_____________________________________________________________________________________________ Agenda April 18, 2023 Page 1
AGENDA
REGULAR MEETING
* * *
CLAYTON CITY COUNCIL
* * *
TUESDAY, April 18, 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 in City Hall located at 6000 Heritage Trail and 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 will be made available for public inspection in the City Clerk’s office located at 6000 Heritage Trail during normal business hours and 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 April 18, 2023 Page 2
Instructions for Virtual City Council Meeting – April 18, 2023 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.
2. Phone-in: Register for the meeting using the URL in the paragraph above. Once registered, you will receive an e-mail with instructions to join the meeting telephonically, and then dial toll-free 877-853-5257 and use the Webinar ID and Password found in the e-mail.
3. E-mail Public Comments: If preferred, please e-mail public comments to the City Clerk, Ms. Calderon at [email protected] by 5:00 p.m. on the day of the City Council meeting. All e-mailed public comments will be forwarded to the entire City Council.
Each person attending the meeting via video conferencing or telephone and who wishes to speak on an agendized or non-agendized matter shall have a set amount of time to speak as determined by the Planning Commission Chair.
_____________________________________________________________________________________________ Agenda April 18, 2023 Page 3
* CITY COUNCIL *
April 18, 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 April 4, 2023. (City Clerk) (View here)
(b) Approve the Financial Demands and Obligations of the City. (Finance Director) (View here)
(c) Resolution Directing the Preparation and Filing of an Engineer’s Report for the Diablo Estates Benefit Assessment District. (City Engineer) (View here)
5. RECOGNITIONS AND PRESENTATIONS
(a) Proclamation declaring the week of April 23 – 29, 2023 as “Clayton Community Library Week”. (Mayor Wan) (View here)
(b) Mount Diablo Interpretive Association (MDIA) Mitchell Canyon Educational Center Presentation. (Councilmember Trupiano) (View here)
_____________________________________________________________________________________________ Agenda April 18, 2023 Page 4
6. REPORTS
(a) City Manager/Staff
7. PUBLIC HEARINGS – None.
8. ACTION ITEMS
(a) Authorize the Mayor to Execute the City Manager Employment Agreement. (City Attorney) (View here)
(b) Resolution Adopting the City of Clayton’s Salary Schedule Effective April 18, 2023, in Conformance with the California Public Employees Retirement System (CalPERS) Requirements to Provide a Publicly Available Salary Schedule. (Interim City Manager) (View here)
(c) Receive the Report and Provide Feedback on the Traffic Speed Strategy. (Chief of Police and City Engineer) (View here)
(d) Approve Funding Appropriation for American Rescue Plan Act (ARPA) Funds for Efficiency Measures and Asset Replacement and Acquisition. (Interim City Manager) (View here)
(e) Provide Direction on whether to Appropriate Additional American Rescue Plan Act (ARPA) Funds for the Local Assistance Program (Clayton Cares) and whether to Modify the Amount Allowed per Grant Recipient. (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. ADJOURNMENT
The next regularly scheduled meeting of the City Council will be May 2, 2023. # # # #
Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes April 4, 2023 Page 1
MINUTES
OF THE
REGULAR MEETING
CLAYTON CITY COUNCIL
TUESDAY, APRIL 4, 2023
1. CALL TO ORDER THE CITY COUNCIL – The meeting was called to order at 6:33 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 and Trupiano. Councilmembers absent: None. Staff present: Interim City Manager Ron Bernal, City Attorney Mala Subramanian, Gary Phillips Executive Vice President and Executive Recruiter from Murray and Associates, and City Clerk Janet Calderon.
2. CLOSED SESSION
(6:34 p.m.) Mayor Wan announced City Council Closed Session. (a) Public Employment (Gov. Code 54957)
Title: City Manager
Conference with Labor Negotiators (Gov. Code 54957.6)
Agency designated representatives: Mayor Wan and Councilmember Tillman Unrepresented employee: City Manager
- Short Recess -
* * * * *
7:00 P.M.
Report out from Closed Session:
(7:19 p.m.) Mayor Wan reported “No Reportable Action”.
3. RECALL TO ORDER THE CITY COUNCIL – The meeting was called to order at 7:19 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 and Trupiano. Councilmembers absent: None. Staff present: Interim City Manager Ron Bernal, City Attorney Mala Subramanian, Community Development Director Dana Ayers, Chief of Police Rich McEachin, Maintenance Supervisor Jim Warburton, Finance Director Angeline Loeffler, City Engineer Larry Theis, and City Clerk Janet Calderon.
4. PLEDGE OF ALLEGIANCE – Led by Mayor Wan.
Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes April 4, 2023 Page 2
5. PUBLIC COMMENT ON NON-AGENDA ITEMS
Pete Matheson requested the City Council consider reopening Clayton Cares Act Funding to local businesses.
Christine Muller expressed her dissatisfaction with the termination of the Clayton Business and Community Association contract.
Mayor Wan closed public comment.
6. CONSENT CALENDAR
Mayor Wan requested item 6(d) pulled for a separate discussion.
It was moved by Councilmember Cloven and seconded by Councilmember Trupiano to approve the Consent Calendar items 6(a) – 4(c) and 4(e), as submitted. (Passed 5-0)
(a) Approved the minutes of the City Council’s special meeting of March 13, 2023 and City Council’s regular meeting of March 28, 2023. (City Clerk) (b) Approved the Financial Demands and Obligations of the City. (Finance Director) (c) Adopted Ordinance No. 499 to Amend Clayton Municipal Code Chapter 17.47, Sections
17.04.083 and 17.44.030, and Schedule 17.37.030A Pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units (ZOA-02-2022), and Finding that Such Amendment is Exempt from CEQA Pursuant to Public Resources Code Section 21080.17. (Community Development Director)
(e) Approved National Opioid Litigation and Authorization to Participate in Additional Settlement Agreements Arising from the Litigation. (City Attorney) Item 6(d) pulled for a separate discussion
(d) Adoption of a Revised Investment Policy. (Finance Director) Mayor Wan requested this item be tabled and brough back to a future meeting, as it does not reflect the Budget and Audit Committee direction provided to staff.
7. RECOGNITIONS AND PRESENTATIONS
(a) Information Only – No Action Requested.
• Autism Acceptance Month
• Arab-American Heritage Month
• Earth Day (April 22)
• Armenian Genocide Remembrance Day (April 24)
Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes April 4, 2023 Page 3
8. REPORTS
(a) Interim City Manager Ron Bernal announced the City is accepting applications for the Community Financial Sustainability Committee and the Facility Attendant position, the City is finalizing the City Manager recruitment, and advised he will be out of the office next week so Community Development Director Dana Ayers will be Acting City Manager.
9. PUBLIC HEARINGS
(a) Adopt a Resolution authorizing the City to amend the Installation Agreement with Climatec to initiate Phase 2 of the Comprehensive Infrastructure Renewal and General Fund Savings Program and to find the amendment to be exempt from the California Environmental Quality Act (CEQA). (Interim City Manager) Interim City Manager Ron Bernal introduced Bern Carter, Business Development Manager from Climatec, who provided the presentation.
Following questions and comments by the City Council, Mayor Wan opened the public comment.
Larry Love expressed support of this item and inquired if a solar component would be considered for Clayton businesses.
Ed Miller inquired if a Request For Proposals will go out to perform the work, and the expected time period for the City to be reimbursed.
Mayor Wan closed public comment.
It was moved by Councilmember Trupiano, seconded by Mayor Wan, to Adopt Resolution No. 19-2023 Approving an Amendment to the Energy Services Agreement with Climatec LLC to Implement Certain Energy Conservation Measures Under California Government Code Section 4217.10 Et Seq., Authorize the City Manager to Execute the Amendment, Adopt Findings in Accordance with California Government Code Section 4217.12, and Find it Exempt from CEQA. (Passed 5-0)
10. ACTION ITEMS
(a) The Fiscal Year 2022-23 Mid-Year Budget Update. (Finance Director) Finance Director Angeline Loeffler presented the report.
Following questions and comments by the City Council, Mayor Wan opened the public comment.
Noah Greenwood, the owner of Modern Boba and Sushi, requested funding for small businesses.
Larry Love requested the City Council consider additional funding for small businesses in Clayton.
Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes April 4, 2023 Page 4
Mayor Wan closed public comment.
The City Council thanked the Finance Director for the presentation. (b) Approve Funding Appropriation of American Rescue Plan Act (ARPA) Funds for Energy Cost Savings, Efficiency Measures, and Asset Replacement. (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.
Larry Love requested the City Council consider additional funding opportunities for Clayton small businesses.
Mayor Wan closed public comment.
Direction was provided to staff to provide a detailed analysis on Permit Management Software (Community Development Department and Finance Department), establishment of the GIS system, Ditch Witch vacuum trailer, F250 utility body trucks, Tattle Tale traffic signal lights, video surveillance system at City Hall, and a City Hall pool vehicle. (c) Annual Consideration of Canceling Any Regular City Council Meetings During the Summer of 2023. (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.
Roy Correa provided comments on the previous item requesting the City Council to consider prioritization and risk with the budget discussion.
Mayor Wan closed public comment.
It was moved by Councilmember Cloven, seconded by Mayor Wan, to Cancel the July 4, 2023 and September 5, 2023 regularly scheduled City Council meetings. (Passed 5-0)
11. COUNCIL ITEMS
Councilmember Tillman requested future agenda items to include an update from the Trails and Landscaping Committee, an update from the Concerts in The Grove Committee, an update from the July 4 Parade Committee, a review of special agreements, and an amendment of the Clayton Municipal Code regarding mobile food vendors.
