Oakley City Council
June 13, 2023

Reserved Fund
Balance:

Accounts used to record a portion of the fund balance as legally segregated for a specific use or not available for appropriation.

Resolution: A special order of the City Council, requiring a majority vote, which has a lower legal standing than an ordinance.

Revenue:

Road
Maintenance
and Repair:

Income received by the City.

Senate Bill 1, also known as the Road Repair and Accountability Act of 2017, increases transportation funding and instituted muchneeded reforms. SB 1 provides the first significant, stable, and ongoing increase in state transportation funding in more than two decades. To receive SB1 funding, the City must contribute and 1254
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annual maintenance of effort from a different funding source such as the General Fund.

Salaries and
Benefits:

A budget category, which generally accounts for full time and temporary employees, overtime and all employee benefits, such as medical, dental and pension costs.

Successor
Agency:

With the dissolution of the Oakley Redevelopment Agency on February 1, 2012, the City elected to become the Successor Agency to the Redevelopment Agency, responsible for preserving and administering its non-housing related assets, paying and ensuring performance of its obligations, and for complying with the new law that requires the unimpeded winding down of the prior
Redevelopment Agency’s affairs.

Successor
Housing
Agency:

With the dissolution of the Oakley Redevelopment Agency on February 1, 2012, the City elected to become the Successor Housing Agency, accepting the prior Redevelopment Agency’s housing related assets and related housing responsibilities.

Taxes: Compulsory charges levied by a government for the purpose of financing services performed for the common benefit.

Transient
Occupancy Tax
(TOT):

Unassigned
Balances
A 10% tax imposed on travelers who stay in temporary lodging facilities within the City. Also referred to as a Hotel/Motel Tax.

The City established a policy in fiscal year 2012-2013 that in its special purpose funds, it would budget not only anticipated revenues, but also projected remaining available fund balances. The unassigned balance amount budgeted in any fund is the amount of available funds (revenues and available fund balances) that have not yet been assigned a specific current year purpose.
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LIST OF ACRONYMS AND ABBREAVIATIONS
ARPA – American Rescue Plan Act
CAR – California Association of Realtors
CDBG –Community Development Block Grant
CIP – Capital Improvement Project
CM – City Manager
CNG – Compressed Natural Gas
COPS – Community Oriented Policing Services
CSMFO – California Society of Municipal Finance Officers DIF – Development Impact Fees
DOJ – Department of Justice
DWR – Department of Water Resources
EDC – Economic Development Corporation
FAACT – Future Advocates for Agriculture Concerned about Tomorrow FB - Facebook
FTE – Full Time Equivalent
FY – Fiscal Year
GFOA – Government Finance Officers Association HMI – Housing Market Index IG - Instagram
MOU – Memorandum of Understanding
MDRR- Mt. Diablo Resource Recovery
OH Fees – Overhead Fees
O & M – Operational and Maintenance Expense
PD – Police Department
PEPRA – Public Employee’s Pension Reform Act PERS – Public Employees Retirement System PFA – Public Financing Authority
PPA – Power Purchase Agreement
PW – Public Works
RDA – Redevelopment Agency
RR – Railroad
RSTP – Regional Surface Transportation Program
SA –Successor Agency
SCADA – Supervisory Control and Data Acquisition
SD – Storm Drainage
SIG – Signals
SLESF – Supplemental Law Enforcement Services funds
SOI – Sphere of Influence
SRF – State Revolving Fund
SRO – School Resource Officer
STR – Streets
SWOT – Strengths, Weaknesses, Opportunities and Threat
TDA –Transportation Development Account
TCR – Traffic Congestion Relief
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CITY OF OAKLEY PROPOSED ANNUAL CAPITAL
BUDGET & 5 YEAR CAPITAL IMPROVEMENT

PROGRAM
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CAPITAL IMPROVEMENT PROGRAM
The Capital Improvement Program (CIP) is a major public infrastructure and planning tool for the City of Oakley. The CIP serves as a statement of the City's policies and financial abilities to manage the development of the community. The creation of a five- year CIP provides a systematic plan for providing infrastructure improvements within a prioritized framework and a general schedule for projects to proceed. Projects identified in the CIP meet the City’s General Plan. The first year reflects the adopted budget for the upcoming Fiscal Year (FY). The remaining four years represent a schedule and estimate of future capital needs that may be funded, given projected revenues and priorities.

There are several benefits for developing and adopting a Capital Improvement Program. Not only does the CIP become a management tool for the City Council and City staff; a CIP also provides valuable information to the citizens, developers, and businesses who are interested in the development of the community. The CIP document will assist in leveraging available resources through the timing of projects, and the coordination of City projects with improvements constructed by other entities.

Despite the many benefits of a CIP, it is important to highlight the fact that this is a planning document. Changes can occur for many reasons. Revenues can fluctuate because of changing economic conditions or shifts in City policy.

Private economic decisions can also affect the timing, scale, and location of capital projects. The City of Oakley’s CIP reflects the Strategic Goals of the City Council and is a critical investment tool for the community to help promote the economic vitality and viability for the City of Oakley.

The focus of the proposed CIP for FY 2023/24 through FY 2027/28 is to maintain the core infrastructure of the City of Oakley by utilizing the most cost effective and creative approach. The CIP continues to prioritize and build new infrastructure for the community, which will enhance the quality of life for residents. In preparation of the CIP for FY 2023/24, a comprehensive review of prospective projects was performed.
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The CIP for FY 2023/24 is divided into specific projects to address unique needs for each component of the City’s infrastructure system (e.g., Streets, Parks & Facilities). This approach provides funding for infrastructure maintenance, construction of new improvements, and the long-range goals for protecting the quality of the public infrastructure system in the City of Oakley. The funding for CIP projects is generally from the following sources: Measure J Sales Tax, Gas Tax, Development Traffic Impact Fees, Development Park Impact Fees, Federal & State Grants, Assessment District Funds, and the City’s General Fund. The revenues from Development Traffic Impact Fees and Development Park Impact Fees are dependent upon the private development activity and regional economic growth. The CIP for FY 2023/24 conservatively budgets a portion of these funding sources to account for unforeseen downturns in the regional economic and development activity.

There is a direct relationship between CIP project construction, economic development, and the vitality of the community. New residents want to come and live in a community that is vibrant and provides a wide range of amenities (e.g., Recreation Center, Library, etc.). Commercial developers also look to build in communities that thrive and provide amenities for today’s lifestyle. The construction of CIP projects helps to enhance amenities and the quality of life for the community residents, which in turn makes Oakley a desired community for private development. The increase in the level of private development activity will provide opportunities for the City to undertake projects with various infrastructure improvements to complement the private development projects.
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PROPOSED CIP PROJECTS FOR FY 2023/24
Project #176, Oakley Regional Park Project – This project transforms a 55- acre site located at the north end of Sellers Avenue that was given to the City as part of the development agreements with the Emerson and Gilbert Ranch projects. This 55-acre site was an abandoned dairy farm that has been closed for decades. This project will construct a regional park at this site that will be a destination point for the Oakley community. A team of staff, consultants, and a Council sub-committee began the process of concept planning for this site in 2016. As a result of this work, a concept plan was developed and approved by the City Council. During 2019, there were further discussions with the community to solicit input as the concept plan was refined and adopted by the City Council to reflect the needs of the community and strategic goals of the City Council. This project will be a multi-phase project that will be designed and constructed over the coming years and would potentially cost over $60,000,000 to construct all its components. Funding for this project will be provided by a combination of grants and other local funds over several years. The first phase of this project was the demolition and removal of the abandoned and unsafe structures, which was completed in 2019. The city applied for two rounds of funding for this project from the State Proposition 68 State of California Grant in 2019 and 2021 and unfortunately was not awarded the grant. Staff will continue to explore other grant funding for this project to design and construct this project. During FY 2023/24 a new Master Planning study will be performed to solicit input from the community and various stakeholders on the features that are desired at this park and to ensure consistency with the new Oakley Strategic Plan 27+ that was adopted by City Council. The funding of the preliminary project design and site clean-up was allocated in FY 2016/17 and no additional funding is requested in the FY 2023/24 budget.

Project #186, West Cypress Road Bridge at Contra Costa Canal Reconstruction Project - The existing West Cypress Road Bridge that crosses the Contra Costa Canal is structurally deficient according to the latest Caltrans inspections. It will need to be reconstructed to continue to be safe and remain in service. The City of Oakley does not have a designated funding source for replacing the City’s bridges and relies upon State grant programs for major bridge improvement projects. Staff will apply for Highway Bridge Replacement and Rehabilitation (HBRR) grant funding for this project and once funding has been secured for this project, the design 1263
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and construction of this project will be initiated in future years. The funding of the preliminary project design was allocated in FY 2016/17 and no additional funding is requested in the FY 2023/24 budget.

Project #187, Main Street Bridge at Contra Costa Canal Rehabilitation Project - The existing Main Street Bridge that crosses the Contra Costa Canal needs rehabilitation to protect its structural integrity and to keep it off the Caltrans structurally deficient list. The City of Oakley does not have a designated funding source for repairing, maintaining, and improving the City’s bridges, and relies upon grant programs for major bridge improvement projects. Staff had applied for Highway Bridge Replacement and Rehabilitation (HBRR) grant funding for this project and secured funding which will be supplemented by local funds. The funding of the project design and construction was allocated in FY 2016/17 and no additional funding is requested in the FY 2023/24 budget.

Project #189, Piper Lane Drainage Channel Trash Capture Device Project - The Piper Lane drainage channel is one of the major drainage outfalls from the City of Oakley to the Delta in which the City is responsible for its maintenance and operation. This is an open channel that flows freely to the Delta and based on the new permit issued by San Francisco Regional Water Quality Control Board (SFRWQCB), it cannot convey trash to the open waters of the Delta. Historically, a large amount of trash and debris were transported to the Delta through this channel. This project will construct a new trash capture device at the upstream end of the channel near Vintage Parkway. The trash capture device will stop trash from flowing into the Delta and, as a result, puts the City in compliance with the SFRWQCB permit. The initial funding of this project was allocated in FY 2022/23 and no additional funding is requested in the FY 2023/24 budget.

Project #205, Downtown Gateway Plaza Roadway, and Parking Lot Project - The Oakley Multi-Modal Roadway and Parking Lot Project features a new AMTRAK train platform station located north of Main Street in the area between 2nd Street and Norcross Lane. The facility will provide connections for the Tri Delta Transit bus service to the new train station, as well as from the new Park & Ride lot located at Cypress Road and Main Street. The platform station is strategically located downtown on Main Street, adjacent to the new Main Street Plaza that will be constructed as a part of the project. This area could be used for future civic events and 1264
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markets. The location is within a five-minute walking radius to City Hall, the Civic Center Park, and Main Street restaurants. The project will provide approximately 275 surface parking spaces for downtown merchants and customers in addition to supporting plaza activities held on the evenings and weekends. AMTRAK will entirely fund the design and construction of the new railroad platform station and the City will design and construct the associated public street and parking lot infrastructure. The construction of the project is currently underway, and the AMTRAK platform station construction is anticipated to start in early 2024. The construction of both projects is anticipated to be completed by the end of 2024. The funding for this project was allocated in FY 2017/18 and FY 2022/23 budget, and no additional funding is requested in the FY 2023/24 budget.

Project #211, Main Street/Rose Avenue Intersection Improvement Project – With the continued growth of the community and new subdivision development projects along the East Cypress Road corridor, the associated traffic volumes will increase. Improving the streets and traffic signals will be necessary to accommodate the added volume of traffic to these new neighborhoods. Main Street and Rose Avenue have operated as a stop sign controlled intersection, which is not sustainable for the long term, and therefore a traffic signal is needed at this location. City staff have been discussing this intersection improvement project with the management staff of Ironhouse Sanitary District (ISD) to explore opportunities that this project could address. The City needs better traffic flows at this intersection and ISD needs a second access point from their prospective development site to Main Street. Currently, the Vintage Parkway neighborhood has only one access to Main Street. Installing a signal at Main Street/Rose Avenue would benefit the neighborhood by providing a long desired secondary access for the residents. Having secondary access would not only alleviate congestion at the current intersection but would provide another option for emergency vehicles to access the neighborhood and allow quicker response times. The design of this project would start after a cost share agreement is reached between the City of Oakley and ISD. The funding for this project will be allocated in the CIP budget in futures years, after an agreement with ISD is finalized.

Project #215, Downtown Parking Lot Construction Project – As part of the continuing efforts to improve and enhance Downtown Oakley, this project will construct a new parking lot and associated roadway infrastructure. This 1265
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new parking lot construction will be in collaboration with the development project at the intersection of Main Street and Norcross Lane, which will construct a new modern retail building, “Oakley Mercantile”. This new parking lot is part of the City’s multi-phase downtown infrastructure improvement project. The project will be constructed on the north side of the Oakley Entrepreneur Center and at the east side of the Oakley Plaza shopping center. The construction of the project is currently underway and anticipated to be completed by the end of 2023.The funding for this project design and construction was allocated in the FY 2018/19 and FY 2022/23 budget, and no additional funding is requested in the FY 2023/24 budget.

Project #228, Civic Center Emergency Generator Project - The Civic Center campus, as the center of government for the Oakley community, does not currently have back-up power. In periods of PG&E power outages, the operations at the Civic Center that require electricity, come to a halt. This is not acceptable due to all the uncertainty that can happen in an emergency.

This project will install an Emergency Generator behind the Civic Center buildings to provide stand-by power during the periods of PG&E power outages, to ensure that the Civic Center, and most importantly, the Police Department operations will continue uninterrupted. The funding for this project design and construction was allocated in the FY 2019/20 budget, and as part of the FY 2023/24 budget, $100,000 from the ARPA Fund will be added to the project budget.

Project #231, Sellers Avenue (Riverrock Drive to CCWD Canal Crossing) Widening and Improvement Project – Sellers Avenue is a 2-lane road that was constructed by Contra Costa County decades ago. The section of Sellers Avenue from East Cypress Road, to the north end of the road at the gate to the future Oakley Regional Community Park is destined to be widened to 4 lanes with curb and gutter, sidewalks, landscaped medians, bike lanes, and street lighting. Presently, the section of Sellers Avenue from East Cypress Road to Riverrock Drive has been widened and improved by the developers of the Emerson and Gilbert Ranch projects. This project will widen and improve the remaining section of Sellers Avenue from the intersection at Riverrock Drive to the gate of the future Oakley Regional Community Park.

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the Oakley Regional Community Park Project CIP # 176, when that project funding is secured. The funding for this project will be allocated in the CIP budget in future years.

Project #247, East Cypress Road Widening (Knightsen Avenue to Jersey Island Road) Project - This project will widen and fully reconstruct East Cypress Road east of Knightsen Avenue to Jersey Island Road. The growth and development of new subdivision projects along the East Cypress Road corridor has necessitated various infrastructure improvements to accommodate the increased traffic volumes on this roadway. These improvements include the widening of East Cypress Road to City standards along the Emerson and Gilbert Ranch projects. The City of Oakley also owns a property along East Cypress Road between Knightsen Avenue and Jersey Island Road. This property is part of the Burroughs Subdivision development site, and in collaboration with the developer of this subdivision, this City capital project will reconstruct East Cypress Road from Knightsen Avenue to Jersey Island Road. In following City of Oakley policy for frontage improvements, both the City and the developer will pay their share of this roadway construction project, which will be managed and constructed by the City. The funding for this project was allocated in FY 2021/22 budget and FY 2022/23 budget, and no additional funding is requested in the FY 2023/24 budget.

Project #249, Recreation Center Emergency Generator Project - This project will install an emergency generator at the Oakley Recreation Center. The Recreation Center campus is the center of recreational activities for the Oakley community, and currently does not have a back-up power source. In periods of PG&E power outages, the operations at the Recreation Center that require electricity come to a halt. This project will install an Emergency Generator behind the Recreation Center building to provide stand-by power during periods of PG&E power outages to ensure that the Recreation Center operations will continue uninterrupted. The funding for this project was allocated in FY 2022/23 budget, and no additional funding is requested in the FY 2023/24 budget.

Project #252, Downtown Storm Drain (AREA 29D) Improvement Project – Many years ago the Contra Costa County Flood Control District established drainage zones throughout the County for storm drain detention and treatment. These zones included large detention basins (e.g., Freedom Basin, Teakwood Basin, Del Antico Basin, etc.) and a network of underground pipe 1267
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systems to convey the storm water runoff from the City streets to these basins. There are 9 drainage zones in the City of Oakley. Storm Drain Zone 29D covers all the Gardenia Ave and Chianti Way neighborhood streets and conveys their storm drain runoff north toward Main Street and continues northerly under the railroad tracks. All parts of the storm drain system in this zone have been constructed, except for the section of pipe from the north side of Main Street just east of Miguel Drive, to the edge of the railroad tracks. This project will design and construct this section of storm drainpipe and its associated infrastructure, which will complete all the improvements in this zone. The initial funding of this project design was allocated in the FY 2021/22 budget; and the construction of this project will be funded in future years once sufficient funding is secured.

Project #255, Cypress Grove Subdivision Pump Station Building Project – The Cypress Grove Subdivision has a pump station, an emergency generator, and associated electrical components to support the storm drain system for this subdivision. The newer subdivisions, such as Emerson Ranch and Gilbert Ranch, house all such components in a building that is fully covered and protects their expensive electrical and mechanical components. However, at the Cypress Grove Subdivision, the pump station, emergency generator, and its associated electrical components are housed in a building with only a half roof and are exposed to environmental elements.

