Agenda packet — Clayton City Council, February 21, 2023

_____________________________________________________________________________________________ Agenda February 21, 2023 Page 1
AGENDA

REGULAR MEETING
* * *

CLAYTON CITY COUNCIL
* * *
TUESDAY, February 21, 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 21, 2023 Page 2
Instructions for Virtual City Council Meeting – February 21 Tonight’s meeting will be available to the public both in-person and remotely via Zoom. As a courtesy, and technology permitting, members of the public may continue to provide live remote oral comment via the Zoom video conferencing platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time.

To follow or participate in the meeting:

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

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

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

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

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

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

Location:

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

_____________________________________________________________________________________________ Agenda February 21, 2023 Page 3
* CITY COUNCIL *
February 21, 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 February 7, 2023. (City Clerk) (View here)
(b) Approve the Financial Demands and Obligations of the City. (Finance) (View here) (c) Adopt an Ordinance Amending Section 3.08.010 of the Clayton Municipal Code, Entitled “Signatures --- Authority Designated”. (Interim City Manager) (View here) (d) Adopt a Resolution of the City Council Terminating the Local Emergency in the City of Clayton Regarding Coronavirus (COVID-19). (City Attorney) (View here) (e) Approve Parcel Map (MS 01-22) at 500 Douglas Road via resolution and find this subdivision project as CEQA Exempt under Class 3 and Class 15. (City Engineer) (View here)

5. RECOGNITIONS AND PRESENTATIONS
(a) Administration of the Oath of Allegiance by the Police Chief to the City’s new Police Sergeant, Torrey Jarvis.
_____________________________________________________________________________________________ Agenda February 21, 2023 Page 4

6. REPORTS
(a) City Manager/Staff

7. PUBLIC HEARINGS – None.

8. ACTION ITEMS
(a) Continue Use of Hybrid Meetings for City Council, Planning Commission and Budget and Audit Committee Meetings. (City Attorney) (View here) (b) Endeavor Hall Non-Profit Rental Rate Discussion. (Interim City Manager) (View here)
(c) Set March 13, 2023 for City Council Special Meeting: City Council Goal Setting. (Interim 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 March 7, 2023. # # # # #
Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes February 7, 2023 Page 1

MINUTES
OF THE

REGULAR MEETING

CLAYTON CITY COUNCIL
TUESDAY, February 7, 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, and Trupiano. Councilmembers absent: None. Staff present: Interim City Manager Ron Bernal, City Attorney Mala Subramanian, Interim Finance Director Nitsh Sharma, Police Chief Richard McEachin, and City Clerk Janet Calderon.

2. PLEDGE OF ALLEGIANCE – led by Mayor Wan.

3. PUBLIC COMMENT ON NON - AGENDA ITEMS – None.

4. CONSENT CALENDAR
It was moved by Councilmember Tillman, seconded by Councilmember Trupiano, to approve the Consent Calendar items 4(a) – 4(c), 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. 9-2023 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)

5. RECOGNITIONS AND PRESENTATIONS
(a) Information Only – No Action Requested.
• Black and African American History Month.

6. REPORTS
(a) Interim City Manager Ron Bernal advised 18 applications were received for the City Manager recruitment, the City’s new Finance Director Angeline Loeffler will be starting next week, and an item to rescind Clayton’s Emergency Declaration will be at the next regular City Council meeting of February 21, 2023.
____________________________________________________________________________ City Council Minutes February 7, 2023 Page 2

8. ACTION ITEMS
(a) Audited Annual Financial Report of the City of Clayton for the Fiscal Year Ended June 30, 2022. (Interim Finance Director)
Interim City Finance Director Nitish Sharma presented the report. Bryce Rojas, CPA Cropper Rowe, LLC presented the PowerPoint.

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

It was moved by Councilmember Cloven, seconded by Councilmember Tillman, to Accept the Audited Financial Report of the City of Clayton for the Fiscal Year Ended June 30, 2022. (Passed; 5-0)
(b) Adopt a Resolution Adding One Police Sergeant Position and Reducing One Police Officer Position. (Police Chief)
Police Chief Rich McEachin presented the report.

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

It was moved by Councilmember Cloven, seconded by Councilmember Tillman, to Adopt Resolution No. 10-2023 Approving the Addition of One Police Sergeant Position and Elimination of One Police Officer Position. (Passed; 5-0)
(c) Waive First Reading and Introduce an Ordinance Amending Clayton Municipal Code

3.08.010 Signatures – Authority Designated. (City Manager) Interim City Manager Ron Bernal presented the report.

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

The City Council modified the wording of the ordinance to require all checks to have two authorized signatures and to add the Mayor to the list of individuals authorized to sign.

