____________________________________________________________________________________________ City Council Agenda November 21, 2023 Page 1
AGENDA
REGULAR MEETING
* * *
CLAYTON CITY COUNCIL
* * *
Tuesday, November 21, 2023
7:00 p.m.
*** NOTICE ***
Members of the public will be able to participate either in-person at Hoyer Hall, Clayton Community Library
6125 Clayton Road, Clayton, CA 94517
or remotely via Zoom.
Jeff Wan, Mayor
Jim Diaz, Vice Mayor
Peter Cloven, Councilmember
Holly Tillman, Councilmember
Kim Trupiano, Councilmember
• 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 Agenda November 21, 2023 Page 2
Instructions for Virtual City Council Meeting – November 21, 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_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 [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 Mayor.
____________________________________________________________________________________________ City Council Agenda November 21, 2023 Page 3
CITY COUNCIL
November 21, 2023
1. CALL TO ORDER AND ROLL CALL – Mayor Wan.
2. PLEDGE OF ALLEGIANCE – Led by Mayor Wan.
3. PUBLIC COMMENT ON NON - AGENDA ITEMS
Members of the public may address the City Council on items within the Council’s jurisdiction (which are not on the agenda) at this time. To assure an orderly meeting and an equal opportunity for everyone, each speaker is limited to 3 minutes, enforced at the Mayor’s discretion. In accordance with State Law, no action may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked or may at its discretion request Staff to report back at a future meeting concerning the matter.
Public comment and input on Public Hearing, Action Items and other Agenda Items will be allowed when each item is considered by the City Council.
4. CONSENT CALENDAR
Consent Calendar items are typically routine in nature and are considered for approval by one single motion of the City Council. Members of the Council, Audience, or Staff wishing an item removed from the Consent Calendar for purpose of public comment, question, discussion or alternative action may request so through the Mayor.
a. Approve the Minutes of the City Council Regular Meeting of November 7, 2023 (Executive Assistant to the City Manager/HR Manager) (View) b. Approve One Appointment to the Trails and Landscape Committee (Executive Assistant to the City Manager/HR Manager) (View) c. Approve the City’s Annual Report on Development Fees for the Fiscal Year Ending June 30, 2022, and June 30, 2023, in Compliance with the Reporting Requirements of Section 66006 of the California Government Code (AB 1600) (City Manager and Finance Director) (View)
d. Authorize Submittal of Application(s) for All CalRecycle Grants for which the City of Clayton is Eligible (Executive Assistant to the City Manager/HR Manager) (View)
e. Approve by Minute Order the City of Clayton Pre-Reviewed Accessory Dwelling Unit Plan Program and Authorize Staff to Implement the Program (Community Development Director) (View)
____________________________________________________________________________________________ City Council Agenda November 21, 2023 Page 4
5. RECOGNITIONS AND PRESENTATIONS
a. Certificate of Recognition of Clayton’s Unsung Heroes (Councilmember Cloven) (View)
6. REPORTS
a. City Manager / Staff
• Link to ClearGov Transparency Portal:
https://cleargov.com/california/contra-costa/city/clayton/checkbook
7. PUBLIC HEARINGS
None
8. ACTION ITEMS
a. Accept the Quarterly Financial Reports on the City’s Investment Portfolio for the Period Ending September 30, 2023 (Finance Director) (View)
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 December 5, 2023.
City Council Minutes November 7, 2023 Page 1
(Back to Agenda)
Agenda Item 4.a
MINUTES
OF THE REGULAR MEETING
CLAYTON CITY COUNCIL
TUESDAY, November 7, 2023
1. CALL TO ORDER AND ROLL CALL – The meeting was called to order at 6:00 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.
3. PUBLIC COMMENT ON NON - AGENDA ITEMS
Councilmember Tillman requested delaying the public comments on non-agenda items due to the earlier 6:00 p.m. start time.
Keith Haydon commented on the City Manager’s performance evaluation; acknowledging support letters from staff, meet and greets, community reports, and professional staff reports. He asked the City Council to consider renewing efforts for a financial stability committee of volunteers to address the revenue gaps.
Jim Killoran had volunteered for the financial stability committee and is still available. He discussed Clayton balancing its budget by underpaying police and other employees, deferring maintenance, and not funding capital infrastructure; and he stressed the need to address the issue.
Mayor Wan closed public comments.
4. RECESS THE CITY COUNCIL MEETING – At 6:10 p.m. Mayor Wan recessed the City Council Meeting to the Oakhurst Geological Hazard Abatement District Board Meeting.
5. RECONVENE THE CITY COUNCIL MEETING – Mayor Wan reconvened the City Council meeting at 6:55 p.m. and called a brief recess to 7:00 p.m. Mayor Wan called the City Council meeting back to order at 7:00 p.m.
6. CONSENT CALENDAR
There were no public comments on the Consent Calendar.
It was moved by Councilmember Cloven and seconded by Councilmember Tillman to approve Consent Calendar items 6.a and 6.b as submitted. (Passed 5-0). a. Approved the Minutes of the City Council Regular Meeting of October 17, 2023.
b. Adopted Resolution No. 53-2023 Appointing CalPERS Retired Annuitant Sheri Hartz to the Position of “Extra Help” and Approval of Employment Contract Pursuant to California Government Code Section 21224.
City Council Minutes November 7, 2023 Page 2
7. RECOGNITIONS AND PRESENTATIONS
a. Information Only – No action.
Dutch-American Heritage Day – November 16
Native American Heritage Month
8. REPORTS
a. City Manager / Staff – No report.
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 Larry Theis gave the staff report and responded to questions from the City Council. There were no public comments.
It was moved by Councilmember Tillman and seconded by Councilmember Cloven to approve 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 allocation of an additional $100,000 to the project budget from the Measure J Return to Source Fund 220 (Passed 5-0).
b. Consider Whether to Continue Use of Hybrid Meetings for City Council, Planning Commission, and Budget/Audit Committee Meetings City Manager Bret Prebula summarized the staff report. Mayor Wan opened public comments.
Keith Haydon spoke in support of continuing to allow public participation virtually.
Debbie DeSousa suggested following Roberts Rules of Order to provide warnings and possible censure to unruly speakers rather than eliminating virtual comments.
A speaker in attendance at the meeting emphasized free speech and participating appropriately.
C.W. Wolfe noted inappropriate behavior can happen both in person and virtually. Since there have been no problems in Clayton, he encouraged continuation of public participation on Zoom.
Roy Correa urged development of guidelines with enforcement prohibiting unacceptable behavior and permitting virtual participation.
Lauren Kindorf advocated for reminders about doing the right thing, continued public participation virtually, and enforcing rules of decorum.
City Council Minutes November 7, 2023 Page 3
Mayor Wan closed public comments. City Attorney Mala Subramanian clarified past comments in Clayton were allowed under the Brown Act.
It was moved by Mayor Wan and seconded by Vice Mayor Diaz to discontinue use of hybrid meetings for public participation with the exception to allow consultants or staff to present via hybrid meetings, as well as allowing Councilmembers and Commissioners to participate in a hybrid fashion when the threshold under Assembly Bill (AB) 2449 is met.
A substitute motion was made by Councilmember Tillman and seconded by Councilmember Cloven to continue use of hybrid meetings, allowing public comments via Zoom, for City Council, Planning Commission and Budget/Audit Committee meetings. (Passed, Ayes: Tillman, Cloven and Trupiano. Noes: Wan and Diaz.)
c. Approval of the City Sponsored Special Events Policy City Manager Bret Prebula explained the policy is coming back to the City Council for discussion.
Mayor Wan opened public comments.
Keith Haydon promoted listening to City staff relative to extra work load with a Special Events Subcommittee.
Mayor Wan closed public comments.
It was moved by Mayor Wan and seconded by Vice Mayor Diaz to approve the City Sponsored Special Event Policy, as revised by the appointed City Council Ad Hoc Committee. (Passed, Ayes: Trupiano, Diaz, Wan. Noes: Cloven and Tillman. For the record, Councilmember Tillman stated she will not be planning/running special events as a Councilmember, noting oversight is by the entire City Council and a Subcommittee is not needed.)
11. COUNCIL ITEMS
Councilmember Tillman reiterated her request for a future agenda item to discuss the City Attorney conducting an investigation if there is a hostile work environment and Councilmember actions.
12. COUNCIL REPORTS
a. City Council - Reports from Council liaisons to Regional Committees, Commissions and Boards.
