AGENDA
REGULAR JOINT MEETING OF THE OAKLEY CITY COUNCIL/OAKLEY CITY
COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY
REDEVELOPMENT AGENCY AND SPECIAL MEETING OF THE OAKLEY
PUBLIC FINANCING AUTHORITY
Tuesday, February 28, 2023
6:30 PM
Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561 Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065.
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 1 Clerk’s office at (925) 625-7000.
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 public 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
Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
1.2 Pledge of Allegiance to the Flag (Bella, Evelyn and Sofia - Cadette Girl Scout Troop 33790)
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.
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. The public may request to remove an item(s) to provide input by completing a public speaker card and submitting it to the City Clerk prior to the item(s) being called by the Mayor.
2 3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting Held January 10, 2023 (Libby Vreonis, City Clerk) Minutes 1-10-23
3.2 Approve Minutes from the Special City Council Meeting held February 14, 2023 (Libby Vreonis, City Clerk)
Minutes 02-14-23 Special Meeting
3.3 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting Held February 14, 2023 (Libby Vreonis, City Clerk) Minutes 02-14-23 Regular Meeting
3.4 Accept Report Out of Closed Session Memoranda (Derek Cole, City Attorney) Memo-Special Meeting
Memo-Regular Meeting
3.5 Waive the 2nd Reading and Adopt an Ordinance Adding Section 2.1.003 to and Amending Section 2.1.005 of the Oakley Municipal Code Concerning the Annual Selection of Mayor and Vice Mayor Following the Implementation of By-District Elections (Derek Cole, City Attorney)
Ordinance
3.6 Award of Construction Contract to TGN Build, Inc. for the construction of the City Hall Human Resources Department Remodeling Project - Capital Improvement Project (CIP) Number 290 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Resolution
2. Bid Summary
3.7 Approval of the Final Map for Subdivision 9311 (Located east of Jersey Island Road, west of Bethel Island Road and south of Dutch Slough Road) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Vicinity Map
2. Resolution
3 3. Reduction of Subdivision 9311 Final Map
3.8 Approval of Contract Amendment Number 2 with Park Engineering, Inc. for On-Call Consulting Services Related to Construction Management and Inspection Services for Fiscal Year 2022/23 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Resolution
2. Amendment No. 2
3.9 Approval of Contract Amendment Number 1 with HMH Engineers, Inc. for On-Call Consulting Services Related to Development Engineering Support Services for Fiscal Year 2022/23 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Resolution
2. Amendment No. 1
3.10 Approval of Contract Amendment Number 1 with BSK Associates for On-Call Consulting Services Related to Materials Testing and Inspection of Private Development Projects for Fiscal Year 2022/23 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Resolution
2. Amendment No. 1
3.11 Approval of Contract Amendment Number 1 with F. J. Kennedy and Associates, Inc. for On-Call Consulting Services Related to Clean Water Program Services for Fiscal Year 2022/23 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Resolution
2. Amendment No. 1
3.12 Adopt A Resolution Terminating the Declaration of an Emergency Affecting the Public Health and Safety Due to the Novel Coronavirus (COVID-19) Pandemic (Derek Cole, City Attorney)
Staff Report
1. Resolution
3.13 Adopt a Resolution to Appoint 2 Members to the Planning Commission and Change Planning Commissioner Leonard Price’s Initial 2-Year Appointment to 4-Years (Brent Smith, Community Development Director)
4 Staff Report
1. Resolution No. 14-23
2. Draft Resolution
4.PUBLIC HEARINGS
5.REGULAR CALENDAR
5.1 Consideration of a Resolution Approving the Fiscal Year 2022/2023 Mid-Year Budget Review and Adopting its Recommendations for Revising the Fiscal Year Operating and Capital Budgets (Tim Przybyla, Finance Director) Staff Report
1. Mid-Year Budget Review
2. Fund Summaries (All Funds)
3. Resolution
4. Budget Transfer Form
5.2 Adopt five separate Resolutions approving the update to the City’s Personnel Rules, approving the Administrative Regulation Policy, approving the Compensation and Benefits for General Staff, approving the Compensation and Benefits for Police Management, and approving a side letter to the MOU between the City of Oakley and the Oakley Police Officers Association (Jeri Tejeda, Human Resources Director)
Staff Report
1. Personnel Rules
2. Administrative Regulation Policy
3. Compensation and Benefits for General Staff
4. Compensation and Benefits for Police Management
5. Side letter to the MOU between the City of Oakley and the Oakley Police Officers Association
6. Resolution - Personnel Rules
7. Resolution - Administrative Regulation Policy
8. Resolution - Compensation and Benefits for General Staff
9. Resolution - Compensation and Benefits for Police Management
10. Resolution - Side Letter to the MOU between the City of Oakley and the Oakley Police Officers Association-Signed
11. Side Letter to the MOU between the City of Oakley and the Oakley Police Officers Association Red-Lined
12. Personnel Manual last amended April 2017
5.3 Adopt a Resolution authorizing the creation of a Citywide Retail & Industrial Revitalization Grant Program (Joshua McMurray, City Manager) Staff Report
1. Resolution
5 2. Draft Application Form for the Program
3. List of Target Industries that would automatically qualify to apply for program
5.4 Appropriating American Rescue Plan Act (ARPA) funds for Recreation Classes, to establish a Tourism Fund and funding related to the Oakley Senior Citizens Club (Joshua McMurray, City Manager)
Staff Report
1. Draft Resolution
2. Oakley Senior Center Proposal dated February 20, 2023
3. Profit and Loss Statement
4. ARPA INVESTing Graphic
6.REPORTS
6.1 CITY MANAGER
(a) City Manager
6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE
SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY
(a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency
(b) Requests for Future Agendas
7.WORK SESSIONS
8.CLOSED SESSION
8.1 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
O’Hara Properties, LLC. v. City of Oakley et al., Contra Costa Sup. Ct. Case No.
N22-0924
8.2 CITY ATTORNEY PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
6 8.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8
Property: 3070 Main Street, Oakley, CA, APN 037-200-010 Agency Negotiator: Joshua McMurray, City Manager
Negotiating Party: Kent A. Ipsen
Under Negotiation: Price and term of payment
9.ADJOURN
7 Minutes of Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority held
January 10, 2023
1) OPENING MATTERS
1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
Mayor Aaron Meadows called the meeting to order at 6:31 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Mayor Anissa Williams and Councilmembers George Fuller, Hugh Henderson and Shannon Shaw were also in attendance.
1.2 Pledge of Allegiance to the Flag (Liam Castro and Mia Moraida, 4th Grade Students at Almond Grove Elementary)
4th Grade Almond Grove Elementary School students Liam Castro and Mia Moraida led the Pledge of Allegiance to the Flag.
Mayor Meadows announced item 1.5 would be heard next.
1.3 Update from Youth Advisory Council (Lindsey Bruno, Recreation Director) Oakley Youth Advisory Councilmembers (OYAC) Estella Whittstruck, Sawyer Whitford and Addison Villeda presented a PowerPoint presentation reporting on events held during 2022 and shared upcoming events. Recreation Director Lindsey Bruno mentioned the photos provided in the presentation represent what OYAC would like to see in Oakley, i.e., a community magazine, teen center, more entertainment, outdoor areas, community art, more restaurants, and more small businesses.
Vice Mayor Williams inquired if they could create a task force to take steps toward progress on items shared.
City Manager Joshua McMurray indicated staff will take feedback and develop the framework; it may check some of the boxes on what staff is working on now, and staff will report back to the Council.
Mayor Meadows inquired how many members comprise OYAC.
Ms. Bruno confirmed there are 13 members in OYAC.
1.4 Update from California Department of Insurance (Mary Beth Bykowsky, Outreach Analyst)
Mary Beth Bykowsky, Outreach Analyst, California Department of Insurance, provided a prerecorded presentation and was available by phone for questions. The presentation included the 8 role of the Insurance Commissioner, Community Relations and Outreach Branch 2021 outreach, progress report, plan for wildfires, regulations to lower cost and increase transparency, Climate and Sustainability Branch (CA Climate Insurance Working Group), Senior Resources from CDI-Senior Gateway, and California's Low Cost Auto Insurance (state-wide coverage and rates).
Mayor Meadows revisited item 5.1 to call upon Michael Dupray for public comment. Mr. Dupray read his written comment submitted online and it was made part of the meeting record.
1.5 Proclamation Honoring Dr. Martin Luther King Jr. (Odessa LeFrancois, President of the East County NAACP)
Item 1.5 was heard prior to item 1.3.
Mayor Meadows presented the proclamation to Odessa LeFrancois, President of the East County NAACP. Ms. LeFrancois was joined by Michael Dupray. She accepted the proclamation and thanked the Council. She provided information about the organization and Dr. King. She provided a handout and announced a breakfast to be held by East County NAACP on January 16, beginning at 8:00 a.m., at Martin Luther King, Jr. Junior High School in Pittsburg to celebrate Martin Luther King, Jr. Day.
2) PUBLIC COMMENTS
Peter Zirkle, Director, Ironhouse Sanitary District (ISD), introduced himself as the new liaison for ISD. He indicated there have been many challenges with the recent storms.
Mayor Meadows requested Mr. Zirkle provide more detail regarding the challenges he mentioned.
Director Zirkle indicated the sewage system is designed to handle household waste, not deluged with rainwater so ISD has pump trucks to keep stuff out of the system. 3) CONSENT CALENDAR
3.1 Approve Minutes from the Special City Council Meeting held December 13, 2022 (Libby Vreonis, City Clerk)
3.2 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting Held December 13, 2022 (Libby Vreonis, City Clerk)
3.3 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)
3.4 Fiscal Year (FY) 2022/23 Second Quarter Report on the Capital Improvement Program (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.5 Appointment of City Council Standby Members for Newly Elected Councilmembers in the Event of a Declared Emergency (Libby Vreonis, City Clerk) 9 Councilmember Fuller requested clarification regarding item 3.4—if the Council is accepting the item.
Mr. McMurray confirmed the recommended action is to accept it.
No public comments were submitted.
Vice Mayor Williams requested to pull item 3.4.
It was moved by Councilmember Shaw and seconded by Councilmember Fuller to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0) Item 3.4
Vice Mayor Williams pulled the item to highlight the projects the City is working on. She requested staff provide the timeline regarding the East Cypress Road Widening project.
Public Works Director/City Engineer Kevin Rohani indicated the contract for the reconstruction of E. Cypress Road from Knightsen Avenue to Jersey Island Road has been awarded by the Council, the utility relocation of PG&E gas lines was supposed to start December 28 but due to weather it is postponed until the rain stops, and once done, actual construction will begin and will take approximately 4-6 months, providing a two-lane road widened to six lanes with curb gutter, sidewalk, underground utility and a bike lane. He indicated E. Cypress Road from Jersey Island Road to Bethel Island Road will be constructed as part of the Grand Cypress Reserve Project with construction anticipated to start in the latter part of this year. He mentioned this will complete overall E. Cypress Road from Bethel Island Road to Main Street. He shared that the City’s maintenance staff has been involved in patching the road and staff will do road repair from Knightsen Avenue to Jersey Island Road next week when the rain subsides.
Vice Mayor Williams inquired if the Holly Creek Restroom Project is near completion. She mentioned recent vandalism.
Mr. Rohani indicated it is nearly done with finishing touches being placed on the project and clean-up of vandalism; it will be open by spring.
Vice Mayor Williams mentioned the Laurel Road Extension Project (Teton Road to Sellers Avenue) and Laurel Road Widening Project (O’Hara Avenue to Cloverbrook Avenue) and asked staff to provide context regarding the amount of travel on Laurel Road and if it would require more improvement and frequency than E. Cypress Road.
Mr. Rohani indicated there is no favoritism as to which road is improved. He explained these projects involve many components, i.e., acquiring right of way and utility. He shared Laurel Road has the largest arterial with almost 20,000 trips per day; E. Cypress Road has less than 20,000 trips per day. He further explained that E. Cypress has gone through improvements by developers and projects on E. Cypress depend on developers because the City doesn’t have the right of way and there are a lot of utility relocations. He indicated the condition of the road is not lost on the radar. He shared that Laurel Road has been improved section by section; the relocation of WAPA lines took 3 years to work with utility companies, it took several years to acquire the right of way to bring a design contract forward, and E. Cypress Road will be built before Laurel Road is completed because of large WAPA poles which will take a couple of 10 years. He added that staff looks collectively at all projects in the City and must address issues of right of way, funding, and work with multiple agencies involved, i.e., the County railroad, etc.
Vice Mayor Williams commented that Enrico Cinquini Park is also listed on the update and will include additions to the park, a bocce ball court, a cornhole court, and a splashpad water feature.
Mr. Rohani mentioned it will be one of Oakley’s nicest parks funded partly by the developer and partly by park impact fees.
Vice Mayor Williams moved to accept the report.
Councilmember Fuller thanked staff for their work on E. Cypress Road to ensure safety. He indicated there is no priority of projects, there are different needs for different projects, and he appreciates what has been done and what staff is doing. He mentioned the Oakley Regional Community Park Project (CIP #176) is still being planned and does not yet have funding. He requested clarification that there has been no final approval what is going there.
Mr. Rohani mentioned Councilmember Fuller is referring to the 55-acre property located at the end of Sellers Avenue. He shared that before the holidays, a landscape architect was approved for the project who will assist the Council to bring forth a final concept plan for the project. He confirmed there is no major funding for the project, it will cost $50-$60 million to complete the project, and staff has applied for grants unsuccessfully thus far but will keep seeking funding.
He indicated this year the concept will be developed to then secure funding.
Councilmember Fuller seconded the motion accepting the report. Motion was unanimous and so ordered. (5-0)
4) PUBLIC HEARINGS
None.
5) REGULAR CALENDAR
5.1 A Resolution of the City Council of the City of Oakley Appointing the Mayor and Vice Mayor as the City Council’s Subcommittee for City Manager Employment Matters (Derek Cole, City Attorney)
City Attorney Derek Cole presented the staff report.
Councilmember Fuller commented he and Mr. Cole differ on that it has always been done. He commented that Mr. Cole mentioned here that the Mayor and Vice Mayor will meet with the City Council and receive direction on the salary after the contract or whatever is being moved forward upon, but he didn’t see in the resolution that the Mayor and Vice Mayor after each negotiation contact will return to the City Council to report which is imperative. He expressed if the ad hoc committee talks with the City Manager regarding salary and the City Manager wants to present a different salary, it should be reported back by the ad hoc committee so the City Council can hear it in closed session. He indicated if it does not happen that way, the only time the City Council has an opportunity to speak is on it is at the dais when the contract is made public where they cannot talk about performance, therefore, it is imperative that the negotiating 11 team receives direction from the City Council during closed session, negotiates with the City Manager, then returns and reports in closed session.
Mayor Meadows asked Councilmember Fuller if he is requesting to add that language.
Councilmember Fuller confirmed he is.
Councilmember Shaw commented if they go back for every discussion, it will be a lot of back and forth, however, if they meet in closed session and the City Council provide parameters and the subcommittee stays within that, there is no need to keep reporting back, but if something is proposed outside of that, she agrees.
No public comments were submitted.
Councilmember Fuller expressed his experience is that the process may be slow, it involves a lot of work, but they need to be transparent, and the Oakley City Hall family needs to be heard; they do it with unions and non-represented and it is the right way to do it.
Mr. Cole commented that it has always been the practice as long as he has been City Attorney and it should be that way. He mentioned what he is asking for is implied. He suggested for clarification he could add “or continuing” to the third “Whereas” paragraph, after the words “before commencing”.
Councilmember Fuller agreed.
Vice Mayor Williams commented she was going to ask for language to be added; parameters will help keep moving negotiations forward and if outside parameters the added language will address it.
It was moved by Councilmember Fuller and seconded by Vice Mayor Williams to approve the resolution as amended to include "or continuing" in the third “Whereas” paragraph as Mr. Cole suggested. Motion was unanimous and so ordered. (5-0)
5.2 Authorization for the City Manager to Execute the Second Amendment to a Purchase and Sale Agreement with the Yellow Roof Foundation for the sale of one additional property located at 4921Teakwood Drive (APN: 035-322-022) which will lead to the construction of 2 additional affordable housing units (Joshua McMurray, City Manager)
City Manager Joshua McMurray presented the staff report.
No public comments were submitted.
Applicant Trent Sanson, Yellow Rood Foundation, expressed gratitude for the opportunity to work with the City Council and staff.
Vice Mayor Williams inquired when construction would begin if the item were approved.
Mr. Sanson responded that pending approval of the fourth lot, they would submit for design review mid-February and package 45-60 days, construction would begin in the summer. 12 Vice Mayor Williams inquired if the property qualifies for the next housing element cycle.
Mr. McMurray confirmed it does.
It was moved by Vice Mayor Williams and seconded by Councilmember Fuller to authorize the Second Amendment. Motion was unanimous and so ordered. (5-0)
5.3 Consideration of a Resolution Approving an Agreement between Tyler Technologies and the City of Oakley for the Conversion from the Tyler Eden Enterprise Resource Planning (ERP) System to the Tyler Enterprise ERP System and Authorizing the City Manager to Execute the Agreement (Tim Przybyla, Finance Director)
Finance Director Tim Przybyla presented the staff report.
Vice Mayor Williams inquired if staff anticipates any downtime of any modules over the period of the conversion (July 2023 through March 2026).
Mr. Przybyla responded staff expects no downtime; one module will be implemented at a time.
No public comments were submitted.
It was moved by Councilmember Fuller and seconded by Councilmember Henderson to adopt the resolution. Motion was unanimous and so ordered. (5-0)
5.4 Consideration of a Resolution Approving a Professional Consulting Services Agreement between the City of Oakley and Koa Hills for Consulting Services Associated with the Conversion from the Tyler Eden ERP System to the Tyler Enterprise ERP System and Authorizing the City Manager to Execute the Contract (Tim Przybyla, Finance Director)
Finance Director Tim Przybyla presented the staff report and recommended adoption with revisions including changing the year from 2026 to 2025 on page 9 and changing the contract administrator from Kevin Rohani to Tim Przybyla, CPA, Finance Director.
Councilmember Fuller inquired how much support will be provided.
Mr. Przybyla expressed he is confident the consultant is knowledgeable and will be able to provide the assistance staff needs.
No public comments were submitted.
It was moved by Vice Mayor Williams and seconded by Councilmember Shaw to adopt the resolution as amended. Motion was unanimous and so ordered. (5-0) 6) REPORTS
6.1 CITY MANAGER
(a) City Manager
13 City Manager Joshua McMurray reported that work has been performed almost around the clock with recent storms, and overall, infrastructure has held up well. He mentioned staff is trying to keep the public informed and push out updates as needed.
Vice Mayor Williams addressed flooding of the pasture on E. Cypress that accumulated with several days of rain. She inquired if there is anything the City can help with in this area.
Mr. McMurray responded that continual flooding could shut down the roadway which causes staff great angst and concern; however, the rain is supposed to lighten up by tomorrow morning which should provide some relief and allow the area to drain; staff is monitoring it (staff during the day and Police on patrol after business hours) and keeping in contact with the County. (b) Police Department Update from Police Chief Paul Beard Chief of Police Paul Beard provided a PowerPoint presentation on the Police Department including a command staff introduction, mission of the department, where staff is from; staffing numbers, attrition since 2016, recruiting efforts, beat/patrol team structure, calls for service, challenges facing Police in Oakley and across America, daily toll of the occupation, 2022 accomplishments, LEICA 3D scanner, notable incidents of 2022, enforcement trends, current structure and growth of the department, and information regarding the flag pole they installed and dedicated last year.
Mayor Meadows inquired if the public could request a copy of the presentation.
Chief Beard confirmed it is available to the public.
Councilmember Fuller inquired about NIBRS.
Chief Beard explained it is a national database all agencies report stats to.
Councilmember Fuller commented 68% staffing of officers is not so unusual given the work officers perform. He inquired if there is an average number of staff that may be out ongoing to have an idea of the numbers needed to cover.
Chief Beard explained the past two years have been rough in regard to injuries with there being a cumulative effect of the number of years on the job for some requiring months off. He shared they have tried to have a cushion yet were close to needing emergency staffing and therefore recruiting and hiring have been ongoing.
Councilmember Fuller commented that people not are not currently as interested in police work, even in families with a long history of officers.
Chief Beard commented they need bodies but also continue to maintain high standards for hiring.
Councilmember Shaw inquired about the timing from an officer’s application being submitted, to training, to being on their own.
Chief Beard indicated about 60 days and once sworn in, it depends on their level of experience, anywhere between 7 weeks to 13 weeks before being on their own. 14 Councilmember Shaw inquired if there is a field officer and trainee with 2 bodies to a car.
Chief Beard responded that is correct; however, there are 2 officers currently in training and they are not yet operational.
Councilmember Henderson inquired if traffic collisions have increased in 2022 with taking the traffic division out.
Chief Beard responded that he feels like they were down. He mentioned staffing issues and investigations took precedent during 2022 and they will be opening up a traffic position tomorrow. He indicated the full traffic division will consist of 3 officers which he hopes to fill this year.
6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR
AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY
(a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency
Councilmember Fuller reported he forgot to mention one element from his last report regarding Diablo Water District. He mentioned the District is writing a multi-agency EIR regarding the Delta Conveyance Project which it is taking a point on leading.
Mayor Meadows reported he attended the Mayors Conference hosted by the City of Hercules last week where there were appointments to commissions, and he will attend the TRANSPLAN meeting Thursday.
(b) Requests for Future Agendas
Councilmember Henderson requested a work session to increase staffing of Police and look at needs of its facilities as they grow. The entire Council supported his request.
Councilmember Fuller requested an update and presentation on the SJPA/train platform. His request was supported by Councilmember Shaw.
Councilmember Fuller mentioned Supervisor Diane Burgis mentioned a partnership for the library. He requested a report from the non-profit organization and how much money is available.
Mr. McMurray responded that an update will be provided during the next Council meeting.
Vice Mayor Williams requested a procedure to address the items OYAC presented that will also be good for economic development.
Mayor Meadows inquired if the OYAC items could be aligned with other items.
Mr. McMurray mentioned they can have a work session to address economic development and OYAC items.
Mayor Meadows called a brief recess at 8:44 p.m. The Council reconvened at 8:51p.m. 15 7) WORK SESSIONS
7.1 637 and 639 Brownstone Preliminary General Plan Amendment (PA 01-22) – Work Session to discuss the merits of a potential project to amend the General Plan Land Use Designation of an approximately 9.97-acre site from Residential Very Low (RV) to Residential Low (RL) (Ken Strelo, Planning Manager) Planning Manager Ken Strelo presented the staff report and PowerPoint presentation, and he summarized two incoming comments.
Vice Mayor Williams thanked the applicant for their work on the plans. She inquired if the recommendation to not have an exit on Brownstone would mean Brownstone gets no improvements because it does not seem that the developer would be on the hook for that.
Mr. Strelo explained Brownstone would still be a frontage for the project and would still be required to be dedicated and improved.
Vice Mayor Williams inquired if the amendment takes away any ag uses on these properties.
Mr. Strelo mentioned there may be some confusion based on newer General Plan land use titles. He explained that the residential very low is very similar to the previous single-family medium density which allows for 3.8 dwelling units per acre and would not typically be ag limited.
Councilmember Fuller requested clarification how that works.
Mr. Strelo inquired if he is referring to the blending of density with capped units.
Councilmember Fuller mentioned residents bought there because it is rural. He mentioned this may be less density, but right of it are vineyards and ag.
Mr. Strelo explained the property is currently residential very low which allows for a maximum of
2.3 dwelling units per gross acre meaning they could have 29 units. He indicated this would amend a portion, or one of the properties, resulting in 3.0 units per acre and the next higher density to what they are is what it would be amended to. He mentioned if the entire property were amended to that density, it would be 3.8 dwelling units per acre which is a lower density than Riata but is a higher density than what is permitted currently; there would be a 3.3 dwelling units per acre for Riata, 3.0 dwelling units per acre for this property if built as proposed, and the next property over would max out at 2.3 dwelling units per acre under the current General Plan so in that sense there would be some blending of density; it would be higher than what is currently allowed, but lower than what is currently allowed at Riata.
Councilmember Fuller inquired if it stays as is, how many units can be built per acre.
Mr. Strelo 2.3 units per gross acre (prior to any road dedication), or 13 acres x 2.3=29.9 units per acre.
Councilmember Fuller inquired if it goes to residential low; how many units would be allowed per acre.
16 Mr. Strelo explained it would be a maximum 3.8 dwelling units per acre; if they do the entire 10 acres as residential low, the maximum allowable units on all 13 acres would be 45 which is why the question came up regarding capping units.
Councilmember Fuller inquired if this development would have affordable housing.
Mr. Strelo responded he does not believe this project would have the allowable density to pencil as an affordable project; however, it is a market rate project.
Councilmember Fuller commented if there were fewer units, they can charge more because of larger lots, so they could get equity out of the property either way.
Mayor Meadows called for public comment.
Michael Rosalez shared he lives across the street from Riata Park, one of the busiest parks in Oakley. He mentioned Neroly Road coming into the new subdivision is a good idea and speedhumps are welcomed, but the roundabout hasn’t slowed down speed much. He commented that the park is very important with a lot of young families in the neighborhood; there are young kids at the park and kids riding scooters and bikes around the park. He mentioned he would like to see a greenway at Scabbard Way for emergency vehicle access with bollards (he provided pictures). He mentioned if Neroly is the only way only in great, but if they are going to open Scabbard look, he suggested looking again at opening Brownstone. He requested the timeline.
Marilyn Tiernan shared she has lived on Brownstone since the City incorporated. She commented there is way too much traffic going way too fast on Brownstone, she appreciates the changes that have been made and that density has decreased, but it doesn’t change the fact that Brownstone is an ag street with horses in backyards of the roads everyone drives. She mentioned she fought to get very low density through many Councils and here they are again not honoring previous Council decisions when she and her neighbors thought this was a done deal. She mentioned Brownstone received pavement and a line upgrades but is still Brownstone; here they are again years later.
Zachary Wright with Discovery Builders (applicant) thanked the City Council for its time and the public for their comments. He shared they are under contract for the 3 acres.
Councilmember Fuller expressed he appreciates that people bought for the rural atmosphere and residential very low but the Council is not going to stop people from coming into Brownstone to develop the property; if the developer is going to sell at a higher rate, the equity is still there at 29 units. He mentioned the area is a nightmare for school traffic and he can understand how people use Brownstone to get to Main Street, but putting the traffic onto Neroly is not the answer either and he is uncertain how to negate the traffic.
Vice Mayor Williams inquired if there is possibility of green space as proposed since the City promotes walkability and a pedestrian-friendly city.
Mr. Strelo explained the development needs a minimum of 2 emergency access points. He shared that he has not yet reached out to the Fire District as it has not yet been proposed.
Mayor Meadows commented they are looking at the General Plan amendment to change the zoning tonight, not the conceptual plan; if they approve the General Plan amendment, they will 17 probably bring it back for discussion. He added he appreciates the applicant listening to the Council and bringing back a less dense project. He indicated he would be in favor to approve the General Plan amendment to change the zoning tonight and later come back with a conceptual plan.
Councilmember Shaw shared she likes the idea of capping units which she brought up at the Planning Commission meeting and would want to see happen, and she likes the idea that there is gradual density. She indicated she would be open to the General Plan amendment.
Vice Mayor Williams shared she doesn’t typically love density changes; she believes she has been consistent with the way the City was outlined and how the former Council decided and they should stay as true to that as possible, but she also understands making the numbers pencil out.
Mr. Wright commented there are two frontages, Neroly and Brownstone, and they are trying to amortize that cost. He mentioned it doesn’t matter if they are 12,000 or 8,000 square foot lots; they will charge the same because buyers will buy the house, not the land. He indicated this plan meets the needs of the public and gets roads improved.
7.2 City Council Visioning and Strategic Plan Review (Joshua McMurray, City Manager)
Mayor Meadows commented he appreciates the applicant bringing this back. He explained he felt he didn’t get a voice in 2021 and believes he can also speak for Vice Mayor Williams and Councilmember Fuller in that regard. He mentioned they pushed for a Strategic Plan a year ago to include their input and agreed they would look at doing a review every 2 years in odd years.
He mentioned he wants to hear what Councilmembers Henderson and Shaw have to say; they were in the room for planning process but may have comments or additions.
City Manager Joshua McMurray commented that in early 2022, the City held a work session to go over the vision and kicked off the Strategic Plan process, they spent 4 months and $60k, and held meetings with public participation to develop a 5-year plan instead of a 2-year plan which includes 170 objectives to span all operations of the City. He mentioned there is an opportunity now for all the City Council to provide input. He also mentioned they are 9 months into the document, which was adopted April 2022, there was an update provided at the end of 2022, and 3 updates will be provided per year.
Councilmember Fuller commented Councilmember Henderson and Shaw should have priority, the rest can address particulars.
Councilmember Shaw commented she is new to the Council but participated in workshops, therefore, she feels like she has been part of it and some of her ideas are in it.
Councilmember Henderson commented he also participated in it. He mentioned it was planned when built to be a 5-year plan and layout the foundation. He expressed that the plan needs to be allowed to work and they can evaluate it in 2 years but at this point there hasn’t been enough time; they would be changing things in the middle without allowing time for completion.
Councilmember Fuller referred to Section 8.5 of the handout he provided and mentioned he is still looking for a statement like this in the mission statement. He highlighted the portion, “Contractor shall not discriminate on the basis of a person’s race, religion, color, national origin, 18 age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation,…”.
Councilmember Fuller commented on the Parks and Open Space goal that they need to stress they are planning to develop the area for recreational use and funding is still needed.
Councilmember Fuller commented on NGOs that they are committed to creating NGOs but they are not coming about and need more concentration on them, similar to what has been done for the entrepreneur center.
Mr. McMurray commented that it doesn’t sound like there is a desire to open the whole Strategic Plan. He indicated if there is support for any of Councilmember Fuller’s suggestions this is a good time to express support. He indicated work has been done to the mission statement and staff will seek funding for the regional park. He shared that the Strategic Plan guides the budget each year; they are not presenting something public the Council is not aware of. He mentioned there is a maintenance obligation and as they embark on planning stage of the regional park, there are many aspects that haven’t yet been discussed. He shared one idea is to privatize some of the park to cover maintenance and use. He indicated there is a lot they still need to talk about and if it is the Council’s desire to strengthen the language, the Council should provide staff that direction. Regarding NGOs, he mentioned staff can work on programs or classes for nonprofits, like the entrepreneur program. He mentioned there are things they are doing but the Council can provide direction if it wants it in the Strategic Plan or to bring forth a work session.
Vice Mayor Williams mentioned as they are working on a business-friendly economic development plan during a downturn; they need to provide resources and support and build it into the Plan how they envision the city. She mentioned it is timelier than when they first were going through this; they want to support businesses started by residents and there is some urgency competing with Brentwood that already has approved soccer fields that will create revenue for them but will pull from Oakley. She indicated she wants to see some plans in place to get real economic development and where Oakley is an attraction, a place to go.
Mayor Meadows commented staff is working on an economic development plan that should be in place late spring.
Mr. McMurray commented that the economic development work plan can include those things.
He mentioned they are working on development grants and updating the facade improvement plan. He mentioned February 28 is the date they are targeting for the plan, and it will guide the work they do daily for economic development of which ideas the consultant will obtain from the Council during interviews. He mentioned they are doing some work now for small business but can do more; it is a resource issue. He added if the Council wants to amend the Strategic Plan, staff can insert language there too.
Councilmember Shaw commented that one goal within the Strategic Plan is not more important than another and if they work on everyone’s specific ideas, they are never going to get through the goals if the focus is on perfecting the plan. She suggested staff needs to spend their time on doing things to get to these goals.
Mayor Meadows commented he is okay with the mission, the way the regional park plan is worded but they are working on an update to the regional park plan, and the NGO section the way it is worded. He mentioned there are not a lot of service organizations in Oakley which is a 19 detriment because it is tougher for the city to put on functions, and it would be a benefit if they could promote them somehow.
Councilmember Fuller provided many examples of San Francisco NGOs and how they benefit the city and community; they provide a sense of life and bring tourism.
7.3 Process for Selecting Mayor and Vice-Mayor Following Implementation of District Elections (Derek Cole, City Attorney)
City Attorney Derek Cole presented the staff report. He mentioned his intent is to bring an ordinance back after obtaining Council direction. He outlined 4 options.
Option 1: Relative Percentage
Mayor Meadows suggested they can discuss the 4 options or go by each one. He mentioned he thinks option 1 is convoluted and would not be in favor.
Councilmember Fuller indicated he wants to hear what his colleagues have to say.
Councilmember Fuller commented a tie can be settled by a coin flip and 2 elected would serve once as Mayor during the 4-year term.
Mayor Meadows commented percentages are in the staff report rather than vote count.
Councilmember Fuller commented they won’t work with the way the districts are set up.
Councilmember Shaw commented she doesn’t think percentages would work; it wouldn’t be fair.
Vice Mayor Williams commented she doesn’t like percentages.
Option 2: Random Draw
Mayor Meadows commented the second option is a random draw during a tie and he is not for it.
Vice Mayor Williams commented she is not for it. She explained that if District 2 wins the dice every time, no rotation occurs. She mentioned the way they currently rotate, essentially people were voting for it because it is based on the highest percentage of votes during the election and a random draw would not give voice to those people who voted.
Mayor Meadows commented that choice was taken away with districting.
Councilmember Shaw commented she doesn’t like a random draw.
Option 3: Nominate
Mayor Meadows mentioned this option provides that they can pick a new Mayor or Vice Mayor every year, but it could be the same people every year, so he is not in favor. 20 Councilmember Fuller commented he is thinking they would be rotating through, but two at the end get a tie; first and second if two, they will serve as Mayor one time during the four-year term.
Mayor Meadows commented as of now, they would not because it is based on vote count; Councilmember Fuller could not be Mayor unless he runs again and wins.
Councilmember Fuller commented if there is a tie between Councilmembers Shaw and Henderson and they flip a coin, one would become Vice Mayor.
Councilmember Shaw commented this would be changing it completely moving forward in 2024; it would not be an automatic rotation.
Councilmember Fuller commented if they are going by rotation, they would need a tie breaker between the 2 new Councilmembers.
Mayor Meadows commented this option would allow the Council to choose the Mayor and Vice Mayor every year and it could be the same person year after year if voted in.
Councilmember Fuller commented he sees this as random, the person selected can change.
Mayor Meadows commented it could become political and that doesn’t best serve the Council.
Councilmember Fuller agreed and commented he is not quite sure why it wouldn’t work; if he runs in the rotation scenario and is not elected, Councilmember Shaw would become Mayor.
Mayor Meadows commented that the problem is now the city has districts so the percentages are different for the number of votes for Councilmembers Shaw and Henderson; the districts have different numbers of population and District 4 could have a larger district with all the homes being built on E. Cypress.
Councilmember Fuller expressed regardless of percentages, they both entered into office at the same time and they could flip a coin.
Option 4: Rotation by District
Councilmember Henderson suggested after the first election the rotation would be built, then they could go in order of district by district so by the end of it, it would be in a total rotation; at first it would take a hybrid approach. He mentioned it makes the most sense as a newly elected cannot sit in the position of Mayor the first year.
Mr. Cole commented under this option, Anissa Williams would be Mayor in 2024, and they could implement the district rotation with District 2 or 4 in 2025, when one of the two Councilmembers from these districts would be appointed as Vice Mayor.
Councilmember Henderson clarified Councilmember Fuller would rotate into being Vice Mayor and then the new system would be implemented.
Mayor Meadows commented that Anissa Williams would be Mayor in 2024 (District 3), Shannon Shaw would be Mayor in 2025 (District 4), and Hugh Henderson would be Mayor in 2026 (District 2). He indicated they will have to figure out the rotation, but he favors rotation by district. 21 Councilmember Fuller commented that a person without a year on the Council could not sit as Mayor or Vice Mayor.
Vice Mayor Williams commented there are currently 3 at-large positions, the majority. She suggested they could implement it once they are all in districts.
Mr. Cole commented that the Council can specify Anissa Williams as Mayor and George Fuller as Vice Mayor for 2024, and in 2025, the District 2 or 4 Councilmember would be Mayor. He mentioned they have to account guaranteed seats and they may have a problem if all 3 don’t run again or don’t get re-elected, speaking of Districts 1, 3 and 5.
Vice Mayor Williams suggested they could have the Mayor and Vice Mayor as District 2 and 4 for 2025.
Councilmember Fuller commented that in 2024, Anissa Williams would be Mayor and he would be Vice Mayor, and in 2025, Districts 2 and 4 would be Mayor and Vice Mayor.
Councilmember Shaw mentioned she would like to see the Mayor be Vice Mayor for 1 year and the Vice Mayor on the Council for 1 year as it gives the Vice Mayor experience.
Mr. Cole commented if Councilmember Fuller runs in 2024 and wins, they could grandfather it to preserve him being Mayor (District 5). He indicated he will work on it and bring it back for the Council to consider.
Councilmember Fuller commented he likes the idea to grandfather it.
Mayor Meadows summarized the consensus is for option 4 and the City Attorney will work on the language for the Council’s consideration. He called for public comments.
Angela Lowrey commented. She suggested the Council think about districts, not people. 8) CLOSED SESSION
9) ADJOURN
There being no further business, the meeting was adjourned at 10:25 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk
22 Minutes of the Special Meeting of the Oakley City Council held February 14, 2023
1) Call to Order and Roll Call
Mayor Aaron Meadows called the special meeting to order at 5:30 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Mayor Anissa Williams and Councilmembers George Fuller, Hugh Henderson and Shannon Shaw were also in attendance.
2) Pledge of Allegiance to the Flag
Mayor Meadows led the Pledge of Allegiance to the Flag. 3) Public Comments
No public comments were submitted.
4) Closed Session
Mayor Meadows announced the closed session item. The Council held discussion in the antechambers.
4.1 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
O’Hara Properties, LLC. v. City of Oakley et al.,
Contra Costa Sup. Ct. Case No. N22-0924
5) Adjourn
There being no further business, the meeting was adjourned at 6:20 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk
23 Minutes of the Regular Joint Meeting of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority held
February 14, 2023
1) OPENING MATTERS
1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
Mayor Aaron Meadows 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 Anissa Williams and Councilmembers George Fuller, Hugh Henderson and Shannon Shaw were also present.
1.2 Pledge of Allegiance to the Flag (Oakley Elementary School Students, Cruz Perez, 5th Grade and Joseph Gomes 4th Grade)
Oakley Elementary Students Cruz Perez and Joseph Gomes led the Pledge of Allegiance to the Flag.
1.3 Presentation of Proclamations Declaring February as Black History Month (Assemblywoman Lori Wilson and Freedom High School Black Student Union)
Mayor Meadows presented the proclamation to the Freedom High School Black Student Union.
The Black Student Union shared comments regarding the importance of recognizing Black History Month.
A video was shared from Tiffanee Jones, District Director for Assemblywoman Lori D. Wilson.
Michael Dupray provided public comment calling for action, not just words, toward complete equity. His full comments were provided online in writing and are made part of the meeting record.
Trecinna Lankford-Abundis provided public comment. She indicated she works with youth and encourages the school district teaching black history year-round to educate youth early to reduce and eliminate racism and terrorism against people of color and to be more compassionate with others. 24 Katrina Mbonisi provided public comment. She shared her late husband was an advocate, teacher and mentor for African American youth and helped people in prison as an advocate for re-entry programs (jobs, housing, education). She supported the City recognizing Black History Month.
Dr. Lamont Francies provided public comment. He read works of Frederick Douglass and mentioned we systematize the seeds we sow. He mentioned Black History Month is a reminder of how far African Americans have come nationally but how far they have yet to come locally. He mentioned representation is lacking and outreach is minimal. He requested the City of Oakley financially support cultural events and celebrate contributions of African Americans.
Willie Mims provided public comment. He spoke about the first emancipation in Washington D.C., that Abraham Lincoln did not emancipate African Americans, and he wanted to express the true history of African Americans. 2) PUBLIC COMMENTS
None.
3) CONSENT CALENDAR
3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting Held January 10, 2023 (Libby Vreonis, City Clerk)
3.2 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency and Special Public Financing Authority Meeting Held January 24, 2023 (Libby Vreonis, City Clerk)
3.3 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)
3.4 Acceptance of Subdivision Improvements Associated with Shiloh Subdivision 8975 located near the southwest corner of Main Street and Simoni Ranch Road and beginning the one-year warranty period (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.5 City of Oakley Investment Report (2nd Quarter FY 2022/2023) (Tim Przybyla, Finance Director)
3.6 City of Oakley as Successor Agency to the Oakley Redevelopment Agency Quarterly Investment Report (2nd Quarter FY 2022/23) (Tim Przybyla, Finance Director)
25 3.7 Consideration of a Resolution Approving the Proposal from Bellecci and Associates, Inc., and Authorizing the City Manager to Execute Amendment Number 1 to the Consulting Services Agreement with Bellecci and Associates, Inc. for Construction Support Services related to the East Cypress Road Widening Project (Knightsen Avenue to Jersey Island Road) Project – Capital Improvement Project 247 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.8 Approving the Agreement with Oakley Hills, LLC for “Stormwater Management Facility Operations and Maintenance Agreement and Right of Entry” for the DR 05-21 Wendy’s Restaurant project located on the north side of Main Street approximately 295 feet east of Bridgehead Road and authorizing the City Manager to execute the agreement (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.9 Consideration of a Resolution Establishing the Rate per Equivalent Runoff Unit for Fiscal Year (FY) 2023/24 and Requesting the Contra Costa County Flood Control and Water Conservation District to Adopt an Annual Parcel Assessment for Drainage Maintenance and the National Pollutant Discharge Elimination System Program (Kevin Rohani, P.E., Public Works Director/City Engineer)
There were no public comments.
Councilmember Fuller requested item 3.1 be pulled.
It was moved by Councilmember Shaw and seconded by Vice Mayor Williams to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0)
Item 3.1
Councilmember Fuller asked to have the following included for the January 10, 2023 minutes for item 7.1:
Councilmember Shaw asked Zachary Wright who was seated in the audience whether he could expand the same probability of larger lots versus smaller lots and Mr. Zachary Wright who was representing Seeno Builders said “No, that was not possible, they were in the position of selling houses and people did not buy houses based on land available also.”
Mayor Meadows requested clarification if he wants to change the language.
Councilmember Fuller clarified he would like the language added at the end.
Councilmember Shaw expressed she did not recall asking that question. 26 Mayor Meadows inquired if he wants the City Clerk to review the video and bring back the minutes.
City Manager Joshua McMurray indicated the City Clerk could bring it back at the next meeting.
4) PUBLIC HEARINGS
None.
5) REGULAR CALENDAR
5.1 Adopt a Resolution Amending the 2022-2023 Salary Schedule to include the addition and replacement of specific job classifications (Jeri Tejeda, Human Resources Director)
Human Resources Director Jeri Tejeda presented the staff report.
Vice Mayor Williams requested more detail regarding the flexibility for Planning.
Mrs. Tejeda explained the Assistant Planner position would come in at a lower hourly rate and would not have as many technical skills as they hope for with an Associate Planner which has a higher-level skill set; they want to provide flexibility to recruit an Associate Planner or an Assistant Planner that can build skills.
There were no public comments.
It was moved by Councilmember Fuller and seconded by Councilmember Henderson to adopt the resolution. Motion was unanimous and so ordered. (5-0)
5.2 Introduce an Ordinance Adding Section 2.1.003 to and Amending Section
2.1.005 of the Oakley Municipal Code Concerning the Annual Selection of Mayor and Vice Mayor Following the Implementation of By-District Elections (Derek Cole, City Attorney)
City Attorney Derek Cole presented the staff report.
Vice Mayor Williams inquired about having an elected Mayor.
Mr. Cole explained it is possible but would have to go to the voters.
Mayor Meadows suggested the ordinance language reflect 360 days rather than 365 days to ensure that a Councilmember does not fall short of service to qualify for the seat of Mayor or Vice Mayor.
27 Councilmember Fuller suggested the language not be specific to days but rather reflect the calendar year rotation.
Vice Mayor Williams suggested it be shortened further to 345 days.
There were no public comments.
It was moved by Vice Mayor Williams and seconded by Councilmember Shaw to waive the first reading and introduce the ordinance as amended to reflect 345 days. AYES: Henderson, Meadows, Shaw, Williams. NOES: Fuller. (4-1)
5.3 Interview Planning Commission Applicants and Appoint Two Members to the Planning Commission (Brent Smith, Community Development Director) Community Development Director Brent Smith presented the staff report.
Mayor Meadows suggested two Commissioners hold two-year terms and Commissioner Leonard Price hold a four-year term. He mentioned he reached out to Commissioner Price before proposing this to confirm he is willing to serve a four-year term.
City Attorney Derek Cole mentioned it is not agendized, therefore staff can bring back an item on the Consent Calendar on February 28 to change the terms.
Councilmember Fuller suggested an opportunity be provided to anyone wishing to withdrawal their application at this time if the discussed terms do not meet their expectation.
Candidates were escorted to a conference room across from the City Council Chambers and brought into the Chambers individually to interview. The City Council interviewed each candidate using uniform questions and forced ranking sheets. The Council took a brief recess to allow staff to tabulate results. The Council reconvened.
Mr. Smith announced Jeanne Krieg and Jimmy Ramirez were the top candidates selected for the Planning Commission.
Mr. Cole suggested approving the resolution as presented to appoint the top candidates and staff will bring back a resolution on February 28 to revise the terms.
There were no public comments.
It was moved by Vice Mayor Williams and seconded by Councilmember Shaw to adopt the resolution appointing Jeanne Krieg and Jimmy Ramirez to the Planning Commission. Motion was unanimous and so ordered. (5-0)
28 6) REPORTS
6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray announced the semi-annual Oakley newsletter will go out in the next couple of weeks, Friday Night Bites continues the first Friday of each month and Concerts in the Park will be added into that event MayOctober, Science Week is April 1-7, Taste of Oakley will be held at the Oakley Recreation Center on May 13, and the Youth Employment Workshop will be held March 11. He mentioned in response to the Council’s request to do more for small businesses and non-profits, staff will hold three free small business workshops (February 23, March 23, April 27) and staff is working on scheduling an event for non-profits. He mentioned the next Entrepreneur Workshop will be held February 17; the workshops are held the third Friday of each month and are free and registration is available through Los Medanos College. (b) City Attorney-Summary of Legislation Concerning Social Media and the Brown Act
City Attorney Derek Cole explained that any Councilmember can post on social media (i.e., Facebook, LinkedIn, Instagram, Twitter, etc.) platforms and other Councilmembers reading the post does not create a serial meeting. He mentioned a traditional serial meeting occurs where three or more Councilmembers deliberate and share their positions intentionally or unintentionally. He explained that the legislation provides that a quorum or more of the Council cannot engage with another Councilmember’s post and also mentions, “No member may directly respond to another member.” He mentioned it doesn’t specify what “directly respond” means, but he believes it is referring to direct/private messaging. He shared he advises in trainings that is someone posts, don’t respond at all to avoid any concern because it is a grey area.
Councilmember Fuller inquired if Mr. Cole indicated that they should not respond at all.
Mr. Cole explained if there is a post and only one Councilmember responds rather than a quorum or more, he thinks they are okay. He shared he believes the legislature is saying they can’t direct message each other but he cannot rule out with 100% certainty the other interpretation.
Councilmember Shaw shared she wants to be cautious of not crossing the line so that is why she brought it up. She mentioned it is great that they all post to social media so long as they don’t respond to one another’s posts. 29 Mr. Cole shared the same concern and mentioned all should be cautious about not creating a record of prejudgment. He explained there is a difference between discussion of legislation and quasi-judicial decisions.
6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR
AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY
(a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency
Councilmember Fuller reported he attended the Into Your Future breakfast at Liberty Union High School District Friday morning, a mentor program to support blacks to move into college and overcome systemic discrimination. He mentioned Freedom High School is starting the program and will have a mentor available Monday through Thursday.
Vice Mayor Williams reported she attended the Tri-Delta Transit meeting and there is a bus feeder agreement with BART meaning BART provides Tri-Delta with funds to run its buses to/from BART and this year BART only provided half the funding so they are working toward trying to get the remaining funding. She also shared there is a Tri-Delta mobility app that will soon integrate with Tri MyRide, an on-demand shuttle service now available in Oakley, which is expanding into weekends and holidays. She mentioned Tri-Delta received its independent auditor report and financials are fine. She shared that there is an emergency operation bus available that provides a full-service office to Tri-Delta and cities if needed.
Councilmember Henderson reported he attended the Diablo Water District meeting January 25.
Mayor Meadows reported he attended TRANSPLAN/HWY 4 Bypass Authority/ECCRFA meetings last Thursday. He mentioned ECCRFA approved reimbursement to a developer for part of an extension to Sand Creek Road and a meeting will be held to move it ahead of James Donlon Boulevard. He announced tomorrow night he will attend CCTA.
(b) Requests for Future Agendas
Vice Mayor Williams requested discussion on one-time allocation of ARPA funds to assist the Oakley Seniors. Discussion was supported by Councilmember Shaw.
Mr. McMurray indicated staff had met with the Seniors to discuss possible revenue-generating options including sub-leasing space and connecting with 30 community partners. He mentioned staff can bring back an item during the next meeting for discussion of one-time ARPA funding.
Councilmember Fuller requested Resolution 10-10 be reviewed to include: 1) City Councilmembers can communicate their own beliefs but cannot say they are communicating on behalf of the City Council until official action is taken by the Council, and 2) If a Councilmember is reporting on a meeting, the Councilmember must preface it with it is the Councilmember’s opinion and the official record is the meeting minutes that have yet to be approved or have been approved and are available. Discussion was supported by Councilmember Shaw.
Councilmember Fuller also requested a work session to discuss expansion of Creekside Park to serve the community that has been marginalized as the City has grown. Mayor Meadows supported the discussion if not immediate and can be done at staff’s discretion.
Councilmember Fuller also requested items involving the sale, manufacturing and distribution of marijuana go directly to the City Council, not to the Planning Commission. The request did not receive support.
7) WORK SESSIONS
None.
8) CLOSED SESSION
Mayor Meadows announced the closed session items.
8.1 CITY ATTORNEY PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
8.2 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
City of Oakley v. Scelsi, Contra Costa Sup. Ct. Case No. MSN16-20 Joseph Searle et al. v. City of Oakley et al., Contra Costa Sup. Ct. Case No.
MSC 21-01000
Schaefer v. BNSF Railway Company, et al., Contra Costa Sup. Ct. Case Nos. C22-01552 and C22-01555
8.3 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (One potential case)
31 9) ADJOURN
There being no further business, the meeting was adjourned at 9:53 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk
32 Date: February 21, 2023
To: Mayor and Members of City Council
From: Derek P. Cole, City Attorney
Cc: Joshua McMurray, City Manager
Subject: Closed Session Report-Out Memo
FOR CONSIDERATION AT THE CITY COUNCIL MEETING OF FEBRUARY 28, 2023 Background and Analysis
The City Council considered the following closed session item during its special meeting held February 14, 2023:
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
O’Hara Properties, LLC v. City of Oakley et al., Contra Costa Superior Ct. Case No. N22-0924 The City Council received an update from legal counsel and the City Council provided direction to legal counsel.
Fiscal Impact
None.
Recommendation
Receive and file this report.
Attachments
None.
MEMORANDUM
Office of the City Attorney
33 Date: February 21, 2023
To: Mayor and Members of City Council
From: Derek P. Cole, City Attorney
Cc: Joshua McMurray, City Manager
Subject: Closed Session Report-Out Memo
FOR CONSIDERATION AT THE CITY COUNCIL MEETING OF FEBRUARY 28, 2023 Background and Analysis
The City Council considered the following closed session items during its regular meeting held February 14, 2023:
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
City of Oakley v. Scelsi, Contra Costa Superior Ct. Case No. MSN16-20 Joseph Searle, et al. v. City of Oakley et al., Contra Costa Superior Ct. Case No. MSC 21-01000 Schaefer v. BNSF Railway Company, et al. Contra Costa Superior Ct. Case Nos. C22-01552 and C22-01555
Legal counsel provided an update. There was no reportable action.