It was moved by Councilmember Cloven, seconded by Vice Mayor Diaz, to Waive First Reading and Introduce an Ordinance Amending Clayton Municipal Code 3.08.010 Signatures – Authority Designated. (Passed; 5-0)

9. COUNCIL ITEMS
Councilmember Tillman requested a future agenda item to include consideration to establish a Community Facilities District to fund additional Police Officers and Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes February 7, 2023 Page 3
consideration to extend the Trails and Landscaping Committee (Landscape Maintenance District) Parcel Tax.

Councilmember Trupiano requested a future agenda item to include the City Council Goal Setting Session.

9. COUNCIL REPORTS
(a) City Council - Reports from Council liaisons to Regional Committees, Commissions and Boards.

Councilmember Cloven attended the Clayton Business and Community Association Art and Wine Committee meeting, and announced Clayton Cleans Up taking place on April 22, 2023.

Councilmember Tillman attended the Trails and Landscaping Committee meeting, attended the Cal Cities Community Services Policy Committee meeting, attended the Clayton Pride Parade Committee meeting; noting the parade will be taking place on June 4, 2023, and met with City staff.

Councilmember Trupiano attended the League of California Cities New Councilmember Academy, met with Senator Glazer and Alexia Lopez District Representative, attended the East Bay Leadership Council meeting, attended the Concerts in The Grove Committee meeting; noting the series will begin on May 13, 2023, attended the Contra Costa County Mayors’ Conference, and met with the City Engineer.

Vice Mayor Diaz attended the County Connection Board and Administrative Committee meetings, met with former Clayton Police Chiefs Dan Lawrence and Elise Warren, attended the Clayton Business and Community Association Art and Wine Committee and BBQ Cook-off meetings; noting the Art and Wine will be taking place on April 29 and 30, 2023, and the BBQ Cook-off will be taking place on August 26 and 27, 2023, and attended the Concerts in The Grove Committee meeting.

Mayor Wan attended the Contra Costa County Mayors’ Conference, the Budget/Audit Committee meeting, and the Garbage/Recycling Consultant meeting.

11. CLOSED SESSION – None.

12. ADJOURNMENT– on call by Mayor Wan, the City Council adjourned its meeting at 8:31 p.m.

The next regularly scheduled meeting of the City Council will be February 21, 2023. # # # # #
Respectfully submitted,
____________________________________________________________________________ City Council Minutes February 7, 2023 Page 4
________________________________
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: 2/21/2023
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 2/21/23 (1 page)

