_____________________________________________________________________________________________ City Council and GHAD Board Agenda November 7, 2023 Page 1
AGENDA
REGULAR MEETING
* * *
CLAYTON CITY COUNCIL
and
OAKHURST GEOLOGICAL HAZARD ABATEMENT
DISTRICT (GHAD) BOARD OF DIRECTORS
* * *
Tuesday, November 7, 2023
6:00 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.
Jeff Wan, Mayor/GHAD Board Member
Jim Diaz, Vice Mayor/GHAD Board Member
Peter Cloven, Councilmember/GHAD Board Vice Chair
Holly Tillman, Councilmember/GHAD Board Member
Kim Trupiano, Councilmember/GHAD Board Chair
• 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 or GHAD Board 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. _____________________________________________________________________________________________ City Council and GHAD Board Agenda November 7, 2023 Page 2 Instructions for Virtual City Council and GHAD Board Meeting – November 7, 2023 The public may attend tonight’s meeting in-person or remotely via livestream on the City’s website and through 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.
Unless required by the Brown Act, the meeting will continue despite technical difficulties for participants using the teleconferencing option.
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.
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 Executive Assistant to the City Manager/HR Manager, Amy Walcker at [email protected] by 5:00 p.m. on the day of the City Council/Board meeting. All e-mailed public comments will be forwarded to the entire City Council/Board.
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 Mayor or Board Chair.
_____________________________________________________________________________________________ City Council Agenda November 7, 2023 Page 3
CITY COUNCIL
November 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. RECESS THE CITY COUNCIL MEETING – Mayor Wan.
Recess the City Council Meeting to the Oakhurst Geological Hazard Abatement District Board Meeting.
5. RECONVENE THE CITY COUNCIL MEETING – Mayor Wan.
Reconvene the City Council Meeting (after adjournment of the Oakhurst Geological Hazard Abatement District Board Meeting or 7:00 p.m., whichever is later).
6. 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 Regular Meeting of October 17, 2023 (Executive Assistant to the City Manager/HR Manager) (View) b. Resolution Appointing CalPERS Retired Annuitant Sheri Hartz to the Position of “Extra Help” and Approval of Employment Contract Pursuant to California Government Code Section 21224 (Executive Assistant to the City Manager/HR Manager) (View)
_____________________________________________________________________________________________ City Council Agenda November 7, 2023 Page 4
7. RECOGNITIONS AND PRESENTATIONS
a. Information Only – No action requested.
• Dutch-American Heritage Day – November 16
• Native American Heritage Month
8. REPORTS
a. City Manager / Staff
• Link to ClearGov Transparency Portal:
https://cleargov.com/california/contra-costa/city/clayton/checkbook
9. PUBLIC HEARINGS
None
10. ACTION ITEMS
a. Consider Additional Scope of Work for Downtown Pedestrian Improvements Project to add Crosswalk Enhancement across Center Street at Morris Street (City Engineer) (View)
b. Consider Whether to Continue Use of Hybrid Meetings for City Council, Planning Commission, and Budget/Audit Committee Meetings (City Manager) (View)
c. Approval of the City Sponsored Special Events Policy (City Manager) (View)
11. COUNCIL ITEMS – Limited to Council requests and directives for future meetings.
12. COUNCIL REPORTS
a. City Council - Reports from Council liaisons to Regional Committees, Commissions and Boards.
13. CLOSED SESSION
a. Public Employee Performance Evaluation
Government Code section 54957
Title: City Manager
14. ADJOURNMENT
The next regularly scheduled meeting of the City Council will be November 21, 2023.
_____________________________________________________________________________________________ GHAD Board Agenda November 7, 2023 Page 5
OAKHURST GEOLOGICAL HAZARD ABATEMENT DISTRICT
BOARD OF DIRECTORS
November 7, 2023
1. CALL TO ORDER AND ROLL CALL – Chair Trupiano.
2. PUBLIC COMMENT ON NON - AGENDA ITEMS
Members of the public may address the District Board members on items within the Board’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 Chair’s discretion. In accordance with State Law, no action may take place on any item not appearing on the posted agenda. The Board may respond to statements made or questions asked or may at its discretion request Staff to report back at a future meeting concerning the matter.
Public comment and input on Public Hearing, Action Items and other Agenda Items will be allowed when each item is considered by the Board.
3. CONSENT CALENDAR
Consent Calendar items are typically routine in nature and are considered for approval by one single motion of the Board. Members of the Board, 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 Chair.
None
4. PUBLIC HEARINGS
None
5. ACTION ITEMS
a. Provide Update to Board on Budget Items for Pursuing a Future Assessment Increase on Property Owners within the GHAD (General Manager) (View)
6. BOARD ITEMS – Limited to Board members’ requests and directives for future meetings.
7. ADJOURNMENT
The next meeting of the GHAD Board of Directors will be scheduled as needed.
City Council Minutes October 17, 2023 Page 1
(Back to Agenda)
City Council Agenda Item 6.a
MINUTES
OF THE REGULAR MEETING
CLAYTON CITY COUNCIL
TUESDAY, October 17, 2023
1. CALL TO ORDER AND ROLL CALL – 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: City Manager Bret Prebula, City Attorney Mala Subramanian, Executive Assistant to the City Manager/HR Manager Amy Walcker, Finance Director Prapti Aryal, Community Development Director Dana Ayers, City Engineer Larry Theis, and Police Chief Rich McEachin.
2. PLEDGE OF ALLEGIANCE – Led by Mayor Wan.
5. RECOGNITIONS AND PRESENTATIONS
a. Certificates of Recognition to Public School Students for Exemplifying the “Do the Right Thing” Character Trait of “Responsibility” during the Month of October 2023 Councilmember Cloven summarized the character recognition program and introduced Principal Sara Harris who introduced teacher Deborah Huaco. Recognized were: Jemma Rios and Carli Burkhardt for Doing the Right Thing at Mt. Diablo Elementary School by exemplifying great “Responsibility.” Principal Vicki Wilson recognized Nikolett Pandelis, Alexis Schmidt, and Brayden Farley for “Doing the Right Thing” at Diablo View Middle School by exemplifying great “Responsibility.”
3. PUBLIC COMMENT ON NON - AGENDA ITEMS
Keith Haydon thanked the City Council for selecting City Manager Bret Prebula, thanked him for the good job he is doing, and urged the City Council to open the City Manager’s upcoming performance evaluation to comments from the public.
