Agenda packet — Clayton City Council, December 6, 2022

AGENDA

REGULAR JOINT MEETINGS
* * *

CLAYTON CITY COUNCIL
and

OAKHURST GEOLOGICAL HAZARD ABATEMENT

DISTRICT (GHAD)
* * *
TUESDAY, December 6, 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 December 6, 2022 Page 2
Instructions for Virtual City Council Meeting – December 6 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_06q0GcosRnmvy4dNOutGlw 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_06q0GcosRnmvy4dNOutGlw 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 December 6, 2022 Page 3
* CITY COUNCIL *
December 6, 2022

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

2. PLEDGE OF ALLEGIANCE – led by Mayor Cloven.

3. 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 15, 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) Cancellation of January 3, 2023 City Council meeting. (City Manager) (View here)
(e) Adopt a Resolution Approving the Results of the Canvass of Returns in the November 2022 Clayton General Municipal Election Declaring Two Citizens Elected to the City Council of Clayton, California for Full Four-Year Terms of Office. (City Clerk) (View here)
(f) Adopt a Resolution Appointing one (1) Citizen to the Trails and Landscape Committee for term of office commencing December 1, 2022 through December 31, 2024. (City Clerk) (View here)
(g) Approve by Minute Order the Purchase of Replacement AED Units at a Net Cost of $11,708 from the Rainy Day Fund. (Chief of Police) (View here) (h) A Resolution of the City Council of the City of Clayton Authorizing the City Manager to Execute Deed Restrictions Applicable to Clayton Community Park and The Grove Park Parcels to Ensure Public Recreational Use of Both Facilities Through June 30, 2048 (Clayton Community Park) and June 30, 2049 (The Grove Park), in Accordance with the California Department of Parks and ____________________________________________________________________________________________ Agenda December 6, 2022 Page 4
Recreation’s Office of Grants and Local Services’ (OGAL) Proposition 68 Grant Programs (CEQA Status: Categorical Exemption, Class 2). (Community Development Director) (View here)

4. RECOGNITIONS AND PRESENTATIONS
(a) Information Only – No Action Requested.
• Human Rights Day – December 10
(b) Certificates of Recognition to public school students for exemplifying the “Do the Right Thing” character trait of “Respect” during the month of October 2022. (Mayor Cloven) (View here)

5. REMARKS BY OUTGOING CITY COUNCIL MEMBERS
Councilmember Carl Wolfe.

6. OATHS OF OFFICE BY NEWLY-ELECTED CITY COUNCIL MEMBERS Jeff Wan and Kim Trupiano.
(City Clerk)

7. ANNUAL REORGANIZATION OF CLAYTON CITY COUNCIL
(a) Election of Mayor by the City Council (View here)
[Mayor Cloven, to conduct the election]
(b) Election of Vice Mayor by the City Council
[Newly-elected Mayor to conduct the election]
(c) Recognitions and remarks by new Mayor and Council Members.

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

9. 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. ____________________________________________________________________________________________ Agenda December 6, 2022 Page 5
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.

10. PUBLIC HEARINGS – None.

11. ACTION ITEMS – None.

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

13. CLOSED SESSION – None.

14. ADJOURNMENT
The next regularly scheduled meeting of the City Council will be December 20, 2022. # # # # #
____________________________________________________________________________________________ Agenda December 6, 2022 Page 6
* OAKHURST GEOLOGICAL HAZARD ABATEMENT DISTRICT *
December 6, 2022

1. CALL TO ORDER AND ROLL CALL – Chair Diaz.

2. PUBLIC COMMENTS
Members of the public may address the District of Boardmembers on items within the Board’s jurisdiction, (which are not on the agenda) at this time. To facilitate the recording, assure an orderly meeting and an equal opportunity for everyone, each speaker is limited to 3 minutes, enforced at the Chair’s discretion. In accordance with State Law, no action may take place on any item not appearing on the posted agenda. The Board 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 Board.

3. CONSENT CALENDAR
Consent Calendar items are typically routine in nature and are considered for approval by the Board with one single motion. Members of the Board, Audience, or Staff wishing an item removed from the Consent Calendar for purpose of public comment, question or input may request so through the Chair.
(a) Approve the Board of Directors’ minutes for its regular meeting July 19, 2022. (Secretary) (View here)

4. ANNUAL REORGANIZATION OF THE BOARD OF DIRECTORS
(a) Nominations and election of Chair (Chair Diaz to conduct the election) (View here) (b) Nominations and election of Vice Chair (New Chair to conduct the election).

5. PUBLIC HEARINGS - None.

6. ACTION ITEMS – None.

7. BOARD ITEMS – limited to requests and directives for future meetings.

8. ADJOURNMENT – the next meeting of the GHAD Board of Directors will be scheduled as needed.
# # #
Agenda Item: 3(a)
____________________________________________________________________________ City Council Minutes November 15, 2022 Page 1

MINUTES
OF THE

REGULAR MEETING

CLAYTON CITY COUNCIL
TUESDAY, November 15, 2022

1. CALL TO ORDER THE CITY COUNCIL – The meeting was called to order at 7:00 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, Wan, and Wolfe. Councilmembers absent: None. Staff present:

City Manager Reina Schwartz, City Attorney Mala Subramanian, City Engineer Larry Thesis, Community Development Director Dana Ayers, 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 Diaz, seconded by Vice Mayor Tillman, to approve the Consent Calendar items 4(a) – 4(e), as submitted. (Passed 5-0). (a) Approved the minutes of the City Council’s regular meeting of November 1, 2022. (City Clerk)
(b) Approved the Financial Demands and Obligations of the City. (Finance) (c) Adopted Resolution No. 78-2022 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)
(d) Adopted Resolution No. 79-2022 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)
(e) Adopted Resolution No. 80-2022 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)
____________________________________________________________________________ City Council Minutes November 15, 2022 Page 2

5. RECOGNITIONS AND PRESENTATIONS
(a) Administration of the Oath of Office to Clayton’s new Chief of Police, Richard McEachin, Jr.

The City Clerk administered the Oath of Office to Clayton’s new Chief of Police, Richard McEachin. Chief McEachin’s girlfriend Yvette then pinned the chief’s badge to Chief McEachin’s police uniform.

Chief McEachin stated he is looking forward to leading a very capable Police Department and the great things its future holds.

Members of the Clayton City Council also welcomed Chief McEachin. (b) Overview of AB 2011 and SB 6.
(City Attorney and Community Development Director)
City Attorney Mala Subramanian presented the PowerPoint presentation.

Community Development Director Dana Ayers answered questions by the City Council.

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

Maria Shulman expressed her concerns of developers not wanting to pay prevailing wages for lower income projects.

Mayor Cloven closed public comment.

6. REPORTS
(a) City Manager Reina Schwartz advised the City is still accepting applications for the Community Financial Sustainability Committee.
(b) City Council - Reports from Council liaisons to Regional Committees, Commissions and Boards.

Councilmember Jeff Wan invited the community to recognize the end of the election at Ed’s Mudville Grill this evening.

Vice Mayor Tillman attended the Trails and Landscaping Committee meeting, met with Chief Kreins, attended the Contra Costa County Mayors’ Conference, attended the League of CA Cities League Leaders meeting, met with the Community Development Director, met with the City Manager, met with citizens on a variety of topics, attended the Pride Committee meeting, announced the Clayton Business and Community Association is looking for volunteers to assist in the holiday decorating this weekend, and advised she will not be able to attend the upcoming Contra Costa County Mayors’ Conference on December 1.

Councilmember Wolfe met with the City Manager, met with the Mayor, attended several Clayton Business and Community Association Committee meetings, attended the Pride Agenda Item: 3(a)
____________________________________________________________________________ City Council Minutes November 15, 2022 Page 3
Committee meeting and will be attending the upcoming East Contra Costa County Habitat Conservancy meeting.

Councilmember Diaz worked the Clayton Business and Community Association decorating and tree lighting chairs, attended the Veterans’ Day Ceremony, attended the Clayton Business and Community Association Art and Wine Committee meeting, met with Chief McEachin and met with the City Manager.

Mayor Cloven attended Transportation Partnership and Cooperation for Central Contra Costa (TRANSPAC) meeting, attended the Veterans Day Ceremony, attended the Clayton Business and Community Association Art and Wine Committee meeting, and contacted CEMEX regarding their activities and monitoring efforts.

7. PUBLIC COMMENT ON NON - AGENDA ITEMS
Larry Love expressed small businesses in Clayton are still struggling and requested the City Council consider disbursement of additional ARPA funding for small businesses in Clayton.

Mayor Cloven closed public comment.

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)
City Manager Reina Schwartz presented the report.

Following questions by the City Council, Mayor Cloven opened the public comment; no comments were offered.

It was moved by Mayor Cloven, seconded by Councilmember Wan, to hire a recruiting firm for the City Manager recruitment, determine Rainy Day Fund as the funding source for the recruitment of City Manager, appointed Vice Mayor Tillman and Councilmember Wan as the Ad-Hoc Committee for the City Manager Recruitment, and approved the Ad Hoc Committee to select a recruiting firm for the City Manager recruitment. (Passed; 5-0)

10. CLOSED SESSION – None.

11. COUNCIL ITEMS
____________________________________________________________________________ City Council Minutes November 15, 2022 Page 4
Vice Mayor Tillman requested a future agenda item regarding a proclamation in support of human rights in Iran, as requested by the Mayor of Pinole at the most recent Contra Costa Mayor’s Conference meeting.

Councilmember Wolfe announced the Clayton Business and Community Association will be having its Christmas in The Grove event on December 3 at 6:00 pm.

