_____________________________________________________________________________________________ Agenda March 7, 2023 Page 1
AGENDA
REGULAR MEETING
* * *
CLAYTON CITY COUNCIL
* * *
TUESDAY, March 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 March 7, 2023 Page 2
Instructions for Virtual City Council Meeting – March 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. _____________________________________________________________________________________________ Agenda March 7, 2023 Page 3
* CITY COUNCIL *
March 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 February 21, 2023. (City Clerk) (View here)
(b) Approve the Financial Demands and Obligations of the City. (Finance) (View here)
5. RECOGNITIONS AND PRESENTATIONS
(a) Information Only – No Action Requested.
• Irish-American Heritage Month.
• Women’s History Month.
• Cesar Chavez Day (March 31)
(b) Proclamation declaring March as “Red Cross Month” in the City of Clayton. (Mayor Wan) (View here)
_____________________________________________________________________________________________ Agenda March 7, 2023 Page 4
(c) Clayton Valley Village Presentation. (Councilmember Trupiano)
6. REPORTS
(a) City Manager/Staff
7. PUBLIC HEARINGS – None.
8. ACTION ITEMS
(a) Consider Termination of the Clayton Business and Community Association Master Use Agreement. (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 21, 2023. # # # # #
Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes February 21, 2023 Page 1
MINUTES
OF THE
REGULAR MEETING
CLAYTON CITY COUNCIL
TUESDAY, February 21, 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 Joanna Gin, Police Chief Richard McEachin, Community Development Director Dana Ayers, Finance Director Angeline Loeffler, and City Clerk Janet Calderon.
2. PLEDGE OF ALLEGIANCE – led by Mayor Wan.
3. PUBLIC COMMENT ON NON - AGENDA ITEMS
Vito Impastato, Assistant Chief, provided a brief update of Contra Costa Fire happening throughout the county.
4. CONSENT CALENDAR
It was moved by Councilmember Cloven, seconded by Councilmember Trupiano, to approve the Consent Calendar items 4(a) – 4(e), as submitted. (Passed 5-0). (a) Approved the minutes of the City Council’s regular meeting of February 7, 2023. (City Clerk)
(b) Approved the Financial Demands and Obligations of the City. (Finance) (c) Adopted Ordinance No. 498 Amending Section 3.08.010 of the Clayton Municipal Code, Entitled “Signatures --- Authority Designated”. (Interim City Manager) (d) Adopted Resolution No. 11-2023 of the City Council Terminating the Local Emergency in the City of Clayton Regarding Coronavirus (COVID-19). (City Attorney) (e) Adopted Resolution No. 12-2023 Approving 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)
5. RECOGNITIONS AND PRESENTATIONS
(a) Administration of the Oath of Allegiance by the Police Chief to the City’s new Police Sergeant, Torrey Jarvis.
____________________________________________________________________________ City Council Minutes February 21, 2023 Page 2
The Oath of Allegiance to Police Sergeant Torrey Jarvis was administered by Police Chief McEachin. Sergeant Jarvis’ father Mark Mays pinned her badge to her uniform.
6. REPORTS
(a) Interim City Manager Ron Bernal introduced Joanna Gin who is serving as our City Attorney this evening, advised the City Hall Closure to the public on Wednesdays, noted the Clayton Budget and Audit Committee meeting is taking place on Monday, February 27, 2023 and introduced Clayton’s new Finance Director Angeline Loeffler.
8. ACTION ITEMS
(a) Continue Use of Hybrid Meetings for City Council, Planning Commission and Budget and Audit Committee Meetings. (City Attorney)
City Attorney Joanna Gin presented the report.
Following questions and comments by the City Council, Mayor Wan opened the public comment.
Sandy Johnson expressed concern of the total costs of the hybrid meetings.
Mr. Levy is in support of continuing hybrid meetings.
Rosy Straka is also in support of continuing hybrid meetings.
Mayor Wan closed public comment.
It was moved by Councilmember Tillman, seconded by Councilmember Cloven, to continue Use of Hybrid Meetings for City Council, Planning Commission and Budget and Audit Committee Meetings with a modification to no panning during the Budget and Audit Committee meetings. (Passed; 4-1 No; Diaz) (b) Endeavor Hall Non-Profit Rental Rate Discussion. (Interim City Manager) Interim City Manager Ron Bernal presented the report.
Following questions and comments by the City Council, Mayor Wan opened the public comment.
Carl Wolfe, President Clayton Business and Community Association, expressed concern regarding the increased costs for use of Endeavor Hall which may not be feasible to the Clayton Business and Community Association.
