Clayton City Council
May 7, 2024

_____________________________________________________________________________________________ City Council Agenda May 7, 2024 Page 1

CLAYTON CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, May 7, 2024
7:00 p.m.

Hoyer Hall, Clayton Community Library
6125 Clayton Road, Clayton, CA 94517
Zoom Videoconference and Call-in:

Webinar: https://us02web.zoom.us/j/81342918951
Telephone: 1 + (669) 900 - 9128 Webinar ID: 813 4291 8951

1. CALL TO ORDER AND ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. PUBLIC COMMENT ON NON - AGENDA ITEMS
Members of the public may address the City Council on non-agendized items within the Council’s jurisdiction. To ensure an orderly meeting and an equal opportunity for everyone, each speaker is limited to three (3) minutes, or the time established by the Mayor. 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 other agenda items will be allowed when each item is considered by the Council.

Jim Diaz, Mayor
Kim Trupiano, Vice Mayor 0BPeter Cloven, Councilmember
Holly Tillman, Councilmember Jeff Wan, Councilmember
_____________________________________________________________________________________________ City Council Agenda May 7, 2024 Page 2

4. CONSENT CALENDAR
Consent Calendar items are typically routine in nature and are considered for approval by one single motion. 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. Approval of Meeting Minutes
i. April 16, 2024
ii. April 30, 2024
(City Clerk) (View)
b. Adopt a Resolution renewing the authorization to invest monies in the Local Agency Investment Fund (“LAIF”) in accordance with Section 16429.1 of the California Government Code. LAIF is a pooled investment fund managed by the State of California Treasures Office. (City Manager) (View)
c. Adopt a Resolution accepting the Playground Mat Replacement at The Grove performed by SPEC as complete; approving the Notice of Completion and directing the City Clerk to record same with the County Recorder; and authorizing the payment of all retained funds to SPEC 35 days after recording the Notice of Completion. (Community Development Director)
(View)
d. Adopt a Resolution making findings and declaring pursuant to Government Code section 54221 that certain real property located near the intersection of Clayton Road and Peacock Creek Drive comprising 1 acre of assessor’s parcel no. 118-370-077 and 4 acres of assessor’s parcel no. 118-520-011 is non-exempt surplus land, authorizing the City Manager to comply with the Surplus Land Act (Community Development Director)
(View)
e. Adopt a Resolution ordering the levying of a Special Tax for Fiscal Year 2024/25 within the High Street Permanent Road Division for the repayment of funds advanced for the reconstruction of the bridge and future maintenance. (City Engineer)
(View)
f. Adopt a Resolution confirming the levy of assessments for Fiscal Year 2024/25 within the Lydia Lane Sewer Assessment District for the repayment of bonds issued for the construction of municipal sanitary sewers. (City Engineer)
(View)
_____________________________________________________________________________________________ City Council Agenda May 7, 2024 Page 3
g. Adopt a Resolution ordering the levying of a Special Tax for Fiscal Year 2024/25 within the Oak Street Permanent Road Division for the future maintenance and administration. (City Engineer)
(View)
h. Adopt a Resolution confirming the levying of assessments for Fiscal Year 2024/25 within the Oak Street Sewer Assessment District for the repayment of bonds issued for the construction of municipal sanitary sewers. (City Engineer)
(View)
i. Approve an agreement with Waraner Brothers Tree service, for annual weed abatement services on City-owned public properties within the Landscape Maintenance District, for a term of May 1, 2024 through April 30, 2025, with an option for three (3) one-year extensions, for a total of four years. (Maintenance Supervisor)
(View)

5. RECOGNITIONS AND PRESENTATIONS
a. Proclamation Honoring Ed Moresi
b. Prescribed Fire Presentation (Mount Diablo State Park) c. Countywide 2024 Local Hazard Mitigation Plan (Community Development Director)
(View)

6. REPORTS
a. City Manager / Staff
• Link to ClearGov Transparency Portal:
https://cleargov.com/california/contra-costa/city/clayton/checkbook

7. PUBLIC HEARINGS
(There are no Public Hearings scheduled for this meeting.)

8. ACTION ITEMS
a. Authorize the City Manager to execute Amendment No. 1 to the City of Clayton’s Professional Services Agreement with Theis Engineering & Associates for City Engineering Services which will extend the term of the agreement by one year from June 30, 2024 to June 30, 2025. (City Engineer)
(View)
_____________________________________________________________________________________________ City Council Agenda May 7, 2024 Page 4
b. Provide staff with direction on restriping Mountaire Parkway between Marsh Creek Road and Mountaire Circle (south, swim pool) from four to two traffic lanes. (City Engineer)
(View)

9. COUNCIL ITEMS – Limited to Council requests and directives for future meetings.

10. COUNCIL REPORTS

11. ADJOURNMENT
The next regularly scheduled meeting of the City Council will be May 21, 2024. _____________________________________________________________________________________________ City Council Agenda May 7, 2024 Page 5
Meeting Information and Access
• A complete packet of information containing staff reports and exhibits related to each public item is available for public review in City Hall located at 6000 Heritage Trail and on the City’s website at www.claytonca.gov
• Agendas are posted at: 1) City Hall, 6000 Heritage Trail; 2) Library, 6125 Clayton Road; 3) Ohm’s Bulletin Board, 1028 Diablo Street, Clayton; and 4) City Website at www.claytonca.gov
• Any writings or documents provided to a majority of the City Council after distribution of the agenda packet and regarding any public item on this agenda will be made available for public inspection in the City Clerk’s office located at 6000 Heritage Trail during normal business hours and is available for review on the City’s website at www.claytonca.gov
• If you have a physical impairment requiring special accommodation to participate, please call the City Clerk’s office at least 72 hours (about 3 days) before the meeting on (925) 673-7300.

Remote Access
The public may attend City Council meetings 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.

1. Videoconference: Click or visit the link on the front page of the meeting agenda.

To access the webinar, you may download the Zoom client application or connect to the meeting in the web browser. You will be asked to enter your email address and name.

When the Mayor calls your item of interest, click the “raise hand” icon to be added to the speaker queue. The Clerk will identify you by name and you will hear “you have been unmuted” when it is your turn to provide public comment.

2. Phone-in: Dial the telephone number provided on the front page of the agenda.

When prompted, enter the meeting ID. Once connected you will hear the meeting discussions but will remain muted. When your item of interest is called, please dial *9 to “raise hand” and be added to the speaker queue. The Clerk will identify you by the last 4-digits of your phone number and you will hear “you have been unmuted” when it is your turn to provide public comment. To toggle between mute/unmute on your device, please dial *6.
_____________________________________________________________________________________________ City Council Agenda May 7, 2024 Page 6

3. E-mail Public Comments: Public comment may also be sent to the City Clerk at [email protected] by 5:00 p.m. on the day of the meeting. All e-mailed public comments will be forwarded to the entire City Council and made part of the official meeting file.

Each person attending the meeting in-person, via videoconference, or call-in and who wishes to speak on an agendized or non-agendized matter (within the council’s jurisdiction), shall have a set amount of time to speak as determined by the Mayor. ____________________________________________________________________________ City Council Minutes April 16, 2024 Page 1

MINUTES
OF THE

REGULAR MEETING

CLAYTON CITY COUNCIL
TUESDAY, April 16, 2024

1. CALL TO ORDER AND ROLL CALL – The meeting was called to order at 7:00 p.m. by Mayor Diaz 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 Diaz, Vice Mayor Trupiano, and Councilmembers Cloven, Tillman, and Wan. Staff present: Interim City Manager Adam Politzer, Finance Director Prapti Aryal, City Engineer Larry Theis, Police Chief Richard McEachin, City Attorney Joanna Gin, and City Clerk Stephanie Cabrera-Brown.

2. PLEDGE OF ALLEGIANCE – Led by Mayor Diaz.

3. PUBLIC COMMENT ON NON - AGENDA ITEMS
Keith Hayden – Spoke regarding concerns about staff turnover and requested the City Council investigate the reason.

H. Ray Asemi – Spoke regarding concerns about the set-up of the Oakhurst Country Club Solar Panel project.

Ed Hartley – Spoke regarding a social media post that discusses the CBCA and City Council.

Lauren Kindorf – Spoke regarding concerns about staff turnover and requested the City Council investigate the reason.

Rebecca Nolen – Spoke regarding concerns about- staffing turnover.

Bill Walcott – Welcomed the Interim City Manager, asked for an update on the Olivia Project parking, and requested that the community be engaged in the selection process of the next City Manager.

Terri Denslow - Spoke regarding concerns about staff turnover and requested the City Council investigate.

Gary Hood – Spoke regarding City Managers and the community culture.

4. CONSENT CALENDAR
It was moved by Councilmember Wan, seconded by Vice Mayor Trupiano, to approve the Consent Calendar item 4(a) – 4 (b) as submitted. (Passed 5-0). a. Approval of April 2, 2024, Meeting Minutes
(City Clerk)
DRAFT 4b Attachment 1
(Back to Agenda)
____________________________________________________________________________ City Council Minutes April 16, 2024 Page 2
b. Adopt a Resolution directing the preparation of an Engineer’s Report for the Diablo Estates Benefit Assessment District, to initiate the process for setting the annual assessments for landscape and weed abatement services on the properties within the Diablo Estates subdivision. This assessment is collected through the property taxes collected by the County. (City Engineer) Resolution 13-2024

5. RECOGNITIONS AND PRESENTATIONS
(There are no Recognitions or Presentations scheduled for this meeting.)

6. REPORTS
a. City Manager / Staff
• Link to ClearGov Transparency Portal:
https://cleargov.com/california/contra-costa/city/clayton/checkbook Mayor Diaz introduced the new Interim City Manager, Adam Politzer, who then provided his professional background and shared his goals for the time he is with the City of Clayton.

7. PUBLIC HEARINGS
(There were no Public Hearings scheduled for this meeting.)

8. ACTION ITEMS
a. Consider the recommendation from the Budget & Audit Committee to appoint Frank Gavidia to seat 3 and renew the term for existing members: Hank Stratford and Howard Kaplan, to the Community Financial Sustainability Committee for two-year terms expiring December 31, 2026. (Finance Director) Finance Director Prapti Aryal provided an overview of the Financial Sustainability Committee and selection/appointment process. Following discussion by the City Council, Mayor Diaz opened the item to public comment:

Scott Denslow – Shared concerns regarding the candidate being appointed to seat 3.

Bill Walcott – Spoke in support of the appointments.

Howard Kaplan – Spoke regarding his qualifications, requested a written brief on the Brown Act and how the committee complies with it. Mr. Kaplan also requested to hear from individual council members on their expectations/scope of work and other input on the work the committee will be focusing on.

Hank Stratford spoke regarding his qualifications and his previous experience working with the Clayton City Budget as a former city council member.

DRAFT 4b Attachment 1

____________________________________________________________________________ City Council Minutes April 16, 2024 Page 3
Frank Gavidia spoke regarding his qualifications and his goals for the committee.

Mayor Diaz reopened Public Comment after the candidates spoke. There were no additional members of the public wishing to speak.

