Clayton City Council
January 18, 2022

AGENDA

REGULAR MEETING
* * *

CLAYTON CITY COUNCIL
* * *
TUESDAY, January 18, 2022
7:00 P.M.
*** NEW LOCATION***
This meeting is being held in accordance with AB 361, given the proclaimed state of emergency and the Contra Costa County Health Officer’s recommendation for social distancing for public meetings, which is also consistent with Cal OSHA requirements for social distancing, the City Council will be participating in meetings via phone/video conferencing. The public is invited to watch and participate via the methods listed below:

Mayor: Peter Cloven
Vice Mayor: Holly Tillman
Council Members
Jim Diaz
Jeff Wan
Carl Wolfe
• A complete packet of information containing staff reports and exhibits related to each public item is available for public review on the City’s website at www.claytonca.gov • Agendas are posted at: 1) City Hall, 6000 Heritage Trail; 2) Library, 6125 Clayton Road; 3) Ohm’s Bulletin Board, 1028 Diablo Street, Clayton; and 4) City Website at www.claytonca.gov • Any writings or documents provided to a majority of the City Council after distribution of the Agenda Packet and regarding any public item on this Agenda is available for review on the City’s website at www.claytonca.gov
• If you have a physical impairment that requires special accommodations to participate, please call the City Clerk’s office at least 72 hours in advance of the meeting at (925) 673-7300. _____________________________________________________________________________________________ Agenda January 18, 2022 Page 2
Instructions for Virtual City Council Meeting – January 18 To protect our residents, officials, and staff, and aligned with the Governor’s executive order to Shelter-at-Home, this meeting is being conducted utilizing teleconferencing means consistent with State order that that allows the public to address the local legislative body electronically.

To follow or participate in the meeting:

1. Videoconference: to follow the meeting on-line, click here to register:
https://us02web.zoom.us/webinar/register/WN_suxMeIgbQNWPGzIqaBNXFw After clicking on the URL, please take a few seconds to submit your first and last name, and e-mail address then click “Register”, which will approve your registration and a new URL to join the meeting will appear.

Phone-in: Once registered, you will receive an e-mail with instructions to join the meeting telephonically, and then dial Telephone: 877 853 5257 (Toll Free)

2. using the Webinar ID and Password found in the e-mail.

E-mail Public Comments: If preferred, please e-mail public comments to the City Clerk, Ms.

Calderon at [email protected] by 5 PM on the day of the City Council meeting. All E-mail Public Comments will be forwarded to the entire City Council.

For those who choose to attend the meeting via videoconferencing or telephone shall have 3 minutes for public comments.

Location:

Videoconferencing Meeting (this meeting via teleconferencing is open to the public) To join this virtual meeting on-line click here:
https://us02web.zoom.us/webinar/register/WN_suxMeIgbQNWPGzIqaBNXFw To join on telephone, you must register in the URL above, which sends an e-mail to your inbox, and then dial (877) 853-5257 using the Webinar ID and Password found in the e-mail.

_____________________________________________________________________________________________ Agenda January 18, 2022 Page 3
* CITY COUNCIL *
January 18, 2022

1. CALL TO ORDER AND ROLL CALL – Mayor Cloven.

2. MEETING PROTOCOL VIDEO– City Clerk

3. PLEDGE OF ALLEGIANCE – led by Councilmember Diaz.

4. CONSENT CALENDAR
Consent Calendar items are typically routine in nature and are considered for approval by one single motion of the City Council. Members of the Council, Audience, or Staff wishing an item removed from the Consent Calendar for purpose of public comment, question, discussion or alternative action may request so through the Mayor.
(a) Approve the minutes of the City Council’s regular meeting of January 4, 2022. (City Clerk) (View here)
(b) Approve the Financial Demands and Obligations of the City. (Finance) (View here) (c) Adopt a Resolution of the City Council of the City of Clayton Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency Under AB 361. (City Manager) (View here)

5. RECOGNITIONS AND PRESENTATIONS
(a) Certificates of Recognition to public school students for exemplifying the “Do the Right Thing” character trait of “Kindness” during the months of November and December 2021. (Mayor Cloven) (View here)

6. REPORTS
(a) City Manager/Staff
(b) City Council - Reports from Council liaisons to Regional Committees, Commissions and Boards.
_____________________________________________________________________________________________ Agenda January 18, 2022 Page 4

7. PUBLIC COMMENT ON NON - AGENDA ITEMS
Members of the public may address the City Council on items within the Council’s jurisdiction, (which are not on the agenda) at this time. To assure an orderly meeting and an equal opportunity for everyone, each speaker is limited to 3 minutes, enforced at the Mayor’s discretion. In accordance with State Law, no action may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may at its discretion request Staff to report back at a future meeting concerning the matter.

Public comment and input on Public Hearing, Action Items and other Agenda Items will be allowed when each item is considered by the City Council.

8. PUBLIC HEARINGS – None.

9. ACTION ITEMS
(a) Adopt a Resolution Adopting A Purchasing Guidelines Policy for the Purchase of Goods, Services, Supplies and Equipment. (City Manager) (View here) (b) Adopt a Resolution Approving One-Time Essential Worker Premium Pay for City Employees and Appropriating American Rescue Plan Act (ARPA) Funding for Implementation. (City Manager) (View here)
(c) Update on Final American Rescue Plan Act (ARPA) Rules and Recommending Adoption of a Resolution Amending the Criteria for the Clayton Cares Program. (City Manager) (View here)
(d) First Amendment to City Manager Employment Agreement with Reina Schwartz. (Mayor Cloven) (View here)
(e) A Resolution of the City Council of the City of Clayton Adopting the City of Clayton’s Salary Schedule Effective December 27, 2021 in Conformance with CalPERS Requirements to Provide a Publicly Available Salary Schedule. (City Manager) (View here)

10. CLOSED SESSION – None.

11. COUNCIL ITEMS – limited to Council requests and directives for future meetings.

12. ADJOURNMENT - the next regularly scheduled City Council meeting will be February 1, 2022. # # # # #
Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes January 4, 2022 Page 1

MINUTES
OF THE

REGULAR MEETING

CLAYTON CITY COUNCIL
TUESDAY, January 4, 2022

1. CALL TO ORDER THE CITY COUNCIL – The meeting was called to order at 7:00 p.m. by Mayor Cloven on a virtual web meeting and telephonically (877) 853-5257.

Councilmembers present: Mayor Cloven, Vice Mayor Tillman, and Councilmembers Diaz, Wan, and Wolfe. Councilmembers absent: None. Staff present: City Manager Reina Schwartz, City Attorney Mala Subramanian, Community Development Director Dana Ayers, Assistant to the City Manager Laura Hoffmeister, and City Clerk/HR Manager Janet Calderon.

2. MEETING PROTOCOL VIDEO – City Clerk.

3. PLEDGE OF ALLEGIANCE – led by Councilmember Diaz.

4. CONSENT CALENDAR
City Manager Schwartz advised on item 4(d) the end date for the contract extension will change to March 31, 2022 throughout the contract to be consistent.

Councilmember Wan requested more information on 4(f) pertaining to the change order and if the change is due to time and materials or a fixed cost.

It was moved by Councilmember Wolfe, seconded by Vice Mayor Tillman, to approve the Consent Calendar items 4(a) – 4(f) as submitted. (Passed 5-0). (a) Approved the minutes of the City Council’s regular meeting of December 7, 2021. (City Clerk)
(b) Approved the Financial Demands and Obligations of the City. (Finance) (c) Adopted Resolution No. 01-2022 of the City Council of the City of Clayton Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency Under AB 361. (City Manager)
(d) Approved Resolution No. 02-2022 Authorizing the Fourth Amendment to an Existing Agreement with Harris & Associates for Professional Engineering Services. (City Manager)
(e) Fourth Quarter April, May, June Ending June 30, 2021 FY 2020/21 Investment Portfolio Report – Corrected Report. (Finance Director)
____________________________________________________________________________ City Council Minutes January 4, 2022 Page 2
(f) Adopted Resolution No. 03-2022 Approving Construction Change Order in the Amount of $128,746.22 Submitted by J.J.R. Construction, Inc.; Amending Agreement with Harris & Assoc. for an Increase of $15,810 for Design, Inspection and Construction Management Services; and Approving Re-Allocation of $144,556.22 from the Neighborhood Pavement Preservation Project (CIP 10449) to the City of Clayton Curb Ramp Improvement Project (CIP 10453) to Fund the Increases for a Revised Total Project Cost of $498,444.22. (City Engineer)

5. RECOGNITIONS AND PRESENTATIONS – None.

6. REPORTS
(a) City Manager/Staff
City Manager Reina Schwartz provided a brief update regarding the Clayton Cares Program, a brief update regarding SB1383 Organics Recycling, and advised City Hall is currently closed to the public, however, staff is able to meet with the public by appointment if needed.
(b) City Council - Reports from Council liaisons to Regional Committees, Commissions and Boards.

Councilmember Wolfe met with the City Manager, met with the Mayor, attended the East Contra Costa County Habitat Conservancy meeting, has an upcoming meeting with Senator Glazer, responded to emails from constituents, and announced the Boy Scouts Tree Recycling taking place this weekend.

Councilmember Wan indicated “No Report”.

Councilmember Diaz met with Councilmember Carlyn Obringer from Concord, attended the Contra Costa County Sheriffs holiday event, attended the Wreaths Across America event, met with former Mayor Kevin Wilk from Walnut Creek, attended the East Bay Regional Communications Systems Authority meeting, met with the City Manager, responded to constituents by phone, in-person and emails.

Vice Mayor Tillman attended the ABAR Mount Diablo Unified School District meeting, met with Sam Caygill from Cal Cities East Bay Division, met with the City Manager, and requested the community to mask-up and stay home if not feeling well.

Mayor Cloven attended the meeting of Transportation Partnership and Cooperation for Central Contra Costa (TRANSPAC), attended the Wreaths Across America event, spoke to constituents regarding the Housing Element, met with the City Manager, and met with the Community Development Director.

Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes January 4, 2022 Page 3

7. PUBLIC COMMENT ON NON - AGENDA ITEMS
Scott Denslow thanked the community for their generous donations for the clothes drive and fundraiser for the homeless.

Mayor Cloven closed public comment.

8. PUBLIC HEARINGS – None.

9. ACTION ITEMS
(a) Determination of Council Committee Assignments for 2022. (Mayor Cloven) Mayor Cloven presented the report.

Following questions by the City Council, Mayor Cloven opened the item to public comment
Scott Denslow expressed support of the City Council continuing the Ad Hoc Public Safety Committee.

Terri Denslow suggested the city post to its website a description and purpose of each City Council subcommittee.

Mayor Cloven closed public comment.

It was moved by Councilmember Wolfe, seconded by Councilmember Wan, to accept the Council Committee assignments for 2022 as presented. (Passed 5-0). (b) Discussion and Direction to Staff Regarding Potential “Hero Pay”. (City Manager)
City Manager Reina Schwartz presented the report.

Following questions by the City Council, Mayor Cloven opened the item to public comment.

Deborah Espina expressed her concerns with the Clayton Cares program annual household income limits as she does not qualify and suggested the maximum amount be raised. She did not support the potential “Hero Pay”.

Amy Hines-Shaikh expressed support of this item.