12. ADJOURNMENT– on call by Mayor Cloven, the City Council adjourned its meeting at 8:12 p.m.

The next regularly scheduled meeting of the City Council will be December 6, 2022. # # # # #
Respectfully submitted,
________________________________
Janet Calderon, City Clerk

APPROVED BY THE CLAYTON CITY COUNCIL
______________________________________
Peter Cloven, Mayor
# # # # #
Agenda Item: 3(b)

STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: JENNIFER GIANTVALLEY, ACCOUNTING TECHNICIAN
DATE: 12/6/2022
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 12/6/22 (2 pages)

2. Payroll Reconciliation Summary report PPE 11/13/22 (2 pages)

3. Payroll Reconciliation Summary report PPE 11/27/22 (2 pages) Attached Report Purpose Amount
Obligations, Dated 12/6/22 Accounts Payable $ 333,096.40 Payroll Reconciliation Summary Payroll, Taxes $ 90,207.35 Payroll Reconciliation Summary Payroll, Taxes $ 88,077.41 Total Required $ 511,381.16
City of Clayton Obligations for 12/6/22
Vendor name Invoice date Invoice number Invoice description Amount Payment method American Fidelity Assurance Company 11/30/2022 2151300A FSA PPE 11/13/22 $75.00 Bank draft American Fidelity Assurance Company 11/30/2022 2151305A FSA PPE 11/27/22 $75.00 Bank draft American Fidelity Assurance Company 11/30/2022 D519091 Supplemental Insurance November 2022 $641.78 Bank draft Authorize.net 11/30/2022 October22 Online bankcard gateway fee October 2022 $31.80 Bank draft CalPERS Health 11/30/2022 17000694 Medical December 2022 $26,450.80 Bank draft CalPERS Retirement 11/30/2022 111322 Retirement PPE 11/13/22 $17,019.45 Bank draft Mission Square Retirement 11/30/2022 111322 457 Plan contributions PPE 11/13/22 $1,263.46 Bank draft Mission Square Retirement 11/30/2022 112722 457 Plan contributions PPE 11/27/22 $1,263.46 Bank draft Nationwide 11/30/2022 111322 457 Plan contribution PPE 11/13/22 $500.00 Bank draft Nationwide 11/30/2022 112722 457 Plan contribution PPE 11/27/22 $500.00 Bank draft Neopost (add postage) 11/30/2022 111822 Postage added $300.00 Bank draft Paylocity Corporation 11/30/2022 INV1188343 Payroll fees October 2022 $485.00 Bank draft Paysafe Payment Processing 11/30/2022 October2022 OTC Bankcard fees October 2022 $53.05 Bank draft Paysafe Payment Processing 11/30/2022 October22 Online bankcard fees October 2022 $116.49 Bank draft US Bank CalCard 11/30/2022 Stmt end 10/24/22 CalCard charges ending 10/24/22 $7,487.01 Bank draft Wex Bank-Fleet Cards 11/30/2022 85323396 Fleet fuel stmt end 11/25/22 $5,977.33 Bank draft All City Management Services, Inc. 11/30/2022 81064 School crossing guard svcs 10/16/22-10/29/22 $2,631.60 Check AnchorCM 11/30/2022 22-003-4349 Engineering Svcs July 2022 $78,342.50 Check AnchorCM 11/30/2022 22-003-4444 Engineering Svcs October 2022 $31,484.75 Check AT&T (CalNet3) 11/30/2022 19104426 Phones 10/22/22-11/21/22 $1,269.54 Check AT&T (HH Internet) 11/30/2022 322941575-11 Hoyer Hall Internet 11/22/22-12/21/22 $187.25 Check Axon Enterprise, Inc 11/30/2022 INUS116007 PD AB2 Camera Bundle $567.68 Check Bay Area Barricade Serv. 11/30/2022 36204 Signal Ahead sign $130.33 Check Bay Area Barricade Serv. 11/30/2022 36324 Street work signs $1,518.59 Check Best Best & Kreiger LLP 11/30/2022 949932-949937 Legal svcs October 2022 $13,112.24 Check Caltronics Business Systems 11/30/2022 3628034 Copier usage 10/19/22-11/18/22 $149.21 Check CCWD 11/30/2022 110122 Water 9/3/22-11/1/22 $51,478.83 Check Tammy Cerutti 11/30/2022 112022 EH rental deposit refund $500.00 Check Cintas Corporation 11/30/2022 4137809241 PW uniforms through 11/17/22 $64.19 Check Cintas Corporation 11/30/2022 5132334261 Restock first aid cabinet $29.87 Check City of Antioch 11/30/2022 AR167361 PD Vehicle repairs October 2022 $2,093.16 Check City of Antioch 11/30/2022 AR167616 PD Vehicle repairs October 2022 $1,326.09 Check Comcast Business (PD) 11/30/2022 157620118 PD Internet October 2022 $960.74 Check Comcast Business (The Grove Park) 11/30/2022 111022 The Grove Park internet 10/15/22-11/14/22 $123.24 Check Contra Costa County Police Chiefs' Assoc. 11/30/2022 11/3/22 Chiefs' Workshop 2023 $1,250.00 Check Contra Costa Family Justice Alliance 11/30/2022 2021CLT-06 Family Justice Center FY 23 $200.00 Check Corinne Gallagher 11/30/2022 111322 EH rental deposit refund $1,000.00 Check Cropper Rowe, LLP 11/30/2022 420 2nd Progress billing, FS FY 2022 $14,700.00 Check De Lage Landen Financial Services, Inc. 11/30/2022 78094685 PD copier lease November 2022 $129.70 Check De Lage Landen Financial Services, Inc. 11/30/2022 78178514 PD copier lease December 2022 $123.52 Check De Lage Landen Financial Services, Inc. 11/30/2022 78178518 PD copier lease January 2023 $123.52 Check De Lage Landen Financial Services, Inc. 11/30/2022 78311893 Copier lease December 2022 $1,004.49 Check City of Clayton Obligations for 12/6/22
Digital Services 11/30/2022 12161 IT services 10/5/22-11/20/22 $2,749.99 Check Dillon Electric Inc 11/30/2022 4769 Street light repairs 11/17/22 $891.00 Check Everbridge, Inc 11/30/2022 M72135 Nixle 360 11/4/22-11/3/23 $5,400.00 Check Globalstar LLC 11/30/2022 41423930 Sat phone 11/16/22-12/15/22 $135.13 Check GovInvest, Inc 11/30/2022 2022-4038 Finance Consulting hours through October 2022 $17,937.50 Check Green Pro Solutions 11/30/2022 22492 All weather asphalt patch kit $698.88 Check Harris & Associates, Inc. 11/30/2022 55185 CIP engineering svcs October 2022 $2,155.00 Check J&R Floor Services 11/30/2022 Eleven2022 Janitorial svcs November 2022 $5,988.00 Check Jason Shaw 11/30/2022 112122 PD training meal $20.01 Check LarryLogic Productions 11/30/2022 2051 CC meeting production 10/18/22 $480.00 Check LarryLogic Productions 11/30/2022 2057 CC meeting production 11/15/22 $440.00 Check LEHR 11/30/2022 SI80491 Labor - replace camera cable #1744 $105.00 Check LSA Associates Inc 11/30/2022 185446 Consultant svcs October 2022 $360.00 Check Mark A. Clementi 11/30/2022 11-01-22 Pre-employment Psychological Eval - Chief $774.00 Check McMaster-Carr Supply Co 11/30/2022 87872557 Timing belt $81.34 Check Moore Iacofano Golstman, Inc 11/30/2022 78072 Housing Element svcs October 2022 $10,600.00 Check NAVSURFWARCENDIV Crane 11/30/2022 N00164LE1015-23 Electro-Optic Technology Program $300.00 Check Pat Middendorf 11/30/2022 111822 EH rental deposit refund $500.00 Check PG&E 11/30/2022 2572177359-3 Energy @ Maint Dept 10/22/22-11/20/22 $361.24 Check Precision Civil Engineering (PCE) 11/30/2022 27387 21-359.1 ADU Ordinance $179.00 Check Precision Civil Engineering (PCE) 11/30/2022 27390 21-359 Pre-approved ADU Plans $2,065.00 Check Professional Convergence Solutions, Inc 11/30/2022 PCS1115222 CF setup for PD $120.00 Check Professional Convergence Solutions, Inc 11/30/2022 PCS1115223 Fix time on phones from Daylight Savings Time $50.00 Check Professional Convergence Solutions, Inc 11/30/2022 PCS1122221 Repair voicemail @ City Hall $200.00 Check Roto-Rooter Sewer/Drain Service 11/30/2022 510-24487692 CH - Clear main line pipe $527.00 Check Site One Landscape Supply, LLC 11/30/2022 123607544-001 Equipment repair $375.61 Check Site One Landscape Supply, LLC 11/30/2022 124698022-001 Irrigation parts $1,135.82 Check Site One Landscape Supply, LLC 11/30/2022 124985501-001 Redwood mulch $114.02 Check Site One Landscape Supply, LLC 11/30/2022 125022179-0010 Redwood mulch $228.04 Check Stericycle Inc 11/30/2022 3006253950 Medical waste disposal $71.66 Check Swenson's Mobile Fleet Repair 11/30/2022 I005557 PW svc to trailer $112.00 Check T Mobile 11/30/2022 981497075 PD cell phones October 2022 $516.14 Check Teresita Cruz 11/30/2022 120222 Refund EH rental cancellation $1,262.00 Check Texas Life Insurance Company 11/30/2022 SMOF1B20221113001 Supplemental insurance $42.25 Check Verizon Wireless 11/30/2022 9919486019 PW cell phones 10/2/22-11/1/22 $212.13 Check Vision Service Plan (CA) 11/30/2022 816551134 Vision December 2022 $60.52 Check Western Exterminator 11/30/2022 155136C Pest control November 2022 $512.45 Check William D White Co Inc 11/30/2022 459761CLY Replace keypad for maint yard gate $1,661.85 Check Workers.com 11/30/2022 134941 Seasonal workers week end 11/13/22 $2,726.53 Check Workers.com 11/30/2022 134992 Seasonal workers week end 11/20/22 $4,206.62 Check $333,096.40
Payroll Totals
Payroll Checks Check Type Count Net Check Dir Dep Amount Net Amount Regular 31 0.00 68,579.07 68,579.07
Totals 31 0.00 68,579.07 68,579.07 ĺ 68,579.07
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 69,600.72 69,600.72 ĺ 69,600.72 Tax Liability
CA and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA SDI - Employee EXEMPT Semi-Weekly 97,741.28 91,877.57 California SITW Semi-Weekly 96,227.82 96,227.82 4,590.70 Totals 4,590.70 0.00 ĺ 4,590.70
CASUI and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA Edu & Training 0.001000 Quarterly 97,741.28 2,350.00 2.35 California SUI 0.020000 Quarterly 97,741.28 2,350.00 47.00 Totals 0.00 49.35 ĺ 49.35
FITW and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount EE Medicare High
Income
Semi-Weekly 4,921.78 4,921.78 44.30
Federal Income Tax Semi-Weekly 96,227.82 96,227.82 12,579.68 Medicare Semi-Weekly 97,741.28 97,741.28 1,417.27
Medicare - Employer Semi-Weekly 97,741.28 97,741.28 1,417.25 OASDI Semi-Weekly 4,097.44 4,097.44 254.04
OASDI - Employer Semi-Weekly 4,097.44 4,097.44 254.04
Totals 14,295.29 1,671.29 ĺ 15,966.58
Total Tax Liability 18,885.99 1,720.64 ĺ 20,606.63
Transfers
Type Date Source Account Amount
Dir Dep 11/17/2022 68,579.07
Tax 11/17/2022 20,606.63
Total Payroll Liability 90,207.35 ĺ 90,207.35
Paylocity Corporation
(888) 873-8205
Run on 11/15/2022 at 12:26 PM
User: JGiantvalley
Payroll Summary
City of Clayton

