Clayton City Council
November 15, 2022

AGENDA

REGULAR MEETING
* * *

CLAYTON CITY COUNCIL
* * *
TUESDAY, November 15, 2022
7:00 P.M.
*** NOTICE***
Members of the public will be able to participate either in-person at Hoyer Hall, Clayton Community Library
6125 Clayton Road, Clayton, CA 94517
or
remotely via Zoom.

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 November 15, 2022 Page 2
Instructions for Virtual City Council Meeting – November 15 Tonight’s meeting will be available to the public both in-person and remotely via Zoom. As a courtesy, and technology permitting, members of the public may continue to provide live remote oral comment via the Zoom video conferencing platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time.

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 November 15, 2022 Page 3
* CITY COUNCIL *
November 15, 2022

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

2. MEETING PROTOCOL VIDEO– City Clerk

3. PLEDGE OF ALLEGIANCE – led by Mayor Cloven

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 November 1, 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 as Needed during the COVID-19 State of Emergency Under AB 361. (City Manager) (View here)
(d) Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Apex Technology Management for $68,000 for an Initial One-Year Term for Information Technology Security, Communication and Infrastructure Improvements ($35,000) and Managed Information Technology Support ($33,000) and for Managed Information Technology Services for $33,000 Annually for up to a Four-Year Term Total. (City Manager) (View here) (e) Adopt a Resolution Accepting the City of Clayton (2022) Neighborhood Paving Preservation Project (CIP No. 10449) performed by Bay Cities Paving and Grading, Inc. as Complete, Approving the Notice of Completion, Directing the City Clerk to Record same with the County Recorder and Authorizing Payment of all retained funds to Bay Cities Paving and Grading, Inc. 35 days after recording of the Notice of Completion. (City Engineer) (View here)

5. RECOGNITIONS AND PRESENTATIONS
(a) Administration of the Oath of Office to Clayton’s new Chief of Police, Richard McEachin, Jr.
_____________________________________________________________________________________________ Agenda November 15, 2022 Page 4
(b) Overview of AB 2011 and SB 6.
(City Attorney and Community Development Director) (View here)

6. REPORTS
(a) City Manager/Staff
(b) City Council - Reports from Council liaisons to Regional Committees, Commissions and Boards.

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) Discuss Process for City Manager Recruitment, Potential Interim City Manager Appointment and Appointing a City Council Ad Hoc Subcommittee to Assist in the City Manager Recruitment Process for an Interim and Permanent City Manager. (City Manager) (View here)

10. CLOSED SESSION – None.

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

12. ADJOURNMENT - the next scheduled City Council meeting will be December 6, 2022. # # # # #
Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes November 1, 2022 Page 1

MINUTES
OF THE

REGULAR MEETING

CLAYTON CITY COUNCIL
TUESDAY, November 1, 2022

1. CALL TO ORDER THE CITY COUNCIL – The meeting was called to order at 7:02 p.m. by Mayor Cloven via a hybrid meeting format live in-person and Zoom videoconference and broadcast from Hoyer Hall, Clayton Community Library, 6125 Clayton Road, Clayton, California. Councilmembers present: Mayor Cloven, Vice Mayor Tillman, and Councilmembers Diaz (arrived at 7:08 pm), Wan, and Wolfe. Councilmembers absent:

None. Staff present: City Manager Reina Schwartz, City Attorney Mala Subramanian, and City Clerk/HR Manager Janet Calderon.

2. MEETING PROTOCOL VIDEO – City Clerk.

3. PLEDGE OF ALLEGIANCE – led by Mayor Cloven.

4. CONSENT CALENDAR
It was moved by Councilmember Wolfe, seconded by Councilmember Wan, to approve the Consent Calendar items 4(a) – 4(c), as submitted. (Passed 4-0). (a) Approved the minutes of the City Council’s regular meeting of October 4, 2022. (City Clerk)
(b) Approved the Financial Demands and Obligations of the City. (Finance) (c) Adopted Resolution No. 77-2022 of the City Council of the City of Clayton Allowing for Video and Teleconference Meetings as Needed during the COVID-19 State of Emergency Under AB 361. (City Manager)

5. RECOGNITIONS AND PRESENTATIONS
(a) Information Only – No Action Requested.
• Dutch-American Heritage Day – November 16
• Native American Heritage Month
____________________________________________________________________________ City Council Minutes November 1, 2022 Page 2
(b) Proclamation declaring November 2, 2022 as “Shelter in Place Education Day”. (Mayor Cloven)
Mayor Cloven read the proclamation declaring Wednesday, November 2nd as “Shelter in Place Education Day” in the City of Clayton and requested to City Clerk to mail to the requestor.

City Manager Schwartz suggested taking item 5(d) prior to 5(c) as local business owners were present at the meeting.
(d) Welcome and Recognition of New Local Businesses. (City Manager) Mayor Cloven welcomed local business owners an opportunity to introduce their business to the community. The following businesses provided a brief overview of their business: Austin Brown, DDS, PC; Meraki Wreath Company – Retail Shop; Je Fine Art Gallery & Gifts; and Poet Street Designs. (c) Contra Costa Mosquito and Vector Control District Presentation. (Nola Woods) Nola Woods, Public Affairs Director, Contra Costa Mosquito and Vector Control District, provided an overview of Contra Costa Mosquito and Vector Control District with a focus on Clayton.

6. REPORTS
(a) City Manager Reina Schwartz announced the next Clayton Police Chief is Richard McEachin, who will be sworn in at the next regular City Council meeting of November 15, 2022. She also announced her resignation effective February 2023, and advised the City Council at its next meeting will be an item on recruitment of Clayton’s next City Manager.
(b) City Council - Reports from Council liaisons to Regional Committees, Commissions and Boards.

Councilmember Diaz attended the Clayton Historical Society Social, attended the Clayton Business and Community Association General Membership meeting, and attended the East Bay Regional Communications System Authority (EBRCS) meeting.

Councilmember Jeff Wan campaigned to be re-elected to City Council and called and emailed constituents.

Councilmember Wolfe met with the Mayor, met with the City Manager, attended the Clayton Business and Community Association General Membership meeting, attended the Hay Day Celebration and attended the East Contra Costa Habitat Conservancy meeting.

Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes November 1, 2022 Page 3
Vice Mayor Tillman attended the Contra Costa County Court Appointed Special Advocates (CASA) Gala, attended the Clayton Business and Community Association General Membership meeting, attended the Elected Woman’s luncheon, attended the Hay Day Celebration, attended the Clayton Library Foundation Used Book Sale, was appointed Vice Chair of the Cal Cities Community Policy Committee, and announced the Trails and Landscaping Committee meeting taking place tomorrow.

Mayor Cloven attended the Hay Day Celebration, the Clayton Business and Community Association General Membership meeting, and spoke with constituents.

7. PUBLIC COMMENT ON NON - AGENDA ITEMS
Ed Miller introduced himself and provided remarks about his candidacy.

Bridget Billeter introduced herself and provided remarks about her candidacy.

Kim Trupiano introduced herself and provided remarks about her candidacy.

Jeff Wan introduced himself and provided remarks about his candidacy.

Tuija Catalano provided comments on how she dislikes the current negative campaigning and how she would like to see local campaigns run.

Terri Denslow commended City Manager Reina Schwartz for her service to the Clayton community.

Roy Correra expressed his dissatisfaction with leadership and would like to see more deliverables.

8. PUBLIC HEARINGS – None.

9. ACTION ITEMS – None.

10. CLOSED SESSION – None.

11. COUNCIL ITEMS
Vice Mayor Tillman requested a future agenda item to include review of the various Committees list to determine if there is still relevance.

Councilmember Diaz requested a future agenda item to include a closed session item with the new City Council to discuss the executive recruitment firms being considered for the upcoming City Manager recruitment.

12. ADJOURNMENT– on call by Mayor Cloven, the City Council adjourned its meeting at 8:07 p.m.
____________________________________________________________________________ City Council Minutes November 1, 2022 Page 4
The next regularly scheduled meeting of the City Council will be November 15, 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: 11/15/2022
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. Obligation report dated 11/15/22 (1 page)