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9.
One potential case.
Direction was provided to staff. There was no reportable action.
Fiscal Impact
None.
Recommendation
Receive and file this report.
Attachments
None.
MEMORANDUM
Office of the City Attorney
34 Ordinance No. XX-23 Page 1 of 5
ORDINANCE NO. XX-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADDING SECTION 2.1.003 TO AND AMENDING SECTION 2.1.005 OF THE OAKLEY
MUNICIPAL CODE CONCERNING THE ANNUAL SELECTION OF MAYOR AND
VICE MAYOR FOLLOWING THE IMPLEMENTATION OF BY-DISTRICT ELECTIONS THE CITY COUNCIL OF THE CITY OF OAKLEY DOES ORDAIN AS FOLLOWS:
SECTION 1. Upon the effective date of this Ordinance, Oakley Municipal Code 2.1.003 shall be added to read as follows:
2.1.003 Appointment of Mayor and Vice Mayor Following Implementation of By-District City Council Elections.
a. Each year during the month of December, the City Council shall appoint one of its members as Mayor and one of its members as Vice Mayor for the following calendar year. b. Except as provided in paragraph (e) of this Section, the Mayor and Vice Mayor shall be selected based on the number of the City Council district from which each was elected in their immediately preceding City Council elections. The Mayor and Vice Mayor shall be selected based on the rotation schedule stated in paragraphs (c) and (d) of this Section.
c. For calendar year 2025, the rotation schedule for selection of Mayor and Vice Mayor shall commence as follows:
1) If the City Council member elected to represent City Council District Five has served for at least the preceding 345 days on the City Council, then the Mayor for that calendar year shall be selected from Council District Five, and the Vice Mayor for that calendar year shall be selected from City Council District Four; or
2) If the member elected to represent City Council District Five has not served at least the preceding 345 days on the City Council, and the member elected to represent City Council District Four has served for at least the preceding 345 days on the City Council, then the Mayor for that calendar year shall be selected from Council District Four, and the Vice Mayor shall be selected from City Council District Three; or
3) If the members elected to represent City Council Districts Four and Five have not served at least the preceding 345 days on the City Council, and the member elected to represent City Council District Two has served for at least the preceding 345 days on the City Council, then the Mayor for that calendar year shall be selected from Council District Two, and the Vice Mayor shall be selected from City Council District One; or
35 Ordinance No. XX-23 Page 2 of 5
4) If the members elected to represent City Council Districts Two, Four, and Five have not served at least the preceding 345 days on the City Council, and the member elected to represent City Council District Three has served for at least the preceding 345 days on the City Council, then the Mayor for that calendar year shall be selected from Council District Three, and the Vice Mayor shall be selected from City Council District Two.
5) If the members elected to represent City Council Districts Two, Three, Four, and Five have not served at least the preceding 345 days on the City Council, then the Mayor for that calendar year shall be selected from Council District One, and the Vice Mayor shall be selected from City Council District Five. d. For calendar year 2026, and each calendar year thereafter, the Mayor for the calendar year shall be the councilmember who served as the Vice Mayor during the preceding calendar year; and the Vice Mayor for the calendar year shall be selected from the district number that is the next lower-numbered district below the number of district from which the Mayor is selected, except that if the Mayor is selected from City Council District One, the next lower-numbered district shall be deemed to be City Council District Five.
e. A member shall not serve as Mayor if he or she has not previously served on the City Council for at least 345 days preceding the date of selection. In addition, the City Council may decline to appoint a member as Mayor or Vice Mayor if a majority of the City Council determines any of the following circumstances exist:
1) A violation of law or City policy, or has been or is being investigated for a violation of law or of policy;
2) Intemperate, rude, or disparaging remarks or conduct toward the public, staff or City Council;
3) Lack of leadership or communications skills;
4) Excessive absenteeism as a Council member;
5) Any other conduct that would be considered to be unprofessional or unbecoming of the position of Mayor or Vice Mayor;
6) Determination that the person does not have the available time to assume the additional duties of Mayor or Vice Mayor.
f. Should a member be ineligible under paragraph (e) to serve as Mayor, or should a majority of the City Council decline to appoint a member as Mayor or Vice Mayor for any of the reasons stated in paragraph (e), or should the member serving as Mayor or Vice Mayor resign his or her service as Mayor or Vice Mayor during his or her term, the City Council shall by majority vote select another member to fill the position for the calendar year or remainder of that year. The appointment of any member under this 36 Ordinance No. XX-23 Page 3 of 5
paragraph shall not affect, alter, or reset the mayoral and vice-mayoral rotation schedule for future calendar years, as provided in paragraph (d). g. The provisions of this Section shall take effect on December 1, 2024, on which date and thereafter, this Section shall supersede and replace the provisions of Section
2.1.005 of this Code.
SECTION 2. Upon the effective date of this Ordinance, Oakley Municipal Code 2.1.005 shall be amended to read as follows:
2.1.005 Appointment of Mayor and Vice Mayor through Calendar Year 2024. a. Each year during the month of December, the City Council shall appoint one of its members as Mayor. The member selected to be Mayor typically will be the member who is serving as Vice Mayor, unless the Vice Mayor is unavailable to be appointed as Mayor due to failure to be re-elected, insufficient time to dedicate to the office, or other reasons. b. Each year during the month of December, the City Council shall appoint one of its members as Vice Mayor. The person selected as Vice Mayor shall have been a member of the Council for at least one year prior to the appointment as Vice Mayor. c. Neither the Mayor nor the Vice Mayor serves a term of office, but rather serves in those capacities at the pleasure of the majority of the City Council. d. It is the intent of this section to establish a rotation process so that each Council member shall have the opportunity to become either Vice Mayor or Mayor, or both. e. The City Clerk shall establish and keep a "rotation schedule" regarding the City Council members. The member with the most continuous time of service on the Council who has not previously served as Vice Mayor and is not selected Mayor will be selected as Vice Mayor. If two or more members have equal time of continuous service, the member who received the highest number of votes at his/her election shall be selected.
The other members with equal time of continuous service will have their rank on the rotation schedule determined by the number of votes that they received at their election, with the member having the higher number of votes receiving higher ranking. f. When the Mayor completes his/her service as Mayor, he/she shall revert to the bottom of the rotation schedule.
g. If a member was appointed to the City Council, he/she shall be placed at the bottom of the rotation schedule when appointed, and shall continue up the rotation schedule thereafter in the same manner as the other members. h. If a member voluntarily declines appointment as either Mayor or Vice Mayor, he/she shall then rotate to the bottom of the schedule. 37 Ordinance No. XX-23 Page 4 of 5
i. The City Council may decline to appoint a member to serve as Mayor or as Vice Mayor if a majority of the City Council determines that the person has experienced or exhibited any of the following:
1) A violation of law or City policy, or has been or is being investigated for a violation of law or of policy;
2) Intemperate, rude or disparaging remarks or conduct toward the public, staff or City Council;
3) Lack of leadership or communications skills;
4) Excessive absenteeism as a Council member;
5) Any other conduct that would be considered to be unprofessional or unbecoming of the position of Mayor or Vice Mayor;
6) Determination that the person does not have the available time to assume the additional duties of Mayor or Vice Mayor.
j. This section shall remain effective through November 30, 2024, and thereafter shall be of no further effect due to the operative date of section 2.1.003 of this Code.
SECTION 3. CEQA.
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 4. SEVERABILITY.
The City Council of the City of Oakley hereby declares that should any section, paragraph, sentence, phrase, term or word of this Ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this Ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall become effective thirty (30) days after adoption. 38 Ordinance No. XX-23 Page 5 of 5
SECTION 6. PUBLICATION.
The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in a newspaper of general circulation, published and circulated in the City of Oakley.
PASSED AND ADOPTED by the City Council of the City of Oakley this 28th day of February 2023 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
___________________
Aaron Meadows, Mayor
ATTEST:
__________________________ _________________
Libby Vreonis, City Clerk Date
39 DATE: February 28, 2023
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Award of Construction Contract to TGN Build Inc. for the construction of the City Hall Human Resources Department Remodeling Project – Capital Improvement Project (CIP) Number 290
Background and Analysis
The City’s adopted FY 2022/23 Capital Improvement Program Budget designates funding for various infrastructure repair and replacement projects. This is consistent with the City’s goals to improve the quality of the City’s public infrastructure and to enhance the quality of life for our residents.
The City of Oakley strives to provide exemplary service to all clients. One key part of the city operations is the Human Resources Department that serves both internal and external customers. The lack of functional office space has been a challenge for the Human Resources Department staff. Due to the nature of their work, the Human Resources Department are in need of private office space for meeting with customers and having a proper and secure space for keeping confidential documents. This project will remodel the administration section of City Hall by creating office space, new functional cubicle space, a secure file room, and a private conference room for the Human Resources Department staff to meet with the internal/external clients in a private setting. As part of this project, the administration section of City Hall and Council Chambers will receive new carpet and paint.
The architectural firm of Perkins, Williams & Cotterill, Inc. were hired in August 2022 to perform the design of this project. This design work and preparation of bid documents was completed in December 2022 and the bid process began.
On February 9, 2023, seven (7) qualified bids were received for this project. Staff reviewed the bids and determined that TGN Build, Inc. was the lowest responsible company and most responsive to the City’s bid process for the amount of $204,000.
It is anticipated that the construction of this project will be completed by summer 2023.
STAFF REPORT
Approved and Forwarded to the City Council
40 Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals.
Fiscal Impact
The FY 2022/23 budget has allocated $450,000 of funding from the Facilities Fund to fully fund this construction project.
Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the construction agreement with TGN Build, Inc. an amount not to exceed $204,000 and authorizing the City Manager to execute the agreement.
Additionally, due to variables associated with construction projects, and to address unforeseen circumstances during construction; staff further recommends that the City Council authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $40,000 for work beyond what is defined in the base project bid.
Attachments
1) Resolution
2) Bid Summary
41 Resolution No. XX-23 Page 1 of 1
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING AN AGREEMENT WITH TGN BUILD, INC. FOR THE CONSTRUCTION OF CAPITAL IMPROVEMENT PROJECT (CIP) NUMBER 290 – CITY HALL HUMAN RESOURCES
DEPARTMENT REMODELING PROJECT
WHEREAS, Perkins, Williams & Cotterill, Inc. prepared the plans, specifications, and estimates for CIP No. 290 – City Hall Human Resources Department Remodeling project; and
WHEREAS, the plans, specifications and special provisions were publicly advertised for bidding, with the bid period closing at 2:00 P.M. on Thursday, February 9, 2023; and WHEREAS, seven (7) qualified bid was received prior to the close of the bidding process; and
WHEREAS, TGN Build, Inc. submitted the lowest responsible bid for a total cost of $204,000 for the work, the bid summary is attached as Exhibit A; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley that the Agreement with TGN Build, Inc. for the City Hall Human Resources Department Remodeling project – CIP 290, for an amount not to exceed $204,000 is approved, and the City Manager is hereby authorized to execute said Agreement and change orders in an amount not to exceed $40,000 as necessary, is hereby approved.
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 28th day of February 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
___________________
Aaron Meadows, Mayor
ATTEST:
____________________ ___
Libby Vreonis, City Clerk Date
42 43
STAFF REPORT
Approved and Forwarded to the City Council
DATE: February 28, 2023
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Approval of the Final Map for Subdivision 9311 (Located east of Jersey Island Road, west of Bethel Island Road and south of Dutch Slough Road)
Background and Analysis
On February 13, 2012, KT KB Oakley, LLC filed an application for approval of a Vesting Tentative Map (Subdivision No. 9311). On May 8, 2012, the City Council of the City of Oakley approved Resolution 45-12 for Vesting Tentative Map Subdivision 9311 of approximately 334 acres into 276 single family residential lots consistent with the approved East Cypress Corridor Specific Plan (ECCSP). The project area is the northern portion of Planning Area 1 as identified in Exhibit 5 of the ECCSP (also previously known as the Dal Porto Property North Property).
Vesting Tentative Map Subdivisions 9311, 9156, 9401, and 9404 are the four Vesting Tentative Maps entitled within ECCSP Planning Areas 1, 3, and 4 and all four properties are currently owned by one master developer, ACD-TI Oakley LLC. These four project areas are now currently named as the “Grand Cypress Preserve Project”.
On August 29, 2019, ACD-TI Oakley LLC, submitted a conformance letter to the City regarding the overall Grand Cypress Preserve Project. The submittal of the letter included a “Vesting Tentative Maps with Constraints” Exhibit and “Revised Land Plan with Constraints” Exhibit. On October 2, 2019, the City of Oakley Community Development Director replied with a letter stating that the presented Grand Cypress Preserve Conceptual Land Plan is consistent with the approved entitlements.
On July 22, 2021, the Public Works Department issued a grading permit to perform the grading activities required to construct the North Preserve Habitat Enhancement Plan improvements located within Parcel A of the Final Map for Subdivision 9311. This restoration project is now complete and ACD-TI Oakley, LLC has now requested approval by the City Council for the final map for the Subdivision to define the boundary of this restoration area (Parcel A), future regional levee segment (Parcel B), and for future residential parcels (Parcel C).
44 On December 5, 2022, East Contra Costa County Habitat Conservancy (ECCCHC) issued written approval, that confirms the created habitat is approved in conformance with the Mitigation Work Plan for the North Preserve. (Pursuant to Section 4.1 of the (Take Authorization Agreement) ECCCHC describes that the North Preserve Conservation Easement must occur no later than six (6) months following the full release of the construction security). As such, the Final Map for Subdivision 9311 is required, in order to create a legal parcel that will facilitate such a conservation easement for this area.
The recordation of this large lot Final Map for Subdivision 9311 subdivides the property in three parcels. A future final map will be recorded to further subdivide Parcel C into residential lots. Resolution 45-12 Condition of Approval 43, states that Final Maps may be phased for separate neighborhoods and on or off-site improvements may be phased as applicable to match the development allowed by each Final Map at the discretion of the City Engineer.
The City Engineer has determined that the creation of the three large lot parcels on this final map does not require the public improvements required for this development at this time. A future Subdivision Improvement Agreement will be executed at the recordation for the future final map, creating the residential parcels of Parcel C.
Regional infrastructure such as the segment of levee improvements and frontage improvements along Jersey Island Road, as required per conditions of approval of this tentative map, will be bonded upon the recordation of the future final map creating residential lots.
The City Engineer and City Surveyor have reviewed the tentative map approval documents and the final map, and have found the map to be technically correct, in substantial compliance with the conditionally approved tentative map, development agreement, and all final map conditions of approval have been met.
Consistency with the Oakley Strategic Plan 27+
Consistency with the Oakley Strategic Plan for Community and Economic Development Goals.
Fiscal Impact
There is no fiscal impact associated with this action.
Staff Recommendation
Staff recommends that the City Council adopt the Resolution authorizing the City Manager to approve the Final Map for Subdivision 9311.
Attachments
1) Vicinity Map
2) Resolution
3) Reduction of Subdivision 9311 Final Map
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46 Resolution No. XX-23 Page 1 of 2
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING THE FINAL MAP FOR SUBDIVISION 9311
WHEREAS, On February 13, 2012, KT KB Oakley, LLC filed an application for approval of a Vesting Tentative Map (Subdivision No. 9311). On May 8, 2012, the City Council of the City of Oakley approved Resolution 45-12 for Vesting Tentative Map Subdivision 9311 of approximately 334 acres into 276 single family residential lots consistent with the approved East Cypress Corridor Specific Plan (ECCSP). The project area is the northern portion of Planning Area 1 as identified in Exhibit 5 of the ECCSP (also previously known as the Dal Porto Property North Property); and, WHEREAS, the property is currently owned by ACD-TI Oakley LLC and they have requested for the recordation of the large lot Final Map Subdivision 9311 to create three parcels; and,
WHEREAS, On July 22, 2021, the Public Works Department issued a grading permit to perform the grading activities required to construct the North Preserve Habitat Enhancement Plan improvements located within Parcel A of Final Map Subdivision 9311. This restoration project is now complete and ACD-TI Oakley, LLC has now requested approval by the City Council for the final map for the Subdivision to define the boundary of this restoration area (Parcel A), future regional levee segment (Parcel B), and for future residential parcels (Parcel C).
WHEREAS, On December 5, 2022, East Contra Costa County Habitat Conservancy (ECCCHC) issued written approval, that confirms the created habitat is approved in conformance with the Mitigation Work Plan for the North Preserve. Pursuant to Section
4.1 of the Take Authorization Agreement, ECCCHC describes that the North Preserve Conservation Easement must occur no later than six (6) months following the full release of the construction security. As such, the Final Map for Subdivision 9311 is required in order to create a legal parcel that will facilitate such a conservation easement for this area.
WHEREAS, Resolution 45-12 Condition of Approval 43, states that Final Maps may be phased for separate neighborhoods and on or off-site improvements may be phased as applicable to match the development allowed by each Final Map at the discretion of the City Engineer. The City Engineer has determined that the creation of the three large lot parcels on this final map does not require the public improvements required for this development at this time. A future Subdivision Improvement Agreement will be executed at the recordation for the future final map creating the residential parcels of Parcel C.
Regional infrastructure such as the segment of levee improvements and frontage improvements along Jersey Island Road as required per conditions of approval of this tentative map will be bonded upon the recordation of the future final map creating residential lots; and
47 Resolution No. XX-23 Page 2 of 2
WHEREAS, the City Engineer has determined that the conditions of approval for the project have been satisfied; and
WHEREAS, the City Surveyor has determined that the final map attached hereon as Exhibit A is technically correct.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley that the final map labeled “Subdivision 9311”, as prepared by Bellecci & Associates Inc. be approved.
PASSED AND ADOPTED by the City Council of the City of Oakley this 28th day of February 2023 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
___________________
Aaron Meadows, Mayor
ATTEST:
_______________________ ___
Libby Vreonis, City Clerk Date
48 49
50 LINE TABLE LINE # L22 L23 L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 L41 DIRECTION N60°01'45"E N49°41'07"E N56°07'55"E N58°30'24"E N42°01'28"E N58°11'27"E N66°51'09"E N73°15'13"W N81°30'05"W N73°08'07"E N78°55'49"E N73°02'21"E N69°26'19"E N37°35'27"E N54°46'16"E N63°14'57"E N71°05'08"E N68°40'33"W N61°38'11"W N88°15'48"W LENGTH 38.41' 109.17' 127.89' 141.13' 47.77' 87.67' 37.90' 103.48' 108.13' 66.41' 92.44' 237.25' 119.09' 37.64' 54.51' 62.88' 77.79' 5.48' 55.66' 187.11' LINE TABLE LINE # L1L2L3L4L5L6L7L8L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 DIRECTION N50°36'17"E N63°37'48"E N41°22'50"E N56°54'30"E N74°05'17"E N35°55'12"E N41°26'56"E N35°24'47"W N54°35'13"E N35°24'47"W N54°35'13"E N68°11'06"E N59°33'44"E N85°41'31"W N79°27'35"W N81°51'23"E N81°51'56"W N63°45'37"W N87°02'01"W N71°50'36"E N66°56'25"E LENGTH 191.85' 47.92' 36.37' 41.73' 42.32' 78.60' 129.82' 10.00' 25.00' 10.00' 68.46' 108.29' 35.26' 35.66' 64.61' 22.27' 36.87' 31.01' 120.78' 27.76' 106.65' CURVE TABLE CURVE # C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 DELTA 34°22'39" 53°02'08" 30°12'25" 87°42'21" 29°15'57" 48°35'35" 8°21'16" 17°10'49" 19°54'07" 0°17'53" 5°53'48" RADIUS 290.00' 85.00' 383.00' 30.00' 100.00' 300.00' 300.00' 300.00' 300.00' 2043.00' 2357.00' LENGTH 174.00' 78.68' 201.92' 45.92' 51.08' 254.43' 43.74' 89.96' 104.21' 10.63' 242.57' 51 LINE TABLE LINE # L1L2L3L4L5L6L7L8L9 L10 L11 L12 L13 L14 L15 DIRECTION N50°36'17"E N63°37'48"E N41°22'50"E N56°54'30"E N74°05'17"E N35°55'12"E N41°26'56"E N35°24'47"W N54°35'13"E N35°24'47"W N54°35'13"E N68°11'06"E N59°33'44"E N85°41'31"W N79°27'35"W LENGTH 191.85' 47.92' 36.37' 41.73' 42.32' 78.60' 129.82' 10.00' 25.00' 10.00' 68.46' 108.29' 35.26' 35.66' 64.61' LINE TABLE LINE # L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 L41 L42 L43 L44 L45 L46 L47 L48 L49 DIRECTION N81°51'23"E N81°51'56"W N63°45'37"W N87°02'01"W N71°50'36"E N66°56'25"E N60°01'45"E N49°41'07"E N56°07'55"E N58°30'24"E N42°01'28"E N58°11'27"E N66°51'09"E N73°15'13"W N81°30'05"W N73°08'07"E N78°55'49"E N73°02'21"E N69°26'19"E N37°35'27"E N54°46'16"E N63°14'57"E N71°05'08"E N68°40'33"W N61°38'11"W N88°15'48"W N4°01'50"E N4°01'50"E N4°01'50"E N0°08'09"W N11°10'41"W N1°17'38"E N1°17'38"E N1°17'38"E LENGTH 22.27' 36.87' 31.01' 120.78' 27.76' 106.65' 38.41' 109.17' 127.89' 141.13' 47.77' 87.67' 37.90' 103.48' 108.13' 66.41' 92.44' 237.25' 119.09' 37.64' 54.51' 62.88' 77.79' 5.48' 55.66' 187.11' 111.80' 103.76' 215.56' 68.41' 22.07' 25.46' 9.57' 10.43' CURVE TABLE CURVE # C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 DELTA 34°22'39" 53°02'08" 30°12'25" 87°42'21" 29°15'57" 48°35'35" 8°21'16" 17°10'49" 19°54'07" 0°17'53" 5°53'48" RADIUS 290.00' 85.00' 383.00' 30.00' 100.00' 300.00' 300.00' 300.00' 300.00' 2043.00' 2357.00' LENGTH 174.00' 78.68' 201.92' 45.92' 51.08' 254.43' 43.74' 89.96' 104.21' 10.63' 242.57' 52 STAFF REPORT
Approved and Forwarded to the City Council
DATE: February 28, 2023
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Approval of Contract Amendment Number 2 with Park Engineering, Inc. for On-Call Consulting Services Related to Construction Management and Inspection Services for Fiscal Year 2022/23
Background and Analysis
The City of Oakley Community Development and Public Works Departments use the services of consultants in support of various department staff to provide timely services to the developers. This practice has been in use for many years and is an efficient and cost-effective way to provide service to private developers. This approach of providing services to developers gives the City the flexibility to call upon consultants for support services as needed, more timely and efficiently. The various consultants that are used are given contract limits. City staff monitors the expenditures as development projects are brought for processing and budgets are adjusted as service demands increase.
On September 28, 2021, an agreement was executed between the City of Oakley and Park Engineering, Inc. for on-call consulting services related to construction management and inspection services for private development projects. The contract was limited to a not to exceed amount of $200,000 per fiscal year. The amount of construction work on private development projects in Oakley has continued to steadily increase and staff has needed to increase the amount of work being performed by consultants to meet development project timelines.
On November 8, 2022, Amendment No. 1 was approved to increase the contract by requesting an increase of $150,000 to the contract amount for Fiscal Year (FY) 2022/23 to a total amount of $350,000. Several construction activities related to the construction of Building 3, Building 5, Bridgehead Frontage Improvements, and signal modification at Main and Bridgehead related to the Oakley Logistics Center project required several night work and overtime hours to complete the construction of these improvements. Staff is looking to increase the contract by another $150,000 to a not to exceed amount of $500,000 for FY 2022/23 to cover inspection services for the remainder of the year. Projects include various active development projects and inspections services for the East Cypress Road widening capital improvement project. 53 Consistency with the Oakley Strategic Plan 27+
Consistency with the Oakley Strategic Plan for community health and safety by ensuring inspections with various projects are maintained to preserve safety for all.
Contracting inspection services also maintains a sustainable organization from the demand of varying schedules of multiple projects.
Fiscal Impact
Approval of the resolution will increase the not to exceed contract amount by $150,000 for FY 2022/23 for a total amount of $500,000. Inspection support services is funded through the various private development projects and no General Fund expenditures will pay for these services.
Staff Recommendation
Staff recommends that the City Council adopt the resolution and approve Amendment No. 2 to the agreement with Park Engineering, Inc. and authorize the City Manager to execute the agreement.
Attachments
1) Resolution
2) Amendment No. 2
54 Resolution No. XX-23 Page 1 of 1
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING CONTRACT AMENDMENT NUMBER 2 TO THE ON-CALL AGREEMENT WITH PARK ENGINEERING, INC. FOR CONSULTING SERVICES FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES
WHEREAS, on September 28, 2021, the City executed an agreement with Park Engineering, Inc. for construction management and inspections services with the not to exceed amount of $200,000 per fiscal year; and
WHEREAS, on November 8, 2022, City Council approved an additional $150,000 be added to FY 2022/23 for a total amount of $350,000; and WHEREAS, after review of the expenditures to date for Fiscal Year (FY) 2022/23 and projecting costs for these services for the remaining months of the fiscal year with the various private development projects slated to start construction and inspection for the capital improvement project to widen East Cypress Road; staff has determined that the not to exceed amount of $350,000 is not sufficient to cover the necessary inspections for these projects; and
WHEREAS, staff is now looking to add an additional $150,000 to the FY 2022/23 contract for a total not to exceed amount of $500,000; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley that Contract Amendment Number 2 with Park Engineering, Inc. is hereby approved. A copy of Contract Amendment No. 2 is attached hereto as Exhibit A.
PASSED AND ADOPTED by the City Council of the City of Oakley this 28th day of February 2023 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
___________________
ATTEST: Aaron Meadows, Mayor
______ ________
Libby Vreonis, City Clerk Date
55 AMENDMENT NUMBER 2 TO THE AGREEMENT BETWEEN THE CITY OF OAKLEY AND PARK ENGINEERING, INC. FOR ON-CALL SERVICES RELATED TO PRIVATE DEVELOPMENT PROJECTS CONSTRUCTON MANAGEMENT AND INSPECTION SERVICES FOR FISCAL YEAR 2022/23 This Amendment is entered into by and between the CITY OF OAKLEY, a municipal corporation (hereinafter referred to as “City”), and PARK ENGINEERING, INC., a California Corporation (hereinafter referred to as “Contractor”), effective as of the 28th day of February 2023.
RECITALS
A. On SEPTEMBER 28, 2021, City and Consultant executed an Agreement for on-call consulting services related to private development project construction management and inspection services (hereinafter referred to as the “Agreement”) in the amount of $200,000 per fiscal year; and, B. On NOVEMBER 8, 2022, City and Consultant executed Amendment No. 1 Agreement for on-call consulting related to private development project construction management and inspection services (hereinafter referred to as the “Agreement”) in the amount of $150,000 for FY 2022/23; and, C. City and Consultant now desire that the following amendment be made to the Contractor’s services:
increase to the not-to-exceed contract amount from $350,000 for FY 2022/23 to $500,000 for FY 2022/23 to hereby be approved by the City Manager; and, D. Except as provided herein, all other terms and provisions of the Agreement shall remain in full force and effect.
AGREEMENT
IN WITNESS WHEREOF, the City of Oakley, a municipal corporation in the State of California, has authorized the execution of this Amendment in duplicate by its City Manager, Approved to as Form by the City Attorney and attested by its City Clerk as of the 28th day of February 2023, and the parties have caused this Amendment to be executed in duplicate.
City
City of Oakley, a municipal corporation
By:
Joshua McMurray, City Manager
ATTEST:
_______________________________________
Libby Vreonis, City Clerk
APPROVED AS TO FORM:
_______________________________________
Derek P. Cole, City Attorney
Consultant
Park Engineering, Inc., a California Corporation
By:
Jaemin Park, P.E., President/CEO
56 STAFF REPORT
Approved and Forwarded to the City Council
DATE: February 28, 2023
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Approval of Contract Amendment Number 1 with HMH Engineers, Inc. for On-Call Consulting Services Related to Development Engineering Support Services for Fiscal Year 2022/23
Background and Analysis
The City of Oakley Community Development and Public Works Departments use the services of consultants in support of various department staff to provide timely services to the developers. This practice has been in use for many years and is an efficient and cost-effective way to provide service to private developers. This approach of providing services to developers gives the City the flexibility to call upon consultants for support services as needed, more timely and efficiently. The various consultants that are used are given contract limits. City staff monitors the expenditures as development projects are brought for processing and budgets are adjusted as service demands increase.
On May 25, 2021, an agreement was executed between the City of Oakley and HMH Engineers, Inc. for on-call consulting services related to Development Engineering Support Services. The contract was limited to a not to exceed amount of $150,00 per fiscal year. Peer review of improvement plan design for private development projects has continued to increase such as improvements within the East Cypress Corridor Specific Plan area and staff has needed to increase the amount of work being performed by consultants for plan check services to meet development project timelines. As a result, staff is requesting an increase of $100,000 in the contract amount for Fiscal Year (FY) 2022/23 to a total amount of $250,000.
Consistency with the Oakley Strategic Plan 27+
Consistency with the Oakley Strategic Plan for community health and safety by ensuring inspections with various projects are maintained to preserve safety for all.
Contracting inspection services also maintains a sustainable organization from the demand of varying schedules of multiple projects.
Fiscal Impact
Approval of the resolution will increase the not-to-exceed contract amount by $100,000 for FY 2022/23 for a total amount of $250,000. Private development projects will 57 continue to fully fund the engineering support services on and as needed basis, and no General Fund expenditures will pay for these services.
Staff Recommendation
Staff recommends that the City Council adopt the resolution approving Amendment No. 1 to the On-Call services agreement with HMH Engineers, Inc. and authorize the City Manager to execute the agreement.
Attachments
1) Resolution
2) Amendment No. 1
58 Resolution No. XX-23 Page 1 of 1
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING CONTRACT AMENDMENT NUMBER 1 TO THE AGREEMENT WITH HMH
ENGINEERS, INC. FOR ON-CALL ENGINEERING SUPPORT SERVICES RELATED
TO PRIVATE DEVELOPMENT PROJECTS
WHEREAS, on May 25, 2021, the City executed an agreement with HMH Engineers, Inc. for Engineering Support Services related to private development projects with a not to exceed amount of $150,000 per fiscal year; and
WHEREAS, after review of the expenditures to date for Fiscal Year (FY) 2022/23 and projecting costs for these services for the remaining months of the fiscal year with the various private development projects slated to start construction; staff has determined that the original not to exceed amount of $150,000 is not sufficient to cover the necessary support services for these projects; and
WHEREAS, staff is requesting an additional $100,000 be added to FY 2022/23 budget, for a total amount of $250,000; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley that Contract Amendment Number 1 with HMH Engineers, Inc. is hereby approved. A copy of the Contract Amendment is attached hereto as Exhibit A.
PASSED AND ADOPTED by the City Council of the City of Oakley this 28th day of February 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
___________________
ATTEST: Aaron Meadows, Mayor
______ ________
Libby Vreonis, City Clerk Date
59 AMENDMENT NUMBER 1 TO THE AGREEMENT BETWEEN THE CITY OF OAKLEY AND HMH ENGINEERS, INC. FOR ON-CALL SERVICES RELATED TO DEVELOPMENT ENGINEERING SUPPORT SERVICES FOR PRIVATE DEVELOPMENT PRJOJECTS FOR FISCAL YEAR 2022/23 This Amendment is entered into by and between the CITY OF OAKLEY, a municipal corporation (hereinafter referred to as “City”), and HMH ENGINEERS, INC., a California Corporation (hereinafter referred to as “Contractor”), effective as of the 28TH day of February 2023.
RECITALS
A. On MAY 25, 2021, City and Consultant executed an Agreement for on-call consulting services related to private development project Engineering Support Services (hereinafter referred to as the “Agreement”) in the amount of $150,000 per fiscal year; and, B. City and Consultant now desire that the following amendment be made to the Consultant services for FY 2022/2023: increase of $100,000 to the not-to-exceed contract amount from $150,000 per fiscal year to $250,000 for Fiscal Year 2022/23 to hereby be approved by the City Manager; and,
C. Except as provided herein, all other terms and provisions of the Agreement shall remain in full force and effect.
AGREEMENT
IN WITNESS WHEREOF, the City of Oakley, a municipal corporation in the State of California, has authorized the execution of this Amendment in duplicate by its City Manager, Approved to as Form by the City Attorney and attested by its City Clerk as of the 28th day of February 2023, and the parties have caused this Amendment to be executed in duplicate.
City
City of Oakley, a municipal corporation
By:
Joshua McMurray, City Manager
ATTEST:
_______________________________________
Libby Vreonis, City Clerk
APPROVED AS TO FORM:
_______________________________________
Derek P. Cole, City Attorney
Consultant
HMH Engineers, Inc., a California Corporation
By:
David Wilson, President
60 STAFF REPORT
Approved and Forwarded to the City Council
DATE: February 28, 2023
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Approval of Contract Amendment Number 1 with BSK Associates for On-Call Consulting Services Related to Materials Testing and Inspection of Private Development Projects for Fiscal Year 2022/23 Background and Analysis
The City of Oakley Community Development and Public Works Department use the services of consultants in support of various department staff to provide timely services to the developers. This practice has been in use for many years and is an efficient and cost-effective way to provide service to private developers. This approach of providing services to developers gives the City the flexibility to call upon consultants for support services as needed, and more timely and efficiently. The various consultants that are utilized are given contract limits. City staff monitors the expenditures as development projects are brought for processing and budgets are adjusted as service demands increase.
On April 14, 2020, an agreement was executed between the City of Oakley and BSK Associates for an On-Call consulting services agreement related to Materials Testing and Inspection of Private Development Projects. The contract was limited to a not-toexceed amount of $75,000 per fiscal year.
The amount of private development construction work in Oakley has continued to increase substantially over the past several months; especially for the Contra Costa Logistics Center, various subdivision improvements, levee improvements withing the East Cypress Corridor Specific Plan and along the East Cypress Road corridor. Staff has needed to increase the amount of work being performed by consultants in order to meet the development project service needs. As a result, staff is requesting an increase of $75,000 to the contract amount for BSK Associates for FY 2022/23.
Consistency with the Oakley Strategic Plan 27+
Consistency with the Oakley Strategic Plan for community health and safety by ensuring inspections with various projects are maintained to preserve safety for all. 61 Contracting inspection services also maintains a sustainable organization from the demand of varying schedules of multiple projects.
Fiscal Impact
Approval of the resolution will increase the not-to-exceed contract amount by $75,000 to a not to exceed amount of $150,000 for FY 2022/23. Private Development projects will fund the services on an as needed basis and will be fully paying all costs associated with the consultant services. There will not be any City General Funds used in this contract.
Staff Recommendation
Staff recommends that the City Council adopt the resolution amending the agreement with BSK Associates and authorize the City Manager to execute the agreement.
Attachments
1. Resolution
2. Amendment No. 1
62 Resolution No. XX-23 Page 1 of 1
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING CONTRACT AMENDMENT # 1 TO THE AGREEMENT WITH BSK ASSOCIATES
FOR CONSULTING SERVICES RELATED TO MATERIALS TESTING AND
INSPECTION SERVICES FOR PRIVATE DEVELOPMENT PROJECTS FOR FISCAL YEAR 2022/23
WHEREAS, on April 14, 2020 the City executed an agreement with BSK Associates for Material Testing and Inspection Services for Private Development Projects with the notto-exceed amount of $75,000 for each fiscal year (FY); and WHEREAS, after review of the expenditures to date for FY 2022/23 and projecting costs for these services through the end of this fiscal year, Staff determined that the original contract amount of $75,000 is not sufficient to provide consulting services for the remainder of FY 2022/23.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley that Contract Amendment # 1 in the amount of $75,000 for FY 2022/23 with BSK Associates is hereby approved. A copy of the Contract Amendment is attached hereto as Exhibit A.
PASSED AND ADOPTED by the City Council of the City of Oakley this 28th day of February 2023 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
___________________
Aaron Meadows, Mayor
ATTEST:
_______________________ __
Libby Vreonis, City Clerk Date
63 AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF OAKLEY AND BSK ASSOCIATES RELATED TO THE ON-CALL CONSULTING SERVICES FOR FISCAL YEAR 2022/23 RELATED TO
MATERIALS TESTING AND INSPECTION SERVICES
This Amendment is entered into by and between the City of Oakley, a municipal corporation (hereinafter referred to as “City”), and BSK Associates, a California Corporation (hereinafter referred to as “Contractor”), effective as of the 28th day of February, 2023.
RECITALS
A. On April 14, 2020, City and Consultant executed an Agreement for on-call consulting services related to Materials Testing and Inspection services (hereinafter referred to as the “Agreement”); and,
B. City and Consultant now desire that the following amendment be made to the Consultant services for FY 2022/23: a $75,000 increase to the not to exceed contract amount from $75,000 to $150,000 for FY 2022/23; and,
C. Except as provided herein, all other terms and provisions of the Agreement shall remain in full force and effect.
AGREEMENT
IN WITNESS WHEREOF, the City of Oakley, a municipal corporation in the State of California, has authorized the execution of this Amendment in duplicate by its City Manager, Approved to as Form by the City Attorney and attested by its City Clerk as of the 28th day of February 2023, and the parties have caused this Amendment to be executed in duplicate
City
City of Oakley, a municipal corporation
By:
Joshua McMurray, City Manager
ATTEST:
_______________________________________
Libby Vreonis, City Clerk
Consultant
BSK Associates, a California Corporation
By:
Cristiano Melo, Project Manager
APPROVED AS TO FORM:
_______________________________________
Derek P. Cole, City Attorney
64 STAFF REPORT
Approved and Forwarded to the City Council
DATE: February 28, 2023
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Approval of Contract Amendment # 1 with F. J. Kennedy and Associates, Inc. for On-Call Consulting Services Related to the Clean Water Program Services for Fiscal Year 2022/23
Background and Analysis
The City of Oakley Community Development and Public Works Departments use the services of consultants in support of various department staff to provide timely services to the developers. This practice has been in use for many years and is an efficient and cost-effective way to provide service to private developers. This approach of providing services to developers gives the City the flexibility to call upon consultants for support services as needed, more timely and efficiently. The various consultants that are used are given contract limits. City staff monitors the expenditures as development projects are brought for processing and budgets are adjusted as service demands increase.
An agreement was executed between the City of Oakley and F. J. Kennedy and Associates, Inc. for an on-call consulting services agreement related to the Clean Water Program services. The contract was limited to a not-to-exceed amount of $50,000 for each fiscal year.
However, the amount of private development plan check for storm water control plans, construction support for storm water pollution prevention, and assistance with the Clean Water Program services has continued to increase substantially over the past several months, especially with monitoring various sites and constructed storm water facilities during several heavy storm event this winter, and for compliance with the City’s Clean Water Permit. Staff has needed to increase the amount of work being performed by consultants in order to meet development project service needs. As a result, staff is requesting an additional increase of $50,000 to the original contract amount, for a total of $100,000 for F. J. Kennedy and Associates, Inc. for FY 2022/23.
Consistency with the Oakley Strategic Plan 27+
Consistency with the Oakley Strategic Plan for community health and safety by ensuring inspections with various projects are maintained to preserve safety for all. 65 Contracting inspection services also maintains a sustainable organization from the demand of varying schedules of multiple projects.
Fiscal Impact
Approval of the resolution will increase the not-to-exceed contract amount by $50,000 to $100,000 for FY 2022/23. The private developers will be fully paying all costs associated with the consultant services, and there will not be any City General Funds used in this contract.
Staff Recommendation
Staff recommends that the City Council adopt the resolution amending the original agreement and approving Amendment No. 1 for FY 2022/23 with F. J. Kennedy and Associates, Inc. and authorizing the City Manager to execute the agreement.
Attachments
1. Resolution
2. Amendment No. 1
66 Resolution No. XX-23 Page 1 of 1
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING CONTRACT AMENDMENT NUMBER 1 TO THE AGREEMENT WITH F. J. KENNEDY AND ASSOCIATES, INC. FOR CONSULTING SERVICES RELATED TO THE CLEAN WATER PROGRAM SERVICES FOR THE REMAINDER OF FISCAL YEAR 2022/23 WHEREAS, on May 26, 2020, the City executed an agreement with F. J. Kennedy and Associates for Clean Water Program Services with the not to exceed amount of $50,000 for each fiscal year; and
WHEREAS, after review of the expenditures to date for FY 2022/23 and projecting costs for these services through the end of this fiscal year, Staff determined that that original contract amount of $50,000 is not sufficient to provide consulting services for the remainder of FY 2022/23; and
WHEREAS, Staff has determined that an additional budget allocation of $50,000 is needed to provide the necessary consulting services for the remainder of FY 2022/23.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley that Contract Amendment No. 1 with F.J. Kennedy and Associates, Inc. and the requested $50,000 budget amendment increase, for a new contract amount of $100,000 for the remainder of FY 2022/23 are hereby approved. A copy of the Contract Amendment is attached hereto as Exhibit A.
PASSED AND ADOPTED by the City Council of the City of Oakley this 28th day of February 2023 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
___________________
Aaron Meadows, Mayor
ATTEST:
_______________________
Libby Vreonis, City Clerk Date
67 AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF OAKLEY AND F. J. KENNEDY AND ASSOCIATES, INC. RELATED TO THE ON-CALL CONSULTING SERVICES FOR FISCAL YEAR 2022/23 RELATED TO THE CLEAN WATER PROGRAM AND CITY SURVEYOR SERVICES This Amendment is entered into by and between the City of Oakley, a municipal corporation (hereinafter referred to as “City”), and F. J. Kennedy and Associates, Inc., a California Corporation (hereinafter referred to as “Contractor”), effective as of the 28th day of February 2023.
RECITALS
A. On May 26, 2020, City and Consultant executed an Agreement for on-call consulting services related to the Clean Water Program and City Surveyor services (hereinafter referred to as the “Agreement”); and,
B. City and Consultant now desire that the following additional amendment be made to the Consultant services: increase to the not-to-exceed contract amount from $50,000 to $100,000 for FY 2022/23; and,
C. Except as provided herein, all other terms and provisions of the Agreement shall remain in full force and effect.
AGREEMENT
IN WITNESS WHEREOF, the City of Oakley, a municipal corporation in the State of California, has authorized the execution of this Amendment in duplicate by its City Manager, Approved to as Form by the City Attorney and attested by its City Clerk as of the 28th day of February 2023, and the parties have caused this Amendment to be executed in duplicate
City
City of Oakley, a municipal corporation
By:
Joshua McMurray, City Manager
ATTEST:
_______________________________________
Libby Vreonis, City Clerk
Consultant
F. J. Kennedy and Associates, Inc., a California
Corporation
By:
Frank J. Kennedy, President
APPROVED AS TO FORM:
_______________________________________
Derek P. Cole, City Attorney
68 STAFF REPORT
Approved and Forwarded to the City Council
DATE: February 28, 2023
TO: Joshua McMurray, City Manager
FROM: Derek P. Cole, City Attorney
SUBJECT: Adopt A Resolution Terminating the Declaration of an Emergency Affecting the Public Health and Safety Due to the Novel Coronavirus (COVID-19) Pandemic
Background and Analysis
When the COVID-19 pandemic began, the State of California and County of Contra Costa declared public-health emergencies. The City Council followed suit, declaring its own emergency on March 17, 2020 (Resolution 24-20). The Council extended this declaration in June 2021 (Resolution 71-21).
In October 2022, the Governor declared that the State’s declaration of emergency would terminate on February 28, 2023. On February 7, 2023, the Contra Costa County Board of Supervisors declared that the County declaration would terminate on the same date.
Because the State and County emergency declarations will terminate on February 28, 2023, the City Council is requested to terminate the City’s declaration of emergency.
The conditions giving rise to that emergency have abated such that continuance of the declaration is no longer necessary. At this time, there is no further need for the City to invoke any of the emergency powers state law authorizes.
Recommendation
The City Council is requested to adopt the Resolution Terminating the Declaration of an Emergency Affecting the Public Health and Safety Due to the Novel Coronavirus (COVID-19) Pandemic.
Attachments
1. Resolution
69 Resolution No. XX-23 Page 1 of 2
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY TERMINATING
THE DECLARATION OF AN EMERGENCY AFFECTING THE PUBLIC HEALTH AND SAFETY DUE TO THE NOVEL CORONAVIRUS (COVID-19) PANDEMIC WHEREAS, California Government Code Section 8630 empowers the City Council to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity; and WHEREAS, in early 2019, public health officials detected novel coronavirus COVID-19 ("COVID- 19"), an infectious disease to which there is no known natural immunity, in numerous countries and the Center for Disease Control determined COVID-19 presents a serious and imminent threat; and
WHEREAS, on March 4, 2020, the Governor of California proclaimed a state of emergency to exist in California because of the threat of COVID-19; and, on March 10, 2020, Contra Costa County proclaimed the existence of a local emergency caused by the introduction of COVID-19 and its contribution to the shortage of essential health care supplies; and
WHEREAS, on March 16, 2020, the Health Officer of the County of Contra Costa issued an order to address the COVID-19 public-health crisis; and WHEREAS, on March 17, 2020 by Resolution 24-20, the Oakley City Council declared the existence of an emergency within the City of Oakley caused by COVID-19, and WHEREAS, on June 8, 2021 by Resolution 71-21, the Oakley City Council extended the declaration of the COVID-19 emergency; and
WHEREAS, on October 17, 2022, the Governor of the State of California declared that California’s declaration of emergency concerning COVID-19 when terminate on February 28, 2023; and
WHEREAS, on February 7, 2022, the Board of Supervisors of the County of Contra Costa approved an action to terminate its declaration of emergency effective February 28, 2023; and
WHEREAS, because of the termination of the State- and County-declared emergencies, the City Council of the City of Oakley determines it is necessary to terminate the Citydeclared emergency effective February 28, 2023; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Oakley hereby terminates the declaration of emergency concerning the COVID-19 pandemic, 70 Resolution No. XX-23 Page 2 of 2
BE IT FURTHER RESOLVED, the adoption of this Resolution rescinds and revokes the emergency authority and powers granted to the City by Resolutions 24-20 and 71-21.
PASSED AND ADOPTED by the City Council of the City of Oakley this 28th day of February, 2023 by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
___________________
Aaron Meadows, Mayor
ATTEST:
____________________ __________________
Libby Vreonis, City Clerk Date
71 STAFF REPORT
Approved and Forwarded to the City Council
DATE: February 28, 2023
TO: Joshua McMurray, City Manager
FROM: Brent Smith, Community Development Director
SUBJECT: Appoint 2 Members to the Planning Commission and Change Planning Commissioner Leonard Price’s Initial 2-Year Appointment to 4-Years.
Background and Recommendation
At the July 13, 2021, City Council Meeting, the City Council adopted Ordinance No. 06-21, which amended and updated the Municipal Code establishing the 5 Member Planning Commission. On October 12, 2021, the City Council conducted interviews, and the City Council ranked the applicants and selected 5 members to serve on the Planning Commission. One member of the Planning Commission resigned from their 4-year appointment on January 5, 2022, and at the January 25, 2022, City Council Meeting, the City Council directed Staff to change the initial term limits for Planning Commissioner Shannon Shaw from 2-years to 4-years. At the February 8, 2022 City Council Meeting, the City Council directed Staff to readvertise for the one open Planning Commission seat and on March 8, 2022, the City Council appointed Hugh Henderson to a 2-year term.
On May 3, 2022, the Planning Commission held its first meeting. On December 2, 2022, the Contra Costa County Recorder Certified Election Results from the November 8, 2022, Election, and with that Planning Commissioners Shannon Shaw and Hugh Henderson were elected to the City Council by their respective districts. This development created 2 openings, one 2-year term, and one 4-year term on the Planning Commission that need to be filled to have a 5 Member Commission.
Staff solicited applications during the period of January 5, 2023, to January 27, 2023.
A total of 9 applications were received and 2 applicants notified the Community Development Director they were unable to attend the interviews. At the February 14, 2023, City Council Meeting, the City Council directed Staff to bring back a Resolution changing Planning Commissioner Leonard Price’s initial 2-year appointment to 4- years.
72 Planning Commission Appointments
February 28, 2023
At that same City Council Meeting, the City Council interviewed 7 Applicants and ranked them utilizing the Forced Ranking System, and Staff assigned a number value to each placing. For example, 1 point for first place, 2 points for second place, 3 points for third place, 4 points for fourth place, 5 points for fifth place, 6 points for sixth place, and 7 points for seventh place. The applicants with the two lowest point totals were the applicants determined to finish in first and second place. Jeanne Krieg had a total of 8 points and Jimmy Ramirez had a total of 15 points. Two applicants were tied for third place with 19 points each.
Consistency with the Oakley Strategic Plan 27+
This agenda item is consistent with the Strategic Plan 27+’s Community and Collaborative Partnerships Goal, and specifically supports the Sub-Goal of Community Outreach and Engagement by increasing our communication and engaging our residents.
Recommendation
Staff recommends the attached Resolution be approved, which formally appoints the Planning Commissioners to their designated terms:
Jeanne Krieg – 2-year term
Jimmy Ramirez – 2-year term
Leonard Price – 4-year term
Attachments
1. Resolution No. 14-23
2. Draft Resolution
73 74
75 RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
APPOINTING TWO MEMBERS TO THE OAKLEY PLANNING COMMISSION WHEREAS, on July 13, 2021, the City Council of the City of Oakley adopted Ordinance No. 06-21, which amended provisions of Chapters 3 and 4 of Title 2 of the Oakley Municipal Code concerning the Oakley Planning Commission; and WHEREAS, the City solicited applicants for the Planning Commission through a formal application process. The period ran from August 13, 2021 to September 10, 2021. The City received a total of 13 applications; and WHEREAS, on October 12, 2021, the City Council conducted interviews for the Planning Commission; and
WHEREAS, on October 12, 2021, the City Council ranked the applicants and selected 5 members to serve on the Planning Commission; and WHEREAS, after the 5 members were appointed, Planning Commissioner Edward J. Cire resigned from the Planning Commission on January 5, 2022. City Staff sought direction from the City Council at their January 25, 2022 City Council meeting; and
WHEREAS, that direction was to bring back a Resolution that would formally appoint the sixth-place applicant to the Planning Commission and to also change the initial term limits for Planning Commissioner Shannon Shaw from 2- years to 4-years; and
WHEREAS, at the February 8, 2022 City Council meeting, the City Council directed City Staff to re-advertise for the open Planning Commission seat and to bring that back to the City Council at the March 8, 2022 meeting. The City Council also gave direction to change the initial term limits for Planning Commissioner Shannon Shaw from 2-years to 4-years; and
WHEREAS, the City solicited applicants for the Planning Commission through a formal application process. The period ran from February 14, 2022 to February 25, 2022. The City received a total of 2 applications; and 76 WHEREAS, on March 8, 2022, the City Council ranked the applicants and selected 1 member, Hugh Henderson, to serve on the Planning Commission; and WHEREAS, on December 2, 2022, the Contra Costa County Recorder certified the Election Results from November 8, 2022, confirming Planning Commissioners Shannon Shaw, and Hugh Henderson were elected to the City Council and resigned from the Planning Commission; and
WHEREAS, after the 2 members resigned from the Planning Commission, City Staff sought direction from the City Council at their December 13, 2022 City Council meeting; and
WHEREAS, that direction was to re-advertise for the two open Planning Commission seats and to bring back to the City Council at the February 14, 2023 meeting, applicants to be interviewed by the City Council; and WHEREAS, the City solicited applicants for the Planning Commission through a formal application process. The period ran from January 5, 2023, to January 27, 2023. The City received a total of 9 applications; and WHEREAS, the City received notification from 2 of the applicants that they would not be able to participate in the interview process; and WHEREAS, on February 14, 2023, the City Council directed staff to bring back a Resolution that would change the initial term limits for Planning Commissioner Leonard Price from 2-years to 4-years; and WHEREAS, on February 14, 2023, the City Council conducted interviews for the Planning Commission and ranked the 7 applicants by utilizing the Forced Ranking System; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby appoints the following individuals, with the following terms, to the Planning Commission of the City of Oakley:
Jeanne Krieg – 2-year term
Jimmy Ramirez – 2-year term
Leonard Price – 4-year term
77 AND, BE IT FURTHER RESOLVED, that the City Council of Oakley hereby authorizes City Staff to provide the above-appointed individuals instruction, training materials and assistance prior to the beginning of their term.