The components degrade much quicker when exposed to the elements and require more frequent service and costly replacement. This project will construct a full roof and new walls on the existing building to enclose and protect the valuable mechanical components, and to promote their longevity. The initial funding for this project was allocated in the FY 2021/22 budget. As part of the FY 2023/24 budget, $199,000 from the Cypress Grove CFD Fund will be added to the project budget.

Project #263, O'Hara Avenue / Carpenter Road Intersection Improvement Project – The construction of Carpenter Road from Rose Avenue to Cinnamon Ridge Drive as part of a private subdivision development project has opened this important east/west roadway corridor for the community.

This section of Carpenter Road will increase traffic flows at the intersection of O’Hara Avenue and Carpenter Road. This project will improve the traffic operations at this intersection by constructing protected left turn lanes on Carpenter Road on both the westbound and eastbound approaches to O’Hara Avenue. Additional improvements include the installation of a 1268
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video detection system and reconfiguration of the striping at this intersection. The initial funding for this project was allocated in the FY 2021/22 and FY 2022/23 budget, and no additional funding is requested in the FY 2023/24 budget.

Project #265, Irrigation Well Installation at the City’s Freedom Basin Project – This project will install a new irrigation well adjacent to O’Hara Avenue next to the City owned storm drain basin, more commonly known as Freedom basin. This new well will provide the City with an independent, stable, and continuous source of water to irrigate the large field that is used by an assortment of leagues for sporting activities. The existing well used to irrigate the field is owned and operated by the High School District, and due to its continuous breakdowns, this well is not a reliable source to provide the massive amount of irrigation water needed for this field. The initial funding of this project was allocated in the FY 2021/22 and FY 2022/23 budget, and no additional funding is requested in the FY 2023/24 budget.

Project #268, Main Street / Delta Road Intersection Signalization Project – This project will install a traffic signal and improve the Main Street / Delta Road intersection. This intersection is identified to have a traffic signal per the City’s Traffic Impact Fee program. With the increase in traffic volumes at this location, a signal will improve safety and traffic circulation. The preliminary design of this project was started in FY 2021/22 to develop the plan and identify the Right of Way that is needed for this project. In the subsequent years, the final design and Right of Way acquisition will be completed. The initial funding of this project was allocated in the FY 2021/22 and FY 2022/23 budget, and no additional funding is requested in the FY 2023/24 budget.

Project #269, Main Street / Brownstone Road Intersection Signalization Project – This project will install a traffic signal and improve the Main Street / Brownstone Road intersection. This intersection is identified to have a traffic signal per the City’s Traffic Impact Fee program. With the increase in traffic volumes at this location, a signal will improve safety and traffic circulation. The preliminary design of this project was started in FY 2021/22 to develop the plan and identify the Right of Way that is needed for this project. In the subsequent years, the final design and Right of Way acquisition will be completed. The initial funding of this project was 1269
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allocated in the FY 2021/22 and FY 2022/23 budget, and no additional funding is requested in the FY 2023/24 budget.

Project #270, Hall Street Extension Project – This project will extend Hall Street north of Main Street to provide a direct connection to the new parking lot that will be constructed as part of the Downtown Gateway Plaza Roadway and Parking Lot Project. This project is consistent with the Downtown Vision program that was approved by the City Council and will help to improve the traffic flows and parking lot accessibility in the Downtown area. The initial funding of this project was allocated in the FY 2021/22 budget, and no additional funding is requested in the FY 2023/24 budget.

Project #273, Laurel Road Extension Project (Teton Road to Sellers Avenue) - This Project will extend Laurel Road from Teton Road to Sellers Avenue providing an alternate and much needed secondary route to East Cypress Road. Currently, the only way in and out of eastern Oakley is via Main Street to East Cypress Road. This current route along East Cypress Road passes by an elementary and middle school and crosses the Burlington Northern Santa Fe (BNSF) railroad tracks. Extending Laurel Road from Teton Road to Sellers Avenue will provide a secondary access route out of the Cypress Road corridor. The design of this project, right of way acquisition, and permit processing from BNSF will take several years to accomplish. The initial funding of this project was allocated in the FY 2021/22 and FY 2022/23 budget, and no additional funding is requested in the FY 2023/24 budget.

Project #274, Neroly Road Repair and Resurfacing Project (Empire Avenue to O'Hara Avenue) - Neroly Road was constructed as a part of the Magnolia Park Subdivision. Since that time the roadway has settled in areas near the utility manholes causing an uneven asphalt surface. Staff has continually performed patching near the manholes to keep the roadway surface smooth.

This temporary fix has provided good results but didn't address any underlying problems. This project will perform engineering investigation and excavation at several locations to determine the cause of the settling at the utility manholes and to provide a solution to remedy the problem. The funding of this project was allocated in the FY 2022/23 budget and no additional funding is requested in the FY 2023/24 budget. 1270
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Project #279, FY 2022/23 Street Repair and Resurfacing Project - This project will repair the base and surface failures, as well as resurface the City’s streets as a part of a comprehensive program to maintain the roadways for the community. Street repair and resurfacing is critical in keeping the quality of the City’s street infrastructure in good condition and prevent costly reconstruction due to the lack of proper rehabilitation and maintenance. This project will address a few neighborhoods which need Sierra-Crete base remediation in addition to repair and resurfacing. The funding of this project was allocated in the FY 2022/23 budget and as part of the FY 2023/24 budget, $500,000 from the Gas Tax RMRA Fund, $1,300,000 from Measure J, and $1,000,000 from Street Maintenance & Rehab Fund will be added to the project budget.

Project #280, Laurel Road Widening Project (O'Hara Avenue to Cloverbrook Avenue) - Laurel Road from O'Hara Avenue to Cloverbrook Avenue is the last section of Laurel Road that needs to be widened and improved. Laurel Road is a major Arterial Road and the City's designated truck route with a direct connection to Highway 4. This section of Laurel Road has not been widened or improved due to the lack of Right of Way and is starting to deteriorate due to the large volume of vehicles that use Laurel Road every day. Staff is working with the property owners to obtain the necessary right of way for this widening, which will also require major utility relocation of the Western Area Power Administration (WAPA) utility poles. This entire project will span several years to complete due to the complex nature of its various components. The initial funding of this project was allocated in the FY 2022/23 budget and no additional funding is requested in the FY 2023/24 budget.

Project #281, Enrico Cinquini Park Construction Project – The developer of the Stonewood Subdivision, a collection of 262 lots, was conditioned to construct a new park (Enrico Cinquini Park) at the intersection of Rose Avenue and Carpenter Road. The developer’s obligation of $2.1M is not sufficient to construct this park and its associated facilities and features, which includes a parking lot. The City will design and construct this park utilizing the Park Impact Fee obligation of the developer, as well as supplementing it with additional City Park Impact fees. The initial funding of this project was allocated in the FY 2022/23 budget and as part of FY 2023/24 budget, $700,000 will be added to the project budget from the Park Impact Fee Fund.
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Project #283, Laurel Road Bridge Widening over Marsh Creek Project – Laurel Road at the Marsh Creek Bridge is currently a narrow 2 lane roadway that is structurally inadequate and needs to be widened and improved to tie into the future Laurel Road Extension Project at Teton Road.

This project will complement Capital Improvement Project No. 273, provide improved access for Laurel Road, and accommodate future traffic volumes from the developments along the East Cypress Road Corridor. The initial funding of this project was allocated in the FY 2022/23 budget and no additional funding is requested in the FY 2023/24 budget.

Project #286, City Hall Rooftop Solar Power Project – This project will install solar panels on the roof of the Civic Center to provide the electricity needed for the operation of the Civic Center facilities in a sustainable and environmentally friendly approach. The implementation of this project will reduce the carbon footprint of the Civic Center operations which is a part of the new Strategic Goals for the City. The initial funding of this project was allocated in the FY 2022/23 budget. As part of the FY 2023/24 budget, $50,000 from the ARPA Fund will be added to the project budget.

Project #287, Koda Dog Park Shade Structure Project – The Koda Dog Park has become a very popular destination for residents and visitors to bring their dogs to exercise and play. One of the frequent requests from the community has been for a shade structure at this park, especially in the areas where people sit on the benches while their dogs play. This project will construct new shade structures that would complement this park and its facilities for the enjoyment of all visitors to the Koda Dog Park. The initial funding of this project was allocated in the FY 2022/23 budget and no additional funding is requested in the FY 2023/24 budget.

Project #293, Main Street Slurry Seal (at Highway 160) Project – The construction of the Oakley Logistic Center was one of the most high-profile projects in Oakley which created a new Amazon Fulfillment Center in Oakley. This project included several off-site roadway improvements that included the reconstruction of the Main Street/Bridgehead Road intersection and the resurfacing of Main Street towards the Highway 160 intersection.

The construction work was completed in late 2022 and the only remaining part was the application of the Slurry Seal on Main Street. This was postponed due to the arrival of the winter months and the rainy season. 1272
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Since the Oakley Logistic Center project was completed, the developer of that project paid the City the cost of this Slurry Seal application which will be performed as part of the City’s summer resurfacing project. Total Budget - $84,376 ($34,376 Developer Contribution, $50,000 Gas Tax RMRA).

Project #294, Pedestrian Crossing Lighting System Installation on O’Hara Avenue at the Trail Crossing Project – The City of Oakley applied for and secured grant funding from State Transportation Development Act (TDA) to install a new Pedestrian Crossing Lighting System on O’Hara Avenue at the trail crossings. This project will enhance the safety of the roadways and improve the crossings for pedestrians and bicyclists. Total Budget - $75,000 ($45,000 TDA Grant, $30,000 Street Maintenance & Rehab) Project #295, FY 2023/24 Curb, Gutter, and Sidewalk Repair & Reconstruction Project - This project will coordinate with the responsible property owners to repair and reconstruct damaged and broken concrete curb, gutter, and sidewalks throughout the City. The construction of this project will eliminate trip and fall accidents caused by sidewalk and curb uplifted by tree root overgrowth and provide safe paths of travel for the community. This project works in coordination with the 50-50 cost share program that helps the property owners address concrete sidewalks and curb and gutter uplifts. Total Budget - $100,000 ($100,000 Gas Tax RMRA) Project #296, FY 2023/24 Street Restriping Project - This project will restripe various City streets each year to help maintain delineations that are marked for usage by motorists and pedestrians. The work performed under this project focuses on the streets that are not in the plan for resurfacing in the next two years, and need the striping for lane delineation (centerline, edge line, crosswalk, pavement marking) to provide safer streets for the community. Total Budget - $60,000 ($60,000 Gas Tax RMRA) Project #297, FY 2023/24 Street Repair and Resurfacing Project - This project will repair the base and surface failures, as well as resurface the City’s streets as a part of a comprehensive program to maintain the roadways for the community. Street repair and resurfacing is critical in keeping the quality of the City’s street infrastructure in good condition and prevent costly reconstruction due to the lack of proper rehabilitation and maintenance. This project will address a few neighborhoods which need 1273
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Sierra-Crete base remediation in addition to repair and resurfacing. Total Budget - $280,000 ($200,000 Gas Tax RMRA, $80,000 Measure J) Project #298, FY 2023/24 Traffic Calming Project – The traffic operations in the community have become one of the major issues that the Police and Public Works Departments handle on a regular basis. This project provides funding for the placement of traffic calming features in accordance with the neighborhood traffic calming policy. Various traffic calming requests are being evaluated by staff from the Police and Public Works Departments and are addressed in collaboration with the residents based on priority, and the order they are received. Total Budget - $30,000 ($30,000 General Capital Projects Fund)
Project #299, FY 2023/24 Traffic Signal Modernization Project – Traffic operations and public safety have become one of the more important issues for the community. Public Works staff are continually working to improve the traffic operations on City streets. This project will replace some of the older internal components of the City's traffic signal systems which will improve the coordination of the City’s traffic signal operations. Total Budget - $200,000 ($200,000 Traffic Impact Fee Fund)
Project #300, Bridgehead Road Widening Project – Widening and improvements were done on Bridgehead Road from Wilbur Avenue, to the railroad overcrossing as part of the Oakley Logistic Center development project. The section of this roadway that still needs improvements and widening is from the entrance to the Amazon campus on Bridgehead Road towards Main Street including the replacement of the railroad bridge and stormwater pump station. This project will perform the preliminary design and concept planning for the improvements on Bridgehead Road to be ready for implementation of this plan once development starts on the parcels south of the Amazon campus. Total Budget - $80,000 ($80,000 Measure J)
Project #301, East Cypress Road Lane Alignment Analysis (RR tracks to Main Street) Project – This project will perform the analysis for lane alignment and configuration on East Cypress Road from the RR tracks to Main Street. This section of the roadway has a few constraints, such as the railroad signal and two (2) bridges that will have to be analyzed in detail to 1274
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determine the optimum roadway alignment and configuration to enhance traffic flows. Total Budget - $60,000 ($60,000 Traffic Impact Fee Fund) Project #302, East Cypress Road Widening (Jersey Island Road to Bethel Island Road) Project - This project will widen and fully reconstruct East Cypress Road from Jersey Island Road to Bethel Island Road. The growth and development of new subdivision projects along the East Cypress Road corridor has necessitated various infrastructure improvements to accommodate the increased traffic volumes on this roadway. These improvements include the widening of East Cypress Road to City standards along the Emerson Ranch, Delaney Park, Burroughs Ranch projects. The City of Oakley is currently constructing widening and improvements to East Cypress Road between Knightsen Avenue and Jersey Island Road (CIP 247) . This project will continue these improvements in an easterly direction to Bethel Island Road. The City will get reimbursed the cost of these improvements by developers when this region of East Cypress Road gets developed based on City policy. The design of this project will get started in FY 2023/24. Total Budget- $762,563 ($378,503 ARPA, $384,060 Traffic Impact Fee).

Project #303, Public Works Operations Building Remodeling Project - The Public Works Operation Building used to be the suite of the former ACE Hardware Store, and since the City purchased the property, it has not had any major improvements related to the office spaces within the building.

With the growth of the Public Works Department and increased demands for services from the community, this project will remodel the inside of the building to make a better functional workspace and add more room for the staff and operations. Total Budget - $200,000 ($200,000 Facilities Fund) Project #304, FY 2023/24 ADA Implementation Plan Project - The Transition Plan details a program that will bring the City’s programs, procedures, practices, facilities, sidewalks, and curb ramps into compliance under the American Disabilities Act (ADA). The City of Oakley is required to prepare and implement an ADA Transition Plan to adhere to the legal requirements related to the U.S. Department of Justice. The City’s ADA Transition Plan was prepared and adopted by City Council which identified over $100M of improvements needed to fully implement all components of this ADA Transition plan. The recommendations of this plan will be implemented 1275
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over the coming years in phases as funding is allocated. Total Budget - $50,000 ($50,000 Street Maintenance & Rehab)
Project #305, Briarwood Park Playground Resurfacing Project - The Briarwood Park Playground currently has a Poured In Place rubber surface which has reached the end of its useful life. Many patches and repairs have been made to the existing surfacing and more are needed. Future patches and repairs increase the risk of lessening the impact attenuation properties of the existing fall surfacing. This project would replace and upgrade the surface with rubber playground tiles that will have both durability and ease of maintenance. The product comes with a lifetime warranty, which is the best in the industry and will adhere to current ADA and safety standards.

Total Budget - $150,000 ($150,000 LLAD).

Project #306, Marsh Creek Glenn Park Renovation Project - The existing playground equipment and surfacing at Marsh Creek Glenn Park is the original infrastructure at this park, which was constructed 20 years ago. The equipment and surface are both in need of replacement, as maintaining this playground equipment and surfacing is not practical and financially viable.

This project will replace the playground equipment and expand it to create a larger all ability and ADA accessible playground; along with placement of new rubber playground surfacing tiles that will perform and have a better warranty. Total Budget - $500,000 ($300,000 Park Impact Fee, $200,000 LLAD).

Project #307, Daffodil Park Playground Resurfacing Project - The Daffodil Park Playground currently has a PIP (poured in place) rubber safety surface adjacent to loose fill engineered wood fiber. The PIP has reached the end of its useful life. Loose fill transitions to wood fiber are bad practice, as this creates premature wear on the PIP surface from the abrasiveness of the loose fill. Many patches and repairs have been made to the existing surfacing and more are needed. Future patches and repairs will increase the risk of lessening the impact attenuation properties of the existing fall surfacing.

This project would replace and upgrade both the loose fill surface and PIP with rubber playground tiles that will have durability and ease of maintenance. The product comes with a lifetime warranty, which is the best in the industry and will adhere to current ADA and safety standards. Total Budget - $150,000 ($150,000 LLAD).
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Project #308, City Parks Drinking Fountain Replacement Project –The increased city-wide demand for park facilities, and its use by the public necessitated an evaluation of the existing park infrastructure. This process identified several drinking fountains with deficiencies at Creekside Park, Cypress Grove Park, and Briarwood Park. Drinking fountains at these parks have reached the end of their useful life and are no longer fiscally suitable for ongoing repairs. This project will install new ADA accessible drinking fountains for all park users along with fountain components for pets. Total Budget - $100,000 ($100,000 Park Impact Fee).