2. Payroll Reconciliation Summary report PPE 10/30/22 (2 pages) Attached Report Purpose Amount
Obligations, Dated 11/15/22 Accounts Payable $191,288.58 Payroll Reconciliation Summary Payroll, Taxes $ 96,012.25 Total Required $ 287,300.83
City of Clayton Obligations for 11/15/22
Vendor name Invoice date Invoice number Invoice description Amount Payment method American Fidelity Assurance Company 11/15/2022 2151279 FSA PPE 10/30/22 $75.00 Bank draft CalPERS Retirement 11/15/2022 103022 Retirement PPE 10/30/22 $17,074.51 Bank draft CalPERS Retirement 11/15/2022 1000000169740707 Delinquent payroll fee (former empl, no data to report) $200.00 Bank draft Mission Square Retirement 11/15/2022 6235321 457 Plan contributions PPE 10/30/22 $1,263.46 Bank draft Nationwide 11/15/2022 103022 457 Plan contribution PPE 10/30/22 $500.00 Bank draft Paylocity Corporation 11/15/2022 110926308 Payroll fees September 2022 $485.50 Bank draft Paylocity Corporation 11/15/2022 INV1162275 Payroll fees October 2022 $484.00 Bank draft Wex Bank-Fleet Cards 11/15/2022 84609373 Fleet fuel stmt end 10/25/22 $7,401.79 Bank draft Advanced Elevator Solutions, Inc 11/15/2022 50281 Elevator Service October 2022 $128.00 Check All City Management Services, Inc. 11/15/2022 80660 School crossing guard svcs 10/2/22-10/15/22 $2,368.44 Check AnchorCM 11/15/2022 22-003-4373.10 Engineering Svcs August 2022 $8,695.50 Check Bay Area News Group 11/15/2022 1355213 Legal Ad for Diablo Meadows, October 2022 $1,035.44 Check Big O Tires 11/15/2022 5011-193074 Tires, repair to '11 F250 $3,704.85 Check Burkett's Pool Plastering, Inc 11/15/2022 CAP refunds Deposit refunds CAP 0393,0422,0426,0449,0459 $11,250.50 Check Bye Bye Pool 11/15/2022 CAP0474 Deposit refund $3,262.57 Check Caltronics Business Systems 11/15/2022 3603549 Copier usage 9/19/22-10/18/22 $102.17 Check CCWD 11/15/2022 D Series Irrigation 8/2/22-10/3/22 $54,660.12 Check Cintas Corporation 11/15/2022 4135685941 PW uniforms through 10/27/22 $64.19 Check Cintas Corporation 11/15/2022 41136358604 PW uniforms through 11/3/22 $64.19 Check City of Concord 11/15/2022 95197 Dispatch Svcs December 2022 $26,921.86 Check CivicPlus 11/15/2022 245754 Full-service supplementation subscription 10/26/22-8/31/23 $934.07 Check Clayton Valley Garden Club 11/15/2022 2022 EH Deposit refund $500.00 Check Comcast Business 11/15/2022 110522 Internet 11/10/22-12/9/22 $232.52 Check Contra Costa County - Office of the Sheriff 11/15/2022 CLPD-2209 Toxicology September 2022 $950.00 Check Contra Costa County - Office of the Sheriff 11/15/2022 CLPD-322 Blood withdrawals Q1FY23 $224.70 Check Contra Costa County Police Chiefs' Assoc. 11/15/2022 22-04 Police Chiefs' Assn dues FY 23 $775.00 Check Dave Bang Associates, Inc of California 11/15/2022 CA52536 CCP tot lot parts $1,242.57 Check De Lage Landen Financial Services, Inc. 11/15/2022 78006032 Copier lease November 2022 $1,004.49 Check Dillon Electric Inc 11/15/2022 4752 Street light repairs 10/19/22 $811.00 Check Dillon Electric Inc 11/15/2022 4753 Street light repairs 10/26/22 $1,606.00 Check Geoconsultants, Inc. 11/15/2022 19386 Well monitoring October 2022 $1,546.50 Check Hammons Supply Company 11/15/2022 121-032-1,033-1,074, Janitorial supplies October 2022 $428.35 Check Health Care Dental Trust 11/15/2022 322078 Dental November 2022 $1,570.22 Check LarryLogic Productions 11/15/2022 2052 CC meeting production 11/1/22 $440.00 Check Maintenance Agents, LLC 11/15/2022 1637-1639 Gutter cleaning, CH, End Hall, Library $2,000.00 Check Marla Lane 11/15/2022 110422 Hoyer Hall Deposit refund $217.00 Check Mission Square Retirement 11/15/2022 20220930-109-320171A Annual plan fee Q2 FY23 $125.00 Check MPA 11/15/2022 918-29898 Life/LTD November 2022 $1,261.08 Check MSR Mechanical, LLC 11/15/2022 SVC006253,4, 006312 HVAC services October 2022 $6,210.50 Check Occupational Health Centers of California 11/15/2022 77107357 PD Pre-employment exam $455.00 Check Pacific Telemanagement Svc 11/15/2022 2095692 Courtyard pay phone November 2022 $70.00 Check Rural Pig Management, Inc 11/15/2022 CC110122 Pig control November 2022 $3,000.00 Check SCA of CA, LLC 11/15/2022 104311CS Street sweeping October 2022 $4,500.00 Check Site One Landscape Supply, LLC 11/15/2022 124494330-001 Herbicide, Seed, Weed & Feed $629.59 Check Staples Business Credit 11/15/2022 1645025811 Office supplies $230.60 Check Stericycle Inc 11/15/2022 3006215561 Medical waste disposal $71.66 Check Swenson's Mobile Fleet Repair 11/15/2022 I005558-I005564 PW vehicle svcs, destination fee $5,359.95 Check Vision Service Plan (CA) 11/15/2022 816319002 Vision November 2022 $44.97 Check Waraner Brothers Tree Service 11/15/2022 16199 Tree work Horse Trail near Stranahan, Semillion Cir $4,320.00 Check West Coast Surfacing, LLC 11/15/2022 0086 Playground repairs, CCP, The Grove Park $1,500.00 Check Workers.com 11/15/2022 134789 Seasonal workers week end 10/23/22 $5,375.13 Check Workers.com 11/15/2022 134841 Seasonal workers week end 10/30/22 $3,910.59 Check $191,288.58
Payroll Totals
Payroll Checks Check Type Count Net Check Dir Dep Amount Net Amount Regular 29 0.00 73,600.54 73,600.54
Totals 29 0.00 73,600.54 73,600.54 ĺ 73,600.54
Payroll Checks Check Type Agency Type Count Net Check Dir Dep Amount Net Amount Agency EFSDU 1 0.00 358.15 358.15
Agency Regular 1 0.00 663.50 663.50
Totals 2 0.00 1,021.65 1,021.65 ĺ 1,021.65
Total Net Payroll Liability 0.00 74,622.19 74,622.19 ĺ 74,622.19 Tax Liability
CA and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA SDI - Employee EXEMPT Semi-Weekly 103,675.41 103,675.41 California SITW Semi-Weekly 102,161.95 102,161.95 4,813.33 Totals 4,813.33 0.00 ĺ 4,813.33
CASUI and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA Edu & Training 0.001000 Quarterly 103,675.41
California SUI 0.020000 Quarterly 103,675.41
Totals 0.00 0.00 ĺ 0.00
FITW and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount Federal Income Tax Semi-Weekly 102,161.95 102,161.95 13,341.42 Medicare Semi-Weekly 103,675.41 103,675.41 1,503.30
Medicare - Employer Semi-Weekly 103,675.41 103,675.41 1,503.29 OASDI Semi-Weekly 1,844.52 1,844.52 114.36
OASDI - Employer Semi-Weekly 1,844.52 1,844.52 114.36
Totals 14,959.08 1,617.65 ĺ 16,576.73
Total Tax Liability 19,772.41 1,617.65 ĺ 21,390.06
Transfers
Type Date Source Account Amount
Dir Dep 11/3/2022 73,600.54
Tax 11/3/2022 21,390.06
Trust Agency 11/3/2022 1,021.65
Total Payroll Liability 96,012.25 ĺ 96,012.25
Paylocity Corporation
(888) 873-8205
Run on 11/1/2022 at 12:19 PM
User: JGiantvalley
Payroll Summary
City of Clayton

Check Date: 11/04/2022
Pay Period: 10/17/2022 to 10/30/2022
Process: 2022110401
Totals Transfers 96,012.25 ĺ 96,012.25
Tax Deposits
Required Tax Deposits Tax Due On Amount
( Deposit made by Service Bureau ) California SITW 11/9/2022 4,813.33 ( Deposit made by Service Bureau ) Federal Income Tax 11/9/2022 16,576.73 Total Tax Deposits 21,390.06
Paylocity Corporation
(888) 873-8205
Run on 11/1/2022 at 12:19 PM
User: JGiantvalley
Payroll Summary
City of Clayton

Check Date: 11/04/2022
Pay Period: 10/17/2022 to 10/30/2022
Process: 2022110401
Agenda Item: 4(c)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
DATE: November 15, 2022
SUBJECT: Adopt a Resolution of the City Council of the City of Clayton Allowing for Video and Teleconference Meetings as Needed during the COVID-19 State of Emergency Under AB 361
___________________________________________________________________________

RECOMMENDATION
Adopt a Resolution of the City Council allowing for video and teleconference meetings as needed 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 by the County Health Officer.

On September 20, 2021, February 2, 2022, March 1, 2022, April 15, 2022, June 14, 2022, July 5, 2022, August 9, 2022, September 1, 2022 and October 4, 2022, the Contra Costa County Health Officer issued recommendations for safely holding public meetings and continues to encourage on-line meetings over in-person public meetings if feasible. If in-person meetings occur, the County Health Officer recommends physical distancing of six feet of separation between all attendees to the extent possible. The proposed resolution provides that the City Council and all subsidiary City boards and commissions may choose to hold fully virtual video and teleconference meetings while the state of emergency is still in effect and physical distancing is recommended.

In order to continue to be able to hold video and teleconference meetings as needed for COVID/public-health related reasons, the City Council will need to review and make Subject: Resolution Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency Under AB 361
Date: November 15, 2022

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.

FISCAL IMPACT
None.