AND, BE IT FURTHER RESOLVED, this resolution supersedes Resolution No. 14-23 adopted by the City Council at its meeting on February 14, 2023.
The foregoing resolution was introduced at a regular meeting of the Oakley City held on the 28th day of February, 2023 by Councilmember _________________, who moved its adoption, which motion being duly seconded by Councilmember _______________, was upon voice vote carried and the resolution adopted by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
_____________________________
Aaron Meadows, Mayor Date
ATTEST:
Libby Vreonis, City Clerk
78 STAFF REPORT
Approved and Forwarded to the City Council
DATE: February 28, 2023
TO: Joshua McMurray, City Manager
FROM: Tim Przybyla, Finance Director
SUBJECT: Resolution Approving City of Oakley Fiscal Year 2022/2023 Mid-Year Budget Review and Adopting its Recommendations for Revising the Fiscal Year 2022/2023 Operating and Capital Budgets
Background and Analysis
City Policy requires the City Manager to make a mid-year budget report to the City Council in February of each year. The process provides an opportunity to review the status of the Budget at mid-year and to make adjustments to the City’s planned operations and budget. This year’s report is attached and includes a State of the Budget summary and summary of recommendations, detailed assessments of both operating and capital budgets, and a schedule showing the recommended mid-year budget adjustments for each fund.
Consistency with the Oakley Strategic Plan 27+
This agenda item is consistent with the Strategic Plan 27+ goal for the City of Oakley to leverage its financial resources for the long-term benefit of our residents and businesses while maintaining sufficient reserves to provide stability and ensure a successful future. It is also consistent with the Finance and Fiscal Responsibility Objective to develop [and maintain] a financial strategy and reporting policy.
Fiscal Impact
For a detailed listing of all staff recommended changes and fiscal impacts to the budget, refer to the Mid-Year Budget Review and other attachments to this report.
Staff Recommendation
Staff recommends the City Council adopt the resolution approving the City of Oakley Fiscal Year 2022/2023 Mid-Year Budget Review and adopting its recommendations for revising the Fiscal Year 2022/2023 Operating and Capital Budgets.
Attachments
1. Mid-Year Budget Review
2. Fund Summaries (All Funds)
3. Resolution
4. Budget Transfer Form
79 Mid-Year Budget Review
Fiscal Year 2022/2023
Contents:
State of the Budget
No Proposed Appropriations of Fund Balance
Discussion of Capital Budgets
Summary of Recommendations
Looking Forward
Staff Recommended Budget and Reserve Policy
Adjustments
Presented to the City Council on February 28, 2023
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State of the Budget
The Mid-Year Budget Review begins with the good news that at the six-month mark (December 31, 2022) General Fund revenues are just above 50% and expenditures are below 50% of the annual budget. Property Tax revenues reflect the 16.4% increase in assessed property values that the market experienced from Fiscal Year 2021/2022 to Fiscal Year 2022/2023. New housing development has slowed considerably during the current fiscal year, due primarily to rising interest rates. However, the City of Oakley recognizes development fee revenues received during the final quarter of each fiscal year in the subsequent fiscal year, to match revenues with the period in which the services are provided. Therefore, approximately $970,000 of development fees from permits that were collected in Fiscal Year 2021/2022 were recorded as revenue for Fiscal Year 2022/2023.
Development Fee revenues are still projected to come in about $605,000 less than budget but will be more than offset with higher than anticipated Property Tax and Property Tax In-Lieu of VLF revenues after an unprecedented 16.4% increase in assessed property values. Interfund Charges for Police are expected to come in roughly $51,000 lower than budgeted. Total annual General Fund revenues are now estimated to be slightly higher than the current budget figures.
The number of single-family dwelling (SFD) building permits being issued this fiscal year have decreased considerably, compared to Fiscal Year 2021/2022. Last fiscal year, 177 SFD building permits had been issued through January 2022 and a total of 292 were issued by the end of June 2022. This fiscal year, 92 SFD permits have been issued through January 2023. In addition, two multi-family apartment projects have been on the horizon. One of those projects is now complete and residents have been moving in. That project is the Twin Oaks Senior Mixed-Use Residence where 129 senior apartments are age-restricted and income-restricted, for residents of 62 years and older. The other multi-family project is currently under construction on Elm Lane, where a total of 170 units will be constructed, 16 of which will be deed-restricted and made affordable to low-income families. The Elm Lane project is striving to have units ready for occupancy in the summer of 2023.
The local economy has continued to be relatively stable with employment and business activity showing some signs of growth over the recent challenging years. The Contra Costa Logistics Center has now leased 100% of the park, which includes all five buildings. The final two buildings (Building 3 & 5) were constructed in 2022, and have gained additional tenants such as Amazon, Enchant Christmas, and Lowe’s Home Improvements. The first three buildings 81
have been occupied by Amazon, Pac Pride Distribution, Inc., and Paramount Global, Inc. Pet Food Express occupies a portion of Building #2 at 4100 Wilbur Avenue. The development as a whole is expected to bring more than 1,000 fulltime jobs and 200 part-time jobs to the City, as well as spark investment and development on nearby properties along Main Street and Bridgehead Road.
Total Sales Tax revenues have remained strong, and we are now anticipating $400,000 more than budget, which is in line with actual Fiscal Year 2021/2022 revenues received. Sales Tax revenues were influenced by inflationary improvements that materialized in various industries including high prices at the pumps for services stations and rising menu prices at restaurants. Online sales helped to boost the countywide pool receipts.
This report contains proposals to: increase some and decrease some recurring and one-time revenue estimates, increase and decrease a number of expenditure budgets, and increase some appropriations within capital projects. The City’s practice of budgeting conservatively and living within our means remains effective at ensuring that we maintain good fiscal health, and the recommended changes in this Mid-Year Budget Review remain true to these practices.
However, staff is now suggesting that the City recognize that, in spite of the COVID-19 Pandemic, we are still in a position with more money at our discretion than ever before. However, we are no longer experiencing the wave of housing growth that we had seen during the past few fiscal year, we are past-due for an economic downturn, and the decisions that we make at this time and during our preparation of the Fiscal Year 2023/2024 Budget will have a significant impact on the future of the City of Oakley. It is important for us to maintain expectations, use one-time revenues and surplus Fund Balance for one-time projects, and continue to set aside higher reserves to help soften the blow as we find ourselves amid a downturn in the housing market and face the potential for an economic recession.
The General Fund
In accordance with the City’s Financial Policies, the original current year budget was conservative when adopted. The Policies also call for one-time, nonoperating expenditures to be funded from one-time revenues or the Undesignated Fund Balance. The current year budget was adopted with approximately $8,080,000 appropriated for transfers out of the General Fund, with $5,710,000 considered one-time. These transfers were budgeted for in recognition that higher than anticipated balances in the Undesignated Fund Balance were available to be expended on one-time uses and they included 82
$5,000,000 for the Downtown Gateway Roadway and Parking Project, $450,000 for a City Hall Remodel Project and $260,000 for other General Capital Project expenditures.
The General Fund Summary of Mid-Year Budget Adjustments (on page 5 of this report) includes increasing revenue projections for Property Tax (by $300,000), Property Tax in Lieu of VLF (by $540,930), and Sales Tax (by $400,000). Staff also recommends reducing Property Transfer Tax projections (by $200,000) and reducing various Development Fee revenue projections (by a total of $605,000).
An increase of $100,000 to Interfund Charges - Contractors and a $50,930 decrease to Interfund Charges – Police are also recommended. The impact of the proposed revenue adjustments is a $110,000 net increase to estimated General Fund revenue.
Staff has also identified the need for increased appropriations to complete certain projects and finish the fiscal year without exceeding authorized expenditures. No increases to operational expenditure projections are being requested within the General Fund. In fact, $1,110,000 of decreased operational expenditure projections are being recommended for the General Fund. Those decreases are:
$700,000 to Police Salaries and Benefits, $200,000 to Dispatch Services in PD, $175,000 to Contracted Services in Building Permits, and $35,000 to Planning Commission Meetings in Planning. However, there are $2.3 million of proposed increases for one-time, non-operational expenditures for capital projects, with $2.2 million for an amendment to CIP 247 for dirt-hauling and $100,000 to complete CIP 228 - City Hall Generator Project.
The summary of the Mid-Year Review, on the following page, summarizes the estimated General Fund revenue and expenditures for Fiscal Year 2022/2023 along with the proposed adjustments and comparative information for three prior fiscal years.
83
Category Actuals Actuals Actuals Actuals Budget Mid-Year Actuals Estimated
Year End
Mid-Year Budget
Adjustment
FY 2018/2019 FY 2019/2020 FY 2020/2021 FY 2021/2022 FY 2022/2023 FY 2022/2023 FY 2022/2023 FY 2022/2023 Revenue
Property Tax $ 6,914,809 $ 7,459,885 $ 8,049,872 $ 8,820,565 $ 8,849,000 $ 4,957,271 9,489,930 $ 640,930 Sales Tax 2,040,960 2,183,052 2,485,023 3,245,824 2,800,000 1,028,776 3,200,000 400,000 Franchise Taxes 1,773,997 1,893,514 2,043,872 2,285,074 2,162,000 528,712 2,162,000 - Business License 159,586 148,066 190,154 189,699 155,000 69,577 155,000 - Transient Occupancy Tax 269,504 233,458 240,477 261,273 230,000 93,781 230,000 - Total Taxes $ 11,158,857 $ 11,917,975 $ 13,009,398 $ 14,802,435 $ 14,196,000 $ 6,678,117 $ 15,236,930 $ 1,040,930 Interfund Charges 7,884,541 8,530,263 8,350,135 9,544,106 10,638,108 5,901,239 10,687,178 49,070 Developer Fees 1,136,120 1,530,826 3,209,937 3,299,501 3,188,500 1,970,699 2,583,500 (605,000) Intergovernmental Revenue 134,949 196,314 231,002 754,032 412,600 16,250 412,600 - Intergovernmental-CARES - 524,272 - - - -
Other Revenue 1,188,980 1,538,468 2,342,082 646,218 541,900 325,562 466,900 (75,000) Other Financing Sources 442,862 515,606 175,557 (563,828) 300,000 (49,050) - (300,000) Total Revenue $ 21,946,310 $ 24,229,451 $ 27,842,383 $ 28,482,464 $ 29,277,108 $ 14,842,817 $ 29,387,108 $ 110,000 Expenditures
Animal Control $ 251,726 $ 266,521 $ 273,295 $ 288,310 $ 341,874 $ 170,936 $ 341,874 - City Council 66,165 63,167 62,620 138,174 125,732 27,615 125,732 - City Clerk 352,239 345,831 375,251 379,030 519,501 243,369 519,501 - City Attorney 331,730 293,448 314,944 358,280 458,281 180,149 458,281 - City Manager 538,414 585,531 585,769 621,906 780,263 281,386 780,263 - Community Outreach 122,630 123,538 155,044 181,685 - - - - Finance 722,616 832,204 807,783 800,899 975,488 465,378 975,488 - Human Resources 229,900 276,394 386,264 693,434 733,577 300,200 733,577 - Building Maintenance 77,994 105,777 111,207 272,176 569,600 231,801 569,600 - Information Technology 300,699 293,120 297,023 485,445 342,906 106,053 342,906 - Non Departmental (281,951) 816,980 568,754 (568,594) (80,382) 390,237 (80,382) - Economic Development 269,248 259,040 186,705 196,444 270,735 122,844 270,735 - Building & Code Enforcement 1,026,473 1,052,987 1,125,697 1,210,923 1,482,790 553,193 1,307,790 (175,000) Police 9,782,881 9,796,066 9,751,044 10,590,530 13,716,479 5,375,044 12,816,479 (900,000) Planning 478,739 638,980 686,134 655,757 1,119,668 378,605 1,084,668 (35,000) Public Works 2,836,525 2,520,069 2,721,893 3,671,457 4,251,162 1,974,144 4,251,162 - Recreation 692,661 659,390 590,125 719,116 1,004,184 459,436 1,004,184 - Transfers Out 3,594,073 3,356,000 2,609,222 5,621,000 8,080,000 1,540,000 10,380,000 2,300,000 Total Expenditures $ 21,392,761 $ 22,285,043 $ 21,608,774 $ 26,315,972 $ 34,691,858 $ 12,800,390 $ 35,881,858 $ 1,190,000 Net Revenue (Expenditure) $ 553,549 $ 1,944,408 $ 6,233,609 $ 2,166,492 $ (5,414,750) $ 2,042,427 $ (6,494,750) $ (1,080,000) General Fund Summary
Overall, the proposed General Fund Operating Budget remains balanced without relying on one-time revenues. This reflects the Council’s continuing commitment to operating conservatively. The budget does continue to include a lesser portion of the planned use of Fund Balance that was budgeted at the beginning of the year. As a result of proposed increases to revenues and increases to expenditures, the revised budget estimate for the current fiscal year shows an overall net use of fund balance totaling $6,494,750 rather than the $5,414,750 amount that is reflected in the current Budget. That net use of fund balance includes the $10,380,000 of Transfers Out from the General Fund, of which $8,010,000 is for one-time projects - $5,000,000 (from Reserves) for the Downtown Gateway 84
Roadway and Parking Project, $450,000 for the City Hall Remodel Project, $2,200,000 (from Reserves) being added to Fund 201 – General Capital Project for CIP 247, $100,000 to complete CIP 228, and $260,000 for other capital improvement projects in Fund 201. Excluding the $8,010,000 of one-time expenditures, revenues are projected to exceed operating expenditures by $1,515,250, indicating that current operational expenditures are covered by operational revenues.
Other Funds
Included in the proposed Mid-Year Review expenditure budget amendments are increases of: $10,000 to Mechanical Equipment Operations in Fund 110, $20,000 to Street Light Repair and Maintenance in Fund 133, $5,000 to Maintenance of the Entrepreneur Center in Fund 138, $30,000 to Street Sweeping in Fund 145, and $22,000 to Traffic Signal Maintenance in Fund 140.
Attached at the end of this report is a spreadsheet summarizing the beginning and projected year-end fund balances by fund, the existing budgets, year-to-date actual revenue and expenditures (through mid-year), and the adjustment amounts recommended in each fund. The analysis shows that by keeping operations lean, the City’s funds remain generally healthy and the prudent budgeting and active management of operations are successfully meeting the goal of living within our means.
As a reminder, the City appropriates unassigned fund balances into its special purpose funds. So, the table generally shows a net use in each of these funds. In cases where fund balances are available, you will note that actual expenditures year-to-date in the special purpose funds are significantly less than the expenditures budgeted, and that is generally to be expected.
No Proposed Appropriations of Fund Balance
In several funds, the actual beginning-of-the-year Fund Balance was different than estimated during the budget development process, with the General Fund being the prime example. As part of this Mid-Year Budget Review, the attached Fund Summaries Table has been updated to show the actual beginning fund balances. There are a few appropriations adjustments proposed to true up the appropriation of unassigned amounts in the City’s Special Revenue and Capital Projects Funds, consistent with the City’s policies, where needed. These adjustments can be either additions or reductions. The $5,000,000 Transfer to 85
General Capital Projects related to the Downtown Gateway Roadway and Parking Project and the $2,200,000 Transfer related to CIP 247 are coming from the General Fund’s Reserve for Capital Projects that was set aside for such purposes. The balance of Transfers Out to projects will be covered with current year revenues as mentioned above, rather than appropriating funds from the General Fund’s Fund Balance.
As has been the case for several years, a couple of the Park Lighting and Landscaping Funds are not yet capable of sustaining current levels of service in the long run; nonetheless, for these Funds, the use of existing Fund Balance and, in a couple of cases, utilizing an interfund loan pursuant to current policy, remains the most reasonable option.
Discussion of Capital Budgets
The Capital Improvement Program (CIP) remains very active this fiscal year, and a substantial amount of available capital projects funds on hand from recent years are being put to work. Included in the Mid-Year Budget amendments related to capital projects are a $100,000 increase to CIP 228, a $150,000 increase to CIP 215 and a $2.2 million increase to CIP 247. The $100,000 increase to CIP 228 is necessary to cover the higher-than-anticipated costs to complete the City Hall Generator Project. The $150,000 increase to CIP 215 is necessary due to increased costs for slurry, which will be funded from the Gas Tax RMRA Fund (Fund 141) Unappropriated Fund Balance. The $2.2 million increase to CIP 247 will be funded from the General Fund’s Capital Reserves, for which an additional $5 million was added into reserves at the end of Fiscal Year 2021/2022.
As is typical, some of the projects originated in prior years while others will continue into future fiscal years. The budget policies allow unspent budgeted capital amounts to be rolled forward to the next fiscal year to simplify the accounting process.
Summary of Staff Recommendations
The General Fund:
Staff recommends the Council authorize the appropriation adjustments necessary at a line-item level to adjust General Fund budgeted revenues by a net increase of $110,000, as follows:
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Increase Property Tax revenue by $300,000
Increase Property Tax in Lieu of VLF by $540,930
Decrease Property Transfer Tax revenue by $200,000
Increase Sales Tax by $400,000
Decrease Building Inspection Fees by $200,000
Decrease Mechanical Permits by $25,000
Decrease Plumbing Permits by $40,000
Decrease Energy Review Fees by $60,000
Decrease Rental Inspection Fee by $40,000
Decrease Traffic Fines by $35,000
Decrease Interest Income by $300,000, to allow for unrealized market loss Decrease City Administrative Fee by $120,000
Decrease Impact Administration Fees by $160,000
Decrease Interfund Charges – Police by $50,930
Increase Interfund Charges – Contractor by $100,000
The impact of these proposed revenue adjustments is an overall net increase in estimated General Fund revenue of $110,000.
Staff also recommends decreasing General Fund operational expenditure appropriations by $1,110,000 and increasing on-time, capital project expenditures by $2,300,000, as follows:
A $175,000 decrease in Contracted Services - Building Permits A $35,000 decrease in Planning Commission Meetings
A $700,000 decrease in Salaries and Benefits for the Police Department A $200,000 decrease increase Dispatch Services
A $100,000 increase in Transfers Out to Fund 201 – General Capital Projects, to complete CIP 228 - City Hall Generator Project A $2,200,000 Increase in Transfers Out to Fund 201 – General Capital Projects, for a dirt hauling project to be funded from Capital Reserves As can be seen above, the recommended changes to the combined General Fund revenue and expenditure projections reflect a $1.22 million improvement ($1.11 million less operational expenditures and $0.11 million more revenue) to the current Operational Budget. Savings in Police Department personnel costs have been realized over the past years, due to the time that it takes to fill positions. To 87
help us bring our projections closer to actual expenditures for the fiscal year, staff is recommending the $700,000 decrease to PD personnel costs, along with the other $410,000 of decreases listed above. The $175,000 decrease to Contracted Services – Building Permits can be credited to a slow-down in building activities.
The $35,000 decrease to Planning Commission Meetings shows that we overestimated those costs for the new Planning Commission. The $200,000 decrease to Dispatch Services reflects a project that PD had anticipated completing but that project will not take place in the current fiscal year. The $2.3 million of increases to Transfers Out to Fund 201 are one-time, non-operational cost to complete CIP 228 (City Hall Generator Project - $100,000) and pay for dirt to be hauled into the Burroughs property (added to CIP 247 - $2.2 million), which will make that property usable for development. The City has until the end of July to move the dirt that has been made available to us by the Flood Control District.
Starting this project of hauling dirt to the Burroughs property now and spreading the project over several months will prevent the City from paying much more to have dirt hauled from a further distance in the future and will lighten the impact on residents of trucks on local roads, by requiring less trucks to be on the roads at a time. This $2,200,000 one-time capital project cost will come from reserves that have been set aside in the General Fund Balance as Capital Reserves.
It should be noted that at this time last year the City of Oakley changed the General Fund Reserve Policy minimum from 20% to 30% of budgeted General Fund operational expenditures. In addition to the 30% Emergency Reserve Fund minimum, another $1 million was reserved at the end of Fiscal Year 2021/2022 to provide a further buffer in case the housing market or the economy declined.
Based on these Mid-Year findings, it does not appear that we will need to utilize the extra $1 million in the Emergency Reserve Fund for Fiscal Year 2022/2023.
However, we will certainly reevaluate our needs as we begin preparations for the Fiscal Year 2023/2024 Budget.
All Other Funds:
Staff recommends the Council authorize one adjustment necessary at a line-item level to adjust budgeted non-General Fund revenues for a total net increase of $2,374,164, as follows:
A $50,390 decrease to P-6 revenue
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A $224,554 increase to State Grant revenue, for the Oakley Creekside Park Restoration project to match budgeted expenditures in Fund 115 A $2,200,000 increase to Transfers In, to Fund 201 from General Fund Capital Reserves
Staff also recommends increasing non-General Fund expenditure appropriations by $2,866,070. There are sufficient funds in all funds below to cover the increases in expenditures.
A $100,000 increase to CIP 228 - City Hall Generator Project in Fund 201 A $10,000 increase to Mechanical Equipment Operations in Fund 110 A $20,000 increase to Street Light Repair and Maintenance in Fund 133 A $5,000 increase to Maintenance for the Entrepreneur Center in Fund 138 A $30,000 increase to Street Sweeping for new subdivisions in Fund 145 A $22,000 increase for Traffic Signal Maintenance in Fund 140 (Gas Tax) A $50,930 decrease to Police P-6 Assessment District expenditures A $150,000 increase to CIP 215 from Fund 141 (Gas Tax RMRA) to cover increased slurry costs
A $2,200,000 increase to Construction in Fund 201 – General Capital Projects Fund for dirt hauling – tied to CIP 247 contract A total of $380,000 of increased appropriations from the ARPA Fund to establish a Tourism Fund ($300,000), provide free recreation classes to Oakley youth ($60,000) and provide assistance to the Oakley Senior Citizens Club ($20,000), all of which will be discussed in detail in a separate agenda item
Looking Forward
Staff will consider the impact of the most current projections for Fiscal Year 2022/2023 and the likely trends in the coming years when we update the 10-Year Plan during the Fiscal Year 2023/2024 Budget preparation process. As always, the projections in the near term are more meaningful, but extending the analysis out ten years will allow evaluation of the long-term effects of decisions being made today.
As of mid-year, Fiscal Year 2022/2023 budget performance looks positive. During the Fiscal Year 2022/2023 Budget preparation process, the City Council directed staff to include at least $2 million from the General Fund for roadway maintenance and to continue to commit funds for that purpose, in the future.
Therefore, $2 million of Operating Transfers Out for roadway maintenance were 89
included in the Fiscal Year 2022/2023 Budget, and the 10-Year Forecast includes a 4% escalation to ensure fiscally prudent roadway maintenance continues to take place, even during times of future economic downturn.
The Mid-Year Review confirms that if we remain disciplined, as the Council has directed and as incorporated into the City’s Financial Polices, the City’s operations are and can remain balanced over time. The projections presented here show increased revenue estimates and decreases to expenditures, leaving the General Fund with sufficient current year revenues for even more one-time expenditures than those that were included in the adopted Fiscal Year 2022/2023 Budget. Because the City remains subject to significant external factors in managing costs, we continue to recommend proceeding carefully with any changes expected to increase recurring costs without new recurring revenues.
The adoption of the 30% General Fund Reserve Policy and adding $1 million to the Emergency Reserve were prudent measures to help ensure continued stability in the City’s operations and fiscal condition. Decisions like these have helped the City of Oakley to be ranked among the three safest cities in California by the State Auditor in the 2020/2021 Local Government High Risk assessment report.
Staff Recommended Budget and Reserve Policy Adjustments The attached Fund Summary provides an estimated year-end fund balance for every fund. The Mid-Year Adjustment column summarizes the detail provided above and are staff’s proposed changes to the Fiscal Year 2022/23 Budget.
The attached Budget Transfer/Revision Request Form provides line-item detail for all staff proposed changes.
90 Current
Adjusted Actual FYE Mid‐Year
Fund Accounts Budget YTD Projection Budget Adjustment
100 General Fund Available Fund Balance 06/30/22 10,158,633 Revenues 29,277,108 14,842,817 29,387,108 110,000
Expenditures 34,691,858 12,800,390 35,881,858 1,190,000 Revenues over (under) Expenditures (5,414,750) 2,042,427 (6,494,750) (1,080,000) Est Fund Balance 06/30/23 3,663,883
110 Cypress Grove (CFD #1) Available Fund Balance 06/30/22 2,365,531 Revenues 354,167 192,839 354,167 0
Expenditures 1,687,803 130,194 1,687,803 10,000
Revenues over (under) Expenditures (1,333,636) 62,645 (1,333,636) (10,000) Est Fund Balance 06/30/23 1,031,895
115 Oakley Creekside Park Restoration Available Fund Balance 06/30/22 (41,477) * Revenues 0 109,911 224,554 224,554
Expenditures 224,554 59,033 224,554 0
Revenues over (under) Expenditures (224,554) 50,877 (0) 224,554 Est Fund Balance 06/30/23 (41,477)
120 American Rescue Plan Act Available Fund Balance 06/30/22 4,429,880 Revenues 5,088,595 5,097,932 5,088,595
Expenditures 5,947,881 297,813 6,327,881 380,000
Revenues over (under) Expenditures (859,286) 4,800,119 (1,239,286) (380,000) Est Fund Balance 06/30/23 3,190,594
125 You, Me, We = Oakley Available Fund Balance 06/30/22 (147,964) # Revenues 0 0 00
Expenditures 0 0 00
Revenues over (under) Expenditures 0 0 00
Est Fund Balance 06/30/23 (147,964)
132 Parks Landscaping Assessment ‐ (LLAD Zone 1) Available Fund Balance 06/30/22 4,022,835 Revenues 1,411,587 1,193,059 1,411,587 0
Expenditures 1,808,163 678,536 1,808,163 0
Revenues over (under) Expenditures (396,576) 514,523 (396,576) 0 Est Fund Balance 06/30/23 3,626,259
133 Lighting Assessment Dist ‐ (LLAD Zone 2) Available Fund Balance 06/30/22 201,558 Revenues 440,436 298,296 440,436 0
Expenditures 440,436 206,816 440,436 20,000
Revenues over (under) Expenditures (0) 91,480 (0) (20,000) Est Fund Balance 06/30/23 201,557
134 CC Logistic Center Available Fund Balance 06/30/22 18,465 Revenues 39,176 21,160 39,176 0
Expenditures 34,662 5,551 34,662 0
Revenues over (under) Expenditures 4,514 15,610 4,514 0 Est Fund Balance 06/30/23 22,979
138 Downtown Revitalization Available Fund Balance 06/30/22 172,464 Revenues 210,200 115,204 210,200 0
Expenditures 216,120 112,128 216,120 5,000
Revenues over (under) Expenditures (5,920) 3,075 (5,920) (5,000) Est Fund Balance 06/30/23 166,544
140 Gas Tax Available Fund Balance 06/30/22 1,638,929
Revenues 1,253,770 512,182 1,253,770 0
Expenditures 1,783,743 562,807 1,783,743 22,000
Revenues over (under) Expenditures (529,973) (50,625) (529,973) (22,000) Est Fund Balance 06/30/23 1,108,956
141 Gas Tax‐RMRA SB1 Available Fund Balance 06/30/22 496,673 Revenues 978,277 401,796 978,277 0
Expenditures 2,121,403 1,004,596 2,121,403 150,000
Revenues over (under) Expenditures (1,143,126) (602,800) (1,143,126) (150,000) Est Fund Balance 06/30/23 (646,453)
Fund Summary
Mid‐Year Budget Review
Fiscal Year 2022/23
91 145 Stormwater NPDES Available Fund Balance 06/30/22 49,127 Revenues 500,500 11,148 500,500 0
Expenditures 829,661 234,778 829,661 30,000
Revenues over (under) Expenditures (329,161) (223,630) (329,161) (30,000) Est Fund Balance 06/30/23 (280,034)
148 Measure J Available Fund Balance 06/30/22 1,716,889 Revenues 751,090 2,162 751,090 0
Expenditures 1,673,775 315,992 1,673,775 0
Revenues over (under) Expenditures (922,685) (313,830) (922,685) 0 Est Fund Balance 06/30/23 794,204
150 Police P‐6 Assessment District Available Fund Balance 06/30/22 1,795 Revenues 7,250,500 3,931,881 7,200,110 (50,390)
Expenditures 7,250,500 3,931,754 7,200,110 (50,390)
Revenues over (under) Expenditures 0 127 0 0
Est Fund Balance 06/30/23 1,795
151 Supplemental Law Enforcement (SLEF) Available Fund Balance 06/30/22 76 Revenues 150,000 112,830 150,000 0
Expenditures 150,000 112,860 150,000 0
Revenues over (under) Expenditures 0 (30) 00
Est Fund Balance 06/30/23 76
168 Sports Field Maintenance Available Fund Balance 06/30/22 181,191 Revenues 0 17,555 0 0
Expenditures 430 326 430 0
Revenues over (under) Expenditures (430) 17,229 (430) 0 Est Fund Balance 06/30/23 180,761
170 Vintage Parkway (LLAD Zone 3‐1) Available Fund Balance 06/30/22 198,303 Revenues 79,214 43,341 79,214 0
Expenditures 127,329 28,121 127,329 0
Revenues over (under) Expenditures (48,115) 15,220 (48,115) 0 Est Fund Balance 06/30/23 150,188
171 Oakley Ranch (LLAD Zone 3‐2) Available Fund Balance 06/30/22 25,947 Revenues 26,546 14,578 26,546 0
Expenditures 33,738 15,277 33,738 0
Revenues over (under) Expenditures (7,192) (698) (7,192) 0 Est Fund Balance 06/30/23 18,755
172 Empire (LLAD Zone 3‐3) Available Fund Balance 06/30/22 84,572 Revenues 4,734 2,608 4,734 0
Expenditures 25,745 2,084 25,745 0
Revenues over (under) Expenditures (21,011) 524 (21,011) 0 Est Fund Balance 06/30/23 63,561
173 Oakley Town Center (LLAD Zone 3‐4) Available Fund Balance 06/30/22 82,518 Revenues 11,535 6,126 11,535 0
Expenditures 31,576 4,295 31,576 0
Revenues over (under) Expenditures (20,041) 1,830 (20,041) 0 Est Fund Balance 06/30/23 62,477
174 Oak Grove (LLAD Zone 3‐5) Available Fund Balance 06/30/22 84,761 Revenues 28,605 15,736 28,605 0
Expenditures 48,806 9,658 48,806 0
Revenues over (under) Expenditures (20,201) 6,078 (20,201) 0 Est Fund Balance 06/30/23 64,560
175 Laurel Woods/Luna Estates (LLAD Zone 3‐6) Available Fund Balance 06/30/22 96,885 Revenues 7,868 4,348 7,868 0
Expenditures 32,041 2,982 32,041 0
Revenues over (under) Expenditures (24,173) 1,367 (24,173) 0 Est Fund Balance 06/30/23 72,712
176 South Forty (LLAD Zone 3‐7) Available Fund Balance 06/30/22 51,312 Revenues 9,905 5,462 9,905 0
Expenditures 22,494 4,474 22,494 0
Revenues over (under) Expenditures (12,589) 988 (12,589) 0 Est Fund Balance 06/30/23 38,723
92 177 Claremont (LLAD Zone 3‐8) Available Fund Balance 06/30/22 9,837 Revenues 7,728 4,208 7,728 0
Expenditures 10,689 5,322 10,689 0
Revenues over (under) Expenditures (2,961) (1,114) (2,961) 0 Est Fund Balance 06/30/23 6,876
178 Gateway (LLAD Zone 3‐9) Available Fund Balance 06/30/22 180,653 Revenues 18,610 10,342 18,610 0
Expenditures 64,876 10,735 64,876 0
Revenues over (under) Expenditures (46,266) (393) (46,266) 0 Est Fund Balance 06/30/23 134,387
179 Countryside‐Village Green (LLAD Zone 3‐10) Available Fund Balance 06/30/22 26,410 Revenues 2,875 1,479 2,875 0
Expenditures 9,471 1,738 9,471 0
Revenues over (under) Expenditures (6,596) (259) (6,596) 0 Est Fund Balance 06/30/23 19,814
180 Country Fair‐Meadow Glen (LLAD Zone 3‐11) Available Fund Balance 06/30/22 (2,510) Revenues 9,423 4,983 9,423 0
Expenditures 5,473 5,225 5,473 0
Revenues over (under) Expenditures 3,950 (242) 3,950 0
Est Fund Balance 06/30/23 1,440
181 California Sunrise (LLAD Zone 3‐12) Available Fund Balance 06/30/22 75,500 Revenues 3,702 2,028 3,702 0
Expenditures 22,667 1,428 22,667 0
Revenues over (under) Expenditures (18,965) 600 (18,965) 0 Est Fund Balance 06/30/23 56,535
182 California Visions‐Laurel (LLAD Zone 3‐13) Available Fund Balance 06/30/22 160,787 Revenues 12,250 6,818 12,250 0
Expenditures 52,432 4,526 52,432 0
Revenues over (under) Expenditures (40,182) 2,292 (40,182) 0 Est Fund Balance 06/30/23 120,605
183 Claremont Heritage (LLAD Zone 3‐14) Available Fund Balance 06/30/22 229,255 Revenues 18,540 10,343 18,540 0
Expenditures 74,704 4,812 74,704 0
Revenues over (under) Expenditures (56,164) 5,531 (56,164) 0 Est Fund Balance 06/30/23 173,091
184 Country Fair‐Meadow Glen II (LLAD Zone 3‐15) Available Fund Balance 06/30/22 214,042 Revenues 122,982 67,756 122,982 0
Expenditures 174,928 54,470 174,928 0
Revenues over (under) Expenditures (51,946) 13,287 (51,946) 0 Est Fund Balance 06/30/23 162,096
185 Sundance (LLAD Zone 3‐16) Available Fund Balance 06/30/22 14,079 Revenues 9,010 4,919 9,010 0
Expenditures 11,796 4,107 11,796 0
Revenues over (under) Expenditures (2,786) 812 (2,786) 0 Est Fund Balance 06/30/23 11,293
186 CA Jamboree‐Laurel Anne (LLAD Zone 3‐17) Available Fund Balance 06/30/22 416,248 Revenues 118,184 63,796 118,184 0
Expenditures 214,502 45,659 214,502 0
Revenues over (under) Expenditures (96,318) 18,137 (96,318) 0 Est Fund Balance 06/30/23 319,930
187 Country Place (LLAD Zone 3‐18) Available Fund Balance 06/30/22 (79,005) * Revenues 43,400 22,870 43,400 0
Expenditures 63,181 22,479 63,181 0
Revenues over (under) Expenditures (19,781) 391 (19,781) * 0 Est Fund Balance 06/30/23 (98,786)
* From General Fund Loan
188 Laurel Crest (LLAD Zone 3‐19) Available Fund Balance 06/30/22 105,904 Revenues 157,800 83,318 157,800 0
Expenditures 185,233 89,220 185,233 0
Revenues over (under) Expenditures (27,433) (5,902) (27,433) 0 Est Fund Balance 06/30/23 78,471
93 189 Marsh Creek Glen (LLAD Zone 3‐20) Available Fund Balance 06/30/22 403,044 Revenues 109,038 60,331 109,038 0
Expenditures 203,138 30,824 203,138 0
Revenues over (under) Expenditures (94,100) 29,506 (94,100) 0 Est Fund Balance 06/30/23 308,944
190 Quail Glen (LLAD Zone 3‐21) Available Fund Balance 06/30/22 115,793 Revenues 36,015 19,551 36,015 0
Expenditures 63,131 14,002 63,131 0
Revenues over (under) Expenditures (27,116) 5,549 (27,116) 0 Est Fund Balance 06/30/23 88,677
191 Cypress Grove (LLAD Zone 3‐22) Available Fund Balance 06/30/22 644,468 Revenues 459,341 259,619 459,341 0
Expenditures 559,341 191,380 559,341 0
Revenues over (under) Expenditures (100,000) 68,239 (100,000) 0 Est Fund Balance 06/30/23 544,468
192 South Oakley (LLAD Zone 3‐23) Available Fund Balance 06/30/22 445,568 Revenues 459,341 259,619 459,341 0
Expenditures 559,341 191,380 559,341 0
Revenues over (under) Expenditures (100,000) 68,239 (100,000) 0 Est Fund Balance 06/30/23 345,568
193 Stone Creek (LLAD Zone 3‐24) Available Fund Balance 06/30/22 397,020 Revenues 71,133 39,495 71,133 0
Expenditures 160,917 10,463 160,917 0
Revenues over (under) Expenditures (89,784) 29,032 (89,784) 0 Est Fund Balance 06/30/23 307,236
194 Magnolia Park (LLAD Zone 3‐25) Available Fund Balance 06/30/22 2,085,323 Revenues 928,357 511,759 928,357 0
Expenditures 1,034,987 328,991 1,034,987 0
Revenues over (under) Expenditures (106,630) 182,768 (106,630) 0 Est Fund Balance 06/30/23 1,978,693
195 Summer Lake (LLAD Zone 3‐26) Available Fund Balance 06/30/22 1,187,556 Revenues 557,261 305,716 557,261 0
Expenditures 657,261 195,628 657,261 0
Revenues over (under) Expenditures (100,000) 110,088 (100,000) 0 Est Fund Balance 06/30/23 1,087,556
201 General Capital Projects Available Fund Balance 06/30/22 2,036,981 Revenues 260,000 209,534 2,460,000 2,200,000
Expenditures 7,543,529 819,518 9,843,529 2,300,000
Revenues over (under) Expenditures (7,283,529) (609,984) (7,383,529) (100,000) Est Fund Balance 06/30/23 (5,346,549)
202 Traffic Impact Fee Available Fund Balance 06/30/22 12,299,189 Revenues 3,583,132 757,402 3,583,132 0
Expenditures 13,651,647 688,908 13,651,647 0
Revenues over (under) Expenditures (10,068,516) 68,495 (10,068,516) 0 Est Fund Balance 06/30/23 2,230,673
204 Park Impact Fee Available Fund Balance 06/30/22 5,906,365 Revenues 2,755,740 569,989 2,755,740 0
Expenditures 7,712,429 446,653 7,712,429 0
Revenues over (under) Expenditures (4,956,690) 123,336 (4,956,690) 0 Est Fund Balance 06/30/23 949,675
206 Public Facilities Impact Fee Available Fund Balance 06/30/22 3,485,873 Revenues 1,074,471 315,828 1,074,471 0
Expenditures 1,337,909 479,323 1,337,909 0
Revenues over (under) Expenditures (263,438) (163,495) (263,438) 0 Est Fund Balance 06/30/23 3,222,435
208 Fire Impact Fee Available Fund Balance 06/30/22 0
Revenues 0 0 00
Expenditures 0 0 00
Revenues over (under) Expenditures 0 0 00
Est Fund Balance 06/30/23 0
94 221 2012 Refunding Assessment Bond CIP Available Fund Balance 06/30/22 80,175 Revenues 0 0 00
Expenditures 62,377 0 62,377 0
Revenues over (under) Expenditures (62,377) 0 (62,377) 0 Est Fund Balance 06/30/23 17,798
222 2014 Refunding Assessment Bond CIP Available Fund Balance 06/30/22 649,429 Revenues 0 329 0 0
Expenditures 0 0 00
Revenues over (under) Expenditures 0 329 0 0
Est Fund Balance 06/30/23 649,429
231 Main Street Available Fund Balance 06/30/22 1,239,650 Revenues 10,000 5,000 10,000 0
Expenditures 1,257,049 729,760 1,257,049 0
Revenues over (under) Expenditures (1,247,049) (724,760) (1,247,049) 0 Est Fund Balance 06/30/23 (7,399)
232 Regional Parks (CFD) Available Fund Balance 06/30/22 1,792,759 Revenues 165,000 183,610 165,000 0
Expenditures 31,679 10,131 31,679 0
Revenues over (under) Expenditures 133,321 173,479 133,321 Est Fund Balance 06/30/23 1,926,081
235 Street Maintenance Reserve Available Fund Balance 06/30/22 3,592,789 Revenues 2,000,000 1,000,000 2,000,000 0
Expenditures 2,100,000 0 2,100,000 0
Revenues over (under) Expenditures (100,000) 1,000,000 (100,000) 0 Est Fund Balance 06/30/23 3,492,789
301 Developer Deposits Available Fund Balance 06/30/22 0 Revenues 0 787,808 0 0
Expenditures 1,214,817 0 1,214,817 0
Revenues over (under) Expenditures (1,214,817) 787,808 (1,214,817) 0 Est Fund Balance 06/30/23 (1,214,817)
* Revenues are earned as deposits are spent.
351 Debt Service Available Fund Balance 06/30/22 41,057 Revenues 666,769 333,443 666,769 0
Expenditures 709,479 3,003 709,479 0
Revenues over (under) Expenditures (42,710) 330,440 (42,710) 0 Est Fund Balance 06/30/23 (1,653)
403 Stormwater Citywide (CFD) Available Fund Balance 06/30/22 10,826 Revenues 11,799 7,599 11,799 0
Expenditures 2,024 836 2,024 0
Revenues over (under) Expenditures 9,775 6,763 9,775 0
Est Fund Balance 06/30/23 20,601
404 Fire Protection (CFD 2018‐1) Available Fund Balance 06/30/22 (12,382) Revenues 300,000 168,113 300,000 0
Expenditures 300,000 4,007 300,000 0
Revenues over (under) Expenditures 0 164,106 0 0
Est Fund Balance 06/30/23 (12,382)
405 Emerson Ranch Parks/St. Lighting (CFD 2015‐1) Available Fund Balance 06/30/22 701,964 Revenues 201,174 124,738 201,174 0
Expenditures 301,174 70,015 301,174 0
Revenues over (under) Expenditures (100,000) 54,723 (100,000) 0 Est Fund Balance 06/30/23 601,964
406 Emerson Ranch Neighborhood (CFD 2015‐1) Available Fund Balance 06/30/22 595,135 Revenues 193,001 119,551 193,001 0
Expenditures 293,001 73,857 293,001 0
Revenues over (under) Expenditures (100,000) 45,694 (100,000) 0 Est Fund Balance 06/30/23 495,135
407 Emerson Ranch Storm Water (CFD 2015‐1) Available Fund Balance 06/30/22 872,665 Revenues 281,206 146,921 281,206 0
Expenditures 401,206 116,437 401,206 0
Revenues over (under) Expenditures (120,000) 30,484 (120,000) 0 Est Fund Balance 06/30/23 752,665
95 408 Prescott Landscaping (CFD 2015‐2 Zone 1) Available Fund Balance 06/30/22 31,201 Revenues 21,462 11,789 21,462 0
Expenditures 21,462 9,613 21,462 0
Revenues over (under) Expenditures 0 2,177 0 0
Est Fund Balance 06/30/23 31,201
409 Prescott Stormwater (CFD 2015‐2 Zone 1) Available Fund Balance 06/30/22 69,328 Revenues 26,666 13,282 26,666 0
Expenditures 26,666 6,363 26,666 0
Revenues over (under) Expenditures 0 6,919 0 0
Est Fund Balance 06/30/23 69,328
410 Doyle Rd Landscaping (CFD 2015‐2 Zone 2) Available Fund Balance 06/30/22 928 Revenues 755 534 755 0
Expenditures 755 815 755 0
Revenues over (under) Expenditures 0 (281) 00
Est Fund Balance 06/30/23 928
411 Bella Estates Landscaping (CFD 2015‐2 Zone 3) Available Fund Balance 06/30/22 (340) Revenues 633 786 1,047 0
Expenditures 423 815 423 0
Revenues over (under) Expenditures 210 (29) 624 0
Est Fund Balance 06/30/23 284
412 Quicksilver Landscaping (CFD 2015‐2 Zone 4) Available Fund Balance 06/30/22 798 Revenues 1,099 605 1,099 0
Expenditures 1,099 1,174 1,099 0
Revenues over (under) Expenditures 0 (569) 00
Est Fund Balance 06/30/23 798
413 7‐11/Self Storage Landscaping (CFD 2015‐2 Zone 5) Available Fund Balance 06/30/22 1,835 Revenues 1,335 736 1,335 0
Expenditures 1,335 1,174 1,335 0
Revenues over (under) Expenditures 0 (438) 00
Est Fund Balance 06/30/23 1,835
414 Aspen Place Landscaping (CFD 2015‐2 Zone 6) Available Fund Balance 06/30/22 10,944 Revenues 7,793 4,300 7,793 0
Expenditures 7,793 4,941 7,793 0
Revenues over (under) Expenditures 0 (641) 00
Est Fund Balance 06/30/23 10,944
415 Aspen Lane Landscaping (CFD 2015‐2 Zone 7) Available Fund Balance 06/30/22 28,220 Revenues 12,936 7,152 12,936 0
Expenditures 12,936 5,281 12,936 0
Revenues over (under) Expenditures 0 1,871 0 0
Est Fund Balance 06/30/23 28,220
416 Duarte Ranch Landscaping (CFD 2015‐2 Zone 8) Available Fund Balance 06/30/22 56,075 Revenues 65,873 36,243 65,873 0
Expenditures 80,369 41,390 80,369 0
Revenues over (under) Expenditures (14,496) (5,147) (14,496) 0 Est Fund Balance 06/30/23 41,579
417 Duarte Ranch Stormwater (CFD 2015‐2 Zone 8) Available Fund Balance 06/30/22 85,570 Revenues 23,259 12,850 23,259 0
Expenditures 26,595 13,454 26,595 0
Revenues over (under) Expenditures (3,336) (604) (3,336) 0 Est Fund Balance 06/30/23 82,234
418 Nature Properties Landscaping (CFD 2015‐2 Zone 10) Available Fund Balance 06/30/22 11,705 Revenues 5,349 2,957 5,349 0
Expenditures 5,349 2,100 5,349 0
Revenues over (under) Expenditures 0 857 0 0
Est Fund Balance 06/30/23 11,705
419 Chevron Laurel/OʹHara Landscaping (CFD 2015‐2 Zone 12) Available Fund Balance 06/30/22 6,760 Revenues 3,021 1,671 3,021 0
Expenditures 3,021 1,175 3,021 0
Revenues over (under) Expenditures 0 495 0 0
Est Fund Balance 06/30/23 6,760
96 420 4700 Main St Landscaping (CFD 2015‐2 Zone 13) Available Fund Balance 06/30/22 (653) Revenues 0 0 00
Expenditures 0 0 00
Revenues over (under) Expenditures 0 0 00
Est Fund Balance 06/30/23 (653)
421 Gilbert Property Landscaping (CFD 2015‐2 Zone 14) Available Fund Balance 06/30/22 461,784 Revenues 539,810 302,835 539,810 0
Expenditures 663,701 334,865 663,701 0
Revenues over (under) Expenditures (123,891) (32,030) (123,891) 0 Est Fund Balance 06/30/23 337,893
422 Gilbert Property Stormwater (CFD 2015‐2 Zone 14) Available Fund Balance 06/30/22 177,200 Revenues 275,294 168,653 306,643 0
Expenditures 275,294 103,330 275,294 0
Revenues over (under) Expenditures 0 65,324 31,349 0
Est Fund Balance 06/30/23 208,549
423 UPS Expansion Landscaping (CFD 2015‐2 Zone 16) Available Fund Balance 06/30/22 (2,043) Revenues 0 0 00
Expenditures 700 359 700 0
Revenues over (under) Expenditures (700) (359) (700) 0
Est Fund Balance 06/30/23 (2,743)
424 ARCO AM/PM Landscaping (CFD 2015‐2 Zone 17) Available Fund Balance 06/30/22 1,102 Revenues 0 1 00
Expenditures 1,257 1,173 1,257 0
Revenues over (under) Expenditures (1,257) (1,172) (1,257) 0 Est Fund Balance 06/30/23 (155)
425 Shiloh Landscaping (CFD 2015‐2 Zone 18) Available Fund Balance 06/30/22 (8,598) Revenues 0 0 00
Expenditures 119 61 119 0
Revenues over (under) Expenditures (119) (61) (119) 0
Est Fund Balance 06/30/23 (8,717)
426 The Village at Main Landscaping (CFD 2015‐2 Zone 20) Available Fund Balance 06/30/22 (8,598) Revenues 0 0 00
Expenditures 5,070 2,051 5,070 0
Revenues over (under) Expenditures (5,070) (2,051) (5,070) 0 Est Fund Balance 06/30/23 (13,668)
430 Vintner View (CFD 2015‐2 Zone 29) Available Fund Balance 06/30/22 0 Revenues 2,432 2,165 2,432 0
Expenditures 0 0 00
Revenues over (under) Expenditures 2,432 2,165 2,432 0
Est Fund Balance 06/30/23 2,432
501 Vehicle Internal Service Fund Available Fund Balance 06/30/22 1,374,739 Revenues 391,779 184,067 391,779 0
Expenditures 400,029 85,932 400,029 0
Revenues over (under) Expenditures (8,250) 98,135 (8,250) 0 Est Fund Balance 06/30/23 1,366,489
502 Capital Facilities Maintenance & Replacement Available Fund Balance 06/30/22 5,764,494 Revenues 600,000 300,757 600,000 0
Expenditures 648,024 49,953 648,024 0
Revenues over (under) Expenditures (48,024) 250,805 (48,024) 0 Est Fund Balance 06/30/23 5,716,471
503 Technology Internal Service Fund Available Fund Balance 06/30/22 600,326 Revenues 206,000 103,209 206,000 0
Expenditures 101,295 50,367 101,295 0
Revenues over (under) Expenditures 104,705 52,842 104,705 0 Est Fund Balance 06/30/23 705,031
621 2012 Refunding Assessment Bond Debt Service Available Fund Balance 06/30/22 1,483,108 Revenues 1,190,803 658,164 1,190,803 0
Expenditures 923,563 20,015 923,563 0
Revenues over (under) Expenditures 267,240 638,149 267,240 0 Est Fund Balance 06/30/23 1,750,348
622 2014 Refunding Assessment Bond Debt Service Available Fund Balance 06/30/22 1,131,486 Revenues 759,160 419,349 759,160 0
97 Expenditures 778,028 11,587 778,028 0
Revenues over (under) Expenditures (18,867) 407,763 (18,867) 0 Est Fund Balance 06/30/23 1,112,619
98 767 Tax Increment Housing Available Fund Balance 06/30/22 (977,314) * Revenues 10,000 1,100 10,000 0
Expenditures 10,000 0 10,000 0
Revenues over (under) Expenditures 0 1,100 0 0
Est Fund Balance 06/30/23 (977,314)
*Advances from other funds # Combined with General Fund (100) Note: Throughout this schedule, available fund balances at 06/30/22 include the amounts appropriated from Reserves in funds where applicable. 99 Resolution No. XX-23 Page 1 of 1
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING THE FISCAL YEAR 2022/2023 MIDYEAR BUDGET REVIEW AND ADOPTING ITS RECOMMENDATIONS FOR REVISING THE FISCAL YEAR 2022/2023 OPERATING
AND CAPITAL BUDGETS
WHEREAS, the City is required by law to approve a budget prior to the beginning of each fiscal year, and finds it prudent to review the status of the budget at midyear each year; and WHEREAS, the Finance Director and other City Department Heads have undertaken a thorough review and projected revenues and expenditures for the remainder of the fiscal year; and
WHEREAS, the City Council of the City of Oakley has been presented with a Midyear Budget Review Report, including a “State of the Budget” summary and Staff recommendations; and
WHEREAS, the City Council has reviewed the Midyear Review Report and wishes to approve and adopt the Staff recommendations;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby approves and adopts the Staff recommendations included in the Midyear Budget Review presented by the City Manager.