Project #309, Laurel Ballfields Parking Lot Resurfacing Project – The normal cycle to resurfacing parking lots is about every 10 years, and the parking lot for Laurel Ballfields is due to be resurfaced and striped. This parking lot is heavily used by various baseball and soccer leagues who use this park for their games and practices in addition to other park users.

Funding will come from the LLD Zone 1 reserves fund. Total Budget - $60,000 ($60,000 LLAD).

Project #310, East Cypress Road Widening at CCWD Canal Crossing Project – The CCWD has undertaken the process of replacing the open canal in Oakley for past few years. This project began at the canal crossing near Main Street and has extended eastwards behind Cypress Grove, Emerson, Delaney, and Burroughs subdivisions up to east Cypress Road. CCWD is currently working on undergrounding the remainder of this canal from East Cypress Road in a southerly direction to its connection point at Rock Slough. The existing canal crosses East Cypress Road and will have to be replaced as part of the City’s East Cypress Road widening project. The City is collaborating with CCWD in all phases of the canal undergrounding project and at the East Cypress Road, the city will take the lead on undergrounding the canal and construction of the new and widened roadway. The City will get reimbursed the cost of these improvements by developers when this region of East Cypress Road gets developed based on City policy. Total Budget - $9,500,000 ($2,700,000 Traffic Impact Fee, $2,200,000 Street Maintenance and Rehab, $4,000,000 General Capital Projects, $600,000 Gas Tax HUTA).
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COMPLETED PROJECTS IN FY 2022/23

PROJECT LOCATIONS
A Traffic Signal Modernization Project G ADA Implementation Project B Holly Creek Park Restroom Construction H City Hall Human Resources Dept Remodeling C Sheriff Annex Building Demolition Project I Traffic Calming Project D Senior Center Roof & HVAC Replacement J Street Striping Project E Curb, Gutter, & Sidewalk Repair Project K Laurel Road/Empire Avenue Landscaping F
Holly Creek Park Playground Resurfacing
Project
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CIP-24
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CIP-25
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CIP-26
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CIP-27
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CIP-28
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CIP-29
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CIP-30
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CIP-31
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CIP-32
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CIP-33
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CIP-34
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CIP-35
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CIP-36
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CIP-37
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CIP-38
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CIP-39
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CIP-40
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CIP-41
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CIP-42
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CIP-43
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CIP-44
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CIP-45
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CIP-46
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CIP-47
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CIP-48
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CIP-49
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CIP-50
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CIP-51
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CIP-52
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CIP-53
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CIP-54
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CIP-55
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CIP-56
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CIP-57
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CIP-58
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CIP-59
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CIP-60
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CIP-61
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CIP-62
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CIP-63
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CIP-64
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CIP-65
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CIP-66
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CIP-67
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CIP-68
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CIP-69
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City of Oakley
Internal Controls
Introduction: With the adoption of the fiscal year budget the Team has concluded that this would be a perfect time to review the internal financial controls that are here at the City of Oakley. Historically, internal controls relied heavily on segregation of duties, which continues to be the heart of establishing good internal controls; but the accounting profession broadened the definition of internal controls to include establishing a control environment, risk assessment, the flow of information and communication and monitoring.

Control Environment: The control environment is the set of standards, processes and structures that provide the basis for carrying out internal controls across the entity. The control environment starts at the top of any organization. Ethical behavior and management integrity set the tone to establish the organization’s culture. The City of Oakley uses policies and procedures to promote and maintain a proper control environment.

Risk Assessment: Risk assessment is primarily handled by the Finance Department, although all supervisors and managers need to be aware of potential for fraud. You can see how important an organization’s ethical standards and employee culture are to this process.

Control Activities: This is the center of our internal controls. The following are examples of City of Oakley policies and procedures that have established to maintain internal control:

Purchasing and Accounts Payable.
ƒ No invoice is processed without an approval signature and account coding.
ƒ All purchases over $10,000 require a purchase order approved by the Department Head, Finance Director and City Manager
ƒ Only the Finance Director or City Manager can print checks. ƒ Blank checks are stored in a locked file cabinet at all times. ƒ Each accounts payable check number is accounted for through the Financial Accounting system.

Human Resources and Payroll
ƒ Each Personnel Action Form, establishing employees’ wages and budget account numbers are signed by the Human Resources Manager, Finance Director and City Manager and verified with the adopted salary schedule.
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ƒ All blank checks are stored in a locked file cabinet at all times and required two signatures, the City Manager and Finance Director. ƒ All employees’ timesheets are approved by a Department Head and supervisor if applicable.

Cash Receipts
x All receipts received in the Police Department will be entered into the Police cash register the same day. These receipts will be entered into the City’s cash receipting system at the Community Services Counter at least once a week.
x All other receipts will be entered into the cash register located at Community Services Counter the same day.
x At end of each day a member of the Finance Department will close register, count cash, and reconcile for deposit. Finance Director will recount cash, log on to the daily log, place in a cash bag, and lock up in the Finance Director’s office.
x All receipts (checks, cash and credit cards) are reconciled at the end of each day and the receipts are posted to the accounting system the following morning after review by the Accounting Manager.

Bank and Investment Reconciliations
x The general operating bank account, payroll bank account and successor agency bank account are reconciled monthly by the Accounting Manager that has no check preparation duties for the accounts. Canceled checks are not provided to the City although they are available online.
x The Finance Director reviews and signs each monthly bank reconciliation.
x The Local Agency Investment Fund (LAIF) and other investment pool accounts (CalTrust) are reconciled quarterly by the Accounting General Ledger
x All journal entries are reviewed and signed by either the Finance Director or Accounting Manager.

Manager.
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Budget
x The City Manager and Finance Director must sign a budget amendment for all over-budget amounts, with adequate explanation.

Audits
x The City undergoes a yearly audit. As part of governmental auditing standards, the auditor must review and test the City’s internal controls and issue a separate opinion on the City’s internal control. The City has always received “clean” opinions on our financial report and on the auditors internal control report.

Flow of Information and Communication: Accessibility of financial information to all levels of the organization help to ensure correct and complete recording of financial transactions. Each day the Eden Accounting System, generates daily revenue status and detail reports, expenditure status and detail reports and purchase order status reports which are accessible to all department managers over the City’s network.

Monitoring: Monitoring activities are primarily following up on situations or transactions that come to the Finance Department’s attention when processing revenues and expenditures.

By following up with the other departments, Team members realize that the City operates with tight controls. This helps set the tone that the Finance Department monitors department financial transactions.

Conclusion: I hope this quick summary of internal control concepts and specifically how the City works to safeguard the City of Oakley’s assets, is helpful. The City’s Finance Department employees take great pride in the City’s great financial record and strive to continue maintaining effective internal controls, consistent with professional standard and practices, in a very dynamic environment.
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1 RESOLUTION NO. ____

A RESOULTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
TO ADOPT THE FY 2023-2024 PROPOSED BUDGET, STATEMENT OF FINANCIAL

POLICIES AND APPROPRIATIONS LIMIT
WHEREAS, it is City policy to have the City Council to adopt a budget and appropriations limit prior to the beginning of its new fiscal year, which is July 1, 2023; and
WHEREAS, the City desires to annually review and adopt a 5-Year Capital Improvement Plan and comprehensive Statement of Financial Policies; and WHEREAS, the City Manager and Staff have developed and the City Manager has presented Preliminary Operating and Capital Budgets, Statement of Financial Policies, Appropriations Limit, and 5-Year Capital Improvement Plan; and WHEREAS, that the City Council did on May 9, 2023 hold a workshop to discuss these Preliminary documents and provide additional direction to the City Manager for the preparation of a final set of documents; and
WHEREAS, the City Manager has this day presented to the City Council for consideration of adoption a Proposed Budget document, including the updated Statement of Financial Policies, Recommended Operating and Capital Budgets, Fiscal Year 2023-2024 Appropriations Limit Calculation, and a separate Recommended 5- Year Capital Improvement Plan for Fiscal Years 2023-2024 through 2027-2028; and WHEREAS, the Appropriations Limit for the City of Oakley for Fiscal Year 2023- 2024 shall be $15,761,694 as included in the Proposed Budget document; and WHEREAS, the inflation factor being utilized to calculate the Fiscal Year 2023- 2024 appropriations limit is the California per capita income; and WHEREAS, the population factor being utilized to calculate the Fiscal Year 2023- 2024 appropriations limit is the City of Oakley’s population growth provided by the State of California Department of Finance; and
WHEREAS, the City Council has elected to bifurcate the Capital Budget and 5- Year Capital Improvement Plan for separate discussion and consideration of approval by separate resolution; and
WHEREAS, a separate resolution has been prepared for the approval of the City of Oakley Fiscal Year 2023-2024 Capital Budget and 5-Year Capital Improvement Plan for Fiscal Years 2023-2024 through 2027-2028; and
WHEREAS, the City of Oakley Fiscal Year 2023-2024 Capital Budget is an integral part of the Operating Budget, with the projects’ detail included in the Capital 1329
2 Budget and only total revenues and expenditures related to the Capital Budget are included in the Operating Budget; and
WHEREAS, it is possible that certain projects within the Capital Budget may not be approved by the City Council after the total revenues and expenditures related to such projects have been approved as part of the Operating Budget; and WHEREAS, the appropriations for any projects that are not approved as part of the Capital Budget can be held in reserve until such time that other projects are approved as an amendment to the Capital Budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley:
1) As the City Council, hereby adopts the FY 2023-2024 Proposed Budget, Statement of Financial Policies, and Fiscal Year 2023-2024 Appropriations Limit. 2) The appropriations for any capital projects which are approved as part of the Operating Budget and recommended but not approved as part of the Operating Budget shall be held in reserve in the appropriate fund(s) until such time that other projects are approved by way of resolution or the appropriations are moved to another fund as an amendment to the Capital Budget.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Oakley held on the 13th day of June 2023, and was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Aaron Meadows, MAYOR
ATTEST:
___________________________________
Libby Vreonis, CITY CLERK
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1 RESOLUTION NO. ____

A RESOULTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
TO ADOPT THE FISCAL YEAR 2023-2024 PROPOSED CAPITAL BUDGET AND 5- YEAR CAPITAL IMPROVEMENT PLAN (CIP) FOR FISCAL YEARS 2023-2024 THROUGH 2027-2028 AND MAKE FINDINGS RELATED THERETO
WHEREAS, it is City policy to have the City Council to adopt a budget and appropriations limit prior to the beginning of its new fiscal year, which is July 1, 2023; and
WHEREAS, the City desires to annually review and adopt a 5-Year Capital Improvement Plan and comprehensive Statement of Financial Policies; and WHEREAS, the City Manager and Staff have developed and the City Manager has presented Preliminary Operating and Capital Budgets, Statement of Financial Policies, Appropriations Limit, and 5-Year Capital Improvement Plan; and WHEREAS, that the City Council did on May 9, 2023 hold a workshop to discuss these Preliminary documents and provide additional direction to the City Manager for the preparation of a final set of documents; and
WHEREAS, the City Manager has this day presented to the City Council for adoption a Proposed Budget document, including the updated Statement of Financial Policies, Recommended Operating and Capital Budgets, Fiscal Year 2023-2024 Appropriations Limit Calculation, and a separate Recommended 5-Year Capital Improvement Plan for Fiscal Years 2023-2024 through 2027-2028; and WHEREAS, Section 65401 of the Government Code requires the Planning Authority of cities and counties to review any Capital Improvement Program (CIP) in their jurisdiction for conformance with the reviewing agency’s adopted General Plan; and
WHEREAS, the City Council has recently appointed a new Planning Commission that is serving in the role of the City’s Planning Authority; and WHEREAS, potentially adverse impacts of the CIP were adequately discussed in the Environmental Impact Report (EIR) for the Oakley 2020 General Plan, and projectby-project environmental assessments will be prepared when necessary; and WHEREAS, the Recommended 5-Year Capital Improvement Plan for Fiscal Years 2023-2024 through 2027-2028 for the City of Oakley has been submitted and reviewed as to its conformance with the adopted Oakley General Plan by the Planning Authority; and
WHEREAS, the projects proposed reflect the major need for roadways, public utilities and other community facilities during the next five years in concert with anticipated growth areas as noted in the adopted General Plan and; 1331
2 WHEREAS, the project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15061(b) (3), in that it can be seen with certainty that there is no possibility that this CIP action will have a significant effect on the environment and does not involve approval of any specific project that may have a significant effect on the environment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley:
1) Hereby adopts the City’s Recommended 5-Year Capital Improvement Plan for Fiscal Years 2023-2024 through 2027-2028 and confirms the Plan is consistent with the adopted Oakley General Plan; and
2) Hereby adopts the FY 2023-2024 Proposed Capital Budget and 5-Year Capital Improvement Plan for Fiscal Years 2023-2024 through 2027-2028.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Oakley held on the 13th day of June 2023, and was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Aaron Meadows, MAYOR
ATTEST:
___________________________________
Libby Vreonis, CITY CLERK
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING

ADDITIONAL SWORN POLICE POSITIONS ON A TEMPORARY BASIS
WHEREAS, the City Council has authorized 41 sworn police positions in the fiscal year 2023/2024 annual budget; and
WHEREAS, the Police Department remains short staffed due to long term injuries; and
WHEREAS, the return status of the injured staff is unknown at this time; and WHEREAS, hiring additional sworn staff to have 41 active members is a priority for the City; and
WHEREAS, authorizing two (2) positions will temporarily create 43 sworn positions in the police department; and
WHEREAS, one (1) sergeant promotion is necessary in order to have oversight of the newly formed Special Services Operations, which will temporarily create eight (8) sergeant positions; and
WHEREAS, authorizing temporary positions creates a slight risk should any of the injured staff be able to return to full duty; and
WHEREAS, this authorization could create an additional expense in the fiscal year 2023/2024 of up to $150,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby approves the following:

Authorize two (2) additional sworn staff to be hired during Fiscal Year 2023/2024 creating 43 sworn positions and promoting an additional Sergeant creating eight (8) sergeant positions. This is expected to be temporary in nature and it is anticipated that sworn staff will be 41 as injury cases are resolved or through attrition.

The potential cost of $150,000 for the fiscal year will be evaluated throughout the year and should any funding be needed staff will bring an item to the council recommending a one-time transfer from reserves.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Oakley held on the 13th day of June 2023 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
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Aaron Meadows, Mayor
ATTEST:

Libby Vreonis, City Clerk Date
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DATE: June 13, 2023
TO: Joshua McMurray, City Manager
FROM: Lindsey Bruno, Recreation Director
SUBJECT: Selection for Special Event Beer and Wine Concession at Select City Special Events
______________________________________________________________________ Background and Analysis
Each year, the Recreation Division hosts special events throughout the year that are designed to bring residents and visitors to Oakley and activate our downtown area. A group of those events include food and alcohol sales (beer and wine). Those events include:
 Concerts in the Park in partnership with Foodie Crew on May 5, June 2, August 4, September 1, and October 6.
 Summer Fest on July 1.
 Heart of Oakley on September 23.
 Oaktober Fest on October 21.

On April 11, 2023, the City Council approved the selections for St. Anthony Knights of Columbus 10414, Pillars of Hope, Adventure Therapy, and Be Exceptional, while awaiting advice from the Fair Political Practices Commission (FPPC) regarding the selection of the Rotary Club of Oakley and East County All Star Fundraising.

The City Attorney has received correspondence from the FPPC indicating that neither the Act nor Section 1090 prohibit City officials from taking part in decisions by the City Council regarding the City's request for proposals for a vendor to serve as a concessionaire at City events for the year.

STAFF REPORT
Approved and Forwarded to the City Council
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Fiscal Impact
There is no fiscal impact associated with the selection of the non-profit organizations.

Staff Recommendation
Staff reviewed the submissions and assessed them on three categories:

Demonstration of experience selling beer/wine at large scale events, Demonstration of the staff/volunteer capacity, Demonstration of alignment with Strategic Plan 27+, staff also considered how each non-profit organizations proposal best aligned to the various events.

Based on the assessment staff recommends the assignment of organizations to events below:

Summer Fest- Rotary Club of Oakley
Heart of Oakley Festival- East County All Star Fundraising Should an organization be unavailable for the event they were selected for, staff recommend that another non-profit organization that submitted an RFP be selected based on the assessment.

Attachments

1. RFP from Rotary Club of Oakley

2. RFP from East County All Star Fundraising

3. FPPC Response to Advice No. A-23-059
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STATE OF CALIFORNIA

FAIR POLITICAL PRACTICES COMMISSION
1102 Q Street • Suite 3000 • Sacramento, CA 95811
(916) 322-5660 • Fax (916) 322-0886
May 22, 2023
Derek P. Cole
City Attorney, City of Oakley

COLE HUBER LLP
2281 Lava Ridge Court, Suite 300
Roseville, CA 95661
Re: Your Request for Advice
Our File No. A-23-059
Dear Mr. Cole:

This letter is in response to your request for advice regarding conflict-of-interest provisions of the Political Reform Act1and Section 1090, et seq. Please note that we are only providing advice under Section 1090, not under other general conflict of interest prohibitions such as common law conflict of interest. Also, note that we are not a finder of fact when rendering advice (In re Oglesby (1975) 1 FPPC Ops. 71), and any advice we provide assumes your facts are complete and accurate.