Attachments
Resolution of the City Council Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency Under AB 361
Resolution ##-2022 AB 361 November 15, 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 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, February 2, 2022, March 1, 2022, April 15, 2022, June 14, 2022, July 5, 2022, August 9, 2022, September 1, 2022 and October 4, 2022, the Contra Costa County Health Officer issued recommendations for safely holding public meetings and encourages on-line meetings if feasible and if in person meetings occur then recommends physical distancing of six feet of separation to the extent possible and masking for 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 be able to choose to meet via video and/or teleconference as necessary; and WHEREAS, pursuant to AB 361 the City Council will review the findings required to be made at least 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 health officials continue to recommend measures to promote physical distancing.

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

PASSED AND ADOPTED by the Clayton City Council, State of California, on this 15th day of November 2022, by the following vote.

Resolution ##-2022 AB 361 November 15, 2022
AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON,
CA
Peter Cloven, Mayor
ATTEST:
_________________________________
Janet Calderon, City Clerk
Agenda Item: 4(d)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Reina J. Schwartz, City Manager
DATE: November 15, 2022
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Apex Technology Management for $68,000 for an Initial One-Year Term for Information Technology Security, Communication and Infrastructure Improvements ($35,000) and Managed Information Technology Support ($33,000) and for Managed Information Technology Servicesfor $33,000 Annually for up to a Four-Year Term Total
____________________________________________________________________________

RECOMMENDATION
It is recommended that the City Council adopt a Resolution awarding a Professional Services Agreement to Apex Technology Management for Information Technology Security, Communication and Infrastructure Improvements and Managed Information Technology Services.

BACKGROUND
For many years, IT Services for the City have only been provided on an ad hoc basis without a more comprehensive analysis or strategic approach. This has led to a variety of concerns including incompatibilities, failure to leverage modern and powerful software tools and a system that is not adequately secure. These challenges were identified in the FY2020/21 Financial Audit that indicated improvements were needed in IT security and operations. In response to this need, the City Council included specific funding in the FY2022/23 budget for IT improvements.

DISCUSSION
Based on the findings in the FY2020/21 audit, staff sought out a firm to perform an evaluation of IT systems and security. The City received two proposals for this work. Of the two proposals, Apex Technology offered a broader analysis at a lower cost and they were selected for the evaluation.

The evaluation performed by Apex indicated a number of areas where the City needs to improve its information technology systems, from the standpoint of hardware, software and business processes including how IT security and support is provided. The City’s current systems are not compliant with best practices for security and stability.

Subject: Professional Services Agreement with Apex Technology for IT Upgrades & Managed Support Date: November 15, 2022

2 Having received the analysis, staff solicited quotations for support services. The City also received two proposals for IT improvements and ongoing support along with evaluating the option to stay with our current provider. Our current provider cannot provide the broad scope of services needed for improved security and monitoring and was eliminated from consideration for ongoing general IT support. Both of the proposals from new companies for comprehensive support were similar in price. Of the other two proposals, Apex offers a wider scope of services for a similar price and is recommended for approval.

FISCAL IMPACTS
Ongoing annual:
• Proposed - $32,715
o Adobe Acrobat - $969
o Microsoft 365, Microsoft Defender - $3,514
o Multi-factor authentication, Security training, Password Manager - $2,232 o Help Desk/IT Support/24/7 Monitoring - $26,000
• Current – $18,069 - $23,069
o Adobe Acrobat - $969
o Microsoft - $2,100
o Multi-factor authentication, Security training, password manager – currently not provided
o Digital Services (IT support) – $15,000 - $20,000
o 24/7 Monitoring – currently not provided
One-time:
• One-time Upgrade equipment, installation and onboarding: $35,000 (funding for these one-time upgrades was included in the FY2022/23 budget) By awarding the ongoing support agreement at the same time as the one-time project costs to update the systems, the City will save 20% on the labor/professional services costs for the modernization project.

The additional ongoing costs for the improved IT systems that are more stable, secure and reliable is approximately $10,000-$12,000 per year. This can be absorbed in the budget by reducing spending in a number of smaller categories including lower Comcast internet costs due to re-negotiating pricing, eliminating the use of an outside storage unit that is no longer needed, eliminating the City Manager’s technology allowance and reducing spending on education and training. Additionally, staff is working on identifying if there are businesses that are not paying the appropriate business license fees which could increase revenues by $8,000- $10,000 per year.

Subject: Professional Services Agreement with Apex Technology for IT Upgrades & Managed Support Date: November 15, 2022

3 The need to have safe, reliable and secure technology services is worth the minor reductions in these other areas. The long-term costs of not making these changes could be many times higher if systems become unreliable or the City is subject to cyber-criminal activity.

Attachments:

1. Resolution

2. Professional Services Agreement with Apex Technology

3. IT Security, Communication and Infrastructure Solutions Proposal

4. Total Support Gold (Help Desk) Scope of Work
Resolution No. ##-2022 IT Apex Page 1 of 2 November 15, 2022 RESOLUTION NO. ##-2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON,

CA AUTHORIZING THE CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT WITH APEX
TECHNOLOGY MANAGEMENT FOR $68,000 FOR AN INITIAL ONEYEAR TERM FOR INFORMATION TECHNOLOGY SECURITY,

COMMUNICATION AND INFRASTRUCTURE IMPROVEMENTS
($35,000) AND MANAGED INFORMATION TECHNOLOGY SUPPORT
($33,000) AND FOR MANAGED INFORMATION TECHNOLOGY
SERVICES FOR $33,000 ANNUALLY FOR UP TO A FOUR-YEAR

TERM TOTAL

THE CITY COUNCIL
City of Clayton, California
WHEREAS, a modern information technology infrastructure is critical to the safe and efficient operation of City government;
WHEREAS, the City of Clayton has evaluated its information technology needs in order to provide a modern secure, stable and reliable technology infrastructure; and WHEREAS, the City has received proposals to provide updated infrastructure as well as ongoing information technology support services.

NOW THEREFORE, BE IT RESOLVED, the City Council of Clayton does determine the foregoing recitals are true and correct and hereby sets for the following as the official Order of Business of the City Council:

Authorize the City Manager to execute a Professional Services Agreement with Apex Technology Management for:

1. An initial one-year term in the amount of $68,000 for Information Technology Security, Communication and Infrastructure improvements ($35,000) and for Managed Information Technology Services ($33,000); and

2. Managed Information Technology services (including required software) for approximately $33,000 annually for up to a four-year term total.

PASSED, APPROVED and ADOPTED by the City Council of Clayton, California at a regular public meeting thereof held on the 15th day of November, 2022 by the following vote:

AYES:

Resolution No. ##-2022 IT Apex Page 2 of 2
NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA
___________________________________
Peter Cloven, Mayor
ATTEST:
_________________________________
Janet Calderon, City Clerk
38044.03101\30483741.3
1 CITY OF CLAYTON

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as December 1, 2022 by and between the City of Clayton, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 6000 Heritage Trail, Clayton, California 94517 (“City”), and Apex Technology Management, an LLC with its principal place of business at 310 Hemsted Drive, STE 300, Redding CA 96002 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Information Technology Support Services (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” If there is a material difference between the language in a statement of work, addendum, exhibit, quote, or purchase order and the language in this Agreement, then the language in this Agreement will control, unless the language in the statement of work, addendum, exhibit, quote, or purchase order expressly states that it is overriding the conflicting provisions of this Agreement.

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Sixty-Eight Thousand Dollars ($68,000) for the Initial Term (as defined herein), which includes a one-time initial fee of $35,000. For each subsequent one-year term, the total amount paid for services rendered by Consultant shall not exceed Thirty-Three Thousand Dollars ($33,000). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
38044.03101\30483741.3
2 3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term
The term of this Agreement shall be from 12/1/2022 to 11/30/2023 (the “Initial Term”), unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed). The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party.

For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics, war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint, and industry-wide or regional supply chain issues beyond the control of the Vendor. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
38044.03101\30483741.3
3 8. Standard of Care, Warranties, and Limitation of Liability Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. The services, including all hardware, software, and third-party products are provided “as-is” and “as available” without warranty or condition of any kind, including but not limited to the implied warranties or conditions of merchantable quality and fitness for a particular purpose. Consultant does not warrant that the service will meet any particular need or that the operation will be error free.

In no event shall either Party be liable to the other Party for any indirect, incidental, special, consequential, exemplary, or punitive damages, even if advised of the possibility thereof, including any damages whatsoever for resulting from the loss of use, data, or profits, whether in an action based on contract or tort arising out of or in connection with the use or performance of services.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
38044.03101\30483741.3
4 (1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Contractual Liability with respect to this Agreement (7) Property Damage
(8) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the 38044.03101\30483741.3
5 work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. 38044.03101\30483741.3
6 g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed 38044.03101\30483741.3
7 by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses, except to the extent caused or resulting from the sole negligence or willful misconduct of the City. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of 38044.03101\30483741.3
8 other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Contra Costa, State of California. 16 Termination or Abandonment
38044.03101\30483741.3
9 a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving thirty (30) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein.

Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 17 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

18. Organization
Consultant shall assign David Kamins as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

19. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Clayton
6000 Heritage Trail
Clayton, CA 94517
Attn: City Manager
CONSULTANT:

Apex Technology Management, LLC
310 Hemsted Drive, STE 300
Redding, CA 96002
Attn: Chief Operating Officer
and shall be effective upon receipt thereof.