Direction was provided to staff to modify the tiers, add 3 days of fee waivers to Clayton based non-profits with less than $10,000 in receipts in a calendar year and an 80% discount for additional days, the next tier would offer an 80% discount to Clayton Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes February 21, 2023 Page 3
based non-profits with receipts of $10,001 – $150,000, and a 50% discount to Clayton based non-profits with receipts of $150,001 or more.
(c) Set March 13, 2023 for City Council Special Meeting: City Council Goal Setting. (Interim 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 agreed to hold the City Council Goal Setting Session on Monday, March 13 at 3:30pm in Hoyer Hall with livestream and zoom capabilities.
9. COUNCIL ITEMS
Councilmember Cloven requested a future agenda item to include consideration of funding an additional Crossing Guard.
Councilmember Tillman requested a future agenda item to include traffic calming devices such as speed bumps on Regency Drive.
9. COUNCIL REPORTS
(a) City Council - Reports from Council liaisons to Regional Committees, Commissions and Boards.
Councilmember Trupiano attended the East Contra Costa Habitat Conservancy meeting, the Clayton Community Library Foundation meeting, the Clayton City Council Special meeting, met with Carl Wolfe regarding the Concerts in The Grove, and met with the Interim City Manager.
Vice Mayor Diaz met with the Morgan Territory Association meeting; announcing a CERT informational meeting taking place on Monday, February 27 in Hoyer Hall, met with the City Manager, attended the Contra Costa Fire Protection Academy Graduation ceremony, attended the County Connection Board meeting, met with the Interim City Manager, and met with the Police Chief.
Councilmember Tillman met with the Interim City Manager met with the Community Development Director, attended a Rainbow Community Center meeting regarding the upcoming Pride Parade, and met with Congressman DeSaulnier.
Councilmember Cloven attended the TRANSPAC meeting, met with Cub Scout Troop 262, attended the Clayton City Council Special meeting, spoke with constituents, and announced the upcoming Clayton Cleans Up on April 22 sponsored by Clayton Business and Community Association and Republic Services.
Mayor Wan met with staff, spoke with constituents, met with the Mount Diablo Parent Facility Club regarding auction items such as Mayor for the Day and a car in the 4th of July Parade, and announced the City Hall Wednesday closure to the public. ____________________________________________________________________________ City Council Minutes February 21, 2023 Page 4
11. CLOSED SESSION – None.
12. ADJOURNMENT– on call by Mayor Wan, the City Council adjourned its meeting at 8:45 p.m.
The next regularly scheduled meeting of the City Council will be March 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
ANGELINE LOEFFLER, FINANCE DIRECTOR
DATE: 3/7/2023
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 3/7/23 (1 page)
2. Payroll Reconciliation Summary report PPE 2/19/23 (2 pages) Attached Report Purpose Amount
Obligations Accounts Payable $ 149,045.69
Payroll Reconciliation Summary Payroll, Taxes $ 87,046.52 Total Required $ 236,092.21
City of Clayton Obligations for 3/7/23
Vendor name Invoice date Invoice number Invoice description Amount Payment method American Fidelity Assurance Company 02/15/2023 2226183A FSA PPE 2/5/23 $80.00 Bank draft American Fidelity Assurance Company 02/28/2023 D553756 Supplemental Insurance February 2023 $596.00 Bank draft CalPERS Health 02/14/2023 17087883 Medical March 2023 $33,116.17 Bank draft CalPERS Retirement 02/19/2023 021923 Retirement PPE 2/19/23 $17,795.35 Bank draft Mission Square Retirement 02/19/2023 021923 457 Plan contributions PPE 2/19/23 $225.00 Bank draft Nationwide 02/19/2023 021923 457 Plan contribution PPE 2/19/23 $500.00 Bank draft Neopost (add postage) 02/24/2023 022423 Postage added $300.00 Bank draft All City Management Services, Inc. 02/08/2023 83255 School crossing guard svcs 1/22/23-2/4/23 $2,631.60 Check AT&T (HH Internet) 02/07/2023 0767096706 Hoyer Hall Internet 3/22/23-4/21/23 $184.47 Check Cintas Corporation 11/25/2022 4138567705 PW uniforms through 11/25/22 $64.19 Check Cintas Corporation 12/01/2022 4139167974 PW uniforms through 12/1/22 $64.19 Check Cintas Corporation 12/08/2022 4139844951 PW uniforms through 