_____________________________________________________________________________________________ City Council Agenda September 17, 2024 Page 1
CLAYTON CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, September 17, 2024
7:00 p.m.
Hoyer Hall, Clayton Community Library
6125 Clayton Road, Clayton, CA 94517
Zoom Videoconference and Call-in:
Webinar: https://us02web.zoom.us/j/81342918951
Telephone: 1 + (669) 900 - 9128 Webinar ID: 813 4291 8951
1. CALL TO ORDER AND ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PUBLIC COMMENT ON NON - AGENDA ITEMS
Members of the public may address the City Council on non-agendized items within the Council’s jurisdiction. To ensure an orderly meeting and an equal opportunity for everyone, each speaker is limited to three (3) minutes, or the time established by the Mayor. In accordance with State Law, no action may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked or may at its discretion request Staff to report back at a future meeting concerning the matter.
Public comment and input on other agenda items will be allowed when each item is considered by the Council.
Jim Diaz, Mayor
Kim Trupiano, Vice Mayor 0BPeter Cloven, Councilmember
Holly Tillman, Councilmember Jeff Wan, Councilmember
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4. CONSENT CALENDAR
Consent Calendar items are typically routine in nature and are considered for approval by one single motion. Members of the Council, audience, or Staff wishing an item removed from the Consent Calendar for purpose of public comment, question, discussion, or alternative action may request so through the Mayor. a. Approval of August 20, 2024, Meeting Minutes
(City Clerk)
(View)
b. Approve a Digital Signature Policy to increase productivity and ensure convenient, timely and appropriate access to City information by using electronic signature technology to collect and preserve signatures. (City Clerk)
(View)
c. Amend the Fountain Operational Policy to add the Clayton Historical Society’s Halloween Home Tours event in October. This event would replace the previously approved Halloween Parade/Ghost Walk event that is no longer held. (City Clerk)
(View)
d. Adopt a Resolution appointing both a Board Member and an Alternative Board Member to the Municipal Pooling Authority of Northern California Board of Directors. (Assistant City Manager)
(View)
e. Adopt a Resolution authorizing the City Manager to apply for and accept funding from Municipal Pooling Authority (MPA) for a Risk safety grant in an amount not to exceed $14,500 to address risk control programs that fall within the current MPA Risk Control Program Performance Measures framework. (Assistant City Manager)
(The Budget and Audit Committee reviewed and recommended this item at their September 10, 2024, meeting; Item 4)
(View)
f. Authorize the City Manager to execute an agreement with Muchmore than Consulting, LLC (MTC) for interim fiscal and human resources services, in an amount not to exceed $80,000, effective June 15, 2024, through June 30, 2025. (Assistant City Manager)
(The Budget and Audit Committee reviewed and recommended this item at their September 10, 2024, meeting; Item 6)
(View)
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g. Approve the purchase of eight (8) new Panasonic Toughbook CF-33 Mobile Data Computers (MDC’s) to replace the existing MDC’s in the department’s patrol vehicles, for the amount not to exceed $61,109.30 and to Approve budget amendment No. 2024-01 for Fiscal Year 2024-25 to transfer from the General Fund, fund balance for purchase of MDC equipment.
(The Budget and Audit Committee reviewed and recommended this item at their September 10, 2024, meeting; Item 5)
(View)
5. RECOGNITIONS AND PRESENTATIONS
a. Certificates of Recognition to Public School Students for Exemplifying the “Do the Right Thing” Character Trait of “Courage” during the months of May/June/July 2024.
(View)
b. Presentation of fundraising monies to the Parent – Faculty Club from the Concerts in the Grove Donations.
6. REPORTS
a. City Manager / Staff
• Link to ClearGov Transparency Portal:
https://cleargov.com/california/contra-costa/city/clayton/checkbook
7. PUBLIC HEARINGS
(There are no Public Hearings scheduled for this meeting.)
8. ACTION ITEMS
(There are no Action Items scheduled for this meeting.)
9. COUNCIL ITEMS – Limited to Council requests and directives for future meetings.
10. COUNCIL REPORTS
11. ADJOURNMENT
The next regularly scheduled meeting of the City Council will be October 1, 2024.