Mads Wallin supports a 6-month review of the City Manager, allowing the public to provide input, and he thanked Mr. Prebula for openness and presenting the facts without politics.
C.W. Wolfe, President, Clayton Business and Community Association (CBCA) reported:
• CBCA approved a $1,000 donation to the Clayton Valley Garden Club for Blossoms for Barbara effort;
• Received plethora of requests and on track to reinvest $175,000 back to the community; • Obtained permits for Art & Wine Festival in April and Oktoberfest, and will be holding a BBQ & Brews Festival at Oakhurst Country Club in June;
• Accepted invitation to meet with Mayor and Ad-Hoc Committee regarding new special events fees, requested City Manager attend, and looked forward to renewed partnership;
• Along with Clayton Community Church, sponsoring a Trunk or Treat on October 28th.
Scott Denslow expressed appreciation for the Do the Right Thing celebrations, supports the City Manager in creating stability in the community going forward, and encouraged harmony and happiness.
City Council Minutes October 17, 2023 Page 2
Roy Correa thanked Mayor Wan and the City Council for doing a good job, commented about the tenor of meetings, and said a majority of Council voted on the CBCA agreement. .
Tamara Steiner stated that The Concord Clayton Pioneer News is joining in the Trunk or Treat event with a Woof-O-Ween dog costume contest on October 28th, 4:00 – 6:00 p.m.
Terri Denslow commented about staff turnover since 2019, said the community supports the City Manager, and asked that the community be allowed to provide input on his performance evaluation.
Debra Geller thanked the City Manager for the newsletter.
Howard Geller reminded the City Councilmembers their job is to give direction to staff for them to run the City on a daily basis, and he emphasized the CBCA has never skirted any fees or costs and should be thanked for providing parks and recreation services without being paid.
Mayor Wan closed public comments.
4. CONSENT CALENDAR
There were no public comments on the Consent Calendar.
It was moved by Councilmember Cloven and seconded by Councilmember Trupiano to approve Consent Calendar items 4(a) - 4(c) as submitted. (Passed 5-0). a. Approved the Minutes of the City Council Regular Meeting of September 19, 2023. b. Approved the Minutes of the City Council Regular Meeting of October 3, 2023. c. Approved by Minute Order: 1) Amendment No. 2 to the Professional Services Agreement with Precision Civil Engineering for Preparation of PreReviewed Accessory Dwelling Unit (ADU) Plans and an ADU Guidebook, to Increase the Amount Paid for Services to $70,000; and 2) Appropriation of an Additional $5,000 in Reimbursable Funds from Senate Bill 2 Planning Grants Program to the Project.
5. RECOGNITIONS AND PRESENTATIONS
b. Contra Costa County Supervisor Ken Carlson to Provide an Update on Activities Countywide
City Manager Bret Prebula introduced Supervisor Ken Carlson. Supervisor Carlson presented a slide deck including information about his background, current Committees, regional Boards and Commissions, Contra Costa County, District IV, County departments and services, County Supervisor duties, accomplishments, homelessness and housing, Measure X – County half-cent sales tax; General Plan; around the County; and recognized staff Alejandra Sanchez.
6. REPORTS
a. City Manager Bret Prebula reported the City has received numerous public record requests regarding The Olivia on Marsh Creek project, so he introduced A. J. Kennedy, on-site engineer, to provide a project update. Mr. Kennedy shared his process:
City Council Minutes October 17, 2023 Page 3
• Following weekend tree removal, Mr. Jordan was notified that no weekend tree removal is allowed.
• The storm water pollution prevention plan has been amended and is in compliance. • Buildings with lead will be dismantled in accordance with best management practices.
• One more tree will be removed, and the remaining trees will be protected. • Seven soil borings revealed no contamination but additional requirements of hydroseeding, storm water erosion control, and sediment control were added and completed.
7. PUBLIC HEARINGS – None
8. ACTION ITEMS
a. Introduced and Discussed the Draft City of Clayton Local Roadway Safety Plan Prepared by Kittelson and Associates
City Engineer Larry Theis introduced the item and Grace Carsky, Kittelson & Associates.
Ms. Carsky presented a slide deck about the Local Roadway Safety Plan including safety analysis, vision & goals, existing conditions, community outreach, countermeasures and strategies, and evaluation and implementation.
Following Council questions, Mayor Wan opened public comments.
Howard Geller said stop signs are needed at the corner of Mountaire Parkway and Mt.
Duncan.
Mayor Wan closed public comments.
Councilmember Tillman asked that the area downtown by Grove Park on Center Street and crosswalk at Morris Street be reviewed for safety improvements and not make improvements more confusing.
b. Approve the Service Agreement with Granicus 311
Amy Walcker, Executive Assistant to the City Manager/HR Manager, introduced Mike Schultz from Granicus. Mr. Schultz presented a slide deck on a platform for communication and service requests with residents.
Following Council questions, Mayor Wan opened the public hearing. There were no public comments.
Following Council discussion, Councilmember Tillman moved and Councilmember Cloven seconded to authorize staff to execute a contract with Granicus for the 311 system at a total cost of $47,507.74 for implementation and 36 months of services, with the understanding that only the first year of services will be paid for initially, and the source of funding will be determined in subsequent years (Passed 5-0).
Council recessed briefly at 9:13 p.m. and reconvened at 9:18 p.m.
City Council Minutes October 17, 2023 Page 4
c. Adopt a Resolution (Traffic Order #2) to Authorize Installation of Stop Signs on N. El Camino Drive at Southbrook Drive to be an All Way Stop Controlled Intersection and Approve Signing and Striping Plan Prepared by the City Engineer (City Engineer) City Engineer Larry Theis gave the staff report.
Following Council questions, Mayor Wan opened the item for public comments. There were no public comments.
It was moved by Councilmember Cloven and seconded by Councilmember Tillman to adopt Resolution 52-2023 authorizing installing all-way stop signs at the intersection of N. El Camino Drive and Southbrook Drive and to approve the signing and striping plan prepared by the City Engineer (Passed 5-0). d. Approval of the City Sponsored Special Events Policy and Identification of the List of City Sponsored Special Events
City Manager Bret Prebula stated the original purpose of the City Sponsored Special Events Policy and list of City Sponsored Special Events was to develop a system that freed the City Council from primary responsibility of special events and allow staff to obtain bids for special events due to lack of staffing. Mr. Prebula expressed concern about limited staff resources and the establishment of a new Special Events Subcommittee that would be subject to the Brown Act and would require additional staff time to support.
