Oakley City Council
May 24, 2022

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, May 24, 2022
6:30 PM
Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561 MISSION STATEMENT: The City of Oakley will create a resilient future that fosters and attracts a vibrant and evolving community that welcomes and values all people.

VISION STATEMENT: The City of Oakley celebrates our unique Delta lifestyle and small-town feel where we Live in a safe, dynamic community, Work together to build the future, and Play in our own backyard.

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.

The City of Oakley provides social media options to stay connected to City Hall through Facebook, Twitter, Next Door and Instagram. Other opportunities to connect with City Hall include Engage In Oakley, Oakley OnDemand on the city's website; and by emailing [email protected].

If you have a physically challenging condition and require special accommodations, please call the City Clerk’s office at (925) 625-7000.
1 Please keep cell phones/electronic devices turned off during the meeting. Please be advised that City Council meetings are video recorded and attendees may appear on video.

Information Regarding Public Comment
Members of the public may address the Council on items of interest that are within the City’s jurisdiction. In compliance with State law, the council may not take actionor have discussion on any item that is not specifically listed on the agenda. Public comment on items not listed on the agenda will be heard under the Public Comments section of the agenda. Public comments on items listed on the agenda will be heard as the Mayor calls the items. 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 seated in the Council Chamber prior to the agenda item being called. The Mayor will call you by name to the podium to hear your comment.

PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES.

Online public comments are accepted until 5 p.m. the day of the meeting and can be submitted at https://www.ci.oakley.ca.us/online-public-comment-card/.

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

1.2 Pledge of Allegiance to the Flag (Riley- Girl Scout Troop 33790, Reagan-Girl Scout Troop 33787)

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

3.CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority with one single action. Members of the audience, Staff or the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor remove the item. Members of the public should submit any Speaker Cards related to the Consent Calendar in advance of the Consent Calendar being considered.
2 3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency/Public Financing Authority Meeting held May 10, 2022 (Libby Vreonis, City Clerk)
Minutes 05-10-22

3.2 Adopt a Resolution Amending the 2022 City Council Appointment List (Libby Vreonis, City Clerk)
Staff Report

1. Proposed Amended 2022 City Council Committee Appointment List

2. Resolution Amending the 2022 City Council Committee Appointment List

3.3 Waive the First Reading and Introduce an Ordinance amending Title 7 (Building & Housing Regulations) Chapter 7.1.102 of the Oakley Municipal Code to adopt by reference the 2019 Edition of the California Fire Code, California Code of Regulations, Title 24, Part 9, as amended by Contra Costa Fire Protection District Ordinance 2019-37, including Findings. (Brent Smith, Community Development Director)
Staff Report

1. Fire Code Ordinance

2. Exhibit A – Ordinance 2019-37 with Findings

3. Draft Ordinance

3.4 Consideration of a Resolution in Support of Ensuring the Health and Sustainability of the Sacramento-San Joaquin Delta (Felicia Escover, Assistant to the City Manager)
Staff Report

1. Resolution

4.PUBLIC HEARINGS

5.REGULAR CALENDAR

5.1 Consideration of a Resolution Establishing a Reward Fund for Information Leading to the Location of 24-year old Oakley Resident Alexis Gabe (Joshua McMurray, City Manager)
Staff Report

1. Resolution

5.2 Adopt a Resolution approving the Oakley Police Association Memorandum of Understanding (Jeri Tejeda, Human Resources Director)
3 Staff Report

1. Resolution

2. Memorandum of Understanding

3. 2022/2023 Salary Schedule

4. Staff Presentation

5.3 General Overview of the Fiscal Year (FY) 2022/23 Capital Improvement Program (CIP) and Budget (Joshua McMurray, City Manager, Kevin Rohani, P.E., Public Works Director/City Engineer, Tim Przybyla, Finance Director) Staff Report

1. Powerpoint Presentation

2. Project Summary

6.REPORTS

6.1 CITY MANAGER
(a) City Manager

6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE

SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY
(a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency
(b) Requests for Future Agendas

7.WORK SESSION

7.1 Work Session #2 to Discuss Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage (Ken Strelo, Planning Manager) Staff Report

1. Notice of Work Session

2. Staff Report from July 13, 2021 Work Session

3. Staff Report from September 28, 2021 Public Hearing

4. Checklist of Draft Performance and Operation Standards

8.CLOSED SESSIONS

9.ADJOURN
4 5
Minutes of Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority held
May 10, 2022
Mayor Randy Pope called the meeting to order at 6:30 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Mayor Aaron Meadows and Councilmembers Anissa Williams, George Fuller and Sue Higgins were also in attendance.
1) 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

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

1.3 Proclamation Recognizing May 15-21, 2022 as National Police Week Mayor Pope presented the proclamation to Chief of Police Paul Beard.

1.4 Proclamation Recognizing May 15-21, 2022 as National Public Works Week The proclamation was made part of the meeting record.

1.5 Update from Diablo Water District (Dan Muelrath, General Manager) Dan Muelrath, General Manager of Diablo Water District (DWD), provided a PowerPoint presentation.
2) PUBLIC COMMENTS
None.
3) CONSENT CALENDAR

3.1 Approve Minutes from the Special City Council Meeting held March 31, 2022 (Kim Snodgrass, Deputy City Clerk)

3.2 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency and Special Public Financing Authority Meeting held April 26, 2022 (Libby Vreonis, City Clerk)

3.3 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney) 6 3.4 Waive the Second Reading and Adopt an Ordinance Making Findings and Adopting a Mitigated Negative Declaration and Rezoning two Parcels Comprised of Approximately 10.6 Acres Located at 463 Honey Lane (APN 033-030-028) and 560 Honey Lane (APN 033-030-032) From Single Family Residential (R-6) District to Planned Unit Development (P-1) District for the Project Titled “Honey Creekside Subdivision 9579” (RZ 03-21) (Ken Strelo, Planning Manager)

3.5 Acceptance of work associated with Capital Improvement Project Number 257 – Fiscal Year 2021/22 Curb, Gutter and Sidewalk Repair and Replacement Project (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.6 Acceptance of Work Associated with Capital Improvement Project (CIP) Number 264 - Main Street/Cypress Road Intersection Repair and Resurfacing Project (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.7 Acceptance of Work Associated with Capital Improvement Project (CIP) Number 272 - Legless Lizard Preserve Fence Project (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.8 City of Oakley Quarterly Investment Report (3rd Quarter FY 2021/22) (Tim Przybyla, Finance Director)

3.9 City of Oakley as Successor Agency to the Oakley Redevelopment Agency - Quarterly Investment Report (3rd Quarter FY 2021/22) (Tim Przybyla, Finance Director)

3.10 Two Resolutions Initiating the Fiscal Year 2022-23 Oakley Street Lighting and Landscape Assessment District No. 1 proceedings; initiating the process and declaring the intention to levy and collect assessments, and setting June 14, 2022 as the date for the Public Hearing (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.11 Adopt A Resolution Amending the 2021-2022 Salary Schedule to include the addition and replacement of specific job classifications (Jeri Tejeda, Human Resources Director)

3.12 Adopt A Resolution Accepting Grant Deed for Certain Parcel of Property More Particulary Described as Contra Costa County APN 041-240-044 (Derek Cole, City Attorney)

3.13 Creating Zone 183 within the Oakley Special Police Tax Area consisting of the 3350 Main Street project located at the northwest corner of Main Street and Norcross Lane (Kevin Rohani, P.E., Public Works Director/City Engineer)
7 Councilmember Fuller pulled item 3.2.

It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0)
Item 3.2
Councilmember Fuller requested the April 26, 2022 minutes be amended to include that Supervisor Burgis offered to work as a partner with the City regarding the library before he accepted her offer. He mentioned he feels it is important that she should receive credit for reaching out.

It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to approve the minutes as amended. AYES: Fuller, Meadows, Pope, Williams.

ABSTENTION: Higgins. (4-0-1)
4) PUBLIC HEARINGS
None.
5) REGULAR CALENDAR

5.1 American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds Update – Additional Allocation Recommendations and Request to Establish an Ad-Hoc Committee to Review ARPA Nonprofit Grant Applications (Joshua McMurray, City Manager)
City Manager Joshua McMurray presented the staff report.

Fire Hydrant Maintenance
Vice Mayor Meadows requested clarification why the City is funding the DWD fire hydrant replacement, he expressed he doesn’t feel it is the City’s responsibility to maintain DWD infrastructure, and he inquired where the fire hydrants are located in Oakley.

Councilmember Higgins requested clarification where the fire hydrants are located.

Mr. McMurray explained DWD is a special district which did not receive ARPA funding and this funding will support public safety in that it will help repair fire hydrants.

Mr. Muelrath explained there is no record of ownership of the fire hydrants located in the Downtown area around 2nd Street for the past 50-60 years, this one-time helps DWD repair them sooner than the normal budget process to ensure safety of residents, DWD inherited a cost of $5-6 million, it committed to the fire department it would be done in a 8 5-year period, and DWD has built remaining cost in their rate structure for all future years.

CIP 249-Recreation Center Emergency Generator Project
Mayor Pope requested to incorporate an emergency radio repeater into the emergency back-up generator.

Vice Mayor Meadows requested clarification if it his hooked up yet.

Mr. McMurray indicated staff will look into whether or not an emergency radio repeater can be included in this cost or if it will need to come back for allocation. He mentioned the generator is not hooked up but they will be able to install without PG&E so they should have a quicker process than the emergency generator at City Hall that requires PG&E involvement.

Councilmember Fuller requested all of the projects come back to the Council for discussion rather than splitting them up.

Ad Hoc Committee to Review Non-Profit Grant Applications Councilmembers Williams and Higgins agreed to be on the ad hoc committee.

Councilmember Fuller moved to approve the allocation recommendations without an ad hoc committee, rather prioritization of non-profits will be completed by staff. The motion died for lack of a second.

Vice Mayor Meadows moved to approve the allocation recommendations excluding the fire hydrant allocation and including the ad hoc committee. The motion died for lack of a second.

It was moved by Councilmember Higgins and seconded by Councilmember Williams to approve the allocation recommendations as written (including the ad hoc committee).

A roll call vote was taken as follows: AYES: Fuller, Higgins, Pope, Williams. NOES:

Meadows. (4-1)

5.2 A Resolution of the City of Oakley City Council Making Findings and Denying the Project Known as "Quick Quack Car Wash at Laurel Plaza Conditional Use Permit (CUP 02-20) and Design Review (DR 08-20)" Located in the Laurel Plaza Shopping Center on the Northwest Corner of Laurel Road and O’Hara Avenue (APN 035-510-009)
(Derek Cole, City Attorney)
City Attorney Derek Cole presented the staff report. He mentioned for the record that although the public hearing closed, public comments are still allowed under the Brown Act.
9 Mayor Pope called for public comments.

There being no public comments, Mr. Cole requested the record reflect that no comments were received from the applicant and the applicant is not required to submit comments.

It was moved by Councilmember Williams and seconded by Councilmember Fuller to adopt the resolution, AYES: Fuller, Higgins, Pope, Williams. NOES: Meadows. (4-1)

5.3 Special Event Beer and Wine Concessions Selection from RFP (Lindsey Bruno, Recreation Director)
Vice Mayor Meadows recused himself.

Recreation Director Lindsey Bruno presented the staff report.

Councilmember Fuller expressed he is not a fan of alcohol at City events and understands this is a fundraiser. He requested if approved, he would like to keep it to 1 year. He requested the RFP be advertised to all non-profits and perhaps to a Board or consortium of NGOs.

Councilmember Williams supported allowing the Rotary to handle the events, she suggested the Rotary mentor other non-profits how to run the concessions, and she expressed she would rather have alcohol sold and monitored than brought into the events by attendees.

Councilmember Higgins requested clarification if Rotary gets to handle all Friday Night Bites events as it did the previous event.

Mr. McMurray suggested they could do a separate RFP for Friday Night Bites.

Ms. Bruno explained the organizer of Friday Night Bites has been looking for a beer truck since the beginning of the pandemic and cannot locate one, the City cannot apply for a license to sell alcohol, and the Rotary has offered to do it.

Rotary President Hugh Henderson expressed they hoped there would be more interest to share some of the events, but they are willing to handle all four events and to have other non-profits shadow them. He shared their intent is not to take it on forever and any proceeds will go back into the community.

Greg Robinson with the Rotary welcomed other non-profits to train with them and agreed that alcohol sales are more regulated this way.

Mayor Pope requested signage at the booth how non-profits can participate next year.

He mentioned the non-profit roundtable Supervisor Burgis started when she was on the Oakley City Council could be a good resource to tap into. He agreed with comments 10 made by Councilmember Fuller regarding alcohol sales at family events and expressed he does not want it to create a problem.

Ms. Bruno shared the same email list for the non-profit roundtable was used.

It was moved by Councilmember Higgins and seconded by Councilmember Williams to select the Rotary for the four events stated in 2022. AYES: Fuller, Higgins, Pope, Williams. ABSTENTION: Meadows. (4-0-1)

5.4 Adopt a Resolution Approving Action Minutes for Meetings (Libby Vreonis, City Clerk)
City Clerk Libby Vreonis presented the staff report.

Councilmember Williams expressed support for action minutes but also expressed concern regarding technology issues with meeting video. She inquired if meeting video will exist in perpetuity and if it can be placed on YouTube.

Mrs. Vreonis explained the Council can request that staff include in the resolution that summary minutes or lengthy summary minutes be prepared in the event the meeting video is unavailable, the meeting video is currently retained for 2 years in accordance with the City’s retention schedule, and she can look into whether or not the video can exist on YouTube.

Councilmember Fuller inquired if transcription is available and how that may impact the workload. He agreed with Councilmember Williams to have video available longer, possibly 10 years, with a transcript.

Mrs. Vreonis shared she has utilized transcription but whether using that or taking notes during meetings and finalizing them later, it is taking 2-3 business days to prepare the minutes when nearing 30 pages, about the same workload.

Vice Mayor Meadows requested clarification if action minutes would make it easier to prepare minutes.

Mrs. Vreonis confirmed that is correct.

Mayor Pope echoed Councilmember Williams’ comments regarding technology and if it is not working, he suggested the meeting be postponed. He expressed he is in favor of action minutes because lengthier minutes may not catch the essence, but it is not an issue with the video. He mentioned he does not believe storage is an issue with technology today and indefinite retention should not be an issue. He expressed he is in favor of cross posting to YouTube or other platforms.

Councilmember Fuller requested more information regarding action minutes.

Mrs. Vreonis referred him to the first attachment in the staff report showing an example of action minutes from the City of Martinez.
11 Councilmember Fuller expressed it would be different from type of minutes he prefers which is the type taken now.

It was moved by Councilmember Higgins to adopt the resolution including a provision for lengthy summary minutes if video is unavailable.

Councilmember Williams amended the motion to include having meeting video available on YouTube or other platforms.

Councilmember Higgins accepted the amendment.

Councilmember Fuller commented YouTube provides closed captioning and a transcript and recommended that be included.

Councilmember seconded the motion with her amendment and Councilmember Fuller’s recommendation included. Motion was unanimous and so ordered. (5-0) 6) REPORTS

6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray announced the Taste of Oakley is sold out and will be held May 14, 6 p.m.-8 p.m. at the Oakley Recreation Center and Oakley’s Got Talent will be held May 21, beginning at 7 p.m. at the Oakley Recreation Center. He also announced the Housing Element-Affordable Housing survey is available online through the City’s website through May 27.

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 Higgins announced Stand Up on the Delta will be held June 3-5 at the Contra Costa Fairgrounds and is geared to the public with a focus on Veterans. She reported she attended the Tri-Delta meeting and Jeanne Krieg was named CalTrans’ Small Operator Transit Professional of the Year, the Out of the Darkness walk will be held in October which she is bringing up since May is mental health month, Station 55 will have its ribbon-cutting June 1 at 10 a.m., and the Lions Club will be serving beer at the Contra Costa Fair May 12 and 15.

Councilmember Fuller reported he attended the Planning Commission meeting where Shannon Shaw was selected as Chair. He introduced her in the audience. He also reported as ECCFPD consolidates with CCCFPD Chief Helmick has expressed we are safe and will receive enhanced service with consolidation. 12 (b) Requests for Future Agendas
Mayor Pope requested staff look into a strong sideshow ordinance for the City to have its own mechanism of civil and administrative actions (i.e., vehicle impound or seizure) to control activities in house rather than relying on the District Attorney who may or may not file charges.

Councilmembers Williams and Fuller supported it. Councilmember Fuller suggested it include a misdemeanor charge for violations to provide teeth to the ordinance. 7) WORK SESSIONS

7.1 Fiscal Year 2022/2023 Budget Workshop (Tim Przybyla, Finance Director) Finance Director Tim Przybyla presented the staff report and PowerPoint presentation.

Councilmember Fuller inquired how much the City will collect in total revenue for the year.

Mr. Przybyla explained the figures haven’t yet been put together, but it will be higher than the General Fund amount. He shared they are adding Strategic Plan objectives and measures this year to tie back into Strategic Plan goals. 8) CLOSED SESSION
None.
9) ADJOURN
There being no further business, the meeting was adjourned at 8:10 p.m.

Respectively Submitted,
Libby Vreonis
City Clerk
13 STAFF REPORT
Approved and Forwarded to the City Council
DATE: May 24, 2022
TO: Joshua McMurray, City Manager
FROM: Libby Vreonis, City Clerk
SUBJECT: Adopt a Resolution Amending the 2022 City Council Committee Appointment List
Summary and Background
During its meeting held December 2021, the City Council approved the 2022 City Council Committee Appointment List. The List provides the local and regional committees each Councilmember serves. Some changes have occurred since the list was adopted. An amended list may be adopted to reflect those changes.

Vice Mayor Meadows and Councilmember Fuller are currently shown as serving on the You, Me, We=Oakley! Project Committee. This program/committee is in abeyance. Staff recommends removing the committee from the list.

Councilmember Williams is currently serving as the Planning Commission representative on the TRANSPLAN committee. She suggested at the time the list was approved that a Planning Commissioner may wish to have an opportunity to assume the position once the Planning Commission becomes active. The first Planning Commission meeting was held May 3, 2022. Amending the list to remove Councilmember Williams from the position will allow staff to bring forth a recommendation to the Planning Commission during its next meeting to be held June 7, 2022, to appoint a Planning Commissioner to the position.

During its meeting held May 10, 2022, the City Council appointed Councilmembers Higgins and Williams to the Ad Hoc Non-Profit Grant Proposal Review Subcommittee.

This subcommittee has been added to the list and reflects their appointments.

In addition, Councilmember Higgins’ appointment to the Ad Hoc Fire District Subcommittee was inadvertently excluded from the previously adopted list and has been added to the proposed amended list.
14 Consistency with the Oakley Strategic Plan 27+
Council engagement with community partners is consistent with the Community and Collaborative Partnerships Goal in the Oakley Strategic Plan 27+.

Fiscal Impact
None.

Recommendation
Staff recommends that the City Council adopt a resolution amending the 2022 City Council Committee Appointment List.

Attachments

1. Proposed Amended 2022 City Council Committee Appointment List

2. Resolution Amending the 2022 City Council Committee Appointment List 15 2022 City Council Committee Appointment List
Higgins, Sue
Tri-Delta Transit
Ad Hoc Fire District Subcommittee
Ad Hoc Non-Profit Grant Proposal Review Committee
Pope, Randy
CCC Mayors Conference
East County Mayors and City Managers
CalCities East Bay Division, Voting
Habitat Conservation Plan Exec. Committee/HCP Conservancy Ad Hoc Parks Subcommittee
Ad Hoc Agricultural Conservation Subcommittee
MCE Board, Alternate
Meadows, Aaron
East County Mayors and City Managers, Alternate
CCC Mayors Conference, Alternate
TRANSPLAN/ECCRFFA/St. Route 4 Bypass (CC Rep)
MCE Board
Ad Hoc Project Labor Subcommittee
Ad Hoc Parks Subcommittee
Ad Hoc Agricultural Conservation Subcommittee
You, Me, We Oakley Project Committee
Oakley Inter-agency Subcommittee (Public School Liaison) Williams, Anissa
Tri-Delta Transit
Oakley Inter-agency Subcommittee (Public School Liaison) Ironhouse Sanitary District Liaison
Ad Hoc Fire District Subcommittee
TRANSPLAN (PC rep)
ABAG, Alternate
Ad Hoc Non-Profit Grant Proposal Review Committee
Fuller, George
Diablo Water District Liaison
You, Me, We Oakley Project Committee
CalCities East Bay Division, Alternate
ABAG, Voting
East Bay Leadership Council (liaison)
East Contra Costa Fire Protection District Board (liaison) Formatted: Font color: Red
Formatted: Font color: Red
16 Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY AMENDING THE 2022 CITY COUNCIL COMMITTEE APPOINTMENT LIST
BE IT RESOLVED by the City Council of the City of Oakley that the 2022 City Council Committee Appointment List attached as Exhibit A is hereby amended.

PASSED, APPROVED AND ADOPTED this 24th day of May, 2022 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
____________________ _____
Libby Vreonis, City Clerk Date
17 STAFF REPORT
Approved and Forwarded to the City
DATE: May 24, 2022
TO: Joshua McMurray, City Manager
FROM: Brent Smith, Community Development Director
SUBJECT: An ordinance of the City Council of the City of Oakley amending Title 7 (Building & Housing Regulations) Chapter 7.1.102 of the Oakley Municipal Code to adopt by reference the 2019 Edition of the California Fire Code, California Code of Regulations, Title 24, Part 9, as amended by Contra Costa Fire Protection District Ordinance 2019-37, including Findings.

Summary
This item is to update the City of Oakley Municipal Code’s Building and Housing provisions to incorporate by reference the Contra Costa County Fire Protection District’s Ordinance that adopts the 2019 California Fire Code with amendments for it to be in effect upon consolidation of the East Contra Costa Fire Protection District and the Contra Costa County Fire Protection District on July 1, 2022.

Background
Like all cities in California, Oakley is responsible for enforcing the 12-part California Building Standards Code, which includes part 9, the California Fire Code. Unless a city specifically adopts the California Building Standards Code every three years when they are updated by the State of California, the “codes” become effective automatically without amendments and certain appendices. When certain findings are made, cities are allowed to amend the California Building Standards Code.

Effective July 1, 2022, the East Contra Costa Fire Protection District will be consolidated with the Contra Costa County Fire Protection District (CCCFPD). The City needs to adopt CCCFPD’s fire code for CCCFPD to be able to provide services to the City of Oakley and exercise its authority in the fire code. The proposed ordinance adopts, by reference, the 2019 California Fire Code with amendments as adopted by CCCFPD Ordinance 2019-37.

Findings
Health and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change the statewide codes and establish more restrictive building standards 18 Subject: Ordinance amending Title 7 of the OMC, to adopt the 2019 California Fire Code.