Mayor Cloven closed public comment.

Direction provided to staff.
____________________________________________________________________________ City Council Minutes January 4, 2022 Page 4
(c) Progress Report on 6th Cycle Housing Element Update and Discussion and Direction to Staff on Draft Housing Element Goals.
(Community Development Director)
Community Development Director Dana Ayers presented the report.

Following questions by the City Council, Mayor Cloven opened the item to public comment.

Nirmal Singh noted there is a lack of affordable housing in Clayton. He also suggested removal of site J and requested the addition of language be included regarding Climate change.

Roy Correa requested more community engagement.

Lynda Deschambault supported this effort and requested additional language regarding the climate crisis.

Mayor Cloven closed public comment.

Direction provided to staff.

The Mayor recessed the City Council meeting at 9:51 p.m. to conduct the Oakhurst Geological Hazard Abatement District meeting.

At 9:53 p.m. the City Council returned to the City Council meeting.

10. CLOSED SESSION
Mayor Cloven announced the City Council will adjourn into Closed Session for the following noticed item (9:54 p.m.):
(a) Government Code Section 54957.6
Conference with Labor Negotiators
Agency-designated representatives: Mayor Cloven and Vice Mayor Tillman Unrepresented employee: City Manager
Report out of Closed Session
(10:31 p.m.) Mayor Cloven reported there was no reportable action.

11. COUNCIL ITEMS
Councilmember Wolfe announced the Clayton Business and Community Association is seeking volunteers to assist in the take down of the holiday decorations this Saturday at 9:00 a.m.

Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes January 4, 2022 Page 5

12. ADJOURNMENT– on call by Mayor Cloven, the City Council adjourned its meeting at 10:33 p.m.

The next regularly scheduled meeting of the City Council will be January 18, 2022. # # # # #
Respectfully submitted,
________________________________
Janet Calderon, City Clerk

APPROVED BY THE CLAYTON CITY COUNCIL
______________________________________
Peter Cloven, Mayor
# # # # #
Agenda Item: 4(b)

STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: JENNIFER GIANTVALLEY, ACCOUNTING TECHNICIAN
DATE: 01/18/2022
SUBJECT: FINANCIAL DEMANDS AND OBLIGATIONS OF THE CITY
RECOMMENDATION:

It is recommended the City Council, by minute action, approve the financial demands and obligations of the City for the purchase of services and goods in the ordinary course of operations.

Attachments:

1. Invoice Report, Dated 1/13/22 (1 page)

2. Invoice Report for Clayton Cares Program, dated 1/11/22 (1 page)

3. Open Invoice Report, dated 1/11/22 (6 pages)

4. Payroll Reconciliation Summary report PPE 12/26/21 (1 page) Attached Report Purpose Date Amount
Check for Council approved
construction change order
Reso 03-2022 paid prior to
meeting Accounts Payable 1/13/2022 $ 122,308.90
Open Invoice Report (ARPA) Accounts Payable 1/11/2022 $ 35,000.00 Open Invoice Report Accounts Payable 1/11/2022 $ 187,000.70 Payroll Reconciliation Summa Payroll, Taxes 12/27/2021 $ 94,235.58 Total Required $ 438,545.18
City of Clayton
Invoice Report
Obligations
Vendor Name Post Date Invoice Balance
Invoice Due
Date
Discount
Invoice Number Invoice Date Expires On Net Amount Due Days Past Due Potential
Discount
JJR Construction
JJR Construction #00076 01/13/2022 01/13/2022 $122,308.90 $0.00 $122,308.90 01/13/2022 0 Totals for JJR Construction: $122,308.90 $0.00 $122,308.90 GRAND TOTALS: $122,308.90 $0.00 $122,308.90
01/13/2022 12:40:31 PM Page 1
1/11/2022 City of Clayton Page 1
Invoice Report
Clayton Cares Program
Obligations
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
Clayton Valley Presbytarian Children's Ctr
Clayton Valley Presbytarian Children's C 1/14/2022 1/11/2022 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Clayton Valley Presbytarian Children's Ctr: $5,000.00 $0.00 $5,000.00 Kathrine Coakley
Kathrine Coakley 1/14/2022 1/11/2022 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Kathrine Coakley: $5,000.00 $0.00 $5,000.00
Diablo View Middle School PFC
Diablo View Middle School PFC 1/14/2022 1/11/2022 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Diablo View Middle School PFC: $5,000.00 $0.00 $5,000.00 DLF Realty, Inc
DLF Realty, Inc 1/14/2022 1/11/2022 ARPA Clayton Care Program $5,000.00 $0.00 $5,000.00 Totals for DLF Realty, Inc: $5,000.00 $0.00 $5,000.00
Performance Trailer Service/West Coast Hunts
Performance Trailer Service/West Coast H 1/14/2022 1/11/2022 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Performance Trailer Service/West Coast Hunts: $5,000.00 $0.00 $5,000.00 The Frontier Salon
The Frontier Salon 1/14/2022 1/11/2022 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for The Frontier Salon: $5,000.00 $0.00 $5,000.00 GRAND TOTALS: $35,000.00 $0.00 $35,000.00
1/14/2022 1/11/2022 ARPA $5,000.00 $0.00 $5,000.00
Meraki Wreath Company
Meraki Wreath Company
$5,000.00 $0.00 $5,000.00
Clayton Cares Program
Totals for Meraki Wreath Company
1/13/2022 City of Clayton Page 1
Open Invoice Report
Obligations
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
Advanced Elevator Solutions, Inc
Advanced Elevator Solutions, Inc 1/18/2022 1/1/2022 46341 Elevator Service January 2022 $124.00 $0.00 $124.00 Totals for Advanced Elevator Solutions, Inc: $124.00 $0.00 $124.00 All City Management Services, Inc.

All City Management Services, Inc. 1/18/2022 12/15/2021 73918 School crossing guard svcs 11/28/21-12/11/21 $1,544.40 $0.00 $1,544.40 All City Management Services, Inc. 1/18/2022 12/1/2021 73559 School crossing guard svcs 11/14/21-11/27/21 $772.20 $0.00 $772.20 Totals for All City Management Services, Inc.: $2,316.60 $0.00 $2,316.60 American Fidelity Assurance Company
American Fidelity Assurance Company 1/18/2022 12/31/2021 D393434 Supplemental insurance December 2021 $617.70 $0.00 $617.70 American Fidelity Assurance Company 1/18/2022 12/26/2021 6040728 FSA PPE 12/26/21 $128.45 $0.00 $128.45 American Fidelity Assurance Company 1/18/2022 1/7/2022 6042645 FSA PPE 1/9/22 $115.00 $0.00 $115.00 Totals for American Fidelity Assurance Company: $861.15 $0.00 $861.15 Authorize.net
Authorize.net 1/18/2022 12/31/2021 December 2021 Online bankcard gateway fee December 2021 $32.35 $0.00 $32.35 Totals for Authorize.net: $32.35 $0.00 $32.35
Bay Area Barricade Serv.

Bay Area Barricade Serv. 1/18/2022 1/5/2022 28057 Street signs $98.78 $0.00 $98.78 Bay Area Barricade Serv. 1/18/2022 1/5/2022 28013 Sign posts $38.86 $0.00 $38.86 Bay Area Barricade Serv. 1/18/2022 1/5/2022 27442 Street signs $131.70 $0.00 $131.70 Bay Area Barricade Serv. 1/18/2022 1/5/2022 27402 "No Parking" signs $76.83 $0.00 $76.83 Totals for Bay Area Barricade Serv.: $346.17 $0.00 $346.17 Break Point Investigations
Break Point Investigations 1/18/2022 1/5/2022 001 PD POST Background $789.49 $0.00 $789.49 Totals for Break Point Investigations: $789.49 $0.00 $789.49 CalPERS Retirement
CalPERS Retirement 1/18/2022 12/26/2021 122621 Retirement PPE 12/26/21 $18,821.44 $0.00 $18,821.44 CalPERS Retirement 1/18/2022 1/9/2022 010922 Retirement PPE 1/9/22 $17,636.51 $0.00 $17,636.51 Totals for CalPERS Retirement: $36,457.95 $0.00 $36,457.95 CCWD
CCWD 1/18/2022 12/7/2021 F Series Water 10/6/21-12/6/21 $16,099.36 $0.00 $16,099.36 Totals for CCWD: $16,099.36 $0.00 $16,099.36
Cintas Corporation
Cintas Corporation 1/18/2022 12/30/2021 4106365751 PW uniforms through 12/30/21 $49.00 $0.00 $49.00 Cintas Corporation 1/18/2022 1/6/2022 4106937529 PW uniforms through 1/6/22 $49.00 $0.00 $49.00 Totals for Cintas Corporation: $98.00 $0.00 $98.00
Clean Street
1/13/2022 City of Clayton Page 2
Open Invoice Report
Obligations
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
Clean Street 1/18/2022 12/31/2021 101861CS Street sweeping December 2021 $4,500.00 $0.00 $4,500.00 Totals for Clean Street: $4,500.00 $0.00 $4,500.00
CLEARS, Inc.

CLEARS, Inc. 1/18/2022 1/6/2022 2022 Member dues 2022 $50.00 $0.00 $50.00 Totals for CLEARS, Inc.: $50.00 $0.00 $50.00
Comcast Business
Comcast Business 1/18/2022 1/5/2022 010522 Internet 1/10/22-2/9/22 $396.16 $0.00 $396.16 Totals for Comcast Business: $396.16 $0.00 $396.16
Concord Uniforms
Concord Uniforms 1/18/2022 12/22/2021 19011 PD uniform $263.18 $0.00 $263.18 Totals for Concord Uniforms: $263.18 $0.00 $263.18
Contra Costa County - Office of the Sheriff
Contra Costa County - Office of the She 1/18/2022 12/13/2021 CLPD-2111 Toxicology November 2021 $1,430.00 $0.00 $1,430.00 Totals for Contra Costa County - Office of the Sheriff: $1,430.00 $0.00 $1,430.00 Contra Costa County Department of Conservation & Development Contra Costa County Department of Co 1/18/2022 12/31/2021 2022Q2 CASp fee Q2FY22 $465.80 $0.00 $465.80 Totals for Contra Costa County Department of Conservation & Development: $465.80 $0.00 $465.80 Contra Costa County Public Works Dept
Contra Costa County Public Works Dept 1/18/2022 12/20/2021 704508 Traffic signal maintenance November 2021 $1,621.07 $0.00 $1,621.07 Totals for Contra Costa County Public Works Dept: $1,621.07 $0.00 $1,621.07 De Lage Landen Financial Services, Inc.

