AGENDA
REGULAR MEETING
* * *
CLAYTON CITY COUNCIL
* * *
TUESDAY, February 7, 2023
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: Jeff Wan
Vice Mayor: Jim Diaz
Council Members
Peter Cloven
Holly Tillman
Kim Trupiano
• 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 accommodation to participate, please call the City Clerk’s office at least 72 hours in advance of the meeting at (925) 673-7300. _____________________________________________________________________________________________ Agenda February 7, 2023 Page 2
Instructions for Virtual City Council Meeting – February 7 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. * CITY COUNCIL *
February 7, 2023
1. CALL TO ORDER AND ROLL CALL – Mayor Wan.
2. PLEDGE OF ALLEGIANCE – led by Mayor Wan.
3. PUBLIC COMMENT ON NON - AGENDA ITEMS
Members of the public may address the City Council on items within the Council’s jurisdiction (which are not on the agenda) at this time. To assure an orderly meeting and an equal opportunity for everyone, each speaker is limited to 3 minutes, enforced at the Mayor’s discretion. In accordance with State Law, no action may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked or may at its discretion request Staff to report back at a future meeting concerning the matter.
Public comment and input on Public Hearing, Action Items and other Agenda Items will be allowed when each item is considered by the City Council.
4. CONSENT CALENDAR
Consent Calendar items are typically routine in nature and are considered for approval by one single motion of the City Council. Members of the Council, Audience, or Staff wishing an item removed from the Consent Calendar for purpose of public comment, question, discussion or alternative action may request so through the Mayor.
(a) Approve the minutes of the City Council’s regular meeting of January 17, 2023. (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)
5. RECOGNITIONS AND PRESENTATIONS
(a) Information Only – No Action Requested.
• Black and African American History Month.
6. REPORTS
(a) City Manager/Staff
_____________________________________________________________________________________________ Agenda February 7, 2023 Page 4
7. PUBLIC HEARINGS – None.
8. ACTION ITEMS
(a) Audited Annual Financial Report of the City of Clayton for the Fiscal Year Ended June 30, 2022. (Interim Finance Director) (View here)
(b) Adopt a Resolution Adding One Police Sergeant Position and Reducing One Police Officer Position. (Police Chief) (View here)
(c) Waive First Reading and Introduce an Ordinance Amending Clayton Municipal Code Chapter 3.08.010 Signatures – Authority Designated. (City Manager) (View here)
9. COUNCIL ITEMS – limited to Council requests and directives for future meetings.
10. COUNCIL REPORTS
(a) City Council - Reports from Council liaisons to Regional Committees, Commissions and Boards.
11. CLOSED SESSION – None.
12. ADJOURNMENT
The next regularly scheduled meeting of the City Council will be February 21, 2023. # # # # #
Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes January 17, 2023 Page 1
MINUTES
OF THE
REGULAR MEETING
CLAYTON CITY COUNCIL
TUESDAY, January 17, 2023
1. CALL TO ORDER THE CITY COUNCIL – The meeting was called to order at 7:00 p.m. by Mayor Wan held 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 Wan, Vice Mayor Diaz, and Councilmembers Cloven, Tillman (via Zoom), and Trupiano. Councilmembers absent: None. Staff present: City Manager Reina Schwartz, City Attorney Mala Subramanian, Community Development Director Dana Ayers, and City Clerk Janet Calderon.
A roll-call vote was conducted to allow Councilmember Tillman to participate and vote in this evening’s City Council meeting via Zoom. (Passed; 5-0)
2. PLEDGE OF ALLEGIANCE – led by Mayor Wan.
3. PUBLIC COMMENT ON NON - AGENDA ITEMS – None.
4. CONSENT CALENDAR
Councilmember Holly Tillman requested a change to Consent Calendar Item 4(g) by consideration of Peter Cloven to serve on the City Council Ad Hoc Energy Services & Infrastructure Renewal Committee.
It was moved by Councilmember Cloven, seconded by Councilmember Trupiano, to approve the Consent Calendar items 4(a) – 4(g), as submitted. (Passed 5-0). (a) Approved the minutes of the City Council’s regular meeting of December 20, 2022 and City Council’s special meeting of January 10, 2023. (City Clerk) (b) Approved the Financial Demands and Obligations of the City. (Finance) (c) Adopted Resolution No. 1-2023 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. 2-2023 Ratifying the Proclamation of the Director of Emergency Services of the City of Clayton Declaring a Local Emergency Due to Adverse Weather Conditions Beginning December 31, 2022. (City Manager)
(e) Approved a Grant Application for the Downtown Pedestrian Improvement Project to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2023-2024 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Funding Including:
1) Adopted Resolution No. 3-2023 Approving the Grant Application, Finding the Project ____________________________________________________________________________ City Council Minutes January 17, 2023 Page 2
is Categorically Exempt Under CEQA and Authorizing Filing with the County Clerk Recorder, and 2) Adopted Resolution No. 4-2023 to Exempt the City of Clayton from Forming a Separate Bicycle and Pedestrian Advisory Committee and Designating the Contra Costa Countywide Bicycle Advisory Committee as the Review Body for TDA Funding. (City Engineer)
(f) Adopted Resolution No. 5-2023 Approving a Professional Services Agreement with Theis Engineering & Associates through June 30, 2024 with up to Four One-Year Renewals, for City Engineering Services, Continuing the Appointment of Larry Theis, PE as City Engineer and Authorizing the City Manager to Execute the Agreement. (City Manager)
(g) Established a City Council Ad Hoc for Energy Services & Infrastructure Renewal and Appoint Mayor Wan and Councilmember Trupiano to the Committee. (City Manager)
5. RECOGNITIONS AND PRESENTATIONS
(a) Certificates of Recognition to public school students for exemplifying the “Do the Right Thing” character trait of “Kindness” during the months of November and December 2022. (Mayor Wan)
Councilmember Cloven and Mt. Diablo Elementary School Principal Katie Sanchez and teachers Mrs. Cheska and Mrs. Huaco presented certificates to Matthew Dondero and Liam Wang.