Councilmember Cloven reported on meetings with residents, providing information about City financial challenges.
Councilmember Tillman reported on the following attendance and meetings: East Bay Division of League of California Cities; Piedmont High School – Redlining and Racism; Clayton Pride Board meeting calls and all calls; Grand Opening of Roadside 22; Trunk or City Council Minutes November 7, 2023 Page 4
Treat; Mayor’s Conference; Mt. Diablo Education Foundation Board meeting; and announced Fire Wise Town Hall meeting on November 13th at 6:30 p.m.
Vice Mayor Diaz reported on the following attendance and meetings: County Connection Board meeting; Subcommittee meeting with Clayton Business & Community Association (CBCA); CBCA General Membership meeting; Trunk or Treat; County Connection Operations & Scheduling Committee meeting; Mayor’s Conference; Art & Wine Committee meeting; Chief of Police & City Manager meetings; and announced Veterans’ Day Event on November 11th at 11:00 a.m.
Councilmember Trupiano reported on the following attendance and meetings: Capitol Series event with Assembly Member Rebecca Bauer-Kahan; Contra Costa Association of Realtors Annual Elected Officials Reception; CBCA Mixer; Two-year strategic planning session with Clayton Valley Village; volunteered at Library book sale; Mayor’s Conference; and meeting with City Manager.
Mayor Wan reported on the following attendance and meetings: Library book sale; Subcommittee meeting with CBCA; Mayor’s Conference; and Communications with residents.
13. CLOSED SESSION
a. Public Employee Performance Evaluation
Government Code section 54957
Title: City Manager
Mayor Wan opened public comments.
Rebecca Nolan praised and thanked the City Manager.
Jim Killoran said the City is fortunate to have Bret Prebula as City Manager.
Keith Haydon emphasized the City Manager has reviewed the issues facing the City and is working with the community.
Ed Miller conveyed he is impressed with City Manager Bret Prebula; saying he brings best practices, communicates well, and has built a team.
Dana Ayers, Clayton Community Development Director, shared her appreciation for City Manager Bret Prebula.
Roy Correa discussed deliverables, leadership, and allowing the City Manager to do his job; and he requested respectful collaboration among Councilmembers.
Amy Walcker, Executive Assistant to the City Manager/HR Manager, said she is honored to be part of the Clayton team and honored to be working with Bret Prebula.
Mayor Wan closed public comments.
The Council recessed to closed session at 10:01 p.m. for the purpose stated above.
Upon returning from closed session at 12:06 a.m., there was no reportable action.
City Council Minutes November 7, 2023 Page 5
14. ADJOURNMENT - On call by Mayor Wan, the City Council adjourned its meeting at 12:07 a.m. with the next regular meeting to be held on November 21, 2023, with Vice Mayor Diaz presiding.
# # # # #
Respectfully submitted,
________________________________
Amy Walcker, Executive Assistant to the
City Manager/HR Manager
APPROVED BY THE CLAYTON CITY COUNCIL
___________________________________
Jeff Wan, Mayor
(Back to Agenda)
Agenda Item 4.b Page 1 of 1 November 21, 2023
Agenda Item 4.b
STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Amy Walcker, Executive Assistant to City Manager/HR Manager DATE: November 21, 2023
SUBJECT: Approve One Appointment to the Trails and Landscape Committee
RECOMMENDATION
Staff recommends the appointment of Mike Wells to the Trails and Landscape Committee for a term beginning December 1, 2023, and ending December 30, 2025.
BACKGROUND
There is a vacancy on the City’s Trails and Landscape Committee. It is important that all the positions on any of the City Council appointed subcommittees are filled in order to allow for the greatest input from the committee to the City Council.
DISCUSSION
Mr. Wells has a background and desire for community involvement that would be a value to the Trails and Landscape Committee.
FISCAL IMPACTS
There is no financial impact from appointing Mr. Wells to the Trails and Landscape Committee.
ATTACHMENTS
Application
(Back to Agenda)
Agenda Item 4.c Page 1 of 7 November 21, 2023
Agenda Item 4.c
STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Bret Prebula, City Manager
Prapti Aryal, Finance Director
DATE: November 21, 2023
SUBJECT: Approve the City’s Annual Report on Development Fees for the Fiscal Year Ending June 30, 2022, and June 30, 2023, in Compliance with the Reporting Requirements of Section 66006 of the California Government Code (AB 1600)
RECOMMENDATION
It is recommended that, subject to any comments or questions, the City Council adopt the attached Resolution finding there is a reasonable relationship between current needs for existing development impact fees and the purposes for which they were originally collected and authorizing internal accounting adjustments as noted.
BACKGROUND
In 1989, Section 66000 et seq. of the California Government Code became effective. When passed in 1987, this section was known as Assembly Bill (AB) 1600. When the Legislature passed AB 1600, it added a new chapter to the California Government Code on impact fees for development projects. The chapter sets forth a number of requirements that local agencies must follow if they are to extract impact fees from developers to defray the cost of construction of public facilities or expanded public service obligations related to development projects. Section 66006 mandates the reporting requirements on fees that the local agency must adhere to each fiscal year.
With the passage of AB 1483 in 2019, additional requirements were added to require agencies to post five years of annual reports and a list of fees. Staff will be following up to ensure all AB 1483 requirements are met.
Agenda Item 4.c Page 2 of 7 November 21, 2023
Through policies contained within the General Plan, the City of Clayton has established the nexus between the development and the capital improvements necessary to mitigate the effects of the development and approved impact fees to fund the mitigation measures.
Further implementation of the impact fees is established in the Clayton Municipal Code sections related to each fee type.
DISCUSSION
Section 66006 (b)(1) of the California Government Code requires each local agency to make public a status report on its development impact fees within 180 days after the last day of each fiscal year. Section 66006 (2) also requires each local legislative body to review the annual report on development fees at a public meeting. This year the City of Clayton made its annual report on development fees available to the public on November 8, 2023.
The AB 1600 report consists of a brief description of the fee type in the account or fund, the amount of the fee, the beginning and ending balance of the account or fund, the amount of fees collected, and the interest earned. If there are funds in the accounts, then there is also a requirement to make a finding that there is a reasonable relationship between current needs for and the purposes for which they were originally collected.
Development impact fees become due at different times through the course of a development project. Some of the impact fees are due at the time of final map, or building permit issuance, others not until final occupancy. As outlined in Attachment 3, the City collected impact fees for FY21-22 and FY22-23. Interest earnings are apportioned to the Development Impact Fee Fund (No. 304) through the quarterly city-wide interest allocation process. Within the Development Impact Fee Fund, quarterly interest allocations are further divided to each development impact fee account based on proportional fee account balances as of the end of the corresponding quarter. The annual report and the interest allocation for FY21-22 were not done due to staff vacancies and turnover. For FY2022-23, the interest was allocated based on FY 2021-22 ending fund balances since the quarterly allocations were missed due to staff turnover.
In Clayton, AB 1600 development impact fees are collected for the following purposes:
• Childcare Facilities
• Offsite Arterial Street Improvements
• Fire Protection
• Community Facilities
• Parkland Dedication
The summary of the balances of the various fees are listed on Attachment 2. A ten (10) year Consolidated Income Statement and Revenue/Expenditure Detail Statement summary for each of the City’s impact fees is presented in Attachment 3, which provides a snapshot of the sources of funds and balances in recent history and the Revenue/Expenditure Statement which details expenditure and revenue reports for each fee the City collects for further analysis of specific transactions. Attachment 4 is a copy of the public notice made available on the City’s website and community public posting locations on November 8, Agenda Item 4.c Page 3 of 7 November 21, 2023
2023. A schedule of all City-imposed development impact fees is shown in Attachment 5 disclosing the fee formulas, citing the authoritative section establishing each fee, and the specific development phase when each fee is due to the City.
The following is a summary of the eight (8) reporting requirements on development impact fees for which a local agency must adhere to each fiscal year:
1. Create separate capital facilities funds or accounts for each improvement funded with impact fees (Government Code Section 66006(a)).
2. Remit all interest income earned by the fees to the same fund; interest income must be spent solely on the purpose for which the fee was originally collected (Section 66006(a)).
3. Within 180 days after the close of each fiscal year, prepare a public report concerning each impact fee fund. Such report must include the fund’s beginning and ending balance for the fiscal year, amount of fees and interest deposited into the fund for the fiscal year, and a description of each expenditure from the fund for that year, including identification of the improvement being funded (Section 66006(b)).