2. Payroll Reconciliation Summary report PPE 2/5/23 (2 pages) Attached Report Purpose Amount
Obligations Accounts Payable $ 173,930.26
Payroll Reconciliation Summary Payroll, Taxes $ 104,417.99 Total Required $ 278,348.25
City of Clayton Obligations for 2/21/23
Vendor name Invoice date Invoice number Invoice description Amount Payment method Authorize.net 01/31/2023 January23 Online bankcard gateway fee January 2023 $32.05 Bank draft CalPERS Retirement 02/05/2023 020523 Retirement PPE 2/5/23 $18,716.76 Bank draft Mission Square Retirement 02/05/2023 020523 457 Plan contributions PPE 2/5/23 $1,263.46 Bank draft Nationwide 02/05/2023 020523 457 Plan contribution PPE 2/5/23 $500.00 Bank draft Paylocity Corporation 01/20/2023 INV1246831 Payroll fees January 2023 $483.50 Bank draft Paysafe Payment Processing 01/31/2023 January2023 OTC Bankcard fees January 2023 $156.54 Bank draft Paysafe Payment Processing 01/31/2023 January2023 Online bankcard fees January 2023 $145.91 Bank draft Advanced Elevator Solutions, Inc 02/01/2023 51426 Elevator Service January 2023 $128.00 Check All City Management Services, Inc. 01/25/2023 82971 School crossing guard svcs 1/8/23-1/21/23 $2,368.44 Check All-Guard Systems, Inc. 01/05/2023 S117479 CH Service call $536.25 Check AT&T (HH Internet) 01/21/2023 322941575 0223 Hoyer Hall Internet 2/22/23-3/21/23 $187.25 Check Bay Area Barricade Serv. 01/19/2023 37990 Flooding & Slide Ahead signs $159.14 Check Bay Area News Group 01/31/2023 1365182 Legal Ad for January 2023 $662.20 Check Best Best & Kreiger LLP 02/08/2023 957092-957095 Legal svcs January 2023 $13,688.62 Check CA Department of Justice 02/03/2023 635858 Fingerprinting January 2023 $96.00 Check CA Soc of Muni Finance Officers 01/01/2023 2023 CSMFO Membership Renewal 2023 $125.00 Check CCWD 02/03/2023 020323 Water 12/7/22-2/3/23 $7,465.24 Check Cintas (First Aid) 02/02/2023 5143595012 Restock first aid cabinet $10.01 Check Comcast Business 02/05/2023 020523 Internet 2/10/23-3/9/23 $231.21 Check Comcast Business (PD) 02/01/2023 164346198 PD Internet January 2023 $988.68 Check Contra Costa County - Office of the Sheriff 01/17/2023 CLPD-2212 Toxicology December 2022 $580.00 Check Contra Costa Tractor Mobile Svc 09/30/2022 018681 Service to U80B NH tractor $510.00 Check CR Fireline, Inc 01/18/2023 122932 Library - reset fire alarm panel $575.00 Check CR Fireline, Inc 01/26/2023 122965 CH - reset fire alarm panel $675.00 Check Digital Services 02/02/2023 12189 IT services 1/8/23-2/2/23, backup data line $2,519.27 Check Dillon Electric Inc 02/13/2023 4804 Street light repairs 1/8/23 $384.00 Check Dillon Electric Inc 02/13/2023 4805 Street light repairs 2/8/23 $442.00 Check Folsom Lake Ford 01/16/2023 FL2064 PD vehicle 1FM5K8AB7NGC37321 $42,990.01 Check J&R Floor Services 02/10/2023 Miwok/Ahwanee Repair sidewalks $2,250.00 Check J&R Floor Services 02/10/2023 Morris/Main Repair sidewalks $1,712.00 Check JAM Services 02/14/2023 165434 Streetlight pole $4,159.65 Check Kennedy & Associates 02/04/2023 22-271 Consultant svcs The Olivia January 2023 $233.00 Check LarryLogic Productions 02/08/2023 2086 City council meeting production 2/7/23 $480.00 Check LEHR 02/03/2023 SI83519 Outfit PD vehicle 1748 $24,506.51 Check LSA Associates Inc 02/09/2023 186755 Consultant svcs January 2023 $786.25 Check Mission Square Retirement 01/27/2023 20221231-109-320171A Annual plan fee Q3 FY23 $125.00 Check Moore Iacofano Golstman, Inc 02/08/2023 79324 Housing Element svcs January 2023 $4,387.50 Check MPA 02/02/2023 918-31087 Life/LTD February 2023 $1,720.28 Check MSR Mechanical, LLC 02/06/2023 SVC007259 Library VAV inspection $3,403.00 Check NBS Govt. Finance Group 12/19/2022 202212-2899 Disclosure reporting 2007 Bonds $2,207.66 Check Occupational Health Centers of California 01/30/2023 78138256 PD Pre-employment exam $352.00 Check Precision Civil Engineering (PCE) 02/14/2023 27776 21-359 Pre-approved ADU Plans $6,200.00 Check Rural Pig Management, Inc 02/01/2023 CC020123 Pig control February 2023 $3,000.00 Check SCA of CA, LLC 01/31/2023 105094CS Street sweeping January 2023 $4,500.00 Check Staples Business Credit 01/25/2023 1646718657 Office supplies $272.83 Check Sterling Infosystems, Inc 01/31/2023 9291534 New employee record search January 2023 $282.00 Check T Mobile 02/01/2023 981497076 01/23 PD cell phones January 2023 $523.09 Check Texas Life Insurance Company 02/13/2023 SM0F1B20230212001 Supplemental insurance $42.25 Check Theis Engineering & Associates 02/05/2023 CLA2301 A-G Engineering svcs January 2023 $8,355.25 Check Waraner Brothers Tree Service 01/09/2023 16253 Emergency Storm Work 1/4/23 $3,700.00 Check Waraner Brothers Tree Service 01/09/2023 16254 Emergency Storm Work 1/5/23 $3,600.00 Check Western Exterminator 01/31/2023 191492C Pest control January 2023 $512.45 Check $173,930.26
Payroll Totals
Payroll Checks Check Type Count Net Check Dir Dep Amount Net Amount Regular 34 0.00 76,210.58 76,210.58
Regular 1 110.82 0.00 110.82
Totals 35 110.82 76,210.58 76,321.40 ĺ 76,321.40
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 110.82 77,232.23 77,343.05 ĺ 77,343.05 Tax Liability
CA and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA SDI - Employee EXEMPT Semi-Weekly 111,967.72 111,967.72 California SITW 698-1382-2 Semi-Weekly 110,454.26 110,454.26 6,034.06 Totals 6,034.06 0.00 ĺ 6,034.06
CASUI and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA Edu & Training 698-1382-2 0.001000 Quarterly 111,967.72 24,911.26 24.91 California SUI 698-1382-2 0.020000 Quarterly 111,967.72 24,911.26 498.23 Totals 0.00 523.14 ĺ 523.14
FITW and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount Federal Income Tax 94-1568979 Semi-Weekly 110,454.26 110,454.26 16,904.85 Medicare 94-1568979 Semi-Weekly 111,967.72 111,967.72 1,623.56 Medicare - Employer 94-1568979 Semi-Weekly 111,967.72 111,967.72 1,623.53 OASDI 94-1568979 Semi-Weekly 2,950.00 2,950.00 182.90
OASDI - Employer 94-1568979 Semi-Weekly 2,950.00 2,950.00 182.90 Totals 18,711.31 1,806.43 ĺ 20,517.74
Total Tax Liability 24,745.37 2,329.57 ĺ 27,074.94
Transfers
Type Date Source Account Amount
Dir Dep 2/2/2023 76,210.58
Tax 2/2/2023 27,074.94
Total Payroll Liability 104,417.99 ĺ 104,417.99
Paylocity Corporation
(888) 873-8205
Run on 2/6/2023 at 2:40 PM
User: JGiantvalley
Payroll Summary
City of Clayton