For meeting information and materials, please visit the City’s website at www.claytonca.gov
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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 at (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.
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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 August 20, 2024 Page 1
Meeting Minutes
MINUTES
OF THE
REGULAR MEETING
CLAYTON CITY COUNCIL
TUESDAY, AUGUST 20, 2024
1. CALL TO ORDER AND ROLL CALL – The meeting was called to order at 7:01 p.m. by Mayor Diaz held via a hybrid meeting format live in-person and Zoom videoconference and broadcast from Hoyer Hall, Clayton Community Library, 6125 Clayton Road, Clayton, California. Councilmembers present: Mayor Diaz, Vice Mayor Trupiano, and Councilmembers Cloven, Tillman, and Wan. Staff present:
Interim City Manager Adam Politzer, Assistant City Manager, Regina Rubier, City Attorney, Malathy Subramanian, Interim Community Development Director, Dan Hortert, and City Clerk, Stephanie Cabrera-Brown.
2. PLEDGE OF ALLEGIANCE – Led by Mayor Diaz
3. PUBLIC COMMENT ON NON - AGENDA ITEMS
Members of the public may address the City Council on non-agendized items within the Council’s jurisdiction. To ensure an orderly meeting and an equal opportunity for everyone, each speaker is limited to three (3) minutes, or the time established by the Mayor. In accordance with State Law, no action may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked or may at its discretion request Staff to report back at a future meeting concerning the matter.
Public comment and input on other agenda items will be allowed when each item is considered by the Council.
Richard Enea Sr. - spoke regarding his candidacy for City Council and his qualifications.
Frank Gavidia – Congratulated Adam W. Politzer on being a great Interim City Manager and shared that he is looking forward to meeting the new City Manager.
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4a Attachment 1
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Meeting Minutes
Bill Wolcott – Thanked the departing Interim City Manager, provided an update on the Clayton Post Office landscaping concerns and thanked Mayor Diaz for his assistance. Mr. Walcott also spoke regarding Claytonwatch.org.
4. CONSENT CALENDAR
It was moved by Councilmember Wan, seconded by Councilmember Tillman to approve Consent Calendar item 4(a) and 4 (b) as submitted. (Passed; 5- 0).
a. Approval of Meeting Minutes
i. July 16, 2024, Regular Meeting
ii. July 23, 2024, Special Meeting
iii. July 30, 2024, Special Meeting
(City Clerk)
b. Approve the following recommendations:
(The Budget and Audit Committee reviewed and recommend this item at their August 12, 2024, meeting; Item 5.)
1) Waive the City of Clayton’s (City) Procurement Policy to permit the City to utilize an Omni procurement of a lawn mower to acquire one new Lazer Z Diesel 43.5 horsepower (HP) Yanmar lawnmower with a 144” UltraCut RD Deck;
2) Authorize the City Manager to execute the purchase agreement with Furber Saw to acquire one new Lazer Z Diesel 43.5 horsepower (HP) Yanmar lawnmower with a 144” UltraCut RD Deck for an amount not to exceed $75,364.22, in a form acceptable to legal counsel; and 3) Authorize the Interim City Manager or his designee to take any other actions that may be necessary to give effect to the above-listed actions. (Assistant City Manager)
5. RECOGNITIONS AND PRESENTATIONS
a. Proclaiming September as Childhood Cancer Awareness Month Mayor Diaz read the proclamation into record and declared September as Childhood Cancer Awareness Month.
b. Employee Appreciation Certificates
Mayor Diaz presented the following certificates:
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Meeting Minutes
• Sandy Johnson for her management and execution of the 2024 4th of July Parade.
• Adam W. Politzer for his service as Interim City Manager. c. Proclamation honoring Contra Costa County Fire Protection District Assistant Chief Lon Goetsch on his retirement
Mayor Diaz read and presented the proclamation to Contra Costa County Fire Protection District Assistant Chief Lon Goetsch.
Assistant Chief Lon Goetsch thanked the Council and shared memories of working with the City of Clayton.