If this is not the case or if the facts underlying these decisions should change, you should contact us for additional advice.

We are required to forward your request regarding Section 1090 and all pertinent facts relating to the request to the Attorney General’s Office and the Contra Costa County District Attorney’s Office, which we have done. (Section 1097.1(c)(3).) We did not receive a written response from either entity. (Section 1097.1(c)(4).) We are also required to advise you that, for purposes of Section 1090, the following advice “is not admissible in a criminal proceeding against any individual other than the requestor.” (See Section 1097.1(c)(5).)

QUESTION
Do the conflict of interest provisions of the Act or Section 1090 prohibit City of Oakley (the City) officials Mayor Aaron Meadows, Vice Mayor Anissa Williams, Councilmember Hugh Henderson or Councilmember Shannon Shaw (collectively the City Officials) from taking part in decisions by the City Council regarding the City’s request for proposals for a vendor to serve as concessionaire at City events for the next year, where each of these officials is an uncompensated officer of a bidding nonprofit organization?
1 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sections 18104 through 18998 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated. 1349
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CONCLUSION
No. Neither the Act nor Section 1090 prohibit the City Officials from taking part in decisions by the City Council regarding the City’s request for proposals for a vendor to serve as concessionaire at City events for the next year, where each of these officials is an uncompensated officer of a bidding nonprofit organization.

FACTS AS PRESENTED BY REQUESTER
The City of Oakley is currently soliciting proposals from qualified nonprofit organizations to operate beer and wine beverage concessions at four City of Oakley events over the next year.

These events are the Oakley Summer Fest, Heart of Oakley Festival, Harvest Festival, and the Jingle Ball. The City is also seeking a vendor for its “Concerts in the Park” series. City staff prepared a request for proposals and intends to present an item at a City Council meeting to select a single vendor to serve as concessionaire at these events. Four City Councilmembers are officers of nonprofit organizations that have submitted bids to serve in this capacity.

These councilmembers include Vice Mayor Anissa Williams, who serves as the president of East County All Star Fundraising, a 501(c)(3) nonprofit, that raises money to cover and offset the costs associated with various children’s sports and extracurricular activities in the community for families in need. More than half of the recipients of funding are City of Oakley families participating in City of Oakley organizations. Vice Mayor Williams does not receive any form of compensation for her role as president of this non-profit organization.

In addition, Mayor Aaron Meadows and Councilmembers Hugh Henderson and Shannon Shaw serve as uncompensated club leaders of the Oakley chapter of the Rotary Club. The Rotary Club is a registered 501(c)(4) nonprofit organization providing humanitarian services and helping build goodwill in the community. More specifically, the Rotary Club’s work includes supporting the residents and the City through volunteer service, such as organizing blood drives, assisting with local business development, providing grants to local teachers, and funding student exchange programs.

ANALYSIS
A. The Act.

The Act’s conflict of interest provisions prohibit any public official from making, participating in making, or otherwise using his or her official position to influence a governmental decision in which the official has a financial interest. (Section 87100.) A public official has a “financial interest” in a governmental decision, within the meaning of the Act, if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on one or more of the public official’s interests. (Section 87103; Regulation 18700(a).)
Section 87103 of the Act lists several types of financial interests that can give rise to a conflict of interest, including:
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· An economic interest in a business entity2in which he or she has a direct or indirect investment of $2,000 or more (Section 87103(a); Regulation 18702.1); or in which he or she is a director, officer, partner, trustee, employee, or holds any position of management. (Section 87103(d).)
· An economic interest in real property in which he or she has a direct or indirect interest of $2,000 or more. (Section 87103(b); Regulation 18702.2.) · An economic interest in any source of income, including promised income, aggregating $500 or more within 12 months prior to the decision. (Section 87103(c); Regulation 18702.3.)
· An economic interest in any source of gifts to him or her if the gifts aggregate to $590 or more within 12 months prior to the decision. (Section 87103(e); Regulation 18702.4.) · An economic interest in his or her personal finances, including those of his or her immediate family. (Section 87103; Regulation 18702.5.)
According to the facts, the City Officials receive no compensation for their services in their roles with their respective nonprofit organizations and thus do not have a source of income interest.

The City Officials also do not have a business interest in their respective nonprofit organizations because a nonprofit organization is not a “business entity” as defined by the Act. (Section 82005.) Finally, there are no facts suggesting that decisions related to the City Officials’ respective nonprofit organizations will have any financial effect on any of their personal finances. Thus, based on the facts provided, the City Officials do not have a disqualifying conflict of interest under the Act that would prohibit them from participating in decisions by the City Council regarding the City’s request for proposals for a vendor to serve as concessionaire at City events for the next year.

B. Section 1090.

Section 1090 generally prohibits public officers, while acting in their official capacities, from making contracts in which they are financially interested. Section 1090 is concerned with financial interests, other than remote or minimal interests, that prevent public officials from exercising absolute loyalty and undivided allegiance in furthering the best interests of their agencies. (Stigall v. City of Taft (1962) 58 Cal.2d 565, 569.) Section 1090 is intended not only to strike at actual impropriety, but also to strike at the appearance of impropriety. (City of Imperial Beach v. Bailey (1980) 103Cal.App.3d 191, 197.)
Under Section 1090, the prohibited act is the making of a contract in which the official has a financial interest. (People v. Honig (1996) 48 Cal.App.4th 289, 333.) A contract that violates Section 1090 is void. (Thomson v. Call (1985) 38 Cal.3d 633, 646.) The prohibition applies regardless of whether the terms of the contract are fair and equitable to all parties. (Id. at pp. 646- 649.) Finally, when Section 1090 applies to one member of a governing body of a public entity, the prohibition cannot be avoided by having the interested board member abstain. Instead, the entire governing body is precluded from entering into the contract. (Thomson, supra, at pp. 647- 649; Stigall, supra, at p. 569; 86 Ops.Cal.Atty.Gen. 138, 139 (2003); 70 Ops.Cal.Atty.Gen. 45, 48 (1987).)
2 Section 82005 defines a “business entity” as any organization or enterprise operated for profit, including but not limited to a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation or association. 1351
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Here, the City has prepared a request for proposals and intends to present an item at a City Council meeting to select a single vendor to serve as concessionaire at City events for the next year.

Four City Councilmembers are officers of non-profits that have submitted bids to serve in this capacity. The question, therefore, is whether Section 1090 would prohibit the City Officials from taking part in the decision based on their affiliations with their respective nonprofit organizations.

The Legislature has created various statutory exceptions to Section 1090’s prohibition where the interest involved is deemed a “remote interest,” as defined in Section 1091 or a “noninterest,” as defined in Section 1091.5. If a noninterest is present, the public official’s abstention is generally not required, and the contract may be made by the agency.

Relevant to the facts provided, Section 1091.5(a)(8) establishes that an officer is not interested in a contract if his or her interest is:

That of a noncompensated officer of a nonprofit, tax-exempt corporation, which, as one of its primary purposes, supports the functions of the body or board or to which the body or board has a legal obligation to give particular consideration, and provided further that this interest is noted in its official records.

For purposes of this paragraph, an officer is “noncompensated” even though he or she receives reimbursement from the nonprofit, tax-exempt corporation for necessary travel and other actual expenses incurred in performing the duties of his or her office.

Here, Vice Mayor Williams is a noncompensated president of East County All Star Fundraising, a 501(c)(3) nonprofit that raises money to cover and offset the costs associated with various children’s sports and extracurricular activities in the community for families in need. More than half of the recipients of funding are City of Oakley families participating in City of Oakley organizations. Such a purpose supports the functions of the City by promoting a variety of programs for the City's youth. Based on these facts, Vice Mayor Williams would have a noninterest in a decision by the City Council regarding RFP respondents, including East County All Star Fundraising. However, in order to participate in these decisions, she must disclose her interest in the official records of the City Council.

Mayor Meadows and Councilmembers Henderson and Shaw serve as uncompensated club leaders of the Oakley chapter of the Rotary Club. The Rotary Club is a registered 501(c)(4) nonprofit organization providing humanitarian services and helping build goodwill in the community. More specifically, the Rotary's work includes supporting the residents and the City through volunteer service, such as organizing blood drives, assisting with local business development, providing grants to local teachers, and funding student exchange programs.

The Rotary Club’s purposes support the functions of the City by promoting a variety of programs for the City's residents. Thus, based on these facts, Mayor Meadows and Councilmembers Henderson and Shaw would have a noninterest in decisions by the City Council regarding the City’s request for proposals to select a single vendor to serve as concessionaire at City events for the next year, including the Rotary Club. However, in order to participate in these decisions, Mayor 1352
File No. A-23-059
Page No. 5
Meadows and Councilmembers Henderson and Shaw must disclose their respective interests in the official records of the City Council.

Accordingly, under Section 1090, Vice Mayor Williams has a noninterest in any City contracts involving East County All Star Fundraising, and Councilmembers Henderson and Shaw and Mayor Meadows have a noninterest in any City contracts involving the Rotary Club.

If you have other questions on this matter, please contact me at (916) 322-5660.

Sincerely,
Dave Bainbridge
General Counsel
/ s/ John M . F eser Jr .

By: John M. Feser Jr.

Senior Counsel, Legal Division
JMFjr:aja
1353
DATE: June 13, 2023
TO: Joshua McMurray, City Manager
FROM: Harumi Murata, Economic Development Analyst
SUBJECT: Authorization for the City Manager to Execute a Purchase and Sale Agreement with Thomas Properties Inc. for the sale of property located at 1033 Main Street and 5400 Neroly Road (APN 037-050-013 and APN 037-050-014)
______________________________________________________________________ Background and Analysis

2.77 acres of properties—1033 Main Street and 5400 Neroly Road— were declared surplus last year. Following this declaration, an Invitation to Bid was publicly released to seek interested parties for development.

Both properties are located in the General Commercial zone, which applies to a diversity of retail sales and service uses, restaurants, service stations, highway-oriented and visitorserving commercial and lodging; auto and heavy commercial uses; public and semi-public uses; public gathering facilities, and similar and compatible uses. The City’s preference was to sell a combination of the two parcels.

The City received several competitive proposals, which were subsequently evaluated on a range of criteria. The staff has completed a comprehensive review and thorough evaluation of all the proposals received, the decision was made to proceed with a bid from a real estate developer with the highest monetary purchase price ($1,675,000) whose proposal closely aligns with our current project requirements that include a commitment to sustainability, such as the potential for substantial generation of sales tax and employment.

Based in Walnut Creek, Thomas Properties, Inc. operates as a comprehensive real estate developer emphasizing residential and commercial real estate investment, development, construction, and property management. The company possesses significant experience in the field of commercial development, as they are involved with multiple commercial projects across East County, the broader Bay Area, and the Sacramento region, and was the developer responsible for Popeye’s project (101 Carol Lane) in Oakley.

STAFF REPORT
Approved and Forwarded to the City Council
1354
Their first proposal involves setting up a mid-sized retail agricultural supplies and equipment store, occupying a range of 18,000-24,000 sqft. This facility will also include an outdoor display area at the back of the facility, as well as a designated parking lot. The majority of the store's merchandise will be subject to sales tax, contributing and providing a direct financial benefit to the city. Furthermore, the presence of such an agricultural equipment dealer may contribute to a cluster effect as it may attract other businesses that serve this industry. This could lead to further job creation and additional sales tax revenue, as clients visiting the facility could also patronize nearby businesses.

The second proposition comprises a combination of sit-down and quick service restaurant, a fuel and convenience store, and a car wash at the back of the premises. This concept also presents the potential to produce substantial advantages as these businesses would foster frequent, prompt purchases, increasing overall sales and tax revenue. These establishments can stimulate economic activity in the surrounding area, particularly given their proximity to Contra Costa Logistic Centers and the freeway entrance, thereby benefiting the local economy as a whole.

Both scenarios would hold the potential to stimulate the growth of ancillary businesses, as it may trigger an increase in sales tax and direct employment opportunities – which is expected to generate a ripple effect in fostering broader local economic development.

Staff will enter into negotiations with Thomas Properties, Inc. to finalize the Purchase and Sale Agreement. The finalized agreement will include specific provisions to ensure the purchaser’s commitment to our development measure and their tax and employment generation promises.

Consistency with the Oakley Strategic Plan 27+
The recommendations included in this item are consistent with the following goals and objectives: Under the umbrella of Community and Economic goals, and Strategic and Thoughtful Growth: (1) develop or sell City-owned properties based on community benefit.

Fiscal Impact
The anticipated gross income from selling the city-owned parcel is $1,675,000. After the sale, these funds will be transferred to the County and Tax Entities. These properties were originally purchased with tax-exempt bond proceeds, and to comply with bond covenants, the funds will then be distributed to different agencies through the Redevelopment Property Tax Trust Fund.

Staff Recommendation
Staff recommends that the Council adopt the resolution approving the Purchase and Sale Agreement with Thomas Properties, Inc. for the sale of property located at 1033 Main Street and 5400 Neroly Road (APN 037-050-013 and APN 037-050-014).

Attachments

1. Overview of the proposed retail development projects by Thomas Properties, Inc.

2. Draft of Purchase and Sale Agreement

3. Draft Resolution
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CRM PROJECT NO. DRAWN BY: PRE-LIM SITE TEST FIT DATE: MAY 2023 phone: (916) 451-1500 - fax: (916) 451-1600 5800 Stanford Ranch Road, Suite 720 - Rocklin CA 95765 CRM Architects & Planners, Inc. PROPOSED NEW SITE DEVELOPMENT CONCEPT MAIN STREET AND NEROLY ROAD OAKLEY, CA CONCEPTUAL USE 2314 BML 1224 LINCOLN AVE. WALNUT CREEK, CA. 94596 THOMAS DEVELOPMENT, LLC PROJECT NO. SITE SCHEME AS-1 1358
CRM PROJECT NO. DRAWN BY: PRE-LIM SITE TEST FIT DATE: MAY 2023 phone: (916) 451-1500 - fax: (916) 451-1600 5800 Stanford Ranch Road, Suite 720 - Rocklin CA 95765 CRM Architects & Planners, Inc. PROPOSED NEW SITE DEVELOPMENT CONCEPT MAIN STREET AND NEROLY ROAD OAKLEY, CA CONCEPTUAL USE 2314 BML 1224 LINCOLN AVE. WALNUT CREEK, CA. 94596 THOMAS DEVELOPMENT, LLC PROJECT NO. SITE SCHEME AS-2 1359
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PURCHASE AND SALE AGREEMENT
This Purchase and Sale Agreement (“Agreement”) is made by and between and the City of Oakley, a California municipal corporation (“Seller”), and Thomas Properties, Inc. (“Buyer”).

The effective date of this Agreement is June , 2023 (“Effective Date”).

In consideration of the respective agreements hereinafter set forth, Seller and Buyer agree as follows:

RECITALS
A. Seller is the owner of the Property as defined in Paragraph 1 below.

B. Buyer desires to purchase the Property from Seller, and Seller desires to sell the Property to Buyer, subject to the terms and conditions described within.

AGREEMENT
NOW, THEREFORE, the parties agree as follows:

1. Property Included in Sale. Seller shall sell and convey to Buyer, and Buyer shall purchase from Seller, subject to the terms and conditions set forth herein, the following:

1.1 The Real Property located at 1033 Main Street and 5400 Neroly Road (APN 037-050-013 and APN 037-050-014) in Oakley, California, which is described in Exhibit “A”, attached hereto, Situated close to the junction of Highway 4 and 160, in an area designated as a General Commercial zone.

1.2 All of Seller’s right, title and interest in and to all rights, privileges and easements appurtenant to the Real Property, including without limitation all development rights, permits, entitlements and any rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real Property (collectively, the “Appurtenances”). The Real Property and Appurtenances are collectively referred to herein as the (“Property”).

2. Purchase Price. The purchase price for the Property shall be the sum of $1,675,000 (the "Purchase Price").

3. Opening of Escrow. An escrow account shall be opened within 10 days of the City Council authorizing the Purchase and Sale Agreement to be signed. Within five calendar days of the opening of escrow, Buyer will deposit the sum of $10,000.00 into escrow as the initial deposit for this transaction.

4. Title to the Property. At the closing of the purchase and sale contemplated hereunder (the “Closing”), Seller shall convey to Buyer insurable title to the Property by a duly executed and acknowledged Grant Deed in Title Company’s standard form (the “Grant Deed”).

At Closing, Title Company shall issue to Buyer a California Land Title Association Owner’s Policy of Title Insurance in the amount of the Purchase Price insuring fee simple title to the Property in Buyer. The cost of the Title Policy shall be paid by the Buyer. 1360
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5. Conditions to Closing. The following conditions are conditions precedent to Buyer’s obligation to purchase the Property (the “Conditions Precedent”):

5.1 Buyer’s Review and Approval of Title to the Property. Seller shall use reasonable efforts to cause Title Company to deliver to Buyer a preliminary title report on the Property within twenty (10) days after the Effective Date, which preliminary title report shall be issued by Title Company and accompanied by copies of all documents referred to in the report (collectively, the “Preliminary Report”). Buyer shall advise Seller, within thirty (30) days after the Effective Date, what exceptions to title, if any, will be accepted by Buyer. Seller shall have ten (10) days after receipt of Buyer’s objections to give Buyer: (i) notice that such exceptions will be removed on or before the Closing Date; or (ii) notice that Seller elects not to cause such exceptions to be removed. If Seller gives Buyer notice under clause (ii), Buyer shall notify Seller within ten (10) days after Buyer’s receipt of Seller’s notice whether Buyer elects to proceed with the purchase or terminate this Agreement. If Buyer shall fail to give Seller notice of its election within such ten-day period, Buyer shall be deemed to have elected to terminate this Agreement.