Page 1 of 2 ends

Check Dates: 02/03/2023 to 02/10/2023
Pay Periods: 01/23/2023 to 02/05/2023
Processes: 2023020301 - 2023021001
Trust 2/9/2023 110.82
Trust Agency 2/9/2023 1,021.65
Totals Transfers 104,417.99 ĺ 104,417.99
Tax Deposits
Required Tax Deposits Tax Due On Amount
( Deposit made by Service Bureau ) California SITW 2/8/2023 2,532.36 ( Deposit made by Service Bureau ) Federal Income Tax 2/8/2023 8,399.39 ( Deposit made by Service Bureau ) California SITW 2/15/2023 3,501.70 ( Deposit made by Service Bureau ) Federal Income Tax 2/15/2023 12,118.35 ( Deposit made by Service Bureau ) California SUI 5/1/2023 523.14 Total Tax Deposits 27,074.94
Paylocity Corporation
(888) 873-8205
Run on 2/6/2023 at 2:40 PM
User: JGiantvalley
Payroll Summary
City of Clayton

Page 2 of 2 ends

Check Dates: 02/03/2023 to 02/10/2023
Pay Periods: 01/23/2023 to 02/05/2023
Processes: 2023020301 - 2023021001
Agenda Item: 4(c)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Ron Bernal, Interim City Manager
DATE: February 21, 2023
SUBJECT: Adopt an Ordinance Amending Section 3.08.010 of the Clayton Municipal Code, Entitled “Signatures --- Authority Designated”
___________________________________________________________________________

RECOMMENDATION
Adopt an Ordinance amending Section 3.08.010 of the Clayton Municipal Code, Entitled “Signatures --- Authority Designated”.

DISCUSSION
On February 7, 2023, the City Council waived first reading and introduced an Ordinance amending Clayton Municipal Code Chapter 3.08.010 entitled “Signatures --- Authority Designated.” At that meeting, the City Council introduced the Ordinance with the following revisions:

1. Added the Mayor as one of the four persons authorized to draw or sign city warrants or checks;

2. Required two of four authorized persons to execute warrants or checks; and

3. Changed the reference to city officials to persons.

All of the revisions have been made to the attached Ordinance. The City Council may now adopt the Ordinance.

FISCAL IMPACT
There is no direct financial costs or savings associated with the Ordinance.

ATTACHMENT
Ordinance Amending Chapter 3.08.010 of the Clayton Municipal Code, Entitled “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, 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 signatures of any two (2) of the four (4) above-described persons shall be required for the due execution of such warrants or checks. The aforementioned four (4) persons are authorized to execute signature cards at the official depository. During any period of time when the positions of city manager, city clerk, and/or police chief are held by the same person, no one person shall be empowered to draw or sign city warrants or checks upon city funds.”
Section 3. 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 ______________________________________________________________________________ Ordinance No. ____ February 21, 2023
the invalid provisions, clause, or application, and to this end such provisions and clauses of the Ordinance are declared to be severable.

Section 4. 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 5. 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 6. 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 February 21, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA
____________________________________
Jeff Wan, Mayor
ATTEST
___________________________________
Janet Calderon, City Clerk
______________________________________________________________________________ Ordinance No. ___ February 21, 2023

APPROVED AS TO FORM APPROVED BY ADMINISTRATION
___________________________________ ____________________________________ Malathy Subramanian, City Attorney Rowland Bernal, Jr., 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
Agenda Item: 4(d)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY ATTORNEY
DATE: February 21, 2023
SUBJECT: ADOPT A RESOLUTION NO. OF THE CITY COUNCIL TERMINATING THE

LOCAL EMERGENCY IN THE CITY OF CLAYTON REGARDING
CORONAVIRUS (COVID-19)

RECOMMENDATION
Adopt Resolution of the City Council Terminating the Local Emergency in the City of Clayton Regarding Coronavirus (COVID-19).

BACKGROUND
The California Emergency Services Act, Government Code sections 8558(c) and 8630 authorize the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist.

Pursuant to Government Code section 8630 such an emergency may be proclaimed by the governing body or by an official designated by ordinance adopted by the governing body.

Clayton Municipal Code section 2.08.060 provides that the Director of Emergency Services, who is the City Manager, may request the City Council to proclaim the existence of a local emergency when the City Council is in session. In March of 2020, the Director of Emergency Services determined that there were circumstances of extreme peril to public safety of persons and property in the City caused by coronavirus ("COVID-19"). Therefore, on March 17, 2020, the Council adopted Resolution 06-2020 proclaiming a local emergency by virtue of the extreme peril due to COVID-19. The local emergency has been in effect since March 17, 2020.