21. Third Party Rights
38044.03101\30483741.3
10 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

22. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder.

Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void.

This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

27. Time of Essence
Time is of the essence for each and every provision of this Agreement.

28. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

29. Prohibited Interests
38044.03101\30483741.3
11 Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

30. No Hire or Interference.

To the extent permitted by law, both Parties agree that at all times while this Agreement is in effect and for twelve (12) months after the Agreement terminates, neither Party will solicit, hire, retain (including consultants of the other Party) any employee or any former employee who has left employment within twelve (12) months prior to such hiring. [SIGNATURES ON FOLLOWING PAGE]
38044.03101\30483741.3
12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF CLAYTON

AND APEX
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF CLAYTON Apex Technology Management, LLC
By: By:

Reina J. Schwartz
City Manager Its: Chief Operating Officer
Printed Name: Matthew Fristoe
ATTEST:

By:

City Clerk
38044.03101\30483741.3
13 EXHIBIT A
Scope of Services
System Users:

This Agreement has as its scope up to 12 enabled Active Directory users, referred to in this document as the client's network users. Additional users will be billed at $125.00 per month per User.

Once a User is accepted by this Agreement, the terms of this agreement take effect for that user.

The definitive listing of covered Users will be available to Apex and will be made available at any time upon request.

Infrastructure Services:

In addition to PC and server maintenance, Apex agrees to provide Client with regular and necessary remote infrastructure services required to provide the Managed Services described in this Agreement.

Customer Requirements:

1. High-speed (broadband or equivalent) internet access

2. Hardware maintenance or hot spare program

3. Server software licenses and maintenance

4. Anti-virus software and signature update subscription

5. Backup software and media that meets size and function requirements

6. VPN access for Apex personnel
Covered Services:

The following options that have been selected by the client will be performed remotely, as services by Apex on the covered client servers, workstations and network infrastructure, as described in this services level agreement.

Servers
• Server Backup Monitoring (Suitable backup system provided by client. Client responsible for media rotation)
• Unlimited 9x5* Remote Helpdesk Support
• Remote Disaster Recovery
• Remote Support
Apex Total Support Gold Service Level Agreement
Gold Exhibit A
38044.03101\30483741.3
14 • Remote Maintenance
• Event Log Monitoring
• Monitor Drive Space On All Supported Servers
• 24x7 Monitoring Of Server Availability
• 24x7 Monitoring Of Critical Devices & Services
• 24x7 Remote Access for Server Down Situations
• Microsoft Operating System Patch Management (Patches, Updates & Service Packs) as needed • Anti-Virus Subscription Monitoring, Response, Quarantine & Removal (Client must maintain current subscription)
Network Infrastructure
• Unlimited 9x5* Remote Helpdesk Support
• Management of Router & Firewall Rules
• Existing Wireless Access Point Configuration & Maintenance • Virtual Private Network (VPN) & Wide Area Network (WAN) Monitoring • Key Network Element Configuration Backup
Workstations
• Unlimited 9x5* Remote Helpdesk Support
• Microsoft Operating System Patch Management (Patches, Updates & Service Packs) as needed • Anti-Virus Subscription Monitoring, Response, Quarantine & Removal (Client must maintain current subscription)
Applications
• Microsoft Exchange
• Microsoft SQL Server
• Two hours included per month for Application Updates
• Network Application Updates/Upgrades (Anti-virus, Anti-SPAM, Anti-Spyware, Etc.) End User Support
• Unlimited 9x5* Remote Helpdesk Support
• Phone Support
• Limited Assistance With PDAs, Cell Phones, Mobile Devices, Etc. (Business Apps. Only) • Remote Access (Work from Home/TeleWorker) Support
• Password resets, account lockout resets, login problem assistance Network Administration
• Adding, modifying, disabling & deleting users and passwords • Network Policy Enforcement
• SPAM (junk email) software management, if provided by Apex • Network & VPN access administration
38044.03101\30483741.3
15 Security
• 24/7 Firewall monitoring & alerting option
• Network Policy Enforcement
• Anti-Virus Subscription Monitoring, Response, Quarantine & Removal (Client must maintain current subscription)
• Security management
Best-In-Class Support & Monitoring Tools
• Enterprise level monitoring & reporting
• Flexible, fast & secure remote support
• Trouble-ticket tracking & reporting
• Knowledge base
• Central monitoring/network operations center console
Planning, Budgeting & IT Management
• Assigned Virtual Chief Information Officer (VCIO)
• Monthly executive summary report
• Strategic technology consulting
• Technology planning
• Technology budgeting
• Disaster recovery planning
• Trouble ticketing
• Problem escalation & resolution
• Assistance with Vendor selection & management
• IT purchasing
• Warranty management of covered devices
• Create and maintain an inventory of hardware, software and network equipment (reports available upon request)
• Assistance with grant requests
• Monthly management meeting or board meeting participation Other Advantages
• Service Level Agreement
• Priority phone access for all calls
• Discounted rates for project work and MACs (moves, adds and changes) • Proactive Issue Detection And Resolution
• Highest priority response to network issues
* 9x5 refers to the Apex NOC (Network Operationd Center) HelpDesk hours of 8:00 am – 5:00 pm M-F, excluding holidays
38044.03101\30483741.3
16 Services do not include repair or service required as a result of:
∗ Neglect, theft, or accidental damage of the equipment; ∗ Alterations or modifications to the equipment performed by other than Apex or authorized Apex agent; ∗ The failure of Client to provide and maintain a suitable installation environment at all facilities as prescribed by
Apex (including, but not limited to, proper electrical power, internet access, air conditions, & humidity control);
∗ The use of the equipment for purposes other than those for which it was designed; ∗ Electrical work external to the equipment or service connected with equipment relocation, reconfiguration or
additions;
∗ Cutoff of services to Client by any utility; Acts of God. ∗ Software or Hardware not owned by the Client are specifically excluded. ∗ Labor for troubleshooting, configuring or installing copy machines or any other hardware or peripherals provided by a 3rd party vendor.
∗ Labor for troubleshooting, configuring or installing non-business-related software such as i-tunes, and games.
∗ Software or Hardware not covered under a valid maintenance contract or warranty with the vendor or OEM are specifically excluded.
∗ Materials, Parts or Hardware warranty coverage
∗ Projects (new equipment installation, new applications etc.) ∗ Red flagged equipment not meeting Apex requirements
∗ Software unrelated to business needs (iTunes, Windows Media Player, games, etc.) Response
During normal business hours (defined as Monday to Friday 8:00 a.m. to 5:00 p.m. Pacific Time, excluding holidays), upon receiving an alert from a covered server for key network device, within 90 minutes Apex will log the alert and begin troubleshooting the issue remotely. Apex will notify the Client Primary Contact, and provide technical support up to the levels defined by the service level.

Software Update Release Schedule
Apex defines 5 levels of criticality for Microsoft software updates and patches, as follows:

Critical:
- An update that resolves security vulnerability whose exploitation could allow propagation of a worm or virus without user action.
- Apex will test and approve or disapprove updates within 3 business days. Once approved, Apex will initiate the deployment process as defined above in the RFC process.

Important:
- An update that resolves security vulnerability whose exploitation could result in compromise of the confidentiality, integrity, or availability or Client's data, or of the integrity or availability of covered devices or services. An update that resolves a major functionality flaw or results in dramatically improved performance of the software. - Apex will test and approve or disapprove updates within 10 business days. Once approved, Apex will initiate the deployment process as defined above in the RFC process. 38044.03101\30483741.3
17 Moderate
and Low:
- An update that resolves a security vulnerability whose exploitation can be mitigated to a significant degree by factors such as default configuration or auditing, or whose exploitation is extremely difficult or whose impact is minimal. An update that resolves a minor functionality flaw or results in marginally improved performance of the software.
- Apex will test and approve or disapprove updates within 3 calendar months. Once approved, Apex will initiate the deployment process as defined above in the RFC process.

Service
Release:
- An update that adds major functionality to a software product or changes its functionality, or a bundled package of updates accumulated over the course of several months or years. Typically referred to as a servicepack, service release, maintenance release, or functionality release, and identified by a change in the minor version number (ie. Adobe Photoshop6.0 to 6.1). Typically released by the vendor at no cost.

Service Release Updates are ONLY available to the Platinum and Gold Plans. - Apex will test and approve or disapprove the service release within 3 calendar months. Once approved, Apex will initiate the automated deployment process as defined above in the RFC process.

Major
Revision:
-A major functionality upgrade identified by the vendor as a new version of the product, and which typically requires payment or maintenance contract to obtain. Typically identified by a change in the major version number (ie. Microsoft Windows 2000 to Microsoft Windows 2003 Backup Exec 9 to Backup Exec 10).

Major revision updates are available to the PLATINUM PLAN ONLY. - Apex will test and approve or disapprove the major revision within 9 calendar months. Once approved, Apex will submit a change request and will work with Client to determine any required architecture or functionality changes and define the implementation schedule. Any revision updates requiring more than 2 hours labor will be considered to be a project and will be out of scope.

