Oakley City Council
June 11, 2024

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 Division, 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 Director, Administrative Services Director and City Manager
ƒ Only the Administrative Services Director or City Manager can print checks.
ƒ Blank checks are stored in a locked cabinet and in locked room at all times, and required two signatures, the City Manager and Administrative Services Director.
ƒ Each accounts payable check number is accounted for through the Financial Accounting system.

Human Resources and Payroll
798

Cash Receipts
• All Departments who take payments input those payments into the financial software daily.
• At end of each day a member of the Finance Division will close the register, count cash, and reconcile for deposit. Finance Manager approves and secures cash for each day's deposit.
• 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 Accountant.

Bank and Investment Reconciliations
General Ledger
• The general operating bank account, payroll bank account and successor agency bank account are reconciled monthly by the Accountant that has no check preparation duties for the accounts. Canceled checks are not provided to the City
although they are available online.
• The Finance Manager reviews and signs each monthly
bank reconciliation.
• The Local Agency Investment Fund (LAIF) and other investment pool accounts (CalTrust) are reconciled quarterly by the Finance Manager.
ƒ Each Personnel Action Form, establishing employees’
wagesand budget account numbers are signed by the
Administrative Services Director verified with the adopted salary schedule and PAF's are reviewed by the Finance Division and the City Manager.
ƒ All blank checks are stored in a locked cabinent and locked room at all times and required two signatures, the City Manager and Administrative Services Director.
ƒ All employees’ timesheets are approved by a Department Director and supervisor if applicable and the Payroll Specialist. • All journal entries are reviewed and signed by either the Administrative Services Director or Finance Manager.
799

Budget
• The City Manager and Administrative Services Director must sign a budget amendment for all over-budget amounts, with adequate explanation, unless the amendment requires City Council approval per approved policy.

Audits
• 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 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 Division'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 Division monitors department financial transactions.