Following Council questions, Mayor Wan opened public comments.
Ed Miller commented on the revisions of the City Sponsored Special Events Policy switching operational responsibility from staff to the Subcommittee, and the burden on residents of attending additional meetings.
Ed Hartley said the policy muddies already cloudy water, there is a possibility of not holding certain desired events, questioned waiver of costs, and RFPs.
Keith Haydon remarked the policy was intended to standardize the process for special events regarding staff, volunteers, and funding; and he recommended listening to staff to minimize the burden on them.
Debra Geller emphasized the City Council hired a good City Manager, and the policy proposes a Council Subcommittee take over operational responsibility.
Howard Geller discussed the Concerts in The Grove process, which needed time and expertise.
A.J. Chippero shared his previous marketing of the Concerts in The Grove and criticized the marketing of the latest season.
Terri Denslow mentioned special events have been privately funded; she is concerned about a Subcommittee providing oversight instead of the City Manager, allowing the Council to address policy and structural issues instead of being event organizers and playing political games.
Scott Denslow, stated the policy places additional burden on staff; it is harder for residents to participate; and there is an exclusionary theme to policies.
City Council Minutes October 17, 2023 Page 5
Mayor Wan closed public comments.
Vice Mayor Diaz stressed the action item is the policy, and an operational manual for the Concerts has been developed. Mayor Wan summarized the policy establishes the Subcommittee, allows ability for Subcommittee oversight, sets up how the City wants to establish procedures over the events, and should not include operations. Councilmember Trupiano conveyed the ledger does account for City costs, and she asked the City Manager for his input. Councilmember Tillman proposed keeping everything status quo and allow the City Manager to proceed as indicated without a Subcommittee.
Councilmember Cloven disagreed with revised policy and objected to formation of a Subcommittee.
By consensus, Council tabled the City Sponsored Special Events Policy, agreed on the List of City Sponsored Special Events being: 1) Concerts in the Grove, 2) 4th of July Parade, 3) Clayton Classic Car Show, and 4) Clayton 60th Anniversary (one-time event); and directed the City Manager to proceed with Requests for Proposals.
City Attorney Subramanian reminded the City Council of the policy to obtain unanimous consensus to begin discussion of any new items after 11:00 p.m. City Manager Prebula offered the closed session item could be continued to November 7, 2023.
By unanimous consensus, the Council agreed to finish the remainder of the meeting.
9. COUNCIL ITEMS
Councilmember Tillman reiterated her request for a future agenda item for a 360-degree review of Council by staff, to discuss the City Attorney conducting an investigation if Council is overstepping their bounds, and possible censure.
Councilmember Trupiano expressed concern about 17 openings at Diamond Terrace and impact on seniors; and requested a Concerts in The Grove Committee meeting in early November.
10. COUNCIL REPORTS
a. City Council - Reports from Council liaisons to Regional Committees, Commissions and Boards.
Councilmember Cloven reported on the following attendance and meetings: Along with Councilmember Tillman, met with Mt. Diablo Elementary School staff about Do the Right Thing character traits; Clayton Pride Board as Co-Treasurer; Transportation Partnership & Cooperation (TRANSPAC); and Friday night bocce ball.
Councilmember Tillman reported on the following attendance and meetings: Along with Councilmember Cloven, met with Mt. Diablo Elementary School staff about Do the Right Thing initiative; Attended Anti-Bias and Anti-Racist meeting with the Mt. Diablo Unified School District; Mayor’s Conference; Clayton Pride Board meetings as Chair; Introduced City Manager to Clayton Valley Women’s Club; Walk and lunch with City staff; Visited Supervisor Carlson’s new office in Pleasant Hill; Pittsburg Kiwanis Annual Gala; Opportunity Junction donor and friends event; Jewish Community Peace & Unity Rally in Brentwood; Fundraiser for Scales-Preston for District Supervisor; North Gate High School commemoration of Harvey Milk; Meetings with the City Manager; Community discussions regarding fire wise; City Council Minutes October 17, 2023 Page 6
Announced Town Hall meeting on November 13th at 6:00 p.m.; and Announced Grand opening for Roadside 22 at Clayton Station.
Vice Mayor Diaz reported on the following attendance and meetings: Mayor’s Conference; Fleet Week; MTCA Board, Supervisor Ken Carlson Open House, Karen Ann Mangini memorial concert; Police Department; and City Manager.
Councilmember Trupiano reported on the following attendance and meetings: Clayton Valley Village annual dinner and will be attending upcoming Board retreat; City Manager; Clayton Community Library Foundation Board President and announced upcoming book sale for members on October 27 and for the public on October 28-29.
Mayor Wan reported on the following attendance and meetings: Mayor’s Conference; and Communications with residents.
11. CLOSED SESSION
a. Conference with Labor Negotiators (Gov. Code section 54957.6) Agency Designated Representative: Bret Prebula, City Manager Employee Organization: Clayton Police Officers Association There were no public comments.
The Council recessed to closed session at 11:25 p.m. for the purpose stated above.
Upon returning from closed session at 12:07 a.m., October 18, 2023, there was no reportable action.
12. ADJOURNMENT – On call by Mayor Wan, the City Council adjourned its meeting at 12:07 a.m., October 18, 2023.
# # # # #
Respectfully submitted,
________________________________
Amy Walcker, Executive Assistant to the
City Manager/HR Manager
APPROVED BY THE CLAYTON CITY COUNCIL
___________________________________
Jeff Wan, Mayor
(Back to Agenda)
City Council Agenda Item 6.b Page 1 of 2 November 7, 2023 City Council Agenda Item 6.b
STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Amy Walcker, Executive Assistant to City Manager/HR Manager DATE: November 7, 2023
SUBJECT: Resolution Appointing CalPERS Retired Annuitant Sheri Hartz to the Position of “Extra Help” and Approval of Employment Contract Pursuant to California Government Code Section 21224
RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution appointing CalPERS retired annuitant Sheri Hartz to the position of Extra Help and approving an employment contract pursuant to California Government Code Section 21224.