Councilmember Cloven and Diablo View Middle School Principal Peter Fong presented certificates to Clarence Camposano and Chiamaka Nwadigo.
6. REPORTS
(a) City Manager Reina Schwartz provided brief updates regarding storm impacts, the need for additional Community Financial Sustainability Committee members, announced the FY2021/22 Audit has been completed and will be presented to the Budget/Audit Committee on January 23rd, the background for the Finance Director is almost complete, the Office Assistant/Code Enforcement Officer will be starting soon, and thanked the staff, Council and Community members for their support during her tenure.
8. ACTION ITEM
At the request of Mayor Wan, Action Item 8(a) was moved prior to the Public Hearing.
(a) Request by Mayor Wan to Discuss Potential Support for the “Our Neighborhood Voices”. (Mayor Wan)
Mayor Wan introduced Susan Candell to present this item.
Following questions by the City Council, Mayor Wan opened public comment.
Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes January 17, 2023 Page 3
Ed Hartley is not supportive of the concept and needs more information.
Amy Hines-Shaikh is not in support of this item.
Ed Miller expressed concern regarding the consequences of not allowing the state to have input.
Tuija Catalano is not supportive of this item.
Terri Denslow requested more information on the claims made without supporting documentation.
Mayor Wan closed public comment.
It was moved by Mayor Wan, seconded by Vice Mayor Diaz, to Support “Our Neighborhood Voices” as stated. (Passed; 3-2, No; Cloven and Tillman)
7. PUBLIC HEARINGS
(a) Adoption the City of Clayton 6th Cycle Housing Element Update and Associated Land Use Element Amendments, and Certification of the Final Environmental Impact Report Prepared for the Project.
(Community Development Director)
Community Development Director Dana Ayers presented the report.
Following questions by the City Council, Mayor Wan opened the public hearing.
Jim Moita requests the City move the Urban Limit Line to include his property and request a nearby property owner for access to their road.
Vince Moita requests Marsh Creek Road Specific Plan be included in the Housing Element.
Mayor Wan closed the public hearing.
It was moved by Mayor Wan, seconded by Councilmember Trupiano, to Adopt Resolution No. 6-2023 Adopting Environmental Findings Pursuant to the California Environmental Quality Act (CEQA), Certifying the City of Clayton 6th Cycle Housing Element Update and Associated Land Use Element and Zoning Code Amendments Final Environmental Impact Report (SCH #2022030086), Adopting the Mitigation Monitoring and Reporting Program, and Approving the Project to Adopt the Housing Element Update for the 6th Housing Cycle and Associated Amendments to the General Plan Land Use Element and Land Use Diagram. (Passed; 5-0)
8. ACTION ITEM – Continued
____________________________________________________________________________ City Council Minutes January 17, 2023 Page 4
(b) Resolution Approving an Employment Agreement for an Interim City Manager with Rowland Bernal, Jr. (City Manager)
City Manager Reina Schwartz presented the report.
Following questions by the City Council, Mayor Wan opened the public comment; no comments were offered.
Mr. Bernal thanked the City Council and looks forward to serving the Clayton community.
It was moved by Vice Mayor Diaz, seconded by Councilmember Tillman, to Adopt Resolution No. 7-2023 Certifying Findings and Approving an Employment Agreement for the Interim Employment of CalPERS Retired Annuitant Rowland Bernal, Jr. As Interim Clayton City Manager. (Passed; 5-0) (c) Adopt a Resolution Approving an Addendum to the Terms and Conditions of Employment for Clayton’s Miscellaneous Employees. (City Manager) City Manager Reina Schwartz presented the report.
Following questions by the City Council, Mayor Wan opened the public comment; no comments were offered.
It was moved by Councilmember Cloven, seconded by Mayor Wan, to Adopt Resolution No. 8-2023 Approving Addendum No. 1 to the Terms & Conditions of Employment for the City of Clayton’s Undesignated Miscellaneous Employees Effective July 1, 2022 – June 30, 2023. (Passed; 5-0)
9. COUNCIL ITEMS
Councilmember Trupiano requested a future agenda item to include a presentation by Clayton Valley Village and Diamond Terrace fee increases.
9. COUNCIL REPORTS
(a) City Council - Reports from Council liaisons to Regional Committees, Commissions and Boards.
Councilmember Tillman attended the Housing Element Study Session, attended the Cal Cities Community Services Policy Committee meeting, attended the Cal Cities East Bay Division meeting where she was elected Board Member at-large, met with the City Manager, and spoke to constituents regarding the Trails and Landscaping Committee, storm impacts and Cardinet Trail.
Councilmember Cloven attended the Contra Costa County Mayors’ Conference, spoke to constituents regarding storm damage, Housing Element and Neighborhood Voices, and answered emails and phone calls.
Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes January 17, 2023 Page 5
Councilmember Trupiano attended the League of California Cities East Bay Division meeting, will be attending the Cal Cities New Council Member Academy, and responded to constituents regarding the Housing Element.