Conclusion: this summary of internal control concepts and specifically how the City works to safeguard the City of Oakley’s assets, is how we ensure the safekeeping of our greatest assets. The City’s Finance Division 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.
800
Position Unit Hourly/Salary Frequency Step 00 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Accountant UNREP S Hourly $ 45.15 $ 47.41 $ 49.78 $ 52.27 $ 54.89 Bi-Weekly $ 3,612.38 $ 3,793.00 $ 3,982.65 $ 4,181.78 $ 4,390.87 Monthly $ 7,826.82 $ 8,218.16 $ 8,629.07 $ 9,060.52 $ 9,513.54 Annually $ 93,921.80 $ 98,617.89 $ 103,548.79 $ 108,726.23 $ 114,162.54 Accounting Technician UNREP H Hourly $ 33.98 $ 35.67 $ 37.45 $ 39.33 $ 41.30 Bi-Weekly $ 2,718.40 $ 2,853.60 $ 2,996.00 $ 3,146.40 $ 3,304.00 Monthly $ 5,889.87 $ 6,182.80 $ 6,491.33 $ 6,817.20 $ 7,158.67 Annually $ 70,678.40 $ 74,193.60 $ 77,896.00 $ 81,806.40 $ 85,904.00 Administrative Assistant UNREP H Hourly $ 30.28 $ 31.79 $ 33.38 $ 35.06 $ 36.80 Bi-Weekly $ 2,422.40 $ 2,543.20 $ 2,670.40 $ 2,804.80 $ 2,944.00 Monthly $ 5,248.53 $ 5,510.27 $ 5,785.87 $ 6,077.07 $ 6,378.67 Annually $ 62,982.40 $ 66,123.20 $ 69,430.40 $ 72,924.80 $ 76,544.00 Administrative Services Director UNREP S Hourly $ 90.80 $ 95.34 $ 100.10 $ 105.11 $ 110.36 Bi-Weekly $ 7,263.65 $ 7,626.84 $ 8,008.18 $ 8,408.59 $ 8,829.02 Monthly $ 15,737.92 $ 16,524.81 $ 17,351.05 $ 18,218.61 $ 19,129.54 Annually $ 188,855.00 $ 198,297.72 $ 208,212.60 $ 218,623.32 $ 229,554.48 Administrative Supervisor UNREP S Hourly $ 38.17 $ 40.08 $ 42.08 $ 44.19 $ 46.39 Bi-Weekly $ 3,053.51 $ 3,206.18 $ 3,366.49 $ 3,534.82 $ 3,711.56 Monthly $ 6,615.93 $ 6,946.73 $ 7,294.07 $ 7,658.77 $ 8,041.71 Annually $ 79,391.16 $ 83,360.76 $ 87,528.84 $ 91,905.24 $ 96,500.52 Administrative Technician UNREP H Hourly $ 32.21 $ 33.82 $ 35.51 $ 37.28 $ 39.15 Bi-Weekly $ 2,576.80 $ 2,705.60 $ 2,840.80 $ 2,982.40 $ 3,132.00 Monthly $ 5,583.07 $ 5,862.13 $ 6,155.07 $ 6,461.87 $ 6,786.00 Annually $ 66,996.80 $ 70,345.60 $ 73,860.80 $ 77,542.40 $ 81,432.00 Assistant City Manager UNREP S Hourly $ 97.24 $ 102.10 $ 107.21 $ 112.57 $ 118.20 Bi-Weekly $ 7,779.40 $ 8,168.36 $ 8,576.78 $ 9,005.62 $ 9,455.90 Monthly $ 16,855.36 $ 17,698.12 $ 18,583.02 $ 19,512.18 $ 20,487.79 Annually $ 202,264.32 $ 212,377.44 $ 222,996.24 $ 234,146.16 $ 245,853.48 Assistant Engineer UNREP H Hourly $ 48.23 $ 50.63 $ 53.16 $ 55.83 $ 58.62 Bi-Weekly $ 3,858.40 $ 4,050.40 $ 4,252.80 $ 4,466.40 $ 4,689.60 Monthly $ 8,359.87 $ 8,775.87 $ 9,214.40 $ 9,677.20 $ 10,160.80 Annually $ 100,318.40 $ 105,310.40 $ 110,572.80 $ 116,126.40 $ 121,929.60 Assistant Recreation Coordinator UNREP H Hourly $ 31.15 $ 32.71 $ 34.34 $ 36.06 $ 37.86 Bi-Weekly $ 2,492.00 $ 2,616.80 $ 2,747.20 $ 2,884.80 $ 3,028.80 Monthly $ 5,399.33 $ 5,669.73 $ 5,952.27 $ 6,250.40 $ 6,562.40 Annually $ 64,792.00 $ 68,036.80 $ 71,427.20 $ 75,004.80 $ 78,748.80 Associate Engineer UNREP S Hourly $ 56.84 $ 59.68 $ 62.67 $ 65.80 $ 69.09 Bi-Weekly $ 4,547.23 $ 4,774.59 $ 5,013.32 $ 5,263.98 $ 5,527.19 Monthly $ 9,852.33 $ 10,344.95 $ 10,862.19 $ 11,405.30 $ 11,975.58 Annually $ 118,227.96 $ 124,139.40 $ 130,346.28 $ 136,863.60 $ 143,706.96 City of Oakley
Master Salary Schedule
All Positions
Effective July 07, 2024*
801
Position Unit Hourly/Salary Frequency Step 00 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 City of Oakley
Master Salary Schedule
All Positions
Effective July 07, 2024*
Associate Planner UNREP S Hourly $ 49.24 $ 51.70 $ 54.29 $ 57.00 $ 59.85 Bi-Weekly $ 3,939.36 $ 4,136.33 $ 4,343.14 $ 4,560.30 $ 4,788.31 Monthly $ 8,535.28 $ 8,962.04 $ 9,410.14 $ 9,880.65 $ 10,374.68 Annually $ 102,423.36 $ 107,544.48 $ 112,921.68 $ 118,567.80 $ 124,496.16 Building Inspector I UNREP H Hourly $ 39.52 $ 41.49 $ 43.56 $ 45.75 $ 48.03 Bi-Weekly $ 3,161.60 $ 3,319.20 $ 3,484.80 $ 3,660.00 $ 3,842.40 Monthly $ 6,850.13 $ 7,191.60 $ 7,550.40 $ 7,930.00 $ 8,325.20 Annually $ 82,201.60 $ 86,299.20 $ 90,604.80 $ 95,160.00 $ 99,902.40 Building Inspector I (Y-RATE) UNREP H Hourly $ 49.83
Bi-Weekly $ - $ - $ - $ 3,986.40 $ -
Monthly $ - $ - $ - $ 8,637.20 $ -
Annually $ - $ - $ - $ 103,646.40 $ -
Building Inspector II w/Combo Cert UNREP H Hourly $ 43.46 $ 45.64 $ 47.92 $ 50.32 $ 52.84 Bi-Weekly $ 3,476.80 $ 3,651.20 $ 3,833.60 $ 4,025.60 $ 4,227.20 Monthly $ 7,533.07 $ 7,910.93 $ 8,306.13 $ 8,722.13 $ 9,158.93 Annually $ 90,396.80 $ 94,931.20 $ 99,673.60 $ 104,665.60 $ 109,907.20 Chief Building Official UNREP S Hourly $ 73.74 $ 77.42 $ 81.30 $ 85.36 $ 89.63 Bi-Weekly $ 5,899.01 $ 6,193.96 $ 6,503.66 $ 6,828.84 $ 7,170.29 Monthly $ 12,781.19 $ 13,420.25 $ 14,091.26 $ 14,795.82 $ 15,535.62 Annually $ 153,374.28 $ 161,043.00 $ 169,095.12 $ 177,549.84 $ 186,427.44 City Clerk/Paralegal UNREP S Hourly $ 66.72 $ 70.05 $ 73.55 $ 77.23 $ 81.09 Bi-Weekly $ 5,337.25 $ 5,604.11 $ 5,884.32 $ 6,178.54 $ 6,487.46 Monthly $ 11,564.05 $ 12,142.24 $ 12,749.36 $ 13,386.83 $ 14,056.17 Annually $ 138,768.60 $ 145,706.88 $ 152,992.32 $ 160,641.96 $ 168,674.04 City Manager** Contract S Hourly $ 140.08
Bi-Weekly $ 11,206.73
Monthly $ 24,281.25
Annually $ 291,375.00
Code Enforcement Technician UNREP H Hourly $ 32.93 $ 34.58 $ 36.30 $ 38.12 $ 40.02 Bi-Weekly $ 2,634.40 $ 2,766.40 $ 2,904.00 $ 3,049.60 $ 3,201.60 Monthly $ 5,707.87 $ 5,993.87 $ 6,292.00 $ 6,607.47 $ 6,936.80 Annually $ 68,494.40 $ 71,926.40 $ 75,504.00 $ 79,289.60 $ 83,241.60 Code Enforcement Officer UNREP H Hourly $ 39.51 $ 41.49 $ 43.56 $ 45.75 $ 48.03 Bi-Weekly $ 3,160.80 $ 3,319.20 $ 3,484.80 $ 3,660.00 $ 3,842.40 Monthly $ 6,848.40 $ 7,191.60 $ 7,550.40 $ 7,930.00 $ 8,325.20 Annually $ 82,180.80 $ 86,299.20 $ 90,604.80 $ 95,160.00 $ 99,902.40 Community Development Director UNREP S Hourly $ 90.31 $ 94.82 $ 99.56 $ 104.54 $ 109.77 Bi-Weekly $ 7,224.67 $ 7,585.90 $ 7,965.19 $ 8,363.46 $ 8,781.63 Monthly $ 15,653.45 $ 16,436.12 $ 17,257.92 $ 18,120.82 $ 19,026.87 Annually $ 187,841.40 $ 197,233.44 $ 207,095.04 $ 217,449.84 $ 228,322.44 802
Position Unit Hourly/Salary Frequency Step 00 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 City of Oakley
Master Salary Schedule
All Positions
Effective July 07, 2024*
Custodian UNREP H Hourly $ 27.71 $ 29.10 $ 30.55 $ 32.08 $ 33.68 Bi-Weekly $ 2,216.80 $ 2,328.00 $ 2,444.00 $ 2,566.40 $ 2,694.40 Monthly $ 4,803.07 $ 5,044.00 $ 5,295.33 $ 5,560.53 $ 5,837.87 Annually $ 57,636.80 $ 60,528.00 $ 63,544.00 $ 66,726.40 $ 70,054.40 Deputy City Clerk UNREP H Hourly $ 34.74 $ 36.48 $ 38.30 $ 40.21 $ 42.22 Bi-Weekly $ 2,779.20 $ 2,918.40 $ 3,064.00 $ 3,216.80 $ 3,377.60 Monthly $ 6,021.60 $ 6,323.20 $ 6,638.67 $ 6,969.73 $ 7,318.13 Annually $ 72,259.20 $ 75,878.40 $ 79,664.00 $ 83,636.80 $ 87,817.60 Economic Development Analyst UNREP S Hourly $ 52.29 $ 54.91 $ 57.65 $ 60.53 $ 63.56 Bi-Weekly $ 4,183.38 $ 4,392.55 $ 4,612.18 $ 4,842.79 $ 5,084.93 Monthly $ 9,064.00 $ 9,517.20 $ 9,993.06 $ 10,492.71 $ 11,017.35 Annually $ 108,768.00 $ 114,206.40 $ 119,916.72 $ 125,912.52 $ 132,208.20 Engineering Manager UNREP S Hourly $ 70.22 $ 73.73 $ 77.42 $ 81.29 $ 85.35 Bi-Weekly $ 5,617.45 $ 5,898.32 $ 6,193.23 $ 6,502.90 $ 6,828.04 Monthly $ 12,171.14 $ 12,779.69 $ 13,418.67 $ 14,089.61 $ 14,794.09 Annually $ 146,053.68 $ 153,356.28 $ 161,024.04 $ 169,075.32 $ 177,529.08 Engineering Technician UNREP H Hourly $ 37.84 $ 39.73 $ 41.72 $ 43.80 $ 45.99 Bi-Weekly $ 3,027.02 $ 3,178.37 $ 3,337.29 $ 3,504.15 $ 3,679.36 Monthly $ 6,558.54 $ 6,886.46 $ 7,230.79 $ 7,592.33 $ 7,971.94 Annually $ 78,702.45 $ 82,637.57 $ 86,769.45 $ 91,107.92 $ 95,663.32 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 Manager UNREP S Hourly $ 67.74 $ 71.13 $ 74.68 $ 78.42 $ 82.34 Bi-Weekly $ 5,419.08 $ 5,690.04 $ 5,974.54 $ 6,273.27 $ 6,586.93 Monthly $ 11,741.35 $ 12,328.42 $ 12,944.84 $ 13,592.08 $ 14,271.69 Annually $ 140,896.20 $ 147,941.04 $ 155,338.08 $ 163,104.96 $ 171,260.28 Human Resources Manager UNREP S Hourly $ 67.74 $ 71.13 $ 74.68 $ 78.42 $ 82.34 Bi-Weekly $ 5,419.08 $ 5,690.04 $ 5,974.54 $ 6,273.27 $ 6,586.93 Monthly $ 11,741.35 $ 12,328.42 $ 12,944.84 $ 13,592.08 $ 14,271.69 Annually $ 140,896.20 $ 147,941.04 $ 155,338.08 $ 163,104.96 $ 171,260.28 Information Technology Manager UNREP S Hourly $ 62.18 $ 65.29 $ 68.56 $ 71.98 $ 75.58 Bi-Weekly $ 4,974.52 $ 5,223.24 $ 5,484.41 $ 5,758.63 $ 6,046.56 Monthly $ 10,778.13 $ 11,317.03 $ 11,882.89 $ 12,477.03 $ 13,100.88 Annually $ 129,337.56 $ 135,804.36 $ 142,594.68 $ 149,724.36 $ 157,210.56 Office Assistant UNREP H Hourly $ 22.62 $ 23.76 $ 24.94 $ 26.19 $ 27.50 Bi-Weekly $ 1,809.60 $ 1,900.80 $ 1,995.20 $ 2,095.20 $ 2,200.00 Monthly $ 3,920.80 $ 4,118.40 $ 4,322.93 $ 4,539.60 $ 4,766.67 Annually $ 47,049.60 $ 49,420.80 $ 51,875.20 $ 54,475.20 $ 57,200.00 803
Position Unit Hourly/Salary Frequency Step 00 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 City of Oakley
Master Salary Schedule
All Positions
Effective July 07, 2024*
Payroll Specialist UNREP H Hourly $ 39.66 $ 41.64 $ 43.72 $ 45.91 $ 48.21 Bi-Weekly $ 3,172.80 $ 3,331.20 $ 3,497.60 $ 3,672.80 $ 3,856.80 Monthly $ 6,874.40 $ 7,217.60 $ 7,578.13 $ 7,957.73 $ 8,356.40 Annually $ 82,492.80 $ 86,611.20 $ 90,937.60 $ 95,492.80 $ 100,276.80 Park Ranger UNREP H Hourly $ 39.51 $ 41.49 $ 43.56 $ 45.75 $ 48.03 Bi-Weekly $ 3,160.80 $ 3,319.20 $ 3,484.80 $ 3,660.00 $ 3,842.40 Monthly $ 6,848.40 $ 7,191.60 $ 7,550.40 $ 7,930.00 $ 8,325.20 Annually $ 82,180.80 $ 86,299.20 $ 90,604.80 $ 95,160.00 $ 99,902.40 Permit Technician UNREP H Hourly $ 31.66 $ 33.24 $ 34.90 $ 36.65 $ 38.49 Bi-Weekly $ 2,532.80 $ 2,659.20 $ 2,792.00 $ 2,932.00 $ 3,079.20 Monthly $ 5,487.73 $ 5,761.60 $ 6,049.33 $ 6,352.67 $ 6,671.60 Annually $ 65,852.80 $ 69,139.20 $ 72,592.00 $ 76,232.00 $ 80,059.20 Planning Manager UNREP S Hourly $ 73.70 $ 77.38 $ 81.25 $ 85.31 $ 89.58 Bi-Weekly $ 5,895.80 $ 6,190.59 $ 6,500.12 $ 6,825.13 $ 7,166.38 Monthly $ 12,774.24 $ 13,412.95 $ 14,083.60 $ 14,787.78 $ 15,527.16 Annually $ 153,290.88 $ 160,955.40 $ 169,003.20 $ 177,453.36 $ 186,325.92 Police Chief Contract S Hourly $ 117.26
Bi-Weekly $ 9,380.55
Monthly $ 20,324.52
Annually $ 243,894.24
Police Lieutenant UNREP S Hourly $ 76.45 $ 80.27 $ 84.29 $ 88.50 $ 92.93 $ 97.57 Bi-Weekly $ 6,116.17 $ 6,421.98 $ 6,743.08 $ 7,080.23 $ 7,434.24 $ 7,805.96 Monthly $ 13,251.71 $ 13,914.29 $ 14,610.01 $ 15,340.50 $ 16,107.53 $ 16,912.91 Annually $ 159,020.52 $ 166,971.48 $ 175,320.12 $ 184,086.00 $ 193,290.36 $ 202,954.92 Police Officer OPOA H Hourly $ 49.68 $ 52.16 $ 54.77 $ 57.51 $ 60.38 $ 63.40 $ 66.57 Bi-Weekly $ 3,974.40 $ 4,172.80 $ 4,381.60 $ 4,600.80 $ 4,830.40 $ 5,072.00 $ 5,325.60 Monthly $ 8,611.20 $ 9,041.07 $ 9,493.47 $ 9,968.40 $ 10,465.87 $ 10,989.33 $ 11,538.80 Annually $ 103,334.40 $ 108,492.80 $ 113,921.60 $ 119,620.80 $ 125,590.40 $ 131,872.00 $ 138,465.60 Police Records Assistant UNREP H Hourly $ 28.74 $ 30.18 $ 31.69 $ 33.27 $ 34.94 Bi-Weekly $ 2,299.20 $ 2,414.40 $ 2,535.20 $ 2,661.60 $ 2,795.20 Monthly $ 4,981.60 $ 5,231.20 $ 5,492.93 $ 5,766.80 $ 6,056.27 Annually $ 59,779.20 $ 62,774.40 $ 65,915.20 $ 69,201.60 $ 72,675.20 Police Records Supervisor UNREP S Hourly $ 41.85 $ 43.94 $ 46.14 $ 48.45 $ 50.87 Bi-Weekly $ 3,348.13 $ 3,515.54 $ 3,691.32 $ 3,875.88 $ 4,069.68 Monthly $ 7,254.29 $ 7,617.01 $ 7,997.86 $ 8,397.75 $ 8,817.65 Annually $ 87,051.48 $ 91,404.12 $ 95,974.32 $ 100,773.00 $ 105,811.80 Police Sergeant OPOA H Hourly $ 62.46 $ 65.58 $ 68.87 $ 72.31 $ 75.92 $ 79.71 Bi-Weekly $ 4,996.80 $ 5,246.40 $ 5,509.60 $ 5,784.80 $ 6,073.60 $ 6,376.80 Monthly $ 10,826.40 $ 11,367.20 $ 11,937.47 $ 12,533.73 $ 13,159.47 $ 13,816.40 Annually $ 129,916.80 $ 136,406.40 $ 143,249.60 $ 150,404.80 $ 157,913.60 $ 165,796.80 804
Position Unit Hourly/Salary Frequency Step 00 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 City of Oakley
Master Salary Schedule
All Positions
Effective July 07, 2024*
Police Services Assistant UNREP H Hourly $ 32.21 $ 33.82 $ 35.51 $ 37.28 $ 39.15 Bi-Weekly $ 2,576.80 $ 2,705.60 $ 2,840.80 $ 2,982.40 $ 3,132.00 Monthly $ 5,583.07 $ 5,862.13 $ 6,155.07 $ 6,461.87 $ 6,786.00 Annually $ 66,996.80 $ 70,345.60 $ 73,860.80 $ 77,542.40 $ 81,432.00 Property & Evidence Technician UNREP S Hourly $ 34.75 $ 36.49 $ 38.31 $ 40.23 $ 42.24 Bi-Weekly $ 2,780.00 $ 2,919.20 $ 3,064.80 $ 3,218.40 $ 3,379.20 Monthly $ 6,023.33 $ 6,324.93 $ 6,640.40 $ 6,973.20 $ 7,321.60 Annually $ 72,280.00 $ 75,899.20 $ 79,684.80 $ 83,678.40 $ 87,859.20 Public Works Director/City Engineer UNREP S Hourly $ 87.77 $ 92.16 $ 96.77 $ 101.61 $ 106.69 Bi-Weekly $ 7,021.81 $ 7,372.91 $ 7,741.55 $ 8,128.62 $ 8,535.06 Monthly $ 15,213.93 $ 15,974.63 $ 16,773.36 $ 17,612.02 $ 18,492.62 Annually $ 182,567.16 $ 191,695.56 $ 201,280.32 $ 211,344.24 $ 221,911.44 Public Works Inspector UNREP H Hourly $ 43.49 $ 45.67 $ 47.95 $ 50.35 $ 52.87 Bi-Weekly $ 3,479.20 $ 3,653.60 $ 3,836.00 $ 4,028.00 $ 4,229.60 Monthly $ 7,538.27 $ 7,916.13 $ 8,311.33 $ 8,727.33 $ 9,164.13 Annually $ 90,459.20 $ 94,993.60 $ 99,736.00 $ 104,728.00 $ 109,969.60 Public Works Maintenance Foreman UNREP H Hourly $ 36.75 $ 38.59 $ 40.53 $ 42.54 $ 44.68 Bi-Weekly $ 2,940.00 $ 3,087.20 $ 3,242.40 $ 3,403.20 $ 3,574.40 Monthly $ 6,370.00 $ 6,688.93 $ 7,025.20 $ 7,373.60 $ 7,744.53 Annually $ 76,440.00 $ 80,267.20 $ 84,302.40 $ 88,483.20 $ 92,934.40 Public Works Maintenance Manager UNREP S Hourly $ 62.52 $ 65.65 $ 68.93 $ 72.37 $ 75.99 Bi-Weekly $ 5,001.62 $ 5,251.69 $ 5,514.28 $ 5,790.00 $ 6,079.50 Monthly $ 10,836.84 $ 11,378.67 $ 11,947.61 $ 12,544.99 $ 13,172.24 Annually $ 130,042.08 $ 136,544.04 $ 143,371.32 $ 150,539.88 $ 158,066.88 Public Works Maintenance Supervisor UNREP S Hourly $ 47.84 $ 50.24 $ 52.75 $ 55.39 $ 58.15 Bi-Weekly $ 3,827.52 $ 4,018.90 $ 4,219.84 $ 4,430.84 $ 4,652.38 Monthly $ 8,292.97 $ 8,707.62 $ 9,142.99 $ 9,600.15 $ 10,080.15 Annually $ 99,515.64 $ 104,491.44 $ 109,715.88 $ 115,201.80 $ 120,961.80 Public Works Maintenance Worker UNREP H Hourly $ 33.01 $ 34.66 $ 36.39 $ 38.21 $ 40.12 Bi-Weekly $ 2,640.80 $ 2,772.80 $ 2,911.20 $ 3,056.80 $ 3,209.60 Monthly $ 5,721.73 $ 6,007.73 $ 6,307.60 $ 6,623.07 $ 6,954.13 Annually $ 68,660.80 $ 72,092.80 $ 75,691.20 $ 79,476.80 $ 83,449.60 Recreation & Events Coordinator UNREP H Hourly $ 33.49 $ 35.16 $ 36.92 $ 38.77 $ 40.71 Bi-Weekly $ 2,679.20 $ 2,812.80 $ 2,953.60 $ 3,101.60 $ 3,256.80 Monthly $ 5,804.93 $ 6,094.40 $ 6,399.47 $ 6,720.13 $ 7,056.40 Annually $ 69,659.20 $ 73,132.80 $ 76,793.60 $ 80,641.60 $ 84,676.80 Recreation Manager UNREP S Hourly $ 55.19 $ 57.95 $ 60.85 $ 63.89 $ 67.09 Bi-Weekly $ 4,415.29 $ 4,636.05 $ 4,867.86 $ 5,111.25 $ 5,366.81 Monthly $ 9,566.46 $ 10,044.78 $ 10,547.02 $ 11,074.38 $ 11,628.09 Annually $ 114,797.52 $ 120,537.36 $ 126,564.24 $ 132,892.56 $ 139,537.08 805
Position Unit Hourly/Salary Frequency Step 00 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 City of Oakley
Master Salary Schedule
All Positions
Effective July 07, 2024*
Senior Planner UNREP S Hourly $ 58.67 $ 61.61 $ 64.69 $ 67.92 $ 71.32 Bi-Weekly $ 4,693.81 $ 4,928.50 $ 5,174.93 $ 5,433.67 $ 5,705.36 Monthly $ 10,169.93 $ 10,678.42 $ 11,212.35 $ 11,772.96 $ 12,361.61 Annually $ 122,039.13 $ 128,141.09 $ 134,548.14 $ 141,275.55 $ 148,339.33 Senior Permit Technician UNREP H Hourly $ 36.86 $ 38.71 $ 40.64 $ 42.68 $ 44.81 Bi-Weekly $ 2,948.80 $ 3,096.80 $ 3,251.20 $ 3,414.40 $ 3,584.80 Monthly $ 6,389.07 $ 6,709.73 $ 7,044.27 $ 7,397.87 $ 7,767.07 Annually $ 76,668.80 $ 80,516.80 $ 84,531.20 $ 88,774.40 $ 93,204.80 *Effective July 5, 2024 at Noon for staff on 9/80 schedule. **Per contract is effective July 1, 2024 City Council Member Effective 07/01/24-12/09/24 Elected Monthly $ 456.75 City Council Member Effective 12/10/24 Elected Monthly $ 800.00 Police Service Assistant Part Time H Hourly $ 32.21 $ 39.15 Recreation Leader Part Time H Hourly $ 17.88 $ 21.74
Recreation Aide Part Time H Hourly $ 16.25 $ 19.77
Senior Recreation Leader Part Time H Hourly $ 19.67 $ 22.39 Police Officer Trainee Seasonal H Hourly $ 38.00
Recreation Leader Seasonal H Hourly $ 17.88 $ 20.35
Recreation Aide Seasonal H Hourly $ 16.25 $ 18.50
Senior Recreation Leader Seasonal H Hourly $ 19.67 $ 22.39 806
Senior Planner
Senior Planner 1
Classification: Regular Full-Time
FLSA Designation: Exempt
Department: Community Development
Last Updated: May 2024
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 direction, administers complex current and advance planning activities, including serving as project manager for multifaceted development applications and special projects; administers specified activities in such areas as zoning, advance planning, community outreach, and environmental impact studies, protection, and compliance; performs complex professional planning activities,; provides professional information and assistance to the Community Development Director, the Planning Commission, the City Council, consultants, developers, contractors and the general public; performs a variety of studies, prepares and presents staff reports; serves as liaison to review committees; and performs related work as required.