BACKGROUND
The City currently has a vacancy for the City Clerk position and is actively seeking a full-time permanent employee to fill the vacant position. To ensure continuity of clerk duties during City Council meetings as well as the production of agenda packets and meeting minutes, the services of a professional City Clerk are needed. Sheri Hartz is a retired Master Municipal Clerk with extensive expertise in all aspects of professional clerk responsibilities.
DISCUSSION
The Public Employees’ Retirement Law (PERL) generally prohibits CalPERS employers from hiring retirees unless they are first reinstated from retirement; however, an exception to this rule allows local agencies to hire retired annuitants pursuant to Government Code Section 21224 provided certain key eligibility requirements are satisfied.
Under this Government Code provision, a retiree may serve without reinstatement when the services of a retiree possessing specialized skills to work as “extra help” to eliminate backlog or work on special projects. Specifically, the temporary employment under Government Code Section 21224 requires the following conditions and limitations:
City Council Agenda Item 6.b Page 2 of 2 November 7, 2023 • the interim appointment is for a “limited duration” and requires “specialized skills” in the area of City Clerk duties;
• the annuitant’s employment will not exceed 960 hours in a fiscal year (July 1 through June 30) for employment with all CalPERS employers combined; • the annuitant’s pay rate will not exceed the maximum monthly paid to other employees performing comparable duties as listed on a publicly available pay schedule for the vacant position;
• the annuitant will not receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate; and • the retired annuitant will certify that they have not received unemployment insurance payments for prior retired annuitant work for any CalPERS employer within 12 months prior to the appointment date.
FISCAL IMPACTS
The retired annuitant will be compensated $47.47 per hour for approximately 15-20 hours per week beginning on or about November 28, 2023, and ending no later than February 29, 2024. The estimated monthly compensation is $4,000. No additional benefits, incentives, or compensation will be provided beyond the hourly rate of pay.
ATTACHMENTS
1. Resolution
2. Employment Agreement (Exhibit 1)
Resolution XX-2023 Annuitant Hartz Page 1 of 2 November 7, 2023 RESOLUTION NO. ___-2023
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON APPOINTING
CALPERS RETIRED ANNUITANT SHERI HARTZ TO THE POSITION OF “EXTRA HELP” FOR THE CITY OF CLAYTON, CA AND APPROVING AN
EMPLOYMENT CONTRACT PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 21224
WHEREAS, this is not a project as defined by CEQA;
WHEREAS, there is a current vacancy for the position of City Clerk; WHEREAS, the continuity of City Council administrative functions performed by a City Clerk are needed;
WHEREAS, the City Manager seeks to execute a contract with Sheri Hartz to serve as “extra help” for the City of Clayton, consistent with the Public Employees’ Pension Reform Act (California Government Code Section 21224);
WHEREAS, the Public Employee’s Retirement Law (PERL) generally prohibits CalPERS employers from hiring retirees unless they are first reinstated from retirement; however, an exception to this rule allows local agencies to hire retired annuitants pursuant to Government Code section 21224, subject to certain key eligibility requirements; WHEREAS, under the Government Code, a retiree may serve without reinstatement when the services of a retiree possessing specialized skills to work as “extra help” in order to eliminate backlog or work on special projects. Specifically, the temporary employment under Government Code section 21224;
WHEREAS, Ms. Hartz is a highly qualified and experienced Master Municipal Clerk and retired government professional who possesses the critically needed skills and experience to assist with the continuity of City Clerk duties;
WHEREAS, this temporary employment assignment under Government Code section 21221(h) requires the following conditions and limitations be met:
• the candidate is deemed to possess specialized skills; • Ms. Hartz’s appointment is for a “limited duration” and requires “specialized skills” in the area of City Clerk responsibilities; the contract term is from November 28, 2023 – February 28, 2024.
• the annuitant’s employment will not exceed 960 hours in a fiscal year (July 1 through June 30) for employment with all CalPERS employers combined; • the annuitant’s pay rate will not exceed the maximum monthly paid to other employees performing comparable duties as listed on a publicly available pay schedule for the vacant position;
Resolution XX-2023 Annuitant Hartz Page 2 of 2 November 7, 2023 • the annuitant will not receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate; and • the retired annuitant will certify that they have not received unemployment insurance payments for prior retired annuitant work for any CalPERS employer within 12 months prior to the appointment date;
WHEREAS, the annuitant will be compensated at the maximum salary permissible for this position of $47.47 per hour and will receive no other benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate; WHEREAS, no additional budget resources are requested.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Clayton hereby authorizes the City Manager to execute the attached contract (Exhibit 1) to appoint Sheri Hartz to serve as “Extra Help”.
* * * * *
PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California, at the regular public meeting thereof held on the 7th day of November 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
THE CITY COUNCIL OF CLAYTON, CA
_________________________________
Jeff Wan, Mayor
ATTEST:
__________________________________
Amy Walcker, Executive Assistant to the
City Manager/HR Manager
1 6000 Heritage Trail, Clayton, CA 94517
Phone: 925-673-7300
www.claytonca.gov
October 26, 2023
To: Sheri Hartz
From: Amy Walcker, Human Resources Manager
RE: Retired Annuitant Agreement
Dear Ms. Hartz,
I am pleased to offer you, as a CalPERS retired annuitant, a limited duration opportunity with the City of Clayton. You will be classified as Extra Help serving in the capacity of the Interim City Clerk beginning November 29, 2023 and terminating on or before February 28, 2024.
Your appointment is made pursuant to Government Code Sections 7522.56, 21224, 21227 and 21229. Due to the City of Clayton’s current vacancy of a City Clerk, your expertise as a Master Municipal Clerk will assist the City in continuous operations of city council agenda collation, administration of city council meetings, and production of city council meeting minutes.
For your information, CalPERS has established specific rules relating to temporary employment after retirement. Please see CalPERS Publication 33 entitled Employment After Retirement, which outlines the conditions and limitations of service after retirement and sets forth the following retired annuitant employment requirements:
• You possess specialized skills needed to perform the work. • Your temporary employment will not exceed 960 hours per fiscal year (July 1 – June 30). • The pay rate you receive is not less than the minimum nor exceeds the maximum monthly paid to other employees performing comparable duties. • You cannot be appointed as a retired annuitant if you received unemployment insurance payments for prior retired annuitant work for any CalPERS employer within 12 months prior to the appointment date. Upon acceptance of employment, you must certify in writing to the City of Clayton that you comply with this requirement.