Other updates:

Driver updates, BIOS upgrades, firmware updates, and other update types not mentioned specifically elsewhere in this document, are installed only in the event that they are known or expected to resolve an open service request, if they are known or expected to resolve a critical security flaw in the current configuration, or if they are a prerequisite for a patch or other update being applied.

Total Support Gold Agreement, Exhibit A

SPECIAL NOTES & CALCULATIONS
• A $500.00/month Total Support base fee will be invoiced in addition to the per-user fee. This amounts to a total of $2,000.00 per month. (12 users + base fee) • One (1) Quarterly on-site VCIO & Lead Tech maintenance visit included. Also available anytime using Zoom/Teams.
• Additional On-Site Support, including emergencies, is available. A $250.00 per day “Trip Fee”, and technician on-site time at Gold discounted hourly rates would be invoiced separately from the proposed monthly cost. (not applicable to the included quarterly on-site maintenance visit) • During onboarding, the actual number of users will be determined and reconciled. The monthly Total Support Gold charge will be updated to reflect that. • Special projects and monthly subscription and/or Cloud service charges would be billed separately. 38044.03101\30483741.3
18 For example: anti-virus, Office 365 email, cloud backups, MFA, email SPAM filtering etc. • A One-time onboarding fee of $3,750.00 will be invoiced to the client. As an option, this fee can be split over the initial 12-months of the agreement. ($312.50 per month) Severity
Severity is based on the critical nature of a system, equipment or application. An issue with a server that runs the primary application for the entire organization and affects 60 people would be a High Severity issue.

An issue with a workgroup printer that affects 10-15 people would be a Medium Severity issue.

Impact is the level to which the problem/issue is preventing use of the system, equipment or application. For example, a server that is completely down would be a High Impact issue, whereas a server that is running very slowly would be a Medium Impact issue and a server that needs a non-critical update installed would be a Low Impact issue.

A High Severity/High Impact issue would be a critical server affecting the entire network being down. If the same server is running very slowly but is usable it would be a High Severity/Medium Impact issue.

Impact
Response Times
Response Times are calculated from the time a ticket is created in Apex's ticketing system - this is done at the time of call or email receipt. Response times in this grid are during business hours.

Only High Severity/High Impact issues will be addressed outside of business hours as part of this agreement, after hours response time is 4-hour maximum response for High Severity/High Impact.

Only High Severity/High Impact issues will be addressed outside of business hours as part of this agreement, after hours response time is 4-hour maximum response for High Severity/High Impact.

Service Response Time *
Initial Telephone Begin Remote Resolution Response Time Remediation High Severity / High Impact 60 minutes 90 minutes 1.5 Days High Severity / Medium Impact 90 Minutes 2 Hours 3 Days High Severity / Low Impact 4 Hours 8 Hours 2 Weeks
Medium Severity / High Impact 90 Minutes 2 Hours 3 Days Medium Severity / Medium Impact 2 Hours 5 hours 1 Week
Medium Severity / Low Impact 8 Hours 1 Week 2 Weeks
Low Severity / High Impact 4 Hours 8 Hours 3 Days
38044.03101\30483741.3
19 Low Severity / Medium Impact 1 Day 2 Days 2 Weeks
Low Severity / Low Impact 2 Days 1 Week 4 Weeks
* These response times are "Worst Case" maximum guaranteed response times for properly reported issues.

Gold Support customers always receive the highest priority response and in most cases support is available immediately.
* All times listed are in business hours, 1 day = 8 business hours.

Agenda Item: 4(e)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Larry Theis, City Engineer
DATE: November 15, 2022
SUBJECT: Adopt a Resolution Accepting the City of Clayton (2022) Neighborhood Paving Preservation Project (CIP No. 10449) performed by Bay Cities Paving and Grading, Inc. as Complete, Approving the Notice of Completion, Directing the City Clerk to Record same with the County Recorder and Authorizing Payment of all retained funds to Bay Cities Paving and Grading, Inc. 35 days after recording of the Notice of Completion ___________________________________________________________________________

RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution accepting the City of Clayton (2022) Neighborhood Paving Preservation Project (CIP No. 10449) performed by Bay Cities Paving and Grading, Inc. as complete, approving the attached Notice of Completion, directing the City Clerk to record same with the County Recorder and authorizing the payment of all retained funds to Bay Cities Paving and Grading, Inc. 35 days after recording the Notice of Completion.

BACKGROUND
On July 20, 2021, the City Council approved the award of a construction contract to Bay Cities Paving and Grading, Inc. of Concord, California in the amount of $898,877.20 for the City of Clayton (2022) Neighborhood Paving Preservation Project (CIP No. 10449). Clayton’s Capital Improvement Program construction contract budget for this project in FY 2021/22 is $749,000.

This budget amount is approximately $150,000 less than the contracted bid price as funding initially approved for the Paving Preservation project was required to accommodate the City’s FY 2020/21 Curb Ramp Improvement Project (CIP #10453). Prior to starting construction this summer, Staff negotiated with Bay Cities Paving and Grading, Inc. to reduce the project scope and modify certain pavement treatments to agree on an adjusted total contract price of $749,293.58, which also addressed the increased price in asphalt materials over the past year due to rising oil prices.

DISCUSSION
The Notice to Proceed was issued to Bay Cities Paving and Grading, Inc. on June 6, 2022, and was scheduled over 25 working days. The project included grinding out a four-inch depth of existing asphalt and repaving it with new hot mix asphalt on Peacock Creek Drive from Clayton Road to the 1st driveways, and a 300-foot section of Mitchell Canyon Road immediately south of the Pine Hollow Road intersection. The next phase of the project involved performing base failure repairs at select locations of potholes, crack sealing the existing roadway surface, and finishing with a microsurfacing seal treatment to protect the surface from water intrusion and provide a new surface wearing seal for extended maintenance life. This was performed on Tiffin Drive, Kenston Drive, Kenston Court, Rolen Court, Newman Court, the remainder of Peacock Creek Drive, Pebble Beach Drive, Chardonnay Circle, and El Molino Drive.

During construction, the City processed three additional minor contract change orders and had a small increase in some final quantities which totaled in an increase of $15,280.29 (2.04% of adjusted contract price). Bay Cities Paving and Grading, Inc. reached substantial completion of the project the week of July 18, 2022.

During the curing period of the microsurfacing seal on the northern leg of Chardonnay Circle, staff received multiple complaints from fronting property owners about the softness of the surface, several tire turning gouges, and unevenness of the coverage. In July 2022, staff directed Harris & Associates to perform a walk-through inspection and note any deficiencies. (Harris & Associates performed the construction management and inspection function on the project.) Bay Cities Paving and Grading, Inc.’s surface sealing subcontractor PCC Coatings performed some minor repairs at spot locations on Chardonnay Circle the week of August 22, 2022. City Staff determined the minor repairs performed were not sufficient and did not accept the microsurfacing seal work performed on the northern leg of Chardonnay Circle.

The City issued, and Bay Cities Paving and Grading, Inc. agreed to a full pay deduction of $7,500 (2,420 sq. yd. area at $3.10 per sq. yd. of Type II Microsurfacing) for all unaccepted work on Chardonnay Circle. City Staff recommends continued visual monitoring of the microsurfacing seal on the northern leg of Chardonnay Circle to determine if it should be removed and resealed; or overlaid with another coat of seal treatment as an add-on work with the upcoming 2023 paving project next summer.

Therefore, the final total construction cost of the project is $757,073.87 after the pay deduction. The City Engineer is recommending that City Council accept the City of Clayton (2022) Neighborhood Paving Preservation Project (CIP No. 10449) and order the filing of the Notice of Completion.

FISCAL IMPACT
The approved FY 2021/22 Capital Improvement Budget established the City of Clayton (2022) Neighborhood Paving Preservation Project (CIP No. 10449) with a construction contract budget of $749,000. As described above, conditions in the field resulted in some minor contract change orders resulting in a final construction contract amount with Bay Cities Paving and Grading, Inc. of $757,073.87. It is recommended that the resulting $8,073.87 amount beyond the current budget be supplemented by an additional gas tax fund allocation which is available to cover that minor additional cost.

To date the City has made payments totaling $719,220.18 to Bay Cities Paving and Grading, Inc. A retention (5% of contract) of $37,853.69 will be released to Bay Cities Paving and Grading, Inc. guaranteeing completion of the project for a total construction contract expenditure of $757,073.87.

With the City Council acceptance of this work and the recording of the Notice of Completion, the City will release all retained funds 35 days after recordation at the County Clerk Recorder of the Notice of Completion if no claims are made against Bay Cities Paving and Grading, Inc. by a material supplier or subcontractor.

CONCLUSION
CIP Project No. 10449, City of Clayton (2022) Neighborhood Paving Preservation Project is complete, and the work performed meets the project specifications except for the portion of Chardonnay Circle that was not accepted, nor paid for. Harris & Associates inspected the completed work and determined that it meets the project specifications. Therefore, the City Engineer recommends approval of this resolution accepting City of Clayton (2022) Neighborhood Paving Preservation Project (CIP Project No. 10449), as complete, ordering the filing of a Notice of Completion with the County Clerk Recorder and authorizing the payment of all retained funds 35 days after filing of the notice.

Attachments: 1. Resolution [2 pp.]