Councilmember Trupiano requested a future agenda item to include a presentation by the Mount Diablo Interpretive Association. She also announced the Concerts in The Grove will begin May 13 through September 16 every other weekend.
Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes April 4, 2023 Page 5
12. COUNCIL REPORTS
(a) City Council – Reports from Council liaisons to Regional Committees, Commissions, and Boards.
Councilmember Trupiano attended the League of California Cities East Bay Division meeting, attended the Budget and Audit Committee meeting, the Clayton Business and Community Association mixer, announced a new business Sip n Sweet, attended Clayton Theater Company production of Mousetrap, and announced an upcoming meeting of the Concerts in The Grove taking place on April 19, 2023.
Vice Mayor Diaz met with the Mayor, attended the Clayton Business and Community Association Art and Wine Committee meeting, met with the City Manager, and met with the Chief of Police.
Councilmember Tillman attended the Cal Cities Legislative Committee meeting, attended the Elected Women’s Luncheon, attended a Pride Committee meeting, met with the City Manager, attended the Clayton Business and Community Association mixer, attended the Clayton Business and Community Art and Wine committee meeting, and spoke with constituents.
Councilmember Cloven attended the Clayton Business and Community Association mixer, attended the Clayton Business and Community Association Art and Wine committee meeting, spoke with constituents, announced the upcoming Pride Parade taking place on June 4, and announced the upcoming Clayton Cleans Up event taking place April 22.
Mayor Wan attended a meeting with Climatec, attended the Budget and Audit committee meeting, had multiple Oakhurst Geological Hazard Abatement discussions and spoke with constituents.
13. ADJOURNMENT – on call by Mayor Wan, the City Council adjourned its meeting at 10:33 p.m.
# # # # #
Respectfully submitted,
________________________________
Janet Calderon, City Clerk
APPROVED BY THE CLAYTON CITY COUNCIL
______________________________________
Jeff Wan, Mayor
Agenda Item: 4(b)
1 AGENDA REPORT
TO:
FROM:
DATE:
HONORABLE MAYOR AND COUNCIL MEMBERS
Jennifer Giantvalley, Accounting Technician
Angeline Loeffler, Finance Director
April 18, 2023
SUBJECT: Approve the 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 4/18/23 (2 pages)
2.Payroll Reconciliation Summary report PPE 4/2/23 (2 pages) Attached Report Purpose Amount
Obligations Accounts Payable $ 401,078.61
Payroll Reconciliation Summary Payroll, Taxes $ 96,669.83 Total Required $ 497,748.44
City of Clayton
Obligations for 4/18/23
Vendor name Invoice date Invoice number Invoice description Amount Payment method Advanced Elevator Solutions, Inc 04/01/2023 52226 Elevator Service March 2023 $128.00 Check All City Management Services, Inc. 03/22/2023 84316 School crossing guard svcs 3/5/23-3/18/23 $2,368.44 Check Alpine Awards & Imprinted Sportswear, Inc 03/20/2023 6102139 Name plates $79.02 Check AT&T (HH Internet) 03/21/2023 032123 Hoyer Hall Internet 4/22/23-5/21/23 $242.23 Check Authorize.net 04/01/2023 March2023 Online bankcard gateway fee March 2023 $32.90 Bank draft Samuel Awad 04/06/2023 CCP CCP partial refund $86.00 Check Bay Area News Group 03/31/2023 1370910 Legal Ad for March 2023 $951.16 Check Bob Murray & Associates 03/15/2023 9982 Executive search services $3,434.12 Check Brady IFS 03/29/2023 7945789 Trash liners $1,011.38 Check Brady IFS 09/19/2022 FQ547953 Trash liners $1,019.53 Check Emira Brown 03/31/2023 032623 The Grove Park deposit refund $271.00 Check Craig M Bryant, East Bay Mudd 03/30/2023 091623 Concert in The Grove 9/16/23 $2,500.00 Check CalPERS Retirement 04/02/2023 040223 Retirement PPE 4/2/23 $18,493.96 Bank draft Caltronics Business Systems 03/17/2023 3727550 Copier usage 2/19/23-3/18/23 $79.91 Check Caltronics Business Systems 01/19/2023 3677084 Copier usage 12/19/22-1/18/23 $66.87 Check Cintas (First Aid) 03/31/2023 8406194421 Restock first aid cabinet $39.03 Check Cintas Corporation 04/06/2023 4151749079 PW uniforms through 4/6/23 $63.98 Check Cintas Corporation 03/31/2023 8406178659 PW uniforms March 2023 $127.96 Check City of Concord 03/29/2023 96351 Livescans January 2023 $144.00 Check City of Concord 03/29/2023 96349 Dispatch svcs March 2023 $26,921.86 Check Comcast (Projects) 04/04/2023 CAP0466 Deposit refund $102.42 Check Contra Costa County - Office of the Sheriff 03/09/2023 CLPD-2302 Toxicology February 2023 $300.00 Check Contra Costa County Department of Conservation & Development 03/31/2023 2023Q3 CASp fee Q3FY23 $295.80 Check Contra Costa County Public Works Dept 03/22/2023 705770 Traffic signal maintenance February 2023 $3,778.83 Check Cropper Rowe, LLP 03/31/2023 462 3rd Progress billing, FS FY 2022 $5,000.00 Check Cropper Rowe, LLP 01/31/2023 439 4th Progress billing, FS FY 2022, GASB 87 $3,325.00 Check Kevin Crossman 03/30/2023 051323 Concert in The Grove 5/13/23 $2,500.00 Check Maren Dalgaard 04/04/2023 022623 HH Deposit refund $217.00 Check Diablo Lawnscape 04/06/2023 2972 Replace synthetic turf @ The Grove Park $21,250.00 Check Diablo View Construction, Inc 04/10/2023 1548 Wash & stain gazebos $14,500.00 Check Digital Services 03/28/2023 12197 IT services 2/3/23-3/28/23 $4,485.00 Check Dillon Electric Inc 04/04/2023 4836 Street light repairs 4/4/23 $1,160.26 Check Dillon Electric Inc 04/02/2023 4835 Install 2 light poles (property damage claims) $3,180.76 Check Division of the State Architect 03/31/2023 2023Q3 CASp fees Q3 FY23 $34.80 Check Fleetwood Mask 03/30/2023 080923 Concert in The Grove 8/19/23 $4,150.00 Check Foreverland, LLC 03/30/2023 070823 Concert in The Grove 7/8/23 $4,000.00 Check Hammons Supply Company 04/05/2023 122579 Janitorial supplies April 2023 $149.12 Check Hammons Supply Company 03/22/2023 122396 Janitorial supplies March 2023 $202.30 Check Hammons Supply Company 03/22/2023 122395 Janitorial supplies March 2023 $331.65 Check HercRentals, Inc 03/03/2023 33451928-002 Trailer rental $517.15 Check HercRentals, Inc 02/17/2023 33451928-001 Trailer rental $546.73 Check HercRentals, Inc 02/01/2023 33450960-001 Trailer vacuum $2,910.92 Check Hinderliter de Llamas & Associates 03/30/2023 SIN026368 Sales Tax Q3 FY23 $1,070.27 Check Sandy Johnson 04/04/2023 040423 Petty cash-Car wash $15.99 Check Kenneth Joiret 03/30/2023 091623 Concert in The Grove Sound Tech 9/16/23 $1,400.00 Check Kenneth Joiret 03/30/2023 090223 Concert in The Grove Sound Tech 9/2/23 $1,400.00 Check Kenneth Joiret 03/30/2023 081923 Concert in The Grove Sound Tech 8/19/23 $1,400.00 Check Kenneth Joiret 03/30/2023 080523 Concert in The Grove Sound Tech 8/5/23 $1,400.00 Check City of Clayton
Obligations for 4/18/23
Kenneth Joiret 03/30/2023 072223 Concert in The Grove Sound Tech 7/22/23 $1,400.00 Check Kenneth Joiret 03/30/2023 070823 Concert in The Grove Sound Tech 7/8/23 $1,400.00 Check Kenneth Joiret 03/30/2023 062423 Concert in The Grove Sound Tech 6/24/23 $1,400.00 Check Kenneth Joiret 03/30/2023 061023 Concert in The Grove Sound Tech 6/10/23 $1,400.00 Check Kenneth Joiret 03/30/2023 052723 Concert in The Grove Sound Tech 5/27/23 $1,400.00 Check Kenneth Joiret 03/30/2023 051323 Concert in The Grove Sound Tech 5/13/23 $1,400.00 Check Jump Street Productions, Nancy K McDonald 03/30/2023 072223 Concert in The Grove 7/22/23 $3,000.00 Check Paul Kent 03/30/2023 080523 Concert in The Grove 8/5/23 $2,750.00 Check LarryLogic Productions 04/05/2023 2104 City council meeting production 4/4/23 $640.00 Check LarryLogic Productions 03/28/2023 2102 Budget/Audit committee meeting production 3/27/23 $160.00 Check Mission Square Retirement 04/02/2023 040223 457 Plan contributions PPE 4/2/23 $225.00 Bank draft MPA 04/01/2023 918-31890 Life/LTD April 2023 $1,781.23 Check MPA 03/01/2023 918-31561 Life/LTD March 2023 $1,421.52 Check MSR Mechanical, LLC 04/04/2023 SVC007783 EH HVAC maintenance April 2023 $573.00 Check MSR Mechanical, LLC 03/27/2023 SVC007668 Library HVAC maintenance March 2023 $1,645.00 Check MSR Mechanical, LLC 03/22/2023 SVC007619 CH Qrtrly HVAC maintenance March 2023 $1,332.00 Check Nationwide 04/02/2023 040223 457 Plan contribution PPE 4/2/23 $750.00 Bank draft Nevada Alpha Construction Svcs, LLC 04/04/2023 CAP0480 Deposit refund $1,804.01 Check OSH - Clayton 04/07/2023 F56514/3 Supplies $8.87 Check