6. Closing and Escrow.

6.1 Execution of Agreement. The parties hereto shall deposit executed counterparts of this Agreement with the Title Company and this Agreement shall serve as instructions to the escrow holder for consummation of the donation, purchase, and sales contemplated hereby. Seller and Buyer agree to execute such additional escrow instructions as may be appropriate to enable the escrow holder to comply with the terms of this Agreement; provided, however, that in the event of any conflict between the provisions of this Agreement and any supplementary escrow instructions, the terms of this Agreement shall control.

6.2 Closing Date. Escrow shall close within 6 months of the opening of Escrow.

6.3 Delivery of Documents. At or before the Closing Date (except to the extent otherwise specifically provided below), Seller shall deliver to Buyer the following:
(i) The grant deed for the Property, duly executed and acknowledged by Seller;
(ii) Such other documents or records as may be required under applicable law or as specified by the Title Company to ensure completion of all transactions described hereby.

6.4 Apportionment. The following are to be apportioned as of the Closing Date, as follows:
(i) Real Estate Taxes and Assessments. Buyer shall assume responsibility for all real estate taxes and assessments on the Property from the Closing Date forward.
(ii) Closing Costs. Buyer and seller shall split the recording fees, any County of Contra Costa transfer tax and the premium for the Title Policy and escrow fees and such other costs and charges of the escrow for the sale not otherwise provided for in this paragraph or elsewhere in this Agreement.
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7. Party Representations. Seller or Buyer hereby represent as follows:

7.1 Full Authority. Seller and Buyer have full power and authority and have taken all action necessary to execute this Agreement and to fulfill all obligations hereunder.

7.2 Hazardous Materials. Seller represents the Property is free of contamination and hazardous materials.

8. As-Is Acquisition. Buyer represents and warrants that as of the Close of Escrow, Buyer will have satisfied itself as to the physical, environmental, legal and economic condition and all other aspects of the Property and its suitability for the purposes intended by Buyer. Buyer acknowledges and agrees that Buyer is acquiring the Property subject to all existing laws, ordinances, rules and regulations, and that neither Seller nor any of Seller’s agents, representatives and attorneys (collectively, “Seller’s Agents”) have made any warranties, representations or statements regarding the availability of any approvals, or the laws, ordinances, rules or regulations of any governmental or quasi-governmental body, entity, district or agency having authority with respect to the ownership, possession, development, occupancy, condition and/or use of the Property except as expressly provided herein. Buyer, moreover, acknowledges that Buyer has entered into this Agreement with the intention of relying upon its own investigation of the physical, environmental, economic and legal condition of the Property, including, without limitation, the compliance of the Property with laws and governmental regulations and the operation of the Property, and that Buyer is not relying on any representations and warranties made by Seller or anyone acting or claiming to act on Seller’s behalf concerning the Property except as expressly provided herein. Buyer further acknowledges that it has not received from Seller any accounting, tax, legal, architectural, engineering, property management or other advice with respect to this transaction and is relying upon the advice of its own accounting, tax, legal, architectural, engineering, property management and other advisors. Buyer shall purchase the Property in its “As-Is” condition on the Closing Date and assumes the risk that adverse physical, environmental, economic or legal conditions may not have been revealed by its investigations. Seller shall have no liability for any subsequently discovered defects, whether latent or patent.

9. Miscellaneous.

9.1 Notices. Any notice, consent or approval required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given upon (i) hand delivery, or (ii) three (3) days after being deposited in the U.S. Mail, and addressed as follows If to Seller:

Joshua McMurray, City Manager
City of Oakley
3231 Main Street
Oakley, California 94561
[email protected]
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If to Buyer:

Thomas Properties, Inc.
1224 Lincoln Ave, Walnut
Creek, CA 94596
[email protected]
Seller and Buyer shall each have the right from time to time to change the place notice is to be given under this section by written notice thereof to the other party.

9.2 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, administrators and assigns.

9.3 Amendments. Except as otherwise provided herein, this Agreement may be amended or modified only by a written instrument executed by Seller and Buyer.

9.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

9.5 Merger of Prior Agreements. This Agreement and the exhibits hereto constitute the entire agreement between the parties and supersede all prior agreements and understandings between the parties relating to the subject matter hereof.

9.6 Negotiated Agreement. Seller and Buyer acknowledge that this Agreement has been negotiated and that each party has had an opportunity to have the Agreement reviewed by legal counsel. Accordingly, notwithstanding the fact that this Agreement was prepared by Seller’s counsel, the doctrine that ambiguities in an agreement shall be construed against the drafting party shall not be employed in connection with this Agreement.

9.7 Enforcement. If either party commences legal proceedings to enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other party its attorneys’ fees and court costs incurred therein.

9.8 Time of the Essence. Seller and Buyer agree that time is of the essence of this Agreement. If either party fails to perform an obligation contained herein by the date such performance is required, it shall not be deemed to be unreasonable for the other party to pursue its remedies hereunder, including termination of this Agreement.

9.9 Severability. If any provision of this Agreement or the application thereof to any person, place or circumstance shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.

9.10 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same document.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
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SELLER: BUYER:

CITY OF OAKLEY SAM THOMAS
Joshua McMurray
City Manager
Sam Thomas
Thomas Properties, Inc.

APPROVED AS TO FORM:

By:

Derek Cole, City Attorney
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EXHIBIT A
[PROPERTY DESCRIPTION]
1365
RESOLUTION NO. XX-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY AUTHORIZING

THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT WITH THOMAS PROPERTIES, INC. FOR THE SALE OF A PROPERTY LOCATED AT 1033 MAIN STREET AND 5400 NEROLY ROAD (APN 037-050-013 and APN 037-050- 014)
BE IT RESOLVED by the City Council of the City of Oakley that the City Manager is hereby authorized and directed to sign on behalf of the City that certain Purchase and Sale Agreement between the City and Thomas Properties, Inc. for the Sale of a Property located at 1033 Main Street and 5400 Neroly Road (APN 037-050-013 and APN 037-050-014).

PASSED AND ADOPTED by the City Council of the City of Oakley this 13th day of June 2023 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:

Aaron Meadows, Mayor
ATTEST:
_
Libby Vreonis, City Clerk Date
Resolution No. XX-23 Page 1 of 1
1366

STAFF REPORT
Approved and Forwarded to the City Council
DATE: June 13, 2023
TO: Honorable Mayor and Members
Of the City Council
FROM: Derek P. Cole, City Attorney
SUBJECT: Adoption of a Resolution Authorizing the Mayor to Execute an Amendment to the City Manager’s Employment Agreement Providing for an Increase in Salary from $250,000 to $277,500 Annually Background and Discussion
The City and City Manager Joshua McMurray entered into an Employment Agreement effective November 10, 2021. (Mr. McMurray had served as Interim City Manager since May 2021.) The City Manager’s agreement provides for an annual salary of $250,000. The agreement also provides for an annual cost-of-living adjustment to the City Manager salary using the consumer price index (“CPI”) for the San Francisco Area. This CPI adjustment is required to take effect each fiscal year (i.e., on July 1, 2023). Before the adjustment may take effect, however, the City Council must determine that the City Manager’s performance within the preceding year has been satisfactory.

This determination must be based on an annual performance evaluation, which for this year, the City Council began in April and concluded at its May 23, 2023 meeting.

Based on its evaluation, the City Council determined the City Manager’s performance has been well above satisfactory.

Because of his above satisfactory performance, the City Manager would automatically receive a CPI-adjusted salary effective July 1, 2023. Calculating inflation from the date of his contract (November 10, 2021) through the most recently published inflation month (April 2023), the City Manager would be entitled to an adjusted salary of $272,860.1
In a labor-negotiation closed session on May 23, 2023, the City Council considered whether to authorize any additional adjustments to the City Manager’s salary or benefits in light of the positive performance evaluation. The full Council authorized its

1 This number was generated from an inflation calculator the United States Bureau of Labor Statistics provides at https://www.bls.gov/data/inflation_calculator.htm 1367
City Manager Subcommittee (consisting of the Mayor and Vice-Mayor) to offer the City Manager a salary increase to $277,500. This amount includes the automatic inflationary adjustment as well as approximately an additional $5,000 annually. The Subcommittee members communicated this offer to the City Manager, who has indicated he would accept it.

To approve the salary increase to $277,500, the City Council is required to adopt the attached resolution approving the proposed amendment to the City Manager’s Employment Agreement. No other terms of the Employment Agreement are proposed to be amended and the City Manager would continue to receive the same benefits as he is currently receiving.

Fiscal Impact
If the City Council approves the proposed amendment to the City Manager’s Employment Agreement, the City Manager’s annual salary would increase by $27,500 (from $250,000 to $277,500 annually) beginning in the 2023-24 fiscal year (i.e., July 1, 2023). The total cost of increasing the City Manager's annual salary from $250,000 to $277,500 will be $34,582, including $7,082 of increased benefit costs.

As noted above, the large majority of this increase would already be required as a CPI adjustment due to the positive performance evaluation the City Manager has recently received and has been included in the City's Proposed Fiscal Year 2023-2024 Budget.

The amount that has not been included in the Proposed Budget is $14,147, which will be paid for out of the Contingency budget line item and will not require a budget amendment.

Recommendation
The City Council is requested to adopt the Resolution Authorizing the Mayor to Execute an Amendment to the City Manager’s Employment Agreement Attachments

1. Resolution

2. Amendment to City Manager Employment Agreement
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Resolution No. XX-23 Page 1 of 1
4862-6038-0008.1
RESOLUTION NO. XX-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE CITY MANAGER’S EMPLOYMENT

AGREEMENT
WHEREAS, the City entered into an Employment Agreement with the City Manager effective November 10, 2021.

WHEREAS, the City and City Manager desire to enter into an amendment to the City Manager’s Employment Agreement to provide that the City Manager’s salary shall increase from $250,000 to $277,500.

WHEREAS, before approving the referenced salary increase, the City Council received an oral report regarding the fiscal impact of the amendment to the Employment Agreement per Government Code § 54953(c)(3).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley authorizes the Mayor to execute the Amendment to the Employment Agreement Between the City of Oakley and Joshua McMurray, in the form as attached as Exhibit A to this Resolution.

PASSED AND ADOPTED by the City Council of the City of Oakley this 13th day of June, 2023 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
___________________
Aaron Meadows, Mayor
ATTEST:
___________________ ___________________
Libby Vreonis, City Clerk Date
1369
4888-0677-6168.3

AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF OAKLEY AND JOSHUA McMURRAY
This Amendment (“Amendment”) to the Employment Agreement between the City of Oakley and Joshua McMurray (“Manager”), effective November 10, 2021 (“Employment Agreement”), is entered into and effective on July 1, 2023 (“Effective Date of this Amendment”). The Employment Agreement shall be amended as set forth below. All other terms of the Employment Agreement not amended shall remain the same as set forth in the Employment Agreement.

1. Section 7.A to the Employment Agreement is amended to provide that on and after the Effective Date of this Amendment, Manager shall receive an annual salary of $277,500, payable in equal installments at the same time and in the same manner as other employees of the City are paid. The salary shall be subject to withholding.

Executed on this xx day of June, 2023.

Joshua McMurray Aaron Meadows
City Manager Mayor
Approved as to Form:

Derek P. Cole
City Attorney
1370
DATE: 06/13/2023
TO: Joshua McMurray, City Manager
FROM: Jeri Tejeda, Human Resources Director
SUBJECT: Adopt a Resolution approving the Salary Schedule for Fiscal Year 2023/2024 and authorizing the addition and removal of specific job classifications.
______________________________________________________________________ Background and Analysis
In June of 2022 and then again during the clean-up of the personnel rules, on February 28, 2023, the City Council adopted Resolution 26-23 for the Compensation and Benefits for General Staff and Resolution 27-23 for the Compensation and Benefits for the Police Management Staff. These resolutions authorized a three percent (3%) cost of living adjustment (COLA) for all positions defined by these groups effective the first full pay period in July of 2023.

Although the mentioned resolutions have already authorized the cost-of-living adjustment, in order to stay compliant with the California Public Employees’ Retirement System (CalPERS) code section 570.5, all classifications and pay ranges must be approved and adopted by the City’s governing body anytime an amendment is made to the schedule.

All classification salaries covered by these two resolutions have been updated by three percent (3%) and will be effective July 9, 2023. In addition to updating all classifications in the general staff and police management staff by the already approved three percent (3%) COLA, there are a few items to note.

1. Staff is recommending adding a new classification of Administrative Technician. If approved, a Police Service Assistant will be reclassified to an Administrative Technician. When the police department was formed back in 2016, all non-sworn support staff were classified as Police Service Assistants, regardless of the duties being performed. Over the last eighteen months, staff has worked to classify

STAFF REPORT
Approved and Forwarded to the City Council
1371
positions based on the duties being performed. The department currently has an employee completing the tasks of an Administrative Technician but is classified as a Police Service Assistant. Reclassifying this position is cost neutral as the pay scales are similar. Reclassifying will allow staff to ensure the job duties and expectations align with the actual job description.

2. Staff is recommending replacing two part-time Police Records Assistants with a full time Police Records Assistant. With a recent vacancy in the department, it has provided an opportunity to analyze what is best suited for the growing department.

This will bring the staffing model more in line with like sized departments and allow for the appropriate support of the forty sworn staff currently in place. Replacing two part-time positions with a full-time position would increase the annual cost by approx. $33,000 as the position is now eligible for benefits.

3. In addition to authorizing a three percent (3%) COLA, resolution 27-23, also sets a compaction of 10% between the Police Sergeant and Police Lieutenant and the Police Lieutenant and Police Chief positions. To remain compliant with the compaction language in section 1.3 of the Compensation and Benefits of Police Management staff, the Police Chief’s pay increase will be eight percent (8%) and is reflected as such on the proposed salary schedule.

4. Per the amended contract of the City Manager, which is on tonight’s agenda, the City Manager’s salary has been increased to $277,500 and is reflected as such on the proposed salary schedule.

5. To keep consistent with the requested changes to position allocation in the fiscal year 2023/2024 budget, staff has removed positions that are no longer in use.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with our strategic plan, sustainable organization goal. There are several objections within this goal concerning the needs of proper staffing and aligning the City to be competitive within the market.

Fiscal Impact
The costs related to the amended salary schedule have not entirely been accounted for in the Fiscal Year 2023/2024 annual budget. The costs related to item 2 (replacing two part-time Police Records Assistants with a full time Police Records Assistant) and item 4 (the City Manager’s compensation increase) that have not been included in the proposed annual budget but will be paid out of the Contingency budget line item. Those costs amount to approximately $33,000 for the Police Records Assistant and $14,147 for the City Manager’s compensation, for a total of approximately $47,147 that will come from Contingency and will not require a budget amendment. The balance of the costs related to the requested salary schedule changes, above, have been included in the Proposed Fiscal Year 2023-2024 1372
Budget, which is also being presented for consideration for approval, this evening.

Staff Recommendation
Adopt a Resolution approving the Salary Schedule for Fiscal Year 2023/2024 and authorizing the addition and removal of specific job classifications.

