Agenda packet — Clayton City Council, July 16, 2024

_____________________________________________________________________________________________ City Council Agenda June 4, 2024 Page 1

CLAYTON CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, July 16, 2024
6:00 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. PLANNING COMMISSION INTERVIEWS
a. Conduct interviews to fill three Planning Commission vacancies and select three candidates to appoint to a two-year term ending June 30, 2026, to the Planning Commission under item 8a.
(View)

4. CLOSED SESSION
a. Public Employment (Gov. Code 54957)
Title: City Manager
Conference with Labor Negotiators (Gov. Code 54957.6)
Agency designated representatives: Vice Mayor Trupiano and Councilmember Cloven
Unrepresented employee: City Manager
Jim Diaz, Mayor
Kim Trupiano, Vice Mayor 0BPeter Cloven, Councilmember
Holly Tillman, Councilmember Jeff Wan, Councilmember
_____________________________________________________________________________________________ City Council Agenda July 16, 2024 Page 2

5. 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.

6. 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. June 4, 2024 Regular Meeting
ii. July 9, 2024 Special Meeting
(City Clerk) (View)
b. Approve the purchase of a 2025 Ford Police Interceptor Utility vehicle to replace an unserviceable police vehicle, along with emergency equipment outfitting and identifying decals, as follows: purchase of a 2025 Ford Police Interceptor Utility vehicle from Folsom Lake Ford, purchase of emergency equipment and labor to install equipment by Lehr Auto, and application of identifying decals by Fast Signs, for a total of $88,030.72 from the Capital Equipment Replacement Fund (CERF). (Chief of Police) (View)
c. Award the Construction Contract to Rapid Grading Services from Hayward, CA for the total bid amount of $651,011.59; authorize project expenditure up to $814,000 (includes a 25% contingency); approve project construction plans in accordance with the design immunity requirements listed under California Government Code 830.6; and authorize the City Manager to execute the contract on behalf of the City.
(City Engineer)
(View)

7. RECOGNITIONS AND PRESENTATIONS
a. Contra Costa Water District Update (Contra Costa Water District) (View)
_____________________________________________________________________________________________ City Council Agenda July 16, 2024 Page 3

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

9. PUBLIC HEARINGS
a. Open the Public Hearing, receive public comments, on Proposed Real Property Assessments for the Diablo Estates at Clayton Benefit Assessment District (BAD), close the Public Hearing, and take action to adopt a Resolution which allows for the annual levying of assessments. (City Engineer)
(View)

10. ACTION ITEMS
a. Adopt a Resolution appointing three (3) individuals to the Planning Commission for a 2-year term, expiring June 30, 2026.   (City Clerk) (View)
b. Authorize the Interim City Manager to execute Amendment No. 2 to the City of Clayton’s Professional Services Agreement with Theis Engineering & Associates for City Engineering Services for additional limited time public works management services, with no extension to the time, for an additional amount not to exceed $37,200. (Interim City Manager) (View)
c. Adopt a Resolution ordering the levy and collection of special taxes and setting forth the special tax amount for Community Facilities District (CFD) 2006-1 (Downtown Park Operation and Maintenance) for Fiscal Year 2024 - 25. (Finance Advisor)
(View)
d. Adopt a Resolution ordering the levy and collection of special taxes and setting forth the special tax amount for Community Facilities District (CFD) No. 2007-1 (Citywide Landscape Maintenance Tax) for Fiscal Year 2024 -

25. (Finance Advisor)
(View)
e. Establish the appropriations limit applicable to the City of Clayton (City) during Fiscal Year (FY) 2024-25 as $14,632,351.
(View)
_____________________________________________________________________________________________ City Council Agenda July 16, 2024 Page 4

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

12. COUNCIL REPORTS

13. ADJOURNMENT
The next regularly scheduled meeting of the City Council will be August 20, 2024. _____________________________________________________________________________________________ City Council Agenda July 16, 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 July 16, 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 Regular June 4, 2024 Page 1
Meeting Minutes

MINUTES
OF THE

REGULAR MEETING

CLAYTON CITY COUNCIL
TUESDAY, June 4, 2024

1. CALL TO ORDER AND ROLL CALL – The meeting was called to order at 7:17 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 W. Politzer, City Engineer Larry Theis, Police Chief Richard McEachin, Financial Advisor Regina Rubier, City Attorney Malathy Subramanian, and City Clerk Stephanie Cabrera-Brown.

2. PLEDGE OF ALLEGIANCE – Led by Mayor Diaz

3. RECOGNITIONS AND PRESENTATIONS

4. 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.

Scott Denslow - Thanked participants of the Pride Parade on June 2, 2024.

Rosy Straka - Thanks the community for participating in the Pride Parade. 6a Attachment 1
(Back to Agenda)
_____________________________________________________________________________________________ City Council Regular June 4, 2024 Page 2
Meeting Minutes

5. CONSENT CALENDAR
It was moved by Councilmember Wan, seconded by Vice Mayor Trupiano to approve Consent Calendar item 4(a) - 4 (f) as submitted. (Passed; 5- 0). a. Approval of Meeting Minutes
i. May 21, 2024, Regular meeting
ii. May 21, 2024, Special meeting
(City Clerk)
b. Receive and approve the Engineer’s Report for the Diablo Estates at Clayton Benefits Assessment District for Fiscal Year 2024/2025 and declare the City Council’s intent to levy and collect real property assessments for the Diablo Estates at Clayton Benefit Assessment District for Fiscal Year 2024/2025; and adopt a Resolution setting the time and place for a public hearing to be held on July 16, 2024. (City Engineer)
Resolution 22-2024
c. Receive and approve the Engineer’s Report for the operation and maintenance of streetlights in the Streetlight Assessment District for Fiscal Year 2024/25; and Adopt a Resolution authorizing assessments for the operation and maintenance of streetlights in the Streetlight Assessment District for Fiscal Year 2024/2025. (City Engineer)
Resolution 23-2024
d. Adopt a Resolution approving the City’s local transportation improvement project for Fiscal Year 2024/2025 involving Road Maintenance and Rehabilitation Account – Local Streets and Roads Funds. (RMRA-LSR; SB1). (City Engineer)
Resolution 24-2024
e. Approve a Professional Services Agreement with 4LEAF, Inc., to provide contract planning and code enforcement services including the staffing of the positions of Code Enforcement Officer and Community Development Director, for the term of 6/4/2024 - 12/4/2024, in an amount not to exceed $90,000. CEQA Status: Not Applicable. (Community Development Director) f. Adopt a Resolution calling a General Municipal Election on November 5, 2024; Requesting and consenting to consolidation of the said General Municipal Election and setting specifications of the Election Order; and Adopt a Resolution adopting a policy for voluntary Municipal Candidates’ Statements to be printed in voter information pamphlets. (City Clerk/Assistant to the City Manager)
Resolution 25 -2024
Resolution 26 -2024
6a Attachment 1
_____________________________________________________________________________________________ City Council Regular June 4, 2024 Page 3
Meeting Minutes

6. REPORTS
a. City Manager / Staff
• Link to ClearGov Transparency Portal:
https://cleargov.com/california/contra-costa/city/clayton/checkbook The Interim City Manager, Adam W. Politzer, thanked Dana Ayers, the outgoing Community Services Director, for her service to the City and Dan Johnston, Senior Maintenance Lead for support during the weekend activities.

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

8. ACTION ITEMS
a. Adopt a Resolution to establish salaries for the recently reclassified positions of the Accounting Technician position to Accountant, the City Clerk position to City Clerk/Assistant to the City Manager, and the added the position of Assistant City Manager/Administrative Services Director and amend the City of Clayton (City) Salary Schedule for these positions. (Interim City Manager)
Interim City Manager Adam W. Politzer provided an overview on pending action for reclassifying the Accounting Technician position to Accountant and reclassifying the City Clerk position to City Clerk/Assistant to the City Manager and adding the position of Assistant City Manager/Administrative Services Director and amend the City of Clayton (City) Salary Schedule for these positions. Following discussion by the City Council, Mayor Diaz opened the item to public comment; There were no members of the public wishing to speak to this item.

It was moved by Councilmember Wan, seconded by Vice Mayor Trupiano, to adopt a Resolution to establish salaries for the recently reclassified positions.

Resolution 27-2024
b. Adopt a Resolution to Approve the City of Clayton’s Five-Year Capital Improvement Plan for Fiscal Years 2023/2024 through 2027/2028 and incorporate the proposed FY2024/2025 Capital Improvement project allocations into the overall Fiscal Year 2024-2025 Annual Budget. (City Engineer)
City Engineer, Larry Theis, provided an overview on the City of Clayton’s Five-Year Capital Improvement Plan for Fiscal Years 2023/2024 through 2027/2028. Following discussion by the City Council, Mayor Diaz opened the item to public comment; There were no members of the public wishing to speak to this item.
6a Attachment 1
_____________________________________________________________________________________________ City Council Regular June 4, 2024 Page 4
Meeting Minutes
It was moved by Vice Mayor Trupiano, seconded by Councilmember Cloven to adopt a Resolution to Approve the City of Clayton’s Five-Year Capital Improvement Plan for Fiscal Years 2023/2024 through 2027/2028 and incorporate the proposed FY2024/2025 Capital Improvement project allocations into the overall Fiscal Year 2024-2025 Annual Budget. (Ayes 4:

Councilmembers: Cloven , and Tillman; Vice Mayor Trupiano, and Mayor Diaz; Noes 1: Councilmember Wan).

Resolution 28-2024
c. Adopt a Resolution Approving Fiscal Year 2024-25 General Fund, Lighting Maintenance District Fund, Fiduciary Funds and Other Fund Budgets and Fiscal Year 2024-25 Salary Schedule. (Finance Advisor)
Financial Advisor, Regina Rubier, provided an overview on the Fiscal Year 2024-25 General Fund, Lighting Maintenance District Fund, Fiduciary Funds and Other Fund Budgets and Fiscal Year 2024-25 Salary Schedule. Following discussion by the City Council, Mayor Diaz opened the item to public comment:

Frank Gavidia – Thanked staff for the FY 20247-25 Budget and process.

It was moved by Councilmember Wan and seconded by Councilmember Trupiano, to adopt a Resolution Approving Fiscal Year 2024-25 General Fund, Lighting Maintenance District Fund, Fiduciary Funds and Other Fund Budgets and Fiscal Year 2024-25 Salary Schedule. (Ayes 3: Councilmember Wan, Vice Mayor Trupiano, and Mayor Diaz; Noes 2: Councilmembers Cloven and Tillman)
Resolution 29-2024

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

Councilmembers Tillman and Cloven requested to agendize a discussion with the City Attorney to discuss hiring an independent third-party investigator to conduct an investigation into employee turnover and requested governance training for the City Council.

10. COUNCIL REPORTS
Councilmember Cloven attended meeting(s) for: CBCA; Attended: Clayton Pride Parade.
6a Attachment 1
_____________________________________________________________________________________________ City Council Regular June 4, 2024 Page 5
Meeting Minutes
Councilmember Wan attended meeting(s) for: Budget and Audit Committee.

Councilmember Tillman attended meeting(s) for: Clayton Pride; and attended the city’s Memorial Day event.

Vice Mayor Trupiano attended meeting(s) for: Budget and Audit Committee; attended: Concerts in the Grove; Memorial Day event; and met with: Interim City Manager.

Mayor Diaz attended meeting(s) for: Mayor for the Day Alex Silvermaster; attended: Agenda setting committee; Concerts in the Grove; Memorial Day celebration; and met with: Interim City Manager.

11. ADJOURNMENT – on a call by Mayor Diaz, The City Council adjourned its meeting at 9:32 p.m. The next meeting will be on Tuesday June 18, 2024.

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
6a Attachment 1
____________________________________________________________________________ City Council Special Meeting Minutes July 9, 2024 Page 1

MINUTES
OF THE

SPECIAL MEETING

CLAYTON CITY COUNCIL
TUESDAY, July 9, 2024

1. CALL TO ORDER AND ROLL CALL – The meeting was called to order at 4:05 p.m. by Mayor Diaz, held in-person at the City Hall, 1st Floor Conference Room, 6000 Heritage Trail, Clayton, California. Council present: Mayor Diaz, Vice Mayor Trupiano, and Councilmembers: Cloven, Tillman, and Wan.

Staff present: Interim City Manager, Adam W. Politzer.