De Lage Landen Financial Services, Inc. 1/18/2022 10/23/2021 74253357 Copier lease November 2021 $1,004.48 $0.00 $1,004.48 De Lage Landen Financial Services, Inc. 1/18/2022 12/24/2021 74857982 Copier lease January 2022 $1,004.48 $0.00 $1,004.48 De Lage Landen Financial Services, Inc. 1/18/2022 12/7/2021 74671035 Late Fee for November 2021 $27.19 $0.00 $27.19 Totals for De Lage Landen Financial Services, Inc.: $2,036.15 $0.00 $2,036.15 Dillon Electric Inc
Dillon Electric Inc 1/18/2022 1/4/2022 4567 Complete a list of light poles $240.00 $0.00 $240.00 Dillon Electric Inc 1/18/2022 12/16/2021 4561 Supply and install time clock for Christmas D $863.88 $0.00 $863.88 Totals for Dillon Electric Inc: $1,103.88 $0.00 $1,103.88 Division of the State Architect
Division of the State Architect 1/18/2022 12/31/2021 2022Q2 CASp fees Q2FY22 $54.80 $0.00 $54.80 Totals for Division of the State Architect: $54.80 $0.00 $54.80 Environtech Enterprises
Environtech Enterprises 1/18/2022 1/8/2022 A001C-1B-22 Install Native Species $12,500.00 $0.00 $12,500.00 Totals for Environtech Enterprises: $12,500.00 $0.00 $12,500.00 1/13/2022 City of Clayton Page 3
Open Invoice Report
Obligations
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
Geoconsultants, Inc.

Geoconsultants, Inc. 1/18/2022 12/22/2021 19251 Well monitoring December 2021 $1,546.50 $0.00 $1,546.50 Totals for Geoconsultants, Inc.: $1,546.50 $0.00 $1,546.50 Jennifer Giantvalley
Jennifer Giantvalley 1/18/2022 12/31/2021 2021 Reimbursment for home use printer $40.00 $0.00 $40.00 Totals for Jennifer Giantvalley: $40.00 $0.00 $40.00
Gridiron Training
Gridiron Training 1/18/2022 12/21/2021 0075 FTO Update training March 23-25, 2022 $300.00 $0.00 $300.00 Totals for Gridiron Training: $300.00 $0.00 $300.00
Hammons Supply Company
Hammons Supply Company 1/18/2022 12/30/2021 I118641 CH/The Grove Park janitorial supplies $117.33 $0.00 $117.33 Hammons Supply Company 1/18/2022 1/4/2022 118632 CH janitorial supplies $611.74 $0.00 $611.74 Hammons Supply Company 1/18/2022 1/4/2022 118630 CCP janitorial supplies $406.92 $0.00 $406.92 Hammons Supply Company 1/18/2022 1/4/2022 118644 PW janitorial supplies $60.84 $0.00 $60.84 Hammons Supply Company 1/18/2022 1/4/2022 118631 Library janitorial supplies $137.84 $0.00 $137.84 Hammons Supply Company 1/18/2022 1/4/2022 118628 The Grove Park janitorial supplies $264.78 $0.00 $264.78 Hammons Supply Company 1/18/2022 12/30/2021 118641 PW janitorial supplies $117.33 $0.00 $117.33 Hammons Supply Company 1/18/2022 1/3/2022 118648 PW janitorial supplies $167.42 $0.00 $167.42 Totals for Hammons Supply Company: $1,884.20 $0.00 $1,884.20 Harris & Associates, Inc.

Harris & Associates, Inc. 1/18/2022 12/28/2021 51003 Project Engineering svcs November 2021 $7,670.50 $0.00 $7,670.50 Harris & Associates, Inc. 1/18/2022 12/16/2021 50901 Engineering svcs November 2021 $10,384.15 $0.00 $10,384.15 Harris & Associates, Inc. 1/18/2022 12/28/2021 51004 CIP Engineering svcs November 2021 $29,325.00 $0.00 $29,325.00 Totals for Harris & Associates, Inc.: $47,379.65 $0.00 $47,379.65 Health Care Dental Trust
Health Care Dental Trust 1/18/2022 1/10/2022 308258 Dental February 2022 $1,757.03 $0.00 $1,757.03 Totals for Health Care Dental Trust: $1,757.03 $0.00 $1,757.03 J&R Floor Services
J&R Floor Services 1/18/2022 12/31/2021 Twelve2021 Janitorial svcs December 2021 $4,988.00 $0.00 $4,988.00 Totals for J&R Floor Services: $4,988.00 $0.00 $4,988.00 JJR Enterprises, Inc
JJR Enterprises, Inc 1/18/2022 12/17/2021 3397848 Copier usage 11/18/21-12/17/21 $235.86 $0.00 $235.86 Totals for JJR Enterprises, Inc: $235.86 $0.00 $235.86
Michael McKinley
Michael McKinley 1/18/2022 12/21/2021 CAP0431 Refund overcharge of CAP fee $124.00 $0.00 $124.00 Totals for Michael McKinley: $124.00 $0.00 $124.00
1/13/2022 City of Clayton Page 4
Open Invoice Report
Obligations
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
Mission Square Retirement
Mission Square Retirement 1/18/2022 12/26/2021 122621 457 Plan contributions PPE 12/26/21 $2,209.62 $0.00 $2,209.62 Mission Square Retirement 1/18/2022 1/9/2022 010922 457 Plan contributions PPE 1/9/22 $2,259.62 $0.00 $2,259.62 Totals for Mission Square Retirement: $4,469.24 $0.00 $4,469.24 Motorola
Motorola 1/18/2022 1/4/2022 1637218 PD Radio enhancement $1,334.56 $0.00 $1,334.56 Totals for Motorola: $1,334.56 $0.00 $1,334.56
MPA
MPA 1/18/2022 1/10/2022 918-25786 Life/LTD January 2022 $1,670.63 $0.00 $1,670.63 Totals for MPA: $1,670.63 $0.00 $1,670.63
MSR Mechanical, LLC
MSR Mechanical, LLC 1/18/2022 1/4/2022 SVC003668 CH HVAC repair $942.00 $0.00 $942.00 MSR Mechanical, LLC 1/18/2022 1/4/2022 SVC003667 Library HVAC repair $832.00 $0.00 $832.00 MSR Mechanical, LLC 1/18/2022 12/14/2021 SVC003536 EH HVAC service $295.50 $0.00 $295.50 Totals for MSR Mechanical, LLC: $2,069.50 $0.00 $2,069.50 Nationwide
Nationwide 1/18/2022 12/26/2021 122621 457 Plan contribution PPE 12/26/21 $500.00 $0.00 $500.00 Nationwide 1/18/2022 1/9/2022 010922 457 Plan contributions PPE 1/9/22 $500.00 $0.00 $500.00 Totals for Nationwide: $1,000.00 $0.00 $1,000.00
Pacific Office Automation
Pacific Office Automation 1/18/2022 12/20/2021 218675 Copier usage 11/20/21-12/19/21 $48.07 $0.00 $48.07 Pacific Office Automation 1/18/2022 12/13/2021 218594 Copier lease pmt 57 of 60 $106.58 $0.00 $106.58 Totals for Pacific Office Automation: $154.65 $0.00 $154.65 Pacific Telemanagement Svc
Pacific Telemanagement Svc 1/18/2022 12/23/2021 2080359 Courtyard payphone January 2022 $70.00 $0.00 $70.00 Totals for Pacific Telemanagement Svc: $70.00 $0.00 $70.00 Paysafe Payment Processing
Paysafe Payment Processing 1/18/2022 12/31/2021 December21 Online bankcard fee December 2021 $165.58 $0.00 $165.58 Paysafe Payment Processing 1/18/2022 12/31/2021 December21 OTC bankcard fee December 2021 $268.62 $0.00 $268.62 Totals for Paysafe Payment Processing: $434.20 $0.00 $434.20 PG&E
PG&E 1/18/2022 12/21/2021 122121 Energy 11/19/21-12/20/21 $24.39 $0.00 $24.39 PG&E 1/18/2022 12/22/2021 122221 Energy 11/20/21-12/21/21 $1,246.13 $0.00 $1,246.13 PG&E 1/18/2022 12/22/2021 122221 Energy 11/20/21-12/21/21 $3,086.22 $0.00 $3,086.22 PG&E 1/18/2022 12/22/2021 122221 Energy 11/20/21-12/21/21 $438.14 $0.00 $438.14 PG&E 1/18/2022 12/22/2021 122221 Energy 11/20/21-12/21/21 $592.33 $0.00 $592.33 PG&E 1/18/2022 12/21/2021 122121 Energy 11/19/21-12/20/21 $185.13 $0.00 $185.13 1/13/2022 City of Clayton Page 5
Open Invoice Report
Obligations
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
PG&E 1/18/2022 12/30/2021 123021 Energy 11/19/21-12/20/21 $178.36 $0.00 $178.36 Totals for PG&E: $5,750.70 $0.00 $5,750.70
Professional Convergence Solutions, Inc
Professional Convergence Solutions, Inc 1/18/2022 12/9/2021 PCS1209211 Repair phones @ Library $400.00 $0.00 $400.00 Totals for Professional Convergence Solutions, Inc: $400.00 $0.00 $400.00 Rural Pig Management, Inc
Rural Pig Management, Inc 1/18/2022 1/5/2022 CC010522 Pig Control Maintenenace January 2022 $3,000.00 $0.00 $3,000.00 Totals for Rural Pig Management, Inc: $3,000.00 $0.00 $3,000.00 Schwaab, Inc
Schwaab, Inc 1/18/2022 12/22/2021 6674610 Date stamp $96.14 $0.00 $96.14 Totals for Schwaab, Inc: $96.14 $0.00 $96.14
Site One Landscape Supply, LLC
Site One Landscape Supply, LLC 1/18/2022 10/6/2021 113607997-001 Irrigation parts $151.78 $0.00 $151.78 Site One Landscape Supply, LLC 1/18/2022 10/5/2021 113552623-001 Irrigation parts $238.78 $0.00 $238.78 Totals for Site One Landscape Supply, LLC: $390.56 $0.00 $390.56 Sprint Comm (PD)
Sprint Comm (PD) 1/18/2022 12/29/2021 703335311-241 PD cell phones 11/26/21-12/25/21 $710.62 $0.00 $710.62 Totals for Sprint Comm (PD): $710.62 $0.00 $710.62
Staples Business Credit
Staples Business Credit 1/18/2022 12/25/2021 1639570795 Office supplies $738.75 $0.00 $738.75 Totals for Staples Business Credit: $738.75 $0.00 $738.75 State Water Resources Control Board
State Water Resources Control Board 1/18/2022 12/22/2021 SW-0222890 SWRCB annual permit fee FY 22 $10,602.00 $0.00 $10,602.00 Totals for State Water Resources Control Board: $10,602.00 $0.00 $10,602.00 Stericycle Inc
Stericycle Inc 1/18/2022 1/1/2022 3005832203 Medical waste disposal $68.25 $0.00 $68.25 Totals for Stericycle Inc: $68.25 $0.00 $68.25
Swenson's Mobile Fleet Repair
Swenson's Mobile Fleet Repair 1/18/2022 12/15/2021 I004003 PW veh svc '11 F250 $5,734.86 $0.00 $5,734.86 Totals for Swenson's Mobile Fleet Repair: $5,734.86 $0.00 $5,734.86 Thomson Reuters-West
Thomson Reuters-West 1/18/2022 1/4/2022 845697011 Penal code books 2022 $225.11 $0.00 $225.11 Totals for Thomson Reuters-West: $225.11 $0.00 $225.11
USPS
USPS 1/18/2022 12/13/2021 46817803 Postage for Neopost Acct 46817803 $300.00 $0.00 $300.00 1/13/2022 City of Clayton Page 6
Open Invoice Report
Obligations
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
Totals for USPS: $300.00 $0.00 $300.00
Western Exterminator
Western Exterminator 1/18/2022 12/22/2021 13025310 EH Pest Control December 2021 $129.70 $0.00 $129.70 Western Exterminator 1/18/2022 12/22/2021 13026975 CCP Pest Control December 2021 $60.45 $0.00 $60.45 Western Exterminator 1/18/2022 12/22/2021 13026215 Library Pest Control December 2021 $136.95 $0.00 $136.95 Western Exterminator 1/18/2022 12/22/2021 13027065 CH Pest Control December 2021 $134.60 $0.00 $134.60 Totals for Western Exterminator: $461.70 $0.00 $461.70
Wex Bank-Fleet Cards
Wex Bank-Fleet Cards 1/18/2022 12/25/2021 77109633 Fleet fuel stmt end 12/25/21 $4,039.08 $0.00 $4,039.08 Totals for Wex Bank-Fleet Cards: $4,039.08 $0.00 $4,039.08 William D White Co Inc
William D White Co Inc 1/18/2022 1/4/2022 4590008CLY Repair Maint yard gate $489.82 $0.00 $489.82 Totals for William D White Co Inc: $489.82 $0.00 $489.82 Workers.com
Workers.com 1/18/2022 12/22/2021 131728 Seasonal workers week end 12/19/21 $2,988.98 $0.00 $2,988.98 Totals for Workers.com: $2,988.98 $0.00 $2,988.98
GRAND TOTALS: $187,000.70 $0.00 $187,000.70