4. Review the report at a public meeting not less than fifteen (15) days after the report is made available to the public (Section 66006(b)(2)).
5. If fees remain unexpended or uncommitted five (5) years after being collected, the local agency is to make a finding that there remains a reasonable relationship between the current need for the fees and the purposes for which they were originally collected (Section 66001(d)).
6. Refund to current owner of lots or project developer any fees, with accrued interest, for which continued need cannot be demonstrated (Section 66001(e)).
7. A local agency must not co-mingle fees with any other revenue, except for temporary investment purposes (Section 66006(a)).
8. A local agency may not spend impact fees for maintenance or operation of improvements funded with impact fees (Section 65913.8).
The City is in compliance with the eight reporting requirements outlined above. The following impact fee accounts subject to the AB 1600 compliance requirements contain receipts that have not been fully expended by the City for eligible purposes in a timeframe exceeding five (5) years: Childcare Facility, Offsite Arterial Improvement, and Fire Protection fees. Compliance is obtained with criteria number 5 above by adopting a Resolution that makes a finding that there remains a reasonable relationship between the current need for the fees and the purpose for which they were originally proposed.
Agenda Item 4.c Page 4 of 7 November 21, 2023
1. Child Care Facilities
On April 20, 1988, the City Council adopted Ordinance No. 252 establishing the childcare facilities development impact fee. The purpose of this development impact fee is to enable the development of facilities sufficient to meet existing and future preschool and school age childcare needs. Under this law eligible facilities included building, equipment, and any accessory structures, programs and personnel licensed by the State for direct childcare services providing but not limited to shelter, food, educational, and play opportunities for less than 24 hours per day. During the 1990s some funds were provided to the Contra Costa Childcare Council for material needs of programs and to provide outreach to Clayton residents as to home and other childcare opportunities and programs. The Oakhurst Development did not pay into these funds as it was established after Oakhurst was approved.
As of June 30, 2023, there was a fund balance (including interest) of $54,989 available. During FY 2022-23 the City allocated approximately $694 in interest to the fund. As a result of the relatively small fund balance, extended periods are necessary to achieve sufficient resources to finance the costs for childcare related facilities or improvements. Accordingly, a need exists to continue the ongoing collection of this impact fee as well as the preservation of unspent balances for expected future project needs as outlined previously.
2. Parkland Dedication
On July 17, 1985, the City Council adopted the General Plan, which among other requirements, established a parkland dedication impact fee program as granted by the Subdivision Map Act of the State of California (Quimby Act). Under this law, the general standard established is that it is found and determined that the public interest, convenience, health, welfare, and safety require that five (5) acres of property for each one thousand persons residing within the City be devoted to park and recreational purposes.
As of June 30, 2023, there was a fund balance (including interest) of $63,025 available. A total of $908 in interest was allocated to the Parkland Dedication account in FY 2022-23. The Parkland Dedication Fee funds may be eligible to be used in park and recreation area construction or expansion projects. Accordingly, a need exists to continue the ongoing collection of this impact fee as well as the preservation of unspent balances for expected future project needs.
3. Offsite Arterial
On October 7, 1981, the City Council adopted Resolution No. 36-81 establishing a policy for offsite arterial street improvement impact fees for new residential developments. The policy established a nexus between development and increased traffic congestion on the City’s major arterial streets. The purpose of this development impact fee is to assist the City in alleviating traffic congestion generated by each new development on the City’s major arterial streets. Currently, the City’s major arterial streets eligible for improvements to be financed by offsite arterial Agenda Item 4.c Page 5 of 7 November 21, 2023
development impact fees include Clayton Road, Oakhurst Boulevard, Marsh Creek Road, and Pine Hollow Road.
As of June 30, 2023, there was a fund balance (including interest) of $256,404 available. A total of $3,236 in interest was allocated to the offsite arterial account in FY 2022-23.
The collection of offsite arterial development impact fees pertaining to the following projects has not been expended in over five years as of June 30, 2023: Pine Hollow Estates, Mitchell Creek, Longs (CVS), Flora Square, Village Market, and Diablo Estates. The unspent fees will be allocated for Contra Costa Transportation Authority (CCTA) Smart Signal CIP2305 upgrades which will be used for signal improvements on an arterial. Approximately $76,000 will be allocated for this project CIP2305 with additional funding derived from other sources including Measure J, Highway Users Tax Account (HUTA) and Road Maintenance and Rehabilitation Account (RMRA) gas taxes, or federal/state/regional grants. The remaining unused fees could be allocated for the future Pine Hollow Complete Street project which is in the Planning Stage. Accordingly, a need exists to continue the ongoing collection of this impact fee as well as the preservation of unspent balances for expected future project needs as outlined previously.
4. Fire Protection
In 1987 the City Council adopted Ordinance No. 239 establishing the fire district development impact fee based on a report determining facility and equipment needs for the entire fire protection district (District). Facility cost and benefits were identified for incorporated and unincorporated areas and based on the assessment, it was determined that the City’s contribution would be $830,700 to the District. The purpose of this impact fee is to provide a method for financing fire protection facilities required by the goals and policies of the General Plan and necessitated by the needs of new construction and development for adequate fire protection facilities and services. All such fees collected shall only be used for the purpose of establishing or improving fire stations and purchase of equipment dedicated to the District’s service area, or portions thereof.
As of June 30, 2023, there was a fund balance (including interest) of $11,375 available. A total of $144 in interest was allocated to the fire protection development impact fee account in FY 2022-23.
In FY 1999-2000, the City’s former Redevelopment Agency (RDA) provided a loan of $350,000 to help finance the construction of the District’s fire station located in Clayton. Periodically, as outlined in Attachment 3, fire protection fees collected were used to repay portions of this City-RDA loan. However, with the state-imposed dissolution of all California RDAs pursuant to the 2011 Budget Act the loan was effectively dissolved along with the dissolution of the City’s RDA. Prospectively, fire protection development fees collected will be used for any eligible unmet local capital needs of the District to mitigate the impact of new construction service demands.
Agenda Item 4.c Page 6 of 7 November 21, 2023
Accordingly, a need exists to continue the ongoing collection of this impact fee as well as the preservation of unspent balances for expected future project needs as outlined previously.
5. Community Facilities
In 1990 the City Council adopted Ordinance No. 282 establishing the community facilities development impact. The purpose of this impact fee is to implement the goals and objectives of the City’s Capital Improvement Program (CIP) and to mitigate the unfavorable impacts attributed to new development by helping finance the construction of certain necessary public facilities.
As of June 30, 2023, there was a fund balance of $8,100 available. Interest was not allocated to the community facilities development impact fee account in FY 2022-23, as the interest allocation was based on the fund balance for FY 2021-22. These funds are limited to improvements of City-owned facilities (buildings and associated grounds). These and future funds are restricted for future new capital projects such as the Keller House renovation, Endeavor Hall, Clayton Community Library, City Hall, or public works corporation yard improvements or upgrades.
SUMMARY
To comply with AB 1600, the City Council must make findings there is a reasonable relationship between the current need for the fees and the purposes for which they were charged as demonstrated by programming of fees in the CIP and City operational budgets.
It is important these findings can be and are made to ensure continuance of funding resources for these important programs.
Although AB 1600 requires fees collected from developers be expended within five years, the law, as noted previously, also allows exceptions. Exceptions are provided in recognition that some projects require an extended planning period. There can be several reasons for reasonable exceptions including project costs being of a magnitude necessitating a greater than five-year timeframe to accumulate sufficient funds or necessary matching funds not being available within the five-year timeframe. The City has referenced specific projects herein demonstrating there remains a nexus between current needs of unspent development impact fees and the purposes for which they were originally established.
Specific projects referenced are included in the most recent City Council adopted Five-Year Capital Improvement Program.
As noted previously, as mandated by AB 1600, within 180 days of the close of the fiscal year the City must publicize an annual report on development impact fees. This annual report shall disclose the beginning and ending balance of each development impact fee account for the fiscal year, as well total interest allocations, expenditures, and new development impact fee revenues.
On November 8, 2023, a public notice was posted on the City’s website and to the community posting boards outlining the annual AB 1600 report which had been publicized on the City’s website as well as was available for review at City Hall. This public notice also Agenda Item 4.c Page 7 of 7 November 21, 2023
specified the annual AB 1600 report would be placed on the November 21, 2023 City Council agenda for review and consideration for acceptance, in compliance with the reporting requirements.