Vice Mayor Diaz attended the Clayton Business and Community Association Art and Wine Committee meeting, attended the Contra Costa County Mayors’ Conference, assisted the Clayton Business and Community Association holiday decoration removal, attended the Contra Costa County Board of Supervisors Reorganization meeting, attended the Special City Council meeting, met with the Morgan Territory Community Association, met with the City Manager, and met with the Police Chief.
Mayor Wan met with Department Heads, attended the Contra Costa County Mayors’ Conference, attended the Closed Session regarding the Interim City Manager, thanked Maintenance and Police with their assistance with the recent storm impacts, and met with Susan Candell.
11. CLOSED SESSION – None.
12. ADJOURNMENT– on call by Mayor Wan, the City Council adjourned its meeting at 9:50 p.m.
The next regularly scheduled meeting of the City Council will be February 7, 2023. # # # # #
Respectfully submitted,
________________________________
Janet Calderon, City Clerk
APPROVED BY THE CLAYTON CITY COUNCIL
______________________________________
Jeff Wan, Mayor
# # # # #
Agenda Item: 4(b)
STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: JENNIFER GIANTVALLEY, ACCOUNTING TECHNICIAN
DATE: 2/7/2023
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 for 2/7/23 (2 pages)
2. Payroll Reconciliation Summary report PPE 1/22/23 (2 pages) Attached Report Purpose Amount
Obligations Accounts Payable $ 348,251.68
Payroll Reconciliation Summary Payroll, Taxes $ 81,802.95 Total Required $ 430,054.63
City of Clayton Obligations for 2/7/23
Vendor name Invoice date Invoice number Invoice description Amount Payment method American Fidelity Assurance Company 01/22/2023 2151485A FSA PPE 1/22/23 $80.00 Bank draft American Fidelity Assurance Company 01/31/2023 D540203 Supplemental Insurance January 2023 $625.16 Bank draft CalPERS Health 01/17/2023 17058308 Medical February 2023 $33,116.17 Bank draft CalPERS Retirement 01/22/2023 012223 Retirement PPE 1/22/23 $18,727.64 Bank draft Mission Square Retirement 01/22/2023 012223 457 Plan contributions PPE 1/22/23 $1,263.46 Bank draft Nationwide 01/22/2023 012223 457 Plan contribution PPE 1/22/23 $500.00 Bank draft Wex Bank-Fleet Cards 01/25/2023 86654375 Fleet fuel stmt end 1/25/23 $4,640.49 Bank draft Alameda County Sheriff's Office 01/27/2023 2023 Training class-Patrol Rifle $339.00 Check All City Management Services, Inc. 12/28/2022 82407 School crossing guard svcs 12/11/22-12/24/22 $2,105.28 Check AnchorCM 01/23/2023 22-003-4296 Engineering Svcs May 2022 $12,000.00 Check AnchorCM 01/25/2023 22-003-4499 Engineering Svcs January 2023 $37,630.25 Check Apex Technology Management 01/20/2023 APXQ30249 Network cables $36.27 Check AT&T 01/07/2023 1224416700 HH Internet $331.68 Check
AT&T (CalNet3) 01/22/2023 19395599 Phones 12/22/22-1/21/23 $1,246.05 Check AT&T (HH Internet) 01/21/2023 012123 Hoyer Hall Internet 1/22/23-2/21/23 $19.99 Check Bay Area News Group 12/31/2022 1362060 Legal Ad for December 2022 $614.90 Check Best Best & Kreiger LLP 01/13/2023 955329-955333 Legal svcs December 2022 $16,333.78 Check Bob Murray & Associates 01/16/2023 9912 Executive search services $11,483.89 Check CCWD 01/06/2023 010623 Water 11/2/22-1/6/23 $22,734.89 Check City of Concord 01/09/2023 95890 Dispatch svcs February 2023 $26,921.86 Check City of Pittsburg 01/27/2023 HTA PD Training - Human Trafficking Awareness $125.00 Check Comcast Business (PD) 01/01/2023 162127998 PD Internet December 2022 $988.68 Check Computershare 01/24/2023 CLAY 02032023 Lydia Ln Sewer Interest payment $3,550.29 Check Contra Costa County Animal Svcs Dept 01/05/2023 ASD M7168 Animal services Q3 FY 2023 $22,451.50 Check Contra Costa County Clerk Elections Division 01/23/2023 2009 11/8/22 General Election $12,096.26 Check Contra Costa County Public Works Dept 01/18/2023 705596 Traffic signal maintenance December 2022 $4,743.98 Check De Lage Landen Financial Services, Inc. 11/16/2022 78202324 PD copier lease February 2023 $123.52 Check De Lage Landen Financial Services, Inc. 01/21/2023 78821978 Copier lease February 2023 $1,004.49 Check Dillon Electric Inc 01/13/2023 4793 Street light repairs 1/12/23 $864.26 Check Geoconsultants, Inc. 01/13/2023 19425 Well monitoring December 2022 $1,546.50 Check Geoconsultants, Inc. 01/31/2023 19439 Well monitoring January 2023 $1,546.50 Check Globalstar LLC 01/16/2023 44594761 Sat phone 1/16/23-2/15/23 $136.95 Check GovInvest, Inc 01/13/2023 2022-4268 FD Consulting November and December 2022 $15,750.00 Check HdL Coren & Cone 01/24/2023 SINO24803 Contract svcs Property Tax Q3 FY 23 $2,025.00 Check Health Care Dental Trust 01/24/2023 326473 Dental February 2023 $1,648.14 Check J&R Floor Services 02/01/2023 One2023 Janitorial svcs January 2023 $4,988.00 Check JJR Enterprises for Caltronics Business Systems 01/18/2023 3675939 /Copier usage 