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

3. ADJOURNMENT
On a call by Mayor Diaz, the City Council adjourned its meeting at 9:35 p.m.

APPROVED BY THE CLAYTON CITY COUNCIL
______________________________________
Jim Diaz, Mayor
6a Attachment 2
City Council Agenda Item 6b Page 1 of 3 July 16, 2024
City Council Agenda Item 6b

STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Richard McEachin, Chief of Police
DATE: July 16, 2024
SUBJECT: Approve the purchase of a new police vehicle to replace an unserviceable police vehicle and authorize the disposal of a patrol vehicle as property surplus to the needs of the city

RECOMMENDATION
Approve the purchase of a 2025 Ford Police Interceptor Utility vehicle to replace an unserviceable police vehicle, along with emergency equipment outfitting and identifying decals, as follows:
1) The purchase of a 2025 Ford Police Interceptor Utility vehicle from $58,133.68 Folsom Lake Ford.
2) The purchase of emergency equipment and labor to install equipment $29,128.09 by Lehr Auto.
3) The purchase and application of identifying decals by Fast Signs $768.95 The total proposed expenditure for the new vehicle, fully outfitted, is $88,030.72 from the Capital Equipment Replacement Fund (CERF).

BACKGROUND
The City of Clayton’s Police Department has a fleet of 8 patrol vehicles. In the past, the Police Department has replaced at least one vehicle each year with a new police “Interceptor” vehicle which is specially designed to serve as a patrol vehicle. (Back to Agenda)
City Council Agenda Item 6b Page 2 of 3 July 16, 2024
This new vehicle will replace an unserviceable vehicle in the Police Department’s fleet. The unserviceable vehicle, a 2017 Ford Police Interceptor Utility (Unit 1741), has approximately 64,000 miles. Though vehicle 1741 is no longer suitable for patrol work, it will serve well as the “decoy” car used in our traffic calming program, replacing Unit 1737 in that manner. Unit 1737, a 2015 Ford Police Interceptor Utility, would then be “retired” and sent to auction. Unit 1737 was Clayton’s first SUV patrol vehicle, purchased in July 2014. It shows a great amount of wear and tear, with 91,000 miles, and has no useful hours left in it.

Council vote.

DISCUSSION
The Ford Motor Company manufactures two pursuit-rated vehicles- the Police Interceptor Utility (Ford Explorer platform), and the Police Interceptor Sedan (Ford Taurus platform).

Ford discontinued production of the Crown Victoria Police Interceptor in 2011, but they made a very large amount of them at that time, which allowed Clayton to purchase 2011 CVPI’s over the next few years. Once that inventory was depleted, agencies were left to locate new pursuit-rated vehicles to purchase. Many agencies, including the Clayton Police Department, went with the Ford Police Interceptor Utility. The first PIU purchased by Clayton was Unit 1737, in July 2014. Over the past 10 years, the City of Clayton has replaced the oldest or least reliable vehicle each year with a new, Police Interceptor Utility vehicle. Ford has redesigned the PIU for the 2025 model year, so most of the equipment in Unit 1737 cannot be transferred to the new vehicle due to fit.

Our typical staffing level is two or three officers on patrol at any given time. The police department routinely staffs “special events” where numerous officers are on duty at the same time. Patrol vehicles need routine maintenance, can suffer unexpected mechanical, communication, and emergency equipment failures. By maintaining a fleet of eight vehicles, we assure our capability to support all these missions simultaneously.

Unit 1737, which is used as the decoy car, has mechanical and aesthetic issues. The vehicle frequently does not start due to an unknown electrical issue draining the battery. The vehicle graphics are also brown and faded, and at close look, it is easily recognizable as a vehicle that is no longer in service, reducing its effectiveness as the decoy car. Placing 1741 into that role greatly improves the decoy car program, as it resembles an active patrol car.

FISCAL IMPACT
The City routinely purchases one new patrol vehicle per budget year.

The purchase will require the expenditure of monies as follows:
1) Purchase the new vehicle from Folsom Lake Ford $58,133.68 2) Parts and labor to outfit the car $29,128.09
3) Graphics $768.95
Total: $88,030.72
City Council Agenda Item 6b Page 3 of 3 July 16, 2024
This expenditure was anticipated as part of the FY 2024/25 budget. The expenditure was anticipated as part of the annual costs charged to the Capital Equipment Replacement Fund (CERF).

CEQA IMPACT
None.

ATTACHMENT(S)

1. Quote from Folsom Lake Ford for vehicle purchase

2. Invoice from Lehr for emergency equipment purchase/install on last year’s vehicle 6b Attachment 1
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City Council Agenda Item 6c Page 1 of 3 July 16, 2024
City Council Agenda Item 6c

STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Larry Theis, City Engineer
DATE: July 16, 2024
SUBJECT: Award of a Construction Contract to Rapid Grading Services from Hayward, CA for the Clayton Neighborhood Street Rehabilitation Project (CIP Project No. 2306 & Federal Project No. STPL-5386(011))

RECOMMENDATION
Award the Construction Contract to Rapid Grading Services from Hayward, CA for the total bid amount of $651,011.59; authorize project expenditure up to $814,000 (includes a 25% contingency); approve project construction plans in accordance with the design immunity requirements listed under California Government Code 830.6; and authorize the City Manager to execute the contract on behalf of the City.

BACKGROUND
The proposed pavement rehabilitation project includes streets that were originally selected for a previous paving project in that was solicited for bids in 2021. These streets were not included in the final contract since there were limited funds at the time. Therefore, the project this summer is the completion of those set of streets that were slated to be repaved in 2021. The following is the list of streets to be rehabilitated by performing digouts of potholes, crack sealing, and placement of Type II Microsurfacing treatment, including ADA curb ramp upgrades.

Mitchell Canyon Road (between Clayton Road and Herriman Road) Regency Drive (between Regency Drive and El Molino Drive) – Crack Seal Only Mountaire Parkway (between Marsh Creek Road to Mountaire Circle (south)) Caulfield Court -- Fleming Drive -- Mt. Vernon Drive (northern portion) -- Mt. Dell Drive Pinot Court – Digouts Only -- Capistrano Court
(Back to Agenda)
City Council Agenda Item 6c Page 2 of 3 July 16, 2024
The work being performed is a surface treatment (coating – not new asphalt pavement) to the existing pavement surface to seal the top of the pavement from water intrusion and weathering to extend the life of the pavement. The surface treatment requires three to four hours to cure before traffic can use the road again. Therefore on-street parking and access to homes will be temporarily restricted. It is normal that post treatment the road surface will shed tiny aggregate material. The traveling public should expect delays and detours. Staff will work with the contractor to limit impacts to school traffic during the portion of work along Mitchell Canyon Road north of Pine Hollow Rd.

DISCUSSION
The project bid documents were advertised in the City’s Online Planroom beginning June 3rd with the bid due date of July 9th at 2:00 p.m. Bids were received electronically and opened publicly via Zoom shortly after the deadline. Six bids were received as noted below:

Bidders Total Bid Price
Rapid Grading Services $651,011.59
Franco Engineering $821,772.00
S&H Construction $848,600.00
FBD Vanguard Construction $917,637.10
Kerex Engineering $948,620.50
Ghilotti Bros. $999,233.29
The apparent low bidder, Rapid Grading Services of Hayward, CA submitted the lowest bid of $651,011.59. Staff has reviewed the bid documents and determined that Rapid Grading Services to be responsible and their bid to be responsive to contract requirements and therefore recommends that the contract be awarded to their firm.

The construction plans which were part of the bid package are attached. The City Council, as the legislative body of the public agency, approves these plans in accordance with the design immunity defense requirements listed under California Government Code 830.6.

NEXT STEPS
Upon approval of the award of the construction contract, the contract will be delivered to the contractor for signature, submittal of performance and payment bonds, and evidence of insurance coverage naming the City as additional insured. Upon completion of all required elements of the contract, the City Manager will execute the contract on behalf of the City.

Project construction is estimated to begin in late August 2024 and be completed in late October 2024.

FISCAL IMPACT
The total bid amount for the construction contract with Rapid Grading Services is $651,011.59.

Staff is recommending authorization of the total construction contract expenditures up to $814,000 which is approximately a 25% contingency budget (~$163,000) for necessary change orders or unforeseen changes in condition. The construction budget will also include 6c Attachment 1
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City Council Agenda Item 6c Page 3 of 3 July 16, 2024
$135,000 for construction management services from Park Engineering performing work as a subconsultant through the City Engineering Services contract.

Project Expenditures Budget
Design Support during Construction $ 11,000.00
Construction Contract $651,011.59
Contingency $162,988.41
Construction Management Services $135,000.00
TOTAL $960,000.00
Project Funding Budget per CIP
Federal Funds (OBAG2) Grant $308,000.00
CCTA – Major Streets Grant $409,173.00
Gas Tax RMRA $484,856.00
TOTAL $1,202,029.00
As shown, the anticipated construction expenditures for the project are within the allocated funds in the Capital Improvement Plan. At the conclusion of the work and acceptance of the project, any remaining unused funds will be returned to the City’s Gas Tax RMRA Fund 202 to be used for other future roadway projects.

CEQA IMPACT
Notice of Exemption were filed for Categorical Exemption to CEQA by the City and Categorical Exclusion to NEPA by Caltrans since this project involves federal grant funds.

ATTACHMENT(S)