FISCAL IMPACTS
The acceptance of this report and its attachments, including the attached Resolution, has no direct fiscal or budgetary impact to the City of Clayton, provided the collected development impact fees are retained.
ATTACHMENTS
1. Resolution No __-2023
2. Fund Balance Summary – AB 1600 Development Impact Fees
3. 10 Year Consolidated Income Statements and Revenue/Expenditure Detail – AB 1600 Developer Impact Fee
4. Public Notice of AB 1600 Annual Report availability
5. Development Impact Fee Listing
ATTACHMENT 1
RESOLUTION NO. __-2023
A RESOLUTION FINDING THERE REMAINS A REASONABLE RELATIONSHIP BETWEEN CURRENT NEEDS FOR THE CITY’S DEVELOPMENT IMPACT FEES
AND THE PURPOSES FOR WHICH THEY WERE ORIGINALLY CHARGED (GOVERNMENT CODE SECTION 66000 ET. SEQ.) RELATED TO
THE CITY’S ANNUAL REPORT ON DEVELOPMENT IMPACT
FEES FOR THE FISCAL YEAR ENDED JUNE 30, 2023
THE CITY COUNCIL
City of Clayton, California
WHEREAS, the City’s adopted General Plan, and the most recent 5-Year Capital Improvement Program identifies improvements necessitated by continued development in the City and fees paid for development impacts; and
WHEREAS, the City has been authorized by Municipal Code Sections 3.16.020 (Community Facilities), 3.18.040 (Fire Protection), 16.12.010 (Parkland Dedication),
16.60.050 (Childcare), and Resolution 36-81 and 14-86 (Offsite Arterial Streets) to establish and collect these development impact fees; and WHEREAS, the City has established discrete accounts and fees to finance the construction of these improvements as mitigation measures for continued development within the City; and
WHEREAS, the City periodically adopts a comprehensive 5-Year Capital Improvement Program to prioritize improvements and allocates funds to construct the improvements as mitigation for continued development in the City; and WHEREAS, these improvements are scheduled to be constructed over time as sufficient funds become available; and
WHEREAS, many of these identified improvements are of such size that sufficient funds have not been collected or obtained in order to construct these improvements by expending fees collected within the five-year expenditure period provided by Government Code Section 66001(d); and
ATTACHMENT 1
Resolution No. _____-2023 2 November 21,2023
WHEREAS, there continues to be a distinct nexus between continued development and the necessity to mitigate developments impacts; and WHEREAS, fees collected previously and in the future are necessary to fund future improvements tracked in the City’s Capital Improvement Program budget and to address identified childcare needs of the community; and WHEREAS, certain fees collected in the Child Care Facility, Offsite Arterial, Fire Protection and Parkland and Dedication development impact fee accounts have not been expended in a timeframe exceeding five years, however are still necessary pursuant to AB 1600 for the purpose in which they are collected as project costs exceed current available resources and it will thus take longer to collect the necessary funds for the projects identified in the City’s adopted Capital Improvement Program Budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Clayton, California does hereby:
Section 1. Accept the above Recitals as fact, herewith approves the City’s AB 1600 Report for FY 2022-23, and does find there remains a reasonable relationship between the current need for the impact fees and the purposes for which they were originally collected; and
Section 2. This Resolution shall become effective immediately upon its passage and adoption.
PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California at a regular public meeting thereof held on the 21st day of November 2023 by the following vote:
ATTACHMENT 1
Resolution No. _____-2023 3 November 21,2023
AYES:
NOES:
ABSTAIN:
ABSENT:
THE CITY COUNCIL OF CLAYTON, CA
_______________________________
Jeff Wan, Mayor
ATTEST:
_________________________________
City Clerk
CITY OF CLAYTON ATTACHMENT 2
AB 1600 DEVELOPMENT IMPACT FEE FUND BALANCE SUMMARYJUNE 30, 2023 (A) (B) (C) (D) (E)
FUND FUND RESERVES DESIGNATED TOTAL UNALLOCATED
BALANCE ALLOCATED RESERVES
FUND BALANCE (A-D)
(B+C=D)
CHILDCARE FACILITIES 54,989 $ $ - $ 54,989 $ 54,989 $ -PARKLAND DEDICATION 63,025 - 63,025 63,025 - OFFSITE ARTERIAL IMPROVEMENT 256,404 - 256,404 256,404 - FIRE PROTECTION FEES 11,375 - 11,375 11,375 -
COMMUNITY FACILITIES 8,100 - 8,100 8,100 - TOTAL $ 393,894 $ - $ 393,894 $ 393,894 $ - 1 of 1
ATTACHMENT 3
DEVELOPMENT IMPACT FEES10 YEAR AB 1600 DEVELOPMENT IMPACT FEE REVENUE/EXPENDITURE SUMMARYFY 2014 - FY 2023 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023
CHILDCARE FACILITY FEESREVENUE
Childcare Facility Fees (5307) - - - - 1,640 3,690 -
Interest 489 255 601 646 784 987 1,017 768 694
Total Revenues 489 255 601 646 2,424 987 1,017 768 3,690 694
EXPENDITURES
Total Expenditures - - - - - - - - - -
Total Revenue/over(under) Expenditures 489 255 601 646 2,424 987 1,017 768 3,690 694
OTHER FINANCING SOURCES (USES)
Operating Transfers in - - - - - - - - - -
Operating Transfers out - - - - - - - - - -
Total Other Financing Sources (Uses) - - - - - - - - - - Excess (Deficiency) of Revenue and OtherSources Over (Under) Expenses & OtherFinancing Sources 255 489 601 646 2,424 987 1,017 768 3,690 694 FUND BALANCE JULY 1 43,908 43,419 44,163 44,764 45,410 47,834 48,821 49,838 50,605 54,295 FUND BALANCE JUNE 30 43,908 44,163 44,764 45,410 47,834 48,821 49,838 50,605 54,295 54,989 1 of 5
ATTACHMENT 3
DEVELOPMENT IMPACT FEES10 YEAR AB 1600 DEVELOPMENT IMPACT FEE REVENUE/EXPENDITURE SUMMARYFY 2014 - FY 2023 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023
PARKLAND DEDICATION FEESREVENUE
Parkland Dedication Fees (5313) - - - 20,552 - 46,242.00 - Interest 686 163 34 36 336 483 498 376 - 908
Total Revenues 686 163 34 20,888 36 483 498 376 46,242 908
EXPENDITURES
2010 Pavement Rehab (CIP 10409) - 59,297 - - - - - - 8,913 - Community Park Upgrades (CIP 10407) - - - - - - - - - - Total Expenditures - 59,297 - - - - - - 8,913 -
Total Revenue/over(under) Expenditures 686 (59,263) 163 36 20,888 483 498 376 46,242 (8,005)
OTHER FINANCING SOURCES (USES)
Operating Transfers in - - - - - - - - - -
Operating Transfers out - - - - - - - - - -
Total Other Financing Sources (Uses) - - - - - - - - - - Excess (Deficiency) of Revenue and OtherSources Over (Under) Expenses & OtherFinancing Sources 686 (59,263) 163 36 20,888 483 498 376 46,242 (8,005)FUND BALANCE JULY 1 60,921 61,607 61,770 2,507 2,543 23,431 23,914 24,412 24,788 71,030 FUND BALANCE JUNE 30 61,607 61,770 2,507 2,543 23,431 23,914 24,412 24,788 71,030 63,025 2 of 5
ATTACHMENT 3
DEVELOPMENT IMPACT FEES10 YEAR AB 1600 DEVELOPMENT IMPACT FEE REVENUE/EXPENDITURE SUMMARYFY 2014 - FY 2023 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023
OFFSITE ARTERIAL IMPROVEMENT FEESREVENUE
Offsite Arterial Improvement Fees (5314) 10,192 - 1,456 1,456 11,648 - - - 26,208 - Interest 2,466 3,219 2,602 2,835 3,507 4,426 4,561 3,444 - 3,236 Total Revenues 12,658 3,219 4,058 4,291 15,155 4,426 4,561 3,444 26,208 3,236
EXPENDITURES
Total Expenditures - - - - - - - - - -
Total Revenue/over(under) Expenditures 12,658 3,219 4,058 4,291 15,155 4,426 4,561 3,444 26,208 3,236
OTHER FINANCING SOURCES (USES)
Operating Transfers in - - - - - - - - - -
Operating Transfers out - - - - - - - - - -
