accordance with the requirements of all federal, state and local laws. Unless based upon a bona fide occupational qualification, employment procedures and policies shall be implemented without regard to any protected classification listed above. Discrimination and harassment on the basis of a protected classification is unlawful and all persons involved in the operations of the City are prohibited from engaging in this type of conduct. Employees, volunteers, or applicants who believe they have experienced any form of employment discrimination are encouraged to report the conduct immediately by using the complaint procedures provided in this Manual or by contacting the U.S. Equal Employment Opportunity Commission or California Department of Fair Employment and Housing.

The City’s Equal Employment Opportunity Policy can be found in Section 5 of this Manual. The City’s Harassment, Discrimination, and Retaliation policy can be found in this Manual.
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Probationary Period

6.1 APPLICATION
This section applies only to employees who have been hired or promoted to regular full-time or regular part-time positions. It does not apply to management employees, Limited Term Part-Time, and Limited Term Seasonal employees or any other employees that are “at-will” employees as set forth in this Manual.

6.2 PROBATIONARY STATUS
All regular part-time and regular full-time employees hired or promoted shall be required to serve a one (1) year probationary period beginning from the date of appointment or promotion. The probationary period is considered an extension of the testing process, is intended to allow the City to determine if the employee can successfully perform the job, and is a good fit for the organization. The probationary employee’s performance will be periodically reviewed during this period. The probationary period does not include time served under a temporary or part-time appointment or for any period of unpaid leave.

During the probationary period, the employee may be rejected from employment at any time, with or without cause, and without any right of appeal, hearing, or grievance procedure. No justification or cause will be provided to a probationary employee rejected from probation.

A regular part-time or full-time employee who is rejected during the probationary period from a position to which she/he has been promoted, may be reinstated to a position in the classification from which she/he was promoted if a vacancy in such a classification exists and unless the employee is terminated from City service as provided for in this Manual.
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6.3 ACTION REQUIRED TO REMOVE EMPLOYEE FROM PROBATIONARY STATUS An employee remains on probation until the City takes formal, written action to remove the probationary employee from probationary status.

6.4 EVALUATION AFTER REMOVAL FROM PROBATIONARY STATUS
If an employee successfully completes the probation period, her/his Supervisor shall complete a performance appraisal review at the approximate date of the probationary employee completing one (1) year in the probationary position. This performance appraisal will be accompanied by a Personnel Action Form (PAF) fully executed by the Department/Division Director, Finance Director, Human Resources Division, and the City Manager.

6.5 EXTENSION OF PROBATION
An employee’s probation may be extended for up to six (6) months if it is determined by the City Manager that there is a need for further evaluation before making a regular appointment to the position. An employee not removed from probationary status pursuant to the provision of Section 6.3 within ten (10) working days following the completion of one (1) year of probationary employment shall have his/her probationary status automatically extended for thirty (30) working days. An employee who is automatically extended may request a written performance appraisal to be completed within ten (10) working days of the request. The failure to perform the performance evaluation does not in any way limit the City’s ability to release the employee from probation, without cause and without right of appeal, hearing, or grievance procedure.

An employee’s probationary period will also be automatically extended for any leave of absence or sick leave of more than thirty (30) calendar days taken by the employee during the probationary period. The probation period will be extended by the length of time that the employee is on leave. A transfer of a regular employee from a 168
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position in one classification in the Classified Service to a position in another classification having related duties and responsibilities as determined by the City Manager and the same salary range, shall assume regular status in the classification to which assigned and may be required to serve a probationary period at the discretion of the City Manager.

6.6 REJECTION FROM PROBATION
The City Manager may determine that an employee did not pass probation at any time during the probationary period with or without cause or notice. The probationary employee does not have the right to appeal this decision. No justification or cause will be provided to the probationary employee rejected from probation.

6.7 COMPLETION OF PROBATION
Once a regular full-time or regular part-time employee has successfully completed the probationary period, including any extended probationary period, or subsequent probationary period if promoted or transferred, the employee will hold a regular position and can only be disciplined or terminated for cause or a reduction in force as set forth in this Manual.
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Performance Expectations,
Evaluations and Professional Development

7.1 PERFORMANCE EXPECTATIONS
The City’s expectation is for all employees to perform their job duties in a polite, professional and progressive manner. The City‘s goal is to provide the guidance and tools necessary to make this level of job performance possible. Together, with effective communication, the employer/employee team can be more successful.

7.1.1 The 3P’s of Public Service
POLITE means we are customer-friendly, courteous and tactful. We have a “CAN DO” attitude. We acknowledge people who have concerns and we listen and try to understand.

We treat people fairly and how we would like to be treated. We are respectful and we are friendly. We never raise our voices or use unkind words or expressions.

PROFESSIONAL means we are trained and competent in our jobs. We seek to learn more about our jobs so we can perform better - we “sharpen the saw.” We take pride in the quality of our work and we do not just seek to do our best, we always strive to do better. If we are not moving forward professionally then we are moving backward. “Every job is a self-portrait of the person who did it.” PROGRESSIVE is that we are willing and anxious to find more creative and efficient ways of doing things. We do not do things “the same way we have always done them.” We listen to suggestions from our supervisors, co-workers (especially new employees), and members of the public. We take advantage of new technology and ideas. We have a vision and look to the future of how things can and should be. In fact, we dream of things that never have been and say, “Why not?”
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7.2 PERFORMANCE EVALUATION
Performance evaluations are communication tools used to provide constructive feedback on work performance, professional relationships, goals, and expectations. During the evaluation, the parties should discuss progress on goal achievement from the prior year, identify and correct weaknesses, encourage and recognize strengths, and discuss methods for improving individual and team performance. Performance evaluations also provide an opportunity for the employee to notify the supervisor of any problems, concerns, or suggestions that would help improve the City, the work environment, or the employee’s job performance. Employees and supervisors should not wait to discuss any matters of concern until a performance evaluation is held. These items of concern should be addressed as they arise.

A performance evaluation for each regular employee (including regular part-time) shall be made each year by the Department Director/Division Manager using the City’s performance evaluation form (see Appendix A), pursuant to the City’s Compensation Policy. The performance evaluation will serve as the basis for determining any increase in pay within the pay range for the employee’s position pursuant to the City’s adopted Compensation Policy, as it may be modified from time to time by the City Council.

7.3 PROCEDURE FOR CONDUCTING PERFORMANCE EVALUATIONS
As a part of the performance evaluation, each employee will be given the opportunity to conduct a written self-evaluation regarding her/his own performance and to develop goals and identify areas for professional development. The employee’s supervisor and Department Director will utilize the employee’s self-evaluation as part of the formal preparation of the annual performance evaluation. The Department Director/Division Manager will utilize the City’s performance evaluation form and prepare a draft for the City Manager’s review. Following the City Manager’s review, the Department Director will meet 171
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with the Employee to complete the evaluation. The employee shall sign the evaluation to acknowledge its contents and that he or she has met with his/her supervisor to discuss the evaluation. The employee’s signature shall not mean that he/she endorses the contents of the evaluation. The Department Director shall then forward the completed evaluation to the Human Resources Division, and a copy of each performance evaluation shall be retained in the employee’s personnel file on a permanent basis.

An employee does not have the right to appeal or submit a grievance regarding any matter related to the content of a performance evaluation. Instead, the employee may comment on the evaluation in a written statement which will then be placed with the evaluation in the employee’s personnel file. The written statement must be submitted within 10 days after the employee receives the evaluation.

7.4 INFORMAL PERFORMANCE EVALUATIONS
In addition to the more formal annual performance evaluations, the City encourages discussions of an employee’s job performance on an ongoing basis.

7.5 EMPLOYEE TRAINING AND DEVELOPMENT
The City encourages all employees to seek additional training and development of their job skills and knowledge. When possible, the City will provide periodic training to assist employees in developing their professional skills and knowledge.

7.6 TUITION REIMBURSEMENT

7.6.1 Eligibility
To be eligible for tuition reimbursement, an employee must:

1. Be a regular full-time, employee of the City at the time of enrollment in course(s)

2. Obtain prior written approval for the course from her/his Department Director and the City Manager
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3. Enroll at an accredited college or university for courses taken for credit Regular part-time employees may request to participate in the Tuition Reimbursement Program. Approval is at the discretion of the City Manager. If approved by the City Manager, the maximum reimbursable amount would be pro-rated.

7.6.2 Criteria
In order to be approved, the course(s) must be:

1. Scheduled on the employee’s own time

2. Directly related to the employee’s work

3. Required for an academic degree in a field that is directly related to the employee’s work or of clear benefit to the City, at the discretion of the City Manager.

7.6.3 Tax Issues
Tax consequences of participating in the City’s Tuition Reimbursement Program depend on current IRS regulations and are ultimately the responsibility of the employee, not the City.

7.6.4 Reimbursement
When an employee has demonstrated completion of the approved course with a Grade of “B” or better, or a “pass” if the course is offered on only a “pass or fail” basis, the employee will be reimbursed for one hundred percent (100%) of the expenses covering tuition, registration fees, textbooks, and any required or mandatory fees for the approved class. The maximum allowable reimbursement is $2,500 per fiscal year. No other expenses will be considered. Amounts not used are not carried over to the next calendar year. Should an employee drop or fail to complete a course, she/he shall not be entitled to reimbursement.
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7.6.5 No Reimbursement
No tuition reimbursement will be made in the event of employment termination prior to satisfactory completion of the course.

7.6.6 General Information Regarding Tuition Reimbursement Program The City reserves the right to amend, modify, or terminate the program at any time.

All employees will be notified in writing if any such changes occur. Under such circumstances, all commitments made up to the time of cancellation will be honored by the City.

Participation in the program is intended to help employees improve their knowledge and skills in order that they may perform their present and future job assignments in a more proficient manner. However, promotion within the City is predicated upon many factors; therefore, participation in the program is not a guarantee of advancement or promotion.

7.7 PROFESSIONAL ORGANIZATION MEMBERSHIP/CERTIFICATE RENEWAL The City encourages participation in professional organizations and shall reimburse employees for professional memberships and certification expenses, which are considered by the City Manager to enhance the employee’s job-related skills, abilities, and knowledge.

Questions on whether or not a particular membership or certification is an approved expense must be brought to the employee’s Department Director or to the City Manager, prior to joining the professional organization. Dues for approved membership in professional organizations and fees for approved professional certification may be paid directly by the City or will be reimbursed upon submittal of satisfactory evidence of payment.

7.8 TRAVEL AND TRAINING FOR PROFESSIONAL DEVELOPMENT
`The City strongly encourages on-going training and professional development, some of which requires out of town travel. Such out of town travel and training will follow the policies and procedures outlined in the City’s Travel Policy, found in Appendix B. 174
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Workweek, Schedules, Attendance
and Overtime

8.1 HOURS OF BUSINESS
The City operates under a modified 9/80 Work Schedule Policy. City offices shall be open Monday through Thursday from 8:00 a.m. to 6:00 p.m. and Friday from 8:00 a.m. to 5:00 p.m., except that City offices are closed on the first and third Fridays of each month, unless otherwise established and authorized by the City Manager in writing.

8.2 ATTENDANCE
Employees shall be in attendance at their work or assigned duties at the time and place prescribed by the department to which they are assigned. Tardiness and absenteeism will not be tolerated.

Employees who anticipate an absence from all or a portion of their regular work schedule and wish to request a form of accrued leave time or unpaid leave must file written notice to the Human Resources Division.

Employees who are unexpectedly unable to report for work as scheduled on any particular day must call their immediate supervisor no later than their scheduled time to begin work for that day, or as otherwise required by the Department Director/Division Manager. Employees must inform their supervisor of the expected duration of any absence.

Employees who fail to call to inform their supervisor of their absence shall be deemed to have an unauthorized absence in violation of this attendance policy.

Arriving late to work or leaving early in connection with scheduled work times, breaks, or meal periods is prohibited, absent authorization. A non-exempt employee who fails to timely notify the supervisor of any absences as required by this Manual, or who is not present and ready to work during all scheduled work times will be deemed to have an unauthorized tardy or absence. The employee may be subject to a reduction 175
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of pay for unauthorized tardy or absence. Any such reduction in pay will be subject to the disciplinary/due process procedures in this Manual.

8.2.1 Excessive Tardiness/Absenteeism and Abuse of Leave Excessive tardiness occurs when an overtime-eligible employee who, without authorization, is late to work or late to return from breaks more than three times during any 30-day period. Excessive absenteeism occurs when the number of unapproved absences for reasons that are not permitted by state or federal law, exceeds three days in any three-month period. Excessive tardiness or absenteeism may be grounds for discipline, up to and including termination. Abuse of, or misrepresentation of any form of accrued or unpaid leave time may be grounds for discipline, up to and including termination.

8.2.2 Abandonment of Position
Failure on the part of an employee, who is absent without notification or authorization to return to duty within twenty-four (24) hours after a notice to return to duty has been delivered to their last known telephone number and/or address will be deemed a voluntary resignation, effective as of the last day an employee worked. If, within ten (10) days of said notice, the employee can show good cause for the failure to return to duty, the City Manager, in his/her discretion may, reverse the resignation. In the event that an employee’s absence is deemed a “voluntary resignation” in accordance with the Rule, the employee shall have the same right to appeal afforded the employees who are terminated for cause. However, an employee’s absence without notification or authorization for twenty-four (24) hours or more shall be deemed just cause for automatic resignation pursuant to this rule.
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8.3 OFFICIAL WORKWEEK FOR COMPUTING OVERTIME AND COMPENSATORY TIME
The workweek for non-exempt City employees shall be as follows, unless otherwise designated in writing by the Department Director with approval of the City Manager. The workweek for City employees is a 168 hours (i.e. seven 24-hour periods) beginning at Noon on Friday and ending at 11:59 a.m. on the following Friday. The workday begins at Noon on any given day and continues until 11:59 a.m. on the following day.

Employees using the 9-80 work schedule are required to work nine (9) hours (for example form 8:00 a.m. to 6:00 p.m.) for eight (8) work days, and eight (8) hours on a ninth (9th) work day (Fridays). Due to City Hall being closed the first and third Fridays of every month, the first and third Fridays are the scheduled week days off for employees designated to work a 9/80 schedule.

For employees working a 9/80 schedule, each employee’s designated work week shall begin exactly four hours after the start of his/her eight hour shift on the day of the week that corresponds to the employee’s alternating regular day off. Overtime would not be paid unless an employee exceeded 40? hours of work in the work week (not the calendar week).

There are also two or three times per year when an employee would work 44 hours in two consecutive weeks due to City Hall closure the first and third Fridays of the month. These extra four hours and any hours exceeding 40 in any given work week (not calendar week) are compensable as overtime for any employee eligible for overtime.

8.4 STANDARD WORK PERIODS FOR NON-EXEMPT, FULL-TIME EMPLOYEES Consistent with the 9/80 work schedule, non-exempt full-time employees are normally scheduled to work a total of 44 hours in one calendar workweek and 36 hours in the 177
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second calendar of the two-week payroll period. The customary workday or work period for non-exempt City personnel shall be as follows:

8.4.1 Non-Exempt Office Personnel:
8:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. on the second, fourth and any fifth Fridays of each month with a one (1) hour unpaid lunch period.

8.4.2 Non-Exempt Public Works/Parks Field Personnel:
7:30 a.m. to 4:30 p.m. with a one (1) hour unpaid lunch period. These employees do not have a 9/80 schedule.

The City Manager shall designate the work schedule for employees. Due to the changing needs of the City, work schedules of employees may vary from time to time. Supervisors will be in charge of notifying employees when work schedules change, and employees will be notified in writing of any changes in the employee’s standard work schedule with at least ten (10) working days’ notice. Employees shall be in attendance at work in accordance with their approved work schedule.

8.5 LUNCH OR MEAL PERIODS
A regular schedule for lunch or meal periods will be authorized by the supervisor or Department Director for non-exempt employees. Typically, this will include a break of 1/2 hour, after 5 hours, except when the workday will be completed in 6 hours or less and there is mutual employer/employee consent to waive meal period. After 10 working hours per day the employee will be provided with a second meal period of not less than 1/2 hour.

The customary lunch period for full-time employees is one (1) hour and typically from 12:00 pm to 1:00 pm. A Department Director/Division Manager may consider a thirty (30) minute non-paid lunch period in lieu of the regular one (1) hour lunch period, 178
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if requested in writing or via email by an employee and if such a schedule will not impair the efficiency and effectiveness of the department, at the discretion of the Department Director. The Department Director/Division Manager may rescind approval of a shortened lunch period with at least ten (10) working days written notice to the employee.

8.6 DESIGNATION OF ALTERNATIVE WORK SCHEDULES
The City Manager is authorized to designate alternative work schedules for employees. Examples of alternative schedules are the 9/80 or 4/10 workweek.

An employee may request an alternative work schedule by submitting a written request to her/his Department/Division Director. For an alternative work schedule other than a shortened lunch period, the Department/Division Director will then discuss the request with the City Manager who shall have final authority to approve or deny the request. The employee will then be notified if the requested alternative work schedule is approved. Approval will be on a case-by-case basis and the City Manager reserves the right to rescind approval of the alternative work schedule with at least ten (10) business days written notice to the employee. A record of approval of an alternative work schedule shall be on file in the Human Resources Department.