It was moved by Councilmember Wan, seconded by Vice Mayor Trupiano, to appoint Frank Gavidia to seat 3 and renew the term for existing members: Hank Stratford and Howard Kaplan, to the Community Financial Sustainability Committee for two-year terms expiring December 31, 2026. (Passed 1-0-1 Councilmember Cloven Abstained).

9. COUNCIL ITEMS – Limited to Council requests and directives for future meetings.

Councilmember Tillman requested to hire a third-party investigator to discuss in further detail and to have a session on governance
Councilmember Wan requested a discussion regarding lane striping at the entrance of Dana Hills be agendized.

10. COUNCIL REPORTS
Councilmember Cloven attended meetings for: Trans Pac; Clayton Pride; attended the Skylar Bistro Ribbon cutting; and shared information on the Clayton Cleans Up event on April 20, 2024.

Councilmember Wan attended a meeting for East Bay Leadership Council; and thanked Congressman Mark DeSaulnier and his staff for their assistance with facilitating a trip to Washington D.C.

Councilmember Tillman attended meetings for: East Bay Division League of California Cities; Clayton Pride; Mayors and Councils round table; ConFire/Firewise; met with the Interim City Manager; Services FOR
Vice Mayor Trupiano attended meetings for: Mayors Conference; Clayton Community Library Foundation; met with the Interim City Manager; attended the Skylar Bistro and will attend meetings for: East Contra Costa Conservancy; and City Sponsored Special Events Committee. The Vice Mayor also shared that she would be resigning from the CBCA.

Mayor Diaz attended meetings for: County Connection Operations Subcommittee; Mayors Conference; Clayton BBQ planning meeting; Swearing in of the Police Officer; attended the Skylar Bistro Ribbon Cutting; the Contra Costa Bar Association 90th anniversary celebration; attended the celebration of life ceremony for Michael Carney; and met with the Interim City Manager.

11. ADJOURNMENT - on a call by Mayor Diaz, the City Council adjourned its meeting at 8:39 p.m.

DRAFT 4b Attachment 1
____________________________________________________________________________ City Council Minutes April 16, 2024 Page 4
Please note the Minutes of this meeting set forth all actions taken by the City Council on the matters stated, but not necessarily in the chronological sequence in which the matters were taken up.

Respectfully submitted,
________________________________
Stephanie Cabrera-Brown, City Clerk

APPROVED BY THE CLAYTON CITY COUNCIL
______________________________________
Jim Diaz, Mayor
DRAFT 4b Attachment 1
____________________________________________________________________________ City Council Minutes April 30, 2024 Page 1

MINUTES
OF THE

SPECIAL MEETING

CLAYTON CITY COUNCIL
TUESDAY, April 30, 2024

1. CALL TO ORDER AND ROLL CALL – The meeting was called to order at 6:00 p.m. by Mayor Diaz, held in-person from Hoyer Hall, Clayton Community Library, 6125 Clayton Road, Clayton, California. Councilmembers present: Mayor Diaz, Vice Mayor Trupiano, and Councilmembers Cloven, Tillman, and Wan. Staff present: Interim City Manager Adam Politzer.

2. PLEDGE OF ALLEGIANCE – Led by Mayor Diaz.

3. PUBLIC COMMENT ON NON - AGENDA ITEMS
There were no members of the public present to provide public comment.

4. CLOSED SESSION
a. Public Employee Appointment (Gov. Code 54957)
Title: City Manager
Action: Staff provided with direction; no reportable action was taken.

5. ADJOURNMENT
On a call by Mayor Diaz, the City Council adjourned its meeting at 6:53 p.m.

Please note the Minutes of this meeting set forth all actions taken by the City Council on the matters stated, but not necessarily in the chronological sequence in which the matters were taken up.

Respectfully submitted,
________________________________
Stephanie Cabrera-Brown, City Clerk

APPROVED BY THE CLAYTON CITY COUNCIL
______________________________________
Jim Diaz, Mayor
4a Attachment 2
DRAFT
City Council Agenda Item 4b Page 1 of 2 May 7, 2024
City Council Agenda Item 4b

STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Adam Politzer, Interim City Manager
DATE: May 7, 2024
SUBJECT: Renew Signature Authorizations for Investing City Funds in the Local Agency Investment Fund (LAIF)

RECOMMENDATION
Adopt a Resolution renewing the authorization to invest monies in the Local Agency Investment Fund (“LAIF”) in accordance with Section 16429.1 of the California Government Code. LAIF is a pooled investment fund managed by the State of California Treasures Office.

BACKGROUND
The Local Agency Investment Fund is a voluntary program created by State statute in 1977 as an investment alternative for California’s local governments. This program is administered by the State Treasurer’s Office with monies from the LAIF invested with State monies through the Pooled Money Investment Account (“PMIA”). This program offers local agencies the opportunity to participate in a major portfolio that invests billions of dollars using the investment expertise of the State Treasurer’s Office investment staff. At the end of each calendar quarter, all interest earned in the Fund is distributed by LAIF to the participating governmental agencies directly proportionate to their respective amounts deposited in the Fund and the length of time such amounts remained therein. Prior to the distribution, an amount equal to the reasonable costs of making the investments, not to exceed one-half of 1 percent of the earnings of the Fund, is deducted from the interest earnings. A statement is sent to all fund participants showing balances and transactions for the month.
(Back to Agenda)
City Council Agenda Item 4b Page 2 of 2 May 7, 2024

DISCUSSION
As of March 31, 2024, the City had $30K invested in LAIF. Investing in LAIF is an authorized investment in the City’s Investment Policy that meets the investment objective of safety.

Under Federal Law, the State of California cannot declare bankruptcy; specifically, Section 16429.3 of the State Government Code states that monies placed with the Treasurer for deposit in the LAIF shall not be subject to impound or seizure by any State official or State agency. California Government Code Section 16429.4 was added in 2002 and states that the State cannot withhold LAIF monies if they fail to adopt a budget by the June 30th deadline.

Due to staff turnover and title changes, staff is requesting the approval of the attached Resolution, which will renew authorization to invest monies not required for immediate cash flow needs in the LAIF and designate those authorized to complete such transactions.

FISCAL IMPACT
Approval of this resolution will allow the City staff to invest the excess funds and can earn interest. These funds are liquid and can be available for use within one day.

CEQA IMPACT
None

ATTACHMENTS

1. Resolution LAIF Authorization
Resolution No. XX-2024 Page 1 of 2 May 7, 2024
RESOLUTION NO. XX-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON

DESIGNATING CITY PERSONNEL AUTHORIZED TO INVEST MONIES IN THE

LOCAL AGENCY INVESTMENT FUND (LAIF)

THE CITY COUNCIL
City of Clayton, California
WHEREAS, pursuant to Chapter 730 of the statues of 1976, Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and
WHEREAS, the City of Clayton does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein as in the best interests of the City of Clayton; and WHEREAS, this Resolution supersedes and replaces prior authorities stipulated in Resolution No. 50-2023.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Clayton does hereby authorize the deposit and withdrawal of City of Clayton monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer’s Office of all banking information provided in that regard.

BE IT FURTHER RESOLVED, that the following City of Clayton officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund.

City Manager
Executive Assistant to the City Manager
Finance Director
City Treasurer
City Clerk
[Remainder of page intentionally left blank.]
Resolution No. XX-2024 Page 2 of 2 May 7, 2024
PASSED, APPROVED AND ADOPTED by the City Council of the City of Clayton, California, at a regular meeting thereof held on the 7th day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CITY COUNCIL OF CLAYTON, CA
______________________________
Jim Diaz, Mayor
ATTEST:
___________________________________
City Clerk
City Council Agenda Item 4c Page 1 of 2 May 7, 2024
City Council Agenda Item 4c

STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Dana Ayers, AICP, Community Development Director
DATE: May 7, 2024
SUBJECT: Adoption of a Resolution Accepting the Installation of the Playground Mat Replacement at The Grove Performed by Specified Equipment Company (SPEC) as Complete; Approving the Notice of Completion and Directing the City Clerk to Record Same with the County Recorder; and Authorizing the Payment of All Retained Funds to SPEC 35 Days After Recording the Notice of Completion (CEQA Status: Exempt)

RECOMMENDATION
Adopt a Resolution accepting the Playground Mat Replacement at The Grove performed by SPEC as complete; approving the Notice of Completion and directing the City Clerk to record same with the County Recorder; and authorizing the payment of all retained funds to SPEC 35 days after recording the Notice of Completion.

BACKGROUND
On February 6, 2024, the City Council adopted Resolution No. 3-2024 authorizing award of a contract to SPEC to replace the poured-in-place rubberized surface below the children’s play structures at The Grove. The rubberized mat had patches, holes and was generally compressed, and it was buckling where root systems of the nearby trees had broken ground surface. At an estimated cost of $105,980, the work associated with this replacement exceeded $60,000, and in accordance with the City’s Purchasing Policy (Resolution No. 05- 2022), the City Council held the authority to award or reject the contract for the work.

The work approved by the Council on February 6, 2024, was within the scope of Capital Improvement Project No. 10455, which was approved by the City Council on March 15, 2022, (Resolution No. 21-2022) and included various facilities and equipment replacement and installations at The Grove. The overall project, including the rubberized mat replacement, (Back to Agenda)
City Council Agenda Item 4c Page 2 of 2 May 7, 2024
encompasses various components, the cost of which are eligible for reimbursement under the City’s Recreational Infrastructure Revenue Enhancement (RIRE) grant award (Senate Bill 5 [DeLeon, Chapter 852, statutes of 2017], codified in Public Resources Code section 80066).

DISCUSSION
SPEC commenced work to replace the rubberized mat at The Grove playground on April 8, 2024. The work was completed within about 10 days, and the playground has been reopened to the public. Staff is recommending that the City Council accept the Playground Mat Replacement at The Grove project as complete and order filing of the Notice of Completion.

FISCAL IMPACT
The approved budget established for CIP No. 10455 was $250,000 (the RIRE grant allocation), and the contract with SPEC for the mat replacement was $105,980. The project was completed at the contracted amount with no additional unexpected costs. As of the date of this staff report, the City has made payments totaling $100,681 to SPEC while retaining $5,299 (5 percent) pending completion and acceptance of the project, in accordance with the terms of the contract. With the City Council acceptance of the work and the recording of the Notice of Completion, the City will release all retained funds to SPEC 35 days after recordation of the Notice of Completion as long as no claims are made against SPEC by a material supplier or subcontractor.

The total cost for the project is eligible for reimbursement under the City’s RIRE grant award from the State Department of Parks and Recreation.

CEQA IMPACT
Replacement of the existing rubberized mat below the play structures at The Grove is exempt from the California Environmental Quality Act (CEQA) under Categorical Exemption Class 2 (Replacement or Reconstruction), section 15302 of the State CEQA Guidelines.