Total Other Financing Sources (Uses) - - - - - - - - - - Excess (Deficiency) of Revenue and OtherSources Over (Under) Expenses & OtherFinancing Sources 3,219 12,658 4,058 4,291 15,155 4,426 4,561 3,444 26,208 3,236 FUND BALANCE JULY 1 187,805 175,147 191,024 195,082 199,374 214,528 218,954 223,515 226,959 253,167 FUND BALANCE JUNE 30 187,805 191,024 195,082 199,374 214,528 218,954 223,515 226,959 253,167 256,404 3 of 5
ATTACHMENT 3
DEVELOPMENT IMPACT FEES10 YEAR AB 1600 DEVELOPMENT IMPACT FEE REVENUE/EXPENDITURE SUMMARYFY 2014 - FY 2023 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023
FIRE PROTECTION FEESREVENUE
Fire Protection Fees (5317) 2,100 - 134 176 600 1,800 - - - - Interest 102 127 103 115 145 211 226 170 - 144
Total Revenues 2,202 127 237 291 745 2,011 226 170 - 144
EXPENDITURES
Total Expenditures - - - - - - - - - -
Total Revenue/over(under) Expenditures 2,202 127 237 291 745 2,011 226 170 - 144
OTHER FINANCING SOURCES (USES)
Operating Transfers in - - - - - - - - - -
Operating Transfers out - - - - - - - - - -
Total Other Financing Sources (Uses) - - - - - - - - - - Excess (Deficiency) of Revenue and OtherSources Over (Under) Expenses & OtherFinancing Sources 127 2,202 237 291 745 2,011 226 170 - 144 FUND BALANCE JULY 1 7,424 5,222 7,551 7,788 8,080 8,825 10,836 11,061 11,232 11,232 FUND BALANCE JUNE 30 7,424 7,551 7,788 8,080 8,825 10,836 11,061 11,232 11,232 11,375 4 of 5
ATTACHMENT 3
DEVELOPMENT IMPACT FEES10 YEAR AB 1600 DEVELOPMENT IMPACT FEE REVENUE/EXPENDITURE SUMMARYFY 2014 - FY 2023 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023
COMMUNITY FACILITIES FEESREVENUE
Community Facilities Fees (5323) 3,150 - 450 3,600 450 - - 8,100 - Interest 234 306 248 278 60 87 24 - - -
Total Revenues 3,384 306 698 3,660 728 87 24 - 8,100 -
EXPENDITURES
Transfer to CIP10443 City Hall ADA Access - - - 19,000 - - - - - - Keller House Roof Repair Project 4,318 - - -
Total Expenditures - - - 19,000 - - 4,318 - - -
Total Revenue/over(under) Expenditures 3,384 306 698 (15,340) 728 (4,294) 87 - 8,100 -
OTHER FINANCING SOURCES (USES)
Operating Transfers in - - - - - - - - - -
Operating Transfers out - - - - - - - - - -
Total Other Financing Sources (Uses) - - - - - - - - - - Excess (Deficiency) of Revenue and OtherSources Over (Under) Expenses & OtherFinancing Sources 3,384 306 698 (15,340) 728 (4,294) 87 - 8,100 - FUND BALANCE JULY 1 14,432 17,816 18,122 18,820 19,548 4,208 4,294 0 0 0 FUND BALANCE JUNE 30 17,816 18,122 18,820 19,548 4,208 4,294 0 0 0 8,100 All FUND BALANCES 318,560 322,630 268,961 274,954 298,827 306,818 308,827 313,586 389,726 393,894 5 of 5
CITY OF CLAYTON
CITY COUNCIL
NOTICE OF AVAILABILITY OF INFORMATION
AB 1600 Account Information Related to Covered
Development Impact Fees
Notice Issue Date: Wednesday, November 8, 2023
Notice is hereby given that as of the date noted above the City of Clayton has made available to the public a draft report entitled “Annual Report on Development Fees for the Fiscal Year Ending June 30, 2023 in Compliance with the Reporting Requirements of California Government Code Section 66006.” This notice has been made publicly available on the City’s website at www.claytonca.gov as well as on public posting boards at least fifteen (15) days in advance of the public meeting at which the Annual Report will be presented in accordance with California Government Code Section 66006(b)(2).
The final report shall be considered by the City Council at a regularly scheduled City Council meeting on November 21, beginning at 7:00 pm or thereafter utilizing teleconferencing and electronic means consistent with the State of California Executive OrderN-29-20 dated March 17, 2020, regarding the Covid-19 pandemic. In accordance with this order, the public may view/listen to the meeting online at www.claytonca.gov where a link to Zoom will be provided.
The proposed Annual Report on Development Fees may be examined on the City’s website at www.claytonca.gov or in person at City Hall, 6000 Heritage Trail, Clayton, California.
Interested citizens are invited to attend and participate in the meeting and present written and/or oral testimony concerning the Annual Report. If one cannot attend the hearing, one may send written comments to the to the City Clerk at [email protected] prior to the hearing. For questions, please contact Prapti Aryal at 925-673-7300 or via email to [email protected]
_________________________________
Prapti Aryal
Finance Director
ATTACHMENT 5
Fee Single-Family Residential Multi-Family Residential Non-Residential Authority Payment Date Account Number Residential: Occupancy
Permit
Commercial/Industrial:
Zoning Clearance for
Building Permit
Offsite Arterial Street
Improvement $1,456.00 / Unit $1,019.00 / Unit
Commercial/
Business:
$3.37/Gross sq ft
City Council
Resolution Nos.
36-81 & 14-86
Zoning Clearance for
Building Permit 304-5314-00
Childcare1
$205.00 / Unit $205.00 / Unit $0.10/Gross sq ft Municipal Code § 16.60.050 Zoning Clearance for Building Permit 304-5307-00 Subdivision/Parcel Maps:
Final Map Approval
Individual Parcels:
Zoning Clearance for
Building Permit
Fire Development
Protection $300.00 / Unit (Mobile Home: $200.00
/ Unit)
$200.00 / Unit $0.20/Gross sq ft Municipal Code § 3.18.040 Occupancy Permit 304-5317-00 1 Senior housing units, second-dwelling units, affordable housing units, and churches are exempt.
Last Revised: April 10, 2009
CITY OF CLAYTON
AB 1600 DEVELOPMENT IMPACT FEES
- NOTE ALL FEES LISTED ARE SUBJECT TO CHANGE -
Municipal Code
§ 16.12.010 $0.00
$1,666.00 / Unit
(Duplex $2,180.00/
Unit)
Parkland Dedication $2,569.00 / Unit 304-5312-00
304-5323-00 Municipal Code § 3.16.020 Commercial/ Industrial: $0.50/Gross sq ft $450.00 / Unit $125.00 / Unit Community Facilities Development 1 of 1
(Back to Agenda)
Agenda Item 4.d Page 1 of 1 November 21, 2023
Agenda Item 4.d
STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Amy Walcker, Executive Assistant to City Manager/HR Manager DATE: November 21, 2023
SUBJECT: Authorize Submittal of Application(s) for All CalRecycle Grants for which the City of Clayton is Eligible
RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution allowing the City to submit any CalRecycle grants for which the City is eligible.
BACKGROUND
CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.
DISCUSSION
The attached Resolution will allow staff to apply for all applicable CalRecycle grants. These funding opportunities will provide the City with assistance, assuming the funding is received, to implement the requirements of Senate Bill (SB) 1383.
FISCAL IMPACTS
The ability to submit for various CalRecycle grants will assist the City in having funding opportunities related to implementing all the requirements for SB 1383.
ATTACHMENTS
Resolution
Resolution No. __-2023 Page 1 of 2 November 21, 2023
RESOLUTION NO. ___-2023
RESOLUTION OF THE CITY OF CLAYTON
AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE
GRANTS FOR WHICH THE CITY OF CLAYTON IS ELIGIBLE
THE CITY COUNCIL
City of Clayton, California
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.
NOW, THEREFORE, BE IT RESOLVED that the City of Clayton authorizes the submittal of application(s) to CalRecycle for all grants for which the City of Clayton is eligible; and
BE IT FURTHER RESOLVED that the City Manager, or his/her designee is hereby authorized and empowered to execute in the name of the City of Clayton all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and
BE IT FURTHER RESOLVED that these authorizations are effective for five (5) years from the date of adoption of this resolution.