The City of Clayton offers to compensate you at $47.47 per hour. You will not receive any benefit, incentive, compensation in lieu of benefits or other form of compensation in addition to the hourly rate. Work hours will be tracked via the City’s payroll system. 2 Duties will include:
• Preparation of City Council Agendas.
• In-person administration of City Council meetings on the first and third Tuesday of each month, beginning at 7:00 p.m. at Hoyer Hall, 6125 Clayton Road, Clayton, CA 94517. • Certification of legislative documents such as ordinances, resolutions, and meeting minutes.
• Production of City Council meeting minutes.
If you have questions related to employment after retirement, you should consult CalPERS directly at 888-225-7377 or www.calpers.ca.gov.
By signing this letter, you certify:
• You have not received unemployment benefits related to retired annuitant employment with any public employer in the last twelve (12) months.
• You will not exceed 960 combined hours of employment with the City of Clayton and other public agencies within the fiscal year.
• You agree to the terms of this temporary assignment as defined in this letter. • The term of this agreement is for a limited duration: November 28, 2023 – February 28, 2024. • Rate of pay is $47.47 per hour.
________________________ _____________ ________________________ _____________ Sheri Hartz Date Bret Prebula, City Manager Date
(Back to Agenda)
City Council Agenda Item 10.a Page 1 of 2 November 7, 2023 City Council Agenda Item 10.a
STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Larry Theis, City Engineer
DATE: November 7, 2023
SUBJECT: Consider Additional Scope of Work for Downtown Pedestrian Improvements Project to add Crosswalk Enhancement across Center Street at Morris Street
RECOMMENDATION
Staff recommends the City Council consider expanding the scope of work for the Downtown Pedestrian Improvements project to add a raised crosswalk with rectangular rapid flashing beacons across Center Street at the Morris Street intersection and allocate an additional $100,000 to the project budget from the Measure J Return to Source Fund 220.
BACKGROUND
On June 20, 2023, the City Council reviewed and approved the Fiscal Years 2023-2027 Capital Improvement Plan (CIP). During the discussion of the CIP, councilmembers discussed the Downtown Pedestrian Improvement project (#10450) and asked staff to review the Center/Morris Street intersection for similar crosswalk enhancements as those already proposed at Center/Oak and Main/Marsh Creek intersections.
DISCUSSION
The City Engineer requested the civil design firm CSG to review the location for adding a raised crosswalk across Center Street and adding pedestrian push button activated rectangular rapid flashing beacons (RRFBs) to improve safety by alerting attention to motorists and slowing down vehicles driving over the raised crosswalk. This intersection currently has stop control on Morris Street and through traffic on Center Street. CSG developed a scope of work and preliminary estimate for adding this location to the Downtown Pedestrian Improvements project, and it would require an additional $100,000 above its current budgeted amount of $415,615 within the CIP.
City Council Agenda Item 10.a Page 2 of 2 November 7, 2023
FISCAL IMPACTS
If the City Council directs staff to add the Center/Morris Street crosswalk enhancements to the scope of work of the Downtown Pedestrian Improvements project, staff recommends that the City Council allocate $100,000 of unencumbered funds from the Measure J Return to Source Fund 220 and ratify this decision at its future mid-year budget adjustment. The updated total project estimate would be $515,615 with $272,421 (52.8%) funded from outside grants.
ATTACHMENTS
Attachment 1 – CIP Worksheets with proposed revisions to budget Capital Improvement Plan
City of Clayton, California
'22/'23 '26/'27 thru
Description
This project is comprised of three elements:
- Raised and lighted crosswalk system to be located on Oak Street In the east/west direction at Center Street. - An additional raised and lighted crosswalk system to be located on Center Street in the north/south direction at Oak Street. - A Tabletop or raised intersection at Marsh Creek Road and Main Street Project # 10450
Justification
This project is to improve pedestrian safety in the Town Center of Clayton.
Useful Life 15
Project Name Downtown Pedestrian Improvements
Category Transportation/Drainage
Type Bike/Ped
Contact Engineering
Department Engineering
Total Project Cost: $415,615
Expenditures '22/'23 '23/'24 '24/'25 '25/'26 '26/'27 Total Planning/Design 28,194 40,000 68,194
Construction Management 35,000 35,000
Construction 312,421 312,421
Total 28,194 387,421 415,615
Funding Sources '22/'23 '23/'24 '24/'25 '25/'26 '26/'27 Total Fund 230 Restricted Grant 272,421 272,421
Fund 303 Capital Projects 28,194 115,000 143,194
Total 28,194 387,421 415,615
2022-2023 CIP
3 $75,000
$50,000
$372,421
$487,421
Fund 220 Measure J
Source '22/'23 '23/'24 '24/'25 '25/'26 '26/'27
Beginning Balance 9,544 59,853 139,853 139,853 439,853
Revenues and Other Fund Sources
Revenue
Measure J Distribution 81,881 80,000 600,000 300,000 300,000 Total 81,881 80,000 600,000 300,000 300,000
Total Funds Available 91,425 139,853 739,853 439,853 739,853 Total Revenues and Other Fund Sources 81,881 80,000 600,000 300,000 300,000 Expenditures and Uses
Capital Projects & Equipment
Engineering
Neighborhood Paving Program 10449/2306 0 0 (600,000) 0 (550,000) Total 0 0 (600,000) 0 (550,000)
Other Uses
Operation (31,572) 0 0 0 0
Total (31,572) 0 0 0 0
Total Expenditures and Uses (31,572) 0 (600,000) 0 (550,000) Ending Balance 59,853 139,853 139,853 439,853 189,853
Change in Fund Balance 50,309 80,000 0 300,000 (250,000) 2022-2023 CIP
9 (Back to Agenda)
City Council Agenda Item 10.b Page 1 of 2 November 7, 2023 City Council Agenda Item 10.b
STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Bret Prebula, City Manager
DATE: November 7, 2023
SUBJECT: Consider Whether to Continue Use of Hybrid Meetings for City Council, Planning Commission and Budget/Audit Committee Meetings
RECOMMENDATION
City Council to discuss the continued use of hybrid meetings for City Council, Planning Commission, and Budget/Audit Committee meetings.