ParcelQuest 04/10/2023 3223-4-2023 ParcelQuest.com renewal 6/1/23-5/31/24 $2,399.00 Check Paysafe Payment Processing 03/31/2023 March2023 OTC Bankcard fees March 2023 $351.38 Bank draft Paysafe Payment Processing 03/31/2023 March2023 Online bankcard fees March 2023 $173.73 Bank draft PG&E 03/20/2023 7293447797-6 32023 Energy 2/14/23-3/15/23 $31,408.97 Check Pride & Joy SF LLC 03/30/2023 062423 Concert in The Grove 6/24/23 $2,800.00 Check SCA of CA, LLC 03/31/2023 105570CS Street sweeping March 2023 $4,500.00 Check SEFNCO 04/04/2023 CAP0475 Deposit refund $1,433.71 Check Stewart L Sher 03/30/2023 052723 Concert in The Grove 5/27/23 $2,500.00 Check SPEC 03/28/2023 M-2128-152 Playground equipment for CCP $98,737.09 Check Staples Business Credit 03/25/2023 1647855681 Office supplies $500.85 Check Stericycle Inc 04/01/2023 3006405674 Medical waste disposal $71.66 Check Swenson's Mobile Fleet Repair 03/30/2023 I006325 PW maintenance 2005 Chevy van $711.18 Check T J Communications 02/28/2023 1535 CH Maintenance Dept IT Installation $2,527.34 Check Tasche Vibe Music, Inc, Vybe Society 03/30/2023 061023 Concert in The Grove 6/10/23 $3,500.00 Check Theis Engineering & Associates 04/07/2023 CLA2303 A-I Engineering svcs March2023 $59,539.79 Check Thomas V Thompson 03/30/2023 090223 Concert in The Grove 9/2/23 $2,200.00 Check Turf Star, Inc. 03/27/2023 7270939-00 Landscape tool parts $288.00 Check Unique Pest Control 03/17/2023 317231 Gopher/Ground Squirrel control March 2023 $895.00 Check Unique Pest Control 02/10/2023 210231 Gopher/Ground Squirrel control February 2023 $895.00 Check US Bank CalCard 03/22/2023 032223 CalCard Stmt end 3/22/23 $13,740.02 Bank draft Verizon Wireless 04/01/2023 9931438613 PW cell phones 3/2/23-4/1/23 $222.11 Check Waterplay Solutions Corp 04/04/2023 INV-83875 Splash Pad repair, The Grove Park $4,555.00 Check Western Exterminator 04/03/2023 238978C Pest control March 2023 $512.45 Check Workers.com 04/07/2023 135874 Seasonal workers week end 4/2/23 $1,402.22 Check Workers.com 03/31/2023 135826 Seasonal workers week end 3/26/23 $1,635.91 Check Workers.com 03/03/2023 135642 Seasonal workers week end 2/26/23 $1,402.22 Check $401,078.61
Payroll Totals
Payroll Checks Check Type Count Net Check Dir Dep Amount Net Amount Regular 31 0.00 74,930.27 74,930.27
Totals 31 0.00 74,930.27 74,930.27 ĺ 74,930.27
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 75,951.92 75,951.92 ĺ 75,951.92 Tax Liability
CA and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA SDI - Employee EXEMPT Semi-Weekly 103,957.88 103,957.88 California SITW Semi-Weekly 102,982.88 102,982.88 4,834.52 Totals 4,834.52 0.00 ĺ 4,834.52
CASUI and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA Edu & Training 0.001000 Quarterly 103,957.88 4,381.30 4.38 California SUI 0.020000 Quarterly 103,957.88 4,381.30 87.63 Totals 0.00 92.01 ĺ 92.01
FITW and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount Federal Income Tax Semi-Weekly 102,982.88 102,982.88 12,485.17 Medicare Semi-Weekly 103,957.88 103,957.88 1,507.42
Medicare - Employer Semi-Weekly 103,957.88 103,957.88 1,507.39 OASDI Semi-Weekly 2,350.00 2,350.00 145.70
OASDI - Employer Semi-Weekly 2,350.00 2,350.00 145.70
Totals 14,138.29 1,653.09 ĺ 15,791.38
Total Tax Liability 18,972.81 1,745.10 ĺ 20,717.91
Transfers
Type Date Source Account Amount
Dir Dep 4/6/2023 74,930.27
Tax 4/6/2023 20,717.91
Trust Agency 4/6/2023 1,021.65
Total Payroll Liability 96,669.83 ĺ 96,669.83
Paylocity Corporation
(888) 873-8205
Run on 4/3/2023 at 6:46 PM
User: JGiantvalley
Payroll Summary
City of Clayton
Check Date: 04/07/2023
Pay Period: 03/20/2023 to 04/02/2023
Process: 2023040701
Totals Transfers 96,669.83 ĺ 96,669.83
Tax Deposits
Required Tax Deposits Tax Due On Amount
( Deposit made by Service Bureau ) California SITW 4/12/2023 4,834.52 ( Deposit made by Service Bureau ) Federal Income Tax 4/12/2023 15,791.38 ( Deposit made by Service Bureau ) California SUI 7/31/2023 92.01 Total Tax Deposits 20,717.91
Paylocity Corporation
(888) 873-8205
Run on 4/3/2023 at 6:46 PM
User: JGiantvalley
Payroll Summary
City of Clayton
Check Date: 04/07/2023
Pay Period: 03/20/2023 to 04/02/2023
Process: 2023040701
Agenda Item: 4(c)
AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Larry Theis, P.E., Public Works Director/City Engineer DATE: April 18, 2023
SUBJECT: Resolution Directing the Preparation and Filing of an Engineer’s Report for the Diablo Estates Benefit Assessment District
RECOMMENDATION
Adopt the attached Resolution directing the preparation of an Engineer’s Report for the Diablo Estates Benefit Assessment District.
BACKGROUND
At the request of the developer of the Diablo Estates residential project, the City Council (by approval of Resolution 04-2012 on February 7, 2012) formed the Diablo Estates Benefit Assessment District (“District”) in accordance with the requirements of the Landscaping & Lighting Act of 1972 and the Benefit Assessment Act of 1982. The purpose of the District is for private property owners to be assessed annually to fund the annual maintenance of the various subdivision improvements constructed as part of the residential project that are of benefit to the properties within the subdivision. The initial Engineer’s Report and benefit assessment was prepared by the Engineer of Work and approved via a Proposition 218 ballot election by the property owners as required by law. The District was formed allowing the maximum annual assessment rates to increase annually based on the San Francisco Bay Area Consumer Price Index (“CPI”).
Although the Benefit Assessment Act of 1982 does not require further action prior to levying the annual assessment if the assessment rates are not increased (other than any pre-authorized adjustment due to a CPI increase), the Landscaping & Lighting Act of 1972 does require the filing and approval of an annual Engineer’s Report prior to levying an annual assessment.
For the purpose of continuing to levy annual assessments on the property owners, the City Council initiates the process by calling for preparation of an annual Engineer’s Report. After enactment of this Resolution, the next step will be for the Engineer of Work (City Engineer) Subject: Resolution Directing the Preparation and Filing of an Engineer’s Report for the Diablo Estates Benefit Assessment District
Date: April 18, 2023
Page: 2 of 2
to submit, and the City Council to review and then accept, the Engineer’s Report for this District. Following that submittal will be a public hearing (with property owners’ advance notification) prior to formally setting next year’s assessments in sufficient time to be levied and collected via the County’s secured property tax bills issued by the County for Fiscal Year 2023-2024.
FISCAL IMPACTS
None to the City. As designed and approved, all expenses associated with the subdivision improvements, maintenance, operation, and repair are borne by the property owners in the District.
ATTACHMENTS
Resolution Directing the Preparation and Filing of an Annual Engineer’s Report for the Diablo Estates Benefit Assessment District
Resolution No. - 2023 Page 2 of 2 April 18, 2023
RESOLUTION NO. XX - 2023
A RESOLUTION DIRECTING THE PREPARATION
AND FILING OF AN ANNUAL ENGINEER’S REPORT
FOR THE DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT
(PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972)
THE CITY COUNCIL
City of Clayton, California
WHEREAS, as requested by the Diablo Estates project’s property owners and by Resolution No. 04-2012 adopted February 7, 2012, the Clayton City Council formed the Diablo Estates Benefit Assessment District (the “District”) pursuant to both the Landscaping & Lighting Act of 1972 and the Benefit Assessment Act of 1982; and WHEREAS, an initial Engineer’s Report was prepared by a registered civil engineer; and
WHEREAS, an initial annual assessment, along with an allowable annual rate increase in accordance with annual increase in the San Francisco-Bay Area Consumer Price Index (“CPI”), was approved by the affected property owner(s) in a Proposition 218 ballot election; and
WHEREAS, although the Benefit Assessment Act of 1982 requires no further action to continue levying the annual assessment, the Landscaping & Lighting Act of 1972 does require the City Council to direct the Engineer of Work to prepare an Annual Engineer’s Report prior to the levying of an assessment; and WHEREAS, it is the City Council’s intent to commence said proceedings to ensure sufficient funds be assessed, levied, collected, and expended each fiscal year to fulfill the property owner’s obligation to properly maintain, operate and repair the associated Diablo Estates subdivision improvements as private property owner beneficiaries;
NOW, THEREFORE, the City Council of Clayton, California does hereby resolve as follows:
1. There are no significant changes proposed to the improvements maintained by the District.
2. The City Engineer is hereby directed to prepare and file an Annual Engineer’s Report in accordance with the provisions of the Landscaping & Lighting Act of 1972.