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held this 28th day of February 2023, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
___________________
Aaron Meadows, Mayor
ATTEST:
____________________ ___________________
Libby Vreonis, City Clerk Date
100
BUDGET TRANSFER/REVISION REQUEST FORM
Decrease
1 2
3 200,000.00
4 5 200,000.00
6 25,000.00
7 40,000.00
8 60,000.00
9 40,000.00
10 35,000.00
11 300,000.00
12 120,000.00
13 160,000.00
14 50,930.00
15 16
17 50,930.00
18 19
Date
Date
Date
State Grant Revenue ‐ Creekside Park 115 115 ‐3607 224,554.00 Date Received in Finance Division Activity Budget Adjustment # 2/28/2023 Finance Mid‐Year Budget Adjustments ‐ Revenues BA‐30 Reason for Request
Source of Funding Type of Transfer Mid‐Year Budget Adjustments ‐ Fiscal Year 2022/2023
Property Taxes 100 100‐3101 300,000.00 Amount
Description Fund Account Number Project# Project Phase/Task Increase Property Tax Transfer 100 100‐3104
Property Tax In‐Lieu of VLF 100 100‐3103 540,930.00 Building Inspection Fees 100 100‐3301
Mechanical Permits 100 100‐3302
Sales and Use Taxes 100 100‐3201 400,000.00 Rental Inspection Fees 100 100‐3368
Plumbing Permits 100 100‐3319
Energy Review Fees 100 100‐3345
Special Assessments ‐ P6 150 150‐3207
Transfer in from Capital Reserves 201 2,200,000.00 100,000.00
Tim Przybyla 2/28/2023
Prepared by (print name and initial) Date Director of Finance Signature Division Requesting Change: Finance Division Action:
Division Head Signature Date Accounting Manager Signature Resolution Number Council Meeting Date City Manager Signature The above information has been reviewed, is complete and accurate and the appropriations City Council Action: City Manager Action:
100
100
100
100
Traffic Fines
Interest Income
City Administrative Fee
Impact Adminintration Fees
Interfund Charges ‐ Police
Interfund Charges ‐ Contractor 100,000.00 100‐3401
100‐3501
100‐3903
100‐3907
100‐5911
100‐5917
100
100
201‐3950
201‐3950
Transfer in from General Fund 201
From Existing Budget Appropriations
From Donations, Fees or Grants
From Unappropriated Fund Balance
Intra-Division Transfer (within a division)
Inter-Division Transfer (between divisions)
Interfund Transfer (between funds)
Approved Disapproved Not Required Approved Disapproved Not Required 101
BUDGET TRANSFER/REVISION REQUEST FORM
Decrease
1 175,000.00
2 35,000.00
3 700,000.00
4 200,000.00
5 6
7 8
9 10
11 12
13 50,930.00
14 15
16 17
Date
Date
Date
Date Received in Finance Division Activity Budget Adjustment # 2/28/2023 Finance Mid‐Year Budget Adjustments ‐ Expenditures BA‐30 (Continued) Reason for Request
Source of Funding Type of Transfer Mid‐Year Budget Adjustments ‐ Fiscal Year 2022/2023
Contracted Services ‐ Building Permits 100 100‐18‐005‐5810 Amount
Description Fund Account Number Project# Project Phase/Task Increase Salaries ‐ Police 100 100‐21‐001‐4101
Planning Commission Meetings ‐
Planning 100 100‐18‐007‐5504
City Hall Generator Project ‐ CIP 228 201 201‐75‐228‐0101 100,000.00 Mechanical Equipment Operations 110 110‐35‐251‐6623 10,000.00 Dispatch Services ‐ Police 100 100‐21‐001‐5817
Street Sweeping 145 145‐35‐001‐6170 30,000.00 Street Light Repair and Maintenance 133 133‐31‐102‐5300 20,000.00 Maintenance ‐ Entrepreneuer Center 138 138‐15‐043‐5300 5,000.00 Interfund Charges ‐ Police 150 150‐21‐001‐5911
150,000.00
60,000.00
Tim Przybyla 2/28/2023
Prepared by (print name and initial) Date Director of Finance Signature Division Requesting Change: Finance Division Action:
Division Head Signature Date Accounting Manager Signature Resolution Number Council Meeting Date City Manager Signature The above information has been reviewed, is complete and accurate and the appropriations City Council Action: City Manager Action:
Tourism Program
Community Benefit Grant ‐ Seniors
Community Benefit Grant ‐ Youth Rec
Construction ‐ Slurry Costs ‐ CIP 215
120
120
120
141
120‐10‐001‐5904
120‐10‐001‐5901
120‐10‐001‐5901
141‐75‐215‐0101
Transfer Out to Fund 201 for CIP‐228
Transfer Out to Fund 201 for CIP‐247
Traffic Signal Maintenance
20,000.00
300,000.00
100 100‐99‐901‐8410 100,000.00
100 100‐99‐901‐8410 2,200,000.00
140 140‐30‐001‐5370 22,000.00
From Existing Budget Appropriations
From Donations, Fees or Grants
From Unappropriated Fund Balance
Intra-Division Transfer (within a division)
Inter-Division Transfer (between divisions)
Interfund Transfer (between funds)
Approved Disapproved Not Required Approved Disapproved Not Required 102
DATE: 0 2/28/2023
TO: Joshua McMurray, City Manager
FROM: Jeri Tejeda, Human Resources Director
SUBJECT: Adopt five separate Resolutions approving the update to the City’s Personnel Rules, approving the Administrative Regulation Policy, approving the Compensation and Benefits for General Staff, approving the Compensation and Benefits for Police Management, and approving a side letter to the MOU between the City of Oakley and the Oakley Police Officers Association
______________________________________________________________________ Background and Analysis
In the year 2000, the City Council adopted Personnel Ordinance #17-00 and in 2001, the employee handbook was created and updated again in 2004. In 2008 a complete review was done, and the Personnel Manual was created and adopted. The Personnel Manual was updated in 2012, 2016 and 2017 with slight modifications.
With the last significant update completed in 2008, it was time for a thorough review.
During the update process, staff’s goal was to modernize language, reorganize to help with readability as well as bring the policy current to what is considered best practices.
Staff review included content as well as ensuring that policy and practice aligned, and where conflicts existed, either cleaned up language or practice to ensure compliance with policy.
The Personnel Rules presented tonight have several changes in which the context and current practices do not change. There are however some changes that staff is recommending that are a more significant change. These recommended changes are listed here with an explanation for the change.
STAFF REPORT
Approved and Forwarded to the City Council
103
1. General Staff and Police Management are unrepresented and therefore have compensation and benefits approved as a resolution and not a memorandum of understanding. With benefits detailed in the personnel rules, they have not been kept current for years as the resolution of approved compensation and benefits has not been incorporated each year into the actual document. Staff recommends removing the compensation and benefits from the rules and creating a separate document that is easier to manage whenever a change is made. This document will be brought before council whenever a change to compensation or benefits is being requested and it will be updated with any approved resolution. The compensation and benefits presented in each document were approved in June of 2022 by council and therefore this is simply being presented as a clean-up item to the personnel rules.
2. Management Staff receives management leave as they do not receive overtime for any hours worked outside of their normal work schedule. Management Leave is provided annually in January and totals ninety-six (96) hours. The previous policy did not allow for any roll over hours and any unused hours were lost. Staff is recommending allowing forty (40) of these hours to roll over each year, but to cap at one hundred thirty-six (136) hours in the accrual bank. This minimal number of hours will allow a little more flexibility in cases where a manager was unable to use the total hours for the year. There is not a specific cost for this, however, it does allow for the hours to potentially be paid at a higher rate of pay should an employee receive an increase after the hours are rolled.
3. The City pays for the cost of uniforms and safety footwear for all general staff that work in a position that requires such. The previous policy called for the employee to purchase safety footwear and request reimbursement. The practice has been for the City to make the purchase on the employee’s behalf. Uniforms are also considered a fringe benefit and therefore are taxable for any employee who is receiving this benefit. After seeking input from the affected departments, staff has updated the uniform and safety footwear language to match our current practice.
We have also accounted for the cost of the uniforms and set a standard number of uniforms to be purchased annually. To ensure we are consistent across departments and to account for the need to tax this benefit a timeline is being implemented with checks and balances between the department and human resources.
4. The previous dress code requirements were very vague and made it difficult to enforce any specific perceived violation of the policy. Staff is recommending an update to clarify expectations of how staff should represent the City professionally.
It makes clear the types of clothing that are not considered professional and encourages staff to represent Oakley with items that have our City logo. It also addressed tattoos and piercings ensuring that anything that is offensive, gang related, of sexual nature or a safety hazard are covered or removed. 104
5. Bilingual pay in the previous policy allowed for Spanish speaking employees to receive incentive pay without the need to directly link the pay to a public benefit.
Staff is recommending to update the policy to link bilingual pay directly to enhancing ones position to benefit the community as a whole. Bilingual pay is not just for someone who speaks another language, rather it is for someone who can translate another language either verbally or written in order to benefit our customers and community. The recommended policy creates a process that is inclusive to all languages including American Sign Language and links this pay directly to a public benefit.
6. The previous policy had a reference to the administrative regulation policy that allows for the City Manager to administratively approve processes and procedures that is more procedural in nature and does not provide any compensation or benefits requiring council approval. Although the previous policy referenced this, there was no definition or guidance associated with it. Staff has prepared an administrative regulation policy to provide context to what these types of processes and procedures will look like.
7. In 2023, a new law requiring time away from work for bereavement leave was issued. It is not required to be paid unless an employee utilizes their accruals for any days missed. Our current policy has allowed for up to 5 days of paid leave depending on whether the death is in or out of the state. The updates to the bereavement section of the policy is to ensure our language complies with the new law. It does not change what has been provided in the previous policy for paid bereavement days.
8. The updates proposed to the MOU for the OPOA is cleanup to keep the language in the personnel rules and the MOU consistent. The only change that does increase compensation by approximately $100 per year is a slight increase to the Standby Pay. This is to make accounting for daily standby pay at a flat rate as opposed to a weekly rate that requires manual updates each pay period. This will make things more efficient and reduce the need for manual intervention.
9. Lastly, several policies that are more administrative in nature or need more frequent review and updates have been removed from the personnel rules and will either be a stand-alone policy that will be brought back to the council in the near future for consideration or will be an administrative regulation policy as it is clarification to a process or procedure and not a policy that should be in the personnel rules.
Staff has spent a significant amount of time reviewing and updating these recommended Personnel Rules to ensure they can be applied today and in the future. At the forefront was creating a policy that is understandable and that can be consistently applied to all.
These Rules will be our guide as we navigate the day-to-day administration of managing employees. Having a current and comprehensive policy in place allows staff to be 105
consistent across all departments no matter the circumstance. With consistency comes understanding and trust which is what builds a strong and successful City.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with our strategic plan, sustainable organization goal. Several goals discuss the importance of employee trust as well as setting us up for the future.
These Rules will guide us to being a sustainable organization as well as continue to build trust with staff and the community.
Fiscal Impact
There is no fiscal impact to the 2022/2023 budget. As mentioned in number 9 above, there is a slight increase to standby pay in the OPOA MOU. This increase is very minimal and will not require any new funding.
Staff Recommendation
Adopt five separate Resolutions approving the following:
1. City’s Personnel Rules
2. Administrative Regulation Policy
3. Compensation and Benefits for General Staff
4. Compensation and Benefits for Police Management
5. Side letter to the MOU between the City of Oakley and the Oakley Police Officers Association
Attachments
1. Resolution Personnel Rules
2. Resolution Administrative Regulation Policy
3. Resolution Compensation and Benefits for General Staff
4. Compensation and Benefits for Police Management
5. Resolution Side letter to the MOU between the City of Oakley and the Oakley Police Officers Association
6. Personnel Rules
7. Administrative Regulation Policy
8. Compensation and Benefits for General Staff
9. Compensation and Benefits for Police Management
10. Side Letter to the MOU between the City of Oakley and the Oakley Police Officers Association-Signed
11. Side Letter to the MOU between the City of Oakley and the Oakley Police Officers Association Red-Lined
12. Personnel Manual last amended August 2017
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City of Oakley
Table of Content
1 PURPOSE________________________________________________________________ 9
1.1 Mission, Vision, and Values ___________________________________________________ 9
1.2 Personnel Policy ___________________________________________________________ 10
1.3 Equal Employment Opportunity ______________________________________________ 10
1.4 Powers of the City Manager _________________________________________________ 11
1.5 Management Rights ________________________________________________________ 12
1.6 Department Rules and Regulations____________________________________________ 13
1.7 Application of Personnel Rules _______________________________________________ 13
1.8 Adoption of Personnel Rules _________________________________________________ 13
1.9 Amendment and Revision of Personnel Rules ___________________________________ 13
1.10 Conflict of Personnel Rules __________________________________________________ 13
1.11 Rights of Management______________________________________________________ 14
1.12 Violation of Personnel Rules _________________________________________________ 14 2 DEFINITION OF TERMS ____________________________________________________ 14
2.1 Actual hours worked _______________________________________________________ 14
2.2 Advancement _____________________________________________________________ 14
2.3 Allocation ________________________________________________________________ 14
2.4 Applicant_________________________________________________________________ 14
2.5 Appointing Authority _______________________________________________________ 14
2.6 Appointment _____________________________________________________________ 14
2.7 At-will ___________________________________________________________________ 15
2.8 Base Pay _________________________________________________________________ 15
2.9 Candidate ________________________________________________________________ 15
2.10 Certification ______________________________________________________________ 15
2.11 City _____________________________________________________________________ 15
2.12 Class or Classification _______________________________________________________ 15
2.13 Classification Plan__________________________________________________________ 15
2.14 Compensation ____________________________________________________________ 15
2.15 Compensatory time off _____________________________________________________ 15
2.16 Competitive Examination____________________________________________________ 15
2.17 Continuous Service_________________________________________________________ 15
2.18 Days_____________________________________________________________________ 15
2.19 Demotion ________________________________________________________________ 16 108
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2.20 Department ______________________________________________________________ 16
2.21 Department Director _______________________________________________________ 16
2.22 Dismissal_________________________________________________________________ 16
2.23 Domestic Partner __________________________________________________________ 16
2.24 Elected Official ____________________________________________________________ 16
2.25 Eligible Candidate__________________________________________________________ 16
2.26 Employment Date__________________________________________________________ 16
2.27 Employment List___________________________________________________________ 16
2.28 Employment Status ________________________________________________________ 16
2.29 Examination ______________________________________________________________ 16
2.30 Executive Management _____________________________________________________ 16
2.31 FLSA_____________________________________________________________________ 16
2.32 FLSA Exempt ______________________________________________________________ 16
2.33 FLSA Non-Exempt __________________________________________________________ 17
2.34 Full-Time Employees _______________________________________________________ 17
2.35 Layoff ___________________________________________________________________ 17
2.36 Leave____________________________________________________________________ 17
2.37 Limited Service ____________________________________________________________ 17
2.38 Overtime Work____________________________________________________________ 17
2.39 Part-Time Employee________________________________________________________ 17
2.40 Pay Range ________________________________________________________________ 17
2.41 Permanent Appointment or Permanent Status __________________________________ 17
2.42 Position__________________________________________________________________ 18
2.43 Probationary Appointment __________________________________________________ 18
2.44 Probationary Period________________________________________________________ 18
2.45 Promotional Appointment___________________________________________________ 18
2.46 Reclassification____________________________________________________________ 18
2.47 Re-employment ___________________________________________________________ 18
2.48 Regular Day Off (RDO) ______________________________________________________ 18
2.49 Rehire ___________________________________________________________________ 18
2.50 Reinstatement ____________________________________________________________ 18
2.51 Resignation_______________________________________________________________ 18
2.52 Retirement _______________________________________________________________ 18 109
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2.53 Seasonal Employees________________________________________________________ 19
2.54 Selection Procedure ________________________________________________________ 19
2.55 Separation _______________________________________________________________ 19
2.56 Step Advancement _________________________________________________________ 19
2.57 Suspension _______________________________________________________________ 19
2.58 Termination ______________________________________________________________ 19
2.59 Transfer__________________________________________________________________ 19
2.60 Vacancy__________________________________________________________________ 19
2.61 Y-Rated __________________________________________________________________ 19 3 POSITION CLASSIFICATION_________________________________________________ 19
3.1 Classification Plan__________________________________________________________ 19
3.2 Positions _________________________________________________________________ 21
3.3 Emergency or Temporary Positions____________________________________________ 21
3.4 Classification Review _______________________________________________________ 21 4 COMPENSATION PLAN____________________________________________________ 22
4.1 Compensation Plan Establishment ____________________________________________ 22
4.2 Compensation Plan Administration____________________________________________ 23
4.3 Paycheck _________________________________________________________________ 25
4.4 Errors in Compensation _____________________________________________________ 25 5 BENEFITS_______________________________________________________________ 26 6 RECRUITMENT, APPLICATIONS AND APPLICANTS ______________________________ 26
6.1 Recruitment ______________________________________________________________ 26
6.2 Applications ______________________________________________________________ 27
6.3 Disqualification of Applicants ________________________________________________ 27
6.4 Notice of Rejection_________________________________________________________ 28
6.5 Incomplete or Late Applications ______________________________________________ 28 7 EXAMINATIONS _________________________________________________________ 28
7.1 Responsibility _____________________________________________________________ 28
7.2 Need for Examinations______________________________________________________ 28
7.3 Rating ___________________________________________________________________ 29
7.4 Notification of Examination Results ___________________________________________ 29 8 ESTABLISHMENT AND THE USE OF EMPLOYMENT LISTS _________________________ 29
8.1 Types of Lists _____________________________________________________________ 29 110
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8.2 Use of Employment Lists ____________________________________________________ 30
8.3 Eligibility for Promotional Examinations________________________________________ 30
8.4 Availability of Candidates ___________________________________________________ 30
8.5 Removal of Names from Employment, Reinstatement or Re-employment Lists ________ 30
8.6 Flexible Staffing ___________________________________________________________ 31 9 APPOINTMENTS _________________________________________________________ 31
9.1 General Requirements for Appointment________________________________________ 31
9.2 Applicable Pay Upon Employment ____________________________________________ 32 10 TYPES OF APPOINTMENTS _________________________________________________ 32
10.1 Management Employees ____________________________________________________ 32
10.2 Probationary Employees ____________________________________________________ 32
10.3 Regular Employees_________________________________________________________ 33
10.4 Part-Time Employees _______________________________________________________ 33
10.5 Limited Service, Seasonal Appointments _______________________________________ 33
10.6 Promotion________________________________________________________________ 34
10.7 Transfer__________________________________________________________________ 35
10.8 Voluntary Transfers ________________________________________________________ 36
10.9 Qualified Disabled Employees ________________________________________________ 36
10.10 Demotion ________________________________________________________________ 36
10.11 Reclassification____________________________________________________________ 38
10.12 Acting or Interim Position ___________________________________________________ 38
10.13 Emergency Appointments ___________________________________________________ 39 11 PROBATIONARY PERIOD __________________________________________________ 39
11.1 Probationary Status ________________________________________________________ 39
11.2 Extension of Probation______________________________________________________ 40
11.3 Rejection from Probation____________________________________________________ 40 12 OUTSIDE EMPLOYMENT AND USE OF CITY PROPERTY ___________________________ 40
12.1 Prohibited Activity _________________________________________________________ 40
12.2 Outside Employment _______________________________________________________ 41
12.3 Authorization of Outside Employment _________________________________________ 42
12.4 Violations and Penalties_____________________________________________________ 42
12.5 Annual Approval Required___________________________________________________ 42
12.6 Changes in Outside Employment Status ________________________________________ 42 111
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12.7 Revocation or Suspension of Outside Employment Authorization ___________________ 42 13 PERFORMANCE EVALUATIONS _____________________________________________ 42
13.1 Frequency ________________________________________________________________ 43 14 EMPLOYEE CONDUCT _____________________________________________________ 43
14.1 Appearance Standards ______________________________________________________ 44
14.2 Off-Duty Social and Recreation Activities _______________________________________ 45
14.3 Smoking _________________________________________________________________ 46 15 DISCIPLINARY ACTION ____________________________________________________ 46
15.1 Authority to Discipline ______________________________________________________ 46
15.2 Grounds for Disciplinary Action_______________________________________________ 46
15.3 Types of Discipline _________________________________________________________ 48
15.4 Procedures for Disciplinary Action ____________________________________________ 50 16 DISCIPLINARY APPEALS PROCESS ___________________________________________ 51
16.1 Right to Respond - “Skelly” Process____________________________________________ 51
16.2 Right of Appeal____________________________________________________________ 52
16.3 Appeal Hearing____________________________________________________________ 52
16.4 Scheduling the Hearing _____________________________________________________ 52
16.5 Conduct of Hearing_________________________________________________________ 52
16.6 Failure of Employee to Appear at the Hearing ___________________________________ 53
16.7 Representation____________________________________________________________ 53
16.8 Advisory Findings of the Hearing Officer________________________________________ 53
16.9 Decision by the City Manager ________________________________________________ 53
16.10 No Retaliation_____________________________________________________________ 53
16.11 Reimbursement ___________________________________________________________ 53 17 GRIEVANCE PROCEDURE __________________________________________________ 53
17.1 Definition of “Grievance”____________________________________________________ 54
17.2 Eligibility to File a Grievance _________________________________________________ 54
17.3 Exclusion from the Grievance Procedure _______________________________________ 54
17.4 Procedure ________________________________________________________________ 54
17.5 Reporting Time Limitation ___________________________________________________ 55
17.6 Informal Resolution Procedure _______________________________________________ 55
17.7 Formal Grievance Procedure _________________________________________________ 55 18 SEPARATION, RESIGNATION, LAYOFF AND REEMPLOYMENT _____________________ 57 112
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18.1 Separations_______________________________________________________________ 57
18.2 Retirement _______________________________________________________________ 58
18.3 Termination-Disciplinary ____________________________________________________ 58
18.4 Release from Probation and At-Will Employees__________________________________ 58
18.5 Job Abandonment _________________________________________________________ 59
18.6 Layoff ___________________________________________________________________ 59
18.7 Layoff List Preparation Procedure _____________________________________________ 59 19 WORK WEEK AND ATTENDANCE ____________________________________________ 59
19.1 Work Week_______________________________________________________________ 59
19.2 Attendance _______________________________________________________________ 60
19.3 Excessive Tardiness, Absenteeism and Abuse of Leave ____________________________ 61
19.4 Meals and Rest Periods _____________________________________________________ 61
19.5 Timekeeping ______________________________________________________________ 62
19.6 Overtime_________________________________________________________________ 63
19.7 Paid Overtime and Compensatory Time Off _____________________________________ 64
19.8 Police-FLSA Section 207 (k) __________________________________________________ 65 20 Management LEAVE______________________________________________________ 65
20.1 Management Leave-Management Employees ___________________________________ 65 21 VACATION______________________________________________________________ 66
21.1 Maximum Accruals_________________________________________________________ 66
21.2 Part-Time Employee Vacation Accrual _________________________________________ 66
21.3 Maximum Accruals Part-Time Employees_______________________________________ 67
21.4 Use of Vacation ___________________________________________________________ 67
21.5 Effect of Sick Leave On Vacation Leave _________________________________________ 67
21.6 Vacation Pay-Out Upon Termination __________________________________________ 68
21.7 Eligibility to Earn Vacation___________________________________________________ 68
21.8 Vacation Buyback__________________________________________________________ 68
21.9 Hardship Request __________________________________________________________ 69 22 HOLIDAYS ______________________________________________________________ 69
22.1 Authorized Holidays________________________________________________________ 69
22.2 Work Performed on Holidays ________________________________________________ 71
22.3 Holidays Falling During Vacation ______________________________________________ 71 23 SICK LEAVE _____________________________________________________________ 71 113
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23.1 Certification ______________________________________________________________ 72
23.2 Prohibited Activity _________________________________________________________ 72
23.3 Eligibility _________________________________________________________________ 72
23.4 Accrual __________________________________________________________________ 72
23.5 Accumulation _____________________________________________________________ 73
23.6 Use _____________________________________________________________________ 73
23.7 Abuse of Sick Leave ________________________________________________________ 74
23.8 Use of Sick Leave toward Retirement __________________________________________ 75
23.9 Sick Leave at Separation ____________________________________________________ 75
23.10 Sick Leave at Retirement ____________________________________________________ 76
23.11 Integration of Benefits ______________________________________________________ 76
23.12 Catastrophic Leave _________________________________________________________ 76 24 LEAVES OF ABSENCE WITHOUT PAY _________________________________________ 77
24.1 Authorization for Leave of Absence Without Pay_________________________________ 77
24.2 Return from Authorized Leave of Absence Without Pay ___________________________ 77
24.3 Status of Employee on Authorized Leave of Absence Without Pay___________________ 78
24.4 Unauthorized Leave of Absence ______________________________________________ 78 25 OTHER LEAVES OF ABSENCE________________________________________________ 79
25.1 Administrative Leave _______________________________________________________ 79
25.2 Bereavement Leave ________________________________________________________ 79
25.3 Family and Medical Leave (FMLA/CFRA)________________________________________ 79
25.4 Jury Duty_________________________________________________________________ 80
25.5 Military Family Leave _______________________________________________________ 80
25.6 Military Leave_____________________________________________________________ 80
25.7 Military Spouse Leave ______________________________________________________ 81
25.8 Paid Family Leave (PFL) _____________________________________________________ 81
25.9 Pregnancy Disability Leave (PDL)______________________________________________ 81
25.10 School Activity Leave _______________________________________________________ 81
25.11 Voting Leave ______________________________________________________________ 81
25.12 Witness Leave_____________________________________________________________ 82
25.13 Leave Rights for Victims of Crime and Abuse ____________________________________ 82
25.14 Crime Victim or Family Member Victim Rights Proceeding Leave ____________________ 83 26 EMPLOYEE TRAINING AND EDUCATION PROGRAMS ____________________________ 84 114
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26.1 Training and Development___________________________________________________ 84
26.2 Education and Tuition Reimbursement_________________________________________ 84 27 NEPOTISM POLICY _______________________________________________________ 84
27.1 Marital Status and Immediate Family __________________________________________ 85
27.2 Marriage of Co-Employees___________________________________________________ 85 28 HARASSMENT AND DISCRIMINATION PREVENTION ____________________________ 86
28.1 Covered Individuals and Scope of Policy________________________________________ 86
28.2 Quid Pro Quo Harassment ___________________________________________________ 88
28.3 Retaliation _______________________________________________________________ 88
28.4 Guidelines for Identifying Harassment _________________________________________ 88
28.5 Complaint Procedure _______________________________________________________ 89
28.6 Proactive Approach ________________________________________________________ 90
28.7 No Retaliation_____________________________________________________________ 90
28.8 Option to Report to Outside Administrative Agencies _____________________________ 91
28.9 Confidentiality ____________________________________________________________ 91
28.10 Responsibilities____________________________________________________________ 91 29 Investigation Guidelines for Sexual Harassment and Discrimination Complaints _____ 92
29.1 Investigation Procedure_____________________________________________________ 92
29.2 Treat All Complaints Seriously and Act Promptly _________________________________ 92
29.3 Neutral Investigator ________________________________________________________ 93
29.4 Conduct of Investigator _____________________________________________________ 93
29.5 Confidentiality Of Investigation_______________________________________________ 93
29.6 Detailed Interview With Complainant__________________________________________ 93
29.7 Interview the Accused Employee and Other Employees ___________________________ 94
29.8 Analysis of Investigation ____________________________________________________ 94
29.9 Documentation Of Sexual Harassment _________________________________________ 94 30 MISCELLANEOUS_________________________________________________________ 94
30.1 Effective and Approval______________________________________________________ 94
30.2 Public Employees as Disaster Service Workers___________________________________ 94
30.3 City Records, Contracts and Requests for Information_____________________________ 95
30.4 Employee Remote Access ___________________________________________________ 95
30.5 Exempt Employee__________________________________________________________ 95
30.6 Personnel Records _________________________________________________________ 96 115
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1 PURPOSE
To establish a uniform procedure for dealing with personnel matters, the personnel system set forth in these Rules and Regulations (hereinafter “Rules”) is hereby adopted. These Rules supersede any prior rules and regulations and may be changed only upon approval of the City Council.
Where an applicable memorandum of understanding between the City and a recognized employee organization contains provisions that are inconsistent with any of these Rules, the language contained in the Memorandum of Understanding shall govern.
The City Council authorizes the City Manager to implement administrative policies in accordance with the Administrative Regulation Policy, adopted by resolution, which shall be supplemental to these Rules.
These Rules may be amended from time to time. However, to be effective, the amendment must be in writing and approved by resolution of the City Council.
Whenever such amendments affect the wages, hours or other terms or conditions of employment, they shall be subject to the meet and confer process as required by law.
In the event of an emergency, any part or all of these Rules may be suspended by order of the City Manager and such suspension shall remain in effect until the City Manager’s order is withdrawn.
1.1 Mission, Vision, and Values
Mission
The City of Oakey will create a resilient future that fosters and attracts a vibrant and evolving community that welcomes and values all people.
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.
Core Values
Our values guide us on a PATH to where we want to Live, Work, and Play in the heart of the Delta.
Promote fair and equitable stewardship for the welfare of our diverse individuals that comprise our inclusive community.
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Advocate a professional and family-friendly environment where Council, Staff, and the Public can envision and realize the City’s future together with a recognition of our shared commitments and opportunities.
Transparency is how we will create accountable partnerships to cultivate communication and collaboration to engage our thriving community.
Honesty and integrity are the foundation for building trust and fostering teamwork to live our mission and vision.
1.2 Personnel Policy
In accepting employment with the City each employee agrees to be governed by and to comply with ordinances, these Rules, the Administrative Policies, the rules, regulations, and directives of the department in which employed, and the memorandum of understanding in effect between the City and the appropriate employee organization, should one exist. Each employee is required to sign a statement of receipt acknowledging that they have received a copy or has been provided access to these Rules and understands that they are responsible for reading and becoming familiar with the contents and any revision of these Rules.
1.3 Equal Employment Opportunity
It is the policy of the City of Oakley to provide equal opportunity in employment for all persons to prohibit discrimination. This policy of equal employment opportunity applies to and must be an integral part of every aspect of personnel policy and practice in the employment, development, advancement, and treatment of employees to the extent permitted by law. • This Equal Employment Opportunity policy applies to all applicants, officers, volunteers, and employees without exception.
• The City shall not discriminate against qualified employees or applicants for employment on the basis of actual or perceived race (including traits historically associated with race, e.g. hair texture and protective hairstyles), color, religion, gender, gender identity, gender expression, national origin, ancestry, citizenship, age, marital status, physical disability, mental disability, medical condition, sexual orientation, reproductive health decisions, or any other basis protected by law, or on the basis of a perception that an individual is associated with a person who has, or is perceived to have, any of these characteristics.
• The City shall afford equal employment opportunity to all qualified applicants or employees with respect to compensation and all 117
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terms and conditions of employment, including hiring, training, promotion, transfer, discipline, and termination.
• Employees who believe they have experienced denial of equal employment opportunity or discrimination are encouraged to report this experience immediately to their supervisor or the Human Resources Director. The City shall promptly investigate the report in accordance with Section 28 Harassment and Discrimination Prevention.
1.4 Powers of the City Manager
The City Manager is the chief administrative officer and the head of the administrative branch of the City Government. Whenever the term "City Manager" is used in these Rules, it shall include the City Manager, or any person designated by the City Manager to carry out any function required by these Rules. When any officer or employee other than the City Manager is assigned a duty or responsibility under these Rules, such assignment is subject to the direction and control of the City Manager, and the City Manager shall have the right to perform such duty or responsibility or to assign it to any other officer or employee.
Subject to Section 2.2.114 of the Oakley Municipal Code, the City Manager has the power and authority to:
• Establish, when not in conflict with these Rules, such other policies, procedures, rules, and regulations necessary for the control and supervision of the affairs of the City.
• Appoint and remove all Department Directors, officers, and employees of the City, except those officers appointed by the Council.
• Transfer, promote, demote, reemploy, reinstate, discipline, layoff, reduce in salary, suspend, or dismiss City employees, except for those officers appointed by the City Council.
The City Manager shall interpret, apply, administer, and enforce the provisions of these Rules, any ordinances or resolutions relating to personnel matters, the employer-employee relations resolution, the memoranda of understanding, and any other pertinent regulations, directives and policies which relate to the City's personnel system.
The City Manager may delegate to the Human Resources Director any of the powers and duties conferred under these or other City rules, regulations, resolutions, or ordinances. The Human Resources Director, or designee, shall be responsible for the administration of these Personnel Rules.
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1.5 Management Rights
The City of Oakley retains the exclusive right, except as expressly stated herein, to operate and direct the affairs of the departments of City government and all the various aspects including, but not limited to:
• The right to direct the work force.
• To plan, direct and control all operations and services of the City. • To determine the methods, means, organization and schedule by which such operations and services are to be conducted. • To assign and transfer employees within the various departments. • To hire, promote, suspend, demote, discharge, reprimand and evaluate employees.
• To relieve employees from duty due to lack of work or other legitimate reasons set forth in the Rules.
• To change or eliminate existing methods, equipment, or facilities to maintain or increase the efficiency of governmental operations. • To exercise complete control and discretion over its organization and the technology of performing its work.
These Management Rights also included but are not limited to the following:
• To determine the mission of its departments, commissions, and boards and to determine issues of policy.
• To set standards of service to be offered to the public. • To exercise control and discretion over its own organization and operations.
• To determine methods of financing.
• To determine the methods, means, number and kind of personnel by which its operations are to be conducted, including the right to contract or subcontract work or City functions and to determine workloads and staffing patterns.
• To prescribe qualifications for employment, selection procedures and standards, job classifications, and to reclassify employees in accordance with applicable resolutions, rules, and ordinances of the City.
• To administer the City’s personnel system; to reclassify positions; to amend the compensation plan and to add or delete positions or classes.
• To issue reasonable employee performance standards and to require compliance therewith.
• To maintain order, efficiency and safety in its facilities and operations.
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Nothing herein shall be deemed a waiver or surrender of any management prerogative.
1.6 Department Rules and Regulations
Department Directors may develop, implement, and revise as necessary any departmental policies, procedures, rules, and regulations pertaining to unique operational requirements and their effect upon departmental personnel as needed for the full performance of duties and responsibilities and which are not contrary to these Rules.
All departmental policies, procedures, rules, or regulations must be approved by the City Manager.
1.7 Application of Personnel Rules
The provisions of these Rules shall apply to all officers, positions, and employees within the City, except the following positions and except as otherwise indicated within a specific provision of these Rules:
• Elected officials.
• Members of appointed boards, commissions, and committees. • Persons engaged under contract to render professional, scientific, technical, or expert services for a definite period.
• Volunteer personnel who receive no regular compensation from the City.
• Where a particular rule or article expressly states it does not apply to certain employees and/or positions or applies only to certain employees and/or positions.
1.8 Adoption of Personnel Rules
The Personnel Rules shall be established by resolution adopted by the City Council.
1.9 Amendment and Revision of Personnel Rules
Proposed amendments to, or revisions of the Personnel Rules shall be submitted to the City Council in writing by the Human Resources Director after approval of the City Manager.
1.10 Conflict of Personnel Rules
If one or more provisions of these Rules contradict provisions included in a memorandum of understanding currently in effect between the City and a formally recognized employee organization, the terms of the memorandum 120
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of understanding shall prevail. If there is a conflict between these Rules and a federal or state law, that law prevails. If there is a conflict between these Rules and an administrative regulation, these Rules prevail.
1.11 Rights of Management
The adoption of these Rules shall not be deemed a waiver or surrender of any management prerogative in relation to the organization or the necessity of any department or position.
1.12 Violation of Personnel Rules
Each employee is responsible for knowledge of and compliance with these Rules and any amendments hereto. Violation of the provisions of these Rules shall be grounds for disciplinary action, up to and including dismissal.
2 DEFINITION OF TERMS
All words and terms used in these Rules and in any other resolution, ordinance, or administrative procedures dealing with personnel policies or procedures shall be defined as they are normally and generally defined in the field of personnel administration. For convenience, however, the words and terms most commonly used are defined as follows:
2.1 Actual hours worked
All hours in which the employee actually performed work and does not include any paid or unpaid leave time, such as, but not limited to vacation and sick leave.
2.2 Advancement
A pay increase of one or more steps within the limits of the pay range established for a class.
2.3 Allocation
The official assignment of an individual position to its appropriate class in accordance with the duties performed and the authority and responsibilities exercised.
2.4 Applicant
Any person who has completed an application for a position.
2.5 Appointing Authority
The City Manager is designated as having the power to make appointments to any position to be filled.
2.6 Appointment
Employment of a person in a position.
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2.7 At-will
The employee serves at the pleasure of the City Manager, who retains the authority to terminate any such employee at any time with or without cause. An “at-will” employee has no right of appeal of discipline or termination.
2.8 Base Pay
The pay range and step established in the Compensation Plan, exclusive of any overtime, shift-differential, incentive or other excludable pay an employee may receive.
2.9 Candidate
Any person who has been accepted for participation in an examination.
2.10 Certification
The submittal to an appointing authority of a list consisting of candidates that have received and passed an initial interview for an appropriate recruitment effort.
2.11 City
The City of Oakley, California. Also includes the Successor Agency to the Oakley Redevelopment Agency, the Oakley Public Financing Authority, and any other governing body in which the City Council of the City of Oakley serves as the majority membership of the governing board.
2.12 Class or Classification
A group of positions sufficiently and substantially similar in duties, authority, responsibilities, and minimum qualifications for employment to permit combining them under a single title and the application of common standards of selection and compensation.
2.13 Classification Plan
The designation by resolution of the City Council of a title for each classification together with the specifications for each classification as prepared and maintained by the Human Resources Director.
2.14 Compensation
The salary or wage allowances, and all other forms of valuable consideration earned by or paid to any employee by reason of said service in any position excluding any allowances authorized and incurred as incidents to employment.
2.15 Compensatory time off
Paid time off from work in lieu of overtime pay.
2.16 Competitive Examination
One or more selection procedures used to assess the relative qualifications of a group of applicants or candidates.
2.17 Continuous Service
Employment without interruption, including approved leaves of absence to serve in the armed forces of the United States, as provided by Section 395 of the Military and Veterans Code, as amended.
2.18 Days
Calendar days unless otherwise noted.
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2.19 Demotion
The voluntary or involuntary movement of an employee from one class to another class having a lower maximum rate of pay, for disciplinary or other reasons.
2.20 Department
An organizational unit with responsibility for carrying out a function under the supervision of a Department Director.
2.21 Department Director
The director of an established office or department having supervision of such department and office. Department Directors or other management employees that report directly to the City Manager serve “at-will.”
2.22 Dismissal
The involuntary separation of an employee from City service.
2.23 Domestic Partner
“Domestic partner” as defined in the California Family Code.
2.24 Elected Official
A person who is elected by the citizens to collectively decide on policy issues for the agency. This includes anyone appointed to fill a vacancy in a City elected office.
2.25 Eligible Candidate
A person who has earned a place on an employment list established by competitive examination.
2.26 Employment Date
For retirement, sick leave and other benefit purposes, the effective date of an employee’s initial appointment to a full-time or part-time position.
2.27 Employment List
A list of names of persons who may be considered for employment with the City under specific conditions. Such lists may be designated as either a re-employment, reinstatement, promotion, or open employment list.
2.28 Employment Status
The type of an employee’s appointment, such as regular, probationary, or limited service.
2.29 Examination
The selection procedures used to measure the knowledge, skills and abilities of the persons applying for a position.
2.30 Executive Management
The group of employees comprised of the City Manager, City Attorney, Assistant City Manager, and all Department Directors.
2.31 FLSA
The Fair Labor Standards Act.
2.32 FLSA Exempt
All employees who meet one or more of the duties test exemptions from overtime under the FLSA (e.g., executive, administrative, professional) and who are paid on a salary basis. FLSA exempt employees are not eligible for overtime compensation.
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2.33 FLSA Non-Exempt
Employees who are eligible for FLSA overtime compensation.
2.34 Full-Time Employees
Generally, a full-time employee works a 40-hour workweek (1.0 FTE).
Should a full-time employee work an extended schedule of less than 40 hours per week, the employees leave accruals and City contributions towards benefits are pro-rated so as to be proportional with the percentage of full-time hours that they perform.
2.35 Layoff
The termination of an employee from City service for reasons of economy, efficiency, reorganization, or other non-disciplinary reason.
2.36 Leave
Absence, with or without pay, by an employee from work.
2.37 Limited Service
Those types of positions which do not provide full-time employment throughout a fiscal year. The kinds of positions assigned to the Limited Service include temporary, part-time, student, and seasonal positions.
Appointment to such positions is noncompetitive and incumbents do not acquire status in the class to which assigned by virtue of such employment. Limited-service positions are “at-will” and may be terminated with or without cause and without right of appeal.
2.38 Overtime Work
All actual hours worked by a non-exempt employee in excess of forty (40) hours in the employee’s designated workweek, except as otherwise designated by an applicable memorandum of understanding, as otherwise designated for employees on an approved flexible work schedule, or as designated under the FLSA.
2.39 Part-Time Employee
Employees that work an average of 20 hours per week or less. Part-time employees accrue sick leave consistent with statutory requirements but are otherwise ineligible for City benefits, unless otherwise specified in these Rules. Part-time employees may include those employees working more or less than 1,000 hours per year as well as seasonal or limitedservice appointments. Part-time employees are considered at-will and may be terminated at any time with or without cause and without right of appeal.
2.40 Pay Range
A series of base salary steps to which a class may be assigned.
2.41 Permanent Appointment or Permanent Status
The type of status granted an employee who has successfully completed an official probationary period for a particular class and in a regular position.
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2.42 Position
A combination of duties and responsibilities assigned to a single employee and performed on either a full-time or part-time basis. A position may be occupied or vacant.
2.43 Probationary Appointment
The initial appointment of an employee into a position that begins a probationary period.
2.44 Probationary Period
The final stage of the recruitment, examination, and selection process where a new or promoted employee is required to demonstrate a meets standards or better performance of the position’s duties. During this period, the employee is at-will and may be dismissed from the probationary appointment at any time without cause and without right of appeal or hearing.
2.45 Promotional Appointment
The advancement of an employee from a position in one classification to a position in another classification having a higher maximum salary range.
2.46 Reclassification
The permanent reassignment of a position to another classification due to the material change of the job duties of a position.
2.47 Re-employment
The reappointment of a former employee (from a layoff re-employment list) who had a permanent appointment with the City at the time of layoff.
2.48 Regular Day Off (RDO)
The scheduled day off (the first and third Fridays) following eight nine-hour days and one eight-hour day in a two-week period, stemming from the modified 9/80 work schedule.
2.49 Rehire
The reappointment of a former employee who does not have reemployment or reinstatement rights at the time of returning to the payroll.
2.50 Reinstatement
The probationary appointment of an employee after the employee who resigned in good standing from a permanent regular position or the return of an employee from a non-disciplinary demotion to a position which the employee held not more than one year previously. In either case reinstatement must occur not more than one (1) year from the date of separation. Such reinstatement may be done without further competitive examination.
2.51 Resignation
The voluntary separation of an employee from City employment. Notice of resignation shall be final and may only be rescinded with approval of the City Manager.
2.52 Retirement
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2.53 Seasonal Employees
Employees that work less than nine months in a given year whose job is temporary and only necessary for a short-term period. Seasonal employees accrue sick leave consistent with statutory requirements but are otherwise ineligible for City benefits. Seasonal employees are at-will and may be terminated at any time with or without cause and without right of appeal.
2.54 Selection Procedure
The process by which employment decisions are made, including but not limited to application screening, written tests, oral interviews, performance tests, background investigations, assessments of physical or mental condition, and probation periods.
2.55 Separation
The voluntary or involuntary termination of employment from City service.
Separation may include death, dismissal, layoff, resignation, retirement, or work completion.
2.56 Step Advancement
The merit-based increase of an employee’s salary to a higher salary level within the established salary step range for the employee’s classification.
2.57 Suspension
The temporary separation without pay imposed for disciplinary purposes.
2.58 Termination
Involuntary separation of an employee from City service.
2.59 Transfer
The reassignment of an employee from one position to another position in the same classification or another classification having the same maximum salary range, involving the performance of essentially similar duties, and requiring substantially the same minimum qualifications.
2.60 Vacancy
A duly created position for which budget has been allocated, but which is not occupied.
2.61 Y-Rated
Employee’s current salary exceeds the top step of the salary range for their position and is frozen without increases until the Y-rated salary falls within the salary range for the position classification. 3 POSITION CLASSIFICATION
3.1 Classification Plan
The City Council, upon recommendation of the City Manager, shall create and adjust classes of positions in the City service. These classes shall be known as the “Classification Plan.”
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Implementation of the Classification Plan
The Human Resources Director, in consultation with the City Manager and Department Directors, shall recommend a
Classification Plan for all classifications which includes but is not limited to the following for each classification:
• The classification titles.
• A description of typical duties and responsibilities. • A statement of the desirable training, experience, and other qualifications of applicants for the classification.
• Whether the classification or any of its duties are safety sensitive.
• Whether the classification is FLSA exempt.
The Human Resources Director shall ensure that all positions within the same classification are substantially similar with respect to duties, authority, decision-making, character of work, and schedules of compensation.
Interpretation of Class Specifications
The class specifications are descriptive and explanatory and not restrictive. They are intended to indicate the kinds of positions allocated to the various classes and should not be construed as limiting the assignment of duties and responsibilities to any position. The use of a particular expression or an illustration as to duties should not be interpreted to exclude others not mentioned that are of similar kind of level of responsibility. The specification for each class should be considered in its entirety and in relation to other classes in the Classification Plan. Consideration should be given to the general duties, specific tasks, responsibilities, qualifications desired, and relation to other positions, as affording together a picture of the kind of employment the class is designed to embrace.
Periodic Updates
From time to time the Human Resources Director shall review the Classification Plan to ensure that it is accurate and make amendments to reclassify, add positions or classifications, or make other changes as necessary or appropriate.
Adoption by City Council
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The Classification Plan shall become effective only upon adoption by resolution of the City Council. Upon adoption, the Classification Plan shall take immediate effect unless otherwise specified.
Amendments
The classification or position descriptions may be removed or amended from time to time by City Council action when deemed in the best interest of City services. In addition, new classification or position descriptions may be added to the City’s Classification Plan.
If new positions are added to City services, such positions shall be allocated to an appropriate class by the Human Resources Director.
3.2 Positions
In accordance with these Rules, any position may be assigned, reallocated, or transferred to a different class by the City Manager and affected Department Director, whenever there is a need of such action because of change in duties or responsibilities of the position. All positions shall be included in the same class if:
• They are sufficiently similar in respect to duties and responsibilities so that the same descriptive title may be used.
• Substantially the same requirements as to education, experience, knowledge, and ability are required of incumbents.
• Substantially the same tests of capacities and fitness may be used in choosing qualified appointees.
• The same pay range or salary rate applies.
3.3 Emergency or Temporary Positions
Whenever, in the judgment of the Human Resources Director in consultation with the City Manager, it is necessary for a department to employ a person or persons on an emergency or temporary basis in a type of position for which there is no classification provided in the Classification Plan, then the Human Resources Director, in consultation with the Department Director and City Manager, may authorize such positions and shall fix the amount of compensation, and may determine the minimum qualifications for such additional employees.
If budget is not allocated for the emergency or temporary position, the position must be taken to City Council for the allocation of funds.
3.4 Classification Review
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Review of the classification of a position may occur in the following circumstances:
• One or more new positions are under consideration for possible establishment.
• Due to a change in organization or methods, a major change of the duties or responsibilities of an existing position is made which may require the reallocation of such position.
• A new class is created to which a position may more appropriately be allocated.
• Due to the removal of a position or combination of an existing position or class, an amendment to the Classification Plan is required.
Whenever a position is reclassified or reallocated, the existing position is to be deleted and a new position created in the class to which the position is to be assigned.
4 COMPENSATION PLAN
4.1 Compensation Plan Establishment
The City of Oakley is committed to maintaining fiscal integrity and high standards of accountability to the public in the expenditure of funds provided by taxpayers. The City establishes its compensation system in accordance with the principles of public accountability.
The Human Resources Director shall prepare a Compensation Plan that includes the following:
• The salary ranges for all, showing each steps’ rate of pay. • A designation of the position as full-time, part time or seasonal. • A designation of the position as paid on an hourly or salary basis.
These rules do not preclude the creation of separate management pay plans that, if adopted by the City Council, must be administered in accordance with the procedures adopted for such plan(s) by the City Council.
On a periodic basis, the Human Resources Director may survey benchmark classifications. Survey results shall be considered as one of the pieces of information used as a guideline in establishing or modifying compensation for a particular position or classification. 129
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The Human Resources Director shall also determine whether any modifications are necessary due to recruitment and retention issues, changes to positions or classifications, including changes to exempt or non-exempt status, resulting from a periodic review of the Classification Plan.
The Human Resources Director shall submit any modifications of the Compensation Plan to the City Manager for recommendation to City Council for adoption.
The City has established the following comparative cities for the purpose of establishing a market median:
Antioch, Brentwood, Martinez, Pittsburg, Pleasant Hill, San Ramon and Tracy
4.2 Compensation Plan Administration
The authorized pay ranges for the respective classes of positions with such amendments as may be adopted by the City Council from time to time by resolution shall be applied as follows:
Increases Within the Pay Range
Normally, and as a general rule, upon progress and productivity, employees shall be considered for a step advancement according to the following general plan:
• Steps: The letters A, B, C, D, E, etc. respectively, denote the various salary steps in the pay range.
• Step A: Step “A” shall typically be paid upon initial employment into a five (5) step pay range. Appointments at any step greater than A requires an explanation and support as to why the higher step is recommended and requires authorization from the City Manager. • Step Advances: At the completion of the applicable probationary period of employment, employees appointed at Step A are eligible for a step increase. All step advances will be effective on the first pay period following the first twelve (12) months of employment, unless probation is extended for any reason. Additional step advances will be on an annual basis thereafter until the attainment of the final Step.
o All step advances shall be based on a meets standards performance as shown from the evaluation by the
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employee’s Supervisor. Denial of step increases shall be based on documented performance evaluations.
o In rare circumstances, increases of more than one step for superior performance may be provided upon
recommendation by the Department Director and
approval of the City Manager.
• Step at Promotion: When employees are promoted, they shall normally receive the first step in the salary range for their new position. However, if such step results in a salary increase of less than five percent (5%), they shall receive a minimum five percent (5%) increase, provided that in no event shall the new salary exceed the final step in the promoted class. The City Manager may authorize an appointment to a position at any higher salary step in the pay range should the circumstance of the promotion warrant it.
Special Salary Adjustments: Notwithstanding anything in these Rules to the contrary, in order to correct gross inequities or to reward outstanding achievement and performance, the City Manager may, upon recommendation of the Department Director and the Human Resources Director, adjust the salary step of an incumbent of a particular position to any step within the pay range for the class to which the position is allocated. • At the discretion of the City Manager, employees who exhibit innovation and exceptional performance, going above and beyond normal job expectations, may be awarded a one-time lump sum merit award at any time. This award is not to exceed 10% of the employee’s annual base pay. Award requests will be submitted with written qualifications as to the significance of the award along with details of how this award meets the requirements. Any award recommended that exceeds 10% must be approved by the City Council.
Step Advancement Dates: Step advancement dates shall be established as of the effective date of the most recent step advancement, promotion or reinstatement into City service, or the effective date of a special salary adjustment as provided in Section 4.2 of these Rules. All step advances shall be effective the first day of the pay period following the step advancement date.
Applicable Salary Rates Following Pay Range Increases and Decreases
• Same Relative Step: Where a pay range for a given class is revised upward, the incumbents of positions in classes affected 131
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shall have their existing salary adjusted to the same relative step in the new pay range (Step B to Step B, Step C to Step C, etc.) and their next step advancement date shall not be changed.