Date: May 24, 2022

if the jurisdiction finds that the modifications and changes are reasonably necessary because of local conditions that are climatic, geographical, or topographical. Under this authority, the Contra Costa County Board of Supervisors, in its capacity as the Board of Supervisors and the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, has adopted more restrictive standards because of certain local climatic, geological, and topographic conditions. The County’s findings in support of the amendments to the Fire Code are included with this staff report as well as the County’s Ordinance No. 2019-37.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health & Safety Goal for the City to protect our public and prioritize safe streets, healthy neighborhoods, and robust community resources to benefit our most valued assets – our people.

Fiscal Impact
None.

Staff Recommendation
Staff recommends that the City Council waive the first reading and introduce the ordinance.

Attachments

1. Fire Code Ordinance

2. Exhibit A – Ordinance 2019-37 with Findings

3. Draft Ordinance
19 CONTRA COSTA COUNTY, CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT,

AND CROCKETT-CARQUINEZ FIRE PROTECTION DISTRICT
FINDINGS IN SUPPORT OF AMENDMENTS TO THE 2019 CALIFORNIA BUILDING STANDARDS CODE, TITLE 24, PART 9, CALIFORNIA FIRE CODE
The California Building Standards Commission has adopted and published the 2019 California Fire Code. The purpose of the code is to regulate and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises.

Health and Safety Code section 17958.5 and 18941.5 authorize a local jurisdiction to modify or change the statewide codes and establish more restrictive building standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological, or topographical conditions.

Ordinance No. 2019-37 adopts the 2019 California Fire Code and amends it to address local conditions. Pursuant to Sections 17958.5 and 17958.7 of the Health and Safety Code, the Contra Costa County Board of Supervisors, in its capacity as the Board of Supervisors and the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, finds that the more restrictive standards contained in Ordinance No. 2019-37 are reasonably necessary because of certain local climatic, geological, and topographic conditions that are described below.

Local Conditions
A. Climatic

1. Precipitation and Relative Humidity
(a) Conditions
Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. 96% of precipitation falls during the months of October through April and four percent from May through September. This is a dry period of at least five months each year.

Additionally, the area is subject to occasional drought. Relative humidity remains in the middle range most of the time. It ranges from 45-65% during spring, summer, fall, and from 60-90% in the winter. It occasionally falls as low as 15%.
(b) Impact
Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush, and weeds, which are often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely.
20 Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings by means of radiation or flying brands, sparks, and embers. A small fire can rapidly grow to a magnitude beyond the control capabilities of the Fire District resulting in an excessive fire loss.

2. Temperature
(a) Conditions
Temperatures have been recorded as high as 114° F. Average summer highs are in the 90° range, with average maximums of 105° F. (b) Impact
High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building and wildland fires.

Another impact from high temperatures is that combustible building material and non-irrigated weeds, grass, and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials. This requires that more water be applied, which in turn requires more Fire District resources in order to control a fire on a hot day. High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the Fire District.

3. Winds
(a) Conditions
Prevailing winds in the area are from the south or southwest in the mornings and from the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 14 mph to 23 mph ranges, gusting to 25 to 35 mph. 40 mph winds are experienced occasionally and winds up to 55 mph have been registered locally. During the winter half of the year, strong, dry, gusty winds from the north move through the area for several days creating extremely dry conditions.
(b) Impact
Winds such as those experienced locally can and do cause fires, both interior and exterior, to burn and spread rapidly. Fires involving nonirrigated weeds, grass, and brush can grow to a magnitude and be fanned to intensity beyond the control capabilities of the Fire District very quickly even by relatively moderate winds. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. When such 21 fires are not controlled, they can extend to nearby buildings, particularly those with untreated wood shakes or shingles. In building fires, winds can literally force fires back into the building and can create a blow torch effect, in addition to preventing “natural” ventilation and cross-ventilation efforts.

Winds of the type experienced locally also reduce the effectiveness of exterior water streams used by the Fire District on fires involving large interior areas of buildings, fires which have vented through windows and roofs due to inadequate built-in fire protection and fires involving wood shake and shingle building exteriors. Local winds will continue to be a definite factor towards causing major fire losses to buildings not provided with fire resistive roof and siding materials and buildings with inadequately separated interior areas or lacking automatic fire protection systems. National statistics frequently cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred.

B. Geological and Topographic

1. Seismicity
(a) Conditions
Contra Costa County is located in Seismic Risk Zone 4, which is the worst earthquake area in the United States. Buildings and other structures in Zone 4 can experience major seismic damage. Contra Costa County is in close proximity to the San Andreas Fault and contains all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults. A 4.1 earthquake with its epicenter in Concord occurred in 1958, and a 5.4 earthquake with its epicenter also in Concord occurred in 1955.

The Concord and Antioch faults have a potential for a Richter 6 earthquake and the Hayward and Calaveras faults have the potential for a Richter 7 earthquake. Minor tremblers from seismic activity are not uncommon in the area.

The fire environment of a community is primarily a combination of two factors: the area’s physical geologic characteristics and a historic pattern of urban-suburban development. These two factors, alone and combined, create a mixture of environments which ultimately determines the area’s fire protection needs. The Fire District has 3 distinct areas. They are: the West, which includes the City of San Pablo and the communities of North Richmond, El Sobrante, and East Richmond Heights: the Central, which includes the Cities of Lafayette, Martinez, Pleasant Hill, Concord, Walnut Creek, Clayton, and the communities of Clyde, Pacheco, Alhambra Valley, and Alamo; and the East, which includes the Cities of Antioch and Pittsburg and the community of Bay Point.
22 Because of the size of the Contra Costa County Fire Protection District (304 square miles), the characteristics of the fire environment changes from one location to the next. Therefore the District has not one, but a number of fire environments, each of which has its individual fire protection needs from two major oil refineries, to heavy industrial facilities, freeways, rail lines, waterways, port facilities, wildland areas, urban and suburban town settings, and major downtown areas.

Interstates 80 and 680, State Highways 4, 24, and 242, Bay Area Rapid Transit District (BART), and major thoroughfares travel throughout the District. There are 2 major rail lines which run through the District. An overpass or underpass crossing collapse would alter the response route and time for responding emergency equipment. This is due to the limited crossings of the major highways and rail lines.

Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission facilities, which, in turn, cause power failures while at the same time starting fires throughout the Fire District.

The occurrence of multiple fires will quickly deplete existing fire district resources; thereby reducing and/or delaying their response to any given fire. Additionally, without electrical power, elevators, smoke management systems, lighting systems, alarm systems, and other electrical equipment urgently needed for building evacuation and fire control in large buildings without emergency generator systems would be inoperative, thereby resulting in loss of life and/or major fire losses in such buildings. (b) Impact
A major earthquake could severely restrict the response of the Fire District and its capability to control fires involving buildings of wood frame construction, with ordinary wood shake and shingle exteriors, or with large interior areas not provided with automatic smoke and fire control systems.

2. Soils
(a) Conditions
The area is replete with various soils, which are unstable, clay loam and alluvial fans being predominant. These soil conditions are moderately to severely prone to swelling and shrinking, are plastic, and tend to liquefy.

Throughout the Fire District, the topography and development growth has created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percent of slope, many exceeding twenty (20) percent. Several of these roads extend up through the winding passageways in the hills providing access to remote, affluent housing subdivisions. Many of these roads are private with no established maintenance program. During inclement weather, these roads are subject to rock and mudslides, as well as down trees, obstructing all vehicle 23 traffic. It is anticipated that during an earthquake, several of these roads would be practically impassable.

3. Topographic
(a) Conditions
(i) Vegetation
The service area of the Contra Costa County Fire Protection District has a varied topography and vegetative cover. A conglomeration of flat lands, hills, and ridges make up the terrain.

Development has occurred on the flat lands in the District and in the past 15 years development has spread into the hills, valleys, and ridge lands of the District.

Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built-up locations six to eight months of each year. Many of these areas frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs, or sidings. This condition can be found throughout the Fire District, especially in those fully developed areas and those areas marked for future development. (ii) Surface Features
The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets, and roads, combine to limit efficient response routes for Fire District resources into and through many areas.
(iii) Buildings, Landscaping and Terrain
Many of the “newer” large buildings and building complexes have access and landscaping features or designs which preclude, or greatly limit, efficient approach or operational access to them by Fire District vehicles. In addition, the presence of security gates, roads of inadequate width and grades which are too steep for Fire District vehicles create an adverse impact on fire suppression efforts.

When Fire District vehicles cannot gain access to buildings involved with fire, the potential for complete loss is realized.

Difficulty reaching a fire site often requires additional fire personnel and resources to successfully and safely mitigate the event. Access problems often result in severely delaying, misdirecting, or making fire and smoke control efforts
unsuccessful.
24 (b) Impact
The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the Contra Costa County Fire Protection District. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur. Public Safety resources would have to be prioritized to mitigate the greatest threat, and may likely be unavailable for smaller single dwelling or structure fires.

Other variables may intensify the situation:

1. The extent of damage to the water system.

2. The extents of isolation due to bridge and/or freeway overpass collapse.

3. The extent of roadway damage and/or amount of debris blocking the roadways.

4. Climatic conditions (hot, dry weather with high winds).

5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours.

6. The availability of timely mutual aid or military assistance.

7. The large portion of dwellings with wood shake or shingles coverings could result in conflagrations.

Necessity for More Restrictive Standards
Because of the conditions described above, the Contra Costa County Board of Supervisors, in its capacity as the Board of Supervisors and the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, finds that there are building and fire hazards unique to Contra Costa County that requires the increased fire protection requirements set forth in Ordinance No. 2019-37.

The ordinance amends Chapter 1 (Scope and Administration) of the statewide Fire Code by requiring a permit for certain activities and operations that pose fire hazards. The ordinance amends the statewide Fire Code by incorporating into Chapter 3 (General Precautions Against Fire) the fire districts’ existing weed abatement program that authorizes the fire districts to declare certain weeds that pose a fire hazard as a public nuisance and to abate those weeds. The ordinance amends Chapter 4 of the statewide Fire Code (Emergency Planning and Preparedness) to require standby EMS personnel for large events as well as standby fire personnel to account for the fact that the fire district is both the local fire and EMS provider. The ordinance amends the statewide Fire Code by reducing the square footage thresholds found in Chapter 9 (Fire Protection Systems) for installation of automatic fire sprinkler systems in most commercial buildings and in private and charter schools. The ordinance amends Chapter 5 (Fire Service Features) and Appendix D (Fire Apparatus Access Roads) of the statewide Fire Code to establish requirements for fire apparatus access roads.
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51 Ordinance No. XX-22 Page 1 of 3
ORDINANCE NO. XX-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY AMENDING SECTION 7.1.102 OF THE OAKLEY MUNICIPAL CODE TO ADOPT BY

REFERENCE THE CALIFORNIA FIRE CODE, CALIFORNIA CODE OF
REGULATIONS, TITLE 24, PART 9, AS AMENDED BY CONTRA COSTA FIRE PROTECTION DISTRICT ORDINANCE 2019-37, INCLUDING FINDINGS, AND SETTING A PUBLIC HEARING DATE FOR JUNE 24, 2022
WHEREAS, each city in California is required to adopt the California Building Standards Code and is authorized to do so by reference (Health and Safety Code §17922 and Government Code §50022.2); and
WHEREAS, the City of Oakley has provided notice of, and taken all actions necessary for, the proposed adoption by reference of certain uniform State codes as set forth in this Ordinance and as required by Government Code section 50020 et. seq.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLEY DOES ORDAIN AS FOLLOWS:

Section 1.

The Council finds that the above description is sufficient to give notice to interested persons of the purpose of the ordinance and its subject matter.

Section 2.

The Council directs the City Clerk to set and notice a public hearing for June 14, 2022, for the City Council to consider the ordinance.

Section 3.

The City Council determines that the provisions of this ordinance are exempt from the California Environmental Quality Act (CEQA) because the instant ordinance involves continuing administrative activities and thus is not a project, as CEQA defines, pursuant to Section 15378(b)(2) of the CEQA Guidelines. To the extent the adoption of this Ordinance constitutes a project, the City Council finds pursuant to CEQA Guideline Section 15061(b)(3) that the project is exempt from environmental review because it can be seen with certainty that the adoption of the ordinance would not have any significant impact on the environment.

Section 4.

Section 7.1.102 of the Oakley Municipal Code is amended in to read as follows:
52 Ordinance No. XX-22 Page 2 of 3

7.1.102 Adoption by reference.

The following publications, 2019 Edition, including the specified appendices thereto, are hereby adopted by reference and incorporated into this code as they are adopted, published and promulgated from time to time by the International Code Council, and as adopted by the California Building Standards Commission in the California Code of Regulations:
a. The California Building Code, Volumes 1 and 2, including Appendix Chapters: C – Group U Agricultural Buildings, H – Signs, and I – Patio Covers. b. The California Residential Code, including Appendix Chapters: G – Swimming Pools, Spas and Hot Tubs, and H – Patio Covers.
c. The California Electrical Code, incorporating the National Electrical Code. d. The California Mechanical Code, incorporating the Uniform Mechanical Code, excluding appendix chapters.
e. The California Plumbing Code, incorporating the Uniform Plumbing Code. f. The California Energy Code, including Appendix Chapter 1-A – Standards and Documents Referenced in the Energy Efficiency Regulations. g. The California Historical Building Code, including Appendix Chapter A. h. The California Existing Building Code.
i. The California Green Building Code.
j. The California Reference Standards.
k. The International Property Maintenance Code, including Appendix A – Boarding Standard.
l. The California Fire Code, as amended to adopt local amendments and appendices to the 2019 California Fire Code as adopted by East Contra Costa Fire Protection District, a copy of which shall be kept in the office of the Building Official and referred to and, by this reference, expressly incorporated and made part of this chapter as though fully set forth herein, subject to additional amendments set forth in this chapter. The 2019 Edition of the California Fire Code, California Code of Regulations, Title 24, Part 9, subject to the following:

1.) Contra Costa County Fire Protection District Ordinance adopted.

Ordinance 2019-37 of the Contra Costa County Fire Protection District, adopted December 17, 2019, is hereby adopted and ratified by the City Council under the authority of California Health and Safety Code § 13869.7. Ordinance 2019-37 adopts the 2019 California Fire Code (California Code of Regulations, Title 24, Part 9, including Chapters 1-10 and 12-80, Appendix B, Appendix C, Appendix D, Appendix F, Appendix H, Appendix I, Appendix J, and Appendix K), and amends it by the changes, additions, and deletions set forth in the ordinance.

The provisions of the 2019 California Fire Code, as amended by Ordinance 2019-37, shall be controlling and enforceable within the jurisdictional boundaries of the City of Oakley.
53 Ordinance No. XX-22 Page 3 of 3

2.) Copies available. Copies of the 2019 Edition of the California Fire Code and Ordinance 2019-037 shall be kept on file in the City of Oakley Building Department for use and examination by the public.

3.) Delegation of enforcement to Fire Chief. Pursuant to California Health and Safety Code § 13869.7, the City Council delegates enforcement of Ordinance 2019-37 to the Fire Chief of the Contra Costa County Fire Protection District, or his or her authorized representatives.

Section 5.

This ordinance shall be published in accordance with Government Code Section 36966 by either posting or publishing the ordinance in accordance with that law.

Further, the City Clerk is requested to cause the text amendment and additions in Section 4 to be entered in the City of Oakley Municipal Code. The City Clerk is further requested to file this ordinance with the California Building Standards Commission, under Health and Safety Code section 17958.7. This ordinance shall take effect on July 1, 2022, after its adoption; provided, however, that where complete plans for building have been filed and are pending for building permits prior to the effective date of this Ordinance, permits may be issued, and the applicant may proceed with construction in strict compliance with the California Building Standards Codes, 2019 Editions, California Code of Regulations, Title 24, as adopted by Ordinance No. 16- 19 and amended therein.

Section 6.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision. * * * * * * * * * *
PASSED, APPROVE AND ADOPTED this 24th day of May, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
____________________________ _________________
Libby Vreonis, City Clerk Date
54 Approved and Forwarded to the City Council
DATE: May 24, 2022
TO: Joshua McMurray, City Manager
FROM: Felicia Escover, Assistant to the City Manager
SUBJECT: Consideration of a Resolution in Support of Ensuring the Health and Sustainability of the Sacramento-San Joaquin Delta
______________________________________________________________________ Background and Analysis
The City of Oakley’s vision is to celebrate our unique Delta lifestyle and small-town feel where we Live in a safe dynamic community, Work together to build the future, and Play in our own backyard. This, along with many other aspects of the City’s Strategic Plan, centers around the City’s position on the edge of the Delta. The Delta is a prominent part of Oakley’s history and future growth. Given its importance, the City Council has expressed concern with the iterations of the Delta Conveyance projects proposed by the Department of Water Resources (DWR). Sentiments from the Council opposing conveyance projects on the Delta have been voiced at recent City Council in addition to a September 2018 letter to California gubernatorial candidates.

The State of California has been pursuing an isolated Delta conveyance since the 1940s under many titles including the Peripheral Canal, Bay Delta Conservation Plan, California WaterFix, and Delta Conveyance. These isolated conveyance projects jeopardize the health and sustainability of the Delta and is opposed by the Delta Counties Coalition (DCC), a group of representatives spanning the Counties of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo. DWR states that the current proposed project includes constructing and operating new conveyance facilities in the Delta that would add to the existing State Water Project infrastructure. Two new intake facilities, each with 3,000 cubic feet per second (cfs) capacity for a total 6,000 cfs, would be located in the north Delta to divert water. Construction of this magnitude could result in adverse impacts on the Delta and its legacy communities, without offsetting benefits, including, but not limited to, construction related impacts (traffic, road degradation, noise, water availability, and air quality) over an estimated 14-year construction period, land use and agricultural impacts, economic impacts, water quality impacts, biological impacts and cultural and historical site impacts.

STAFF REPORT
55 The attached resolution is consistent with the City Council’s desire to protect the Delta.

This resolution was drafted in partnership with the DCC and will be taken up by other Delta-situated communities.

Consistency with the Oakley Strategic Plan 27+
The Delta is a key component of the City’s Vision and Values. Additionally, this item is consistent with the City’s Parks and Open Space goal as it protects the Delta that the City wishes to capitalize on. Specific sections speaking to the Delta of SP 27+ are referenced below.

Vision: The City of Oakley celebrates our unique Delta lifestyle and small-town feel where we Live in a safe dynamic community, Work together to build the future, and Play in our own backyard.

Value Statement: Our values guide us on a PATH to where we want to Live, Work, and Play in the heart of the Delta.

Parks and Open Space Goal: The City of Oakley will capitalize on our greatest Delta asset where our residents, businesses, and visitors can recreate and relax.

Parks and Open Space Objective: Envision Oakley as the front door of the Delta and one of California’s natural wonders
Community and Economic Development Objective: Enhance Environmental Stewardship
Fiscal Impact
There is no fiscal impact associated with this item.

Staff Recommendation
Staff recommends that the City Council adopt the resolution in support of ensuring the health and sustainability of the Sacramento-San Joaquin Delta.

Attachments

1. Resolution
56

RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY IN SUPPORT

OF ENSURING THE HEALTH AND SUSTAINABILITY OF THE SACRAMENTO-SAN

JOAQUIN DELTA
WHEREAS, the Sacramento-San Joaquin Delta is the largest estuary on the Pacific Coast of the United States and includes major eastside tributaries that account for nearly half the snowmelt and runoff of the entire state. Located east of the San Francisco Bay and Suisun Marsh at the confluence of the Sacramento-San Joaquin Rivers, the Delta stretches inland to encompass an area of over 730,000 acres with islands and tracts of rich fertile soil surrounded by miles of sloughs and winding channels protected by levees creating one of the country’s most productive agricultural regions; and WHEREAS, the Delta is also habitat for hundreds of plant and animal species providing crucial habitat for fish and wildlife. In addition, the Delta with its legacy Communities is a popular boating and recreation area which supports a fishery for both recreational and commercial purposes. Eight percent of the State’s commercial fishery species either live in or migrate through the Delta; and WHEREAS, the Delta is also the hub of California’s State and Federal water storage and delivery system with water exports made to agricultural and urban users in the Bay Area, Silicon Valley, San Joaquin Valley, the Central Coast, and Southern California within two-thirds of California’s rely on the Delta for all or some of their drinking water. Additionally, over 7 million acres of farmland in the San Joaquin Valley are irrigated in part by water conveyed through the Delta, contributing to California’s multi-billion dollar agriculture industry which produces half the nation’s fruits, nuts, and vegetables, and twenty percent of the nation’s dairy products; and
WHEREAS, many people living in the California delta depend on the Delta for drinking water; water for irrigation and livestock; habitat, recreation, the shipment of goods from inland ports over highways and railways crisscrossing the Delta, natural gas fields, electrical transmission and conveyance facilities among many other benefits; and WHEREAS, the Sacramento-San Joaquin Delta is at risk from many factors, and in addressing these threats the state may make large-scale changes to the Delta’s legal boundaries and ecosystem, land use authority within the Delta, water conveyance 57

through and around the Delta, water rights and water management statewide and my other aspects related to the Delta; and
WHEREAS, There are many parties making policy in and around the Delta including the State of California and United States Federal Government making the need for a local voice in the Delta essential; and
WHEREAS, individual DCC Counties have raised significant concerns with largescale isolated conveyance projects proposed by Federal and State entities that could have far reaching impacts to the Delta; and
WHEREAS, Large portions of the Delta Primary Zone and portions of the Delta Secondary Zone (per the Delta Protection Act) are located in the City of Oakley; and WHEREAS, the Counties of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo have joined together in a coalition, identified as the Delta Counties Coalition (DCC), to collectively articulate their mutual interests on issues concerning the Sacramento-San Joaquin Delta from the perspective of the Delta region itself, from the people who call the Delta home and perhaps best understand the tremendous resources the Delta represents; and
WHEREAS, the DCC has identified a need for joint action and advocacy in various areas of mutual interest on Delta related issues; and

1. WHEREAS, since 2008 the Delta Counties Coalition (DCC) has given a strong local voice to the Delta pursuing three goals: Protect and enhance Delta Communities

2. Improve water quality and Delta ecosystem

3. Provide a more reliable water supply for the state through reducing reliance on the delta.; and
WHEREAS, In pursuit of the three goals the DCC advocates for a statewide water solution that includes water system operation improvements, regional self-reliance, levee improvements, storage, and restoration to the Delta; and WHEREAS, The DCC has advocated for and advanced initiatives in pursuit of its goals including pursuing funding for commercial abandoned and derelict vessel removal, 58

invasive species control, levee improvements, and water supply regional self-sufficiency all of which are seen as positive ways to spend limited resources; and WHEREAS, The State of California has been pursuing an isolated Delta conveyance since the 1940s under many titles including the Peripheral Canal, Bay Delta Conservation Plan, California WaterFix, and Delta Conveyance; and WHEREAS, an isolated delta conveyance (water conveyance that involves intakes on the Sacramento River and pipelines or canals to take that water to the South Delta or beyond), including the State’s proposed Delta Conveyance Project, effectively bypasses sections of, if not the entire, Delta below any intakes. Construction and operation of any isolated Delta conveyance project is not consistent with DCC principles; and WHEREAS, an isolated Delta conveyance has potential adverse impacts on the Delta and its legacy communities, without offsetting benefits, including, but not limited to, construction related impacts (traffic, road degradation, noise, water availability, and air quality) over an estimated 14-year construction period, land use and agricultural impacts, economic impacts, water quality impacts, biological impacts and cultural and historical site impacts; and
WHEREAS, an isolated Delta conveyance has a high cost compared to other alternatives and will use many resources that could be better spent on other projects that would bolster levee improvements, storage, and regional water self-sufficiency. An isolated Delta conveyance has the potential to cause negative impacts to all users north of the Delta while benefiting only those water users south of the Delta by increasing export pumping capacity; and
NOW, THEREFORE, BE IT RESOLVED that the City of Oakley supports the DCC goals as stated herein. This includes opposing an isolated Delta conveyance in any form including under the current title of the Delta Conveyance Project.