BACKGROUND
Pursuant to Executive Order N-29-20, beginning in March 2020, the City Council and Planning Commission conducted all meetings virtually due to the COVID-19 pandemic.
State Assembly Bill (AB) 361 allowed agencies to continue to use teleconferencing technology under certain provisions. Over time, the City moved to hybrid meetings, where the Council, Planning Commission, and Budget/Audit Committee attend in person, and the public may choose to participate in person or virtually.
DISCUSSION
Hybrid meetings have allowed the public to participate remotely, which has value to the goal of increased public participation. That said, the City is not legally obligated to conduct hybrid meetings, and therefore, in light of the significant hate speech being seen throughout the Bay Area through the use of the Zoom platform for public comment, staff wanted to confirm the continued use of hybrid meetings for future City Council, Planning Commission and Budget/Audit Committee meetings.
Regardless of the decision by City Council, staff would recommend the option stay, at a minimum, to allow consultants or staff to present via hybrid meetings when it makes sense for the City, as well as to allow Councilmembers and Commissioners to participate in a hybrid fashion when the threshold under AB 2449 is met.
City Council Agenda Item 10.b Page 2 of 2 November 7, 2023
FISCAL IMPACTS
Due to the desire to maintain the option for hybrid meetings for staff, consultants, and Councilmembers/Commissioners (when applicable) at a minimum, unless City Council removes the hybrid meeting in all instances, the annual costs will continue. The cost associated with conducting hybrid meetings includes audio/visual equipment set-up, monitoring and processing of meeting content. Costs for hybrid meetings are: $500 - $600 per City Council meeting ($12,000 - $14,400 annually); $200 - $300 per Planning Commission meeting ($2,400 - $7,200 annually); and $400 - $500 per Budget/Audit Committee Meeting ($4,800 - $6,000 annually).
ATTACHMENTS
None
(Back to Agenda)
City Council Agenda Item 10.c Page 1 of 2 November 7, 2023 City Council Agenda Item 10.c
STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Bret Prebula, City Manager
DATE: November 7, 2023
SUBJECT: Approval of the City Sponsored Special Events Policy
RECOMMENDATION
Staff recommends review, discussion, and approval of the City Sponsored Special Event Policy, as revised by the appointed City Council Ad Hoc Committee.
BACKGROUND
At the September 19, 2023, City Council meeting, the Council appointed Mayor Wan and Councilmember Trupiano to an Ad Hoc Committee to make revision to the draft policy. Staff returned with that revised policy on October 17, 2023. At that meeting, no action was taken related to the policy, but the events were selected, and direction was given to staff to conduct the necessary requests for proposals (RFPs) for a contractor to complete the work related to the events, with the policy coming back at a later date.
City Sponsored Special Events are:
• Concerts in The Grove
• Clayton Car Shows
• 4th of July Parade
• 60th Anniversary of Incorporation (one-time event)
Per the request of the Mayor, the policy is being brought back today for reconsideration by City Council.
DISCUSSION
At the request of the Mayor, the City Council Ad Hoc Committee policy version is being brought back for reconsideration by the City Council.
City Council Agenda Item 10.c Page 2 of 2 November 7, 2023
FISCAL IMPACTS
As outlined in the City Sponsored Special Events Policy, staff is recommending the annual amount of appropriations that are used for City sponsored events to be 1 percent of the General Fund’s total appropriations offset by any direct revenue obtained by an event.
ATTACHMENTS
City Sponsored Special Events Policy-Tracked Version from Ad Hoc Committee City Sponsored Special Events Policy-Clean Version
City Sponsored Special Events Policy
CLAYTON CITY SPONSORED SPECIAL EVENTS POLICY
Introduction
City sponsored special events are a key part of what makes Clayton a special place. Special events bring joy to the community, reinforce cultural values, and bring awareness regionally to our City. They can serve to create a sense of community identity and unity.
City sponsored special events can also burden City services and, if done poorly, can create harm for the community. It is critical that the City Staff properly manage special events in the City.
This policy seeks to clarifyidentifies the process of bringing forward a City sponsored special eventSponsored Special Event (CSSE) and who will manage the operational and organizational work associated with the City sponsored special events.
Definitions
Direct Costs: This is whenCity Sponsored Special Event: An event that the City provides money directly to or for an Event. Directmanages and absorbs all related direct and indirect costs for said event.
Direct Costs: Cash outflows that would not otherwise occur outside of a specific event.
Examples would include, but are not limited to, payments for purchase or rental of goods or supplies for the event, and payments to outside vendors or contractors performing work for the event.
In-KindIndirect Costs: These are indirect costs to the City for Costs associated with an event.
These costs, but would include Cityotherwise be incurred even if the event were to not take place. Examples would include, but are not limited to salaried staff time to coordinate and administer the event, deliver equipment, clean up of park areas and restrooms, conduct road or other closures when applicable, and provide a police presence, etc.
Examples of In-Kind Services:
1. Traffic control (Clayton Police Department)
2. Installation of traffic control devices (Clayton Police and Maintenance/Facilities Departments)
3. Clean-up of parks areas and restrooms (Maintenance/Facilities Department)
4. Security (Clayton Police Department)
5. No parking signage/enforcement (Clayton Police and Maintenance/Facilities Departments)
6. City team pre-planning/preparation, accounting, and event promotion City Sponsored Special Events Policy
City Sponsored Special Event: An event that the City sponsors and for which the City absorbs all related direct, in-kind, and permitting costs for said event. The City may not necessarily coordinate or put on said event, as those services may be contracted to a third party.
City Sponsored Special Events
Background
The City of Clayton has historically had a strong sense of volunteerism especially from sitting and former City councilmembers. Councilmembers have managed much of the logistics related to City sponsored special events. This has been a wonderful show of community engagement.
The concern with this approach, especially as we see increased demands on day-to-day City operations, is that this method of core City sponsored special event management is not sustainable. The lack of core process, policy, and systematic operational awareness has created a lack of clarity on how events become City sponsored special events, what is included in the definition of an event that is a City sponsored special event, and who manages the organization and operation of a City sponsored special event.
To that end, this policy will identify the method to confirm, add, or delete a City sponsored special event, what is included in such a designation, and the level of City staff involvement in City sponsored special events.