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Check Date: 11/18/2022
Pay Period: 10/31/2022 to 11/13/2022
Process: 2022111801
Trust Agency 11/17/2022 1,021.65
Totals Transfers 90,207.35 ĺ 90,207.35
Tax Deposits
Required Tax Deposits Tax Due On Amount
( Deposit made by Service Bureau ) California SITW 11/23/2022 4,590.70 ( Deposit made by Service Bureau ) Federal Income Tax 11/23/2022 15,966.58 ( Deposit made by Service Bureau ) California SUI 1/31/2023 49.35 Total Tax Deposits 20,606.63
Paylocity Corporation
(888) 873-8205
Run on 11/15/2022 at 12:26 PM
User: JGiantvalley
Payroll Summary
City of Clayton

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Check Date: 11/18/2022
Pay Period: 10/31/2022 to 11/13/2022
Process: 2022111801
Payroll Totals
Payroll Checks Check Type Count Net Check Dir Dep Amount Net Amount Regular 27 0.00 66,676.02 66,676.02
Totals 27 0.00 66,676.02 66,676.02 ĺ 66,676.02
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 67,697.67 67,697.67 ĺ 67,697.67 Tax Liability
CA and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA SDI - Employee EXEMPT Semi-Weekly 96,180.80 87,271.17 California SITW Semi-Weekly 94,667.34 94,667.34 4,602.78 Totals 4,602.78 0.00 ĺ 4,602.78
CASUI and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA Edu & Training 0.001000 Quarterly 96,180.80 5,593.13 5.59 California SUI 0.020000 Quarterly 96,180.80 5,593.13 111.86 Totals 0.00 117.45 ĺ 117.45
FITW and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount EE Medicare High
Income
Semi-Weekly 8,909.63 8,909.63 80.19
Federal Income Tax Semi-Weekly 94,667.34 94,667.34 12,549.31 Medicare Semi-Weekly 96,180.80 96,180.80 1,394.63
Medicare - Employer Semi-Weekly 96,180.80 96,180.80 1,394.62 OASDI Semi-Weekly 1,941.60 1,941.60 120.38
OASDI - Employer Semi-Weekly 1,941.60 1,941.60 120.38
Totals 14,144.51 1,515.00 ĺ 15,659.51
Total Tax Liability 18,747.29 1,632.45 ĺ 20,379.74
Transfers
Type Date Source Account Amount
Dir Dep 12/1/2022 66,676.02
Tax 12/1/2022 20,379.74
Total Payroll Liability 88,077.41 ĺ 88,077.41
Paylocity Corporation
(888) 873-8205
Run on 11/29/2022 at 2:38 PM
User: JGiantvalley
Payroll Summary
City of Clayton

Page 1 of 2 ends

Check Date: 12/02/2022
Pay Period: 11/14/2022 to 11/27/2022
Process: 2022120201
Trust Agency 12/1/2022 1,021.65
Totals Transfers 88,077.41 ĺ 88,077.41
Tax Deposits
Required Tax Deposits Tax Due On Amount
( Deposit made by Service Bureau ) California SITW 12/7/2022 4,602.78 ( Deposit made by Service Bureau ) Federal Income Tax 12/7/2022 15,659.51 ( Deposit made by Service Bureau ) California SUI 1/31/2023 117.45 Total Tax Deposits 20,379.74
Paylocity Corporation
(888) 873-8205
Run on 11/29/2022 at 2:38 PM
User: JGiantvalley
Payroll Summary
City of Clayton

Page 2 of 2 ends

Check Date: 12/02/2022
Pay Period: 11/14/2022 to 11/27/2022
Process: 2022120201
Agenda Item: 3(c)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
DATE: December 6, 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: December 6, 2022

Page 2 of 2 ends

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 December 6, 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 6th day of December 2022, by the following vote.

Resolution ##-2022 AB 361 December 6, 2022
AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON,
CA
Peter Cloven, Mayor
ATTEST:
_________________________________
Janet Calderon, City Clerk
Agenda Item: 3(d)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Reina Schwartz, City Manager
DATE: December 6, 2022
SUBJECT: Cancellation of January 3, 2023 City Council meeting ___________________________________________________________________________

RECOMMENDATION
It is recommended the City Council, by minute motion, cancel its regular public meeting scheduled to be held on Tuesday, January 3, 2023.

BACKGROUND
Clayton Municipal Code Section 2.04.010 specifies the regular public meetings of the Clayton City Council shall be held on the first and third Tuesdays of each and every month.

Application of this Code section to the upcoming 2022/23 holiday calendar means the first City Council meeting on January 3, 2023 would need to be prepared during the 2022 Holiday closure.

SUGGESTED CANCELLATION OF JANUARY 3, 2023 MEETING
In evaluating the flow and tracking of agenda items for the remainder of 2022 calendar year, as of this writing there are no critical items that would need to be heard at the January 3, 2023 meeting. Given the relative absence of agenda items to conduct pressing City business, it is recommended that the City Council meeting on January 3, 2023 be canceled.

To provide optimum notice of meeting cancellation to interested members of the public and to our community as well as to arrange scheduling of agenda matters for the January 17th City Council meeting, the matter has been placed on this Agenda for advance notice, consideration, and action.

FISCAL IMPACT
There is no adverse financial impact to the City for cancellation of City Council meetings.

Nominal savings occur for expenses incurred in the preparation, publication, and holding of a Council meeting (e.g. staff time, paper and copying expenses, meeting room utilities, video-taping of the meetings for livestreaming and cable television re-broadcast).

Agenda Item: 3 (e)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Janet Calderon, City Clerk
DATE: December 6, 2022
SUBJECT: Adopt a Resolution Approving the Results of the Canvass of Returns in the November 2022 Clayton General Municipal Election Declaring Two Citizens Elected to the City Council of Clayton, California for Full FourYear Terms of Office ___________________________________________________________________________

RECOMMENDATION
By Consent Calendar minute motion, adopt a Resolution declaring the Contra Costa County Elections Office’s results of canvass of returns in the November 2022 General Municipal Election has resulted in two citizens elected to the City Council of Clayton, California for full four-year terms of office:

BACKGROUND
Since the 2022 General Election resulted in a larger and more complex ballot, and greater voter participation, the official canvassing process will be completed within 30 days of the election, as required by Election Code 15372(a). The Contra Costa County Elections Department will have the Certification of the Official Results ready after 4:30 p.m. on December 2, with those results available for in-person pick-up by each city clerk. The final official canvas information will be provided for Council approval the evening of December 6.

FISCAL IMPACT
None.

Attachment: City Resolution with Exhibit A [2 pp.]
___________________________________________________________________________________ Resolution No. ## -2022 1 December 6, 2022
RESOLUTION NO. ##-2022

A RESOLUTION APPROVING THE RESULTS OF CANVASS OF RETURNS IN THE 2022 CLAYTON GENERAL MUNICIPAL ELECTION AND DECLARING TWO

CITIZENS ELECTED TO THE CITY COUNCIL OF THE CITY OF CLAYTON

THE CITY COUNCIL
City of Clayton, California
WHEREAS, a duly noticed Clayton General Municipal Election was held in the City of Clayton on November 8, 2022 for the purpose of voting for candidates for two (2) fullterm offices of Council Member on the City Council of the City of Clayton; and WHEREAS, following the canvass of returns by the Contra Costa County Clerk and receipt of his report by the City Clerk, the City Council met in a regular public meeting on December 6, 2022 to consider the canvassed returns of the election pursuant to and accordance with applicable provisions of the California Elections Code; and WHEREAS, the City Council finds that there were ten precincts in the City of Clayton established for holding the November 2022 General Municipal Election; and WHEREAS, the City Council finds that the number of ballots cast in the City of Clayton at the General Municipal Election as of December 1, 2022 is 5,816, a 68.61% turnout; and
WHEREAS, the City Council finds that the names of the persons voted for and the number of votes given said persons in the Clayton General Municipal Election at each of the above noted precincts and by absentee ballot as candidates for the offices of Council Member on the Clayton City Council and the total votes cast for each candidate, are as set forth in the computer printout by the Contra Costa County Election Department, attached hereto as “Exhibit A” and incorporated herein by such reference.