12/8/22 $64.19 Check Cintas Corporation 12/30/2022 4142060417 PW uniforms through 12/30/22 $64.19 Check Concord Uniforms 11/18/2022 20068 Uniform - McEachin $2,182.29 Check Contra Costa County Clerk Elections Division 02/17/2023 2009-B 11/8/22 General Election $119.45 Check Contra Costa Tractor Mobile Svc 02/14/2023 018717 Service to Ford 260C Tractor $1,050.66 Check Cowan & Thompson Construction, Inc 02/08/2023 32331-32338 Sidewalk work, ADA ramp $52,834.00 Check Dave Bang Associates, Inc of California 12/20/2022 CA53057 Slide for The Grove Park $7,573.00 Check De Lage Landen Financial Services, Inc. 12/17/2022 78493090 PD copier lease March 2023 $123.52 Check De Lage Landen Financial Services, Inc. 02/21/2023 79070453 Copier lease March 2023 $1,004.49 Check Dimpy Sanduya 02/21/2023 EH012823 EH deposit refund $500.00 Check DPG Pavers & Design 02/24/2023 CAP0439 Deposit refund $1,192.62 Check Globalstar LLC 02/16/2023 46153308 Sat phone 2/16/23-3/15/23 $136.95 Check Hamilton Tree Service, Inc 01/06/2023 52409 Emergency removal of Eucalyptus tree fallen in Creek 1/2/23 $12,004.25 Check Hammons Supply Company 12/22/2022 121731 Janitorial supplies December 2022 $701.90 Check Hammons Supply Company 12/22/2022 121732 Janitorial supplies December 2022 $347.97 Check Hammons Supply Company 12/22/2022 121733 Janitorial supplies December 2022 $355.47 Check Hammons Supply Company 02/15/2023 122139 Janitorial supplies February 2023 $451.26 Check Hammons Supply Company 02/15/2023 122140 Janitorial supplies February 2023 $234.58 Check Hammons Supply Company 02/15/2023 122141 Janitorial supplies February 2023 $710.18 Check Hammons Supply Company 02/15/2023 122142 Janitorial supplies February 2023 $502.88 Check Health Care Dental Trust 02/21/2023 328035 Dental March 2023 $1,725.80 Check J&R Floor Services 03/01/2023 Two2023 Janitorial svcs February 2023 $5,028.00 Check J&R Floor Services 02/17/2023 Wawona/Morris Repair sidewalks $1,900.00 Check KB Security Kams, Inc 02/16/2023 831949 Service call, troubleshoot down cameras $395.00 Check LarryLogic Productions 02/15/2023 2088 Planning Commision Meeting Production 2/14/23 $160.00 Check League of CA Cities East Bay Division 02/10/2023 5049 Member dues 2023 $450.00 Check Occupational Health Centers of California 02/09/2023 78286874 PD Employment med svc $154.00 Check Prestige Printing & Graphics 01/16/2023 83276 FD Business cards $91.13 Check Quadient Leasing USA, Inc 02/16/2023 N9815661 Postage machine lease 9/21/22-3/20/23 $1,180.32 Check Turf Star, Inc. 02/21/2023 7266794-00 Landscape tool parts $135.18 Check Vision Service Plan (CA) 02/18/2023 817278399 Vision March 2023 $115.44 Check Total $149,045.69
Payroll Totals
Payroll Checks Check Type Count Net Check Dir Dep Amount Net Amount Regular 25 0.00 67,883.98 67,883.98
Totals 25 0.00 67,883.98 67,883.98 ĺ 67,883.98
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 68,905.63 68,905.63 ĺ 68,905.63 Tax Liability
CA and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA SDI - Employee EXEMPT Semi-Weekly 93,996.41 93,996.41 California SITW Semi-Weekly 93,271.41 93,271.41 4,286.39 Totals 4,286.39 0.00 ĺ 4,286.39
CASUI and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA Edu & Training 0.001000 Quarterly 93,996.41 5,872.88 5.87 California SUI 0.020000 Quarterly 93,996.41 5,872.88 117.46 Totals 0.00 123.33 ĺ 123.33
FITW and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount Federal Income Tax Semi-Weekly 93,271.41 93,271.41 11,005.25 Medicare Semi-Weekly 93,996.41 93,996.41 1,362.97
Medicare - Employer Semi-Weekly 93,996.41 93,996.41 1,362.95 Totals 12,368.22 1,362.95 ĺ 13,731.17
Total Tax Liability 16,654.61 1,486.28 ĺ 18,140.89
Transfers
Type Date Source Account Amount
Dir Dep 2/23/2023 67,883.98
Tax 2/23/2023 18,140.89
Trust Agency 2/23/2023 1,021.65
Totals Transfers 87,046.52 ĺ 87,046.52
Total Payroll Liability 87,046.52 ĺ 87,046.52
Paylocity Corporation
(888) 873-8205
Run on 2/21/2023 at 6:12 PM
User: JGiantvalley
Payroll Summary
City of Clayton
Check Date: 02/24/2023
Pay Period: 02/06/2023 to 02/19/2023
Process: 2023022401
Tax Deposits
Required Tax Deposits Tax Due On Amount
( Deposit made by Service Bureau ) California SITW 3/1/2023 4,286.39 ( Deposit made by Service Bureau ) Federal Income Tax 3/1/2023 13,731.17 ( Deposit made by Service Bureau ) California SUI 5/1/2023 123.33 Total Tax Deposits 18,140.89