Attachments

1. Resolution

2. 2023-2024 Salary Schedule

3. Proposed Administrative Technician Job Description

4. Resolution 26-23 Compensation and Benefits General Staff

5. Resolution 27-23 Compensation and Benefits Police Management Staff

6. Proposed City Manager Contract Amendment
1373

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY AMENDING THE 2023-2024 EMPLOYEE SALARY SCHEDULE ADDING NEW JOB

CLASSIFICATIONS AND REMOVING SPECIFIC JOB CLASSIFICATIONS WHEREAS, the City Council adopted a Compensation Policy on June 25, 2001 establishing the City of Oakley’s policy regarding employee compensation in conformance to City Ordinance 17-00; and
WHEREAS, the Compensation Policy was amended on June 24, 2008 and on June 13, 2017; and
WHEREAS, on June 14, 2022 Council approved a new compensation and benefit package moving from merit increase to a step system for compensation; and WHEREAS, on February 28, 2023 Council approved a resolution for Compensation and Benefits for General Staff and a resolution for Compensation and Benefits for Police Management Staff; and
WHEREAS, to remain compliant with CalPERS regulations to have the governing body approve any amendments to the salary schedule; and WHEREAS, to remain compliant with compaction language in the Compensation and Benefits for Police Management Staff; and WHEREAS, to continue to classify positions based on the job duties being performed; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby approves the following:

The Employee Position Classifications and Salary Ranges as identified in Attachments 2 and 3 that is attached hereto, which now includes the addition of a fulltime Administrative Technician, replacing two part-time Police Records Assistants with one full-time Police Records Assistant, and the removal of positions that are no longer in use which include a full-time Parks & Landscaping Maintenance Tree Worker, a part-time Administrative Assistant, a part-time Sports Field Laborer, a full-time Code Enforcement Technician II, a full-time Assistant Planner, and a part-time Parks & Landscaping Maintenance Worker.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Oakley held on the 13th day of June 2023 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
1374
Aaron Meadows, Mayor
ATTEST:

Libby Vreonis, City Clerk Date
1375
Position Unit Hourly/Salary Frequency Step AA Step A Step B Step C Step D Step E Step F Accounting Assistant UNREP H Hourly $ 29.69 $ 31.17 $ 32.73 $ 34.37 $ 36.08 Bi-Weekly $ 2,374.95 $ 2,493.70 $ 2,618.39 $ 2,749.31 $ 2,886.77 Monthly $ 5,145.74 $ 5,403.02 $ 5,673.17 $ 5,956.83 $ 6,254.67 Annually $ 61,748.83 $ 64,836.27 $ 68,078.08 $ 71,481.99 $ 75,056.09 Accounting Manager UNREP S Hourly $ 60.84 $ 63.88 $ 67.07 $ 70.43 $ 73.95 Bi-Weekly $ 4,866.89 $ 5,110.24 $ 5,365.75 $ 5,634.04 $ 5,915.74 Monthly $ 10,544.93 $ 11,072.18 $ 11,625.79 $ 12,207.08 $ 12,817.43 Annually $ 126,539.21 $ 132,866.17 $ 139,509.48 $ 146,484.95 $ 153,809.20 Administrative Assistant UNREP H Hourly $ 29.69 $ 31.17 $ 32.73 $ 34.37 $ 36.08 Bi-Weekly $ 2,374.95 $ 2,493.70 $ 2,618.39 $ 2,749.31 $ 2,886.77 Monthly $ 5,145.74 $ 5,403.02 $ 5,673.17 $ 5,956.83 $ 6,254.67 Annually $ 61,748.83 $ 64,836.27 $ 68,078.08 $ 71,481.99 $ 75,056.09 Administrative Specialist UNREP H Hourly $ 32.95 $ 34.60 $ 36.33 $ 38.14 $ 40.05 Bi-Weekly $ 2,636.04 $ 2,767.84 $ 2,906.23 $ 3,051.54 $ 3,204.12 Monthly $ 5,711.41 $ 5,996.98 $ 6,296.83 $ 6,611.67 $ 6,942.26 Annually $ 68,536.94 $ 71,963.79 $ 75,561.98 $ 79,340.08 $ 83,307.08 Administrative Specialist (Y-RATE) UNREP H Hourly $ 45.48 Bi-Weekly $ - $ - $ - $ - $ 3,638.78
Monthly $ - $ - $ - $ - $ 7,884.03
Annually $ - $ - $ - $ - $ 94,608.38
Administrative Technician UNREP H Hourly $ 31.58 $ 33.16 $ 34.81 $ 36.55 $ 38.38 Bi-Weekly $ 2,526.12 $ 2,652.42 $ 2,785.04 $ 2,924.30 $ 3,070.51 Monthly $ 5,473.26 $ 5,746.92 $ 6,034.26 $ 6,335.98 $ 6,652.78 Annually $ 65,679.06 $ 68,963.02 $ 72,411.17 $ 76,031.72 $ 79,833.31 Assistant City Manager UNREP S Hourly $ 95.34 $ 100.10 $ 105.11 $ 110.36 $ 115.88 Bi-Weekly $ 7,626.86 $ 8,008.20 $ 8,408.61 $ 8,829.04 $ 9,270.49 Monthly $ 16,524.86 $ 17,351.10 $ 18,218.65 $ 19,129.59 $ 20,086.07 Annually $ 198,298.28 $ 208,213.19 $ 218,623.85 $ 229,555.04 $ 241,032.80 Assistant Planner UNREP H Hourly $ 40.94 $ 42.99 $ 45.14 $ 47.40 $ 49.77 Bi-Weekly $ 3,275.46 $ 3,439.23 $ 3,611.20 $ 3,791.76 $ 3,981.34 Monthly $ 7,096.83 $ 7,451.68 $ 7,824.26 $ 8,215.47 $ 8,626.25 Annually $ 85,162.01 $ 89,420.11 $ 93,891.11 $ 98,585.67 $ 103,514.95 Associate Planner UNREP S Hourly $ 48.28 $ 50.69 $ 53.22 $ 55.89 $ 58.68 Bi-Weekly $ 3,862.11 $ 4,055.22 $ 4,257.98 $ 4,470.88 $ 4,694.42 Monthly $ 8,367.92 $ 8,786.31 $ 9,225.63 $ 9,686.91 $ 10,171.25 Annually $ 100,414.99 $ 105,435.74 $ 110,707.52 $ 116,242.90 $ 122,055.05 Building Inspector I UNREP H Hourly $ 38.74 $ 40.68 $ 42.71 $ 44.85 $ 47.09 Bi-Weekly $ 3,099.17 $ 3,254.13 $ 3,416.84 $ 3,587.68 $ 3,767.06 Monthly $ 6,714.87 $ 7,050.61 $ 7,403.14 $ 7,773.30 $ 8,161.96 Annually $ 80,578.42 $ 84,607.35 $ 88,837.71 $ 93,279.60 $ 97,943.58 Building Inspector I (Y-RATE) UNREP H Hourly $ 48.85 $ 51.68 Bi-Weekly $ - $ - $ - $ 3,908.23 $ 4,134.01
Monthly $ - $ - $ - $ 8,467.84 $ 8,957.02
Annually $ - $ - $ - $ 101,614.03 $ 107,484.21
City of Oakley
Master Salary Schedule
All Positions
Effective July 9, 2023
1376
Position Unit Hourly/Salary Frequency Step AA Step A Step B Step C Step D Step E Step F City of Oakley
Master Salary Schedule
All Positions
Effective July 9, 2023
Building Inspector II w/Combo Cert UNREP H Hourly $ 42.61 $ 44.74 $ 46.98 $ 49.33 $ 51.80 Bi-Weekly $ 3,409.09 $ 3,579.54 $ 3,758.52 $ 3,946.45 $ 4,143.77 Monthly $ 7,386.36 $ 7,755.67 $ 8,143.46 $ 8,550.63 $ 8,978.16 Annually $ 88,636.28 $ 93,068.09 $ 97,721.50 $ 102,607.57 $ 107,737.95 Capital Projects Engineer UNREP S Hourly $ 55.73 $ 58.51 $ 61.44 $ 64.51 $ 67.74 Bi-Weekly $ 4,458.07 $ 4,680.97 $ 4,915.02 $ 5,160.77 $ 5,418.81 Monthly $ 9,659.15 $ 10,142.11 $ 10,649.22 $ 11,181.68 $ 11,740.76 Annually $ 115,909.86 $ 121,705.35 $ 127,790.62 $ 134,180.15 $ 140,889.15 City Clerk/Paralegal UNREP S Hourly $ 65.41 $ 68.68 $ 72.11 $ 75.72 $ 79.50 Bi-Weekly $ 5,232.60 $ 5,494.23 $ 5,768.94 $ 6,057.39 $ 6,360.26 Monthly $ 11,337.30 $ 11,904.16 $ 12,499.37 $ 13,124.34 $ 13,780.56 Annually $ 136,047.57 $ 142,849.95 $ 149,992.45 $ 157,492.07 $ 165,366.67 City Manager Contract S Hourly $ 133.41
Bi-Weekly $ 10,673.08
Monthly $ 23,125.00
Annually $ 277,500.00
Code Enforcement Technician I UNREP H Hourly $ 32.28 $ 33.90 $ 35.59 $ 37.37 $ 39.24 Bi-Weekly $ 2,582.64 $ 2,711.77 $ 2,847.36 $ 2,989.73 $ 3,139.22 Monthly $ 5,595.72 $ 5,875.51 $ 6,169.28 $ 6,477.75 $ 6,801.64 Annually $ 67,148.67 $ 70,506.10 $ 74,031.40 $ 77,732.97 $ 81,619.62 Code Enforcement Technician II UNREP H Hourly $ 35.51 $ 37.29 $ 39.15 $ 41.11 $ 43.16 Bi-Weekly $ 2,840.90 $ 2,982.95 $ 3,132.10 $ 3,288.70 $ 3,453.14 Monthly $ 6,155.29 $ 6,463.05 $ 6,786.21 $ 7,125.52 $ 7,481.79 Annually $ 73,863.48 $ 77,556.66 $ 81,434.49 $ 85,506.22 $ 89,781.53 Code Enforcement Officer I UNREP H Hourly $ 38.74 $ 40.68 $ 42.71 $ 44.85 $ 47.09 Bi-Weekly $ 3,099.17 $ 3,254.13 $ 3,416.84 $ 3,587.68 $ 3,767.06 Monthly $ 6,714.87 $ 7,050.61 $ 7,403.14 $ 7,773.30 $ 8,161.96 Annually $ 80,578.42 $ 84,607.35 $ 88,837.71 $ 93,279.60 $ 97,943.58 Code Enforcement Officer II UNREP H Hourly $ 42.61 $ 44.74 $ 46.98 $ 49.33 $ 51.80 Bi-Weekly $ 3,409.09 $ 3,579.54 $ 3,758.52 $ 3,946.45 $ 4,143.77 Monthly $ 7,386.36 $ 7,755.67 $ 8,143.46 $ 8,550.63 $ 8,978.16 Annually $ 88,636.28 $ 93,068.09 $ 97,721.50 $ 102,607.57 $ 107,737.95 Community Development Director UNREP S Hourly $ 88.54 $ 92.96 $ 97.61 $ 102.49 $ 107.62 Bi-Weekly $ 7,083.01 $ 7,437.16 $ 7,809.02 $ 8,199.47 $ 8,609.44 Monthly $ 15,346.52 $ 16,113.84 $ 16,919.53 $ 17,765.51 $ 18,653.79 Annually $ 184,158.19 $ 193,366.10 $ 203,034.41 $ 213,186.13 $ 223,845.43 Custodian UNREP H Hourly $ 27.17 $ 28.53 $ 29.95 $ 31.45 $ 33.02 Bi-Weekly $ 2,173.35 $ 2,282.02 $ 2,396.12 $ 2,515.92 $ 2,641.72 Monthly $ 4,708.92 $ 4,944.37 $ 5,191.59 $ 5,451.17 $ 5,723.73 Annually $ 56,507.08 $ 59,332.43 $ 62,299.05 $ 65,414.01 $ 68,684.71 Deputy City Clerk UNREP H Hourly $ 34.06 $ 35.76 $ 37.55 $ 39.42 $ 41.39 Bi-Weekly $ 2,724.41 $ 2,860.63 $ 3,003.66 $ 3,153.84 $ 3,311.53 Monthly $ 5,902.88 $ 6,198.02 $ 6,507.92 $ 6,833.32 $ 7,174.99 Annually $ 70,834.54 $ 74,376.27 $ 78,095.08 $ 81,999.84 $ 86,099.83 1377
Position Unit Hourly/Salary Frequency Step AA Step A Step B Step C Step D Step E Step F City of Oakley
Master Salary Schedule
All Positions
Effective July 9, 2023
Economic Development Analyst UNREP S Hourly $ 51.27 $ 53.83 $ 56.52 $ 59.35 $ 62.32 Bi-Weekly $ 4,101.36 $ 4,306.42 $ 4,521.75 $ 4,747.83 $ 4,985.23 Monthly $ 8,886.27 $ 9,330.59 $ 9,797.12 $ 10,286.97 $ 10,801.32 Annually $ 106,635.28 $ 111,967.05 $ 117,565.40 $ 123,443.67 $ 129,615.85 Engineering Technician UNREP H Hourly $ 37.10 $ 38.95 $ 40.90 $ 42.94 $ 45.09 Bi-Weekly $ 2,967.67 $ 3,116.05 $ 3,271.86 $ 3,435.45 $ 3,607.22 Monthly $ 6,429.95 $ 6,751.45 $ 7,089.02 $ 7,443.47 $ 7,815.64 Annually $ 77,159.40 $ 81,017.37 $ 85,068.24 $ 89,321.65 $ 93,787.73 Facilities Maintenance Worker UNREP H Hourly $ 31.91 $ 33.51 $ 35.18 $ 36.94 $ 38.79 Bi-Weekly $ 2,552.80 $ 2,680.44 $ 2,814.46 $ 2,955.19 $ 3,102.95 Monthly $ 5,531.07 $ 5,807.62 $ 6,098.00 $ 6,402.90 $ 6,723.05 Annually $ 66,372.83 $ 69,691.47 $ 73,176.04 $ 76,834.85 $ 80,676.59 Finance Director UNREP S Hourly $ 83.15 $ 87.31 $ 91.68 $ 96.26 $ 101.07 Bi-Weekly $ 6,652.22 $ 6,984.83 $ 7,334.08 $ 7,700.78 $ 8,085.82 Monthly $ 14,413.15 $ 15,133.81 $ 15,890.50 $ 16,685.02 $ 17,519.27 Annually $ 172,957.81 $ 181,605.70 $ 190,685.98 $ 200,220.28 $ 210,231.29 Human Resources Director UNREP S Hourly $ 82.81 $ 86.95 $ 91.30 $ 95.86 $ 100.66 Bi-Weekly $ 6,624.74 $ 6,955.98 $ 7,303.78 $ 7,668.97 $ 8,052.41 Monthly $ 14,353.61 $ 15,071.29 $ 15,824.85 $ 16,616.09 $ 17,446.90 Annually $ 172,243.27 $ 180,855.44 $ 189,898.21 $ 199,393.12 $ 209,362.78 Human Resources Technician UNREP H Hourly $ 34.29 $ 36.00 $ 37.80 $ 39.69 $ 41.68 Bi-Weekly $ 2,743.18 $ 2,880.34 $ 3,024.35 $ 3,175.57 $ 3,334.35 Monthly $ 5,943.55 $ 6,240.73 $ 6,552.77 $ 6,880.41 $ 7,224.43 Annually $ 71,322.64 $ 74,888.77 $ 78,633.21 $ 82,564.87 $ 86,693.11 Office Assistant UNREP H Hourly $ 22.18 $ 23.29 $ 24.45 $ 25.68 $ 26.96 Bi-Weekly $ 1,774.36 $ 1,863.08 $ 1,956.24 $ 2,054.05 $ 2,156.75 Monthly $ 3,844.45 $ 4,036.68 $ 4,238.51 $ 4,450.44 $ 4,672.96 Annually $ 46,133.45 $ 48,440.13 $ 50,862.13 $ 53,405.24 $ 56,075.50 Parks & Landscape Maintenance Division Manager UNREP S Hourly $ 61.29 $ 64.36 $ 67.58 $ 70.96 $ 74.50 Bi-Weekly $ 4,903.54 $ 5,148.72 $ 5,406.16 $ 5,676.47 $ 5,960.29 Monthly $ 10,624.35 $ 11,155.56 $ 11,713.34 $ 12,299.01 $ 12,913.96 Annually $ 127,492.16 $ 133,866.77 $ 140,560.11 $ 147,588.12 $ 154,967.52 Parks & Landscape Maintenance Foreman UNREP H Hourly $ 34.94 $ 36.69 $ 38.53 $ 40.45 $ 42.47 Bi-Weekly $ 2,795.47 $ 2,935.24 $ 3,082.01 $ 3,236.11 $ 3,397.91 Monthly $ 6,056.85 $ 6,359.70 $ 6,677.68 $ 7,011.56 $ 7,362.14 Annually $ 72,682.24 $ 76,316.35 $ 80,132.17 $ 84,138.78 $ 88,345.72 Parks & Landscape Maintenance Worker UNREP H Hourly $ 32.36 $ 33.98 $ 35.68 $ 37.46 $ 39.33 Bi-Weekly $ 2,588.69 $ 2,718.13 $ 2,854.03 $ 2,996.74 $ 3,146.57 Monthly $ 5,608.83 $ 5,889.28 $ 6,183.74 $ 6,492.93 $ 6,817.57 Annually $ 67,306.01 $ 70,671.31 $ 74,204.88 $ 77,915.12 $ 81,810.87 Parks & Landscape Maintenance Tree Worker UNREP H Hourly $ 31.42 $ 32.99 $ 34.64 $ 36.37 $ 38.19 Bi-Weekly $ 2,513.29 $ 2,638.96 $ 2,770.91 $ 2,909.45 $ 3,054.92 Monthly $ 5,445.47 $ 5,717.74 $ 6,003.63 $ 6,303.81 $ 6,619.00 Annually $ 65,345.64 $ 68,612.92 $ 72,043.57 $ 75,645.75 $ 79,428.03 1378
Position Unit Hourly/Salary Frequency Step AA Step A Step B Step C Step D Step E Step F City of Oakley
Master Salary Schedule
All Positions
Effective July 9, 2023
Park Ranger UNREP H Hourly $ 38.74 $ 40.68 $ 42.71 $ 44.85 $ 47.09 Bi-Weekly $ 3,099.17 $ 3,254.13 $ 3,416.84 $ 3,587.68 $ 3,767.06 Monthly $ 6,714.87 $ 7,050.61 $ 7,403.14 $ 7,773.30 $ 8,161.96 Annually $ 80,578.42 $ 84,607.35 $ 88,837.71 $ 93,279.60 $ 97,943.58 Permit Technician I UNREP H Hourly $ 29.56 $ 31.04 $ 32.59 $ 34.22 $ 35.94 Bi-Weekly $ 2,365.12 $ 2,483.38 $ 2,607.54 $ 2,737.92 $ 2,874.82 Monthly $ 5,124.43 $ 5,380.65 $ 5,649.68 $ 5,932.16 $ 6,228.77 Annually $ 61,493.10 $ 64,567.76 $ 67,796.14 $ 71,185.95 $ 74,745.25 Permit Technician II UNREP H Hourly $ 32.52 $ 34.15 $ 35.85 $ 37.65 $ 39.53 Bi-Weekly $ 2,601.63 $ 2,731.71 $ 2,868.29 $ 3,011.71 $ 3,162.29 Monthly $ 5,636.86 $ 5,918.70 $ 6,214.64 $ 6,525.37 $ 6,851.64 Annually $ 67,642.32 $ 71,024.44 $ 74,575.66 $ 78,304.45 $ 82,219.67 Permit Technician II (Y-RATE) UNREP H Hourly $ 43.93
Bi-Weekly $ - $ - $ - $ - $ 3,514.36
Monthly $ - $ - $ - $ - $ 7,614.45
Annually $ - $ - $ - $ - $ 91,373.36
Planning Manager UNREP S Hourly $ 72.25 $ 75.87 $ 79.66 $ 83.64 $ 87.82 Bi-Weekly $ 5,780.20 $ 6,069.21 $ 6,372.67 $ 6,691.30 $ 7,025.87 Monthly $ 12,523.76 $ 13,149.95 $ 13,807.45 $ 14,497.82 $ 15,222.71 Annually $ 150,285.12 $ 157,799.37 $ 165,689.34 $ 173,973.81 $ 182,672.50 Police Chief Contract S Hourly $ 114.96
Bi-Weekly $ 9,196.62
Monthly $ 19,926.00
Annually $ 239,112.00
Police Lieutenant UNREP S Hourly $ 74.95 $ 78.70 $ 82.64 $ 86.77 $ 91.11 $ 95.66 Bi-Weekly $ 5,996.25 $ 6,296.06 $ 6,610.86 $ 6,941.41 $ 7,288.48 $ 7,652.90 Monthly $ 12,991.87 $ 13,641.46 $ 14,323.54 $ 15,039.71 $ 15,791.70 $ 16,581.28 Annually $ 155,902.45 $ 163,697.57 $ 171,882.45 $ 180,476.57 $ 189,500.40 $ 198,975.42 Police Officer OPOA H Hourly 48.23 $ 50.64 $ 53.17 $ 55.83 $ 58.62 $ 61.55 $ 64.63 Bi-Weekly $ 3,858.13 $ 4,051.04 $ 4,253.59 $ 4,466.27 $ 4,689.59 $ 4,924.06 $ 5,170.27 Monthly $ 8,359.29 $ 8,777.25 $ 9,216.12 $ 9,676.92 $ 10,160.77 $ 10,668.81 $ 11,202.25 Annually $ 100,311.47 $ 105,327.04 $ 110,593.39 $ 116,123.06 $ 121,929.21 $ 128,025.68 $ 134,426.96 Police Records Assistant UNREP H Hourly $ 28.18 $ 29.59 $ 31.07 $ 32.62 $ 34.25 Bi-Weekly $ 2,254.16 $ 2,366.87 $ 2,485.22 $ 2,609.48 $ 2,739.95 Monthly $ 4,884.02 $ 5,128.22 $ 5,384.64 $ 5,653.87 $ 5,936.56 Annually $ 58,608.28 $ 61,538.69 $ 64,615.63 $ 67,846.41 $ 71,238.73 Police Records Supervisor UNREP S Hourly $ 41.03 $ 43.08 $ 45.24 $ 47.50 $ 49.87 Bi-Weekly $ 3,282.49 $ 3,446.61 $ 3,618.94 $ 3,799.89 $ 3,989.88 Monthly $ 7,112.05 $ 7,467.66 $ 7,841.04 $ 8,233.09 $ 8,644.75 Annually $ 85,344.65 $ 89,611.88 $ 94,092.47 $ 98,797.10 $ 103,736.95 Police Sergeant OPOA H Hourly $ 60.64 $ 63.67 $ 66.86 $ 70.20 $ 73.71 $ 77.39 Bi-Weekly $ 4,851.28 $ 5,093.84 $ 5,348.54 $ 5,615.96 $ 5,896.76 $ 6,191.60 Monthly $ 10,511.11 $ 11,036.66 $ 11,588.50 $ 12,167.92 $ 12,776.32 $ 13,415.13 Annually $ 126,133.28 $ 132,439.94 $ 139,061.94 $ 146,015.04 $ 153,315.79 $ 160,981.58 1379
Position Unit Hourly/Salary Frequency Step AA Step A Step B Step C Step D Step E Step F City of Oakley
Master Salary Schedule
All Positions
Effective July 9, 2023
Police Services Assistant UNREP H Hourly $ 31.58 $ 33.16 $ 34.81 $ 36.55 $ 38.38 Bi-Weekly $ 2,526.12 $ 2,652.42 $ 2,785.04 $ 2,924.30 $ 3,070.51 Monthly $ 5,473.26 $ 5,746.92 $ 6,034.26 $ 6,335.98 $ 6,652.78 Annually $ 65,679.06 $ 68,963.02 $ 72,411.17 $ 76,031.72 $ 79,833.31 Principal Engineer UNREP S Hourly $ 68.84 $ 72.28 $ 75.90 $ 79.69 $ 83.68 Bi-Weekly $ 5,507.30 $ 5,782.67 $ 6,071.80 $ 6,375.39 $ 6,694.16 Monthly $ 11,932.49 $ 12,529.11 $ 13,155.57 $ 13,813.35 $ 14,504.01 Annually $ 143,189.86 $ 150,349.35 $ 157,866.82 $ 165,760.16 $ 174,048.17 Property & Evidence Technician UNREP S Hourly $ 34.07 $ 35.77 $ 37.56 $ 39.44 $ 41.41 Bi-Weekly $ 2,725.46 $ 2,861.73 $ 3,004.82 $ 3,155.06 $ 3,312.81 Monthly $ 5,905.17 $ 6,200.42 $ 6,510.44 $ 6,835.97 $ 7,177.77 Annually $ 70,861.98 $ 74,405.08 $ 78,125.33 $ 82,031.60 $ 86,133.18 Public Works Director/City Engineer UNREP S Hourly $ 86.05 $ 90.35 $ 94.87 $ 99.62 $ 104.60 Bi-Weekly $ 6,884.13 $ 7,228.34 $ 7,589.75 $ 7,969.24 $ 8,367.70 Monthly $ 14,915.62 $ 15,661.40 $ 16,444.47 $ 17,266.69 $ 18,130.02 Annually $ 178,987.38 $ 187,936.75 $ 197,333.59 $ 207,200.27 $ 217,560.28 Public Works Inspector UNREP H Hourly $ 42.64 $ 44.77 $ 47.01 $ 49.36 $ 51.83 Bi-Weekly $ 3,411.23 $ 3,581.79 $ 3,760.88 $ 3,948.92 $ 4,146.37 Monthly $ 7,390.99 $ 7,760.54 $ 8,148.57 $ 8,556.00 $ 8,983.80 Annually $ 88,691.90 $ 93,126.49 $ 97,782.82 $ 102,671.96 $ 107,805.56 Public Works Maintenance Worker UNREP H Hourly $ 32.36 $ 33.98 $ 35.68 $ 37.46 $ 39.33 Bi-Weekly $ 2,588.69 $ 2,718.13 $ 2,854.03 $ 2,996.74 $ 3,146.57 Monthly $ 5,608.83 $ 5,889.28 $ 6,183.74 $ 6,492.93 $ 6,817.57 Annually $ 67,306.01 $ 70,671.31 $ 74,204.88 $ 77,915.12 $ 81,810.87 Recreation & Events Coordinator UNREP H Hourly $ 32.83 $ 34.47 $ 36.20 $ 38.01 $ 39.91 Bi-Weekly $ 2,626.62 $ 2,757.95 $ 2,895.85 $ 3,040.65 $ 3,192.68 Monthly $ 5,691.02 $ 5,975.57 $ 6,274.35 $ 6,588.06 $ 6,917.47 Annually $ 68,292.21 $ 71,706.82 $ 75,292.17 $ 79,056.77 $ 83,009.61 Recreation Director UNREP S Hourly $ 73.97 $ 77.67 $ 81.56 $ 85.63 $ 89.92 Bi-Weekly $ 5,917.93 $ 6,213.83 $ 6,524.52 $ 6,850.74 $ 7,193.28 Monthly $ 12,822.18 $ 13,463.29 $ 14,136.46 $ 14,843.28 $ 15,585.44 Annually $ 153,866.18 $ 161,559.49 $ 169,637.46 $ 178,119.34 $ 187,025.30 Senior Accounting Technician UNREP H Hourly $ 38.88 $ 40.82 $ 42.86 $ 45.01 $ 47.26 Bi-Weekly $ 3,110.26 $ 3,265.77 $ 3,429.06 $ 3,600.51 $ 3,780.54 Monthly $ 6,738.89 $ 7,075.83 $ 7,429.62 $ 7,801.11 $ 8,191.16 Annually $ 80,866.66 $ 84,909.99 $ 89,155.49 $ 93,613.27 $ 98,293.93 Streets Maintenance Foreman UNREP H Hourly $ 36.03 $ 37.83 $ 39.73 $ 41.71 $ 43.80 Bi-Weekly $ 2,882.57 $ 3,026.70 $ 3,178.03 $ 3,336.94 $ 3,503.78 Monthly $ 6,245.57 $ 6,557.85 $ 6,885.74 $ 7,230.03 $ 7,591.53 Annually $ 74,946.84 $ 78,694.18 $ 82,628.89 $ 86,760.33 $ 91,098.35 1380
Position Unit Hourly/Salary Frequency Step AA Step A Step B Step C Step D Step E Step F City of Oakley
Master Salary Schedule
All Positions
Effective July 9, 2023
City Council Member Elected Monthly $ 456.75
Administrative Assistant Part Time H Hourly $ 29.69 $ 36.08 Human Resources Assistant Part Time H Hourly $ 31.17 $ 37.89 Police Records Assistant Part Time H Hourly $ 28.18 $ 34.25 Police Service Assistant Part Time H Hourly $ 31.58 $ 38.38 Recreation Leader Part Time H Hourly $ 17.88 $ 21.74
Sports Field Laborer Part Time H Hourly $ 22.44 $ 27.28 Parks & Landscaping Maintenance Worker Seasonal H Hourly $ 32.36 $ 39.33 Recreation Aide Seasonal H Hourly $ 16.25 $ 19.77
Recreation Leader Seasonal H Hourly $ 17.88 $ 21.74
1381
FLSA Designation: Non-Exempt
Classification: Regular Full-Time Employee
Effective Date: July 2023