8.7 BREAK PERIODS – NON-EXEMPT ELIGIBLE EMPLOYEES
Non-exempt employees shall be allowed one, paid fifteen (15) minute break for each four (4) hour period worked. Breaks are generally scheduled in the middle of each four (4) hour work period. However, the supervisor or Department Director shall have the authority to arrange break times which best meet the needs of the department, but not within one (1) hour of the employee's starting time, quitting time, or lunch period.

With approval of the Department Director and City Manager, an employee may voluntarily agree to place one or both break periods within one (1) hour of the employee’s quitting 179
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time. Break periods may not be scheduled or taken consecutively or in conjunction with the lunch period. Further, break periods do not accrue and cannot be “saved” or used at a later time.

8.8 LACTATION BREAKS

8.8.1 Lactation Break Time
An non-exempt employee who wishes to express breast milk for her infant child during her scheduled work hours will receive additional unpaid time beyond the 15-minute compensated rest period. Those desiring to take a lactation break must notify a supervisor prior to takin such a break. Breaks may be reasonably delayed if they would seriously disrupt operations. Once a lactation break has been approved, the break should not be interrupted except for emergency or exigent circumstances.

8.8.2 Private Location
The City will make reasonable efforts to accommodate employees by providing an appropriate location to express milk in private. The City will attempt to find a location in close proximity to the employee’s work area, and the location will be other than a toilet stall. Employees occupying such private areas shall either secure the door or otherwise make it clear to others through signage that the area is occupied and should not be disturbed. All other employees should avoid interrupting an employee during an authorized break under this section, except to announce an emergency or other urgent circumstance. Authorized lactation breaks for employees assigned to the field may be taken at the nearest appropriate private area.

8.8.3 Storage of Milk
Any employee storing expressed milk in any authorized refrigerated area within the City shall clearly label it as such. No expressed milk shall be stored at the City beyond the employee’s work day/shift.
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8.9 TIME SHEET SUBMITTAL
Department Directors must submit time sheets to the Finance Department’s employee who is designated to process payroll, every other week by 10:00 a.m. on the Monday following the completion of a pay period. The failure to submit a timesheet within the appropriate time frame may result in the paycheck not being processed until the following pay period. Time sheets must be signed by the employee and her/his Department Director, or designee, in order to be processed. All employees must accurately report all work time to the nearest five minutes.

8.10 TIME REPORTING – EXEMPT EMPLOYEES
Exempt employees may be required to use accrued leave time (e.g., vacation, sick, or management leave) for partial day absences of four hours or more if the employee has such accrued time available.

8.11 TIME REPORTING – NON EXEMPT EMPLOYEES

8.11.1 Purpose of Time Reporting
Recording of hours worked and/or leave time taken by employees is necessary to provide an accurate basis for preparing paychecks, monitoring leave accruals, assuring compliance with Federal and State law, and maintaining an effective and efficient accounting system.

8.11.2 Hours Worked
Overtime eligible employees will be paid for all hours worked. Hours worked include:

1. Hours before or after the normally assigned shift, if approved in advance by the Department Director in writing. Record hours worked to the nearest quarter (1/4) hour. Periods of six (6) minutes or less are not considered overtime when such work periods are not regularly recurring. Prior permission of the 181
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employee’s supervisor or Department Director must be obtained for overtime work. Unless it is a justifiable emergency, working overtime that has not been pre-approved will result in disciplinary action.

2. Rest periods of fifteen (15) minutes or less, as outlined in this Manual.

3. Out-of-town travel is covered by two sets of rules, depending on whether the assignment is for one day or requires an overnight stay. If an employee is given a one-day assignment in another city which does not require an overnight stay, all the time spent traveling between cities is counted as hours worked.

However, time spent traveling between the employee’s home and the airport or train station (during the employee’s departure or return) is not considered work time because it is equivalent to travel between work and home. If the employee’s out-of-town travel requires an overnight stay, time spent traveling to another city is counted as hours worked only to the extent that it coincides with the employee’s regular workday. Travel that occurs during hours of the day in which the employee normally works, is counted as work time, even if it falls on a non-working day for the employee (for example, a Saturday or Sunday). If, on the other hand, the travel occurs during hours that are outside the employee’s regular workday, it is not counted as hours worked unless the employee actually performs work for the City while traveling during these regularly unscheduled hours. Please see the City’s Travel Policy in Appendix B.

4. Hours spent at lectures and training activities conducted by the City, unless attendance is voluntary and the employee's job performance is not dependent upon such training.
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5. Hours spent in public or charitable work if it is at the City's request or as part of an employee's regularly scheduled shift.

8.11.3 Responsibility for Completion of Time Sheets
Employees are responsible for the accurate and timely submission of time sheets and other supporting documentation to their supervisor for approval. Timesheets should reflect the actual time worked and be filled out on at least a daily basis.

1. All overtime eligible employees will record all hours worked and all leave time taken, and the type of leave to be charged, whether paid or unpaid, on the time sheet.

2. All exempt employees in positions which require an accounting of hours worked by work order (as determined by the Department of Industrial Relations by work order number) number will record their hours worked for each project and all leave hours taken on the time sheet.

3. Exempt employees in positions not required to account for hours worked by work order number will record only those hours off for sick leave, management leave, vacation, or other applicable leave.

4. Supervisors or Department Directors shall not alter or adjust the hours that an employee reports on her/his time sheet. If an employee’s time sheet is inaccurate or appears to be inaccurate, the Department Director/Division Manager will meet with the employee and if it is determined the employee’s time sheet is, in fact, inaccurate, the Department Director will direct the employee to correct the time sheet. If an inaccurate time sheet is forwarded for payment by the Department Director due to an error by the employee and the pay to the employee is more or less than what would have been payable due to the 183
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error, the adjustment in pay will be made on the employee’s next regular paycheck.

5. Intentional inaccuracies or falsification of any kind of the submitted timesheet will result in disciplinary action, up to and including termination.

8.12 OVERTIME REPORTING
Employees designated as “non-exempt” pursuant to the provisions of FLSA are eligible for overtime pay. As stated in this Manual, overtime must be approved in advance and in writing by an employee’s Department Director/Division Manager. Overtime-eligible employees who are directed to work overtime must do so.

8.12.1 Hours for Overtime
For overtime purposes, City employees in positions designated as overtime eligible will receive additional compensation, either cash or compensatory time off, in any workweek during which they work more than 40 hours. Employees required to work overtime will not be forced to take time off in the same workweek to avoid paying overtime, but may volunteer to do so. City employees in exempt positions are not eligible for overtime pay or compensatory time off.

Only actual hours worked will be counted toward the 40-hour threshold for purposes of calculating Fair Labor Standards Act (FLSA) overtime pay. Time paid but not worked, including sick leave, compensatory time off, holiday and vacation, does not count as hours worked for the purpose of computing overtime hours. If an employee is compensated for holidays on which he or she does not work, the holiday hours do not count in determining overtime entitlement as overtime premiums are based upon hours worked, not upon hours paid.

1. The Human Resources Division will maintain a list of employees in positions eligible for overtime pay.
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2. Overtime pay for work on an employee’s scheduled day off will be based on actual hours worked in excess of 40 hours per workweek.

3. Hours worked on a regular day off (RDO) may be taken as unpaid time off at a later date at the discretion of the Supervisor and City Manager

8.12.2 Accounting for Portions of an Hour Worked
Partial hours of overtime are accounted for in quarters of an hour as indicated below:

Time Worked Indicate on Time Sheet
7 – 15 min. ¼ hour
16 – 33 min. ½ hour
34 – 48 min ¾ hour
49 – 60 min. 1 hour

8.12.3 Work Period for Police – FLSA Section 207(k)
The workweek for employees, consistent with the 7(k) exemption of the Fair Labor Standards Act, is one hundred seventy-one (171) hours per 28-day period. The workweek is not necessarily the same as the calendar week. The workweek for all sworn police officers, begins at 12:00 a.m. Sunday and ends at 11:59 p.m. Saturday as adopted in August of 2015.

8.12.4 Compensation for Overtime
Compensation for overtime hours worked shall be at the rate of 1.5 times the eligible employee’s regular rate of pay (including all FLSA-applicable salary differentials and special pays), in either cash or compensatory time off.

The form of compensation shall be at the option of the employee; provided, however, that no employee shall accrue more than forty hours (40) of unused compensatory time off. Accrual of compensatory time off shall be at the rate of 1.5 185
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hours of compensatory time off for each overtime hour worked, or fraction thereof. An employee who has accrued the maximum allowed balance of compensatory time off shall be paid cash on her/his next regular paycheck for any additional overtime hours worked.

Compensatory time off is cashed out at the employee’s current FLSA regular rate of pay (including all FLSA-applicable salary differentials and special pays).

Compensatory time off is intended to be taken as soon as it is mutually convenient following the date on which it was earned. When requesting to use compensatory time, the employee shall complete a Request for Leave form and submit it to her/his supervisor for approval. The City will grant an employee’s request to use accumulated Compensatory time off provided that: 1) the Department or Division can accommodate the use of compensatory time off on the day requested without undue disruption to Department or Division operations; and 2) the employee makes the request in writing to the supervisor no later than five days prior to the date the employee requests the compensatory time off. If the employee does not provide five days’ notice, or if the Department or Division cannot accommodate the time off without undue disruption, the City will provide the employee the opportunity to cash out the amount of compensatory time off requested at the end of the pay period in which the employee made the request.

At any time, the City may pay an employee in cash on any regular paycheck for compensatory time off earned and not used, no matter the amount of hours accrued. A promotion or reclassification will result in the cash out of any accrued compensatory time prior to the effective date of the promotion or reclassification. Employees separating from City employment will be compensated for all accrued, unused compensatory hours at their current FLSA regular rate of pay, or their FLSA regular rate for the prior three (3) years, whichever is higher.
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8.13 NO REMOTE ACCESS
Unless the City Manager approves otherwise, non-exempt employees may not have remote access to City equipment, resources, or email.

8.13.1 No Volunteering of Work Time
All time spent for the benefit of the City must be reported as hours worked on time records so that the employee is paid for all work. Non-exempt employees may not "volunteer" work time to perform duties that are the same or similar as their stated or regular job duties. Employees have no authorization to work without compensation.

No supervisor has authority to request overtime-eligible employees to volunteer work time.

8.14 EXEMPT EMPLOYEE POLICY
FLSA exempt personnel are hired with the understanding that they are responsible for accomplishing the duties outlined for their assigned position or job, and not for a certain number of hours each day. The focal point is the job to be done, not the number of hours worked. However:

1. Exempt positions are designed with an “at least 40-hour” workweek in mind.

The necessity to perform consistent work for a substantial amount of hours over 40 per workweek should be examined so that exempt employees are utilizing their time wisely. A part-time regular employee may be classified as exempt and would be expected to perform work for “at least” the hours she/he is on average expected to work.

2. Exempt employees, including Department Directors/Division Managers, are generally expected to be available to perform their job duties during normal business hours (usually 8:00 a.m. to 6:00 p.m., Monday through Thursday and 8:00 a.m. to 5:00 p.m. on the second, fourth and any fifth Fridays of each month). However, completing the work assigned for an exempt position will, 187
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from time to time, require extra work to be performed outside of normal business hours or on the weekend (Saturday and/or Sunday).

3. Recognizing the varying demands placed on an exempt employee’s time, and in recognition of exempt employees spending substantially more than a typical workweek in accomplishing the job, the City allows exempt employees to take limited periods off without using accrued vacation or sick leave. Typically, an exempt employee will have a deduction from her/his accruals to equal the amount of time absent from work that reduces the employee’s normal workday, similar to non-exempt employees. For an exempt employee, absences of less than four (4) hours are not to be charged to leave accruals, as long as at least 80 hours total have been worked otherwise during the timesheet reporting period (this would include a holiday day). Absences of 4 hours or more (including a full day) may also be eligible to not be charged leave time, if prior approval has been granted by the City Manager via email and the timesheet is clearly marked “flex time” on the day the absence or partial absence took place. Regular days off (RDO) may also be exchanged with prior approval of the City Manager.

4. Neither flexible work hours nor paid management leaves constitute additional compensation to exempt employees on an hour-for-hour basis for hours worked in excess of 40-hours per week. Accordingly, exempt employees do not accrue a balance of compensatory leave hours.

8.15 MANAGEMENT LEAVE - EXEMPT EMPLOYEES
In lieu of the payment of overtime, exempt employees are granted eighty (80) hours of management leave (sometimes called “Admin Leave”) on January 1st of each calendar year. The City Manager may grant up to sixteen (16) hours of additional management 188
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leave for exempt employees working the modified 9/80 schedule. An exempt employee hired or promoted after January 1st of any given year will have her/his management leave prorated according to the following schedule:

Month of Hire or Promotion Allocation of Hours
January 80.00
February 73.33
March 66.67
April 60.00
May 53.33
June 46.67
July 40.00
August 33.33
September 26.67
October 20.00
November 13.33
December 6.67
All 80 hours of management leave must be used during the calendar year in which they are granted. Management Leave will not be cashed out except for resignation, layoff, or retirement of an employee who has passed her/his probation period. An employee eligible for Management Leave that separates prior to July 1st of any given year, shall have his/her payout of Management Leave reduced by 50%. Management leave will not carry over into the next calendar year unless approved in writing by the City Manager. Such a request must be submitted to the City Manager on or before December 15th of each year. Failure to request carry over by December 15th will waive an employee’s right to 189
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receive carryover. If an exempt employee has been previously approved to take Management Leave in December of a calendar year and the City then requires the employee to cancel such previously approved leave, the employee may carry over the amount of previously approved Management Leave to the next calendar year; however, the previously approved leave must be used by the employee no later than March 1st of the next calendar year.
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Compensation and Benefits

9.1 COMPENSATION PLAN
The City Council shall by resolution adopt and maintain a Compensation Policy with a salary range for each regular full-time position. The City Manager shall administer the Compensation Policy.

9.2 NEW EMPLOYEES
New employees shall be appointed at the pay rate designated by the City Manager within the pay range to which their classification is assigned. Typically, a new employee’s salary will be placed at the beginning of the salary range. When the City Manager determines that the education and previous training or experience of a proposed employee, or the difficulty in recruiting for the position, would justify a salary in excess of the beginning salary, the City Manager may authorize a higher beginning salary within the pay range for the classification.

9.3 MERIT INCREASES
Advancement within the salary range will be made based on merit as determined by the supervisor and approved by the City Manager after reviewing the employee’s work performance and contributions to the City. All increases will be consistent with the City’s Compensation Policy, which may be amended from time to time by the City Council.

9.4 PAY UPON SEPARATION
An employee separated from employment for any reason, including resignation, termination, release from probation, layoff or retirement, is entitled to pay for any work completed for the City from the first day of the final pay period to the effective date of separation. The employee is also entitled to receive payment for any accrued vacation, floating holidays, management leave, and compensatory time actually earned, but not taken. The City does not compensate employees for unused sick leave, unless the employee has successfully completed at least five (5) years of total employment with the 191
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City, then the employee will be compensated for fifty percent (50%) of the value of any unused sick leave at separation, pursuant to the terms and conditions found in this Manual.

9.5 EMPLOYEE PAYCHECKS
Paychecks are distributed biweekly on the normally scheduled payday unless otherwise notified. Employees who enroll in direct deposit will receive a pay stub in lieu of a check. Any questions about pay amount or deductions should immediately be brought to the attention of the Finance Director.

9.6 OVERTIME AND COMPENSATORY TIME OFF
Overtime will be paid pursuant to Section 8 of this Manual.

9.7 INSURANCE BENEFIT PROGRAMS
The City provides health insurance (dental/medical/vision), life insurance and long term disability insurance benefits for regular full-time employees at percentages or rates determined by the City Council. (See Sections 9.15 and 9.16 for applicability to PartTime and Limited Term employees). Employees should contact the Human Resources Division for details concerning the terms, enrollment, and eligibility to receive these benefits, as well as other optional benefits provided, if any. The City Council reserves the right to modify the insurance benefit program at any time and provide as much notice as possible to employees affected by any change.

9.8 HEALTH INSURANCE BENEFIT AND WAIVER
The City provides a health insurance benefit for regular employees at percentages or rates determined by the City Council. Staff employed by the City prior to August 1, 2016 who have alternate qualified group health coverage, can waive group insurance coverage by completing the Waiver Form and providing evidence of the coverage, certifying that adequate health care benefits are being provided by another group insurance source. 192
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The City will provide “cash in lieu” to the employee equivalent to the health benefit amount set by the City Council, not to exceed $1,235. An employee whose group coverage costs less than $1,235 per month may receive the difference between the costs of coverage and the $1,235 as “cash in lieu”, which will be considered regular income for taxation purposes. Any employee hired after August 1, 2016, who waives coverage as described herein or has group coverage cost that is less than the $1,235, the City will provide a benefit payment of an amount not to exceed $400 per month as “cash in lieu”, which will be considered regular income for taxation purposes.

This election may take up to 30 days to process.

9.9 RETIREMENT BENEFIT PROGRAM
The City participates in the California Public Employees Retirement System (CalPERS). The Human Resources Division and/or CalPERS should be contacted for details concerning the terms, enrollment, and eligibility to receive these benefits as well as other optional retirement plans that may be provided. Current CalPERS policy stipulates that when an employee completes five (5) years of employment within the system, she/he is then fully vested in CalPERS.

Eligible City employees currently fall within one of three different levels of CalPERS Plans. Employees hired before October 18, 2010 are currently enrolled in the 2.5% at 55 CalPERS plan. Any employees hired between October 18, 2010 and December 31, 2012 would have been enrolled in the 2% at 60 CalPERS plan. Currently, the City pays both the employer and the employee contributions for these plans, and this may be modified from year-to-year by action of the City Council.