ATTACHMENTS

1. Resolution Accepting the Playground Mat Replacement at The Grove

2. Notice of Completion
Resolution No. XX-2024 Page 1 of 2 May 7, 2024
RESOLUTION NO. XX-2024

A RESOLUTION ACCEPTING THE PLAYGROUND MAT REPLACEMENT AT THE GROVE PROJECT (PART OF CIP NO. 10455) PERFORMED BY SPECIALIZED PLAYGROUND EQUIPMENT COMPANY AS COMPLETE; APPROVING THE NOTICE OF COMPLETION

AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER; AND AUTHORIZING THE PAYMENT OF ALL RETAINED FUNDS TO SPECIALIZED PLAYGROUND EQUIPMENT COMPANY 35 DAYS AFTER RECORDING OF

THE NOTICE OF COMPLETION

THE CITY COUNCIL
City of Clayton, California
WHEREAS, on February 6, 2024, the City Council of Clayton, California adopted Resolution No. 3-2024 approving a contract with Specialized Playground Equipment Company (SPEC) to replace the poured-in-place rubberized surface below the children’s play structures at The Grove, a component of Capital Improvement Project (CIP) No. 10455; and WHEREAS, SPEC represents that it has completed construction of the work and that the project is now ready for acceptance by the City; and
WHEREAS, the City Council must accept the work as complete and order the filing of a Notice of Completion prior to release of the retained funds; and WHEREAS, the City Maintenance Superintendent and Community Development Director recommend that the City Council adopt this Resolution accepting the Playground Mat Replacement at The Grove (part of CIP No. 10455) performed by SPEC; approving the Notice of Completion and directing the City Clerk to record same with the County Recorder; and authorizing the payment of all retained funds to SPEC 35 days after recording the Notice of Completion.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of Clayton, California, does hereby accept as complete, as of the date of adoption of this Resolution, the Playground Mat Replacement at The Grove (part of CIP No. 10455) performed by SPEC; approves the Notice of Completion and directs the City Clerk to record same with the County Recorder; and authorizes the payment of all retained funds to SPEC 35 days after recording the Notice of Completion. [Remainder of page intentionally left blank.]
4c Attachment 1
Resolution No. XX-2024 Page 2 of 2 May 7, 2024
PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California, at a regular public meeting thereof held on the 7th day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA

Jim Diaz, Mayor
ATTEST:

City Clerk
4c Attachment 1
[VERIFICATION ON FOLLOWING PAGE]

RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:

City Clerk/Community Development Director
City of Clayton
6000 Heritage Trail
Clayton, CA 94517

NO FEE DOCUMENT
(Government Code section 27383)

NOTICE OF COMPLETION
for
City of Clayton, Playground Mat Replacement at The Grove CIP No. 10455
(Contractor: Specified Play Equipment Company)
NOTICE IS HEREBY GIVEN that the undersigned is the Owner of a work of improvement described as the Playground Mat Replacement at The Grove, Clayton, Capital Improvement Project No. 10455, and of the real property on which the work of improvement is situated, which real property is located in the County of Contra Costa, State of California, and specifically described as follows: The Grove public park, located on the southwestern corner of the intersection of Marsh Creek Road and Main Street, Clayton, California 94517.

That the undersigned, as Owner of the above-described property, on February 6, 2024, entered into a contract with Specialized Play Equipment Company for the construction of the above-described work of improvement, with a copy of the contract filed for record in the City Clerk’s office in the City of Clayton, Contra Costa County, California.

That on April 19, 2024, the work of improvement was actually completed by Specialized Playground Equipment Company, and the work was completed and accepted by the City of Clayton, on May 7, 2024.

That the nature of the interest of the undersigned is as a fee simple ownership of a public park (The Grove) in the above-described real property.

That the name and address of the undersigned Owner of the above-described property is:

City of Clayton
6000 Heritage Trail
Clayton, California 94517
I hereby certify, under penalty of perjury, that the above Notice of Completion was duly accepted by the City Council of the City of Clayton at a meeting thereof held on May 7, 2024.

Stephanie Cabrera-Brown, City Clerk
4c Attachment 2

VERIFICATION
I, Adam Politzer, state that I am the Authorized Agent of the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on this 8th day of May 2024, at Clayton, California.

CITY OF CLAYTON,
A municipal corporation
By:

Adam Politzer, Interim City Manager
4c Attachment 2
City Council Agenda Item 4d Page 1 of 3 May 7, 2024
City Council Agenda Item 4d

STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Dana Ayers, AICP, Community Development Director
DATE: May 7, 2024
SUBJECT: Resolution Making Findings And Declaring Pursuant To Government Code Section 54221 That Certain Real Property Located Near The Intersection Of Clayton Road And Peacock Creek Drive Comprising 1 Acre Of Assessor’s Parcel No. 118-370-077 And 4 Acres Of Assessor’s Parcel No. 118-520-011 Is Non-Exempt Surplus Land, Authorizing The City Manager To Comply With The Surplus Land Act

RECOMMENDATION
Adopt a Resolution making findings and declaring pursuant to Government Code section 54221 that certain real property located near the intersection of Clayton Road and Peacock Creek Drive comprising 1 acre of assessor’s parcel no. 118-370-077 and 4 acres of assessor’s parcel no. 118-520-011 is non-exempt surplus land, authorizing the City Manager to comply with the Surplus Land Act.

BACKGROUND
On March 19, 2024, the City Council gave direction to staff to initiate the process to declare 1 acre of APN 118-370-077 and 4 acres of APN 118-520-001, as described and depicted in Exhibit A of the Resolution (“Property”), as surplus land pursuant to the Surplus Land Act.

As noted in the staff report presented at that meeting, the Property is open space owned by the City and does not have any other designated use for City operations. Additionally, the development potential of the Property is small relative to the total acreage of the parcels of which they are a part (APN 118-380-077 is 239.93-acres and APN 118-370-077 is 10.93- acres, for a total of 250.86 acres). Therefore, with development of the 5 acres encompassed on the Property, the two parcels would predominantly remain in undeveloped open space.

The open space currently requires some management by City staff through weed abatement to assist in fire prevention, but other than that work, this open space is left unmanaged. (Back to Agenda)
City Council Agenda Item 4d Page 2 of 3 May 7, 2024

DISCUSSION
Effective January 1, 2020, AB 1486 amended the Surplus Land Act, Government Code Section 54220 et seq. (“SLA”), which prescribes the process for disposal of surplus land.

The SLA requires all local agencies to prioritize affordable housing, as well as parks and open space, when disposing of surplus land. New legislation which took effect on January 1, 2020, requires that before a local agency takes any action to dispose of land, the land must be declared either “surplus land” or “exempt surplus land,” as supported by written findings. “Surplus land” means the land owned by a local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.

City staff has determined the Property is “surplus land” that is subject to the SLA process, and that no exceptions apply. Accordingly, before taking steps to lease or sell the Property, the City needs to comply with the SLA by taking formal action to declare the property surplus. The SLA process for “surplus land” involves the following steps:

1. After designating real property as non-exempt surplus land, the City must send Notices of Availability to affordable housing developers, public agencies, and other entities required to receive notice under the SLA.

2. Any party receiving a Notice of Availability interested in leasing/buying the surplus property must notify the City in writing within 60 days after the Notice of Availability is transmitted.

3. If The City receives a notice of interest, the City must enter into good faith negotiations to determine a mutually satisfactory sale or lease price and terms.

Nothing in the SLA prevents the City from obtaining fair market value for the disposition of surplus land. If the price or terms cannot be agreed upon after a good faith negotiation period of not less than 90 days, the land may be disposed of without further regard to SLA procedures, other than submitting a report to HCD and recording an affordability covenant on the Property.

After the City has sent Notices of Availability and concluded attempts to negotiate in good faith with any interested party, the City must provide a report to HCD. HCD then has 30 days to notify the City whether it has violated the SLA. The City would then have 60 days to correct the violation or to submit findings as to why the law was not violated.

The City will be required to record an affordability covenant on the Property.

Adopting the attached Resolution will declare that the property is “surplus land” under the SLA and direct staff to comply with the SLA.

City Council Agenda Item 4d Page 3 of 3 May 7, 2024

FISCAL IMPACT
The fiscal impact to the City will ultimately be determined by the market price of the land and the interest received in the land. Expenses such as a certified appraisal and City Attorney staff time will be incurred if the Property is declared surplus and moves forward under the SLA process.

CEQA IMPACT
The action at tonight’s meeting is not a binding commitment to any particular course of action and, therefore, is not subject to the California Environmental Quality Act (CEQA, Public Resources Code section 21000 et seq.) and State CEQA Guidelines (California Code of Regulations section 15000 et seq.) Furthermore, the action is exempt from environmental review pursuant to the exemption provided in CEQA Guidelines section 15312, which applies to the declaration and sale of surplus government property.

ATTACHMENTS

1. Resolution Making Findings and Declaring Non-Exempt Surplus Land Resolution No. XX-2024 Page 1 of 3 May 7, 2024
RESOLUTION NO. XX-2024

A RESOLUTION MAKING FINDINGS AND DECLARING PURSUANT TO
GOVERNMENT CODE SECTION 54221 THAT CERTAIN REAL PROPERTY

LOCATED NEAR THE INTERSECTION OF CLAYTON ROAD AND PEACOCK CREEK DR COMPRISING 1 ACRE OF ASSESSOR’S PARCEL NO. 118-370-077 AND 4 ACRES OF ASSESSOR’S PARCEL NO. 118-520-011 IS NON-EXEMPT

SURPLUS LAND, AUTHORIZING THE CITY MANAGER TO COMPLY WITH THE

SURPLUS LAND ACT

THE CITY COUNCIL
City of Clayton, California
WHEREAS, the City of Clayton (City) is the owner in fee simple of that certain real property identified as 1 acre of Assessor’s Parcel No. (APN) 118-370-077 and 4 acres of APN 118-520-001, located near the intersection of Peacock Creek Dr and Clayton Road, as more particularly identified and depicted in Exhibit A attached hereto and incorporated herein by reference (the “Property”); and WHEREAS, the City no longer has any use for the Property; and WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. (as amended, the “Act”), applies when a local agency disposes of “surplus land,” as that term is defined in Government Code section 54221; and
WHEREAS, the Property is “surplus land” under the Act, because it is land owned in fee simple by the City for which the City Council will take formal action (in the form of adoption of this resolution) in a regular public meeting declaring that the land is surplus and is not necessary for the City’s use; and
WHEREAS, the Act requires that prior to the disposal of any surplus land, unless an exemption applies, a local agency must issue a Notice of Availability to, among others, affordable housing developers, and thereafter, if any entity submits a qualified Notice of Interest within sixty (60) days of issuance of the Notice of Availability, the local agency must negotiate in good faith for at least ninety (90) days with any such submitting entities; and
WHEREAS, the Property is not exempt from the Act; and
WHEREAS, the declaration and sale of surplus government property is not a binding commitment to any particular course of action and, therefore, is not subject to the California Environmental Quality Act (CEQA, Public Resources Code section 21000 et seq.) and furthermore is exempt from CEQA pursuant to section 15312 of the State CEQA Guidelines (California Code of Regulations section 15000 et seq.); and 4d Attachment 1
Resolution No. XX-2024 Page 2 of 3 May 7, 2024
WHEREAS, the City Council finds as follows:

1. The Property does not hold operational value to the City and would be better served for the City to declare as surplus, thus allowing the marketplace to provide a better long-term use of the Property.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Clayton, California as follows:

SECTION 1: The above recitals are true and correct and are a substantive part of this Resolution and findings of the City Council.