NOW, THEREFORE, BE IT RESOLVED by the City Council of Clayton, California that the following candidates (listed in order of most votes) for the three available elected offices of Council Member of the City Council of the City of Clayton did receive the three highest number of votes as shown on “Exhibit A”, and are herewith declared to be the two (2) Council Members duly elected to serve on the Clayton City Council for a fouryear term of office and until the results of the November 2026 General Municipal election are canvassed and accepted:

Jeff Wan
Kim Trupiano
___________________________________________________________________________________ Resolution No. ## -2022 2 December 6, 2022
PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California at a regular public meeting thereof held on the 6th day of December 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

Agenda Item: 3(f)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Janet Calderon, City Clerk
DATE: December 6, 2022
SUBJECT: Adopt a Resolution Appointing one (1) Citizen to the Trails and Landscape Committee for term of office commencing December 1, 2022 through December 31, 2024
_________________________________________________________________________

BACKGROUND
On October 31, 2022 the City received an application from an interested citizen to serve on the Trails and Landscape Committee. The application was forwarded to the City Council Trails and Landscape Interview Committee consisting of Mayor Cloven and Vice Mayor Tillman for consideration of an appointment.

The Council’s Trails and Landscape interview sub-committee has recommended appointment of applicant Martin Andrew. This citizen appointment will bring the total membership to ten (10) for this advisory committee (11 maximum).

RECOMMENDATION
Upon recommendation of the City Council sub-committee, it is proposed that the City Council adopt the attached Resolution appointing Martin Andrews to this citizens’ advisory Committee.

FISCAL IMPACT
None; TLC members serve without compensation or stipend.

Attachments: Resolution- 2 pages
TLC Application – 1 page

___________________________________________________________________________________ Resolution No. ##-2022 TLC Appt 1 December 6, 2022
RESOLUTION NO. ##- 2022

A RESOLUTION APPOINTING ONE CITIZEN

TO THE TRAILS AND LANDSCAPE CITIZENS ADVISORY COMMITTEE

THE CITY COUNCIL
City of Clayton, California
WHEREAS, in 2006, the City Council of Clayton adopted Resolution No. 8-2006 establishing and appointing a permanent citizens’ advisory committee entitled “Trails and Landscape Committee” (“TLC”) for oversight of the 1997 Citywide Landscape Maintenance District (CFD 2007-1); and
WHEREAS, in 2007, the City Council of Clayton adopted Resolution No. 38-2007 appointing up to eleven (11) citizen members as the Citizens Oversight Committee for the Citywide Landscape Maintenance District (CFD 2007-1); and
WHEREAS, in 2011, the City Council of Clayton adopted Resolution No. 4-2011 revising the ending date to December 31 for the term of office for members of Trails and Landscape Committee (the Citizens’ Oversight Committee) to the Citywide Landscape Maintenance District (CFD 2007-1) and extending the current members terms accordingly; and WHEREAS, on October 31, 2022 the City received an application from an interested citizen; and
WHEREAS, the City Council’s TLC Interview Sub-Committee has considered and does recommend appointment of one interested citizen (Martin Andrews) to the Trails and Landscape Committee.

NOW, THEREFORE, BE IT RESOLVED that the City Council of Clayton, California, does hereby appoint Martin Andrews to the Trails and Landscape Citizens’ Advisory Committee of the City of Clayton for the term of appointed office to expire on December 31, 2024.

PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California at a regular public meeting thereof held the 6th day of December 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

THE CITY COUNCIL OF CLAYTON, CA
__________________________________
Peter Cloven, Mayor
___________________________________________________________________________________ Resolution No. ##-2022 TLC Appt 2 December 6, 2022
ATTEST:
_______________________________
Janet Calderon, City Clerk

Agenda Item: 3(g)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Police Chief McEachin
DATE: December 6, 2022
SUBJECT: Approve by Minute Order the Purchase of replacement AED units at a Net Cost of $11,708 from the Rainy Day Fund
___________________________________________________________________________

RECOMMENDATION
It is recommended that Council approve the purchase of nine (9) Physio-Control LIFEPAK CR2 AED units to replace the old, discontinued Physio-Control LIFEPAK CR Plus AED units for a net cost of $11,708 from the Rainy Day Fund.

BACKGROUND
The majority of emergency calls for service requiring the fire department and an ambulance in the City of Clayton are medical emergencies. In 2012, the Clayton Police Department was awarded a grant to purchase five Automated External Defibrillator (AED) machines. This enabled us to have an AED in each on-duty police vehicle, one at City Hall and the one on the wall in Hoyer Hall. A short-time later, Clayton CERT was able to obtain four additional AED units, placing them at restaurants downtown, inside the library, and at the Maintenance Department, bringing the total in the City to nine. The Clayton Police Department has been responsible for replacing the batteries and pads when one of these AED units were used, or every 2 years as part of the regular replacement schedule required by the manufacturer.

The Physio-Control LIFEPAK CR Plus was discontinued approximately three years ago, and the warranty expired in 2020. Obtaining replacement batteries/pads for our current units takes approximately 18 months to receive due to significant manufacturing delays since the units were discontinued.

DISCUSSION
According to the American Heart Association, almost half of all cardiac deaths in 1999 occurred before emergency services and hospital treatment could be administered. Both the American Heart Association and the CDC recommend that if you suspect someone is having a heart attack or cardiac arrest, that an Automated External Defibrillator be used after calling 911. The use of an AED greatly increases a person’s chance of survival if used within the first few minutes.

Police Departments have recognized that as First Responders - who are already on the street, in neighborhoods and around businesses - are in an advantageous position to get to a cardiac emergency scene more rapidly than the fire department or an ambulance.

Equipping police officers with AED units and strategically placing AED units in common areas ensures a greater chance of saving a life during a cardiac emergency.

The new Physio-Control LIFEPAK CR2 has an 8-year warranty and the batteries and pads have a regular replacement schedule of every 4 years or when the unit is used. Additionally, these units are fully automated and provide step-by-step use instructions specifically designed to be used by both our police officers and members of the public during a medical emergency.

FISCAL IMPACT
The vendor previously used for the original AED purchase is offering a significant discount on the purchase of replacement AED units and is offering a $2,250 rebate for the trade-in of our discontinued AED units.

The total cost of nine (9) Physio-Control LIFEPAK CR2 AED units is $13,957.52. After the rebate is taken into account, the net cost is $11,708.

Unit: Cost Each Total
LIKEPAK CR2 $1,345.00 $12,105.00
Hard Case $101.00 $909.00
Tax $943.52
Because the grant process can take between six months and a year to complete, applying for grants is not feasible this time around since the units are in need of replacement now.

Staff recommendation is to use funds from the Rainy Day Fund for this unanticipated but needed expense. The current available balance for the Rainy Day Fund is $86,971. If this expenditure is approved, the remaining balance would be $75,263. This Fund is in addition to the Pandemic Recovery Reserve with a balance of $1,468,914 and the main General Fund reserve of $5,931,772.

Attachment: A
AED quote

Attachment A
Division of Narva Enterprises 8091 Shaffer Parkway
Littleton, CO 80127
(888) 970.7799
Item Description Qty Cost Total
99512-001434
11260-000047
LIFEPAK CR2 USB (Fully-Automatic) AED w/ Handle, (English), Energy:
200-300-360 Joules. Includes: 1 PR Quik-Step™
pacing/ECG/adult/pediatric defibrillation electrodes-4 years with pre-connected system, 1 battery-4 years, USB cable, operating instructions, 8 Year Warranty.
*** WHILE SUPPLIES LAST ***
CR2 Semi Hard Case - White

REBATE PROGRAM
$250.00/ea for LIFEPAK CR Plus Model. Devices must be recieved by AEDs Today within 30 days of new LIFEPAK CR2 Delivery
9 9
1,345.00
101.00
12,105.00T
909.00T
Phone # Fax # E-mail Subtotal $13,014.00
888.970.7799 303.484.7518 [email protected]
Sales Tax (7.25%) $943.52
Total $13,957.52
Date Quotation #
11/29/2022 13589
Clayton Police Dept.

Jason Shaw 6000 Heritage Trail
Clayton, CA 94517
[email protected]
Ship To
Clayton Police Dept.

Jason Shaw
6000 Heritage Trail
Clayton, CA 94517
Name / Address
Agenda Item: 3(h)
1 AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Dana Ayers, AICP, Community Development Director
DATE: December 6, 2022
SUBJECT: A Resolution of the City Council of the City of Clayton Authorizing the City Manager to Execute Deed Restrictions Applicable to Clayton Community Park and The Grove Park Parcels to Ensure Public Recreational Use of Both Facilities Through June 30, 2048 (Clayton Community Park) and June 30, 2049 (The Grove Park), in Accordance with the California Department of Parks and Recreation’s Office of Grants and Local Services’ (OGAL) Proposition 68 Grant Programs (CEQA Status: Categorical Exemption, Class 2)
___________________________________________________________________________

RECOMMENDATION
Staff recommends the City Council adopt the attached resolution authorizing the City Manager to execute and record deed restrictions ensuring use of The Grove and Clayton Community Park for public recreational use through June 30, 2049 and June 30, 2048, respectively, in accordance with the requirements of Proposition 68 grant funding programs.