Paylocity Corporation
(888) 873-8205
Run on 2/21/2023 at 6:12 PM
User: JGiantvalley
Payroll Summary
City of Clayton
Check Date: 02/24/2023
Pay Period: 02/06/2023 to 02/19/2023
Process: 2023022401
Agenda Item: 5(b)
declaring
March 2023
as
“Red Cross Month”
WHEREAS; during American Red Cross Month in March, we celebrate the humanitarian spirit of Contra Costa and reaffirm our commitment to help ensure no one faces a crisis alone; and WHEREAS; caring for one another is at the heart of our community and exemplified by the people of Contra Costa, whose simple acts of kindness through the Red Cross provide help and hope in people’s most difficult moments - continuing the lifesaving legacy of Clara Barton, who founded the organization more than 140 years ago to prevent and alleviate human suffering; and WHEREAS; every day, these ordinary individuals lend a helping hand to make an extraordinary difference for neighbors in need – whether it’s providing emergency shelter, food and comfort for families displaced by home fires, floods and other disasters. In 2022 the Red Cross assisted 172 families in need; and
WHEREAS; every day, these individuals donate lifesaving blood for cancer patients, accident victims, and people with sickle cell disease and other life-threatening conditions. In 2022 there were 568 blood drives held in Contra Costa County, collecting over 16,823 units of blood; and WHEREAS; every day, these ordinary individuals support military members and veterans, along with their families and caregivers, through the unique challenges of service. The Red Cross Service to the Armed Forces opened and assisted 320 cases; and
WHEREAS; every day, these ordinary individuals use vital skills like first aid and CPR to help others survive medical emergencies. In 2022 we trained over 7,000 people in these skills and they deliver international humanitarian aid and reconnect loved ones separated by crises around the world; and WHEREAS; in addition, these ordinary individuals, through our Red Cross Sound the Alarm program installed 300 smoke alarms making households safer and trained over 400 youth in preparedness through our Prepare with Pedro and Pillowcase Project; and WHEREAS; the support, volunteerism and generous donations by these ordinary individuals and partners are critical to our community’s resilience. We hereby recognize this month of March in honor of all those who fulfill Clara Barton’s noble words, “You must never think of anything except the need and how to meet it,” and ask everyone to join in this community commitment.
NOW THEREFORE, I, Jeff Wan, Mayor, on behalf of the Clayton City Council, do hereby proclaim March 2023 as “Red Cross Month” in Clayton, California and encourage all citizens of Clayton to reach out and support and its humanitarian mission.
Agenda Item: 8(a)
1 AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Ron Bernal, Interim City Manager
DATE: March 7, 2023
SUBJECT: Consider Termination of the Clayton Business and Community Association Master Use Agreement
___________________________________________________________________________
RECOMMENDATION
It is recommended the City Council discuss this item and provide direction to staff.
BACKGROUND
On May1, 2008, the City entered into a Master Use Agreement with the Clayton Business and Community Association (CBCA). The basic intent of the agreement was to reduce the amount of work necessary for both CBCA and City staff when CBCA applies for permits, sought fee and cost waivers, and applied for City grants for each of the Art & Wine Festival, Tree Lighting, and Oktoberfest events. Amendment No.1, effective June 7, 2016 added the Rib Cook Off to the list of events.
DISCUSSION
The Mayor has asked that this item be placed on the City Council agenda for the purpose of discussing the merits of continuing this agreement. Areas for discussion include, but are not limited to, whether there is full cost recovery for services and facilities provided by the City, whether taxpayers funds are being used to subsidize the events associated with this agreement and this organization, and whether the treatment of this group is similar to other groups or organizations.
FISCAL IMPACTS
There is no fiscal impact related to discussing this item.
ATTACHMENTS
Attachment 1: City of Clayton Master Use Agreement with CBCA and Amendment No. 1 Attachment 2: FY 2022-23 Master Fee Schedule