3. This Resolution is adopted pursuant to Section 22622 of the California Streets and Highways Code.
Resolution No. - 2023 Page 2 of 2 April 18, 2023
PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California at a regular public meeting thereof held on the 18th day of April 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: 5(a)
declaring
the week of April 23 – 29, 2023
as
“Clayton Community Library Week”
WHEREAS, libraries provide the opportunity for everyone to pursue their passions and engage in lifelong learning, allowing them to live their best life; and WHEREAS, libraries have long served as trusted institutions for all members of the community regardless of race, ethnicity, creed, ability, sexual orientation, gender identity, or socio-economic status; and
WHEREAS, libraries strive to develop and maintain programs and collections that are as diverse as the populations they serve and ensure equity of access for all; and WHEREAS, libraries adapt to the ever-changing needs of their communities, continually expanding their collections, services, and partnerships; and
WHEREAS, libraries play a critical role in the economic vitality of communities by providing internet and technology access, literacy skills, and support for job seekers, small businesses, and entrepreneurs; and
WHEREAS, libraries are accessible and inclusive places that promote a sense of local connection, advancing understanding, civic engagement, and shared community goals; and WHEREAS, libraries are cornerstones of democracy, promoting the free exchange of information and ideas for all; and
WHEREAS, libraries, librarians, and library workers are joining library supporters and advocates across the nation to celebrate National Library Week.
NOW, THEREFORE, be it resolved that I, Jeff Wan, Mayor, and on behalf of the entire Clayton City Council, proclaim National Library Week, April 23-29, 2023. During this week, we encourage all residents to visit their library to explore the wealth of resources available.
Possible new visitor
center at Mitchell
Canyon (MCVC)
12/5/20 version
Mike Brandy/Dick
Nicoll
Mount Diablo Interpretive Association (MDIA)
Mitchell Canyon Educational Center
Presentation for
Clayton City Council
🠶🠶 MDIA is a 501c3 organized as
a “Cooperating Agency” to
exclusively support Mount
Diablo State Park
🠶🠶 We are an all volunteer
organization founded in 1974
🠶🠶 On November 7, 2020, the
MDIA Board approved a goal
to determine the feasibility of
building a new visitor center
at Mitchell Canyon
MITCHELL CANYON IS A VERY
POPULAR PLACE FOR VISITORS
• “Looking at a twelve
month stretch that
does not include
pandemic times, the
total visitors estimated
for Mitchell Canyon
ranged between
34,000 and 35,000 “
🠶🠶 Park visitors come for ……
🠶🠶 Hikes…to the Summit, or Eagle Peak, or The
Waterfalls
🠶🠶 Mountain biking, trail runs
🠶🠶 Family hikes up Mitchell Canyon
🠶🠶 Wildflower and butterfly hikes
🠶🠶 Tarantula hikes
🠶🠶 And more
🠶🠶 This is a destination for the entire Bay Area
Our current visitor center…..
A temporary trailer (10x40=400 square feet ) constructed and dedicated in 2004, it is now 16 years old!
WHAT ARE WE MISSING AT MITCHELL CANYON?
• A larger indoor space for stationary and rotating exhibits that meets disability guidelines and speaks to the diverse nature of our visitors and will accommodate field trip classes
• A visual and physical connection leading to the Native Plant Garden • A large (covered?) outdoor space to house exhibits with benches, maps of popular hikes from Mitchell Canyon that can educate visitors even when the visitor center is closed, and serve field trip classes • A multi -media/ small meeting room
OUR VISION FOR A NEW EDUCATIONAL CENTER
THE PROPOSED
NEW MITCHELL
CANYON
EDUCATIONAL
CENTER
AN INDOOR AND
OUTDOOR
EDUCATION,
NATURAL
HISTORY, AND
ENVIRONMENTAL
SCIENCE FACILITY
THE INTERIOR IS
1,500 SF AND
ALLOWS ROOM
FOR EXPANDED
EXHIBITS AND
AUDIO VISUAL
WE WILL ALSO
HAVE A LARGE
OUTDOOR
EXHIBIT AREA,
OPEN EVEN
WHEN THE
EDUCATION
CENTER IS
CLOSED
THE NEW DESIGN
FETURES
ADDITIONAL
PARKING AND
SCHOOL BUS
ACCESS.
WE WILL BE ABLE
TO WELCOME
FIELD TRIPS!
THE EXISTING
NATIVE PLANT
GARDEN WOULD
BECOME A
FEATURE OF THE
NEW DESIGN.
THE CENTER HAS
BEEN DESIGNED
TO TAKE
ADVANTAGE OF
NATURAL LIGHT
AND NATURAL
AIRFLOW TO
MAXIMIZE
CONFORT
THERE YOU HAVE
IT! THE NEW
MITCHELL
CANYON
EDUCATION
CENTER!!
HOW THE CLAYTON CITY COUNCIL CAN HELP US
MAKE THIS VISION A REALITY
Help us spread the word!
Share our story with your community.
Newsletter, Website,
Inform us of any businesses or individuals who would like to help us fund this project
OUR GOALS IS TO RAISE $3 MILLION
THANK YOU!
Agenda Item: 8(a)
AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: City Attorney
DATE: April 18, 2023
SUBJECT: Authorize the Mayor to Execute the City Manager Employment Agreement ___________________________________________________________________________
RECOMMENDATION
Authorize the Mayor to execute the City Manager’s Employment Agreement.
BACKGROUND
The City Council has been in the process of looking for a new City Manager since the resignation of the City Manager. The City Council directed the City Attorney to prepare an employment agreement with Bret Prebula for City Manager.
Bret Prebula serves as Interim Assistant City Manager for the City of Benicia and, prior to that, as the Finance Director for the same City. He has professional local government experience working in diverse communities with a broad background and skills, including municipal finance, budgeting, and information technology.
The City Manager’s Employment Agreement provides for a start date of May 15, 2023, a 3-year term, salary of $228,000, a car allowance of $400 per month and a technology allowance. The City Manager’s Employment Agreement is attached here for your consideration.
1 EMPLOYMENT AGREEMENT
THIS AGREEMENT is between the City of Clayton, a municipal corporation of the State of California (the “City”) and Bret Prebula (“Employee”). It is made effective as of the first date of Employee’s employment with the City.
This Agreement is entered into on the basis of the following facts, among others:
A. The City desires to employ the qualified professional services of Employee as City Manager of the City of Clayton, as provided by the Clayton Municipal Code.
B. Employee desires to accept employment by the City as its City Manager.
C. The City Council and Employee desire to establish this employment relationship, subject to the terms and conditions set forth in this Agreement pertaining to compensation and benefits, performance evaluations, and related matters.
BASED UPON THE FOREGOING, THE CITY AND EMPLOYEE AGREE AS FOLLOWS:
1. Employee Appointed. The City appoints and employs Employee as City Manager, and Employee accepts the appointment and employment. Employee will commence work on May 15, 2023 (the “Effective Date”).
2. Duties of Employee. Employee shall perform the duties established for the City Manager by State law, the Clayton Municipal Code, the City Manager job description, the directions of the City Council, or as otherwise provided by law, ordinance, or regulation. (a) Full Energy and Skill. Employee shall faithfully, diligently, and to the best of Employee's abilities, perform all duties that may be required under this Agreement.
Employee agrees that Employee has a duty of loyalty and a general fiduciary duty to the City.
Employee shall devote the whole of Employee's working time, skill, experience, knowledge, ability, labor, energy, attention, and best effort exclusively to the City’s business and affairs. 2 (b) No Conflict. Employee shall not engage in any employment, activity, consulting service, or other enterprise, for compensation or otherwise, which is actually or potentially in conflict with, inimical to, or which interferes with the performance of Employee’s duties for the City. Further, Employee shall not, during the term of this Agreement, individually, as a partner, joint venture, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of the City of Clayton. (c) Outside Activities. Employee shall not spend more than eight (8) hours per month in teaching, consulting, expert witness testimony, speaking, or other non-City connected business for which compensation is paid without express prior consent of the City Council. Employee will take personal leave (i.e. vacation time) for all outside activities of this nature.
3. Hours of Work. Employee is an exempt employee and is expected to engage in those hours of work that are necessary to fulfill the obligations of the City Manager’s position. Employee does not have set hours of work as Employee is expected to be available at all times. It is recognized that Employee must devote a great deal of time to the business of the City outside of the City’s customary office hours, and to that end Employee’s schedule of work each day and week shall vary in accordance with the work required to be performed and in accordance with any specific direction provided by the City Council.
4. Term. The term of this Agreement shall be for three (3) years from the Effective Date through May 15, 2026, unless terminated earlier by either party in accordance with the provisions set forth in Section 9.
5. Annual Evaluation. On or about six months of May 15, 2023 and each year on or about the Employee’s anniversary date, the City Council shall conduct an evaluation of Employee’s performance and provide guidance and direction regarding the City Council’s 3 goals and objectives which Employee shall be tasked with implementing. At the time of the evaluation, Employee shall be eligible to receive an increase in base salary, as determined by the City Council in its sole discretion. Employee shall be eligible for the first increase on Employee’s first anniversary date, and then annually with the performance evaluation thereafter.
Employee is not automatically entitled to any increase, which is subject to the sole discretion of the Council. While a formal evaluation will be conducted annually, the Council, at more frequent intervals and at times selected by the Council, can also conduct an informal review and/or provide other input to Employee regarding Employee’s job performance.