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.
• Serves as project manager for multiple complex current and/or long-range planning projects and special planning studies including: community plans involving extensive outreach efforts, in-depth application and plan review; projects that address housing element goals; preparing legal notices; posting notices on sites; aiding the City in meeting the requirements of recent State Legislation, background research; preparing staff reports; attending public hearings and making presentations; monitoring implementation measures and conditions of approval; checking submittals for building plan check; and inspecting development and capital improvement sites at the beginning and upon completion of the project.
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• Reviews applications for residential, commercial, and industrial development; evaluates alternatives and conformance with City policies, ordinances, the General Plan, and state and federal laws; prepares and presents staff reports to the Planning Commission and City Council regarding such applications. • Reviews project applications and plans submitted for Planning Commission and City Council considerations at public hearings.
• Serves as project manager for complex planning projects including analyzing and evaluating site and architectural plans, performing technical review for project plans and applications, and making recommendations. • Serves as staff liaison for review boards, ad-hoc committees, and elected officials, including providing technical advice and giving presentations. • Manages consultant contacts including providing communication and direction, determining scope of work and budgets, tracking budgets, and approving contract payments.
• Supervises professional, technical and support staff, including determining workloads and schedules; developing and interpreting policies and procedures, effectively evaluating staff performance; and making hiring and termination recommendations.
• Updates and creates long-range planning documents such as the City's General Plan and other assigned plans; prepares modifications to specific General Plan elements.
• Reviews applications for zoning variances and other occupancies for conformance to applicable ordinances and policies.
• Prepares written project analysis including identifying appropriate land use policy, design issues, and environmental requirements; makes recommendations for action.
• Confers with and provides information to property owners, contractors, developers, engineers, architects, and the public regarding conformance to standards, plans specifications and codes; explains codes, requirements and procedures and evaluates alternatives on an on-call basis multiple times a week.
• Conducts site inspections including determining if projects are in compliance with laws, regulations and ordinances; makes recommendations on changes. • May plan, prioritize, assign, supervise, and review the work of assigned staff; train staff, evaluate employee performance, counsel employees, and effectively recommend initial disciplinary action; assists in selection and promotion.
• Serves as lead staff and City representative on items such as Housing Element implementation and updates, AB 939/SB 1383 Manager duties, and other county-wide and regional groups often representative by Planning Staff of respective cities.
• Performs other duties as assigned.
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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.

Knowledge of:
• Modern principles, practices, and technical and legal issues of urban and regional planning, zoning, urban economics, demographics, and environmental planning and program management.
• Geographic, socio-economic, transportation, political, environmental, and other elements related to city planning.
• Comprehensive plans and current planning processes and the development process.
• Site planning and architectural design principles.
• General concepts of architecture, landscaping, grading, drainage, traffic, and transportation engineering as they relate to the process of urban planning. • Operational characteristics, services, and activities of a comprehensive environmental planning program.
• Applicable Federal, State, and local laws, rules, regulations, ordinances, and organizational policies and procedures relevant to assigned area of responsibility.
• Project management and contract administration principles and techniques. • Research and reporting methods, techniques, and procedures. • Recent developments, current literature, and sources of information related to planning, zoning, and environmental review.
• Modern office practices, methods, and computer equipment and applications, including computer hardware and software necessary for graphic presentation, mapping, and database management.
• Practices of researching planning and land use issues, evaluating alternatives, making sound recommendations, and preparing and presenting effective staff reports.
• Principles of advanced mathematics and their application to planning work. • Methods and techniques of effective technical report preparation and presentation.
• English usage, grammar, spelling, vocabulary, and punctuation. • Techniques for effectively representing the City in contacts with governmental agencies, community groups, various business, professional, educational, and regulatory organizations, and with property owners, developers, contractors, and the public.
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• Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.

Ability to:
• Interpret and explain planning and zoning programs to the general public; identify and respond to issues and concerns of the public, City Council, and other boards and commissions.
• Read plans and specifications and make effective site visits. • Assess, monitor, and report environmental impact on and of various City programs and services.
• Analyze site design, terrain constraints, land use compatibility, utilities, and other urban services.
• Conduct complex research projects, evaluate alternatives, and make sound recommendations.
• Interpret, apply, explain, and ensure compliance with applicable Federal, State, and local laws, rules, regulations, policies, and procedures, and City planning policies and procedures.
• Read and understand technical drawings and specifications. • Perform mathematical and planning computations with precision. • Effectively represent the department and the City in meetings with governmental agencies, community groups, and various businesses, professional, and regulatory organizations, and individuals. • Coordinate assigned activities with other City departments and agencies as required.
• Direct the work of contract consultants.
• Prepare and present clear, concise, and logical written and oral reports, correspondence, policies, procedures, and other written materials. • Establish and maintain a variety of filing, record-keeping, and tracking systems.
• Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines.
• Operate office equipment including computer applications related to the work. • Use English effectively to communicate in person, over the telephone, and in writing.
• Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
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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 and Training: A bachelor’s degree from an accredited college or university with major course work in urban or regional planning or a related field.

Experience: Two (2) years of responsible, professional urban or regional planning and zoning experience in a local government at a level comparable to an Associate Planner.

Licenses and Certificates: Possession of an appropriate driver’s license or ability to obtain upon hire.

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. The City will engage in a timely, good faith interactive process to identify reasonable accommodations to enable qualified individuals 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.

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.
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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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STAFF REPORT
1 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: June 11, 2024
TO: Hon. Mayor and Members of the City Council
FROM: Derek Cole, City Attorney
SUBJECT: Adopt a Resolution Approving the Third Amendment to Employment Agreement Between the City of Oakley and Joshua McMurray Background and Analysis
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 Employment Agreement has been twice amended.

The First Amendment increased the City Manager salary to $277,750. The Second Amendment provides for automatic, two-year extensions of the Agreement on July 1 of each year, unless the City Council elects not to provide for renewal by June 1.

A Third Amendment to the Employment Agreement is proposed and would become effective July 1, 2024. It would amend the Agreement to provide for:

1. A 5% increase in the City Manager’s salary to $291,375; and

2. An increase in the City Manager’s severance pay to 9 months, with a right to earn one additional month per year, upon a favorable evaluation, up to a cap of 12 months of severance.

Consistency with the Oakley Strategic Plan 27+
The proposed action is consistent with the Sustainable Organization Goal.

Fiscal Impact
The total fiscal impact for a 5% pay increase is $17,808 annually. A 3% increase was assumed in the fiscal year 2024/25 budget document. If this item is approved, staff recommends a budget amendment of $7,125 for fiscal year 2024/25. This will be funded by the General Fund.

Staff Recommendation
The City Council may adopt the Resolution Approving the Third Amendment to the Employment Agreement Between the City of Oakley and Joshua McMurray.

Attachments

1. Resolution Approving Third Amendment to Employment Agreement

2. Third Amendment to Employment Agreement
Approved and
Forwarded to the
City Council
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Resolution No. XX-24 Page 1 of 1
RESOLUTION NO. X-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY

AUTHORIZING THE EXECUTION OF THE THIRD 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 a Third Amendment to the City Manager’s Employment Agreement to provide that the City Manager’s salary shall increase to $291,375 and that City Manager shall receive one additional month of severance beginning on July 1, 2025, with a right to receive up to three additional months of severance upon future favorable annual evaluations.

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 Third Amendment to the Employment Agreement Between the City of Oakley and Joshua McMurray, in the form as attached as Attachment A to this Resolution.

PASSED AND ADOPTED by the City Council of the City of Oakley this 11th day of June 2024 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
__________________
Anissa Williams, Mayor
ATTEST:
___________________ __________________
Libby Vreonis, City Clerk Date
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THIRD AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF OAKLEY AND JOSHUA McMURRAY
This Third Amendment (“Third Amendment”) to the Employment Agreement between the City of Oakley and Joshua McMurray (“Manager”), dated November 10, 2021 (“Employment Agreement”), is entered into and effective on July 1, 2024. The Employment Agreement shall be amended as set forth below. All other terms of the Employment Agreement (and its previous amendments) not amended shall remain the same as stated.

1. Section 7.A to the Employment Agreement is amended to read as follows (amendments shown in bold text):
“Manager’s annual base salary shall be Two-Hundred Ninety-One Thousand, ThreeHundred Seventy-Five Dollars ($291,375) 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.”

2. Section 6.A to the Employment Agreement is amended to read as follows (amendments shown in bold text):
“If City terminates this Agreement (thereby terminating Manager's employment without Cause, as determined by the affirmative votes of a majority of the members of the City Council at a Regular Meeting of the City Council, and if Manager signs, delivers to the City Council, and does not revoke, a General Release Agreement ("Release Agreement"), City shall pay Manager a lump sum benefit equal to nine (9) months of Manager's then Base Salary; and, subject to any restrictions of the City's Medical benefit provider(s) shall provide health (medical, dental, and vision) benefits continuing under the health benefit plans in which Manager and any dependents are then enrolled for nine (9) months or until the Manager finds other employment, whichever comes first (the cash payment and continuing benefits, collectively "Severance"). On July 1, 2025, and on any July 1 thereafter, Manager shall receive one (1) additional month of Severance following a positive annual evaluation in accordance with Section 7.B until the total of twelve (12) months of Severance has been reached, from which time Manager’s Severance shall be capped at twelve (12) months.

Notwithstanding the foregoing, and in accordance with Government Code section 53260, if the remaining term of Manager's Agreement is less than six (6) months, the maximum Severance that Manager may receive shall be an amount equal to Manager's monthly salary multiplied by the number of months left on the unexpired term of the Agreement.”
[Signatures on next page]
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Joshua McMurray Anissa Williams
City Manager Mayor
Approved as to Form:

Derek P. Cole
City Attorney
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STAFF REPORT

City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: June 11, 2024
TO: City Council
FROM: Joshua McMurray, City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to execute the Sixth Amendment to the Agreement with Cole Huber LLP for City Attorney Services.

Summary and Background
In November of 2009 the City Council approved and issued a Request for Proposals (RFP) for City Attorney services. Five proposals were received and reviewed by the City Council and City Staff. Through the review process the City Council determined that the law firm of Cota Cole, LLP would best meet the needs of the City and entered into a one-year agreement with the firm effective February 1, 2010. The First Amendment to the Agreement was approved in 2011 that extended the agreement to 2013 at which time a Second Amendment was approved. The Third Amendment was approved in April of 2018, including the firm name changing to Cole Huber, LLP.

The Fourth Amendment was approved in April 2021 and extended the agreement to June 30, 2024. A Fifth Amendment was approved in August 2022, which added in employment services.

The proposed Sixth Amendment would extend the contractual arrangement between the City and now Cole Huber LLP through June 30, 2027, however, this extension does not affect the City Council's right to terminate the agreement sooner, as provided in the original agreement. The Sixth Amendment would increase the compensation each year of the term of the Agreement beginning July 1st of this year. This agreement includes services required for the Planning Commission.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Sustainable Organization Goal that points to the City addressing staffing limitations by hiring, contracting, or prioritizing programs, projects, and initiatives to scale appropriately.

Fiscal Impact
If approved, effective July 1, 2024, the retainer for all customary City Attorney services, identified as "Retainer Services", would be $192,000 for Fiscal Year 2024-25; $198,000 for Fiscal Year 2025-26, and $204,000 for Fiscal Year 2026-27.

Approved and
Forwarded to the
City Council
817

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US “Litigation” and “Employment” services shall be billed at the rate of $300 per hour for attorneys and $180 per hour for paralegals.
“Special” services, which shall continue to include Pitchess Motions and Gun Seizures, shall be billed at $250 per hour for attorneys and $160 per hour for paralegals.

Staff Recommendation
Adopt the Resolution authorizing the City Manager to execute the Sixth Amendment to the Agreement with Cole Huber LLP for City Attorney Services.

Attachments

1. Resolution

2. Proposed Sixth Amendment to the Agreement

3. Approved Fifth, Fourth, Third, Second and First Amendments and the Original Agreement for City Attorney Services dated February 1, 2010 818
RESOLUTION NO. XX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY

AUTHORIZING THE CITY MANAGER TO EXECUTE THE SIXTH AMENDMENT

TO THE AGREEMENT WITH COLE HUBER LLP FOR CITY ATTORNEY

SERVICES
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 the Sixth Amendment (an exact copy of which is attached hereto as Exhibit A) to the agreement with Cole Huber LLP for City Attorney services dated February 2, 2010.