1. Clayton Neighborhood Street Rehabilitation Project Plans

2. Bid Abstract

3. CIP Budget Worksheet
Town of Moraga
Fed Project # STPL-5386(011)
BID ITEM ITEM DESCRIPTION Unit QTY UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Mobilization LS 1 $ 30,000.00 $ 30,000.00 $ 36,678.93 $ 36,678.93 $ 70,000.00 $ 70,000.00 $ 50,000.00 $ 50,000.00 $ 80,000.00 $ 80,000.00 $ 45,000.00 $ 45,000.00 $ 82,500.00 $ 82,500.00 2 Traffic Control LS 1 $ 30,000.00 $ 30,000.00 $ 61,872.42 $ 61,872.42 $ 50,000.00 $ 50,000.00 $ 30,000.00 $ 30,000.00 $ 22,785.00 $ 22,785.00 $ 50,000.00 $ 50,000.00 $ 80,000.00 $ 80,000.00 3 Water Pollution Control LS 1 $ 15,000.00 $ 15,000.00 $ 7,263.07 $ 7,263.07 $ 5,000.00 $ 5,000.00 $ 18,835.00 $ 18,835.00 $ 4,000.00 $ 4,000.00 $ 7,500.00 $ 7,500.00 $ 9,000.00 $ 9,000.00 4 Construction Survey LS 1 $ 21,600.00 $ 21,600.00 $ 14,200.00 $ 14,200.00 $ 20,000.00 $ 20,000.00 $ 12,055.00 $ 12,055.00 $ 16,000.00 $ 16,000.00 $ 7,500.00 $ 7,500.00 $ 14,200.00 $ 14,200.00 5 Remove Traffic Stripes, Markings and Markers LS 1 $ 5,000.00 $ 5,000.00 $ 9,889.43 $ 9,889.43 $ 10,000.00 $ 10,000.00 $ 2,055.00 $ 2,055.00 $ 10,700.00 $ 10,700.00 $ 13,500.00 $ 13,500.00 $ 12,250.00 $ 12,250.00 6 Remove Concrete SF 5,400 $ 8.00 $ 43,200.00 $ 10.56 $ 57,024.00 $ 10.00 $ 54,000.00 $ 10.00 $ 54,000.00 $ 23.00 $ 124,200.00 $ 8.00 $ 43,200.00 $ 14.00 $ 75,600.00 7 PCC Sidewalk SF 1,360 $ 20.00 $ 27,200.00 $ 15.72 $ 21,379.20 $ 22.00 $ 29,920.00 $ 40.00 $ 54,400.00 $ 12.00 $ 16,320.00 $ 10.00 $ 13,600.00 $ 37.50 $ 51,000.00 8 PCC Valley Gutter SF 635 $ 35.00 $ 22,225.00 $ 26.86 $ 17,056.10 $ 25.00 $ 15,875.00 $ 30.00 $ 19,050.00 $ 18.00 $ 11,430.00 $ 10.00 $ 6,350.00 $ 61.50 $ 39,052.50 9 PCC Curb & Gutter LF 930 $ 120.00 $ 111,600.00 $ 57.15 $ 53,149.50 $ 70.00 $ 65,100.00 $ 30.00 $ 27,900.00 $ 50.00 $ 46,500.00 $ 18.00 $ 16,740.00 $ 120.00 $ 111,600.00 10 PCC Curb Ramp EA 27 $ 8,000.00 $ 216,000.00 $ 2,101.69 $ 56,745.63 $ 7,875.00 $ 212,625.00 $ 3,000.00 $ 81,000.00 $ 4,500.00 $ 121,500.00 $ 12,500.00 $ 337,500.00 $ 6,150.00 $ 166,050.00 11 6-inch HMA Deep Lift Conform SF 3,130 $ 8.00 $ 25,040.00 $ 13.85 $ 43,350.50 $ 10.00 $ 31,300.00 $ 30.00 $ 93,900.00 $ 26.00 $ 81,380.00 $ 20.00 $ 62,600.00 $ 31.50 $ 98,595.00 12 Adjust Pullbox EA 3 $ 1,000.00 $ 3,000.00 $ 80.04 $ 240.12 $ 500.00 $ 1,500.00 $ 1,000.00 $ 3,000.00 $ 368.00 $ 1,104.00 $ 1,000.00 $ 3,000.00 $ 400.00 $ 1,200.00 13 Crack Sealing SY 2,603 $ 1.00 $ 2,603.00 $ 1.39 $ 3,618.17 $ 1.50 $ 3,904.50 $ 5.00 $ 13,015.00 $ 1.60 $ 4,164.80 $ 2.00 $ 5,206.00 $ 1.38 $ 3,592.14 14 Type II Micro-Surfacing SY 33,895 $ 4.50 $ 152,527.50 $ 4.80 $ 162,696.00 $ 5.00 $ 169,475.00 $ 7.00 $ 237,265.00 $ 5.50 $ 186,422.50 $ 5.20 $ 176,254.00 $ 4.77 $ 161,679.15 15 4-inch Digout SF 5,624 $ 6.00 $ 33,744.00 $ 11.58 $ 65,125.92 $ 8.00 $ 44,992.00 $ 10.00 $ 56,240.00 $ 26.00 $ 146,224.00 $ 20.00 $ 112,480.00 $ 9.75 $ 54,834.00 16 Reset Traffic Sign EA 3 $ 400.00 $ 1,200.00 $ 475.76 $ 1,427.28 $ 445.00 $ 1,335.00 $ 1,000.00 $ 3,000.00 $ 514.00 $ 1,542.00 $ 500.00 $ 1,500.00 $ 445.00 $ 1,335.00 17 Thermoplastic Markings - Crosswalks and Limit Lines SF 681 $ 10.00 $ 6,810.00 $ 10.69 $ 7,279.89 $ 10.00 $ 6,810.00 $ 10.00 $ 6,810.00 $ 12.00 $ 8,172.00 $ 12.00 $ 8,172.00 $ 10.00 $ 6,810.00 18 Thermoplastic Markings - Symbols and Legends SF 22 $ 12.00 $ 264.00 $ 10.69 $ 235.18 $ 10.00 $ 220.00 $ 100.00 $ 2,200.00 $ 12.00 $ 264.00 $ 12.00 $ 264.00 $ 10.00 $ 220.00 19 Thermoplastic Stripe - Detail 4 LF 2,353 $ 2.00 $ 4,706.00 $ 2.14 $ 5,035.42 $ 2.00 $ 4,706.00 $ 10.00 $ 23,530.00 $ 2.30 $ 5,411.90 $ 3.00 $ 7,059.00 $ 2.00 $ 4,706.00 20 Thermoplastic Stripe - Detail 23 LF 275 $ 4.00 $ 1,100.00 $ 5.35 $ 1,471.25 $ 5.00 $ 1,375.00 $ 10.00 $ 2,750.00 $ 6.00 $ 1,650.00 $ 7.00 $ 1,925.00 $ 5.00 $ 1,375.00 21 Thermoplastic Stripe - Detail 27B LF 1,741 $ 2.00 $ 3,482.00 $ 2.67 $ 4,648.47 $ 2.50 $ 4,352.50 $ 10.00 $ 17,410.00 $ 3.00 $ 5,223.00 $ 3.00 $ 5,223.00 $ 2.50 $ 4,352.50 22 Painted Markings (One Coat) - Crosswalks and Limit Lines SF 415 $ 6.00 $ 2,490.00 $ 6.41 $ 2,660.15 $ 6.00 $ 2,490.00 $ 20.00 $ 8,300.00 $ 7.00 $ 2,905.00 $ 8.00 $ 3,320.00 $ 6.00 $ 2,490.00 23 Painted Markings (One Coat) - Symbols and Legends SF 236 $ 8.00 $ 1,888.00 $ 6.41 $ 1,512.76 $ 6.00 $ 1,416.00 $ 20.00 $ 4,720.00 $ 7.00 $ 1,652.00 $ 8.00 $ 1,888.00 $ 6.00 $ 1,416.00 24 Painted Stripe (One Coat) - Detail 10 LF 3,583 $ 1.00 $ 3,583.00 $ 2.14 $ 7,667.62 $ 2.00 $ 7,166.00 $ 5.00 $ 17,915.00 $ 2.30 $ 8,240.90 $ 2.50 $ 8,957.50 $ 2.00 $ 7,166.00 25 Painted Stripe (One Coat) - Detail 23 LF 1,494 $ 3.00 $ 4,482.00 $ 5.35 $ 7,992.90 $ 5.00 $ 7,470.00 $ 5.00 $ 7,470.00 $ 6.00 $ 8,964.00 $ 6.00 $ 8,964.00 $ 5.00 $ 7,470.00 26 Painted Stripe (One Coat) - Detail 38C LF 118 $ 2.00 $ 236.00 $ 5.35 $ 631.30 $ 5.00 $ 590.00 $ 10.00 $ 1,180.00 $ 6.00 $ 708.00 $ 6.00 $ 708.00 $ 5.00 $ 590.00 27 Two-Way Reflective Fire Hydrant Blue Marker EA 6 $ 30.00 $ 180.00 $ 26.73 $ 160.38 $ 25.00 $ 150.00 $ 100.00 $ 600.00 $ 29.00 $ 174.00 $ 35.00 $ 210.00 $ 25.00 $ 150.00 $ 769,160.50 $ 651,011.59 $ 821,772.00 $ 848,600.00 $ 917,637.10 $ 948,620.50 $ 999,233.29 Rapid Grading Services
23842 Cabot Blvd
Hayward, CA 94545
Franco Engineering
8657 Waterwell Way
Tracy, CA 95304
Ghilotti Bros.
525 Jacoby Street
San Rafael, CA 94901

ENGINEER'S ESTIMATE
Total Engineer's Estimate
CLAYTON NEIGHBORHOOD STREET REHABILITATION PROJECT S&H Construction 5560 Boscell Common
Fremont, CA 94538
City Project #2306
FBD Vanguard Construction
550 Greenville Road
Livermore, CA 94550
Kerex Engineering
4941 Pacheco Blvd
Martinez, CA 94553
6c Attachment 2
Capital Improvement Plan
City of Clayton, California
'23/'24 '27/'28 thru
Description
Perform pavement rehabilitation to elevate neighborhood streets to a Pavement Condition Index (PCI) of 80 or greater (where PCI score of 100 is equivalent to a brand new street). Citywide public street PCI is 78 in 2022.

Mitchell Canyon Road (between Clayton Road and Herriman Road), Regency Drive (between Regency Drive and El Molino Drive), Mountaire Parkway (between Marsh Creek Road to Mountaire Circle (south)), Caulfield Court, Fleming Drive, Mt. Vernon Drive (northern portion), Mt.

Dell Drive, Pinot Court, and Capistrano Court.

Project # 10449/2306
Justification
Roadway pavement rehabilitation work is necessary to prevent the pavement condition to fall into the "Poor" condition rating. Research has shown it would cost more to repair a roadway that deteriorated to the point where major rehabilitaiton or reconstruction is necessary.

Useful Life 15
Project Name 2024 Neighborhood Paving Project
Category Transportation/Drainage
Type Roads
Contact Engineering
Department Engineering
Total Project Cost: $1,202,029
Expenditures '23/'24 '24/'25 '25/'26 '26/'27 '27/'28 Total Planning/Design 195,000 195,000
Construction Management 154,879 154,879
Construction 852,150 852,150
Total 1,202,029 1,202,029
Funding Sources '23/'24 '24/'25 '25/'26 '26/'27 '27/'28 Total Fund 202 RMRA 484,856 484,856
Fund 230 Restricted Grant 717,173 717,173
Total 1,202,029 1,202,029
2024-2025 CIP
2 6c Attachment 3

CCWD UPDATE
July 2024 | President Ernesto Avila
7a Attachment 1
(Back to Agenda)
CCWD UPDATE 2

BOARD OF DIRECTORS
Ernesto A. Avila, P.E.

President
Division 3
Antonio Martinez
Vice President
Division 4
John A. Burgh
Director
Division 2
Connstance Holdaway
Director
Division 5
Patt Young
Director
Division 1
7a Attachment 1

SERVICE AREA
CCWD UPDATE 3
7a Attachment 1

CCWD UPDATE

WATER SYSTEM AT A GLANCE
Untreated Water System
 4 Delta intakes
 4 storage reservoirs
 48-mile canal
 Shortcut Pipeline
Treated Water System
 3 water treatment plants
 61,736 connections
 891 miles of pipes
 41 storage tanks
 31 pump stations
4 7a Attachment 1
5 WATER JOURNEY

CCWD UPDATE
7a Attachment 1
6 WATER SUPPLY
Los Vaqueros: 91% full
Lake Shasta: 84% full

CCWD UPDATE
7a Attachment 1
7 WATER SUPPLY

CCWD UPDATE
October 25, 2022 March 9, 2023 July 9, 2024
7a Attachment 1
8 WATER SUPPLY
Los Vaqueros: 92% full

CCWD UPDATE
7a Attachment 1
9 RESOURCES AND REBATES
Residential
• Water Wise House Calls
• Lawn-to-Garden
• Smart irrigation controllers
• Mulch and car wash coupons
Commercial
• Water Use Evaluations
• Lawn-to-Garden
• Irrigation equipment
• Water conservation devices
More at ccwater.com/rebates or 925-688-8320

CCWD UPDATE
7a Attachment 1
10 WATER SALES

CCWD UPDATE
• FY24 water sales are projected to be on budget
7a Attachment 1
CCWD UPDATE 11

YOUR WATER RATES AT WORK
$0.94
$0.01
$0.14
$0.56
$0.05
$0.08
$1.21
Theaverage
customer
pays about
$3/day*
■ INVESTMENTS IN INFRASTRUCTURE
Pipeline Renewal, Canal Replacement,Water TreatmentPlant Upgrades ■ PURCHASED WATER
■ WATERSUPPLY ANDRESOURCE PROTECTION
Water SupplyPlanning,Watershed Management, Recreation
■ SYSTEM OPERATIONS & MAINTENANCE
Water Treatment,WaterDelivery, Leak Inspection and Repair ■ ADMINISTRATION
Human Resources, Safety,Accounting and Payroll
■ CUSTOMER CARE
Customer Service, Billing, Water Efficiency Support,
and Public Affairs
■ COMMUNITY EDUCATIONAND

WORKFORCE DEVELOPMENT
K-12 WaterEducationand FieldTrips,
and Internships
* Figure is basedon a customer whouses 260 gallons per day andlives in EnergyZone 1.
7a Attachment 1
CCWD UPDATE 12

MEETING FUTURE WATER NEEDS
7a Attachment 1
CCWD UPDATE 13

MEETING FUTURE WATER NEEDS
7a Attachment 1
14 CANAL MODERNIZATION

CCWD UPDATE
7a Attachment 1
CCWD UPDATE 15

CANAL REPLACEMENT PROJECT
7a Attachment 1
CCWD UPDATE 16
7a Attachment 1
CCWD UPDATE 17

CCWD IN THE COMMUNITY
7a Attachment 1

CCWD UPDATE
THANK YOU!
Questions?
Visit us online at ccwater.com
Call 925-688-8000
Connect with us!
Contra Costa Water District
@CCWD
18 7a Attachment 1
City Council Agenda Item 9a Page 1 of 2 July 16, 2024
City Council Agenda Item 9a

STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Larry Theis, P.E., City Engineer
DATE: July 16, 2024
SUBJECT: Public Hearing on Proposed Real Property Assessments for the Diablo Estates at Clayton Benefit Assessment District (BAD); Ordering Improvements and Levying Annual Assessments in Fiscal Year 2024/25

RECOMMENDATION
Open the Public Hearing, receive public comments, on Proposed Real Property Assessments for the Diablo Estates at Clayton Benefit Assessment District (BAD), close the Public Hearing, and take action to adopt a Resolution which allows for the annual levying of assessments.

BACKGROUND
The City Council, at its June 4, 2024 City Council meeting, approved the Engineer’s Report including the proposed assessments. The Fiscal Year 2024/25 assessment rate is proposed to be increased by 4.00% over the Fiscal Year 2023/24 applied assessment rate. The assessments collected from property owners will primarily be used to fund the maintenance of various improvements benefiting real property owners within the Diablo Estates at Clayton development. A notice regarding the public hearing, along with a copy of the Engineer’s Report was sent by mail to the property owners. The Engineer’s Report provides an overview of the proposed expenditures for the Diablo Estates at Clayton Benefit Assessment District (BAD), and a listing of the items included within the target amount to be collected annually for reserves.

Tonight, the required public hearing will be opened to provide an opportunity for assessed property owners to share their comments. After all public testimony has been heard, the City Council should officially close the public hearing. Following the closure of the public hearing, the City Council will consider any public comments received and proceed with the consideration and adoption of the Resolution that levied the annual assessments on the real properties within the District for Fiscal Year 2024/25. (Back to Agenda)
City Council Agenda Item 9a Page 2 of 2 July 16, 2024

DISCUSSION
Tonight, City staff is recommending the City Council approve the Resolution confirming the levy of assessments within the Diablo Estates at Clayton Benefit Assessment District for Fiscal Year 2024/25 which is in the amount of $4,060.84 for each of the 24 single family lots within the District.