6. Compensation. Employee shall receive the base annual salary of Two Hundred Twenty-Eight Thousand Dollars ($228,000), payable on a pro-rata basis on established paydays and in accordance with payroll in the same manner as all full time City employees, and subject to all applicable payroll taxes and withholdings.
7. Regular Benefits and Allowances. Employee shall be entitled to those employee benefits (in the form of health insurance and retirement benefits), adopted by Employer for department manager employees from time to time, subject to applicable qualification requirements and regulatory approval requirements, if any. Employer agrees to provide and pay the City allowance for vision, dental, and medical insurance for Employee and his/her dependents, if any, equal to that which is provided to department manager employees of Employer. Similarly, Employer agrees to enroll Employee in the City-provided disability insurance program and to obtain a life insurance policy in the amount of $50,000, for which Employee can designate the beneficiary(ies). All benefits provided to Employee are subject to change consistent with City policy, Council approval, and applicable law.
8. Additional Benefits and Allowances. In addition to the benefits specified in Section 7, Employee shall receive the following additional benefits and allowances. 4 (a) Vacation; Sick Leave; Administrative Leave
(i) Vacation. Employee shall accrue one hundred sixty (160) hours of vacation each year, earned on a pro rata basis each pay period, and subject to use in accordance with the vacation policy established for all full-time City employees. (ii) Sick Leave. Employee shall be allowed to accrue and use paid sick leave in accordance with the sick leave policy established for all full-time City employees.
(iii) Administrative Leave. Employee will be granted up to a maximum of one hundred twenty (120) hours of paid Administrative Leave each fiscal year.
This amount is awarded to Employee on July 1 of each fiscal year. If Employee has any amount of Administrative Leave remaining at the conclusion of the fiscal year, on July 1, the Employee will be awarded with however many hours are necessary to bring the total number of Administrative Leave hours to 120. (For example, if Employee has 80 hours of Administrative Leave remaining on June 30, 2023, Employee will be awarded with 40 hours on July 1, 2023, so that the total Administrative Leave equals 120 hours). Unused Administrative Leave will not be paid in cash or any other form of compensation upon separation from City employment. It remains available to Employee only to use in connection with active employment. On the Effective Date of this Agreement, Employee will be awarded one hundred (120) hours of Administrative Leave, on account of commencing employment part-way through the current fiscal year.
(b) Automobile. Employee shall receive a monthly vehicle allowance of Four Hundred Dollars ($400.00) per month. The parties intend for this taxable allowance to be in 5 in lieu of reimbursement on an itemized basis for mileage, gas, maintenance of a vehicle, etc.
Employee shall not be separately reimbursed for mileage driven in a personal vehicle. (c) Retirement.
(i) CalPERS: Employer agrees to enroll Employee into the California Public Employees Retirement System (“CalPERS) and shall pay the PERS Employer share subject to this section. Employee shall be responsible for paying the PERS Employee share. (ii) Deferred Compensation: Employer maintains a deferred compensation plan pursuant to Internal Revenue Code Section 457 (“the Plan”). Employer shall provide a monthly contribution of $400, paid directly into the Plan on Employee’s behalf. In addition, Employee shall be allowed to make contributions from her own wages to the Plan, subject to limitations and restrictions imposed by the Plan and applicable law. (d) Technology Allowance. Employee shall receive either a City-owned cell phone and (accompanying City-paid plan) or a $50 monthly taxable technology allowance to use towards her personal discretionary technological purchases and expenses in furtherance of City employment (e.g. cellular phone, tablet, data plan, laptop computer). The parties intend this allowance to cover all technology-related costs that Employee incurs in the course and scope of employment with the City.
9. Termination of Employment.
(a) No Property Interest. Employee understands and agrees that Employee has no constitutionally-protected property or other interest in Employee’s employment as City Manager. Employee understands and agrees that Employee works at the will and pleasure of the City Council, and that Employee may be terminated, or asked to resign, at any time, with or without cause, by a majority vote of its members. Notice of termination shall be provided to Employee in writing. “Termination,” as used in this Agreement, shall also include 1) a request that 6 Employee resign; 2) a reduction in salary or other financial benefits provided by the City in a significant amount which is inconsistent with a reduction in salary or financial benefits for employees in the executive management unit; or 3) the elimination of the City Manager’s position. (b) Termination Immediately Before or Following City Council Election. No action by the City Council to terminate Employee, other than for gross mismanagement or an act of moral turpitude (as described in Section 9(f)), will be made within ninety (90) days either before a City Council election or immediately following a City Council election. Nothing in this paragraph alters the “at will” status of Employee’s employment with City.
(c) Notice Required Of Employee. Employee may voluntarily terminate employment at any time by giving not less than sixty (60) days notice. (d) Severance Pay. If Employee is asked to resign or is terminated as City Manager, then Employee shall be eligible to receive a cash payment equivalent to the sum of Employee’s then-current monthly salary multiplied by three (3) (or by the remaining number of months in the Agreement, whichever is less) and the cash value, as determined by the City, of Employee’s monthly non-salary COBRA-eligible benefits multiplied by three (3) (or [pursuant to Government Code section 53260] by the remaining number of months in the Agreement, whichever is less). Notwithstanding the above, if in or around May 2024, Employee receives a positive annual performance evaluation, as determined in the sole discretion of the City Council, then the amount of severance Employee is eligible to receive under this paragraph shall be equivalent to the sum of the Employee’s then-current monthly salary multiplied by six (6) (or by the remaining number of months in the Agreement, whichever is less) and the cash value, as determined by the City, of Employee’s monthly non-salary COBRA-eligible benefits multiplied by six (6) (or [pursuant to Government Code section 53260] by the remaining number of months in 7 the Agreement, whichever is less). This cash payment will be made on a pro-rated, monthly basis over the number of months involved, subject to termination of the severance requirement set forth below. Employee shall also be paid for any accrued, but unused, vacation leave, but not accrued sick leave. Eligibility for such severance payment is expressly conditioned upon Employee’s execution of (i) a waiver and release of any and all of Employee’s claims against City, and (ii) a covenant not to sue. All normal payroll taxes and withholdings as required by law shall be made with respect to any amounts paid under this section. Employee expressly agrees to provide notice to the City within two (2) business days of accepting employment elsewhere, and the City’s obligation to pay any remaining severance benefits to Employee shall terminate upon Employee’s acceptance of such alternative employment.
(e) Long-Term Disability. If Employee is unable to perform assigned duties because of sickness, accident, injury, mental incapacity or health for a period of four consecutive months (with or without reasonable accommodation), Employer shall have the option to terminate this Agreement. Employee agrees that, due to the importance of Employee’s position with the City, an inability to perform duties for a period in excess of four consecutive months could not be reasonably accommodated. If Employee is terminated because of long-term disability, Employee shall be compensated in a lump sum for any accrued and unused vacation.
Employer shall have no further responsibility to make, and Employee shall be deemed ineligible for, severance payments pursuant to subdivision (d). Eligibility for such severance payment is expressly conditioned upon Employee’s execution of (i) a waiver and release of any and all of Employee’s claims against Employer, and (ii) a covenant not to sue in a form provided by Employer.
(f) Ineligibility for Severance Under Certain Conditions. If the termination of Employee is the result of “good cause,” Employee shall not be paid any severance 8 pay. For purposes of this section, “good cause” includes: (i) gross neglect of duties which has a negative impact on City operations; (ii) gross mismanagement which has a negative impact on City operations, and/or (iii) an act or acts of moral turpitude determined to have a negative impact on City operations or the Employee’s ability to serve the City. If Employee disagrees with the City’s determination of “good cause,” Employee’s sole remedy shall be a judicial action in declaratory relief to determine whether there was evidence of “good cause” as established above. If the court determines there was not substantial evidence of “good cause,” Employee shall receive the severance pay provided in this subsection, but no other damages.
10. Statutory Requirements. This Agreement shall be deemed to incorporate by reference the provisions of Sections 53243 et seq. of the Government Code, as it may be amended or renumbered.
11. Payment of Expenses of Employment. The City shall pay to Employee the usual and customary employment expenses incurred while performing the duties described in this Agreement, which may include travel, meals, lodging expenses, and parking fees, consistent with the City’s reimbursement policies. Employee shall submit a receipt and a description of the expenses to the City’s Finance Manager within thirty (30) days of the date each expense is incurred as a condition of obtaining reimbursement. In addition to these expenses, the City shall pay:
(a) The cost of any fidelity or other bonds required by law for the City Manager.
(b) Subject to Section 12 of this Agreement, the cost to defend and indemnify Employee to the full extent of the law as provided by the California Government Claims Act (Government Code §810 et seq.), or otherwise. Notwithstanding the foregoing, City’s obligation to defend and indemnify Employee shall extend only to the entry of a final judgment by 9 the trial court, and shall not extend to providing defense or indemnity in connection with an appeal of the judgment, unless otherwise specifically provided by law. City will determine, in its sole discretion, whether to compromise and settle any such claim or suit against Employee and the amount of any settlement or judgment rendered thereon.
(c) Reasonable dues for Employee's membership in the International City Management Association (“ICMA”). The City will allow Employee reasonable time away from the City to participate in the annual conference of this organization. (d) Subject to budget approval, the cost of attending conferences or other events (i.e. retirement dinners, out-of-town meetings, professional seminars, etc.) necessary for the proper discharge of Employee’s duties. The City will not reimburse Employee for any expenses related to membership in service clubs.
12. Miscellaneous.
(a) Notices. Notices given under this Agreement shall be in writing and shall be:
(i) served personally; or
(ii) sent by facsimile (provided a hard copy is mailed within one (1) business day); or
(iii) delivered by first-class United States mail, certified, with postage prepaid and a return receipt requested; or
(iv) Sent by Federal Express, or some equivalent private overnight delivery service.