The Governor of the State of California proclaimed a state of emergency for COVID-19, which is set to expire on February 28, 2023. The County declared a local emergency for COVID-19, which is also set to expire on February 28, 2023.

Subject: Resolution Terminating Local Emergency
Date: February 21, 2023

Page 2 of 2 ends

The local emergency was declared to recognized the impact of COVID-19 on the City, provide flexibility to the City in its response efforts, and allow the City to pursue potential funding opportunities related to emergency response. The City’s response to the COVID-19 pandemic has stabilized, and a declared local emergency is no longer necessary. The attached Resolution terminates the local emergency in the City of Clayton regarding COVID-19 effective February 28, 2023 consistent with the State and County.

FISCAL IMPACT
None.

Attachment:

Resolution of the Clayton City Council Terminating the Local Emergency in the City of Clayton Regarding Coronavirus (COVID-19)
RESOLUTION NO. XX-2023

RESOLUTION OF THE CLAYTON CITY COUNCIL

TERMINATING THE LOCAL EMERGENCY IN THE CITY OF CLAYTON REGARDING CORONAVIRUS (COVID-19)
WHEREAS, the California Emergency Services Act, Government Code sections 8558(c) and 8630 authorize the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist; and WHEREAS, pursuant to Government Code section 8630 such an emergency may be proclaimed by the governing body or by an official designated by ordinance adopted by the governing body; and
WHEREAS, on March 17, 2020, the City Council adopted Resolution No. 06-2020 to proclaim a local emergency by virtue of the extreme peril to the safety of persons and property in the City caused by coronavirus ("COVID-19"); and
WHEREAS, the Governor of the State of California has Proclaimed a State of Emergency for COVID-19, which is set to expire on February 28, 2023; and WHEREAS, Contra Costa County declared a local emergency for COVID-19, which is set to expire on February 28, 2023; and
WHEREAS, the City declared a local emergency to recognize the impact of COVID-19 on the City, provide flexibility to the City in its response efforts, and allow the City to pursue potential funding opportunities related to emergency response; and WHEREAS, the City’s response to the COVID-19 pandemic has stabilized, and a declared local emergency is no longer necessary.

BE IT RESOLVED that, effective February 28, 2023, the local emergency related to COVID-19 is hereby terminated.

PASSED AND ADOPTED by the Clayton City Council, State of California, on this 21st day of February 2023, by the following vote.

AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA
Jeff Wan, Mayor
ATTEST:
_________________________________
Janet Calderon, City Clerk

Agenda Item: 4(e)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Larry Theis, City Engineer
DATE: February 21, 2023
SUBJECT: Approve Parcel Map (MS 01-22) at 500 Douglas Road via resolution and find this subdivision project as CEQA Exempt under Class 3 and Class 15 ___________________________________________________________________________

RECOMMENDATION
Staff recommends that the City Council adopt the resolution (Attachment 1) that approves Parcel Map (MS 01-22) located at 500 Douglas Road and deem this project as categorically exempt from California Environmental Quality Act (CEQA) (Public Resources Code section 21000 et seq.) pursuant to section 15303 (Class 3, New Construction or Conversion of Small Structures) and section 15315 (Class 15, Minor Land Divisions) of the state CEQA Guidelines (California Code of Regulations section 15000 et seq.).

BACKGROUND
On August 28, 2018, the Clayton Planning Commission approved the tentative parcel map to subdivide an existing 1.47-acre lot into three parcels at 500 Douglas Road (APN 119-560- 012). The proposed southernmost parcel would contain the existing single-family residence and the proposed two northernmost parcels would be created as two additional single family residential lots. The applicant and their engineer/surveyor submitted the parcel map (Attachment 2), and staff has reviewed and found it to be technically correct and in conformance with the requirements of the Subdivision Map Act and the Clayton Municipal Code. Planning and Engineering have confirmed that the applicable conditions of approval in the Notice of Decision dated August 30, 2018, have been substantially satisfied in order to recommend approval of the parcel map.

ENVIRONMENTAL
This action of subdividing private land by approving the proposed parcel map is categorically exempt from CEQA pursuant to section 15303 (Class 3, New Construction or Conversion of Small Structures) and section 15315 (Class 15, Minor Land Divisions) of the state CEQA Guidelines (California Code of Regulations section 15000 et seq.).

FISCAL IMPACT
There is no direct fiscal impact to the City.

Attachments: 1. Resolution [2 pp.]