2. Notice of Completion [2 pp.]
Resolution ##-2022 Neighborhood Pavement Preservation Project #10449 November 15, 2022 RESOLUTION NO. ##-2022
A RESOLUTION ACCEPTING THE CITY OF CLAYTON (2022) NEIGHBORHOOD PAVEMENT PRESERVATION PROJECT (CIP NO. 10449) PERFORMED BY BAY CITIES PAVING AND GRADING, INC. AS COMPLETE, APPROVING THE NOTICE OF

COMPLETION, DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY

RECORDER AND AUTHORIZING THE PAYMENT OF ALL RETAINED FUNDS TO BAY CITIES PAVING AND GRADING, INC. 35 DAYS AFTER RECORDING OF THE NOTICE OF COMPLETION.

THE CITY COUNCIL
City of Clayton, California
WHEREAS, on July 20, 2021 the City Council of Clayton, California did award a low-bid contract to Bay Cities Paving and Grading, Inc. for the construction of the City of Clayton (2022) Neighborhood Pavement Preservation Project (CIP No. 10449); and WHEREAS, Bay Cities Paving and Grading, Inc., represents that it has completed construction of the work in conformance with the project specifications and that the project is now ready for acceptance by the City; and
WHEREAS, the City Council must accept the work as complete and order the filing of a Notice of Completion prior to release of the retained funds; and WHEREAS, the City’s Construction Manager, Harris & Associates, has inspected the completed work and determined that the completed work is in compliance with project plans and specifications for the rehabilitation of asphalt street resurfacing using micro-surfacing and hot mix asphalt except for one street segment which was deducted from the final payment;
WHEREAS, the City Engineer has determined that the completed work is in compliance with the project specifications; and
WHEREAS, in its accompanying report the City Engineer recommends that the City Council adopt this Resolution accepting the City of Clayton (2022) Neighborhood Pavement Preservation Project (CIP No. 10449) performed by Bay Cities Paving and Grading, Inc., approving the Notice of Completion, directing the City Clerk to record same with the County Recorder and authorizing the payment of all retained funds to Bay Cities Paving and Grading, Inc., 35 days after recording the Notice of Completion.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Clayton, California does hereby accept as complete, as of the date of adoption of this Resolution, accepting the City of Clayton (2022) Neighborhood Pavement Preservation Project (CIP No. 10449) performed by Bay Cities Paving and Grading, Inc., approving the Notice of Completion, directing the City Clerk to record same with the County Clerk Recorder and authorizing the payment of all retained funds to Bay Cities Paving and Grading, Inc. 35 days after recording the Notice of Completion.

Resolution No. ##-2022 Page 2 of 2 November 15, 2022
PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California, at a regular public meeting thereof held on the 15th day of November 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

Janet Calderon, City Clerk
[VERIFICATION ON FOLLOWING PAGE]

RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:

City Clerk/City Engineer
City of Clayton
6000 Heritage Trail
Clayton, CA 94517

NO FEE DOCUMENT
(Government Code section 27383)
NOTICE OF COMPLETION for
City of Clayton (2022) Neighborhood Pavement Preservation Project CIP No. 10449 (Contractor: Bay Cities Paving and Grading, Inc.)
NOTICE IS HEREBY GIVEN by the undersigned is the Owner of work and those certain improvements, to wit:

City of Clayton (2022) Neighborhood Pavement Preservation Project CIP No. 10449 Project location: Various streets including Tiffin Drive, Kenston Drive, Kenston Court, Rolen Court, Newman Court, Mitchell Canyon Road between Pine Hollow Road and 300’ south of Pine Hollow Road, Peacock Creek Drive, Pebble Beach Drive, Chardonnay Circle, and El Molino Drive in the City of Clayton, Contra Costa County, California:

Property Owner: Interest in Property or Right of Way is owned by City of Clayton (a municipal corporation, located at 6000 Heritage Trail, Clayton CA 94517 located in the County of Contra Costa, State of California).

The contract which has heretofore been let to Bay Cities Paving and Grading, Inc., and which contract was filed for record in the City Clerk’s office in the City of Clayton, Contra Costa County, California, was actually completed in accordance with the plans and specifications, and the work was completed and accepted by the City of Clayton, on November 15, 2022.

Information pertaining to the estimate of cost, names of bidders with prices bid, changes in adopted and approved plans and specifications, and the total cost of work is on file at the City Clerks’ office of the City of Clayton.

CITY OF CLAYTON,
a municipal corporation
Date: ________________ By: ____________________________________ Lawrence Theis, City Engineer,
R.C.E. #67662
City of Clayton
6000 Heritage Trail
Clayton, CA 94517
I hereby certify, under penalty of perjury, that the above Notice of Completion was duly accepted by the City Council of the City of Clayton at a meeting thereof held on November 15, 2022. ______________________________
Janet Calderon, City Clerk

VERIFICATION
I, Reina Schwartz, state that I am the Authorized Agent of the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

CITY OF CLAYTON
Date: ________________ By: ____________________________________ Reina Schwartz, City Manager
BBKLAW.COM © 2022 Best Best & Krieger LLP November 15, 2022 City of Clayton
Overview of AB 2011 and SB 6
AB 2011
Effective July 1, 2023
Ministerial Review for Qualifying Multi-Family Housing
Projects on sites within a zone where office, retail or parking are the principally permitted uses
 Mixed-Income Housing Projects
 100% Affordable Housing Projects
2 AB 2011
 No CEQA
 Prevailing Wage and Certain Labor Standards
 Processing Deadlines - 90/180 days
 Objective Design Standards
3 AB 2011 Applicable Zones
Mixed Income Housing Units
 Zones where office, retail, or parking are principally permitted uses  Site abuts a commercial corridor and has minimum 50 ft. of frontage along the commercial corridor
100% Affordable Housing Projects
 Zones where office, retail, or parking are principally permitted uses 4 AB 2011 Site and Project Criteria
 Must propose multi-family housing project
 Cannot be on property that contains 1- 4 dwelling units  Located within a city that has an urbanized area or urban cluster
 Not on or adjoined to a site where more than a 1/3 is dedicated to industrial uses
5 AB 2011 Site and Project Criteria
 Must satisfy SB 35 environmental criteria
 If Vacant - does not contain tribal resources that could be effected by the development and is not within a VHFSZ
 Cannot be located within 500 ft. of a freeway or 3,200 ft. of oil or natural gas extraction or refinery
 Potential payment of relocation expenses to commercial tenants
6 AB 2011 Mixed Income Projects Site and
Project Criteria
 The site is 20 acres or less
 Would not require demolition of:

Affordable housing subject to deed restriction or
ordinance;
Housing occupied by tenants; or a
Historic structure
7 AB 2011 Affordable Housing Requirements
Mixed Income Projects
 Rental: 8% very low income and 5% low income or 15% lower income  Owner Occupied: 30% moderate income or 15% lower income 100% Affordable Projects
 100% dedicated to low income
Deed Restrictions
 55 years for rental and 45 years for owner occupied
8 AB 2011 Labor Requirements
 Prevailing Wage
 Project with more than 50 Units: Contractors to employ construction craft employees or let subcontracts for at least 1,000 hours to participate in apprentice programs and make health care contributions
 Must provide monthly compliance reports
9 SB 6
 Effective July 1, 2023
 100% Residential Project or
 Mixed-Use Project with 50% Residential Uses
 Sites within a zone where office, retail or parking are the principally permitted uses
10 SB 6
 Can use SB 35 allowing for ministerial streamlined
review
 CEQA Required
 No Affordability Requirement
 Prevailing Wage and Skilled and Trained Workforce
Required
11 SB 6 Site and Project Criteria
 Project must include all residential units or mixed-use with at least 50% of s.f. dedicated to residential
 Site must be 20 acres or less
 Located within a city that has an urbanized area or
urban cluster
12 SB 6 Site and Project Criteria
 Not on or adjoined to a site where more than a 1/3 is dedicated to industrial uses
 Consistent with any applicable and approved
sustainable community strategy
 Potential payment of relocation expenses to
commercial tenants
13 SB 6 Labor Requirements
 Prevailing Wage Required
 Skilled and Trained Workforce Required
 Must Provide Monthly Compliance Reports
14 1
DISCLAIMER: This document is intended solely as a technical overview of the provisions of AB 2011 (2022) and SB 6 (2022).

It is not intended to serve as legal advice regarding any jurisdiction's specific policies or any proposed housing development project. Local staff should consult with their city attorney or county counsel when adopting an ordinance to implement the provisions of AB 2011 and/or SB 6 or when determining the applicability of these provisions to any proposed housing development project in their jurisdiction.

Overview of AB 2011 and SB 6
Introduction
AB 2011 and SB 6 are intended to permit residential development on sites currently zoned and designated for commercial or retail uses. Both bills were signed into law by Governor Gavin Newsom on September 29, 2022, and will go into effect on July 1, 2023.

AB 2011 creates a CEQA-exempt, ministerial approval process for multifamily housing developments on sites within a zone where office, retail or parking are the principally permitted use. The law provides for slightly different qualifying criteria (1) for 100-percent affordable projects and (2) for mixed-income projects located "commercial corridors." AB 2011 projects must pay prevailing wages to construction workers, among other labor standards.