PASSED, APPROVED AND ADOPTED this 11th day of June, 2024 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
__________________________
Anissa Williams, Mayor Date
ATTEST:
__________________________ _
Libby Vreonis, City Clerk Date
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4854-4643-7308.1

SIXTH AMENDMENT

TO AGREEMENT BETWEEN THE CITY OF OAKLEY

AND COLE HUBER LLP FOR CITY ATTORNEY SERVICES
THIS SIXTH AMENDMENT to the February 1, 2010 AGREEMENT for CITY ATTORNEY SERVICES (hereinafter referred to as “City Attorney Agreement”) is entered into this ____ day of May, 2024 by and between the City of Oakley, a municipal corporation (hereinafter called “CITY”), and Cole Huber LLP (previously known as Cota, Cole & Huber LLP and Cota Cole LLP) (hereinafter referred to as “Attorney”).

The effective date of this Agreement is July 1, 2025.

1. Section 1.1 of the City Attorney Agreement is modified as follows: The term of the City Attorney Agreement is extended to June 30, 2027. This extension shall not affect the City’s right to terminate the City Attorney agreement sooner, as provided in Section 7 of that Agreement.

2. Effective July 1, 2024, Exhibit B of the City Attorney Agreement is modified as follows:

A. The retainer for all customary City Attorney services, identified as “Retainer Services,” shall be $192,000 for Fiscal Year 2024-25, $198,000 for Fiscal Year 2025-26, and $204,000 for Fiscal Year 2026-27. For purposes of this Exhibit B, the “Retainer Services” shall include all services related to Attorney’s advice to and attendance to the Planning Commission.

B. “Litigation” and “Employment” services shall be billed at the rate of $300 per hour for attorneys and $180 per hour for paralegals.

C. “Special” services, which shall continue to include Pitchess Motions and Gun Seizures, shall be billed at $250 per hour for attorneys and $160 per hour for paralegals.

2. Except as provided above, all terms, conditions, and obligations of the City Attorney Agreement, the First Amendment approved in 2011, the Second Amendment approved in 2013, the Third Amendment approved in 2018, the Fourth Amendment approved in 2021, and the Fifth Amendment approved in 2022, shall remain in effect for the duration of the Agreement.

CITY ATTORNEY
City of Oakley, a municipal corporation Cole Huber LLP, a California in the State of California limited liability partnership By: By:

Joshua McMurray, City Manager Derek P. Cole, Managing Partner Attest:

Libby Vreonis, City Clerk
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STAFF REPORT

City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: June 11, 2024
TO: City Council
FROM: Joshua McMurray, City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a Joint Use Agreement and Side Agreement between the City of Oakley and the Oakley Union Elementary School District
Background and Summary
Prior to City incorporation, Contra Costa County and the Oakley Union Elementary School District jointly funded and developed school grounds for the benefit of the public and community in order to ensure the Oakley area had sufficient park facilities. In September 2002, the City Council approved a joint use agreement to continue that arrangement that existed prior to incorporation. That agreement was retroactive back to July 1, 2000. In principle, the agreement outlined the City and District use of facilities while also specifically outlining areas that the City was to reimburse the District for maintenance, at a cost of $150,000 per year. Those areas included the park area at Gehringer Elementary, the park and playground area at Oakley Elementary, the Park and playground area at O’Hara Middle School and the park and playground area of Vintage Parkway Elementary.

Over the years, this agreement has been the topic of many conversations as the upkeep of some of the facilities have declined and, more recently, become unusable do to deferred maintenance. The City and the District engaged in more recent discussions last year with the goal of coming up with a new agreement that would meet the current needs of both parties. This is critical in that the current agreement, if not amended, would auto renew on June 30, 2025 for a new 25 year term.

It should also be pointed out that the City has a Council appointed subcommittee made up of Mayor Anissa Williams and Councilmember Aaron Meadows. This subcommittee has met twice since the beginning of 2023 with the District’s subcommittee made up of Trustee’s Sherry Seat and Lynell Fuller to discuss the agreement.

Analysis
The City and the District worked on a new agreement that would memorialize the use of each entities respective facilities as well as spell out the maintenance obligations and associated costs. As this new agreement was drafted, it was approached with the understanding that things are much different today than almost 25 years ago.

One of the biggest differences is the number of parks the City currently owns, Approved and
Forwarded to the
City Council
864

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US operates and maintains. As of right now, the City owns 37 beautifully maintained parks. In the near future, the City will also bring on several new parks including the Rico Cinquini Park, the Dal Porto Park in Summer Lake North, the Cypress Crossing Park and a few other smaller parks associated with subdivisions that are either starting to break ground or will later this year. The City has also constructed a new playground at the Civic Center campus, which is only a block away from the existing playground at Oakley Elementary. All that is to say there are facilities that exist now, that didn’t when the original agreement was entered into. It should also be noted that in general, the current agreement places all of the responsibility of maintenance at the four sites on the District since they are District owned facilities. This new agreement recognizes that in certain areas, there is a desire to keep and enhance the facilities while in other areas, there is a desire to reposition how those areas are used and maintained.

The new agreement has several key terms as follows:
 The agreement includes a 5-year term that can be extended an additional 2 years as long as the District makes a determination of noninterference as required by Education Code section 17529.
 Outlines the joint use of both City and District sites, including that both parties would be permitted to waive the fees associated with such use.  Outlines the process for either party to reserve the other parties’ respective facilities.
 Outlines the maintenance responsibilities of both the City and the District with respect to their own facilities.
 Outlines the maintenance responsibilities of both the City and the District with respect to the joint use facilities.
o The two facilities described in the agreement to be jointly maintained are the O’Hara Middle School park and playground areas and the Vintage Parkway Elementary park and playground areas.
o The District is responsible for maintaining the landscaping of field areas and associated landscaping.
o The City is responsible for maintaining the playgrounds and other hardscape areas/structures.
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STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US  The City will be responsible for updating the playground at O’Hara Park Middle School, removing the play structure at Oakley Elementary and removing the existing structure at Vintage Parkway Elementary and installing a new play structure.
 The District will be providing the City a one time payment of $223,131 as compensation to participate in the work described in the previous bullet. This payment is memorialized in the attached Joint Use Side Agreement.  The City will compensate the District for the maintenance of the landscape and field areas at O’Hara Park Middle School and Vintage Parkway Elementary at a rate of $75,000 per year.

As the terms above describe the overall structure of the agreement, there are a few points that deserve additional discussion. First, the existing playground at Vintage Parkway Elementary is unusable and has been secured with a fence by the District.

The facility needs a completely new play structure to properly serve the surrounding Vintage Parkway area. Staff looks at this as a critical need to that specific area of the City that lacks a true neighborhood park. This agreement will allow the City to demolish and replace the play structure in the future. It is anticipated that during the mid-year budget discussion in February of 2025, Staff will address that with a new Capital Improvement Program project. It is also anticipated that the project would be funded with most of the one-time payment from the District and the City will address any additional funding needed at the time the mid-year budget is presented.

The second point addresses the site at Oakley Elementary. This play structure is also unusable and has been secured with a fence by the District to ensure it isn’t used. That play structure will be demolished and the site secured by the District until they figure out what, if anything, they do with that area. Staff does not recommend the City participate with any funding or other means to enhance the area as the City has recently constructed the new play structure at Civic Center Park, which is a short 550 feet from the current structure. This agreement recognizes that the Oakley Elementary field area is the full responsibility of the District. That same arrangement would be true for the field area at Gehringer Elementary.

The proposed agreement addresses the current situation by thoughtfully separating out the maintenance of the landscape and ballfield areas from the playground/play structure areas. It also re-addresses the compensation for the maintenance of these areas to better align with current conditions. Lastly, it retains the ability for each party to reserve and use the other parties’ facilities, which is important and helps maximize the benefit to the community.
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STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 4
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Community and Collaborative Partnerships Goal, specifically the Collaborative Partnerships Objectives that point to re-visiting agreements with shared facilities and public access.

Fiscal Impact
The agreement would commit the City to compensating the District $75,000 over the next five years, with an additional 2 year extension possible. The City estimates the maintenance of the two play structures at Vintage Parkway Elementary and O’Hara Park Middle School to be at approximately $3,000 a year. The City Zone 1 LAD will cover the cost of these two items.

The District is compensating the City with a one-time payment of $223,131 that will be used to go towards the demolition of the playground at Oakley Elementary, the demolition and new construction of a play structure at Vintage Parkway Elementary, and fixing the current play structure at O’Hara Park Middle School.

Staff Recommendation
Adopt the Resolution authorizing the City Manager to execute the Joint Use Agreement and Side Agreement between the City of Oakley and the Oakley Union Elementary School District
Attachments

1. Resolution

2. Proposed Joint Use Agreement between the City of Oakley and the Oakley Union Elementary School District

3. Proposed Joint Use Side Agreement between the City of Oakley and the Oakley Union Elementary School District
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RESOLUTION NO. XX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY

AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT USE AGREEMENT

AND SIDE AGREEMENT BETWEEN THE CITY OF OAKLEY AND THE OAKLEY

UNION ELEMENTARY SCHOOL DISTRICT
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 a Joint Use Agreement and Side Agreement between the City of Oakley and the Oakley Union Elementary School District.

PASSED, APPROVED AND ADOPTED this 11th day of June, 2024 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
__________________________
Anissa Williams, Mayor Date
ATTEST:
__________________________ _
Libby Vreonis, City Clerk Date
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JOINT USE AGREEMENT BETWEEN OAKLEY UNION ELEMENTARY SCHOOL DISTRICT AND THE

CITY OF OAKLEY OAKLEY
THIS JOINT USE AGREEMENT (“Agreement”) is made and entered into this ________ day of ___________, 2024 (“Effective Date”), by and between OAKLEY UNION ELEMENTARY SCHOOL DISTRICT, a California public school district (“District”) and the CITY OF OAKLEY, a municipal corporation of the State of California ("City"). District and City may be individually referred to herein as a “Party” or collectively referred to herein as “Parties.”

RECITALS
A. WHEREAS, District is the owner of certain real property as set forth in Exhibit “1,” located within the District (“School Sites”); and
B. WHEREAS, the City is the owner of certain real property as set forth in Exhibit “2” located within the City of Oakley(“City Sites”); and
C. WHEREAS, the provisions of Education Code sections 10900 through 10914.5, inclusive, (the “Community Recreation Act”) authorize and empowers cities and public school districts to cooperate with one another for the purpose of authorizing, promoting and conducting programs of public services which will contribute to the attainment of general recreational and educational objectives for children and adults of the state, and to enter into agreements with each other for such purposes; and D. WHEREAS, the District and City’s joint use of the recreational and educational facilities located on the School Sites and City Sites will provide a benefit to the students who attend the schools and to City’s residents,

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this agreement, the Parties agree as follows:

1. TERM OF AGREEMENT. The “Term” of this Agreement shall be for five (5) years commencing on Effective Date, and shall remain in effect until June 30, 2029, and shall continue from year to year unless terminated earlier pursuant to the termination provisions set forth in this Agreement. This agreement shall supersede and replace any joint use facility or parks agreement established prior to the aforementioned effective date.

1.1. Option to Extend. Upon the District’s determination of noninterference as required by Education Code section 17529, the term of the Agreement may be extended an additional two (2) year term.
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2. JOINT USE OF SITES.

2.1. District School Sites:

2.1.1. District’s Use. The District’s use of the buildings, grounds, educational, and recreational facilities located on the School Sites for any purpose shall take precedence and priority over the City’s or any other person’s or entity’s use. “District’s Use” includes use of the District facilities, without limitation:

2.1.1.1. Use during any time when school is in session, including Summer School. Summer School is generally housed at one or two school sites in the District from the second week of June through the second week of July. The hours of Summer School are 8:00 am - 5:00 pm;

2.1.1.2. Use during any time that has been scheduled in advance by the various school principals or other school officers for classes, activities, exercises, or functions; and

2.1.1.3. Use during any time when the District has permitted another person or entity to use the District facilities for specific event(s) or activity(ies). City acknowledges and agrees that District may have existing, pre-scheduled use that cannot be re-scheduled to accommodate City’s use. In this event, City shall have second priority behind the existing and pre-scheduled use.

2.1.2. City’s Use. The City may use the District facilities when such use does not conflict with the District’s Use. City’s right of use shall be non-exclusive.

2.1.2.1. City’s use of the District facilities shall be pursuant to the District’s Board policy pertaining to the use of the District facilities (“BP 1330 and AR 1330”). A copy of the District Board Policy and Administrative Regulation is attached hereto as Exhibit “3”.

2.1.2.2. City shall schedule its use of the District facilities using the District’s current facilities scheduling software.

2.1.3. Use Fees. City shall be designated as a "District Expanded/ Group 1," permitting the District to waive the fee for the use of District owned parks and facilities for organizations providing programs that directly support our students and families. This includes use of all District school sites, to include the Multipurpose Room (MPR), Library, Playfields, and Playyards. 870

2.1.4. Closure of District Facilities. The Parties recognize that the District facilities may need to be closed from time to time in the interest of public safety or for repairs and maintenance. District shall notify the City of any conditions necessitating a closure of the District facilities or any portion thereof. If possible, notification of the closure shall be provided at least seventy-two (72) hours in advance of the closure.

2.2. City Sites:

2.2.1. City Use. The City’s use of the buildings, grounds, educational, or recreational facilities located on the City Sites for any purpose shall take precedence and priority over the District’s or any other person’s or entity’s use. “City’s Use” includes use of the facilities, without limitation:

2.2.1.1. Use during any time when a scheduled recreation program is in session;

2.2.1.2. Use during any time that has been scheduled in advance by City staff for classes, activities, exercises, or functions; and

2.2.1.3. Use during any time when the City has permitted another person or entity to use the City facilities for specific event(s) or activity(ies).