2. Parcel Map [4 pp.]
Resolution ##-Clayton (2022) Neighborhood Pavement Prevention Project #10449 February 21, 2023 RESOLUTION NO. ##-2023
A RESOLUTION APPROVING THE PARCEL MAP MS 01-22 FOR THE DOUGLAS ROAD PLANNED DEVELOPMENT (3 LOTS) AND DETERMINING THE PROJECT IS CATEGORICALLY EXEMPT FROM CEQA PURSUANT TO SECTIONS 15303 AND 15315

THE CITY COUNCIL
City of Clayton, California
WHEREAS, on August 28 ,2018 the Clayton Planning Commission approved the tentative parcel map to subdivide an existing 1.47-acre lot into three parcels at 500 Douglas Road (APN 119-560-012), with the proposed southernmost parcel would contain the existing single-family residence and the proposed two northernmost parcels would be created as two additional single family residential lots; and WHEREAS, under the California Environmental Quality Act (CEQA) this proposed subdivision project is deemed categorically exempt from CEQA (Public Resources Code section 21000 et seq.) pursuant to section 15303 (Class 3, New Construction or Conversion of Small Structures) and section 15315 (Class 15, Minor Land Divisions) of the state CEQA Guidelines (California Code of Regulations section 15000 et seq.); and WHEREAS, the City Staff has reviewed the proposed parcel map (MS 01-22) and finds it to be technically correct, and that applicable conditions of approval in the Notice of Decision dated August 30, 2018, have been substantially satisfied to recommend the approval of the parcel map by the City Council; and
WHEREAS, the developer and future property owners acknowledge there are remaining conditions of approval that still need to be satisfied in accordance with the Notice of Decision prior to the sale of lots, obtaining grading, construction, and building permits, and sign off for occupancy; and
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Clayton, California does hereby approve the Parcel Map (MS 01-22) located at 500 Douglas Road for recordation at the County Clerk Recorder and does not accept any offers of dedication at this time.

Resolution No. ##-2023 Page 2 of 2 February 21, 2023
PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California, at a regular public meeting thereof held on the 21st day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA
Jeff Wan, Mayor
ATTEST:

Janet Calderon, City Clerk
817 Arnold Drive, Ste. 50
Martinez, CA 94553
Ph: (925) 476-8499
www.apexce.net
1 817 Arnold Drive, Ste. 50
Martinez, CA 94553
Ph: (925) 476-8499
www.apexce.net
2 NOT TO SCALE
PARCEL "A"
PARCEL "B"
PARCEL "C"
817 Arnold Drive, Ste. 50
Martinez, CA 94553
Ph: (925) 476-8499
www.apexce.net
PARCEL "A"
PARCEL "B"
PARCEL "C"
817 Arnold Drive, Ste. 50
Martinez, CA 94553
Ph: (925) 476-8499
www.apexce.net
Agenda Item: 8(a)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY ATTORNEY
DATE: February 21, 2023
SUBJECT: CONTINUE USE OF HYBRID MEETINGS FOR CITY COUNCIL, PLANNING

COMMISSION AND BUDGET AND AUDIT COMMITTEE MEETINGS

RECOMMENDATION
Continue use of hybrid meetings for City Council, Planning Commission, and Budget and Audit Committee meetings to allow for greater public participation and the ability to use AB 2449.

BACKGROUND
Pursuant to AB 361, the City Council and its Commission initially conducted all virtual meetings due to the pandemic. Over time, the City moved to hybrid meetings, where the Council and Planning Commission attend in person and the public participated virtually.

Hybrid meetings have allowed the public to participate remotely and has increased public participation.

The City is not legally obligated to conduct hybrid meetings and therefore, we wanted to confirm the continued use of hybrid meetings for future City Council and Planning Commission meetings. If the City Council and Planning Commission would like to utilize AB 2449, which allows for officials to participate remotely under limited circumstances for just cause and emergency circumstances, that specific meeting must be hybrid. This may be difficult to set up last minute if there is not advance notice, which may be often the case.

To allow for increased public participation and flexibility for the City Council, Planning Commission and Budget and Audit Committee to utilize AB 2449 for remote participation should the need arise, we recommend the continued use of hybrid meetings.

FISCAL IMPACT
Subject: Continued Use of Hybrid Meetings
Date: February 21, 2023

Page 2 of 2 ends

There are costs associated with conducting hybrid meetings, which include audiovisual set up, monitoring and processing of meeting content. Costs per meeting are: $500 - $600 $12,000 - $14,400 annually) for a City Council Meeting, $200 - $300 ($4,800 - $7,200 annually) for a Planning Commission Meeting and $400 - $500 ($4,800 - $6,000 annually) for a Budget and Audit Committee Meeting.

Agenda Item: 8(b)

STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Ron Bernal, Interim City Manager
MEETING DATE: February 21, 2023
SUBJECT: Endeavor Hall Non-Profit Rental Rate Discussion

RECOMMENDATION
It is recommended the City Council discuss what level of discount or fee waiver they would like to apply to non-profit Clayton organizations for the rental of Endeavor Hall and provide staff direction on next steps.