ADMINISTRATIVE TECHNICIAN

ADMINISTRATIVE TECHNICIAN
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

SUMMARY DESCRIPTION
Under general supervision, performs a full range of varied complex, sensitive, highly responsible, and confidential office administrative, advanced clerical, and routine programmatic support functions of a general or specialized nature in support of an assigned department with only occasional instruction or assistance; exercising judgment and initiative, relieves assigned staff of clearly defined and delegated administrative or technical detail; and provides information and assistance to other City staff and the general public regarding assigned programs, policies, and procedures.

ESSENTIAL DUTIES
The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices. • Perform a wide variety of varied, complex, sensitive, highly responsible, and confidential office administrative, advanced clerical, and routine programmatic support functions in support of assigned departments with only occasional instruction or assistance.
• Organize, complete and track and keep current all department contracts ensuring compliance and budget.
• Relieves upper management of administrative work including investigating and answering complaints and providing assistance in resolving administrative problems.
• Plans and organizes work activities, recommends improvements in workflow, procedures, and use of equipment and forms, implements improvements as directed and develops and revises office forms and report formats as required. • Serve as liaison between assigned office and the general public, City departments, and outside groups and agencies.
• Provide general and specialized information and assistance regarding assigned function that may require the use of judgment, tact, and sensitivity and the 1382
FLSA Designation: Non-Exempt
Classification: Regular Full-Time Employee
Effective Date: July 2023

ADMINISTRATIVE TECHNICIAN
interpretation of policies, rules, and procedures as appropriate; explain programs, policies, and activities related to specific program area of assignment. • Draft, format, edit, revise, and print a variety of documents and forms including reports, correspondence, memoranda, agenda items and reports, agreements, ordinances, resolutions, technical and statistical charts and tables, and other specialized and technical materials from brief verbal instructions. • Proofread, verify, and review materials, applications, records, and reports for accuracy, completeness, and conformance with established standards, regulations, policies, and procedures; ensure materials, reports, and packets for signature are accurate and complete.
• Prepare special reports and perform special projects that may require researching, gathering, and organizing information from a variety of sources. • Participate in the collection, compilation, and analysis of information from various sources on a variety of specialized topics related to assigned programs; participate in the preparation of reports that present and interpret data, identify alternatives, and make and justify recommendations.
• Maintain accurate and up-to-date office files, records, and logs for assigned areas; develop.
• Assist in assembling and preparing the annual budget for assigned area; monitor expenditures against budget; prepare purchase orders and requests for payment. • Attend to a variety of office administrative details such as ordering supplies, arranging for equipment repair, transmitting information, and keeping reference materials up to date; organize and maintain office and specialized files in accordance with the City’s records management program.
• Maintain calendar of activities for the department and outside events; coordinate and arrange special events as assigned; schedule meetings; coordinate arrangements and sets up meeting rooms; notify participants; prepare and assemble meeting materials.
• Operate a variety of modern office equipment and utilize various computer applications and software packages.
• Perform related duties as required.

QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.
1383
FLSA Designation: Non-Exempt
Classification: Regular Full-Time Employee
Effective Date: July 2023

ADMINISTRATIVE TECHNICIAN
Knowledge of:
• Organization, operation, functions, and services of the City and of outside agencies as necessary to assume assigned responsibilities. • Office procedures, methods, and equipment including computers and applicable software including applications such as word processing, spreadsheets, and databases.
• Principles and practices of sound business communication. • Principles of business communication both verbal and written and report preparation.
• Records management principles and procedures including record keeping and filing principles and practices.
• Basic principles and practices of office administration. • Basic accounting and purchasing principles and practices. • Basic principles and practices of budget preparation and administration. • English usage, spelling, grammar, and punctuation.
• Customer service and public relations methods and techniques. • Methods and techniques of proper phone etiquette.
• Pertinent federal, state, and local laws, codes, and regulations.

Ability to:
• Perform a full range of varied complex, sensitive, highly responsible, and confidential office administrative, advanced clerical, and routine programmatic support functions of a general or specialized nature in support of assigned department with only occasional instruction or assistance. • Understand the organization and operation of the City and of outside agencies as necessary to assume assigned responsibilities.
• Understand, interpret, and apply general and specific administrative and departmental policies and procedures.
• Interpret and apply applicable federal, state, and local laws, codes, and regulations.
• Operate office equipment and applicable software and database applications. • Enter data accurately and efficiently.
• Participate in researching, compiling, analyzing, and interpreting data. • Participate in the preparation of a variety of administrative and financial reports. • Establish, organize, and maintain a variety of specialized files and records. 1384
FLSA Designation: Non-Exempt
Classification: Regular Full-Time Employee
Effective Date: July 2023

ADMINISTRATIVE TECHNICIAN
• Independently prepare correspondence and memoranda.
• Plan and organize work to meet changing priorities and deadlines. • Work under steady pressure with frequent interruptions and a high degree of public contact by phone or in person.
• Understand and carry out oral and written directions. • Respond tactfully, clearly, concisely, and appropriately to inquiries from the public or City departments sensitive issues in area of responsibility. • Exercise good judgment and maintain confidentiality in maintaining critical and sensitive information, records, and reports.
• Communicate clearly and concisely, both orally and in writing. • Use sound judgment in recognizing scope of authority. • Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

EDUCATION AND EXPERIENCE GUIDELINES
Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Education/Training: Equivalent to the completion of the twelfth grade. Additional specialized or college level course work in business administration, office management, or a related field is highly desirable.

Experience: Four years of increasingly responsible office administrative support experience. Experience in municipal government is desirable.

PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodation may be made to enable individuals with disabilities to perform the essential job functions.

Environment: Work is performed primarily in a standard office environment with frequent interruptions. At times, the incumbent may be asked to work extended hours including evenings and weekends and may be required to travel outside City boundaries to attend meetings and training.
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FLSA Designation: Non-Exempt
Classification: Regular Full-Time Employee
Effective Date: July 2023

ADMINISTRATIVE TECHNICIAN
Physical: Primary functions require sufficient physical ability and mobility to work in an office setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; to travel to other locations using various modes of private and commercial transportation; and to verbally communicate to exchange information.

Vision: See in the normal visual range with or without correction.

Hearing: Hear in the normal audio range with or without correction.

EMPLOYEE ACKNOWLEDGEMENT AND ACCEPTANCE
I acknowledge I have received and read my job description and understand and accept the responsibilities, qualifications, physical demands, and work environment this position requires.

Employee’s Name (print) Employee’s Signature Date
Supervisor Name (print) Supervisor’s signature Date
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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 1388
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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 2025 – 2% COLA
July of 2026 – 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.