12/18/22-1/17/23 $507.32 Check Kim Trupiano 01/24/2023 1/18-1/20/23 Mileage/Meal reimbursement $121.28 Check LarryLogic Productions 01/11/2023 2075 City council meeting production 1/10/23 $680.00 Check LarryLogic Productions 01/12/2023 2077 Planning Commision Meeting Production 1/11/23 $160.00 Check LarryLogic Productions 01/18/2023 2078 City council meeting production 1/17/23 $560.00 Check LarryLogic Productions 01/24/2023 2080 Production Budget /Audit Committee meeting 1/23/23 $440.00 Check League of CA cities 01/01/2023 643249 Member dues, calendar year 2023 $6,546.00 Check Lexipol LLC 12/01/2022 INVLEX14162 Annual Law enforcement policy & training bulletins $7,999.02 Check Moore Iacofano Golstman, Inc 01/13/2023 78923 Housing Element svcs December 2022 $1,496.25 Check MSR Mechanical, LLC 01/09/2023 SVC006995 CH Qrtrly HVAC/Exhaust Fan PM, January 2023 $573.00 Check MSR Mechanical, LLC 11/30/2022 SVC6651,6637,6735 Library service calls, CH HVAC maint 12/22 $5,478.60 Check Municipal Resource Group LLC 01/24/2023 03-23-28 Organizational Assessment 22283-CLT $1,743.75 Check Pacific Telemanagement Svc 01/26/2023 2100097 Courtyard pay phone February 2023 $70.00 Check City of Clayton Obligations for 2/7/23
PG&E 01/22/2023 2572177359-3 1/22/23 Energy (Gas) 12/20/22-1/20/23 $720.09 Check PG&E 01/18/2023 7293447797-6 1/18/23 Energy 12/14/22-1/12/23 $30,049.35 Check Pond M Solutions 01/12/2023 7355 Replaced burned out sub-pump for fountain $2,658.76 Check Precision Civil Engineering (PCE) 01/16/2023 27657 21-359 Pre-approved ADU Plans $6,407.50 Check Prestige Printing & Graphics 01/11/2023 82201 PD Business cards $236.21 Check Prestige Printing & Graphics 01/11/2023 82246 Council Business cards $401.63 Check Prestige Printing & Graphics 01/11/2023 82247 Business cards $167.25 Check Rex Lock & Safe, Inc. 01/18/2023 134966 Re-program timer on bathroom doors @ The Grove Park $250.00 Check RIPALog, LLC 01/31/2023 2022060133 RIPALog service & subscription FY 23 $2,400.00 Check Stericycle Inc 02/01/2023 3006330462 Medical waste disposal $71.66 Check T J Communications 01/26/2023 1533 CH IT Installation $4,803.73 Check T Mobile 01/02/2023 981497076 12/22 PD cell phones December 2022 $522.17 Check Talia B Rogers 01/23/2023 HH012223 Deposit refund $217.00 Check Texas Life Insurance Company 01/17/2023 SM0F1B20230116001 Supplemental insurance $42.25 Check Vision Service Plan (CA) 01/18/2023 817004326 Vision February 2023 $124.80 Check William Polson 01/23/2023 CAP0471 Deposit refund $2,886.57 Check Workers.com 11/11/2022 134891 Seasonal workers week end 12/11/22 $4,409.15 Check Workers.com 12/23/2022 135199 Seasonal workers week end 12/18/22 $1,168.51 Check $348,251.68
Payroll Totals
Payroll Checks Check Type Count Net Check Dir Dep Amount Net Amount Regular 26 0.00 62,544.21 62,544.21
Totals 26 0.00 62,544.21 62,544.21 ĺ 62,544.21
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 63,565.86 63,565.86 ĺ 63,565.86 Tax Liability
CA and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA SDI - Employee EXEMPT Semi-Weekly 89,623.39 89,623.39 California SITW Semi-Weekly 88,109.93 88,109.93 3,803.56 Totals 3,803.56 0.00 ĺ 3,803.56
CASUI and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA Edu & Training 0.001000 Quarterly 89,623.39 60,553.55 60.55 California SUI 0.020000 Quarterly 89,623.39 60,553.55 1,211.07 Totals 0.00 1,271.62 ĺ 1,271.62
FITW and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount Federal Income Tax Semi-Weekly 88,109.93 88,109.93 10,562.82 Medicare Semi-Weekly 89,623.39 89,623.39 1,299.55
Medicare - Employer Semi-Weekly 89,623.39 89,623.39 1,299.54 Totals 11,862.37 1,299.54 ĺ 13,161.91
Total Tax Liability 15,665.93 2,571.16 ĺ 18,237.09
Transfers
Type Date Source Account Amount
Dir Dep 1/26/2023 62,544.21
Tax 1/26/2023 18,237.09
Trust Agency 1/26/2023 1,021.65
Totals Transfers 81,802.95 ĺ 81,802.95
Total Payroll Liability 81,802.95 ĺ 81,802.95
Paylocity Corporation
(888) 873-8205
Run on 1/23/2023 at 3:20 PM
User: JGiantvalley
Payroll Summary
City of Clayton
Check Date: 01/27/2023
Pay Period: 01/09/2023 to 01/22/2023
Process: 2023012701
Tax Deposits
Required Tax Deposits Tax Due On Amount
( Deposit made by Service Bureau ) California SITW 2/1/2023 3,803.56 ( Deposit made by Service Bureau ) Federal Income Tax 2/1/2023 13,161.91 ( Deposit made by Service Bureau ) California SUI 5/1/2023 1,271.62 Total Tax Deposits 18,237.09
Paylocity Corporation
(888) 873-8205
Run on 1/23/2023 at 3:20 PM
User: JGiantvalley
Payroll Summary
City of Clayton
Check Date: 01/27/2023
Pay Period: 01/09/2023 to 01/22/2023
Process: 2023012701
Agenda Item: 4(c)
AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
DATE: February 7, 2023
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, October 4, 2022, December 7, 2022, January 5, 2023 and February 1, 2023, 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.