SECTION 2: The City Council hereby finds and declares that the Property is “surplus land” as used in the Act, because the Property is owned in fee simple by the City, and the Property is surplus and not necessary for the City’s use.

SECTION 3: The City Council hereby authorizes the City Manager or designee to take all necessary actions to fully comply with the Act without further need to obtain further Council approval.

SECTION 4: If any section, subsection, paragraph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.

SECTION 5: The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California, at a regular public meeting thereof held on the 7th day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
4d Attachment 1
Resolution No. XX-2024 Page 3 of 3 May 7, 2024

THE CITY COUNCIL OF CLAYTON, CA

Jim Diaz, Mayor
ATTEST:

City Clerk
Exhibit A
The Property consists of the 1-acre portion of Assessor’s Parcel No. (APN) 118-370- 077 and 4-acre portion of APN 118-520-001 outlined in yellow and blue below. 4d Attachment 1
City Council Agenda Item 4e Page 1 of 2 May 7, 2024
City Council Agenda Item 4e

STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Larry Theis, P.E., City Engineer
DATE: May 7, 2024
SUBJECT: A RESOLUTION ORDERING THE LEVYING OF A SPECIAL TAX FOR FISCAL YEAR 2024/25 WITHIN THE HIGH STREET PERMANENT ROAD DIVISION

FOR THE REPAYMENT OF FUNDS ADVANCED FOR THE

RECONSTRUCTION OF THE BRIDGE AND FUTURE MAINTENANCE
PURSUANT TO THE STREETS AND HIGHWAY CODE, ARTICLE 3, SECTION 1173, et seq.

RECOMMENDATION
Adopt a Resolution confirming the levying of assessments for Fiscal Year 2024/25 within the High Street Bridge Assessment District for the repayment of bonds issued for the construction and maintenance of roadway bridge improvements.

BACKGROUND
The High Street Permanent Road Division was formed in 1999 providing a mechanism for property owners to repay funds advanced by the City for the reconstruction of High Street Bridge over Mitchell Creek. In addition to capital repayment, the annual levy includes funds for the long-term maintenance of the bridge.

The City agreed to fund half the cost of the bridge and the remainder was to be paid by the property owners within the Division. The former Clayton Redevelopment Agency (now the “Successor Agency” by state dissolution law) funded the reconstruction of the bridge and repayment was spread over 30 years with a 6% interest rate. In addition, the annual levy includes an amount of $60 per parcel dedicated to future bridge maintenance. The City has absorbed all the administrative costs. Through the end of Fiscal Year 2023-24, $101,588.78 will have been collected towards the repayment of principal and interest due on the note that was used to finance the construction of the bridge, and $7,500.00 for future maintenance. (Back to Agenda)
City Council Agenda Item 4e Page 2 of 2 May 7, 2024
Please note, the property owner of APN 119-040-023 paid-off their portion of the special tax in full in 2014, and that prepayment was used to repay a portion of the note.

In the Resolution it is noted there are varying levy amounts. These amounts were based on a formula negotiated with the property owners when the Division was formed.

The first special tax to repay the costs of bridge construction was levied in Fiscal Year 1999/00 and the final special tax to repay the construction will be levied in Fiscal Year 2028/29. It should be noted that the portion of the special tax for bridge maintenance will continue indefinitely.

DISCUSSION
Staff recommends the City Council approve the attached Resolution ordering the levying of a Special Tax for Fiscal Year 2024/25 within the High Street Permanent Road Division for the repayment of funds advanced for the reconstruction of the bridge and future maintenance.

FISCAL IMPACT
The Fiscal Year 2024/25 annual special tax will generate $1,754.00. If this Resolution is not approved, money owed to the Successor Agency by the property owners will not be repaid and funds will not be available for future bridge maintenance.

CEQA IMPACT
None

ATTACHMENTS

1. Resolution Ordering the Levying of a Special Tax for Fiscal Year 2024/25 Resolution No. XX-2024 Page 1 of 2 May 7, 2024
RESOLUTION NO. XX-2024

A RESOLUTION ORDERING THE LEVYING OF A SPECIAL TAX FOR FISCAL YEAR 2024/25 WITHIN THE HIGH STREET PERMANENT ROAD DIVISION FOR THE

REPAYMENT OF FUNDS ADVANCED FOR THE RECONSTRUCTION OF THE

BRIDGE AND FUTURE MAINTENANCE PURSUANT TO THE STREETS AND HIGHWAY CODE, ARTICLE 3, SECTION 1173, et seq.

THE CITY COUNCIL
City of Clayton, California
WHEREAS, by passage of Resolution 34-98, the City Council ordered the formation of the High Street Permanent Road Division for the purpose of reconstructing and maintaining the High Street Bridge over Mitchell Creek; and WHEREAS, the City Council received petitions, signed by a majority of the property owners within the Division, requesting construction of a new bridge over Mitchell Creek and the levy of a special tax to pay for the construction and for the future maintenance of the bridge; and
WHEREAS, the City Council called for an election on February 26, 1999 to approve the levy of a special tax; and
WHEREAS, the City Clerk and City Engineer then certified that ballots approving the special tax were received from more than two-thirds of the property owners in both number and valuation; and
WHEREAS, said approved special tax must be re-levied each fiscal year; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Clayton, California, does hereby resolve as follows:

1. Order the levy of special taxes for Fiscal Year 2024/25 on those parcels within the High Street Permanent Road Division for the reconstruction and maintenance of the bridge over Mitchell Creek.

2. List the annual tax rates for each parcel for the reconstruction and maintenance as follows:

APN Current Owner Reconstruction Bridge Maintenance Total 119-040-021 UTLEY GLORIA J TRE $545.00 $60.00 $605.00
119-040-023 MORGAN JOHN T & PAMELA D TRE $0.00 $60.00 $60.00 119-040-024 DAVIS SHARON LEE TRE $364.00 $60.00 $424.00 119-050-008 CLAYTON CITY OF $0.00 $60.00 $60.00
119-050-036 CLAYTON COMMUNITY CHURCH INC $545.00 $60.00 $605.00 Total Special Tax: $1,454.00 $300.00 $1,754.00
4e Attachment 1
Resolution No. XX-2024 Page 2 of 2 May 7, 2024

3. Order that special taxes be levied and collected by the County of Contra Costa along with the regular property taxes.

PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California at a regular public meeting thereof held on the 7th day of May 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA
Jim Diaz, Mayor
ATTEST:

City Clerk
4e Attachment 1
City Council Agenda Item 4f Page 1 of 2 May 7, 2024
City Council Agenda Item 4f

STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Larry Theis, P.E., City Engineer
DATE: May 7, 2024
SUBJECT: A RESOLUTION CONFIRMING THE LEVY OF ASSESSMENTS FOR FISCAL YEAR 2024/25 WITHIN THE LYDIA LANE SEWER ASSESSMENT DISTRICT

FOR THE REPAYMENT OF BONDS ISSUED FOR THE CONSTRUCTION OF

MUNICIPAL SANITARY SEWERS

RECOMMENDATION
Adopt a Resolution confirming the levying of assessments for Fiscal Year 2024/25 within the Lydia Lane Sewer Assessment District for the repayment of bonds issued for the construction of municipal sanitary sewers

BACKGROUND
The Lydia Lane Sewer Assessment District was formed to fund the installation of sanitary sewers and sewer laterals in the Lydia Lane and Verna Way area south of Clayton Road.

The City issued bonds to provide funding for the construction of the sewer improvements. The bonds are being repaid by the property owners through annual assessments collected by the County through each property owner’s property taxes. Along with the principal and interest, the assessments also include an administrative fee of $150.00 per parcel to cover District overhead costs.

The first assessment was levied in Fiscal Year 2002/03 and the final assessment will be levied in Fiscal Year 2031/32.

On June 6, 2022, the property owner of APN 120-052-011 paid off their assessment lien in full, and therefore will no longer be assessed annually.

The attached resolution confirms the proposed assessments for Fiscal Year 2024/25. (Back to Agenda)
City Council Agenda Item 4f Page 2 of 2 May 7, 2024

DISCUSSION
Staff recommends the City Council approve the attached Resolution confirming the levy of assessments for Fiscal Year 2024/25 within the Lydia Lane Sewer Assessment District for the repayment of bonds issued for the construction of municipal sanitary sewers.

FISCAL IMPACT
The Fiscal Year 2024/25 assessments will generate approximately $17,377 for the District. If this Resolution is not approved, the City will have to pursue separate action against each property owner to directly bill the annual assessment and if assessments are not billed and collected, the City may default on the bonds.

CEQA IMPACT
None

ATTACHMENTS

1. Resolution Confirming the Levying of Assessments for Fiscal Year 2024/25 RESOLUTION NO. XX-2024

A RESOLUTION CONFIRMING THE LEVY OF ASSESSMENTS FOR FISCAL YEAR 2024/25 WITHIN THE LYDIA LANE SEWER ASSESSMENT DISTRICT FOR THE

REPAYMENT OF BONDS ISSUED FOR THE CONSTRUCTION OF MUNICIPAL

SANITARY SEWERS

THE CITY COUNCIL
City of Clayton, California
WHEREAS, by passage of Resolution 36-2002, the City Council ordered the formation of the Lydia Lane Sewer Assessment District in accordance with and pursuant to the Municipal Improvement Act of 1913; and
WHEREAS, the City of Clayton issued and sold bonds in the amount of $228,325 to fund the construction of municipal sanitary sewer Improvements in the Lydia Lane Assessment District which must be repaid by the real property owners within the assessment district; and
WHEREAS, the repayment of the bonds by the property owners is provided through the levy of annual assessments, for principal, interest, and administrative costs, on each property owner’s County property tax bill; and
WHEREAS, the proposed assessments for Fiscal Year 2024/25 are shown on Exhibit A attached hereto;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Clayton, California, does hereby resolve as follows:

1. Orders the levy of assessments for Fiscal Year 2024/25 on those parcels within the Lydia Lane Sewer Assessment District for repayment of bonds issued for the construction of municipal sanitary sewers within the assessment district.

2. Lists the annual assessment for each parcel in the assessment district as shown on Exhibit A attached hereto.

3. Orders the assessments to be levied and collected by the County of Contra Costa along with the regular property taxes.
4f Attachment 1
PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California at a regular public meeting thereof held on the 7th day of May 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA
Jim Diaz, Mayor
ATTEST:

City Clerk
4f Attachment 1

EXHIBIT A
ANNUAL ASSESSMENT AMOUNTS FOR FISCAL YEAR 2024/25

FOR THE LYDIA LANE SEWER ASSESSMENT DISTRICT
1The Amounts shown above may differ from the amounts placed on the Contra Costa County’s secured property tax bill by $0.01 due to County rounding requirements.