Notices shall be deemed received at the earlier of actual receipt or three (3) days following deposit in the United States mail, postage prepaid. Notices shall be directed to the 10 addresses shown below, provided that a party may change such party's address for notice by giving written notice to the other party in accordance with this subsection.
CITY:
City of Clayton
Attn: Mayor
6000 Heritage Trail
Clayton, CA 94517
Phone: (925) 673-7300
Fax: (925) 672-4917
EMPLOYEE: Bret Prebula
(Address in Employee’s Personnel File)
(b) Compliance with Government Code §§53243, 53243.1, & 53243.2.
If Employee is convicted of a crime involving an abuse of his office or position, all of the following shall apply:
(i) if Employee is provided with administrative leave pay pending an investigation, Employee shall be required to fully reimburse the City for such amounts paid;
(ii) if the City pays for the criminal legal defense of Employee (which would be in its sole discretion, as it is not generally required to pay for a criminal defense), Employee shall be required to fully reimburse City such amounts paid; and (iii) if this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City or void if not yet paid to Employee.
For this subsection, “abuse of office or position” means either (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority, or (2) a crime against public justice, including but not limited to a crime described in Title 7 (commencing with Section 92) of Part 1 of the Penal Code. 11 (c) Entire Agreement/Amendment. This Agreement constitutes the entire understanding and agreement between the parties as to those matters contained in it, and supersedes any and all prior or contemporaneous agreements, representations and understandings of the parties. This Agreement may be amended at any time by mutual agreement of the parties, but any such amendment must be in writing, dated, and signed by the parties and attached hereto. (d) Attorney's Fees. If any legal action or proceeding is brought to enforce or interpret this Agreement, each party shall bear their own fees, including such fees and costs as may be incurred in enforcing any judgment or order entered in any such action. (e) Severability. In the event any portion of this Agreement is declared void, such portion shall be severed from this Agreement and the remaining provisions shall remain in effect, unless the result of such severance would be to substantially alter this Agreement or the obligations of the parties, in which case this Agreement shall be immediately terminated. (f) Waiver. Any failure of a party to insist upon strict compliance with any term, undertaking, or condition of this Agreement shall not be deemed to be a waiver of such term, undertaking, or condition. To be effective, a waiver must be in writing, signed and dated by the parties.
(g) Representation by Counsel. The parties acknowledge and agree that they were, or had the opportunity to be, represented individually by legal counsel with respect to the matters that are the subject of this Agreement and that they are fully advised with respect to their respective rights and obligations resulting from signing this Agreement. (h) Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Employee and City agree that venue for any dispute shall be in Contra Costa County, California. 12 (i) Section Headings. The headings on each of the sections and subsections of this Agreement are for the convenience of the parties only and do not limit or expand the contents of any such section or subsection.
(j) No Assignment. Employee may not assign this Agreement in whole or in part.
Dated: CITY OF CLAYTON
By
Jeff Wan, Mayor
Dated: EMPLOYEE
Bret Prebula
Attest:
Janet Calderon, City Clerk
Approved as to Form:
Mala Subramanian, City Attorney
Agenda Item: 8(b)
AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Ron Bernal, Interim City Manager
DATE: April 18, 2023
SUBJECT: Resolution Adopting the City of Clayton’s Salary Schedule Effective April 18, 2023, in Conformance with the California Public Employees Retirement System (CalPERS) Requirements to
Provide a Publicly Available Salary Schedule
RECOMMENDATION
Staff recommends that the City Council adopt a Resolution adopting the City of Clayton’s Salary Schedule effective April 18, 2023, in conformance with CalPERS requirements to provide a publicly available salary schedule.
BACKGROUND
In order to confirm that CalPERS will appropriately consider the City of Clayton’s employee compensation earnable when calculating retirement benefits, the City Council is required to formally adopt the City of Clayton’s Salary Schedule in a public meeting. Further documents including pay rate and any special compensation must be made publicly available.
DISCUSSION
Staff is requesting that City Council formally adopt an updated City Employee Salary Schedule for Fiscal Year 2022/23. It reflects the classifications and salaries included in the Fiscal Year 2022/23 Budget, as well as the City Manager’s employment agreement. State law requires that the City Council at least annually approve the full salary schedule and that the City make it available publicly. Pending adoption by the City Council at tonight’s meeting, the revised Salary Schedule will be posted on the website effective April 19, 2023.
FISCAL IMPACTS
Any fiscal impacts associated with the change in salary schedule will be addressed in the Fiscal Year 2023/24 Budget.
Subject: Resolution Adopting the City of Clayton’s Salary Schedule Effective April 18, 2023, in Conformance with CalPERS Requirements to Provide a Publicly Available Salary Schedule Date: April 18, 2023
Page: 2 of 2
ATTACHMENTS
1. Resolution Adopting the City of Clayton’s Salary Schedule Effective April 18, 2023, in Conformance with CalPERS Requirements to Provide a Publicly Available Salary Schedule
2. Fiscal Year 2022/23 City Employee Salary Schedule (updated as of April 18, 2023)
RESOLUTION NO. -2023
A RESOLUTION ADOPTING THE CITY OF CLAYTON’S SALARY SCHEDULE EFFECTIVE APRIL 18, 2023, IN CONFORMANCE WITH CALPERS REQUIREMENTS
TO PROVIDE A PUBLICLY AVAILABLE SALARY SCHEDULE
THE CITY COUNCIL
City of Clayton, California
WHEREAS, the California Public Employees Retirement System (CalPERS) regulations require member agencies to formally adopt a publicly available pay schedule under Government Code Section 20636(b)(1) and California Code of Regulations (CCR) Section 570.5; and
WHEREAS, the City Council of the City of Clayton has the authority to implement these requirements; and
WHEREAS, the information contained in the salary schedule effective as of April 18, 2023 for Fiscal Year 2022/23 reflects approved employee contracts, memoranda of understanding with the City’s labor group and various City resolutions governing compensation; and
WHEREAS, CalPERS regulations require all of this information be included in one document.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Clayton hereby adopts the salary schedule effective April 18, 2023 for Fiscal Year 2022/23 as shown in Exhibit A.
PASSED, APPROVED AND ADOPTED ON by the City County of Clayton, California, at a regular public meeting thereof held on the 18th day of April 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
THE CITY COUNCIL OF CLAYTON, CA
_________________________________
Jeff Wan, Mayor
ATTEST
_________________________________
Janet Calderon, City Clerk
Elected / Appointed Officials All
Council Member $ 470
Planning Commissioner $ 120
Administration ABCDE
City Manager $ - $ - $ - $ - $ 19,000
Assistant to the City Manager $ 7,287 7,642$ 8,024$ $ 8,425 $ 8,846 City Clerk / HR Manager $ 6,446 6,769$ 7,107$ $ 7,463 $ 7,836 Finance ABCDE
Finance Manager $ 10,273 9,784 $ $ 10,787 $ 11,326 11,893$ Senior Accountant $ 6,764 7,102$ 7,457$ $ 7,830 $ 8,222 Accounting Technician $ 5,051 5,304$ 5,569$ $ 5,848 $ 6,140 Office Assistant / Code Enforcement Officer 4,206 $ 4,416$ 4,637$ $ 4,869 $ 5,112 Public Works ABCDE
Maintenance Supervisor $ 6,144 6,451$ 6,774$ $ 7,112 $ 7,468 Maintenance Senior $ 5,069 5,322$ 5,589$ $ 5,868 $ 6,161 Maintenance Worker I $ 4,196 4,406$ 4,626$ $ 4,857 $ 5,100 Maintenance Worker II $ 4,627 4,858$ 5,101$ $ 5,356 $ 5,624 Community Development ABCDE
Community Development Director $ 10,273 9,784 $ $ 10,787 $ 11,326 11,893$ Assistant Planner $ 6,314 6,630$ 6,961$ $ 7,309 $ 7,674 Police ABCDE
Chief of Police $ 10,616 $ 11,147 $ 11,734 $ 12,290 12,904$ Police Sergeant $ 7,528 7,904$ 8,299$ $ 8,714 $ 9,150
Police Officer $ 6,407 6,727$ 7,064$ $ 7,417 $ 7,788
Police Office Coordinator $ 4,752 4,990$ 5,239$ $ 5,501 $ 5,776 Police Admin Clerk $ 4,206 4,416$ 4,637$ $ 4,869 $ 5,112
1. 2.
3. 4.
5. 6.
7. City of Clayton - Employee Compensation Schedule
Fiscal Year 2022/23
Full-Time Equivalent Monthly Compensation
Step Level
Schedule incorporates base salary ranges reflecting a 3% increase as approved by the City Council on June 21, 2022 and effective through June 30, 2023.
Schedule incorporates base salary ranges as per the terms of the three (3) year Police Officers Association (POA) labor negotiation agreement effective through June 30, 2024 and presented to the City Council for approval at the regularly scheduled June 29, 2021 City Council meeting.
Schedule incorporates base salary ranges as per the terms of the City Manager contract effective April 18, 2023.
Uniform allowance for all sworn public safety officers: $600 bi-annually.
Bi-lingual pay based on eligibility: $75/month.
Car Allowance: Chief of Police $400/month; Community Development Director: $345/month; Assistant to City Manager:
$345/month; City Manager $400/month.
Senior Accountant position will be a temporoary one year contract for FY23.
Agenda Item: 8(c)
AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Police Chief Rich McEachin
City Engineer Larry Theis
DATE: April 18, 2023
SUBJECT: Receive the Report and Provide Feedback on the Traffic Speed Strategy ___________________________________________________________________________
RECOMMENDATION
Receive the report related to traffic enforcement operations and traffic engineering measures that are currently being practiced and proposed to be implemented and provide feedback to staff.