BE IT FURTHER RESOLVED that the City of Oakley supports the DCC position that the management of the Sacramento-San Joaquin River Delta and greater Bay Delta Estuary must:

1. Protect and improve water quality and water quantity in the Delta region and maintain appropriate Delta outflow for a healthy estuary; 59

2. Protect the existing water right priority system and legislative protections established for the Delta;

3. Respect and safeguard Delta Counties’ responsibilities related to land use, water resources, flood management, tax revenues, public health and safety, economic development, agricultural stability, recreation, and environmental protection in any projects, policies, or operations;

4. Represent and include local government in any governance structures for the Delta;

5. Protect, enhance, and preserve the Delta’s agricultural economic viability, the ongoing vitality of its communities, and its historical significance;

6. Support rehabilitation, improvement, and maintenance of levees throughout;

7. Support the Delta pool concept, in which the common resource provides quality freshwater supply to all Delta users, requiring mutual responsibility to maintain, restore, and protect the common resource;

8. Support immediate improvements to through-Delta conveyance;

9. Require that any water conveyance plan for the Delta is aligned with these principles and supported by clearly demonstrated improvement to the entire state’s water management;

10. Protect and restore the Delta ecosystem and provide for a healthy estuary in perpetuity by ensuring adequate water supply and quality, enhancing Delta fisheries, and managing or eradicating invasive species;

11. Include the study and implementation of storage options, sustainable groundwater management and conjunctive use, conservation, recycling, reuse, and regional self-sufficiency as part of an improved statewide flood management and water supply system, which will reduce reliance on the Delta as called for in the Sacramento-San Joaquin Delta Reform Act of 2009;

12. Support conservation actions aligned with these principles and the habitat plans and programs of each Delta County.

PASSED, APPROVED AND ADOPTED this 14th day of June 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:

________________
60

ATTEST: Randy Pope, Mayor
______ _____
Libby Vreonis, City Clerk Date
61 DATE: May 24, 2022
TO: Joshua McMurray, City Manager
FROM: Felicia Escover, Assistant to the City Manager
SUBJECT: CONSIDERATION OF A RESOLUTION ESTABLISHING A REWARD FUND FOR INFORMATION LEADING TO THE LOCATION OF 24-YEAR-OLD

OAKLEY RESIDENT ALEXIS GABE
______________________________________________________________________ Background and Analysis
On January 27, 2022, Oakley resident Alexis Gabe was reported missing. Alexis Gabe and her family have ties to Oakley and the greater East County as long-time residents.

This case is of the utmost importance to the community and the City seeks to further support the investigation using all available resources and exploring additional tools to aid in the investigation. One such tool is the establishment of a reward fund. The family and the City Council have publicly expressed a desire to set up a reward fund that may help to lead investigators to Ms. Gabe’s whereabouts.

City Staff has spoken to other agencies about their process for reward programs. In doing research there are three primary models for reward funds as outlined below:

Mechanism Description Example
Municipal Code A reward program is incorporated
into the agency’s municipal code and
managed by the organization.

Diamond Bar
Los Angeles County
Crime Stoppers
Inc. Affiliate
Rewards are distributed through a
local Crime Stoppers Inc Affiliate.

Solano County
Oakland
Hercules (West County)
Council
Resolution
City Council establishes a reward
program and/or a reward for a
specific case via Council resolution.

California City
City of Pasadena
Because of the time-sensitive nature of the case, Staff is recommending that the City Council adopt a resolution establishing a reward program. This option would allow for

STAFF REPORT
Approved and Forwarded to the City Council
62 the reward to be effective immediately. If the resolution is adopted by Council, the City Manager’s Office and Police Department would work with the appropriate stakeholders to define program parameters and establish operating guidelines.

The Oakley Police Department continues to investigate the case and pursue all leads; however, this reward may aid investigative efforts. City Staff requests that the City Council support this case by directing additional resources to the investigation.

Consistency with the Oakley Strategic Plan 27+
The establishment of a reward program is consistent with the Community Health and Safety Goal to protect our public and prioritize safe streets, healthy neighborhoods, and robust community resources to benefit our most valued assets – our people.

Fiscal Impact
There is no impact on the general fund associated with this item. Staff is reappropriating budgeted funds to cover the reward amount of $10,000.

Staff Recommendation
Staff recommends that the City Council adopt a resolution authorizing the establishment of a reward program and directing the City Manager and Chief of Police to develop program parameters and operating guidelines.

Attachments

1. Resolution
63 Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY

ESTABLISHING A REWARD FUND FOR INFORMATION LEADING TO THE LOCATION OF 24-YEAR-OLD OAKLEY RESIDENT ALEXIS GABE
WHEREAS, the City Council of the City of Oakley has a Community Health and Safety Goal to protect our public and prioritize safe streets, healthy neighborhoods, and robust community resources to benefit our most valued assets – our people; and WHEREAS, the City Council wishes to provide resources to further support the investigation into the disappearance of 24-year-old Oakley resident Alexis Gabe by establishing a reward fund; and
WHEREAS, the Gabe family and local community have been deeply impacted by Ms.

Gabe’s disappearance since it was first reported in January 2022 and a reward fund is in alignment with the City Council’s Community Health and Safety Goal; and WHEREAS, the reward fund would provide investigators with an additional tool to incentivize leads on the case by directing $10,000 towards information leading to Alexis Gabe’s whereabouts; and
WHEREAS, as a new program, guidelines would need to be developed by the City Manager and Chief of Police to ensure the reward could be leveraged as an effective aid in investigative efforts; and
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Oakley does hereby establish a reward program and allocate $10,000 in funding towards it.

BE IT FURTHER RESOLVED, that the City Council directs the City Manager and Police Chief to develop the reward program guidelines.

PASSED, APPROVED AND ADOPTED this 24th day of May 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:

________________
ATTEST: Randy Pope, Mayor
______ _____
Libby Vreonis, City Clerk Date
64 DATE: May 24, 2022
TO: Joshua McMurray, City Manager
FROM: Jeri Tejeda, Human Resources Director
SUBJECT: Adopt a Resolution approving the Oakley Police Officers Association Memorandum of Understanding through June 30, 2027 and the attached Salary Schedule effective the first full pay period in July. ______________________________________________________________________ Background and Analysis
The memorandum of understanding (MOU) with the Oakley Police Officers Associations (OPOA) is set to expire on June 30, 2022. After a successful negotiation, the attached MOU will be effective from July 1, 2022 through June 30, 2027.

The focus for this MOU was retention and recruitment. The City and OPOA had a shared goal of ensuring our compensation and benefit package is competitive in the current market to not only recruit the best officers, but to also retain the great officers that we already have.

The following are the significant changes made to the agreement:
 Moving from a 3-year term to a 5-year term
 Changing from a merit-based system to a step system including at least a 5% increase in FY 2023 and 2024 with a meets expectation or above performance evaluation.  Adding cost of living increases of 3% in each FY 2025, 2026, 2027  Increase to the compensatory time off bank of an additional 40 for a total of 120 but limiting the rollover of these hours to 80
 Exchanging a floating holiday to add June 19th-Emancipation Day  Adding a tier of 15+ years to the vacation accrual bank

STAFF REPORT
Approved and Forwarded to the City Council
65  Increasing the Sick Leave accrual bank cap to 1,000 hours  Tiering the sick leave conversion at separation so that future employees will need to retire from the City in order to receive this benefit
 Extending the sick leave conversion at retirement from 5 years to 10 years and increasing from 50% pay out to 100%
 Health insurance increases over the 5-year team of $75, $100, $125, $125 and $150 per month.
 Adding uniform service as a reportable compensation to CalPERS for all classic members.

In addition to the above, this MOU memorializes items that have been given in the past, but were not in the MOU, changed things related to pronouns and wording, made clarifications to items that have been vague in the past, removed items that are law and do not belong in the MOU and did an overall cleanup of the entire document.

During the course of just over two full days of bargaining the team updated, changed, clarified or removed almost every section of the MOU. This was a true collaborative effort between the City and OPOA.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with our strategic plan, sustainable organization goal. There are several objectives within this goal related to recruitment and retention, competitive compensation and proper police staffing.

Fiscal Impact
The current request will not affect the Fiscal Year 2021/22 budget.

Over the five-year term of the MOU the compensation and benefit package has an estimated cost of $2.4 million. Annual amounts will be presented as part of the budget for each fiscal year.

Staff Recommendation
Adopt a Resolution approving the Oakley Police Officers Association Memorandum of Understanding through June 30, 2027 and the attached Salary Schedule effective the first full pay period in July of 2022.

Attachments

1. Resolution

2. Memorandum of Understanding

3. 2022/2023 Salary Schedule

4. Staff Presentation
66 Resolution No. XX-22 Page 1 of 1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING THE

OAKLEY POLICE OFFICERS ASSOCIATION MEMORANDUM OF UNDERSTANDING THROUGH JUNE 30, 2027 AND THE ATTACHED SALARY SCHEDULE EFFECTIVE

THE FIRST FULL PAY PERIOD IN JULY
WHEREAS, the Oakley Police Officers Association (OPOA) and the City have a memorandum of understanding (MOU) that will expire on June 30, 2022, and WHEREAS, the OPOA and the City entered into negotiations beginning in February of 2022, and
WHEREAS, in April of 2022 the City and OPOA reached tentative agreements on all proposals from both sides, and
WHEREAS, both the City and OPOA had a shared focus of retention and recruitment, and a compensation and benefit package that is competitive in the current market, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby approves the following:

The Memorandum of Understanding between the Oakley Police Officers Association and the City of Oakley with a term of July 1, 2022 through June 30, 2027 attached as Exhibit A.

The Salary Schedule effective the first full pay period in July of 2022 attached as Exhibit B.

PASSED, APPROVED AND ADOPTED this 24th day of May 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
_____
Randy Pope, Mayor
ATTEST:

Libby Vreonis, City Clerk Date
67 July 1, 2022 To June 30, 2027
Memorandum of Understanding
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DEFINITIONS
Appointing Authority: the City Manager or designee.

Association: the Oakley Police Officers Association
Immediate Family: an employee shall include a spouse and the following relatives: children of either spouse, stepchildren, parent of employee or spouse, brother or sister, half-brother or half-sister, either grandparent and grandchildren.

Newly Hired Employee: a person who has not completed a probationary period in any position within the organization or a person who has previously completed a probationary period but has had more than a three (3) month break in service from the City.

Probationary Employee: an employee working a test period during which the employee is required to demonstrate fitness to perform the duties of the class of position to which appointed by actual performance of those duties.

Regular Full-Time Employee: a person employed by the City in a full-time capacity, who has successfully completed a probationary period, and has been retained according to the provisions of the City of Oakley Police MOU.

Regular Part-Time Employee: a person employed in a regularly budgeted class or position which a regular employee may be appointed, and whose normal work schedule is less than the standard hours of work, but at least twenty (20) hours per workweek.

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OAKLEY POLICE OFFICERS ASSOCIATION

MEMORANDUM OF UNDERSTANDING

TABLE OF CONTENTS
DEFINITIONS----------------------------------------------------------------------------------------------------------1 SECTION 1: APPLICABILITY AND RECOGNITION-------------------------------------------------------------5

1.1 ASSOCIATION RECOGNITION -----------------------------------------------------------------------------------5

1.2 CITY REPRESENTATIVE------------------------------------------------------------------------------------------5

1.3 RELEASE TIME --------------------------------------------------------------------------------------------------5

1.4 ASSOCIATION DUES DEDUCTION-------------------------------------------------------------------------------5

1.5 ASSOCIATION NEW EMPLOYEE ORIENTATION-----------------------------------------------------------------6 SECTION 2 -------------------------------------------------------------------------------------------------------------6 SECTION 3: EMPLOYEE RIGHTS----------------------------------------------------------------------------------7

3.1 RIGHT TO REPRESENTATION------------------------------------------------------------------------------------7

3.2 PERSONNEL FILES-----------------------------------------------------------------------------------------------7

3.3 NOTICE ---------------------------------------------------------------------------------------------------------7 SECTION 4: CITY RIGHTS -------------------------------------------------------------------------------------------7 SECTION 5: PROBATIONARY PERIOD---------------------------------------------------------------------------8

5.1 PROBATIONARY PERIOD----------------------------------------------------------------------------------------8

5.2 DISMISSAL OF NEWLY-HIRED EMPLOYEES---------------------------------------------------------------------9

5.3 DEMOTION OF PROMOTED EMPLOYEES -----------------------------------------------------------------------9 SECTION 6. COMPENSATION-----------------------------------------------------------------------------------9

6.1 WAGE ----------------------------------------------------------------------------------------------------------9

6.2 CHANGES TO WAGE RANGES ----------------------------------------------------------------------------------9

6.3 STEP INCREASE -------------------------------------------------------------------------------------------------9

6.4 WAGE FOLLOWING PROMOTION -------------------------------------------------------------------------- 10

6.5 WAGE FOLLOWING NON-DISCIPLINARY DEMOTION-------------------------------------------------------- 11

6.6 WAGE ON RECLASSIFICATIONOF POSITIONS ---------------------------------------------------------------- 11

6.7 WAGE FOR WORK PERFORMED IN AHIGHER CLASSIFICATION----------------------------------------------- 11

6.8 --------------------------------------------------------------------------------------------------------------- 11

6.9 SPECIAL COMPENSATION------------------------------------------------------------------------------------- 11 SECTION 7: HOURS OF WORK AND OVERTIME COMPENSATION ------------------------------------- 14

7.1 WORK HOURS------------------------------------------------------------------------------------------------ 14

7.2 WORK PERIOD AND PAY PERIODS --------------------------------------------------------------------------- 14

7.3 OVERTIME POLICY-------------------------------------------------------------------------------------------- 15

7.4 CONTRACT OVERTIME---------------------------------------------------------------------------------------- 15 DocuSign Envelope ID: 40A7551C-9022-4904-8A8A-48C67CFAF7AE DocuSign Envelope ID: 84EF8F36-3A6D-47EB-BFE8-96C2655845E1 DocuSign Envelope ID: 1696D31A-D837-4E9C-9F48-6E355EFDFB50 70

7.5 STATUTORY OVERTIME--------------------------------------------------------------------------------------- 15

7.6 COMPENSATORY TIME --------------------------------------------------------------------------------------- 15

7.7 COURT APPEARANCE COMPENSATION----------------------------------------------------------------------- 16

7.8 SHIFT TRADES ------------------------------------------------------------------------------------------------ 17

7.9 SHIFT BIDDING ----------------------------------------------------------------------------------------------- 17 SECTION 8: STANDBY AND CALLBACK PAY------------------------------------------------------------------ 18

8.1 STANDBY STATUS AND STANDBY PAY------------------------------------------------------------------------ 18

8.2 CALL OUT PROCEDURE--------------------------------------------------------------------------------------- 19 SECTION 9: HOLIDAYS -------------------------------------------------------------------------------------------- 20

9.1 HOLIDAYS----------------------------------------------------------------------------------------------------- 20

9.2 HOLIDAY PAY ELIGIBILITY ------------------------------------------------------------------------------------ 20 SECTION 10: VACATION------------------------------------------------------------------------------------------ 21

10.1 ELIGIBILITY---------------------------------------------------------------------------------------------------- 21

10.2 VACATION ACCRUAL ----------------------------------------------------------------------------------------- 21

10.3 VACATION ACCUMULATION---------------------------------------------------------------------------------- 21

10.4 USE OF VACATION-------------------------------------------------------------------------------------------- 22

10.5 ILLNESS DURING VACATION ---------------------------------------------------------------------------------- 22

10.6 VACATION AT SEPARATION----------------------------------------------------------------------------------- 22

10.7 VACATION BUYBACK ----------------------------------------------------------------------------------------- 22

10.8 HARDSHIP REQUEST ----------------------------------------------------------------------------------------- 23 SECTION 11: SICK LEAVE ----------------------------------------------------------------------------------------- 23

11.1 STATEMENT OF POLICY--------------------------------------------------------------------------------------- 23

11.2 ACCRUAL ----------------------------------------------------------------------------------------------------- 24

11.3 ACCUMULATION---------------------------------------------------------------------------------------------- 24

11.4 USE ----------------------------------------------------------------------------------------------------------- 24

11.5 SICK LEAVE VERIFICATION------------------------------------------------------------------------------------ 25

11.6 DEPLETION OF AVAILABLE SICK LEAVE ----------------------------------------------------------------------- 25

11.7 ABUSE OF SICK LEAVE ---------------------------------------------------------------------------------------- 25

11.8 SICK LEAVE CONVERSION ------------------------------------------------------------------------------------ 26

11.9 SICK LEAVE DONATION FOR· CATASTROPHIC CIRCUMSTANCES ------------------------------- 27

11.1 ON-THE-JOB INJURY ----------------------------------------------------------------------------------------- 28

11.11OFF-THE-JOB INJURY ---------------------------------------------------------------------------------------- 28 SECTION 12: OTHER LEAVES OF ABSENCE------------------------------------------------------------------- 28

12.1 PERSONNEL LEAVE OF ABSENCE WITHOUT PAY-------------------------------------------------------------- 28

12.2 BEREAVEMENT LEAVE ---------------------------------------------------------------------------------------- 28

12.3 SUBPOENA---------------------------------------------------------------------------------------------------- 29

12.4 JURY DUTY --------------------------------------------------------------------------------------------------- 29 DocuSign Envelope ID: 40A7551C-9022-4904-8A8A-48C67CFAF7AE DocuSign Envelope ID: 84EF8F36-3A6D-47EB-BFE8-96C2655845E1 DocuSign Envelope ID: 1696D31A-D837-4E9C-9F48-6E355EFDFB50 71

SECTION 13: LAYOFFS -------------------------------------------------------------------------------------------- 29

13.1 CITY COUNCIL ACTION --------------------------------------------------------------------------------------- 29

13.2 ORDER OF LAYOFFS ------------------------------------------------------------------------------------------ 29

13.3 DISPLACEMENT RIGHTS -------------------------------------------------------------------------------------- 30

13.4 NOTIFICATION OF DISPLACEMENT --------------------------------------------------------------------------- 30

13.5 REEMPLOYMENT --------------------------------------------------------------------------------------------- 31 SECTION 14: EMPLOYEE BENEFITS ---------------------------------------------------------------------------- 31

14.1 RETIREMENT PLAN ------------------------------------------------------------------------------------------- 31

14.2 DISABILITY INSURANCE --------------------------------------------------------------------------------------- 31

14.3 INSURANCE PROGRAM --------------------------------------------------------------------------------------- 31

14.4 WELLNESS BENEFIT ----------------------------------------------------------------------------------------- 33

14.5 DEFERRED COMPENSATION --------------------------------------------------------------------------------- 33

14.6 --------------------------------------------------------------------------------------------------------------- 33

14.7 MILEAGE REIMBURSEMENT/ALLOWANCE ------------------------------------------------------------------ 33

14.9 RETIREE MEDICAL ------------------------------------------------------------------------------------------- 34 SECTION 15: UNIFORMS, BOOTS & SAFETY EQUIPMENT ----------------------------------------------- 34 SECTION 16: DISCIPLINARY PROCEEDINGS------------------------------------------------------------------ 34

16.1 CAUSES FOR DISCIPLINARY ACTION ------------------------------------------------------------------------- 34

16.2 TYPES OF DISCIPLINARY ACTION ---------------------------------------------------------------------------- 35

16.3 PERSONS BY WHOM DISCIPLINARY ACTION MAY BE TAKEN----------------------------------------------- 36

16.4 DISCIPLINARY ACTION PROCEDURE ------------------------------------------------------------------------- 36

16.5 RIGHT OF APPEAL - PROCEDURE ---------------------------------------------------------------------------- 37

16.6 WAIVERS/WITHDRAWAL OF APPEAL ----------------------------------------------------------------------- 38

16.7 EFFECT OF CERTAIN DISCIPLINARY ACTION INTERPRETIVE SUSPENSION ----------------------------------- 38

16.8 INFORMAL CORRECTIVE COUNSELING ---------------------------------------------------------------------- 39 SECTION 17: GRIEVANCE PROCEDURE ----------------------------------------------------------------------- 40

17.1 DEFINITION-------------------------------------------------------------------------------------------------- 40

17.2 PROCEDURAL STEPS ----------------------------------------------------------------------------------------- 40 SECTION 18: SAFETY ---------------------------------------------------------------------------------------------- 42

18.1 SAFETY COMMITTEE APPOINTMENT ------------------------------------------------------------------------ 42

18.2 INJURY AND ILLNESS PREVENTION PROGRAM -------------------------------------------------------------- 42 SECTION 19: PROMOTIONAL GUIDELINES FOR SERGEANTS-------------------------------------------- 42 SECTION 20: CITY’S EXISTING PERSONNEL POLICIES MANUAL ---------------------------------------- 43 SECTION 21: SEPARABILITY AND SAVINGS ----------------------------------------------------------------- 43 SECTION 22: DURATION OF THE AGREEMENT ------------------------------------------------------------- 43 DocuSign Envelope ID: 40A7551C-9022-4904-8A8A-48C67CFAF7AE DocuSign Envelope ID: 84EF8F36-3A6D-47EB-BFE8-96C2655845E1 DocuSign Envelope ID: 1696D31A-D837-4E9C-9F48-6E355EFDFB50 72

Section 1: APPLICABILITY AND RECOGNITION

1.1 Association Recognition
The City of Oakley (“City” or “Employer”) recognizes the Oakley Police Officers' Association (“POA” or “Association”) as the exclusive recognized bargaining representative for City employees in the classifications of Police Officer and Police Sergeant.