District acknowledges and agrees that City may have existing, pre-scheduled use that cannot be re-scheduled to accommodate District’s use. In this event, District shall have second priority behind the existing and pre-scheduled use.

2.2.2. District’s Use. The District may use the City facilities when such use does not conflict with the City’s Use. District’s right of use shall be non-exclusive.

2.2.2.1 District’s use of the City facilities shall be pursuant to the City’s existing rules and regulations pertaining to the use of the City facilities (“City Use Rules”). A copy of the City Use Rules is attached hereto as Exhibit “4”.

2.2.3. Use Fees. District shall be designated as a "Group 3 Community Partner" permitting the City to waive the for the use of City owned parks and facilities for a community organization for programs that benefit the community. This includes use of the Oakley Recreation Center, the City Hall Board Room, and 871
Creekside Park, Crockett Park, Ron Nunn Wilson Park, and Summer Lake Park.

2.2.4. Closure of City Facilities. The Parties recognize that the City facilities may need to be closed from time to time in the interest of public safety or for repairs and maintenance. City shall notify the District of any conditions necessitating a closure of the City facilities or any portion thereof. If possible, notification of the closure shall be provided at least seventy-two (72) hours in advance of the closure.

3. USE OF THE PARTIES’ FACILITIES

3.1. Priority of Scheduling Use. Facility usage assignments will be based upon the following priorities for City and District facilities. Third, fourth and fifth priority uses shall not be scheduled until first and second priorities are set and shall not interfere with the City and/or District scheduled activities. Third, fourth and fifth priority users shall be required to adhere to the directions set forth in Section 3.2 with regards to requesting use of City and/or District facilities. City and District staff will make reasonable efforts to meet the needs of these users.

3.1.1. City Facilities

3.1.1.1. Programs administered or co-sponsored by the City

3.1.1.2. Programs administered or co-sponsored by the District

3.1.1.3. Resident youth groups

3.1.1.4. Non-resident youth groups

3.1.1.5. Adult groups

3.1.2. District Facilities

3.1.2.1. Programs administered or co-sponsored by the District

3.1.2.2. Programs administered or co-sponsored by the City

3.1.2.3. Resident youth groups

3.1.2.4. Non-resident youth groups

3.1.2.5. Adult groups

3.2. Process to Request/Schedule Facility Use. The Parties shall follow the following process in scheduling each Party’s use of the other Party’s facilities:

3.2.1. City staff is responsible for scheduling City facilities.

3.2.2. District staff is responsible for scheduling District facilities.

3.2.3. City will submit City requests for use of the District facilities via Facilitron.
872

3.2.4. District will submit requests for use of the City facilities to City staff.

3.2.5. Designated City and District staff will review each Party’s requests and will make reasonable efforts to accommodate requests based on priority listing and facility availability.

3.2.6. All users are required to complete appropriate District or City permit forms and meet insurance requirements set by the District and City as outlined in Exhibits C and D respectively in order to request use of District and/or City facilities.

3.2.7. Non-City and non-District users will be scheduled based on the priority listing, remaining facility availability and on a “first come, first served” basis.

3.3. Use Fees. All fees will be waived for joint use under this agreement.

3.4. Cancellations or Changes. In the event that a previously scheduled event needs to be cancelled, each Party shall make reasonable efforts to notify the other Party not less than ten (10) business days prior to a scheduled event to be held in a Party’s facility.

Each Party shall make reasonable efforts to ensure that cancellations occur only due to unforeseen conflicts and shall make reasonable efforts to reschedule use on/in another facility. Third, fourth and/or fifth priority users shall make reasonable efforts to notify the City or District not less than twenty (20) business days prior to a scheduled event to be held in a Party’s facility.

4. MAINTENANCE.

4.1. City Maintenance. City agrees to provide, at its own cost and expense, any and all maintenance for the City facilities. Maintenance to be provided by City shall be staffed by City’s personnel, be consistent with the normal maintenance levels as applied to other comparable City facilities and shall insure safe and healthful use. Maintenance to be provided by City shall also include payment by City, as its own cost and expense, any and all utility costs, including without limitation, electricity, water, and refuse removal costs.

4.2. District Maintenance. District agrees to provide, at its own cost and expense, any and all maintenance for the District facilities. Maintenance to be provided by District shall be staffed by District personnel, be consistent with the normal maintenance levels as applied to other comparable District schools and shall insure safe and healthful use.

Maintenance to be provided by District shall also include payment by District, as its own cost and expense, any and all utility costs, including without limitation, electricity, water, and refuse removal costs.
873

5. CUSTODIAL. Each Party agrees to provide, at its own cost and expense, any and all custodial services for their respective facilities for special, on-going uses of District or City facilities. Each Party will return utilized space in a clean and useable manner after each use which includes the removal and proper disposal of trash. If either Party fails to adhere to the provisions in this section, that Party may be charged applicable fees and billed directly as an extra cost under this Agreement.

6. REPAIRS. The Parties agree that each Party shall be responsible for any damage, injuries, or harm caused by use of the other Party’s facilities. The Party using the other Party’s facilities shall repair, or cause to be repaired, or will reimburse the Party that owns the facilities for the cost of repairing damage done to the facilities of the other Party, other than ordinary wear and tear items.

6.1. Any dispute regarding the responsibility for damages shall be resolved pursuant to the dispute resolution procedures indicated herein.

7. JOINTLY MAINTAINED FACILITIES.

7.1. The parties agree to jointly maintain and/or develop the following public use facilities that are owned by the District to meet current and future needs of the community, City, and District. A copy of the maps of the facilities are attached hereto as Exhibit “5.”

7.1. O’hara Park, 17 acres, 1100 O'Hara Ave

7.1. Vintage Park, 4 acres, 1000 Vintage Pkwy

7.2. The District will maintain the landscape of the parks and playfields. This shall include mowing all grass areas, trimming all edges along walls, sidewalks, fences, foundations, curbs, shrubs, tree trunks, poles, guy wires, or any other objects within or immediately adjacent to lawn areas. The District will also maintain any pruning of bushes, shrubs and/or trees that are within the perimeter of the park. The District will manage the irrigation system, and pest control of all parks.

7.2.1. The City will report any concern regarding the landscape of the parks and playfields immediately to the responsible party and the concern will be addressed immediately.
874

7.3. The City will update/improve and maintain the playgrounds, hardcourts, or other hardscape structures. This will include annual inspections, which will be provided to the District by June 30 of each calendar year.

7.3.1. The District will report any concern regarding the maintenance of the playgrounds, hardcourts, or other hardscape structures immediately to the City and the concern will be addressed immediately.

7.4 The City will compensate the District for the maintenance of the landscape of the parks at a rate of $75,000 per year. This compensation will be remitted to the Fiscal Services Department no later than July 30th of each year. This compensation may be renegotiated upon mutual agreement.

8. INDEMNIFICATION.

8.1. Indemnification of District. To the furthest extent permitted by California law, City shall protect, defend, indemnify and hold harmless District, and its officers, agents, representatives, consultants, employees, trustees and volunteers (“District’s Indemnified Parties”) from any and all demands, liabilities, losses, damages, injury, claims, suits, and actions (“Claims against the City”) of any kind, nature or description, including, but not limited to, personal injury, death, property damage, and consultants’ and/or attorneys’ fees and costs, directly or indirectly arising out of, connecting with or resulting from the performance of the Agreement or from any activity, work, or thing done, permitted, or suffered by the City in conjunction with this Agreement except to the extent that the Claims against the City are not caused by the negligence or willful misconduct of the District’s Indemnified Parties. The District shall have the right to accept or reject any legal representation that City proposes to defend the District’s Indemnified Parties.

8.2. Indemnification of City. To the furthest extent permitted by California law, District shall protect, defend, indemnify and hold harmless City, and its officers, agents, representatives, consultants, employees, trustees and volunteers (“City’s Indemnified Parties”) from any and all demands, liabilities, losses, damages, injury, claims, suites and actions (“Claims against the District”) of any kind, nature or description, including, but not limited to, personal injury, death, property damage, and consultants’ and/or attorneys’ fees and costs, directly or indirectly arising out of, connecting with or resulting from the performance the Agreement or from any activity, work, or thing done, permitted, or suffered by the District in conjunction with this Agreement to the extent that the Claims against the District are not caused by the negligence or willful misconduct of the City’s Indemnified Parties. The City shall have the right to accept or reject any legal representation that District proposes to defend the City’s Indemnified Parties.
875

9. INSURANCE. Each Party shall, during the Term, maintain in force the policies set forth in and required by each Party’s use permit policies. All policies, endorsements, certificates shall be subject to approval by the other Party’s Business Office as to form and content. The insurance requirements are subject to amendment or waiver if so approved in writing by both Parties. Each Party agrees to provide the other Party with a copy of said policies, certificates and/or endorsements upon execution of this Agreement.

10. TERMINATION. City or District may terminate this Agreement at any time by written notice of election to terminate delivered to the other Party at least sixty (60) days in advance of the effective termination date elected.

11. NOTICES. All notices required or permitted to be given under this agreement shall be in writing and personally delivered or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:

DISTRICT CITY
Oakley Union Elementary School District City of Oakley
91 Mercedes Lane 3231 Main Street
Oakley, CA 94561 Oakley, CA 94561
Attn: Superintendent Attn: City Manager

11.1. Notice shall be deemed effective on the date personally delivered or, if mailed, three days after deposit in the mail. Notice transmitted by facsimile shall be deemed effective on the following business day. Notice provided by overnight delivery shall be deemed effective the next business day after delivery by the overnight delivery service. The Parties may change their respective addresses for purposes of delivering notices by sending notice of such change pursuant to this paragraph.

12. ASSIGNMENT. Neither Party shall assign its rights, duties or privileges under this Agreement, nor shall either Party attempt to confer any of its rights, duties or privileges under this Agreement on any third Party, without the written consent of the other Party.

13. NON-DISCRIMINATION. Neither Party shall employ any discriminatory practices in its performance hereunder, including its employment practices, on the basis of sex, race, color, religion, national origin, ancestry, age, sexual orientation, or physical or mental disability.

14. INDEPENDENT CONTRACTOR STATUS. This Agreement is by and between two independent entities and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association.

15. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions, negotiations and agreements, whether oral or written.

This Agreement may be amended or modified only by a written instrument executed by both Parties.
876

16. VERIFICATION OF QUALIFICATIONS. Each Party shall be responsible for verifying the qualifications, credentials, certificates, and licenses of its staff, agents, consultants and/or subcontractors who may provide services in conjunction with each Party’s duties or obligations pursuant to this Agreement or the use of the facilities.

17. FACILITY SUPERVISION AND STAFFING. Each Party shall have sufficient responsible representatives present at all times at any event held on the respective Party’s facilities.

18. FINGERPRINTING AND CRIMINAL BACKGROUND INVESTIGATIONS. Each Party shall ensure compliance with the fingerprinting requirements of Education Code section 10911.5 for all employees, staff, and/or contractors who could have direct contact with minors, regardless of whether such individuals are paid or unpaid.

19. DISPUTE RESOLUTION. If a dispute arises that is related, in any way, to this, the Parties agree to attempt first to resolve the dispute through negotiations. If negotiations are unsuccessful, the Parties agree to mediate the dispute prior to initiating legal action.

20. CALIFORNIA LAW. This Agreement shall be governed by and the rights, duties and obligations of the Parties shall be determined and enforced in accordance with the laws of the State of California. The Parties further agree that any action or proceeding brought to enforce the terms and conditions of this Agreement shall be maintained in Contra Costa County, California.

21. PROHIBITED ACTIVITIES. Use of tobacco products, intoxicants, or narcotics is prohibited in or about the Party’s Recreational Facilities. Profane language, quarreling, fighting, and/or gambling is also prohibited.

22. WAIVER. The waiver by either Party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained.

23. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors, and assigns.

24. AMENDMENTS. Amendments to the terms and conditions of this Agreement shall be requested in writing by the Party desiring the revision, and any amendment to the Agreement shall only be effective upon the mutual agreement in writing of both Parties hereto.
877

25. COUNTERPARTS. This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document.

26. CAPTIONS. The captions contained in this Agreement are for convenience only and shall not in any way affect the meaning or interpretation hereof nor serve as evidence of the interpretation hereof, or of the intentions of the Parties hereto.

27. SEVERABILITY. Should any provision of this Agreement be determined to be invalid, illegal or unenforceable in any respect, such provision shall be severed and the remaining provisions shall continue as valid, legal and enforceable.

28. INCORPORATION OF RECITALS AND EXHIBITS. The Recitals and each exhibit attached hereto are hereby incorporated herein by reference.

29. APPROVAL. The Parties agree that this Agreement shall not be binding on the Parties until the Agreement is approved by the District’s Board of Education and the City Council.

IN WITNESS WHEREOF, this Agreement has been duly approved by Parties on the day and year hereinabove written.