Subject: Resolution Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency Under AB 361
Date: February 7, 2023
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 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
Recommendations for Safely Holding Public Meetings (issued 02/01/2023 by Contra Costa County Health Officer)
Resolution ##-2023 AB 361 February 7, 2023
RESOLUTION NO. ##-2023
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, October 4, 2022, December 7, 2022, January 5, 2023, and February 1, 2023, 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 7th day of February 2023, by the following vote:
Resolution ##-2023 AB 361 February 7, 2023
AYES:
NOES:
ABSENT:
ABSTAIN:
THE CITY COUNCIL OF CLAYTON,
CA
Jeff Wan, Mayor
ATTEST:
_________________________________
Janet Calderon, City Clerk
Recommendations for safely holding public meetings
Each local government agency is authorized to determine whether to hold public meetings in person, on-line (teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID 19 transmission during a public meeting.
1. Online meetings (i.e. teleconferencing meetings) are encouraged, where practical, as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID 19. This is particularly important when community prevalence rates are high. Our current trends as of February 1, 2023 in Covid-19 case rate, test positivity, Covid-19 hospitalizations, and Covid-19 wastewater surveillance are decreasing, but there continues to be COVID-19 in the community and changes in case rate, test positivity, COVID-19 hospitalization and wastewater surveillance may change or increase rapidly. In addition to this, the predominant variant of Covid-19 being identified continues to be the Omicron variant and it’s subvariants the impact of which on the spread of Covid-19 has shown to dramatically increase COVID-19 transmission.
2. If a local agency determines to hold in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option is recommended, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person.
3. A written safety protocol should be developed and followed. It is recommended that the protocol require social distancing, where feasible – i.e. six feet of separation between attendees; and consider requiring or strongly encouraging face masking of all attendees and encouraging attendees to be up-to-date on their COVID-19 vaccine.
4. Seating arrangements should allow for staff and members of the public to easily maintain at least six-foot distance from one another at all practicable times.
5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events outdoors also may make it easier to space staff and members of the public at least 6 feet apart. If unable to host outdoors, consider ways to increase ventilation and flow of the indoor space to reduce the risk of COVID-19 while indoors.
6. Current evidence is unclear as to the added benefit of temperature checks in addition to symptom checks. We encourage focus on symptom checks as they may screen out individuals with other Covid-19 symptoms besides fever and help reinforce the message to not go out in public if you are not feeling well.
7. Consider a voluntary attendance sheet with names and contact information to assist in contact tracing of any cases linked to a public meeting.
Revised 2-1-2023
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County
Subject: FY2021/22 Annual Comprehensive Financial Report Agenda Item 8(a) Date: February 7, 2023
Page: 1
STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: NITISH SHARMA, FINANCE DIRECTOR (INTERIM)
BRYCE ROJAS, CPA, AUDITOR
DATE: FEBRUARY 7, 2023
SUBJECT: AUDITED ANNUAL COMPREHENSIVE FINANCIAL REPORT OF THE CITY OF CLAYTON FOR THE FISCAL YEAR ENDED JUNE 30,
2022
RECOMMENDATION
It is respectfully recommended that the City Council:
1. Receive a presentation on the City of Clayton’s Annual Comprehensive Financial Report, including the unmodified opinion of the Independent Auditors Report, issued by Cropper Rowe, LLP for the fiscal year ended June 30, 2022; and
2. Accept the City of Clayton’s Annual Financial Report for the fiscal year 2021/22.
BACKGROUND
The City’s independent audit firm, Cropper Rowe, LLP, has issued their opinion on the City of Clayton’s financial statements for the fiscal year ended June 30, 2022 (FY 2021/22). In their opinion:
“the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Clayton, California as of June 30, 2022, and the respective changes in financial position and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America.”
Subject: FY2021/22 Annual Comprehensive Financial Report Agenda Item 8(a) Date: February 7, 2023
Page: 2
It is the responsibility of City management to ensure the financial statements are presented fairly in accordance with GAAP (generally accepted accounting principles). City management is also responsible for the design, implementation, and maintenance of internal controls relevant to the preparation and fair presentation of financial statements free from material misstatement, whether due to fraud or error. The responsibility of the City’s independent auditors it to express opinions on the City’s financial statements based on its audit performed in accordance with generally accepted audit standards (GAAS) issued by the American Institute of Certified Public Accountants (AICPA) as well as generally accepted government auditing standards (GAGAS), or “yellow book” standards, issued by the Comptroller General of the United States.
DISCUSSION
Fund Financial Statements (Governmental Funds)
As of the end of the current fiscal year, the City’s governmental funds reported combined ending fund balances of $17,172,907. Of this amount, $5,744,867 (33.5%) is unassigned; $173,471 (1.0%) is in non-spendable form; $3,330,153 (19.4%) is assigned for specific purposes; $6,719,595 (39.1%) is restricted by law, regulation, or other outside contractual agreements; and $1,024,821 (7.0%) is committed for specific expenditures in the future.