SB 6, on the other hand, does not create any new approval process. Rather, the legislation provides that projects meeting SB 6 criteria may invoke SB 35 and the Housing Accountability Act. A project proposed under SB 6 may be either a 100-percent residential project or a mixed-use project where at least 50 percent of the square footage is dedicated to residential uses. SB 6 are not exempt from CEQA but need not provide any affordable housing. SB 6 projects are required to pay prevailing wages and utilize a "skilled and trained workforce." The provisions of both laws are applicable to local jurisdictions without an implementing ordinance, although such an ordinance is exempt from CEQA.

The charts on the following pages present a summary of key details.

Regional Housing Technical Assistance Program
2 Senate Bill 6 vs. Assembly Bill 2011 (2022)

APPLICABLE ZONES
AB 2011
Mixed-income Housing Projects
AB 2011
100% Affordable Housing Projects SB 6 Projects
• Zone where office, retail, or parking
are principally permitted usei
• Project site abuts a commercial
corridorii and has frontage along the
commercial corridor of minimum of
50 feet
• Zone where office, retail, or parking
are principally permitted use
• Zone where office, retail, or parking
are principally permitted use

EFFECTIVE DATE
All AB 2011 Projects SB 6 Projects
July 1, 2023 July 1, 2023

APPROVAL PROCESS
All AB 2011 Projects SB 6 Projects
• Creates new ministerial process for qualifying projects o For projects with 150 units or lessiii, must be processed in 90 days o For projects with more than 150 units, must be processed in 180 days • Jurisdiction must identify any inconsistencies with qualifying criteria within prescribed timelines, otherwise development is deemed to be in compliance o For projects with 150 units or fewer, must be informed within 60 days of application submission
o For projects more than 150 units, must be informed within 90 days of application submission
• May perform design review, but limited to objective standards only and within the following timelines:
o For projects with 150 units or fewer, within 90 days of submission o For projects with more than 150 units, within 180 days of submission • Jurisdictions may adopt an implementing ordinance (CEQA-exempt) • Does not create any new approval
process
• If the project meets all requirements
(except non-compliance with zoning
prohibiting residential use), then it
may invoke SB 35iv and the Housing
Accountability Act
• Jurisdictions may adopt an
implementing ordinance (CEQAexempt)

CEQA & COASTAL ACT APPLICABILITY
AB 2011
Mixed-income Housing Projects
AB 2011
100% Affordable Housing Projects SB 6 Projects
• Exempt from CEQA
• Not permitted in coastal zones so
Coastal Act would not apply
• Exempt from CEQA
• Coastal Act may apply
• Not exempt from CEQA
• Coastal Act may apply
Regional Housing Technical Assistance Program
3 SITE AND PROJECT CRITERIA
All AB 2011 Projects SB 6 Projects
• Must propose a multifamily housing development projectv • Within an urbanized area or urban cluster (designated by US Census Bureau) • At least 75 percent of the site adjoinsvi parcels developed with urban uses • Not on or adjoined to a site where more than one-third dedicated to industrial usesvii
• Satisfies SB 35 environmental criteria found in Gov. Code Section 65913.4(a)(6)(B)- (K)
• Cannot be on a property that contains one to four dwelling units • For sites within a neighborhood plan areaviii, there is either:
o (As of January 1, 2022) An applicable neighborhood plan that permits multifamily housing development on the site; OR
o (As of January 1, 2024) An applicable neighborhood plan that permits multifamily housing on the site, the notice of preparation for the neighborhood plan was issued before January 1, 2022, the neighborhood plan was adopted between January 1, 2022 and January 1, 2024, and the environmental review for the neighborhood plan was completed before January 1, 2024. • Where the site is vacant, the site satisfies both of the following:
o It does not contain any tribal resources that could be affected by the development, and the effects of which cannot be mitigated pursuant to Public Resources Code Section 21080.3.2
o It is not located in a very high fire severity zone
• Cannot be located on a site governed by the Mobilehome Residency Law, the Recreational Vehicle Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act
• Housing cannot be located within 500 feet of a freewayix • Housing cannot be within 3,200 feet of an oil or natural gas extraction or refinery • Development proponent has completed a Phase I environmental assessment and mitigated any health hazards to a level of insignificance • Notice to commercial tenants and relocation assistance to certain qualifying independently-owned commercial tenants is required
• ADDITIONAL CRITERIA FOR MIXED INCOME PROJECTS ONLY:
o The site is 20 acres or less
o The development would not require the demolition of:
▪ Housing subject to recorded covenant, ordinance or law that restricts rents to levels affordable to moderate, low or very low income households ▪ Housing subject to rent price control
▪ Housing occupied by tenants in the last 10 years, excluding manager's units
o The development would not require the demolition of a historic structure o A prior residential use was not demolished on the site in the last 10 years • The site cannot be one zoned for housing, unless zoned for multifamily residential use (e.g., the site cannot be one zoned for single-family residential development) • Proposed housing development must
be either:
o Project that includes residential
units only; OR
o Mixed-use project with at least 50
percent of the square footage
dedicated to residential use
• The project site is 20 acres or less
• Within an urbanized area or urban
cluster (designated by US Census
Bureau)
• Not on or adjoined to a site where
more than one-third dedicated to
industrial use
• Must be consistent with any
applicable and approved sustainable
community strategy or alternative
planx
• Notice to commercial tenants and
relocation assistance to certain
qualifying independently-owned
commercial tenants is required
Regional Housing Technical Assistance Program
4 AFFORDABLE HOUSING REQUIREMENTS
AB 2011
Mixed-income Housing Projects
AB 2011
100% Affordable Housing Projects SB 6 Projects
• FOR RENTAL PROJECTS:
o 8 percent very-low income and 5
percent extremely low-income; OR
o 15 percent lower income
• FOR OWNER-OCCUPIED PROJECTS:
o 30 percent moderate income; OR
o 15 percent lower income
• Units are subject to recorded deed
restriction:
o 55 years for rental units
o 45 years for owner-occupied units
• Affordable units must be equitably
distributed, have the same
bedroom/bathroom count ratios, and
the same quality appliances, fixtures
and finished as market-rate units
• Local inclusionary requirements
prevail if greater affordability req'd
• 100 percent of the units, excluding
managers' units are dedicated to
lower-income households at an
affordable costxi or affordable CTCAC
rent
• Units are subject to recorded deed
restriction:
o 55 years for rental units
• 45 years for owner-occupied units
• None, unless local inclusionary
requirements applicable

LABOR REQUIREMENTS
All AB 2011 Projects SB 6 Projects
• Prevailing wage requiredxii
• FOR PROJECTS WITH MORE THAN 50 UNITS ONLY: Must require contractors to employ construction craft employees or let subcontracts for at least 1,000 hours to participate in an apprenticeship program and make specified health care contributions
• Developer must require these standards be included in all construction contracts • Developer must certify to the local government that the labor requirements will be met in the project construction
• Developer must provide local agency with monthly compliance reports • Prevailing wage required
• "Skilled and trained workforce"xiii
required
o EXCEPT where, after specified
bidding process, fewer than two
prequalified contractors that are
committed to using a "skilled and
trained workforce" bid on the
contract
• Developer must require these
standards be included in all
construction contracts
• Developer must certify to the local
government that the labor
requirements will be met in the
project construction
• Developer must provide local agency
with monthly compliance reports