CITY OF OAKLEY
A municipal corporation
____________________________________
Signature
____________________________________
Name, City Manager

OAKLEY UNION ELEMENTARY SCHOOL DISTRICT
A California public school district
____________________________________
Signature
____________________________________
Name, Superintendent
878
EXHIBIT “1”

DISTRICT PROPERTY

DISTRICT PROPERTY ADDRESS FACILITIES AVAILABLE
Almond Grove Elementary 5000 Amaryllis St Multi-Purpose Room, Library & Outdoor
Playyards/Playfields
Delta Vista Middle School 4901 Frank Hengel Way Multi-Purpose Room, Library & Outdoor
Playyards/Playfields
Gehringer Elementary
School
100 Simoni Ranch Rd Multi-Purpose Room,
Library & Outdoor
Playyards/Playfields
Iron House Elementary
School
4801 Frank Hengel Way Multi-Purpose Room,
Library & Outdoor
Playyards/Playfields
Laurel Elementary School 1141 Laurel Rd Multi-Purpose Room, Library & Outdoor
Playyards/Playfields
Oakley Elementary School 501 Norcross Ln Multi-Purpose Room, Library & Outdoor
Playyards/Playfields
O'Hara Park Middle School 1100 O'Hara Ave Multi-Purpose Room, Library & Outdoor
Playyards/Playfields
Summer Lake Elementary
School
4320 E Summer Lake Dr Multi-Purpose Room,
Library & Outdoor
Playyards/Playfields
Vintage Parkway
Elementary School
1000 Vintage Pkwy Multi-Purpose Room,
Library & Outdoor
Playyards/Playfields
District Office 91 Mercedes Ln 3 Conference Rooms
879
EXHIBIT “2”

CITY PROPERTY

CITY PROPERTY ADDRESS FACILITIES AVAILABLE
Oakley Recreation Center 1250 O'Hara Ave Building Studio 1, Recreation Center Great
Room, Recreation Center
side A or B
City Hall 3231 Main St Board Room
Civic Center Park 3221 Main St Picnic area, Ampitheater Creekside Park 3900 Creekside Way Group picnic sites
Crockett Park 4150 Richard Way Group picnic sites
Nunn Wilson Park 100 Oxford Dr Group picnic sites
Summer Lake Park 3150 E Cypress Rd Group picnic sites
880
EXHIBIT “3”

DISTRICT FACILITIES USE INFORMATION AND GUIDELINES
Oakley Union Elementary School District uses Facilitron, a user friendly program, that enables the public to request the use or rental of District facilities online. Facilitron allows the ability to:
view pictures of available facilities; submit permit applications; upload Certificate of Insurance; determine an estimate of charges; track permit status; and, receive a final invoice.

Click here to view facility options and submit requests for use: www.facilitron.com/ouesd94561.

Steps:
● All users/renters must create a Facilitron account for their organization. If you need assistance setting up an account and/or submitting a facility use request, you can contact Facilitron directly at: [email protected] or by calling the District Office at 925-625-0700, extension 4092.
● Applications should be completed and submitted 30 days prior to the date of the event.

There is no guarantee that requests entered less than 30 days in advance will be approved.
● Prior to approval, the user/renter must upload a copy of their active/current Certificate of Liability Insurance (COI). The coverage must name the Oakley Union Elementary School District, their officials, officers, directors, employees, agents, and volunteers as additional insured against liability to persons, damage to property and for the death of a person or persons arising or resulting from any act or omission on the part of the organizations, its agent, employees, or volunteers.
● Coverage must include:
○ General Liability - $1,000,000 each occurrence; $2,000,000 Aggregate ○ Property Damage - $1,000,000
○ Automotive Liability - $1,000,000
● Fee schedule
Facility Group I Group II Group III Custodial
Multiuse Room/Gym/Cafeteria W/O Kitchen -0- $30/hr $60/hr 2 hr min Multiuse Room/Gym/Cafeteria WITH Kitchen -0- $55/hr $85/hr 3 hr min Library -0- $12.50/hr $40/hr 2 hr min
Blacktop/common areas -0- $30/hr $70/hr 2 hr min
Fields -0- $15/hr $35/hr 2 hr min
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● Final approval must be obtained PRIOR to facility use. If your event has not been approved and you are approaching the event date, please contact our Maintenance and Operations department at [email protected].

Although the process of requesting/approval/management of facility use is now digital, what is implemented on Facilitron remains the same as dictated by Oakley Union Elementary School District’s board policies on facility use. Oakley Union Elementary School District’s administrative staff will make final decisions on all facility use requests.

Please remember...
● The sale and/or serving of alcoholic beverages is NOT ALLOWED on school property. ● The use of tobacco products is NOT ALLOWED on school property. This includes ALL tobacco products.
● The use of school district facilities for private use by individuals is NOT ALLOWED.

DISTRICT FACILITY BOARD POLICY 1330
The Board of Trustees believes that school facilities and grounds are a vital community resource which should be used to foster community involvement and development. Therefore, the Board authorizes the use of school facilities by district residents and community groups for purposes specified in the Civic Center Act, to the extent that such use does not interfere with school activities or other school-related uses.

The Superintendent or designee shall give priority to school-related activities in the use of school facilities and grounds. Other uses authorized under the Civic Center Act shall be on a first-come, first-served basis.

For the effective management and control of school facilities and grounds, the Superintendent or designee shall maintain procedures and regulations that: (Education Code 38133)

1. Aid, encourage, and assist groups desiring to use school facilities for approved activities

2. Preserve order in school facilities and on school grounds and protect school facilities, designating a person to supervise this task, if necessary

3. Ensure that the use of school facilities or grounds is not inconsistent with their use for school purposes and does not interfere with the regular conduct of school work Subject to prior approval by the Board, the Superintendent or designee may grant the use of school facilities or grounds on those days on which district schools are closed. (Education Code 37220)
There shall be no advertising on school facilities and grounds except as allowed by district policy specified in BP 1325 - Advertising and Promotion.
882
As necessary to ensure efficient use of school facilities, the Superintendent or designee may, with the Board's approval, enter into an agreement for the joint use of any school facilities or grounds. The Board shall approve any such agreement only if it determines that it is in the best interest of the district and the community.

Fees
The Board shall adopt a comprehensive schedule of fees to be charged for community use of school facilities and grounds, including, but not limited to, the multipurpose room(s), playing or athletic field(s), track and field venue(s), tennis court(s), and outdoor basketball court(s). The schedule of fees shall be prepared in accordance with 5 CCR 14037-14041. (5 CCR 14041) The Board shall grant the use of school facilities or grounds without charge to school-related organizations whose activities are directly related to or for the benefit of district schools. All other groups requesting the use of school facilities under the Civic Center Act shall be charged an amount not exceeding direct costs determined in accordance with 5 CCR 14037-14041.

Additionally, when any use of school facilities or grounds is for religious services, the district shall charge an amount at least equal to the district's direct costs. (Education Code 38134) In determining direct costs to be charged for community use of each, or each type of, school facility or grounds, the Superintendent or designee shall calculate, in accordance with 5 CCR 14038, the community's proportionate share of the following costs: (Education Code 38134; 5 CCR 14038-14041)

1. Capital direct costs calculated in accordance with 5 CCR 14039, including the estimated costs of maintenance, repair, restoration, and refurbishment of non-classroom space school facilities or grounds
However, capital direct costs shall not be charged to organizations retained by the district or school to provide instruction or instructional activities to students during school hours or for classroom-based programs that operate after school hours, including, but not limited to, after-school, tutoring, and child care programs. (5 CCR 14037)

2. Operational direct costs calculated in accordance with 5 CCR 14040, including estimated costs of supplies, utilities, janitorial services, other services of district employees and/or contracted workers, and salaries and benefits paid to district employees directly associated with the administration of the Civic Center Act to operate and maintain school facilities and grounds
Direct cost fees shall not be discounted to any group or organization except when the discount is specifically authorized in the adopted fee schedule. (5 CCR 14041) Groups shall be charged fair rental value when using school facilities or grounds for entertainment or meetings where admission is charged or contributions solicited and net 883
receipts are not to be expended for charitable purposes or for the welfare of the district's students. (Education Code 38134)
Expending Funds Collected as Capital Direct Costs
Any funds collected as capital direct costs shall be deposited into a special fund to be used only for capital maintenance, repair, restoration, and refurbishment of school facilities and grounds. (5 CCR 14042)
DISTRICT FACILITY ADMINISTRATION REGULATION 1330
Application for Use of Facilities
Any person applying for the use of any school facilities or grounds on behalf of any society, group, or organization shall present written authorization from the group or organization to make the application.

Persons or organizations applying for the use of school facilities or grounds shall submit a facilities use statement indicating that they uphold the state and federal constitutions and do not intend to use school premises or facilities to commit unlawful acts.

Civic Center Use
Subject to district policies and regulations, school facilities and grounds shall be available to citizens and community groups as a civic center for the following purposes: (Education Code 32282, 38131)

1. Public, literary, scientific, recreational, educational, or public agency meetings

2. The discussion of matters of general or public interest

3. The conduct of religious services for temporary periods, on a one-time or renewable basis, by any church or religious organization

4. Child care programs to provide supervision and activities for children of preschool and elementary school age

5. The administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies

6. Supervised recreational activities, including, but not limited to, sports league activities that are arranged for and supervised by entities, including religious organizations or churches, and in which youth may participate regardless of religious belief or denomination
884

7. A community youth center

8. Mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare

9. A ceremony, patriotic celebration, or related educational assembly conducted by a veterans' organization
A veterans' organization means the American Legion, Veterans of Foreign Wars, Disabled American Veterans, United Spanish War Veterans, Grand Army of the Republic, or other duly recognized organization of honorably discharged soldiers, sailors, or marines of the United States, or any of their territories. (Military and Veterans Code 1800)

10. Other purposes deemed appropriate by the Board of Trustees Restrictions
School facilities or grounds shall not be used for any of the following activities:

1. Any use by an individual or group for the commission of any crime or any act prohibited by law

2. Any use which is inconsistent with the use of the school facilities for school purposes or which interferes with the regular conduct of school or school work

3. Any use which involves the possession, consumption, or sale of alcoholic beverages or any restricted substances, including tobacco
However, the Superintendent or designee may approve the use of district facilities for special events that may involve the acquisition, possession, use, or consumption of alcoholic beverages when the event is covered by a special events permit pursuant to Division 9 of the Business and Professions Code and will occur at a time when students are generally not on the school grounds. (Business and Professions Code 25608)
Any such use of school facilities shall be subject to any limitations that may be necessary to reduce risks to the district and ensure the safety of participants, as determined by the Superintendent or designee. Applicable limitations shall be clearly stated in the facility use agreement to be signed by the user's representative.

The district may exclude certain school facilities from nonschool use for safety or security reasons.

Damage and Liability
Groups, organizations, or persons using school facilities or grounds shall be liable for any property damage caused by the activity. The district may charge the amount necessary to repair 885
the damages and may deny the group further use of school facilities or grounds. (Education Code 38134)
Any group or organization using school facilities or grounds shall be liable for any injuries resulting from its negligence during the use of district facilities or grounds. The group shall bear the cost of insuring against this risk and defending itself against claims arising from this risk. (Education Code 38134)
Groups or organizations shall provide the district with evidence of insurance against claims arising out of the group's own negligence when using school facilities. (Education Code 38134) As permitted, the Superintendent or designee may require a hold harmless agreement and indemnification when warranted by the type of activity or the specific facilities being used. 886
EXHIBIT “4”

CITY FACILITIES USE INFORMATION AND GUIDELINES
See next page
887
EXHIBIT “5”

OUESD OWNED PUBLIC USE JOINTLY MAINTAINED FACILITIES

PROPERTY ADDRESS FACILITIES AVAILABLE
O'Hara Park 1100 O'Hara Ave 17 acres of open field, 2
baseball/softball fields, 6
basketball courts
Vintage Park 1000 Vintage Pkwy 4 acres of open field, 1 baseball/softball field
888
Vintage Parkway Elementary
889
O’Hara Park Middle School
890
2023-2024 Joint Use Side Agreement
The Oakley Union Elementary School District (OUESD) and the City of Oakley agree to the following for a one time service partnership in order to improve the public access properties listed below:

O'Hara Park 1100 O'Hara Ave
Vintage Park 1000 Vintage Pkwy
Oakley Elementary Park 501 Norcross Lane
The District will grant access to the City of Oakley to demolish, secure, and provide general site clean up and other basic improvements to the existing structures and installations at the aforementioned public access parks. The District requests to be a participant in the planning and design of any new installations at these sites.

The District will pay the City of Oakley at a rate of $223,131 for these services as a “one time” compensation agreement. Upon completion of the project, the recitals in the Joint Use Agreement will apply.
_______________________________________
Joshua McMurray
City Manager
City of Oakley
_______________________________________
Jeff Palmquist
Superintendent
Oakley Union Elementary School District
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STAFF REPORT

City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: June 11, 2024
TO: City Council
FROM: Joshua McMurray, City Manager
Paul Beard, Chief of Police
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute an Agreement between the City of Oakley and the Oakley Union Elementary School District for School Resource Officer Services
Background and Summary
The City and the Oakley Union Elementary School District have been having discussions about a potential School Resources Officer (SRO) to serve the two middle school campuses, Delta Vista Middle School and O’Hara Park Middle School.

This is not the first time the City has partnered with the District to provide SRO services. The item was first discussed in 2000 and agreements are on record up to 2006, when it appears the partnership did not continue.

The attached Agreement is a culmination of multiple discussions with the District and provides for the expectations of the City and District.

Analysis
The term of the agreement is set for three years, from July 1, 2024, to June 30, 2027, with the SRO position expected to be staffed around Thanksgiving/Christmas 2024 once the police department maintains a steady staffing level of 36 healthy sworn officers. The agreement defines the role of one full-time SRO, who will split their time equally between Delta Vista Middle School and O’Hara Park Middle School, working a 4/10 schedule. The primary purpose of the SRO program is to encourage desirable behavior, ensure a safe environment, and foster communication between students, parents, school staff, and police officers.

Organizationally, the SRO will report to a police department supervisor and work closely with OUESD administrators and staff, adhering to relevant policies and laws.