• Retention of Salary and “Y” Rates: When a pay range is adjusted downward, incumbents may, on approval of the City Manager, be assigned a Y-rate designation to hold the
employee at the current salary rate, without increases, until such time as the salary range for the new classification is the same or exceeds the amount of the Y-rating. Any such Y-rate shall be indicated by a “Y” following the salary each time it appears on personnel records or transactions. Said Y-rate shall be canceled on vacancy of the position.
• Pay Range Change on Step Advancement Date: In the event that a pay range change becomes effective on an employee’s step advancement date, the employee shall first receive any within-range adjustment to which entitled and then receive the corresponding step adjustment.
• Pay Range Change on Date of Promotion: In the event that a pay range change becomes effective on the date an employee is promoted to a higher class, the employee shall first receive any corresponding step adjustment to which entitled in the lower class, and then the next higher step promotional adjustment as provided in Section 10.6 of these Rules.
4.3 Paycheck
Paychecks will be distributed on a bi-weekly basis on the normally scheduled pay date unless otherwise notified. Direct Deposit is preferred and pay stubs will be made available electronically utilizing the payroll software. For anyone not utilizing direct deposit, paychecks will be available for pick up in the Finance department on payday. If payday falls on a day that Finance is closed, it will be the employee’s responsibility to arrange pickup on the following business day.
4.4 Errors in Compensation
Each employee shall review each paycheck to ensure the employee was paid correctly. If the employee believes an error or irregularity has occurred, the employee must immediately call it to the attention of the employee’s supervisor who shall in turn notify the Finance Director. The City shall document all errors in compensation and the affected employees shall sign an acknowledgement for any corrections made. 132
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In the event of any underpayment of which the City becomes aware, the employee shall receive any amount due as soon as possible, but no later than the next regular paycheck.
In the event an employee receives an overpayment by the City, the employee shall reimburse the City for the total overpayment and the City may obtain reimbursement by payroll deduction(s). Typically, such repayment shall occur over a schedule equal to the amount of time over which the overpayment occurred but may be extended with approval of the City Manager. All repayments must be discussed and agreed upon by the employee and the Human Resources Director.
5 BENEFITS
All benefits are paid in accordance with the most current compensation and benefits resolution.
6 RECRUITMENT, APPLICATIONS AND APPLICANTS
It is the policy of the City of Oakley to recruit and select the most qualified individuals for positions within the City. Recruitment and selection shall be conducted in a manner that will ensure open competition, provide equal employment opportunity, and prohibit discrimination or favoritism because of race (including traits historically associated with race, e.g. hair texture and protective hairstyles), color, religion, gender, gender identity, gender expression, national origin, ancestry, citizenship, age, marital status, physical disability, mental disability, medical condition, sexual orientation, reproductive health decisions, or any other basis protected by law, or on the basis of a perception that an individual is associated with a person who has, or is perceived to have, any of these characteristics.
In the process of recruitment, selection, and retention, the City may consider various employment incentives. At the discretion of the City Manager, up to two (2) weeks of vacation and sick leave may be provided upon appointment to new employees who enter the City with prior local government experience. In no case, however, shall the city offer or authorize loans for real property to potential or existing City employees.
6.1 Recruitment
Positions to be filled shall be publicized by distributing announcements to those City divisions, surrounding government entities or other publications or advertising sources as deemed advisable and appropriate within the discretion of the Human Resources Director and in consultation with the 133
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affected Department Director(s). The Human Resources Department shall prepare an official bulletin announcing any proposed examination. The notice shall be posted on the City’s webpage for job opportunities. The notice shall be posted for at least ten (10) days prior to the closing date for receipt of applications. The notice may be posted for less time for a promotional only recruitment. The examination announcement shall contain all information of importance for consideration by potential applicants, including whether the examination is to be promotional only, open, both promotional and open, or continuously open.
When the City seeks only promotional candidates, distributions will be limited to internal sources. Additionally, when distribution of a job announcement would detrimentally delay the filling of a position the City, in its sole discretion, may opt to fill the position temporarily from immediately available sources. At the City Manager’s discretion, an employment list may be maintained and may be utilized to fill vacant positions. Eligible persons would be those who meet minimum qualifications and originally applied through a competitive process and were deemed suitable candidates during the competitive process. The eligibility list will expire after twelve (12) months.
6.2 Applications
Official application forms shall be available on the City’s Human Resources webpage for job opportunities. Applications shall be made using the City’s online platform. All applications must be submitted on or before the filing deadline stated in the job announcement.
When necessary to meet continued requirements for filling positions due to nonavailability of applicants for a classification or position or due to an increased vacancy rate or due to increased City needs, the closing date for any selection process may be indefinite and applicants may be tested continuously in such manner and at such times and places as may be provided by the City.
6.3 Disqualification of Applicants
The Human Resources Director may disqualify any applicant either before or after examination for any of the following causes:
• The applicant did not properly complete the application. • The application indicates on its face that the applicant does not possess the minimum qualifications for the position.
• The applicant is unable to perform the essential functions of the position sought, with or without reasonable accommodations. • The applicant is currently using illegal drugs.
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• The applicant has been convicted of a crime that may have an adverse impact on the applicant’s ability to perform the job for which the applicant is applying.
• The applicant is not legally permitted to work within the United States.
• The applicant has made false statement of any material fact or practiced or attempted to practice deception or fraud in making application for employment.
• For any material cause which in the judgment of the Human Resources Director would render the applicant unsuitable for the position, including a prior resignation from City service, termination from City service, or significant disciplinary action.
6.4 Notice of Rejection
The Human Resources Department shall email a notice of any rejection to the email address provided by the applicant on the application.
6.5 Incomplete or Late Applications
Applications received after the announced final date for filing may be accepted by the Human Resources Director. Acceptance in this case will be based on a reasonable explanation being given by the applicant which is satisfactory to the Human Resources Director. Such acceptance is expected to be rare and must take place prior to any scheduled examination for the class in question.
7 EXAMINATIONS
7.1 Responsibility
The Human Resources Director, in consultation with the Department Director, will determine the manner and methods, and by whom examinations shall be given. All examinations and background checks will be job-related and consistent with a business necessity.
Examinations shall be competitive and may consist of written tests, oral tests, performance tests, evaluations of prior training and performance, experience and education, interviews, style assessments, file review, or any combination thereof. The Human Resources Director shall be responsible for the selection of material and types of exams to be provided.
7.2 Need for Examinations
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The Human Resources Director shall schedule examinations as necessary. If there is a vacancy or one is anticipated, or if a provisional appointment is made, an examination will be conducted as soon as practicable to establish or supplement an employment list.
The content of any test or examinations will be kept confidential prior to the administration of the exam.
7.3 Rating
In all examinations, the minimum grade or standing for which eligibility may be earned shall be based upon all factors in the examination, including educational requirements, experience, and other qualifying elements as shown in the application of the candidate or other verified information. At the discretion of the Human Resources Director, failure in one part of the examination may be grounds for declaring the applicant as failing in the entire examination, or as disqualified for subsequent parts of an examination.
7.4 Notification of Examination Results
Every applicant taking part in the examination process shall be given written notice of the results via the email provided on the application. Any claim of error in rating or grading, must be submitted to the Human Resources Director no later than ten (10) days after the effective date of the eligibility list, to be considered for correction. Applicants shall be provided timely access to all information reasonably necessary to determine if an error in rating or grading has occurred.
However, applicants may be prohibited from inspecting examination papers if review of such materials is prohibited by the consulting agency that prepared the examination. Applicants cannot have access to the rating sheets of the individual raters, but upon request may have access to a composite description of the rating sheets. Corrections of errors in grading shall be made within the discretion of the Human Resources Director. Applicants have no further right of appeal of examination results. 8 ESTABLISHMENT AND THE USE OF EMPLOYMENT LISTS
8.1 Types of Lists
The following types of employment lists shall be established by examinations with the type of employment list to be established determined by the Human Resources Director.
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Promotional Employment List
If there are less than three (3) applicants on a promotional eligibility list, the Human Resources Director, in consultation with the Department Director, may declare the list invalid and announce a new recruitment and examination period. In the alternative, the Human Resources Director may make a temporary appointment until eligible candidates can be certified after appropriate examination.
Open Employment List
If less than five (5) names of qualified applicants are available for a new appointment, the Human Resources Director may declare the list invalid and announce a new recruitment and examination period.
8.2 Use of Employment Lists
Employment lists shall be valid and in effect for a period of one (1) year.
An eligibility list may be extended upon the recommendation of the Human Resources Director and by action of the City Manager for additional sixmonth periods, but in no event shall a list remain in effect for more than two (2) years.
8.3 Eligibility for Promotional Examinations
All candidates for promotion must currently be employed in a full-time or part-time position with the City and must possess the minimum qualifications as set forth in the specifications of the class to which the promotion is sought.
8.4 Availability of Candidates
It shall be the responsibility of candidates to notify the Human Resources Department of any change of address or other change affecting availability for appointment. The Human Resources Department may circulate employment lists or use other methods to determine the availability of candidates and may indicate the conditions under which appointment may be offered. Candidates who decline to be considered or indicate unwillingness to accept employment under the offered conditions will be deemed to not be further considered for that position.
8.5 Removal of Names from Employment, Reinstatement or Reemployment Lists The Human Resources Director may remove the name of any eligible candidate from an employment list for any of the following reasons:
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• The candidate requests the removal in writing.
• The candidate fails to respond to a written offer of employment within five (5) business days of electronic notification. • A subsequent report of a character investigation is unsatisfactory. • Removal from a promotional list is automatic upon separation from the City. If the separated employee is on an open list, approval from the City Manager must be sought to remain on the open list.
8.6 Flexible Staffing
The City reserves the right to conduct an open or internal recruitment to fill a vacancy or to fill a vacancy by promotion or transfer of an employee with the approval of the City Manager.
9 APPOINTMENTS
The City Manager or designee shall make an appointment by extending a conditional offer of appointment to an applicant. If the applicant accepts the offer of appointment, the appointment shall be deemed completed, subject to successful completion of any required pre-employment medical examination(s) or assessments. If the applicant does not accept the offer of appointment within the time period designated by the City Manager or designee, the offer shall expire and the offer of appointment shall be deemed declined by the applicant.
However, an offer of an appointment to a City position and acceptance of that appointment does not create a contract of employment between the City and appointee. City employment is not held by contract, but rather is governed by these Rules and Council resolutions.
9.1 General Requirements for Appointment
Pre-Employment Screenings
As part of the pre-employment procedure, applicants may be required to supply references and submit to a thorough background investigation, including LiveScan fingerprinting. Safety employees shall be subject to investigation in accordance with Department of Justice and Police Officer Standards and Training requirements. In the case of employees handling money or other valuables in the course of their duties, a credit check may be done in accordance with applicable law.
All offers of employment shall be contingent upon the appointee passing appropriate medical and psychological examination and testing to determine whether the candidate can perform the essential functions of the job, with or without reasonable accommodation. Such pre-employment 138
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screenings may also include screening for illegal drug use. If the examination reveals that the candidate cannot perform the essential functions of the job, with or without reasonable accommodation, or that the person uses illegal drugs, the person may be disqualified from consideration for employment.
If a candidate is disqualified from appointment to a position for failing to meet the medical and psychological standards for the job class, the candidate may file a written request to review the disqualification. Such request must be submitted to the Human Resources Director no later than five (5) working days after the date of the notification or disqualification.
The candidate may submit medical evidence supporting a claim that they should not have been disqualified. Submittals shall be accepted for a period of fifteen (15) days, commencing with the date of notification of disqualification. In case of a genuine dispute, the City may require the candidate to be examined by a physician or medical evaluator of the City’s choice. Any such examination shall be paid for by the City. The City shall make the final determination based on this examination. If the disqualification is upheld, the candidate has no further right of appeal of the City’s determination.
9.2 Applicable Pay Upon Employment
Those appointed to a position shall be paid the designated rate of pay or salary for that class as provided on the approved salary schedule. 10 TYPES OF APPOINTMENTS
10.1 Management Employees
Management employees, including Department Directors and other designated positions with significant responsibilities and that report to the City Manager are “at-will” and can be terminated with or without cause and without the right of appeal. Management Employees are paid on a salary basis and are exempt from overtime provisions pursuant to FLSA guidelines.
10.2 Probationary Employees
Probationary employees are those persons who, through the examination or promotional process, have been appointed to an authorized position but who have not completed their required probationary period. Except as noted below, probationary employees are considered “at-will” and can be released from employment during the probationary period with or without cause and without the right of appeal.
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An employee who is in a probationary period solely because of a promotion, is subject to the provisions relating to “Status of Employee Following Promotion” in Section 10.6 below.
10.3 Regular Employees
Regular employees are those persons who have been appointed to an authorized full-time position and who have successfully completed their probationary period. An employee appointed to a regular full-time position shall earn regular status in a classification only if the employee successfully completes the applicable probationary period. Regular employees include those working forty (40) hours per week on a consistent basis. In rare instances, regular employees may also include an employee working a reduced or modified scheduled for a set period of time and only when approved by the City Manager.
10.4 Part-Time Employees
Part-time employees are those persons who have been appointed to a position working less than forty (40) hours per week. Part-time employees are considered “at-will” employees and may be terminated with or without cause and without the right of appeal. Part-time employees are not subject to receive benefits unless otherwise stated within these Rules.
Part-Time employees will not be eligible for a salary adjustment except as provided in a Council approved compensation resolution.
However, Department Directors may make recommendation to the City Manager for salary adjustments at an earlier date if circumstances warrant such adjustment.
10.5 Limited Service, Seasonal Appointments
Limited-Service and Seasonal employees are those persons who have been appointed to a limited-service position as defined in these Rules.
Limited-Service positions include but are not limited to temporary, limited term part-time, intermittent, student, intern, emergency and seasonal.
Limited-service and seasonal are considered “at-will” employees and may be terminated with or without cause and without the right of appeal and have no property interest in their employment with the City.
Limited-service employees will not be eligible for a salary adjustment except as provided in a Council approved compensation resolution. 140
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However, Department Directors may make recommendation to the City Manager for salary adjustments at an earlier date if circumstances warrant such adjustment.
10.6 Promotion
The appointment of any employee to a position in a class which has a higher maximum salary than the employee’s present position constitutes a promotion. Such an appointment will be made at the recommendation of the Department Director and the approval of the City Manager. If this promotion will create an expenditure, not allocated for in the department budget, the request along with the budget adjustment will be brought before the City Council.
Promotions will typically be made after an internal or external recruitment process or filled off an established recruitment listing. With approval of the City Manager, in some cases, a promotion of an employee may be done without the recruitment process if it is deemed the City has a highly qualified candidate on staff and filling the position immediately is in the best interest of the City.
Applicable Pay Following Promotion
In the case of the promotion of any employee, such employee shall be entitled to receive the rate of compensation in the entrance step of the pay range for the class to which the employee has been promoted. In cases of promotion where the pay range overlaps, the employee shall be placed at such step in the pay range of the higher class as to provide at least five percent (5%) more basic salary than the employee receives in the lower class. Provided, however, that the application of this provision does not exceed the highest salary step in the authorized pay range for the higher class. The City Manager may authorize an appointment to a position at any higher salary step in the pay range upon the recommendation by the Department Director, as outlined in Section 9.2.
Effective on the date of the promotion, a new salary evaluation date shall be established for purposes of eligibility for consideration for future salary step advances within the pay range of the higher class. In the event the promotion occurs on the employee’s salary evaluation date, such employee shall first receive any within-range increase to which the employee is otherwise entitled in the lower class, and then the promotional salary adjustment as provided above.
Status of Employee Following Promotion
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When a promoted employee (excluding at-will employees) successfully completes the probationary period for a class the employee gains permanent status in the new class and gives up permanent status in the former class.
Any employee who does not successfully complete the probationary period in the promoted class, may return to the position and status held prior to promotion providing there is a vacancy, unless the reason for rejecting the employee during the probationary period from a position to which promoted would have been sufficient to cause dismissal from the former position as well. If no vacancy exists, the employee will be placed number one on the re-employment list.
10.7 Transfer
A Department Director may, in consultation with the Human Resource Director and the City Manager, at any time and for any reason, transfer an employee from one position to another position in the same or comparable classification with the same or comparable qualifications and without loss of compensation.
If such transfer involves a change from one department to another, both Department Directors should be consulted before the action shall be considered effective.
Whenever possible, an employee being considered for a transfer shall be notified within a reasonable period in advance of the effective date of such contemplated transfer and the wishes with respect to this action shall be considered to whatever extent practicable, consistent with the interest of efficient operations of the departments concerned.
Applicable Pay Rates Following Transfer
In the case of the transfer of any employee from one position to another in the same class or to another class to which the same pay range is applicable, the employee shall remain at the same salary step and shall retain the salary same evaluation date. If the salary range is slightly different the employee will be placed in the step closest to their current salary without lowering their current salary.
Status of Employee Following Transfer
A transfer of a permanent employee from a position in one class to another class having related duties and responsibilities and the same maximum salary shall be made only upon written approval of the Human 142
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Resources Director that the employee possesses the qualifications for employment in the new class.
In such case, no further competitive examination is required, and the employee shall assume permanent status in the class to which assigned.
However, an employee currently serving a probationary period shall not be transferred to a position in another class for which an employment list exists, unless directed by the Human Resources Director. In such case, the employee shall start a new probationary period effective on the date of the transfer.
10.8 Voluntary Transfers
Employees who desire a transfer may submit a request for voluntary transfer to their Department Director for consideration. Collectively, the Department Director, Human Resources Director and City Manager may deny the transfer request at their sole discretion. If an employee voluntarily transfers to another position in the same or comparable classification and is not successful, the employee may, at the collective discretion of the Department Director, Human Resources Director and City Manager, return to a former position if that position is vacant. The employee’s salary evaluation date shall remain the same as it was before the transfer and the salary range will go back to the range of the previous position, even if that means lowering the salary.
10.9 Qualified Disabled Employees
The City may initiate a transfer of a qualified disabled employee to another position as a reasonable accommodation for the employee’s disability.
Such transfers may have priority over any candidates on an existing eligibility list.
10.10 Demotion
An employee may be demoted at their request, as a result of reduction in force, for disciplinary reasons, or for other cause. In all cases, the Department Directors concerned, in consultation with the Human Resources Director and City Manager, shall approve or deny the demotion and notify the employee in writing.
A demoted employee shall be required to serve a probationary period in the lower classification unless the lower classification is in the same class series, or the employee previously completed probation in the lower classification. In the event the demoted employee does not pass probation, the employee shall be terminated from employment without the 143
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right of appeal. The effective date of a demotion shall establish a new salary evaluation date.
An employee may request a voluntary demotion to a lower classification in which the employee meets the minimum qualifications. The request shall be in writing and submitted to the City Manager for consideration. The City Manager may approve or deny the demotion request at their sole discretion. If approved, the employee shall sign an acknowledgement of voluntary demotion and reduction of salary and benefits.
If an employee voluntarily demotes to another position in the same or comparable classification, the employee’s salary evaluation date shall remain the same as it was prior to the demotion.
Applicable Pay Following Demotion
An employee who is demoted to a class in the City service with a lower maximum salary shall be assigned to a salary step in the lower pay range according to the following rules:
Disciplinary Demotion
If a disciplinary demotion, any designated step in the lower pay range which is at least one (1) step less than the dollar amount received in the pay range for the class from which demoted. A new salary evaluation date shall be established as of the effective date of demotion.
Non-Disciplinary Demotion
If a non-disciplinary demotion, pay should be the salary step in the pay range for the lower class which the employee would have received had the employee’s service in the class from which demoted been continuous in said lower class. The employee’s previous salary evaluation date shall be retained.
Status of Employee Following Demotion
If the demotion involves an employee with permanent status, then the demoted employee shall assume permanent status in the class to which demoted and give up permanent status in the class from which demoted only if the findings of the Human Resources Director are that the employee meets the qualifications of the class to which demoted, and (if required under the provisions above), upon completion of a new probationary period. If the employee does not have permanent status in the higher class, the employee shall serve a new probationary period in the demoted position.
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10.11 Reclassification
An employee may be reclassified without competitive exam if the Human Resources Director determines the employee has met the minimum qualifications of the new classification and has performed the duties of the reclassified position for a considerable length of time. Reclassification shall not be used for the purpose of avoiding competitive selection processes.
The employee’s salary evaluation date shall not change as a result of the reclassification. When a position is reclassified from one existing class to another existing or new class under Section 3.4. of these Rules, the following shall apply to the incumbent:
Applicable Pay Following Reclassification
If a position is reclassified to a class having the same maximum salary, the salary and the salary evaluation date of the incumbent shall not change. If a position is reclassified to a class which has a higher maximum salary, the salary shall be adjusted in accordance with Sections 4.2 and
10.6 of these Rules. If a position is reclassified to a class with a lower pay range, the salary of the incumbent shall not change.
Status of Incumbents in Reclassified Positions
Whenever reclassification occurs, an employee occupying the position may be retained in the position after it has been reclassified without further competitive examination, provided that the Human Resources Director in consultation with the Department Director, finds that:
• The reclassification results from an official recognition of a change in duties and responsibilities which has already occurred. • The addition of duties and responsibilities (justifying allocation to a different classification) was not the result of planned management action.
• The performance of the duties and responsibilities of the incumbent has been satisfactory.
• The incumbent possesses the knowledge, skills, and abilities of the qualifications of the different class.
• The incumbent has permanent status in the class to which the position was formerly allocated.
10.12 Acting or Interim Position
Employees directed to work in a vacant higher level regular position may receive a temporary salary increase to the beginning of the salary range of 145
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the higher position or at least a five percent (5 %) temporary pay increase, whichever is greater, when it is expected the employee will serve in the higher-level position in excess of twenty (20) workdays. If the interim appointment is initially not expected to exceed twenty (20) workdays but does in fact exceed twenty (20) workdays, the employee will be paid retroactively back to the first day in the higher position. For the purpose of these Rules, a vacant position is defined as an authorized regular position that is unoccupied due to attrition or due to the incumbent being on an extended leave of absence. The City Manager must approve these requests and may only approve such request upon certification that the assigned employee meets the minimum training and experience guidelines for the position. Employees assigned to an acting or interim role, will be expected to perform the full scope of duties as outlined in the job description of the higher-level position.
10.13 Emergency Appointments
To meet the immediate requirements of an emergency condition, such as major fire, flood, earthquake, or other public calamity that threatens public life or property, the City Manager may employ such persons as may be needed for the duration of the emergency without regard to the personnel ordinance, these Rules, or other rules and regulations affecting appointments. Such employees serve at the will of the City Manager and may be dismissed with or without cause and without any right of appeal. 11 PROBATIONARY PERIOD
11.1 Probationary Status
Any full-time employee shall be placed on probation for a period of twelve (12) months unless otherwise specified in a Memoranda of Understanding or other Council approved resolution. This section excludes at-will employees which includes those who report directly to the City Manager, part-time employees, and seasonal employees.
The probationary period for all promoted employees shall be six (6) months.
The probationary period shall be considered a part of the recruitment, examination and selection process and shall not include the time served under any limited service or provisional appointment but shall date from the time of appointment to a regular position after certification. This continuation of the testing process is intended to allow the City to determine if the employee can successfully perform the job duties and is a good fit for the organization.
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Leaves of absence or assignment out of the class totaling more than thirty (30) calendar days, for any reason, shall not be counted toward completion of the probationary period.
An employee will remain on probation until the City takes formal, written action to remove the probationary employee from the probationary status.
This will include a completed performance evaluation as well as a written memo informing the employee of the successful completion of probation.
11.2 Extension of Probation
With the approval of the City Manager and upon written notice to the probationer, the probationary period may be extended up to six (6) months for any new appointment or promotion should it be deemed necessary to further evaluate performance before making a regular appointment to the position.
11.3 Rejection from Probation
During the probation period, the employee may be rejected by the Department Director in consultation with the Human Resources Director and City Manager, at any time with or without cause and without right of appeal, hearing, or grievance procedure. No justification or cause need be provided to a probationary employee rejected from probation.
Any promoted full time employee, who is rejected during the probationary period, may be reinstated to a position in the classification from which promoted if a vacancy in such classification exists, unless there is just cause for the release from probation.
12 OUTSIDE EMPLOYMENT AND USE OF CITY PROPERTY
12.1 Prohibited Activity
Full-time employees are expected to devote full time to assigned duties as a City employee. An employee shall not engage in any employment, activity or enterprise which is inconsistent, incompatible or in conflict with City job duties, functions, or responsibilities, nor shall an employee engage in any outside activity which will directly or indirectly contribute to the lessening of the effectiveness as a City employee. No employee shall engage in any type of activity relating to an employee organization during such time an employee is on duty, except as expressly provided in these Rules, Memorandum of Understanding, or by law.
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12.2 Outside Employment
Employees may not engage in any employment or activities that create a conflict of interest, is unethical, or otherwise interferes with their City employment.
A City employee shall not perform any work, service, or consultation for compensation outside of City employment where any part of the efforts will be subject to approval by any officer, employee, board, or commission of the City of Oakley, unless approved in the manner prescribed by these Rules.
All employees occupying positions, who hold or wish to hold jobs outside their normal City employment must make a request to engage in outside employment and submit the request to the City Manager or designee.
Outside employment shall not be permitted if it conflicts in any manner with the employee’s duties and responsibilities with the City or is prohibited by law.
In deciding as to whether an activity creates a conflict or ethical question, the City Manager or designee shall consider, among other pertinent factors, whether the activity involves:
• Receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act that the employee would be required or expected to render in the regular course of City employment.
• The performance of an act or work which may later be directly or indirectly subject to the control, inspection, review, audit or enforcement by such employee or other City employees.
• Conditions or factors which might, directly or indirectly, lessen the efficiency of the employee in regular City employment or conditions in which there is a substantial danger of injury or illness to the employee.
• The use for private gain or advantage of City time, facilities, equipment and supplies, prestige, influence, or information obtained through one’s City office or employment. No City-owned facilities, equipment, or supplies, including autos, trucks, instruments, tools, supplies, machines, badges, identification cards, or other items which are the property of the City shall be used by an employee for personal or non-City business reasons.
• The solicitation of future employment with a business or individual doing business with the City over which the employee has some control or influence in the course of performing official duties. 148
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12.3 Authorization of Outside Employment
Notice of authorization of outside employment shall be in writing, utilizing the Request for Outside Employment Form (see Human Resources), with a copy placed in the employee’s personnel file. Denial of authorization of outside employment determination may be subject to the Grievance Procedure as set forth in Section 17 of these Rules.
12.4 Violations and Penalties
Any violation of these provisions regarding outside employment shall constitute grounds for disciplinary action up to and including termination.
12.5 Annual Approval Required
An employee must submit the Request for Outside Employment form annually to the City Manager for approval.
12.6 Changes in Outside Employment Status
The employee must promptly report in writing to the City Manager any of the following changes that may occur during the year of authorized outside employment.
• Outside employment ends.
• Any changes to work hours, locations, or types of duties.
12.7 Revocation or Suspension of Outside Employment Authorization Any outside employment authorization may be revoked or suspended during the year under the following circumstances:
• The employee’s work performance declines.
• An employee’s conduct or outside employment conflicts with the conditions of the outside work authorization or is incompatible with the employee’s work for the City.
13 PERFORMANCE EVALUATIONS
Performance evaluations are communication tools used to provide constructive feedback on work performance, professional relationships, goals, and expectations. Evaluation periods are also times for employees to notify their supervisors of any problems, concerns or suggestion that would help improve the 149
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City, the work environment, or the employee’s job performance. Any immediate concerns should be addressed as they arise and not wait for the annual evaluation.
Evaluations should be completed for all full time and part-time employees regardless of the number of hours worked. Seasonal employees are excluded from performance evaluations.
13.1 Frequency
Department Directors or their designees shall make a report of performance of each employee after completion of a probationary period and annually thereafter.
Unless changed in accordance with these Rules, these evaluation dates shall constitute the employee’s salary evaluation date for purposes of eligibility for a salary step increase.
Salary step increases will occur in the pay period following the employee’s hire or promotion date. The employee shall continue to receive performance evaluations on said date even after the employee has reached the top of the applicable salary range. In addition, a performance evaluation may be prepared at any other time at the discretion of the employee’s supervisor.
Employees hired before July 1, 2021, will receive their annual evaluation in June of each year and will be eligible for a salary step increase the first pay period in July of each year.
The employee shall receive a copy of the performance evaluation and shall have an opportunity to discuss said evaluation with the employee’s supervisor. The employee may also submit written comments or rebuttal to the evaluation which shall be part of the complete document to be placed in the employee’s personnel file.
14 EMPLOYEE CONDUCT
In order to accomplish the City’s mission, vision and core values as defined in Section 1.1 of these Rules, employees must take pride in their work, personally ensure all members of the public are being served efficiently and courteously and present themselves in such a way to make the City proud. Accordingly, the highest standards of professional conduct are considered essential for all employees of the City. City employees must be committed to the core values of the City at all times.
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14.1 Appearance Standards
These dress code appearance standards are designed to promote the City’s legitimate and non-discriminatory goals to promote workplace safety and serve the community with a professional image.
Personal Appearance
The City expects employees to dress appropriately for the jobs they are performing and level of public contact they may have. The following dress code regulations shall apply to all City employees. If an employee has questions about how these standards apply to them, the matter should be immediately raised with their supervisor for consideration and determination:
• All clothing and footwear must be neat, clean, in good repair, and appropriate for the work environment and functions performed. • Typical dress is business like professional attire (e.g., no jeans or sweats, no sweatshirts, shorts or tank tops, no flip flops, etc.). • Prescribed uniforms and safety equipment must be worn. • Good personal hygiene is required.
• Dress must be professionally appropriate to the work setting, particularly if the employee has contact with the public at work (e.g., appropriate length, not too loose, too tight, etc.).
• Clothing should have minimal or incidental graphics, branding, or logos. Any graphics, branding, or logos displayed prominently on the pants, chest, sleeves, face covering or back is prohibited, unless it is a City-provided garment with a City logo.
For positions that work most of their day outside in the elements, the dress code may be modified during extreme weather conditions with the approval of the City Manager (e.g., short may be allowed during summer months, etc.).
Casual Days
• In recognition of the desire to have a weekly casual day, the City has established a casual dress day on Fridays and the Thursday prior to the RDO. Employees must adhere to all of the personal appearance policies and should exercise good judgement and common sense when dressing casually and take into consideration any meetings that might require a professional dress. Casual attire should not include sweats or shorts. Jeans, t-shirts, or sweatshirts with City logo are considered casual attire. At the City Manager’s 151
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sole discretion, Casual Days can be eliminated or modified at any time.
• From time to time the City Manager may allow for themed days that will allow for employees to dress in a specific theme. It is expected dress remains appropriate and safe for the work performed but may allow for things other than the City logo to appear on articles of clothing.
Tattoos
Employees are expected to project a professional appearance while at work and must abide by the standards below. If an employee has questions about how these standards apply to them, the matter should be immediately raised with their supervisor for consideration and determination.
• No tattoos are allowed anywhere on the head, face, or neck. • Any visible tattoos shall not be obscene, sexually explicit, discriminatory to sex, race, religion, or national origin, extremist, and/or gang related.
Piercings
Employees are expected to project a professional appearance while at work and not endanger themselves or others with excessive body piercings. If an employee has questions about how these standards apply to them, the matter should be immediately raised with their supervisor for consideration and determination.
• No objects, articles, jewelry, or ornamentation of any kind shall be attached to or through the skin if visible on any body part including the tongue or any part of the mouth, except that of reasonably sized pierced earrings may be worn in the nose or ear lobe.
• Any non-conforming piercing shall be removed, covered with a bandage, or replaced with a clear, plastic spacer.
14.2 Off-Duty Social and Recreation Activities
The City may sponsor social or recreational activities for its employees.
Employee attendance at the social activities is voluntary and is not considered work-related. Neither the City nor its insurer will be liable for the payment of worker’s compensation benefits for any injury that arises out of an employee’s voluntary participation in any off-duty recreation, 152
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social or athletic activity that is not part of the employee’s work-related duties.
14.3 Smoking
The City is a smoke free environment including vaping and any other form of tobacco products. In accordance with California State Labor Code 6404.5, tobacco products of any kind will not be used while operating a City vehicle.
15 DISCIPLINARY ACTION
15.1 Authority to Discipline
Employees who hold non-probationary appointments, and are not at-will, shall not be disciplined without good cause. At-will and probationary employees are subject to dismissal without cause and without the right of appeal. For purposes of this section, disciplinary action shall be defined to include one or more of the following: oral reprimands, written reprimands, suspensions, demotions, reductions in pay, and dismissal. Oral and written reprimands may be initiated at the supervisor level. Disciplinary action more serious than a written reprimand must be initiated at the Department Director level in consultation with the Human Resources Director and the City Manager. The Human Resources Director shall be notified of any contemplated disciplinary action prior to the time it is taken, provided that in emergency situations or other instances when prior notification is not practicable, the Human Resources Director may be notified as soon as possible subsequent to the time the action is taken.
15.2 Grounds for Disciplinary Action
Good cause for disciplinary action exists not only when there has been an improper act or omission by an employee in the employee’s official capacity, but when any conduct by an employee brings discredit to the City, affects the employee’s ability to perform their duties, causes other employees not to be able to perform their duties, or involves any improper use of the employee’s position for personal advantage or the advantage of others. The type of disciplinary action shall depend on the seriousness of the offense and the relevant employment history of the employee. Causes for disciplinary action against an employee may include, but shall not be limited to, the following:
• Any action that brings discredit to the City or is a direct hindrance to the effective performance of City functions.
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• Being under the influence of an intoxicating beverage or nonprescriptions narcotic or drug while on duty or the failure to notify a supervisor, in writing, when the employee is taking prescription medication that can impair judgment or performance.
• Conduct unbecoming of an employee of the City.
• Conviction of any felony or misdemeanor in State or Federal court which is reasonably related to the individual’s position with the City. • Discourteous or non-cooperative treatment of the public, City elected officials, employees or volunteers.
• Dishonesty or immorality on the job, including making any false representation or statement or making any omission of a material fact.
• Improper political activity as defined by California law, Government Code Sections 3201-3209 that governs improper conduct related to elections and political activity.
• Willful violation of safety, endangering self or others, or failure to follow adopted safety practices or failure to properly used required personal protective gear and equipment.
• Engaging in outside employment without authorization. • Engaging in unlawful discrimination or unlawful sexual harassment in violation of the City’s policy and State and Federal law. • Excessive tardiness or absenteeism.
• Failure to obtain and maintain a current license or certificate as a condition of employment.
• Failure to report to work, remain on duty or return to duty after a requested leave of absence has been disapproved, revoked, or cancelled.
• Fraud of any kind; falsification of any City application, medical history record, invoice, paperwork, timesheet, investigative questionnaire, or any other City document.
• Improper or unauthorized use or misuse of City equipment or supplies, or damage to or negligence in the care and handling of City property.
• Inattention, inefficiency, incompetence, carelessness, or inexcusable negligence in the performance of duties.
• Insubordination or failure or refusal to comply with a lawful order or to accept a reasonable and proper assignment from an authorized supervisor.
• Misuse or misappropriation of City property or funds; carelessness or negligence with the monies or other property of the City; appropriating to the employee’s own use any property of the city, or loaning, selling, or giving away such property without legal authorization.
• Neglect of job duties.
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• Offensive or obscene language in public, or towards the public, City elected official, City employee or volunteer.
• Reporting for duty or being on duty under the influence of any intoxicant or absenting oneself from duty or rendering oneself unfit to perform fully one’s duties for reasons attributable to or produced by intoxicants.
• Taking for personal use, from any person, a fee, gift, or other valuable thing is given in the expectation of receiving favored treatment.
• Violation of the City’s or departments confidentiality policies, or disclosure of confidential City information to any unauthorized person or entity.
• Violation of any provisions of these Rules, official City policies and workplace conduct rules, and departmental policies, rules, procedures, and regulations.
This list is not to be considered all-inclusive as there may be other circumstances which employees may be disciplined for, up to and including termination.
15.3 Types of Discipline
Any authorized supervisory employee may propose disciplinary action for cause against an employee under their supervision in accordance with the procedures outlined in these Rules. In general, the City shall adhere to the principles of progressive discipline, but the City has the right to initiate disciplinary proceedings at any level up to and including termination where the circumstances warrant doing so.
Oral Reprimand - Verbally notifies the employee that their performance or behavior must be improved. Oral warnings are generally given by supervisors when counseling has failed to produce the desired changes.
The warning defines the areas in which improvement is required, sets up goals leading to this improvement, and informs the employee that failure to improve will result in more serious action. Although the supervisor makes a note of the content of the warning and sends a confirming memo to the employee, no record is placed in the employee’s permanent personnel file unless subsequent action is necessary. Supervisors will keep the oral reprimand in their file and utilize during the evaluation period as deemed necessary by the supervisor. Oral reprimands are not subject to the disciplinary appeal procedure set forth in these Rules.
Written Reprimand - Official notification to the employee that there is cause for dissatisfaction with the employee’s services and that further disciplinary measures may be taken if said cause is not corrected. Written reprimands should be given in consultation with the Human Resources 155
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Director. The supervisor shall provide a copy of the written reprimand to the employee as well as review the violation and the reasons for the reprimand. An acknowledgement of receipt will be requested, and the employee has the right to respond in writing within seven (7) days of the notification. Written reprimands shall be made a part of the employee’s official personnel record along with any response received by the employee and may be considered as pertinent evidence or information in any hearing. Written reprimands are not subject to the disciplinary appeal procedure set forth in these Rules.
Suspension without pay – The City Manager may suspend an employee for cause without pay, for up to thirty (30) calendar days per disciplinary occurrence. Suspension is considered unpaid leave; therefore, an employee will not accrue sick, vacation, insurance, retirement, etc.
Documents related to the suspension shall become part of the employee’s personnel file when the suspension is final and documented in the performance evaluation. Suspension is subject to the disciplinary appeals procedure set forth in the Rules.
Reduction in Step within range as a disciplinary measure - Is the withdrawal of step advancements granted for merit, efficiency, and length of service. Reduction in pay shall become effective on the effective date of the disciplinary action. Reduction may be made on a permanent or temporary basis. Reductions of pay are subject to the disciplinary appeal procedure set forth in these Rules.
Disciplinary Demotion - Shall be a reduction in classification to a classification having a lower maximum salary with reduction in salary as provided in Section 10.10 of these Rules. Demotion without consent may be made to the classification having the lowest maximum salary in the classification series or a classification series comparable to that within which the employee’s position is located. Demotion may be made on a permanent or temporary basis. Demotions are subject to the disciplinary appeal procedure set forth in these Rules.
Dismissal – Regular employees shall be terminated for cause after appropriate disciplinary proceedings have been followed. If necessary, an employee may be removed from services immediately and placed on paid leave pending the completion on an investigation and disciplinary determinations. The City Manager may terminate the employment of any at-will employee, at any time, with or without cause and without affording the employee a right to appeal. At-will employees are not subject to the disciplinary procedures as outlined in these Rules. Dismissals are subject to the disciplinary appeal procedure set forth in these Rules. 156
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15.4 Procedures for Disciplinary Action
The courts have established minimum procedural protections (due process) which public employers must provide to public employees who are subject to significant disciplinary action. These procedural protections apply to any public employee, who through the state or local agency laws, has acquired a right to be disciplined or terminated only for “good” or “just” cause. The City of Oakley will follow applicable legal requirements when taking disciplinary action.
These procedures apply to regular employees who are subject to dismissal, suspension, disciplinary demotion, or reduction in pay for disciplinary purposes. They do not apply to management employees, probationary, part-time, temporary, seasonal, or other at-will employees.
These employees may be disciplined or separated at-will, with or without cause, and without the disciplinary procedures listed below.
Investigation
If appropriate, the Department Director of the employee, or another impartial third party, shall conduct an investigation into the misconduct and shall prepare a report of the findings and submit the report to the Human Resources Director. The City Attorney shall be advised of any investigation and shall provide direction to the person who is conducting the investigation.
Notice of Proposed Disciplinary Action
Written notice of the proposed Disciplinary Action to be imposed shall be served on a regular employee personally or sent to their address of record by Certified Mail not less than seven (7) working days prior to the date of the proposed action. If served by Certified Mail, such notice shall be effective and constitute receipt by the employee upon deposit in the United States Post Office.
Such formal notice shall include:
• A statement of the nature of the Disciplinary Action to be taken. • A statement of the causes, therefore.
• A statement of the act(s) or omission(s) upon which the causes are based.
• A copy of the materials upon which the Disciplinary Action is based. • A statement informing the employee of their right to respond to the intended discipline within seven (7) days from the date of the notice, either by requesting a Skelly conference, or by providing a written response, or both.
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• A statement informing the employee of their right to have a representative of their choice present at all meetings related to the discipline, including the Skelly conference.
• Notice to the employee that failure to respond by the time specified constitutes a waiver of the right to respond prior to final discipline being imposed.
16 DISCIPLINARY APPEALS PROCESS
16.1 Right to Respond - “Skelly” Process
Any regular employee shall have the right to respond, either orally or in writing, to the authority (most likely the Department Director) imposing Disciplinary Action and have the response considered prior to any final decision being made with respect to the proposed discipline.
Such a response must be made within seven (7) working days after receipt of the written notice of the proposed Disciplinary Action. Failure to respond within such period constitutes a waiver of the right to respond.
However, failure to respond shall not affect the employee’s right to appeal the Disciplinary Action as provided in these Rules.
After reviewing the employee’s response, if any, the Department Director imposing discipline shall formally notify within seven (7) working days the employee in writing of their decision to dismiss, modify or impose the proposed discipline. If the Department Director determines to impose discipline, a final “Notice of Discipline” shall be served on the employee.
The final notice of discipline shall contain the following:
• The level of discipline, if any, to be imposed and the effective date of the discipline.
• The specific charges upon which the discipline is based. • A summary of the facts that show that the elements of each charge at issue in the intended discipline are met.
• A copy of all materials upon which discipline is based. • A reference to the employee’s appeal right and deadline to appeal.
The specified discipline, if any, may be imposed when the “Notice of Discipline” is received by the employee. The final notice must be sent by a mail method that verifies delivery to the last known address of the employee, email to the last known email of the employee or delivered to the employee in person. If the notice is not deliverable because the employee has moved without notifying the City or the employee refuses to accept delivery, the effective date of discipline will be the date the post office or delivery service attempted delivery.
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16.2 Right of Appeal
Any regular employee shall have the right of appeal for any disciplinary action, except for counseling, oral, and written reprimands.
Reclassifications, layoffs, demotions as a substitute for layoffs, changes in status due to employee’s loss of a required license or certificate, pay increases or denial of pay increases are “non-disciplinary” actions, and, as such, are not subject to appeal but may be addressed through the City’s grievance procedure as outlined in these Rules.
An appeal must be filed in writing with the Human Resources Director within seven (7) working days of the date of service of the “Notice of Discipline”. Failure to file an appeal within such period constitutes a waiver of the right of appeal and notice that the employee has accepted the recommended discipline. Filing a notice of appeal shall not stay the imposition of discipline.
16.3 Appeal Hearing
Due process requires that a permanent, for cause employee receive a post-disciplinary evidentiary appeal hearing before a nonbiased hearing officer or body. The City Manager will designate the hearing officer. The City will follow applicable legal requirements when an appeal hearing is requested.
16.4 Scheduling the Hearing
If the employee files a notice of appeal, an evidentiary hearing shall be arranged for by the Human Resources Director and in consultation with the City Attorney. Typically, the hearing officer shall be a non-affected Department Director. The hearing shall be scheduled on a mutually agreeable date, taking into account the availability of the parties and witnesses. The hearing will commence as expeditiously as it can be arranged, but no later than sixty (60) working days after receipt of the request for appeal. The parties can mutually agree to waive this timeline.
16.5 Conduct of Hearing
The hearing officer shall, in the hearing officer’s good judgment, determine the procedures under which the hearing will be conducted. Such procedures shall provide “due process” and comply with the provisions of these Rules. Both the City and the employee may call witnesses and present evidence that they deem necessary and appropriate. The hearing shall be closed to the public.
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16.6 Failure of Employee to Appear at the Hearing
Failure of the employee to appear at the hearing shall be deemed a withdrawal of their appeal and a waiver of the right to appeal.
16.7 Representation
The employee may represent themselves at the hearing or be represented by counsel or another representative of their choice.
16.8 Advisory Findings of the Hearing Officer
The findings of the hearing officer shall be rendered within twenty (20) working days of the hearing, or within a reasonable time thereafter, and shall be advisory only to the City Manager. Nothing in these procedures shall be construed as to bind the City or the City Manager to any findings of the hearing officer.
16.9 Decision by the City Manager
The City Manager may hold an additional meeting with the employee to discuss the advisory findings or may proceed on the record from the hearing. The City Manager shall render a written decision within twenty (20) working days after receiving the advisory findings of the hearing officer. The City Manager’s decision shall be final, conclusive, and binding on all parties. A copy of such decision shall be forwarded to the appellant.
16.10 No Retaliation
Retaliation or penalty against an employee requesting and participating in the appeal process will not be allowed nor will it be tolerated.
16.11 Reimbursement
If disciplinary action is subsequently revoked or modified by the City Manager, the employee is entitled to reimbursement for loss of pay, if applicable. Reimbursement is limited to the period between the date of initial action and the date of final decision after appeal. No reimbursement will be made for any period during which the employee was not ready and able to perform the duties of their position.
17 GRIEVANCE PROCEDURE
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The City is dedicated to positive employer/employee relations and will strive to maintain good working conditions, competitive wages and benefits, open communication, and employee involvement.
Communication is expected to follow the chain of command and an employee should bring all concerns regarding their job or working environment to their immediate supervisor. If the immediate supervisor is unable to resolve the concern, or is part of the concern, the employee should go to their Department Director. If the Department Director is unable to resolve the concern, the employee should seek assistance from the Human Resources Director, City Manager or City Attorney.
This procedure is intended to ensure that every reasonable effort will be made to resolve problems as near as possible to the point of origin.
17.1 Definition of “Grievance”
Subject to the exclusions listed in these Rules, a grievance is defined as any dispute involving the interpretation, application, or alleged violation of a specific express term of these Rules.
17.2 Eligibility to File a Grievance
Only full-time employees in regular non-probationary appointments who are adversely affected by an act or omission of the City are eligible to file a grievance.
17.3 Exclusion from the Grievance Procedure
The following matters are excluded from the definition of a “grievance”:
• Requests for changes in wages, hours, or working conditions. • The content of employee evaluations or performance reviews, except those that result in a loss of benefits to the employee. • Challenges to reclassification, layoff, transfer, denial of reinstatement.
• Challenges to examinations or appointment to positions. • Challenges to this grievance procedure.
• Disciplinary Actions.
17.4 Procedure
In almost every circumstance an employee should follow the “chain of command” as outlined in Section 17 of these Rules; however, if for good cause an employee feels uncomfortable about reporting a matter of 161
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concern to their immediate supervisor, Department Director, the Human Resources Director, or City Manager, then the employee
should report directly to the City Attorney.
17.5 Reporting Time Limitation
An employee who wishes to initiate the grievance process must bring the grievance to the attention of their Department Director within ten (10) calendar days after the employee knew, or reasonably should have known, of the circumstances which form the basis for the grievance.
Failure to do so will waive the employee’s right to pursue the grievance.
17.6 Informal Resolution Procedure
To initiate informal discussions of a grievance, the employee shall provide the Department Director with a written description of the circumstances causing the grievance within the time set forth in Section 17.5 and must indicate in the written description that the matter is being pursued as a grievance as outlined in these Rules. Within ten (10) calendar days after the receipt of the grievance, the Department Director and the employee shall discuss the grievance and attempt to identify a resolution of the perceived problem. Within ten (10) calendar days after the meeting, the Department Director shall provide the employee with a written memorandum of the meeting, stating the resolution identified, if any.
Employees must complete the informal resolution process prior to submitting a formal grievance.
17.7 Formal Grievance Procedure
If the employee and Department Director are unable to resolve the grievance by the informal resolution procedure, the employee may request a formal resolution of the grievance.
Written Grievance
A written grievance shall be submitted within ten (10) calendar days of the completion of the informal resolution process to the Human Resources Director, with a copy to the employee’s Department Director. The grievance shall contain the following information:
• A description of the specific grounds of the grievance, including names, dates, and places necessary for a complete understanding of the grievance.
• A listing of the provisions of City Rules, ordinances, policies, and procedures which are alleged to have been violated.
• A list of all persons who are witnesses or who are involved. 162
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• A listing of the reasons why the Department Director’s proposed resolution of the problem is unacceptable.
• A listing of specific actions requested of the City, which will remedy the grievance.
Grievance Meeting
The Human Resources Director shall meet within ten (10) calendar days with the employee and the Department Director, separately or together, at their discretion, to resolve the subject of the grievance. The Human Resources Director shall issue a written decision concerning the grievance within ten (10) calendar days from the date of the last meeting with either the employee, Department Director, or both.
Appeal Process
The employee may submit a written appeal to the City Manager if the Human Resources Director’s decision does not resolve the grievance to the employee’s satisfaction. The employee appeal must be presented within ten (10) calendar days after receipt of the formal grievance decision. The appeal shall include the subject of the grievance and all supporting documents. If the City Manager is the supervisor involved in the informal grievance resolution procedure, then the City Attorney shall hear the appeal. If no appeal has been submitted within ten (10) calendar days from the date of receiving the formal decision, the Human Resources Director’s formal decision shall be considered as final.
City Manager Decision
Upon receipt of an appeal of a formal grievance, the City Manager, or designee, shall discuss the grievance with the employee, the supervisor or Department Director, and any other involved parties, if any. The City Manager, or designee, shall render a formal decision in writing to the employee within ten (10) calendar days after receipt of the appeal. Such a decision shall be considered final.
Timelines
Failure of the City to comply with the time limits of the grievance procedures allows the employee to appeal to the next level of review.
Failure of the employee to comply with the time limits of the grievance procedure constitutes a settlement and resolution of the grievance on the basis of the last disposition. The parties may extend time limits by mutual written agreement in advance of a deadline.
Representation
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The employee shall be entitled to one representative at the grievance meeting. The employee and the employee’s representative may be allowed to use a reasonable amount of work time for the actual meetings involved in the grievance process, this does not include preparation time.
No Retaliation
Employees shall not be penalized or retaliated against in any way for using the grievance procedures or testifying as a witness in a grievance proceeding.
18 SEPARATION, RESIGNATION, LAYOFF AND REEMPLOYMENT
The following are recognized as formal types of separation from City Services:
Probationary Release
Release of Part-Time, Temporary or Seasonal Employee
Resignation
Retirement
Job Abandonment
Layoff
Non-Disciplinary Separation
Disciplinary Separation
18.1 Separations
All employees who separate from City service must:
• Return all City property to the Human Resources Director or the immediate supervisor prior to receiving the final paycheck. • Clear any existing financial obligations with the City. • If applicable, file a Form 700 leaving office statement with the City Clerk.
In addition, employees who resign or retire shall adhere to the following procedures before they will be deemed to have separated in good standing:
• Submit a written notification stating the intent to resign or retire and the proposed effective date to their immediate supervisor. • Provide a minimum notice of two weeks. The City encourages employees who become aware of their pending separation from the City to let the Human Resources Director know as far in advance as possible. Failure to provide reasonable notice shall be noted in 164
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the personnel file and may be cause for denying future employment by the City.
Notice is final and irrevocable when given and may not be rescinded without the approval of the City Manager.
Use of accrued leave may not be used to extend employment beyond the last day worked without advance written approval of the City Manager.
Non-Disciplinary separations due to the inability to accommodate after the reasonable accommodation and interactive process is concluded will be given a written notes of the reasons for separation, the evidence supporting the decision to separate for non-disciplinary reasons and an opportunity to respond before the separation takes effect.
18.2 Retirement
Retirement from City services shall be subject to the terms and conditions of the City’s contract with the California Public Employees’ Retirement System (CalPERS), and consistent with Federal and State law.