6. REPORTS
a. City Manager / Staff
• Link to ClearGov Transparency Portal:
https://cleargov.com/california/contra-costa/city/clayton/checkbook Adam W. Politzer, Interim City Manager provided a brief overview of the City Manager Transition plan and thanked the Council and community for work that was completed during his time as Interim City Manager.
7. PUBLIC HEARINGS
a. Oak Creek Canyon Project, Public Hearing on an Appeal of the Planning Commission’s one-year extension of the Oak Creek Canyon Residential Planned Development Permit for Six Residential Units Located on the North Side of Marsh Creek Road and the Intersection of Diablo Parkway. (Interim Community Development Director)
Mayor Diaz opened the public hearing.
Dan Hortert, Interim Community Development Director provided an overview of the Planning Commission’s one-year extension of the Oak Creek Canyon Residential Planned Development Permit for Six Residential Units Located on the North Side of Marsh Creek Road and the Intersection of Diablo Parkway.
Vincent Moita and Jim Moita (Appellant) provided an overview of the appeal, responded to questions raised throughout the discussion, and requested the Council to approve the appeal.
David Fish and Doug Chen (Project Sponsor); provided an overview of the project, responded to questions raised throughout the discussion, and further requested the Board to uphold the decision of the Planning Department
Appellant and Project Sponsor provided rebuttals.
Following discussion by the City Council, Mayor Diaz opened the item to public comment:
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Meeting Minutes
Richard Enea –In his capacity as a Planning Commissioner spoke regarding the details of the Planning Commission decision.
Mayor Diaz closed the public hearing.
It was moved by Councilmember Wan and seconded by Vice Mayor Trupiano, adopt a Resolution to uphold the Planning Commission’s oneyear extension of the Oak Creek Canyon Residential Planned Development Permit for Six Residential Units Located on the North Side of Marsh Creek Road and the Intersection of Diablo Parkway. (Passed; 4- 1; Ayes:
Councilmembers: Tillman and Wan, Vice Mayor Trupiano, and Mayor Diaz.
Noes: Councilmember Cloven)
8. ACTION ITEMS
a. Receive an update from the City Manager’s Office on the City of Clayton Strategic Plan, Implementation Action Plan. (Assistant City Manager) (The Budget and Audit Committee reviewed and recommend this item at their August 12, 2024, meeting; Item 6.)
(Regina Rubier, Assistant City Manager) provided an overview of the City of Clayton Strategic Plan, Implementation Action Plan. Following discussion by the City Council, Mayor Diaz opened the item to public comment:
No Action Taken; Update received and filed.
b. Authorize the Mayor to execute the City Manager’s Employment Agreement (City Attorney)
Contract 35-2024
Mala Subramanian, City Attorney provided an overview of the City Manager’s Employment Agreement. 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.
Kris Lofthus – Thanked the Council for their confidence in him and spoke regarding his previous experience. Mr. Lofthus also thanked his family for their support, which allows him to work in local government.
Bill Walcott – Thanked the Council for their City Manager selection Vincent Moita – Spoke regarding the importance of historical knowledge and welcomed the incoming City Manager.
Mayor Diaz recessed the meeting at 7:42 p.m. and reconvened the meeting at
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It was moved by Councilmember Wan and seconded by Vice Mayor Trupiano, to Authorize the Mayor to execute the City Manager’s Employment Agreement. (Passed; 5- 0)
9. COUNCIL ITEMS – Limited to Council requests and directives for future meetings.
Councilmember Tillman requested a discussion to define good cause for permit extensions and also requested a discussion or investigation into concerns governance training.
Vice Mayor Trupiano requested a discussion to create a public comment policy to ensure consistency with speakers who are running for office.
10. COUNCIL REPORTS
Councilmember Cloven Shared information regarding 9/11 Remembrance day and the September 7th Clayton Day of Service.
Councilmember Wan attended meeting(s) for: Budget and Audit Committee, Climatec, and City Management Appointment Interviews
Councilmember Tillman attended meeting(s) for: Clayton Pride, Memorial Day event, Trails and Landscape Committee, City Manager Appointment, and Mt Diablo Elementary Foundation Board Meeting. Attended: She Ready Event, Employee Recognition Luncheon.