1.2 City Representative
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City in employer- employee relations.

1.3 Release Time
The City agrees to provide a reasonable amount of release time for designated officers and representatives of the POA to conduct POA business and engage in meet and confer sessions with official representatives of the City.

Release Time should be requested in advance whenever possible. The City will accommodate such requests, as long as requests concern POA business and do not interfere with the performance of City services as determined by the City.

Under no circumstances shall an employee receive overtime pay for time spent to attend meetings for the purpose outlined in this section. Employees are to track these hours using the designated payroll code. Not more than four employees may be excused for such purposes.

1.4 Association Dues Deduction
A member of this unit may, at any time, execute a payroll deduction authorization form or forms (“Deduction Authorization Form”) as furnished by the Association.

The Association will be the custodian of records for such Deduction Authorization Form and will provide the City with a certification that it has and will maintain a Deduction Authorization Form, signed by each employee from whose salary or wages the deduction is to be made (“Certification”). The Association shall not be required to provide the City a copy of the member’s Deduction Authorization Form unless a dispute arises about the existence or terms of the Deduction Authorization Form. However, the Certification will contain sufficient information to allow the City to identify the appropriate level of deductions for each employee.

The City shall begin deductions in the amount prescribed by the Association in the first full payroll period after receipt of written Certification from the Association. The employer shall DocuSign Envelope ID: 40A7551C-9022-4904-8A8A-48C67CFAF7AE DocuSign Envelope ID: 84EF8F36-3A6D-47EB-BFE8-96C2655845E1 DocuSign Envelope ID: 1696D31A-D837-4E9C-9F48-6E355EFDFB50 73

transmit such payments to the Association no later than thirty (30) days after the deduction from the member’s earnings occurs.

Deductions may be revoked only pursuant to the terms of the Deduction Authorization Form.

The City shall direct member requests to cancel or change deductions to the Association. The City shall rely on information provided by the Association in writing, regarding whether deductions for a member were properly canceled or changed, and the Association will indemnify the City for any claims made by the employee for changes made in reliance on the information. However, the parties agree that the City shall automatically cease deductions for any member who is no longer employed in a classification represented by the Association. It is further agreed that the City shall automatically cease deduction for any member who is in leave without pay status and will continue deductions as soon as the employee returns to a paid status.

1.5 Association New Employee Orientation
New Employee Orientation: New employee orientation is defined as the onboarding process, whether in person, online or through other means, which the City provides information regarding employment status, rights, benefits, duties and responsibilities, or any other employment related matters.

The City shall provide written notification to the Association's designee, by email not less than (10) calendar days in advance of all new employee orientations except that a shorter notice may be provided in a specific instance where there is an urgent need critical to the employer's operations that was not reasonably foreseeable.

The Association shall be provided up to sixty (60) minutes to meet with the new employee during the orientation. The purpose of the meeting is for the Association to discuss the roles and activities of the exclusive representatives related to terms and conditions of employment.

The Association reserves the right to address the new employees outside the presence of City employees.

Within 30 days of hire or by the first pay period of the month following the hire of the new employee, the City shall provide the Association designated representative with the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the employer and home addresses. The City shall provide the Association this information for the bargaining group at least every 120 days, excepted as specified in AB 119.

Section 2
This section is intentionally left blank
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Section 3: EMPLOYEE RIGHTS

3.1 Right to Representation
When an employee is required to meet with a supervisor or manager and reasonably anticipates such meeting will involve questioning that could lead to disciplinary action, the employee shall be entitled to representation by a representative of the employee’s choice, including a POA representative or attorney, if so requested. Investigatory interviews shall be conducted in accordance with the Public Safety Officers Procedural Bill of Rights Act. The employee shall also be entitled to such representation at any subsequent step of the disciplinary process and for any appeal.

3.2 Personnel Files
There shall be one (1) official personnel file maintained in Human Resources and one internal affairs file, maintained in the Administrative offices of the Police Department. An employee shall be permitted to review personnel and Internal Affairs file provided the employee makes a request twenty-four (24) hours prior to the time the employee wishes to review either file. A representative of Human Resources shall be present during the review of the personnel file. An employee’s representative, with written permission from the employee and twenty-four (24) hours’ notice to the City, shall also be permitted to review the employee's personnel file. The City Manager, Chief of Police, or Lieutenant will be present should an employee request to review of the employee’s Internal Affairs file. An employee shall be entitled to receive copies of any material in the employee’s personnel file or any material which will be submitted to the personnel file.

3.3 Notice
Employees shall be provided copies of all notices of punitive action as defined by Government Code section 3303 and the employee’s legal representative of choice, if any, shall be provided copies concurrently.

Section 4: CITY RIGHTS
It is understood and agreed that the City retains all of its powers and authority to manage municipal services and the work force performing those services.

It is agreed that the following rights shall remain solely a function of management except as may be limited by this agreement and/or by applicable state and federal law:

1. Determine and modify the organization of City government and its constituent work units.

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2. Determine the nature, standards, levels, and mode of delivery of services to be offered to the public.

3. Determine the methods, means, and the number and kinds of personnel by which services are to be provided.

4. Determine whether goods or services shall be made or provided by the City, or shall be purchased, or contracted for.

5. Direct employees, including scheduling and assigning work, work hours, and overtime.

6. Establish employee performance standards and to require compliance therewith.

7. Discharge, suspend, demote, reduce in pay, reprimand, and withhold salary increases and benefits, or otherwise discipline employees, subject to the requirements of applicable law.

8. Relieve employees from duty because of lack of work or lack of funds or for other legitimate reasons.

9. Implement rules, regulations, and directives consistent with law and the specific provisions of this MOU.

10. Take all necessary actions to protect the public and carry out its mission in emergencies.

To the extent that management's exercise of these rights enumerated above impacts the employees' terms and conditions of employment, the City is not relieved of its obligation to meet and confer on these impacts as required by law.

Section 5: PROBATIONARY PERIOD

5.1 Probationary Period
All appointments, promotional appointments and reappointments shall be tentative and subject to a probationary period dated from the time of appointment to a regular full-time or regular part-time position. The probationary period shall be for a one (1) year period of actual service. The City Manager, upon written request of the Chief of Police, may grant an extension of the probationary period up to a maximum of six (6) months beyond the end of such probationary period, for a maximum total probation of eighteen (18) months.

An employee remains on probation until such time as the City takes formal, written action to remove the probationary employee from probationary status. This is done by the employee's supervisor completing a written performance evaluation at the approximate date of the probationary employee completing one (1) year in the probationary position. This performance evaluation must be signed by the Chief of Police and forwarded to the City Manager for final review and approval.

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5.2 Dismissal of Newly Hired Employees
During the probationary period, a newly hired employee may be suspended, demoted or dismissed at any time by the appointing authority without the right of appeal. A probationary employee is an "at-will" employee. Notification of dismissal in writing shall be served on the newly- hired employee and a copy filed with Human Resources.

5.3 Demotion of Promoted Employees
An employee who is promoted to a new position in a higher classification may be demoted to the employee’s previous position at any time during the one (1) year probationary period without the right of appeal. The employee shall be returned to the position which the employee held prior to the promotion and shall be placed at the salary level held prior to the promotion.

Section 6: COMPENSATION

6.1 Wage
Appendix “A” contains the base wage for each classification effective the first full pay period in July of 2022.

The City will increase base wages as follows:

Effective the first full pay period in July 2024 – three percent (3%) COLA Effective the first full pay period in July 2025 – three percent (3%) COLA Effective the first full pay period in July 2026 – three percent (3%) COLA

6.2 Changes to Wage Ranges
Changes to wage ranges will not change an employees’ anniversary date.

Whenever the wage for any classification changes, the employee shall be paid at the same step in the revised range as the step at which the employee was paid in the previous range.

6.3 Step Increase
Employees earn step increases when their annual performance evaluation is at or above meets expectations as follows:

1. Employees Hired on or before June 30, 2021:

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Annual performance reviews will occur in the month of June each year with an annual step increase occurring in the first full pay period in July of each year.

2. Employees Hired, Promoted, Transferred or Demoted on or after July 1, 2021:

Annual performance reviews will occur twelve (12) months from the date of hire and each year thereafter with an annual step increase occurring in the first full pay period following the date of hire each year.

The City desires competitive and comparable wages. The comparative cities utilized by the City are:
• Antioch
• Brentwood
• Martinez
• Pittsburg
• Pleasant Hill
• San Ramon
• Tracy
The City agrees to complete a compensation study prior to the start of successor MOU negotiations.

6.4 Wage Following Promotion
A promoted employee will be placed in the first step in the wage range for the new position. However, if first step increases the employee’s wage less than five percent (5%), the City shall place the employee at the lowest step which provides at least a five percent (5%) increase, provided that in no event will the new wage exceed the highest step of the promoted wage range.

An Officer promoted to Sergeant may be eligible for a five percent (5%) increase in pay following six (6) months of successful service in the promoted position, with Police Chief Approval.

Future salary increases will be at twelve (12) months from the date of the promotion and each year thereafter as described in section 6.3.

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6.5 Wage Following Non-Disciplinary Demotion
An employee demoted for non-disciplinary reasons will have either a wage step no more than five percent (5%) below the employee's wage prior to the demotion or the top of the new range, whichever is less.

The City will maintain a demoted employee’s anniversary date and annual performance review schedule. A demoted employee will not serve a probationary period in the new job classification.

6.6 Wage on Reclassification of Positions
A reclassified employee’s wage shall increase at least five percent (5%) over their last wage before reclassification. There shall be no additional probationary period.

6.7 Wage for Work Performed in a Higher Classification
Employees may occasionally perform duties of a higher classification to temporarily fill a vacancy.

In order to receive increased wages for working in a higher classification the employee must be assigned, assume and perform substantially all the duties and responsibilities of the position, and perform them for at least one week (five consecutive working days, without regard to the calendar week).

Increased wages for working in a higher classification shall be at least five percent (5%) above the employee's current wage, or the lowest wage within the range for the higher classification, whichever is greater, but not to exceed the maximum of the higher classification’s range.

The Police Chief will evaluate higher classification pay on a case-by-case basis and make a recommendation to the City Manager. This evaluation and recommendation should occur before an employee begins working in a higher classification whenever possible.

6.8 This sub-section is intentionally left blank

6.9 Special Compensation

1. Education/POST
Employees who possess or obtain the following POST certificates and/or educational degrees shall receive additional compensation as follows:

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a. POST Intermediate Certificate – Two and one-half percent (2.5%) augmentation to base salary.
b. POST Advanced Certificate- Two and one-half percent (2.5%) augmentation to base salary.

Incentives in subsections (a) and (b) compound, with a maximum Incentive of five percent (5%).

Instead of earning POST incentive pay, an employee with a Bachelor’s Degree earns a five percent (5%) incentive. An employee may not earn separate incentive pays for both POST certificates and a Bachelor’s Degree.

An employee may earn an additional two- and one-half percent (2.5%) over their POST or Bachelor’s Degree incentive pay if the employee has a Master’s Degree for a total Education/POST incentive not to exceed seven- and one-half percent (7.5%).

Pay for all education incentives will be effective in the first full pay period following receipt of documentation by Human Resources. Employees are responsible for ensuring timely submission of their documentation to the Chief of Police and Human Resources.

2. Special Assignments
a. Training Premium - Field Training Officer (FTO)
Any employee assigned as an FTO shall receive five percent (5%) augmentation to base salary for actual time served as an FTO. (“Time served” is defined as the time training an officer in this capacity).
b. Motorcycle Patrol
Any employee assigned to motorcycle duty shall receive a five percent (5%) augmentation to base salary in the first full pay period following being assigned to Motorcycle Patrol.
c. Shift Differential -Graveyard
Any employee assigned to the Graveyard Shift shall receive a 5% augmentation to base salary in the first full pay period following being assigned to Graveyard. d. Detective Division
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Any employee formally assigned as a Detective shall receive a 5% augmentation to base salary in the first full pay period following being assigned as a Detective. e. Bilingual Premium
Any employee deemed professionally proficient in the Spanish language will receive a one and one-half (1.5%) augmentation to base salary in the first full pay period following certification.
f. Police Liaison - School Resource Officer (SRO)
Any employee assigned as a School Resource Officer shall receive a five percent (5%) augmentation to base salary in the first full pay period following being assigned to SRO.
g. Police Liaison - Problem Oriented Policing (POP)
Any employee assigned as a POP Officer shall receive a five percent (5%) augmentation to base salary in the first full pay period following being assigned to POP.
h. Canine Officer
Any employee assigned as a Canine Officer shall receive a five percent (5%) augmentation to base salary for time served as a Canine Officer. i. Police Administrative Sergeant
Sergeants assigned to administration will receive a five percent (5%) augmentation to base salary in the first full pay period following being assigned as administrative sergeant.
j. Police Investigator Traffic Sergeant
Unless a Sergeant is receiving Motorcycle Patrol incentive pay, a Sergeant assigned to the traffic unit will receive a five percent (5%) augmentation to base salary in the first full pay period following being assigned as traffic sergeant.

Special Assignment Rotation
All employees assigned special assignments are subject to rotation in and out of these positions and a corresponding withdrawal of the specialty pay at the discretion of the Police Chief.

3. Longevity Incentive Pay
All employees shall receive Longevity Incentive Pay as follows:

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• Five (5) years of service - two and one-half percent (2.5%) augmentation to base salary
• Ten (10) years of service – additional two and one-half percent (2.5%) augmentation to base salary (5% cumulative total)
• Fifteen (15) years of service –additional two and one-half percent (2.5%) augmentation to base salary (7.5% cumulative total)
• Twenty (20) years of service – additional two and one-half percent (2.5%) augmentation to base salary (10% cumulative total)
• Twenty-five (25) years of service – additional two and one-half percent (2.5%) augmentation to base salary (12.5% cumulative total)
Employees who were previously serving in the City of Oakley while employed by the Contra Costa Sheriff's Office as of April 15, 2015, will receive credit for their prior service with the Contra Costa Sheriff’s Office when calculating their longevity increment. The increase in percentage is effective on the next pay period following the anniversary of the employee’s hire date.

Longevity Incentive Pay will be reported to CalPERS as compensation to the extent allowed by law.

4. Corporal Pay
Any officer assigned as a Corporal Officer shall receive three hundred and fifty dollars ($350) per month in addition to base salary for time served as a Corporal. This pay does not meet the definition of special compensation for CalPERS; therefore, it is not reportable as CalPERS compensation.

Section 7: HOURS OF WORK AND OVERTIME COMPENSATION

7.1 Work Hours
The Department has a variety of shift schedules and work hours to meet the needs of the City and the Department.

The regular shift schedule and work hours for unit employees is four (4) shifts of ten (10.0) hours in a seven (7) day period. Unit employees may also work a shift schedule consisting of three (3) shifts of thirteen hours and twenty minutes (13.33) in a seven (7) day period.

Alternative schedules may be used to accommodate the needs of the Department.

7.2 Work Period and Pay Periods
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Work Period - The work period is one hundred seventy-one (171) hours per twenty-eight (28) day period as authorized by Section 7(k) of the Fair Labor Standards Act. The 28-day work period begins at 12:00 a.m. Sunday and ends twenty-eight (28) consecutive days later at 11:59 p.m. Saturday.

Pay Periods - Payday shall be every other Friday (bi-weekly) for the two (2) calendar week period ending on Saturday of the preceding week.

7.3 Overtime Policy
The City’s policy is to avoid the necessity for overtime work. When overtime work is necessary, such overtime shall be authorized by the Police Chief or designee but shall be kept at a minimum.

7.4 Contract Overtime
Unit employees shall be paid overtime for all time worked in excess of the employee's assigned shift (e.g., 10 hours, 13.33 hours or other schedule) in a twenty-four (24) hour period or for time worked on a regularly scheduled day off or for time worked in excess of forty (40) hours in a calendar week. For purposes of calculating the forty (40) hour threshold, all paid leave hours (e.g., vacation, sick and compensatory time off) shall count as hours worked. The rate of pay for contract overtime shall be time and one half (1.5x) the employee's base hourly rate of pay.

7.5 Statutory Overtime
Unit employees shall be paid statutory overtime in accordance with the FLSA for all time worked in excess of 171 hours in a 28-day work period. The rate of pay for statutory overtime shall be time and one half (1.5x) the employee’s “regular rate of pay” which includes all differentials and incentive pays as set forth in 29 CFR sections 778.108 and 778.109. a. Dual Calculation to Determine Statutory Overtime Owed Notwithstanding the contract overtime provisions specified in subsection 7.4 above, the City will conduct a dual calculation to determine the amount of statutory overtime owed for time actually worked in excess of 171 hours in the 28-day work period. To the extent the City’s dual calculation determines that FLSA overtime owed for the 28-day work period exceeds the amount of contract overtime paid pursuant to subsection 7.4 for the same 28-day work period, the difference will be paid to the employee by way of a FLSA adjustment.

7.6 Compensatory Time
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Employees may choose to be compensated for overtime work with compensatory time-off (compensatory time) at the rate of one and one- half (1.5) hours of compensatory time credit per overtime hour worked instead of receiving cash payment. The decision to receive overtime pay or compensatory time credit shall be made at the end of the pay period in which the overtime is worked. There is no provision for converting compensatory time to overtime pay except at termination. Compensatory time may be accrued up to a maximum of one-hundred twenty (120) hours per employee.

Overtime compensation earned via business travel time may be paid or allotted to the member's compensatory time bank unless said bank is already at the maximum of one-hundred twenty (120) hours.

Compensatory time off must be used in the fiscal year in which it is earned with the exception of eighty (80) hours. Eighty (80) unused hours can be rolled to the next fiscal year. Unused compensatory time over the eighty (80) hour accrual maximum as of each June 15th, will be paid, at the employee’s base hourly rate, on the pay period that includes June 30th.

If an employee has any unused accrued compensatory time at termination, the employee will be paid for such unused compensatory time at the employee’s base hourly rate of pay at termination.

7.7 Court Appearance Compensation
If an employee appears on a court subpoena during off-duty time, the employee will be compensated. Employees shall be compensated for off-duty court appearances on workdays as follows:
• An employee shall be compensated with a three (3) hour overtime minimum or actual time in court, whichever is greater, for any court appearance that starts more than onehalf (.50) hour before an employee's shift or more than one-half hour after the conclusion of an employee's shift.
• For court appearances which begin during an employee's shift or within a half­ hour (.50) of the start or conclusion of an employee's shift, the employee shall be compensated for the actual time worked.
• An employee shall be entitled to not more than two (2), three (3) hour minimums each day.

Employees shall be compensated for court appearances on scheduled days off as follows:
• An employee shall be compensated with a four (4) hour minimum or actual time in court, whichever is greater.
• An employee shall be entitled to not more than two (2), four (4) hour minimums per day.

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• An employee shall be entitled to only one (1) four (4) hour minimum per court session, e.g. one in the morning, one in the afternoon, or one in the evening (after 6:00 p.m.) • An employee shall receive a four (4) hour minimum if a court appearance is cancelled less than twenty-four (24) hours before the scheduled appearance.

7.8 Shift Trades

1. Employees may trade one or more work shift(s) with each other, subject to the following conditions:
a. Shift trades shall be made only with the prior approval of the on-duty Sergeant or Lieutenant.
b. Requests and approvals shall be documented by email
c. Both employees involved in the shift trade document the trade on the applicable timesheets
d. Employees trading shifts shall be qualified to work for each other.

2. An employee not able to fulfill a shift trade agreement shall either:
a. Secure another employee to work the shift, subject to the provisions of this section; or
b. Notify the on-duty Sergeant or Lieutenant that the shift will be vacant due to the inability of the employee to fulfill the shift trade and the Department will deduct the appropriate number of Vacation Leave hours from the employee’s Vacation Leave accruals (from the employee not able to fulfill a shift trade agreement) and fill the vacant shift with an employee selected by the Department. Notwithstanding Labor Code Section 227.3, if the department must fill the vacant shift with an employee on overtime status, Vacation Leave at the rate of time and one-half (1.5) will be deducted from the employee’s Vacation Leave accruals (from the employee not able to fulfill a shift trade agreement).

3. The Police Chief reserves the right to cancel any and all shift trades if deemed necessary and to restrict the number of shift trades if it is deemed to be in the best interests of the Department.

7.9 Shift Bidding

1. Shift bidding is a process which allows employees to choose a shift and days off based on seniority. Specialized units including, but not limited to Investigations, K9 and Traffic Officers are not subject to shift bidding and are assigned based on the needs of the DocuSign Envelope ID: 40A7551C-9022-4904-8A8A-48C67CFAF7AE DocuSign Envelope ID: 84EF8F36-3A6D-47EB-BFE8-96C2655845E1 DocuSign Envelope ID: 1696D31A-D837-4E9C-9F48-6E355EFDFB50 85

Department. Shift and day off selection within a specialized unit will be based on time in unit rather than Department seniority.

2. Shift bidding shall take place every six (6) months and shall be completed within seven (7) calendar days after bidding begins, and thirty (30) days before the start of the new shift. The start of the new shift will be the first day of the 28-day work period closest to the fifteenth (15th) of January and July.

3. Prior to the beginning of the bidding process, a new shift sign up folder will be created and maintained in the Sergeants' office until the close of the bidding process. An employee, or the employee’s designee, may bid for a shift by writing their name next to their top three shift choices. At the close of the bidding process, the scheduling sergeant (as designated by the Police Chief) will assign employees to shifts based on their choices and seniority. The results of the completed shift bid and new shift assignments will be posted in the Sergeants' office.

4. There shall be a thirty (30) day grace period starting from the first day of each new shift.

The grace period allows for an employee to fill an unexpected vacancy which arises after the start of a new shift. The desired shift must have been one of the officer's initial three (3) choices. Any vacancy that arises after the thirty (30) day grace period may be filled based on the needs of the department and only with approval of the Chief or designee.

5. In rare circumstances, and only in consultation with the POA and the City Manager, the Police Chief reserves the right, for cause, to adjust the shift bidding results when deemed in the best interest of the department. Notification of any changes in shifts shall be provided to the affected employees in writing and with at least fifteen (15) days' notice.

Section 8: STANDBY AND CALLBACK PAY

8.1 Standby Status and Standby Pay
When an employee is required to leave word where the employee can be reached for emergency call out or for other work-related purposes during a specified period outside the employee’s scheduled hours of work, such employee shall be considered on standby status. (This provision does not apply to court ordered standby status issued by the District Attorney's Office or Judge.)
The following provisions apply to standby status:

Compensation:

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1. Any employee formally placed on stand-by status in writing shall be paid two-hundred and fifty dollars ($250) per week (7 days). A partial week on stand-by status shall be prorated.