Any individual hired any time after January 1, 2013 will be enrolled in the 2% at 62 CalPERS plan, in compliance with the California Public Employees’ Pension Reform Act (PEPRA). Those enrolled in the PEPRA Plan are required to pay the employee 193
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contribution for their own plan and contribution rates vary from year to year. To learn what the current employee rate is, please contact Human Resources.

New employees can apply for member reciprocal self-certification, if they had previously participated in CalPERS or any other eligible retirement system, in order to be enrolled as a “Classic” member in the 2% at 60 CalPERS Plan. To find out if you are eligible for reciprocity, please contact Human Resources.

9.10 EMPLOYEE ASSISTANCE PROGRAM (EAP)
The City offers an employee assistance program that allows confidential discussions with a professional counselor at no initial cost to the employee. This program is intended to help employees when they have personal problems or other matters that are affecting their work.

All employees are given an informational brochure with their new employee information package upon hire. The brochures are also available via the Employee Bulletin Board and from the Human Resources Division. The EAP brochure explains in more detail how to use the program and provides the phone number to call. The City encourages employees to use this benefit when needed.

9.11 CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)

CONTINUATION OF GROUP HEALTH BENEFITS
The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan. The coverage is for a limited period under certain circumstances such as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events. Qualified individuals may be required to pay the entire premium for coverage up to 102 percent (102%) of the cost to the plan.
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Employees covered by the City’s medical insurance plan who voluntary or involuntary terminate employment for reasons other than gross misconduct or who have a reduction in the number of hours of employment have a right to choose to pay for continuation coverage if they lose their group health coverage, pursuant to applicable state or federal law. An employee’s eligible dependents may also have the right to elect and pay for continuation of coverage for a temporary period in certain circumstances where their coverage under the plan would otherwise end.

Questions concerning employee rights under COBRA should be directed to the Human Resources Division.

9.12 BILINGUAL PAY
With a significant percentage of Oakley residents being Hispanic, the City embraces its cultural diversity and recognizes that there are occasions when a customer needs to communicate with employees in Spanish. This bilingual ability is not only beneficial in the performance of department tasks, but also reflects the City’s progressive approach to its delivery of services. Employees who receive bilingual pay shall be determined at the discretion of the City Manager based on the business needs of the City. Employees who demonstrate a proficiency in Spanish based on an oral and/or written assessment, approved by the City Manager or her/his designee, shall receive thirty-five dollars ($35) per pay period as bilingual pay. Employees receiving bilingual pay will be asked to translate and assist other departments/divisions as requested. Bilingual pay shall be prorated for employees working less than full-time and/or who are in an unpaid status for any part of the biweekly pay period.

Unless operational needs of the City change, a maximum of ten (10) employees, not including the Police Department, will be eligible to receive bilingual pay. Other languages 195
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in addition to Spanish may be added in the future, if it is determined that it is necessary to meet the operational needs of the City.

9.13 CALL OUT PAY
Non-exempt regular full-time employees designated as “call out employees” by their Department Director who are called to perform work after hours, shall be compensated for at least two (2) hours pay at one and one-half (1.5) times the employees hourly rate of pay for each call out occurrence.

9.14 WELLNESS PROGRAM
The City encourages health and wellness for its employees. As a part of this effort, and as a benefit to employees, the City may pay a portion of monthly health club dues for employees that join an approved local health club located in Oakley.

Employees must notify Human Resources within seventy-two (72) hours for all changes to membership status or dues level. Employees are responsible for all membership dues or amounts incurred pursuant to their membership less the City’s monthly contribution.

The City’s payments for this benefit do not qualify for income tax exclusion under Section 132 of the Internal Revenue Code and therefore are taxable income. Taxes are the responsibility of the employee, and for those employees electing to participate in the program, applicable income will be reported and taxes withheld as part of payroll processing.

9.15 PART-TIME EMPLOYEES ELIGIBILITY FOR PRO-RATA BENEFITS Regular part-time employees receive employee benefits such as medical, dental, vision, and retirement benefits as do regular full-time employees in the same job classification, but the health benefits amounts are pro-rated beginning at 30 hours (average of hours worked per week over the course of a fiscal year), based on the anticipated 196
regularly scheduled work hours indicated at the time of hire. For example, a regular fulltime employee, working 40 hours per week is considered as 100% full-time equivalency, whereas a part-time regular employee, working 30 hours per week is considered 75% of full time equivalency and would receive health benefit amount prorated to 75%. Sick leave, vacation leave, bereavement leave, floating holidays, and holidays are also available to regular part-time employees on a pro-rated basis.

9.16 Police Management Compensation & Benefits
Police Management is to be defined as all sworn officers not covered by the Police MOU.

Police Management employees are covered by the Personnel Manual and all benefits provided in this section are in addition to what is provided to other management employees covered by the personnel manual. The Police Chief will be the only “at-will” position covered under section 9.16.
• Post Certifications
o All Police Management Personnel will receive a benefit equal to the benefit provided in the Police MOU under POST Certifications.
• Master’s Degree
o All Police Management Personnel will receive a benefit equal to the benefit provided in the Police MOU under Master’s Degree.
• Longevity Pay
o All Police Management Personnel, with the exception of the Police Chief, will receive a benefit equal to the benefit provided in the Police MOU under Longevity Incentive Pay. This is to include the language for former Contra Costa Sheriff’s Officer Personnel.
o The Police Chief will receive 5% of base pay if they have served the City of Oakley, in any position, for more than 5 years.
• Deferred Compensation
o All Police Management Personnel, with the exception of the Police Chief, will receive a 2 % City contribution into one of the City’s already established deferred compensation plans.
• PORAC
o All Police Management Personnel will receive a benefit equal to the benefit provided in the Police MOU under Retiree Medical, PORAC. This is to include the language related to the Legal Defense Fund. Any fees to be a member of PORAC and participate in the legal defense fund, will be paid by the employee. • Starting Base Pay
o Lieutenant starting base pay will be at least 20% higher than the highest paid Sergeant’s base pay. This is to compensate for the loss of holiday and incentive pays that are no longer available to Police Management employees. • Compaction
o Total compaction between the Sergeant and Lieutenant and Lieutenant and Chief will not fall below 10% when comparing total compensation at the maximum base salary for each position.
o Compaction will be reviewed at the start of any new MOU agreement to ensure the 10% range still exists.
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Holidays, Vacation, Sick Leave
and Other Leaves of Absence

10.1 HOLIDAYS
The City observes the following twelve (12) holidays and two (2) floating holidays for use at the employee’s discretion
New Year’s Day
Martin Luther King Day
Presidents’ Day
Memorial Day
Independence Day
Labor Day
Veterans’ Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year’s Eve Day
Floating Holidays (2)
All regular and probationary full-time and management employees receive two (2) eight (8) hour floating holidays on January 1 of each year. Regular part-time employees who are eligible for benefits will receive the floating holidays on a pro-rated basis according to her/his work schedule. An employee who is requesting to use her/his floating holidays shall complete and return a Request for Leave form to her/his supervisor for approval.
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Newly hired full-time employees will receive floating holidays based upon the quarter in which they are hired. The hours will be pro-rated according to the following schedule:

MONTH OF HIRE HOURS
January – March 16 hours
April – June 12 hours
July – September 8 hours
October – December 4 hours
Employees shall be paid for any accrued but unused floating holiday hours at the time of separation of employment.

10.2 HOLIDAY BENEFITS FOR FULL-TIME EMPLOYEES
The City provides regular and probationary full-time and management employees with eight (8) hours of pay for the observed holidays listed in Section 10.1. If a full time employee is working an alternative schedule, including the 9/80 schedule, the employee must use vacation or compensatory time (one hour) to make up the difference.

Alternatively, with supervisory permission, an employee may work the additional time necessary to make up the difference, with approval of her/his Department Director/Division Manager. Overtime will not be paid for this make-up time. In addition, holiday time does not count as time worked for the purpose of calculating overtime eligibility.

10.3 HOLIDAY BENEFITS FOR REGULAR PART-TIME EMPLOYEES
Regular and probationary part-time regular employees are entitled to receive time off with pay on a pro-rated basis for the holiday, unless scheduled to work at the direction of the City. Holiday pay for regular and probationary part-time employees shall be paid on a pro-rated formula, based on the number of hours per week budgeted for 199
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their position during the fiscal year. For example, a regular part-time employee whose position is budgeted to work twenty (20) hours per week will receive one-half of the hours received by regular full-time employees or four (4) hours of paid holiday time (20 divided by 40 = .50 x 8 = 4).

Limited Term Part-Time and Limited Term Seasonal employees that are normally scheduled to work on an observed holiday are provided the day off without pay.

10.4 WORK PERFORMED ON HOLIDAY
Employees are expected to observe all City-designated holidays unless job demands require the employee to work.

A regular and probationary full-time employee scheduled to work on a holiday shall be paid at her/his straight time regular hourly pay for actual hours worked, and the eight (8) hours of holiday pay.

Part-time regular, Limited Term and Limited Term Seasonal employees scheduled to work on a holiday shall be paid at their straight time regular hourly pay for actual hours worked, and the actual hours worked of holiday pay.

10.5 HOLIDAY FALLING ON A WEEKEND OR SCHEDULED DAY OFF
Generally, if a holiday falls on a Saturday, the City will observe the holiday on the preceding Friday. If the holiday falls on a Sunday, the City will observe the holiday on the following Monday. If the preceding Friday or succeeding Monday is also a holiday, the holiday is observed on the next preceding or succeeding work day, as determined by the City.

If the holiday falls on an employee’s regularly scheduled day off, the employee’s day off is moved to the next closest work day within the same pay period or another 200
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day within the same pay period, with supervisory approval. The employee will still be paid for the holiday.

10.6 RELIGIOUS OR OTHER OBSERVANCES
An employee who wishes to observe a holiday particular to the employee’s ethnicity or religion may do so with approval of the City Manager. The time off shall be charged to vacation, floating holiday, or compensatory time off.

10.7 PAID VACATION LEAVE
Vacation accruals are calculated on a bi-weekly basis in accordance with the City’s pay-period schedule and are reflected on the employee’s paycheck.

The City recognizes its employees’ loyalty and longevity of service by granting an increase in vacation hours at milestone anniversary dates. Regular full-time employee shall be entitled to accrue paid vacation for active completed service according to the following schedule:

YEARS OF SERVICE VACATION HOURS ACCRUED PER YEAR
Year 0-3 80 hours per year
Year 4-7 120 hours per year
Year 8+ 160 hours per year
Year 15+ 200 hours per year
The increase in rate of paid vacation accrual is effective on the next pay period following the anniversary of the employee’s hire date. For example, if an employee completes three full years of service on July 1st and the next full pay period begins on July 5th, the employee will begin accruing the 120 hours per year on July 5th.

Regular part-time and probationary employees earn vacation hours on a pro-rated basis.
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Service anniversary dates shall be established as of the effective date of employment into a regular full-time position. For example, a 100% FTE employee works 2,080 hours per year (40 hours x 52 weeks = 2,080 hours per year), therefore, an employee would not be eligible to accrue 120 vacation hours until having completed 6,240 hours (2,080 hours x 3 years), which may or may not coincide with the calendar 3 year anniversary of the date of the employee’s employment.

10.8 ELIGIBILITY FOR VACATION
There is no waiting period before an employee can request to take accrued vacation time. However vacation hours cannot be used in the pay period within which they are earned. Further, employees may not utilize vacation that has not yet been accrued.

Each employee requesting vacation time must submit a written/email request to her/his immediate supervisor for review and approval. The time at which an employee may use her/his accrued vacation leave and the amount taken at any one time shall be determined by her/his Department Director, with particular regard for the needs of the City.

10.9 INITIAL ACCRUALS - CITY MANAGER DISCRETION
The City Manager may grant up to two weeks of additional vacation leave and sick leave at the time of initial appointment without City Council approval to new employees who enter the City with prior local government experience as necessary to recruit and retain employees.

10.10 ELIGIBILITY TO EARN VACATION
At the discretion of the City Manager, a regular employee will accrue vacation leave while on paid leave, such as sick leave, vacation or non-industrial leave. An 202
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employee may not accrue vacation while on any unpaid leave of absence or while on Family Medical Leave.

10.11 HOLIDAY DURING VACATION
An employee will not be charged vacation leave for a holiday occurring during the employee’s scheduled vacation.

10.12 ILLNESS DURING VACATION
Vacation leave may be changed to sick leave if an employee submits a doctor's certificate stating that the employee was ill and unable to work during the employee’s scheduled vacation.

10. 13 EARNING AND ACCUMULATING VACATION LEAVE
The City provides vacation leave to encourage employees to take time away from work on a regular basis. For this reason, employees may earn and accumulate vacation leave up to a maximum of two and one-half (2.5) times the amount of the annual accrual of the employee:

10.14 MAXIMUM AMOUNT OF ACCRUAL
Year 0-3 200 hours maximum
Year 4-7 300 hours maximum
Year 8+ 400 hours maximum
Any hours accrued above this maximum as of December 1st of any given year will be paid to employee at the next full pay period following December 1st.

10.15 VACATION BUYBACK
Employees are eligible to exchange up to forty (40) hours of accrued vacation for a lump sum payment at the employee’s current salary rate twice each fiscal year as follows:
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1. The lump sum payments will occur in conjunction with the last pay period for March and for October of each year.

2. The employee must have reached his/her three-year (3) anniversary date in order to be eligible to exchange vacation pay.

3. The employee desiring to exchange vacation leave must have taken at least two weeks (the equivalent of ten 8-hour working days) of vacation, compensatory time off, or management leave during the previous twelve (12) months. .

Use of sick leave or leave without pay does not satisfy this program requirement.

4. The employee, after the requested exchange of vacation leave, must still have at least one-hundred and twenty (120) hours of vacation leave remaining.

10.16 HARDSHIP REQUEST
In the event that an employee eligible for vacation accrual experiences a financial hardship due to circumstances beyond his/her control, he/she may submit a request to the Human Resources Division to receive cash payment of accrued vacation at any time during the year. The Hardship Request form is available in the Human Resources Division. Examples of qualifying hardship requests include unexpected legal expenses, unbudgeted medical expenses not covered by other means, or any unforeseen situation that would necessitate a hardship request.

In order to keep hardship requests and the circumstances surrounding such a request as confidential as possible, all hardship requests will be reviewed in the following manner:

1. The employee submits a completed Hardship Request form to Human Resources.
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2. The Human Resources Division will obtain an updated copy of the employee’s absence schedule from payroll to verify the number of vacation hours available.

The employee must still have at least one-hundred and twenty (120) hours of vacation leave remaining to be eligible for a Hardship Request.

3. If clarification of the request is necessary, Human Resources will contact the requesting employee to obtain additional information.

4. A request that meets the qualifications described above will be reviewed by Human Resources and then presented to the City Manager with a recommendation for denial or final approval.

5. The employee will receive a response regarding the status of their request within five (5) working days from the date it is received by Human Resources.

6. The approved request will be delivered to payroll. A check will be prepared within three (3) business days.

10.17 REGULAR PART-TIME EMPLOYEE VACATION LEAVE BENEFIT Consistent with Section 10.7, Regular Part-time employees, who are eligible for benefits, accrue vacation leave on a pro-rata basis, depending on the average expected hours of work per week. See the table below that sets forth the rate of accrual for an employee who has 0-3 years of service:
20-22 Average Hours 1.53 per pay period (.50 FTE)
23-25 Average Hours 1.92 per pay period (.625 FTE)
26-30 Average Hours 2.30 per pay period (.75 FTE)
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10.18 LIMITED TERM AND SEASONAL EMPLOYEES
Limited Term Part-Time and Limited Term Seasonal employees do not accrue vacation leave.

10.19 PAID MANAGEMENT LEAVE
In addition to paid vacation leave, full-time FLSA exempt management employees receive 80 hours of paid Management Leave as outlined in Section 8.13 of this Manual.

The City Manager may grant up to sixteen (16) hours of additional management leave for exempt employees working the modified 9/80 schedule.

10.20 SICK LEAVE
Sick Leave is to be used if an employee or his/her family member becomes ill.

Sick leave shall be used only as permitted in this Manual. Abuse of the sick leave benefit, as described in this Manual, is grounds for disciplinary action, up to and including termination.

10.20.1 Sick Leave Notice
An employee must notify her/his immediate supervisor prior to the beginning of any working shift, which the employee will not report for work and for which she/he desires to use sick leave.

An employee is to request prior authorization for any absence due to attendance at any medical appointment. For the purpose of this section, “request prior authorization” shall mean that the employee has notified her/his supervisor with at least one (1) workday’s advance notice.

10.20.2 Eligibility
All regular and probationary full-time and part-time employees shall be eligible to accrue sick leave benefits. Employees working in a Limited Term Part-Time or Limited Term Seasonal capacity who work 30 or more days within a year from commencement 206
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of employment will accrue sick leave consistent with the Healthy Workplaces, Healthy Families Act of 2014. Limited Term Part-Time and Limited Term Seasonal employees can begin to use accrued paid sick leave upon reaching their 90th day of employment. For regular, full-time and part-time employees there is no waiting period to utilize sick leave; however, sick leave hours cannot be used within the pay period which they were earned.

Further, employees may not utilize unaccrued sick leave.