AYES:
NOES:
ABSENT:
ABSTAIN:
THE CITY COUNCIL OF CLAYTON, CA
Jeff Wan, Mayor
Resolution No. __-2023 Page 2 of 2 November 21, 2023
ATTEST:
City Clerk
(Back to Agenda)
Agenda Item 4.e Page 1 of 3 November 21, 2023
Agenda Item 4.e
STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Dana Ayers, AICP, Community Development Director
DATE: November 21, 2023
SUBJECT: Approve by Minute Order the City of Clayton Pre-Reviewed Accessory Dwelling Unit Plan Program and Authorize Staff to Implement the Program
RECOMMENDATION
Staff recommends that the City Council, by minute order, approve the City of Clayton PreReviewed Accessory Dwelling Unit (ADU) Plan Program and authorize staff to implement and promote the program upon completion of the plan check process.
BACKGROUND
On December 17, 2019, the City Council adopted Resolution No. 50-2019 authorizing City staff to submit an application for funding through the Senate Bill 2 Planning Grants Program (SB 2 PGP) implemented by the State Department of Housing and Community Development. The scope, in part, of the planning efforts to which the grant funds were to be applied included revision of the City’s ADU ordinance to align with State law and creation of pre-designed architectural plans for ADUs. The intent of the program was to streamline the permitting process for construction of ADUs by eliminating the time and cost a property owner would have to spend on preparation and full plan check of individual plans for a new ADU on a residential property.
DISCUSSION
On March 1, 2022, the City Council approved a professional services agreement with Precision Civil Engineering (PCE) for preparation of an ADU brochure and up to six predesigned ADU architectural plans. PCE had previously supported the City of Oakley in their efforts to implement a similar ADU plan program, which the Oakley City Council adopted in October 2021. The program for Clayton expands upon Oakley’s efforts and includes include six unique floor plans, four of which were in Oakley’s program and were each one- to two- Agenda Item 4.e Page 2 of 3 November 21, 2023
bedroom plans. The two additional floor plans added for Clayton’s program consist of smaller units (one studio and one two-bedroom) to provide additional options for more costeffective units for property owners with smaller construction budgets. PCE also prepared a more general guidebook with narrative instructions and permitting process outlines for property owners interested in building an ADU.
The six floor plans in Clayton’s ADU program consist of the following:
• 375 square foot studio unit (added for Clayton’s program) • 550 square foot one-bedroom, one-bathroom unit
• 740 square foot two-bedroom, one-bathroom unit (added for Clayton’s program) • 850 square foot one-bedroom, one-bathroom unit
• 1,000 square foot two-bedroom, one-bathroom unit
• 1,200 square foot two-bedroom, two-bathroom unit
Each floor plan offers the potential builder a choice of three different exterior elevation styles.
The styles, summarized below, were selected based on the housing styles observed in Clayton’s neighborhoods and in its specific plan design guidelines, and can be further customized according to the builder’s preference and budget:
- California Ranch (Elevation A): vertical siding, optional stone or brick veneer wainscot, window trim and shutters
- Bungalow (Elevation B): stucco exterior, board and batten siding under roof eaves - Farmhouse (Elevation C): horizontal siding, shingle siding under roof eaves, decorative brackets and window boxes
The design model workbook attached to this staff report will be made available to the public and includes renderings of the three different elevations styles, for each of the six floor plans. Potential builders of ADUs who opt to use the pre-reviewed plan program will have access to the plan and elevation drawing of their choice. It should be noted that property owners who utilize the program will still have to use design professionals to create site plans, energy-efficiency plans, truss calculations and (potentially) soils studies, as these components of the plan submittal are unique to the site on which the ADU would be constructed. However, the architectural design, framing, plumbing, mechanical and electrical details of each plan are included within each plan set and have been reviewed by Contra Costa County Building Department plan checkers. Despite the site-specific plan submittal requirements, staff anticipates that the program will result in time savings in the plan check process, in addition to a portion of the costs of design, for property owners who choose to use the program.
Staff anticipates the program will be fully ready to launch within 60 days, following completion of County Building Department plan check of the third submittal of design drawings.
Staff notes further that implementation of the pre-reviewed ADU plan program will meet the intent of Senate Bill 1332 (Carrillo), approved by the Governor on October 11, 2023, which imposes an obligation on local agencies to develop a program for the pre-approval of ADU plans, by January 1, 2025.
Agenda Item 4.e Page 3 of 3 November 21, 2023
FISCAL IMPACTS
The approximately $80,000 to develop the City of Clayton Pre-reviewed ADU Plan Program, including preparation and plan check of drawings and plan sets, are reimbursable expenses under the SB 2 PGP. Staff anticipates that there will be ongoing expenses to implement the program, including nominal costs to publish plans and the design model guidebook.
More notably, staff anticipates ongoing expenses for the County Building Department to recheck the plans for compliance with applicable building codes, which are revised every other year with the next code cycle change occurring in January 2025. Based on the costs for plan check of this initial set, staff estimates the plan check fees and revisions (if needed) at roughly $5,000, or an average of $2,500 per year that the program is operational.
Due to the termination of the SB 2 PGP at the end of this calendar year, future plan check costs will not be reimbursable through the same grant that funded the initiation of the program. There are currently no costs to residents to use the plans, though the Council may consider incorporating into next year’s fee schedule update a small charge for users to purchase the plans, with the revenue offsetting the ongoing costs for periodic code compliance plan checks as building code cycles change.
ATTACHMENTS
ADU Design Model Workbook
CITY OF CLAYTON
PRE-REVIEWED ADU PROGRAM
Last Updated August 2023
ACCESSORY DWELLING UNIT
DESIGN MODEL WORKBOOK
INTRODUCTION
2 INTRODUCTION
The City of Clayton Pre-Reviewed ADU Plan Program is an optional and voluntary program that provides pre-designed and pre-reviewed plan sets for detached ADUs, including floor plans, structural plans, calculations, and elevations to Clayton residents and property owners. By offering pre-reviewed plans, the Program helps interested participants reduce design costs and the overall time it takes to receive a building permit.
BENEFITS OF PARTICIPATING IN THE PROGRAM
Reduce design costs - Save costs on architectural/ design services, structural engineering services, and plan check fees. Enjoy a streamlined permitting process – Plans are already reviewed for compliance with the current building code. Don't sweat the details – Plans already mee the required height, living provisions, maximum size, foundation, and architectural standards.
CITY OF CLAYTON ADU PRE-REVIEWD PROGRAM – DESIGN MODEL WORKBOOK
This Accessory Dwelling Unit Design Model Workbook shows the floor plans and elevations that are provided as part of the PRE-REVIEWED plan sets. The Program provides a choice of six (6) floor plans and three (3) elevations, totaling 18 different plan sets. Review your options and select a layout and style that fits your property. Contact the City of Clayton Community Development Department at (925) 673-7300 for the full plan set once you have chosen the one you like and is ready to apply for a building permit. 375 sf. Studio/1 Bath
550 sf. 1 Bed/1 Bath
740 sf. 2 Bed/1 Bath
850 sf. 1 Bed/1 Bath
1,000 sf. 2 Bed/1 Bath
1,200 sf. 2 Bed/2 Bath
Pre-Reviewed Plan Options
ELEVATIONS
“California Ranch”–
Stone/brick veneer with vertical siding and shutters
“Bungalow” –
Vertical board and batten siding with stucco
“Farmhouse” –
Horizontal siding with window sell box
LAYOUTS
LAYOUT OPTIONS
4 FLOOR PLAN OPTION 1: 375 SQUARE FEET / STUDIO / 1 BATHROOM The 375 square feet floor plan provides essential components of a home: a bed, living room space, kitchen, stacked washer/dryer closet, and a bathroom. This is a great choice for homeowners on smaller lots searching for a separate living space with least construction costs. All spaces are designed to fit standard-sized appliances that can be bought at your local stores.
DETAILS
• One (1) bathroom
• Stacked washer/dryer closet
• Kitchen with pantry closet
• Dining countertop
• Living room
• Three (3) windows
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK
FLOOR PLAN OPTION 2: 550 SQUARE FEET / 1 BEDROOM / 1 BATHROOM The 550 square feet floor plan provides all components of a home: a bedroom, living room space, kitchen, stacked washer/dryer closet, a bathroom, and multiple storage space. This is a great choice for homeowners on smaller lots searching for a separate living space with less construction costs. All spaces are designed to fit standard-sized appliances that can be bought at your local stores.