2. If an employee is contacted for fifteen minutes or more (including any combination of one or more telephone calls, emails and/or texts) for a work-related purpose or required to physically report to work for an emergency while on standby status, the employee will be compensated for a minimum of two (2) hours worked at one and onehalf (1.5) times the employee’s base hourly rate of pay. Any time worked in addition to the two-hour minimum will be compensated at one and one-half (1.5) times the employee’s base hourly rate of pay for each additional hour or fraction thereof. Work time shall commence from the time the employee is first contacted, as defined above, for a work-related purpose or first required to physically report to work until the time the employee returns home. For purposes of this provision, successive contacts during the same two (2) hour period following an initial contact or requirement to physically report to work is considered a single contact for purposes of the two (2) hour minimum.

3. Employees contacted for fifteen minutes or more for work-related purposes or called to physically report to work after midnight may elect to delay the normal start time for a shift scheduled later that same day by an amount of time equivalent to the time worked past midnight. If an employee elects to exercise this privilege, the employee must notify the supervisor in advance of the normally scheduled workday or within thirty (30) minutes of normal start time. If it is deemed to be detrimental to the operation of the City to grant this time off, the supervisor may deny the request. Employees who use this option will be paid their base hourly rate of pay for hours actually worked that day.

4. Employees must remain fit for duty during the entire period the employee is on standby status.

8.2 Call Out Procedure
Employees may be called back or called out to report back to work to perform necessary duties outside their normal work hours. In the event an employee is called back to work before or after normal working hours, the employee will be compensated for a minimum of two (2) hours of work at one and one-half (1.5) times the employee’s base hourly rate of pay. Any time worked in addition to the minimum two (2) hours will be compensated at one and one-half (1.5) times the employee’s base hourly rate of pay for each additional hour or fraction thereof.

In the event an employee is called in to work and the time worked continues beyond the schedule start of the employee’s regular work shift, the employee will be compensated at the employee’s base hourly rate of pay once the regular work shift begins. Work time shall commence from the time the employee is contacted to report to work.

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Section 9: HOLIDAYS

9.1 Holidays
The following holidays are recognized as regular holidays for pay purposes. Regular full-time employees are entitled to receive eight (8) hours of holiday pay at a rate of one and one half (1.5) times their base hourly rate. Holiday pay may be used to increase the employee’s compensatory time off accrual bank.

The City will observe the following holidays:
• December 31st- New Year's Eve Day
• January 1st- New Year's Day
• Third Monday in January- Martin Luther King Jr. Day
• Third Monday in February- President's Day
• Last Monday in May - Memorial Day
• June 19th- Emancipation Day
• July 4th - Independence Day
• First Monday in September - Labor Day
• November 11th- Veteran's Day
• Fourth Thursday in November- Thanksgiving Day
• Fourth Friday in November- Day After Thanksgiving
• December 24th - Christmas Eve Day
• December 25th - Christmas Day
• Employee's Birthday
An employee who wishes to be excused from work in observance of a religious holiday (not listed as a "Regular Holiday for Pay Purposes") shall request approval of such absence from the Police Chief. If approved, such time off shall be charged against the employee's accumulated compensatory time or vacation leave.

9.2 Holiday Pay Eligibility
If a holiday falls on an employee’s regular workday or scheduled day off the employee will receive eight (8) hours of holiday pay.

If a holiday falls on an employee regularly scheduled workday and the employee calls in sick on the holiday, the employee will not receive holiday pay.

If a holiday falls on an employee's regular workday, and the employee is on a scheduled vacation, the employee will receive eight (8) hours of holiday pay; however, the vacation hours taken that day will be deducted from the employee’s vacation accrual.

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Section 10: VACATION

10.1 Eligibility
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. An employee may not accrue vacation while on any unpaid leave of absence.

10.2 Vacation Accrual
The City recognizes its employees' loyalty and longevity of service by granting an increase in vacation hours at milestone anniversary dates. Regular full-time employees shall be entitled to accrue paid vacation for years of service according to the schedule below.

YEARS OF SERVICE VACATION HOURS ACCRUED PER YEAR
Year 0-3 80 hours per year
Year 4-7 120 hours per year
Year 8-14 160 hours per year
Year 15+ 200 hours per year
The increase in rate of 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. Vacation accruals are calculated on a bi-weekly basis with the City's pay period schedule and are reflected on the employee's paycheck.

Note: Employees that were serving in the City of Oakley with the Contra Costa Sheriff’s Office as of April 15, 2015, shall receive credit for years served with the Contra Costa Sheriff’s Office.

10.3 Vacation Accumulation
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 their annual accrual as follows:

YEARS OF SERVICE MAXIMUM VACATION ACCRUAL
Year 0-3 200 hours maximum
Year 4-7 300 hours maximum
Year 8-14 400 hours maximum
Year 15+ 500 hours maximum
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Unused vacation hours over the maximum vacation accrual, as of each December 1st, will be paid, at the employee’s base pay, on the first full pay period after December 1st.

10.4 Use of Vacation
Vacation shall be requested via email as far in advance as possible with the Division Commander or designee. An employee shall submit an email request to the Division Commander or designee and approval of the Division Commander or designee is required prior to taking vacation time off. The Division Commander or designee shall respond to the employee via email within seven (7) calendar days after submission of the request. Vacation leave shall not be used beyond the time accrued. The time at which an employee may use accrued vacation leave and the amount taken at any one time shall be determined by Division Commander or designee, with particular regard for the needs of the Department.

10.5 Illness during Vacation
Vacation leave may be changed to sick leave if an employee submits a doctor's certificate/note satisfactory to Human Resources indicating that the employee was ill and unable to work during the employee's scheduled vacation.

10.6 Vacation at Separation
Employees whose employment with the City terminates shall be paid for the part of their vacation accumulation that remains unused at the time of separation. Payment for unused vacation shall be made at the employee’s base rate of pay at the time of separation.

Designation of Beneficiary
When termination is caused by the death ofthe employee, pay for unused vacation shall be paid to the beneficiary the employee has designated. Such designation shall be in writing, signed by the employee and filed with Human Resources. If the employee is married and designates a beneficiary other than the spouse for more than fifty percent (50%) of the benefits payable, the signature of the spouse also shall be required on the designation. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee.

10.7 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 base hourly 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 their 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 eighty (80) hours of vacation or compensatory time off 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.

10.8 Hardship Request
In the event an employee eligible for vacation accrual experiences a financial hardship due to circumstances beyond the employee’s control, the employee may submit a request to Human Resources to receive cash payment of accrued vacation at any time during the year. Hardship Request forms are available in Human Resources. 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.

2. Human Resources 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 and a check will be prepared within three (3) business days.

Section 11: SICK LEAVE

11.1 Statement of Policy
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Sick leave is an employee benefit of paid time off granted to an employee to use for personal illness or injury, medical or dental treatment, and as described in this MOU or required by law.

The employee shall make notification by contacting the on-duty Supervisor as soon as possible after determining the need for sick leave and, to the extent possible, prior to the time set for reporting to work on the first day of such leave and as often thereafter as directed by the employee’s Supervisor or the Police Chief. Notifications shall be made by telephone to the Supervisor. If the Supervisor is out of the office, the employee shall notify Dispatch of the need for sick leave and provide a telephone number where the employee can be contacted. Dispatch will notify the on-duty Supervisor of the call.

11.2 Accrual
Regular full-time employees earn 3.69 hours of sick leave per pay period (96 hours per year).

Sick leave is not earned during any unpaid leave of absence.

For recruitment purposes, and the desire to fill vacancies with lateral officers, the City Manager, upon recommendation of the Police Chief, may grant an initial 40 hours of sick leave on the date of hire.

11.3 Accumulation
An employee may accrue up to one thousand (1,000) hours of sick leave. Once the accrual maximum is reached, the employee can earn no other paid sick leave until the accrual balance is reduced.

11.4 Use
Employees are entitled to use their accrued sick leave to be off work without the loss of compensation under the following conditions:

1. For the employee's own illness or injury or for the illness or injury of the employee’s family member. For purposes of this Section, “family member” is defined as a biological, adopted, or foster child; stepchild; legal ward, or a child to whom the employee stands in loco parentis; a biological, adoptive, or foster parent; stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; or sibling.

2. For the employee's receipt of required medical or dental care or consultation or for the required medical or dental care or consultation of the employee’s family member.

3. For employees who are victims of domestic violence, sexual assault or stalking as specified in state law.

4. For supplemental bereavement leave as provided in this MOU.

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5. Within the first week of the birth or adoption of a child up to a maximum of 40 hours.

Each hour of authorized sick leave usage shall be deducted from the employee's accumulated sick leave bank.

11.5 Sick Leave Verification
The Police Chief may request a doctor’s verification or other reasonable proof of the employee’s need for sick leave when the use of sick leave results in an absence from work for more than three (3) consecutive shifts and/or when the City has reason to believe that an employee is abusing sick leave on one or more of the bases described in Section 11.7.

Employees who are absent from work due to sick leave use shall not engage in any activity that would inhibit their ability to return to work at the earliest possible time.

11.6 Depletion of Available Sick Leave
In the event an employee's extended need for sick leave depletes the employee’s accrued sick leave, the Police Chief may approve the use of accrued vacation leave for the employee’s continued absence. Upon depletion of leave benefits, a medical leave without pay may be granted with approval of the City Manager.

11.7 Abuse of Sick Leave
The City encourages employees to use these sick leave hours wisely and maintain a comfortable number of hours available for unforeseen situations. The City considers the abuse of sick leave to be a serious offense and evidence substantiating sick leave misuse and abuse will result in disciplinary action, up to and including termination from employment.

Examples sick leave misuse and abuse include the following:
• Failure to notify a supervisor of the need for sick leave without reasonable explanation. • Failure to provide physician's verification when required to do so. • Submitting a fraudulent physician verification.
• Use of sick leave for an unauthorized purpose.
• Continued pattern of maintaining zero or near zero sick leave balances or seeking approval of leave without pay because sick leave accrual has been exhausted. • Pattern of abuse, for example, the routine use before and/or after holidays; before and/or after weekends or regular days off; after pay days or any one specific day; DocuSign Envelope ID: 40A7551C-9022-4904-8A8A-48C67CFAF7AE DocuSign Envelope ID: 84EF8F36-3A6D-47EB-BFE8-96C2655845E1 DocuSign Envelope ID: 1696D31A-D837-4E9C-9F48-6E355EFDFB50 93

following overtime worked; frequent use of half days; and/or any routine use of any combination of the above.

The City 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.

11.8 Sick Leave Conversion

1. At Retirement (Service or Disability):

Sick leave is forfeited and not cashed out upon retirement, unless an employee has completed ten (10) years or more with the City at the date of retirement.

If years of service is met, one hundred percent (100%) of the value of accrued sick leave will be paid to the employee at retirement as follows:
a. Payment can be taken as a lump sum cash payment or deposited into the employee’s deferred compensation account (as allowed under the terms and conditions of the plan and Internal Revenue Service regulations) or used as a payment to CalPERS to buys service credits.
b. Only fifty percent (50%) of the accrued sick leave can be allocated to CalPERS to buy service credits.

2. At Separation:
a. Employees hired on or before June 30, 2022
Sick leave is forfeited and not cashed out upon separation, unless an employee has completed ten (10) years or more with the City at the date of separation.

If years of service are met, fifty percent (50%) of the value of accrued sick leave or 360 hours, whichever is less, will be paid to the employee at separation as follows:
• Payment can be taken as a lump sum cash payment or deposited into the employee’s deferred compensation account (as allowed under the terms and conditions of the plan and Internal Revenue Service regulations)
b. Employees hired on or after July 1, 2022
Sick leave is forfeited and not cashed out upon separation.

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Note for Section 11.8: All employees that were serving in the City of Oakley with the Contra Costa Sheriff's Office as of April 15, 2015 shall receive credit for years served with the Contra Costa Sheriff's Office to determine eligibility for sick leave conversion at retirement.

11.9 SICK LEAVE DONATION FOR· CATASTROPHIC CIRCUMSTANCES An employee may be eligible to receive donations from co-workers of up to four-hundred eighty (480) hours of paid sick leave to be included in the employee's sick leave bank, if exhausted, with the City Manager's written approval and only if the employee has suffered a catastrophic illness or injury which prevents the employee from being able to work, and only if the employee is in good standing. A catastrophic illness or injury is a medically certified illness, injury, impairment, or physical condition that prevents an eligible employee from returning to work for a period of sixty (60) or more calendar days.

1. Rules of Sick Leave Donation Program
a. An employee is not eligible to receive sick leave donations if the employee is currently receiving workers' compensation, short-term or long-term disability benefits.
b. An employee using donated sick leave will not accrue additional sick leave or vacation leave but will continue receiving all other employment benefits. c. Donated sick leave may not be converted into a cash benefit.

2. An Employee may donate sick leave if the donating employee:
a. 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;
b. Donates a minimum of eight (8) hours;
c. Retains a combined leave balance (vacation and sick) of at least one-hundred sixty (160) hours;
d. Donates time in one (1) hour increments. For everyone (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.

3. Donations are voluntary and the City Manager shall respect an employee's right to privacy, however, the City Manager may, with the express permission of the employee who is in need of leave, inform co-workers of the employee’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.

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11.10 On-the-Job Injury
Employees receiving 4850 pay for a work-related injury/disability are entitled to the following:

1. Full credit for all time spent on the work-related injury/disability leave for purposes of their performance evaluations and eligibility for all wage increases. Wage increases shall not be prorated or apportioned based on the amount of time an employee is off work on work-related injury/disability leave.

11.11 Off-the-Job injury
Any injury /illness occurring other than in the service of the City may be compensated for through the provisions of the long-term disability insurance plan provided by the City.

Section 12: OTHER LEAVES OF ABSENCE

12.1 Personnel Leave of Absence without Pay
Upon recommendation of the Police Chief, the City Manager may grant an employee a leave of absence without pay in cases of emergency or where such absence would not be contrary to the best interests of the City. No such leave shall be granted except upon written request, and the approval must be in writing. Requests should be made as far in advance as practical. Such leave shall not exceed three (3) calendar months duration. Loss of service credit will occur for the duration of the leave; no benefit credit will be accrued toward vacation or sick leave.

Employee insurance benefits will remain in effect. Performance review will be deferred if necessary or may be rescheduled upon return to work.

12.2 Bereavement Leave
Employees shall be granted up to three (3) working days leave with pay by the Police Chief in the event of death in the immediate family of the employee if death occurred within the State and up to five (5) days if death is outside of the State. ("Immediate family" is defined in "Definitions" section of this MOU).

Additional time off in excess of three (3) or five (5) days may be taken by an employee with prior approval of the Police Chief and the City Manager. Such additional time off is to be charged in the following order:
a. Accumulated sick leave
b. Accumulated vacation leave
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c. Accumulated compensatory time
d. Leave of absence without pay.

12.3 Subpoena
Employees who are subpoenaed to appear as witnesses on behalf of the Federal Government or any of its agencies, the State of California or any of its agencies, or the City of Oakley or any of its agencies, shall be granted leave for such purposes, upon presentation of the subpoena to the Police Chief. Said employees shall receive full pay, for scheduled workdays, for such appearances, provided the employee remits to the City all fees as soon as received by the employee for such appearances.

For appearances in Contra Costa County as a result of a subpoena from the District Attorney, Public Defender, Department of Motor Vehicles or any other Government Agency, compensation shall be as indicated in Section 7 of this MOU.

Compensation or expenditures of the employee, for mileage or subsistence allowances, shall not be considered as a fee and shall be retained by the employee.

12.4 Jury Duty
Employees required to report for jury duty shall be granted leave for such purpose, upon presentation of jury notice to the Police Chief. Said employees shall receive full pay, for scheduled workdays, for the time served on a jury, provided the employee remits to the City all fees as soon as received by the employee for such duties. Compensation for mileage or subsistence allowances shall not be considered as a fee and shall be retained by the employee.

Section 13: LAYOFFS

13.1 City Council Action
The City Council shall determine which position(s) shall be eliminated within the organization.

Human Resources shall determine and notify the employee(s) to be laid off as a result of the eliminated position(s).

13.2 Order of Layoffs
To determine which employee is to be laid off as a result of an eliminated position, Human Resources shall use the following procedure:

1. Prepare a list of every employee in the affected classification. (A classification is defined as a position or group of positions sufficiently similar in duties and DocuSign Envelope ID: 40A7551C-9022-4904-8A8A-48C67CFAF7AE DocuSign Envelope ID: 84EF8F36-3A6D-47EB-BFE8-96C2655845E1 DocuSign Envelope ID: 1696D31A-D837-4E9C-9F48-6E355EFDFB50 97

responsibilities in which the same title, qualifications, test of fitness and salary range can be applied.)

2. Determine which employee(s) within the classification will be laid off. If there is only one (1) employee in the classification, that employee shall be given a layoff notice.

If there are two (2) or more employees within the same classification, Human Resources shall apply the following order in determining which employee shall be laid off:

First, temporary employees in the classification shall be laid off. The City Manager shall determine which temporary employee(s) shall be laid off.

Second, if there are no temporary employees in the classification, layoff will be determined by seniority in City service.

3. Seniority shall be defined as follows:

As determined by official City payroll records, all service in the employ of the City shall be counted toward the establishment of an employee's City seniority service ranking including temporary, regular part-time, probationary and regular full time, as well as obligatory leaves for military service while an employee of the City. Loss of service credit will occur for the period of a leave of absence without pay. Less than full time service will be consolidated in equivalencies of full-time service for the purpose of establishing City seniority service ranking.

Note: All new employees that were serving in the City of Oakley with the Contra Costa Sheriff's Office as of April 15, 2015 shall receive credit for years served with the Contra Costa Sheriff's Office to determine seniority.

13.3 Displacement Rights
An employee designated to be laid off shall receive written correspondence with at least a minimum thirty-day layoff notification and displacement rights.

13.4 Notification of Displacement
An employee scheduled to be laid off must request displacement in writing to Human Resources within seven (7) working days of receipt of notice of layoff. An employee displacing to a lower or related classification shall be placed at the salary tier representing the least loss of pay. In no case shall the salary be increased above the amount received in the classification from which the employee was laid off.

Employees assuming a lower or related classification shall serve a probationary period in the new classification unless they previously have completed a probationary period in the classification.

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13.5 Reemployment
The names of employees laid off or displaced shall be entered on a reemployment list in the inverse order specified in Section 13.2 of this Section. As reemployment opportunities become available in the classification from which the employee was laid off: the employees on the list, commencing with the highest score, shall be offered return to those positions. Reemployment lists shall remain in effect for two (2) years.

Laid-off or displaced employees will be notified of reemployment opportunities by certified mail at the last official known address of the laid-off or displaced employee. It shall be the responsibility of the laid-off or displaced employee to inform the City in writing of any changes in address.

The laid-off or displaced employee must notify Human Resources of acceptance within three (3) workdays of receipt of the mailing as reflected on the postal service certified return receipt. The employee shall be notified of such time limit in the written reemployment offer. Failure to contact the designated City official within such period shall be deemed as rejection of the vacant position and will remove the employee from the reemployment list.

Section 14: EMPLOYEE BENEFITS

14.1 Retirement Plan
Employees shall participate in the California Public Employees Retirement System (PERS) 2.7% at 57 plan pursuant to the terms and conditions of the California Public Employees' Pension Reform Act of 2013 (PEPRA). The plan includes the 4th Level 1959 Survivor's Benefit and a 3% C.O.L.A.

The City does not participate in the Social Security Plan with the exception of the mandatory Medicare (FICA) deduction.

14.2 Disability Insurance
During the term of this agreement, the employee shall pay the cost of long-term disability insurance. The cost for this insurance shall be paid over 24 pay periods through payroll deductions. Should an employee separate from the City prior to the monthly amount being deducted, the City will deduct the difference on the employee’s final paycheck.

14.3 Insurance Program

1. Health
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The City shall provide a health, dental, vision, and life insurance plan for employees and their dependents.

A health care plan will be available for all employees. The City’s monthly health insurances premium contribution each calendar year will be as follows:

December 1, 2022
Employee Only $1,235 per month
Employee Plus $1,835 per month
December 1, 2023
Employee Only $1,235 per month
Employee Plus $1,935 per month
December 1, 2024
Employee Only $1,235 per month
Employee Plus $2,060 per month
December 1, 2025
Employee Only $1,235 per month
Employee Plus $2,185 per month
December 1, 2026
Employee Only $1,235 per month
Employee Plus $2,335 per month
If the City’s contribution exceeds the cost of the health care premium in any given month, no cash payment shall be made to the employee regardless of the level of coverage with the following exception:
a. Employees hired before September 30, 2016 whose premium is less than $1,235 per month, may receive the difference between the covered cost and the $1,235 as cash in lieu.

If the employee declines health insurance coverage, has submitted a completed waiver form and proof of legally compliant health care coverage, the City will provide a cash in lieu benefit as follows:
a. Employees hired before September 30, 2016 who have alternate health coverage, will receive a cash in lieu benefit of $1,235 per month.

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b. Employees hired on or after October 1, 2016, who have alternate health coverage, will receive a cash in lieu benefit of $400 per month.

2. Dental & Vision
Dental and vision coverage for employee and dependents are currently paid for by the City.

3. Life
The City will provide a life insurance policy of $100,000 to the employee.

14.4 Wellness Benefit
The City will provide a $10 per month gym reimbursement to employees with a gym membership to any Oakley gym.

Reimbursement must be made in writing quarterly and proof of payment must be received in order to be considered.

14.5 Deferred Compensation
Employees may participate in the deferred compensation plan in accordance with the guidelines of that plan as long as such a plan is offered to any employees through the City.

14.6 This sub-section is intentionally left blank

14.7 Mileage Reimbursement/Allowance
Whenever an employee is required to use a private vehicle in the conduct of City business, such employee is entitled to reimbursement for actual mileage. Mileage is reimbursed at the rates prescribed by the IRS. Also, in the event of an accident while using a private vehicle on City business, the employee's insurance will be primary; however, the City will cover the employee's deductible cost.

14.8 This sub-section is intentionally left blank
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14.9 Retiree Medical
Employees will participate in the Peace Officers Research Association of California (PORAC) Medical Trust. The City will pay four hundred and fifty dollars ($450) per month into the PORAC Medical Trust on behalf of the employee from the date of hire until the employee's separation date. The $450 dollar amount will be reviewed annually for increases to reflect increases in salary. After retirement, employees will receive benefits from the Trust based on the years of service and credits accrued once the minimum age and years of the Trust's participation requirements have been met. Contributions will be made for all employees in the Oakley Police Officers Association and employees may not individually elect against participation in the PORAC Medical Trust Plan.

Section 15: UNIFORMS, BOOTS & SAFETY EQUIPMENT
The City shall pay the full cost of employee uniforms and safety equipment. In the event these uniforms are damaged in the course of work or are worn out as a result of normal wear, the uniforms shall be replaced at no cost to the employee.