FISCAL IMPACT
If the annual assessment rate is approved as recommended, the City will continue to manage the maintenance duties specified in the Engineer’s Report on behalf of the benefitted real property. The BAD fund balance will cover the District’s costs until receipt of the first payment from the County in December. Therefore, this action will not impact the City’s General Fund.

CEQA IMPACT
None.

ATTACHMENTS

1. Resolution confirming Assessments

2. Notice to Property Owners

3. BAD Fiscal Year 2024/25 Engineer’s Report Packet
Resolution No. XX-2024 Page 1 of 2 July 16, 2024
RESOLUTION NO. XX-2024

A RESOLUTION CONFIRMING ASSESSMENTS FOR THE OPERATION AND

MAINTENANCE OF IMPROVEMENTS WITHIN THE DIABLO ESTATES AT CLAYTON BENEFIT ASSESSMENT DISTRICT FOR FISCAL YEAR 2024/25

THE CITY COUNCIL
City of Clayton, California
WHEREAS, by adoption of Resolution No. 22-2024 on June 4, 2024, the Clayton City Council approved the Engineer’s Report on the proposed assessment levy for maintaining various improvements within the Diablo Estates at Clayton Benefit Assessment District during Fiscal Year 2024/25, and set a public hearing thereon for July 16, 2024, to be held at the regular meeting place of the Clayton City Council; and WHEREAS, notice of said hearing and the adoption of Resolution No. 22-2024 was duly given as required; and
WHEREAS, on July 16, 2024, the City Council held the noticed public hearing on the proposed assessment for the Fiscal Year 2024/25 and heard and considered all oral statements and written communications made and filed thereon by interested persons; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Clayton, California, does hereby.

1. The City Council hereby orders the levy of an assessment in the amount of $4,060.84 on each lot within the Diablo Estates at Clayton Benefit Assessment District and this Resolution shall constitute the levy and confirmation of such assessment for Fiscal Year 2024/25.

2. The City Clerk shall immediately file a certified copy of this Resolution, together with any required diagrams and a list of lots assessed, with both the Tax Collector and the Auditor of Contra Costa County, with the Assessment to thereafter be collected in the same manner as the property taxes are collected.

Resolution No. XX-2024 Page 2 of 2 July 16, 2024
PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California, at a regular public meeting thereof held on the 16th day of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

Stephanie Cabrera-Brown, City Clerk
Diablo Estates at Clayton Benefit Assessment District

NOTICE TO PROPERTY OWNERS FOR LEVY OF ASSESSMENT
Reason for Assessment
At the request of the original project developer, Toll Bros., Inc., the City of Clayton City Council (“Council”) approved Resolution No. 04-2012 on February 7, 2012, forming the Diablo Estates at Clayton Benefit Assessment District (“District”) to fund and to pay for the oversight and maintenance of certain facilities solely benefiting land owners in the District, such as the stormwater treatment facilities, storm drain collection system, common area landscape and irrigation, street lighting and weed abatement of natural slope areas, all as described in the original Engineer’s Report approved by the Council on March 20, 2012.

NOTICE
This notice informs you, as a real property owner within the Diablo Estates at Clayton Benefit Assessment District that on June 4, 2024, the City of Clayton City Council adopted a Council Resolution approving the Engineer’s Report for Fiscal Year 2024/25, declaring its intent to levy assessments for Fiscal Year 2024/25 and setting a public hearing on the issue of the proposed assessments:

PUBLIC HEARING: 7:00 p.m. July 16, 2024
City Council Regular Meeting
Hoyer Hall, 6125 Clayton Road, Clayton, CA
Assessment Information

1. The total proposed District assessment for the fiscal year beginning on July 1, 2024 and ending June 30, 2025 is $97,460.16.

2. Proposed maximum assessment rate per parcel: The Fiscal Year 2024/25 maximum assessment rate per parcel is proposed to be $4,409.39 which includes a 4% increase over the existing Fiscal Year 2023/24 maximum assessment rate of $4,239.80 per year. The maximum assessment rate increase is in accordance with the annual adjustment by the applicable Consumer Price Index (April 2023 – April 2024; San Francisco- OaklandHayward, CA – All Urban Consumers) (the “CPI”), as authorized by the property owner balloting in 2012. However, the City has elected to levy below the Fiscal Year 2024/25 maximum assessment rate in an amount equal to $4,060.84 in Fiscal Year 2024/25, which is a 4.00% increase over the Fiscal Year 2023/24 applied assessment rate of $3,904.65.

3. Duration of assessment: The assessment will be levied annually at the rate proposed above and collected via one’s property tax bill in Fiscal Year 2024/25. The maximum annual assessment rate may only be increased (other than the authorized allowable annual CPI increase described above) in the future by approval of a majority of the property owners.

4. Comments and protests may be submitted to the city prior to or at the public hearing.

5. Engineer’s Report: Attached is a copy of the approved Engineer’s Report for Fiscal Year 2024/25.

Questions
If any questions arise regarding the proposed real property assessments for Fiscal Year 2024/25, please contact Clayton City Engineer Larry Theis. He may be contacted at (925) 890-9732 and at [email protected].
9a Attachment 2
Diablo Estates at Clayton
Benefit Assessment District
Fiscal Year 2024-25
Final Engineer’s Report
July 16, 2024
9a Attachment 3
CITY OF CLAYTON FISCAL YEAR 2024-25

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT TABLE OF CONTENTS i
Table of Contents
Page No.

Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 2 Part A – Plans and Specifications ......................................... 4 Part B – Estimate of Cost...................................................... 5 Part C – Assessment District Diagram .................................. 7 Part D – Method of Apportionment of Assessments.............. 9 Part E - Assessment Roll .................................................... 13 Appendix
Appendix A – Assessment Roll
9a Attachment 3
CITY OF CLAYTON FISCAL YEAR 2024-25

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF CLAYTON

DIABLO ESTATES AT CLAYTON BENEFIT ASSESSMENT DISTRICT
FISCAL YEAR 2024-25
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Clayton City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, provisions of the Benefit Assessment Act of 1982 of the California Government Code being Section 54716 et. Seq (the “1982 Act”), and complies with the annual provisions outlined in the Landscape and Lighting Act of 1972 being Section 22500 et al of the California Streets and Highways Code (the “1972 Act”). The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: June 30, 2024 By: _________________________
Eduardo Espinoza, P.E.

RCE # 83709
9a Attachment 3
CITY OF CLAYTON FISCAL YEAR 2024-25

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT INTRODUCTION 1 SECTION I

INTRODUCTION
In 2012, at the request of Toll Brothers, the developer of the Diablo Estates at Clayton project (Subdivision 8719), property owners were noticed and balloted, and the property owners supported the formation of an assessment district and the City Council approved the formation with Resolution No. 04-2012.

The purpose of forming the Diablo Estates at Clayton Benefit Assessment District (the “District”) is to levy and collect special assessments annually to fund the maintenance and operation of landscaping, street lighting, drainage and stormwater treatment improvements that are of benefit to the properties in the Diablo Estates at Clayton subdivision.

The District is approximately 19-acres and is generally southeast of Regency Drive, northeast of Rialto Drive, and along Seminary Ridge Place. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.

The District was formed under the Benefit Assessment Act of 1982 (Section 54703 et seq. of the California Government Code), and was intended to comply with the annual provisions outlined in the Landscape and Lighting Act of 1972 (Section 22500 et seq. of the Streets and Highways Code). While the Benefit Assessment Act of 1982 does not require further action annually to levy and collect assessments, the Landscaping and Lighting Act of 1972 requires the annual preparation of an Engineer’s Report and Council approval to levy and collect assessments.
9a Attachment 3
CITY OF CLAYTON FISCAL YEAR 2024-25
DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT ENGINEER’S REPORT 2 SECTION II

ENGINEER'S REPORT PREPARED FOR THE CITY OF CLAYTON

DIABLO ESTATES AT CLAYTON BENEFIT ASSESSMENT DISTRICT
FISCAL YEAR 2024-25
Pursuant to the Benefit Assessment Act of 1982 (Part 1 of Division 2 of Title 5 of the Government Code of the State of California), and in compliance with the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), I, Eduardo Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the City of Clayton Diablo Estates at Clayton Benefit Assessment District (the “District”) submit the following Report, consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Clayton and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2024-25, including incidental costs and expenses in connection therewith.

The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Clayton.

PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Clayton.

The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.
9a Attachment 3
CITY OF CLAYTON FISCAL YEAR 2024-25
DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT ENGINEER’S REPORT 3 PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s classification within the District in proportion to the estimated special benefits to be received.

PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Clayton and is incorporated in this Report. The list is keyed to the records of the Contra Costa County Assessor, which are incorporated herein by reference.
9a Attachment 3
CITY OF CLAYTON FISCAL YEAR 2024-25

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT PLANS AND SPECIFICATIONS 4 PART A

PLANS AND SPECIFICATIONS
The work and improvements proposed to be undertaken by the City and the District, and the costs thereof paid from the levy of annual assessments, provides special benefit to Assessor Parcels within the District. The work, services, and improvements maintained and funded by the District are generally described as follows:

Maintenance and servicing of public improvements, including but not limited to, storm drain systems, landscape and lighting and all necessary appurtenances, and labor, materials, supplies, utilities and equipment, and incidental costs as applicable, for property in the District that is owned or maintained by the City of Clayton.

As applied herein, the term “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing, of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, health, and beauty of landscaping, including cultivation, irrigation, trimming spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste; the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; the cleaning and replacement of storm drain pipes, drop inlets, catch basins and manholes.
“Servicing” means the cost of maintaining any facility used to provide any service, the furnishing of electric current, or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or water for the irrigation of any landscaping, or the maintenance of any other improvements.

Drawings showing the specific locations of the improvements are on file in the City’s Public Works Department and are made a part of this report by reference. 9a Attachment 3
CITY OF CLAYTON FISCAL YEAR 2024-25

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT ESTIMATE OF COSTS 5 PART B

ESTIMATE OF COSTS
All eligible improvements within the District are maintained and serviced on a regular basis. The proposed cost estimate for the District is shown herein. This includes an estimate of the costs of utilities, operations, services, administration, and maintenance associated with the improvements, including all labor, personnel, equipment, materials, and administrative expenses. The summary also shows estimates of reserves and the projected fund balances based upon the estimated expenditures and assessment revenue.

Projected Beginning Fund Balance (7/1/2024) $331,700
Projected Revenues
Assessment Revenues $97,460
Interest Earnings $3,500
Total Projected Revenues $100,960
Estimate of Expenditures
Administrative/Management Costs $12,000
PG&E Service $800
Water Service $7,500
Legal Notices $0
Property Tax and County Collection Fees $500
Engineering/Inspection Service $2,500
Weed Abatement Services $12,000
Other Professional Services $27,000
Total Estimate of Expenditures $62,300
Estimate of Reserves
Operating Reserves1 $31,150
Capital Reserves $339,210
Total Estimate of Reserves $370,360
Projected Surplus Ending Fund Balance (6/30/2025) $0
1 Operating Reserves are estimated to be 50% of the annual expenditures.

Fiscal Year 2024-25 Cost Estimate
Benefit Assessment District
Diablo Estates at Clayton
City of Clayton
9a Attachment 3
CITY OF CLAYTON FISCAL YEAR 2024-25

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT ESTIMATE OF COSTS 6 The purpose of the various reserves is to ensure the District will have funds available for cashflow purposes and to repair or reconstruct the improvements that are the responsibility of the District.

The Operating Reserve target is fifty percent (50%) of the projected expenditures.

Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.

The purpose of collecting and holding funds in a Capital Reserve is so that when and if improvements need to be replaced or expenditures that are greater than can be conveniently raised from a single year’s assessment, funds are available so that the District can respond and address the need promptly.

A summary of the improvements initially constructed that may require replacement at the end of their useful life, an estimate of the cost for each improvement, an estimate of the service life of each improvement, and the targeted annual collection amount for each improvement follows:

Item Quantity Unit
Unit
Cost
Total Cost
Estimate
Estimate of
Service Life
(Years)
Target Annual
Collection
Amount
Tree Replacement 33 EA $285 $9,405 40 $235
Entry Monument Replacement 1 EA $4,000 $4,000 25 $160
V-Ditch Repair/Replacement 2,038 LF $50 $101,900 25 $4,076 Vortsentry Replacement 1 EA $100,000 $100,000 100 $1,000 Stormwater Basin Replacement 48 EA $2,000 $96,000 10 $9,600 CB/MH/SD Pipe Replacement 1 LS $79,000 $79,000 100 $790 General - - - - - $2,000
Total $390,305 $17,861
9a Attachment 3
CITY OF CLAYTON FISCAL YEAR 2024-25

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT ASSESSMENT DIAGRAM 7 PART C

ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are shown herein. The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.