Assessor Parcel Number (APN) Amount1
120-042-005 $982.65
120-042-006 $982.65
120-043-007 $982.65
120-043-009 $982.65
120-051-007 $1,222.41
120-051-008 $1,222.41
120-051-010 $1,222.41
120-052-003 $1,222.41
120-052-004 $1,222.41
120-052-005 $1,222.41
120-052-006 $1,222.41
120-052-009 $1,222.41
120-052-015 $1,222.41
120-052-016 $1,222.41
120-052-017 $1,222.41
Total Assessment $17,377.11
Lydia Lane Sewer Assessment District
4f Attachment 1
City Council Agenda Item 4g Page 1 of 2 May 7, 2024
City Council Agenda Item 4g

STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Larry Theis, P.E., City Engineer
DATE: May 7, 2024
SUBJECT: A RESOLUTION ORDERING THE LEVY OF A SPECIAL TAX FOR FISCAL YEAR 2024/25 WITHIN THE OAK STREET PERMANENT ROAD DIVISION

FOR THE REPAYMENT OF FUNDS ADVANCED FOR THE

RECONSTRUCTION OF THE BRIDGE AND FUTURE MAINTENANCE
PURSUANT TO THE STREETS AND HIGHWAY CODE, ARTICLE 3, SECTION 1173, et seq.

RECOMMENDATION
Adopt a Resolution confirming the levying of assessments for Fiscal Year 2024/25 within the Oak Street Bridge Assessment District for the repayment of bonds issued for the construction and maintenance of roadway bridge improvements.

BACKGROUND
The Oak Street Permanent Road Division was formed in 2000 to provide a mechanism for the property owners to repay the City for funds advanced for the reconstruction of the Oak Street Bridge over Mitchell Creek. In addition, a portion of the annual levy is set aside to provide funds for the maintenance of the private portion of Oak Street.

The Redevelopment Agency funded the reconstruction of the bridge and repayment was spread over 20 years with a 7% interest rate. In addition, the annual levy included an amount dedicated to future road maintenance and an amount for administrative fees (10% of the levy for bridge construction and maintenance).

The portion of the special tax dedicated to repaying the City for construction costs related to the bridge has been paid. The bridge maintenance fee and District administrative fee remain in the special tax funds. Those fees remain in the Resolution as an annual charge. It is noted that seven parcels have a levy of $220.00, and two parcels have a levy of $110.00. The (Back to Agenda)
City Council Agenda Item 4g Page 2 of 2 May 7, 2024
original Division included 8 parcels, all levied equally. Since that time, one parcel was subsequently subdivided (Caspar) and that levy was reapportioned equally between the two lots.

The first special tax for the repayment of the bridge construction costs was levied in Fiscal Year 2000/01 and the final special tax for construction costs was levied in Fiscal Year 2019/20. It should be noted that the portion of the special tax for maintenance and administration will continue indefinitely.

DISCUSSION
Staff recommends the City Council approve the attached Resolution ordering the levying of a Special Tax for Fiscal Year 2024/25 within the Oak Street Permanent Road Division for the future maintenance and administration.

FISCAL IMPACT
If this Resolution is not approved, funds will not be collected for Division administration or the maintenance of the bridge over Mitchell Creek and the private portion of Oak Street. The annual special tax for this fiscal year will generate a total of $1,760.00.

CEQA IMPACT
None

ATTACHMENTS

1. Resolution Ordering the Levying of a Special Tax for Fiscal Year 2024/25 Resolution No. XX-2024 Page 1 of 2 May 7, 2024
RESOLUTION NO. XX-2024

A RESOLUTION ORDERING THE LEVY OF A SPECIAL TAX FOR FISCAL YEAR 2024/25 WITHIN THE OAK STREET PERMANENT ROAD DIVISION FOR THE

REPAYMENT OF FUNDS ADVANCED FOR THE RECONSTRUCTION OF THE

BRIDGE AND FUTURE MAINTENANCE PURSUANT TO THE STREETS AND HIGHWAY CODE, ARTICLE 3, SECTION 1173, et seq.

THE CITY COUNCIL
City of Clayton, California
WHEREAS, by passage of Resolution 66-99, the City Council ordered the formation of the Oak Street Permanent Road Division for the purpose of reconstructing and maintaining the Oak Street Bridge over Mitchell Creek and maintaining the private portion of Oak Street; and
WHEREAS, the City Council received petitions, signed by a majority of the property owners within the Division, requesting construction of a new bridge over Mitchell Creek and the levy of a special tax to pay for the construction and for the future maintenance of the bridge and road; and
WHEREAS, the City Council called for an election on May 1, 2000, to approve the levying of a special tax; and
WHEREAS, the City Clerk and City Engineer then certified that ballots approving the special tax were received from more than two-thirds of the property owners in both number and valuation; and
WHEREAS, said approved special tax must be re-levied each fiscal year; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Clayton, California, does hereby resolve as follows:

1. Order the levy of special taxes for Fiscal Year 2024/25 on those parcels within the Oak Street Permanent Road Division for the maintenance of the bridge over Mitchell Creek and the maintenance of the private portion of Oak Street.

2. List the annual tax rates for each parcel for the reconstruction and maintenance as follows:
4g Attachment 1
Resolution No. XX-2024 Page 2 of 2 May 7, 2024

3. Order that special taxes be levied and collected by the County of Contra Costa, California along with the regular property taxes in Fiscal Year 2024/25.

PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California at a regular public meeting thereof held on the 7th day of May 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA
Jim Diaz, Mayor
ATTEST:

City Clerk

APN OWNER CONSTRUCTION
BRIDGE

MAINTENANCE

DIVISION

ADMIN TOTAL
119-040-027 LAW ROBERT L & LAURA J $0.00 $200.00 $20.00 $220.00 119-040-028 SCHWITTERS MITCHELL E & KITT E $0.00 $200.00 $20.00 $220.00 119-040-029 GONZALEZ JOSE ENRIQUE TRE $0.00 $200.00 $20.00 $220.00 119-040-030 MORRIS JAMES M $0.00 $200.00 $20.00 $220.00 119-040-031 ENGLISH MARK A & CORI L TRE $0.00 $200.00 $20.00 $220.00 119-040-032 GAINANT GERALD D & MAYDER E $0.00 $200.00 $20.00 $220.00 119-040-033 WEBB PAULETTE M TRE $0.00 $200.00 $20.00 $220.00 119-040-036 CASPAR JOANN G TRE $0.00 $100.00 $10.00 $110.00 119-040-037 CASPAR JOANN G TRE CASPAR JEFFREY J $0.00 $100.00 $10.00 $110.00 Total Special Tax $0.00 $1,600.00 $160.00 $1,760.00
4g Attachment 1

City Council Agenda Item 4h

STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Larry Theis, P.E., City Engineer
DATE: May 7, 2024
SUBJECT: A RESOLUTION CONFIRMING THE LEVYING OF ASSESSMENTS FOR FISCAL YEAR 2024/25 WITHIN THE OAK STREET SEWER ASSESSMENT

DISTRICT FOR THE REPAYMENT OF BONDS ISSUED FOR THE

CONSTRUCTION OF MUNICIPAL SANITARY SEWERS

RECOMMENDATION
Adopt a Resolution confirming the levying of assessments for Fiscal Year 2024/25 within the Oak Street Sewer Assessment District for the repayment of bonds issued for the construction of municipal sanitary sewers.

BACKGROUND
The Oak Street Sewer Assessment District was formed to fund the construction of sanitary sewer improvements to the following properties:

Street Address
5950 High Street
5900 High Street
6000 High Street
929 Oak Street
920 Oak Street
937 Oak Street
949 Oak Street
951 Oak Street
Assessor Parcel
Number (APN)
119-040-021
119-040-023
119-040-024
119-040-027
119-040-028
119-040-030
119-040-032
119-040-033
119-040-036 945 Oak Street
(Back to Agenda)
City Council Agenda Item 4h
City Council Agenda Item 4h Page 2 of 2 May 7, 2024
119-040-037 Oak Street
119-050-036 1027 Pine Hollow Court
The City issued bonds to provide funding for the construction of the sewer improvements. The bonds are being repaid by the property owners through annual assessments collected by the County through each property owner’s property taxes. In addition to the assessment repaying the principal and interest, assessments include an administrative fee of $150.00 per parcel to cover the District’s overhead costs.

In May 2015, Mr. Morgan paid off the assessment on APN 119-040-023 and therefore is no longer assessed annually.

The first assessment was levied in Fiscal Year 2003/04 and the final assessment will be levied in Fiscal Year 2026/27.

The attached resolution confirms and orders the levying of the proposed assessments for Fiscal Year 2024/25.

DISCUSSION
Staff recommends the City Council approve the attached Resolution confirming the levying of assessments for Fiscal Year 2024/25 within the Oak Street Sewer Assessment District for the repayment of bonds issued for the construction of municipal sanitary sewers.

FISCAL IMPACT(S)
The Fiscal Year 2024/25 assessments will generate approximately $11,381 for the District. If this Resolution is not approved, the City will have to pursue separate action against each property owner to directly bill the annual assessment and if assessments are not billed and collected, the City may default on the bonds.

CEQA IMPACT
None

ATTACHMENT(S)

1. Resolution Confirming the Levying of Assessments for Fiscal Year 2024/25 Resolution No. XX-2024 Page 1 of 3 May 7, 2024
RESOLUTION NO. XXX-2024

A RESOLUTION CONFIRMING THE LEVYING OF ASSESSMENTS FOR
FISCAL YEAR 2024/25 WITHIN THE OAK STREET SEWER ASSESSMENT

DISTRICT FOR THE REPAYMENT OF BONDS ISSUED FOR THE CONSTRUCTION

OF MUNICIPAL SANITARY SEWERS

THE CITY COUNCIL
City of Clayton, California
WHEREAS, by passage of Resolution 62-2002, the City Council ordered the formation of the Oak Street Sewer Assessment District in accordance with and pursuant to the Municipal Improvement Act of 1913; and
WHEREAS, the City of Clayton issued bonds in the amount of $187,000 to fund the construction of municipal sanitary sewers in the Oak Street Assessment District which must be repaid by the property owners within the assessment district; and WHEREAS, the repayment of the bonds by the property owners is provided through the levy of an annual assessment, for principal, interest, and administrative costs, on each property owner’s County property tax bill; and WHEREAS, the proposed assessments for Fiscal Year 2024/25 are shown on Exhibit A attached hereto;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Clayton, California, does hereby resolve as follows:

1. Orders the levy of assessments for Fiscal Year 2024/25 on those parcels within the Oak Street Sewer Assessment District for repayment of bonds issued for the construction of municipal sanitary sewers within the assessment district.

2. Lists the annual assessment for each parcel in the assessment district as shown on Exhibit A attached hereto.

3. Order that special assessments be levied and collected by the County of Contra Costa along with the regular property taxes.
4h Attachment 1
Resolution No. XX-2024 Page 2 of 3 May 7, 2024
PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California at a regular public meeting thereof held on the 7th day of May 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA
Jim Diaz, Mayor
ATTEST:

City Clerk
4h Attachment 1
Resolution No. XX-2024 Page 3 of 3 May 7, 2024

EXHIBIT A
ANNUAL ASSESSMENT AMOUNTS FOR FISCAL YEAR 2024/25

FOR THE OAK STREET SEWER ASSESSMENT DISTRICT
1The Amounts shown above may differ from the amounts
placed on the Contra Costa County’s secured property tax bill by $0.01 due to County rounding requirements.