The City shall cover the cost of laundering/dry cleaning of uniforms at a designated location.

The City has estimated the total cost of uniforms, including the cost of dry cleaning to be approximately $1,000 per employee annually. This uniform allowance is reportable to CalPERS as compensation for all Classic CalPERS members. The City will report this to CalPERS on a biweekly basis in the amount of $38.46 per pay period. The City and employee will pay the applicable CalPERS contribution on this amount.

The City shall provide one pair of boots to each employee every calendar year, in an amount not to exceed $200. Boots shall be purchased from vendors and with specifications approved by the Police Chief and worn as directed. Boots do not meet the requirements of CalPERS to be reportable compensation therefore, boots will not be reported to CalPERS.

Uniformed employees required to ride a motorcycle as part of their duties will be issued one pair of motorcycle boots every two years, paid for by the City. Motorcycle boots do not meet the requirements of CalPERS to be reportable compensation therefore, motorcycle boots will not be reported to CalPERS.

Section 16: DISCIPLINARY PROCEEDINGS

16.1 Causes for Disciplinary Action
Employees may be disciplined for just cause including, but not limited to the following:

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a. Fraud of any kind, including in securing appointment or making a false statement on an application for employment
b. Incompetence, inefficiency, carelessness, inattention, or neglect of duty c. Insubordination\ willful disobedience
d. Less than satisfactory performance
e. Dishonesty or immorality
f. Being under the influence of alcohol or medications while on duty g. Illegal possession, use, or addiction to the use of narcotics or controlled substances h. Unauthorized leave of absence
i. Abuse of sick leave
j. Tardiness
k. Failure to immediately report an accident involving damage to City vehicles and/or equipment
l. Conviction of a felony or conviction of a misdemeanor involving moral turpitude m. Discourteous treatment of the public or other employees n. Prohibited political activity in violation of the California Government Code o. Abuse or misuse, or appropriation for personal use, of City property p. Violation of any of the provisions of the Personnel Rules and Regulations, Departmental Rules and Regulations, and/or any provision of this MOU q. Any willful act of conduct undertaken in bad faith, either during or outside of duty hours, which is of such a nature that it causes discredit to the agency, the employee's department or division
r. Outside employment not specifically authorized by the Police Chief and City Manager
s. Any other conduct equal to the reasons enumerated about as determined by the Chief of Police

16.2 Types of Disciplinary Action
Types of disciplinary action, which may be taken, in order of severity, are: dismissal, disciplinary demotion, disciplinary suspension, written reprimand, oral warning, or an appropriate combination of these disciplinary actions. The aforementioned types of disciplinary action are defined as follows:
a. Dismissal
The discharge of an employee from City service.
b. Disciplinary Demotion
A permanent change in classification of an employee to a position of lower responsibility and pay for unsatisfactory performance or disciplinary reasons.

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c. Disciplinary Suspension
The temporary suspension of an employee from City service, without compensation, for a period not to exceed thirty (30) calendar days in anyone (1) calendar year. d. Written Reprimand
Notification in writing to the employee that there is a cause for dissatisfaction with the employee's services and that further disciplinary measures may be taken if the cause is not corrected.
e. Oral Warning
Verbal notification to employee that performance did not meet expectations.

16.3 Persons by Whom Disciplinary Action May Be Taken
The City Manager, Police Chief or designee may take disciplinary action against an employee under the City Manager or Police Chief’s control for cause. The employee shall be informed of the disciplinary action to be taken within two weeks after the completion of the City's investigation.

16.4 Disciplinary Action Procedure
All disciplinary actions taken against a sworn police employee will be pursuant to and in compliance with the Peace Officer's Bill of Rights as specified in the Government Code.

1. Pre-Disciplinary Action Procedure
Disciplinary action, which would result in loss of employee salary, shall conform to the following procedural safeguards prior to imposition of disciplinary action:
a. Notice: Written notice of the proposed disciplinary action shall be served upon the employee;
b. Reasons: Reasons shall be cited for the proposed disciplinary action; c. Charge and Material: A copy of the charges and access to material upon which the action is based shall be included;
d. Employee Response: The employee shall have the right to respond, either orally or in writing, to the authority initially imposing the disciplinary action.

The above stated notice and charges shall be served upon the employee either personally or by certified mail. The charges shall be detailed so as to give the employee fair opportunity to review and respond to the charges.

Upon receipt of the notice and charges, the employee shall have not less than three (3) working days within which to respond in writing or to request an informal nonevidentiary hearing before the person by whom disciplinary action was taken and /or DocuSign Envelope ID: 40A7551C-9022-4904-8A8A-48C67CFAF7AE DocuSign Envelope ID: 84EF8F36-3A6D-47EB-BFE8-96C2655845E1 DocuSign Envelope ID: 1696D31A-D837-4E9C-9F48-6E355EFDFB50 104

the Police Chief. The purpose of this hearing is to allow the employee's representative and/or the employee to make any representations believed relevant to the case. The hearing shall be held as expeditiously as possible but not more than three (3) working days after the request for hearing unless there is an agreement to extend by both parties. The hearing shall be subject to taping or transcription.

An employee may be relieved from duty and placed on paid leave pending the final decision of the proposed action if such leave is necessary to protect the public service or public interest.

2. Final Disciplinary Action Procedure
Disciplinary action causing loss of employee salary and any other form of discipline shall be imposed in accordance with the following procedure: A written notice shall be served on the employee and filed with the City Manager with a copy to Human Resources as soon as reasonably possible, but not later than five (5) working days after the date discipline is imposed. The notice shall be served on the employee either personally or by certified mail and shall include:
a. A statement of the nature of the disciplinary action; b. The effective date of the action;
c. A statement of the cause for the discipline and citing the rule(s) violated; and d. Said notice may include conditions or future actions to be taken.

16.5 Right of Appeal - Procedure
An employee shall have the right of appeal from any disciplinary action taken under this article.

Such appeal must be filed in writing with the Police Chief with a copy to Human Resources within ten (10) calendar days after receipt of written notice of such disciplinary action. The appeal must state specifically the issue(s) in controversy and the facts upon which the issue(s) is based. The Police Chief will respond within ten (10) days of receipt of the appeal. If the employee is not satisfied with the Police Chief's review, the employee may appeal to the City Manager.

Such appeal must be filed in writing with the City Manager with a copy to Human Resources and the Police Chief within ten (10) calendar days of receipt of the Police Chief's response. In the case of suspensions of three (3) days or more, the City Manager may conduct, upon the employee's request, an independent review of the discipline imposed for the purpose of affirming, modifying or reversing the discipline. The City Manager will respond within ten (10) calendar days of receipt of the appeal.

If the employee is not satisfied with the City Manager's review, the employee may appeal the matter to final appeal hearing officer who shall be selected by the City Manager with input from DocuSign Envelope ID: 40A7551C-9022-4904-8A8A-48C67CFAF7AE DocuSign Envelope ID: 84EF8F36-3A6D-47EB-BFE8-96C2655845E1 DocuSign Envelope ID: 1696D31A-D837-4E9C-9F48-6E355EFDFB50 105

the employee. The final appeal hearing officer shall be independent, have had no role in the matter and shall have had previous experience serving in such a capacity. The appeal shall be made in writing to Human Resources within ten (10) calendar days of receipt of the City Manager's decision.

The fees and expenses of the final appeal hearing officer shall be shared equally by employee and the City. Each party, however, shall bear the cost of its own presentation.

The final appeal officer shall conduct a hearing and identify the facts in the case and shall make a final decision on the matter within thirty (30) days of the hearing. The decision of the final appeal officer shall be binding upon both parties.

16.6 Waivers/Withdrawal of Appeal
Notwithstanding any provisions in this article, any time limit or stage of procedure herein provided may be waived upon consent of both parties involved; At any time after an appeal has been filed, an employee shall have the right to withdraw the appeal by written notification to the City Manager.

Failure of the employee to file an appeal within the period specified constitutes a waiver of appeal.

Failure of the employee to appear at the hearing shall be deemed a withdrawal of the appeal and the action of the Police Chief shall be final.

16.7 Effect of Certain Disciplinary Action Interpretive Suspension An employee suspended from the City service shall forfeit all rights, privileges and salary, except that the employee shall not forfeit the employee’s health plan, pension, long term disability, nor life insurance while on suspension.

Discharge
An employee who has been discharged from City service shall be paid salary accumulated to the effective date of termination, and any accrued compensatory time or vacation leave.

Demotion
An employee who has been demoted shall be reduced from a position in one classification to a position in a lower classification having lesser duties and responsibilities and a lower maximum rate of pay for disciplinary purposes.

Official Reprimand
An employee who has been issued an official reprimand shall be given a written notice, and a copy shall be placed in the employee's personnel file. The employee shall sign an acknowledgment that the employee has received a copy of the written notice.

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16.8 Informal Corrective Counseling

1. Purpose
The effective and efficient operation of the Oakley Police Department requires employees to conform to Oakley Police Department standards. The Chief of Police believes that positive correction is often more effective than punishment. Therefore, an informal system of training and counseling has been established to assist employees in improving behavior and performance without the negative effects of lasting disciplinary measures.

The corrective counseling system is designed to give the employee an opportunity to correct behavior by clearly identifying the problem and defining a course of action to correct the problem. This informal written counseling session will remain in the officer's personnel file for the duration of the annual evaluation period. Employees may be placed into the corrective counseling system by a supervisor of the rank of sergeant or above.

2. Interview
The initial step for placement into the corrective counseling system is a meeting available information and conduct any necessary investigation. This meeting allows the employee an opportunity to present an explanation of the incident or behavior and provides the supervisor an opportunity to remind the employee of any rules, policies or procedures that were violated.

At the conclusion of the interview, the supervisor may indicate the need for corrective action, additional training, or increased supervision or the supervisor may require further investigation into the behavior.

If at any time during this process the supervisor should determine that informal corrective counseling is not appropriate and disciplinary action may be recommended the supervisor should discontinue the informal corrective counseling procedure and request further investigation be conducted by an internal affairs investigation through the chain of command.

3. Corrective Action
Each incident requires timely corrective action which directly addresses the employee's behavior problem. Appropriate corrective action can be as simple as the counseling which is provided during the meeting with an employee. Other circumstances may require more stringent monitoring of employee behavior, a more structured work environment, increased supervision, specific training, counseling programs, and medical or psychological evaluation and intervention.

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4. Documentation
The supervisor will prepare an informal corrective counseling memorandum to be forwarded through the chain of command and placed into the officer's personnel file, for six (6) months. This memorandum will be addressed to the employee and it will document the issues discussed during the interview and will clearly describe the course of action to be taken to correct the unacceptable behavior.

The employee will have the opportunity to read and sign the memorandum prior to its placement into the officer's personnel file. The signing of the document by the employee is not an admission of culpability. If the employee refuses to sign the memorandum, the supervisor will note the refusal on the memo. The employee will not be ordered to sign the memo. The employee will be given the original memorandum, and a copy will be forwarded through the officer's chain of command.

The officer may prepare a separate memorandum setting forth that officer's position on the situation. This written memo shall be submitted no later than thirty (30) days after the interview and forwarded through the same chain of command as the informal corrective counseling memorandum. The officer's memo shall remain with the informal corrective counseling memo in the officer's personnel file, until they are both purged at the time of the officer's annual evaluation.

The informal corrective counseling system is designed improve an officer's behavior and performance and is not disciplinary. Placement into the informal corrective counseling system is not subject to the grievance procedure.

Section 17: GRIEVANCE PROCEDURE

17.1 Definition
A grievance is a complaint or problem, which arises from the application and/or interpretation of this Memorandum of Understanding.

17.2 Procedural Steps
Any grievance arising from the application and/or interpretation of the provisions of this MOU, wherever possible, should be considered within the Department. Use of this procedure shall not reflect unfavorably on the employee, the supervisor (s), the Police Chief or the general management of the City. Retaliatory or discriminatory action against an employee for using this procedure or discrimination in the application of a rule or policy shall be a violation of City policy.

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1. Purpose of Rules
a. To promote full communication between the City and its employees by providing a reasonable method of resolving disputes regarding the provisions of this MOU, wages, hours and other terms and conditions of employment between the City and the employee.
b. To assure the employee of a prompt and fair discussion of the issue involved. c. To provide that complaints shall be settled as near as possible to the point of origin.
d. To encourage the prompt resolution of problems and complaints of any employee.
e. To enable employees to make their complaints known by an orderly process. f. To provide that complaints shall be heard and settled informally.

2. Submission of a Complaint, Grievance or Problem
In the informal complaint procedure, the complainant may present a complaint or problem verbally or in writing. If presented verbally, the complainant may, at any stage of the process or review, submit a complaint or problem in writing. The City Manager, the Police Chief or the supervisor may, at any stage of the process or review, request that the complaint or problem be put in writing and submitted.

3. Discussion of Complaint, Grievance or Problem
Any complaint or problem arising out of employment should, wherever possible, be considered within the Department. When a complaint or problem arises, it shall be brought to the attention of the immediate supervisor by the employee involved as soon as possible. Should the employee fail to bring a complaint or problem to the attention of the supervisor within three (3) working days of the date of the action or incident causing the complaint, it shall be considered as a waiver by the employee of the employees’ right to submit the complaint.

The supervisor must take action on the complaint and notify the complainant of the action or decision within three (3) working days from the date the complaint was submitted.

If the matter is one which can be adjusted by the immediate supervisor to the satisfaction of the employee, this shall terminate the complaint.

If the matter cannot be adjusted or settled by the immediate supervisor within three (3) working days from the date of submission, or if the complainant is still dissatisfied after the decision of the immediate supervisor, the employee may submit a complaint to the Police Chief. The complaint must be submitted to the Police Chief within three (3) working days from the date of the supervisor's decision or the complaint shall be terminated.

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The Police Chief shall confer with the complainant, the supervisor and such other persons as may be necessary to gather all the facts and to find a solution. The Chief must take action and notify the complainant of the action or decision within five (5) working days from the date the complaint was submitted.

4. City Manager Review of Complaint, Grievance or Problem If the complainant is not satisfied after informal discussions and the Police Chief's decision, the complainant may, within ten (10) calendar days of the date of the Police Chief's decision, request in writing a meeting with the City Manager. Failure of the complainant to make such a request within the ten (IO) day period shall terminate the complaint.

Upon receiving the written request, the City Manager shall within seven (7) calendar days, discuss the complaint or problem with the complainant, the complainant’s representative, if any, and all principals involved for the purpose of resolving the complaint or problem.

The City Manager may make or cause to be made any inquiry, investigation or compilation of facts deemed necessary to assist in reaching a decision. The City Manager shall render a decision in writing to the complainant with a copy to the Police Chief within fourteen (14) calendar days of the date the complainant's written request was received. The decision of the City Manager shall be final.

Section 18: SAFETY

18.1 Safety Committee Appointment
The Police Department may appoint one (1) employee representative to the City Safety Committee.

18.2 Injury and Illness Prevention Program
The City will provide a comprehensive Injury and Illness Prevention Program (IIPP) which is designed to prevent workplace accidents, injuries and illnesses.

Section 19: PROMOTIONAL GUIDELINES FOR SERGEANTS

1. Human Resources will provide notification of the promotional opportunity at least fifteen (15) days in advance of the closing date for the filing of an application.

2. A promotional memo will be prepared outlining the application process, basic job duties and testing process.

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3. To be eligible for a promotion, an employee must have five (5) years prior law enforcement experience, or three (3) years served at Oakley PD, or prior experience as a sergeant or above.

4. All applicants must have completed their probation period prior to submitting an application.

5. Applicants who receive a cumulative score of seventy percent (70%) or higher on the written exam will continue to the panel portion of the selection process.

6. The top five (5) candidates as determined by the panel on the forced ranking sheet will be placed on the eligibility list in alphabetical order and will be given to the Police Chief for consideration.

7. The Police Chief shall have the right to select from any of the top five (5) eligible candidates on the list or from any of the eligible candidates on an eligibility list containing less than five (5) candidates.

8. The list will remain in effect for a period of twelve (12) months.

9. If the eligibility list is exhausted prior to the twelve (12) month period, a new promotional list will be prepared based on the guidelines outlined above.

Section 20: CITY’S EXISTING PERSONNEL POLICIES MANUAL
Reference and guidance for action on any other matters of Department policy not included in this MOU, can be found in the City’s Personnel Manual adopted April 25, 2017, or any superseding Personnel Manual in effect.

If an item is covered by both the Personnel Manual and this MOU, the MOU will supersede the Personnel Manual.

Section 21: SEPARABILITY AND SAVINGS
If any provision of this MOU is invalidated by any state or federal legislative or administrative enactment or by a court of law all remaining provisions shall continue in full force and effect for the remainder of this MOU. The parties shall meet and confer within a reasonable timeframe following the invalidation of any provision of this MOU in an effort to negotiate a replacement provision.

Section 22: DURATION OF THE AGREEMENT
This MOU shall continue in full force and effect from July 1, 2022 to and including June 30, 2027. City and Association agree that any provision of this MOU may be modified during this time frame, but only by mutual, written agreement.

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City of Oakley Oakley Police Officers' Association
Joshua McMurray, City Manager Date Tyler Radcliffe, President Date Jack Hughes, Liebert, Cassidy, Whitmore Date Timothy K. Talbot, Rains Lucia Stern Date DocuSign Envelope ID: 40A7551C-9022-4904-8A8A-48C67CFAF7AE 5/16/2022
5/16/2022
DocuSign Envelope ID: 84EF8F36-3A6D-47EB-BFE8-96C2655845E1 5/17/2022
DocuSign Envelope ID: 1696D31A-D837-4E9C-9F48-6E355EFDFB50 05/16/2022
112
Position Frequency STEP AA Step A Step B Step C Step D Step E Step F Police Officer Hourly $ 48.23 $ 50.64 $ 53.17 $ 55.83 $ 58.62 $ 61.55 $ 64.63 Per Pay Period $ 3,858.13 $ 4,051.04 $ 4,253.59 $ 4,466.27 $ 4,689.59 $ 4,924.06 $ 5,170.27 Monthly $ 8,359.29 $ 8,777.25 $ 9,216.12 $ 9,676.92 $ 10,160.77 $ 10,668.81 $ 11,202.25 Annually $ 100,311.47 $ 105,327.04 $ 110,593.39 $ 116,123.06 $ 121,929.21 $ 128,025.68 $ 134,426.96 Police Sergeant Hourly $ 60.64 $ 63.67 $ 66.86 $ 70.20 $ 73.71 $ 77.39 Per Pay Period $ 4,851.28 $ 5,093.84 $ 5,348.54 $ 5,615.96 $ 5,896.76 $ 6,191.60 Monthly $ 10,511.11 $ 11,036.66 $ 11,588.50 $ 12,167.92 $ 12,776.32 $ 13,415.13 Annually $ 126,133.28 $ 132,439.94 $ 139,061.94 $ 146,015.04 $ 153,315.79 $ 160,981.58 Oakley Police Officers Association
Salary Schedule
Effective First Full Pay Period in July of 2022
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Position Frequency STEP AA Step A Step B Step C Step D Step E Step F Police Officer Hourly $ 48.23 $ 50.64 $ 53.17 $ 55.83 $ 58.62 $ 61.55 $ 64.63 Per Pay Period $ 3,858.13 $ 4,051.04 $ 4,253.59 $ 4,466.27 $ 4,689.59 $ 4,924.06 $ 5,170.27 Monthly $ 8,359.29 $ 8,777.25 $ 9,216.12 $ 9,676.92 $ 10,160.77 $ 10,668.81 $ 11,202.25 Annually $ 100,311.47 $ 105,327.04 $ 110,593.39 $ 116,123.06 $ 121,929.21 $ 128,025.68 $ 134,426.96 Police Sergeant Hourly $ 60.64 $ 63.67 $ 66.86 $ 70.20 $ 73.71 $ 77.39 Per Pay Period $ 4,851.28 $ 5,093.84 $ 5,348.54 $ 5,615.96 $ 5,896.76 $ 6,191.60 Monthly $ 10,511.11 $ 11,036.66 $ 11,588.50 $ 12,167.92 $ 12,776.32 $ 13,415.13 Annually $ 126,133.28 $ 132,439.94 $ 139,061.94 $ 146,015.04 $ 153,315.79 $ 160,981.58 Oakley Police Officers Association
Salary Schedule
Effective July 10, 2022
114
City of Oakley
City Council Meeting
May 24, 2022
115
MOU with Oakley Police Officers
Association
 Set to expire June 30, 2022
 Focus on Recruitment and Retention
 Competitive Compensation and Benefit
package in the current market
116
Significant Changes
 3-year term to 5-year term
 Merit based to Step System-including a 5%
increase in FY 2023 & 2024
 COLA of 3% in each FY 2025, 2026 & 2027
 Adding a tier of 15+ years to vacation accrual
 Increasing sick leave accrual cap to 1,000
hours
117
Significant Changes Cont.
 Exchange a floating holiday for June 19thEmancipation Day  Increase CTO bank to 120, with a limit of 80
rollover hours
 Increasing the number of years you must
work in Oakley to cash out sick leave from 5
years to 10 years.
118
Significant Changes Cont.
 Eliminating sick leave pay out at separation
for employees hired after 07/01/2022
 Increasing Health insurance with gradual
increases year over year
 Adding uniform service as a reportable
compensation to CalPERS
119
Salary Study
Police Officer
120
Salary Study
Police Sergeant
121
Negotiations
 City and OPOA were dedicated to working
through the process with shared goals
 Just over two full days of bargaining to reach
a tentative agreement
122
Staff Recommendation
Staff recommends the City Council adopt the proposed
resolution approving the memorandum of understanding
between the City and the Oakley Police Officers Association for a 5-year term and approve the attached salary schedule which will be effective the first full pay period in July. 123

STAFF REPORT
Approved and Forwarded to the City Council
DATE: May 24, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: General Overview of the Fiscal Year (FY) 2022/23 Capital Improvement Program (CIP) and Budget
Background and Analysis
The City Council at its May 10th meeting, in a work session discussed the operations budget for FY 2022/23. As a component of the City’s budget, this report outlines the CIP budget for FY 2022/23.

The Capital Improvement Program (CIP) is a major public infrastructure and planning tool for the City of Oakley. The CIP serves as a statement of the City's policies and financial abilities to manage the development of the community. The creation of a five- year CIP provides a systematic plan for providing infrastructure improvements within a prioritized framework and a general schedule for projects to proceed. Projects identified in the CIP meet the City’s General Plan.

There are several benefits for developing and adopting a CIP Program. It is important to highlight the fact that the CIP is a planning document. Changes can occur for many reasons. Revenues can fluctuate as a result of changing economic conditions or shifts in City policy. Private economic decisions can also affect the timing, scale, and location of capital projects. The City of Oakley’s CIP reflects the Strategic Goals of the City Council and is a critical investment tool for the community to help promote the economic vitality and viability for the City of Oakley.