BACKGROUND
The California Department of Parks and Recreation’s OGAL’s Recreational Infrastructure Revenue Enhancement (RIRE) and Per Capita grant funding programs originate from Proposition 68, placed on the ballot via Senate Bill 5 (DeLeon, Chapter 852, statutes of 2017), and approved by California voters on June 5, 2018. Codified in part in Public Resources Code (PRC), Division 46, Senate Bill 5 authorized “issuance of bonds in the amount of $4 billion pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program.” Funds are provided through various programs that include the RIRE and Per Capita Grant Programs.

Under the Per Capita Program (PRC Section 80061), grant funds are made available to local governments on a per capita basis. Grant recipients are encouraged to use funds to 2 rehabilitate existing recreational infrastructure and address deficiencies in neighborhoods lacking access to the outdoors. For projects not serving a severely disadvantaged community in which median income is less than 60 percent of the statewide average, the recipient agency is required to provide a local match of 20 percent of the total project cost through in-house employee services, volunteer labor, and/or federal, local or private funds.

Based on City and County population, the City of Clayton is eligible for up to $185,074 through the Proposition 68 Per Capita Program. Because Clayton is not a “severely disadvantaged community,” the City must provide a minimum 20 percent project cost match to the grant funds, equal to $46,269.

Through the RIRE Program (PRC Section 80066), funds are available for a local agency that has obtained voter approval between November 1, 2012, through November 30, 2018, for revenue enhancement measures aimed at improving and enhancing local or regional park and recreational infrastructure. Funds are awarded proportionally based on the population of the voting area. A recipient of grant funds through the RIRE program is eligible to receive funds based on a per person basis, with a minimum allocation of $250,000. No local match is required. Eligible projects exclude maintenance efforts but can include new and replacement recreational facilities, equipment and amenities installed within the grant performance period of July 1, 2019, through June 30, 2024.

On September 15, 2020, the City Council adopted Resolution No. 45-2020 authorizing the City Manager to file an application and to execute the grant agreement and other documents necessary to secure the Proposition 68 Per Capita Grant Program funds. On March 1, 2022, the City Council identified the replacement of the two play structures at Clayton Community Park as the project toward which the Per Capita funds would be applied.

On December 15, 2020, the City Council adopted Resolution No. 60-2020 authorizing the City Manager to file an application and to execute the grant agreement and other documents necessary to secure the Proposition 68 RIRE Program funds in the amount of $250,000. On March 15, 2022, the Council identified a list of facilities and equipment installations toward which to apply the grant funds. Parameters of the RIRE grant program confined expenditures of that program’s funds to The Grove, a facility for which Clayton residents had previously passed a recreational facility ballot measure (most recently, City of Clayton Special Parcel Tax, Measure P, passed November 2014).

DISCUSSION
Terms of both the Per Capita and RIRE grant funding programs require the grant recipient (the City) to execute a deed restriction on the property or properties that the grant recipient owns and to which the grant funds will be applied. The deed restriction restricts the title of the property to ensure that the property is used for public recreational purposes consistent with the intent of both grant programs, as described above. For The Grove (RIRE grant), the term of the deed restriction is a period starting on July 1, 2019, through June 30, 2049; for Clayton Community Park (Per Capita grant) the term of the deed restriction is a period starting on July 1, 2018, through June 30, 2048.
3 Government Code section 37351 gives a city’s legislative body (City Council) control over the purchase, lease, exchange or reception of property within or outside of its city limits. The statute also gives to the City Council the authority to control such property for the benefit of the City.

The City Council is requested to give authorization to the City Manager to execute and record the deed restrictions on the City’s behalf on The Grove and the Clayton Community Park parcels, to ensure that both facilities remain available to the public for recreational purposes in accordance with the terms of the Proposition 68 grant programs through a date no earlier than June 30, 2049, and June 30, 2048, respectively.

ENVIRONMENTAL
This action is a component of two projects that consist of the replacement of existing play structures, facilities and amenities in two existing parks in the City: The Grove Park and Clayton Community Park. No expansion of the parks or their boundaries is necessary for the project, and the deed restrictions would ensure continued use of the existing parks for public recreational purposes through June 30, 2049, and June 30, 2048, and respectively.

The projects and this current action to authorize recording of deed restrictions on the two parks’ parcels are therefore exempt from the California Environmental Quality Act (CEQA, Public Resources Code section 21000 et seq.) pursuant to CEQA Guidelines section 15302, Categorical Exemption Class 2 (Replacement or Reconstruction). The City filed notices of the exemption from CEQA for the projects on March 2, 2022, and March 16, 2022.

FISCAL IMPACTS
There are nominal fiscal impacts associated with recording the deed restrictions in accordance with the grant program requirements. Costs would be limited to the fees to record the documents with the County Recorder’s office. Not executing and recording the deed restrictions would render the City ineligible to receive funds through the Proposition 68 programs, and the City would need to identify other local or grant fund sources to replace the aging amenities or to install any new features in both public parks.

ATTACHMENTS

1. Resolution

2. Per Capita Program Deed Restriction (Clayton Community Park)

3. RIRE Program Deed Restriction (The Grove Park)
Resolution No. ##-2022 Deed Restrictions Page 1 of 2 December 6, 2022 RESOLUTION NO. ##-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON AUTHORIZING

THE CITY MANAGER TO EXECUTE DEED RESTRICTIONS APPLICABLE TO CLAYTON

COMMUNITY PARK AND THE GROVE PARK PARCELSTO ENSURE PUBLIC RECREATIONAL USE OF BOTH FACILITIES THROUGH JUNE 30, 2048 (CLAYTON COMMUNITY PARK) AND JUNE 30, 2049 (THE GROVE) IN ACCORDANCE WITH THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION’S OFFICE OF GRANTS AND LOCAL SERVICES’ (OGAL) PROPOSITION 68 GRANT PROGRAMS

THE CITY COUNCIL
City of Clayton, California
WHEREAS, OGAL’s Recreational Infrastructure Revenue Enhancement (RIRE) and Per Capita grant funding programs originate from Proposition 68, placed on the ballot via Senate Bill 5 (DeLeon, Chapter 852, statutes of 2017), and approved by California voters on June 5, 2018, and authorized “issuance of bonds in the amount of $4 billion pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program;” and WHEREAS, recipients of the grant programs are encouraged to use grant funds to improve, enhance and rehabilitate local or regional park and recreational infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors; and WHEREAS, on September 15, 2020, the City Council adopted Resolution No. 45-2020 authorizing the City Manager to file an application and to execute the grant agreement and other documents necessary to secure the Proposition 68 Per Capita Grant Program funds, and on March 1, 2022, the City Council identified the replacement of the two play structures at Clayton Community Park as the project toward which the Per Capita funds would be applied; and
WHEREAS, on December 15, 2020, the City Council adopted Resolution No. 60-2020 authorizing the City Manager to file an application and to execute the grant agreement and other documents necessary to secure the Proposition 68 RIRE Program funds in the amount of $250,000, and on March 15, 2022, the Council identified a list of facilities and equipment installations in The Grove Park toward which the grant funds would be applied; and
WHEREAS, terms of both the Per Capita and RIRE grant funding programs require the grant recipient (the City) to execute a deed restriction on the property or properties that the grant recipient owns and to which the grant funds will be applied, to ensure that the properties are used for public recreational purposes consistent with the intent of both grant programs; and
Resolution No. ##-2022 Deed Restrictions Page 2 of 2 December 6, 2022 WHEREAS, the projects funded through these grant programs and the action to authorize recording of deed restrictions on the two parks’ parcels are exempt from the California Environmental Quality Act (CEQA, Public Resources Code section 21000 et seq.) pursuant to CEQA Guidelines section 15302, Categorical Exemption Class 2 (Replacement or Reconstruction); and
WHEREAS, Government Code section 37351 gives a city’s legislative body (City Council) control over the purchase, lease, exchange or reception of property within or outside of its city limits and authorizes the City Council to control such property for the benefit of the City.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of Clayton, California, does hereby authorize the City Manager to execute and record deed restrictions on the City’s behalf on The Grove and the Clayton Community Park properties (Assessor’s Parcel Nos. 119-015-007, 118-520-006 and 118-520-014) to ensure that both facilities remain available to the public for recreational purposes through a date no earlier than June 30, 2049, and June 30, 2048, respectively, in accordance with the terms of the Proposition 68 RIRE and Per Capita grant programs.

PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California, at a regular public meeting thereof held on the 6th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA
Mayor
ATTEST:

Janet Calderon, City Clerk
1 RECORDING REQUESTED BY:

California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:

Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Erin Spencer
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE

DEED RESTRICTION
I. WHEREAS, _____________________________________________________________ _____________________________________ (hereinafter referred to as “Owner(s)” is/are recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the “Property”); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as “DPR”) is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the “PRC”). And III. WHEREAS, Owner(s) (or Grantee) applied to DPR for grant funds available pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018 Parks Bond Act, 2018 Parks Bond Act Per Capita Program to Replace play structure equipment and recreational amenities on the Property; and
IV. WHEREAS, on _July 1, 2020 , DPR’s Office of Grants and Local Services conditionally approved Grant 18-07-040 , (hereinafter referred to as “Grant”) to Replace play structure equipment and recreational amenities on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, 2018 Parks Bond 2 Act Per Capita Program and the funds that are the subject of the Grant could therefore not have been granted; and
VI. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant; NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successorsin-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof.

1. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from July 1, 2018 through June 30, 2048.

2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statue, which survives a sale of tax-deeded property.

3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed.

4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and 3 all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach.

5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired.