BACKGROUND
A common complaint in Clayton is vehicles traveling too fast, especially in residential neighborhoods. This is not unique to Clayton, as many communities struggle with similar and often difficult to address concerns.
Addressing the area of speeding can be broken into two strategies. The first is traffic enforcement, and the other is through traffic engineering and traffic calming measures.
There are several strategies cities may use to enforce speed limits and discourage speeding. These include, but are not limited to the use of radar enforcement; implementing traffic calming measures; designing streets in new developments to discourage speeding; and educating the public. In spite of these measures, the problem can persist if community members, who are the primary drivers in most Clayton residential neighborhoods, are not willing to slow down.
DISCUSSION
Traffic Law Enforcement: Clayton has not had an officer dedicated to traffic due to how its Police Department has been organized. Understanding that speeding in the community is one of the community’s biggest complaints and areas of concern, and in an effort to prioritize traffic enforcement, a new Traffic Safety officer assignment was created in early March. The individual assigned to this area is being taken from the Department’s existing pool of patrol officers. As we approach implementation of this strategy in May, there are several measures that are being implemented to ensure the success of the program.
Subject: Receive the Report and Provide Feedback on the Traffic Speed Strategy Date: April 18, 2023
Page: 2 of 3
The primary function of this officer will be to enforce traffic laws in an effort to educate the motoring public and reduce speeds. In addition to speeding, all moving violations will be addressed. In addition, the traffic officer will deploy the police decoy vehicle and the radar trailers in an effort to maximize our visibility.
The Clayton Police Department has had a motorcycle for several years. The motorcycle is deployed for special events and, on occasion, for traffic enforcement. The person assigned to the traffic officer role will receive training and certification to operate our newly purchased Zero electric motorcycle.
In addition to the traffic officer, the sergeant assigned to traffic (not a full-time function of the sergeant) will also be out on a second Zero electric motorcycle enforcing traffic. This will allow for the sergeant and the officer to target problem areas separately or together. Having officers dedicated to this effort should result in much better enforcement than we are currently experiencing.
Traffic Engineering: Traffic calming measures may be an appropriate and effective vehicular speed reduction tool when used in the right circumstances. It is important to identify the locations and the person(s) who have concerns with the speeding vehicles, since the appropriate measure to be implemented would be different if it is a pedestrian, bicyclist, fronting property owner, or another driver. The City of Clayton has a Neighborhood Traffic Management Program (NTMP) that was approved in 2003 (Attachment 1). This program is focused on speeding issues in residential neighborhoods where there are fronting property owners. It outlines a petition and survey process that engages with the households in the affected area.
In general, it would be suggested to approach these matters in a progressive manner starting with the lowest cost and least intrusive measures first to see if speeding is curtailed before implementing physical devices.
1. Education and Outreach to the neighborhood
2. Temporary placement of Radar Speed Feedback Trailers
3. Targeted Traffic Citation Enforcement by the Police Department
4. Installation of additional signage and striping
5. Installation of physical devices such as permanent speed feedback signs, speed humps/tables, adding curb islands/narrowing of roadway width, artificially adding curves to straightaway segments, and adding sidewalks/bikeways when needed.
For speeding concerns along arterial roads such as Clayton Road, Oakhurst Drive, or Marsh Creek Road, speed enforcement would be the least expensive effective measure to reduce vehicular speeds. However, to be most effective, it is recognized that enforcement would be best deployed to target peak traffic periods to maximize effectiveness. For other collector roads such as Mountaire Parkway, Mitchell Canyon Road, Pine Hollow Road, El Molino Drive, Keller Ridge Drive, Eagle Peak Avenue, and Peacock Creek Drive, a combination of speed enforcement and specific traffic engineering devices could be considered at select locations.
Subject: Receive the Report and Provide Feedback on the Traffic Speed Strategy Date: April 18, 2023
Page: 3 of 3
Since the City of Clayton is a general law city, it abides by the California Vehicle Code (CVC). CVC Section 22352 establishes a prima facie (“default”) speed limit of 25 miles per hour (mph) for business and residential districts. Wider and higher volume streets such as collector or arterial roads require an engineering and traffic survey pursuant to CVC Section 22357 to establish speed limits between 30 to 65 mph that would be most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. Generally, traffic surveys are valid for up to 10 years if there have not been any significant changes to the roadway geometrics such as adding travel lanes. As of January 1, 2023, the validity of the survey can now be extended up to 14 years. However, without a valid speed zone survey for each street that is not governed by a prima facie speed limit, radar enforcement of speed limits is deemed unenforceable.
In September 2022, the State Legislature passed Assembly Bill 1938, which became effective January 1, 2023; was incorporated in part into CVC Section 22358.8; and made significant changes to setting speed limits. The amended statute provides that:
If local authority, after completing an engineering and traffic survey, finds that the speed limit is still more than is reasonable or safe, the local authority may, by ordinance, retain the currently adopted speed limit or restore the immediately prior adopted speed limit if that speed limit was established with an engineering and traffic survey and if a registered engineer has evaluated the section of highway and determined that no additional general purpose lanes have been added to the roadway since completion of the traffic survey that established that speed limit.
Staff plans to perform a comprehensive update to the citywide speed surveys and return to the City Council to confirm by ordinance the existing speed limits under this latest amendment to the CVC.
FISCAL IMPACTS
The traffic officer was selected from current Police Department staff, so there is no personnel cost associated with this assignment. The second motorcycle to the Department’s fleet was recently approved by City Council and purchased for $7,500. The motorcycle training course through the Alameda County Sheriff’s Office costs $1,511. Equipment for the officer will cost approximately $500.
ATTACHMENTS
Clayton Neighborhood Traffic Management Program - 2003
Agenda Item: 8(d)
AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Ron Bernal, Interim City Manager
DATE: April 18, 2023
SUBJECT: Approve Funding Appropriation for American Rescue Plan Act (ARPA) Funds for Efficiency Measures and Asset Replacement and Acquisition ___________________________________________________________________________
RECOMMENDATION
It is recommended the City Council approve one-time appropriation of ARPA funds for specific efficiency measures and asset replacement and acquisition, and discuss and provide direction to staff on programming for expenditure of remaining ARPA funds.
BACKGROUND
At their April 4, 2023 meeting, the City Council discussed potential uses for ARPA funds as it related to requests from City departments for items that would improve efficiency, replace assets that are near or at the end of their useful life and acquire new assets. The discussion concluded without City Council taking action.
This item is being brought back at the request of the Mayor to provide another opportunity for the City Council to authorize funding of certain items that were identified to enhance community and City employee safety, and for which staff has obtained more precise cost estimates.
In March 2021, the Federal Government passed the American Rescue Plan Act (ARPA), which had total funding of $1.9 trillion. These monies included $350 billion in funding to States, Localities, and Tribal Governments. This program is separate from Federal grants targeting both institutions and businesses that were impacted by the COVID-19 Pandemic.
The City of Clayton is expected to receive a total of $2,934,049 in two installments of approximately $1,467,025 each.
As of March 29, 2023, $1,466,597 of the City’s ARPA allocation remains. Previous revenues and expenditures are summarized in the table below:
Subject: Approve Funding Appropriation for ARPA Funds for Efficiency Measures and Asset Replacement and Acquisition
Date: April 18, 2023
Page: 2 of 3
2 General Operating Fund
Revenue 1st ARPA Received on July 1, 2021 $1,467,024
Total Revenue FYE 21/22 $1,467,024
Expenditure Professional services $41,744
Office Supplies (COVID testkits) $3,251
DocuSign part of Clayton Cares $432
Clayton Cares $800,000
Hero Pay $247,082
IT Expenses $42,052
Street Lighting $20,403
Fund 502 CERF for Police Vehicle Replacement $70,000
Transfer to General Fund $37,139
Total Expenditure $1,262,103
Net Ending Balance as of FYE 21/22 $204,921
Proposed Expenditures in FY23 (allocation)
Full time Senior Accountant limited one year term $135,348 Software and Services to Digitize Records $35,000
City Council Recommended Organizational
Assessments $35,000
Subtotal $205,348
Revenue 2nd ARPA received on July 1, 2022 $1,467,024
Net Balance as of FYE 22/23 $1,466,597
DISCUSSION
As part of the Goal Setting Special City Council Meeting on the March 13, 2023, and again at the April 4, 2023, Regular Meeting, staff from each department presented their department’s list of priorities and the estimated cost to fund each item in their lists. The staff considered the use of ARPA funds to improve efficiency and add tools, technology and equipment to enhance City business operations. The attachment to that April 4 staff report has been updated with additional explanation and cost estimates for certain safety-related items that were identified in the prior list. These items are highlighted in blue in Attachment
1. The Council is also asked to provide direction on programming for remaining ARPA funds, including whether certain items should be removed from the department request list and not researched further by staff at this time.
This agenda item does not consider the potential to use ARPA funds for the Climatec Comprehensive Infrastructure Renewal and General Fund Savings Program or the Clayton Cares program.
Subject: Approve Funding Appropriation for ARPA Funds for Efficiency Measures and Asset Replacement and Acquisition
Date: April 18, 2023
Page: 3 of 3
3 FISCAL IMPACTS
Depending on the items the City Council wishes to fund, the ARPA Fund 111 balance will be reduced. There is currently $1,466,597 available in the account. The items identified for funding in this report would cost $126,490 and reduce the ARPA fund balance to $1,340,107.