DETAILS
• One (1) bedroom
• One (1) bathroom
• Stacked washer/dryer closet
• Kitchen with pantry closet
• Dining countertop
• Living room
• Four (4) windows
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK
FLOOR PLAN OPTION 3: 740 SQUARE FEET / 2 BEDROOMS / 1 BATHROOM The 740 square feet floor plan provides 2 bedrooms, living room space, kitchen, dining room space, washer/dryer closet, a bathroom, and multiple storage space. The living, dining, and galley kitchen flow together in one open space. All spaces are designed to fit standard-sized appliances that can be bought at your local stores.
DETAILS
• Two (2) bedrooms
• One (1) bathroom
• Washer/dryer closet
• Kitchen with pantry closet
• Dining room
• Living room
• Six (6) windows
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK
FLOOR PLAN OPTION 4: 850 SQUARE FEET / 1 BEDROOM / 1 BATHROOM The 850 square feet floor plan provides a bedroom, living room space, kitchen, dining room space, washer/dryer closet, a bathroom, and multiple storage space. The living, dining, and galley kitchen flow together in one large open space. All spaces are designed to fit standardsized appliances that can be bought at your local stores.
DETAILS
• One (1) bedroom
• One (1) bathroom
• Washer/dryer closet
• Kitchen with pantry closet
• Dining room
• Living room
• Five (5) windows
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK
FLOOR PLAN OPTION 5: 1,000 SQUARE FEET / 2 BEDROOMS / 1 BATHROOM The 1,000 square feet floor plan provides 2 bedrooms (one with a walk-in closet), living room space, kitchen, dining room space, washer/dryer closet, a bathroom, and multiple storage space. The living, dining, and galley kitchen flow together in one large open space. All spaces are designed to fit standard-sized appliances that can be bought at your local stores.
DETAILS
• Two (2) bedrooms
• One (1) walk-in closet
• One (1) bathroom
• Washer/dryer closet
• Kitchen with pantry closet
• Dining room
• Living room
• Six (6) windows
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK
FLOOR PLAN OPTION 6: 1,200 SQUARE FEET / 2 BEDROOMS / 2 BATHROOMS The 1,000 square feet floor plan provides 2 bedrooms (one with a walk-in closet), living room space, kitchen, dining room space, washer/dryer closet, a bathroom, and multiple storage space. The living, dining, and galley kitchen flow together in one large open space. All spaces are designed to fit standard-sized appliances that can be bought at your local stores.
DETAILS
• Two (2) bedrooms
• One (1) walk-in closet
• Two (2) bathrooms
• Washer/dryer closet
• Kitchen with pantry closet
• Dining room
• Living room
• Six (6) windows
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK
ELEVATION OPTIONS
11 CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK ELEVATION OPTION A: CALIFORNIA RANCH
The California Ranch architectural style primary characteristic is stone/brick veneer with vertical siding and shutters.
3D Rendering of the 740-sf., Elevation A: California Ranch Front Elevation (375-sf.)
Rear Elevation (375-sf.) Right Elevations (375-sf.)
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK ELEVATION OPTION A: CALIFORNIA RANCH – 375 square foot floor plan Left Elevations (375-sf.)
Front Elevation (550-sf.)
Rear Elevation (550-sf.) Right Elevations (550-sf.)
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK ELEVATION OPTION A: CALIFORNIA RANCH – 550 square foot floor plan Left Elevations (550-sf.)
Front Elevation (740-sf.)
Rear Elevation (740-sf.) Right Elevations (740-sf.)
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK ELEVATION OPTION A: CALIFORNIA RANCH – 740 square foot floor plan Left Elevations (740-sf.)
Front Elevation (850-sf.)
Rear Elevation (850-sf.)
Right Elevations (850-sf.)
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK ELEVATION OPTION A: CALIFORNIA RANCH – 850 square foot floor plan Left Elevations (850-sf.)
Front Elevation (1,000-sf.)
Rear Elevation (1,000-sf.)
Right Elevations (1,000-sf.)
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK ELEVATION OPTION A: CALIFORNIA RANCH – 1,000 square foot floor plan Left Elevations (1,000-sf.)
Front Elevation (1,200-sf.)
Rear Elevation (1,200-sf.)
Right Elevations (1,200-sf.)
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK ELEVATION OPTION A: CALIFORNIA RANCH – 1,200 square foot floor plan Left Elevations (1,200-sf.)
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK ELEVATION OPTION B: BUNGALOW
The Bungalow architectural style primary characteristic is vertical boards with stucco on the sides.
3D Rendering of the 740-sf., Elevation B: Bungalow
Front Elevation (375-sf.)
Rear Elevation (375-sf.) Right Elevations (375-sf.)
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK ELEVATION OPTION B: BUNGALOW– 375 square foot floor plan Left Elevations (375-sf.)
Front Elevation (550-sf.)
Rear Elevation (550-sf.) Right Elevations (550-sf.)
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK ELEVATION OPTION B: BUNGALOW – 550 square foot floor plan Left Elevations (550-sf.)
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK ELEVATION OPTION B: BUNGALOW – 740 square foot floor plan
Front Elevation (740-sf.)
Rear Elevation (740-sf.)
Left Elevations (740-sf.) Right Elevations (740-sf.)
Front Elevation (850-sf.)
Rear Elevation (850-sf.)
Right Elevations (850-sf.)
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK ELEVATION OPTION B: BUNGALOW – 850 square foot floor plan Left Elevations (850-sf.)
Front Elevation (1,000-sf.)
Rear Elevation (1,000-sf.)
Right Elevations (1,000-sf.)
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK ELEVATION OPTION B: BUNGALOW – 1,000 square foot floor plan Left Elevations (1,000-sf.)
Front Elevation (1,200-sf.)
Rear Elevation (1,200-sf.)
Right Elevations (1,200-sf.)
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK ELEVATION OPTION B: BUNGALOW – 1,200 square foot floor plan Left Elevations (1,200-sf.)
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK ELEVATION OPTION C: FARMHOUSE
The Farmhouse architectural style primary characteristic is horizontal boards on all sides.
3D Rendering of the 740-sf., Elevation C: Farmhouse
Front Elevation (375-sf.)
Rear Elevation (375-sf.) Right Elevations (375-sf.)
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK ELEVATION OPTION C: FARMHOUSE – 375 square foot floor plan Left Elevations (375-sf.)
Front Elevation (550-sf.)
Rear Elevation (550-sf.) Right Elevations (550-sf.)
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK ELEVATION OPTION C: FARMHOUSE – 550 square foot floor plan Left Elevations (550-sf.)
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK ELEVATION OPTION C: FARMHOUSE – 740 square foot floor plan
Front Elevation (740-sf.)
Rear Elevation (740-sf.)
Left Elevations (740-sf.) Right Elevations (740-sf.)
Front Elevation (850-sf.)
Rear Elevation (850-sf.)
Right Elevations (850-sf.)
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK ELEVATION OPTION C: FARMHOUSE – 850 square foot floor plan Left Elevations (850-sf.)
Front Elevation (1,000-sf.)
Rear Elevation (1,000-sf.)
Right Elevations (1,000-sf.)
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK ELEVATION OPTION C: FARMHOUSE – 1,000 square foot floor plan Left Elevations (1,000-sf.)
Front Elevation (1,200-sf.)
Rear Elevation (1,200-sf.)
Right Elevations (1,200-sf.)
CITY OF CLAYTON ADU PRE-REVIEWED PROGRAM – DESIGN MODEL WORKBOOK ELEVATION OPTION C: FARMHOUSE – 1,200 square foot floor plan Left Elevations (1,200-sf.)
CITY OF CLAYTON
Accessory Dwelling Unit Design Model Workbook
6000 HERITAGE TRAIL
CLAYTON, CA 94517
Tel. (925) 673-7300
Liz Abbot
In Acknowledgement of Exemplary Service to the
Clayton Community
Is Hereby Recognized as an
Unsung Hero
City of Clayton, California
November 2023
Agenda Item 5.a
(Back to Agenda)
(Back to Agenda)
Agenda Item 8.a Page 1 of 3 November 21, 2023
Agenda Item 8.a
STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Prapti Aryal, Finance Director
DATE: November 21, 2023
SUBJECT: Accept the Quarterly Financial Reports on the City’s Investment Portfolio for the Period Ending September 30, 2023
RECOMMENDATION
Staff recommends the City Council accept the City Investment Portfolio Report for the first quarter of the fiscal year 2023-2024 ending September 30, 2023.