Dated: ______________________, 20 ____
Business Name (if property is owned by a business): __________________________________________ Owner(s) Name(s): ____________________________________________________________________ _____________________________________________________________________________________ Signed: ________________________________ Signed: ________________________________ ________________________________ ________________________________

PRINT/TYPE NAME & TITLE OF ABOVE PRINT/TYPE NAME & TITLE OF ABOVE (GRANTEE’S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE, AS REQUIRED) **NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
4 State of California
County of _______________
On __________________ before me, __________________________, a Notary Public, personally appeared _____________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

ALL THAT REAL PROPERTY SITUATED IN THE CITY OF CLAYTON, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

ALL THAT PORTION OF LOTS 99, 100, 113, AND 114 AS SAID LOTS ARE SHOWN AND SO DESIGNATED ON THE OFFICIAL MAP OF SUBDIVISION 6990 FILED DECEMBER 20, 1988 IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY IN BOOK 328 OF MAPS AT PAGE 21.

EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND:

COMMENCING AT A POINT ON THE NORTHASTERN LINE OF MARSH CREEK ROAD, AS SAID LINE IS SHOWN AND SO DESIGNATED ON SAID MAP OF SUBDIVSION 6990,

AT THE NORTHWESTERN TERMINUS OF THE COURSE SHOWN ON SIAD MAP AS “NORTH 34°37’13” WEST 123.29 FEET” AND RUNNING THENCE NORTHWESTERLY ALONG SAID NORTHEASTERN LINE ALONG THE ARC OF A 1240.00 FOOT RADIUS CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS NORTH 55°22’47” EAST, THROUGH A CENTRAL ANGEL OF 10°36’43” AN ARC DISTANCE OF 229.66 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND;

THENCE, FROM SAID POINT OF BEGINNING, CONTINUING NORTHERLY ALONG SAID NORTHEASTERN LINE OF MARSH CREEK ROAD THE FOLLOWING 2 (TWO) COURSES: 1) ALONG THE CONTINUATION OF THE LAST NAME 1240.00 FOOT RADIUS CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS NORTH 65°50’30” EAST, THROUGH A CENTRAL ANGLE OF 46°52’59” AN ARC DISTANCE OF 1014.65 FEET TO A POINT OF REVERSE CURVATURE, AND 2) ALONG THE ARC OF A TANGENT 1100.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 04°52’34” AN ARC DISTANCE OF 93.62 FEET; THENCE, LEAVING SAID NORTHEASTERN LINE SOUTH 72°02’40” EAST 62.00 FEET; THENCE, SOUTH 19°42’42” EAST 164.25 FEET; THENCE, SOUTH 16°32’06” EAST 214.18 FEET; THENCE, SOUTH 31°30’59” EAST 160.05 FEET; THENCE, SOUTH 34°26’06” EAST 282.17 FEET; THENCE SOUTH 26°52’27” EAST

98.90 FEET; THENCE, SOUTH 63° 56’ 13” WEST 541.22 FEET TO THE POINT OF BEGINNING.

CONTAINING 60.3560 ACRES, MORE OR LESS.

EXHIBIT B

GRANT CONTRACTS
DocuSign Envelope ID: C1E7E0C6-F8CE-43FD-8D65-AEEE0376F1CF 3/22/2022
DocuSign Envelope ID: C1E7E0C6-F8CE-43FD-8D65-AEEE0376F1CF DocuSign Envelope ID: C1E7E0C6-F8CE-43FD-8D65-AEEE0376F1CF DocuSign Envelope ID: C1E7E0C6-F8CE-43FD-8D65-AEEE0376F1CF DocuSign Envelope ID: C1E7E0C6-F8CE-43FD-8D65-AEEE0376F1CF DocuSign Envelope ID: C1E7E0C6-F8CE-43FD-8D65-AEEE0376F1CF DocuSign Envelope ID: C1E7E0C6-F8CE-43FD-8D65-AEEE0376F1CF DocuSign Envelope ID: C1E7E0C6-F8CE-43FD-8D65-AEEE0376F1CF 3/22/2022
DocuSign Envelope ID: C1E7E0C6-F8CE-43FD-8D65-AEEE0376F1CF 3/22/2022
DocuSign Envelope ID: C1E7E0C6-F8CE-43FD-8D65-AEEE0376F1CF DocuSign Envelope ID: C1E7E0C6-F8CE-43FD-8D65-AEEE0376F1CF DocuSign Envelope ID: C1E7E0C6-F8CE-43FD-8D65-AEEE0376F1CF DocuSign Envelope ID: C1E7E0C6-F8CE-43FD-8D65-AEEE0376F1CF DocuSign Envelope ID: C1E7E0C6-F8CE-43FD-8D65-AEEE0376F1CF DocuSign Envelope ID: C1E7E0C6-F8CE-43FD-8D65-AEEE0376F1CF DocuSign Envelope ID: C1E7E0C6-F8CE-43FD-8D65-AEEE0376F1CF 3/22/2022
1 RECORDING REQUESTED BY:

California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:

Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Erin Spencer
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE

DEED RESTRICTION
I. WHEREAS,____(insert ownership information as it appears on the deed) ___________ _____________________________________ (hereinafter referred to as “Owner(s)” is/are recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the “Property”); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as “DPR”) is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the “PRC”); and III. WHEREAS, Owner(s) (or Grantee) received an allocation of grant funds available pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of the 2018 Parks Bond Act, Recreational Infrastructure Revenue Enhancement Program for improvements on the Property; and
IV. WHEREAS, on _July 1, 2019 , DPR’s Office of Grants and Local Services conditionally approved Grant RI-07-001 , (hereinafter referred to as “Grant”) for improvements on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, Recreational 2 Infrastructure Revenue Enhancement Program and the funds that are the subject of the Grant could therefore not have been allocated; and
VI. WHEREAS, Owner(s) has/have elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant; NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for themselves and for their heirs, assigns, and successors-in-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof.

1. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all their assigns or successors-in-interest for the period running from July 1, 2019 through June 30, 2049.

2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax-deeded property.

3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed.

4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction 3 up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach.

5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

EXHIBIT B

GRANT CONTRACT
DocuSign Envelope ID: 1F33480E-7EB5-48BA-9F35-8AD57F995F56 3/25/2022
DocuSign Envelope ID: 1F33480E-7EB5-48BA-9F35-8AD57F995F56 DocuSign Envelope ID: 1F33480E-7EB5-48BA-9F35-8AD57F995F56 DocuSign Envelope ID: 1F33480E-7EB5-48BA-9F35-8AD57F995F56 DocuSign Envelope ID: 1F33480E-7EB5-48BA-9F35-8AD57F995F56 DocuSign Envelope ID: 1F33480E-7EB5-48BA-9F35-8AD57F995F56 DocuSign Envelope ID: 1F33480E-7EB5-48BA-9F35-8AD57F995F56 DocuSign Envelope ID: 1F33480E-7EB5-48BA-9F35-8AD57F995F56 DocuSign Envelope ID: 1F33480E-7EB5-48BA-9F35-8AD57F995F56 3/25/2022
Agenda Item: 4 (b)

KYLE HUNT
for
“Doing the Right Thing”
at
Mt. Diablo Elementary School
by exemplifying great
“Respect”
October 2022

JACKSON RING
for
“Doing the Right Thing”
at
Mt. Diablo Elementary School
by exemplifying great
“Respect”
October 2022

LEXI GONZALEZ
for
“Doing the Right Thing”
at
Diablo View Middle School
by exemplifying great
“Respect”
October 2022

AUSTIN KIRKHAM
for
“Doing the Right Thing”
at
Diablo View Middle School
by exemplifying great
“Respect”
October 2022
Agenda Item: 7(a)

STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Janet Calderon, City Clerk
DATE: December 6, 2022
SUBJECT: NOMINATION AND ELECTION OF MAYOR AND VICE MAYOR FOR 2023 ______________________________________________________________________________________________________________________

RECOMMENDATION
It is recommended the City Council elect its Mayor and Vice Mayor for the one-year term of office (2023) to commence the evening of December 6, 2022.

BACKGROUND
Pursuant to Section F.4. – Mayor Selection, of the Council Guidelines and Practices (page 4, copy attached), the Mayorship and Vice Mayorship are one-year terms of office in the City of Clayton. The Clayton electorate does not directly elect its mayor or vice mayor. The election of its officers from within the membership of the City Council commences each year at the first regularly-scheduled Council meeting each December.

The following table lists those serving as Mayor over the last seventeen (17) years:
2023 TBD 2014 Hank Stratford
2022 Peter Cloven 2013 Julie Pierce
2021 Carl Wolfe 2012 Howard Geller
2020 Julie Pierce 2011 David Shuey
2019 Tuija Catalano 2010 Hank Stratford
2018 Keith Haydon 2009 Julie Pierce
2017 Jim Diaz 2008 Gregory Manning
2016 Howard Geller 2007 William Walcutt
2015 David Shuey 2006 David Shuey

NOMINATION AND ELECTION PROCEDURES
Pursuant to Chapter 2.04 – Council Meetings of the Clayton Municipal Code, Clayton uses the most recent version of Robert’s Rules of Order to govern the conduct of City business meetings.

To assist in the procedure of nominating and selecting the next mayor and vice mayor at this meeting, the following rules* have been extracted and summarized below:

1. The nomination/election of the next Mayor is to be conducted by Mayor Cloven. Once the new Mayor is elected, that member of City Council immediately presides and conducts the remainder of the business items on the agenda, including the City Council’s election of its Vice Mayor to serve a 1-year term of office commencing the evening of December 6, 2022.

2. The method of nomination in this respect is an “open nomination” solely by and from within the membership of the presently-seated Clayton City Council.

Nomination cannot be accepted from members of the public.

3. No “second” is required for nomination, although sometimes one or more members will “second” a nomination to indicate endorsement.