An Employee planning to retire from the City shall provide a written notice to the Department Director and the Human Resources Director. Such notice should be provided, whenever possible, at least sixty (60) calendar days prior to the effective date of retirement.
Notice is final and irrevocable when given and may not be rescinded without the approval of the City Manager.
18.3 Termination-Disciplinary
An employee may be terminated based on disciplinary action pursuant to these Rules.
18.4 Release from Probation and At-Will Employees
Probationary employees will be released pursuant to the provisions in these Rules.
At-Will employees will be released pursuant to the provisions in these Rules.
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18.5 Job Abandonment
Separation of an employee who is absent without notification or authorization for twenty-four (24) consecutive scheduled work hours or more, in accordance with Section 19.2 of these Rules.
18.6 Layoff
Should the City Manager determine that reductions in force are necessary due to lack of work, reorganization, or for financial reasons, layoffs may be directed. In the event of layoffs, the City shall provide affected employees with as much notice as possible.
The decision to lay off an employee is not subject to any right of appeal or grievance.
18.7 Layoff List Preparation Procedure
When a position within a classification is removed, the following general procedure shall be followed:
• Seasonal or part time employees will be released before an employee in the same classification with probationary or permanent status.
19 WORK WEEK AND ATTENDANCE
Department Directors shall assign daily hours of work (or shifts) for employees within departments, as required to meet operational requirements. The Department Director may recommend changes to an employee’s work period, week, or hours to meet the requirements of the City. Changes shall be recommended to the Human Resources Director and approved by the City Manager.
Any foreseeable absence or deviation from regular working hours desired by an employee shall be cleared in advance through the employee’s supervisor, and such absences shall be noted on the employee’s time sheet.
19.1 Work Week
The City operates under a modified 9/80 work schedule. City office hours will be based on the needs of the City in general and will be set by the City Manager. As a modified 9/80 schedule, City Hall will be closed on the first and third Fridays each month. Modified 9/80 schedules (nine hours Monday through Thursday, eight hours alternate Friday, and alternate 166
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Fridays closed) shall be Friday halfway through the workday through the following Friday halfway through the workday. These designated work weeks may be changed only as a result of major changes in operations, payroll procedures or as otherwise necessary in order to deliver services as efficiently and economically as possible. Any deviations from this work schedule must be approved in writing by the City Manager and must be included in the employee’s personnel file.
On rare occasions and when it creates efficiencies within the Department, the City Manager may designate an alternative schedule. These schedules may include a 9/80 work schedule, 5/8 work schedule or a 4/10 work schedule.
Any alternative schedule other than the modified 9/80, must be requested in writing to the Department Director. If the Department Director agrees the requested schedule is in the best interest of the department, they will present it to the City Manager for approval. Requests will be on a case-bycase basis and the City Manager reserves the right to rescind approval of the alternative schedule with at least a ten (10) day written notice. Any approved alternative schedule shall be on file in the employee’s personnel file.
19.2 Attendance
Employees are expected to report to work as scheduled, on time, and prepared to start work. Employees are also expected to remain at work for their entire work schedule, except when required to leave on authorized City business or some other authorized leave. All departments shall keep daily attendance records of employees, which shall be reported on the employee’s timesheet.
Employees who anticipate an absence from all or a portion of their regular work schedule and wish to request a form of accrued leave time or unpaid leave time should follow the procedures provided in these Rules for the particular type of leave that they are requesting.
Employees who are unexpectedly unable to report for work as scheduled on any particular day must call their immediate supervisor no later than their scheduled time to begin work for that day, or as otherwise required by the Department. If the employee’s immediate supervisor is not available, then the employee must notify the Department Director or designee. Employees shall inform their supervisor of the expected duration of any late arrival or absence. Employees who call later than their scheduled time to begin work for their assigned shift shall be deemed to have an unauthorized tardy or absence in violation of this attendance 167
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policy. Abuse or misrepresentation of any form of accrued or paid or unpaid leave time will be grounds for discipline.
An employee who is absent from work without notification or authorization for twenty-four (24) consecutive work hours or more will be considered to have abandoned their employment with the City, which will be treated as an automatic resignation effective as of the last day an employee worked.
In this case the City will provide notice to the employee to their last known telephone number, last known email address or last known address. If, within ten (10) days of said notice, the employee can show good cause for the failure to return to duty, the Human Resources Director, in their discretion may, with approval of the City Manager, reverse the resignation.
In the event that an employee’s absence is deemed an “automatic resignation” in accordance with this Rule, the employee shall have the same right to appeal afforded to employees who are terminated for cause under these Rules. However, an employee’s absence without notification or authorization for twenty-four (24) hours or more shall be deemed just cause for termination.
19.3 Excessive Tardiness, Absenteeism and Abuse of Leave Excessive tardiness occurs when an overtime-eligible employee who, without authorization, is late to work or late to return from breaks more than three times during any 30-day period. Excessive absenteeism occurs when the number of unapproved absences for reasons that are not permitted by state or federal law, exceeds three days in any three-month period. Excessive tardiness or absenteeism may be grounds for discipline, up to and including termination. Abuse of, or misrepresentation of any form of accrued or unpaid leave time may be grounds for discipline, up to and including termination.
19.4 Meals and Rest Periods
Meal Periods
Employees shall receive a sixty (60) minute meal period that shall not be compensated, with the exception of safety personnel such as police officers or safety staff such as police service assistants. During the meal period, the employee shall be relieved of duties. If the employee is authorized in advance and performs work during the meal period, the employee shall be compensated for such time. A thirty (30) minute lunch period may be considered by the Department Director but must be requested in writing by the employee and will only be approved if such a schedule will not impair the efficiency and effectiveness of the department.
The Department Director may rescind approval of the thirty-minute lunch period with at least ten (10) working days written notice to the employee. 168
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Police Department staff may not always be able to be relieved of duty during meal periods. At the discretion of the Chief of Police, meal periods required by these rules, may be waived should an employee’s duties require them to work through the meal period.
Rest Periods
Employees shall have a fifteen (15) minute rest period for each half of their shift, as scheduled by the supervisor. The rest period may be interrupted or cancelled if necessary to complete work and shall be compensated time. The rest periods shall not be combined or used to shorten the workday.
Lactation Breaks
Any employee who wishes to express breast milk for an infant child during scheduled work hours will receive additional unpaid time beyond the compensated rest period provided in these Rules. Those desiring to take a lactation break must schedule breaks with the department supervisor.
Approved lactation breaks will not be interrupted, except in emergency circumstances.
The City will make all reasonable efforts to accommodate employees by providing an appropriate, private location to express milk. The City will attempt to find a location in close proximity to the employee’s work area and the location will be other than a bathroom. Employees occupying such private areas shall either secure the door or otherwise make it clear to others through signage that the area is occupied and should not be disturbed.
Any employee storing expressed milk in any authorized refrigerated area within the City shall clearly label it as such. No expressed milk shall be stored at the City beyond the employee’s workday.
19.5 Timekeeping
All employees must sign and accurately record all hours worked and any leave taken on their timesheets. Employees must immediately report any errors on a timesheet that has already been submitted to their supervisor.
All employees are responsible for the accurate and timely submission of timesheets as well as any other supporting documented required to accurately report time. Timesheets should accurately reflect actual time worked and should be completed daily. Timesheets should only be altered or adjusted by the employee. If there are discrepancies with the employee’s timesheet as submitted, Department Directors or designee 169
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shall discuss with the employee and upon agreement of both parties, the employee shall alter the timesheet.
In the event the employee is unable to complete their timecard due to absence, Department Directors should report the employee’s hours worked on their behalf and have the employee approve at the earliest date upon return. If discrepancies exist, they will be corrected on the first payroll following the employee’s return.
Timesheets are due the Monday following the completion of a pay period no later than 10:00am. Timesheets are required to be electronically approved by the employee as well as the Department Director or designee.
Hours are to be recorded in quarter (1/4) hours and rounded down at the six-minute mark and up at the 7-minute mark. For example, 8:06 AM will be recorded as 8:00 AM on the timesheet and 8:07 AM will be recorded as 8:15 AM on the timesheet. Rounding does not relieve an employee from the responsibility of completing their scheduled number of hours for each day.
Exempt employees may be required to use accrued leave time for partial day absences of four (4) hours or more. However, exempt employees are generally expected to work their entire schedule each day, and the City Manager may require exempt employees to use accrued leave for partial day absences of less than four (4) hours. With prior approval of the City Manager, exempt employees may make up time off on other days and not need to use accruals.
Intentional inaccuracies or falsifications of any kind of the submitted timesheet will result in disciplinary action, up to and including termination.
19.6 Overtime
Recording hours worked as well as any leave time taken by an employee is necessary to provide an accurate basis for preparing paychecks, monitoring leave accruals, and assuring compliance with all Federal and State laws.
All hours worked in excess of forty (40) hours in the work week will be paid in accordance with FLSA. Overtime must be approved in writing by an employee’s supervisor in advance. Overtime worked without prior permission will result in disciplinary action.
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Employees in positions designed as overtime eligible will receive additional compensation, either in cash or compensatory time off, in a work week during which they work more than forty (40) hours.
Work weeks will not be altered to avoid paying overtime, but employees may request an alternative schedule in advance with approval from their supervisor.
In accordance with FLSA, only actual hours worked will be used to calculate hours. Time paid, but not worked such as sick leave, vacation, holiday, or compensatory time off, does not count towards the calculation of hours worked.
Overtime pay for work on employee’s scheduled day off will be based on actual hours worked in excess of 40 hours in the work week.
Should a full-time, non-exempt employee work a City event on a weekend that includes Holiday pay in the same work week, the employee will be paid at time and a half for all hours worked at the event. Holiday pay will be the only hours type that is included as hours worked for this purpose and only applies if the employee is required to work the event. These events include things such as Summer Fest and the Heart of Oakley.
Any hours spent traveling to out of town training or for training outside of an employee’s normal work schedule should be applied in accordance with the City’s Travel Policy.
19.7 Paid Overtime and Compensatory Time Off
Compensation for overtime hours worked will be at a rate of one and a half (1.5) times the employee’s regular rate of pay in either cash or compensatory time off.
The form of compensation shall be at the option of the employee, provided however, that no employee shall accrue more than forty (40) hours of unused compensatory time off. Accrual of compensatory time off shall be at the rate of one and a half (1.5) hours of compensatory time off for each overtime hour worked or fraction thereof. An employee who has accrued the maximum allowed balance of compensatory time off shall be paid cash for all overtime hours worked until the balance is below the maximum. All compensatory time off will be cashed out at separation in accordance with the FLSA.
Compensatory time off is intended to be taken as soon as it is mutually convenient following the date on which it is earned. Time off should be requested in advance, similar to vacation, and must be approved prior to 171
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taking. Time off should be requested in writing to the supervisor with at least five (5) days’ notice.
Should an employee receive a promotion or reclassification to an exempt position, all compensatory time off will be paid on the last day of employment in the non-exempt position. Payments will be made at the regular rate of pay for the non-exempt position.
19.8 Police-FLSA Section 207 (k)
The work period for sworn non-exempt employees, consistent with the 7(k) exemption of the Fair Labor Standards Act, is one hundred seventyone (171) hours per 28-day work period. The workweek is not necessarily the same as the calendar week. The workweek for all sworn, non-exempt police officers begin at 12:00 AM Sunday and ends at 11:59 PM Saturday. 20 Management LEAVE
20.1 Management Leave-Management Employees
In lieu of the payment of overtime, exempt employees are granted ninetysix hours (96) of management leave on January 1st of each calendar year.
Management leave will be prorated for management employees who are hired or promoted into a management position during the year. The proration will be 8 hours per month including the month in which the employee is hired or promoted.
All ninety-six (96) hours of management leave should be used during the calendar year in which it was earned. Up to forty (40) hours of unused leave will be allowed to carry over to the next calendar year.
On rare occasions and with the approval of the City Manager, more than forty (40) hours management leave may be carried over to the next calendar year, subject to a maximum accrual limit of one hundred sixty (160) hours. Such a request must be made in writing on or before December 15th of each year. Failure to request a carry over by December 15th will limit an employee to the standard forty (40) hour carryover limit.
Any accrued management leave that would exceed the carryover or maximum accrual limits of this provision are lost.
If leave was previously approved to be taken in December and the City cancels that leave for any reason, the amount approved will be carried over to the next year notwithstanding the above limits.
Managment leave can only be cashed out upon separation of employment and will be paid at the employee’s base pay.
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21 VACATION
Unless otherwise specified in a Memorandum of Understanding or Council approved resolution, each full-time employee shall accrue vacation on a bi-weekly basis at the following rate for continuous service performed in pay status as follows:
0 to 36 months of service: 80 hours per year (3.06 per pay period) 36 to 72 months of service: 120 hours per year (4.62 per pay period) 72 to 168 months of service: 160 hours per year (6.15 per pay period) 168 or more months of service: 200 hours per year (7.69 per pay period) The increase in rate of vacation accruals is effective on the next pay period following the anniversary of the employee’s hire date.
21.1 Maximum Accruals
The City provides vacation leave to encourage employees to take time away from work on a regular basis. For this reason, employees may earn and accumulate vacation leave up to a maximum of two and one-half (2.5) times the amount of the annual accrual of that employee. 0 to 36 months of service: 200 hours maximum
36 to 72 months of service: 300 hours maximum
72 to 168 months of service: 400 hours maximum
168 or more months of service: 500 hours maximum
Maximum Accrual Buy Back
Any hours accrued above the maximum as of the paycheck that includes December 1st of each year will be paid to the employee on the second paycheck in December.
21.2 Part-Time Employee Vacation Accrual
Part-Time employees working more than one thousand five hundred (1,500) hours per year will be eligible for a pro-rated accrual based on their full-time equivalent percentage.
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Part-Time employees working under one thousand (1,000) hours per year will be eligible for up to thirty-eight (38) hours of vacation accrual per year.
This excludes any seasonal, or temporary positions.
Accruals will occur bi-weekly in the amount of 1.46 hours per pay period.
21.3 Maximum Accruals Part-Time Employees
Regardless of the number of hours worked per year, vacation accrual hours will cap at two (2) times the annual accrual, i.e. seventy-six (76) hours.
There will be no cash out provision, except as required by law at separation, for part time vacation accruals. Any hours that would accrue above the seventy-six (76) hour maximum will be lost. Accruals will not continue until the accrual bank is below the maximum.
21.4 Use of Vacation
There is no waiting period before an employee can request to take accrued vacation. Vacation hours cannot be used in the pay period within which they are earned. Employees may only schedule time off for vacation hours that have already been accrued.
Email requests to the employee’s immediate supervisor should be submitted for approval of vacation time off. The amount of time taken at any one time shall be determined by the Department Director with regard for the needs of the City.
21.5 Effect of Sick Leave On Vacation Leave
In the event an employee becomes ill during a vacation period, such time shall not be charged as vacation leave if the following conditions are met:
Employee Sick Leave Requirements
The employee complies with the same notice requirements as required when the employee is not on leave, including notice to the employee’s supervisor no later than the start of the employee’s regular work shift. If the employee becomes ill after the start of the work shift, then the employee must promptly provide notice on the same day the illness begins. In the event an employee is unable due to injury or illness to provide prior notice or same-day notice, the employee must provide notice 174
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as soon as possible. Sick leave shall only be granted for those days on which notice is given.
Return to work requirements
The employee, upon return to work, submits a doctor’s certificate for each day the employee was absent from work.
21.6 Vacation Pay-Out Upon Termination
A regular or probationary employee whose employment with the City terminates shall be paid for that part of vacation accumulations that remains unused at the time of termination. Payment for unused vacation shall be made at the base rate of pay in effect for such employees at time of termination.
Unless otherwise provided by State Law, when termination is caused by the death of the employee, said 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 the Human Resources Department. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee.
21.7 Eligibility to Earn Vacation
An employee will accrue vacation while in a paid leave status. Vacation accruals will be pro-rated based on the number of hours being reported on the timesheet. Any employee in an unpaid leave status will not accrue vacation unless approved in advance by the City Manager.
21.8 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 rate twice each fiscal year as follows:
• The lump sum payment will occur on the second pay period in March and October of each year.
• The employee must have three (3) consecutive years of full-time services with the City.
• The employee must have taken at least eighty (80) hours of vacation, compensatory time off or managment leave in the twelve (12) months preceding the buyback request.
• The employee’s accrual bank cannot fall below one hundred twenty (120) hours.
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21.9 Hardship Request
If an employee eligible for vacation accrual experiences a financial hardship due to unforeseen circumstances, the employee may submit a request to the Human Resources Director to receive cash payment of accrued vacation. Examples of qualifying events may include unexpected legal expenses, medical expenses not covered by other means, or any unforeseen situation that would necessitate a hardship request.
The Human Resources Director will ensure that the request meets the requirements and that the requested vacation accrual hours are available prior to seeking City Manager approval. The City will make a determination within five (5) business days of the hardship request.
Hardship payouts will only be considered on leave balances above one hundred twenty (120) hours. At no time should a payout cause a leave balance to fall below one hundred twenty (120) hours.
22 HOLIDAYS
22.1 Authorized Holidays
Every full-time probationary and regular employee shall be entitled to the following paid holidays each calendar year and such other days as may be designated by action of the City Council:
New Year’s Day
Martin Luther King Day
President’s Day
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve Day
Christmas Day
New Year’s Eve Day
Floating Holidays (2)
Generally, if a holiday falls on a Saturday, the City will observe the holiday on the preceding Friday. If the holiday falls on a Sunday, the City will observe the holiday on the following Monday. If the preceding Friday or succeeding Monday is also a holiday, the holiday will be observed on the next preceding or succeeding workday, as determined by the City. 176
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If the holiday falls on the employee’s regularly scheduled day off, the employee’s day off is moved to the next closest workday within the same work week with supervisor approval.
An employee wishing to observe a holiday particular to the employee’s national origin, culture, or religion may do so with prior approval of the Department Director. The time off shall be charged to vacation, floating holiday, compensatory time off or management leave.
The City provides regular and probationary full-time employees with eight (8) hours of pay for the observed holidays listed in Section 22.1. If a fulltime employee is working an alternative work schedule, including the modified 9/80, the employee must use vacation, compensatory time off, floating holiday or management leave to make up the difference in the eight (8) hour holiday and their normal scheduled hours. With the approval of the Department Director, the employee may work to make up the difference in hours. Holiday time does not count as hours worked for the purpose of calculating overtime unless outlined separately in these Rules.
Part-time employees working more than one thousand five hundred (1,500) hours per year will receive holiday pay at a pro-rated number of hours based on FTE percentage.
All regular and probationary full-time employees receive two (2) eight (8) hour floating holidays on January 1st each year. Floating holiday time off requires advanced approval of the employees’ supervisor.
Part-time employees working more than one thousand five hundred (1,500) hours per year will receive floating holidays at a pro-rated number of hours based on FTE percentage.
Newly hired or promoted employees will receive floating holidays based on the calendar year quarter in which they are hired.
January-March 16 hours
April-June 12 hours
July-September 8 hours
October-December 4 hours
Floating holidays must be used in the calendar year in which they are earned and will not carry forward. Any unused floating holiday hours at December 31st each year, will be lost.
Any unused floating holidays at the time of separation will be paid to the employee at the employees’ base pay at the time of their separation. 177
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22.2 Work Performed on Holidays
Employees are expected to observe all City designated holidays unless job demands require an employee to work. A regular and probationary full-time employee scheduled to work on a holiday shall be paid straight time for actual hours worked and in addition will be paid eight (8) hours of holiday pay.
Regardless of hours worked per year, part-time employees scheduled to work on a holiday shall be paid straight time for actual hours worked and in addition will be paid holiday pay for the number of actual hours worked, not to exceed eight (8) hours of holiday pay. If work hours on a holiday exceeds the forty (40) hours in a work week, hours worked will be paid in accordance with FLSA.
22.3 Holidays Falling During Vacation
When a day designated and observed by the City as a holiday occurs on a day on which an employee is taking vacation, such employee shall not be charged as using vacation for that day. The employee’s compensation for that day shall be holiday pay and the employee shall not be paid or charged for vacation, except for the additional hour(s) for those employees on an alternative work schedule.
23 SICK LEAVE
Sick leave shall be requested only in cases of actual employee or dependent sickness or disability, medical, dental or vision treatment, or as authorized in Section 23.6 of these Rules. The employee requesting sick leave shall, whenever possible, notify their supervisor or Department Director prior to the start of the employee’s regular work shift. Where the need for sick leave is foreseeable, such as for pre-scheduled appointments, leave shall be requested with at least one (1) business day advance notice. Where the need for leave is not foreseeable and the employee is unable due to illness, injury, or other exigent circumstances to provide notice prior to the start of their work shift, the employee must provide notice as soon as practicable.
Sick leave with pay shall not be allowed unless the employee has met and complied with the provisions of these Rules and their Department Director has approved such use. Accrued and unused sick leave shall not be paid out when the employee separates from City employment except as provided in Section
23.9 and Section 23.10 of these Rules. Abuse of the sick leave benefit, as described in these Rules, is grounds for disciplinary action, up to and including termination.
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23.1 Certification
The Department Director may request, in their discretion, that the employee produce a certificate issued by a licensed physician or other satisfactory proof of illness before sick leave is granted. The Department Director may also direct an employee to attend a physical examination by a City-retained licensed physician, at City expense, to ascertain whether the employee is fit to perform the duties of the position.
23.2 Prohibited Activity
Any employee who is absent from work on a leave as provided in Section 23 of these Rules or who is absent after requesting such leave shall not engage in work or other activities at any time which would conflict with the inability to report for work and to perform the duties assigned.
23.3 Eligibility
Regular and probationary employees shall be eligible to accrue sick leave upon commencement of City employment. There is no waiting period to utilize sick leave accruals, however, sick leave hours cannot be used within the pay period in which they were earned.
Part time employees working more than one thousand five hundred (1,500) in a fiscal year will accrue sick leave at a pro-rated number of hours based on their FTE percentage.
Part time employees working less than one thousand (1,000) hours in a fiscal year or Seasonal employees will accrue sick leave consistent with the Healthy Workplace Families Act. Any leave accrued under the law cannot be used until reaching the 90th day of employment. Sick leave hours cannot be used within the pay period in which they are earned.
For all employees, sick leave may under no circumstance be used before it is actually accrued.
23.4 Accrual
For Full time employees, sick leave shall be accrued at the rate of 3.69 hours per pay period that an employee has worked regularly scheduled hours or has been on an authorized paid leave.
For Part time employees working more than 1,500 hours in a fiscal year, sick leave shall be accrued on a pro-rata basis depending on the average 179
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expected hours per week. In no case should the number of hours exceed
3.69 hours in a pay period.
For Part time employees working less than 1,000 in a fiscal year and for seasonal employees, sick leave will accrue at a rate of .034 for every hour worked.
Sick leave will continue to accrue during any paid leave of absence and will be pro-rated based on the number of hours being paid. During all unpaid leaves of absence, including FMLA, sick leave accruals will cease until the employee returns to a paid status, unless otherwise required by law.
23.5 Accumulation
All full-time employees may accrue a maximum of one thousand (1,000) hours of sick leave.
Part-time employees working more than one thousand five hundred (1,500) hours per fiscal year may accrue a pro-rated maximum number of hours proportional to their FTE percentage, but never more than one thousand (1,000) hours.
Part-time employees working less than one thousand (1,000) hours per fiscal year and seasonal employees may accrue a maximum of forty-eight (48) hours of sick leave.
Once the accrual maximum is reached, the employee will no longer accrue hours until the accrual balance has fallen below the maximum.
23.6 Use
Sick leave may be requested and used as approved by the Department Director or Human Resources Director. Pay for approved sick leave shall be authorized until the employee’s accumulated sick leave hours have been exhausted and at such time the employee shall receive no further pay for sick leave.
Sick leave can be used for the following purposes:
• Diagnosis, care or treatment of an existing health condition or preventative care for an employee or any of the following of the employee’s family members:
• Child of any age or dependency status
• Parent or parent in-law
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• Spouse or registered domestic partner
• Grandparent
• Grandchildren
• Sibling
• Another person designated by the employee prior to or at the time the employee requests paid sick days (provided that an employee may not designate more than one person in this manner in a twelve (12) month period and only one-half of the sick leave accrued annually may be used for this
purpose).
• For an employee who is a victim of domestic violence, sexual assault or stalking to obtain a temporary restraining order or other court assistance to help ensure the health, safety or welfare of the employee or their child or to obtain medical attention or psychological counseling services from a shelter, program or crisis center or participate in safety planning or other actions to increase safety.
23.7 Abuse of Sick Leave
The City of Oakley provides a generous amount of sick leave hours and encourages employees to use these hours wisely and maintain a comfortable number of hours available for unforeseen situations. The City considers the abuse of sick leave as a serious offense and evidence substantiating use of sick leave for willful injury, gross negligence, intemperance, or any instances of misrepresentation will result in disciplinary action, up to and including termination from employment.
Other examples of abuse of sick leave include the following:
• Failure to notify supervisor of medical absence.
• Failure to provide physician's verification when required. • Fraudulent physician verification.
• Use of sick leave for that which it was not intended or provided. • Continued pattern of maintaining zero or near zero 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 after holidays before and after weekends or regular days off; after pay days; of any one specific day; following overtime worked; frequent use of half days; and any routine use of any combination of the above.
Proof of Illness or Injury will be required in the following circumstances:
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• An absence lasting three (3) or more days.
• Frequent use of sick leave accruals.
• When a pattern of sick leave has been identified.
• When a supervisor has reason to believe that sick leave is being abused.
• When an employee is released to return to work after an extended absence.
The employee may be required to submit a statement or certification for a licensed physician, dentist or optometrist stating the employee is or was incapacitated and unable to perform their normal duties. The statement or certification must include a date of when the employee can return to work with or without restrictions, listed restrictions should there be any and a date of when restrictions will be lifted, if known.
If the employee has a qualifying disability under the Americans with Disabilities Act (ADA) or the Fair Employment and Housing Act (“FEHA”), the City will engage in the interactive process in accordance with the Interactive Process Policy.
The City of Oakley maintains minimum staffing levels, and excessive absenteeism creates a negative impact on the workplace by disrupting work schedules, increasing overtime costs, leaving projects incomplete, decreasing organizational efficiency, moving additional work upon others, and creating an overall negative morale within the organization.
23.8 Use of Sick Leave toward Retirement
An employee may not use sick leave to extend a retirement (either disability or service retirement) or separation date, unless specifically provided for in an applicable Memorandum of Understanding, or as required by law.
23.9 Sick Leave at Separation
• Full Time 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 ten 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:
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Payment can be taken as a lump sum cash payment
or deposited into the employees deferred
compensation account (as allowed under the terms
and conditions of the plan and Internal Revenue
Service regulations).
• Full Time employees hired on or after July 1, 2022
Sick leave is forfeited and not cashed out upon separation
23.10 Sick Leave at Retirement
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. This applies to full time employees only.
If years of service are met, one hundred percent (100%) of the value of accrued sick leave will be paid to the employee at retirement 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 the Internal Revenue Service regulations) or used as a payment to CalPERS to buy service credits.
Only fifty percent (50%) of the accrued sick leave can be allocated to CalPERS to buy service credits.
23.11 Integration of Benefits
If an employee is on approved illness or injury leave and is receiving State Disability Insurance (SDI) or temporary Disability payments (including Workers’ Compensation payments), the employee may choose to supplement these payments utilizing accruals to continue to receive a full paycheck. To exercise this option, the employee shall provide a claims history showing payment amounts as well as dates paid by SDI, Worker’s Compensation, or temporary disability so that the City can ensure the supplemented hours are correctly applied.
23.12 Catastrophic Leave
An employee may be eligible to receive donations of up to four hundred and eighty (480) hours of accruals to be used towards sick leave associated with a catastrophic leave. Hours can only be donated if the employee has exhausted all allowable leave banks.
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Catastrophic illness or injury is defined as a critical medical condition that is terminal, a long-term major physical impairment or disability to the employee or an immediate family member. The definition of immediate family member and the usage of sick leave shall be defined as self, spouse, child or parent or anyone in the employee’s direct care. This program will be administered in accordance with the City’s Catastrophic Leave and Accrual Donation Administrative Policy.
24 LEAVES OF ABSENCE WITHOUT PAY
24.1 Authorization for Leave of Absence Without Pay
At the sole discretion of the City Manager, an employee may be granted a leave of absence without pay. Any leave without pay will be based on the operational needs and best interest of the City. Employees’ must make a written request using the Leave Without Pay form and must seek approval of the City Manager prior to the leave being taken.
Leave without pay may not be requested until the employee has utilized all applicable leave hours in the employee’s accrual leave bank.
Any employee in an unpaid status may no longer receive benefits including accruals, medical, dental, vision, retirement, etc. Any continuation of benefits will be at the City Manager’s discretion.
The decision of the City Manager shall be final and is not subject to grievance or appeal.
The City may fill the position with a temporary employee during the term of the leave of absence or undertake any other appropriate measures to address workload needs.
24.2 Return from Authorized Leave of Absence Without Pay When an employee intends to return from an authorized leave of absence without pay, extending beyond thirty (30) days, the employee shall contact the Human Resources Director as soon as possible but not less than three (3) working days prior to the planned day of return. Upon an employee’s notification that the employee intends to return after a leave of absence without pay, the City shall make reasonable effort to do so. Failure of an employee to abide by this notification procedure or to report for work promptly at the date of leave expiration shall be grounds for discipline up to and including termination.
Employees returning from leave because of illness or disability must first submit to the Human Resources Director a release to work from a 184
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physician that satisfactorily certifies the employee can perform the essential functions of the position to which they desire to return, with or without accommodation. Further, the employee may be subject to an examination by a City retained licensed physician, at City expense, to ascertain whether the employee is fit to perform the duties of the position.
24.3 Status of Employee on Authorized Leave of Absence Without Pay Break in Service
Authorized leaves of absence without pay shall not be construed as a break in service, and rights accrued at the time the leave is granted shall be retained by the employee. However, vacation credits, sick leave credits, holidays, health benefits, and retirement benefits, increases in salary, and other similar benefits shall not accrue to a person granted such leave during the period of absence unless otherwise expressly provided for in a Council-approved action. Employees in such status may be required to pay for all fringe benefits, such as health plan premiums, during the period of their leave without pay.
Employee Return to Work
An employee returning after an authorized leave of absence without pay shall retain the same status and shall be placed at the same salary step in the pay range currently in effect for the class as the employee received when the authorized leave of absence without pay commenced. Time spent on such leave without pay shall not count toward service within the pay range and the employee’s salary anniversary date shall be set forward a period of time equal to the employee’s total absence as adjusted to the beginning of the closest pay period.
24.4 Unauthorized Leave of Absence
Whenever an employee is absent from work during a regular shift without permission or without advanced notification to their supervisor, or without sufficient accrued leave to cover the absence, it shall be reported as an unauthorized leave of absence.
Such unauthorized absence shall be considered as unpaid time off and the amount equal to the time the employee was absent without pay will be deducted from the employee’s pay to the extent allowable by law.
Without extenuating circumstances, an unauthorized leave of absence is grounds for termination.
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Employees not returning from an authorized leave of absence when agreed upon, will be considered as unauthorized leave.
25 OTHER LEAVES OF ABSENCE
25.1 Administrative Leave
The City, in its discretion, may place an employee on administrative leave with or without pay. Employees on such leave shall be available and are subject to the City’s instructions during their normal working hours.
25.2 Bereavement Leave
The City shall grant leaves of absence with pay when a member of the employee’s or employee’s spouse or domestic partner’s immediate family dies. “Immediate family” is defined as a spouse or a child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law as defined in Government Code Section 12945.2. The City, in its discretion, may request documentation of the death of the family member. If requested, the employee shall provide documentation of the death within thirty (30) days of the first day of leave. Examples of such documentation include a death certificate, published obituary, or written verification of death, burial, or memorial services from a religious institution, a governmental agency, or a funeral home or similar entity.
Upon the death of a family member, an employee may take up to five days of bereavement leave. The days need not be consecutive but must be completed within three months of the date of death. Up to three (3) working days of leave shall be with pay if the death occurred within the State of California, and up to five (5) days if the death is outside of the State.
Additional time off in excess of the time stated above, may be taken by an employee with prior approval of their immediate supervisor. Additional time off is not paid and the employee must use accruals to account for the time off. Sick leave may be used to supplement bereavement leave. If the employee does not have accrual hours to utilize, the employee must request a Leave Without Pay in accordance with Section 24.1 of these Rules to extend bereavement leave beyond five (5) days.
25.3 Family and Medical Leave (FMLA/CFRA)
In accordance with federal and state laws and regulations, the City shall provide family and medical leave, which is unpaid leave, to eligible employees. “Family and Medical Leave” under this Rule refers to leave 186
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pursuant to the Family and Medical Leave Act of 1993 (“FMLA”) and the California Family Rights Act (“CFRA”). Employees with any questions or requests for information about family and medical leave should consult the Human Resources Department and the City’s FMLA/CFRA administrative policy.
25.4 Jury Duty
All full-time employees and part-time employees regardless of the number of hours worked, who are required to report for jury duty shall be granted leave for such purpose, upon presentation of the jury notice to the Department Director. Said employees shall receive full pay for their normally scheduled work hours 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.
Employees are expected to report to work before and after any jury service if jury service begins after the start of your normal shift or ends before the end of your normal shift. Jury service means physically reporting to the court to serve on a jury and does not include being instructed to call for status updates.
25.5 Military Family Leave
In accordance with the Family and Medical Leave Act (FMLA), eligible employees may use their twelve (12) weeks of FMLA leave for any "qualifying exigency" arising out of a family member's active military duty.
Eligible employees are also permitted to take up to twenty-six (26) weeks of leave in a single twelve (12) month period to care for a family member who sustains a serious illness or injury while on active military duty.
25.6 Military Leave
Military Leave With Pay, shall be granted in accordance Federal and State law. An employee entitled to military leave shall give their Department Director an opportunity, within the limits of military regulations, to determine when such leave shall be taken. Prior to taking such leave, an employee shall present a copy of the military orders to the Department Director. The Department Director shall promptly advise the Human Resources Director of such military orders. The employee’s work schedule may be temporarily changed by the Department Director to accommodate the leave and department workloads, in accordance with applicable law.
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law. Employees on military leave shall be granted promotional opportunities and reinstatement after return from military leave in accordance with applicable law.
25.7 Military Spouse Leave
In accordance with California Military & Veterans Code Section 395.10, eligible spouses and domestic partners of active members of the military are entitled to up to ten (10) days of unpaid leave when their spouse or domestic partner, who is in active military service, is on qualified leave.
25.8 Paid Family Leave (PFL)
Employees who are covered by State Disability Insurance (SDI) are eligible for Paid Family Leave (PFL) benefits while taking care of family member(s). These benefits are paid by the State Employment Development Department.
25.9 Pregnancy Disability Leave (PDL)
Any employee who is disabled because of pregnancy, childbirth, or a related medical condition may be entitled to pregnancy disability leave (PDL). The rules for PDL are contained in the City’s Pregnancy Disability Leave Administrative Policy
25.10 School Activity Leave
Employees who are parents, guardians, or grandparents of a child in kindergarten through grade 12 may take up to forty (40) hours per year, not to exceed eight (8) hours per month, to participate in the child’s school activities. The employee shall use accrued vacation, management leave, floating holiday or compensatory time for this leave. Prior notice of the need for this leave shall be given to the supervisor. If accrued vacation or compensatory time off have been exhausted, the employee must request and receive approval for leave without pay in accordance with Section
24.1 of these Rules.
25.11 Voting Leave
Time off with pay to vote in any general, direct primary or presidential primary election shall be granted as provided by state law. If an employee does not have sufficient time to vote outside of their working hours, they may take time off to vote at the beginning or end of the shift, whichever provides the freest time to vote. Employees shall give their supervisors at least two (2) working days’ prior notice of the need to take such time off.
Only the first two (2) hours of time taken to vote shall be paid leave. 188
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25.12 Witness Leave
An employee who is subpoenaed to appear in court in a matter regarding an event or transaction which they perceived or investigated in the course of employment with the City, shall be allowed to do so without loss of compensation, unless it is the employee’s own lawsuit.
An employee subpoenaed to appear in court in a matter unrelated to their official capacity, or who is appearing in court in a matter initiated by the employee, shall be permitted time off without pay, or if the employee chooses, to use accrued vacation, management leave, floating holiday, or compensatory time for this purpose.
The employee may be required to present the subpoena to their Department Director.
25.13 Leave Rights for Victims of Crime and Abuse
Pursuant to Labor Code Sections 230 and 230.1, the City provides certain leave rights an employee who is a victim of crime or abuse. For purposes of this provision, “a victim of crime or abuse” means an employee who is a victim of stalking, domestic, violence, or sexual assault, who is a victim of a crime that caused physical injury or mental injury and a threat of physical injury, or whose immediate family member is deceased as a direct result of a crime.
Eligible employees may take time off for any of the following purposes:
• To seek relief, such as a temporary restraining order, or other assistance to help safeguard the “health, safety, or welfare” of the employee or their child.
• To seek medical attention for injuries caused by crime or abuse. • To obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization as a result of crime or abuse.
• To obtain psychological counseling or mental health services related to an experience of crime or abuse.
• To participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation.
An employee must provide reasonable advance notice to the Human Resources Director, whenever possible, and provide written certification of their status as a victim of crime or abuse. If advance notice is not feasible, the employee must provide certification within a reasonable time after the 189
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absence. The written certification will be kept confidential to the extent allowed by law, and can include any of the following:
• A police report indicating that the employee is a victim of crime or abuse.
• A court order protecting or separating the employee from the perpetrator of the crime or abuse, or other documentation from the court or the prosecuting attorney that the employee has appeared in court.
• Documentation from a medical professional, domestic violence counselor, sexual assault counselor, victim advocate, health care provider, or counselor that the employee is (or was, as applicable) undergoing treatment or receiving service for physical or mental injuries or abuse.
• Any other form of documentation that reasonably verifies that the crime or abuse occurred, including but not limited to, a written signed statement certifying that the absence is (or was) for a purpose authorized under Labor Code Section 230(c) or Section 230.1.
The leave is unpaid unless the employee is eligible for and elects to use sick leave in accordance with Section 23.6 of these Rules.
25.14 Crime Victim or Family Member Victim Rights Proceeding Leave Any employee who is a victim of a crime listed in Labor Code Section230.5(a)(2)(A), may take leave from work to appear in court to be heard at any proceeding in which the right of the victim is at issue if the employee provides the employer reasonable advance notice. If advance notice is not feasible, the employee must provide the City, within a reasonable time after the leave is taken the following:
• Certification from a police report, a district attorney or court, or from a health care provider or victim advocate, that the employee was a victim of any of the crimes listed in Labor Code Section 230.5(a)(2)(A).
An employee who is a spouse, parent, child, sibling, or guardian of such a crime victim is also a victim who is entitled to this leave if the above notice or certification requirements are met.
The leave is unpaid unless the employee elects to utilize vacation, management leave, floating holiday, or compensatory time off. 190
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26 EMPLOYEE TRAINING AND EDUCATION PROGRAMS
26.1 Training and Development
The City encourages all employees to seek additional training and development of their job skills and knowledge. When possible, the City is committed to providing periodic training to assist employees in developing their professional skills and knowledge.
Any out-of-town travel requirements should be completed in accordance with the City’s Travel Policy.
The City encourages participation in professional organizations that will enhance the employee’s job-related skills, abilities, and knowledge.
Membership or certificates should be approved in advance by the Department Director or the City Manager. Approved memberships or certificates may be paid directly by the City or will be reimbursed upon submittal of satisfactory evidence of payment.
26.2 Education and Tuition Reimbursement
Employees are encouraged to further their education by taking accredited courses which satisfy any of the following criteria:
• Related to the employee’s present position with the City. • Related to the employee’s potential development with the City. • Part of a program leading to a degree related to the employee’s present position or potential for development.
An employee who participates in an educational program may be reimbursed for courses taken on the employee’s own time and at the employee’s expense in accordance with the City’s Tuition Reimbursement Policy and Procedure.
The City reserves the right to amend, modify or terminate the program at any time. All employees will be notified in writing if such changes occur, and all commitments made up to the time of the change will be honored by the City.
27 NEPOTISM POLICY
This policy prohibits the hire or promotion of individuals who are related by blood, marriage, or adoption to a member of the City Council, to a member of the Planning Commission, the City Manager, the City Attorney, or any person 191
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exercising appointing authority, or would have or are likely to have in the future any supervisory authority over such individuals. This prohibition includes the following relationships: spouse, domestic partner, children, step-children, parent, step-parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, first cousin, parent-in-law, daughter-in-law, son-inlaw, brother-in-law and sister-in-law.
27.1 Marital Status and Immediate Family
It is the City’s policy not to discriminate against employees based on marital status. The City retains the right to:
• Refuse to place one spouse or immediate family member under the direct or indirect supervision of the other spouse or immediate family member in that the placement has the potential for creating an adverse impact on supervision, safety, security, morale, or potential conflicts of interest.
• Refuse to place spouses or immediate family members in the same department, division, or facility in that it has the potential for creating an adverse impact on supervision, safety, security, morale, or potential conflicts of interest.
27.2 Marriage of Co-Employees
If employees marry or become domestic partners, or an employment relationship listed above is created by any other means, the City shall make reasonable efforts to assign job duties to minimize problems of supervision, safety, security, morale, or potential conflicts of interest.
Should reasonable efforts to assign job duties to minimize such problems fail, one of the following must occur:
• The City Manager or designee will attempt to arrange a transfer to a similar position in another department, division, or facility for the employee with the later hire date. There can be no guarantee that the new position will be within the same classification or at the same pay level, OR
• One of the employees must be separated from City employment if a transfer or demotion is not available. If one of the employees does not voluntarily resign, the City will separate employment with the employee with the later hire date.
Neither the transfer of an employee nor the separation from service of an employee or any other decision implemented pursuant to this policy shall be subject to any administrative appeal or grievance procedures. 192
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28 HARASSMENT AND DISCRIMINATION PREVENTION
The City of Oakley strives to provide a professional work environment where all employees can work together comfortably and productively, free from harassment, discrimination, and retaliation on the basis of one’s membership in a protected class. The City is committed to providing a workplace free of sexual harassment. The City’s policy has been and remains more all-encompassing than the law requires. The City’s policy rests on the fundamental precept that each individual treats all others with respect, dignity, and professionalism.
Deviation from that fundamental precept will not be tolerated. Whether or not the individual means to offend or believed their comments or conduct was welcome is not significant. The City’s workplace is not limited to the City’s facilities, but may also include client and vendor facilities, as well as anywhere a City business-related function is taking place.
The City is responsible for taking all reasonable steps to prevent harassment, discrimination, and retaliation. It is also the policy of the City to provide a procedure for investigating alleged harassment, discrimination and/or retaliation in violation of this Policy. Any retaliation against a person for filing a complaint or participating in the complaint investigation or resolution process is prohibited.
Individuals found to be retaliating in violation of this Policy will be subject to appropriate disciplinary action. For investigation guidelines for the informal and formal process for resolving sexual harassment and/or discrimination complaints see Section 29 of these Rules.
28.1 Covered Individuals and Scope of Policy
This Policy protects employees regardless of rank or title, elected or appointed officials, applicants, volunteers, and interns (including unpaid interns). Supervisors, coworkers and third parties are prohibited from engaging in harassment, retaliation, or any other behavior which violates this policy. Employees have an obligation to comply with this Harassment and Discrimination policy. Failure to do so may result in disciplinary action up to and including termination.
This Policy applies to all terms and conditions of employment, internships, and volunteer opportunities, including but not limited to selection, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.
Definitions
• Protected Classification: This Policy prohibits harassment and discrimination based on an individual’s protected classification. “Protected classification” includes: race/color, national origin/ancestry, 193
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sex (including gender, gender identity, and gender expression), religious creed (including all aspects of religious belief, observance, and practice, including religious dress and grooming), age, mental or physical disability, veteran status, medical condition, marital status or status as a registered domestic partner, sexual orientation, citizenship status (including a driver’s license issued to undocumented persons), pregnancy (including, medical conditions related to pregnancy or childbirth, and breastfeeding, or medical conditions related to breastfeeding), reproductive health decisions, and any other consideration made unlawful by federal, state, or local law. • Discrimination: This Policy prohibits treating covered individuals differently because of the individual’s protected classification, actual or perceived; because the individual associates with a person who is a member of a protected classification, actual or perceived; or because the individual participates in a protected activity as defined in this Policy.
Harassment Prohibited harassment includes, but is not limited to, unwelcome conduct undertaken because of a covered individual’s actual or perceived protected classification, such as:
• Verbal harassment – epithets, derogatory comments, or slurs.
Examples: Speech such as name calling, belittling, epithets, derogatory comments or slurs; sexually explicit or degrading words to describe an individual, race, ethnicity, etc.; sexually oriented jokes and stories; comments about an employee’s anatomy and/or dress, including physical features, gender identification, sexually oriented noises or remarks; questions about a person’s sexual practices; use of patronizing terms or remarks, verbal abuse, graphic verbal commentaries about the body.
• Physical harassment – assault, impeding or blocking movement, or any physical interference with normal work or movement.
Examples: Assault, touching, pinching, patting, grabbing, brushing against, or poking another employee’s body; hazing or initiation that involves a sexual component; requiring an employee to wear sexually suggestive clothing; or making explicit or implied job threats or promises in return for submission to physical acts. • Visual harassment - derogatory posters, cartoons, or drawings.
Examples: Displaying derogatory pictures, writings, cartoons, emails, drawings, or objects related to a protected classification; 194
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obscene letters or invitations; staring at an employee’s anatomy, leering, sexually oriented gestures, mooning, or unwanted love letters or notes.
• Sexual favors – unwanted sexual advances which condition an employment benefit (or withhold a detriment) upon an exchange of sexual favors.
While it is impossible to define every action or all words that could be interpreted as harassment, the examples listed above, along with the state definition of harassment, are not meant to be a complete list of objectionable behavior nor do they always constitute harassment. Harassment on the basis of sex need not be motivated by sexual desire in order to constitute unlawful harassment.
28.2 Quid Pro Quo Harassment
Under state and federal law, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s appointment.
• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals.
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
28.3 Retaliation
Retaliation occurs when adverse conduct is taken against a covered individual because of the individual’s protected activity as defined in this Policy. "Adverse conduct" may include but is not limited to disciplinary action, counseling, taking sides because an individual has reported harassment or discrimination; spreading rumors about a complainant or about someone who supports or assists the complainant; shunning or avoiding an individual who reports harassment or discrimination; or making real or implied threats of intimidation to prevent or deter an individual from reporting harassment or discrimination.
28.4 Guidelines for Identifying Harassment
Harassment includes any conduct which would be unwelcome or unwanted to an individual of the recipient’s same protected classification. 195
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The following guidelines to determine if conduct is unwelcome or unwanted should be followed:
• It is no defense that the recipient “appears” to have consented to the conduct at issue by failing to protest about the conduct. A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized or subjected to retaliation.
• Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome. Harassment can evolve over time. Small, isolated incidents might be tolerated up to a point. The fact that no one has yet complained does not preclude someone from complaining if the conduct is repeated in the future.
• Even visual, verbal, or physical conduct between two people who appear to welcome the conduct can constitute harassment of a third person who witnesses the conduct or learns about the conduct later.
Conduct can constitute harassment even if it is not explicitly or specifically directed at a particular individual.
• Conduct can constitute harassment even if the individual has no intention to harass. Even well-intentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an individual would find it offensive (e.g., gifts, over-attention, endearing nicknames, hugs).
28.5 Complaint Procedure
Report and Investigation of Complaint
If an individual believes that any City employee, vendor, client, or other business contact has harassed them, then the individual should immediately report the incident to their supervisor or Department Director, orally or in writing. If the immediate supervisor or Department Director is involved in the reported conduct tor, for some other reason, the individual feels uncomfortable about reporting to that supervisor or Department Director, the individual should then report directly to the City Manager. If the individual feels uncomfortable about reporting to the City Manager, then the individual should report directly to the Human Resources Division. If the individual feels uncomfortable about reporting to the Human Resources Department, then the individual should report directly to City Attorney. Employees are not required to follow the chain of command.
Any employee, who sees or learns of conduct that may constitute harassment under this policy, shall immediately advise their Department Director of the incident and actions taken. The Department Director shall 196
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immediately report the incident and actions taken to the Human Resources Director.
Upon receiving notification of a harassment complaint, the Human Resources Director will complete and/or delegate the following steps. • Authorize and supervise the investigation of the complaint and/or investigate the complaint. The investigation will usually include interviews with
o The complainant.
o The accused.
o Other persons who have relevant knowledge
concerning the allegations in the complaint.
• Review the factual information gathered through the investigation to determine whether the alleged conduct violates the Policy considering all factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred.
• Report a summary of the determination as to whether this Policy has been violated to appropriate persons. If discipline or sanctions are imposed, the level of discipline or sanctions will not be communicated to the complainant.
• If conduct in violation of this Policy occurred, take, or recommend to the appointing authority prompt and effective remedial action.
The remedial action will be commensurate with the severity of the offense.
• Take reasonable steps to protect the complainant from further harassment, discrimination, or retaliation.
28.6 Proactive Approach
The City takes a proactive approach to potential violations of this Policy and will investigate if its supervisory or management employees become aware that harassment, discrimination, or retaliation may be occurring, regardless of whether the recipient or third party reports a potential violation.
28.7 No Retaliation
The City will not retaliate, nor will it tolerate retaliation, against individuals who complain in good faith about harassment in the workplace. The City will investigate any such report and will take whatever corrective action is deemed necessary, including disciplining, and dismissing from employment any individual who is found to have violated these prohibitions against harassment and/or retaliation. All employees and supervisors have a duty to cooperate in the City’s investigation of alleged 197
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harassment and/or alleged retaliation. Failure to cooperate or deliberately providing false information during an investigation shall be grounds for disciplinary action, including termination.
28.8 Option to Report to Outside Administrative Agencies An individual has the option to report harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). These administrative agencies offer legal remedies and a complaint process. The nearest offices are listed on the Internet, or employees can check posters that are located on City bulletin boards for office locations and telephone numbers.
28.9 Confidentiality
Every effort will be made to assure the confidentiality of complaints made under this Policy to the greatest extent allowed by law. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. An employee who is interviewed during the course of an investigation is prohibited from attempting to influence any potential witness while the investigation is ongoing. An employee may discuss their interview with a designated representative. The City will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.
28.10 Responsibilities
Each non-manager or non-supervisor is responsible for:
• Treating all individuals in the workplace or on worksites with respect and consideration.
• Modeling behavior that conforms to this Policy.
• Participating in periodic training.
• Cooperating with the City’s investigations by responding fully and truthfully to all questions posed during the investigation. • Taking no actions to influence any potential witness while the investigation is ongoing.
• Reporting any act, they believe in good faith constitutes harassment, discrimination, or retaliation as defined in this Policy, to their immediate supervisor, or department head, or City Manager.
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In addition to the responsibilities listed above, each manager and supervisor is responsible for:
• Informing employees of this Policy.
• Taking all steps necessary to prevent harassment, discrimination and, retaliation from occurring, including monitoring the work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language.
• Receiving complaints in a fair and serious manner, and documenting steps taken to resolve complaints.
• Following up with those who have complained to ensure that the behavior has stopped and that there are no reprisals.
• Informing those who complain of harassment or discrimination of their options to contact the EEOC or CRD regarding alleged Policy violations.
• Assisting, advising, or consulting with employees and the City Manager regarding this Policy.
• Assisting in the investigation of complaints involving employee(s) in their departments and, when appropriate, if the complaint is substantiated, recommending appropriate corrective or disciplinary action in accordance with these Policies, up to and including termination.
• Implementing appropriate disciplinary and remedial actions. • Reporting potential violations of this Policy of which they become aware to the City Manager, regardless of whether a complaint has been submitted.
• Participating in periodic training and scheduling employees for training.