BACKGROUND
In our annual City Council adopted Master Fee Schedule (City of Clayton User Benefit, Regulatory and Rental Fees), fees are set for all types of city services including the rental of facilities. For Endeavor Hall specifically, the City has established rates for different user classifications including residents, non-residents, Clayton-based non-profits and non-Claytonbased non-profits.

Over the years, different arrangements have been made with several community non-profits who regularly use the facility. These arrangements are not consistent with each other and, at times, create confusion and extra work for staff to interpret and administer. Staff is looking for a City Council policy that will provide clarity on how much to charge for the use of Endeavor Hall for the different user groups; specifically, Clayton non-profit organizations.

DISCUSSION
There has been a past practice of discounting the non-profit rate by 80% (charging 20% of the non-profit rate) especially when it involves longer-term renting of Endeavor Hall. Some smaller Clayton non-profits with low usage have had their fees waived altogether.

Prior to the pandemic, Endeavor Hall was rented around 140 days per year. This dropped significantly in 2020 and 2021 and has rebounded in in the past year to near pre-pandemic Subject: Endeavor Hall Non-Profit Rental Rate Discussion Meeting Date: February 21, 2023
Page: 2 of 2

levels. The estimated usage for FY2022/23 (July1, 2022 thru June 30, 2023) is 150 days with projected fees to be collected of $32,000. Based on the 80% reduction to the non-profit fee and full waivers provided to some users (under the past practice), approximately $41,000 in fees will be waived. In summary, absent any fee waivers, an estimated $73,000 would be collected for rental of Endeavor Hall this fiscal year.

It is not uncommon for City Councils to discount fees for organizations or causes that provide a community benefit; however, users who do not pay their full costs are being subsidized by the community at-large.

Staff recommends that the City Council consider a scaled approach to fee waivers based on the annual gross revenues of each non-profit. One example of this approach might be:

Gross Annual Revenue % Waived of Clayton Non-Profit Fee $10,000 or less 100%
$10,001 to $50,000 80%
$50,001 and above 40%

FISCAL IMPACT
The Fiscal Impact to the City of Clayton for the concept proposed in the table above is not known as staff does not know the gross annual revenue of the current users. The projected FY2022/23 cost to operate the facility is $75,000. It should be noted that the City has contracted to have a User Fee Study conducted which will review all of the City’s fees in conjunction with the FY2023/24 budget adoption process. This study will calculate the full cost to provide services at Endeavor Hall. The outcome of this study will likely result in potential revisions to facility rental fees.

ATTACHMENTS:

1. FY2022/23 Master Fee Schedule Pages 5 and 10 (Endeavor Hall Meeting Room)

CITY OF CLAYTON
Adopted FY 22-23 Master Fee Schedule
Adopted by the City Council Meeting June 21, 2022
Exhibit A
Resolution #54-2022
Foot
Notes Fee/Deposit Description
Proposed FY 2022-23
Fee/Deposit 5% CPI Increase
(8.8% total increase)
City of Clayton User Benefit, Regulatory and Rental Fees 6 Resident (per hour) $72
6 Non resident or Commercial (per hour) $90
6 Deposit (for all) - clean up/damage - refundable (per rental) $217 6 Reservation rental time change (same date) (less than 7 calendar days prior to use date) $49
6 Reservation rental date change (less than 7 calendar days prior to use date) $64 6 Rental Cancellation Fee (30 or more days prior to event) $31 6 Rental Cancellation Fee (15-29 days prior to event) 50% refund and $30 processing fee Rental Cancellation Fee (14 days or less) No refund
Endeavor Hall Meeting Room
6 Non-profits (Clayton-based and Non-Clayton-based Weekdays) (per hour Sun 5pm - Fri 5pm) $57
6 Clayton-based non-profit only (maximum daily weekday rental) $144 6 Non-profits (Clayton-based and Non-Clayton-based Weekends) (per hour Fri 5pm - Sun 5pm) $216
6 Resident - Weekdays (per hour Sun 5pm - Fri 5pm) $144 6 Non-resident or Commercial - Weekdays (per hour Sun 5pm - Fri 5pm) $173 6 Resident - Weekends (per hour Fri 5pm - Sun 5pm) $216 6 Non-resident or Commercial - Weekends (per hour Fri 5pm - Sun 5pm) $260 Deposit (all) - no alcohol or beer and wine only (clean up/damage per reservation) $500
Deposit (all) - hard alcohol (distilled spirits) (clean up/damage per reservation) $1,000 6 Reservation rental time change (same date) (less than 30 days prior to the event) $49
6 Reservation rental date change (less than 90 days prior to event) $64 Rental Cancellation Fee (181 or more days prior to event) 95% deposit refund and $30 processing fee
Rental Cancellation Fee (91 - 180 days prior to event) 75% deposit refund and $30 processing fee
Rental Cancellation Fee (61 - 90 days prior to event) 50% deposit refund and $30 processing fee
Rental Cancellation Fee (31 - 60 days prior to event) 25% deposit refund and $30 processing fee
Rental Cancellation Fee (30 days or less prior to event) No refund City Hall 1st Floor Conference Room
6 Non-profit (Clayton-based or non-Clayton-based non profits) (per hour) $31 6 Resident (per hour) $37
6 Non-resident or Commercial (per hour) $46
Deposit (clean up/damage per reservation) $100
6 Reservation rental time change (same date) (less than 7 calendar days prior to use date) $49
6 Reservation rental date change (less than 7 calendar days prior to use date) $64 6 Rental Cancellation Fee (30 or more days prior to event) $31 See Foot Notes on pages 10 Page 5

This specified Clayton Community Park picnic area is only available for rent in 4 hour block increments.