BACKGROUND
All local government agencies are required to file regular financial reports with their legislative body on the status of their investment portfolio. One of the roles of the City’s Finance Department is to manage investments in the City’s Funds to ensure that cash flow needs are met.
This report includes:
1. The type of investment, issuer, date of maturity, and par and dollar amount invested on all securities, investments and funds held by the City;
2. A current market value as of the date of the report;
3. A stated compliance of the portfolio to the statement of the City’s adopted investment policy, or manner in which the portfolio is not in compliance; and
4. A statement denoting the ability of the local agency to meet its pool’s expenditure requirements for the next six months or provide an explanation as to why sufficient money may or may not be available.
The attached quarterly reports were prepared by UBS Financial Services, with a revised format that provides enhanced reporting with more analysis, better graphics, and an expanded analysis of the City’s Investment Portfolio. UBS Financial Services is a Warren, New Jersey based firm with municipal clients throughout California and the United States.
Agenda Item 8.a Page 2 of 3 November 21, 2023
DISCUSSION
The quarterly financial reports summarize the status of pooled treasury investments as of September 30, 2023. For the most recent quarter, the City-held treasury investments consisted of investments with a book value of $14.5 million. The largest amount of the City’s portfolio continues to be CDs followed by government securities and 100% liquid investments, including money markets, and pooled investment funds. The staff has been focusing on prioritizing the portfolio diversification by investing in US Treasury Bills and other investments like medium term notes (“corporate bonds”) and municipal bonds to balance the portfolio.
The City’s investments are held in the Local Agency Investment Fund (LAIF), the California Asset Management Program (CAMP), and financial broker firm UBS. The concentration in LAIF liquid market investment is 6.20% less than last quarter since the funds were transferred to CAMP, which has a higher yield. The total portfolio in LAIF and CAMP is
12.00%. Staff continue seeking to increase portfolio returns through other higher-yielding investments in compliance with the City’s adopted Investment Policy.
The following is a summary of performance by investment type.
The following statements are summarized from the quarterly investment portfolio review provided by UBS Financial Services. For the quarter ending September 30, 2023, the return on the City’s portfolio is 2.09%, this is up 0.10% from the previous quarter ending June 30, 2023, when the Yield to Maturity (YTM) was 1.99%. The investment average duration is
1.70 years, which is 0.24 years shorter since the last quarterly financial investment review.
The Portfolio consists of $7.8 million of Insured CDs, $2.7 million of US Treasuries and $702,000 of US Federal Agency Bonds. The expected Annual Cash Flow is $228,015. This is $23,895 higher than last quarter and should be expected to move higher as lower investment rates mature and funds are reinvested into higher yielding investments.
It should be noted that the gain or loss within a given quarter is unrealized since the City intends to hold the securities to maturity. The “Book Value” represents what the City paid for the security whereas “Market Value” is a constantly changing amount based on the current Investment Type Par value Rate Current
Yield Market Value Percentage of Portfolio
California Asset Management Program $ 1,648,454.30 5.55% 5.55% 1,648,454.30 $ 11.82% Local Agency Investment Fund $ 25,851.34 3.53% 3.53% 25,851.34 $ 0.19% US Federal Agency Bonds $ 826,162.73 n/a n/a $ 828,168.36 5.94% CDs (Insured) $ 8,338,817.50 varies by holding varies by holding $ 7,859,616.87 56.34% US Treasury Notes $ 2,734,415.50 varies by holding varies by holding $ 2,611,622.90 18.72% UBS Accrued Interest $ - $ 42,286.03 0.30%
BoA Operating Account $ 933,461.18 $ 933,461.18 6.69%
Total Investment $ 14,507,162.55 $ 13,949,460.98
Agenda Item 8.a Page 3 of 3 November 21, 2023
value. Market values fluctuate with changes in interest rates, and price has an inverse relationship to interest rates. Thus, while the City is required to calculate market values on an ongoing basis, at maturity the investment will achieve the stated “Yield to Maturity” based on the Book Value, or what the City paid for the security. Overall, the book value of the portfolio exceeds market value by $517,839 for the quarter ending September 30, 2023.
Increasing interest rates decrease the value of the portfolio, although a loss would not be realized unless certain assets were to be sold prior to the maturity date.
In the current quarter, staff will continue to evaluate liquidity needs and, where possible, continue the investment in higher yielding securities focusing on the stability of the investment.
FISCAL IMPACTS
The investment portfolio earned an interest return of approximately $52K for the quarter ending September 30, 2023. This is a steady increase in portfolio yield during the last 6 months and is expected to increase continuously as staff are reinvesting the lower yielding investments and reinvesting the fund into higher yielding options.
ATTACHMENTS
1. Investment Portfolio Review from UBS
2. Consolidated Investment Summary July 2023 through September 2023
3. Quarterly Investment Report as of September 30, 2023
Investment Account Investment Type Institution Cost Basis Rate Current Yield Market Value Percentage of Portfolio CAMP Local Agency Pool California Asset Management Program $ 5.55% 5.55% 1,648,454.30 1,648,454.30 $ 11.82%LAIF Local Agency Pool Local Agency Investment Fund $ 3.53% 3.53% 25,851.34 25,851.34 $ 0.19%UBS Financial Services Inc. Cash UBS Cash Holding/Alternatives $ 826,162.73 n/a n/a $ 828,168.36 Fixed Income UBS - Certificates of Deposit $ 8,338,817.50 varies by holding varies by holding $ 7,859,616.87 Fixed Income UBS - Government Securities $ 2,734,415.50 varies by holding varies by holding $ 2,611,622.90Fixed Income UBS- Accrued Interest for the quarter $ 42,286.03 Total UBS Finanical Services $ 11,341,694.16 11,899,395.73 $ 81.31% Bank of America Checking (General Ledger - book value) 933,461.18 0.00% 0.00% 6.69% 933,461.18 Total Investment Portfolio 14,507,162.55 13,949,460.98
as of 9/30/2023
Budgeted Actual
General Fund $ 18,458 133,795 $
All Other Funds $ 33,579 2,300 $
Total 136,095 $ 52,037 $
Budget to Actual Analysis of Interest Revenue
7/1/2023-6/30/2024
αβ γγ October 9, 2023
Investment Portfolio Review
Prepared for:
City of Clayton
Market Overview – August data showed a slight uptick in headline and core CPI, but inflation has come down sharply from its peak last June as it heads back toward the Fed’s 2% target. At the same time, labor markets continue to cool in a healthy way, giving the Fed less incentive to hike further from here. As a result, we believe the US economy will likely avoid a recession over the next 12 months, and think a soft landing is the most likely outcome.
Market fundamentals also now look in better shape, with second-quarter US corporate earnings beating expectations and management teams guiding for future earnings growth beyond estimates. Taking this all together, we see an environment that supports decent returns across classes—a supportive backdrop for investors in a well diversified portfolio.
Growth has remained above-trend over the past 12 months despite aggressive rate hikes by the Federal Reserve and stress in the banking system. But we expect growth to slow from here. Households have used up a lot of the excess savings built up during the pandemic, and loan delinquencies are rising. New industrial policies related to computer chips and green energy have promoted economic activity, but the rapid pace of growth cannot be sustained for much longer. Resilient growth has made it difficult for the Fed to get inflation near its 2% target. However, supply chain issues have mostly been resolved, reducing inflationary pressure at the producer level, and this is now feeding through to retail prices. Broad disinflation has taken hold, while shelter is the main factor keeping inflation high. Recent data has been in a range that could allow the Fed to end its rate hiking cycle.
Current Portfolio Observations - Current Yield is 2.09%, this is up 0.10% from 3 months ago, the average duration is 1.70 years, this is 0.24 years shorter than 3 months ago. The Portfolio consists of $7.8 million of Insured CDs, $2.75 million if US Treasuries and $702,000 of US Federal Agency Bonds. Expected Annual Cash Flow is $228,015 this is $23,895 higher than last quarter, should be expected to move higher as lower investment rates mature and funds are reinvested into higher yielding investments.
Portfolio Considerations
1. Breakeven Analysis on selling some lower yielding investments and reinvesting the funds into higher yielding options. Thus far losses have been too high to breakeven.
2. Based on Investment Policy, consider High Grade Corporate Bonds, yields are +5.75% to 6.00%and spreads are attractive based on historical averages.
3. Bank and Credit Unions CDs in the 1yr-5yr range are also attractive options for excess liquidity, yields range from 5.00% to 5.80%.