DEVELOPMENT STANDARDS
See Appendix A
Regional Housing Technical Assistance Program
5 OTHER NOTABLE PROVISIONS
All AB 2011 Projects SB 6 Projects
• Projects may be eligible for density bonus, incentives or concessions, waivers or parking ratios pursuant to density bonus law
• Local government must ensure project complies with SB 330 replacement housing requirements even if not in affected city or countyxiv
• HCD has enforcement authority and must publish technical assistance • Jurisdictions must include certain specified information about AB 2011 projects in housing element annual reports
• Local agency may exempt parcel if it
makes written findings supported by
substantial evidence of either:
o Concurrently reallocated the lost
residential density to other lots so
there is no-net-loss; OR
o Lost residential density can be
accommodated on a site or sites
allowing residential densities at or
above those specified above and
in excess of the acreage required
to accommodate the local
agency's share of housing for
lower-income households
• May reallocate density to site or site if
those sites:
o Are suitable for residential
development; AND
o Are subject to a by-right
development ordinance
• Prevailing wage requirements may be
enforced by Labor Commissioner
• Developer may be subject to civil
penalty of $10,000 per month for
failure to provide monthly compliance
report
• Developer may be subject to civil
penalty of $200 per day for each
worker employed in contravention of
"skilled and trained workforce"
requirement
Regional Housing Technical Assistance Program
6 APPENDIX A: Development Standards
AB 2011 Mixed-income Housing Projects
• In metropolitan jurisdictionsxv, the residential density shall meet or exceed the greater of the following:
o The existing residential density permitted;
o For sites of less than one acre, 30 units/acre;
o For sites of one acre or greater located on commercial corridor of less than 100 ft in width, 40 units/acre; o For sites of one acre or greater located on commercial corridor of 100 ft or greater width, 60 units/acre; o For sites within one-half mile of major transit stopxvi, 80 units/acre • In non-metropolitan jurisdictions, residential density shall meet or exceed the greater of:
o The existing residential density permitted;
o For sites of less than one acre, 20 units/acre;
o For sites of one acre or greater located on commercial corridor of less than 100 ft in width, 30 units/acre; o For sites of one acre or greater located on commercial corridor of 100 ft or greater width, 50 units/acre; o For sites within one-half mile of major transit stop, 70 units/acre • Height limit applicable shall be the greater of the following:
o Height currently permitted on the parcel;
o For site on commercial corridor of less than 100 feet in width, 35 feet; o For sites on commercial corridor of 100 feet or more, 45 feet; o For sites within one-half mile of a major transit stop in a city with a population of greater than 100,000, 65 feet. • No parking may be required except requirements related to bicycle parking, electric vehicle parking spaces or parking spaces accessible to persons with disabilities
• Meets following setback standards:
o For portion of property that fronts commercial corridor, no setbacks may be required ▪ All parking must be set back at least 25 feet
▪ On ground floor, building must abut within 10 ft of the property line for at least 80% of frontage o For portion of property that fronts side streetxvii, building must abut within 10 ft of property line for at least 60% of frontage o For portion of property that abuts adjoining property that also abuts same commercial corridor, no setbacks may be required UNLESS adjoining property contains residential use that was constructed prior to enactment of AB 2011 o For portion of property that does not abut commercial corridor, side street or adjoining property that abuts same commercial corridor
▪ Along property lines that abut residential use:
• Ground floor shall be set back 10 feet
• Starting with second floor, each floor shall be stepped back in amount equal to 7 ft multiplied by the floor number
• Along property lines that abut non-residential use, the development shall be set back 15 ft Regional Housing Technical Assistance Program
7 AB 2011 100% Affordable Housing Projects
• Project density meets or exceeds applicable density deemed appropriate to accommodate lower-income households pursuant to housing element law
• Development must meet objective zoning, subdivision and design review standards for the zone that allows greater residential density between the following:
o Existing zoning designation for the parcel if it allows multifamily residential use; OR o Zoning designation for the closest parcel that allows residential use at density that is appropriate to accommodate lowerincome households pursuant to housing element law • Development shall be deemed consistent with objective zoning standards related to housing density if compliant with maximum density allowed within the land use designation and regardless of any specified maximum unit allocation that may result in fewer units of housing being permitted
SB 6 Projects
• Project density meets or exceeds applicable density deemed appropriate to accommodate lower-income households pursuant to housing element law
• Must comply with local zoning, parking, design and other ordinances, local code requirements and procedures applicable to the processing and permitting of a housing development in zone that allows for housing with above-described density o If more than one zoning designation allows for above-described density, the applicable zoning standards shall be those for the zoning designation for the closest parcel that allows residential use at density that is appropriate to accommodate lower-income households pursuant to housing element law o If existing zoning designation for the parcel allows residential density that exceeds housing element law density, the existing zoning designation applies
• Must comply with all other objective local requirements for a parcel (except those that prohibit residential use or allow residential use only at a lower density) including impact fee and inclusionary housing requirements Regional Housing Technical Assistance Program
8 Endnotes
i
"Principally permitted use" means a use that may occupy more than one-third of the square footage of designated use on the site and does not require a conditional use permit. The same definition is used in both AB 2011 and SB 6. ii
"Commercial corridor" means a highway, as defined in Vehicle Code Section 360, that is not a freeway, as defined in Vehicle Code Section 332, and that has a right-of-way, as defined in Vehicle Code Section 525, of at least 70 feet but not greater than 150 feet. iii For the purposes of calculating the total units in a development, the development project includes (1) all projects developed on a site regardless of when those developments occur and (2) all projects developed on adjacent sites that were subdivided from the subject site after January 1, 2022.
iv Government Code Section 65913.4 outlines the approval process for SB 35 projects. v
"Multifamily" means a property with five or more housing units for sale or for rent. There is no requirement that the housing units be attached.
vi Parcels separated only by a street or highway are considered adjoined. vii "Dedicated to industrial use" means any of the following: (1) square footage is currently being used as industrial use; (2) more recently permitted use of the square footage is an industrial use; or (3) site was designated for industrial use in local government's latest general plan adopted before January 1, 2022.
viii "Neighborhood plan" means a specific plan adopted pursuant to Government Code Sections 65450, et seq., an area plan, precise plan, urban village plan, or master plan that has been adopted by a local government. ix "Freeway" has the same definition as in Vehicle Code Section 332. x
Sustainable community strategies and alternative plans are outlined in Government Code Section 65080. xi "Affordable cost" is defined by Health and Safety Code Section 50052.5. xii "Prevailing wage" means at least the general prevailing rate or per diem wages for the type of work and the geographic area as determined by the Director of Industrial Relations pursuant to Labor Code Sections 1773 and 1773.9, except apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. The same definition is used in both AB 2011 and SB 6. xiii "Skilled and trained workforce" has the same meaning as in Public Contract Code Sections 2600, et seq. xiv An "affected city" means a city, including a charter city, that the Department of Housing and Community Development determines is in an urbanized area or urban cluster, as designated by the U.S. Census Bureau, but does not include any city that has a population of 5,000 less and is not located within an urbanized area, as designated by the U.S. Census Bureau. Government Code Section 66300(a)(1). An "affected county" means a census designated place, based on the 2013-2017 American Community Survey 5-year Estimates, that is wholly located within the boundaries of an urbanized area, as designated by the U.S. Census Bureau. Government Code Section 66300(a)(2). HCD has published a list of affected cities and affected counties. xv A "metropolitan jurisdiction" is determined pursuant to Government Code Section 65583.2(d)-(e). xvi "Major transit stop" has the same definition as in Public Resources Code Section 21155(b). xvii "Side street" means a highway, as defined in Vehicle Code Section 360, that is not a freeway, as defined in Vehicle Code Section 332, and that has a right-of-way, as defined in Vehicle Code Section 525, of at least 25 and fewer than 70 feet.

Agenda Item: 9(a)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Reina J. Schwartz, City Manager
DATE: November 15, 2022
SUBJECT: Discuss Process for City Manager Recruitment, Potential Interim City Manager Appointment and Appointing a City Council Ad Hoc Subcommittee to Assist in the City Manager Recruitment Process for an Interim and Permanent City Manager
____________________________________________________________________________

RECOMMENDATION
It is recommended that the City Council discuss the process for recruiting a new City Manager, identifying an Interim City Manager and appointing a City Council Ad Hoc Committee to assist in the recruitment process for an interim and permanent City Manager.

BACKGROUND
On October 28, 2022, the current City Manager provided written notice to the City Council of her plan to resign effective February 3, 2023. The City Council has two options for conducting the recruitment for a new City Manager; it can be done in-house or by hiring an executive search firm to conduct the recruitment. The City Council may also wish to establish a City Council Ad Hoc Committee to help facilitate a more efficient selection of an Interim or Acting City Manager as well as recruitment of a new City Manager.

DISCUSSION
While the City has typically conducted almost all of its recruitments using in-house resources, the recruitment of a chief executive position such as the City Manager would be a significant drain on internal City resources, which are already reduced with existing vacancies.

Since 2019, the City has twice used an executive recruitment firm to fill the City Manager position. An executive recruitment firm brings expertise in working with City Councils to develop a candidate profile, developing and executing an advertising and outreach plan and the ability to assess the candidate pool and support the Council in the interview and selection process.

Given that there will be a gap between the current City Manager’s last day and the likely start date for a new permanent City Manager, the City Council will also need to consider the appointment of an Acting or Interim City Manager.

Subject: Process for Interim & Permanent City Manager Recruitment and Establishment of a Council Ad Hoc Date: November 15, 2022
Page | 2
_______________________________________________________________________________________ 2 Since the City Manager is one of the two direct positions that the City Council hires (the other is the City Attorney), it is important for the City Council to be directly involved in the recruitment.

While it is likely and appropriate that all of the Council members would want to be involved in the selection process, it is not essential that all members be involved in the transactions and processes leading up to the candidate screenings, interviews and ultimate selection.

Therefore, it is recommended that the Council consider appointing an Ad Hoc Committee made up of two Council members to serve as the recruitment steering committee for this purpose.

Doing so will streamline and facilitate the complexities of the recruitment process. In previous recruitments, and in many communities, the Ad Hoc Committee was made up of the Council members currently serving as Mayor and Vice Mayor.

A professional recruitment will likely take four months or longer. To provide the most streamlined start to the recruitment, the City Manager has solicited proposals from five executive search firms for assistance in this process. Those proposals have been received and could be made available quickly to a City Council Ad Hoc Committee to review and then make a recommendation to the full City Council on selection of a firm, potentially at a Special Meeting the last week of November, to allow the process to get started as quickly as possible.

FISCAL IMPACTS
The anticipated cost for hiring an executive search firm to conduct the recruitment for a City Manager would be $25,000-$30,000. In 2019, the City executed an agreement with CPS HR for recruitment of a City Manager for $25,000, with a final cost that was approximately $21,600.

The Town of Moraga recently requested proposals for executive recruitment firms and the cost proposals were from $26,900 to $28,000. This one-time cost was not included in the FY2022/23 budget. Funding could come from the Rainy Day Fund, General Fund Reserve or Pandemic Recovery Reserve. Any of these sources would have sufficient resources to cover the cost of the recruitment.