10.20.3 Accrual
Regular full-time employees earn 3.69 hours per pay period. All part-time regular employees accrue sick leave on a pro-rata basis depending on the average expected hours of work per week (.50 FTE, .625 FTE or .75 FTE). In no case does the number of sick leave hours accrued each pay period exceed 3.69 hours. Limited Term Part-Time and Limited Term Seasonal employees will accrue sick leave at the rate of .034 for every hour worked.

Sick leave is earned during any paid leave of absence, but it is not earned during any unpaid leave of absence, or during Family Medical Leave. Employees that are off of work due to illness or injury shall not accrue sick leave once they begin to receive disability benefits or are no longer receiving wages through payroll, beginning with the first full pay period that they are off payroll, unless otherwise required by law.

10.20.4 Earning and Accumulating Sick Leave
Regular and probationary full-time and part-time employees may accrue a maximum of seven hundred and twenty (720) hours of sick leave. For Limited Term Part-Time and Limited Term Seasonal employees accrued sick leave is capped at 48 hours, or 6 days.

Once the accrual maximum is reached, the employee can earn no other paid sick leave until the accrual balance is reduced.
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10.20.5 Sick Leave at Separation
Sick leave is forfeited and not cashed out upon separation from employment, unless an employee has completed five (5) years or more with the City at the date of separation. For such employees, fifty percent (50%) of the value of an employee’s accrued sick leave will be paid to the employee at separation. For Limited Term PartTime and Limited Term Seasonal employees, accrued sick leave not used will carry over to the following year of employment, but is capped at 48 hours, or 6 days. If an employee is retiring at separation, the cash payment for sick leave may be disbursed to the retiring employee through a lump sum cash payment that is deposited into the employee’s deferred compensation account (as allowed under terms and conditions of the plan and Internal Revenue Service regulations), used as a payment to CalPERS to buy service time (I eligible), placed in a retiree health savings account, or a combination of these options, at the election of the employee.

10.20.6 Use of Sick Leave
Sick leave shall be requested only in cases of actual personal sickness or qualifying instances. The employee requesting sick leave shall notify his/her supervisor or Department Head prior to the start of the employee’s regular work shift that he/she will be absent and will utilize sick leave. Sick leave with pay shall not be allowed unless the employee has met and complied with the provisions of these Rules and Regulations and his/her Department Head has approved such payment. Failure to reasonably provide notice of the need for leave, or otherwise comply with the sick leave benefit provisions of this Manual, may be grounds for denial of such sick leave with pay.

Sick leave can be used for the following purposes:

1. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or any of the following of the employee’s family members:
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child of any age or dependency status; parent; parent-in-law; spouse; registered domestic partner; grandparent; grandchildren; or sibling; or

2. For an employee who is a victim of domestic violence, sexual assault, or stalking to: i) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or his/her child; or ii) obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety. An employee shall have her/his accumulated sick leave balance reduced by an amount equal to the number of hours of sick leave for which pay is received.

10.20.7 Abuse of Sick leave
The City of Oakley provides a generous amount of sick leave hours and encourages employees to use these hours wisely and maintain a comfortable number of hours available for unforeseen situations. The City considers the abuse of sick leave as a serious offense and evidence substantiating use of sick leave for willful injury, gross negligence, intemperance, or any instances of misrepresentation will result in disciplinary action, up to and including termination from employment.

Other examples of abuse of sick leave include the following:

1. Failure to notify supervisor of medical absence

2. Failure to provide physician's verification when required

3. Fraudulent physician verification

4. Use of sick leave for that which it was not intended or provided

5. Continued pattern of maintaining zero or near zero leave balances or seeking approval of leave without pay because sick leave accrual has been exhausted

6. Pattern of abuse, for example, the routine use before, and/or after holidays; 209
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before, and/or after weekends or regular days off; after pay days; of any one specific day; following overtime worked; frequent use of half days; and/or any routine use of any combination of the above.

The City of Oakley maintains minimum staffing levels, and excessive absenteeism creates a negative impact on the workplace by disrupting work schedules, increasing overtime costs, leaving projects incomplete, decreasing organizational efficiency, moving additional work upon others, and creating an overall negative morale within the organization.

10.20.8 Proof of Illness/Injury
The City Manager, or designee, may request, in his/her discretion, that the employee produce a certificate issued by a licensed physician or other satisfactory proof of illness before sick leave is granted.

Additionally, an employee may be required to provide a health care provider’s statement verifying the employee’s absence from work in the following instances:

1. When an employee returns to work after three (3) days of absence on sick leave

2. Frequent use of sick leave

3. When a pattern of sick leave use has been identified

4. When a supervisor has reason to believe that sick leave is being abused

5. Release to Return to Work
The employee may be required by her/his Department Director or the Human Resources Division to submit a statement/certificate from the attending physician or dentist stating that the employee is or was incapacitated and unable to perform her/his duties, and attest to the employee's ability to resume work. In the event that the employee is not released to full duty, a written statement is required that specifically defines the 210
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employee's limitations. The City has the right to determine whether or not it has meaningful modified work for the employee to conduct based on her/his work restrictions and the duration that such work, if any, is available.

If the employee has a disability covered under the Americans with Disabilities Act (ADA), the City will enter into an interactive discussion with the employee in an attempt to comply with any reasonable accommodation requested or reasonable alternative accommodation that does not create an undue hardship for the City. The City reserves the right to get a second medical opinion, at the City’s expense, regarding the employee’s ability to return to work and/or any reasonable accommodation requested.

10.20.9 Sick Leave Donation Program for Catastrophic Circumstances With the City Manager’s written approval an employee may be eligible to receive donations of up to four-hundred eighty (480) hours of paid sick leave. The employee must have suffered a catastrophic illness or injury which prevents her/him from being able to work, and only if the employee is in good standing (defined as not in the process of a disciplinary separation from employment). The donated hours will be added to an employee’s sick leave “bank”, if exhausted.

A catastrophic illness or injury is defined as a medically certified illness, injury impairment, or physical condition that prevents an eligible employee from returning to work for a period of 60 or more calendar days.

10.20.10 Rules of Sick Leave Donation Program
An employee is not eligible to receive sick leave donations if she/he is currently receiving workers’ compensation, short-term or long-term disability benefits.

An employee using donated sick leave accrues no sick leave or other leave accruals while utilizing donated leave; however, other benefits, such as insurance and 211
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participation in the CalPERS defined benefit plan, will continue to be provided to the employee while utilizing donated sick leave.

Donated leave will be counted as sick leave, but shall never be converted into a cash benefit.

10.20.11 Donation Guidelines
An Employee may donate sick leave if the donating employee:

1. Voluntarily elects to donate sick leave and does so with the understanding that donated leave will only be returned if not used by the affected employee within ninety (90) days of the donation;

2. Donates a minimum of eight hours;

3. Retains a combined leave balance (vacation and sick) of at least one-hundred sixty (160) hours;

4. Donates time in one (1) hour increments. For every one (1) hour of sick leave time donated by the donor, the recipient will be credited with one (1) hour of sick leave. The pay levels of the two employees shall not affect the transaction

10.20.12 Donations are Voluntary
The City Manager shall respect an employee's right to privacy, however, she/he may, with the permission of the employee who is in need of leave, inform employees of their co-worker's critical need for sick leave hours. The City Manager or any other employee shall not directly solicit leave donations from employees. The donation of leave shall occur on a strictly voluntary basis.

10.21 MEDICAL TERMINATION
If during an employee’s leave of absence, it is medically determined that the employee’s condition is permanent and that the employee will not be able to perform the essential functions of her/his job with or without reasonable accommodation (including 212
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transfer to an alternate available position within the City for which the employee qualifies and where a position is available, or a leave of absence), the City and/or the employee may choose to process an application for non-industrial disability retirement and the employee will separate from employment with the City.

10.22 FAMILY MEDICAL LEAVE ACT AND CALIFORNIA FAMILY RIGHTS ACT It is the policy of the City of Oakley to provide family care and medical leave to eligible employees in accordance with the federal Family and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act of 1994 (CFRA). If you are eligible, and the leave you have requested pursuant to the City’s policy qualifies as family care and medical leave, all eligible employees shall be entitled to take up to twelve (12) weeks of unpaid, job-protected leave during any twelve (12) month period for specified family and medical reasons .If the employee has accrued paid leave available, then the employee shall use paid leave first and if insufficient to cover the entire FMLA/CFRA absence in full, the balance of the leave shall be in an unpaid status. This Policy is supplemented by the Federal Family and Medical Leave Act (“FMLA”), and the California Family Rights Act (“CFRA”). Unless otherwise stated in this Policy, “leave” means leave pursuant to the FMLA and CFRA. Unless otherwise provided by law, the City will run each employee’s FMLA and CFRA leaves concurrently.

Employees who misuse or abuse family and medical care leave may be disciplined up to and including termination. Employees who fraudulently obtain or use FMLA or CFRA leave are not protected by the law’s provisions for job restoration or maintenance of health benefit provisions.

10.23 DEFINITIONS

1. “12-Month Period” means a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken. 213
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2. “Single 12 Month Period” means a 12-month period which begins on the first day the eligible employee takes FMLA leave to take care of a covered servicemember and ends 12 months after that date.

3. “Child” means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability.

An employee’s child is one for whom the employee has actual day-to-day responsibility for care, and includes a biological, adopted, foster or step-child.

A child is “incapable of self care” if he/she requires active assistance or supervision to provide daily self-care in three or more of the activities of daily living or instrumental activities of daily living, such as caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning shopping, taking public transportation, paying bills, maintaining a residence, or using telephones and directories.

4. “Parent” means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in-law.

5. “Spouse” means one or two persons to a marriage, regardless of the sex of the persons, and for purposes of CFRA leave, includes a registered domestic partner as defined below.

6. Domestic Partner" is another adult with whom the employee has chosen to share their life in an intimate and committed relationship of mutual caring and with whom the employee has filed a Declaration of Domestic Partnership with the Secretary of State, and who meets the criteria specified in California Family Code section 297. A legal union formed in another state that is substantially equivalent to the California domestic partnership is also sufficient. 214
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7. "Serious Health Condition" means an illness, injury impairment, or physical or mental condition that involves:
a. Inpatient Care in a hospital, hospice, or residential medical care facility, including any period of incapacity (e.g., inability to work or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom). A person is considered "inpatient" when a health care facility admits him or her to the facility with the expectation that he or she will remain at least overnight, even if it later develops that such person can be discharged or transferred to another facility, and does not actually remain overnight; or
b. Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
i. A period of incapacity (i.e., inability to work, or perform other regular daily activities) due to serious health condition of more than three consecutive calendar days; and
ii. Any subsequent treatment or period of incapacity relating to the same condition, that also involves:
 Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision by a health care provider, or by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider; or
 Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the 215
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supervision of the health care provider. This includes, for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. If the medication is over the counter, and can be initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment.
c. Any period of incapacity due to pregnancy or for prenatal care. Note that pregnancy is a “serious health condition” only under the FMLA.

Under California law, an employee disabled by pregnancy is entitled to pregnancy leave.
d. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
i. Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider;
ii. Continues over an extended period of time (including recurring episodes of a single underlying condition); and
iii. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave even if the absence lasts only one day.
e. A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. The employee or 216
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family member must be under the continuing supervision of, but need not be receiving active treatment by health care provider. f. Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.

8. Health Care Provider” means:
a. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery in the State of California;
b. Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, which directly treats or supervises treatment of a serious health condition;
c. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law;
d. Nurse practitioners and nurse-midwives and clinical social workers who are authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law;
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e. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and
f. Any health care provider from whom an employer or group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.

9. “Covered active duty” means: 1) in the case of a member of a regular component of the Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country; or 2) in the case of a member of the reserve component of the Armed Forces, duty during the deployment of members of the Armed Forces to a foreign country under a call or order to active duty under certain specified provisions.

10. “Covered Servicemember” means: 1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or 2) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.

11. “Outpatient Status” means, with respect to a covered servicemember, the status of a member of the Armed Forces assigned to either: (1) a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.
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12. “Next of Kin of a Covered Servicemember” means the nearest blood relative other than the covered servicemember’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his/her nearest blood relative for purposes of military caregiver leave under the FMLA.

13. “Serious Injury or Illness” means: 1) in the case of a member of the Armed forces, including a member of the National Guard or reserves, means an injury or illness that a covered servicemember incurred in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by the service in the line of duty on active duty in the Armed Forces) and that may render the servicemember medically unfit to perform the duties of the member’s office, grade, rank, or rating; or 2) in the case of a veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.

10.23.1 Covered Reasons for Leave
The following are the reasons for which leave may be taken:

1. The birth of a child or placement of a child for adoption or foster care; 219
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2. To care for an immediate family member (spouse, domestic partner, child, or parent) with a serious health condition;

3. To take medical leave when the employee is unable to work because of a serious health condition.

4. Leave for a variety of “qualifying exigencies” arising out of the fact that an employee’s spouse, son, daughter, or parent is on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation (29 C.F.R. §825.126 – This is a FMLA leave and not a CFRA leave); or

5. Leave to care for a spouse, son, daughter, parent, or “next of kin” who is a covered servicemember of the U.S. Armed Forces who has a serious injury or illness either: incurred in the line of duty while on active military duty; or existed before the beginning of the member’s active duty was aggravated by service in the line of duty on active duty in the Armed Forces. This leave can run up to 26 weeks of unpaid leave during a single 12-month period. (29 C.F.R. §825.127 – This is an FMLA leave and not a CFRA leave.) Disabilities due to pregnancy or pregnancy-related conditions are covered under FMLA, but not the CFRA. In California, pregnancy and pregnancy-related disabilities are covered under the Pregnancy Disability Leave Act (PDL). For additional information, please see Section 10.22 Pregnancy Disability Leave Act (PDL).

10.23.2 Employee Eligibility
An employee shall be entitled to family leave if:

1. The employee has worked for at least twelve (12) months for the City. The twelve (12) months need not have been consecutive. (If the employee was on 220
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the payroll for part of a week, the City will count the entire week. The City considers fifty-two (52) weeks to be equal to twelve (12) months.)

2. The employee has worked for the City for at least one-thousand two hundred fifty (1,250) hours over the twelve (12) months immediately preceding the commencement of the leave

3. The City directly employees at least 50 full or part-time employees within a 75-mile radius for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. The workweeks do not have to be consecutive. The phrase “current or preceding calendar year” refers to the calendar year in which the employee requests the leave or the calendar year preceding the request.

10.23.3 Parents Both Employed by the City
When both spouses are employed by the City, they are jointly entitled to a combined total of twelve (12) work weeks of family leave for the birth or placement of a child for adoption or foster care, and to care for a parent who has a serious health condition. If both parents of a covered servicemember are employed by the City and are entitled to leave to care for a covered servicemember, the aggregate number of workweeks of leave to which both may be entitled is limited to 26 workweeks during the 12-month period. This limitation does not apply to any other type of leave under the City’s Family Medical Leave Policy.

10.23.4 Amount of Leave
Eligible employees are entitled to a total of 12 workweeks (or 26 workweeks to care for a covered servicemember) of leave during any 12-month period. If FMLA leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first. The City 221
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will use a rolling twelve (12) month period measured backward from the date an employee uses any FMLA leave. Each time an employee uses leave, the City computes the amount of leave the employee has taken under this policy, subtracts it from the twelve (12) weeks, and the balance remaining is the amount the employee is entitled to take at that time. For example, if an employee has taken five (5) weeks of leave in the past twelve (12) months, the employee could take an additional seven (7) weeks under this policy.

10.23.5 FMLA Coordination with CFRA and Other Leaves
Leave granted under the FMLA runs concurrently with CFRA, California Pregnancy Disability Leave, Workers’ Compensation and other leaves in accordance with law. Although family and medical care leave is unpaid, an employee may elect and the City will require an employee to concurrently use all paid accrued leaves during family and medical care leave as described below:

1. An employee may use any earned or accrued paid leave except sick leave for all or part of any unpaid family and medical care leave. An employee is entitled to use sick leave concurrently with family and medical care leave for the employee’s own serious health condition or that of the employee’s parent, spouse, domestic partner or child.

2. Employees must use and exhaust their accrued leaves concurrently with family and medical care leave to the same extent that employees have the right to use their accrued leaves concurrently with family and medical care leave with two exceptions:
a. Employees are not required to use paid leave during leave pursuant to a disability plan that pays a portion of the employee’s salary while on 222
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leave unless the employee agrees to use paid leave to cover the unpaid portion of the disability leave benefit; and
b. An employee must agree to use accrued sick leave to care for a child, parent, spouse or domestic partner.

3. If an employee takes a leave of absence for any purpose which also qualifies under both the FMLA and CFRA, the City will designate that leave as running concurrently with the employee’s 12-week FMLA/CFRA leave entitlement. The only exception is for peace officers who are on paid industrial injury leave.

In unusual circumstances, leave beyond the 12 work weeks granted under FMLA and CFRA may be available in accordance with the City’s leave policies and other state and federal laws.

10.23.6 City Designated FMLA/CFRA Leave
Even when an employee does not specifically request family and medical leave under FMLA or CFRA, the City may designate time away from work as FMLA and CFRA after three days of absenteeism if the leave meets the requirements outlined in this policy as outlined by state and federal law.