PAYROLL RECONCILIATION SUMMARY
BL070 CITY OF CLAYTON PAY-BL070-008 V7.1 PAGE 1
GENRECSM BRANCH 31 2021-019-01 PERIOD ENDING 12/26/2021 CURRENT DATE 12/27/2021 15:17:08 CHECK DATE 12/30/2021

TOTAL SUBJECT TAXABLE EMPLOYEE EMPLOYER THIRD TOTAL
EMPLOYER TAX ID GROSS GROSS GROSS RATE % TAX WITHHELD TAX PARTY SICK TAXES DUE FEDERAL ID: 94-1568979 FEDERAL INC TAX - EMPLOYEE 94-1568979 107,009.46 92,493.47 92,493.47 13,290.61 0.00 13,290.61 SOCIAL SECURITY - EMPLOYEE 94-1568979 107,009.46 102,999.24 148.75 6.2000 9.22 0.00 9.22 MEDICARE - EMPLOYEE 94-1568979 107,009.46 102,999.24 102,999.24 1.4500 1,568.40 0.00 1,568.40 SOCIAL SECURITY - EMPLOYER 94-1568979 107,009.46 102,999.24 148.75 6.2000 0.00 9.22 9.22 MEDICARE - EMPLOYER 94-1568979 107,009.46 102,999.24 102,999.24 1.4500 0.00 1,493.52 1,493.52 FEDERAL SUB-TOTAL 14,868.23 1,502.74 16,370.97
FEDERAL UNEMPLOYMENT TAX 94-1568979 107,009.46 102,999.24 0.00 .6000 0.00 0.00 0.00

STATE INCOME TAX WITHHOLDING
CA STATE 69813822 107,009.46 92,493.47 92,493.47 5,444.10 0.00 5,444.10 STATE W/H SUB-TOTAL 5,444.10 0.00 5,444.10

STATE UNEMPLOYMENT TAXES (EMPLOYER)
CA SUTA 69813822 107,009.46 102,999.24 3,740.54 2.6000 0.00 97.25 97.25 SUTA SUB-TOTAL 0.00 97.25 97.25

COUNTY INCOME TAX WITHHOLDING
COUNTY W/H SUB-TOTAL 0.00 0.00 0.00

CITY WITHHOLDING TAXES
CITY W/H SUB-TOTAL 0.00 0.00 0.00

ALL OTHER TAXES
Calif Training 107,009.46 102,999.24 3,740.54 .1000 0.00 3.74 3.74 OTHER W/H SUB-TOTAL 0.00 3.74 3.74
TOTAL TAX LIABILITY 20,312.33 1,603.73 21,916.06
================================================================================================================================================================================

PAYROLL LIABILITY TOTALS
TOTAL NET DIRECT DEPOSITS 24 67,700.49
TOTAL PARTIAL DIRECT DEPOSITS 2 900.00
** YOUR ACCOUNT 0982504799 AT BANK 121000358 HAS BEEN DEBITED FOR 68,600.49 ** TAX LIABILITY FROM ABOVE 21,916.06
** YOUR ACCOUNT 0982504799 AT BANK 121000358 HAS BEEN DEBITED FOR 21,916.06 ** TOTAL NET CHECKS 2 3,166.30
TOTAL VENDOR ACH PAYMENTS 9 552.73
** YOUR ACCOUNT 0982504799 AT BANK 121000358 HAS BEEN DEBITED FOR 552.73 ** GRAND TOTAL PAYROLL CASH 94,235.58
Agenda Item: 4(c)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
DATE: January 18, 2022
SUBJECT: Adopt a Resolution of the City Council of the City of Clayton Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency Under AB 361
___________________________________________________________________________

RECOMMENDATION
Adopt a Resolution of the City Council allowing for video and teleconference meetings during the COVID-19 state of emergency under AB 361.

BACKGROUND
Last year, the State Legislature passed and Governor Newsom signed AB 361 which continues many of the provisions related to the Brown Act that were in place under Executive Orders, which expired September 30, 2021 that allowed for video and teleconferencing during the state of emergency. Since AB 361 has been signed into law, the City can continue to meet virtually until such time as the Governor declares the State of Emergency due to COVID-19 over and measures to promote social distancing are no longer recommended.

On September 20, 2021, the Contra Costa County Health Officer issued recommendations for safely holding public meetings and strongly recommends on-line meetings. If in-person meetings need to occur, the County Health Officer recommends social distancing of six feet of separation between all attendees. The proposed resolution provides that the City Council and all subsidiary City boards and commissions may continue to hold video and teleconference meetings while the state of emergency is still in effect and physical distancing is recommended.

In order to continue to hold video and teleconference meetings, the City Council will need to review and make findings every thirty days that the state of emergency continues to directly impact the ability of the members to meet safely in person and that state or local officials continue to impose or recommend measures to promote physical distancing.

Subject: Resolution Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency Under AB 361
Date: January 18, 2022

FISCAL IMPACT
None.

Attachment:

Resolution of the City Council Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency Under AB 361
Resolution ##-2022 January 18, 2022
RESOLUTION NO. ##-2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON

ALLOWING FOR VIDEO AND TELECONFERENCE MEETINGS DURING THE COVID-19 STATE OF EMERGENCY UNDER AB 361
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a State of Emergency for COVID-19;
WHEREAS, AB 361 was recently passed by the State Legislature and signed by Governor Newsom and went into effect immediately and allows the City to continue to meet virtually until such time as the Governor declares the State of Emergency due to COVID-19 over and measures to promote physical distancing are no longer recommended;
WHEREAS, on September 20, 2021 the Contra Costa County Health Officer issued recommendations for safely holding public meetings and strongly recommends on-line meetings and if in person meetings occur then recommends physical distancing of six feet of separation between all attendees;
WHEREAS, in light of this recommendation, the City Council desires for itself and for all other City legislatives bodies that are subject to the Brown Act to continue to meet via video and/or teleconference; and
WHEREAS, pursuant to AB 361 the City Council will review the findings required to be made every 30 days.

NOW THEREFORE BE IT RESOLVED the City Council hereby finds on behalf of itself and all other City legislative bodies: (1) a state of emergency has been proclaimed by the Governor; (2) the state of emergency continues to directly impact the ability of the City’s legislative bodies to meet safely in person; and (3) local officials continue to recommend measures to promote physical distancing.

BE IT FURTHER RESOLVED that the City Council and all other City legislative bodies will continue to meet via video and/or teleconference during the COVID-19 emergency.

PASSED AND ADOPTED by the Clayton City Council, State of California, on this 18th day of January 2022, by the following vote.

AYES:

NOES:

ABSENT:

ABSTAIN:

Resolution ##-2022 January 18, 2022

THE CITY COUNCIL OF CLAYTON,
CA
Peter Cloven, Mayor
ATTEST:
_________________________________
Janet Calderon, City Clerk
Agenda Item: 5(a)

COOPER CALABIO
for
“Doing the Right Thing”
at
Mt. Diablo Elementary School
by exemplifying great “Kindness”
November and December 2021

AARON CARBAUGH
for
“Doing the Right Thing”
at
Mt. Diablo Elementary School
by exemplifying great “Kindness”
November and December 2021

FINNIAN DUGGAN
for
“Doing the Right Thing”
at
Diablo View Middle School
by exemplifying great “Kindness”
November and December 2021

DYLAN GETTROST
for
“Doing the Right Thing”
at
Diablo View Middle School
by exemplifying great “Kindness”
November and December 2021
Agenda Item: 9(a)
1 AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Reina J. Schwartz, City Manager
DATE: January 18, 2022
SUBJECT: Adopt A Resolution Adopting A Purchasing Guidelines Policy For The Purchase Of Goods, Services, Supplies And Equipment
___________________________________________________________________________

RECOMMENDATION
Adopt a Resolution establishing a new Purchasing Guidelines Policy for the purchase of goods, services, supplies and equipment.

BACKGROUND
Until recently, the City’s purchasing guidelines had been in place and essentially unmodified since 2004. In November 2020, the purchasing guidelines were modified slightly to allow for the use of competitively procurements conducted by other public agencies. In December 2021, the City Council approved a significant improvement and modernization of the City’s purchasing rules solely as they relate to public works projects. At the time of that approval, staff indicated that a broader update to the rest of the purchasing guidelines would be brought back to the City Council for consideration in early 2022.

DISCUSSION
The goal of establishing and of updating a Purchasing Guidelines Policy is to set and maintain appropriate fiscal controls and procedures on expenditures of public funds; to maximize the City's purchasing dollar through competition when appropriate; and to provide a timely, effective method of procurement for city departments. The change approved in December 2021 streamlined and improved the efficiency of purchasing for Public Works projects through opting in to the Uniform Public Construction Cost Accounting Act. This change also included aligning the City Manager’s signature authority with the state law provision for public works projects. As a result, currently, for public works projects, those projects up to $60,000 may be approved by the City Manager provided sufficient funding has been approved and is available; all projects in excess of $60,000 must be approved by the City Council.

Subject: Adopt a Resolution Adopting a Purchasing Guidelines Policy for the Purchase of Goods, Services, Supplies and Equipment
Date: January 18, 2022

2 The proposed purchasing guidelines presented this evening would update the existing purchasing guidelines to further align all purchasing types with the fiscal limits established under the Uniform Cost Accounting Act; increasing the signature authority of the City Manager from $20,000 to $60,000 for all types of purchases, again provided sufficient Council authorized funding is available.

The other changes in the guidelines are primarily to modernize the language and to streamline it, removing a significant amount of procedural detail that can be handled more efficiently through administrative direction rather than Council adoption; for example, in defining what specific information must be included on an invoice or what level of supervisor should approve which expenditures. An operational procedure will be developed to implement the Purchasing Policy and will provide staff with direction on approval authority limits for supervisors and department heads and identify review and approval checks and balances required at all levels to ensure adequate internal controls. The proposed Purchasing Guidelines Policy fully replace those adopted by prior Resolutions.