The CIP for FY 2022/23 is divided into specific projects to address unique needs for each component of the City’s infrastructure system (e.g., Streets, Parks & Facilities). This approach provides funding for the infrastructure maintenance, construction of new improvements, and the long-range goals for protecting the quality of the public infrastructure system in the City of Oakley. The funding for CIP projects is generally from the following sources: Measure J Sales Tax, Gas Tax, Development Traffic Impact Fees, Development Park Impact Fees, Federal & State Grants, Assessment District Funds, and the City’s General Fund. 124
Consistency with the Oakley Strategic Plan 27+
This FY 2022/23 CIP program adheres to the City’s adopted Strategic Plan 2027+ Finance and Fiscal Responsibility.

Fiscal Impact
There is no direct fiscal impact as result of the CIP program review.

Staff Recommendation
Staff recommends that the City Council provide any input and comments for the proposed FY 2022/23 CIP budget as staff prepares the final budget document for presentation to the City Council on June 14th.

Attachments

1. PowerPoint Presentation

2. Project Summary
125
General Overview of City’s
Capital Improvement
Program (CIP) for FY 2022/23
126
Recommended Projects

STREETS
• East Cypress Road Widening (Knightsen Avenue to Jersey Island Road) ($2,700,000) • Bethel Island Road (Rock Slough Bridge to Delta Road) ($400,000) ARPA Funded • Laurel Road Extension ( Teton to Sellers ) ($300,000) • Laurel Road Widening ( O’Hara to Cloverbrook ) ($2,500,000) • Street Repair and Resurfacing Project ($2,000,000)
• Downtown Gateway Plaza Roadway & Parking Lot Project ($6,500,000) • Downtown Parking Lot Project ($150,000)
• Neroly Road Repair/Resurfacing Project ($300,000)
127
Recommended Projects (continued)
PARKS
• Enrico Cinquini Park Construction ($3,500,000)
• Koda Dog Park Shade Structure ($150,000)
• Irrigation Well at Freedom Basin ($200,000)
• Holly Creek Playground Resurfacing ($403,000)
• Piper Lane Drainage Channel Trash Capture Device ($400,000) ARPA Funded 128
Recommended Projects (continued)

FACILITIES
• Recreation Center Emergency Generator ($300,000) ARPA Funded • City Hall Rooftop Solar Power Project ($550,000)
• City Hall HR Department Remodeling Project ($450,000) 129
Cypress Grove
CFD NO. 1
ARPA Parks
Landscaping
Assessment Zone
1 Gas Tax
HUTA
Gas Tax
RMRA
Stormwater
Fund
Measure J General
Capital Projects
Traffic Impact
Fee
Park Impact
Fee
Public
Facilities
Impact Fee
2012 Bond
Benefit
Main Street
Fund
Regional Park
Fund
Street
Maintenance &
Rehab
2016 Debt
Service
Emerson Ranch
Storm Water
(CFD 2015‐1)
Facilities Fund
110 120 132 140 141 145 148 201 202 204 206 221 231 232 235 351 407 502 Estimated FY 2021/22 Fund Balance 18,320,931 1,438,077 259,025 3,513,268 535,706 809,626 93,909 494,377 4,752 2,603,040 2,173,358 3,342,696 65,231 (7,137) 1,680,469 368,925 43,576 815,753 86,280 FY 22/23 Revenues 18,581,302 354,167 5,088,595 1,411,587 1,253,770 978,277 500,500 751,090 0 3,583,132 2,552,740 994,471 0 165,000 666,769 281,206FY 22/23 Transfers from General fund 7,720,000 5,260,000 10,000 2,000,000 450,000 FY 22/23 Grant Contributions 203,000 203,000FY 22/23 Expenditures (6,476,415) (349,660) (1,511,587) (1,245,243) (42,204) (589,321) (233,775) (256,697) (386,034) (81,420) (697,909) (6,340) (674,479) (401,206) (540)Total Available for Capital Projects FY 2022/23 38,348,819 1,442,584 5,347,620 3,413,268 544,233 1,745,699 5,088 1,011,692 5,008,055 5,800,138 4,847,678 3,639,258 65,231 2,863 1,839,129 2,368,925 35,866 695,753 535,740 Project # Project Description FY 2022/2023 Total
176 Oakley Regional Community Park Project 0
186 West Cypress Road Bridge Reconstruction at CC Canal Project 0 187 Main Street Bridge Rehabilitation at CC Canal Project 50,000 50,000 189 Piper Lane Drainage Channel Trash Capture Device Project 400,000 400,000 205 Downtown Gateway Plaza Roadway & Parking Lot Project 6,500,000 750,000 750,000 5,000,000211 Main Street/Rose Avenue Intersection Improvement Project 0 215 Downtown Parking Lot Project 150,000 150,000
231 Sellers Avenue (Riverrock Drive to CCWD Canal Crossing) Widening and Improvement Project 0 246 FY 2021‐22 Street Repair and Resurfacing Project 500,000 500,000 247 East Cypress Road Widening (Knightson Avenue to Jersey Island Road) Project 2,700,000 250,000 100,000 100,000 2,250,000 248 Holly Creek Restroom Construction Project 100,000 100,000 249 Recreation Center Emergency Generator Project 300,000 300,000252 Downtown Storm Drain (Area 29) Improvement Project 00 255 Cypress Grove Subdivision Pump Station Building Project 0 263 OʹHara Avenue/Carpenter Road Intersection Improvement Project 100,000 100,000265 Irrigation Well Installation @ Cityʹs Freedom Basin Project 200,000 200,000 268 Main Street/Delta Road Intersection Improvement Project 0 269 Main Street/Brownstone Road Intersection Improvement Project 0 270 Hall Street Extension Project 0271 Sheriff Annex Building Demolition Project 0 273 Laurel Road Extension (TetonRd. To Sellers Av) 300,000 300,000 274 Neroly Road Repair and Resurfacing (Empire Av to OʹHara Av) 300,000 200,000 100,000275 FY 2022/23 Curb, Gutter, Sidewalk Repair and Reconstruction 150,000 150,000276 FY 2022/23 Street Restriping 60,000 60,000277 FY 2022/23 Traffic Calming 80,000 80,000278 FY 2022/23 Traffic Signal Modernization 200,000 200,000279 FY 2022/23 Street Repair & Resurfacing 2,000,000 2,000,000280 Laurel Road Widening (Cloverbrook Av to OʹHara Av) 2,500,000 2,500,000 281 Enrico Cinquini Park Construction 3,500,000 3,500,000282 Laurel Road and Empire Av Landscaping Mulch 250,000 250,000 283 Laurel Road Bridge Widening over Marsh Creek 35,000 35,000 284 Holly Creek Park Playground Resurfacing 403,000 403,000 285 Bethel Island Road (Rock Slough Bridge to Delta Rd) 800,000 400,000 400,000286 City Hall Rooftop Solar Power 550,000 550,000 287 Koda Dog Park Shade Structure 150,000 150,000
288 Senior Center Roof & HVAC Repair & Replacement 10,000 10,000 289 Local Road Safety Plan Project 90,000 90,000
290 City Hall Human Resources Department Remodeling Project 450,000 450,000 291 FY 2022‐23 ADA Implementation Project 50,000 50,000 Total Proposed Expenditures FY 2021/22 22,878,000 0 1,100,000 250,000 530,000 1,700,000 0 990,000 5,000,000 5,750,000 4,353,000 560,000 60,000 0 0 2,100,000 35,000 0 450,000 Remaining Unassigned Balances FY 2021/22 15,470,819 1,442,584 4,247,620 3,163,268 14,233 45,699 5,088 21,692 8,055 50,138 494,678 3,079,258 5,231 2,863 1,839,129 268,925 866 695,753 85,740 FY 2022/23 Proposed Expenditures
City of Oakley
FY 2022/2023 Project Summary
Capital Improvement Program for Fiscal Years 2022/23 to 2026/27 130

STAFF REPORT
Agenda Date: ________
Agenda Item: ________
Approved and Forwarded to the City Council
Date: May 24, 2022
To: Joshua McMurray, City Manager
From: Kenneth W. Strelo, Planning Manager
Subject: Work Session #2 to Discuss Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage
Summary
This is a City Council Work Session to revisit discussion on Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage. Specifically, this work session in intended to discuss the feasibility of 1) potentially establishing buffers between residential and commercially zoned properties, and 2) implementing other performance and operational standards, both in relation to the four special uses, as applicable.

Background
On April 13, 2021, the City Council held a Zoning Code Update Discussion Work Session where it was discussed that a comprehensive Zoning Code Update would likely follow adoption of the current Focused General Plan Update, but that an opportunity existed to conduct more specific updates for certain uses that may warrant immediate attention. As a result of that work session, the four uses addressed in this Staff Report were further researched by Staff and brought back to the City Council at the July 13, 2021 meeting for a second, more focused work session. After receiving a Staff presentation and holding discussions regarding each of the four special land uses, the City Council directed Staff to bring back ordinance language for consideration.

On September 28, 2021, the City Council held a public hearing on a City-initiated request for approval of Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“OMC”), titled “Special Land Uses” (RZ 04-21).

The proposed amendments consisted of adding four new subsections to address four special land uses as follows: Drive-Through Restaurants (Subsection 9.1.1236); Carwashes (Subsection 9.1.1238); Gas Stations (Subsection 9.1.1240); and SelfStorage (Subsection 9.1.1242). After deliberations, no action was taken on the item and the City Council directed Staff to seek out additional information from stake holders and provide more analysis on the impacts created by potential buffers, and bring the item back for additional consideration in a future work session setting. 131
Work Session #2 to Discuss Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage May 24, 2022

Main Items of Discussion
Potential Buffers
One of the main items discussed during the September 28, 2021 public hearing was the Performance Standards related to buffers between “Sensitive Uses” and proposed drive-through restaurants, carwashes, and gas stations. In these cases, “sensitive uses” was defined as follows:
“[A]ny Residential or Agricultural designated property, whether occupied or vacant, on the Oakley General Plan Land Use Map, any legal and conforming residential use, or any public or private school with students in any grade ranging from K-12.

Residential uses located in non-residential zoning districts and General Plan land use designations are not considered “Sensitive Uses” for the purposes of this subsection. Other uses may be considered as “Sensitive Uses” subject to the discretion of the Community Development Director.”
The buffer from sensitive uses was proposed at 300 feet as measured from a sensitive use’s property line to specific locations of the proposed use. For drive-through restaurants it was the building, drive-through lane, or entry driveways; for carwashes it was the building; and for gas stations it was the parcel lines, building, or entry driveways. There were other discussions on buffers, such as a minimum distance between gas stations of at least 500 feet except that two may be located on corners at arterial road intersections, minimum distance between carwashes of 500 feet, and minimum distance between self-storage facilities of 1,000 feet.

Performance and Operational Standards
The buffers mentioned above are part of what were included as performance standards in the previously proposed zoning ordinance text amendments considered by the City Council on September 28, 2021. In addition to those performance standards were operational standards. Examples of some of the other standards for the four uses included items such as litter control plans, requirements for acoustical analysis of specific noise generating sources, additional pedestrian circulation analysis, vehicle queuing requirements, and standards for self-storage mixed use project.

Analysis
Part of the City Council’s direction to Staff at the conclusion of the September 28, 2022 hearing was to speak to some of the commercial brokers or property owners for input.

Staff was able to speak with not only existing brokers and owners in the City, but also potential developers at a conference attended by the City’s Economic Development Analysist. The results of those conversations varied, but the theme centered around the challenges establishing such buffers would present for developability of affected commercial parcels, and as a direct result, the developability of the remainder of those commercial centers with affected parcels.
132
Work Session #2 to Discuss Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage May 24, 2022

300-Foot Buffer from Residential, etc.

One exercise Staff conducted as part of this analysis was to look at several areas in the City where commercial land abuts residential land and analyze the impacts of a 300-foot buffer. The analysis showed the buffer would impact several undeveloped commercial sites and that portions of future commercial centers would be impacted, including:
 Land at the Laurel Road and O’Hara Avenue intersection;  The remaining portion of the commercial site on Laurel Road where ARCO is located;
 The vacant parcel to the west of Oakley Town Center (Lucky Shopping Center);  Northwest corner of Main Street and East Cypress Road; and  Most of the commercial properties along Main Street near the City’s southern border.

In addition to the vacant commercial land, Staff conducted an analysis on how such a buffer could have impacted the City’s current commercial businesses. Results of that analysis showed that several of the City’s current businesses that have been approved since incorporation would not have been allowed in their current location with such a buffer in place. Some of those businesses include the following:
 Starbucks at Main Street and Carol Lane;
 Popeye’s at Main Street and Carol Lane;
 Chevron gas station at Main Street and East Cypress Road;  Drive-through in Bopari Plaza on Main Street south of East Cypress Road;  ARCO gas station at Main Street and East Cypress Road;  7/11 gas station at Main Street and Empire Avenue; and  The relative uses in the Emerson Commercial site.

Another factor that may not be as obvious is how future infill residential development could alter developability of commercial properties if such a buffer existed. For example, the City is currently updating the Housing Element and part of that process includes looking at additional sites for the Affordable Housing Overlay (“AHO”) District.

Some of those sites are allowed to be zoned commercial, and some of the currently proposed AHO are zoned commercial.

Placing the AHO on commercial properties is allowed by the state, and it serves two main purposes. The first is it allows more flexibility is site selection. Residential sites are often partially developed or in already established neighborhoods with much lower density than what the AHO would permit, potentially creating more difficulty on acceptance of the site by the state, or as a density conflict with the existing surrounding areas. The second main purpose is to bring more people to existing commercial uses, which results in a benefit to the City in meeting its housing needs, and to existing commercial uses by bringing potential customers within walking distance to those businesses which may offer commercial goods and services. As more commercial sites 133
Work Session #2 to Discuss Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage May 24, 2022

are rezoned with the AHO, one less foreseeable impact of a buffer from residential uses would be if a commercial site with the AHO were to be developed with residential uses, thus creating a new buffer over viable commercial property located on major arterials or nearer the freeways. Bridgehead Road is one such example.

Based on the above analysis, Staff is recommending the applicability of 300-foot buffers from sensitive uses is no longer implemented, and instead, Staff and decision makers rely on the tools already provided by the Oakley Municipal Code, such as:
 The three uses previously proposed to be subject to the buffer already require the discretionary approval of conditional use permits;
 Staff is recommending several other performance and operational standards for the uses, which could be adopted as ordinance and integrated into the zoning code; and
 Accompanying design review applications can include design to increase compatibility between uses on a case-by-case basis.

Proposed 300-Foot School Buffer
One other factor considered by Staff was to apply the 300-foot buffer to the parcel lines of schools that are part of the four school districts within the City. It was found that although a few commercial sites would be affected, the impact City-wide was far less extreme than the 300-foot buffer from residential. The most notable affected sites were a residential site zoned Retail Business District across O’Hara Avenue from O’Hara Park Middle School, portions of the commercial sites on the northwest corner and southwest corners of Laurel Road and O’Hara Avenue near Laurel Elementary School, and a vacant site fronting Carpenter Road between La Grande and Almond Grove School.

The intent of this buffer would be to implement it from schools that are part of the Antioch Unified School District, Brentwood Elementary School District, Oakley Union Elementary School District, and Liberty Union High School District. The proposed standard would not include uses such as day care centers (which are typically in commercial zones) or locations where students are homeschooled. If the City Council is in favor of this buffer, it may consider directing Staff to craft more specific language to ensure the standard is applied as intended.

Presentation
A presentation will be given by Staff as a part of the oral report. The presentation will show how the 300-foot buffer from residential land impacts some of the areas discussed in this report. It will also show how the 300-foot buffer from schools will affect adjacent commercial land.
134
Work Session #2 to Discuss Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage May 24, 2022

Performance and Operational Standards Checklist
Staff has created a checklist of the proposed performance and operational standards.

That checklist is attached to this Staff Report and has been provided to each Councilmember in hard copy. Staff is requesting that each Councilmember complete the list and provide a response of “In favor” or “Not in favor” for each standard listed.

The completed checklists can then be returned to the City Clerk at each Councilmember’s earliest convenience. The lists are not required to be completed during this Council Meeting. Staff will use the lists to assist in the deciding which standards to include in the future proposed ordinance. The results of each Councilmember’s list will also be made public in any future packet for consideration of ordinance language related to this topic.

Summary Analysis
In summary, due to the significant effect on existing commercial properties and foreseeable and unforeseeable effects on existing commercial properties that may be caused by future infill residential development, Staff is recommending the land use decisions remain on a case-by-case basis and rely on the existing discretion allowed by Staff and decisions makers and the conditional use process rather than establishing a buffer between certain commercial uses and residential uses. In addition, several performance and operational standards will further ensure the related uses perform and operate in specific manners as eventually ordained into the zoning code. Staff also recommends the Council consider establishing a buffer of 300 feet between schools in the City’s four school districts and the specific uses discussed in this Staff Report.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community and Economic Growth Goal and Strategic and Thoughtful Growth Sub-Goal.

Fiscal Impact
There is no fiscal impact to the General Fund in relation to this work session.

Recommendation
Staff recommends the City Council receive the Staff Report and Staff Presentation, hold the Work Session, including receiving public comments, and provide Staff with oral and/or written direction on the topic of regulating all or some of the discussed uses.

Attachments

1. Notice of Work Session

2. Staff Report from July 13, 2021 Work Session

3. Staff Report from September 28, 2021 Public Hearing

4. Checklist of Draft Performance and Operational Standards 135
City of Oakley
3231 Main Street
Oakley, CA 94561
www.oakleyinfo.com

NOTICE OF WORK SESSION
NOTICE IS HEREBY GIVEN that on May 24, 2022 at 6:30 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Oakley will hold a Work Session at the Council Chambers located at 3231 Main Street, Oakley, CA 94561 for the purposes of considering the item as described below:

Project Name: Work Session #2 to Discuss Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage).

Project Location: Citywide..

Applicant: N/A. This is a City-initiated work session.

Request: This is a City Council Work Session to revisit discussion on Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage. Specifically, this work session in intended to discuss the feasibility of 1) potentially establishing buffers between residential and assembly uses and commercially zoned properties, and 2) implementing other performance and operation standards, both in relation to the four special uses, as applicable.

How to Review: The Staff Report and its attachments will be available for public review, on or before May 19, 2022 online at www.ci.oakley.ca.us/agendas-minutes-videos-archive/ by navigating to the May 24, 2022 agenda and clicking the project title link. Interested persons are invited to submit written comments prior to 5:00 P.M. the day of the hearing to Ken Strelo, Principal Planner [email protected].

NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at a Public Hearing described in this notice or in written correspondence delivered to the City of Oakley City Clerk at, or prior to, the Public Hearing. 136
Staff Report from July 13,
2021 Work Session
137

STAFF REPORT
Approved and Forwarded to the City Council
DATE: July 13, 2021
TO: Joshua McMurray, Interim City Manager
FROM: Kenneth W. Strelo, Principal Planner
SUBJECT: Zoning Ordinance Work Session to Discuss Potential Development Regulations, Performance Standards, and/or Operational Standards for Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage Summary
The purpose of this work session is to discuss potential use-specific amendments to the Zoning Ordinance prior to an upcoming comprehensive Zoning Ordinance Update that will likely follow the current focused General Plan update. Per direction from the City Council during the April 13, 2021 Zoning Code Update Discussion work session, Staff researched other cities’ zoning codes for examples of development regulations, performance standards, and/or operational standards related to four specific uses, which are drive-through restaurants, carwashes, gas stations, and self-storage, and provided some of those examples as a springboard for this discussion.

Staff Recommendation
City Council consider the provided examples1, discuss if any fit for Oakley, produce any other examples that come to mind, deliberate and provide consensus feedback/direction to Staff to draft an Ordinance to amend the Zoning Code, as directed, for consideration at a future meeting.

Background
On April 13, 2021, the City Council held a work session to discuss a Zoning Code Update.

The Council was provided information that a comprehensive Zoning Code update would likely follow adoption of the current focused General Plan update, and that there was still opportunity to do a more specific update for certain uses that may warrant immediate attention. Also brought up during this work session was the potential for a moratorium on certain uses. The logistics and pros and cons of a moratorium were also briefly discussed.

Per conclusion of the work session (Minutes attached), Joshua McMurray (Interim City Manager / Community and Economic Development Director) provided a list of businesses

1 Specific examples derived from the following California cities: Visalia, West Covina, Claremont, and Commerce, as well as general discussions researched online. 138
Subject: Zoning Ordinance Work Session to Discuss Potential Development Regulations, Performance Standards, and/or Operational Standards for Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage
Date: July 13, 2021

that deserved a closer look, which included “carwashes, self-storage, gas stations/convenience stores, and quick serves (with and without drive-through). It is noted that today’s work session focuses on drive-through restaurants, which is much more definable than “quick-serve” or “fast-food”, especially if without a drive-through.

Examples of Researched Zoning Codes with Discussion
Staff conducted internet searches for examples of regulatory tools for the topic uses of this work session. Drive-throughs and carwashes produced the most usable results. Gas stations also showed some examples, but self-storage didn’t seem to provide the same amount of information. Nonetheless, Staff has used the examples in all the uses to initiate further discussion for each use.

Drive-Through Restaurants
The examples for drive-throughs were found to apply to all drive-through uses, as well as drive-through restaurants, depending on the city. For the purposes of this discussion, examples were taken from both scenarios.

Performance standards were found in each of the examples and commonly discussed the minimum distance a drive-through would need to be from a residential use. It is noted that a performance standard can also be considered a development regulation and/or operational standard. Here are three examples of performance standards regarding minimum distances:
 The drive-thru lane shall be no less than two hundred fifty (250) feet from the nearest residence or residentially zoned property.
 A minimum distance of fifty (50) feet between the property lines of any residential zone or residential development or other sensitive receptor and the outer perimeter of the drive-through lane(s), outdoor play area, and outdoor seating area shall be maintained.
 A drive-through facility shall be separated from any residential development or residential district by no less than 300 feet, or a freeway.

The Council could consider similar performance standards for drive-through restaurant uses that would require they be located a minimum distance from residential development, or undeveloped but residentially zoned property, as well as other sensitive uses, as defined by the Council, such as schools. The Council could also discuss how many such uses may be within a certain vicinity of each other, which would be a balance of providing customers options while avoiding what could be a saturation of such uses. Staff would encourage that if the Council is in favor of this sort of performance standard, that it be well-defined and 139
Subject: Zoning Ordinance Work Session to Discuss Potential Development Regulations, Performance Standards, and/or Operational Standards for Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage
Date: July 13, 2021

described to address how the distance is measured. To parcel line, drive-through lane, property line, structure, etc., and by shortest distance through air, by walkable route, etc.