2.6 Life Insurance and Accidental Death and Dismemberment 1392
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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 six hundred fifty 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 1395
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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. 1396
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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 1399
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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 2025 – 2% COLA
July of 2026 – 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. 1401
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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. 1402
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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. 1403
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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 cover the cost of laundering/dry cleaning of uniforms at a designated location.

The City 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. 1405
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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.
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4888-0677-6168.3

AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF OAKLEY AND JOSHUA McMURRAY
This Amendment (“Amendment”) to the Employment Agreement between the City of Oakley and Joshua McMurray (“Manager”), effective November 10, 2021 (“Employment Agreement”), is entered into and effective on July 1, 2023 (“Effective Date of this Amendment”).

The Employment Agreement shall be amended as set forth below. All other terms of the Employment Agreement not amended shall remain the same as set forth in the Employment Agreement.

1. Section 7.A to the Employment Agreement is amended to provide that on and after the Effective Date of this Amendment, Manager shall receive an annual salary of $277,500, payable in equal installments at the same time and in the same manner as other employees of the City are paid. The salary shall be subject to withholding.

Executed on this _____ day of June, 2023.

Joshua McMurray Aaron Meadows
City Manager Mayor
Approved as to Form:

Derek P. Cole
City Attorney
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DATE: June 13, 2023
TO: City Council
FROM: Joshua McMurray, City Manager
Kevin Rohani, City Engineer and Public Works Director
SUBJECT: 55-acre Park Discussion
______________________________________________________________________ Background and Analysis
The 55-acre park site at the north end of Sellers Avenue has been a topic of discussion for over 20 years. The site has gone through several iterations of planning level design that has been influenced over the years by many including the public, past and current City Councilmembers, City Staff, design consultants, and representatives from the State Department of Water resources and partner agencies working on the Dutch Slough Tidal Restoration Project (which surrounds the 55-acre site on the west, north and east). The most current site plan was developed in 2019 and Staff is currently working with Calendar Associates to rework the design of the park site.

The City held a community meeting on March 29th at the Oakley Recreation Center. A total of 35 people attended that meeting and provided input. That input is currently being evaluated and compiled and will be presented, along with the survey results, at another community meeting that will be held in July.

The purpose of this Work Session is to get input from the City Council prior to the second community meeting. Staff would also like to explore options for the park site that still would include some of the uses that have been discussed both in the past and present and also consider other uses that would capitalize on the park’s location and water access. The City is currently trying to establish its identity as a destination for boating, fishing and activities that center around the Delta. The challenge with that is the only location in which the City owns land that has Delta access is the 55-acre park site. The other areas of the shoreline are either privately owned or State owned. There are features that could be included in the concept design that would help the City achieve it’s goal and those would relate to water access for both motorized and non-motorized vessels, parking areas, potential camping spots and locations for day-use at the site. Staff will discuss these ideas in broad context to solicit feedback that will help refine the concept plans that Calendar Associates are preparing for the July meeting.

Fiscal Impact
There is no fiscal impact associated with this update to the City Council.

STAFF REPORT
Approved and Forwarded to the City Council
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Staff Recommendation
Staff recommends that the City Council receive the Staff Report and provide Staff direction.

Attachments

1. 2019 55-Acre Park Master Plan
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OAKLEY REGIONAL PARK ADVANCEMENT
MAY 28, 2019

ACTIVITY AREAS

1. MULTI-USE TURF FIELDS

2. LITTLE LEAGUE FIELD (250’-300’ INFIELDS)

3. SOCCER FIELD (U-10)

4. LACROSSE FIELD

5. BOCCE BALL COURTS

6. DESTINATION PLAYGROUND

7. MULTI-USE TRAIL

8. MULTI-USE TRAIL + EQUESTRIAN

9. INTERPRETIVE NATURE TRAIL

10. OUTDOOR LEARNING/CLASSROOM

11. TRAIL KIOSK

12. KAYAK LAUNCH

13. BEACH RIVER FRONT

COMMUNITY GATHERING AREA

14. PICNIC MEADOW

15. OPEN MEADOW

16. PICNIC AREA

17. GROUP PICNIC AREA

18. SCORE KEEPERS BOOTH/SHELTER

19. SHADE STRUCTURE, TYP.

20. PAVILION

21. BOAT HOUSE

22. INTERPRETIVE CENTER

23. HISTORIC GILBERT HOUSE

24. EVENT LAWN

25. VISITOR/ADMIN BUILDING

26. COMMUNITY GARDEN

27. FARM ANIMAL PADDOCK

28. AGRICULTURAL FIELDS

29. AGRICULTURAL SUPPORT/BARN

30. CONCESSION/ RESTROOM
OTHER

31. PARK ENTRY

32. BRIDGE CROSSOVER

33. ACCESS ROAD, TYP.

34. GRAVEL ACCESS ROAD

35. MAINTENANCE BUILDING

36. PARKING, TYP.

37. TRAIL HEAD PARKING +

EQUESTRIAN

MASTER PLAN
DUTCH
SLOUGH

CONTRA COSTA CANAL

SELLERS AVENUE
0 45’ 90’ 180’
2 3
4 8
7 6
5 12
11 1
10 9

MASTER PLAN LEGEND
COOLCR
E
S
T
DRIVE
AMBERW
I
N
D
CIRCLE
WILL

BLUESTONE DRIVE
OW
W
AY
2 13
14 15
15 16
17 18
19 21
20 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
36 36
36 37
33 19
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Oakley

VIA EMAIL
Derek Cole
City Attorney's Office
City of Oakley
2281 Lava Ridge Court
Suite 300
Roseville, CA 95661
[email protected]
Paul Beard
Chief of Police
Oakley Police Department
3231 Main St.

Oakley, CA 94561
[email protected]
May 25, 2023
Re: Oakley Police Department’s Violations of State Law for Sharing License Plate Reader Data
Dear Mr. Cole and Mr. Beard,
We write regarding records obtained by our offices in response to a California Public Records Act Request (“PRA Records”),1 which state that the Oakley Police Department (“the Department”) shares automated license plate reader (“ALPR”) information, including the locations of drivers, with out-of-state law enforcement agencies. This sharing violates two state laws that prohibit sharing of information with out-of-state entities about the provision of abortion care, Cal. Penal Code § 13778.2, and sharing of information collected by ALPR systems. Cal Civ. Code § 1798.90.55(b). We are particularly concerned that anti-abortion states may seek to exploit this information to track, locate, and prosecute abortion seekers and providers.

Regardless of your Department’s intent, this act of sharing poses a risk to people and violates state law. We therefore urge that you immediately investigate any sharing relationship with these 1 https://www.muckrock.com/foi/oakley-3351/automated-license-plate-readers-oakley-police-department136087/ 1412

agencies, prohibit the Department from sharing in this fashion again, and reconsider the Department’s use of ALPR technology.

I. ALPR Surveillance of Oakley Drivers’ Locations Violates Their Civil Liberties and Civil Rights and Could be Used to Prosecute Out-of-State Abortion Seekers.

ALPR technology is a powerful surveillance system that can be used to invade the privacy of individuals and violate the rights of entire communities. ALPR systems collect and store location information about drivers whose cars pass through ALPR cameras’ fields of view, which, along with the date and time of capture, can be built into a database that reveals sensitive details about where individuals work, live, associate, worship, seek medical care, and travel.2 Much of this information has traditionally been unavailable to law enforcement without a search warrant. Further, ALPR systems are easily misused to harm marginalized communities.3 As with other surveillance technologies, police often deploy license plate readers in poor and historically overpoliced areas, regardless of crime rates.4
Additionally, and particularly since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization,
5 which overturned Roe v. Wade,6 ALPR technology and the 2 See, e.g., Automatic License Plate Readers, ELECTRONIC FRONTIER FOUND., March 29, 2023, https://www.eff.org/sls/tech/automated-license-plate-readers; You Are Being Tracked: How License Plate Readers Are Being Used to Record Americans’ Movements, AM. CIV. LIBERTIES UNION, July 2013, https://www.aclu.org/other/you-are-being-tracked-how-license-plate-readers-are-being-used-record-americansmovements. 3 See, e.g., Angel Diaz & Rachel Levinson-Waldman, Automatic License Plate Readers: Legal Status and Policy Recommendations for Law Enforcement Use, BRENNAN CTR. FOR JUST., Sept. 10, 2020, https://www.brennancenter.org/our-work/research-reports/automatic-license-plate-readers-legal-status-and-policyrecommendations; Christine Hauser, Aurora Police Chief Apologizes After Officers Handcuff Children on the Ground, N.Y. TIMES, Aug. 5, 2020, https://www.nytimes.com/2020/08/05/us/aurora-police-black-family.html (ALPR falsely flagged a Black family’s SUV as stolen, leading to a stop during which entire family, including four children, was forced to lie on the ground during the stop); Vasudha Talla, Records Reveal ICE Agents Run Thousands of License Plate Queries a Month in Massive Location Database, ACLU OF NORTHERN CAL., June 2019, https://www.aclunc.org/blog/records-reveal-ice-agents-run-thousands-license-plate-queries-month-massive-locationdatabase; Matt Cagle, San Francisco – Paying the Price for Surveillance Without Safeguards, ACLU OF NORTHERN CAL., May 22, 2014, https://www.aclunc.org/blog/san-francisco-paying-price-surveillance-without-safeguards; Adam Goldman and Matt Apuzzo, With Cameras, Informants, NYPD Eyed Mosques, ASSOCIATED PRESS, Feb. 23, 2012, https://www.ap.org/ap-in-the-news/2012/with-cameras-informants-nypd-eyed-mosques. 4 Dave Maass and Jeremy Gillula, What You Can Learn from Oakland’s Raw ALPR Data, ELECTRONIC FRONTIER FOUND., Jan. 21, 2015, https://www.eff.org/deeplinks/2015/01/what-we-learned-oakland-raw-alpr-data; Barton Gellman and Sam Adler-Bell, The Disparate Impact of Surveillance, THE CENTURY FOUND., Dec. 21, 2017, https://production-tcf.imgix.net/app/uploads/2017/12/03151009/the-disparate-impact-of-surveillance.pdf; see also, e.g., Kaveh Waddell, How License-Plate Readers Have Helped Police and Lenders Target the Poor, THE ATLANTIC, Apr. 22, 2016 https://www.theatlantic.com/technology/archive/2016/04/how-license-plate-readers-have-helpedpolice-and-lenders-target-the-poor/479436/ (summarizing data indicating that Oakland Police Department deployed ALPRs “disproportionately often in low-income areas and in neighborhoods with high concentrations of AfricanAmerican and Latino residents”). 5 142 S. Ct. 2228 (2022).
6 410 U.S. 113 (1972).
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information it collects is vulnerable to exploitation against people seeking, providing, and facilitating access to abortion.7 Law enforcement officers in anti-abortion jurisdictions who receive the locations of drivers collected by California-based ALPRs may seek to use that information to monitor abortion clinics and the vehicles seen around them and closely track the movements of abortion seekers and providers.8 This threatens even those obtaining or providing abortions in California, since several anti-abortion states plan to criminalize and prosecute those who seek or assist in out-of-state abortions.9
II. The Department Shares Local Drivers’ Data with Out-of-State Agencies, including Agencies in Anti-Abortion States.

The PRA Records obtained by our office state that the Department shares ALPR information with law enforcement agencies across the country, including with at least one agency in a state where abortion is banned or highly restricted. The Department lists out-of-state agencies as sharing partners with the ability to search your Department’s local ALPR information, including scans of license plates and the location of the scanned plate. These out-ofstate agencies have the ability to search sensitive local ALPR information but are not subject to the important privacy protections imposed by the California state legislature.

III. Sharing of ALPR Information with Out-of-State Agencies Violates State Law and Undermines California’s Protections for Reproductive Health Privacy.

Any sharing of ALPR information with out-of-state agencies violates state law and the only way to prevent these violations, and the harm caused by exposing sensitive driver information to out-of-state agencies, is to cease such sharing. Under the California Civil Code, as amended by Senate Bill No. 34, “[a] public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law.” Civ.

Code § 1798.90.55(b). A “public agency” is defined as “the state, any city, county, or city and county, or any agency or political subdivision of the state.” See Civ. Code § 1798.90.5(f) (emphasis added). The Civil Code, therefore, prohibits an agency from sharing or transferring ALPR information with or to out-of-state agencies, including those listed in the PRA Records.

In addition, sharing ALPR information with law enforcement in states that criminalize abortion undermines California’s extensive efforts to protect reproductive health privacy. Since 7 Johana Bhuiyan, How expanding web of license plate readers could be ‘weaponized’ against abortion, THE GUARDIAN, Oct. 6, 2022, https://www.theguardian.com/world/2022/oct/06/how-expanding-web-of-licenseplate-readers-could-be-weaponized-against-abortion. 8 Dave Maass, Automated License Plate Readers Threaten Abortion Access. Here’s How Policymakers Can Mitigate the Risk, ELECTRONIC FRONTIER FOUND., Sept. 28, 2022, https://www.eff.org/deeplinks/2022/09/automated-license-plate-readers-threaten-abortion-access-heres-howpolicymakers. 9 See, e.g., Caroline Kitchener and Devlin Barrett, Antiabortion lawmakers want to block patients from crossing state lines, WASHINGTON POST, June 30, 2022,
https://www.washingtonpost.com/politics/2022/06/29/abortion-state-lines/; Josh Moon, Alabama AG: state may prosecute those who assist in out-of-state abortions, ALABAMA POLITICAL REPORTER, Sept. 15, 2022, https://www.alreporter.com/2022/09/15/alabama-ag-state-may-prosecute-those-who-assist-in-out-of-state-abortions/. 1414

last summer when the Supreme Court decided Dobbs, the Legislature has passed more than a dozen laws to protect reproductive freedom, including laws that prohibit law enforcement from cooperating with out-of-state entities regarding abortions that are lawful in California.10 As shown in the PRA Records, the Department shares ALPR information with at least one law enforcement agency in an anti-abortion state. Sharing ALPR information with these agencies raises concerns in light of the recently enacted Assembly Bill No. 1242, which prohibits state and local public agencies from “cooperat[ing] with or provid[ing] information” to out-ofstate agencies “regarding an abortion that is lawful under the laws of this state and that is performed in this state.” Cal. Penal Code § 13778.2.

The sharing of ALPR information is harmful because it exposes the sensitive location information of drivers to misuse in states without California’s privacy protections. The only way to prevent these harms and address these violations of the law is the terminate the out-of-state sharing.

Additionally, sharing ALPR information with out-of-state agencies undermines the California Constitution’s long-standing protections for reproductive rights11 and the values guiding state law, as set out in the legislative findings and declarations of the Reproductive Privacy Act:
“The Legislature finds and declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions. Accordingly, it is the public policy of the State of California that . . . [e]very woman has the fundamental right to choose to bear a child or to choose and to obtain an abortion . . . [and t]he state shall not deny or interfere with a woman’s fundamental right to choose to bear a child or to choose to obtain an abortion[.]”
Cal. Health & Safety Code § 123462. These declared rights are undermined by Oakley sending ALPR information to out-of-state law enforcement agencies that may use it to investigate and punish people who seek abortion.

IV. The Department Should End the Illegal Sharing of ALPR Information and Any Further Use of ALPRs.
10 See Joe Garofoli, Newsom signs California abortion protections into law following GOP push for a nationwide ban, SAN FRANCISCO CHRONICAL, Sept. 27, 2022, https://www.sfchronicle.com/bayarea/article/Newsom-signs-California-abortion-protections-into-17470927.php; New Protections for People Who Need Abortion Care and Birth Control, OFFICE OF GOVERNOR GAVIN NEWSOM, Sept. 27, 2022, https://www.gov.ca.gov/2022/09/27/new-protections-for-people-who-need-abortion-care-and-birthcontrol/. 11 See People v. Belous (1969) 71 Cal. 2d 954. The California Constitution was recently amended to expressly enumerate these long-standing protections. See Cal. Const. Art. 1, § 1.1 (“The state shall not deny or interfere with an individual’s reproductive freedom in their most intimate decisions, which includes their fundamental right to choose to have an abortion[.]”) (added Nov. 8, 2022, by Prop. 1. Res. Ch. 97, 2022. Effective Dec. 21, 2022).
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We urge the Department to investigate—and end—the sharing documented above. We ask that you provide proof in writing that such sharing has ended and any record reflecting the same. Cal. Const., art. I, § 3(b)(2); Gov’t Code §§ 7920 et seq.

Further, the risks to civil liberties and civil rights that ALPR technology creates are welldocumented. Even if the Department takes steps to prevent the formal sharing of data with outof-state agencies, the risk of informal sharing with these same agencies will remain. Thus, the best way to ensure that Oakley’s residents and visitors are safe from unnecessary intrusion into their personal lives is to reject the use of ALPR technology altogether.

We look forward to your prompt action and response by June 15, 2023. If you have any questions, please do not hesitate to reach out to Jennifer Pinsof at [email protected].

Sincerely,
Jennifer Pinsof
Staff Attorney
Electronic Frontier Foundation
Matt Cagle
Senior Staff Attorney
ACLU Foundation of
Northern California
Mohammad Tajsar
Senior Staff Attorney
ACLU Foundation of
Southern California
cc: Attorney General Rob Bonta
Office of the Attorney General
California Department of Justice
1300 “I” Street
Sacramento, CA 95814-291
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