4. In no event may any one member nominate more persons than there are offices to fill in the respective selection.

5. When it appears that no one else wishes to make a nomination, the chair of the meeting asks one (1) final time if there are additional nominations. If there is a no response, the chair then declares…”the nomination for [Mayor or Vice Mayor, as applicable] is closed.”
It is unnecessary to have a motion to officially close the nomination; yet, if such a motion is made, that motion then requires an affirmative 2/3rd vote of the Council present [4 or 5]. After nominations are closed, a majority vote is required to re-open it.

6. Nominees are voted on in the order in which they are nominated. As soon as one of the nominees receives a majority vote [in this case, 3 or more votes], the chair then declares that person elected to that respective office, and no vote is taken on the remaining nominee(s).

MAYOR SELECTION CRITERIA
In accordance with the adopted Council Guidelines and Procedures [May 2019], the City Council established six (6) guidelines pertaining to the annual selection of its Mayor.

Reference is made to the attachment to this Staff Report for review of those Guidelines.

FISCAL IMPACT
No financial impact. The offices of Mayor and Vice Mayor receive the same monthly stipend as other members of the City Council.

Attachment: Council Guidelines and Procedures
*Reference: Chapter XIV- Nominations and Elections, Robert's Rulesof Order [RONR,10thEdition,pp.418-43 1 COUNCIL GUIDELINES AND PROCEDURES
* CITY OF CLAYTON *
In order to maximize the effectiveness of the Clayton City Council, the following guidelines have been adopted.

A. GENERAL

1. The Council takes courageous action when necessary to keep Clayton on the cutting edge of well-run, well-managed, innovative cities.

2. The Council provides leadership and participates in regional, state and national programs and meetings.

3. The Council looks to its Commissions and Committees for independent advice and some legislative actions.

4. There is extensive citizen participation and work on City programs and documents.

5. There are numerous meetings other than regular Council meetings.

6. There is a commitment to training for staff, Council and Commission members.

7. Council Members will inform the City Clerk when they will be out of town as early as possible so absences can be calendared.

8. Council Members receive the same information as much as possible: Citizen complaints, letters, background, etc. [All Members receive copies of everything].

9. Technology is used to create efficiencies.

10. Unwanted reports and documents are returned to staff for distribution to the public or for recycling.

B. COUNCIL VALUES

1. Each Councilperson is elected to and encouraged to represent his or her opinion and to work to carry out what he or she believes is in the best interests of Clayton and its citizens.

2. The Council and the City Manager are a participatory team.

3. The Council is high energy and achievement oriented. 2 4. Council Members exhibit care and respect for each other as persons.

5. Council Members promote care and respect for each other’s point of view. Each Member has a right to be heard.

6. Opinions are expressed honestly, openly, civilly and with integrity.

7. Humor is an important tool.

8. Traditions are respected but not always binding.

C. COUNCIL INTERACTION AND COMMUNICATION

1. The Mayor makes Council sub-committee appointments annually in December; the Mayor is encouraged to seek input from Council regarding appointment preferences.

2. Members will take seriously the responsibility of reporting to Council on subcommittees and other regional, state and national board/agency/group activities in which they are involved.

3. Each Council Member has the responsibility to initiate resolution of problems as soon as possible.

4. Members shall recall and abide by the Brown Act when giving information to each other outside of public meetings.

5. Cheap shots at each other are not allowed by Members during public meetings, in the media, or at any other time.

6. Relationships are informal, but Council Members need to be aware of impact on and perception of the public.

7. Council Members will be flexible in covering Council responsibilities for each other.

8. Council Sub-Committees.
a. Sub-committee areas belong to the Council as a whole; they are not seen as territorial.
b. Sub-committees shall keep the rest of the Council fully informed. The rest of the Council is responsible for letting a sub-committee know if they want more information or to give input.
c. Before sub-committees start moving in new directions, they will obtain direction from the rest of the Council.
3 d. Sub-committee reports will be made under “Council Reports” at Council meetings, when appropriate.
e. Sub-committee memos will be sent on an interim basis to update other Council Members on:
1). Issues being discussed.
2). Options being considered.
3). Progress.
f. Appropriate reports will also be included in the City Manager’s “Weekly Report”.
g. Council may contact Department Heads or the City Manager to be briefed on any sub-committee work.
h. Council shall review the performance of citizen committees no less frequently than every six months.
i. Sub-committees are task oriented with scheduled dates of completion.

D. COUNCIL INTERACTION AND COMMUNICATION WITH STAFF

1. City Manager.
a. Council Members should always feel free to communicate with the City Manager.
b. When a Council Member is unhappy about the performance of a Department, he/she should discuss this with the City Manager, not any other employee [the City Manager will inform the Mayor of any serious violations of this norm]. c. Concerns about the performance of Department Heads must be taken to the City Manager and/or Mayor first for resolution through proper channels. d. In passing along critical information, the City Manager will inform all Council Members.
e. Council will provide ongoing feedback, information and perceptions to the City Manager, including some response to the “Weekly Report”. f. Council will page the City Manager if there is an emergency and he/she cannot be reached by phone.
4 2. Staff in General.
a. Council may make reasonable requests for information directly from Department Heads.
b. An informal system of direct communication with staff is used but not abused by Council.
c. Staff will inform Council immediately when an unusual event occurs that the public would be concerned about [e.g., major vehicular accidents; major police activities; areas cordoned off by police or fire, etc.]. d. The Council and staff will not intentionally blind side each other in public; if there is an issue or a question a Council Member has regarding an agenda item, that Member will contact staff prior to the meeting.

E. COUNCIL RESPONSIBILITIES FOR KEEPING INFORMED

1. Read Commission minutes and staff reports to find out issues being addressed.

2. Read documents on planning items.

3. Read City Manager “goal updates” list for Council.

4. Do homework diligently and thoroughly.

F. MAYOR SELECTION

1. Election to Vice Mayor and Mayor requires supporting votes of three (3) Council Members, but in the interest of harmony unanimous consensus is to be sought and encouraged.

2. Any Council Member wanting or not wanting a role has a responsibility to tell all other Members.

3. As far as possible and until otherwise decided, Council Members will take turns as Mayor.

4. Mayorship will be a one-year term, commencing with the first meeting in December.

5. Selection of a Mayor is not a lock-step system. The Vice Mayor is generally expected to ascend to Mayor.

6. All Council Members are peers, and the Mayor and Vice Mayor serve at the pleasure of the Council.
5 G. MAYOR’S ROLE

1. Each Mayor operates somewhat uniquely from past Mayors; the role is largely defined by the person based on style.

2. The elected Mayor is to chair the meetings with proper decorum and to treat all Council Members and the public with respect.

3. The Mayor will inform the Council of any correspondence received or sent in relation to City business. This will be done within reason so as not to create a paper-trail overload. (Use of voice mail is encouraged, whenever possible).

4. The Mayor will forward pertinent information to other Council Members.

H. CITIZEN COMPLAINTS

1. City residents are considered “customers” and will be treated with courtesy and respect.

2. Council Members will receive copies of citizen written complaints, as received.

3. Council Members will be informed on telephone complaints, as appropriate.

4. Staff will inform Council of their response to complaints; copies of written responses should be included in Council packets.

5. Responses to citizens are personalized and professional.

6. Written responses will be selective. Reponses will be made to all complaints.

7. Staff will draft a copy of responses for Council to use; letters over Council signatures checked out with signatory.

8. Council should not go to a hands-on mode when complaints occur. Issues will be referred to appropriate staff who will be given adequate time to respond.

9. If a Council Member wants action based on a citizen complaint, he/she should go through the City Manager’s office to insure proper handling. 6 I. PUBLIC MEETINGS

1. Agendas.
a. Formation.
1). The City Manager and the City Clerk will prepare a draft agenda and review it with the Mayor for finalization.
2). Any member of the Council may request that an item be placed on the agenda by contacting the Mayor. It is the Mayor’s discretion as to which regularly scheduled meeting the requested agenda item will appear, after consultation with the City Manager regarding availability of staff time to prepare necessary reports and the extent and number of items already scheduled for each upcoming Council meeting.
b. Council may move to table any agenda item for future study. c. Council Members will feel free to ask for continuance if enough time has not been available for the Council to prepare.
d. If a Member is ill or away for any big or “personal” agenda item, the item may be tabled at the Member’s request.
e. Council may refuse to act on items where critical materials were not available in the Friday agenda packet.
f. Agenda packets are available by 5:00 PM on the Friday preceding the Tuesday meeting.
g. No item on the agenda will be taken up after 11:00 PM without the unanimous consent of the Council Members present.

2. Consent Calendar.
a. Items placed on the Consent Calendar are those considered by the Mayor or the City Manager to be routine in nature; they are enacted in one motion.

There is normally no separate discussion of these items, unless requested. b. The Consent Calendar is used judiciously for items such as minutes, routine City business, some appeals, items already approved in the Budget, etc. c. The Mayor will inquire of the public, “Is there anyone who wishes to speak to anything on the Consent Calendar?” [to be in bold type on the agenda].

If so, the item is pulled off the Calendar for separate discussion. 7 d. If a Council Member has a question on a Consent Calendar item for their information only, they are encouraged to ask staff ahead of time, rather than having it pulled off for discussion during the meeting. e. If there is time before the meeting, Council Members will inform staff of items they wish to pull from the Consent Calendar.
f. If additional information is requested by a Council Member, staff will provide back-up material to all Council Members.

3. It is reasonable to expect that staff be prepared to give an oral report on every agenda item.

4. The Mayor works with the City Manager to decide how much information needs to be disseminated at the meeting based on the item, and Council and audience needs.