FISCAL IMPACTS
There is no direct financial cost from updating the Purchasing Guidelines and there will likely be efficiencies through increasing administrative authority to manage a greater range of expenditures.

In terms of the impact of increasing the City Manager’s authority to $60,000, a few things should be noted. First, having all purchasing limits align with those that have now been adopted by the Council for public works projects will simplify administration of purchasing going forward. Second, the $20,000 limit has not been increased since 2004. At a minimum, adjusting for all goods inflation, the $20,000 limit would be the equivalent of at least $33,000 in today’s dollars. Third, many other cities in the County have City Manager authority set higher than Clayton (see attached table). The average authority is approximately $55,000.

ATTACHMENTS

1. Resolution Adopting New Purchasing Policy
a. Exhibit A to the Resolution – Purchasing Guidelines Policy

2. Current Purchasing Policy as of November 2020 (Resolution 54-2020)

3. Purchasing limits in other Contra Costa cities as of January 2022 Resolution ##-2022 Updated Purchasing Policy 1 January 18, 2022 RESOLUTION NO. ## - 2022

A RESOLUTION OF THE CLAYTON CITY COUNCIL

ADOPTING A PURCHASING GUIDELINES POLICY FOR THE PURCHASE OF GOODS,

SERVICES, SUPPLIES AND EQUIPMENT
WHEREAS, on May 4, 2004 the City Council of the City of Clayton adopted Ordinance No. 376 establishing Clayton Municipal Code Chapter 3.10.020 that defines procedures and guidelines for the purchasing of goods, services, supplies and equipment shall be by City Council resolution; and
WHEREAS, the goal of establishing a Purchasing Guidelines Policy was to set and maintain appropriate fiscal controls and procedures on expenditures of public funds; to maximize the City's purchasing dollar by encouraging competitive prices; and to provide a timely, effective method of procurement for city departments; and
WHEREAS, the Purchasing Policy was amended by Resolution 54-2020 to provide for additional authorized procurement methods; and
WHEREAS, the Purchasing provisions of the Clayton Municipal Code were amended in December 2021 via Ordinance to align the City’s procurement practices for public projects with the Uniform Public Construction Cost Accounting Act; and WHEREAS, the City Council desires to update the Purchasing Guidelines Policy to increase the effectiveness, efficiency and understandability of City purchasing; the various thresholds for competitive procurement and provide exceptions to the competitive procurement procedures in specified circumstances.

NOW THEREFORE BE IT RESOLVED that, the City Council of the City of Clayton, California, does hereby amend and replace in its entirety the Purchasing Guidelines Policy, as attached hereto as Exhibit A.

PASSED AND ADOPTED by the Clayton City Council, State of California, on this 18th day of January 2022, by the following vote.

AYES:

NOES:

ABSENT:

ABSTAIN:

Resolution ##-2022 Updated Purchasing Policy 2 January 18, 2022

THE CITY COUNCIL OF CLAYTON, CA
Peter Cloven, Mayor
ATTEST:
________________________________
Janet Calderon, City Clerk

Resolution ##-2022 Updated Purchasing Policy 3 January 18, 2022

EXHIBIT A
Resolution ##-2022 Purchasing Policy 1 January 18, 2022

EXHIBIT A

PURCHASING GUIDELINES POLICY
AS ESTABLISHED BY RESOLUTION ##-2022 AND
PURSUANT TO CLAYTON MUNICIPAL CODE CHAPTER 3.10.020

PURPOSE
The purpose of this Purchasing Guidelines Policy is to establish internal controls, responsibilities and authorization levels and other requirements related to purchasing goods and services for the City. This policy:
• establishes controls that identify clear authority and responsibility for purchasing activities;
• secures goods and services at the lowest cost commensurate with quality and other qualitative factors; and
• ensures appropriate levels of competition and provides equal opportunity for all qualified vendors.

This policy is adopted in accordance with Section 3.10.020 of the Clayton Municipal Code, as it may be amended from time to time.

PURCHASING OFFICER
The City Manager, or the City Manager’s designee, is the City’s purchasing officer, with the authority and the responsibility to:
1) Carry out the purchasing policies of the City,
2) Prepare or revise, in cooperation with each department, written standard specifications for purchases of goods, supplies, equipment, and services, 3) Purchase or contract for goods, supplies, equipment, and services required by City departments according to these purchasing procedures and such administrative regulations as the City Manager shall prescribe,
4) Obtain full and open a competition where required herein when purchasing or contracting for goods, supplies, equipment, and services, 5) Keep informed of current developments in the field of purchasing, prices, contracting for goods, supplies, equipment, and services,
6) Ensure the inspection of all supplies and equipment purchases to guarantee quality and conformance with City specifications,
Resolution ##-2022 Purchasing Policy 2 January 18, 2022 7) Recommend the transfer of unused supplies and equipment between departments as needed,
8) Sell supplies and equipment that cannot be used by any department or that have become unsuitable for City use
9) Maintain a contractor list in accordance with the procedures specified for Public Projects
10) Maintain any and all necessary records for the efficient operation of the purchasing function.

PURCHASING AUTHORITY
There are two (2) levels of authority applicable for the purchase of goods, supplies, equipment, materials, services, and public projects, which shall be delegated as follows:
• The City Manager is authorized to award or reject purchases, agreements, contracts, bids, proposals, statements of qualifications, purchase orders, and public projects, in an amount not to exceed sixty thousand dollars ($60,000.00).

The City Manager may approve amendments or change orders to existing purchases, agreements, contracts, purchase orders, other than for public projects, so long as the cumulative total of the contract (change order(s)/amendment(s) plus original contract amount) does not exceed sixty thousand dollars ($60,000.00).

The City Manager is authorized to award or reject change orders to contracts for public projects in an amount up to ten (10) percent of the original contract amount subject to City Council appropriation of funds.
• The City Council must award or reject purchases, agreements, contracts, bids, proposals, statements of qualifications, purchase orders, and public projects, in any amount that exceeds the City Manager’s approval authority specified above.

MAINTENANCE AND GENERAL SERVICES
Maintenance services are routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.

Maintenance services also includes the types of work set forth in Public Contract Code section 22002(d), as it may be amended from time to time.

General services are any services that are typically physical or manual in nature and do not ordinarily require specialized higher education or equivalent credentials to perform.

Contracts for maintenance services and general services shall be procured pursuant to the following processes.
• Price checking is encouraged and should be documented: 10,000.00 or less.

Resolution ##-2022 Purchasing Policy 3 January 18, 2022 • Informal quote: $10,000.01—$60,000.00.
• Formal RFP/RFQ or Formal Bid: Over $60,000.00.

GOODS, MATERIALS, SUPPLIES AND EQUIPMENT
Contracts for goods, materials, supplies and equipment shall be procured pursuant to the following processes:
• Price checking is encouraged and should be documented: 10,000.00 or less. • Informal quote: $10,000.01—$60,000.00.
• Formal RFP/RFQ or Formal Bid: Over $60,000.00.

PROFESSIONAL SERVICES
Professional services include services provided to the City by specially trained and experienced individuals related to economic, financial, engineering, planning, architectural, environmental, legal, administrative, or other similar services. Contracts for professional services shall be procured pursuant to the following processes:
• Assess best value/qualifications: $10,000.00 or less. • Informal quote: $10,000.01—$60,000.00.
• Formal RFP/RFQ: Over $60,000.00.

PUBLIC PROJECTS
Public Projects shall be procured in accordance with Section 3.10.060 of the Clayton Municipal Code, as it may be amended from time to time. For ease of reference, those procedures are restated herein, but will be superseded by any future update of the Clayton Municipal Code that creates a conflict with the provisions specified hereunder.

A. Definitions. For the purposes of this section, the following words and phrases shall have the following meanings:

1. “Act” means the Uniform Public Construction Cost Accounting Act (California Public Contracts Code Section 22000 et seq.).

2. “City” means the City of Clayton.

3. “Commission” means the California Uniform Construction Cost Accounting Commission.

4. “Public project” has the meaning assigned to it under Public Contract Code Section 22002, as it may be amended from time to time.

Resolution ##-2022 Purchasing Policy 4 January 18, 2022 B. Public Project Contracting Procedures. The City shall follow the contracting procedures set forth in Article 3 of the Act (Public Contract Code Section 22030 et seq.).

C. Contractors List. The City Manager, or his or her designee, shall compile and maintain a list of qualified contractors identified according to categories of work. This list shall comply with the requirements of the Act and the criteria promulgated, from time to time, by the Commission.

D. Informal Bidding.

1. When a public project is to be performed which qualifies for informal bidding, notice of such project shall be given as follows except where the product or service is proprietary:
a. Notice shall be sent to all contractors on the contractors list for the category of work being bid or notice shall be given to all construction trade journals specified by the Commission for the receipt of such notice for Contra Costa County; and
b. Additional notice to other contractors and/or trade journals may, in the discretion of the City, be given.

2. If the product or service to be acquired is proprietary in nature such that it can only be obtained from a certain contractor or contractors, notice inviting bids may be sent only to such contractor or contractors in accordance with Public Contract Code section 3400 et seq.

3. All mailing of notices to contractors and/or construction trade journals shall be completed not less than ten days before bids are due.

4. The notice shall describe the project in general terms, how to obtain more detailed information about the project and shall state the time and place for submission of bids.

E. Formal Bidding.

1. When a public project is to be performed which qualifies for formal bidding, notice of such project shall be given as follows except where the product or service is proprietary:
a. Notice shall be given to all construction trade journals specified by the Commission for the receipt of such notice for Contra Costa County and notice shall be published in a newspaper of general circulation printed and published or circulated in the City; and
Resolution ##-2022 Purchasing Policy 5 January 18, 2022 b. Additional notice to other contractors and/or trade journals may, in the discretion of the City, be given.

2. If the product or service to be acquired is proprietary in nature such that it can only be obtained from a certain contractor or contractors, notice inviting bids may be sent only to such contractor or contractors in accordance with Public Contract Code section 3400 et seq.

3. All notices to construction trade journals shall be completed not less than fifteen days before bids are due. All notices shall be published in a newspaper of general circulation not less than fourteen days before bids are due.

4. The notice shall describe the project in general terms, how to obtain more detailed information about the project and shall state the time and place for submission of bids.

F. Award of Contracts. The City Manager is authorized to award contracts for public projects up to the amount specified in this policy. The City Council shall award all contracts in excess of the foregoing amount.

G. Rejection of Bids. The City Manager or the City Council, as the case may be, may, in the City Manager’s or City Council’s discretion, reject all bids and proceed as authorized by the Act.

H. Emergencies. Emergency work shall be contracted for in accordance with Public Contract Code Sections 22035 and 22050.

INFORMAL QUOTE PROCESS
The informal quote process shall follow, at a minimum, the following guidelines.

A. Minimum Number of Quotes. Selection of a vendor based on the informal quote process shall, whenever possible, be based on at least three (3) quotes.

B. Soliciting Quotes. The originating department shall solicit quotes from prospective vendors by written or verbal requests.

C. Award of Contract. Informal quote-based purchases shall be awarded to the vendor presenting a quote that is in the City’s best interests as determined by the purchasing officer. Contracts for professional services shall be awarded on the basis of demonstrated competence and professional qualifications. The purchasing officer may reject all quotes received in its discretion.