Vice Mayor Trupiano attended meeting(s) for: Budget and Audit Committee; Concerts in the Grove; Agenda Setting Meeting, Ad Hoc Improvement Committee, City Sponsored Special Events Meeting, Ad Hoc Recruitment Committee, East Bay Economic Development Alliance, and Climatec. Met with: Interim City Manager and Assistant City Manager.
Attended: Memorial Day celebrations, Employee Recognition Luncheon, and Concerts in the Grove.
Mayor Diaz attended meeting(s) for: County Connection Board Meeting, Clayton Car Show, National Night Out, Agenda Setting Committee; Concerts in the Grove; Memorial Day celebration. Attended: Employee Appreciation Luncheon Met with: Interim City Manager
11. ADJOURNMENT – on a call by Mayor Diaz, The City Council adjourned its meeting at 9:37 p.m. The next meeting will be on Tuesday September 17, 2024.
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Meeting Minutes
Please note the Minutes of this meeting set forth all actions taken by the City Council on the matters stated, but not necessarily in the chronological sequence in which the matters were taken up.
***
Respectfully submitted,
_____________________________
Stephanie Cabrera-Brown, City Clerk
APPROVED BY THE CLAYTON CITY COUNCIL
_____________ __ _
Jim Diaz, Mayor
DRAFT 4a Attachment 1
City Council Agenda Item . Page 1 September 17 2024
(Back to Agenda)
City Council Agenda Item 4b
STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Stephanie Cabrera-Brown, City Clerk/ Assistant to the City Manager DATE: September 17, 2024
SUBJECT: Adoptionof Digital SignaturePolicy
RECOMMENDATION
Approve a Digital Signature Policy to increase productivity and ensure convenient, timely and appropriate access to City information by using electronic signature technology to collect and preserve signatures.
BACKGROUND
Digital signature policies authorize the use of digital signatures for certain types of documents. Under California law, digital signatures that comply with the requirements of Government Code Section 16.5 and Civil Code Section 1633.1 are presumed to have the same legal effect as handwritten signatures. The proposed policy requires that the City contract only with digital signature technology providers for digital signature authentication services that meet the requirements of state law.
Staff has reviewed various digital signature services and has identified DocuSign as the preferred service as the platform is widely used, secure, and compatible with our surrounding agencies and business partners.
DISCUSSION
Currently the City is one of the last cities in Contra Costa County to adopt a digital signature policy. During the Covid-19 pandemic, many agencies adopted policies to follow shelter in place orders and post pandemic have continued to use digital signatures since City Council Agenda Item . Page 2 September 17 2024
returning to office. Currently the City practice of collecting handwritten signatures causes longer processing times and creates additional work for all involved. Adoption of a digital signature policy will increase productivity, and collect and preserve signatures.
FINANCIAL IMPACT
Digital service subscription plans are between $300 to $480 annually per user. The total cost may vary depending on number of authorized users.
CEQA IMPACT
None
ATTACHMENTS
1. Proposed Digital Signature Policy
16350403.1
Electronic Signature Policy
Electronic Signature Policy
Purpose: This policy authorizes the use of digital signatures as the preferred means of providing signatures for specified City of Clayton documents. The use of digital signatures improves efficiency, enhances savings, reduces or eliminates paper and paper filing requirements, and facilitates signatures among parties in different locations.
Background: Digital signatures are used to authenticate and verify the integrity of signed electronic records. A digital signature guarantees the authenticity of an electronic document or message in digital communication and uses mathematical encryption techniques to provide proof of original and unmodified documentation. Digital signatures are made with certification to evidence that a specific individual signed the electronic record and that it has not been altered.
The digitally signed document can be relied upon as evidence for a third party that the signatures were generated by the claimed signer.
Policy: It is the policy of the City to accept electronic signatures affixed to documents in which a signature is required or used, provided that:
1. The electronic signatures are “digital” signatures that comply with the requirements of California Government Code Section 16.5 and applicable state regulations1
, the signatories are willing and wanting to utilize digital signatures, and
2. The digital signatures are created by technologies authorized by the California Secretary of State and made available by the City. Signatories may digitally sign the following types of documents:
• Service Agreements and Amendments • Purchase Orders
• Letters of Agreement • Administrative Policies
• Internal Approvals
The following types of documents and transactions are considered restricted and use of digital signatures will not be accepted.