10.23.7 Cities and Employee’s Rights if Employee Requests Accrued Leave Without Mentioning FMLA/CFRA
If an employee requests to utilize accrued vacation leave or other accrued paid time off without reference to a FMLA/CFRA qualifying purpose, the City may not ask the employee if the leave is for a FMLA/CFRA qualifying purpose. However, if the City denies the employee’s request and the employee provides information that the requested time off is for a FMLA/CFRA qualifying purpose, the City may require the employee to exhaust accrued leave as described above.
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10.23.8 Maintenance of Benefits
An employee shall be entitled to maintain City group health, dental, and vision insurance benefits (if any) on the same basis as if she/he had continued to work for the City. To maintain uninterrupted coverage, the employee will have to continue to pay her/his share of insurance premium payments, if any. This payment shall be made either in person or by mail to the Finance Department by the fifteenth (15th) day of each month. The coverage will be dropped by the City if the employee’s payment is more than 30 days overdue. Employee contribution rates are subject to any changes in rates that occur while the employee is on leave.

If the employee informs the City that she/he does not intend to return to work at the end of the leave period the City’s obligation to provide health, dental and vision insurance benefits (if any) ends. If the employee chooses not to return to work, the City will require the employee to reimburse the City the amount the City contributed towards the employee’s health, dental, and vision insurance benefits (if any) during the leave period.

If the employee contributes to a life insurance or disability plan, the City will continue making payroll deductions while the employee is on paid leave. While the employee is on unpaid leave, the City will require that the employee continue to make those payments. If the employee does not continue these payments, the City will recover the payments at the end of the leave period, in a manner consistent with the law.

No sick leave, vacation, floating holiday, or administrative leave shall accrue to the employee during any time in which the employee is on FMLA/CFRA leave that is unpaid. Holidays, as identified in Section 10.1 of this Manual, shall be paid and no other leave will be required to be used for holidays that occur while an employee is on 224
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FMLA/CFRA leave; however, holidays do count in the calculation of the twelve (12) weeks of FMLA/CFRA leave.

10.23.9 Job Restoration and Return to Work
Under federal law (FMLA) and state law (CFRA) you must be reinstated to the same position you had prior to taking the leave, or to an equivalent position provided that you return to work immediately following the conclusion of family and medical leave.

If your position is unavailable (for example, due to a temporary or indefinite layoff), you have no greater right to reinstatement than had you been continually employed during the FMLA leave period. You are not entitled to reinstatement if your appointment end date occurs before your scheduled return date from family care and medical leave.

As a condition of returning to work, an employee must provide a certification from her/his health care provider verifying her/his ability to return to work, including any work restrictions. Failure to return to work on the date the employee indicated on the FMLA/CFRA request form (if not extended) may result in disciplinary action up to and including termination. Failure to return to work after the exhaustion of all twelve (12) weeks of FMLA/CFRA leave may result in immediate termination, at the discretion of the City Manager.

The City may choose to exempt certain highly compensated, “key” employees from the job restoration requirement and not return them to the same or similar position at the completion of FMLA/CFRA leave. Employees who may be exempted will be informed of this status when they request leave. If the City deems it necessary to deny job restoration for a key employee on FMLA/CFRA leave, the City will inform the employee of its intention and will offer the employee the opportunity to return to work immediately. 225
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10.23.10 Intermittent Leave and Reduced Work Schedules
In certain cases, intermittent (a few days or hours at a time) use of the twelve weeks of FMLA/CFRA or a reduced workweek may be allowed by the City. Employees wishing to use leave intermittently or to utilize a reduced workweek for birth or adoption purposes will need to request and gain approval for such use from the employee’s Department Director and the City Manager.

Employees may also use FMLA/CFRA intermittently, or as a part of a reduced workweek whenever it is medically necessary. “Medically necessary” means that there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. If the need to use leave is foreseeable and based on preplanned and prescheduled medical treatment, the employee is responsible to schedule the treatment in a manner that does not unduly disrupt the City’s operations.

This provision is subject to the approval of the health care provider. In some cases, the City may temporarily transfer an employee using intermittent or a reduced workweek to a different job with equivalent pay and benefits if another position would better accommodate the intermittent or reduced schedule.

10.23.11 Minimum Duration of Leave
If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g. bonding with a newborn) for less than two weeks duration on any two occasions.

If leave is requested to care for a child, parent, spouse or the employee him/herself with serious health condition, there is no minimum amount of leave that must be taken. 226
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However, compliance with the notice and medical certification provisions in this Policy is required.

10.23.12 Procedure for Requesting Leave
All employees requesting leave under this policy must complete the Family Medical Leave form available from the Human Resources Division. When an employee plans to take leave under this policy and the leave is foreseeable, the employee must give the City 30 days’ notice. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact day(s) (e.g., for the birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will be needed. If it is not possible to give 30 days’ notice, the employee must give as much notice as is possible. If the situation was unforeseen, the employee must submit a leave request form within the first three (3) days of missed work. While on leave, employees are requested to report on a monthly basis to the City regarding the status of the medical condition and her/his intent to return to work.

For foreseeable leave due to a qualifying exigency, an employee must provide verbal or written notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable.

10.23.13 Procedure for Notice & Certification of Serious Health Condition When an employee has provided at least 30 days’ notice for a foreseeable leave, the employee must provide a medical certification before the leave begins. When this is not possible, the employee must provide the medical certification to the City within the time frame requested by the City (which must allow at least 15 days after the City’s request), unless it is not practicable under the particular circumstances to do so despite the employee’s diligent, good faith efforts.
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Qualified health care providers include: doctors of medicine or osteopathy, podiatrist, dentists, clinical psychologists, optometrists, chiropractors, nurse practitioners and nursemidwives authorized to practice under State law and performing within the scope of their practice under State law.

Employees who request leave must provide a medical certification and/or recertification to support the need for the leave as described below:

1. Employee’s Own Serious Health Condition: Employees who request leave for their own serious health condition must provide written certification from the health care provider that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; and a statement that, due to the serious health condition, the employee is unable to work at all or is unable to perform any one or more of the essential functions of his/her position. Upon expiration of the time period the health care provider originally estimated that the employee needed for his/her own serious health condition, the employee must obtain recertification if additional leave is requested.

2. Family Member Serious Health Condition: Employees who request leave to care for a child, parent, domestic partner or a spouse who has serious health condition must provide written certification from the health care provider of the family member requiring care that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; an estimate of the amount of time which the health care provider believes the employee needs to care for the child, parent, domestic partner, or spouse, and a statement that the serious health condition warrants the participation of the employee to provide care during a period of treatment 228
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or supervision of the child, parent or spouse. The term “warrants the participation of the employee” includes, but is not limited to, providing psychological comfort, and arranging third party care for the covered family member, as well as directly providing, or participating in, the medical care. Upon expiration of the time period the health care provider originally estimated that the employee needed to care for a covered family member, the employer must obtain recertification if additional leave is requested.

3. Servicemember Serious Injury or Illness: Employees who request FMLA leave to care for a covered servicemember who is a child, spouse, parent or “next of kin” of the employee, must provide written certification from a health care provider regarding the injured servicemember’s serious injury or illness. The City will verify the certification as permitted by the FMLA regulations.

4. Qualifying Exigency: The first time an employee requests FMLA leave because of a qualifying exigency, an employee may require the employee to provide a copy of the military member’s active duty orders or other documentation issued by the military which indicates that the military member is on covered active duty or call to active duty status in a foreign country, and the dates of the military member’s active duty service. A copy of the new active duty orders or similar documentation shall be provided to the City if the need for leave because of a qualifying exigency arises out of a different active duty or call to active duty status of the same or a different military member. The City will verify the certification as permitted by the FMLA regulations. If an employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the time frame established 229
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in this Policy, the City may delay the taking of FMLA/CFRA leave until required certification is provided, or deny FMLA/CFRA protections following the expiration of the time period to provide an adequate certification.

10.23.14 Deficiencies in Certification
The employee must provide a certification for his/her own serious health condition that is complete and sufficient to support the request for leave. A certification is incomplete if one or more of the applicable entries on the certification form have not been completed.

A certification is insufficient if the information on the certification form is vague, ambiguous, or not responsive. If the certification is incomplete or insufficient, the City Manager will give the employee written notice of the deficiencies and seven days to cure, unless a longer period is necessary in light of the employee’s diligent, good faith efforts to address the deficiencies.

After giving the employee an opportunity to cure the deficiencies in a medical certification for the employee’s own serious health condition, the City Manager may contact the health care provider who provided the certification to clarify and/or authenticate the certification. “Authentication” means providing the health care provider with a copy of the certification form and requesting verification that the information on the form was completed or authorized by the health care provider who signed the form. “Clarification” means contacting the health care provider to understand the handwriting on the medical certification or to understand the meaning of the response. The City Manager may not ask for additional information beyond that required on the certification form.

10.23.15 Second and Third Medical Opinions
If the City has a good faith, objective reason to doubt the validity of a certification for the employee’s serious health condition, the City may ask for a second opinion. The City will pay for the employee to get a certification from a second doctor, which the 230
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City will select. If there is a conflict between the original certification and the second opinion, the City may require the opinion of a third doctor. The City and the employee will jointly select the third doctor, and the City will pay for the opinion. The third opinion is considered final. The City must provide the employee with a copy of the second and third medical opinions, where applicable, without cost, upon request of the employee.

10.25. 16 Return to Work
Except as provided by law, the employee will return to the same position she occupied when the leave commenced or, if the position is no longer available, the employee will return to a comparable position (equivalent pay and benefits),. Employees have no greater rights to reinstatement, benefits, and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA period.

If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and the City, the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of his/her readiness to return.

As a condition of returning to work, an employee must provide a certification from her health care provider verifying her ability to return to work, including any work restrictions. Failure to provide this certification will result in a denial of reinstatement. If the employee fails to return to work within three (3) days after the approved leave expires, the employee will be considered to have voluntarily resigned employment.

10.26 PREGNANCY DISABILITY LEAVE

10.26.1 Eligibility and Leave Purposes
An employee who is disabled due to pregnancy, childbirth, or related medical condition may request an unpaid pregnancy disability leave. There is no length of City 231
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service requirement before an employee disabled by pregnancy is entitled to a pregnancy disability leave. An employee is “disabled” if, in the opinion of her health care provider, she is unable due to pregnancy to work at all, or is unable to perform any one or more of the essential functions of her job, or to perform these functions without undue risk to herself, the successful completion of her pregnancy, or to other persons. An employee is also considered to be “disabled” if she is suffering from severe morning sickness or needs to take time off for prenatal care.

10.26.2 Duration of Leave
Subject to the conditions of this policy, eligible employees may take pregnancy disability leave as defined by law up to a maximum of the number of hours the employee would normally work within four (4) calendar months (one-third of a year or 17 1/3 weeks. For an employee who works 40 hours per week, “four (4) months” means 693 hours of leave entitlement, based on 40 hours per week times 17 1/3 weeks). An employee who works less than 40 hours per week will receive a pro rata or proportional amount of leave.

Leave granted under the PDL runs concurrently with FMLA and other leaves as appropriate and sanctioned by law. While pregnancy disability leave counts against the amount of leave required to be provided under the FMLA, it does not count under the California Family Rights Act (CFRA). As a result, the employee still may be eligible for an additional twelve (12) weeks of leave under the CFRA for “bonding” leave. Leave may be taken intermittently or on a reduced work schedule if the employee’s health care provider determines that it is medically advisable for the employee to take such leave.

Intermittent leave may also be taken for prenatal care appointment and for morning sickness.
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10.26.3 Requirements Regarding the Use of Paid Leave
Pregnancy disability leaves are without pay. However, the employee must use accrued sick leave (if any) during a pregnancy disability leave for any portion of the leave that is otherwise unpaid. After the employee’s sick leave is exhausted, she may elect to use accrued vacation time, compensatory time and administrative leave (if any) in order to continue to receive pay during the leave.

10.26. 4 Notification Requirements
An employee requesting pregnancy disability leave must provide proper notification to the Human Resources Division. If the leave is foreseeable, the employee must provide written notice at least 30 days before the leave is needed. If 30 days advance notice is not practicable or the need for the leave is not foreseeable (i.e., a lack of knowledge of when leave will be required, a change in circumstances, or a medical emergency), notice must be given as soon as practicable. All leaves must be confirmed in writing and have agreed-upon specific date of return.

A failure to comply with these notification requirements may result in a denial or postponement of the requested leave until the employee complies with these provisions.

However, if the need for pregnancy disability leave results from an emergency or is otherwise unforeseeable, the leave will not be denied for failure to provide advance notice.

10.26.5 Certification by Health Care Provider
Employees must provide the Human Resources Division with a written certification issued by the employee’s health care provider verifying that the employee is disabled from working by the pregnancy, or related medical conditions, , the date on which the employee became disabled by pregnancy, child birth or a related medical condition; and the expected duration of the leave.
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10.26.6 Benefits, Transfers, Job Restoration and Return to Work while taking Pregnancy Disability Leave
An employee on pregnancy disability leave may continue to receive any group health insurance coverage that was provided before her leave, beginning on the date the pregnancy disability leave begins and continuing for up to four months in a 12-month period, at the same level and under the same conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. The City may recover premiums it paid to maintain health coverage if an employee does not return to work following pregnancy disability leave, unless the reason for the failure to return is a circumstance beyond her control or the use of the separate right to 12 weeks of bonding leave under the California Family and Medical Leave Act.

Matters of other benefits, transfers, job restoration, and return to work shall be under the same terms and conditions as the City’s Family Medical Leave policy found in this Manual.

10.27 DOMESTIC VIOLENCE LEAVE
Employees may take domestic violence leave pursuant to California Labor Code 230.1 An employee must provide reasonable advance notice to the Human Resources Division of the employee’s intention to take time off for domestic violence leave, unless the advance notice is not possible.

If the appointment is unscheduled, or the leave is taken to respond to an emergency or crisis, the employee will be required to provide the Human Resources Division with written documentation of her/his status as a domestic violence victim within a reasonable time after the absence from work. The written documentation will be kept confidential, and can be any of the following:

A police report indicating that the employee is a domestic violence survivor; 234
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A court order protecting or separating the employee from the batterer, or other documentation from the court or the prosecuting attorney that the employee has appeared in court; or documentation from a medical professional, domestic violence advocate, health care provider, or counselor that the employee was undergoing treatment for physical or mental injuries or abuse caused by domestic violence.

The leave is unpaid unless the employee elects to use 2014 Healthy Workplaces sick leave, accrued vacation or personal leave, or compensatory time off.

This Domestic Violence Leave Policy does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by the City’s Family Medical Leave Act Policy.

10.28 LEAVE FOR VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR

STALKING TO OBTAIN RESTRAINING ORDERS OR INJUNCTIVE RELIEF Any employee who is a victim of domestic violence, sexual assault, or stalking, may take leave from work to obtain or attempt to obtain any relief, including, but not limited to: a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the employee or his/her child, if the employee provides advance notice of the need for leave. If advance notice is not feasible, the employee must provide any of the following certifications within a reasonable time after the leave: a police report indicating that the employee was a victim; a court order protecting the employee from the perpetrator; evidence from the district attorney or court that the employee has appeared in court; or documentation from a health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse. The leave is unpaid unless the employee elects to use 2014 Healthy Workplaces sick leave, accrued vacation or paid leave, or compensatory time off. 235
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10.29 CRIME VICTIM/FAMILY MEMBER VICTIMS’ RIGHTS PROCEEDINGS LEAVE Any employee who is a victim of a crime listed in Labor Code section 230.5(a)(2)(A), may take leave from work to appear in court to be heard at any proceeding in which the right of the victim is at issue, if the employee provides the employer reasonable advance notice. If advance notice is not feasible, the employee must provide the City, within a reasonable time after the leave is taken, certification from a police report, a district attorney or court, or from a health care provider or victim advocate, that the employee was a victim of any of the crimes listed in Labor Code section 230.5(a)(2)(A). An employee who is a spouse, parent, child, sibling, or guardian of such a crime victim is also a victim who is entitled to this leave if the above notice or certification requirements are met. The leave is unpaid unless the employee elects to use accrued vacation or paid leave, or compensatory time off.

10.30 BEREAVEMENT LEAVE
A regular, full-time or management employee is allowed a leave of absence with pay not to exceed three (3) working days per calendar year in the case of the death of a member of the employee's immediate family. Immediate family is defined as spouse, domestic partner, child, child of a domestic partner, stepchild, brother, stepbrother, sister, stepsister, parent, step-parent, mother-in-law, father-in-law, or any other person serving as a parent, grandmother, grandfather, or any other person living in the same household as the employee or an immediate family member of the employee’s spouse. (The definition of “immediate family member” for purposes of bereavement leave is different from the definition located elsewhere in this Manual.) Any additional days of absence must be approved by the City Manager and may be charged to sick leave, vacation time or compensatory time.
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10.31 COURT APPERANCES

10.31.1 Jury Duty
Employees who are summoned for jury duty shall be granted leave for this purpose upon presentation of the jury notice to the supervisor or City Manager. Employees are to notify their supervisors of the jury duty notice as soon as possible in order to minimize any disruption of work.

Employees who are released from jury service before the end of their regularly scheduled shift or who are not asked to serve on a jury panel are expected to call their supervisor as soon as possible and report to work, if feasible.

An employee who is summoned for jury duty is entitled to receive full pay if she/he remits to the City all compensation received for jury duty. Compensation for mileage is not considered compensation for jury duty.