D. Additional Procurement Requirements. In circumstances where more restrictive requirements apply (e.g., grant funding requirements), the City will follow the more restrictive requirements to the extent required by the external source of procurement requirements.

Resolution ##-2022 Purchasing Policy 6 January 18, 2022

FORMAL REQUEST FOR PROPOSAL OR REQUEST FOR QUALIFICATIONS

PROCESS
The formal RFP or RFQ process shall follow, at a minimum, the following guidelines.

A. Preparing RFP or RFQ. The originating department shall prepare the RFP or RFQ, which shall contain, among other details, scope of the problem or objective, a general description of the goods or services to be purchased, anticipated schedule, proposal or SOQ evaluation factors, City expectations, limitations, contractual requirements, types of experience and qualifications considered in the evaluation, and other requirements specific to the procurement scope.

B. Solicitation Requirements. In issuing the RFP or RFQ, the originating department shall prepare a list of at least three (3) potential vendors to receive the RFP or RFQ, and where deemed appropriate by the purchasing officer, advertise the RFP or RFQ in a local newspaper of general circulation or other forums. The City shall allow a reasonable length of time, based on the complexity and size of the project, between solicitation and closing dates to provide potential respondents time to respond.

C. Distribution of Responses. All proposals or SOQs received by the City in response to an RFP or RFQ shall be time stamped either manually or electronically and submitted to the originating department for review.

D. Evaluation. Proposals or SOQs shall be evaluated by a selection committee, appointed by the department head of the originating department, subject to the approval of the purchasing officer, based upon the evaluation criteria specified in the RFP or RFQ.

E. Award of Contract. Contract award, if made, shall be made based upon the terms of the RFP or RFQ. The City Council, or its designee, may award a contract and reject all or any proposals or SOQs in its discretion.

E. Specified Professional Services. If the RFP or RFQ is for the procurement of professional services of an architectural, landscape architectural, engineering, environmental, or land surveying nature, the evaluation factors must address the demonstrated competence and professional qualifications of the respondents and ensure the cost is reasonable.

F. Additional Procurement Requirements. In circumstances where more restrictive requirements apply (e.g., grant funding requirements), the City will follow the more restrictive requirements to the extent required by the external source of procurement requirements.

Resolution ##-2022 Purchasing Policy 7 January 18, 2022

FORMAL BIDDING PROCESS
The formal bidding process shall follow, at a minimum, the following guidelines.

A. Notice Inviting Bids. Notice inviting bids shall include: (i) a general description of the goods or services to be procured; (ii) where bid forms and specifications may be obtained; and (iii) the date, time, and place for opening of the bids. The publication or posting of the notice inviting bids either electronically or in hard copy shall be conducted at least ten (10) days before the date of opening bids unless the purchasing officer deems a shorter or longer period of solicitation is necessary based on applicable circumstances.

B. Bid Security. When deemed necessary by the purchasing officer, bid security may be prescribed in the notice inviting bids. Bidders shall be entitled to the return of bid security; provided, however, a successful bidder shall forfeit his or her bid security upon his refusal or failure to execute the contract within the time specified in the bid documents following award of the contract, unless the City is solely responsible for the delay in executing the contract. The Purchasing Officer or originating department, on the refusal or failure of the successful bidder to execute the contract, may award it to the next lowest responsible bidder submitting a responsive bid.

C. Bid Opening. Sealed bids shall be submitted in accordance with the requirements of the notice inviting bids and shall be clearly identified as a response to a particular bid solicitation. Upon receipt, the City shall date and time stamp the bid package either electronically or manually. Bids shall be opened in public either in a physical or electronic setting at the time and place stated in the notice inviting bids.

D. Rejection of Bids. In its discretion, the City Council, or its designee, may reject any and all bids, accept or reject any one or more items of a bid, or waive any irregularities or informalities in the bids or the bidding process if to do so is deemed to best serve the interests of the City. If, after the first invitation of bids, all bids are rejected, the City may elect to re-advertise for bids pursuant to the procedure prescribed in this section or have the project done by any alternative means.

E. Award of Contract. Contract award, if made, shall be made by the City Council to the lowest responsible bidder submitting a responsive bid.

F. Tie Bids. If two (2) or more bids received are for the same total amount, with quality being equal, the City Council may accept the bid it chooses or accept the lowest bid made after negotiation with the tied bidders.

G. Additional Procurement Requirements. In circumstances where more restrictive requirements apply (e.g., grant funding requirements), the City will follow the more restrictive requirements to the extent required by the external source of procurement requirements.

Resolution ##-2022 Purchasing Policy 8 January 18, 2022

EXCEPTIONS TO COMPETITIVE PROCUREMENT REQUIREMENTS
As an exception to the procurement procedures in these guidelines, purchases may be made without engaging in the competitive procurement procedures set forth herein, except for Public Projects, when the City Manager or City Council (subject to the dollar limits in these guidelines) approve of such non-competitive procurement under any of the following circumstances:

A. Where the procurement of goods, supplies, equipment, materials, or services is necessitated by reason of emergency circumstances where the procurement is required to prevent the immediate interruption or cessation of necessary City services or to safeguard life, property, or the public health and welfare.

B. Where (1) it is in the City’s best interests to rely upon a contract procured by another public agency; (2) a competitive procurement procedure has been conducted for that contract by the public agency (i.e., another local agency, the State through the California Multiple Award Schedule (CMAS), the federal government through the General Services Administration (GSA), or a joint powers agency, authority or alliance that procures competitive contracts); and (3) the price and terms to the City are equal to or better than the price and terms to that public agency.

C. When only one known source of the goods, supplies, equipment, materials, or services is available. For example, where a particular piece of equipment is of a specialized nature and may only be obtained from one known vendor.

D. When the procurement is for (1) utility services; (2) services necessary to conduct City meetings or events; (3) IT related services; (4) banking services; (5) the acquisition, lease or rental of real property; (6) services and equipment necessary to maintain standardization with existing services or equipment utilized by the City or 7) services are paid through a developer deposit on private development projects or other pass-through services.

E. If competitive procurement would not produce an advantage, or it is impracticable to obtain what is required because of the unique nature of the procurement.

F. Where it is in the best interests of the City to do so as otherwise permitted by applicable law.

Prior to award of a contract under any of the foregoing exceptions, the City Manager shall certify that the contract is exempt from competitive procurement and shall set forth in the certification reasons for that determination.

CITY PURCHASING AUTHORITY AS OF JANUARY, 2022
Antioch $50,000
Brentwood $50,000 per fiscal year or $100,000 total
Clayton $60,000 for public projects
$20,000 for all other procurements
Concord $75,000
Danville $25,000
El Cerrito $45,000
Hercules $50,000 for General purposes
$100,000 for Public Works Capital Project
Martinez $75,000 Professional services
$100,000 General Services
Moraga $25,000
Oakley $50,000
Orinda $60,000
Pinole PW Contracts $200,000
Non-PW Contracts $45,000
Pittsburg $75,000
Pleasant Hill $25,000 (professional services, budgeted) In any amount for goods or services if funds have been appropriated in the budget.

Richmond $10,000 – set by City Charter
San Pablo $50,000
San Ramon $100,000
Walnut Creek $85,000 for general purchasing
Agenda Item: 9(b)
1 AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Reina J. Schwartz, City Manager
DATE: January 18, 2022
SUBJECT: Adopt a Resolution Approving One-Time Essential Worker Premium Pay for City Employees and Appropriating American Rescue Plan Act (ARPA) Funding for Implementation
___________________________________________________________________________

RECOMMENDATION
Adopt a Resolution approving one-time premium pay for City employees as Essential Workers and appropriating American Rescue Plan Act (ARPA) funds for implementation.

BACKGROUND
In March 2021 the Federal Government passed the American Rescue Plan Act (ARPA), which had total funding of $1.9 trillion. This included $350 billion in funding to States, Localities, and Tribal Governments. This program is separate from Federal grants targeting both institutions and businesses that were impacted by the COVID-19 Pandemic. The City of Clayton is expected to receive a total of $2,934,049 in two installments of approximately $1,467,025 each.

On November 16, 2021, the City Council approved program parameters and appropriated funding from ARPA for a Clayton Cares program to provide assistance to small businesses and low-income households related to COVID economic impacts. The program that was approved for Clayton Cares had the following financial parameters:
• Allocating funds available from the First Tranche of ARPA funds totaling $1,467,025 as follows:
o Administrative costs estimated to be $150,000
o Clayton Cares program allocating the remaining funds as follows:
 75% to a Business/Non-Profit Loan/Grant program (~$988,000), and Subject: Adopt a Resolution Approving One-Time Essential Worker Premium Pay for City Employees and Appropriating ARPA Funding for Implementation
Date: January 18, 2022

2  25% to a Household Assistance program (~$329,000)
Based on the approved parameters, the Clayton Cares program was launched December 1, 2021. The current status of the Clayton Cares program is shown below. No complete applications have been submitted which did not qualify except in cases where an individual applied for both the household and business grants (not allowed under the program criteria) or applied twice (in which case one application was granted). • Household grants: 2 grants @ $1,500 each; $3,000
o 8 additional applications have been downloaded but not submitted • Business/Non-profit grants: 28 grants @ $5,000 each; $140,000 o 6 additional applications have been downloaded but not submitted Including the anticipated administrative costs, the total spent to date is approximately $300,000; significantly below the total available even in just the first tranche. While the City Council will consider under a separate item whether adjustments should be made to the Clayton Cares program which could increase the take rate and costs beyond what has been expended to date, there appears to be sufficient funding to consider a program for one-time Premium Pay for Essential City workers.

DISCUSSION
As part of the City Council discussion at the January 4, 2022 Council meeting, the Council requested that the City Manager return with a program that:
• Considered the use of up to approximately ten percent of the programmatic funding available from ARPA funds to be used for a Premium Pay for Essential Workers program (a total of up to approximately $270,000).
• Provided for a one-time Premium Pay amount of $10,000 per current permanent fulltime employee and a scaled amount for each current permanent part-time employee, employed by the City provided that such a payment is consistent with the requirements for use of ARPA funds.

Under the ARPA guidelines, the definition of Essential Worker eligible for Premium pay is as follows:

Essential workers are those in critical infrastructure sectors who regularly perform inperson work, interact with others at work, or physically handle items handled by others.

Within the context of the COVID-19 pandemic, local government has been considered to be a critical infrastructure sector and City of Clayton employees have been interacting and continue to interact with the public and maintain an in-office presence (interacting with others in the office) on a regular basis. ARPA funding also requires that providing premium pay for essential workers cannot result in any employee making more (including the premium pay) than 150 percent of the median salary for the occupation in the San Francisco Metropolitan Area. All Clayton employees meet this eligibility criterion.

Subject: Adopt a Resolution Approving One-Time Essential Worker Premium Pay for City Employees and Appropriating ARPA Funding for Implementation
Date: January 18, 2022

3 FISCAL IMPACTS
The City of Clayton has been allocated $2,934,049 under the ARPA. All funds must be encumbered by December 2024 and spent no later than December 2026. Any unspent funds must be returned to the federal government.