A reduced copy of the Assessment Diagram is shown on the following page. 9a Attachment 3
City of Clayton
Diablo Estates at Clayton
Benefit Assessment District
100 50 0 100 200 300
Feet
¯
Legend
Benefit Assessment
District Boundary
Parcel Lines
Parcels within District
Boundary

RIALTO DR

REGENCY DR

PETAR CT
9a Attachment 3
CITY OF CLAYTON FISCAL YEAR 2024-25

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT METHOD OF APPORTIONMENT 9 PART D

METHOD OF APPORTIONMENT OF ASSESSMENTS
General
The 1982 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements and property related services which include the construction, maintenance and servicing of drainage, flood control, street lighting, streets, roadways, and appurtenant facilities. Section 54711 of the 1982 Act further requires that the cost of these improvements be levied according to benefit conferred upon properties rather than assessed value. This Section states:
“The amount of the assessment imposed on any parcel of property shall be related to the benefit to the parcel which will be derived from the provision of the service.” In addition, the 1982 Act permits the designation of zones or areas of benefit within any individual assessment district. Thus, the 1982 Act requires the levy of a true "assessment" rather than a "special tax."
Article XIIID, Section 4(a) of the California Constitution (also known as Proposition 218, approved by the California voters in November 1996) limits the amount of any assessment to the proportional special benefit conferred on the property. “No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.” Article XIIID provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private residential, commercial, industrial, and institutional activities.

Discussion of Benefit
The District consists of all Assessor Parcels within the boundaries of the District. The method of apportioning costs and assessing properties is based upon the proportional special benefits to be conferred by the improvements and services to the properties within the boundaries of the District that are over and above the general benefits conferred to property or the public at large. The apportioning of special benefit is a two-step process: the first step is to identify the types of special benefits arising from the improvements and services, and the second step is to allocate the costs and assign assessments to property based on the estimates of the special benefit being conferred to each property. 9a Attachment 3
CITY OF CLAYTON FISCAL YEAR 2024-25

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT METHOD OF APPORTIONMENT 10 In summary, the assessments can only be levied based on the special benefit to property.

This benefit is received by property over and above any general benefits. Moreover, such benefit is not based on any one property owner's use of the District's storm drain system, streets and sidewalks, corridor landscaping, lighting, or a property owner's specific demographic status. With reference to the requirements for assessments the following benefit categories summarize the types of special benefit to residential, commercial, industrial, and other lots and parcels resulting from the installation, maintenance, and servicing of the improvements to be provided with the assessment proceeds. These categories of special benefit are derived in part from the statutes passed by the California Legislature and other studies which describe the types of special benefit received by property from the installation, maintenance, and servicing of improvements such as those proposed by the District. These types of special benefit are summarized as follows:
• Creation of individual lots for residential use that, in absence of the services and improvements to be funded by the assessments, would not be created. • Improved utility and usability of property.
• Improved safety and security lighting for property.
• Enhanced visual experience, and desirability of the area. • Protection of views, scenery and other resources, values and environmental benefits enjoyed by residents and guests and preservation of public assets maintained by the City.
• Moderation of temperatures, dust control, and other environmental benefits.

These benefits when conferred to property in the District, specifically increase the utility of the property within the District. For example, the assessments will provide funding to maintain lighting that improves safety and access to the property after dark and landscaping that provides visual and environmental benefits to the properties within the District. Such improved and well-maintained public facilities enhance the overall usability, quality, desirability, and safety of the properties. Moreover, funding for the maintenance and servicing of such public facilities is a condition of development of Diablo Estates at Clayton that is needed to mitigate the negative impacts of this development on the City. Without the District, this condition of development would not have been satisfied, which may have affected the approval of new homes on the property. This is another special benefit to the properties in the District.

General versus Special Benefit
The proceeds from the District would be used to fund improvements and increased levels of maintenance to the public facilities that serve and benefit the properties in the District. In the absence of the District, such improvements would not be properly maintained. Therefore, the District is specifically proposed to ensure that the necessary and beneficial public facilities for property in the District are properly maintained and repaired over time. The assessments will ensure that landscaping and street lighting within and adjacent to the District are functional, well maintained, clean and safe. These public resources directly benefit the property in the District and will confer distinct and special benefits to the properties within the District. 9a Attachment 3
CITY OF CLAYTON FISCAL YEAR 2024-25

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT METHOD OF APPORTIONMENT 11 In absence of the assessments, a condition of development would not have been met and home construction in the District may have been denied. The creation of residential lots and the approval for the construction of homes in Diablo Estates at Clayton is the overriding clear and distinct special benefit conferred exclusively on property in the District and not enjoyed by other properties outside the District. Moreover, benefits to the public at large, if any, will be offset by benefits residents within the District receive from the use of other similar public facilities not funded by the District. Therefore, the assessments solely provide special benefit to property in the District (100% special benefit) over and above the general benefits conferred to the public at large or properties outside the District.

Method of Assessment
This process of apportioning assessments for each property involves determining the relative benefit received by each property in relation to a single family home, or, in other words, on the basis of Single Family Equivalent dwelling units (SFE). This SFE methodology is commonly used to distribute assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of assessments. For the purposes of this Engineer's Report, all properties are designated an SFE value, which is each property's relative benefit in relation to a single family home on one parcel. In this case, the "benchmark" property is the single family detached dwelling which is one Single Family Equivalent unit or one SFE.

Assessment Apportionment
The proposed improvements and services provide direct and special benefit to properties in the District. Diablo Estates at Clayton is a residential single family development project consisting of a total of 24 single family homes, each on a separate parcel. As such, each residential property receives similar benefit from the proposed Improvements. Therefore, the Engineer at the time of formation determined that the appropriate method of apportionment of the benefits derived by all parcels is on a dwelling unit or single family residence basis. All improved properties or properties proposed for development are assigned an SFE factor equal to the number of dwelling units developed or planned for the property. In other words, developed parcels and vacant parcels with proposed development will be assessed 1 SFE.

It was recognized that the cost of maintaining the District improvements and providing services would increase slightly each year because of inflation. For this reason, the property owners approved a formula for increasing assessments for each future fiscal year to offset increases in costs due to inflation. Therefore, the maximum annual assessment rate may be increased annually in an amount tied to the Consumer Price Index for Urban Consumers (CPI-U) for the San Francisco Bay Area as of April of each succeeding year, with the maximum annual increase not to exceed 4%. In the event that the annual change in the CPI exceeds 4%, any percentage change in excess of 4% can be cumulatively reserved and can be added to the annual change in the CPI for years in which the CPI change is less than 4%. 9a Attachment 3
CITY OF CLAYTON FISCAL YEAR 2024-25

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT METHOD OF APPORTIONMENT 12 The change in the CPI from April 2023 to April 2024 was 3.77%. Since the change in CPI is below 4.00% and there is an Unused CPI balance of 1.19%, the maximum assessment rate will be increased by 4.00%, resulting in a remaining Unused CPI balance of 0.96%.

The maximum assessment rate for Fiscal Year 2024-25 is increased by 4.00% over the maximum assessment rate for Fiscal Year 2023-24. The Maximum assessment rate for Fiscal Year 2023-24 was $4,239.80 which equates the maximum assessment rate for Fiscal Year 2024-25 to $4,409.39. The cost estimate in this Engineer’s Report proposes an applied assessment rate of $4,060.84 for Fiscal Year 2024-25, which is a 4.00% increase over the Fiscal Year 2023-24 applied assessment rate. The Fiscal Year 2024-25 proposed assessment rate is below the FY 2024-25 maximum assessment rate.

The assessments are listed on the Assessment Roll in Appendix A.

Appeals and Interpretations
Any property owner who feels that the assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with City Engineer or his or her designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the City Engineer or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Engineer or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the City Engineer or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any property owner who disagrees with the decision of the City Engineer or her or his designee may refer their appeal to the City Council of the City of Clayton and the decision of the City Council of the City of Clayton shall be final.
9a Attachment 3
CITY OF CLAYTON FISCAL YEAR 2024-25

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT ASSESSMENT ROLL 13 PART E

ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each parcel within the District is shown on the last equalized Secured Property Tax Roll of the Contra Costa County Assessor, which by reference is hereby made a part of this Report.

This list is keyed to the Assessor’s Parcel Numbers as shown on the Assessment Roll, which includes the proposed amount of assessments for Fiscal Year 2024-25 apportioned to each parcel. The Assessment Roll is on file in the Public Works Department of the City and is shown in this Report as Appendix “A”.

The total proposed assessment for Fiscal Year 2024-25 is $97,460.16. 9a Attachment 3
CITY OF CLAYTON FISCAL YEAR 2024-25

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT APPENDIX A
APPENDIX “A”

ASSESSMENT ROLL
9a Attachment 3

ASSESSMENT ROLL
FISCAL YEAR 2024-25

DIABLO ESTATES AT CLAYTON

BENEFIT ASSESSMENT DISTRICT
Assessor's
Parcel
Number
Assessment
Property Address Amount
119-630-003 $4,060.84 22 SEMINARY RIDGE PL
119-630-004 $4,060.84 18 SEMINARY RIDGE PL
119-630-005 $4,060.84 14 SEMINARY RIDGE PL
119-630-006 $4,060.84 10 SEMINARY RIDGE PL
119-630-008 $4,060.84 15 SEMINARY RIDGE PL
119-630-009 $4,060.84 19 SEMINARY RIDGE PL
119-630-010 $4,060.84 23 SEMINARY RIDGE PL
119-630-012 $4,060.84 27 SEMINARY RIDGE PL
119-630-013 $4,060.84 26 SEMINARY RIDGE PL
119-630-014 $4,060.84 9 SEMINARY RIDGE PL
119-640-001 $4,060.84 6 SEMINARY RIDGE PL
119-640-004 $4,060.84 7 PROMONTORY PL
119-640-010 $4,060.84 16 PROMONTORY PL
119-640-011 $4,060.84 12 PROMONTORY DR
119-640-012 $4,060.84 8 PROMONTORY PL
119-640-013 $4,060.84 4 PROMONTORY PL
119-640-016 $4,060.84 2 SEMINARY RIDGE PL
119-640-017 $4,060.84 3 SEMINARY RIDGE PL
119-640-018 $4,060.84 11 PROMONTORY PL
119-640-019 $4,060.84 17 PROMONTORY PL
119-640-020 $4,060.84 21 PROMONTORY PL
119-640-021 $4,060.84 24 PROMONTORY PL
119-640-022 $4,060.84 20 PROMONTORY PL
119-640-023 $4,060.84 5 SEMINARY RIDGE PL
Parcel Count: 24 $97,460.16
1 05/20/24
9a Attachment 3
City Council Agenda Item 9a Page 1 of 2 July 16, 2024
City Council Agenda Item 9a

CEQA IMPACT
None.

ATTACHMENTS

1. Resolution confirming Assessments

2. Notice to Property Owners

3. BAD Fiscal Year 2024/25 Engineer’s Report Packet
Resolution No. XX-2024 Page 1 of 2 July 16, 2024
RESOLUTION NO. XX-2024

A RESOLUTION CONFIRMING ASSESSMENTS FOR THE OPERATION AND

MAINTENANCE OF IMPROVEMENTS WITHIN THE DIABLO ESTATES AT CLAYTON BENEFIT ASSESSMENT DISTRICT FOR FISCAL YEAR 2024/25

AYES:

NOES:

ABSENT:

ABSTAIN:

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

Stephanie Cabrera-Brown, City Clerk
Diablo Estates at Clayton Benefit Assessment District

PUBLIC HEARING: 7:00 p.m. July 16, 2024
City Council Regular Meeting
Hoyer Hall, 6125 Clayton Road, Clayton, CA
Assessment Information

1. The total proposed District assessment for the fiscal year beginning on July 1, 2024 and ending June 30, 2025 is $97,460.16.

4. Comments and protests may be submitted to the city prior to or at the public hearing.

5. Engineer’s Report: Attached is a copy of the approved Engineer’s Report for Fiscal Year 2024/25.

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT TABLE OF CONTENTS i
Table of Contents
Page No.

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF CLAYTON

Dated: June 30, 2024 By: _________________________
Eduardo Espinoza, P.E.

RCE # 83709
9a Attachment 3
CITY OF CLAYTON FISCAL YEAR 2024-25

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT INTRODUCTION 1 SECTION I

ENGINEER'S REPORT PREPARED FOR THE CITY OF CLAYTON

The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Clayton.

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT PLANS AND SPECIFICATIONS 4 PART A

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT ESTIMATE OF COSTS 5 PART B

Fiscal Year 2024-25 Cost Estimate
Benefit Assessment District
Diablo Estates at Clayton
City of Clayton
9a Attachment 3
CITY OF CLAYTON FISCAL YEAR 2024-25

The Operating Reserve target is fifty percent (50%) of the projected expenditures.