10.31.2 Personal Court Appearances/Depositions
If an employee is required to appear in court or at depositions for personal or non-work related reasons, he/she must notify her/his supervisor immediately and present any relevant documentation, such as a subpoena. Employees are expected to return to work as soon their court appearance is completed. Vacation or compensatory time off must be used for this purpose. If the employee does not have accrued vacation or compensatory time off, the time will be unpaid.

10.31.3 Job-Related Court Appearances
If an employee is required to appear in court or at depositions for work-related cases, she/he will be compensated for her/his time spent for this purpose. The employee should give his/her supervisor as much advance notice as possible of any subpoena received for this purpose. The City will determine whether the matter is work-related (i.e., involves a matter regarding an event or transaction that occurred in the scope of 237
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the employee’s City job duties). Any witness fees received by the employee must be remitted to the City.

10.32 PARENTAL PARTICIPATION LEAVE
Any employee who is a parent, guardian, stepparent, foster parent, grandparent, or person who stands in loco parentis to one or more children who are in kindergarten or grades one (1) through twelve (12), or who are in a licensed child care facility, shall be allowed up to forty (40) hours each school year to:

1. participate in activities of their child’s school or licensed child care facility (time for this purpose cannot exceed eight (8) hours per month);

2. find, enroll, or reenroll a child in a school or with a licensed child care provider (time for this purpose cannot exceed eight (8) hours per month); or

3. to pick up a child due to a child care provider or school emergency.

The employee must provide reasonable advance notice to his/her supervisor of the planned absence. The leave is unpaid unless the employee uses vacation, personal leave or compensatory time off. If both parents, guardians or grandparents having custody work for the City at the same City work site, only the first parent requesting will be entitled to leave under this provision. The Department Director may require the employee to provide documentation from the school or day-care facility that the employee participated in a school activity on a specified date and a specified time.

Employees wishing to take leave for a child's school activity and who have exhausted their vacation or other accrued leave must request leave without pay and gain the approval from the City Manager or designee for the planned absence. 238
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10.33 CHILD SUSPENSION LEAVE
Any employee who is the parent or guardian of a child in grades 1 through 12 may take time off to go to the child’s school in response to a request from the child’s school, if the employee gives advance notice to his/her supervisor. A school has the authority to request that the parent attend the child’s school if the child has: committed any obscene act; habitually used profanity or vulgarity; disrupted school activities; or otherwise willfully defied the valid authority of school personnel.

10.34 INDUSTRIAL LEAVE
Employees, other than those covered by Labor Code section 4850, who are absent from work by reason of an injury or illness covered by Workers’ Compensation, shall continue in pay status under the following provisions.

10.34.1 Coordination of Benefits
When the employee authorizes, the difference between the amount granted pursuant to such Workers’ Compensation and the employee’s regular pay will be deducted from the employee’s accumulated sick leave, vacation, personal holidays, and compensatory time, if any. The employee will continue in pay status and receive his/her pay until his/her accumulated sick leave, and authorized compensatory time, personal holidays and vacation days, have been depleted to the nearest hour.

10.34.2 Accrual of Sick and Vacation Leave Continues While on Paid Leave During the time the employee is in fully paid status while absent from work by reason of injury or illness covered by Workers’ Compensation, he or she shall continue to accrue sick leave and vacation benefits as though he or she were not on leave of absence.
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10.34.3 Unpaid Leave and Continuation of Health Care Benefits Any employee subject to this Policy who depletes his/her accumulated sick leave, compensatory time, personal holiday time and vacation days while absent from work by reason of an injury or illness covered by Workers’ Compensation may receive an unpaid leave of absence and continuation of health care benefits consistent with state and/or federal law.

10.35 INDUSTRIAL LEAVE: EMPLOYEES COVERED BY LABOR CODE SECTION 4850
Sworn Police and Fire employees covered by Labor Code Section 4850 et seq. will be allowed up to one year leave of absence for an industrial injury or illness without loss of salary in lieu of disability payments, consistent with state law. The employee will continue to accrue sick leave and vacation benefits while in paid status.

10.35.1 Coordination of Benefits
Whenever the injury or illness continues beyond the one-year 4850 leave period, and when the employee authorizes, the difference between the amount granted pursuant to such Workers’ Compensation and the employee’s pay may be deducted from the employee’s accumulated sick and vacation leave, personal holidays, and compensatory time, if any. Thereafter, the employee may receive an unpaid leave of absence and continuation of health care benefits consistent with state and/or federal law.

10.36 PAID ADMINISTRATIVE LEAVE
The City has the right to place an employee on leave with full-pay for nondisciplinary reasons at any time when the City Manager, or designee, has determined that the employee’s and/or City’s best interests warrant the leave. The employee does not have the right to appeal the decision to be placed on administrative leave with pay. 240
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10.37 FITNESS FOR DUTY

10.37.1 General Policy
If, in the opinion of the Department Director, an employee is unable to perform the duties of her/his position for physical or psychological reasons, the Department Director shall refer that employee to the City Manager. The Department Director/Division Manager, in consultation with Human Resources, may direct an employee to attend a physical examination, at City expense, to ascertain whether the employee is fit to perform the duties of his/her position if there is significant evidence that:

1. The employee’s ability to perform one or more essential functions of his/her job has declined; or

2. Could cause a reasonable person to question whether an employee is still capable of performing one or more of his/her essential job duties, or is still capable of performing those duties in a manner that does not harm him/herself or others.

The fitness-for-duty examination is a medical assessment the results of which determine an employee’s ability to perform the duties of the position. Specific reasons for the fitness-for-duty request must be stated by the requesting official.

10.37.2 Role of Health Care Provider
The City may request the applicant’s or employee’s health care provider to conduct a fitness for duty exam on the applicant or employee, or may request a City-selected health care provider to do so at the City’s expense. The City will allow an employee paid time off to attend the exam. The City will provide the heath care provider with a letter requesting a fitness for duty examination and a written description of the essential functions of the job. The examination will be limited to determining whether the applicant or employee can perform the essential functions of his/her position and any work restrictions and/or functional limitations that apply to the applicant or employee. The 241
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health care provider will examine the employee and provide the City with non-confidential information regarding whether:

1. the applicant or employee has a disability within the meaning of the California Fair Employment and Housing Act;

2. the applicant or employee is fit to perform essential job functions;

3. workplace restrictions or functional limitations apply to the applicant or employee, and the duration of the work restrictions or functional limitations;

4. there are any reasonable accommodations that would enable the employee to perform essential job functions; and

5. the employee’s continued employment poses a threat to the health and safety of him or herself or others.

Should the health care provider exceed the scope of the City’s request and provide confidential health information, without valid consent of the applicant or employee, the City will return the report to the health care provider and request another report that includes only the non-confidential fitness for duty information that the City has requested.

10.37.3 Results of the Fitness-for-Duty Exam
If the results of the fitness-for-duty exam indicate that the employee has a disability which impacts his/her ability to perform the essential functions of his/her position, the City will engage in the interactive process with the employee to determine whether the City can provide a reasonable accommodation to the employee that would allow the employee to perform his/her duties. This may include a leave of absence, paid or unpaid. If the fitness-for-duty exam results state that the employee is cleared to return to work with no restrictions, the employee shall be returned to his/her duties. 242
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10.37.4 Confidentiality of Medical Information
During the course of a fitness for duty examination, the City will not seek or use information regarding an employee’s medical history, diagnoses, or course of treatment without an employee’s written authorization. All fitness-for-duty examination results are strictly confidential.

10.38 VOTING
The City encourages each of its employees to perform her/his civic duty and vote.

An employee may request up to two hours of paid leave either at the beginning or end of scheduled working hours if he/she does not have sufficient time outside of working hours to vote. An employee who needs time off from work in order to vote should notify her/his supervisor or the City Manager with at least three (3) working days’ notice in order to make the necessary arrangements to allow the employee to take time off to vote. Employees are encouraged to vote by mail/absentee ballot.

10.39 MILITARY LEAVE OF ABSENCE
Employees who require time off from work to fulfill military duties will be treated in accordance with applicable requirements of State and Federal laws. An employee granted military leave shall give the City Manager a copy of the orders calling him/her to military duty, which will be filed in the employee's personnel file. The military leave of absence will be unpaid and computed as part of the employee’s service with the City, except that an employee who takes a military leave of absence before the completion of her/his probationary period shall be required to complete the remaining probationary period upon return to employment. As outlined by law, upon return, the employee shall be reinstated to a position in the same classification or a classification with equivalent status, pay, benefits and other employment terms, if she/he returns to work following the military leave of absence. Under USERRA, employees and their dependents may elect to 243
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continue coverage for up to 24 months, or if earlier, up to the day after the date that they fail to apply for, or return to work within the time required by USERRA. Employee rights to continued health coverage under USERRA are similar to an employee’s rights under COBRA. Any election that employees make pursuant to USERRA will also be an election under COBRA (and vice versa), and COBRA and USERRA will both apply with respect to the continuation coverage elected. The U.S. Armed forces may also provide coverage.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protect the job rights of individuals who voluntarily or involuntarily leave employment to undertake military service or certain types of service in the National Disaster Medical System. USERRA prohibits employers from discriminating against past and present members of the uniformed services and applicants to the uniformed services. The USERRA provides for reemployment rights, the right to be free from discrimination and retaliation, and health insurance protection.

Except in cases of emergency, employees must provide notice to their supervisor or the Department Director prior to utilizing leave under this policy. Please contact Human Resources for additional information regarding your USERRA rights.

10.40 LEAVE WITHOUT PAY
Any leave without pay must be approved by the City Manager based on the operational needs and the best interests of the City. Such leave is not a right, but a privilege. Employee must make a written request stating the date of leave, the reason for the leave and the estimated duration of the leave. (Leaves of absence as accommodation for disability are not covered by this policy.) Requests for use of leave without pay will not be approved if an employee has applicable leave hours available to cover the absence.
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Benefits such as vacation or sick leave will not accrue during any leave without pay. Except for as provided elsewhere in this Manual, benefits such as health, dental, vision insurance and retirement contributions may not accrue during leave without pay, at the City Manager’s discretion.

10.41 UNAUTHORIZED ABSENCE FROM WORK
Whenever an employee is absent from work during her/his regular shift without permission or without advance notification to her/his supervisor, or without sufficient accrued leave to cover the absence, it shall be reported as an unauthorized leave of absence. Such unauthorized absence shall be considered as unpaid time off and the amount equal to the time the employee was absent without pay will be deducted from the employee’s pay to the extent provided for by law. Without extenuating circumstances, an unauthorized leave of absence is grounds termination of employment.

Non-permanent employees (e.g., external interims, intermittent, student help, and college interns) are ineligible for any benefits, including but not limited to leave benefits.

All non-permanent employees must notify and receive approval from their supervisor or Department Director in advance for all absences from work. Any non-permanent employee who is absent without proper authorization of leave without pay may be subject to discipline, up to and including termination.

An employee is considered to be on an unauthorized leave of absence if he or she fails to return to work after authorized leave of absence within the time specified.

Failure of an employee to return to work upon the termination of an authorized leave of absence is cause for termination.
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Employee Conduct

11.1 EMPLOYEE CONDUCT
The City’s goal is to provide responsive and high quality public services in partnership with our citizens celebrating our community’s rich history, cultural diversity, and pride in its prosperous future. This requires employees to take pride in their work and to ensure personally that all members of the public, as well as co-workers, receive timely, efficient and courteous responses to their needs. Accordingly, the highest standards of professional conduct are considered essential for all employees. City employees are committed to be POLITE, PROFESSIONAL and PROGRESSIVE.

11.2 PERSONAL APPEARANCE
The City strives to be a quality and well-respected organization that serves the needs of its community in a professional manner. City employees have the opportunity to reinforce this expectation by their appearance, by their actions, and by their accomplishments. The City believes in the intelligence, pride, and good taste of its employees and, as such, chooses not to impose a strict dress code. Employees are expected to demonstrate a demeanor and appearance that is professional, businesslike, neat, and clean as determined by the requirements of the area in which the employee works. Provocative, suggestive, or other inappropriate and/or offensive attire, as determined by the City Manager, is not acceptable. If employees have questions about whether particular attire is appropriate, they should immediately inquire with their supervisor for consideration and determination.

11.2.1 Casual Friday
To recognize the hard work and dedication of City employees, the City has established Fridays and the Thursdays prior to Regular Days Off (RDOs) as "Casual Dress Days.” Employees should exercise good judgment and common sense when 246
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dressing casually and take into consideration any meetings that might require more professional dress. The City Manager may at her/his sole discretion, start, stop, or otherwise regulate “Casual Friday.”

11.3 SERVICE OF PROCESS
No employee, except those specifically designated, should accept service on behalf of the City of any legal documents pertaining to work-related cases. Any such documents received should be immediately turned over to the City Clerk.

11.4 OFF-DUTY SOCIAL AND RECREATIONAL ACTIVITIES
The City may sponsor social or recreational activities for its employees. Employee attendance at these social activities is voluntary and is not work-related. Neither the City nor its insurer will be liable for the payment of worker’s compensation benefits for any injury that arises out of an employee’s voluntary participation in any off-duty recreational, social, or athletic activity that is not part of the employee’s work-related duties.

11.5 PUBLIC EMPLOYEES AS DISASTER SERVICE WORKERS
Government Code Section 3100 et seq. declares public employees as disaster service workers and requires employees to report to work (and if not possible, then to the next closest public employer) following the effects of natural, manmade, or warcaused emergencies. The City shall establish and maintain a method, or methods, of informing employees of their disaster service worker status. Employees who fail, without good cause, to honor their obligations as disaster service workers shall be subject to disciplinary action up to and including termination.

11.6 SMOKING
Smoking is not permitted in any City facility, and only in designated areas outside of a City facility. Smoking and the use of any tobacco products while in or operating 247
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any City-owned or City-leased vehicle is not permitted in accordance with California State Labor Code 6404.5.

11.6.1 AB 846 Statewide Smoke-Free Entryway Law
Employees are prohibited from smoking within 20-feet of main entrances, exits and operable windows of all City buildings.
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Employee Relations

12.1 EMPLOYEE RELATIONS PHILOSOPHY
The City is dedicated to positive employer/employee relations. The City will strive to maintain good working conditions, competitive wages and benefits, open communication, and employee involvement. The City encourages all employees to report any problems, concerns, ideas or suggestions for improvement to her/his supervisor or to the City Manager. The City is very receptive to employee concerns and is always looking for ways to make the City a better place to work.

12.2 EMPLOYEE CONCERNS
The City strives to promote open discussions regarding any problems or concerns that employees may have with their jobs or their working environment.

Employees are required to follow the “chain of command” and any employee who has a concern is to discuss the concern first with her/his supervisor and Department Director/Division Manager. If the supervisor and/or Department Director are unable to resolve the problem to the employee’s satisfaction, the employee should direct her/his concerns to the City Manager, either in person or in writing. The City Manager shall make the final decision regarding all problems and concerns raised by employees.

12.2.1 Procedure
In almost every circumstance an employee should follow the “chain of command” as outlined in Section 12.2 of this Manual; however, if for good cause an employee feels uncomfortable about reporting a matter of concern to his/her immediate supervisor, Department Director, the Human Resources Division, or City Manager, then the employee should report directly to a member of the City’s “Collective Risk Management Team.” If for good cause the individual feels uncomfortable about reporting the matter to the City’s “Collective Risk Management Team,” then the individual should report through the 249
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“Employee Reporting Line.” This number is currently 1-800-576-5262 and will be posted in the Employee Break Room. The names of the members of the CRMT will also be posted.

12.3 COLLECTIVE RISK MANAGEMENT TEAM (CRMT)
A team of at least three employees will be appointed by the City Manager to be available to review, investigate, and evaluate any workplace liability risk or wrongdoing, such as employee safety, theft, harassment, discrimination, etc. The CRMT will recommend to the City Manager appropriate corrective courses of action.

12.3.1 CRMT Activities
The CRMT receives any reports of alleged workplace wrongdoing, and categorizes the complaint into the type or types of wrongdoing, appropriately assigns the complaint to either an internal or external individual for investigation, and receives notification from the investigator that an investigation has been completed and that the investigator has notified the appropriate individuals (typically expected to be the Human Resources Department and the Department Director) as to the results of the investigation. The CRMT is to maintain confidentiality of the allegation(s) of wrongdoing, investigation(s) and investigative report(s). Discussions are to occur with and among only those individuals who have a legitimate business need to know.

The CMRT will follow City procedures for investigations of disciplinary actions, as set forth in this Manual.

12.4 EMPLOYEE GRIEVANCE
A grievance is an alleged violation of a specific provision of this Manual that adversely affects the employee and that contains all of the information required by Informal Resolution Procedure and Formal Grievance Procedure, below. The following procedure applies to all City employees, unless: the employee is covered by a grievance 250
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procedure in a memorandum of understanding; another dispute resolution procedure applies to the dispute; or a discipline policy and procedure applies. The following procedure also does not apply to employee evaluations.

Concerns regarding Management Rights as defined herein are not subject to the grievance procedure. Similarly, the grievance resolution procedures do not apply to performance evaluations, performance-based salary determinations, or disciplinary matters.

12.4.1 Reporting Time Limitation
An employee who wishes to initiate the grievance process must bring the grievance to the attention of her/his Department Director within ten (10) calendar days after the grievant knew, or reasonably should have known, of the circumstances which form the basis for the grievance. Failure to do so will waive the employee’s right to pursue the grievance.