For purposes of calculation, as of January 1, 2022, the City has 24 permanent full-time City employees and 2 permanent part-time (60%) employees that meet the criteria described above. Keeping the recommendation to exclude the City Manager from the program, the costs would total $242,000, which is in line with the goal of approximately 10 percent of the available ARPA funding to be used for this purpose:
• Permanent full-time: 23 * $10,000 = $230,000
• Permanent part-time (60%): 2 * $6,000 = $12,000
The funding for this program can be made available by re-allocating a portion of the previously approved appropriations for first tranche of the Clayton Cares programs by a total of $242,000 (proportionately $60,500 from the Household program and $181,500 from the Business/NonProfit program) to fund the payments.

ATTACHMENTS

1. Resolution
Resolution ##-2022 ARPA Premium Pay January 18, 2022
RESOLUTION NO. ##-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON APPROVING ONETIME ESSENTIAL WORKER PREMIUM PAY FOR CITY EMPLOYEES AND

APPROPRIATING AMERICAN RESCUE PLAN ACT FUNDS FOR IMPLEMENTATION

THE CITY COUNCIL
City of Clayton, California
WHEREAS, The American Rescue Plan Act of 2021 (ARPA) was signed by the President on March 11, 2021. Part of this package includes the Coronavirus State and Local Fiscal Recovery Fund (CSLFR), which provides approximately $350 billion in new federal fiscal assistance for states, territories, tribes, counties, and municipalities; WHEREAS, Clayton will receive approximately $2.9 million in funding from the CSLFR to be spent in alignment with the requirements of the American Rescue Plan Act; WHEREAS, Clayton has already received one half of the total funds allocated to the City; and
WHEREAS, the US Treasury Department is responsible for administration and distribution of CSLFR funds and issued its Final Rule on January 6, 2022, along with its State and Local Fiscal Recovery Funds Compliance and Reporting Guidance (CRG), Version 2.1 on November 15, 2021, that establish the provisions for the use and reporting of CSLFR funds; and
WHEREAS, the CRG specifies valid Expenditure Categories (EC) for the reporting of expenditure of CSLFR funds; and
WHEREAS, the City Council of the City of Clayton finds that the City of Clayton employees are Essential Workers eligible for Premium Pay as defined in the guidance for use of the ARPA; and
WHEREAS, administrative expenditures will continue to be incurred by the City to directly administer CSLFR funds in the areas of Evaluation and Data Analysis (EC 7.2) and other Administrative Expenses (EC 7.1).

NOW, THEREFORE, BE IT RESOLVED, that the City Council of Clayton, California, does hereby:

1. Authorize one-time Premium Pay amounts of $10,000 per permanent full-time employee as of January 1, 2022 (to be prorated for part-time employees at their budgeted percentage);

2. Reduce the previously approved appropriations for first tranche of the Clayton Cares programs by a total of $242,000 (proportionately $60,500 from the Resolution ##-2022 ARPA Premium Pay January 18, 2022
Household program and $181,500 from the Business/Non-Profit program) to fund the payments;

3. Appropriate $242,000 in ARPA funds for the purpose of funding the Premium Pay in compliance with the requirements of the American Rescue Plan Act;

4. Direct the City Manager or designee to develop the necessary administrative procedures to implement and report expenditure of such funds to the Treasury Department; and

5. Authorize the City Manager to disburse such funds.

PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California, at a regular public meeting thereof held on the 18th day of January 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA
Peter Cloven, Mayor
ATTEST:

Janet Calderon, City Clerk
Agenda Item: 9(c)
1 AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Reina J. Schwartz, City Manager
DATE: January 18, 2022
SUBJECT: Update on Final American Rescue Plan Act (ARPA) Rules and Recommending Adoption of a Resolution Amending the Criteria for the Clayton Cares Program
___________________________________________________________________________

RECOMMENDATION
Receive a brief update on the Final Rule for ARPA (American Rescue Plan Act) funding and recommend adoption of a Resolution amending the criteria for the Clayton Cares Program.

BACKGROUND
In March 2021 the Federal Government passed the American Rescue Plan Act (ARPA), which had total funding of $1.9 trillion. This included $350 billion in funding to States, Localities, and Tribal Governments. This program is separate from Federal grants targeting both institutions and businesses that were impacted by the COVID-19 Pandemic. The City of Clayton is expected to receive a total of $2,934,049 in two installments of approximately $1,467,025 each.

On January 6, 2022, the US Treasury department released its final guidance on the ARPA funds for state and local governments. There are a few areas in which the final guidance provides more detail and often more flexibility than did the earlier guidance (see below). • Treasury has expanded the non-exhaustive list of uses that recipients can use to respond to COVID-19 and its economic impacts. This includes clarifying that recipients can use funds for certain capital expenditures to respond to public health and economic impacts and making services like childcare, early education, addressing learning loss, and affordable housing development available to all communities impacted by the pandemic.
• Treasury has expanded support for public sector hiring and capacity including the ability to temporarily hire above pre-pandemic levels for critical projects as well as Subject: Update on Final ARPA Rules and Recommending Adoption of a Resolution Amending the Criteria for the Clayton Cares Program
Date: January 18, 2022

2 providing worker retention incentives, including reasonable increases in compensation to persuade employees to remain with the employer as compared to other employment options.
• Treasury has streamlined options to provide premium pay for essential workers. • Treasury has broadened eligible water, sewer, and broadband infrastructure projects (including maintenance) – understanding the unique challenges facing each state and locality in delivering clean water and high-speed broadband to their communities. • Treasury has simplified the program for small localities seeking revenue recapture through the option to elect a standard allowance of $10 million for revenue loss (not to exceed the total award amount) rather than calculating revenue loss through a specified formula.

This means that there are substantially more options for the City to use ARPA funds going forward, including but not limited to:
• City technology needs (software, hardware and cybersecurity) • Unmet City deferred maintenance including City Hall (boiler and HVAC); radar speed trailer (needs replacement); energy efficiency improvements etc. • Additional equipment rental to allow for increased physical distancing for COVID safety.
• Funding for temporary additional accounting and other staffing to respond to COVIDrelated work backlogs. • Additional funding for Town Center pedestrian improvements. • Grant match funding for Clayton Community Park playground replacements. • Additional ADA curb ramp work and/or increased street paving work. • Unfunded Stormwater Management projects and maintenance.

While these additional categories could immediately be funded with ARPA funds under the category of making up for revenue loss (for which Clayton didn’t initially qualify), the City Council has stated a clear initial priority to provide funding to households, small businesses and small non-profits in the community that have been suffering economically due to the impacts of COVID-19. Once the City Council has made any desired modifications to the Clayton Cares program (discussed below) as well as having considered funding one-time Premium Pay for Essential City Employees, the Council can discuss how a portion of the ARPA funds might be spent on these broader purposes assisting the City in moving forward in a strong position.

DISCUSSION
On November 16, 2021, the City Council approved program parameters and appropriated funding from ARPA for a Clayton Cares program to provide assistance to small businesses Subject: Update on Final ARPA Rules and Recommending Adoption of a Resolution Amending the Criteria for the Clayton Cares Program
Date: January 18, 2022

3 and low-income households related to COVID economic impacts. The program that was approved for Clayton Cares had the following financial parameters:
• Allocating funds available from the First Tranche of ARPA funds totaling $1,467,025 as follows:
o Administrative costs estimated to be $150,000
o Clayton Cares program allocating the remaining funds as follows:
 75% to a Business/Non-Profit Loan/Grant program (~$988,000), and  25% to a Household Assistance program (~$329,000)
Based on the approved parameters, the Clayton Cares program was launched December 1, 2021. The current status of the Clayton Cares program is shown below. No complete applications have been submitted which did not qualify except in cases where an individual applied for both the household and business grants (not allowed under the program criteria) or applied twice (in which case one application was granted). • Household grants: 2 grants @ $1,500 each; $3,000
o 8 additional applications have been downloaded but not submitted • Business/Non-profit grants: 28 grants @ $5,000 each; $140,000 o 6 additional applications have been downloaded but not submitted Including the anticipated full administrative costs, the total spent to date from the first tranche is approximately $300,000; significantly below the total available even in just the first tranche.

Based on data from the first month of the Clayton Cares program as well as additional guidance from the U.S. Department of Treasury in the form of a Final Rule governing the expenditure of ARPA funds, staff recommends that the City Council consider the following changes to the Clayton Cares program.

Increase Income Threshold for Household Assistance. In the initial approval of the Clayton Cares program, eligible households were required to have a household income of no more than 50 percent of area median income (by family size). Based on the updated guidance in the Final Rule, staff recommends that the Household Income Threshold be increased from 50 percent of area median income by family size, to 65 percent of area median income. Under this scenario, a family of four (for example) could now have income up to $89,050, up from $68,500 under the 50 percent criteria.

Increase Grant Amounts for Households and Small Businesses/Non-Profits. The initial parameters for the grants approved by the City Council were set conservatively to ensure that as many grants as possible could be provided given the funding available. Now that we have more than one month of data from the program, it appears that the grant amounts could be increased in order to provide households and businesses/non-profits suffering from negative economic impacts of the pandemic greater assistance. The initial household grant amount was set at $1,500 and the business/non-profit grant at $5,000. Based on the initial data, it is recommended that all grant amounts be increased to $10,000 for either a qualifying household or a small business/non-profit.

Subject: Update on Final ARPA Rules and Recommending Adoption of a Resolution Amending the Criteria for the Clayton Cares Program
Date: January 18, 2022

4 Extend Deadlines. The initial approvals for the Clayton Cares program set a deadline of January 31, 2022 for the Business/Non-Profit grants and February 28, 2022 for the Household grants. It is recommended that the deadline for both grant programs be extended to June 30, 2022 or when funds from the initial allocation are exhausted.

In addition to potential program changes, staff will work to increase outreach to businesses, non-profits and individuals using both digital means (website, social media) as well as looking for opportunities to leverage other existing avenues of communication in the community (flyers at key locations, etc.).

FISCAL IMPACTS
A summary of the fiscal impacts of the City Council’s decisions to date and recommendations before the City Council this evening is shown below:

Purpose Business/Non-Profit Household
Initial appropriation $988,000 $329,000
Funding allocated (as of
1/12/22)
-$140,000
(28 grants)
-$3,000
(2 grants)
Less funding re-allocated to
Essential Worker Premium
Pay
-$181,500 -$60,500
Remaining balance $666,500 $256,500
Increase grants to $10,000
for each initial grantee
-$140,000 -$17,000
Updated balance $520,500 $248,500
Number of potential
available New grants
available at $10,000
52 24
It should be noted that:
• The grant amounts could be set at a level other than $10,000. • The ratio of funding available to businesses/non-profits vs households could be shifted.

Subject: Update on Final ARPA Rules and Recommending Adoption of a Resolution Amending the Criteria for the Clayton Cares Program
Date: January 18, 2022

5 • This recommendation still applies only to the first tranche of funding.

Recommendations on the second tranche of funding will be made closer to July when the funding will be available.