• Transactions involving real property, including, but not limited to, transfers of title of real property (e.g., deeds, titles)
• Transactions related to security interests, including, but not limited to, mortgages, foreclosures, or any other security documents
• Transactions requiring evidence of a notary
• Transactions or documents related to securities or the issuance thereof 1 Cal. Code Regs., Tit. 2, § 22000 et seq.
4b Attachment 1
16350403.1
The use, or the City's acceptance, of a digital signature is at the option of the City and the signer(s). Nothing in this Policy requires the City to use or accept the submission of a document containing a digital signature.
Definitions:
a) “Digital Signature” means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature as defined in Government Code Section 16.5(d).
b) “Digital Signature Certification Authority” means an entity authorized by the Secretary of State to issue digital certificates that are required for a digital signature under California law and that is listed on the Secretary of State’s “Approved List of Digital Signature Certification Authorities.”
c) “Digital Signature Provider” means an entity that provides document signing services using digital technology.
d) “Electronic Signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record, including a digital signature.2 e) “Electronic Record” means a record created, generated, sent, communicated, received, or stored by electronic means.3
f) “Handwritten Signature” means a signature created by a person using a pen, pencil, stamp, or other manual mechanical writing instrument or legal equivalent.
Electronic Signatures: The use of electronic signatures is authorized by two California statutes, the Uniform Electronic Transactions Act (UETA), codified at Civil Code Section 1633.1 et seq., and Government Code Section 16.5.
The UETA provides that a signature may not be denied legal effect or enforceability solely because it is in electronic form.4 In order for the UETA to apply, the parties must agree to conduct the transaction by electronic means, and whether they have agreed to do so “is determined from the context and surrounding circumstances, including the parties’ conduct.”5 Government Code Section 16.5 applies to public entities6 and authorizes any party to a written communication with a public entity, in which a signature is required or used, to affix a signature by use 2 Cal. Civ. Code § 1633.2(h).
3 Cal. Civ. Code § 1633.2(g).
4 Cal. Civ. Code § 1633.7
5 Cal. Civ. Code § 1633.5(b).
6 “‘Public entity’ includes the state, the Regents of the University of California, the Trustees of the California State University and the California State University, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the State.” Cal. Gov. Code §§ 16.5(a) & 811.2 (emphasis added).
4b Attachment 1
16350403.1
of a digital signature that complies with the requirements of Section 16.5. Digital signature transactions involving public entities that are subject to the UETA are also subject to the more particular requirements of Government Code Section 16.5.
Digital Signature Technologies: The Secretary of State only allows public entities to utilize digital signatures that are created by one of two different technologies – “public key cryptography” and “signature dynamics” – and provided that the digital signatures are created consistent with the provisions of Title 2, Section 22003 of the California Code of Regulations.
Public key cryptography (PKC) is a form of cryptography that generally allows users to communicate securely. PKC signatures are affixed to documents using software enhancements to existing applications and web browsers, and are capable of immediate third-party verification.7 Signature dynamics measures the "way a person writes his or her signature by hand on a flat surface" and "bind[s] the measurement to a message through the use of crypographic techniques."8 Unlike PKC signatures, signature dynamics signatures require additional hardware to create the signatures. PKC allows for third party verification of the signature by certification authorities approved by the State, while signature dynamics signatures require additional steps (including handwriting analysis) to verify the signer of a document (similar to a non-notarized, paper- based signature). A formal handwriting analysis of a signature dynamics signature may be lengthy.
However, some degree of certainty can be obtained by a lay-comparison of manual handwritten signatures that may already be on file with the City.
The City shall only contract with Digital Signature Providers that offer digital signature services with a certificate issued by a Digital Signature Certification Authority.9 City staff shall only accept digital signatures created by PKC or signature dynamics technologies, or other methods as approved by the Secretary of State.