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT ASSESSMENT DIAGRAM 7 PART C

RIALTO DR

REGENCY DR

PETAR CT
9a Attachment 3
CITY OF CLAYTON FISCAL YEAR 2024-25

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT METHOD OF APPORTIONMENT 9 PART D

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT METHOD OF APPORTIONMENT 10 In summary, the assessments can only be levied based on the special benefit to property.

The assessments are listed on the Assessment Roll in Appendix A.

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT ASSESSMENT ROLL 13 PART E

The total proposed assessment for Fiscal Year 2024-25 is $97,460.16. 9a Attachment 3
CITY OF CLAYTON FISCAL YEAR 2024-25

DIABLO ESTATES BENEFIT ASSESSMENT DISTRICT APPENDIX A
APPENDIX “A”

ASSESSMENT ROLL
9a Attachment 3

ASSESSMENT ROLL
FISCAL YEAR 2024-25

DIABLO ESTATES AT CLAYTON

BENEFIT ASSESSMENT DISTRICT
Assessor's
Parcel
Number
Assessment
Property Address Amount
119-630-003 $4,060.84 22 SEMINARY RIDGE PL
119-630-004 $4,060.84 18 SEMINARY RIDGE PL
119-630-005 $4,060.84 14 SEMINARY RIDGE PL
119-630-006 $4,060.84 10 SEMINARY RIDGE PL
119-630-008 $4,060.84 15 SEMINARY RIDGE PL
119-630-009 $4,060.84 19 SEMINARY RIDGE PL
119-630-010 $4,060.84 23 SEMINARY RIDGE PL
119-630-012 $4,060.84 27 SEMINARY RIDGE PL
119-630-013 $4,060.84 26 SEMINARY RIDGE PL
119-630-014 $4,060.84 9 SEMINARY RIDGE PL
119-640-001 $4,060.84 6 SEMINARY RIDGE PL
119-640-004 $4,060.84 7 PROMONTORY PL
119-640-010 $4,060.84 16 PROMONTORY PL
119-640-011 $4,060.84 12 PROMONTORY DR
119-640-012 $4,060.84 8 PROMONTORY PL
119-640-013 $4,060.84 4 PROMONTORY PL
119-640-016 $4,060.84 2 SEMINARY RIDGE PL
119-640-017 $4,060.84 3 SEMINARY RIDGE PL
119-640-018 $4,060.84 11 PROMONTORY PL
119-640-019 $4,060.84 17 PROMONTORY PL
119-640-020 $4,060.84 21 PROMONTORY PL
119-640-021 $4,060.84 24 PROMONTORY PL
119-640-022 $4,060.84 20 PROMONTORY PL
119-640-023 $4,060.84 5 SEMINARY RIDGE PL
Parcel Count: 24 $97,460.16
1 05/20/24
9a Attachment 3
City Council Agenda Item 10a Page 1 of 2 July 16, 2024
City Council Agenda Item 10a

STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Stephanie Cabrera-Brown, City Clerk/ Assistant to the City Manager DATE: July 16, 2024
SUBJECT: Adopt a Resolution Making Appointments to the Clayton Planning Commission

RECOMMENDATION
Adopt a Resolution appointing three (3) individuals to the Planning Commission for a 2- year term, expiring June 30, 2026.

BACKGROUND
The terms of office for three (3) existing Planning Commissioner expired on June 30, 2023. Staff advertised the Planning Commission vacancies on the City’s website, distributed to the public via the Planning Commission and City Council agenda distribution email lists, and posted at the City’s three (3) posting areas. The Planning Commissioners whose terms expired on June 30th were also encouraged to apply for reappointment. The deadline to submit an application or interest in reappointment was June 30, 2024. Five (5) applications were received for appointment and included interest from the three commissioners whose terms recently expired. All applications were received by the filing date.

Applications received (in scheduled interview order):

1. Richard Enea

2. Dan Richardson

3. Maria Shulman

4. Nathalie Archangel-Montijo
(Back to Agenda)
City Council Agenda Item 10a Page 2 of 2 July 16, 2024

5. Nate Brzovich
Interviews for the Planning Commission will take place at 6:00 p.m., during the regular City Council meeting, the full City Council will interview each of the candidates. Official appointments to the Planning Commission require a full City Council vote.

DISCUSSION
After conducting interviews for the commission vacancies, staff requests the Council deliberate and select three of the candidates to be appointed to the commission. Three of the five candidates are seeking reappointment to the commission and are eligible to serve another term. The selected candidates will be appointed at the July 16, 2024, City Council meeting and serve a 2-year term, with a term end date of June 30, 2026.

FISCAL IMPACT
Stipends for the 2024-2025 Planning Commission have been set aside in the FY2024-25 budget.

CEQA IMPACT
None.

ATTACHMENTS

1. Resolution making appointments to the Planning
Commission

2. Applications (5) – 17 pages (in interview order)

3. Planning Commission Interview Schedule and Questions ___________________________________________________________________________________ Resolution No.XX-2024 1 July 16, 2024
RESOLUTION NO. XX-2024

A RESOLUTION APPOINTING TWO CITIZENS

TO THE CLAYTON PLANNING COMMISSION

THE CITY COUNCIL
City of Clayton, California
WHEREAS, in 1964 the City Council of Clayton adopted Ordinance No. 20 establishing the City of Clayton Planning Commission with five (5) members; and WHEREAS, staff advertised the upcoming vacancy of three appointive positions on the Planning Commission and set a deadline of June 30, 2024 for candidates to submit an application to serve; and
WHEREAS, Five interested citizens submitted timely applications expressing willingness to serve in this appointed capacity, of the five applicants, three are seeking reappointment; and WHEREAS, on July 16, 2024 the Clayton City Council publicly interviewed the five candidates; NOW, THEREFORE, BE IT RESOLVED that the City Council of Clayton, California, does hereby appoint the following two individuals to the Planning Commission of the City of Clayton for full two-year terms of office:
: July 16, 2024 through June 30, 2026
: July 16, 2024 through June 30, 2026
: July 16, 2024 through June 30, 2026
PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California at a regular public meeting thereof held the 16th day of July 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

THE CITY COUNCIL OF CLAYTON, CA
__________________________________
Jim Diaz, Mayor
ATTEST:
_______________________________
Stephanie Cabrera-Brown, City Clerk
10a Attachment 1

Note: Applicant resubmitted application
from 2022.

From: Dan Richardson
To: Stephanie Cabrera-Brown
Subject: Re: Notice of Expiring term on June 30, 2024: Planning Commission Date: Friday, June 7, 2024 7:29:19 AM
Dear Ms. Cabrera-Brown,
Thank you for your email regarding reappointment to the Planning Commission. I am happy to hear that the City Council is pleased with my performance.

I am interested in continuing to serve as a Planning Commission member. My prior application is relevant. Please let me know if there’s anything more I need to do.

Respectfully,
Dan Richardson
Sent from my iPad
On Jun 6, 2024, at 6:28 PM, Stephanie Cabrera-Brown
<[email protected]> wrote:

Dear Commissioner Richardson:

I hope this email finds you well. I am writing to inform you that your term on the Planning Commission is set to expire on June 30, 2024. The City Council is grateful and pleased with your service and would like to extend an offer to submit for reappointment.

If you are interested and willing to continue serving on the Planning Commission, please submit an email indicating your desire for reappointment. An application is also included in the event you would like to update your information. Your commitment and dedication to the city of Clayton are greatly appreciated, and we value your continued contribution to the community. The application period will open on June 10, 2024 and extend through June 28, 2024. The council will receive and review the applications and have sent a tentative date of July 16th at 5:00 pm to begin conducting the interviews.

Appointment of the selected applicants will be made the same evening during the regular city council meeting scheduled for 7:00 pm.

Please let me know if you have any questions.

Thank you for your service and for considering this reappointment opportunity.

Best regards,
Stephanie Cabrera-Brown (pronouns: she/her)
City Clerk/Assistant to the City Manager
City of Clayton
Phone: (925) 673-7304
6000 Heritage Trail
Clayton, CA 94517
Website: www.claytonca.gov
<image001.jpg>
<PC Application 060624.pdf>
| Page
Planning Commission Application 2024
* PLANNING COMMISSION APPLICATION *
All information contained on this application is public record. This includes home address and all phone numbers. This position is required by state law to complete and file an annual Financial Statement of Economic Interest.

Name:

Date:

Home add Contact phon
Length of residence in Clayton:

Email address:

Present employer:

Occupation:

A. Education and special training:
2 | Page
Planning Commission Application 2024
B. Please list experience and activities which particularly qualify you for an appointment to the Clayton Planning Commission.

C. What do you consider to be the role of a Planning Commissioner? D. Other interests and hobbies:
3 | Page
Planning Commission Application 2024
E. List three references with phone
city of Clayton appreciates your interest and willingness to seek involvement in your community through civic service. Thank you for your application.

From: [email protected]
To: Stephanie Cabrera-Brown
Subject: Re: Notice of Expiring term on June 30, 2024: Planning Commission Date: Thursday, June 13, 2024 8:00:18 PM
Attachments: PlanningCommission Application 060624 FINI.pdf Hi Stephanie.

Here is the completed Planning Commission application. I will come in on Monday, 6/17/24, to provide a wet signature if that works for your schedule. Please let me know if Monday works for you.

Thank you,
Maria Shulman
From: Stephanie Cabrera-Brown <[email protected]> Sent: Friday, June 7, 2024 2:08 PM
To: [email protected] <[email protected]> Subject: Automatic reply: Notice of Expiring term on June 30, 2024: Planning Commission Thank you for your email. I am currently off site at a trainning session and will be returning on Monday, June 10, 2024.

I will be mostly offline during this time.

For urgent matters, please call City Hall at 925-673-7300 All other matters will be addressed when I return.

Kindly,
Stephanie Cabrera-Brown (pronouns: she/her)
City Clerk/Assistant to the City Manager
City of Clayton
Phone: (925) 673-7300
6000 Heritage Trail
Clayton, CA 94517
Website: www.claytonca.gov

10a Attachment 3
Planning Commission Interview Schedule 2024
To fill three vacancies
Planning Commission Interview Schedule
6:00 p.m. – Richard Enea
6:15 p.m. – Dan Richardson
6:30 p.m. – Maria Shulman
6:45 p.m. – Nathalie Archangel-Montijo
7:00 p.m. – Nate Brzovich
Planning Commissioner
Interview Questions
July 16, 2024

INTERVIEW QUESTIONS FOR PROSPECTIVE CLAYTON

PLANNING COMMISSIONERS
July 16, 2024
Name of applicant: Interview time:

1. How has your background in education and/or work experience prepared you to serve on the Planning Commission?
___________________________________________________________________ ___________________________________________________________________ _________________________________________________

2. What do you see is the role of a Planning Commissioner? ___________________________________________________________________ ___________________________________________________________________ _________________________________________________

3. Planning Commissioners at times address issues that may have differing opinions throughout the community and commission. Knowing the definition of a Planning Commissioner you just stated, how would you approach these differing views and how would they impact your decision making as a Planning Commissioner?
___________________________________________________________________ ___________________________________________________________________ _________________________________________________

4. What are some major issues you believe could come in front of the Planning Commission in the next 2 years?
___________________________________________________________________ ___________________________________________________________________ _________________________________________________
10a Attachment 3
City Council Agenda Item 10b Page 1 of 2 July 16, 2024
City Council Agenda Item 10b

STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Adam Politzer, City Manager
DATE: July 16, 2024
SUBJECT: Authorize the City Manager to execute Amendment No. 2 to the City of Clayton’s Professional Services Agreement with Theis Engineering & Associates for City Engineering Services for Additional Limited Time Public Works Management Services

RECOMMENDATION
The City Manager is recommending the City Council authorize the City Manager to execute Amendment No. 2 to the City of Clayton’s Professional Services Agreement with Theis Engineering & Associates for City Engineering Services for additional limited time Public Works management services, with no extension to the term, and for an additional amount not to exceed $37,200.

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.

Recently both parties executed Amendment #1, after the City Council at its May 7, 2024, meeting authorized a one-year extension of the contract through June 30, 2025.

DISCUSSION
The City of Clayton operates with a small in-house staff to perform its citywide functions. The City is requesting some additional Public Works project management services for various tasks beyond the existing contracted City Engineering Services. Mr. Theis is a former Public Works Director/Assistant City Manager who is experienced in the types of projects the require (Back to Agenda)
City Council Agenda Item 10b Page 2 of 2 July 16, 2024
additional assistance and oversight from Staff. Based on Mr. Theis’ current workload, he is able to offer an additional 12 hours per month to be distributed over the following tasks as directed and/or prioritized by the City Manager.