The SRO will work in uniform during school hours, with schedules conforming to the school day whenever possible. Adjustments for school activities require approval, and overtime for extracurricular events will be compensated by OUESD. The cost of the SRO program will be shared between the City of Oakley and OUESD, with the District paying the City $71,308 in FY 24/25, $73,447 in FY 25/26, and $75,651 in FY 26/27. Payments will be made in quarterly installments and prorated from the start date of the SRO's assignment. The payments made constitute a 50% split of the Approved and
Forwarded to the
City Council
892

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US base salary of a School Resource Officer, which is consistent with the agreement the City has with the Liberty Union High School District. One thing that is important to note is that the agreement doesn’t effectively start until we have a steady ability to maintain 36 healthy sworn persons, which is expected to be around Thanksgiving/Christmas of 2024.

The agreement includes indemnification and insurance clauses, with both parties agreeing to hold each other harmless from claims and liabilities and maintaining specified insurance coverage. OUESD will designate an official to ensure compliance with the agreement, and the Chief of Police or a designee will administer the agreement on behalf of the City.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Community and Collaborative Partnerships Goal of the Oakley Strategic Plan 27+.

Fiscal Impact
The cost of the SRO program will be shared between the City of Oakley and OUESD, with the District reimbursing the City according to the specified financial terms. The financial impact is outlined in the agreement's payment schedule.

Staff Recommendation
It is recommended that the City Council approve the proposed agreement between the City of Oakley and the Oakley Union Elementary School District for School Resource Officer services and authorize the City Manager to execute the agreement on behalf of the City.

Attachments

1. Resolution

2. Proposed Agreement between the City of Oakley and the Oakley Union Elementary School District for School Resource Officer Services

3. Exhibit A - Responsibilities of the City
893
RESOLUTION NO. XX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT

BETWEEN THE CITY OF OAKLEY AND THE OAKLEY UNION ELEMENTARY

SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER SERVICES
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 an Agreement between the City of Oakley and the Oakley Union Elementary School District for School Resource Officer Services.

PASSED, APPROVED AND ADOPTED this 11th day of June, 2024 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
__________________________
Anissa Williams, Mayor Date
ATTEST:
__________________________ _
Libby Vreonis, City Clerk Date
894

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF OAKLEY AND

THE OAKLEY UNION ELEMENTARY SCHOOL DISTRICT

FOR SCHOOL RESOURCE OFFICER SERVICES

AGREEMENT FOR SERVICES
This Agreement is entered into on this___ of June, 2024, by and between the City of Oakley, a municipal corporation (hereinafter referred to as Oakley), and the Oakley Union Elementary School District (hereinafter referred to as OUESD) for the delivery of School Resources Officer (hereinafter referred to as SRO) services.

WITNESS
WHEREAS, Oakley, desires to contract with OUESD to provide an SRO at Delta Vista Middle School and O’Hara Park Middle School, as defined below.

NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:

TERM
The term of this Agreement shall be for three (3) years from July 1, 2024 (hereinafter "Commencement Date") through and including June 30, 2027. Due to other staffing obligations the Police Chief determines this SRO position can physically be staffed when the police department has a steady ability to maintain 36 healthy sworn persons, which is expected to be around Thanksgiving/Christmas of 2024.

The School Resource Officer Program will offer excellent educational, safety and crime prevention programs that benefit the students and employees of OUESD, as well as serving the citizens of Oakley. Funding for the position has been a collaborative effort between the District and the City.

DEFINITION:

One full time Officer split (50%) between Delta Vista Middle School and O’Hara Park Middle School. Officer will be assigned to work a 4/10 work week. Officer will ideally spend two days at one school and two days at the other. 895
PURPOSE:

To create and encourage, through every useful means, desirable behavior on the part of the youth and of the community; to provide and instill a safe environment in and around Delta Vista Middle School and O’Hara Park Middle School; to exchange wholesome communications and ideas between students, parents, OUESD employees and police officers, with crime prevention, good citizenship, and healthy relationships being the ultimate results.

ORGANIZATION:

The SRO will report to the appropriate police department supervisor to whom he/she is assigned. Working with OUESD schools, the SRO is expected to cooperate with school officials, including OUESD administrators, and other OUESD staff members.

The SRO is to be knowledgeable in laws that apply to a safe school environment.

The SRO is to abide by OUESD policies and respond to the needs expressed by OUESD school officials; however, in the event of a conflict between a OUESD school and/or OUESD policy, the City and/or the Police Department’s policies shall supersede the OUESD school policy.

The SRO shall at all times remain an employee of the City of Oakley, and shall not be considered an employee of OUESD. OUESD and the City of Oakley acknowledge the SRO shall remain responsive to the chain of command of the Oakley Police Department.

DUTY HOURS:

The SRO will normally work in uniform, including safety equipment designated for use by sworn personnel pursuant to the Department’s policies, practices, and existing employment labor agreements.

SRO duty hours shall be determined by the provisions of the labor agreement between the Oakley Police Department and the bargaining unit representing the SRO, with input from the OUESD. Whenever possible, it is the intent of the parties that the SRO’s duty hours shall conform to the school day.

OUESD shall be advised of each respective SRO’s standard work schedule, in writing, prior to the start of the school year. The SRO may adjust his/her work schedule, with approval from his/her Police Department supervisor, in order to accommodate school activities and requests. The Oakley Police Department shall, in accordance with Police Departmental needs, policies, practices and existing MOU.

Make every effort to schedule the SRO on those days school is in session and during special school activities.

It is understood and agreed that time spent by the SRO attending court for cases arising from their employment as an SRO shall be considered as hours worked under 896
this Agreement. In the event any school requires an SRO to attend any extracurricular activities, such as, but not limited to, sports events and evening meetings, where the SRO cannot adjust their regular schedule, OUESD agrees to pay for the officer’s overtime costs.

Overtime must be approved in advance by the SRO’s Police Department supervisor when work schedules adjustments are not practical. The Oakley Police Department shall make its best effort to ensure the SRO provides services to the OUESD schools except when he/she is on paid leave, or otherwise absent.

The SRO is expected to be available by telephone when off campus during working hours. When school is not in session, such as holidays, summer vacations and seasonal breaks, the SRO will report to his/her Police Department supervisor for further assignment.

Pursuant to Police Department protocols, the SRO is required to notify his/her supervisor of any absence and should also notify a designated OUESD representative whenever possible. Otherwise, the SRO supervisor or Watch Commander will notify OUESD when the SRO will be absent from work. Except for unforeseen circumstances, elective time off scheduled during the school year shall be backfilled by the Oakley Police Department utilizing on-duty patrol personnel, at no additional cost to the OUESD. Such coverage will be provided from regular patrol officers and it will not be a dedicated presence.

When school is in session, the SRO will generally be assigned to Delta Vista Middle School and O’Hara Park Middle School and will not normally be available for general patrol duties, except in and around the Delta Vista Middle School and O’Hara Park Middle School campuses. The SRO should only be utilized outside of the schools in the event of an in-progress emergency, or as determined by the Chief of Police, or his/her designee.

If the principal of Delta Vista Middle School or O’Hara Park Middle School believes an incident is a violation of the law, the principal may contact the SRO who shall then determine whether law-enforcement action is appropriate. This discretion is based on scope of service agreed upon by the City of Oakley and the OUESD. The SRO is not to be used for regularly assigned lunchroom duties, bus duty, hall monitoring, crossing guard duty, or continued and on-going vehicle traffic control. However, if there is a temporary problem, the SRO may assist the school until the problem is solved.

PROGRAM COSTS:

Under this MOU, the OUESD agrees to pay the City Of Oakley the following for the term of this contract:
897
FY 24/25 - $71,308
FY 25/26 - $73,447
FY 26/27 - $75,651
Payment shall not be required until the Staffing required in the “Term” section is adequate. Payment shall be prorated from the first date the SRO is available through the remainder of the Fiscal Year in which the SRO starts.

Payment shall be made to City in four (4) equal quarterly payments each year for the term of the contract. At the conclusion of FY 2026-2027 the PARTIES will consider further multi-year Agreements for this position. The cost of the program to the District will be negotiated for future years at the conclusion of this contract. Each of the PARTIES understand that each PARTY'S funding priorities may require the reduction or elimination of the School Resource Officer program, and either PARTY may terminate this agreement without any further obligation upon sixty (60) days written notice.

INDEMNIFICATION AND INSURANCE:

Each PARTY agrees to indemnify, defend and hold harmless the other PARTY, their respective elected and appointed officials, officers, agents, and employees, from and against any and all claims, losses, actions, damages, expenses or liabilities, including reasonable acts or omissions. Each PARTY assumes worker's compensation liability for injury or death of its elected and appointed officials, officers, agents, and employees, and assumes no worker's compensation responsibility for the elected and appointed officials, officers, agents and employees of the other PARTY.

Each PARTY shall maintain in force at all times during the performance of this Agreement a policy of insurance covering all of its operations (including public liability and property damage coverage but not including contingent malpractice), naming the other party as an additional insured, with not less than $1,000,000.00 single limit liability and motor vehicle insurance, covering all motor vehicles (whether or not owned) used in providing services under the Agreement with a combined single limit of not less than $1,000,000.00. Notice in writing shall be given at least thirty (30) days in advance of cancellation thereof.

Insurance shall be through an organization authorized by law to transact insurance business in the State of California. Each of the PARTIES agree that each PARTY may self-insure against any loss or damage, which could be covered by a comprehensive general public liability insurance policy, and may also obtain coverage through an insurance pool.

Policies shall also be endorsed to provide such insurance as primary insurance and, that no insurance of an additional insured shall be called on to contribute to a loss covered by insurance. Any insurance required of either PARTY to this Agreement 898
may be provided by a plan of self-insurance and/or a public entity risk-sharing agreement at the option of the PARTY.

CONTRACT SUPERVISION:

The OUESD shall designate an official authorized and assigned to represent the interest of the OUESD and to ensure that the terms and conditions of this Agreement are carried out. That official will be identified to each of the City Manager and Chief of Police upon execution of this Agreement. The Chief of Police or his/her designee shall administer this Agreement on behalf of each City.

PROCEDURES AND OUESD POLICY REGARDING SRO PROGRAM
All PARTIES will follow the procedures outlined in the "SRO Scope of Services," herein by reference as Exhibit A.

SECTION 504 COMPLIANCE:

Section 504 of the Federal Rehabilitation Act of 1973, as amended, requires that all benefits, aids and services are made available to handicapped persons on an equivalent basis with those received by non-handicapped persons. Each PARTY shall agree to be in compliance with Section 504 requirements.

NOTICE:

In addition to all other notices provided for herein, each PARTY shall give the other notice of any policy, resolution, or regulation changes contemplated by it.relating to any matters affecting performance and/or functions under the terms and conditions of the Agreement. All notices herein provided to be given, or which may be given, by either party to the other, shall be in writing and be given by personal service or by United States mail postage prepaid, certified mail return receipt requested, and addressed as follows:

City of Oakley
Attn: City Manager
3231 Main Street
Oakley, CA 94561
Oakley Union Elementary School District
Attn: Superintendent
91 Mercedes Lane
Oakley, CA 94561
899
NONDISCRIMINATION CLAUSE:

During the performance of this Agreement, neither PARTY shall unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex. All PARTIES and their subcontractors, if any, shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. All PARTIES shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.). The applicable regulations of the Fair Employment Housing Commission implementing Government Code Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this Agreement by reference and made a part of as if set forth in full. City and the District shall also abide by the Federal Civil Right Act of 1964 (42 U.S.C. Section 1981 et seq.) and all amendments thereto, and all administrative rules and regulations issued pursuant to said Act. Each PARTY shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

AMENDMENT:

This Agreement may only be modified or amended by the written Agreement of the Parties.

ASSIGNMENT:

This Agreement may not be assigned or transferred by any of the PARTIES without the express written consent of the other PARTIES.

ATTORNEY'S FEES AND COURT VENUE
Should any PARTY to the Agreement bring legal action against the other (formal judicial proceeding, mediation, or arbitration), the case shall be handled in Contra Costa County, California, and the party prevailing in such action shall be entitled to a reasonable attorney's fee which shall be fixed by the judge, mediator, or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.

NO THIRD PARTY BENEFICIARY:

This Agreement, including but not limited to, the indemnification provisions, is for the benefit of the PARTIES only and does not create, nor is it intended to create, any benefit or liability to third parties.
900
AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT:

This document represents the entire and integrated Agreement between the PARTIES and supersedes all prior negotiations, representations and agreements either written or oral.

GOVERNING LAW:

This Agreement shall be governed by the laws of the State of California.

SEVERABILITY:

If any term of this Agreement is held invalid by a court of competent jurisdiction the remainder of this Agreement shall remain in effect.

IN WITNESS WHEREOF, the PARTIES hereto, by and through their respective duly authorized representatives, have executed this Agreement on the date first hereinabove written.
_______________________________________
Joshua McMurray
City Manager
City of Oakley
_______________________________________
Jeff Palmquist
Superintendent
Oakley Union Elementary School District
901
Exhibit A
Responsibilities of the City
A. Assign one (1) School Resource Officer to the Oakley Unified Elementary School District to perform law enforcement services under the supervision and direction of the City's Chief of Police. The time allocations of the School Resource Officers will be modified on a day- to-day basis based on emergency situations, sick leave, court appearances, required training days and such other special requirements of the City.

B. For the SRO program to be successful, the law enforcement agency head and the superintendent of the school district must understand and fully support the SRO program, including an understanding of the standards and best practices that are common for SRO programs. The purpose of a successful SRO program is to “bridge the gap” between law enforcement and youth.

C. Make available to each School Resource Officer appropriate equipment and training as would normally be afforded a peace officer working for City.