Criteria for a City sponsored special event
Although not a mandate for the City Council to add or not to add a specific event as a City sponsored special event, this policy will outline criteria that provides a broad set of objectives to consider when adding any event as a City sponsored special event.
The broad criteria is as follows:
The event by its very natureCriteria for a City Sponsored Special Event The City can choose to sponsor events at its discretion. While there is wide latitude in what can be adopted as a CSSE, the City shall use the following criteria as guidelines in sponsoring events:
• The event will bring a significant number of community members together to celebrate or enjoy what the event is hosting.
City Sponsored Special Events Policy
• The event enhances the inclusivity of the Clayton Community, reinforcing the values of the community and the City’s motto of “Do the Right Thing.” • The event provides a forum for community members that would otherwise not get together in such a public setting, creating a place to continue to explore common interests.
• The event celebrates significant people or events in our City’s, State’s, or Country’s history.
ProcessOversight for confirming, adding, deleting City sponsored special eventsSponsored Events
Each March,All CSSEs will be overseen by the City Manager’s Office shall bring forth an agenda item to the City Council to confirm, add, or delete events from the approved City sponsored event list for the following fiscal year. To ensure a level of fiscal control, the City Manager will outline the amount of direct and/or in-kind costs the City would otherwise have received for such an event if it was not City sponsored. The intention of this process is to ensure awareness for the City Council and the public of the amount of funding being utilized for said events. This will also include any revenue derived from donations or sponsorships for the event. The City policy will allow the City Council to approve City sponsored special events up to a total cost (direct and indirect) of 1% of the City General Fund budget each year. This cost analysis will not include loss of revenue from permit fee collection as the City through this policy is prioritizing the public good over the potential fee collection. The 1% of the City General Fund is net any revenue for City sponsored special events. For example:
• If 1% of the General Fund is $60,000 and the cost of City sponsored events in total cost $100,000 but $40,000 is earned in related donations/sponsorships, the net total would still meet the policy level of 1% of the General Fund annual appropriations.
If the cost of the City sponsored special events are estimated to be above 1% of the City General Fund appropriations, the City Manager may recommend during the March review, to remove an event(s) from the City sponsored special event list, or to narrow the scope of certain event(s), to reduce the total cost of all City sponsored events to not more than 1% of the General Fund appropriations. If the City Council were to allow the total cost of City sponsored special events to go above 1% of General Fund appropriations, it is not recommended that this occur for more than one cycle (year) and the following year event(s) are reduced to return to policy levels.
The current list of City sponsored special events is outlined in Exhibit “A.” Process for event organization and management
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City Sponsored Special Events Policy
Sponsored Special Events Committee. Creating a structure and process around the operation and organization of City sponsored special eventseach individual CSSE will be key to their sustainability.the responsibility of the Committee. The goal will be to utilize the most limited number of staff hours for City sponsored special eventsCSSEs and avoid disruption forof day-today municipal operations. This may include contractingThe City Sponsored Special Events Committee shall work with promoters, and/or hiring extra help (temporary) City staff to specifically and the available budget to organize and manage certain events. City Council support of the organization and operation of City sponsored special events can be helpful on the fringes of events but is not a sustainable business model, thus the desire will be to create systems, processes, contracts, specific non-permanent staff, and volunteers, to handle the approved events in the future.CSSEs.
CSSEs will be allocated a budget not to exceed 1% of general fund expenditures in aggregate, net of any revenues generated from said events. Total costs in excess of 1% for CSSEs in any given year shall require appropriations from Council.
Fees and Forms
All There are no fees associated with the City sponsored specialhosting its own events will have the applicable permit fees waived.. The limiting of permit applications will reduce the administrative staff burden related to City sponsored special events. Staff willSponsored Special Events Committee, working with City staff, shall complete a short City sponsored special eventCSSE form to denote the specifics of the event for the City’s own administrative purposes.
That form will be managed outside of this policy.
Prioritization of Updates to City Sponsored Special Events As part of the deliberation on the events that make up the City sponsored special events list, staff will request the City Council to prioritize the events selected. The reason for the prioritization is to ensure staff identifies the necessary funding to address all resources for one event before moving to the next event. This way the City can be certain the prioritized events are resourced appropriately to be successful instead of a mix and match of events that are not resourced fully. This may include the allocation of volunteers, direct costs, indirect costs, and contracted resources. The prioritization will be included in the City sponsored special event list outlined in Exhibit “A”.
Special Event Updates
The City Council may choose to add additional oversight to the City sponsored special events.
Barring no creation of a sub-committee staff will bring back updates on the cost and operation of City sponsored special events quarterly to the full City Council.The current list of CSSEs is Formatted: Font: Bold, No underline
Formatted: Font: Bold
City Sponsored Special Events Policy
outlined in Exhibit “A.” The Council, at its discretion, may add or subtract events from the current list.
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City Sponsored Special Events Policy
Exhibit “A”
Clayton City Sponsored Special Event List
1. Event 1
2. Event 2
3. Event 3
4. Event 4
5. Event 5
1. Concerts in the Grove
2. 4th of July Parade
3. Clayton Classic Car Show
4. Clayton 60th Anniversary (one time event)
CLAYTON CITY SPONSORED SPECIAL EVENTS POLICY
Introduction
This policy identifies the process of bringing forward a City Sponsored Special Event (CSSE) and who will manage the operational and organizational work associated with the City sponsored special events.
Definitions
City Sponsored Special Event: An event that the City manages and absorbs all related direct and indirect costs for said event.
Direct Costs: Cash outflows that would not otherwise occur outside of a specific event.
Examples would include, but are not limited to, payments for purchase or rental of goods or supplies for the event, and payments to outside vendors or contractors performing work for the event.
Indirect Costs: Costs associated with an event, but would otherwise be incurred even if the event were to not take place. Examples would include, but are not limited to salaried staff time to coordinate and administer the event, deliver equipment, clean up of park areas and restrooms, conduct road or other closures when applicable, provide a police presence, etc.
Criteria for a City Sponsored Special Event
The City can choose to sponsor events at its discretion. While there is wide latitude in what can be adopted as a CSSE, the City shall use the following criteria as guidelines in sponsoring events:
• The event will bring a significant number of community members together to celebrate or enjoy what the event is hosting.