1. Oversight and provide support to the Energy Efficiency Project being performed by Climatec.

2. Coordination with County Library Staff for potential library renovation project.

3. Coordination with PG&E on rate schedule conversion for LED installation on City owned streetlights and future conversion on PG&E owned streetlights.

4. Coordination with CEMEX on donation of funds or materials for a street improvement project along Mitchell Canyon Road.

5. Coordination with Public Works Superintendent and provide support services.

FISCAL IMPACT
Theis Engineering & Associates will only invoice based on actual time spent on the assigned tasks listed in the attached scope of work. The maximum amount will not exceed $3,100 per month, which is approximately 12 hours of additional services. The maximum annual increase for FY 2024-2025 would be $37,200.
100% General Fund Budget, except for specific projects that receive funding from other sources.

CEQA IMPACT
No CEQA Impact.

ATTACHMENTS

1. Amendment No. 2 with Scope of Work “Exhibit C”

2. Updated City of Clayton Org. Chart

CITY OF CLAYTON
AMENDMENT No. 2 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 1. “Services” as follows:

Consultant shall provide the City with the services described in the following:
a. Scope of Services attached hereto as Exhibit “A”
b. Consultant’s Proposal attached hereto as Exhibit "B” c. Additional Limited Time Services attached hereto as Exhibit "C” In all other respects, the agreement shall remain unchanged and in full force and effect.

City of Clayton Theis Engineering and Associates, Inc.

Adam W. Politzer
Interim City Manager
Date Date
__________________________________
Printed Name
__________________________________
Printed Title
Attest
________________________________
Stephanie Cabrera-Brown, City Clerk
Approved as to form.
___________________________________
Malathy Subramanian, City Attorney
10b Attachment 1

EXHIBIT C

Page 1 ends

July 10, 2024
Adam Politzer
Interim City Manager
City of Clayton
6000 Heritage Trail
Clayton, CA 94517
RE: AddiƟonal City Engineering Services – Scope of Work and Fee Proposal Dear Mr. Politzer,
Per the City’s request, Theis Engineering & Associates is pleased to offer addiƟonal as needed/as directed city engineering services for various tasks as described below.

We plan to perform these services in accordance with the agreement between the City of Clayton and Theis Engineering & Associates dated January 18, 2023. Theis Engineering & Associates will only invoice based on actual Ɵme spent and each task will be tracked separately for budget purposes. All work will be performed by City Engineer Larry Theis and Deputy City Engineer Jason Chen and their hourly rates are $258 and $234.50 respecƟvely (valid through June 30, 2025). Other direct costs or subconsultant costs will be charged at actual costs plus 10%.

PROJECT TASKS
CoordinaƟon with the Maintenance Division for AddiƟonal As Needed Services for Limited Time Period Theis Engineering & Associates understands the City of Clayton operates with a small in-house staff to perform its citywide funcƟons. The City is requesƟng some addiƟonal public works project management services for various tasks beyond the exisƟng contracted City Engineering services. We are pleased to offer an addiƟonal 12 hours per month for a limited Ɵme period which will be distributed over the following tasks as directed and/or prioriƟzed by City Staff:

1. Oversight and provide support to the Energy Efficiency Project being performed by Climatec

2. CoordinaƟon with County Library Staff for potenƟal library renovaƟon project

3. CoordinaƟon with PG&E on rate schedule conversion for LED installaƟon on City owned streetlights and future conversion on PG&E owned streetlights

4. CoordinaƟon with CEMEX on donaƟon of funds or materials for a street improvement project along Mitchell Canyon Road

5. CoordinaƟon with Public Works Superintendent and provide support services Total of 12 hours maximum per month at $258 per hour = $3,100 (NOT TO EXCEED PER MONTH).

Limited Time Period – July 2024 to June 2025 (12 months) The City may elect to reassign any or all of the tasks at any Ɵme. The City will provide wriƩen direcƟons as to the revised budgeted hours per month, if any, and what tasks to conƟnue to work on. 10b Attachment 1

Page 2 ends

Please contact me if you have any quesƟons.

Sincerely,
Larry Theis
President
Theis Engineering & Associates
10b Attachment 1
City Of Clayton
Organizational Chart
Council Members
(5)
City Manager
Administrative
Services Director/
Assistant City
Manager
Accountant Analyst
City Clerk/ Assistant
to the City Manager
Administrative
Assistant
Facilities
Attendant/Admin.

Support
(Part-Time
Temporary)
Police Chief
Police
Administrative
Clerk
Police
Coordinator Police Officer (6) Police Sergeant (4)
Community
Development
Director
Assistant Planner Code Enforcement
City Engineer Maintenance
Superintendent
Maintenance
Worker I (4)
Maintenance
Worker II (1)
City Attorney
10b Attachment 2
City Council Agenda Item 10c Page 1 of 3 July 16, 2024
City Council Agenda Item 10c

STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Regina Rubier, Finance Advisor
DATE: July 16, 2024
SUBJECT: Approval of Resolution ordering the levy and collection of special taxes and setting the special tax rate for Fiscal Year 2024 - 25 for Community Facilities District 2006-1 (Downtown Park Operation and Maintenance)

RECOMMENDATION
Adopt a Resolution ordering the levy and collection of special taxes and setting forth the special tax amount for Community Facilities District (CFD) 2006-1 (Downtown Park Operation and Maintenance) for Fiscal Year 2024 - 25.

BACKGROUND
In November 2006, the electorate voted with 68.19% approval to establish a special tax, known as Measure O, for the care and maintenance of a Downtown Park, now known as “The Grove” Park. Measure O was established for a 10-year period (through 2017). In November 2014 the voters approved Measure P (81.25%), an extension of the tax with the same rate methodology for 20 years (from FY 2017 - 18 through 2036 - 37). This action represents the annual levy under this voter approved extension.

This special tax serves as the only funding source for The Grove. The special tax is levied to pay for annual expenses related to costs of the operation, maintenance, repair and replacement of landscaping, irrigation, hardscape, lights, public restroom, gazebo, playground, water, and electricity of “The Grove” Park. “The Grove” Park was opened to public use in January 2008. Other City parks are not maintained by this special tax.

The collection of the special tax is handled by the County as a line item on the property tax bill. The first special tax levied on property owners occurred in 2007. (Back to Agenda)
City Council Agenda Item 10c Page 2 of 3 July 16, 2024
Pursuant to the terms of voter-approved Measure P, the special tax rate may increase annually by the change in the Consumer Price Index (CPI) in April. However, in no event shall the rate increase by more than 3.0% each year. Given the CPI change from April 2023 to April 2024 posted at 3.8%, the annual increase for the special tax is 3%. This CPI adjustment was also reflected in the workshop presentation of the City FY 2024 - 25 Budget and was included in the budget for Council adoption on June 4, 2024. It is recommended and included in the proposed levy rates to apply an annual increase of

3.0%.

DISCUSSION
The City Council, by Ordinance 401, pursuant to Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to Community Facilities District 2006-1. This Resolution authorizes the Contra Costa County Auditor to place the special tax levy on the next secured property tax roll for the Fiscal Year 2024 - 25.

FISCAL IMPACT
For Fiscal Year 2024 - 25 the levy amount proposed is $24.97 per residential parcel (an increase of $0.73 from the prior year rate of $24.24). The non-residential parcels are to be levied per ¼ acre or fraction thereof and the rates are as follows: Downtown Core, $336.92 (an increase of $9.81); Other Commercial, $147.71 (an increase of $4.30); Recreation Open Space, $73.85 (an increase of $2.16); Multifamily Residential, $77.61 (an increase of $2.26).

There are approximately 4,128 parcels that are subject to the special tax levy; of these 4,066 are residential and approximately 62 are non-residential.

The total amount of revenue estimated to be levied is $157,613.50 (an increase of $4,610.80 from the prior year). These tax revenues are placed into a Special Revenue Fund (No. 211) through which all eligible expenses are tracked, paid, and audited. Allowable expenses include only those for the purposes of the Downtown “The Grove” Park Operation and Maintenance (such as materials, supplies, equipment, utilities, labor, and administration).

CEQA IMPACT
None

ATTACHMENTS

1. Resolution No. XX – 2024 CFD 2006-1 Downtown Park Operation and Maintenance Tax.

2. Summary of Exhibit A to Resolution

3. Annual Special Tax Levy Report (document forthcoming) City Council Agenda Item 10c Page 3 of 3 July 16, 2024

4. Downtown “The Grove” Park Maintenance (CFD 2006-1) proposed Budget 2024 - 25 (document forthcoming)
_____________________________________________________________________________________________ Resolution No. XX-2024 1 July 16, 2024
RESOLUTION NO. XX -2024

A RESOLUTION ORDERING THE LEVY AND COLLECTION OF

SPECIAL TAXES AND SETTING THE SPECIAL
TAX RATE FOR FISCAL YEAR 2024 - 25
FOR COMMUNITY FACILITIES DISTRICT NO. 2006-1
(DOWNTOWN PARK OPERATIONS AND MAINTENANCE)

THE CITY COUNCIL
City of Clayton, California
WHEREAS, the City Council of the City of Clayton, California, (hereinafter referred to as the “legislative body”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in Community Facilities District No. 2006-1 (hereinafter referred to as "District"), all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”; being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”); and, WHEREAS, this legislative body, by Ordinance No. 401 as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for Fiscal Year 2024 - 25; and,
WHEREAS, the special taxes are in compliance with all laws pertaining to the Act and the levy of special taxes; the special taxes are levied without regard to property valuation, and the special taxes are in compliance with the provisions of Prop 218.

NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. That the above recitals are true and correct.

SECTION 2. That the specific rate and amount of the special tax to be collected 10c Attachment 1
_____________________________________________________________________________________________ Resolution No. XX-2024 2 July 16, 2024
to pay for the costs and expenses for the Fiscal Year 2024 - 25 for the referenced District are hereby determined and established as set forth in the attached, referenced and incorporated Exhibit “A”.

SECTION 3. That the rate as set forth above does not exceed the amount as previously authorized by Ordinance 401 of this legislative body and is not in excess of that as previously approved by the qualified electors of the District.

SECTION 4. That the proceeds of the special tax shall be used as provided in Ordinance No. 401, including, but not limited to, the payment of, in whole or in part, the costs of the following:

A. Payment of costs and expenses of the operation, maintenance, repair and replacement of the downtown park facilities;
B. Payment of District administrative costs.

C. Cost of collecting and administering the special tax The proceeds of the special taxes shall be used as set forth above and shall not be used for any other purpose.

SECTION 5. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to collect the special tax and to deduct reasonable administrative costs incurred in collecting said special tax.

SECTION 6. All monies above collected shall be paid into a special fund held for the Community Facilities District 2006-1.

SECTION 7. The Contra Costa County Auditor is hereby directed to enter in the next secured property tax roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked “public improvements, special tax” or by any other suitable designation, the installment of the special tax, and for the exact rate and 10c Attachment 1
_____________________________________________________________________________________________ Resolution No. XX-2024 3 July 16, 2024
amount of said tax, and assessor’s parcel number (APN), reference is made to the attached Exhibit “A”.

SECTION 8. The Contra Costa County Auditor shall then, at the close of the tax collection period, promptly render to this City a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and provide a statement of any percentages retained for the expense of making any such collection.

PASSED, APPROVED, AND ADOPTED by the City Council of Clayton, California at a regular public meeting thereof held on July 16, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

THE CITY COUNCIL OF CLAYTON, CA
________________________________
Jim Diaz, Mayor
ATTEST:
___________________________________
Stephanie Cabrera-Brown, City Clerk
10c Attachment 1
Summary of EXHIBIT A
to Resolution XX-2024
CFD 2006-1 Downtown Park Operation and Maintenance Tax
The assessor’s parcel numbers and the special tax amounts are as set forth in the Community Facilities District No. 2006-1 (Downtown Park Operation and Maintenance Tax) Fiscal Year 2024 - 25 Special Tax Roll which is on file at the City Clerk's office, City Hall, 6000 Heritage Trail, Clayton, CA. and can be viewed Monday through Thursday from 9am to 5pm.

Due to the length of the report, the Fiscal Year 2024 - 25 Annual Report is summarized as follows.

For FY 2024 - 25 the following shall be levied:

Parcel Classification Special Tax Rate (1)
Residential Parcels $24.97 per parcel
Downtown Core Parcels $336.92 per ¼ acre or fraction thereof Other Commercial Parcels $147.71 per ¼ acre or fraction thereof Recreational Open Space Parcels $73.85 per ¼ acre or fraction thereof Multi-Family Residential Care Facilities Parcels $77.61 per ¼ acre or fraction thereof (1) Actual levy amount is rounded down to the nearest even cent for County tax submittal purposes.