General Fund
The City’s General Fund reported an increase in fund balance of $294,464 (4.0%) in the current fiscal year. This modest increase is mostly attributable to an increase in property taxes, special parcel taxes and assessments as well as the influx of American Rescue Plan Act funding, offsetting a decrease in investment earnings (primarily due to market rate adjustments). The total fund balance of the General Fund is $6,413,357 as of June 30, 2022, of which $5,744,867 (89.6%) is reported as unassigned and available for appropriation. This unassigned fund balance is .97 times the size of the General Fund’s adopted operating budget for the upcoming fiscal year.
It is important to note that the total general fund expenditures were reported as an aggregate in the ACFR. The table below illustrates the expenditures reported by General Fund Account Group for the year ended June 30, 2022.
Subject: FY2021/22 Annual Comprehensive Financial Report Agenda Item 8(a) Date: February 7, 2023
Page: 3
Landscape Maintenance District
Community Facilities District No. 2007-1, referred to as the Landscape Maintenance District special revenue fund, reported a decrease in fund balance of $447,353 (41.2%) in the current fiscal year. This decrease in fund balance is largely attributable to increases in operating costs such as water service and weed abatement, as well as an increase in project costs/capital outlay costs, primarily for upgraded irrigation controllers. Total fund balance of the Landscape Maintenance District is $638,533 as of June 30, 2022, of which 100% is reported as assigned or restricted for the following year’s operating budget.
Successor Housing Agency
The Successor Housing Agency special revenue fund reported an increase in fund balance of $187,452 (3.4%) in the current fiscal year. This increase in fund balance resulted primarily from unspent program revenue on housing loan repayments as well as unrealized gains on the inventory of affordable income housing. Total fund balance of the Successor Housing Agency is $5,617,695 as of June 30, 2022, which is classified entirely as restricted.
Endeavor Hall Enterprise Fund
Consistent with the prior year, the Endeavor Hall rental facility is the City’s only “businesstype” enterprise fund reported in the ACFR. Total business-type expenses decreased
20.4% from $73,117 in the prior year to $60,694 in the current year. This decrease is largely attributable to the decrease in general and administrative costs of the Endeavor Hall rental facility. Total services revenue increased significantly from $-1,442 in the prior year to $16,847 in the current year due to the increase in rental activity. Net position of business-type activities declined $43,847 to a total of $880,139 at June 30, 2022 due to charges for services being insufficient to cover the annual depreciation expense and general operating expenses of underlying Endeavor Hall rental facility assets.
Subject: FY2021/22 Annual Comprehensive Financial Report Agenda Item 8(a) Date: February 7, 2023
Page: 4
Rainy Day Fund
The Rainy Day Fund (Fund 110) was established during the FY2020/21 fiscal year with the goal of appropriating money to set aside funds to capture any annual surplus identified through the annual audit for the City to earmark towards one time unexpected costs that may arise throughout a budgetary year. Per GASB 54, the Rainy Day funds are presented in the financial statements as part of the general fund.
Pandemic Reserve
The Pandemic Recovery Reserve (Fund 111) was established by the City Council to capture programmatic funding decisions associated with the American Rescue Plan Act funds the City has received. For the initial tranche of $1,467,024 (and planned for the tranche to be received in July 2022), the City Council has chosen to transfer the funds to the City's General Fund to pay for public safety services. This funding for public safety then allows the transfer of an equal amount from the General Fund to the Pandemic Recovery Reserve. The funds in the Pandemic Recovery Reserve can be used for any valid general government purpose.
Government-Wide Financial Statements
The government-wide financial statements are presented on an “economic resources” measurement focus and the accrual basis of accounting. Accordingly, and unlike the “modified accrual” governmental fund financial statements discussed previously, the government-wide statements report long-term assets and liabilities in the Statement of Net Position. In the long run, increases or decreases in net position serve as a useful indicator of whether the financial position of the City of Clayton is improving or deteriorating. The City’s total net position was $45,759,874 at June 30, 2022, which is an increase of $392,782 from the prior year’s net position at June 30, 2021.
Of the City’s total net position, $9,890,048 (21.6%) represents resources that are subject to external restrictions on how they may be used. The balance of the unrestricted net position of $5,744,418 (12.6%) may be used to meet the City's ongoing obligations to citizens and creditors. City revenues for the year, including both governmental and business-type activities, were $9,359,704, while expenses totaled $9,021,834, resulting in a net increase in net position of $337,870 excluding transfers, extraordinary and special items.
FISCAL IMPACT
The acceptance of the audited financial statements for the year ended June 30, 2022, does not have any direct fiscal impact on the City but reflects the overall financial health of the City.
Attachments:
Subject: FY2021/22 Annual Comprehensive Financial Report Agenda Item 8(a) Date: February 7, 2023
Page: 5
1. Comprehensive Annual Financial Report and Independent Auditors’ Report for the Year Ended June 30, 2022
2. Auditors’ Required Communication to Those Charged with Governance Near the End of an Audit (AU-C 260)
3. PowerPoint Presentation for the City Council
Agenda Item: 8(b)
AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Police Chief McEachin
DATE: February 7, 2023
SUBJECT: Adopt a Resolution Adding One Police Sergeant Position and Reducing One Police Officer Position
___________________________________________________________________________
RECOMMENDATION
It is recommended that Council adopt a Resolution approving the addition of one Police Sergeant position and the elimination of one Police Officer position leaving the number of sworn employees at the current level of 11 total.
BACKGROUND
In 2003, the Clayton Police Department converted a Police Officer position to a Sergeant position, giving the department three Sergeants to serve in a supervisor capacity. This was a step up from only having two Sergeants, but it still only provided for supervisor coverage on three of the four patrol shifts. The fourth shift (weekend days) was still covered at that time by just one patrol officer. Several years later, staffing was restructured to provide for two patrol officers on the weekend dayshift, which helped provide double coverage more frequently, but still left the weekend dayshift without a supervisor.