• The event provides a forum for community members that would otherwise not get together in such a public setting, creating a place to continue to explore common interests.
• The event celebrates significant people or events in our City’s, State’s, or Country’s history.
Oversight for City Sponsored Events
All CSSEs will be overseen by the City Sponsored Special Events Committee. Creating a structure and process around the operation and organization of each individual CSSE will be the responsibility of the Committee. The goal will be to utilize the most limited number of staff hours for CSSEs and avoid disruption of day-to-day municipal operations. The City Sponsored Special Events Committee shall work with City staff and the available budget to organize and manage CSSEs.
CSSEs will be allocated a budget not to exceed 1% of general fund expenditures in aggregate, net of any revenues generated from said events. Total costs in excess of 1% for CSSEs in any given year shall require appropriations from Council.
Fees and Forms
There are no fees associated with the City hosting its own events. The City Sponsored Special Events Committee, working with City staff, shall complete a short CSSE form to denote the specifics of the event for the City’s own administrative purposes. That form will be managed outside of this policy.
Updates to City Sponsored Special Events
The current list of CSSEs is outlined in Exhibit “A.” The Council, at its discretion, may add or subtract events from the current list.
Exhibit “A”
Clayton City Sponsored Special Event List
1. Concerts in the Grove
2. 4th of July Parade
3. Clayton Classic Car Show
4. Clayton 60th Anniversary (one time event)
(Back to Agenda)
GHAD Board Agenda Item 5.a Page 1 of 2 November 7, 2023 GHAD Board Agenda Item 5.a
Oakhurst Geological
Hazard Abatement District
STAFF REPORT
TO: Honorable Chair and Board Members
FROM: Larry Theis, P.E., General Manager
DATE: November 7, 2023
SUBJECT: Provide Update to Board on Budget Items for Pursuing a Future Assessment Increase on Property Owners within the GHAD
RECOMMENDATION
The GHAD General Manager recommends the Board of Directors of the Oakhurst Geological Hazard Abatement District (GHAD) provide concurrence to staff to pursue an assessment increase by presenting a ballot vote to the property owners in the GHAD by June 2024.
BACKGROUND
At its last meeting, the Board approved the GHAD’s annual report which includes its fiscal year 2023-2024 budget. The Board directed staff to shift available funds from monitoring and site investigation items to administrative tasks of pursuing a future ballot measure to increase revenue for the GHAD to operate at a sustainable level. Staff included two budget line items in the Annual Report (Attachment 1) related to the ballot measure task which were identified as “Future Ballot Measure Admin” and “EducationOutreach to Property Owners in GHAD” with placeholder amounts of $32,953.91 and $25,000.00, respectively.
DISCUSSION
Since the last GHAD meeting, the City Engineer has been working with the BSK, the City’s geotechnical subconsultant to develop a scope of work and estimated cost for preparing a new/amended plan of control document for the Oakhurst GHAD. The anticipated work includes data review and preparing a first draft Plan of Control, addressing comments and submitting a 2nd draft Plan of Control with a presentation to GHAD Board Agenda Item 5.a Page 2 of 2 November 7, 2023 the Board, and finalizing the document to be included in the Engineer’s Report that will be part of the ballot process for setting the new assessment rates. The proposed cost of this work is estimated at $30,000.
The anticipated administrative costs for Francisco & Associates to prepare the Engineer’s Report, holding public hearings, and mail/process/tabulate ballots is estimated at $22,000. The total estimate for “Future Ballot Measure Admin” work has increased by almost $20,000 over the original placeholder amount. Therefore, Staff is recommending that the budget for “Education-Outreach to Property Owners in GHAD” be reduced accordingly for this difference; leaving approximately $6,000.
This report is meant to be an update on the proposed budgets and get concurrence to proceed with consultant work for a ballot vote of the property owners in the GHAD in the spring/summer 2024. If the Board would still like to proceed, Staff recommends the Board consider at a future meeting using additional funds for education and outreach to the voters to ensure there is adequate awareness of the needs of this District and its current financial state.
FISCAL IMPACT
No direct fiscal impact with this report. The overall GHAD budget remains the same, with shifting of allocations between the Ballot Measure Admin work and the EducationOutreach work.
NEXT STEPS
In December 2023 or January 2024, Staff plans to return with a draft Plan of Control for the Board’s review and comment.
ATTACHMENT
GHAD Budget Proposed Amendment
FISCAL YEAR 2023-24
GEOLOGICAL HAZARD ABATEMENT DISTRICT ESTIMATE OF COSTS
5 PART B
ESTIMATE OF COSTS
The District has developed the Fiscal Year 2023-24 cost estimate to include funding for routine operations, ongoing monitoring costs, an evaluation of the District areas and improvements, costs for emergency and minor repairs, and transfers to the City’s general fund for work accomplished by City staff, and when funding allows, the costs associated with undertaking major repairs and adverse conditions. A summary of the Fiscal Year 2023-24 cost estimate follows.
Projected Beginning Fund Balance (7/1/2023) $26,443.36
Projected Revenues
Assessment Revenues $49,089.18
Interest Earnings $0.00
Transfer from Presley Settlement Fund1 $49,991.37
Total Projected Revenues $99,080.55
Estimate of Expenditures
$30,000.00
$25,000.00
$32,953.91
$15,000.00
$8,415.00
$7,500.00
$4,000.00
$1,380.00
$875.00
$400.00
Engineering/Inspection Services (October site visit)
Education-Outreach to Property Owners in GHAD
Future Ballot Measure Admin/New Plan of Control
GHAD Management
Transfer to General Fund
Liability Insurance
Legal Services
County Collection Fee
Postage
Miscellaneous
Total Estimate of Expenditures $125,523.91
Estimate of Reserves
Operating Reserves2 $0.00
Capital Reserves $0.00
Total Estimate of Reserves $0.00
Projected Ending Surplus Fund Balance (6/30/2024) $0.00 1 The Presley Lawsuit Settlement Funds are used to support the District by offsetting funding shortfalls that exist annually.
2 Operating Reserves should be accumulated annually. The Fiscal Year 2023-24 target Operating Reserve is 50% of the annual expenditures ($62,761.96).
Fiscal Year 2023-24 Cost Estimate
Oakhurst Geological Hazard Abatement District
$52,000.00
$5,953.91