Assessor Parcel Number (APN) Amount1
119-040-021 $1,138.18
119-040-024 $1,138.18
119-040-027 $1,138.18
119-040-028 $1,138.18
119-040-030 $1,138.18
119-040-032 $1,138.18
119-040-033 $1,138.18
119-040-036 $1,138.18
119-040-037 $1,138.18
119-050-036 $1,138.18
Total Assessment $11,381.82
Oak Street Sewer Assessment District
4h Attachment 1
City Council Agenda Item 4i Page 1 of 4 May 7, 2024
City Council Agenda Item 4i

STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Jim Warburton, Maintenance Supervisor
DATE: May 7, 2024
SUBJECT: Approve a one-year contract with option for three (3) one-year extensions, for annual weed abatement services on City-owned public properties within the Landscape Maintenance District, to Waraner Brothers Tree service

RECOMMENDATION
Approve an agreement with Waraner Brothers Tree service, for annual weed abatement services on City-owned public properties within the Landscape Maintenance District, for a term of May 1, 2024 through April 30, 2025, with an option for three (3) one-year extensions by mutual agreement, for a total of four years. Waraner Brothers is the lowest responsible bidder including accounting for their 5% annual cost of living adjustment. The City Landscape Maintenance District (LMD) funds this work pursuant to voter approved Measure H. The LMD has budgeted $125,000 for weed cutting once a year pursuant to the Fire District Standards.

BACKGROUND
The Clayton Maintenance Department contracts out the majority of its annual weed abatement work within the Citywide Landscape Maintenance Assessment District (CFD 2007- 1). The contract work includes all handwork and discing within the Landscape District while the City Maintenance Department flail-mows with its tractor the large areas of the City’s open space. The standard of work, per Contra Costa Fire Protection District, is a thirty-foot wide firebreak from fence lines made around homes that border on the City’s open space. This weed abatement work is separate and distinct from the annual noxious weed abatement services performed on various Oakhurst hill slopes by a different contractor (also paid for by the Citywide Landscape Maintenance District).
(Back to Agenda)
City Council Agenda Item 4i Page 2 of 4 May 7, 2024
The Maintenance Department has determined most weed abatement work is done more costefficiently using an outside contractor. This work has always been performed once a year.

During the past years this work usually started in the middle of May with the work completed by mid-June or earlier. Measure H Landscape District standards, approved by public vote in June 2016, continued this once-per-year weed abatement/firebreak service in the large open areas but did augment weed abatement services to twice a year for a single-pass mow strip immediately abutting certain public trails.

This year, staff released a Request for Proposals for a 4-year weed abatement contract and received six bids. The lowest responsible bidder is Waraner Brothers Tree Service.

DISCUSSION
Waraner Brothers is the lowest responsible bidder including accounting for their 5% annual cost of living adjustment. The City Landscape Maintenance District (LMD) funds this work pursuant to voter approved Measure H, for weed cutting once a year for fire safety pursuant to the Fire District Standards. For Fiscal Year 24/25 the LMD has budgeted $125,000 to complete this work. Staff is recommending the Council approve a one-year contract with option for three (3) one-year extensions by mutual agreement, for a total of four years, for annual weed abatement services on City-owned public properties within the Landscape Maintenance District.

FISCAL IMPACT
Funds for this contract are budgeted in the approved Landscape Maintenance Assessment District budget for Fiscal Year 2024-25 (restricted-use monies). This year’s budget allocated $125,000. for the weed abatement contract. With the Waraner Tree Service the City will receive quality workmanship from a responsible bidder that has performed this weed abatement task for the city several years in the past.

Company 2020 2021 2022 2023 4-year total notes
Waraner
Brothers
Tree Service
$72,000.00 $75,600.00 $79,380.00 $83,349.00 $310,329.00 Includes (3) oneyear
extensions
by mutual
agreement,
for a total
of four
years
City Council Agenda Item 4i Page 3 of 4 May 7, 2024
H&N
Enterprises
$85,000.00 $89,250.00 $93,712.50 $98,398.50 $366,361.50 Includes (3) oneyear
extensions
by mutual
agreement,
for a total
of four
years
Atlas Tree
Service
$108,000 $113,400.00 $119,070.00 $125,023.50 $465,493.50 Includes (3) oneyear
extensions
by mutual
agreement,
for a total
of four
years
T&S Tree
Services
111,000.00 $116,550.00 $122,378.00 $128,496.00 589,424.00 Includes (3) oneyear
extensions
by mutual
agreement,
for a total
of four
years
BrightView
Tree Care
Services
$123,000.00 $129150.00 $135,608.00 $142,308.00 $530,066.00 Includes (3) oneyear
extensions
by mutual
agreement,
for a total
of four
years
West Coast
Arborists
125,000.00 $131,250.00 $137,812.50 $144,703.00 $538,766.00 Includes (3) oneyear
extensions
by mutual
agreement,
City Council Agenda Item 4i Page 4 of 4 May 7, 2024
for a total
of four
years

CEQA IMPACT
None.

ATTACHMENTS

1. 6 Bid Responses Received

2. Service Area Map

3. Annual Weed Abatement Services Agreement
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4/26/2024
1 Presentation to the
Clayton City Council
May 7, 2024
Update to the
Countywide 2024 Local
Hazard Mitigation Plan
Presentation
Overview
Part 1: Plan Overview
Part 2: County Hazards
Part 3: How to Prepare
Part 4: Get Involved
8c Attachment 1
(Back to Agenda)
4/26/2024
2 Local Hazard
Mitigation
Plan
The Local Hazard Mitigation Plan (LHMP)
is a 5-year plan that sets the mitigation
priorities for the County.

Over 40 partners county-wide are a part
of this plan: 16 cities, 20 special districts,
and many County Departments.

Working with cities, special districts,
and county departments to identify
priority hazards in their jurisdictions.

Identifying mitigation strategies for
each hazards identified.

Asking the public for feedback on the
plan. Now that we have a draft, we
want to hear your comments!
The planning process includes:
8c Attachment 1
4/26/2024
3 County-Wide Hazards
Natural Hazards (Required)
Human-Caused / Technological Hazards
• Climate Change
• Dam and Levee Failure
• Drought
• Earthquake
• Flood
• Cybersecurity Threats
• Hazardous Materials Incidents
• Utility Interruptions
• Active Shooter Incidents
• Terrorism
• Landslide
• Sea Level Rise (new)
• Severe Weather
• Tsunami
• Wildfire
How to Prepare for Disasters
Preparing before a disaster can help you and your loved ones recover more quickly from a disaster.

Learn your
hazards
Visit
myhazards.caloes.ca.gov
Make a kit
Each pet and member of
your household should
have a kit.

Practice your plan and
check your emergency
kit at least twice a year.

Practice
your plan
8c Attachment 1
4/26/2024
4 Get Involved in the
Planning Process
Read the plan!
Comment!
Share what you learned!
Check the County Website at
https://www.contracosta.ca.gov/6415/LocalHazard-Mitigation-Plan for more information.

Thank you!
For questions or comments,
contact
Community Development
Department of the City of Clayton
Phone: (925) 673-7300
Email: [email protected]
or
Contra Costa County Office of
Emergency Services
Email: [email protected]
8c Attachment 1
City Council Agenda Item 8a Page 1 of 2 May 7, 2024
City Council Agenda Item 8a

STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Adam Politzer, Interim City Manager
DATE: May 7, 2024
SUBJECT: Authorize the City Manager to Execute an Amendment for a One-Year Extension of City Engineering Services from Theis Engineering & Associates

RECOMMENDATION
Authorize the City Manager to execute Amendment No. 1 to the City of Clayton’s Professional Services Agreement with Theis Engineering & Associates for City Engineering Services which will extend the term of the agreement by one year from June 30, 2024 to June 30, 2025.

BACKGROUND
At its January 17, 2023, meeting, the City Council approved a Professional Services Agreement with Theis Engineering & Associates for city engineering services including serving as the City Engineer for the period of January 20, 2023 through January 30, 2024, with up to four one-year renewals authorized by mutual agreement of both parties.

DISCUSSION
The term of the agreement is concluding in approximately two months, and it is the appropriate time period to decide to execute the first of four potential extensions/renewals.

If the City Council elects to not amend the contract to extend the term for another year, then there is reasonable to time for the City to solicit for statement of qualifications from the municipal engineering community to secure a consultant firm to begin services on or about July 1, 2024.
(Back to Agenda)
City Council Agenda Item 8a Page 2 of 2 May 7, 2024

FISCAL IMPACT
The agreement includes rates for various services and already includes an annual rate adjustment each July 1st within the duration of the agreement. The rates and monthly fee shall be adjusted by the CPI-U San Francisco-Oakland-Hayward, April to April index. In no case shall the adjustment be less than 3% or more than 5% annually.

The monthly retainer for general city engineering services is $12,500 plus the upcoming CPI adjustment (approximately $155,000 annually) which is budgeted within the City’s general fund. The remainder of the engineering services are on an as-needed basis with specific budgets for capital improvement projects, clean water programs, development review services, or special districts which are funded from outside sources or special restricted funds.

CEQA IMPACT
None

ATTACHMENTS

1. Amendment No. 1 (City Engineering) – extension 6-30-2025

2. Executed City Engineering Professional Services Agreement

CITY OF CLAYTON
AMENDMENT No. 1 TO PROFESSIONAL SERVICES AGREEMENT
Theis Engineering and Associates, Inc. (“Consultant”) and the City of Clayton (“City”), a municipal corporation, previously entered into an agreement with an effective date of January 18, 2023 relating to a professional services agreement for municipal engineering. Section 24 of that agreement provides that “This Agreement may not be modified or altered except in writing signed by both Parties hereto.”
City and Consultant mutually agree to amend the agreement as follows:

1. Replace Section 5. “Time of Performance” as follows:

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”).

The term of this Agreement is January 18, 2023 to June 30, 2025. The Agreement may be extended by written amendment and mutual agreement of the parties for up to three additional one-year terms.

In all other respects, the agreement shall remain unchanged and in full force and effect.

City of Clayton Theis Engineering and Associates, Inc.

City Manager Date Date
Attest __________________________________
Printed Name
________________________________
City Clerk
__________________________________
Printed Title
Approved as to form.
___________________________________
City Attorney
Lawrence Theis
President
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City of Clayton
Scope of Service Proposal for:

City/Municipal Engineering, Assessment District Services, and Geologic Hazard Abatement District (GHAD) Management
Theis Engineering and Associates, Inc.