Amount reflects minimum engineering deposit for standard project requirements. However additional amounts may be required as determined by the City Engineer based on the size of the project and for unusual or non-standard circumstances. All costs for inspection and administration relating to this permit shall be deducted from the inspection service deposit(s) or cash bond.

CPI in prior year Master Fee Schedule (FY 2021 or FY2022) did not result in a fee increase due to the CPI impact being too trivial to warrant a full dollar increase as fees are adopted in whole dollars only. Therefore, fees in these areas for FY2023 did not increase.

City operational costs are driven both by labor increases and by overall cost of living increases and fees are adjusted by the higher of those two each year. For FY22 the CPI is equal to 5.0%, City Labor increases are equal to either 3% or 4%; thus the rates are increasing by 5.0%. They did not increase in FY22 due to staff turnover and COVID related delays; therefore, we are also including an increase of 3.8% for FY22. The total increase from FY21 to FY23 is 8.8%.

All fixed-cost development application fees are refundable based upon the City amount of staff work completed on the process of the application and subject to approval by the City Manager.

If a development project requires multiple applications, only a single deposit shall be required. In such cases, the amount of the deposit shall be the largest single deposit required by any of the applications, or an amount determined by the City Manager, not to exceed the sum of the deposits.

Deposits are required upon submittal of an application. A minimum deposit is stipulated by these fees. At City Manager's discretion, deposit requirement can be reduced. Also, if it is the judgment of staff a minimum deposit is not sufficient, the required deposit may be increased. If, after a deposit is made, more funds are needed, the applicant will be notified when approx. 30% of the deposit remains, any additional funds estimated by staff are to be provided to replenish the deposit account for continuing work on the project, until such funds are received work on the project may be suspended.

FOOT NOTES
See Foot Notes on pages 10 Page 10
Agenda Item: 8(c)
1 AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Ron Bernal, Interim City Manager
DATE: February 21, 2023
SUBJECT: Set March 13, 2023 for City Council Special Meeting: City Council Goal Setting
___________________________________________________________________________

RECOMMENDATION
Staff recommends the City Council discuss and by motion order direct staff to set a Special City Council meeting for March 13, 2023 at 3:30 p.m. for the purpose of conducting a Goal Setting Session.

BACKGROUND
Typically, the Clayton City Council meets at least once per year to discuss progress on prior year City Council goals and to establish new and/or modified goals for the upcoming year.

Council’s goals and priorities will inform the FY2023/24 budget process which is set to begin next month.

The last goal-setting session was March 21, 2022. At their April 5, 2022 meeting, City Council approved three main goals for FY2022/23:
• Pursue a structurally sustainable budget
• Identify what it takes to support staff in terms of technology and tools to bring the City into the 21st century
• Present a compliant Housing Element to the State Department of Housing and Community Development (HCD)

DISCUSSION
In addition to reviewing progress or completion of last year’s goals, this year’s session will also include a presentation from the firm that is concluding an Organizational Assessment to identify appropriate staffing levels and opportunities for improvement. 2 Based on a survey regarding potential available dates for this session, it is recommending that the Special Meeting be scheduled for 3:30 p.m. on Monday March 13, 2023 in the Third Floor Conference Room at City Hall and facilitated by the City Manager. In order to manage costs while providing an opportunity for the community to watch the meeting at a later date, it is also recommended that the meeting be in-person and video recorded so it can be posted on the City’s website.

Staff requests that Council provide direction on the following items:
1) Confirm the location, date and time,
2) Whether the meeting should be facilitated by the City Manager or a hired professional, and
3) Whether the meeting should be in-person and video recorded, in a hybrid format (similar to current regular City Council Meetings), audio recorded only, or not recorded.

If Council decides to have the meeting in a hybrid format, the session will have to be held in Hoyer Hall as it is the only City facility with this capability.

FISCAL IMPACTS
The fiscal impact of conducting the Goal Setting Session will depend on whether the Council wants a professional facilitator which could cost several thousand dollars, and whether the session will be a hybrid meeting conducted at Hoyer Hall which is estimated to cost approximately $600. If the meeting is facilitated by the City Manager and non-hybrid recorded, the cost to conduct the meeting will be nominal.

Attachments
None

Clayton City CouncilFebruary 21, 2023

Clayton City Council
February 21, 2023