Other examples of performance standards found related to minimum drive-through stacking requirements, circulation requirements, allowable noise levels, screening of the drivethrough lane, orientation of the menu board and speaker box, landscaping, and minimum amount of land required either on the parcel or in conjunction with a shopping center.

Operational standards would apply to how the business must be operated. Typical examples of operational standards related to litter control, graffiti removal, and maintenance plans subject to City review and approval, light and glare, hours of operation when considering surrounding land uses, and manager enforcement of loitering, music, etc. in the parking lot.

Other requirements found during Staff’s research included the need for a traffic analysis that addressed parking lot design and pedestrian/bicycle safety, and acoustical analysis. These are things Oakley Staff has also required, but are not currently codified in conjunction with this specific use.

Carwashes
Examples for carwashes were not as prevalent as for drive-through restaurants. Most of the researched zoning code language related to carwashes is either already covered by Oakley’s ordinances or standard conditions of approval, such as setbacks, driveway conformance, screening of mechanical equipment, noise standards, stormwater control, building design, and vehicle queuing. A few examples are not currently covered by Oakley, and those included how customer waiting areas shall be designed and include drinking fountains (this would be for non-self-service carwashes), and requiring auto detailing to be done indoors.

It should be noted that although the examples for carwash performance standards were not as prevalent as those given for drive-through restaurants, the Council could consider similar performance standards as those researched for both uses. From a purely land use compatibility point of view, noise and traffic can be analyzed and mitigated for either through project design or conditions of approval/mitigation measures. It is understood that the Council may have concerns over the current trend of carwashes being proposed, and for that, the Council may want to consider saturation limitations or even the use allowances related to specific zones.

Gas Stations
Performance standards for gas stations were mostly related to development standards, such as minimum lot size of 15,000 sf, maximum lot coverage of 40%, building setbacks to public right of way and interior parcel lines, and access and circulation. More specific and unique 140
Subject: Zoning Ordinance Work Session to Discuss Potential Development Regulations, Performance Standards, and/or Operational Standards for Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage
Date: July 13, 2021

standards related to pedestrian access to the convenience store, requiring buildings near the public street and oriented to public view, and requiring a parking area for fuel delivery trucks which does not interfere with vehicle circulation or parking.

Gas stations are similar to the previous two uses, in that they are found to be in demand simply by the nature of their current trend in Oakley, and have become a topic of special interest to some of the public and the Council. Perhaps the most significant example found related to minimum separation of gas stations and how many could be at any single road intersection. The specific language is as follows:
“[...] fueling stations shall be separated by a minimum of five hundred (500' 0") feet, except that a maximum of two (2) fueling stations are permitted at any single intersection. Separation distance shall be measured in a straight line from the property line of said fueling stations. Where two (2) fueling stations are located at a single intersection, the City encourages fueling stations to be sited in such a manner as to serve different flows of traffic. The City may waive the spacing requirements for infill sites or locations affected by roadway widening or other infrastructure improvements.”
Other ideas for discussion could include the following topics:
 Maximum number of stations allowed per population, similar to the tobacco ordinance.
 Requirements to include EV charging stations and plans for eventual conversion to semi- or all-EV charging facility, if it is assumed new development would be standing for a few decades.

Self-Storage
Examples for self-storage performance standards were difficult to come by, but Staff has long been brainstorming ideas for this eventual discussion. If the Council so wishes, Staff recommends the following topics be discussed in relation to self-storage facilities:
 Consider only allowing self-storage in the Light Industrial District by way of a Conditional Use Permit.
 No longer be permitted as part of a mixed-use development in any “Commercial” General Plan Land Use Designation.
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Subject: Zoning Ordinance Work Session to Discuss Potential Development Regulations, Performance Standards, and/or Operational Standards for Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage
Date: July 13, 2021

 Require a demand study as part of a Conditional Use Permit application, and have that include the number of Oakley and non-Oakley residents the proposed and existing self-storage facilities would serve.

Analysis
The City Council may consider the examples provided and use them as a springboard for either further discussion on any of those examples, or as a means to bring other topics into the work session. Staff will help facilitate the discussion if the Council so desires, and provide technical information as to how the land use processes may apply to any guidance from the Council.

Recommendation
City Council consider the provided examples, discuss if any fit for Oakley, produce any other examples that come to mind, deliberate and provide consensus feedback/direction to Staff to draft an Ordinance to amend the Zoning Code, as directed, for consideration at a future meeting.

Attachments

1. Minutes from April 13, 2021 City Council Meeting (Zoning Code Work Session)

2. Power Point Presentation
142
Staff Report from September
28, 2021 Public Hearing
143

STAFF REPORT
Agenda Date: ________
Agenda Item: ________
Approved and Forwarded to the City Council
Date: September 28, 2021
To: Joshua McMurray, Interim City Manager
From: Kenneth W. Strelo, Principal Planner
Subject: Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”) – Adding Four Subsections to Address Drive-Through Restaurants,
Carwashes, Gas Stations, and Self-Storage (RZ 04-21)
Summary
This is a public hearing on a City-initiated request for approval of Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“OMC”), titled “Special Land Uses” (RZ 04-21). The amendments consist of adding four new subsections to address four special land uses as follows: Drive-Through Restaurants (Subsection 9.1.1236); Carwashes (Subsection 9.1.1238); Gas Stations (Subsection

9.1.1240); and Self-Storage (Subsection 9.1.1242).

Staff recommends the City Council waive the first reading and introduce the ordinance approving Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”) (RZ 04-21).

Background
On April 13, 2021, the City Council held a Zoning Code Update Discussion Work Session where it was discussed a comprehensive Zoning Code Update would likely follow adoption of the current Focused General Plan Update, but that an opportunity existed to conduct more specific updates for certain uses that may warrant immediate attention. As a result of that work session, the four uses addressed in this Staff Report were further researched by Staff and brought back to the City Council at the July 13, 2021 meeting for a second, more focused work session. The Staff Report for that Work Session included examples of researched codes and potential development regulations and performance standards and/or operational standards for the subject uses. After receiving a Staff presentation and holding discussions regarding each of the four special land uses, the City Council directed Staff to bring back ordinance language for consideration based on the feedback provided by the Council. The applicable minutes of the July 13, 2021 summarize the direction provided to Staff, and are attached for reference.
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Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the OMC (RZ 04-21) September 28, 2021

Explanation of Amendments
Each of the four uses will be covered in a separate subsection of the “Special Land Uses” Article of the City’s Zoning Code. The four subsections will be as follows: DriveThrough Restaurants (Subsection 9.1.1236); Carwashes (Subsection 9.1.1238); Gas Stations (Subsection 9.1.1240); and Self-Storage (Subsection 9.1.1242). Examples of existing special land uses in this article include Adult Businesses, Single Room Occupancy, Cultivation of Marijuana, and Tobacco Retailing Businesses. There are a total of 17 subsections, each addressing a specific special land use, two of which are reserved. One of those reserved subsections is subsection 9.1.1210 for “Gasoline Service Stations”. Staff is recommending these four proposed additions be added as new sequential subsections to reflect the chronology of when they were codified. As a result, “Gas Stations” will become a new subsection and “Gasoline Service Stations. – Reserved” will be amended to be reserved with no specific use. Gas Stations will encompass “Gasoline Service Stations”, which could encompass ancillary service to vehicles, and is how the use is currently listed in the OMC.

For each of the four special land uses, the subsection will include a purpose and intent, definitions as necessary, and the development regulations and performance standards and/or operational standards for the subject uses. The proposed language of the ordinance is derived from research conducted by Staff, and feedback and direction provided by the City Council during the July 13, 2021 public Work Session held during a regularly scheduled City Council meeting. The goals of the amendments are to address each of the uses separately with the intent of avoiding over-saturation, ensuring proximity to sensitive land uses is consistently applied, and applying operational standards, such as litter control plans, consistently and appropriately.

Drive-Through Restaurants
Based on the City Council discussion, feedback, and direction to Staff from the July 13, 2021 Work Session, this subsection is to include performance standards for minimum distances between drive-through restaurants and certain sensitive uses, and to codify operational standards that would apply to all newly approved drive-through restaurants.

The sensitive uses are proposed to be residential properties or residentially designated land, and public and private schools, as measured to their property lines. Language is also proposed that allows other uses to be considered sensitive, subject to the review and approval of the Community Development Director. Proposed operational standards address litter control plans, hours of operation, and enforcement of loitering/music.

Proposed drive-through restaurants will also be required to provide a traffic analysis that specifically analyzes pedestrian/bicycle safety, as well as drive-through lane queuing.

Additional acoustical details and/or an acoustical analysis will be required for menu board speakers.

Based on Council feedback from the work session, Staff is not proposing any saturation standards for drive-through restaurants. The Council majority consensus was to clarify the City is not to be involved in the specific business brand, type of food, or whether two drive-through uses may be near each other (options to customers was cited as one 145
Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the OMC (RZ 04-21) September 28, 2021

reason), but that the addition of minimum distances to sensitive uses and broadly applied operation standards would be appropriate to address drive-through uses as a special land use. Please refer to the attached draft ordinance for specific language.

Carwashes
The ordinance for carwashes is proposed similar to that for drive-through restaurants with a greater emphasis on an acoustical analysis and language to avoid carwashes from occupying multiple sites within a single commercial center. Saturation standards are also included so as to avoid an over-concentration of carwashes.

Gas Stations
The ordinance for gas stations will include language similar to both drive-through restaurants and carwashes. Council had a majority consensus to not limit gas stations based on market saturation, since they will do that on their own, but did want to allow other uses to occupy major intersections. As a result of that discussion, Staff has proposed a minimum distance of 500 feet between gas stations, except a major intersection (defined as the intersection of two major arterials) may have at least two on any two corners zoned appropriately. The language will also address that in the case of two stations at an intersection, that they each serve two different flows of traffic. The proposed ordinance also addresses pedestrian safety and required parking for fueling trucks. Discussion for requiring EV (electric vehicle) charging stations did not lead to any inclusion of required standards, but there was requests from Council members to encourage both EV charging stations and alternative fuel sources. It is also noted that the 2019 California Green Building Standards Code requires that new construction include adding “EV Capable” parking spaces, which have electrical panel capacity, a dedicated branch circuit, and a raceway to the EV parking spot to support future installation of charging stations. Staff has included language that encourages, but does not require, both, which could be amended at a future date.

Self-Storage
Self-Storage is currently conditionally permitted in the LI (Light Industrial) District, where it is defined as a “Mini-storage Facility”. It is also conditionally permitted in the C (General Commercial) District as part of a mixed-use project that includes retail or other commercial uses along the street front. The latter allowance came from an “Unclassified Use” determination made by the City Manager on August 5, 2014 in regards to the mixed-use project at 4700 Main Street. Self-storage, whether alone or with other retail is not permitted or conditionally permitted in the RB (Retail Business) District. The Council was not keen on only permitting self-storage in the LI District due to possibly out-competing other job-inducing development. Also, the Council maintained that due to the difficulty in attracting new retail, that self-storage may be able to facilitate that sort of development through mixed-use projects. The idea for a demand study was generally agreed upon. This would require applicants for selfstorage to show where the demand currently sits, and where it could end up with the inclusion of any new business, as well as show that Oakley residents are the base of 146
Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the OMC (RZ 04-21) September 28, 2021

the demand. The idea being Oakley avoids taking on more than its fair share of selfstorage based on population demands.

Environmental
This project is exempt from further analysis under the California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3) in that adoption of the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment.

Recommendation
Staff recommends the City Council waive the first reading and introduce the ordinance approving Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”) (RZ 04-21).

Attachments

1. Public Hearing Notice

2. Proposed Ordinance
147

Checklist of Draft Performance and Operational Standards from Previously Proposed Zoning Text Amendment
Name:

Please select one check box for each standard.

Standards In Favor Not in
Favor
Drive-Through Restaurants
An application for a proposed drive-through restaurant shall include a traffic analysis that specifically analyzes onsite and nearby pedestrian/bicycle safety and drive-through lane queuing. This analysis is in addition to any Vehicle Miles Traveled (“VMT”) or Level of Service (“LOS”) analysis that may already be required.
☐ ☐
An application for a proposed drive-through restaurant shall include either a detailed acoustical analysis of the menu board speaker consistent with the proposed site plan, or a detailed specification sheet on the menu board speaker and any sound reducing technologies it may incorporate. All menu board speakers shall function in compliance with the City of Oakley General Plan.
☐ ☐
Any proposed drive-through restaurant shall be a minimum of 300 feet (three-hundred feet) from the parcel lines of any school within the Antioch Unified School District, Brentwood Elementary School District, Oakley Union Elementary School District, and Liberty Union High School District, as measured by the shortest distance in a straight line on a map to the limits of the drive-through restaurant’s drive-through lane, building dimensions, or entry driveways, whichever is nearest.
☐ ☐
No portion of the drive-through lane or its required queuing, as determined in the traffic analysis, shall obstruct any drive aisles or off-street parking. The drive-through shall not take ingress or egress from a local residential road.
☐ ☐
The entire drive-through lane shall be screened from adjacent public street and residential views to a height of at least three feet. Screening devices shall be a combination of berming, ☐ ☐
148

Standards In Favor Not in
Favor
hedges and landscape materials, and solid walls as approved by the Community Development Director.

Menu boards shall be oriented or screened to avoid direct visibility from adjacent public streets.
☐ ☐
The speaker box on menu boards shall be oriented away
from adjacent residential uses or other commercial uses with an outdoor setting.
☐ ☐
Pedestrian access to the building, either from the parking lot or public right of way, shall not cross the drive-through lane at any point between the last queuing area and end of the building facade where the pick-up window is located.
☐ ☐
Hours of operation may be limited as a condition of approval in the conditional use permit as necessary to achieve
compatibility with adjacent land uses.
☐ ☐
The applicant shall prepare and submit a litter control, and/or recycling plan as a part of the conditional use permit
application. In addition to the litter control plan, the site shall be maintained in a litter free condition and no unreasonable odors shall be generated on the site. The on-site manager shall make all reasonable efforts to see that trash and litter originating from the use or its patrons is not deposited on adjacent properties or left on the grounds of the use overnight.

Employees shall be required daily to pick up trash or litter on or adjacent to the site, as well as any visible litter originating from the site and within 300 feet of the perimeter. Any graffiti shall be removed within 48 hours of it being discovered. ☐ ☐
The on-site manager shall not permit, and shall make an attempt to prohibit, any loud music, noise, or other amplified sounds, as well as parking lot loitering, gatherings, or other activities than may disrupt the quiet and peace of the
premises, surrounding commercial uses, and surrounding
land uses.
☐ ☐
The on-site manager shall take whatever steps are deemed necessary to assure the orderly conduct of employees,
patrons, and visitors on the premises.
☐ ☐
Carwashes
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Standards In Favor Not in
Favor
An application for a proposed carwash shall include a traffic analysis that specifically analyzes onsite and nearby
pedestrian/bicycle safety and queuing. This analysis is in addition to any Vehicle Miles Traveled (“VMT”) or Level of Service (“LOS”) analysis that may already be required.
☐ ☐
An application for a proposed carwash shall include a detailed acoustical analysis of noise generated by the use and confirm that the use complies with the noise thresholds in the City of Oakley General Plan in relation to noise impacts on sensitive uses. If a generally accepted decibel variance allowance would result in the noise exceeding a threshold, the noise source shall be reduced until the analysis shows the noise, including any decibel variance allowance, falls within the thresholds in the General Plan.
☐ ☐
Any proposed carwash shall be a minimum of 300 feet (threehundred feet) from the parcel lines of any school within the Antioch Unified School District, Brentwood Elementary School District, Oakley Union Elementary School District, and Liberty Union High School District, as measured by the shortest distance in a straight line on a map to the limits of the carwash building.
☐ ☐
There shall be no more than one carwash located within any shopping center or contiguous commercial properties that have internally shared access. In addition, no new carwash shall be proposed within 1,000 feet of an existing carwash as measured between the shortest distance from either the
perimeter of the carwash operations or parcel lines, subject to the determination by the Community Development Director. ☐ ☐
No portion of the required queuing as determined in the traffic analysis shall obstruct any drive aisles or off-street parking. ☐ ☐
The entire carwash queuing lane shall be screened from
adjacent public street and residential views to a height of at least three feet. Screening devices shall be a combination of berming, hedges and landscape materials, and solid walls as approved by the Community Development Director.
☐ ☐
Any speaker box on automated payment machine shall be
oriented away from adjacent residential uses or other
commercial uses with an outdoor setting.
☐ ☐
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Standards In Favor Not in
Favor
Pedestrian access to the building either from the parking lot or public right of way shall not cross the queuing lane at any point between the automated payment machine and entrance to the carwash. Nor should it be located within 25 feet of the exit of the carwash.
☐ ☐
Hours of operation may be limited as a condition of approval in the conditional use permit as necessary to achieve
compatibility with adjacent sensitive land uses.
☐ ☐
The applicant shall prepare and submit a litter control, and/or recycling plan as a part of the conditional use permit
application. In addition to the litter control plan, the site shall be maintained in a litter free condition and no unreasonable odors shall be generated on the site. The on-site manager shall make all reasonable efforts to see that trash and litter originating from the use or its patrons is not deposited on adjacent properties or left on the grounds of the use overnight.

Employees shall be required daily to pick up trash or litter on or adjacent to the site, as well as any visible litter originating from the site and within 300 feet of the perimeter. Any graffiti shall be removed within 48 hours of it being discovered. ☐ ☐
The on-site manager shall not permit, and shall make an attempt to prohibit, any loud music, noise, or other amplified sounds, as well as parking lot loitering, gatherings, or other activities than may disrupt the quiet and peace of the
premises, surrounding commercial uses, and surrounding
land uses.
☐ ☐
The on-site manager shall take whatever steps are deemed necessary to assure the orderly conduct of employees,
patrons, and visitors on the premises.
☐ ☐
Gas Stations
An application for a gas station shall include a traffic analysis that specifically analyzes onsite and nearby pedestrian/bicycle safety. This analysis is in addition to any Vehicle Miles Traveled (“VMT”) or Level of Service (“LOS”) analysis that may already be required.
☐ ☐
Any proposed gas station shall be a minimum of 300 feet (three-hundred feet) from the parcel lines of any school within the Antioch Unified School District, Brentwood Elementary ☐ ☐
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Standards In Favor Not in
Favor
School District, Oakley Union Elementary School District, and Liberty Union High School District, as measured by the
shortest distance in a straight line on a map from to the limits of the gas station’s parcel lines, building dimensions, or entry driveways, whichever is nearest.

Any proposed gas station shall be minimum of 500 feet from an existing gas station, as measured between the shortest distance from either the perimeter of the gas station operations or parcel lines, subject to the determination by the Community Development Director. Except that any intersection of two arterial streets (as defined in the City’s General Plan) may have two gas stations on separate corners. In the case where there are two gas station on two corners, efforts should be made so the two gas stations mainly serve opposite flows of traffic.
☐ ☐
The speakers on gas pumps shall comply with all applicable noise regulations in the Oakley General Plan.
☐ ☐
Any new gas station shall include a parking location for fueling trucks that does not block or cross over any required drive aisles or off-street parking spaces.
☐ ☐
Any new gas station shall consider including alternative fuels pumps as an option to customers with alternative fuel vehicles. ☐ ☐
Hours of operation for all or any individual component of a gas station (i.e. pumps, convenience store, carwash, or vacuum stations) may be limited as a condition of approval in the conditional use permit as necessary to achieve compatibility with adjacent sensitive land uses.
☐ ☐
The applicant shall prepare and submit a litter control, and/or recycling plan as a part of the conditional use permit
application. In addition to the litter control plan, the site shall be maintained in a litter free condition and no unreasonable odors shall be generated on the site. The on-site manager shall make all reasonable efforts to see that trash and litter originating from the use or its patrons is not deposited on adjacent properties or left on the grounds of the use overnight.

Employees shall be required daily to pick up trash or litter on or adjacent to the site, as well as any visible litter originating from the site and within 300 feet of the perimeter. Any graffiti shall be removed within 48 hours of it being discovered. ☐ ☐
152

Standards In Favor Not in
Favor
The on-site manager shall not permit, and shall make an attempt to prohibit, any loud music, noise, or other amplified sounds, as well as parking lot loitering, gatherings, or other activities than may disrupt the quiet and peace of the
premises, surrounding commercial uses, and surrounding
land uses.
☐ ☐
The on-site manager shall take whatever steps are deemed necessary to assure the orderly conduct of employees,
patrons, and visitors on the premises.
☐ ☐
Self-Storage
Any application for approval of a conditional use permit for a self-storage use shall include a demand study that supports the need for the new business to accommodate population growth within the City of Oakley rather than growth of
surrounding jurisdictions.
☐ ☐
Any self-storage proposed as a part of a mixed-use project with a retail/commercial frontage in the C (General
Commercial) District shall meet the following minimum
standards:

1. The project shall be designed so only the storefronts for the retail component and tenant spaces/buildings are directly accessible and visible from the main street frontage, with the exception of the self-storage leasing office, which may also be accessible and visible from the main street frontage.

All building area for self-storage shall be located behind the frontage buildings.

2. Off-street parking for the commercial component
shall provide at least 1 parking space per 200 square feet of gross floor area, regardless of any known uses at the time of the conditional use permit application, unless those uses require a higher number of parking spaces for the relative floor area, in which case that number should be applied to that relative floor area.

3. The storing or renting of moving vans/trucks shall
only be allowed if explicitly stated in the conditional use permit.

Moving vehicles may only consist of self-motorized vehicles and shall be stored in designated areas that do no occupy required parking or drive aisles associated with the self- ☐
☐
☐
☐
☐
☐
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Standards In Favor Not in
Favor
storage. No moving vehicles may be stored in areas visible from the adjacent right of way(s) or be used as signage.

Hours of operation for entrance to the self-storage area may be limited as a condition of approval in the conditional use permit.
☐ ☐
The applicant shall prepare and submit a litter control, and/or recycling plan as a part of the conditional use permit
application that shall be included in the leasing contract for all future tenants of the site (if part of a mixed-use project). In addition to the litter control plan, the site shall be maintained in a litter free condition and no unreasonable odors shall be generated on the site. The on-site manager shall make all reasonable efforts to see that trash and litter originating from the use or its patrons is not deposited on adjacent properties or left on the grounds of the use overnight. Employees shall be required daily to pick up trash or litter on or adjacent to the site, as well as any visible litter originating from the site and within 300 feet of the perimeter. Any graffiti shall be removed within 48 hours of it being discovered.
☐ ☐
The on-site manager shall not permit, and shall make an attempt to prohibit, any loud music, noise, or other amplified sounds, as well as parking lot loitering, gatherings, or other activities than may disrupt the quiet and peace of the
premises, surrounding commercial uses, and surrounding
land uses.
☐ ☐
The on-site manager shall take whatever steps are deemed necessary to assure the orderly conduct of employees,
patrons, and visitors on the premises.
☐ ☐
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