ATTACHMENTS

1. Resolution
Resolution No. ##-2022 Revised Clayton Cares Page 1 of 2 January 18, 2022 RESOLUTION NO. ##-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON

AMENDING PROGRAM PARAMETERS FOR THE CLAYTON CARES PROGRAM

THE CITY COUNCIL
City of Clayton, California
WHEREAS, The American Rescue Plan Act of 2021 (ARPA) was signed by the President on March 11, 2021. Part of this package includes the Coronavirus State and Local Fiscal Recovery Fund (CSLFR), which provides approximately $350 billion in new federal fiscal assistance for states, territories, tribes, counties, and municipalities;
WHEREAS, Clayton will receive approximately $2.9 million in funding from the CSLFR to be spent in alignment with the requirements of the American Rescue Plan Act;
WHEREAS, Clayton has already received one half of the total funds allocated to the City; and
WHEREAS, the US Treasury Department is responsible for administration and distribution of CSLFR funds and issued its Final Rule on January 6, 2022, along with its State and Local Fiscal Recovery Funds Compliance and Reporting Guidance (CRG), Version 2.1 on November 15, 2021, that establish the provisions for the use and reporting of CSLFR funds; and
WHEREAS, the CRG specifies valid Expenditure Categories (EC) for the reporting of expenditure of CSLFR funds; and
WHEREAS, the City Council of the City of Clayton finds that a key priority for expenditure of ARPA funds be focused on direct assistance to small businesses and households within the City of Clayton; and
WHEREAS, based on the City’s priorities and its review of the FR and CRG, the City is eligible to use the CSLFR funds to address the negative economic impacts of the pandemic by providing Small Business Economic Assistance – General (EC

2.9) and Household Assistance: Cash Transfers (EC 2.3); and WHEREAS, administrative expenditures will be incurred by the City to directly administer CSLFR funds in the areas of Evaluation and Data Analysis (EC 7.2) and other Administrative Expenses (EC 7.1).

NOW, THEREFORE, BE IT RESOLVED, that the City Council of Clayton, California, does hereby:

Resolution No. ##-2022 Revised Clayton Cares Page 2 of 2 January 18, 2022

1. Amend the Clayton Cares Grant Program to provide additional funding for direct assistance to Clayton small businesses, non-profits and households in compliance with the requirements of the American Rescue Plan Act;

2. Revise the grant amounts for the Household Assistance and Small Business/Non-Profit Assistance programs to $10,000 per recipient.

3. Direct the City Manager or designee to develop the necessary administrative procedures to implement and report expenditure of such funds to the Treasury Department; and

4. Authorizes the City Manager to disburse such funds with appropriate, authorized signatures in advance of formal Council approval on a warrant register published at the next regularly scheduled City Council meeting after disbursement.

PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California, at a regular public meeting thereof held on the 18th day of January 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA
Peter Cloven, Mayor
ATTEST:

Janet Calderon, City Clerk
Agenda Item: 9(d)
1 AGENDA REPORT
TO: HONORABLE VICE MAYOR AND COUNCIL MEMBERS
FROM: Peter Cloven, Mayor
DATE: January 18, 2022
SUBJECT: First Amendment to City Manager Employment Agreement with Reina Schwartz
___________________________________________________________________________

RECOMMENDATION
The City Council authorize the Mayor to execute the First Amendment to the City Manager Employment Agreement with Reina Schwartz.

BACKGROUND
The City approved a City Manager Employment Agreement with Reina Schwartz effective December 14, 2021 (“Agreement”). The Agreement provides for eligibility for increased compensation after the first anniversary date of the Agreement.

DISCUSSION
Attached for consideration and approval is a First Amendment to the City Manager Employment Agreement with Reina Schwartz. The First Amendment provides for an annual salary of $221,450 and a monthly contribution of $800 paid directly into the deferred compensation plan effective December 27, 2021.

FISCAL IMPACTS
The increased compensation shall result in an additional $6,450 per year and an additional $4,800 per year in deferred compensation.

ATTACHMENTS

1. City Manager Employment Agreement
2 2. First Amendment
1 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
THIS FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT (“First Amendment”) is between the City of Clayton, a municipal corporation (the “City”) and Reina J.

Schwartz (“Employee”). It is effective on the latest date next to the signatures on the last page (“the Effective Date”).

This First Amendment is entered into on the basis of the following facts, among others:

A. The City and Employee entered into that certain Employment Agreement with an Effective Date of December 14, 2020 (“Agreement”).

B. The parties have been in discussions regarding this First Amendment since December 2021.

C. The City Council desires to amend the Agreement to increase the compensation as provided for in this First Amendment.

BASED UPON THE FOREGOING, THE CITY AND EMPLOYEE AGREE AS FOLLOWS:

1. Section 6 entitled “Compensation” is hereby amended as follows:
“6. Compensation. As of December 27, 2021, Employee shall receive the base annual salary of Two Hundred Twenty-One Thousand Four Hundred Fifty Dollars ($221,450), payable on a pro-rata basis on established paydays and in accordance with payroll in the same manner as all full-time City employees, and subject to all applicable payroll taxes and withholdings.”

2. Section 8(c)(ii) entitled “Deferred Compensation” is hereby amended as follows:
“(ii) Deferred Compensation: Employer maintains a deferred compensation plan pursuant to Internal Revenue Code Section 457 (“the Plan”). As of December 27, 2 2021, Employer shall provide a monthly contribution of $800, paid directly into the Plan on Employee’s behalf. In addition, Employee shall be allowed to make contributions from her own wages to the Plan, subject to limitations and restrictions imposed by the Plan and applicable law.”

3. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement, shall remain in full force and effect.

Dated: CITY OF CLAYTON
By
Peter Cloven, Mayor
Dated: EMPLOYEE
Reina J. Schwartz
Attest:

Janet Calderon, City Clerk
[Type here] Agenda Item: 9(e)

STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: REINA SCHWARTZ, CITY MANAGER
DATE: JANUARY 18, 2022
SUBJECT: A Resolution of the City Council of the City of Clayton Adopting the City of Clayton’s Salary Schedule Effective December 27, 2021 in Conformance with CalPERS Requirements to Provide a Publicly Available Salary Schedule.

RECOMMENDATION
Staff recommends that the City Council adopt a Resolution Adopting the City of Clayton’s Salary Schedule Effective December 27, 2021 in Conformance with CalPERS Requirements to Provide a Publicly Available Salary Schedule.

BACKGROUND
In order to confirm that CalPERS will appropriately consider the City of Clayton’s employee compensation earnable when calculating retirement benefits, the City of Clayton’s Salary Schedule is required to be formally adopted by the City Council in a public meeting. Further documents including pay rate and any special compensation must be made publicly available.

DISCUSSION
Staff is requesting that City Council formally adopt an updated City Employee Salary Schedule for FY2021/22. It reflects the classifications and salaries included in the FY2021/22 Budget as well as an amendment to the City Manager’s employment agreement. State law requires that the City Council at least annually approve the full salary schedule and that the City make it available publicly.

The revised Salary Schedule will be posted on the website effective January 19, 2022.

FISCAL IMPACT
Any fiscal impacts associated with the change in salary schedule will be addressed at the Midyear Budget review for theFY2021/22 Budget.

Attachments
Attachment 1: Resolution of the City Council of the City of Clayton Adopting the City of Clayton’s Salary Schedule Effective December 27, 2021 in Conformance with CalPERS Requirements to Provide a Publicly Available Salary Schedule.

Attachment 2: FY2021/22 City Employee Salary Schedule (updated as of December 27, 2021) 1 of 1
RESOLUTION NO. ##-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON ADOPTING THE CITY OF CLAYTON’S SALARY SCHEDULE EFFECTIVE DECEMBER 27, 2021 IN CONFORMANCE WITH CALPERS

REQUIREMENTS TO PROVIDE A PUBLICLY AVAILABLE SALARY

SCHEDULE
WHEREAS, the California Public Employees Retirement System (CalPERS) regulations require member agencies formally adopt a publicly available pay schedule under Government Code Section 20636(b)(1) and California Code of Regulations (CCR) Section 570.5; WHEREAS, the City Council of the City of Clayton has the authority to implement these requirements;
WHEREAS, the information contained in the salary schedule effective as of December 27, 2021 for FY2021/22 reflects approved employee contracts, memoranda of understanding with the City’s labor group and various City resolutions governing compensation; and WHEREAS, CalPERS regulations require all of this information be included in one document.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Clayton hereby adopts the salary schedule effective December 27, 2021 for FY2021/22 as shown in Exhibit A.

ADOPTED ON January 18, 2022 by the City Council of the City of Clayton by the following vote count:

AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA
_________________________________
Peter Cloven, Mayor
ATTEST
_________________________
Janet Calderon, City Clerk
Elected / Appointed Officials All
Council Member $ 470
Planning Commissioner $ 120
Administration A B C D E
City Manager $ 15,182 $ 15,941 $ 16,738 $ 17,575 $ 18,454 Assistant to the City Manager $ 7,075 $ 7,419 $ 7,790 $ 8,179 $ 8,588 City Clerk / HR Manager $ 6,259 $ 6,572 $ 6,901 $ 7,246 $ 7,608 Finance A B C D E
Finance Director $ 9,499 $ 9,974 $ 10,473 $ 10,996 $ 11,546 Accounting Technician $ 4,904 $ 5,149 $ 5,407 $ 5,677 $ 5,961 Office Assistant / Code Enforcement Officer $ 4,083 $ 4,287 $ 4,502 $ 4,727 $ 4,963 Public Works A B C D E
Maintenance Supervisor $ 5,965 $ 6,263 $ 6,576 $ 6,905 $ 7,250 Maintenance Senior $ 4,921 $ 5,167 $ 5,425 $ 5,697 $ 5,982 Maintenance Worker I $ 4,074 $ 4,278 $ 4,492 $ 4,716 $ 4,952 Maintenance Worker II $ 4,492 $ 4,717 $ 4,952 $ 5,200 $ 5,460 Community Development A B C D E
Community Development Director $ 9,499 $ 9,974 $ 10,473 $ 10,996 $ 11,546 Assistant Planner $ 6,130 $ 6,295 $ 6,609 $ 6,940 $ 7,287 Police A B C D E
Chief of Police $ 10,307 $ 10,822 $ 11,363 $ 11,932 $ 12,528 Police Sergeant $ 7,238 $ 7,600 $ 7,980 $ 8,379 $ 8,798 Police Officer $ 6,160 $ 6,468 $ 6,791 $ 7,131 $ 7,488
Police Office Coordinator $ 4,614 $ 4,845 $ 5,087 $ 5,341 $ 5,608 Police Admin Clerk $ 4,083 $ 4,287 $ 4,502 $ 4,727 $ 4,963

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Schedule incorporates base salary range as per the terms of the City Manager contract effective December 27, 2021 as approved by the City Council on January 18, 2022.

Uniform allowance for all sworn public safety officers: $600 bi-annually.

Bi-lingual pay based on eligibility: $75/month.

Car Allowance: Chief of Police $400/month; Community Development Director: $345/month; Assistant to City Manager: $345/ month; City Manager $400/month.

Schedule incorporates base salary ranges as per the terms of the three (3) year Police Officers Association (POA) labor negotiation agreement effective through June 30, 2024 and presented to the City Council for approval at the scheduled June 29, 2021 City Council meeting.

Schedule incorporates base salary ranges as per the terms of the two-year Miscellaneous Group labor negotiation agreement adopted by the City Council on October 6, 2020 and effective through June 30, 2022.

City of Clayton - Employee Compensation Schedule
Fiscal Year 2021/22
Full-Time Equivalent Monthly Compensation
Step Level