29 Investigation Guidelines for Sexual Harassment and
Discrimination Complaints
29.1 Investigation Procedure
Any investigation of sexual harassment or discrimination allegations shall be conducted in accordance with the section 28 of these Rules.
29.2 Treat All Complaints Seriously and Act Promptly
Even if a complaining employee insists that they want nothing done about the complaint, the City has an obligation to investigate any allegation of sexual harassment or discrimination promptly and thoroughly. All necessary steps must be taken to ensure that if the conduct has occurred, it does not continue.
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For example: Separate the employees by changing shifts or assignments; order the accused to have no contact with the complaining party; and/or depending on the seriousness of the allegations, place the accused employee on paid administrative leave pending the outcome of the investigation.
29.3 Neutral Investigator
All investigations need to be objective, fair and thorough. It is important that the individual chosen to do the investigation is unbiased when conducting the investigation.
29.4 Conduct of Investigator
All complaints of sexual harassment and discrimination will be treated seriously and promptly investigated.
29.5 Confidentiality Of Investigation
The City will make every effort to assure the confidentiality of complaints made under this policy to the greatest extent allowed by law. However, complete confidentiality may not be possible because of the City’s need to investigate the complaint and provide the subject of the complaint their due process rights, which include providing the subject of the investigation a copy of the complaint after the initial investigatory interview, if requested.
The City expressly prohibits an employee who is interviewed during the course of an investigation from attempting to influence other employees, including employees who may have witnessed the underlying conduct at issue, while the investigation is open and ongoing.
An employee may discuss their interview with a designated representative from the employee’s employee organization and/or the employee’s legal representative. The City will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.
29.6 Detailed Interview With Complainant
The investigator will interview the complaining employee. The complaining employee may be asked specific questions in order to obtain detailed information about the allegations.
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29.7 Interview the Accused Employee and Other Employees The investigator should interview the accused employee and all witnesses with relevant information. All interviews should be documented in detail and/or recorded.
29.8 Analysis of Investigation
In analyzing the evidence from the investigation, the investigator should keep in mind that the objective is to determine whether there has been a policy violation.
29.9 Documentation Of Sexual Harassment
Since personnel files can be purged, the Personnel Officer shall keep a separate file on all sexual harassment and discrimination complaints that are filed or raised by or against any individual. Such complaints would be available for purposes of corroboration or to find potential patterns of misconduct that would tend to verify the veracity of any future complaints, for notice, and for progressive discipline.
30 MISCELLANEOUS
30.1 Effective and Approval
These rules and regulations shall only become effective when the City Council adopt them. Upon adoption they shall supersede any and all Citywide and/or departmental personnel management policies, rules, regulations, and procedures previously adopted, except those adopted by order of a department director which are not in conflict with these Rules.
Any and all provisions contained in a Memorandum of Understanding (MOU) in effect at the time of adoption of these Rules, and which may be in conflict with the provisions of these Rules, shall remain in effect and supersede these Rules until such time as the conflicting provisions of the MOU may be modified, through the meet and confer process, to conform to these Rules. No existing MOU shall be modified, and no new MOU shall be entered into, which would establish provisions that would be in conflict with these Rules unless expressly identified by the City Manager and recommended to the City Council for review and approval.
30.2 Public Employees as Disaster Service Workers
Government Code Section 3100 et seq. declares public employees as disaster service workers and requires employees to report to work (and if 201
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not possible, then to the next closest public employer) following the effects of natural, manmade, or war caused emergencies. The City shall establish and maintain a method, or methods, of informing employees of their disaster service worker status. Employees who fail, without good cause, to honor their obligations as disaster service workers shall be subject to disciplinary action up to and including termination.
30.3 City Records, Contracts and Requests for Information All official City records and files are considered property of the City. Some records are considered confidential and will not be released. A request for information that is not part of an employee’s routine job responsibilities or duties should be referred to the employees’ Department Director.
All media requests should be referred to the City Manager or designee, specifically authorized by the City Manager to handle public information.
No employee, except those specifically designated, should accept service on behalf of the City of any legal documents pertaining to work-related cases. Any such documents received should be immediately turned over to the City Clerk.
Employees shall not respond to any subpoenas, requests for deposition or other legal requests for information regarding City business. Any such request shall be reported to the Department Director, City Manager and City Attorney immediately.
30.4 Employee Remote Access
Unless approved in advance by the City Manager, non-exempt employees may not have remote access to City equipment, resources, or emails. To be in compliance with FLSA any remote access for non-exempt employees will be on a case-by-case basis and will be the responsibility of the employee and the Department Director to ensure timecards are completed accurately and include any time spent working remotely.
30.5 Exempt Employee
FLSA exempt personnel are hired with the understanding that they are responsible for accomplishing the duties outlined for their assigned position or job, and not for a certain number of hours each day. The focal point is the job to be done, not the number of hours worked. However:
• Exempt positions are designed with an “at least 40-hour” workweek in mind. The necessity to perform consistent work for a substantial 202
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number of hours over 40 per workweek should be examined so that exempt employees are utilizing their time wisely.
• Exempt employees, including Department Directors are generally expected to be available to perform their job duties during normal business hours, however, completing the work assigned for an exempt position will, from time to time, require extra work to be performed outside of normal business hours or on the weekends. • Recognizing the varying demands placed on an exempt employee’s time, and in recognition of exempt employees spending
substantially more than a typical workweek in accomplishing the job, the City allows exempt employees to take limited periods off without using accrued vacation or sick leave, subject to the approval of the City Manager. Typically, an exempt employee will have a deduction from their accruals to equal the amount of time absent from work that reduces the employee’s normal workday, similar to non-exempt employees. Subject to the approval of the City Manager, for an exempt employee, absences of less than four (4) hours, are not to be charged to leave accruals, if at least 80 hours total have been worked otherwise during the timesheet reporting period (this would include a holiday day). See Section
19.5 for absences in excess of four (4) hours.
• Neither flexible work hours nor administrative leaves constitute additional compensation to exempt employees on an hour-for-hour basis for hours worked in excess of 40-hours per week.
Accordingly, exempt employees do not accrue a balance of compensatory leave hours.
30.6 Personnel Records
The Human Resources Department maintains personnel records for all employees.
Personnel records are considered property of the City and confidential information in a personnel file will not be revealed to outside sources except as required by law or with the consent of the employee and the City Manager.
Personnel Files
The City shall maintain an official personnel file for each of its employees.
Personnel files contain such personnel records as may be deemed necessary for the administration of labor and employment relations in the City. Personnel files shall be made available to employees for inspection within a reasonable time after an employee’s written request and without loss of pay, provided that employees shall make arrangements with their supervisor if the inspection occurs on duty.
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The City may preclude inspection of certain information in accordance with the law, such as background and other pre-employment information and materials relating to confidential investigations.
The City shall maintain separate files for injury reports, confidential medical records, grievances, discrimination complaints and other matters in accordance with applicable laws.
Employee Name, Classification Title, Department, Status, Salary Range, Salary, Benefits, Date of Hire and Separation date are all considered public record and will be disclosed if requested.
Outside Inquiries on Employees
All inquiries concerning information about employees from outside sources should be directed to Human Resources. No employee is authorized to provide a job reference for a current or former employee.
When former or current sworn employees are seeking employment in other agencies there may be a background investigation. In these instances, the Police Chief or designee will cooperate with the background investigation and may respond to such request on behalf of the City.
Rules Do Not Create Employment Contract
These Rules do not create a “contract” of employment between the City and any employee. Public employment is statutory, not contractual.
Severability
If any part of these Rules is determined to be unconstitutional or illegal, such part shall be severed from these rules and the remaining Rules shall be given full force and effect. The City shall comply with changes in state and federal law and shall amend these Rules as necessary for consistency. The term “City” as used in these rules refers to the City of Oakley. Responsibilities and rights of the City under these rules are exercised by the City Manager and may be delegated at the City Manager’s discretion.
204
Administrative Regulation
SUBJECT: ADMINISTRATIVE REGULATIONS
Effective Date February 28, 2023 Revised Date n/a Policy Number A101 1 of 4
1 Purpose
The purpose of this Administrative Regulation Policy is to establish policies that set forth and clarify the various administrative processes and procedures necessary for the efficient management of City affairs. The Policy specifies the manner in which to issue, revise, repeal, maintain, and communicate Administrative Regulations.
2 Policy and Procedures
An Administrative Regulation is a formal statement of administrative policy, organization, and procedure issued by the City Manager.
2.1 Criteria
In order to be included in the set of Administrative Regulations, a proposed regulation should meet the following criteria:
• It should be directed toward an ongoing City process or procedure; • It should be limited to one major subject area; and
• It should be applicable to more than one department in the City.
2.2 Issuance
Administrative Regulations shall be issued by the City Manager under the authority of Chapter 2, Article 1 of the Oakley Municipal Code. Upon approval by the City Manager, Administrative Regulations shall continue in full force and effect notwithstanding the appointment of a different City Manager unless such Administrative Regulations are expressly revised or repealed, in whole or part, by action of the then incumbent City Manager.
2.3 Responsibility
• Employees
Administrative Regulations will be binding on all City employees.
Employees shall conform to the provisions outlined in
Administrative Regulations.
• Supervisors and Managers
It is the responsibility of all supervisors and managers to ensure that their employees are familiarized with these Administrative Regulations to the extent necessary for proper compliance. 205
Administrative Regulation
SUBJECT: ADMINISTRATIVE REGULATIONS
Effective Date February 28, 2023 Revised Date n/a Policy Number A101 2 of 4
• Department Directors
Directors shall be responsible for:
o Preparing drafts of Administrative Regulations for subject areas for which their department exercises or shares
functional or technical supervision;
o Requesting placement of the draft Administrative
Regulations on agenda for review at a Department Head
meeting;
o Finalizing the Administrative Regulation for signature by the City Manager; and
o Editing/updating the Administrative Regulations initiated by their department as the need arises.
• City Manager’s Office
The City Manager’s Office shall be responsible for reviewing, drafting, distributing, and maintaining Administrative Regulations.
The City Manager has the sole ability to approve, repeal, and revise Administrative Regulations.
2.4 Preparation of Drafts
Department Directors will prepare drafts of Administrative Regulations as requested by the City Manager or draft Administrative Regulations on topics for which their department provides direction and/or coordination. Generally, draft Administrative Regulations will be based on present operating practices.
When an Administrative Regulation is requested by the City Manager, the topic, general guidelines for content, and specific requirements desired will be furnished to the department prior to preparation of a draft. • Format & Numbering
o All Administrative Regulations shall be drafted on the City’s Administrative Regulation template.
o Administrative Regulations should be numbered serially based on the digit category number below and shall fall into one of the following categories:
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Administrative Regulation
SUBJECT: ADMINISTRATIVE REGULATIONS
Effective Date February 28, 2023 Revised Date n/a Policy Number A101 3 of 4
Administration – A 100
Budget & Finance – B 100
Communications – C 100
Departmental Coordination – D 100
Employees – E 100
Facilities – F 100
General – G 100
• Review Process
o Drafts of Administrative Regulations will be submitted to the City Manager and other departments as needed
(Human Resources, Finance, City Attorney, etc.).
o The City Manager’s Office will place the draft
Administrative Regulation on a Department Head meeting
agenda for discussion by all Department Directors.
o Following a review of the draft Administrative Regulation by Department Directors, the initiating department will make any needed revisions to the Administrative Regulation and forward the Administrative Regulation in final form to the City Manager for signature.
o If an Administrative Regulation has been updated and
there are no major changes, it can be sent out
electronically via email to the Department Directors for review. All comments or suggestions should be sent back to the responsible department.
2.5 Distribution
Once signed by the City Manager, the City Manager's Office will distribute the final Administrative Regulation Citywide and make it available electronically.
An index of all Administrative Regulations will be maintained and distributed by the City Manager's Office.
207
Administrative Regulation
SUBJECT: ADMINISTRATIVE REGULATIONS
Effective Date February 28, 2023 Revised Date n/a Policy Number A101 4 of 4
2.6 Revisions
Revisions to an Administrative Regulation will be made as required by the initiating department. However, at no time shall an Administrative Regulation go more than five years without review.
2.7 Consistency With Other Policies
The City will follow all policies to meet and confer with a recognized bargaining unit prior to disbursement of an administrative regulation. 208
City of Oakley General Staff
Table of Content
Compensation and Benefits Resolution
1 COMPENSATION PLAN_____________________________________________________ 2
1.1 Five Step System ____________________________________________________________ 2
1.2 Cost of Living (COLA)_________________________________________________________ 2 2 BENEFITS________________________________________________________________ 2
2.1 Medical Insurance___________________________________________________________ 2
2.2 Dental Insurance____________________________________________________________ 4
2.3 Vision Insurance ____________________________________________________________ 4
2.4 Retirement ________________________________________________________________ 4
2.5 Other Retirement ___________________________________________________________ 5
2.6 Life Insurance and Accidental Death and Dismemberment __________________________ 5
2.7 Long Term Disability _________________________________________________________ 6
2.8 Longevity__________________________________________________________________ 6
2.9 Consolidated Omnibus Budget Reconciliation Act (COBRA)__________________________ 6
2.10 Uniforms and Safety Shoes____________________________________________________ 7
2.11 Bilingual Pay _______________________________________________________________ 8
2.12 Call-Out Pay________________________________________________________________ 9
2.13 Standby Pay________________________________________________________________ 9
2.14 Wellness Program___________________________________________________________ 9 209
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Compensation and Benefits
City of Oakey General Staff
1 COMPENSATION PLAN
1.1 Five Step System
The City has adopted a five-step system for full-time employees that is applied as follows:
• Full-Time Employees hired before July 1, 2021
All step advancements will occur annually in the first full pay period of July after a meets expectations overall
performance evaluation is achieved.
• Full-Time Employees hired on or after July 1, 2021
All step advancements will occur annually in the first pay period following hire date after a meets expectations overall performance evaluation is achieved.
1.2 Cost of Living (COLA)
Cost of living increases will occur in the first full pay period in July of each year for all positions within the general staff as follows:
July of 2023 – 3% COLA
July of 2024 – 2% COLA
July of 2024 – 2% COLA
July of 2025 – 2% COLA
COLA increases will not continue in future years unless approved by City Council Resolution.
2 BENEFITS
2.1 Medical Insurance
The City provides medical insurance benefits to all full-time employees at a rate determined by City Council. Medical insurance contributions are as follows:
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Employee Only Coverage $1,235 per month
Family Coverage $1,835 per month
Family Coverage is set to increase each year as follows:
December 1, 2023 $1,935 per month
December 1, 2024 $2,060 per month
December 1, 2025 $2,185 per month
December 1, 2026 $2,335 per month
Contributions will remain at $2,335 for all future years unless updated by City Council Resolution.
Part-time employees working more than 1,500 hours in a fiscal year will receive a pro-rated portion of the medical insurance benefit, based on their FTE percentage and are not eligible for any cash-in-lieu should they waive coverage.
Any employee who has alternative qualified group medical coverage and choose to waive group medical will be eligible for cash-in-lieu of medical as outlined below:
Hired before August 1, 2016
Cash-in-lieu will be paid at an amount not to exceed $1,235 per month. An employee whose medical group coverage is less than $1,235 per month will be entitled to the difference between the medical premium and $1,235 per month as cash-in-lieu.
Hired on or After August 1, 2016
Cash-in-lieu will be paid at an amount not to exceed $400 per month. An employee whose medical group coverage is less than $400 per month will be entitled to the difference between the medical premium and $400 per month as cash-in-lieu.
Employees who waive medical coverage are required to complete the Waiver Form as well as provide evidence of qualifying coverage.
For the purposes of determining who is eligible for health insurance, the City will use July 1 – June 30 as the Affordable Care Act (ACA) lookback measurement period.
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2.2 Dental Insurance
The City covers 100% of the premiums for all full-time employee plus qualified dependent coverage for dental insurance.
Employees who waive dental coverage are required to complete the Waiver Form. There is no cash-in-lieu for waived dental coverage.
Part-time employees working more than 1,500 hours in a fiscal year will receive a pro-rated portion of the dental insurance benefit, based on their FTE percentage.
2.3 Vision Insurance
The City covers 100% of the premiums for all full-time employee plus qualified dependent coverage for vision insurance.
Employees who waive vision coverage are required to complete the Waiver Form. There is no cash-in-lieu for waived vision coverage.
Part-time employees working more than 1,500 hours in a fiscal year will receive a pro-rated portion of the vision insurance benefit, based on their FTE percentage.
2.4 Retirement
The City participates in the California Public Employees’ Retirement System (CalPERS). Retirement benefits shall be consistent with the laws of the State of California and the United States.
Eligible City employees will fall within one of the following CalPERS plans.
These tiers are dependent on your specific membership status and will be solely determined by CalPERS.
Miscellaneous Classic Tier 1: Retirement plan for employees hired at the City of Oakley before October 18, 2010
Classic Tier 1 members shall receive the 2.5% at 55 retirement formula. For purposes of determining a retirement benefit, final compensation for these employees shall mean the single highest year of pensionable compensation.
Classic Tier 1 members have an employee contribution of 8%. This contribution is paid in full by the City.
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Miscellaneous Classic Tier 2: Retirement plan for employees hired at the City of Oakley on or after October 18, 2010, and meet the CalPERS definition of a Classic member.
Classic Tier 2 members shall receive the 2.0% at 60 retirement formula. For purposes of determining a retirement benefit, final compensation for these employees shall mean the single highest year of pensionable compensation.
Classic Tier 2 members have an employee contribution of 7%. This contribution is paid in full by the City.
Miscellaneous PEPRA: Retirement plan for employees hired at the City of Oakley on or after January 1, 2013, and do not meet the CalPERS definition of a Classic member.
PEPRA members shall receive the 2.0% at 62 retirement formula.
For purposes of determining a retirement benefit, final compensation for these employees shall mean the average of the highest earnings over thirty-six (36) consecutive months of service of pensionable compensation.
As required by Government Code § 7522.04(g), PEPRA members shall pay, through payroll deduction, fifty percent (50%) of the total normal cost of their retirement benefit as determined annually by CalPERS.
2.5 Other Retirement
The City provides several before and after-tax retirement plans in which participation is optional such as 457, 401a and Roth IRAs. These plans are available to all full-time and part-time employees working more than 1,500 hours in a fiscal year.
Should an employee choose to contribute to a 457 or 401a plan, the City will match up to one percent (1%) of the contribution each pay period.
The City also provides a Retiree Health Savings Plan. Contributions are mandatory by the employer and employee and are set as follows:
• Mandatory Employee contribution of twenty-five dollars ($25) per pay period.
• Mandatory Employer contribution of fifty dollars ($50) per pay period.
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The City provides a life insurance benefit of $100,000 coverage and accidental death and dismemberment to all full-time employees.
Part-time employees working more than 1,500 hours in a fiscal year will receive a pro-rated portion of the life insurance and AD&D benefit, based on their FTE percentage.
The City offers an optional life insurance plan to those employees wishing to add to their life insurance policy. Any optional life insurance will be paid for by the employee.
2.7 Long Term Disability
The City provides long term disability coverage to all full-time employees.
Part-time employees working more than 1,500 hours in a fiscal year will receive a pro-rated portion of the long-term disability, based on their FTE percentage.
2.8 Longevity
The City will pay all full-time employees a longevity incentive as follows:
All full-time employees with 10 or more years of service with the City of Oakley will receive one percent (1%) of base salary each pay period, beginning on the pay period following their anniversary date.
All full-time employees with 20 or more years of service with the City of Oakley will receive two percent (2%) of base salary each pay period, beginning on the pay period following their anniversary date.
2.9 Consolidated Omnibus Budget Reconciliation Act (COBRA) COBRA gives workers and their families who lose their health insurance benefit the right to choose to continue in group health benefits provide by their employer. The coverage is for a limited period under certain circumstances such as voluntary or involuntary job loss, reduction in hours worked, transition between jobs, death, divorce and other qualifying life events.
Qualified individuals may be required to pay the entire premium for coverage up to one hundred and two percent (102%) of the cost of the plan premiums.
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An employee’s eligible dependents may also have the right to elect and pay for continuation of coverage for a temporary period in certain circumstances where their coverage under the plan would otherwise end.
2.10 Uniforms and Safety Shoes
When required to be worn by employees, uniforms shall be provided to the employee at the expense of the City and are required to be worn during working hours. Work uniforms shall be appropriate for the typical function performed and consistent with good safety practices. The Department Director shall determine the color, style and lettering on the uniform to be worn by staff, subject in each case to the approval of the City Manager.
The City will purchase uniforms by department as follows:
Public Works Maintenance: The typical annual uniform will consist of five (5) pairs of pants, ten (10) shirts and one (1) jacket. The estimated annual cost of these uniforms is five hundred dollars ($650).
Code Enforcement and Inspectors: The typical annual uniform will consist of five (5) shirts. The estimated annual cost of these uniforms is two hundred dollars ($250). One (1) jacket will be provided every 2 years with an estimated cost of one hundred dollars ($100).
Police Non-Sworn Employees:
Records Full Time Staff: The typical annual uniform will consist of two (4) shirts. The estimated annual cost of these uniforms is two hundred dollars ($200).
Records Part Time Staff: The typical annual uniform will consist of two (2) shirts. The estimated annual cost of these uniforms is one hundred dollars ($100).
Service Assistants Full Time Staff: The typical annual uniform will consist of two (2) pairs of pants and five (5) shirts. The estimated annual cost of these uniforms is three hundred dollars ($300).
Service Assistants Part Time Staff: The typical annual uniform will consist of two (2) pairs of pants and two (2) shirts. The estimated annual cost of these uniforms is two hundred fifty dollars ($250).
Employees are to report to work in uniforms that are neat, clean, stainfree, and in good repair. The employee shall be responsible for properly laundering and mending their work uniforms at their expense. Where appropriate, (or more specifically: Employees whose duties routinely require interface with the public and do not involve physical labor) uniform shirts will be pressed.
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Uniforms will be purchased in April of each year by the department supervisor after receiving the proper approvals. An inventory of uniforms purchased, itemized by person shall be provided to the Human Resources Department no later than May 1st each year.
All new hires will be provided a uniform upon hire.
The City shall retain the right to establish minimum safety and quality standards for safety equipment, clothing, and steel-toed safety footwear to be used while performing assigned tasks. If an employee is at work without the required clothing or safety equipment, that employee will not be allowed to work until they are able to return to the worksite with the required clothing and safety equipment.
The City will purchase on an annual basis safety footwear for positions requiring such, as determined by the department director. The employee shall make the selection of appropriate footwear and shall be required to wear the approved footwear at all times while on duty. Footwear shall not exceed two hundred fifty dollars $250 per year. If an employee wishes to purchase footwear greater than the amount provided, any amount over the two hundred fifty dollars ($250) will be paid by the employee.
Safety footwear will be purchased in April of each year by the department supervisor after receiving the proper approvals. An inventory of safety footwear purchased, itemized by person shall be provided to the Human Resources Department no later than May 1st each year.
Part-Time and Seasonal employees that are required to wear safety footwear will be reimbursed for 100% of the cost of the footwear which shall not exceed two hundred fifty dollars ($250) per year. After being employed for at least 160 days, the employee may present a receipt to their supervisor to receive reimbursement.
2.11 Bilingual Pay
Bilingual Pay may be provided for proficiency in any language, including American Sign Language, that has been recommended by the department director and has been determined by the City to be relevant to the delivery of services to the public.
In order to be eligible, an employee must demonstrate their proficiency in the designated language by passing an oral and written exam.
Employees interested in providing translation services should submit a written request to their department director outlining the language they are proficient in as well as how it compliments their position and benefits the 216
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public. Should the department director agree with their request, the request will be forwarded to Human Resources to schedule an exam.
Once the employee successfully completes an exam, bilingual pay will begin on the first pay period following the certification of the results.
All full-time employees who are successfully certified, will receive bilingual pay of thirty-five ($35) per pay period.
Should an employee change positions, a new written request by the employee is required and must be approved for the employee to continue to receive this pay.
The number of employees designated to provide translation services will be at the sole discretion of the City.
2.12 Call-Out Pay
All non-exempt full-time employees designated as “call out employees” by their Department Director who are called to perform work after hours, shall be compensated for at least two (2) hours pay at one and one-half (1.5) times the employees’ hourly rate of pay for each call out occurrence.
2.13 Standby Pay
Non-exempt regular or probationary full-time employees, working in the Public Works Department and designated to be in Standby Status by their Department Director will be compensated for the time spent in such status.
Employees placed in standby status are expected to remain fit for duty for the entire period in which they are on standby.
Employees will be compensated at thirty-six dollars ($36) per day or twohundred fifty-two dollars ($252) per seven (7) day period. Should an employee serve in Standby for less than seven (7) days any compensation will be pro-rated by days.
Should an employee in standby status be called to report to work, Section
2.11 applies.
2.14 Wellness Program
The City encourages health and wellness for its employees. As a part of this effort, and as a benefit to employees, the City may pay up to thirty-five dollars ($35) monthly to reimburse health club dues for employees that join an approved local health club located in East Contra Costa County. 217
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Employees are responsible for all membership dues or amounts incurred pursuant to their membership.
The City’s payments for this benefit do not qualify for income tax exclusion under Section 132 of the Internal Revenue Code and therefore are taxable income. Taxes are the responsibility of the employee, and for those employees electing to participate in the program, applicable income will be reported, and taxes withheld as part of payroll processing. Reimbursement for membership will be paid on the second payroll of the month following the end of the quarter.
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City of Oakley Police Management
Table of Content
Compensation and Benefits Resolution
1 COMPENSATION PLAN_____________________________________________________ 2
1.1 Six Step System _____________________________________________________________ 2
1.2 Starting Base Pay ___________________________________________________________ 2
1.3 Compaction ________________________________________________________________ 2
1.4 Cost of Living (COLA)_________________________________________________________ 2 2 BENEFITS________________________________________________________________ 3
2.1 Medical Insurance___________________________________________________________ 3
2.2 Dental Insurance____________________________________________________________ 4
2.3 Vision Insurance ____________________________________________________________ 4
2.4 Retirement ________________________________________________________________ 4
2.5 Other Retirement ___________________________________________________________ 4
2.6 Life Insurance and Accidental Death and Dismemberment __________________________ 5
2.7 Long Term Disability _________________________________________________________ 5
2.8 Consolidated Omnibus Budget Reconciliation Act (COBRA)__________________________ 5
2.9 Uniforms __________________________________________________________________ 6
2.10 Bilingual Pay _______________________________________________________________ 6
2.11 Wellness Program___________________________________________________________ 7
2.12 POST Certification & Education Incentive ________________________________________ 7
2.13 Longevity Incentive Pay ______________________________________________________ 8
2.14 Retiree Medical_____________________________________________________________ 8 219
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Compensation and Benefit
City of Oakey Police Management
Police management is defined as all sworn officers not covered by the Police MOU. 1 COMPENSATION PLAN
1.1 Six Step System
The City has adopted a six-step system for Police Lieutenants that is applied as follows:
• All step advancements will occur annually in the first pay period following hire date after a meets expectations overall performance evaluation is achieved.
1.2 Starting Base Pay
Lieutenants starting base pay will be at least 20% higher than the highest paid Sergeant’s base pay. This is to compensate for the loss of holiday and incentive pays that are no longer available to Police Management employees.
1.3 Compaction
Total compaction between the Sergeant and Lieutenant and the Lieutenant and Chief will not fall below 10% when comparing total compensation at the maximum base salary for each position.
1.4 Cost of Living (COLA)
Cost of living increases will occur in the first full pay period in July of each year for all positions within the general staff as follows:
July of 2023 – 3% COLA
July of 2024 – 2% COLA
July of 2024 – 2% COLA
July of 2025 – 2% COLA
COLA increases will not continue in future years unless approved by City Council Resolution.
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2 BENEFITS
2.1 Medical Insurance
The City provides medical insurance benefits to all full-time employees at a rate determined by City Council. Medical insurance contributions are as follows:
Employee Only Coverage $1,235 per month
Family Coverage $1,835 per month
Family Coverage is set to increase each year as follows:
December 1, 2023 $1,935 per month
December 1, 2024 $2,060 per month
December 1, 2025 $2,185 per month
December 1, 2026 $2,335 per month
Contributions will remain at $2,335 for all future years unless updated by City Council Resolution.
Any employee who has alternative qualified group medical coverage and choose to waive group medical will be eligible for cash-in-lieu of medical as outlined below:
Hired before August 1, 2016
Cash-in-lieu will be paid at an amount not to exceed $1,235 per month. An employee whose medical group coverage is less than $1,235 per month will be entitled to the difference between the medical premium and $1,235 per month as cash-in-lieu.
Hired on or After August 1, 2016
Cash-in-lieu will be paid at an amount not to exceed $400 per month. An employee whose medical group coverage is less than $400 per month will be entitled to the difference between the medical premium and $400 per month as cash-in-lieu.
Employees who waive medical coverage are required to complete the Waiver Form as well as provide evidence of qualifying coverage. 221
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2.2 Dental Insurance
The City covers 100% of the premiums for all full-time employee plus qualified dependent coverage for dental insurance.
Employees who waive dental coverage are required to complete the Waiver Form. There is no cash-in-lieu for waived dental coverage.
2.3 Vision Insurance
The City covers 100% of the premiums for all full-time employee plus qualified dependent coverage for vision insurance.
Employees who waive vision coverage are required to complete the Waiver Form. There is no cash-in-lieu for waived vision coverage.
2.4 Retirement
The City participates in the California Public Employees’ Retirement System (CalPERS). Retirement benefits shall be consistent with the laws of the State of California and the United States.
Safety PEPRA: Retirement plan for employees hired at the City of Oakley on or after January 1, 2013 and do not meet the CalPERS definition of a Classic member.
PEPRA members shall receive the 2.7% at 57 retirement formula.
For purposes of determining a retirement benefit, final compensation for these employees shall mean the average of the highest earnings over thirty-six (36) consecutive months of service of pensionable compensation.
As required by Government Code § 7522.04(g), PEPRA members shall pay, through payroll deduction, fifty percent (50%) of the total normal cost of their retirement benefit as determined annually by CalPERS.
Classic Safety members, as determined by CalPERS, will receive some of the classic benefits, but the formula above is the only formula offered for all Safety Members.
2.5 Other Retirement
The City provides several before and after-tax retirement plans in which participation is optional such as 457, 401a and Roth IRAs. 222
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Should an employee choose to contribute to a 457 or 401a plan, the City will match up to one percent (1%) of the contribution each pay period.
In addition to the one percent (1%) match the City will contribute an additional two percent (2%) to a 457 or 401a plan of the employee’s choice for lieutenants for a total of three percent (3%).
The City also provides a Retiree Health Savings Plan. Contributions are mandatory by the employer and employee and are set as follows:
• Mandatory Employee contribution of twenty-five dollars ($25) per pay period.
• Mandatory Employer contribution of fifty dollars ($50) per pay period.
2.6 Life Insurance and Accidental Death and Dismemberment The City provides a life insurance benefit of $100,000 coverage and accidental death and dismemberment to all full-time employees.
The City offers an optional life insurance plan to those employees wishing to add to their life insurance policy. Any optional life insurance will be paid for by the employee.
2.7 Long Term Disability
The City provides long term disability coverage to all full-time employees.
2.8 Consolidated Omnibus Budget Reconciliation Act (COBRA) COBRA gives workers and their families who lose their health insurance benefit the right to choose to continue in group health benefits provide by their employer. The coverage is for a limited period under certain circumstances such as voluntary or involuntary job loss, reduction in hours worked, transition between jobs, death, divorce, and other qualifying life events.
Qualified individuals may be required to pay the entire premium for coverage up to one hundred and two percent (102%) of the cost of the plan premiums.
An employee’s eligible dependents may also have the right to elect and pay for continuation of coverage for a temporary period in certain circumstances where their coverage under the plan would otherwise end. 223
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2.9 Uniforms
The City shall pay for the full cost of employee uniforms and safety equipment. In the event these uniforms are damaged in the course of work or worn out as a result of normal wear, the uniform shall be replaced at no cost to the employee.
The City shall over the cost of laundering/dry cleaning of uniforms at a designated location.
The has estimated the cost of uniforms, including the cost of dry cleaning to be $1,000 per employee annually.
The City shall provide one pair of boots to each employee every calendar year, in an amount not to exceed $200.
2.10 Bilingual Pay
Bilingual Pay may be provided for proficiency in any language, including American Sign Language, that has been recommended by the department director and has been determined by the City to be relevant to the delivery of services to the public.
In order to be eligible, an employee must demonstrate their proficiency in the designated language by passing an oral and written exam.
Employees interested in providing translation services should submit a written request to their department director outlining the language they are proficient in as well as how it compliments their position and benefits the public. Should the department director agree with their request, the request will be forwarded to Human Resources to schedule an exam.
Once the employee successfully completes an exam, bilingual pay will begin on the first pay period following the certification of the results.
All full-time employees who are successfully certified, and who have received approval, will receive bilingual pay of thirty-five ($35) per pay period.
Should an employee change positions, a new written request by the employee is required and must be approved for the employee to continue to receive this pay.
The number of employees designated to provide translation services will be at the sole discretion of the City.
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2.11 Wellness Program
The City encourages health and wellness for its employees. As a part of this effort, and as a benefit to employees, the City may pay up to thirty-five dollars ($35) monthly to reimburse health club dues for employees that join an approved local health club located in East Contra Costa County.
Employees are responsible for all membership dues or amounts incurred pursuant to their membership.
The City’s payments for this benefit do not qualify for income tax exclusion under Section 132 of the Internal Revenue Code and therefore are taxable income. Taxes are the responsibility of the employee, and for those employees electing to participate in the program, applicable income will be reported, and taxes withheld as part of payroll processing. Reimbursement for membership will be paid on the second payroll of the month following the end of the quarter.
2.12 POST Certification & Education Incentive
Employees who posses or obtain the following POST certificates or educational degrees shall receive additional compensation as follows:
a. POST Intermediate Certificate – Two and one-half percent (2.5%) of base salary.
b. POST Advanced Certificate – Two and one-half percent (2.5%) of 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 the POST or Bachelor’s Degree incentive pay if the employee has a Master’s Degree for a total POST/Education incentive pay 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 to Human Resources. 225
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Any updates made to this section in the Police Officers Association MOU, shall apply to this section and be updated accordingly at the earliest convenience.
2.13 Longevity Incentive Pay
All employees, with the exception of the Police Chief, shall receive Longevity Incentive Pay as follows:
• Five (5) Years of Service – two- and one-half percent (2.5%) of base salary.
• Ten (10) Years of Service – additional two- and one-half percent (2.5%) of base salary (5% cumulative total).
• Fifteen (15) Years of Service – additional two- and one-half percent (2.5%) of base salary (7.5% cumulative total).
• Twenty (20) Years of Service – additional two- and one-half percent (2.5%) of base salary (10% cumulative total).
• Twenty-five (25) Years of Service – additional two- and one-half percent (2.5%) of base salary (12.5% cumulative total).
Employees who were previously serving in a sworn position with the City of Oakley while employed by Contra Costa Sheriff’s Office as of April 15, 2015, will receive credit for their prior service with Contra Costa Sheriff’s office when calculating longevity increments.
The increase in percentage is effective on the next pay period following the anniversary of the employee’s hire date.
The Police Chief will receive 5% of base pay if they have five (5) or more years of service with the City of Oakley. This longevity is not reportable to CalPERS as compensation.
Any updates made to this section in the Police Officers Association MOU, shall apply to this section and be updated accordingly at the earliest convenience.
2.14 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.
Contributions will be made for all employees in Police Management and employees may not individually elect against participation in the PORAC Medical Trust Plan.
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Members will also participate in the Legal Defense Fund offered through PORAC. These fees are paid directly by the employees to PORAC.
Any updates made to this section in the Police Officers Association MOU, shall apply to this section and be updated accordingly at the earliest convenience.
227
SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
OAKLEY POLICE OFFICERS ASSOCIATION AND THE CITY OF OAKLEY This Side Letter of Agreement is entered into by and between the Oakley Police Officers Association and the City of Oakley effective July 1, 2022. The items listed in this Agreement shall supersede any provisions included in the current Memorandum of Understanding (MOU). The parties agree to the following Terms and Conditions:
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.
0 to 36 months of service: 80 hours per year (3.06 per pay period) 36 to 72 months of service: 120 hours per year (4.62 per pay period) 72 to 168 months of service: 160 hours per year (6.15 per pay period) 168 or more months of service: 200 hours per year (7.69 per pay period) 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:
0 to 36 months of service: 200 hours maximum
36 to 72 months of service: 300 hours maximum
72 to 168 months of service: 400 hours maximum
168 or more months of service: 500 hours maximum
Maximum Accrual Buy Back
Any hours accrued above the maximum as of the paycheck that includes December 1st of each year will be paid to the employee on the second paycheck in December.
DocuSign Envelope ID: 9484BF6B-3C9C-4109-BA66-DC9FE4EDB141 228
12.2 Bereavement Leave
The City shall grant leaves of absence with pay when a member of the employee’s or employee’s spouse or domestic partner’s immediate family dies. “Immediate family” is defined in the “Definitions” section of this MOU. The City, in its discretion, may request documentation of the death of the family member.
If requested, the employee shall provide documentation of the death within 30 days of the first day of leave. Examples of such documentation include a death certificate, published obituary, or written verification of death, burial, or memorial services from a religious institution, a governmental agency, or a funeral home or similar entity.
Upon the death of a family member, an employee may take up to five days of bereavement leave. The days need not be consecutive but must be completed within three months of the date of death. Up to three (3) working days of leave shall be with pay if the death occurred within the State of California, and up to five (5) days if the death is outside of the State.
Additional time off in excess of the time stated above, may be taken by an employee with prior approval of the Police Chief. Additional time off is not paid and the employee must use accruals to account for the time off. Sick leave may be used to supplement bereavement leave. If the employee does not have accrual hours to utilize, the employee must request a Leave Without Pay in accordance with Section
24.1 of the Personnel Rules to extend bereavement leave beyond five days.
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:
1. Any employee formally placed on stand-by status in writing shall be paid two-hundred and fifty-two dollars ($252) per week (7 days). A partial week on stand-by status shall be prorated at thirty-six dollars ($36) per day.
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 one-half (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 DocuSign Envelope ID: 9484BF6B-3C9C-4109-BA66-DC9FE4EDB141 229
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 stand-by status.
City of Oakley Oakley Police Officers' Association
Joshua McMurray, City Manager Date Tyler Radcliffe, President Date DocuSign Envelope ID: 9484BF6B-3C9C-4109-BA66-DC9FE4EDB141 2/21/2023 2/20/2023
230
Resolution No. XX-23 Page 1 of 1
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING THE CITY OF OAKLEY’S PERSONNEL RULES
WHEREAS, in 2020 the City Council adopted a personnel ordinance #17-00 and created a personnel handbook in 2001, and
WHEREAS, in 2004 the handbook was updated and in 2008 a personnel manual was created and adopted, and
WHEREAS, the personnel manual was modified with slight changes in 2012, 2016 and 2017, and
WHEREAS, it was determined a new policy was required to modernize language, reorganize to make it easier for the reader, and bring current with best practices, and WHEREAS, having a policy in place allows for consistency and trust in how the City manages personnel issues as they may arise from time to time, and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby approves the following:
The Personnel Rules for the City of Oakley, attached as Exhibit A, effective February 28, 2023
PASSED AND ADOPTED by the City Council of the City of Oakley this 28th day of February 2023 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
___
Aaron Meadows, Mayor
ATTEST:
___
Libby Vreonis, City Clerk Date
231
Resolution No. XX-23 Page 1 of 1
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING THE CITY OF OAKLEY’S ADMINISTRATIVE REGULATION POLICY
WHEREAS, the Personnel Rules references an administrative regulation policy, and WHEREAS, the administrative regulation policy allows for the City Manager to implement processes and procedures that effect departments, and
WHEREAS, creating this policy will allow for guidelines on how and when to create these types of procedures as opposed to a Council approved policy, and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby approves the following:
The Administrative Regulation Policy, attached as Exhibit A, effective February 28, 2023.
PASSED AND ADOPTED by the City Council of the City of Oakley this 28th day of February 2023 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
___
Aaron Meadows, Mayor
ATTEST:
___
Libby Vreonis, City Clerk Date
232
Resolution No. XX-23 Page 1 of 1
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING
COMPENSATION AND BENEFITS FOR GENERAL STAFF (EXCLUDING THOSE
COVERED BY THE OPOA MOU)
WHEREAS, the Personnel Rules are being re-organized and re-written to modernize the policy, and
WHEREAS, the City, has recommended removing compensation and benefits from the Personnel Rules and created a separate document in order to make the updating of compensation and benefits more accessible, and
WHEREAS, all compensation and benefits were approved in June of 2022 by the City Council and this step is simply part of the clean-up of the personnel rules, and WHEREAS, the compensation and benefit resolution will update exhibit A anytime an amendment is made allowing for better tracking and transparency when it comes to the compensation and benefits provided,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby approves the following:
The Compensation and Benefits for the General Staff, attached as Exhibit A.
PASSED AND ADOPTED by the City Council of the City of Oakley this 28th day of February 2023 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
___
Aaron Meadows, Mayor
ATTEST:
___
Libby Vreonis, City Clerk Date
233
Resolution No. XX-23 Page 1 of 1
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING
COMPENSATION AND BENEFITS FOR POLICE MANAGMENT STAFF
(EXCLUDING THOSE COVERED BY THE OPOA MOU)
WHEREAS, the Personnel Rules are being re-organized and re-written to modernize the policy, and
WHEREAS, the City, has recommended removing compensation and benefits from the Personnel Rules and created a separate document in order to make the updating of compensation and benefits more accessible, and
WHEREAS, all compensation and benefits were approved in June of 2022 by the City Council and this step is simply part of the clean-up of the personnel rules, and WHEREAS, the compensation and benefit resolution will update exhibit A anytime an amendment is made allowing for better tracking and transparency when it comes to the compensation and benefits provided,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby approves the following:
The Compensation and Benefits for the Police Management Staff, attached as Exhibit A.
PASSED AND ADOPTED by the City Council of the City of Oakley this 28th day of February 2023 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
___
Aaron Meadows, Mayor
ATTEST:
___
Libby Vreonis, City Clerk Date
234
Resolution No. XX-23 Page 1 of 1
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING A
SIDE LETTER TO THE OAKLEY POLICE OFFICERS ASSOCIATION MEMORANDUM
OF UNDERSTANDING
WHEREAS, the Oakley Police Officers Association (OPOA) and the City have a memorandum of understanding (MOU) that was approved at the May 24, 2022 council meeting, and
WHEREAS, several updates were made to the City of Oakley Personnel Rules, and WHEREAS, in order to provide consistent language between the Personnel Rules and the MOU with OPOA several language updates are recommended, and WHEREAS, in addition to language changes, one slight modification to standby benefit is requested to make payroll more efficient, and
WHEREAS, it is agreed that updating language will allow for a consistent understanding of the intent of the language, and
WHEREAS, City Staff, Police Management and the OPOA board have discussed this side letter, and all agree it is the best interest of all parties involved, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby approves the following:
The Side Letter to the Memorandum of Understanding for the Oakley Police Officers Association.
PASSED AND ADOPTED by the City Council of the City of Oakley this 28th day of February 2023 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
___
Aaron Meadows, Mayor
ATTEST:
___
Libby Vreonis, City Clerk Date
235
SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
OAKLEY POLICE OFFICERS ASSOCIATION AND THE CITY OF OAKLEY This Side Letter of Agreement is entered into by and between the Oakley Police Officers Association and the City of Oakley effective July 1, 2022. The items listed in this Agreement shall supersede any provisions included in the current Memorandum of Understanding (MOU). The parties agree to the following Terms and Conditions:
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.
0 to 36 months of service: 80 hours per year (3.06 per pay period) 36 to 72 months of service: 120 hours per year (4.62 per pay period) 72 to 168 months of service: 160 hours per year (6.15 per pay period) 168 or more months of service: 200 hours per year (7.69 per pay period)
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:
0 to 36 months of service: 200 hours maximum
36 to 72 months of service: 300 hours maximum
236
72 to 168 months of service: 400 hours maximum
168 or more months of service: 500 hours maximum
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
Maximum Accrual Buy Back
Any hours accrued above the maximum as of the paycheck that includes December 1st of each year will be paid to the employee on the second paycheck in December.
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.
12.2 Bereavement Leave
The City shall grant leaves of absence with pay when a member of the employee’s or employee’s spouse or domestic partner’s immediate family dies. “Immediate family” is defined in the “Definitions” section of this MOU. The City, in its discretion, may request documentation of the death of the family member.
If requested, the employee shall provide documentation of the death within 30 days of the first day of leave. Examples of such documentation include a death certificate, published obituary, or written verification of death, burial, or memorial services from a religious institution, a governmental agency, or a funeral home or similar entity.
Upon the death of a family member, an employee may take up to five days of bereavement leave. The days need not be consecutive but must be completed within three months of the date of death. Up to three (3) working days of leave shall be with pay if the death occurred within the State of California, and up to five (5) days if the death is outside of the State.
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 the time stated above, may be taken by an employee with prior approval of the Police Chief. Additional time off is not paid and the employee must use accruals to account for the time off. Sick leave may be used to supplement bereavement leave. If the employee does not have accrual hours to utilize, the employee must request a Leave Without Pay in accordance with Section
24.1 of the Personnel Rules to extend bereavement leave beyond five days.
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
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b. Accumulated vacation leave
c. Accumulated compensatory time
d. Leave of absence without 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:
1. Any employee formally placed on stand-by status in writing shall be paid two-hundred and fifty-two dollars ($2520) per week (7 days). A partial week on stand-by status shall be prorated at thirty-six dollars ($36) per day.
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 one-half (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 stand-by status.