There are a total of 4,128 parcels to be levied:

Parcel Classification Parcel Count Estimated Revenue
Residential Parcels 4,066 $101,487.36
Downtown Core Parcels 31 25,943.20
Other Commercial Parcels 22 18,316.60
Recreational Open Space Parcels 7 9,305.12
Multi-Family Residential Care Facilities Parcels 2 2,561.22 Total 4,128 $157,613.50
10c Attachment 2
City Council Agenda Item 10d Page 1 of 2 July 16, 2024
City Council Agenda Item 10d

STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Regina Rubier, Finance Advisor
DATE: July 16, 2024
SUBJECT: Approval of a Resolution ordering the levy and collection of special taxes and setting the special tax rate for Fiscal Year 2024 - 25 for Community Facilities District 2007-1 (Citywide Landscape Maintenance Tax)

RECOMMENDATION
Adopt a Resolution ordering the levy and collection of special taxes and setting forth the special tax amount for Community Facilities District (CFD) No. 2007-1 (Citywide Landscape Maintenance Tax) for Fiscal Year 2024 - 25.

BACKGROUND
In June 2007, the electorate voted with 82.94% approval to establish a special tax, known as Measure B, for the care and maintenance of citywide public landscaping. Measure B was established for a 10-year period (through 2017) for the citywide public landscape district known as Community Facilities District (CFD) 2007-1. Measure B was set to expire in June 2017. This is the only source of funds for the maintenance and operation of the CFD. In June 2016 the voters approved Measure H (77.1%), a continuation of this special tax with the same methodology for another ten years (from FY 2017 - 18 through 2026 - 27). This action represents the annual levy under this voter approved extension.

The tax pays for costs related to expenses for public roadway, trail and open space landscape maintenance, and the Clayton Fountain at the corner of Oakhurst Blvd. and Clayton Rd.

These areas have a combined 2 million square feet of landscaping and irrigation, 515 acres of open space, 2,871 street trees, and 27 miles of public trails. City parks are not maintained by this special tax (except for The Grove downtown park which has its own separate special funding source).
(Back to Agenda)
City Council Agenda Item 10d Page 2 of 2 July 16, 2024
The collection of the special tax is handled by the County as a line item on the property tax bill. The first special tax levied on property owners occurred in 2007.

Pursuant to the terms of voter-approved Measure H, the special tax rate may increase annually by the change in the Consumer Price Index (CPI) in April. However, in no event shall the tax rate increase by more than 3.0% each year. Given the CPI change from April 2023 to April 2024 posted at 3.8%, the annual increase for the special tax is 3%. This CPI adjustment was also reflected in the presentation of the City FY 2024 - 25 Budget and was included in the budget documents for Council adoption on June 4, 2024. It is recommended and included in the proposed levy rates to apply an annual increase of 3.0%.

DISCUSSION
The City Council, by Ordinance 409, pursuant to Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to Community Facilities District 2007-1. This Resolution authorizes the Contra Costa County Auditor to place the special tax levy on the next secured property tax roll for the Fiscal Year 2024 - 25.

FISCAL IMPACT
For Fiscal Year 2024 - 25 the levy amount is $299.92 per residential parcel, or per nonresidential acre or fraction thereof. The special tax rate increased by $8.74 over the prior year rate (last year’s single-family rate was $291.18). There are 4,121 parcels that will be subject to the special tax. Of these 4,063 are residential and 58 are non-residential.

The total amount of revenue estimated to be levied is $1,320,848.02 (an increase of $39,071.98 from the prior year). These tax revenues are placed into a Special Revenue Fund (No. 210) through which all eligible expenses are tracked, paid, and audited. Allowable expenses include only that for the purposes of the CFD maintenance, materials, supplies, equipment, utilities, labor, and District administration.

CEQA IMPACT
None.

ATTACHMENTS

1. Resolution No. XX-2024 Ordering the Levy and Collection of Special Taxes and Setting the Special Tax Rate for Fiscal Year 2024 - 25

2. Summary of Exhibit A to Resolution

3. Annual Special Tax Levy Report (document forthcoming)

4. Landscape District Budget FY 2024 – 25 (document forthcoming) _____________________________________________________________________________________________ Resolution XX - 2024 1 July 16, 2024
RESOLUTION NO. XX-2024

A RESOLUTION ORDERING THE LEVY AND COLLECTION OF

SPECIAL TAXES AND SETTING THE SPECIAL
TAX RATE FOR FISCAL YEAR 2024 - 25
FOR COMMUNITY FACILITIES DISTRICT NO. 2007-1
(CITYWIDE LANDSCAPE MAINTENANCE)

THE CITY COUNCIL
City of Clayton, California
WHEREAS, the City Council of the City of Clayton, California, (hereinafter referred to as the “legislative body”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in Community Facilities District No. 2007-1 (hereinafter referred to as "District"), all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”; being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). ; and, WHEREAS, this legislative body, by Ordinance No. 409 as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for Fiscal Year 2024 - 25; and,
WHEREAS, the special taxes are in compliance with all laws pertaining to the Act and the levy of special taxes; the special taxes are levied without regard to property valuation, and the special taxes are in compliance with the provisions of Prop 218.

NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. That the above recitals are each true and correct.

SECTION 2. That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the Fiscal Year 2024 - 25 for the referenced District is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit “A”.
10d Attachment 1
_____________________________________________________________________________________________ Resolution XX - 2024 1 July 16, 2024
SECTION 3. That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body and is not in excess of that as previously approved by the qualified electors of the District.

SECTION 4. That the proceeds of the special tax shall be used as provided in Ordinance No. 409, including, but not limited to, the payment of, in whole or in part, the costs of the following:

A. Payment of costs and expenses of public landscape facilities; B. Payment of District administrative costs.

C. Cost of collecting and administering the special tax The proceeds of the special taxes shall be used as set forth above and shall not be used for any other purpose.

SECTION 6. All monies above collected shall be paid into a special fund held for the Community Facilities District 2007-1.

SECTION 7. The Contra Costa County Auditor is hereby directed to enter in the next secured property tax roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked “public improvements, special tax” or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, and assessor’s parcel number (APN), reference is made to the attached Exhibit “A”.

SECTION 8. The Contra Costa County Auditor shall then, at the close of the tax collection period, promptly render to this City a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and provide a statement of any percentages 10d Attachment 1
_____________________________________________________________________________________________ Resolution XX - 2024 1 July 16, 2024
retained for the expense of making any such collection.

PASSED, APPROVED, AND ADOPTED by the City Council of Clayton, California at a regular public meeting of thereof held on July 16, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

THE CITY COUNCIL OF CLAYTON, CA
________________________________
Jim Diaz, Mayor
ATTEST:
___________________________________
Stephanie Cabrera-Brown, City Clerk
10d Attachment 1
Summary of EXHIBIT A
to Resolution XX -2024
CFD 2007-1 Citywide Landscape Maintenance Tax
The assessor’s parcel numbers and the special tax amounts are as set forth in the Community Facilities District No. 2007-1 (Citywide Landscape Maintenance Tax) Fiscal Year 2024 - 25 Special Tax Roll which is on file at the City Clerk's office, City Hall, 6000 Heritage Trail, Clayton, CA and can be viewed Monday through Thursday from 9am-5pm.
-
Due to the length of the report, the Fiscal Year 2024 - 25 Annual Report is summarized as follows.

For FY 2024 - 25 the following shall be levied:

Parcel Classification Special Tax Rate (1)
Residential Parcels $299.92 per parcel
Non-Residential Parcels $299.92 per acre or fraction thereof (1) Actual levy amount is rounded down to the nearest even cent for County tax submittal purposes.

There are a total of 4,121 parcels to be levied:

Parcel Classification Parcel Count Estimated Revenue
Residential Parcels 4,063 $1,218,574.96
Non-Residential Parcels 58 102,273.06
Total 4,121 $1,320,848.02
10d Attachment 2
City Council Agenda Item 10de Page 1 of 2 July 16, 2024 City Council Agenda Item 10e

STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Adam Politzer, Interim City Manager
Regina Rubier, Finance Advisor
DATE: July 16, 2024
SUBJECT: Establish Appropriations Limit for Fiscal Year 2024 - 25

RECOMMENDATION
Establish the appropriations limit applicable to the City of Clayton (City) during Fiscal Year (FY) 2024-25 as $14,632,351.

BACKGROUND
The City Council established the City’s FY 2023-24 appropriations limit of $ $14,104,258 on June 20, 2023 by Resolution 2023-38.

DISCUSSION
Article XIIIB of the California Constitution and Sections 7902(b) and 7910 of the Government Code require that each local agency subject thereto establish by resolution the applicable appropriations limit for each Fiscal Year. Appropriations limits are determined by applying factors issued by the California Department of Finance reflecting changes to per capita personal income state-wide and changes to the population of each jurisdiction. Using the Department of Finance’s published data for 2024-25, Staff has calculated the District’s limit for FY 2024-252 to be $14,632,351.

The calculations, using the applicable California Department of Finance factors, have been made available for public inspection through the Notice of Determination of Appropriations Limit for Fiscal Year 2024-25 Attachment A), which was posted at the City Hall on June 27, 2024 (more than the fifteen days prior to this July 16, 2024 Council meeting, as required by law). Establishment of the Appropriations Limit has no impact on the City’s budget because (Back to Agenda)
City Council Agenda Item 10e Page 2 of 2 July 16, 2024
this authorization simply establishes the amount of its existing appropriations the City may expend. Importantly, it does not increase taxes or other costs paid by City residents or property owners; rather, it allows the City to make full use of the revenues it already receives.

FISCAL IMPACT
There are no Fiscal Impacts to any of the City’s Funds.

CEQA IMPACT
None.

ATTACHMENTS

1. Resolution Establishing the Appropriations Limit Applicable to the City of Clayton During Fiscal Year 2024-25

2. Notice of Determination of Appropriations Limit For Fiscal Year 2024-25 Resolution XX-2024 Appropriations FY 2024-25 1 July 16, 2024 RESOLUTION NO. XX-2024
A RESOLUTION Establishing The Appropriations Limit Applicable To The City Of Clayton During Fiscal Year 2024-25

THE CITY COUNCIL
City of Clayton, California
WHEREAS, by Resolution No. 2023-38, enacted on June 20, 2023, the City of Clayton (City) established an appropriations limit applicable to the City during the Fiscal Year (FY) 2023-24 in the amount of $14,104,285; and
WHEREAS, Article XIIIB of the California Constitution and Sections 7902 (b) and 7910 of the Government Code require that each local agency subject thereto establish by resolution the applicable appropriations limit for each Fiscal Year by applying to the limit for the previous Fiscal Year the factors, as issued by the California Department of Finance reflecting changes in the California per capita personal income and in the local agency’s population; and,
WHEREAS, the calculations showing the application of those factors have been forwarded to the City Council for review and have been made available for public inspection at least 15 days prior to the date hereof; and WHEREAS, the applicable factors for FY 2024-25 are as follows: (1) the change in the California per capita personal income was 1.03620% and (2) the change in population for the City of Clayton and Contra Costa County from January 2023 to January 2024 was 1.00120%.

NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Clayton that the appropriations limit for Fiscal Year 2024-25 is hereby established as $14,104,285.

PASSED, APPROVED, AND ADOPTED by the City Council of Clayton, California at a regular public meeting of thereof held on July 16, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
10e Attachment 1
Resolution XX-2024 Appropriations FY 2024-25 2 July 16, 2024

THE CITY COUNCIL OF CLAYTON, CA
________________________________
Jim Diaz, Mayor
ATTEST:
___________________________________
Stephanie Cabrera-Brown, City Clerk
10e Attachment 1

ATTACHMENT A

CITY OF CLAYTON

NOTICE OF DETERMINATION OF APPROPRIATIONS LIMIT
FOR FISCAL YEAR 2024-25
State law (Section 7910 of the Government Code) requires each local government agency to determine during each fiscal year the appropriations limit pursuant to Article XIIIB of the California Constitution applicable during the following fiscal year. The limit must be adopted at a regularly scheduled meeting or a noticed special meeting and the documentation used in determining the limit must be made available for public review fifteen days prior to such meeting.

Set out below is the methodology proposed to be used to calculate the Fiscal Year 2024- 25appropriations limit for the District. The limit as set forth below will be considered and adopted at the meeting of the City Council Meeting on July 16, 2024.

Dated: June 27, 2024
FY 2023 -24 Appropriations Limit: $ 14,104,285
A. Change in California Per Capita Cost of Living
(Converted to a Ratio) 1.03620
B. Greater of the Change in Population (Converted to a Ratio) (Converted to a Ratio)
City of Clayton (-0.04%) 0.99960
County of Contra Costa (0.12%) 1.00120 1.00120
Compound Adjustment Factor (A multiplied by B) 1.03744
FY 2024 - 25 Appropriations Limit: 14,632,351
Estimated Appropriations Subject to Limit: 6,027,975

41.2%
Available Annual Tax Gap: $ 8,604,376
10e Attachment 2

Clayton City CouncilJuly 16, 2024

Clayton City Council
July 16, 2024