DISCUSSION
The Clayton Police Department patrol staff is divided into four patrol squads. These include a day shift squad on each side of the week, and a night shift squad on each side of the week.
Because there are only three Sergeants, one day shift remains without a Sergeant each week. With the addition of one Sergeant position, that day shift would now be covered by one Sergeant and one Officer, rather than two officers as it is now. Having a supervisor for all four shifts benefits the department as well as the community because there would be someone with experience on duty to handle supervision of critical incidents. It also provides Subject: Adopt a Resolution Approving the Addition of One Police Sergeant Position and the Reduction of One Police Officer Position
Date: February 7, 2023
an additional promotional opportunity for officers, which should aid in recruitment and retention of officers.
Traditionally in both law enforcement and the military, a Sergeant leads a squad or a platoon. In larger squads/platoons, there may be a Corporal, who acts as an assistant shift supervisor and helps the Sergeant run the shift. In the absence of the Sergeant, the Corporal would be in charge of the squad in an “Acting Sergeant” capacity and would therefore be compensated with Acting Sergeant pay. The option of converting an Officer to a Corporal instead of a Sergeant was considered during our analysis of the best leadership structure for the Clayton Police Department.
There are several reasons the Sergeant position was chosen as the preferred alternative.
Besides the need to create a new classification within the department, the Corporal would be doing the work of a Sergeant in supervising the squad, but without adequate rank or compensation. It would also prevent an incumbent Sergeant from selecting the shift that the Corporal is assigned to, limiting positional flexibility.
The Clayton Police Officer’s Association has been notified and are supportive of this proposed change provided the first recruitment is an internal candidate.
FISCAL IMPACT
The proposed addition of one Sergeant position and the elimination of a Police Officer position would leave the number of sworn staff at the current level of 11 total (Chief, four Sergeants, and six Officers). As a result, the impact of the addition of the Sergeant position will largely be offset by the elimination of the Officer position. Based on the intent to promote from within for this position, the difference in cost for the first year would be approximately $6,000, with an additional $6,000 in additional cost for each of the following two years as the Sergeant progresses through the additional steps in the salary range. No additional funding is needed for FY 2022/23 as the increased cost for the remainder of the fiscal year can be absorbed within the existing budget.
____________________________________________________________________________________ Resolution No. ##-2023 1 February 7, 2023
RESOLUTION NO. ##-2023
A RESOLUTION APPROVING THE ADDITION OF ONE POLICE SERGEANT POSITION
AND ELIMINATION OF ONE POLICE OFFICER POSITION
THE CITY COUNCIL
City of Clayton, California
WHEREAS, in 2003, the Clayton Police Department converted a Police Officer position to a Sergeant position, giving the department three Sergeants to serve in a supervisor capacity; and WHEREAS, this was a step up from only having two Sergeants, it still only provides for supervisor coverage on three of the four patrol shifts; and
WHEREAS, having an additional Sergeant position will provide more opportunities for upward mobility for police officers in Clayton, aiding in recruitment and retention; and WHEREAS, having a supervisor for all four shifts benefits the department as well as the community by providing that there is someone with experience on duty to handle supervision of any activities or incidents; and
WHEREAS, the difference in cost to add one Sergeant and eliminate one Officer position is relatively minor, approximately $6,000 per year additional which can be absorbed within the current-year FY2022/23 budget and no additional appropriation is needed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Clayton, California, does hereby approve addition of one Police Sergeant position and the elimination of one Police Officer position during fiscal year 2022/23, effective upon the filling of the position.
PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California at a regular public meeting thereof held the 7th day of February 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
THE CITY COUNCIL OF CLAYTON, CA
________________________________
Jeff Wan, Mayor
ATTEST:
_______________________________
Janet Calderon, City Clerk
Agenda Item: 8(c)
1 AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Ron Bernal, Interim City Manager
DATE: February 7, 2023
SUBJECT: Waive First Reading and Introduce an Ordinance Amending Clayton Municipal Code Chapter 3.08.010 Signatures – Authority Designated ___________________________________________________________________________
RECOMMENDATION
Waive the first reading and Introduce an Ordinance amending Clayton Municipal Code Chapter 3.08.010 Signatures – Authority Designated. If the City Council chooses to move forward with the recommended change, the Ordinance will be brought back on the Consent Calendar for adoption at the next City Council meeting.
BACKGROUND
Clayton Municipal Code sets out authority designations for signing checks on the City’s behalf.
Currently all checks require two signatures and at least one of the signatures must be from the Mayor or Vice Mayor. All Obligations of the City which may be paid by check are approved by the full City Council prior to the checks being signed.
DISCUSSION
In a small organization such as the City of Clayton, it is important to maintain adequate separation of duties in order to have sufficient internal controls on spending. As part of the controls that exist for the City, obligations are typically approved by the full City Council before being paid. Despite the full City Council approval of all obligations, currently the Clayton Municipal Code requires that all checks have two signatures and that at least one of those signatures must be from the Mayor or Vice Mayor. This can sometimes create inefficiencies and delays in processing payments.
The Ordinance presented this evening would make two changes to the existing check signing process. First, for checks under $1,000, only one signature will be required. This will streamline the process for small items.