D. The SRO will be the police department liaison to the District and will collaborate with school administrators, faculty, students and parents to identify problems, united strategies, resolve issues, and take law enforcement action as necessary. 902
Business Name Primary Contact Email Address Primary Address Phone # Full Primary Address Active Licenses CHROME COFFEE, LLC [email protected] (925) 956-2030 3350 MAIN ST UNIT C
OAKLEY CA 94561

BUSINESS LICENSE
FLOAT EVENT DESIGN (925) 234-6585 700 HUFFAKER DR
OAKLEY CA 94561

HOME BASED BUSINESS LICENSE
GM MARBLE & GRANITE [email protected] (925) 270-8877 6001 BRIDGEHEAD RD OAKLEY CA 94561

BUSINESS LICENSE
HELP THE BEAR VENDING, LLC [email protected];
[email protected]
(310) 750-8142 1458 BIG REDWOOD DR
OAKLEY CA 94561

HOME BASED BUSINESS LICENSE
LOST TREASURE FOUND [email protected] (775) 846-3090 5685 MAIN ST OAKLEY CA 94561

BUSINESS LICENSE
M. LAUREL, INC (MCDONALD'S 1060

LAUREL RD)
[email protected]; [email protected] (925) 277-0563 1060 LAUREL RD OAKLEY CA 94561

BUSINESS LICENSE
MARIO NAVEA CONTRACTOR (510) 734-9780 330 WEST CYPRESS RD OAKLEY CA 94561

HOME BASED BUSINESS LICENSE
MINT DEALS [email protected] (510) 396-6503 5685 MAIN ST OAKLEY CA 94561

BUSINESS LICENSE
MSBD LTD [email protected] (925) 705-2942 1581 GAMAY CIR OAKLEY CA 94561-1988

HOME BASED BUSINESS LICENSE
OAKLEY FUTBOL CLUB (925) 584-8961 619 HEATHROW DR
OAKLEY CA 94561

HOME BASED BUSINESS LICENSE
SIMPLYFIT LLC [email protected] (925) 885-2580 29 OREGANO CT OAKLEY CA 94561-4601

HOME BASED BUSINESS LICENSE
SPLIT SECOND RESPONSE, INC [email protected] (925) 234-8718 3100 MAIN ST OAKLEY CA 94561

BUSINESS LICENSE
TOAN PHAN ENGINEERING, INC [email protected] (415) 867-5559 637 MARATHON DR OAKLEY CA 94561

HOME BASED BUSINESS LICENSE
12 903
June 4, 2024
Mr. Josh McMurray, City Manager
City of Oakley
3231 Main Street
Oakley, CA 94561
RE: Monthly update - The Oaks Rental Community
Per the ongoing request of the Oakley City Council, I am submitting the update for the month of June 2024. After your review, should you have further questions, please feel free to contact me.

Unfortunately, I will not be available on June 11th to be in person for the meeting. The Regional Property Manager, Katherin Aguirre will be present at the meeting she will be able to make note of any specific questions from the Council.

We have added the programs which oversee the various properties within The Oaks under the Compliance section. Per Councilmember Fuller’s request we have also included information on Housing for Older Persons requirements.

I will be hosting the residents for a meeting at The Oaks on Wednesday, June 26th. We will provide a report from that meeting with our next update.

I am also happy to report that all of the residents of building 67 were returned to their homes last week. I am thankful for the assistance from the larger community during this crisis and extremely proud of the property staff for stepping up over Memorial Day weekend to take care of our residents. We are looking closely at our Emergency Preparedness plans and will have a comprehensive report for the City Council with the next update.

Sincerely,
Oke Johnson
Executive Vice President
Winn Residential
904

THE OAKS
An Affordable Housing Community
Staff

POSITION NAME CONTACT INFO
_____________________________________________________________________________________________ Onsite Property Manager Karla Aguilar [email protected] or 925-625-1300 Regional Property Manager Katherine Aguirre [email protected] Divisional Vice President Sheyla Batres [email protected] Oke Johnson Executive Vice President [email protected] _____________________________________________________________________________________________ Administrative staff consists of an Assistant Property Manager, Bookkeeper, Community Coordinator and three Occupancy Specialists.

Maintenance staff consists of Maintenance Supervisor (currently open) and six maintenance technicians (one open positions). Two positions open in total.

We encourage anyone who is interested in the position to apply at: https://www.winncompanies.com/careers _____________________________________________________________________________________________ Occupancy & Collections
Physical Economic
Buildings Occupancy Occupancy
Oak Creek 51 & 49 75% 74.43%
The Commons 53 & 59 76% 75.92%
Oak Grove Terrace 65 81% 75.09%
Oak Place 67 76% 91.54%
Oak Forest 81 77% 93.94%
Oak Meadows 69 95% 78.23%
Oak Ridge 73 86% 85.42%
*Physical Occupancy = occupancy expressed as a percentage based on occupied units divided by total units *Economic Occupancy = occupancy expressed as a percentage based on charged rent divided by collected rent The staff is working on 25 new applications currently with a goal of each property to be in the mid 90% by June 30.

Administration
Legal
• 18 residents are eviction for nonpayment of rent and other lease violations.

Compliance & Recertifications
• 46 annual recertifications completed in March
• 30 annual recertifications completed in April
• 25 annual certifications due in May and 23 have been completed, 2 pending completion (In legal) • 37 annual certifications due in June and 24 have been completed, 13 Pending completion • 37 annual certifications due in July and 20 have been completed, 17 pending completion 905
• 30 Annual Certifications due in August and 9 have been completed, 21 pending completion • Regulatory Agencies Audits & Inspections: California Tax Credit Allocation Committee, County of Contra Costa – preparations are on-going for annual audits, inspections and reporting. • All residents who are participants of the Housing Choice Voucher program have annual unit inspections by the issuing Housing Authority.

Resident Engagement
Resident Meetings
• Meeting May 17th was led by the Regional Manager.

AGENDA
Community Updates - Clubroom renovations end date 5/22/2024 for 59 and 65, sidewalk repairs, lighting improvements, doors & locks, Landscaping, Oak Tree Preservation in the Heritage Grove area.

Maintenance – How to report a service request, emergency situations and what to do, and ongoing maintenance schedule for the whole property
Parking – New parking policies will be distributed on 6/3/2024 and effective 8/1/2024 Resident Events – Summer BBQ and Donut Day
Resident Services – Reminder about all services offered free to all Upcoming Meetings –June 21st
Open Discussion – Comments, questions, suggestions
Requests for: Update of common space in building 59, request for updated laundry equipment, speed bumps and new play equipment for 53
Next Meeting – Winn Residential Executive Vice President Oke Johnson meeting with residents on June 26th.

The minutes from the meetings will be available for all residents no later than Wednesday, July 3rd.

Email Communications
• The property is able to send regular emails to our residents through the Active Building portal. These vary in frequency and are often reinforced with printed notices to the residents.

Resident Events
• SUMMER KICKOFF - 5/14/2024 6 – 8 pm
o BBQ, raffle, music and games
o 125 residents in attendance
o Menu served – barbeque meats, corn on the cob, mac and cheese, salad and dessert o 20 residents won raffle prizes
• UPCOMING EVENTS
o Donut Day- 5/23/24
o Food Distribution- 5/20/24
Repairs & Maintenance
Capital Projects – 2nd & 3rd Quarter – Underway
• Clubroom Improvements – Buildings 65 and 67 have been completed with all new furniture purchased and installed; building 59 will being in June and building 81 will begin in July. • Heritage Grove area Maintenance – tree maintenance will begin in July • Spring cleaning of Buildings- Currently addressing interior doors, floor repairs, lighting replacements and cleaning of lens covers will begin on June 6th.
• Balcony Inspections – Balconies scheduled to be inspected by 5/31/2024. -- COMPLETED 906
• Building & Unit Inspections – HVAC, roofs, windows, fascia, stucco and common area building inspections to be completed in June. Common area building inspections completed and all life & safety items have been repaired. Non-urgent items will be scheduled for completion in 3rd quarter. Unit inspections are scheduled for July and August.
• Tree Removal – At risk trees have been removed.
• Trash Compactor replacement – New compactor was installed on May 2nd. All new trash carts were received at the same time.

Day-to-day Maintenance
In response to City Council comments and questions we will be changing the reporting with respect to work orders. We will be providing the information below based on a trailing 90 days, which will be updated for each month. As we have discussed in the past the property continues to make progress on clearing old work orders, many of which were previously completed but not properly logged in the property software. The average days to complete a work order will continue to be skewed extremely high as a result of the progress the team has made towards clearing both the administrative backlog of work orders and completing the low priority items. In the spirit of full transparency we will be using the reporting directly out of the site software system as shown below. We recognize that the current results do not meet our standards, this is a focus and improvement will be shown.

To ensure focus on meeting the needs of our residents and the community, we will be taking the following actions in the month of June.
• 2nd Quarter projects will continue beginning with the deep cleaning of the buildings common areas. • Additional staff has been deployed from other developments to focus on completing aging work orders. • Additional staff has been deployed to complete the make ready progress to allow for new move-ins. • A trainer will from our corporate office will visit the site to evaluate processes and work with the maintenance staff. A full report of this visit will be provided with the next update. 907
Keys, Locks & Doors
• Monthly doors and locks inspections have occurred to ensure keys operate properly, doors open and close properly.
o Common area doors are inspected weekly, most recently on 5/13/2024 and 5/6/2024 with no findings.
o Inspection on Monday, 5/20, identified one door not properly working. The door is currently secure, additional repairs by a locksmith are scheduled for Friday, 5/24, the repair has been delayed until 6/7.
o Additional repairs and inspections are scheduled for each building as we prepare for annual fire inspections.

Cameras
• All camera systems were inspected last on 6/3/2024 and all were operational. Inspections occur biweekly on Monday.

Gates
• The motherboard on the communication system which was vandalized on 4/19/2024, is still down while the vendor is trying to find a compatible motherboard for replacement. A new system will cost upwards of $30,000. A decision will be made in the next two weeks.

Enhanced Resident Service Programming and Resident Events May
• During the month of April, staff at The Oaks provided ten unique resident service events and ten in May.

Examples include:
o Regular community meetings. May 17th with upper Management. 17 attendees o Emergency and Safety Workshops – 45 attendees
o Distribution of baked goods from Panera Bread every Wednesday – 25 – 28 residents per week. o Community BBQ – 125+ residents
 Raffle, music and games
 Menu served – barbeque meats, corn on the cob, mac and cheese, salad and dessert o Zumba class – 4 residents
o Food box distribution for shelf stable goods – 18 – 20 residents bi-weekly o Food Bank distribution for fresh goods – 25 – 30 residents bi-weekly o A’s baseball opener – 18 residents.

There are currently 16 resident activities scheduled for the Month of June. The next update will include details on the number of attendees at each.

Ongoing enhanced services, free of charge to the residents include:
• After School Programming
This program is open to school age children 5 – 17, five days per week for 3 hours and is free of charge to the resident and children.
• Scholarships
Scholarships are available for continuing education, advanced education, and certification programs.

Applications are available in the management office.
908
• Adult Programming
Programs are open to all residents. Some programming is specific to seniors 55 years or older. The programs are designed to support the needs of the seniors aging in place.

Examples of enhanced ongoing programming will include:
• Adult computer classes
• Employment development
• Healthy Lifestyle & Living classes
• Art classes
• Advanced Healthcare Directives, Wills & Trusts, Scam Prevention • Financial Literacy classes - reducing monthly costs – cable, cell phones, insurance, RX costs, reduced utility costs through the CARES program, free and reduced eyeglasses, free tax preparations
• Food Security
Food security exists when all people, at all times, have physical, social and economic access to sufficient, safe and nutritious food that meets dietary needs and food preferences for an active and healthy life. Our programs are based on these fundamentals and include access to free food giveaways. • Free foods are provided to the seniors on Wednesday and Fridays each week. Families have the same opportunity on Tuesdays of each week. The food is donated from local agencies and religious organizations. Fresh produce, pantry items, bakery items, eggs, canned goods, dry produce are among the many items the residents can choose from and rely upon. • Antioch Unified School District Meal Program provides one daily meal to children who have signed up to participate in this service. This is free of charge to parents. 909
Excerpts from HUD Website regarding Housing for Older Persons. htps://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_housing_older_persons Home / Program Offices / FHEO Home / The Fair Housing Act: Housing for Older Persons THE FAIR HOUSING ACT: HOUSING FOR OLDER PERSONS
The Fair Housing Act prohibits discrimination because of race, color, national origin, religion, sex, disability or familial status (families with children under the age of 18; pregnant women and people in the process of obtaining custody of children under 18, or persons with written permission of the parent or legal guardian). However, it contains a limited exemption from the familial status prohibitions for housing for older persons.
• What Are the Fair Housing Act’s “Housing for Older Persons” Exemptions? • How to Qualify for the “55 or Older” Exemption
• File a Complaint
• Additional Resources
What Are the Fair Housing Act’s "Housing for Older Persons" Exemptions?
The Fair Housing Act specifically exempts three types of housing for older persons from liability for familial status discrimination. Such exempt housing facilities or communities can lawfully refuse to sell or rent dwellings to families with minor children only if they qualify for the exemption. In order to qualify for the "housing for older persons" exemption, a facility or community must comply with all the requirements of the exemption.
910
The Housing for Older Persons exemptions apply to the following housing:

1. Provided under any state or federal program that the Secretary of HUD has determined to be specifically designed and operated to assist elderly persons (as defined in the state or federal program);

2. Intended for, and solely occupied by persons 62 years of age or older; or

3. Intended and operated for occupancy by persons 55 years of age or older.

The 55 or older exemption is the most common of the three.

How to Qualify for the “55 or Older” Exemption
In order to qualify for the "55 or older" housing exemption, a facility or community must satisfy each of the following requirements:
• At least 80 percent of the units must have at least one occupant who is 55 years of age or older; and
• The facility or community must publish and adhere to policies and procedures that demonstrate the intent to operate as "55 or older" housing; and • The facility or community must comply with HUD's regulatory requirements for age verification of residents.

The "housing for older persons" exemption does not protect such housing facilities or communities from liability for housing discrimination because of race, color, religion, sex, disability, or national origin.
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