12.4.2 Informal Resolution Procedure
To initiate informal discussion of a grievance, the employee shall provide the Department Director with a written description of the circumstances causing the grievance within the timeframe set forth in Section 12.4.1 and must indicate that in the written description that the matter is being pursued as a grievance as outlined in this Manual.

Within ten (10) calendar days after the receipt of the grievance, the Department Director and the employee shall discuss the grievance and attempt to identify a resolution of the perceived problem. Within ten (10) calendar days after the meeting, the supervisor shall provide the grievant with a written memorandum of the meeting, stating the resolution identified, if any. Employees must complete the informal resolution process prior to submitting a formal grievance.
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12.4.3 Formal Grievance Procedure
If the employee and supervisor are unable to resolve the grievance by the informal resolution procedure, the employee may request formal resolution of the grievance.

12.4.4 Written Grievance
A written grievance shall be submitted within ten (10) calendar days of the completion of the informal resolution process to the Human Resources Division, with a copy to the employee’s Department Director. The grievance shall contain the following information:

1. A description of the specific grounds of the grievance, including names, dates and places necessary for a complete understanding of the grievance;

2. A listing of the provisions of City Rules, ordinances, policies and/or procedures which are alleged to have been violated;

3. A list of all persons who are witnesses or who are involved;

4. A listing of the reasons why the immediate supervisor’s proposed resolution of the problem is unacceptable; and

5. A listing of specific actions requested of the City, which will remedy the grievance.

12.4.5 Grievance Meeting
The City Manager’s designee shall meet within ten (10) calendar days with the employee and the Department Director, separately or together, at the discretion of the City Manager’s designee, to resolve the subject of the grievance. The City Manager’s designee shall issue a written decision concerning the grievance within ten (10) calendar days from the date of the last meeting with either the employee, Department Director, or both.
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12.4.6 Appeal Process
The employee may submit a written appeal to the City Manager if the City Manager’s designee decision does not resolve the grievance to the employee’s satisfaction.

The employee appeal must be presented within ten (10) calendar days after receipt of the formal grievance decision. The appeal shall include the subject of the grievance and all supporting documents. If the City Manager is the supervisor involved in the informal grievance resolution procedure, she/he shall designate an uninvolved Department Director, or the City Attorney to hear the appeal. If no appeal has been submitted within ten (10) calendar days from the date of receiving the formal decision, the City Manager’s designee formal decision shall be considered as final.

12.4.7 Timelines
Failure of the City to comply with the time limits of the grievance procedures allows the grievant to appeal to the next level of review. Failure of the grievant to comply with the time limits of the grievance procedure constitutes a settlement and resolution of the grievance on the basis of the last disposition. The parties may extend time limits by mutual written agreement in advance of a deadline.

12.4.8 City Manager Decision
Upon receipt of an appeal of a formal grievance, the City Manager, or designee, shall discuss the grievance with the employee, the supervisor or Department Director, and any other involved parties, if any. The City Manager, or designee, shall render a formal decision in writing to the employee within ten (10) calendar days after receipt of the appeal. Such a decision shall be considered final.

12.4.9 Representation
The employee shall be entitled to one representative at the grievance meeting.

The employee and the employee’s representative may be allowed to use a reasonable 253
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amount of work time (as determined by the Department Director) for the actual meetings involved in the grievance process (not preparation time).

12.4.10 Freedom from Reprisal
The employee shall be assured freedom from reprisal or retaliation for utilizing the grievance procedure.
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Employee Discipline

13.1 DISCIPLINARY ACTION
The City Manager has the authority to take disciplinary action against any employee in accordance with the disciplinary procedures set forth in this Manual. The City Manager also has the authority to delegate this responsibility to her/his designee. The City Manager has the authority to take disciplinary action against any Management employee or any other at-will employee, at any time, with or without cause, and without affording her/him a right to appeal.

13.2 CAUSES FOR DISCIPLINARY ACTION
Disciplinary action may be taken for any just cause. Cause for disciplinary action shall include, but is in no means limited to, any of the following:

Absence without leave
Abuse of sick leave privileges, including, but not limited to use of leave from work in a manner not authorized or provided for under City policies.

Acceptance of any bribe or kickback, when it appears it was given in the hope or expectation of receiving preferential treatment
Any action that brings discredit to the City or is a direct hindrance to the effective performance of City functions
Any violation of the policies and procedures outlined in this Manual, departmental rules and policies, or any other written policies that may be prescribed by the City Being under the influence of an intoxicating beverage or non-prescription narcotic or drug while on duty or Failure to notify a supervisor, in writing, when the employee is taking prescription medication that can impair judgment or performance Breach of confidentiality
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Bringing a gun or any other dangerous weapon onto City property, unless such item is specifically required as part of the employee’s job duties Claim of leave under false pretense, or misuse of leave Conduct unbecoming of an employee of the City
Conviction of any felony or misdemeanor in State or federal court of which is reasonably-related to the individual’s position with the City Discourteous or non-cooperative treatment of the public, City elected officials or employees, City volunteers
Dishonesty or immorality on the job, including making any false representation or statement, or making any omission of a material fact;
Endangering self or others, or failure to follow adopted safety practices, or failure to properly use required personal protective gear or equipment.

Engaging in outside employment without authorization
Engaging in unlawful discrimination or unlawful sexual harassment in violation of the City’s policy and/or state and federal law
Excessive absenteeism
Excessive tardiness
Failure to cooperate in an official inquiry or investigation into an alleged violation of these Personnel Rules
Failure to immediately report a vehicle accident
Failure to obtain and maintain a current license or certificate as a condition of employment
Failure to remain on duty or return to duty after a requested leave of absence has been disapproved, revoked or canceled
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Failure to report to work as scheduled or failure to notify supervisor, in accordance with department standards, of one’s inability to report to work Favoritism
Fraud of any kind; falsification of any City application, medical history record, invoice, paperwork, time sheet, investigative questionnaire or any other City document, report or record or misstatement or untruths or omissions of any material fact in the application process or in securing appointment or promotion; or falsification or untruths concerning records, fellow employees, or work performed Improper or unauthorized use or misuse of City equipment or supplies, or damage to, or negligence in the care and handling of City property Improper political activity as defined by State law
Inattention, inefficiency, incompetence, carelessness or inexcusable negligence in the performance of duties
Incompetence or inefficiency in the performance of required duties Inducing or attempting to induce a City employee to commit an unlawful act in violation of any lawful department or official regulation or order Insubordination or failure or refusal to comply with a lawful order or to accept a reasonable and proper assignment from an authorized supervisor Less than satisfactory job performance
Misconduct, willful disobedience, or failure to obey any proper direction made and given by a superior officer or supervisor
Misuse or misappropriation of City property or funds; carelessness or negligence with the monies or other property of the City; appropriating to the employee’s own use any property of the City, or loaning, selling or giving away such property without legal authorization
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Neglect of job duties
Offensive or obscene language in public, or towards the public, City elected officials, City employees
Abusive conduct, including malicious verbal, visual or physical actions, or the gratuitous sabotage or undermining of a person’s work performance.

Outside work that creates a conflict of interest with City work, or that detracts from the efficiency of the employee in the employee's City work Reporting for duty or being on duty under the influence of any intoxicant or absenting oneself from duty or rendering oneself unfit to perform fully one’s duties for reasons attributable to or produced by intoxicants
Taking for personal use, from any person, a fee, gift or other valuable thing in connection with official work when such fee, gift or other valuable thing is given in the expectation of receiving favored treatment
Theft
Conversations in the workplace which are disruptive because of their negativity Working overtime without supervisory authorization
Violation of the City’s or a department’s confidentiality policies, or disclosure of confidential City information to any unauthorized person or entity.

Misuse of unauthorized use of any City property, including but not limited to:
physical property, electronic resources, supplies, tools, equipment, communication systems, vehicles, or intellectual property.

Any violation of the City’s personnel rules on regulations, including those found in this Manual
Any other conduct equal to the reasons enumerated above as determined by the City Manager
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This list is not to be considered all-inclusive and there may be other circumstances which employees may be disciplined for, up to and including termination.

13.3 TYPES OF DISCIPLINARY ACTION
The purpose of disciplinary action is to correct deficiencies in employee performance, to assure improvement to meet appropriate standards, to correct violations of City policies and procedures and, if necessary, to terminate employees whose misconduct is egregious or whose inadequate performance is not corrected. The types of disciplinary action that may be implemented include, but are not limited to:

13.3.1 Counseling
Counseling can include any informal discussion with the employee, which is designed to assist the employee to develop or improve her/his skills, abilities, or conduct.

The supervisor is usually the individual who counsels the employee. The purpose of counseling may be to clarify agency rules, solve a problem, or discuss particular weaknesses. Ideally, counseling will achieve the goal of remedying problems quickly before they require more severe discipline. Counseling is not subject to the disciplinary appeals process. A memo, confirming the counseling provided, will be retained in the supervisor’s file until the completion of the evaluation year, and then documented in the performance evaluation, as the supervisor deems necessary.

13.3.2 Oral Reprimand
The oral reprimand is simply a verbal (i.e., spoken) notification to the employee that her/his performance or behavior must be improved. Oral reprimands are usually given when counseling has failed or when the employee’s conduct warrants action that is more serious. The reprimand identifies the areas in which the employee must improve, establishes goals for improving and informs the employee that failure to the oral reprimand.

Oral reprimands are not subject to the disciplinary appeals process. A memo, confirming 259
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the oral reprimand, will be retained in the supervisor’s file until the completion of the evaluation year, and then documented in the performance evaluation, as the supervisor deems necessary.

13.3.3 Written Reprimand
Written reprimands are not subject to the disciplinary appeals process. A written reprimand is written direction from a supervisor to discontinue inappropriate conduct or correct a performance issue. The following procedure applies to written reprimands:

1. The supervisor shall provide a copy of the written reprimand to the employee and review the violation and the reason for the written reprimand

2. The employee must be instructed both verbally and in writing that failure to correct the identified deficiencies and improve performance to meet the City’s standards as outlined in this Manual, may result in further discipline up to and including termination

3. The employee will sign the file copy (or refusal to sign will be noted on the copy);

4. The written reprimand is placed in the employee’s personnel file

5. The employee has the right to respond in writing to the written reprimand; a copy of any response will be attached to the written reprimand in the employee’s personnel file. The written reprimand shall contain notice of the employee’s right to respond in writing.

13.3.4 Reduction-In-Pay
A reduction-in-pay is the placement of the employee in a lower salary within the employee’s current pay range. As a disciplinary action, the City may reduce an employee's pay to a lower rate within the pay range, or may withdraw increments that were granted for merit. Documents related to the reduction-in-pay shall become part of 260
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the employee’s personnel file when the reduction-in-pay is final, and documented in the performance evaluation. Reduction-in-pay is subject to the disciplinary appeals procedures described below.

13.3.5 Disciplinary Demotion
Demotion is the involuntary reduction of an employee to a lower-paying classification. The City may demote an employee when she/he has demonstrated that she/he does not have the competence or other qualifications to perform at the higher skill level. The City may also demote an employee when she/he has demonstrated a chronic inability to perform properly his/her assigned job tasks. Documents related to the disciplinary demotion shall become part of the employee’s personnel file when the reduction-in-pay is final, and documented in the performance evaluation. Disciplinary demotion is subject to the disciplinary appeals procedures described below.

13.3.6 Suspension
The City Manager may suspend an employee for cause without pay, for up to 30 calendar days per disciplinary occurrence. Suspension is considered unpaid leave; therefore, an employee will not accrue sick leave; vacation leave; insurance benefits; or CalPERS retirement contributions. Documents related to the suspension shall become part of the employee’s personnel file when the suspension is final, and documented in the performance evaluation. Suspension is subject to the disciplinary appeals procedures described below. Employees who are exempt from Fair Labor Standards Act (FLSA) overtime will only be suspended as authorized by the FLSA.

13.3.7 Termination
Regular employees shall be terminated for cause after appropriate disciplinary proceedings have been followed, in accordance with state law. If necessary, the employee may be removed from service immediately and placed on paid leave pending the 261
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completion of an investigation and/or disciplinary determination. The City Manager may terminate the employment of any management employee or any other at-will employee, at any time, with or without cause and without affording the employee a right to appeal.

At-will employees are not subject to the disciplinary procedures as outlined in this Manual.

13.4 PROCEDURES FOR TAKING DISCIPLINARY ACTION
The courts have established minimum procedural protections (due process) which public employers must provide to public employees who are subject to significant disciplinary action. These procedural protections apply to any public employee, who through the state or local agency laws, has acquired a right to be disciplined or terminated only for “good” or “just” cause. The City of Oakley will follow applicable legal requirements when taking disciplinary action.

These procedures apply to regular merit employees who are subject to termination, suspension, disciplinary demotion, or reduction in pay for disciplinary purposes. They do not apply to management employees, probationary, limited term, seasonal or other at-will employees. These employees may be disciplined or separated at will, with or without cause, and without the disciplinary procedures listed below.

13.4.1 Investigation
If appropriate, the Department Director of the employee, or another impartial third party, shall conduct an investigation into the misconduct and shall prepare a report of the findings and submit the report to the Human Resources Division. The City Attorney shall be advised of any investigation and shall provide direction to the person who is conducting the investigation.

13.4.2 Notice of Proposed Disciplinary Action
Written notice of the proposed Disciplinary Action to be imposed shall be served on a regular employee personally or sent to his/her address of record by Certified Mail 262
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not less than seven (7) working days prior to the date of the proposed action. If served by Certified Mail, such notice shall be effective and constitute receipt by the employee upon deposit in the United States Post Office.

Such formal notice shall include:

1. A statement of the nature of the Disciplinary Action to be taken;

2. A statement of the causes therefore;

3. A statement of the act(s) or omission(s) upon which the causes are based;

4. A copy of the materials upon which the Disciplinary Action is based; and

5. A statement informing the employee of his/her right to respond to the intended discipline within seven (7) days from the date of the notice, either by requesting a Skelly conference, or by providing a written response, or both.

6. A statement informing the employee of his right to have a representative of his/her choice present at all meetings related to the discipline, including the Skelly conference.

7. Notice to the employee that failure to respond by the time specified constitutes a waiver of the right to respond prior to final discipline being imposed.

13.4.3 Right to Respond - “Skelly” Process
Any regular employee shall have the right to respond, either orally or in writing, to the authority (most likely the Department Director) imposing Disciplinary Action and have the response considered prior to any final decision being made with respect to the proposed discipline.

Such a response must be made within seven (7) working days after receipt of the written notice of the proposed Disciplinary Action. Failure to respond within such 263
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period constitutes a waiver of the right to respond. However, failure to respond shall not affect the employee’s right to appeal the Disciplinary Action as provided in this Manual.

After reviewing the employee’s response, if any, the Department Director imposing discipline shall formally notify within seven (7) working days the employee in writing of his/her decision to dismiss, modify or impose the proposed discipline. If the Department Director determines to impose discipline, a final “Notice of Discipline” shall be served on the employee. The final notice of discipline shall contain the following:

1. The level of discipline, if any, to be imposed and the effective date of the discipline;

2. The specific charges upon which the discipline is based;

3. A summary of the facts that show that the elements of each charge at issue in the intended discipline are met;

4. A copy of all materials upon which discipline is based; and

5. A reference to the employee’s appeal right and deadline to appeal.

The specified discipline, if any, may be imposed when the “Notice of Discipline” is received by the employee. The final notice must be sent by a mail method that verifies delivery to the last known address of the employee, or delivered to the employee in person. If the notice is not deliverable because the employee has moved without notifying the City or the employee refuses to accept delivery, the effective date of discipline will be the date the post office or delivery service attempted delivery

13.4.4 Right of Appeal
Any regular employee shall have the right of appeal for any disciplinary action, except for counseling, oral, and written reprimands. Reclassifications, layoffs, demotions as a substitute for layoffs, changes in status due to employee’s loss of a required 264
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license or certificate, pay increases or denial of pay increases are “non-disciplinary” actions, and, as such, are not subject to appeal, but may be addressed through the City’s grievance procedure as outlined in this Manual.

An appeal must be filed in writing with the Human Resources Division within seven (7) working days of the date of service of the “Notice of Discipline”. Failure to file an appeal within such period constitutes a waiver of the right of appeal, and notice that the employee has accepted the recommended discipline. Filing a notice of appeal shall not stay the imposition of discipline.

13.5 APPEAL HEARING
Due process requires that a permanent, for cause employee receive a postdisciplinary evidentiary appeal hearing before a nonbiased hearing officer or body. The City Manager will designate the hearing officer. The City will follow applicable legal requirements when an appeal hearing is requested.

13.6 SCHEDULING THE HEARING
If the employee files a notice of appeal, an evidentiary hearing shall be arranged for by the Human Resources Division and in consultation with the City Attorney. Typically, the hearing officer shall be the Assistant City Manager or a non-affected Department Director. The hearing shall be scheduled on a mutually agreeable date , taking into account the availability of the parties and witnesses. The hearing will commence as expeditiously as it can be arranged, but no later than sixty (60) working days after receipt of the request for appeal.. The parties can mutually agree to waive this timeline.

13.6.1 Conduct of Hearing
The hearing officer shall, in the hearing officer’s good judgment, determine the procedures under which the hearing will be conducted. Such procedures shall provide “due process” and comply with the provisions of this Manual. Both the City and the 265
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employee may call witnesses and present evidence that they deem necessary and appropriate. The hearing shall be closed to the public.