Subject: Waive First Reading and Introduce Ordinance Amending Chapter 3.08.010 Signature – Authority Designated
Date: February 7, 2023
Page: 2
2 The second change recommended relates to those authorized to sign checks on behalf of the City as approved by the City Council. Currently checks require one signature of either the City Clerk or City Treasurer and one signature of either the Mayor or the Vice Mayor. The proposed change would require one or two signatures (depending on the value of the check) from among the following positions: City Manager, City Clerk and Police Chief. By placing authority for check signing with full-time staff positions rather than part-time elected positions, check processing should be easier to streamline, thus increasing efficiency.
These proposed changes were discussed with the City’s outside auditor, Cropper Rowe, LLC and they agreed that the changes would allow the City to continue to have adequate separation of duties and internal controls while providing greater efficiency.
FISCAL IMPACTS
There is no direct financial costs or savings associated with changing the check signature requirements but having the checks signed at the staff level after the Obligations have been approved by the City Council will improve efficiency and streamline processing.
ATTACHMENTS
1. Draft: Ordinance Amending Chapter 3.08.010 of the Clayton Municipal Code Signatures – Authority Designated
______________________________________________________________________________ Ordinance No. ___ February 21, 2023
ORDINANCE NO. _______
AN ORDINANCE AMENDING SECTION 3.08.010 OF THE CLAYTON
MUNICIPAL CODE, ENTITLED “SIGNATURES-AUTHORITY
DESIGNATED”
THE CITY COUNCIL
City of Clayton, California
THE CITY COUNCIL OF THE CITY OF CLAYTON DOES HEREBY FIND AS FOLLOWS:
WHEREAS, Clayton Municipal Code section 3.08.010 authorizes the mayor, mayor pro tempore, city treasurer, and city clerk to draw or sign city warrants or checks upon city funds to pay legal demands against the city; and
WHEREAS, the City Council desires to formally amend section 3.08.010 to instead permit the city manager, city clerk, and police chief to draw or sign warrants or checks upon city funds for the payment of legal demands against the city; and
WHEREAS, the City Council further desires to amend section 3.08.010 to specify the number of authorized signatures required to execute warrants or checks of specific dollar amounts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CLAYTON DOES ORDAIN AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct and are hereby incorporated into this Ordinance.
Section 2. Amendment to Clayton Municipal Code Section 3.08.010.
Section 3.08.010 of the Clayton Municipal Code is hereby amended to read as follows:
“3.08.010 – Signatures — Authority Designated.
The mayor, mayor pro tempore in the absence of the mayor, city treasurer, and city manager, city clerk, and police chief are authorized to draw or sign city warrants or checks upon city funds for the payment of legal demands against the city. The signature of any one (1) of the three (3) above-described city officials shall be required for the due execution of such warrants or checks that are $1,000 or less. The signatures of any two (2) of the three four (34) above-described city officials shall be required for the due execution of such warrants or checksthat exceed $1,000.; provided, however, that a city warrant or check signed solely by the mayor and mayor pro tempore shall not be considered duly executed. The aforementioned three four (34) officials are authorized to execute signature cards at the official depository. During any period of time when the positions of city manager, city clerk, and city and/or police chief administrator are held by the same person, no one person the city clerk shall not be empowered to draw or sign city warrants or checks upon city funds that exceed $1,000. as aforesaid, but instead that authority shall be delegated by the city clerk to a duly designated deputy city clerk for such period of time.” ______________________________________________________________________________ Ordinance No. ____ February 21, 2023
Section 4. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance, or the application thereof to any person or circumstances, is held to be unconstitutional or to be otherwise invalid by any court competent jurisdiction, such invalidity shall not affect other provisions or clauses of this Ordinance or application thereof which can be implemented without the invalid provisions, clause, or application, and to this end such provisions and clauses of the Ordinance are declared to be severable.
Section 5. Conflicting Ordinances Repealed. Any Ordinance or part thereof, or regulations in conflict with the provisions of this Ordinance, are hereby repealed. The provisions of this Ordinance shall control with regard to any provision of the Clayton Municipal Code that may be inconsistent with the provisions of this Ordinance.
Section 6. Effective Date and Publication. This Ordinance shall become effective thirty (30) days from and after its passage. Within fifteen (15) days after the passage of the Ordinance, the City Clerk shall cause it to be posted in three (3) public places heretofore designated by resolution by the City Council for the posting of ordinances and public notices. Further, the City Clerk is directed to cause the amendments adopted in Section 2 of this Ordinance to be codified into the City of Clayton Municipal Code.
Section 7. CEQA. The City Council finds that pursuant to the California Environmental Quality Act (CEQA) Section 15061(b)(3) it can be seen with certainty that there is no possibility that the currently proposed Ordinance may have a significant effect on the environment, it is therefore not subject to CEQA and no further environmental review is necessary.
The foregoing Ordinance was introduced at a regular public meeting of the City Council of the City of Clayton held on February 7, 2023.
Passed, adopted, and ordered posted by the City Council of the City of Clayton at a regular public meeting thereof held on _________, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
THE CITY COUNCIL OF CLAYTON, CA
____________________________________
Jeff Wan, Mayor
______________________________________________________________________________ Ordinance No. ___ February 21, 2023
ATTEST
___________________________________
Janet Calderon, City Clerk
APPROVED AS TO FORM APPROVED BY ADMINISTRATION
___________________________________ ____________________________________ Malathy Subramanian, City Attorney ____________, Interim City Manager I hereby certify that the foregoing Ordinance was duly introduced at a regular meeting of the City Council of the City of Clayton held on February 7, 2023 and was duly adopted, passed, and ordered posted at a regular meeting of the City Council held on February 21, 2023. ____________________________________
Janet Calderon, City Clerk