January 12, 2023
8a Attachment 2

2 January 12, 2023
Attn: Reina Schwartz, City Manager
City of Clayton
6000 Heritage Trail
Clayton, CA 94517
RE: City of Clayton – City/Municipal Engineering and Assessment District Services Proposal Dear City Manager Schwartz,
Theis Engineering & Associates, Inc. (Theis Engineering) is pleased to propose our City/Municipal Engineering and Assessment District Services to the City of Clayton (City). Theis Engineering is led by me, Larry Theis, P.E. I have been serving as Clayton’s City Engineer since March of 2022 and am proposing to continue to provide the same services to the City. I spent almost the entirety of my 22 years career as a public agency staff member. My most recent public agency experience was with the City of Orinda (Orinda), where I was the City of Orinda (Orinda) Director of Public Works and Engineering Services as well as their Assistant City Manager. I still approach issues more like a public agency civil servant than a consultant. I think that is the biggest differentiation between my approach compared to other consultants. I understand the expectations of the public agency staff.

I will continue to lead our team of subconsultants: CSG Consultants, Inc. (CSG) for land development, City Surveyor, civil design work, and environmental support; Advance Mobility Group (AMG) for traffic/transportation, BSK Associates (BSK) for geotechnical and material testing, and Francisco & Associates (F&A) for assessment district administration. Our team of subconsultants are the same subconsultants that have been providing the same services to the City since March of 2022. After having a year of experience, our team has gained valuable experience and knowledge of the City’s needs. Our team has improved some of the existing operations and looks forward to continuing to build on the progress we have already made.

Please contact me at (925) 890-9732 if you have any questions. We look forward to continuing to provide quality services to the City and its residents.

Sincerely,
Larry Theis, P.E.

President
8a Attachment 2

3 Firm Information:

Theis Engineering & Associates was founded in 2023 and led by Larry Theis, P.E. Having spent more than 20 years in the public sector, Larry is very familiar with the challenges that public agency staff face every day. He would like to bring his own expertise and his connections to other talented firms to build the best team for his clients. Most technical consultants do not provide these niche services. It is with this understanding, Larry decided to form his own firm to provide services that are geared toward assisting public agencies by performing the work typical of inhouse staff. His initial goal with founding his firm is to bring hands-on client service to a select number of clients.

Names and Roles of Personnel:

Clayton’s scope of work is broken down in four categories:

1. City Engineering Services:

Larry will perform the typical City Engineer duties and provide oversight to consultants. Larry will provide the majority of the day-to-day city engineering needs of the City and the subconsultants will provide additional technical expertise when needed. Larry will attend city council and committee meetings when needed and be a representative on behalf of the City when working with other agencies, utility companies, or countywide entities.  Larry Theis (Theis Engineering): City Engineer
 Cristiano Melo: Geotechnical
 Hal Williams (CSG): Civil engineering design and evaluation  Joy Bhattacharya (AMG): Traffic/Transportation

2. General Engineering Services (Non-General Fund Capital Projects) As indicated in the above category, Larry will provide oversight of the work and represent the interests of the City under this category.
 Larry Theis (Theis Engineering): City Engineer
 Cristiano Melo: Geotechnical engineering and material testing  Hal Williams (CSG): Civil Engineering design and evaluation  Joy Bhattacharya (AMG): Traffic/Transportation design and evaluation

3. Land Development Review and Permitting Services
As indicated in category 1 above, Larry will provide general oversight of the work under this category.
 Larry Theis (Theis Engineering): City Engineer including encroachment permit and construction activity permit review and issuance
 Cristiano Melo: Geotechnical engineering
 Joy Bhattacharya (AMG): Traffic/Transportation design and evaluation  Mario Camorongan (CSG): Development review
 David Rubcic (CSG): Final and Parcel Map review

4. Annual Administration/Assessment Levy Services/GHAD Management Similar to the other categories above, Larry will provide the general oversight of the work under this category. Larry will also be the GHAD Manager.  Larry Theis (Theis Engineering): GHAD Manager
 Brian Brown (Francisco & Associates): Assessment District Administration  Cristiano Melo: Geotechnical engineering and field monitoring services 8a Attachment 2

4 Organization Chart:

Resume: Larry Theis, President/Principal Engineer
Licensed State of California Professional Engineer License #C67662 exp. 6/30/23 State of California Notary Public – Contra Costa County #2282509 exp. 3/23/23 Graduated University of California – Berkeley – B.S. Civil & Environmental Engineering 22 Years of Municipal Engineering Experience
Consists of: 1 year as President/Principal Engineer – ANCHOR, public agency engineering firm including City Engineer of Clayton since March 2022 5 years as Director of Public Works and Engineering Services – ORINDA; including 2 years as Assistant City Manager

3 years as City Engineer – ORINDA
11 years as Associate Engineer/Project Manager – CONTRA COSTA COUNTY; including 8 years in Capital Project Design and Delivery and 3 years in Development Review
2 years as Transportation Engineer – CALTRANS District 4 Honors & Awards
o California City Management Foundation (CCMF) member and 2019 New and Future City Manager Seminar Participant
o APWA NorCal 2018 Project of Year – Miner Road Sinkhole Repair (Emergency, Small Cities) o Managed/Oversee Orinda Paving Program; improved the City Average Network Pavement Condition Index from 48 in 2014 to 85 in 2019; 2017 ASCE Outstanding Sustainable Engineering Project
o APWA NorCal 2017 Project of Year – Lamorinda Paving Partnership (Small/Rural Cities) o Contra Costa Local Government Leadership Academy – 2015 graduate o CCCPWD J. Michael Walford Award – 2012 Employee of the Year o APWA NorCal 2007 Project of the Year (over $2 million – Emergency Repair) Lower Walnut Creek Interim Protection Measures Project
o County Engineers Association of California (CEAC) – 2007 Regional Employee of the Year 8a Attachment 2

5 Scope of Services and Planned Approach
Larry has over 20 years of experience working for public agencies, with almost all his experience being for public agencies within Contra Costa County. Larry’s last position at a public agency was at Orinda, where he was their Director of Public Works and Engineering Services as well as their Assistant City Manager. In many ways, the Clayton and Orinda are similar. Larry will be able to draw on those experiences and bring them to the City. In addition, Larry has built many professional relationships with staff at other public agencies that the City regularly coordinates with, such as Caltrans, Contra Costa Transportation Authority (CCTA), Contra Costa County, etc.

Since being appointed to the Clayton’s City Engineer position in March of 2022, Larry has been performing the functions of the City Engineer successfully. Larry assisted and completed some backlogged tasks as well as embarked on new process improvements. There are multi-year tasks that Larry has been working on and he looks forward to assisting the City to complete them.

1. City Engineering Services:

Larry will provide the City Engineering services and provide oversight of all work performed by the subconsultants. Larry is familiar with the needs of the City as he has been performing in this role since March of 2022.

Larry has participated in the City Council meetings as well as other City and regional committee meetings. Larry looks forward to continuing to present updates and provide recommendations to the City Manager and the City Council.

Larry understands it is important to work along with City staff from other departments and not be in a silo. Larry participates in the City’s executive meetings regularly and built professional relationships with the City department heads. Larry has been working closely with the Maintenance Supervisor on a variety of public works maintenance needs and assisted in completing a number of maintenance projects. Larry has been working closely with the Community Development Director on issues such as Contra Costa County Transportation Partnership and Cooperation (TRANSPAC) on an action plan update as well as development reviews. Larry also worked closely with the Finance Director in switching the Capital Improvement Plan into a new format for fiscal year 2022/2023. When there were staff departures, such as the resignation of the Assistant to the City Manager as well the departure of the Finance Director, Larry has pitched in to assist where he can. Larry looks forward to continuing to participate with the City’s leadership team as if he is a City staff member. Larry prides himself on being able to approach issues as if he is a public agency staff and believes his role is to advocate for the best interests of the City.

As for the interfacing with the general public, Larry has been meeting with residents as well as developers on engineering issues. With Larry located nearby, when needed, Larry has been able to meet onsite. Larry plans to continue to be available to help respond to engineering inquiries.

Outside of the City, Larry has represented the City in meetings with other public agencies that the City regularly collaborates with. Larry's past experience collaborating with staff at these agencies has been helpful as professional working relationships have been already established. Larry plans to continue to bring that benefit to the City as your representative. 8a Attachment 2

6 During the past year, Larry has led his team to complete the requested tasks. With his wealth of public agency experiences, Larry takes a comprehensive approach to the City’s engineering needs. If technical expertise is needed beyond the day-to-day engineering, CSG will provide civil engineering design support and development review, AMG will provide traffic/transportation analyses, and BSK will provide geotechnical services.

2. General Engineering Services (Non-General Fund Capital Projects):

Larry will provide general oversight of the work under this category; similar to how an in-house project manager would oversee a consultant. CSG will perform the civil engineering design work.

AMG will perform traffic/transportation work. BSK will perform geotechnical work as well as material testing. If needed, Larry has professional relationships that he has built over the years that he can outreach for additional technical subconsultants. Larry and CSG have been working together to complete the design of two current of capital improvement projects. Beside technical detail design, there has been extensive coordination with the funding agencies, such as Caltrans and CCTA, which has Larry led. Larry and the CSG design team are looking forward to completing the design of these projects that which will lead to valuable improvements for the City.

3. Land Development Review and Permitting Services:

Larry will provide general oversight of the work under this category. CSG will provide the land development review. If technical review is required, AMG will perform traffic/transportation review and BSK will perform geotechnical review. During the past year, Larry and CSG have performed development reviews and collaborated with the Planning Department through the development process.

As for permitting, Larry has established a new encroachment permit tracking system for the utilities to better understand their activities within the City. After introducing the new system to the utilities, the utilities have been responding well with the new tracking system. The new system not only helps track their activities, it also assists in the proper invoicing of the services. Larry looks forward to continuing to look for ways that will improve other City’s operations.

4. Annual Administration/Assessment Levy Services/GHAD Management:

Larry will provide the general oversight of the work under this category. Larry will also be the GHAD Manager.

Francisco & Associates (F&A) will perform the annual administration/assessment levy services.

Larry and F&A have been successful in performing the annual administration/assessment levy services for fiscal year 2022/2023. In addition, Larry and F&A have assisted the City in creating the new Community Facilities District No. 2022-01 (Public Services) (CFD No. 2022-01). Although the need for an assessment district stems from one of the conditions of approval for a development, Larry and F&A recommended and assisted the City in creating this CFD No. 2022- 01 that would not only satisfy that condition for that one development but will allow future development and annexation into this CFD No 2022-01 efficiently. This is an example of Larry and his subconsultants taking a comprehensive approach as they perform their work.

F&A will continue to review Engineer’s Report to provide recommendations to strengthen them and inform the City of potential issues related to compliance with state laws. 8a Attachment 2

7 BSK will provide geotechnical support to Larry. In the past year, Larry and BSK have embarked on evaluating the GHAD. Their efforts included the reconstruction of the Ahwanee sidewalk, and a comprehensive site assessment of the district. Larry and the BSK team look forward to continuing their review of the GHAD and its potential liabilities and providing recommendations.

Cost of Services

1. General City Engineering Services
The City’s past contract service model has been to propose a monthly fee (with a breakdown by hours per position) for general city engineering services which include meetings, responding to public inquiries and emails, general research, city council presentations, field visits, including coordination with city staff and other agencies or utilities. Theis Engineering is proposing a monthly fee of $12,000 which will be subject to annual increase per Section 2 of the agreement.