13.6.2 Failure of Employee to Appear at the Hearing
Failure of the employee to appear at the hearing shall be deemed a withdrawal of her/his appeal and a waiver of the right to appeal.

13.6.3 Representation
The employee may represent herself/himself at the hearing, or be represented by counsel or another representative of his/her choice.

13.6.4 Advisory Findings of the Hearing Officer
The findings of the hearing officer shall be rendered within twenty (20) working days of the hearing, or within a reasonable time thereafter, and shall be advisory only to the City Manager. Nothing in these procedures shall be construed as to bind the City or the City Manager to any findings of the hearing officer.

13.6.5 Decision by the City Manager
The City Manager may hold an additional meeting with the employee to discuss the advisory findings, or may proceed on the record from the hearing. The City Manager shall render a written decision within twenty (20) working days after receiving the advisory findings of the hearing officer. The City Manager’s decision shall be final, conclusive, and binding on all parties. A copy of such decision shall be forwarded to the appellant.

13.6.6 No Retaliation
Retaliation or penalty against an employee requesting and participating in the appeal process will not be allowed nor will it be tolerated.

13.6.7 Reimbursement
If disciplinary action is subsequently revoked or modified by the City Manager, the employee is entitled to reimbursement for loss of pay, if applicable. Reimbursement is 266
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limited to the period between the date of initial action and the date of final decision after appeal. No reimbursement will be made for any period during which the employee was not ready and able to perform the duties of her/his position 267
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Resignation, Layoff, or
Separation from City Service

14.1 TYPES OF SEPARATION
All separations of employees from City employment are designated as one of the following types:

1. Probationary Release;

2. Release of Limited Term Part-Time and Limited Term Seasonal Employees;

3. Resignation;

4. Retirement;

5. Job Abandonment;

6. Layoff;

7. Non-Disciplinary Separation;

8. Disciplinary Separation.

Probationary Release, Release of Limited Part-Time and Limited Term Seasonal Employees; Job Abandonment; and Disciplinary Separation are addressed elsewhere in this Manual.

14.2 RESIGNATION FROM CITY SERVICE
Resignation is a voluntary separation from the City with either verbal or written notice on the part of the employee. Employees are expected to provide at least two weeks’ notice \ of resignation, and provide the effective date of the resignation . Written resignations shall be promptly forwarded to the Human Resources Division. Written resignations shall become effective upon receipt by the City, without the necessity of any acceptance, unless the employee is notified otherwise. If an employee gives verbal notice of resignation, the supervisor or the City Manager will acknowledge and accept the resignation in writing. Employees who have filed a notice of resignation are expected to be physically present and actively at work up through the effective date of resignation. 268
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Notice of resignation is final and irrevocable when given and may not be rescinded without the approval of the City Manager.

14.2.1 Failure to Notify
The failure to provide such reasonable notice shall be noted in the personnel file and may be cause for denying future employment by the City. The Department Director will confirm in writing any verbal resignation that the employee is not willing to confirm in writing.

14.2.2 Use of Accrued Leaves
No use of vacation, sick leave, administrative leave, compensatory time off, holidays, or any other paid time off in lieu of hours worked, may be used to extend an employee’s resignation date beyond the employee’s last day worked. The City Manager is authorized to waive this rule.

14.3 RETIREMENT FROM CITY SERVICE
Retirement from City service shall be subject to the terms and conditions of the City’s contract with the California Public Employees’ Retirement System (CalPERS), and consistent with state and federal law.

An employee planning to retire from the City shall provide a written notice to the Department Director, which will be forwarded to the Human Resources Division for processing. Such notice should be provided, whenever possible, at least 60 calendar days prior to the effective date of retirement. Such notice is final and irrevocable when given and may not be rescinded absent approval of the City Manager.

14.4 TERMINATION - DISCIPLINARY
An employee may be terminated based on disciplinary action pursuant to this Manual.
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14.5 RELEASE OF PROBATIONARY AND LIMITED TERM PART-TIME AND LIMITED

TERM SEASONAL EMPLOYEES
Probationary employees and Limited Term Part-Time and Limited Term Seasonal employees will be released pursuant to provisions of this Manual.

14.6 SEPARATION - NON-DISCIPLINARY
Any employee separated because of an inability to accommodate after the reasonable accommodation and interactive process is concluded, will be given a written pre-separation notice of the reasons for the separation, the evidence supporting the decision to separate for non-disciplinary reasons, and an opportunity to respond before the separation takes effect. Any for cause employee has the opportunity for a postseparation appeal as described the Disciplinary Procedures in this Manual.

14.7 LAYOFF – REDUCTION IN FORCE
An employee may be terminated via layoff by the City Manager, consistent with state and federal law, for any of the following reasons: a shortage of work; lack of funds; material change in duties or organization; in the interest of economy; to reduce the staff of any City function or the return of another City employee occupying the same position from a leave of absence.

The City Manager in consultation with the Department Director shall make reasonable efforts to give primary consideration to business necessity, not seniority, whenever reductions in force are necessary. However, Limited Term Part-Time, Limited Term Seasonal, probationary, and regular part-time employees shall be laid off before regular full-time employees. Employees shall normally be given at least thirty (30) calendar days’ notice of a proposed reduction in force, except where necessary to protect the public and carry out the City’s mission. The decision to lay off an employee(s) is not subject to any right of appeal or right to submit a grievance. 270
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14.8 RETURN OF CITY PROPERTY
A separating employee shall return all City-issued property to the appropriate department. City-issued property may include, but is not limited to: cell phones, credit cards, equipment, gas cards, identification cards, keys, key fobs, passwords (computer, voicemail) and any other City-owned property. All city-owned property must be returned prior to departure from employment. Failure to return the City’s property may delay payment of the employee’s final paycheck.

A separating employee must also complete a Form 700 “Leaving Office” form within 30 days of separation.
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Workplace Safety and
Workplace Violence Prevention Policies

15.1 WORKPLACE HEALTH AND SAFETY
It is the City’s policy to promote safety on the job. The health and well-being of its employees is foremost among the City’s priorities. The City strives to attain the highest possible level of safety and respect for persons in all activities and operations.

Safety is a state of mind and requires constant vigilance and common sense. Safety is everyone’s responsibility. For this reason, all employees are required to follow common sense safety practices and correct or report any unsafe condition to their supervisor or Department Director.

15.2 EMPLOYEE RESPONSIBILITIES
Each employee is expected to assist in maintaining safe working conditions. To this end, the City must rely upon employees to ensure that work areas are kept safe and free of hazardous conditions. Employees should be conscientious about workplace safety, including proper operating methods and known dangerous conditions or hazards.

Employees must report any unsafe conditions or potential hazards to a supervisor or their Department Director immediately, even if the employee believes the problem has been corrected. If an employee suspects a concealed danger is present on City premises, in a product, facility, piece of equipment, process, or business practice for which the City is responsible, the employee must be immediately bring the matter to the attention of a supervisor or Department Director.

15.3 SUPERVISOR/MANAGER RESPONSIBILITIES
Supervisors must arrange for the correction of any unsafe condition or concealed danger immediately and should contact the Department Director as soon as possible after 272
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notification of an unsafe condition or concealed danger. Supervisors must report all unsafe conditions or safety issues to the City Manager, even if they have been corrected.

15.4 RULES AND GUIDELINES
Periodically, the City may issue rules and guidelines governing workplace safety and health. All employees should familiarize themselves with these rules and guidelines since strict compliance will be expected. Failure to comply with the rules and guidelines regarding health and safety, or negligent work performance that endangers an employee’s or another employee’s health and safety will not be tolerated and will subject an employee to disciplinary action, up to and including termination.

15.5 MANDATORY REPORTING OF ACCIDENTS AND INJURIES
Any workplace injury, accident, or illness must be reported to a supervisor, Department Director or the City Manager as soon as possible, regardless of the severity of the injury or accident.

15.6 REPORTING REQUIREMENTS
If immediate medical attention is required, the supervisor will assist the employee(s) in obtaining medical care by referring the employee to the City’s designated occupational facility, unless the employee has designated a personal doctor.

If the injury is not a medical emergency, the supervisor will have the employee call the RN First Call service for on-the-job injuries before seeking treatment. The telephone number is 1-877-740-5017. The supervisor shall also provide the employee with the State of California Worker’s Compensation Form (DWC-1).

The supervisor must complete the Accident Investigation Report and the State of California’s Employers Report of Occupational Injury or Illness (Form 5020).

The required accident reporting forms can be found in Appendix D. 273
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15.6.1 Reporting of Job-Related Injury
An employee injured in the course of employment must report the accident IMMEDIATELY to her/his direct supervisor or to the City Manager. The supervisor is responsible for promptly submitting a statement signed by the employee and providing all details of the accident or injury using the City’s authorized form, which is attached in Appendix F.

15.7 JOB-RELATED INDUSTRIAL INJURY OR DISABILITY (WORKERS’

COMPENSATION)
City employees may be eligible to receive Workers’ Compensation benefits pursuant to State law if the employee is injured or disabled in the course of employment. To be eligible for Workers’ Compensation benefits, the injury must be a direct result of the job. Employees must report worker’s compensation injuries immediately, as set forth above. (Leaves related to job-related injuries are addressed in the leaves section of this Manual.)

15.8 WORKPLACE VIOLENCE PREVENTION POLICY
The City is committed to a workplace free from violence and the threat of violence.

Any violent or threatening conduct of any kind, whether it is directed against a coworker, manager or outside party, will not be tolerated. The prohibition against threats and acts of violence applies to all persons involved in City operations, including, but not limited to, City personnel, contract workers, temporary employees, and anyone else in the workplace. The “workplace” includes any location where City business is conducted, including vehicles and parking lots. Violations of this policy, by any individual are considered very serious and will result in disciplinary action up to and including termination.

Such violations may also lead to criminal prosecution or other legal action, as appropriate. 274
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This policy is intended to bring the City into compliance with existing legal provisions requiring employers to provide a safe workplace; it is not intended to create any obligations beyond those required by existing law.

15.9 PROHIBITED ACTS
Acts or threats of physical violence, including intimidation, violence, threats, harassment, and/or coercion, that involve or affect the City, or that occur on City property, or during the conduct of City business off of City property, will not be tolerated.

Workplace violence is any intentional conduct that is sufficiently severe, offensive, or intimidating to cause an individual to reasonably fear for her/his personal safety or the safety of her/his family, friends, and/or property such that employment conditions are altered, hostile, abusive, or an intimidating work environment is created for one or several City employees. Workplace violence may involve any threats or acts of violence occurring on City premises, regardless of the relationship between the City and the parties involved in the incident. It also includes threats or acts of violence that affect the business interests of the City or that may lead to an incident of violence on City premises. The City has zero tolerance for any conduct that references workplace violence, even if it was intended to be harmless, humorous, a prank, blowing off steam, or venting.

Threats or acts of violence occurring off of City premises that involve employees, agents, or individuals acting as a representative of the City, whether as victims of or active participants in the conduct, may also constitute workplace violence. Specific examples of prohibited conduct that may constitute threats or acts of violence under this policy taking into account the tone of voice, body language and other behavior of the employee when the threat was made, include, but are not limited to, the following:

1. Threats or acts of physical or aggressive contact directed toward another individual
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2. Direct threats or acts of physical harm directed toward an individual or her/his family, friends, associates, or property.

3. The intentional destruction or threat of destruction of City property or another employee's property, or the property of a customer or citizen.

4. Surveillance, stalking, harassing or threatening phone calls.

5. Veiled threats of physical harm or similar intimidation

6. Striking, punching, slapping or assaulting another person.

7. Fighting or challenging another person to a fight.

8. Grabbing, pinching or touching another person in an unwanted way (whether sexually or otherwise).

9. Engaging in dangerous, threatening or unwanted horseplay

10. Possessing a weapon during work hours or at the worksite (as defined above), including parking lots or other exterior premises, unless the City issues the weapon(s) for performance of the job. “Weapon” is defined as a firearm, chemical agent, club or baton, knife, or any other device, tool, or implement that can cause bodily harm if used as a weapon or displayed in such a manner to cause harm or threaten a person with harm.

11. Any conduct resulting in the conviction under any criminal code provision relating to violence or threats of violence that adversely affects the City's legitimate business interests
Workplace violence does not refer to occasional comments of a socially acceptable nature.

These comments may include references to legitimate sporting activities, popular entertainment, or current events. Rather, it refers to behavior that is personally offensive, threatening, or intimidating.
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15.10 ENFORCEMENT

15.10.1 Notification by Employees
No employee should have to tolerate violence or the threat of violence on the job. Anyone who is the victim of any violent, threatening or harassing conduct, or who observes such conduct taking place (whether or not the perpetrator is a City employee), shall immediately report the conduct to her/his supervisor, Department Director, or to the City Manager. All complaints will be handled confidentially and will be thoroughly investigated. The supervisor or Department Director will immediately report to the City Manager.

15.10.2 Investigation
The City Manager or designee, will document the incident, including the employee name(s), date/time, location, incident description, witness names and statements, description of unidentified parties, description of the act(s) and/or behavior arising from the incident, action taken, and provide any other relevant information. The City Manager or designee will make the sole determination of whether, and to what extent, threats or acts of violence will be acted upon by the City. In making this determination, The City may undertake a case-by-case analysis and evaluation in order to ascertain whether there is a reasonable basis to believe that workplace violence, or the threat of violence, has occurred or might occur.

15.10.3 Steps to Provide Security
The City Manager will take additional steps to provide security such as:

1. Placing the employee alleged to have engaged in workplace violence on administrative leave, pending investigation;

2. Asking any threatening or violent person to leave the site; or

3. Immediately contacting an appropriate law enforcement agency. 277
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Under this policy, decisions may be needed to prevent a threat from being carried out, a violent act from occurring, or a life-threatening situation from developing. No existing policy or procedure of the City should be interpreted in a manner that prevents the making of these necessary decisions.

15.10.4 City Response to Violation of Workplace Violence Policy Once a threat has been substantiated, it is the City's policy to put the threatmaker on notice that she/he will be held accountable for her/his actions. The Department Director will then implement a decisive and appropriate response. A judgment will be made by the City as to what actions are appropriate, including possible medical evaluation and/or disciplinary actions, up to and including termination. Where appropriate, the City may seek criminal prosecution or cooperate with law enforcement officials.

15.10.5 Prevention
Each Department Director has the authority to enforce this Policy by:

1. Training supervisors and subordinates about their responsibilities under this Policy;

2. Assuring that reports of workplace violence are accurately and timely documented and addressed;

3. Notifying the City Manager and/or law enforcement of any incidents;

4. Making all reasonable efforts to maintain a safe and secure workplace; and

5. Maintaining records and follow up actions as to reports of workplace violence. 278
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Harassment and Discrimination
Prevention Policies
The City of Oakley strives to provide a professional work environment where all employees can work together comfortably and productively, free from harassment, discrimination, and retaliation on the basis of one’s membership in a protected class.

The City is committed to providing a workplace free of sexual harassment. While the legal standards and consequences of harassment, discrimination, and retaliation are still evolving, the City’s policy has been and remains more all-encompassing than the law requires. The City’s policy rests on the fundamental precept that each individual treat all others with respect, dignity, and professionalism. Deviation from that fundamental precept will not be tolerated. Whether or not the individual means to offend or believed her/his comments or conduct was welcome is not significant. The City’s workplace is not limited to the City’s facilities, but may also include client and vendor facilities, as well as anywhere a City business-related function is taking place.

The City is responsible for taking all reasonable steps to prevent harassment, discrimination and retaliation. It is also the policy of the City to provide a procedure for investigating alleged harassment, discrimination and/or retaliation in violation of this Policy. Any retaliation against a person for filing a complaint or participating in the complaint investigation or resolution process is prohibited. Individuals found to be retaliating in violation of this Policy will be subject to appropriate disciplinary action.

Investigation guidelines for the informal and formal process for resolving sexual harassment/discrimination complaints are located in Appendix G of this Manual.

The good faith actions of supervisors intended to provide employee discipline, such as deficiency notices, performance evaluations, oral warnings, reprimands, and other supervisory actions intended to promote positive performance do not constitute harassment. 279
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16.1 COVERED INDIVIDUALS AND SCOPE OF POLICY
This Policy protects employees regardless of rank or title, elected or appointed officials, applicants, volunteers, and interns (including unpaid interns). Supervisors, coworkers and third-parties are prohibited from engaging in harassment, retaliation, or any other behavior which violates this Policy. Employees have an obligation to comply with this Harassment and Discrimination policy. Failure to do so may result in disciplinary action up to and including termination.

This Policy applies to all terms and conditions of employment, internships, and volunteer opportunities, including but not limited to selection, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.

16.2 DEFINITIONS

16.2.1 Protected Classification
This Policy prohibits harassment and discrimination based on an individual’s protected classification. “Protected classification” includes: race/color, national origin/ancestry, sex (including gender, gender identity, and gender expression), religious creed (including all aspects of religious belief, observance, and practice, including religious dress and grooming), age, mental or physical disability, veteran status, medical condition, marital status or status as a registered domestic partner, sexual orientation, citizenship status (including a driver’s license issued to undocumented persons), pregnancy (including, medical conditions related to pregnancy or childbirth, and breastfeeding, or medical conditions related to breastfeeding), and any other consideration made unlawful by federal, state, or local law.

Oakley City CouncilFebruary 22, 2022

Oakley City Council
February 22, 2022