5. There will be no packing of the audience by individual Council Members for specific agenda items.

6. Corrections to minutes should be passed to the City Clerk before the meeting, if possible.

7. Public Comment.
a. As required by law.
b. To be directed to the Mayor and Council, not staff or the audience. c. Has a three (3) minute time limit enforced at the Mayor’s discretion; is announced in advance and consistently applied.
d. Is addressed early in the meeting.
e. A Council Member may ask staff to put an item on a future agenda. f. Council may ask staff to respond, when appropriate.
g. The following options may be considered by the Mayor during times of high controversy:
1). The Mayor designates a block of time early in the meeting (20 minutes) and any comments beyond this limit will be held until the end of the meeting.
8 2). The Mayor polls the audience for an indication of the number of people wishing to speak, then calls on individuals to speak.

8. The Mayor should survey the audience, as appropriate, to move agenda items up or back to address audience items of concern.

9. Public participation is encouraged on all public agenda items.

10. Council and staff will treat participants and each other with courtesy. Derogatory or sarcastic comments are inappropriate.

11. The public will likewise be encouraged by the Mayor to maintain meeting decorum.

12. Council and staff will treat the public with respect; refer to citizens by surnames, as appropriate.

13. In Council meetings when citizens are agitated, the Mayor may call a short recess to calm the situation.

14. The portion of a regular Council meeting before 7:00 PM, in addition to the present items, should include Council and City Manager reports; action items are discussed first and reports second; Council will ask staff for a summary, if appropriate.

15. The Mayor allows other Members to speak first, then gives his/her views and afterward summarizes the discussion. Council Members should not be redundant if they concur with what has already been said.

16. Voting.
a. Each Council Member is given an opportunity to speak before a motion. b. Attempts are always made to reach consensus on significant issues. c. On split votes, each Member shares his/her views about the issue and the reasons for his/her vote.
d. Once a vote is final, Council Members will support the action taken. If a Council Member wants a vote to be reconsidered, he/she will follow The Standard Code of Parliamentary Procedure.
e. Any Council Member may request a roll call vote on any given issue.

17. When any Council Member believes something would be helpful during a meeting, he/she is free to suggest change in the procedure.
9 18. Department Head attendance is encouraged at every Council meeting when there is a pertinent issue relative to that Department on the agenda; other staff attendance at Council meetings is at the City Manager’s discretion.

19. Written documents, written statements, citizen petitions, references, newspaper articles or other materials submitted at or read by a council member or a member of the public at a City Council meeting become part of the Agenda Packet retained for that meeting, not an attachment to the official minutes prepared by the City Clerk of said meeting.

20. Council Members shall not use or receive digital or electronic communications (such as electronic text or visual communications and attachments distributed via email, instant messaging, twitter or comparable services) regarding an agenda item at any time during the meeting of the City Council at which he or she is in attendance.

J. EXECUTIVE SESSION IN GENERAL

1. Council will receive written reports for Closed Session items, as appropriate; these reports are to be returned to staff at the end of the meeting.

2. The City Manager will schedule pre-meeting Closed Sessions if it will save the City money [due to consultant or legal fees, etc.].

3. There is to be no violation of Executive Session confidentiality. Council Members will not talk to affected/opposing parties or anyone else (press, etc.) regarding Executive Session items without Council direction and concurrence.

4. The Mayor will make a public report after every Closed Session in the same meeting.

K. REDEVELOPMENT, GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD), AND

CLAYTON FINANCING AUTHORITY MEETINGS

1. All general procedural rules apply as related to normal agenda, consent calendar, etc. These meetings generally follow the Council meeting.

L. SPECIAL MEETINGS

1. Any member may request the Mayor to call a Special Meeting and the Mayor will call it unless there are extenuating circumstances. Special Meetings will be called as specified in the California Government Code.
10 M. CITY ELECTION YEAR

1. Election year politics should be conducted in such a fashion that the business of Clayton can carry on as usual.

2. Council Candidates will be introduced at Council meetings as candidates only after they have filed their nomination papers.

N. MEMBERS OF COMMISSIONS AND COMMITTEES

1. Commissions and Committees are appointed by the Council as advisory bodies.

2. Commissions and Committees need to:
a. Consider Council vision.
b. Understand their roles, authority, limitations, etc. c. Know annual priorities.
d. Work within established process and parameters [e.g., citizen involvement]. e. Have a Council Member serve as liaison.

3. Criteria to be considered in the selection and re-appointment of Commissions. * a. Lack of conflicts of interest.
b. Attendance [may not miss two consecutive meetings without an excuse]. c. Level of participation and preparation.
d. Support of community vision and values.
e. Respect for staff and public.
f. Work for community versus personal purposes.
g. Perform as a team player.
h. Be a resident [unless there is exceptional need].
11 i. Be competent.
j. Representative of community as a group [e.g., differing points of view, area of residence, aspects of community, backgrounds, experts versus generalists, etc.].
k. Appointments are to be made by Council as a whole, not on promises by individual Council Members or Mayor.
* [A Commissioner may be removed if he/she is in violation of criteria under this section].

4. Selection Process.
a. Commission candidate application information is to include: Council vision statement, expectations, Brown Act requirements, suggestion to attend a Commission meeting, problem-solving model, etc.
b. City Council reviews applications, giving input to the Ad-Hoc Committee regarding ranking; Council may request input from Department Heads and City Manager.
c. Ad-Hoc Committee conducts interviews and makes recommendations to Council [let Council Members know before the meeting who is being recommended in time for individual review].
d. Council appoints Commissioners [goal is 5-0 consensus vote]. e. Information packet (including Brown Act, Minutes, Ordinance forming Commission, Calendar of League of California Cities events) is provided to Commissioners by staff.

5. Commissions encouraged to be representative of and involve the entire community.

6. Planning Commissioners shall not use or receive digital or electronic communications (such as electronic text or visual communications and attachments distributed via email, instant messaging, twitter or comparable services) regarding an agenda item at any time during the meeting of the Planning Commission at which he or she is in attendance.
* * * * *
Revised: 21 May 2019
Revised: 20 February 2007
Revised: 20 August 2002
Adopted: 05 May 1998
GHAD Agenda Item: 3(a)
______________________________________________________________________________________ GHAD Minutes July 19, 2022 Page 1

MINUTES

SPECIAL MEETING

OAKHURST GEOLOGICAL HAZARD ABATEMENT DISTRICT (GHAD)
July 19, 2022

1. CALL TO ORDER AND ROLL CALL – the meeting was called to order at 8:05 p.m. by Chair Diaz. Board Members present: Chair Diaz, Vice Chair Wolfe, Board Members Cloven, Tillman, and Wan. Board Members absent: None. Staff present: City Manager Reina Schwartz, General Manager Larry Thesis, Legal Counsel Mala Subramanian, and Secretary Janet Calderon.

2. PUBLIC COMMENTS – None.

3. CONSENT CALENDAR
It was moved by Board Member Cloven, seconded by Board Member Cloven, to approve the Consent Calendar as submitted. (Passed). (a) Approved the Board of Directors’ minutes for its regular meeting on June 7, 2022.

4. PUBLIC HEARINGS – None.

5. ACTION ITEMS
(a) Approved GHAD Resolution No. 3-2023 Ordering Improvements and Confirming Real Property Assessments in the Oakhurst Geological Hazard Abatement District for Fiscal Year 2022/23. (General Manager) General Manager Larry Theis presented the item.

Following questions by the Board, Chair Diaz opened the item to public comment; no comments were offered.

It was moved by Vice Chair Wolfe, seconded by Board Member Cloven, to adopt GHAD Resolution No. 3-2022 Ordering
Improvements and Confirming Real Property Tax Assessments in Fiscal Year 2022/23. (Passed 3-2; Tillman and Wolfe, abstain).

GHAD Agenda Item: 3(a)
______________________________________________________________________________________ GHAD Minutes July 19, 2022 Page 2

6. BOARD ITEMS
Boardmember Wan requested the City’s website should include the City Engineers scheduled work, including completion dates, and specify areas of responsibility in the Oakhurst Geological Hazard Abatement District.

7. ADJOURNMENT - on call by Chairperson Diaz the Board meeting adjourned at 8:15 p.m.
# # # #
Respectfully submitted,
________________________
Janet Calderon, Secretary
Approved by the Board of Directors
Oakhurst Geological Hazard Abatement District
________________________________
Jim Diaz, Chairperson
GHAD Agenda Item: 4(a)

GHAD REPORT
TO: HONORABLE CHAIRMAN AND BOARDMEMBERS
FROM: Secretary
DATE: December 6, 2022
SUBJECT: SELECTION OF CHAIR AND VICE CHAIR FOR 2023 ______________________________________________________________________________________________________________________

RECOMMENDATION
It is recommended the Board of Directors select a new Chair and Vice Chair for next year (2023).

BACKGROUND
Similar to the Clayton City Council’s annual reorganization, the Board of Directors of the Oakhurst Geological Hazard Abatement District (GHAD) annually changes its chair and vice chair.

Since its December 7, 2021 Board meeting, Board Member Jim Diaz has served as Chairman of GHAD with Board Member Carl Wolfe serving as its Vice Chair. At this time, the Board should conduct the nomination and selection of its chair and vice chair to serve for the next twelve months. In recent years the following individuals have served as officers of GHAD:

Chair Vice Chair
2022 Jim Diaz Carl Wolfe
2021 Holly Tillman Peter Cloven
2020 Jeff Wan Jim Diaz
2019 Carl Wolfe Jeff Wan
2018 Tuija Catalano Jim Diaz
2017 David Shuey Tuija Catalano
2016 Keith Haydon Jim Diaz
2015 Howard Geller Keith Haydon
2014 Jim Diaz Howard Geller
2013 David Shuey Jim Diaz
2012 Hank Stratford Joe Medrano

FISCAL IMPACT
None. Board Members do not receive any stipend for their time and effort expended in these offices.

Clayton City CouncilDecember 6, 2022

Clayton City Council
December 6, 2022