ATTACHMENT
ARPA Fund Appropriation – Department Request List
Attachment 1
Department Funding Items Description Benefit
1 Permit management software (estimated set-up
cost $12,000; annually $10,000 thereafter)
Implement permit processing enhancements to improve efficiency, consistency and reliability in permit processing
$ 12,000
2 Establishment of GIS funded by grants; ongoing
licensing for GIS plus City Engineer
Implement geographic information system [GIS] for City land use and infrastructure, facilities replacements and installations, and asset management
$ 50,000 Additional
$10,000
annually
Community Development Total: $ 62,000
1 Financial consulting fees Develop strategies and modeling that incorporate the City's liabilities and assets over the next 10-20 years
$ 8,000
2 Building interactive public portal on the City's
website, with database
Build self-service portal and database within the City's website for Business license and Rental Facilities module including the capacity to accept on-demand online payment
$ 20,000
3 Strengthen network capabilities This initiative shall implement network capabilities and evaluate opportunities to increase public access to network infrastructure throughout the system
$ 25,000
Finance Department Total : $ 53,000
1 Ditch Witch vacuum trailer Crews can clean storm drains and dig around pipes more efficiently while reducing possibility of worker injuries $ 100,600
2 2 F250 Utility body trucks Replace existing 1998 and 1999 service trucks $ 130,000 3 2 Rain Master DXI controllers for CCP Accomplished through Climatec project if approved $ 50,000 4 2 Flow meters for CCP Accomplished through Climatec project if approved $ 2,000 5 2 Master valves for CCP Accomplished through Climatec project if approved $ 3,000 6 Rain Master DXI for Stranahan Park Allow staff to communicate with controller via central system $ 20,000 7 New Toro Turf Master Mower 6000 series Replace existing mower $ 100,000 8 Flat Bed trailer Allow staff to move mini excavator and skid steer tractor and eliminates need for backup vehicle
$ 10,000
Public Works Total: $ 415,600
Community Development
Department
Amount
Public Works
Finance Department
1 of 4
Attachment 1
Department Funding Items Description Benefit Amount
Engineering Department 1 GIS asset management system, with using latest technology of Google Streetview type
data collection for storm drain inlets, signs, etc.
Engineering Department Total:
1 Video surveillance system at City Hall/PD This will provide security and monitoring of the entrances to the building, as well as the area where the on-duty patrol cars are parked. Five cameras would provide coverage at the main entrance to the building, both side entrances, the police department lobby, and the area where the on-duty police vehicles park near the side entrance. The monitor would be mounted near the front desk where it can be monitored as needed. Cost includes equipment and installation.
$ 7,820
2 Tattle-Tale traffic signal lights for 6
intersections
Tattletale lights are used in many jurisdictions and assist officers monitoring traffic signals. They are blue lights that are mounted on the back of traffic signals so that officers can see when the traffic light that is not visible from their vantage point turns red. While the traffic signal is red, the blue light to the rear is illuminated. When the traffic signal turns green, the blue light turns off. Because it is mounted to the rear of the light, traffic approaching the intersection in the direction of the traffic lights cannot see it, so it does not confuse drivers on what color the traffic signal currently is. These lights are used by many municipalities. They will assist our officers while working enforcement for red light runners.
The cost of these are $105 each, plus $340 per light for installation. Six lights are initially proposed at various traffic signals in town that are difficult to monitor from a position where the red/yellow/green lights are visible.
$ 2,670
3 A New Patrol Vehicle New fully outfitted Ford Explorer to replace vehicle at end of useful life
$ 85,000
Police Department
Refer to CDD item 2,
above.
2 of 4
Attachment 1
Department Funding Items Description Benefit Amount
4 Dash cameras with License Plate Reader
technology for 8 cars
We currently have the second generation dash camera from Axon, which video records the road in front of the patrol car, as well as the back seat of the car where arrestees are placed during transport. The third generation cameras also have License Plate Reader technology, so as the patrol car drives around, it is scanning plates of all vehicles that it passes. This can detect stolen vehicles, but can also log where vehicles have historically been located in the event that we are looking for a particular vehicle.
$ 100,000
5 Install automated entry points at all entrances
to the building
This would allow us to more closely monitor who gains access to the building, and also allows us to disable someone’s access when they should not have access to the building, such as individuals who have left City employment.
$ 10,000
6 Drone program Many Law Enforcement agencies throughout the country have turned to drone technology as another tool for solving crime and providing rescue operations. A drone can be used to search for outstanding suspects where it may be unsafe for an officer to enter, such as backyards, houses, and bushes. It can also be used to search for a lost child or adult. Drones can be used for aerial photographs of crime or traffic collision scenes, and to assess damage in areas that are not safe to enter. The cost listed is for the drone and the training needed to operate it. $ 20,000
7 Create turn-outs for bus stops along Clayton Rd
- 6 total
There are 6 bus stops along Clayton Rd that do not have turn-outs, meaning that the bus must stop in the right hand lane of traffic to pick up passengers. This creates traffic hazards because cars must either stop behind the bus while it is stopped, or try to change lanes to go around the bus.
$ 1,500,000
Police Department Total: $ 1,725,490
1 Agenda Management System $ 19,730
2 File Cabinet System, 1st Floor This will replace the broken filing cabinets that are currently used to store Planning, City Clerk, Finance, and Personnel Records.
The Personnel Records require a locking fire-proof cabinet. $ 26,500
3 Chairs at Hoyer Hall for Elected Officials and
Staff
The current chairs are broken and uncomfortable. $ 4,300 4 DocuSign for 500 envelopes Digital Signature $ 2,400
City Clerk/HR Manager
3 of 4
Attachment 1
Department Funding Items Description Benefit Amount
5 Dropbox Sign for up to 4 users inclduding
unlimited signing
Digital Signature $ 600
6 Hire Facility Person to attedn CC/PC meeting to
assita with room temperature, notify A/V person
of sound issues or issues with the montiores
during the meeting.
Could be staffed by someone in Maintenance (on overtime) or volunteer - $100 per meeting
City Cerk/HR Manager Total: $ 53,530
1 Salary Survey Establish competitive compensation structure $ 20,000 2 City Hall pool vehicle (preferably electric) Eliminates need for employees to utilize personal vehicles $ 40,000 3 PR and Marketing Firm Create a platform to highlight and publicize positive aspects of $ 50,000 annually 4 Citywide GIS/Asset Management
5 Replace generator at City Hall Existing diesel generator has limitations for essential facility $ 250,000 6 New Irrigation system at Clayton Community
Park
Existing system breaks frequently causing costly water leaks and disruption to planned activities
$ 1,000,000
7 Keller House Restoration Create unique venue for special events $ 5,000,000 City Manager Total: $ 6,360,000
TOTAL $ 8,669,620
City Manager
Refer to CDD item 2,
above.
4 of 4
Agenda Item: 8(e)
AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Ron Bernal, Interim City Manager
DATE: April 18, 2023
SUBJECT: Provide Direction on whether to Appropriate Additional American Rescue Plan Act (ARPA) Funds for the Local Assistance Program (Clayton Cares) and whether to Modify the Amount Allowed per Grant Recipient ___________________________________________________________________________
RECOMMENDATION
Provide direction on whether the City Council desires to appropriate additional ARPA funds for the local assistance program (Clayton Cares) and whether to modify the amount allowed per grant recipient.
BACKGROUND
At their April 4, 2023 meeting, the City Council discussed potential uses for ARPA funds as it related to requests from City departments for items that would improve efficiency, replace assets that are near or at the end of their useful life and acquire new assets. At that meeting, the public requested the City Council appropriate additional ARPA funds for the local assistance program (Clayton Cares). This item is brought at the request of the Mayor to address the request.
In March 2021, the Federal Government passed the American Rescue Plan Act (ARPA), which had total funding of $1.9 trillion. These monies included $350 billion in funding to States, Localities, and Tribal Governments. This program is separate from Federal grants targeting both institutions and businesses that were impacted by the COVID-19 Pandemic.
The City of Clayton is expected to receive a total of $2,934,049 in two installments of approximately $1,467,025 each.
As of March 29, 2023, $1,466,597 of the City’s ARPA allocation remains. Previous revenues and expenditures are summarized in the table below:
Subject:
Date:
Page:
Provide Direction on whether to Appropriate Additional American Rescue Plan Act (ARPA) Funds for the Local Assistance Program (Clayton Cares) and whether to Modify the Amount Allowed per Grant Recipient
April 18, 2023
2 of 2
2 General Operating Fund
Revenue 1st ARPA Received on July 1, 2021 $1,467,024
Total Revenue FYE 21/22 $1,467,024
Expenditure Professional services $41,744
Office Supplies (COVID testkits) $3,251
DocuSign part of Clayton Cares $432
Clayton Cares $800,000
Hero Pay $247,082
IT Expenses $42,052
Street Lighting $20,403
Fund 502 CERF for Police Vehicle Replacement $70,000
Transfer to General Fund $37,139
Total Expenditure $1,262,103
Net Ending Balance as of FYE 21/22 $204,921
Proposed Expenditures in FY23 (allocation)
Full time Senior Accountant limited one year term $135,348 Software and Services to Digitize Records $35,000
City Council Recommended Organizational
Assessments $35,000
Subtotal $205,348
Revenue 2nd ARPA received on July 1, 2022 $1,467,024
Net Balance as of FYE 22/23 $1,466,597
DISCUSSION
The Clayton Cares program was originally allocated $800,000 in ARPA funds. To date, all allocated funds have been spent. The Council is asked to provide direction on whether to appropriate additional ARPA funds for the Clayton Cares program and to provide direction on whether to modify the amount allowed per grant recipient.
FISCAL IMPACTS
Depending on the items the City Council wishes to fund from the previous agenda item, the ARPA Fund 111 balance will be reduced. There is currently $1,466,597 available in the account.