This monthly fee roughly breaks down to a combination of 28 hours (~7 hours per week) of City Engineer at $239 per hour and 24 hours (~6 hours per week) of Deputy City Engineer at $217 per hour.

If the actual hours exceed the typical hours listed above by more than 20% on a consistent basis (3 consecutive months or more), then Theis Engineering reserves the right to notify the City that additional hours are needed and an increase to the monthly fee would be open for negotiation.

If additional technical services and studies are required for the subconsultants, additional costs will be above the monthly fees mentioned above. The additional costs will be based on the subconsultant fees plus 10%.

Special Tasks as requested by City (not included in monthly fee) a. Clayton Representative to Contra Costa Clean Water Program o Attend two monthly meetings (two committees) and participate at conferences as needed – average 5 hours per month
o Perform stormwater related inspections and monitoring tasks – average 2 hours per month
o Prepare and submit annual report – estimate 20 hours yearly (typically Aug-Sept)  Total Hrs per year = 104 at $239/hr = $24,856 estimated per year (not to exceed) b. Diablo Estates Benefit Assessment District – Facilities Management o Provide resident customer service similar to an HOA management company – average 1 hour per month
o Hire/manage ornamental landscape maintenance company – average 1 hour per month
o Coordinate with City maintenance staff on Streetlighting and Open Space maintenance activities - average 1 hour per month
o Perform annual stormwater facilities inspection and prepare checklist for Clean Water Report – average 8 hours annually
 Total Hrs per year = 44 at $239/hr = $10,516 estimated per year (not to exceed) 8a Attachment 2

8 If the actual hours exceed the typical hours listed above for the special tasks by more than 20% on a consistent basis (3 consecutive months or more), then Theis Engineering reserves the right to notify the City that additional hours are needed and an increase to the monthly fee would be open for negotiation.

2. General Engineering Services (non-General Fund Capital Projects) Since it is not feasible to estimate the costs of the non-general fund capital projects at the time for this proposal, each project will be evaluated separately and reviewed by the City Manager for an authorization to proceed. A separate proposal will be prepared for each capital project based on the hourly rates for Theis Engineering and the subconsultant listed below. If it involves subconsultant(s), the additional costs will be based on subconsultant fees plus 10%. Grant requirements may require the City to perform separate solicitations. In those cases, the cost proposals will be based on the requirements at the time of those solicitations and not subject to the hourly rates listed in this proposal.

3. Land Development Review and Permitting Services
These services are based on actual review/processing time which are paid by the applicant from their deposit. The cost will be billed based on the hourly fee listed below. If it involves subconsultant(s), the additional costs will be based on subconsultant fees plus 10%.

4. Annual Administration/Assessment Levy Services/GHAD Management The cost for Larry to provide general oversight of the assessment districts, except for GHAD Manager duties, will be included in the monthly fee for City Engineering Services. For GHAD Manager duties, Theis Engineering’s fee will be $4,780 based on the assumption of 20 hours per year. If actual hours exceed that amount by more than 40 hours per year, Theis Engineering reserves the right to notify the City that additional hours are needed and an increase to the fee would be open to negotiation.

F&A proposes the following lump sum fees for the assessment districts:

ASSESSMENT DISTRICTS
Oakhurst Geological Hazard Abatement District Annual Administration Fee $2,500 per year Street Light Assessment District Annual Administration Fee $3,500 per year High Street Bridge Assessment District Annual Administration Fee $500 per year Lydia Lane Sewer Assessment District Annual Administration Fee $500 per year Oak Street Bridge Assessment District Annual Administration Fee $500 per year Oak Street Sewer Assessment District Annual Administration Fee $500 per year Diablo Estates Benefit Assessment District Annual Administration Fee $3,500 per year

COMMUNITIES FACILITIES DISTRICT
Community Facilities District No. 2022-01 Annual Administration Fee $1,500 per year

REIMBURSABLES
Reimbursable expenses such as overnight mailings, recordation fees, mileage, County maps and data are in addition to the lump sum fees above and will be billed at cost plus 10%, but reimbursables will not exceed $500. Mileage will be billed at the annual Federal mileage rate. 8a Attachment 2
City Council Agenda Item 8b Page 1 of 4 May 7, 2024
City Council Agenda Item 8b

STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Larry Theis, City Engineer
DATE: May 7, 2024
SUBJECT: Consider Restriping Mountaire Parkway between Marsh Creek Road and Mountaire Circle (south) from Four Lanes to Two Lanes

RECOMMENDATION
Provide staff with direction on restriping Mountaire Parkway between Marsh Creek Road and Mountaire Circle (south, swim pool) from four to two traffic lanes.

BACKGROUND
This segment of Mountaire Parkway is part of the 2024 Citywide Paving project which also includes Mitchell Canyon Road (between Clayton Road and Herriman Road), Regency Drive (between Regency Drive and El Molino Drive), Caulfield Court, Fleming Drive, Mt. Vernon Drive (northern portion), Mt. Dell Drive, Pinot Court, and Capistrano Court. The project specifies a Type II Microsurfacing treatment (coating) over Mountaire Parkway which will seal the existing pavement surface and cover all existing striping. The plans call for replacing all traffic striping back to its existing configuration. The roadway pavement width from curb to curb is 64 feet, consisting of two 14-foot-wide lanes and two outside 18-foot-wide lanes/parking shoulders.

The engineering plans and bid documents are complete, already approved by Caltrans/FHWA and CCTA per their funding requirements, and the project is ready to be advertised for bids. The current engineer’s estimate for the construction contract is $850,000.

The construction contract cost is primarily funded by a $308,000 federal OBAG2 (One Bay Area Grant Cycle 2) grant, $397,179 of CCTA Measure J Major Streets grant, with the remaining funds from the City’s gas tax funds.
(Back to Agenda)
City Council Agenda Item 8b Page 2 of 4 May 7, 2024
In May 2022, the City Engineer received a request from a Dana Hills property owner to consider reducing the four-lane section of Mountaire Parkway to two lanes for traffic calming purposes. Staff informed the property owner that the City could consider this request since this segment of roadway was scheduled for resurfacing in 2023 but we requested the Dana Hills homeowner’s association submit an official request on behalf of the neighborhood to ensure there was some consensus among the affected homeowners.

Later in 2022, Staff informed the Dana Hills property owner that the resurfacing project was rescheduled to the summer of 2024 since it required additional time to obtain federal and CCTA funding authorizations. In March 2023, the Dana Hills HOA reinitiated the matter and emailed a survey request to its 503 households. The survey results included 129 responses with 86 generally in favor of the lane reduction and 43 generally opposed. Most of the written feedback was from those opposed but there appeared to be a strong majority of those that responded to be in favor. The HOA Board were supportive at that time.

Recently at its January 11, 2024, HOA Board meeting, the majority of the current Board decided they were not in favor of a lane reduction due to comments from members attending the meeting and the lack of feedback from the entire neighborhood with only 20% of the HOA members responding to the survey back in April 2023.

In April 2024, City Staff received a request from other Dana Hills property owners to implement the lane reduction and they were informed of the HOA’s prior decision to not pursue the City Council Agenda Item 8b Page 3 of 4 May 7, 2024
matter. They were directed to contact the HOA to advocate for the HOA’s official request to the City for the lane reduction on Mountaire Parkway.

This matter was initiated by Councilmember Wan at its last meeting on April 16, 2024, for an update, discussion, and decision to potentially amend the resurfacing project to modify the striping on Mountaire Parkway from four lanes to two lanes.

DISCUSSION
The current status of the overall 2024 Paving Project, which includes this segment of Mountaire Parkway, is it has already received authorizations from its two outside grant funding sources: Caltrans Local Assistance (federal funds) and CCTA (county funds) back in February and April 2024, respectively. The paving project was ready to advertise for construction bids and planned for the contract to be awarded in June 2024, with construction to commence in late June/early July. The project has temporarily been delayed to further discuss and receive Council direction on the Mountaire Parkway striping.

City staff is presenting the following options for the Council to select in order to provide direction on next steps for the 2024 Paving Project.

OPTION 1: Proceed with the paving project as is and complete the project as authorized by Caltrans Local Assistance and CCTA with the segment of Mountaire Parkway restriped after the surface treatment to its existing configuration of four lanes. The project will be advertised for bids in May 2023, contract awarded in mid-July 2023, and construction begins in August 2023.

OPTION 2: Elect to modify this segment of Mountaire Parkway from four lanes to two lanes.

Suspend the paving project, inform the Dana Hills neighborhood of the Council’s decision, and seek neighborhood feedback on the desired reconfiguration of the traffic lanes, adding bike lanes and painted center turn median, and on-street parking shoulders. This will require a couple of months of coordination to reach a consensus on the new alignment and to prepare a striping plan. The project estimate and specifications will need to be updated for this new striping plan. City staff will need to obtain revalidation of the project CEQA/NEPA approval and reauthorization of the grant funds. There is a potential for a loss of some or all of the grant funds since the OBAG2 federal funds obligation deadline has already passed back at the end of February 2024. This revalidation/reauthorization work will take several months and likely push the paving project into 2025 construction season to avoid paving in winter weather months.

OPTION 3: Proceed with the paving project as is and complete the project as authorized by Caltrans Local Assistance and CCTA with the segment of Mountaire Parkway restriped using paint (instead of typical thermoplastic) after the surface treatment to its existing configuration of four lanes. This will complete the current project in accordance with authorizations already received and not require any major modifications. Then proceed the following year with a City only funded thin resurfacing over the painted stripes and apply the permanent reconfigured striping with two traffic lanes. This will allow adequate time in City Council Agenda Item 8b Page 4 of 4 May 7, 2024
between the projects to complete the neighborhood coordination and design the new traffic striping plan.

FISCAL IMPACT
If traffic striping is replaced in kind (as is), then no additional fiscal impacts from those already planned within the approved capital improvement plan.

If the lane reduction option is selected, it is estimated that $10,000-$20,000 will be needed for City Engineering services to coordinate changes with Caltrans Local Assistance and CCTA including revalidation of CEQA/NEPA and confirm authorization of grant funds is still secure or seek reauthorization. The engineering design work including coordination with the neighborhood on a new traffic alignment is estimated between $20,000-$30,000. It is anticipated that outreach and feedback would be considered for various elements such as a painted center turning lane median, green bike lanes, and on-street parking. The additional construction cost is estimated to be $40,000-$70,000 more than restriping the as is condition since it will double the number of lane lines (yellow and white) including making most of them solid line versus broken-dashed lines and adding expensive green thermoplastic paint for bike lanes and additional pavement markings. The new lane alignment and striping is still to be determined, but the range of the expected increase is preliminarily estimated between $70,000 to $120,000. The additional cost would be recommended to be funded by additional gas tax funds.

CEQA IMPACT
If striping is replaced in kind (as is), then no further CEQA or NEPA impacts.

If lane reduction option is selected, the City will need to reevaluate its CEQA and NEPA determination for potential traffic impacts to the community.

ATTACHMENTS
None