City of Oakley Oakley Police Officers' Association
Joshua McMurray, City Manager Date Tyler Radcliffe, President Date 238
PERSONNEL MANUAL
Adopted by the City Council
April 25, 2017
239
Table of Contents
INTRODUCTION & PURPOSE OF PERSONNEL MANUAL ................................................. 1-1 Mission and Values Statement .......................................................................................................................................................... 1-1 Human Resources Division .................................................................................................................................................................. 1-2 Disclaimer ........................................................................................................................................................................................................ 1-3 Acceptance of Employment .................................................................................................................................................................. 1-2 Applicability ...................................................................................................................................................................................................... 1-2 Personnel Officer ........................................................................................................................................................................................ 1-3 Department/Division Rules and Regulations ................................................................................................................................. 1-3 Approval of and Amendment to Personnel Manual .............................................................................................................. 1-4 Rights of Management ........................................................................................................................................................................... 1-4 Violation of Personnel Rules ................................................................................................................................................................ 1-4 DEFINITIONS ......................................................................................................................................................... 2-4 CLASSIFICATIONS OF POSITIONS ...................................................................................................... 3-1 Classification Plan ....................................................................................................................................................................................... 3-1 Reclassification .............................................................................................................................................................................................. 3-1 Types of Employees ................................................................................................................................................................................ 3-1 RECRUITMENT AND SELECTION OF EMPLOYEES .............................................................. 4-1 Administration ................................................................................................................................................................................................ 4-1 Announcement of Vacancies ............................................................................................................................................................... 4-1 Applications ..................................................................................................................................................................................................... 4-2 Disqualification of Applications .............................................................................................................................................................. 4-2 Competitive Selection Process ............................................................................................................................................................. 4-3
4.4.1 Employment Conditions .............................................................................................................................................................. 4-3 240
Reasonable Accommodation for Disabilities ................................................................................................................................. 4-4 Driver’s Licenses ......................................................................................................................................................................................... 4-4 Employer Pull Notice Program ........................................................................................................................................................... 4-5 Other Types of Appointments ............................................................................................................................................................. 4-5 Transfer ................................................................................................................................................................................... 4-6 Promotion ................................................................................................................................................................................... 4-6 Demotion ................................................................................................................................................................................... 4-7 Acting/Interim Position ............................................................................................................................................................. 4-7 Marital Status and Immediate Family ............................................................................................................................................. 4-8 Anti-Nepotism Policy ............................................................................................................................................................... 4-8 Marriage of Co-Employees ................................................................................................................................................. 4-9 Employment Incentives ............................................................................................................................................................................ 4-9 EQUAL EMPLOYMENT OPPORTUNITY ............................................................................................ 5-1 PROBATIONARY PERIOD ........................................................................................................................... 6-1 Application ....................................................................................................................................................................................................... 6-1 Probationary Status .................................................................................................................................................................................... 6-1 Action Required to Remove Employee from Probationary Status ................................................................................. 6-2 Evaluation After Removal from Probationary Status ............................................................................................................... 6-2 Extension of Probation ............................................................................................................................................................................ 6-2 Rejection from Probation ........................................................................................................................................................................ 6-3 Completion of Probation ......................................................................................................................................................................... 6-3
PERFORMANCE EXPECTATIONS, EVALUATIONS AND PROFESSIONAL
DEVELOPMENT .................................................................................................................................................. 7-1 Performance Expectations ...................................................................................................................................................................... 7-1 The 3P’s of Public Service ............................................................................................................................................... 7-1 241
Performance Evaluation ........................................................................................................................................................................... 7-2 Procedure for Conducting Performance Evaluations ................................................................................................................ 7-2 Informal Performance Evaluations ...................................................................................................................................................... 7-3 Employee Training and Development ............................................................................................................................................. 7-3 Tuition Reimbursement ............................................................................................................................................................................ 7-3 Eligibility ................................................................................................................................................................................... 7-3 Criteria ................................................................................................................................................................................... 7-4 Tax Issues ................................................................................................................................................................................... 7-4 Reimbursement .......................................................................................................................................................................... 7-4 No Reimbursement ................................................................................................................................................................. 7-5 General Information Regarding Tuition Reimbursement Program .................................................................. 7-5 Professional Organization Membership/Certificate Renewal ................................................................................................... 7-5 Travel and Training for Professional Development .................................................................................................................. 7-5 WORKWEEK, SCHEDULES, ATTENDANCE AND OVERTIME .......................................... 8-1 Hours of Business .................................................................................................................................................................................... 8-1 Attendance ..................................................................................................................................................................................................... 8-1 Excessive Tardiness/Absenteeism and Abuse of Leave .................................................................................... 8-2 Abandonment of Position .................................................................................................................................................... 8-2 Official Workweek for Computing Overtime and Compensatory Time ......................................................................... 8-3 Standard Work Periods for Non-Exempt, Full-Time Employees ...................................................................................... 8-3 Non-Exempt Office Personnel: .......................................................................................................................................... 8-4 Non-Exempt Public Works/Parks Field Personnel: ................................................................................................. 8-4 Lunch or Meal Periods .......................................................................................................................................................................... 8-4 Designation of Alternative Work Schedules ................................................................................................................................. 8-5 Break Periods – Non-Exempt Eligible Employees .................................................................................................................... 8-5 242
Lactation Breaks ......................................................................................................................................................................................... 8-6 Lactation Break Time ............................................................................................................................................................ 8-6 Private Location ......................................................................................................................................................................... 8-6 Storage of Milk ......................................................................................................................................................................... 8-6 Time Sheet Submittal .............................................................................................................................................................................. 8-7 Time Reporting – Exempt Employees ............................................................................................................................................ 8-7 Time Reporting – Non Exempt Employees ................................................................................................................................ 8-7 Purpose of Time Reporting ............................................................................................................................................... 8-7 Hours Worked ........................................................................................................................................................................... 8-7 Responsibility for Completion of Time Sheets ......................................................................................................... 8-9 Overtime Reporting ................................................................................................................................................................................. 8-10 Hours for Overtime .............................................................................................................................................................. 8-10 Accounting for Portions of an Hour Worked ........................................................................................................ 8-11 Work Period for Police – FLSA Section 207(k) .................................................................................................. 8-11 Compensation for Overtime ............................................................................................................................................. 8-11 No Remote Access .............................................................................................................................................................................. 8-13 No Volunteering of Work Time .................................................................................................................................... 8-13 Exempt Employee Policy .................................................................................................................................................................... 8-13 Management Leave - Exempt Employees ...............................................................................................................................8-14 COMPENSATION AND BENEFITS ......................................................................................................... 9-1 Compensation Plan ................................................................................................................................................................................... 9-1 New Employees ......................................................................................................................................................................................... 9-1 Merit Increases ............................................................................................................................................................................................ 9-1 Pay Upon Separation .............................................................................................................................................................................. 9-1 Employee Paychecks ............................................................................................................................................................................... 9-2 243
Overtime and Compensatory Time Off ......................................................................................................................................... 9-2 Insurance Benefit Programs.................................................................................................................................................................. 9-2 Health Insurance Benefit and Waiver ............................................................................................................................................. 9-2 Retirement Benefit Program.................................................................................................................................................................. 9-3 Employee Assistance program (EAP) ............................................................................................................................................. 9-4 Consolidated Omnibus Budget Reconciliation Act (COBRA) Continuation of Group Health Benefits ......... 9-4 Bilingual Pay ................................................................................................................................................................................................. 9-5 Call Out Pay ............................................................................................................................................................................................... 9-6 Wellness Program...................................................................................................................................................................................... 9-6 Part-Time Employees Eligibility for Pro-Rata Benefits ............................................................................................................. 9-6 HOLIDAYS, VACATION, SICK LEAVE AND OTHER LEAVES OF ABSENCE .... 10-1 Holidays ....................................................................................................................................................................................................... 10-1 Holiday Benefits for Full-Time Employees ................................................................................................................................. 10-2 Holiday Benefits for Regular Part-time Employees ............................................................................................................... 10-2 Work Performed on Holiday ............................................................................................................................................................. 10-3 Holiday Falling on a Weekend or Scheduled Day Off.................................................................................................... 10-3 Religious or Other Observances .................................................................................................................................................... 10-4 Paid Vacation Leave ............................................................................................................................................................................. 10-4 Eligibility for Vacation ............................................................................................................................................................................. 10-5 Initial Accruals - City Manager Discretion .................................................................................................................................. 10-5 Eligibility to Earn Vacation .................................................................................................................................................................. 10-5 Holiday During Vacation ...................................................................................................................................................................... 10-6 Illness During Vacation ......................................................................................................................................................................... 10-6 Earning and Accumulating Vacation Leave .............................................................................................................................. 10-6 Maximum Amount of Accrual .......................................................................................................................................................... 10-6 244
Vacation buyback .................................................................................................................................................................................... 10-6 Hardship Request ................................................................................................................................................................................... 10-7 Regular Part-time Employee Vacation Leave Benefit ......................................................................................................... 10-8 Limited Term and Seasonal Employees ................................................................................................................................... 10-8 Paid Management Leave ................................................................................................................................................................... 10-8 Sick Leave ................................................................................................................................................................................................. 10-9 Sick Leave Notice ................................................................................................................................................................ 10-9 Eligibility ................................................................................................................................................................................ 10-9 Accrual .............................................................................................................................................................................. 10-10 Earning and Accumulating Sick Leave................................................................................................................... 10-10 Sick Leave at Separation .............................................................................................................................................. 10-10 Use of Sick Leave ........................................................................................................................................................... 10-11 Abuse of Sick leave......................................................................................................................................................... 10-12 Proof of Illness/Injury ......................................................................................................................................................... 10-13 Sick Leave Donation Program for Catastrophic Circumstances ................................................................ 10-14 Rules of Sick Leave Donation Program ............................................................................................................... 10-14 Donation Guidelines ........................................................................................................................................................... 10-14 Donations are Voluntary .................................................................................................................................................. 10-15 Medical Termination ............................................................................................................................................................................. 10-15 Family Medical Leave Act and California Family Rights Act ...................................................................................... 10-16 Definitions ................................................................................................................................................................................................... 10-16 Covered Reasons for Leave ........................................................................................................................................ 10-22 Employee Eligibility .............................................................................................................................................................. 10-23 Parents Both Employed by the City ....................................................................................................................... 10-24 Amount of Leave ............................................................................................................................................................... 10-24 245
FMLA Coordination with CFRA and Other Leaves ........................................................................................ 10-25 City Designated FMLA/CFRA Leave ....................................................................................................................... 10-26 Cities and Employee’s Rights if Employee Requests Accrued Leave Without Mentioning FMLA/CFRA .................................................................................................................................................... 10-26 Maintenance of Benefits .................................................................................................................................................. 10-26 Job Restoration and Return to Work ..................................................................................................................... 10-28 Intermittent Leave and Reduced Work Schedules ........................................................................................... 10-28 Minimum Duration of Leave ......................................................................................................................................... 10-29 Procedure for Requesting Leave ...............................................................................................................................10-29 Procedure for Notice & Certification of Serious Health Condition ............................................................ 10-30 Deficiencies in Certification .............................................................................................................................................. 10-32 Second and Third Medical Opinions ....................................................................................................................... 10-33 Return to Work ................................................................................................................................................................... 10-34 Pregnancy Disability Leave .............................................................................................................................................................. 10-34 Eligibility and Leave Purposes ..................................................................................................................................... 10-34 Duration of Leave .............................................................................................................................................................. 10-35 Requirements Regarding the Use of Paid Leave ........................................................................................... 10-35 Notification Requirements ................................................................................................................................................. 10-36 Certification by Health Care Provider ....................................................................................................................... 10-36 Benefits, Transfers, Job Restoration and Return to Work while taking Pregnancy Disability Leave .............................................................................................................................................................................. 10-36 Domestic Violence Leave ................................................................................................................................................................. 10-37 Leave for Victims Of Domestic Violence, Sexual Assault, or Stalking to Obtain Restraining Orders or Injunctive Relief ..................................................................................................................................................................... 10-38 Crime Victim/Family Member Victims’ Rights Proceedings Leave.............................................................................. 10-38 246
Bereavement Leave ............................................................................................................................................................................. 10-39 Court Apperances ................................................................................................................................................................................. 10-39 Jury Duty .............................................................................................................................................................................. 10-39 Personal Court Appearances/Depositions ................................................................................................................ 10-40 Job-Related Court Appearances .................................................................................................................................. 10-40 Parental Participation Leave ............................................................................................................................................................. 10-40 Child Suspension Leave ................................................................................................................................................................... 10-41 Industrial Leave ....................................................................................................................................................................................... 10-42 Coordination of Benefits ................................................................................................................................................... 10-42 Accrual of Sick and Vacation Leave Continues While on Paid Leave .............................................. 10-42 Unpaid Leave and Continuation of Health Care Benefits ........................................................................... 10-42 Industrial Leave: Employees Covered by Labor Code Section 4850 ..................................................................... 10-43 Coordination of Benefits ................................................................................................................................................... 10-44 Paid Administrative Leave ................................................................................................................................................................ 10-43 Fitness for Duty ..................................................................................................................................................................................... 10-43 General Policy ...................................................................................................................................................................... 10-43 Role of Health Care Provider ..................................................................................................................................... 10-44 Results of the Fitness-for-Duty Exam ...................................................................................................................... 10-45 Confidentiality of Medical Information ........................................................................................................................ 10-45 Voting ..................................................................................................................................................................................................... 10-46 Military Leave of Absence ............................................................................................................................................................... 10-46 Leave Without Pay .............................................................................................................................................................................. 10-47 Unauthorized Absence From Work ............................................................................................................................................ 10-47 EMPLOYEE CONDUCT .............................................................................................................................. 11-1 Employee Conduct ................................................................................................................................................................................. 11-1 247
Personal Appearance ............................................................................................................................................................................ 11-1 Casual Friday .......................................................................................................................................................................... 11-1 Service of Process ................................................................................................................................................................................. 11-2 Off-Duty Social and Recreational Activities ................................................................................................................................ 11-2 Public Employees as Disaster Service Workers ................................................................................................................... 11-2 Smoking ....................................................................................................................................................................................................... 11-2 AB 846 Statewide Smoke-Free Entryway Law ................................................................................................... 11-3 EMPLOYEE RELATIONS ........................................................................................................................... 12-1 Employee Relations Philosophy ....................................................................................................................................................... 12-1 Employee Concerns .............................................................................................................................................................................. 12-1 Procedure ................................................................................................................................................................................ 12-1 Collective Risk Management Team (CRMT) ........................................................................................................................... 12-2 CRMT Activities ...................................................................................................................................................................... 12-2 Employee Grievance ............................................................................................................................................................................. 12-2 Reporting Time Limitation ................................................................................................................................................. 12-3 Informal Resolution Procedure ........................................................................................................................................ 12-3 Formal Grievance Procedure .......................................................................................................................................... 12-4 Written Grievance .................................................................................................................................................................. 12-4 Grievance Meeting ................................................................................................................................................................ 12-4 Appeal Process ...................................................................................................................................................................... 12-5 Timelines ................................................................................................................................................................................ 12-5 City Manager Decision....................................................................................................................................................... 12-5 Representation ......................................................................................................................................................................... 12-5 Freedom from Reprisal ...................................................................................................................................................... 12-6 EMPLOYEE DISCIPLINE ............................................................................................................................ 13-1 248
Disciplinary Action .................................................................................................................................................................................... 13-1 Causes for Disciplinary Action .......................................................................................................................................................... 13-1 Types of Disciplinary Action .............................................................................................................................................................. 13-5 Counseling ................................................................................................................................................................................ 13-5 Oral Reprimand ..................................................................................................................................................................... 13-5 Written Reprimand ................................................................................................................................................................ 13-6 Reduction-In-Pay ..................................................................................................................................................................... 13-6 Disciplinary Demotion ........................................................................................................................................................... 13-7 Suspension ............................................................................................................................................................................... 13-7 Termination ................................................................................................................................................................................ 13-7 Procedures for Taking Disciplinary Action .................................................................................................................................. 13-8 Investigation ............................................................................................................................................................................... 13-8 Notice of Proposed Disciplinary Action ..................................................................................................................... 13-8 Right to Respond - “Skelly” Process ........................................................................................................................ 13-8 Right of Appeal ................................................................................................................................................................... 13-11 Appeal Hearing ...................................................................................................................................................................................... 13-11 Scheduling the Hearing ..................................................................................................................................................................... 13-11 Conduct of Hearing ........................................................................................................................................................... 13-11 Failure of Employee to Appear at the Hearing ................................................................................................ 13-12 Representation ....................................................................................................................................................................... 13-12 Advisory Findings of the Hearing Officer .............................................................................................................. 13-12 Decision by the City Manager .................................................................................................................................... 13-12 No Retaliation ........................................................................................................................................................................ 13-12 Reimbursement ..................................................................................................................................................................... 13-13 RESIGNATION, LAYOFF, OR SEPARATION FROM CITY SERVICE ........................ 14-1 249
Types of Separation .............................................................................................................................................................................. 14-1 Resignation from City Service .......................................................................................................................................................... 14-1 Failure to Notify ..................................................................................................................................................................... 14-2 Use of Accrued Leaves ................................................................................................................................................... 14-2 Retirement from City Service ........................................................................................................................................................... 14-2 Termination - Disciplinary .................................................................................................................................................................... 14-2 Release of Probationary and Limited Term Part-Time and Limited Term Seasonal Employees.............. 14-3 Separation - Non-Disciplinary ............................................................................................................................................................. 14-3 Layoff – Reduction in Force ............................................................................................................................................................. 14-3 Return of City Property ....................................................................................................................................................................... 14-4 WORKPLACE SAFETY AND WORKPLACE VIOLENCE PREVENTION POLICIES15-1 Workplace Health and Safety .......................................................................................................................................................... 15-1 Employee Responsibilities .................................................................................................................................................................... 15-1 Supervisor/Manager Responsibilities ................................................................................................................................................ 15-1 Rules And Guidelines ........................................................................................................................................................................... 15-2 Mandatory Reporting Of Accidents And Injuries .................................................................................................................... 15-2 Reporting Requirements ....................................................................................................................................................................... 15-2 Reporting of Job-Related Injury ..................................................................................................................................... 15-3 Job-Related Industrial Injury or Disability (Workers’ Compensation) .............................................................................. 15-3 Workplace Violence Prevention Policy ......................................................................................................................................... 15-3 Prohibited Acts .......................................................................................................................................................................................... 15-4 Enforcement ................................................................................................................................................................................................ 15-6 Notification by Employees ................................................................................................................................................. 15-6 Investigation ............................................................................................................................................................................... 15-6 Steps to Provide Security ................................................................................................................................................ 15-6 250
City Response to Violation of Workplace Violence Policy ............................................................................. 15-7 Prevention ................................................................................................................................................................................ 15-7 HARASSMENT AND DISCRIMINATION PREVENTION POLICIES ................................ 16-1 Covered Individuals and Scope of Policy ................................................................................................................................. 16-2 Definitions ..................................................................................................................................................................................................... 16-2 Protected Classification ........................................................................................................................................................ 16-2 Discrimination ............................................................................................................................................................................ 16-2 Quid Pro Quo Harrasment ............................................................................................................................................. 16-4 Retaliation… ................................................................................................................................................................................ 16-4 Guidelines for Identifying Harassment ........................................................................................................................................... 16-5 Complaint Procedure ............................................................................................................................................................................. 16-6 Report and Investigation of Complaint ...................................................................................................................... 16-6 Proactive Approach .............................................................................................................................................................. 16-7 No Retaliation .......................................................................................................................................................................... 16-7 Option to Report to Outside Administrative Agencies ...................................................................................... 16-8 Confidentiality ............................................................................................................................................................................ 16-8 Responsibilities ......................................................................................................................................................................... 16-8 ALCOHOL AND DRUG POLICY .......................................................................................................... 17-1 Prohibited Acts ........................................................................................................................................................................ 17-1 Violations of Policy ............................................................................................................................................................... 17-2 Notification of Impairment .................................................................................................................................................. 17-2 Reporting By Employees .................................................................................................................................................. 17-3 Reasonable Accommodation ........................................................................................................................................... 17-3 Alcohol and Drug Testing .................................................................................................................................................................. 17-4 Drug and Alcohol Testing for Applicants for Employment ............................................................................ 17-4 251
Reasonable Suspicion Testing of Current Employees...................................................................................... 17-4 Positive Test Result ............................................................................................................................................................. 17-5 Testing Employees who have a Commercial Drivers License ................................................................... 17-6 Investigations, Searches, No Expectation of Privacy on City Property ...................................................................... 17-6
CITY RECORDS, COMMUNICATION SYSTEMS, AND REQUESTS FOR
INFORMATION .................................................................................................................................................. 18-1 City Records and Requests For Information ........................................................................................................................... 18-1 Public Records Act Requests .......................................................................................................................................................... 18-1 Media Requests ....................................................................................................................................................................................... 18-1 Legal Service and Requests for Information ........................................................................................................................... 18-1 Outside Inquiries Concerning Employees ................................................................................................................................... 18-2 Personnel Records ................................................................................................................................................................................. 18-2 Personnel Files ....................................................................................................................................................................... 18-2 Confidential Medical Records .......................................................................................................................................... 18-2 Employee Access to Personnel Files ....................................................................................................................... 18-3 Notification of Changes By Employees ...................................................................................................................................... 18-4 City Equipment and Resources ...................................................................................................................................................... 18-4 Policy and Applicablity ........................................................................................................................................................ 18-4 Agency Equipment or Resources ................................................................................................................................ 18-4 De Minimis Use .................................................................................................................................................................... 18-5 No Expectation of Privacy ............................................................................................................................................... 18-5 Appropriate Use ..................................................................................................................................................................... 18-5 Employee Cell Phone Usage ........................................................................................................................................ 18-6 Off Duty Use of Non-City Owned Technology Policy .................................................................................... 18-7 Electronic Public Records ................................................................................................................................................................... 18-7 252
EMPLOYEE CONFLICT OF INTEREST ........................................................................................... 19-1 Purpose ....................................................................................................................................................................................................... 19-1 Conflicts of Interest and Gifts ........................................................................................................................................................... 19-1 Conflicts of Interest Under Government Code Section 1090 ....................................................................... 19-2 Conflicts of Interest Under the Political Reform Act (Government Code section 87100 et seq.)19-2 Gifts and Gratuities .............................................................................................................................................................. 19-3 Statement of Economic Interest .................................................................................................................................... 19-4 Incompatible Activities .......................................................................................................................................................... 19-4 Use of Public Property ........................................................................................................................................................................ 19-4 Political Activities ....................................................................................................................................................................................... 19-4 Outside Business or Employment ................................................................................................................................................. 19-5 Annual Approval Required ............................................................................................................................................... 19-5 Changes in Outside Employment Status ................................................................................................................ 19-5 Revocation/Suspension of Outside Employment Authorization....................................................................... 19-6 Violations Subject to Discipline....................................................................................................................................... 19-6 MISCELLANEOUS ........................................................................................................................................... 20-1 Policy Regarding Vehicle Use ......................................................................................................................................................... 20-1 Use of City Vehicles .......................................................................................................................................................... 20-1 Use of Personal Vehicles ................................................................................................................................................ 20-1 Uniforms and Safety Shoes ............................................................................................................................................................. 20-3 REASONABLE ACCOMMODATION AND INTERACTIVE PROCESS .......................... 21-1 Reasonable Medical Documentation of Disability ................................................................................................. 21-1 Medical Certification Indicating the Need for Reasonable Accommodation or Transfer Due to Pregnancy or Related Conditions ......................................................................................................... 21-2 When to Initiate the Interactive Process .................................................................................................................. 21-2 253
Interactive Communication ................................................................................................................................................. 21-3 Potential Accommodations for Applicants or Employees with Disabilities ............................................... 21-3 Potential Accommodations for Applicants or Employees with Disabilities ............................................... 21-4 Potential Accommodations for Employee-Victims of Domestic Violence, Sexual Assault, or Stalking ................................................................................................................................................................................ 21-5 Potential Accommodations for Religious Creed, Religious Dress Practice, or Religious Grooming Practice ................................................................................................................................................................ 21-6 Determination ........................................................................................................................................................................... 21-6 254
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Introduction & Purpose of
Personnel Manual
The City of Oakley (hereinafter “City”) has prepared this Personnel Manual to familiarize its employees with City policies, benefits and rules, as well as the privileges and responsibilities of City employment. It is important that all employees read, understand and follow the provisions of the Manual to make the City work environment as positive and productive as possible. Please feel free to contact the City’s Human Resources Division, or the City Manager, with any questions.
The City strives to improve its policies and services and employees are encouraged to suggest improvements. By working together, the City hopes to instill a sense of individual and organizational pride that shows in the work, products and services that we provide to the community.
1.1 MISSION AND VALUES STATEMENT
The City exists to build and enhance a quality community and to serve the public in a friendly, efficient and responsive manner. The City values:
Honesty and Integrity
Quality Customer Service
Community Input and a Proactive Approach to solving community issues A Positive and Encouraging Environment
Teamwork
Professionalism
Fiscal Responsibility
All employees are committed to be polite, professional and progressive. 255
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1.2 HUMAN RESOURCES DIVISION
The City’s Human Resources Division, designated by the City Manager, provides employees with information and assistance in understanding the City’s personnel policies and procedures. The Human Resources Division is the best place for employees to obtain current information on work rules, benefits, personnel policies and procedures, payroll data, personnel records, insurance, job opportunities, and training. Human Resources personnel are also responsible for maintaining complete and up-to-date personnel records for all current employees.
1.3 DISCLAIMER
This Manual describes important City policies, procedures, practices, and benefits and is intended to acquaint employees with the privileges and responsibilities of City employment. However, it is not a legal document and does not constitute or create any expressed or implied contractual obligations between the City and its employees.
1.4 ACCEPTANCE OF EMPLOYMENT
As a condition of employment, each employee agrees to be governed by and to comply with the provisions of the Personnel Manual, all City ordinances and the rules, regulations and directives of the City department in which the employee is assigned and other official rules, policies, practices and procedures of the City applicable to the employee. Each employee is required to sign a statement of receipt acknowledging that:
(a) he or she has received a copy, or has been provided access to this Manual; and (b) understands that he or she is responsible to read and become familiar with the contents and any revisions to this Manual.
1.5 APPLICABILITY
Except as indicated, the provisions in this Personnel Manual shall apply to all officers and employees of the City, except for the City Council. Independent contractors 256
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and volunteers are not officers or employees. By separate employment agreement, the City Council may provide alternate personnel rules for the City Manager and City Attorney.
1.6 PERSONNEL OFFICER
The City Manager is authorized by the City Council to implement these policies and procedures. The City Manager is designated as the Personnel Officer and has the authority to:
1. Act as the appointing authority for the City as to all employees, except the City Attorney and her/his staff
2. Prepare and recommend to the City Council personnel rules and revisions and amendments to such rules
3. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the City Council
4. Maintain a classification plan, including class specifications and periodic revisions to the plan
5. Maintain a compensation plan, including ranges for pay increases within classifications
6. Provide increases in compensation for employees as set forth in the compensation plan approved by the City Council
7. Discipline employees in accordance with the personnel rules
8. Delegate any of the powers and duties of this Manual to a staff member or any other officer or employee of the City or to recommend that such powers and duties be performed under contract
1.7 DEPARTMENT/DIVISION RULES AND REGULATIONS
Department Directors/Division Managers may develop, implement and revise as necessary any departmental policies, procedures, rules and regulations required by unique 257
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operational requirements and their effect upon department/division personnel as needed for the full performance of duties and responsibilities and which are not contrary to this Personnel Manual, the City's ordinances and administrative policies, other official rules, policies and procedures of the City, state and/or federal law, or direction of the City Manager. All departmental policies, procedures, rules and regulations must be approved by the City Manager, or designee.
1.8 APPROVAL OF AND AMENDMENT TO PERSONNEL MANUAL
This Manual and any amendments thereto shall be approved by City Council resolution. The City retains the full discretion to modify this Manual, and the Policies and Procedures contained within this Manual, at any time, and in accordance with law.
1.9 RIGHTS OF MANAGEMENT
The approval of this Personnel Manual shall not be deemed a waiver or surrender of any management prerogative. Management rights are defined in Section 2 and outlined throughout this Manual, and any applicable Memorandum of Understanding (“MOU”) with any City bargaining group.
1.10 VIOLATION OF PERSONNEL RULES
Each employee is responsible for knowledge of and compliance with the provisions of the Personnel Manual and any amendments hereto. Violation of any provision of this Personnel Manual shall be grounds for disciplinary action, up to and including termination.
DEFINITIONS
The following terms, whenever used in this Manual, unless otherwise specified, shall be defined as follows:
Advancement: A pay increase within the limits of the salary range established for a classification.
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Applicant: A person who has filed an application for an employment position.
Appointment: The offer to and acceptance by a person of a position in the City service in accordance with the provisions of this Manual.
Appointing Authority: The City Manager is designated as having the power to make appointments to any position to be filled in any City Department/Division, and to perform those duties and obligations set forth under the duties of the Personnel Officer in Section
1. At-Will Employee: Employment with the City that may be terminated with or without cause and with or without notice, or right to pre- or post-disciplinary due process or evidentiary appeal. The employee serves at the pleasure of the City Manager, who retains the authority to terminate any such employee at any time. At-will employees have no property interest, expressed or implied, in the positions to which they are appointed. An “at will” employee has no right of appeal of discipline or termination. Nothing in this Manual or in any document or statement shall limit the right to terminate an at-will employee.
Authorized Position: A full-time position authorized by the City Council.
Budgeted Position: An authorized full-time position for which funds are appropriated.
Candidate: Any person who has been accepted for participation in an examination.
City: The City of Oakley, California; to also include the Successor Agency to the Oakley Redevelopment Agency and the Oakley Public Financing Authority, and any other governing body in which the City Council of the City of Oakley serves as the majority membership of the governing board, unless specifically excluded in this Manual.
Classification Plan: A list of titles of the classes of all regular positions in the City service, including a written specification of each class title and general description of the 259
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work to be performed by each class, a summary statement of duties and responsibilities for each class, and desirable qualifications for appointment.
Classified Service: All positions in the City service except the following: Elected Officials, the City Manager, the Assistant City Manager, the Assistant to the City Manager, the City Attorney, all Department Directors/Division Managers (as defined herein), all LimitedTerm positions, and any other employee hired as “at-will.” Collective Risk Management Team (CRMT): A group of at least three employees appointed by the City Manager to be available to review, investigate, and evaluate, as a team, any workplace liability risk or wrongdoing, such as employee safety, theft, harassment, discrimination, etc. The CRMT will recommend to the City Manager appropriate corrective courses of action.
Compensation Policy: Policy adopted by the City Council that sets the salary ranges for each job position; and sets forth the process and procedure for adjustments of the salary ranges, benefits and movement within the salary ranges.
Continuous Service: Service without an unauthorized break during the period for which the employee has been employed by the City. An unauthorized break in continuous service shall be construed as a deliberate severance of employment initiated by either the City or the employee for a period of more than three (3) working days, unless otherwise provided by law.
Council: The City Council of the City of Oakley, California.
Days: Calendar days, unless otherwise stated.
Demotion: The movement of an employee from one class to another class having a lower salary range.
Department Director: The Director, or Lead Staff Person of a City Department or Division, or other manager who reports directly to the City Manager – all serve “at-will.” 260
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Other employees that report directly to the City Manager serve "at-will” pursuant to job description, job offer letter and/or employment agreement.
Dismissal or Discharge: The termination of an employee’s employment with the City, usually for disciplinary reasons. At-will employees may be released from employment for any reason, whether disciplinary or not.
Division Manager: see Department Director.
Domestic Partners: Two adults who have satisfied all requirements of domestic partnership under the California Family Code.
Elected Official: A person currently a member of the City Council.
Eligible: A person who has earned a place on an active eligibility employment list established by a competitive examination.
Employee:A person who performs services for the City in the Classified, Limited, or Unclassified Service.
Exempt Employee: An employee who meets the qualifications for exemption from overtime compensation established by federal law.
Full-Time Position: Appointment to a position in which the employee typically works forty (40) hours per work week.
Grievance: An alleged violation, misinterpretation, improper application or non-compliance with the Personnel Manual, or other official City policies or departmental rules, affecting the status or working conditions of City employees, filed by one or more employees.
Human Resources Division: The staff designated by the City Manager to provide employment and benefit information, administer recruitments, safety and wellness programs, and other duties as assigned.
Job Description: A written statement of the general duties of a classification and the minimum qualifications required to perform them.
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Immediate Family Member: Includes individuals who are related by blood, marriage or adoption with the following relationships: spouse, domestic partner, child, child of a domestic partner, step-children, parent, step-parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, first cousin, parent-in-law, daughter-inlaw, son-in-law, brother-in-law and sister-in-law. A spouse is a partner in marriage as defined in California Civil Code 4100.
Layoff: The non-disciplinary separation of an employee because of a material change in organization, or shortage of work or funds, or for other business reasons as determined by the City Council. Layoff is action taken as a management prerogative and is without fault of the employee.
Leave: Absence, with or without pay, by an employee from work.
Authorized leave: Absence from work with prior approval from the supervisor or the Department Director and for which an employee will use accrued and available leave.
Employees who do not have sufficient leave accruals, including eligibility for statutory leaves, to cover her/his absences shall not be granted authorized leave except for good cause.
Unauthorized leave: Absence from work without prior approval from the supervisor or the Department Director.
Limited Term Part-Time: A specifically budgeted position that is not a Part-Time Regular or Full-Time position. Limited Term Part-Time employees work less than Part-Time Regular and Full-Time employees, typically less than twenty (20) hours per week and not more than 960 hours in any fiscal year (includes all time spent in one or more positions).
Limited Term Part-Time employees are paid for time worked on an hourly basis. Positions assigned as Limited Term Part-Time include, but are not limited to: Administrative Assistant, Accounting Assistant, Public Works Receptionist, Senior Recreation Leader, and 262
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Management Analyst. Limited Term employees serve “at-will” and may be terminated at any time with or without cause and without right of appeal. They have no property interest, express or implied in the position. The only benefits provided to Limited Term Part-Time employees are those required by law.
Limited Term Seasonal: A position that is not a budgeted Part-Time Regular or FullTime position, but rather has a specific term or seasonal purpose (limited to not more than 960 hours in any fiscal year). Limited Term Seasonal employees are paid for time worked on an hourly basis. Positions assigned as Limited Term Seasonal include, but are not limited to, hourly, temporary, intermittent positons, such as Recreation Aide, Recreation Leader, Seasonal Parks and Landscape Maintenance Laborer, Streets Laborer, Sports Field Maintenance Laborer, student, project, intern, some contract positions, and emergency positions. Limited Term Seasonal employees serve “at–will” and may be terminated at any time with or without cause and without right of appeal. They have no property interest, express or implied, in the position. The only benefits provided to Limited Term Part-Time Seasonal employees are those required by law.
Management Rights: The City of Oakley retains the exclusive right, except as expressly stated herein, to operate and direct the affairs of the departments of City government and all of their various aspects, including, but not limited to the right to direct the work force; to plan, direct and control all of the operations and services of the City; to determine the methods, means, organization and schedule by which such operations and services are to be conducted; to assign and transfer employees within the various departments to hire, promote, suspend, demote, discharge, reprimand, and evaluate employees; to relieve employees from duty due to lack of work or other legitimate reasons set forth in the City reduction-in-force policy; to change or eliminate existing methods, equipment, or facilities in order to maintain or increase the efficiency of 263
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governmental operations; and to exercise complete control and discretion over its organization and the technology of performing its work.
These Management Rights also include, but are not limited to, the following:
1. To determine the mission of its departments, commissions and boards and to determine issues of policy;
2. To set standards of service to be offered to the public;
3. To exercise control and discretion over its own organization and operations;
4. To determine methods of financing;
5. To determine the methods, means, number and kind of personnel by which its operations are to be conducted, including the right to contract or subcontract work or City functions and to determine workloads and staffing patterns;
6. To prescribe qualifications for employment, selection procedures and standards, job classifications, and to reclassify employees in accordance with applicable resolutions, rules and ordinances of the City;
7. To administer the City's personnel system; to reclassify positions; to amend the Compensation Policy; and, to add or delete position or classes;
8. To issue reasonable employee performance standards and to require compliance therewith;
9. To maintain order, efficiency, and safety in its facilities and operations.
Nothing herein shall not be deemed a waiver or surrender of any management prerogative.
Nepotism Policy: Policy prohibiting the hire or promotion of individuals who are related by blood, marriage or adoption to a member of the City Council, to a member of the Planning Commission, the City Manager, the City Attorney, or any person exercising appointing authority, or would have or are likely to have in the future any supervisory authority over such individuals. This prohibition includes the following relationships: spouse, 264
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domestic partner, child, step-children, parent, step-parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, first cousin, parent-in-law, daughter-in-law, son-in-law, brother-in-law and sister-in-law. A spouse is a partner in marriage as defined in California Civil Code 4100.
Outside Employment: Any employment, activity or enterprise outside of an employee’s normal City working hours wherein the employee is compensated for specific hours or duties on a regular basis. Outside employment does not include sporadic employment or occasional employment unless the employee is required to perform work related to her/his position with the City or utilize any City owned/controlled facilities, equipment, information, records, supplies, and/or uniforms.
Overtime: Hours worked in excess of forty (40) during the workweek, with prior Department Director approval, are compensable as overtime. Overtime shall be compensated in increments of 15 minutes at a rate of time and one-half. Time within any 15 minute increment shall be rounded off, with 0-6 minutes adjusting back to the preceding increment and 7-15 minutes adjusting forward to the next increment. Therefore, Overtime Eligible: Employees who are designated by the City as non-exempt pursuant to the Fair Labor Standards Act (FLSA). Such employees are eligible to receive overtime, with prior Department Director approval. FLSA exempt employees are not eligible for overtime.
Part-Time Regular: A person appointed to an authorized and specifically budgeted position who is scheduled to work at least 20 but less than 40 hours per week, or at least 1,040 hours but less than 2,080 hours per year in a job-share or continued part-time work schedule and who has successfully completed the probationary period. A Part-Time Regular employee occupies an authorized budgeted position and may be eligible for prorated benefits. 265
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Personnel Officer: The City Manager or someone appointed by him/her to act in that position.
Promotion: The movement of an employee from one classification to another classification having a higher maximum rate of pay.
Personnel Action: Any action taken with reference to appointment, compensation, classification, leave of absence, disciplinary action, separation, or termination.
Personnel Ordinance: Oakley Municipal Code Title 2, Chapter 3 which creates a personnel system for the City and which the City Council from time to time may amend.
Position: A group of duties and responsibilities requiring employment of one person.
Probationary Period: A trial “at-will” period of one (1) year after date of appointment, or date of promotion, during which an employee is required to demonstrate her/his fitness to perform the actual duties required of a specific position. The probationary period is an integral part of the examination of an individual, and the City will use the employee’s probationary period to evaluate the employee’s conduct, performance, attitude, adaptability, job knowledge and adherence to the polices found within this Personnel Manual. During the probationary period, a probationary employee serves at the pleasure of the City, has no property right in continued employment, and has no right of appeal of discipline or termination, and is an at-will employee. The City Manager may extend the probationary period up to an additional six (6) months, in his/ her sole discretion. At-will employees do not have a formal probationary period and remain at-will during their tenure as employees.
Reclassification: The change in the assignment of a position from one existing class to a new class or another existing class.
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Regular Day Off (RDO): The scheduled day off (the first and third Fridays) following eight nine hours days and one eight hour days in two weeks, stemming from the modified 9/80 schedule
Regular Full-time Employee: A person appointed to a regular position with the City who is scheduled to work five (5) days and forty (40), or more, hours per week, or other comparable full-time work schedule and who has successfully completed the probationary period. A regular full-time employee occupies an authorized budgeted position.
Reinstatement: The appointment, without examination, of either a former regular employee who resigned in good standing not more than one (1) year previously, or the return from a non-disciplinary demotion of an employee to a classification in which status was held not more than one (1) year previously. A reinstated employee must begin a new probationary period upon reinstatement.
Resignation: Resignation is a voluntary separation from the City with either verbal or written notice on the part of the employee. It is expected that employees will give at least two (2) weeks’ notice of resignation, preferably in writing. If employee gives verbal notice of resignation, the supervisor or the City Manager will acknowledge and accept the resignation in writing. Notice of resignation shall be final and may only be rescinded with approval of the City Manager.
Retirement:
Service Retirement: The voluntary separation and concurrent retirement of a regular employee after becoming eligible for retirement benefits.
Disability Retirement: The separation and concurrent retirement of a regular employee due to physical or mental inability to perform the duties of the position. 267
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Non-industrial disability means the disability need not be job-related. Industrial disability means the disabling injury or illness is work-incurred or job-related.
Salary Range: The minimum and maximum salary that is assigned to a job position.
Salary ranges for full-time employees are set by the City Council.
Suspension: An involuntary absence from duty without pay imposed for disciplinary purposes.
Termination: The separation of an employee from City service, either voluntarily or involuntarily.
Time Sheet: The document on which an employee’s actual hours worked and absences from work are recorded.
Transfer: A change of an employee from one position to another position in the same class or in a comparable class.
Unclassified Service: Positions that are not part of the Classified Service and in which there is no property interest. The Unclassified Service includes the City Manager, City Attorney, Assistant City Manager, all Department Directors, and Limited Term Part-Time, Limited Term Seasonal positions and any employees hired at-will. Employees serving in the Unclassified Service do so in an “at-will” status and employment may end at the lawful request of either the employee or the City.
Vacancy: An authorized position that is not occupied.
Work Week: The workweek for non-exempt City employees shall be from 12:01 p.m.
Friday through the following Friday 11:59 a.m., unless otherwise designated in writing by the Department Director with approval of the City Manager. 268
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Classifications of Positions
3.1 CLASSIFICATION PLAN
The City Manager maintains a classification plan, authorized by the City Council, which arranges every regular employment position in the City into classes with titles and job specifications, duties and responsibilities for each class. The classification plan and all future amendments must be approved and adopted by the City Council. The City Council reserves the right to eliminate classifications or staffed positions with at least fifteen (15) business days’ notice to any affected employee.
3.2 RECLASSIFICATION
The City Manager may initiate a job audit to determine whether the duties of a position have changed to such an extent that they necessitate reclassification of the position from the existing classification to a more appropriate classification. Upon completion of the job audit, the City Manager shall make a recommendation regarding reclassification to the City Council.
3.3 TYPES OF EMPLOYEES
Management Employees
Management Employees, including Department Directors and other designated positions with significant responsibilities and that report to the City Manager are “at-will” and these employees can be terminated with or without cause and without the right of appeal. Management Employees are paid on a salary basis and are exempt from overtime provisions pursuant to FLSA guidelines.
Probationary Employees
Probationary employees are not regular employees and are still being evaluated as part of the testing process for the position. Probationary employees are “at-will” and can be released from employment during the probationary period with or without notice 269
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or cause and without the right of appeal. Probationary employees serve a probation period either at the outset of initial employment with the City or at the outset of a promotion to a higher position. The probationary period for the City is one (1) year.
Regular Full-Time Employees
Regular full-time employees are employees who, upon the recommendation by the Department Director and approval by the City Manager, have successfully passed probation and are employed in a budgeted position with an indefinite term, regularly scheduled to work full-time hours (5 days and 40 (or more) hours per week). within the classified service. Non-management, regular full-time employees can only be subject to certain types of disciplinary action that result in a deprivation of property for cause and may utilize the disciplinary appeal process outlined in this Manual. Management, regular fulltime employees can be released from employment with or without notice or cause and without the right of appeal.
Regular Part-Time Employees
Regular part-time employees are employees who have successfully passed probation and hold a regular position in the classified service, but work between 20-40 hours per week. Regular part-time employees may hold either management or non-management positions. Non-management, regular part-time employees can only be disciplined or terminated for cause and may utilize the disciplinary appeal process outlined in this Manual. Management, regular part-time employees can be released from employment with or without notice or cause and without the right of appeal. Depending on the position, at the discretion of the City Manager, part-time employees may be eligible to receive pro-rated benefits for their position based on the number of hours worked.
Employees working nineteen (19) hours or less per week shall not receive prorated benefits.
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Limited Term Employees
Volunteers
Individuals who agree to provide specified services to the City for civic or philanthropic reasons on a strictly voluntary basis for no pay or other compensation, other than nominal fees and reimbursement of expenses. A volunteer serves at-will and at the pleasure of the City, has no property right in continued service or in employment, and has no right to any pre- or post-disciplinary procedural due process or evidentiary appeal. Unpaid interns are considered volunteers.
Independent Consultants/Contractors
An independent contractor is not an employee, and serves solely pursuant to a contract to perform specified services for the City that has been formed and approved as required by City purchasing policies and procedures. . These individuals are not City employees and are subject to the terms and conditions in their contracts with the City and have no employment rights with the City. An independent contractor cannot be used to perform any part of the City’s regular and customary work. 271
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Recruitment and Selection of
Employees
4.1 ADMINISTRATION
The City is committed to administering a fair and equitable recruitment and selection process for hiring new employees and promoting current employees. Vacancies that occur shall be filled by competitive process. This process shall include appropriate posting and notice of the vacancy, review of the qualifications of each applicant based upon the education, training, characteristics, skills, knowledge, abilities required, and establishment of a list of eligible candidates (“finalists”). As the appointing authority for the City, the City Manager shall review the list of finalists for each position and approve the final appointment of an applicant.
4.2 ANNOUNCEMENT OF VACANCIES
The recruitment announcement for vacant positions shall specify the position; title; salary range; nature of the work to be performed and essential job duties of the position; the minimum qualifications required for the job; the time, place and manner of making an application; a statement of the employment status of the position – for cause or at will; and any other pertinent information, including who to contact in the event that reasonable accommodation may be needed during the application process. In addition, if any medical examination and/or drug screen will be required following a conditional offer of employment, the recruitment announcement will include the type of examination and, if known, the time and place of the examination.
When the City seeks only promotional candidates, distributions will be limited to internal sources. Additionally, when distribution of a job announcement would detrimentally delay the filling of a position the City, in its sole discretion, may opt to fill the position temporarily from immediately available sources. At the City Manager’s discretion, an 272
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employment list may be maintained and may be utilized to fill vacant positions. Eligible persons would be those who meet minimum qualifications and originally applied through a competitive process. The eligibility list will expire within nine (9) months.
4.3 APPLICATIONS
An applicant for a position must submit an employment application as determined by the City. Job applications shall require information describing an individual’s training, experience, and other pertinent information as deemed necessary to assess qualifications for the job. Applicants may be required to provide supplementary information, including but not limited to: answers to job-related questions; resume; licenses; certifications; diplomas; letters of recommendation; and references. All applications must be completed in full and signed by the person applying. The City will not process any application which is not fully completed and signed.
Once submitted, the application will become an official record of the City and will not be returned. The City Manager, or designee, shall review all applications for completeness and will make final determination of the applicant’s qualifications. Whenever an applicant is rejected, disqualified, or not selected for any reason, the applicant shall be notified in writing within a reasonable period. The City Manager may extend or reopen the time for filing applications.
Should an applicant be appointed to a position, the application and supplemental information shall become part of the individual’s permanent employment records.
4.4 DISQUALIFICATION OF APPLICATIONS
The City Manager or designee may reject any application which is not properly completed or incomplete; received after the application deadline; or indicates that the applicant does not meet the minimum qualifications for the position. Whenever an application is rejected, notice of such rejection shall be mailed or emailed to the applicant. 273
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4.5 COMPETITIVE SELECTION PROCESS
The City shall use a competitive testing and selection process designed to determine the applicants with the best qualifications to perform the job. The content of any tests or examinations will be kept confidential prior to the administration of the examination. An eligibility list will be established of all qualified candidates who successfully pass the testing and selection process and are deemed the finalists for the position. The City Manager shall approve the final appointment of an applicant to a position.
4.6 EMPLOYMENT CONDITIONS
1. United States Citizenship
All employees of the City, except as otherwise provided by the laws of the State of California, must be citizens of the United States or authorized to work in the United States.
2. Physical Examination
The City of Oakley may require an employee to submit to an independent medical examination by a doctor selected by the City of Oakley to determine an employee’s fitness for duty. Human Resources Division will maintain a list of the applicable classifications. At the City Manager’s discretion, other classifications may also be required to undergo a physical examination.
3. Background Check
Prior to employment, all candidates who the City determines meet the minimum qualifications are subject to a background investigation. For some classifications this which may include a criminal background check consisting of fingerprinting and law enforcement records being checked for past criminal convictions, except for misdemeanor marijuanarelated convictions that are over two years old, or convictions that have been judicially 274
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sealed, eradicated or expunged. The extent of the investigation varies by classification and type of appointment, and inquiry is limited to collection of the job-related information necessary to make an employment decision. Any information thus obtained shall be confidential. Employment of or the continuation of service of employees with a criminal conviction must have the approval of the City Manager.
4.7 REASONABLE ACCOMMODATION FOR DISABILITIES
In accordance with applicable Federal and State laws, the City will attempt to accommodate reasonably qualified individuals with disabilities unless doing so would create an undue hardship on the City. Any qualified applicant or employee with a physical or mental disability who requires an accommodation in the testing and/or selection process or in order to perform the essential functions of the job should contact the Human Resources Division and request an accommodation. Following receipt of a request for accommodation, the City Manager, or designee, may require additional information, such as reasonable documentation of the existence of a disability. With any such request, the City will follow its Reasonable Accommodation/Interactive Process policy contained in this Manual.
4.8 DRIVER’S LICENSES
All employees who are required to operate a City vehicle or operate City equipment shall be required to maintain a valid California Driver’s License in the proper classification and with the proper endorsement (for example, a Recreation Supervisor responsible for transporting passengers must maintain a valid Class B license with passenger endorsement). All employees who may be assigned work entailing the operation of a City vehicle will be required to submit to a Department of Motor Vehicles driving records check as a condition of employment. The Human Resources Division shall process such checks.
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4.9 EMPLOYER PULL NOTICE PROGRAM
The City participates in the Department of Motor Vehicles Employer Pull Notice Program. The purpose of the program is to provide the City with a means of promoting driver safety through the ongoing review of driver records. All records are maintained by the Human Resources Division and are strictly confidential.
A report indicating a suspended or revoked license status or indicating an unsafe driving record may be cause to deny or terminate employment. Any employee who does not hold a valid driver’s license will not be allowed to operate a City vehicle until she/he obtains a valid license, and may be subject to disciplinary action. Any employee performing work, which requires the operation of a City vehicle, must notify her/his immediate supervisor in those cases where her/his license is expired, suspended, or revoked and/or who is unable to obtain an occupational permit from the Department of Motor Vehicles. Any employee who fails to report such revocation or suspension to her/his supervisor and continues to operate a City vehicle shall be subject to the full range of disciplinary action, up to and including termination from employment. Any employee whose job specification requires him/her to have a valid driver’s license in order to fulfill the requirements of the position may be subject to disciplinary action, up to and including termination, for inability to obtain a valid license due to suspension or revocation of the license.
4.10 OTHER TYPES OF APPOINTMENTS
A vacant position may be filled from an original appointment, temporary appointment, reinstatement, transfer, promotion, or demotion.
4.10.1 Transfer
A transfer is the appointment of a person from one classification to another which is equivalent to that of the classification held prior to the transfer, and/or from one 276
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department or division to another, upon approval of the City Manager and the affected Department Directors/Division Managers. A transfer of a regular employee from a position in one classification in the Classified Service to a position in another classification having related duties and responsibilities as determined by the City Manager and the same salary range, shall assume regular status in the classification to which assigned and may be required to serve a probationary period at the discretion of the City Manager. All other employees transferred to a position in the Classified Service shall serve a probationary period as set forth in this Manual.
4.10.2 Promotion
The appointment of any employee to a position, other than special assignment, in a classification, which has a higher maximum rate of pay than the employee’s present position, constitutes a promotion. Advancement from level I to level II of a classification is also deemed a promotion. In all cases, such promotion will be at the recommendation of the Department Director and upon approval of the City Manager, with confirmation that the expenditure created by such promotion is covered by the department budget. If not, the request for a budget adjustment will be presented to the City Council for consideration.
The promoted employee's new anniversary date shall be the effective date of the promotion. Unless extended or otherwise stated, an employee who has been promoted to a position in the classified service must successfully complete a one (1) year probationary period in the new position in order to attain regular employment status in such position. A regular part-time or full-time employee who is rejected during the probationary period from a position to which she/he has been promoted, may be reinstated to a position in the classification from which she/he was promoted if a vacancy in such 277
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a classification exists and unless the employee is terminated from City service as provided for in this Manual.
4.10.3 Demotion
A demotion is the appointment of a person to a classification having a lower maximum rate of pay. An employee may be demoted at her/his request, or because of a reduction in force, for disciplinary reasons, because of organizational restructuring, or for other reasons. Before a non-disciplinary demotion is considered effective, such action requires approval of the City Manager. Disciplinary demotions shall be imposed pursuant to the provisions in this Manual which address disciplinary actions. For a disciplinary demotion, a new anniversary date shall be established as of the effective date of demotion. For a non-disciplinary demotion, the employee’s previous anniversary date shall be retained. If the demotion involves an employee with regular status in her/his position at the time of demotion, then the demoted employee shall assume regular status in the classification to which she/he is demoted.
4.10.4 Acting/Interim Position
Employees directed to work in a vacant higher level regular position may receive a temporary salary increase to the beginning of the salary range of the higherlevel position, or at least a 5% temporary increase in pay, whichever is greater, when the employee serves in the higher level position in excess of 20 workdays. The increase does not apply to an employee who does not serve at least 20 workdays in the higher level position, but all employees who serve in an acting position for at least 20 workdays shall receive acting pay. Such increase shall be paid as if the assignment had been a promotion retroactive to the first day of such assignment. For purposes of this Manual, a vacant position is defined as an authorized regular position that is unoccupied due to attrition or due to the incumbent being on an extended leave of absence. The City 278
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Manager must approve requests for higher compensation. The City Manager may only approve such requests upon certification that the assigned employee meets the minimum training and experience guidelines for the position and is held responsible to perform fully the scope of duties that are outlined in the job description of the higher-level position. Assignment rotations among qualified staff are encouraged unless such rotations would considerably disrupt the operations of the department/division(s).
4.11 MARITAL STATUS AND IMMEDIATE FAMILY
It is the City’s policy not to discriminate against employees based on marital status. The City retains the right to:
1. Refuse to place one spouse or immediate family member under the direct or indirect supervision of the other spouse or immediate family member in that the placement has the potential for creating an adverse impact on supervision, safety, security, or morale.
2. Refuse to place spouses or immediate family members in the same department, division or facility in that it has the potential for creating an adverse impact on supervision, safety, security or morale, or potential conflicts of interest. “Immediate family member” is defined in the definitions section of this Manual.
4.11.1 Anti-Nepotism Policy
The City prohibits the hiring or promotion of individuals who are related by blood, marriage, or adoption to a member of the City Council, to a member of the Planning Commission, the City Manager, the City Attorney, or any person exercising appointing authority, or could have supervisory authority over such individuals. This prohibition includes the immediate family members as defined in this Manual. 279
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4.11.2 Marriage of Co-Employees
If employees marry or become domestic partners, or an employment relationship listed above is created by any other means, the City shall make reasonable efforts to assign job duties to minimize problems of supervision, safety, security, morale, or potential conflicts of interest. Should reasonable efforts to assign job duties to minimize such problems fail, one of the following must occur:
The City Manager or designee will attempt to arrange a transfer to a similar position in another department, division, or facility for one of the employees, usually the one in the junior classification. While the wishes of the involved parties will be considered, the controlling factors in determining which relative shall be transferred shall be the positive operation, efficiency, and needs of the City. There can be no guarantee that the new position will be within the same classification or at the same salary level; OR One of the employees must be separated from City employment if a transfer or demotion is not available. If one of the employees does not voluntarily resign, the City Manager may dismiss one employee and retain the other based on the best interest of the City. Neither the transfer of an employee nor the separation from service of an employee or any other decision implemented pursuant to this policy shall be subject to any administrative appeal or the grievance procedures.
4.12 EMPLOYMENT INCENTIVES
In the process of recruitment, selection, and retention, the City may consider various employment incentives. In no case, however, shall the City offer or authorize loans for real property or for any type of equity share agreements for real property to potential or existing City employees.
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Equal Employment Opportunity
The City is committed to providing equal opportunity in all of its employment practices, including selection, hiring, promotion, transfer, training, discipline, termination, and compensation to all qualified applicants and employees. The City prohibits discrimination on the basis of race/color, national origin/ancestry, sex (including gender, gender identity, and gender expression), religious creed (including all aspects of religious belief, observance, and practice, including religious dress and grooming), age, mental or physical disability, veteran status, medical condition, marital status or status as a registered domestic partner, sexual orientation, citizenship status (including a driver’s license issued to undocumented persons), pregnancy (including, medical conditions related to pregnancy or childbirth, and breastfeeding, or medical conditions related to breastfeeding), or any other protected status in accordance with the requirements of all federal, state and local laws. Unless based upon a bona fide occupational qualification, employment procedures and policies shall be implemented without regard to any protected classification listed above. Discrimination and harassment on the basis of a protected classification is unlawful and all persons involved in the operations of the City are prohibited from engaging in this type of conduct. Employees, volunteers, or applicants who believe they have experienced any form of employment discrimination are encouraged to report the conduct immediately by using the complaint procedures provided in this Manual or by contacting the U.S. Equal Employment Opportunity Commission or California Department of Fair Employment and Housing.
The City’s Equal Employment Opportunity Policy can be found in Section 5 of this Manual. The City’s Harassment, Discrimination, and Retaliation policy can be found in this Manual.
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Probationary Period
6.1 APPLICATION
This section applies only to employees who have been hired or promoted to regular full-time or regular part-time positions. It does not apply to management employees, Limited Term Part-Time, and Limited Term Seasonal employees or any other employees that are “at-will” employees as set forth in this Manual.
6.2 PROBATIONARY STATUS
All regular part-time and regular full-time employees hired or promoted shall be required to serve a one (1) year probationary period beginning from the date of appointment or promotion. The probationary period is considered an extension of the testing process, is intended to allow the City to determine if the employee can successfully perform the job, and is a good fit for the organization. The probationary employee’s performance will be periodically reviewed during this period. The probationary period does not include time served under a temporary or part-time appointment or for any period of unpaid leave.