Record Retention: Electronic Records will be retained consistent with the City's document retention rules, and all parties to the record/transaction will be provided a copy of Electronic Records.
Summary: To the fullest extent permitted by law, the City accepts digital signatures as legally binding and equivalent to handwritten signatures to signify an agreement. Where a document requires a signature under local, state or federal laws, regulations, or rules, that requirement is met if the document contains a digital signature that is compliant with this Policy, unless otherwise prohibited or limited by local, state or federal policy, law, regulation, or rule.
Adopted: , 2024
City Clerk
7 Cal. Code Regs. Tit. 2, Section 22003(a).
8 Cal. Code Regs. Tit. 2, Section 22003(b)(1)(D).
9 California Secretary of State, Approved List of Digital Signature Certification Authorities, http://www.sos.ca.gov/administration/regulations/current-regulations/technology/digitalsignatures/approved-certification-authorities?referrer=&lastReferrer=trustfile.avalara.com (as of July 2018).
4b Attachment 1
City Council Agenda Item 4c Page 1 of 2 September 17, 2024 City Council Agenda Item 4c
STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Stephanie Cabrera-Brown, City Clerk/Assistant to the City Manager DATE: September 17, 2024
SUBJECT: Amendment to the Fountain Operational Policy to include the Clayton Historical Society’s Halloween Home Tours event in October.
RECOMMENDATION
Amend the Fountain Operational Policy to add the Clayton Historical Society’s Halloween Home Tours event in October. This event would replace the previously approved Halloween Parade/Ghost Walk event that is no longer held.
BACKGROUND
The city received a request to have the fountain in operation for the 1st Annual Clayton Halloween Home Tour event. After review, staff determined that this event is similar to the previously authorized Halloween Parade/Ghost Walk event and requests that the event be added to the list of operational events/holidays for the Clayton Fountain, as per the Fountain Operation Policy.
The current list includes the following selected days to recognize City-sponsored events or functions and Federal holidays as established by law (5 U.S.C. 6103): Martin Luther King Jr. Birthday (third Monday in January), Presidents’ Day Weekend (February), Annual Garden Tour Weekend (April), Annual Art and Wine Festival (last weekend in April or first weekend in May), Memorial Day Weekend (May), the 4th of July, BBQ Cook Off (July), Labor Day Weekend, Oktoberfest (last weekend in Sept. or first weekend in October), Columbus Day (second Monday in October), Veterans Day (November 11), Thanksgiving Holiday weekend (fourth Thursday in November), Downtown Holiday Tree Lighting Ceremony and Sing Along, Christmas, and New Year’s Eve and Day.
Fountain Operations Policy was reviewed and amended in 2018 to incorporate all Federal Holidays.
(Back to Agenda)
City Council Agenda Item 4c Page 2 of 2 September 17, 2024
DISCUSSION
The City Council has sole authority to update the Fountain Operational policy. The request to add the Halloween Home Tours falls within the approved City-sponsored events or functions that enrich the community. Adding this additional event would align with current and previous fountain use policies.
FISCAL IMPACT
The city is expected to cover the current Master Schedule Fee cost of $513 for 48 hours of fountain operation.
CEQA IMPACT
None.
ATTACHMENTS
1. Proposed Updated Fountain Operational Policy
2. Fountain Operational Policy 082118 - Redline
6000 Heritage Trail
Clayton, CA 94517
(925) 673-7300
CLAYTON FOUNTAIN
OPERATIONAL POLICY
Approved by City Council 16 April 2002
Confirmed by City Council 16 July 2002
Amended by the City Council 17 September 2024
The Clayton Fountain (with geysers) at the intersection of Oakhurst Boulevard, Clayton Road, and Center Street will operate on the following selected days to recognize City-sponsored events or functions and Federal holidays as established by law (5 U.S.C. 6103): Martin Luther King Jr.
Birthday (third Monday in January), Presidents’ Day Weekend (February), Annual Garden Tour Weekend (April), Annual Art and Wine Festival (last weekend in April or first weekend in May), Memorial Day Weekend (May), the 4th of July, BBQ Cook Off (July), Labor Day Weekend, Oktoberfest (last weekend in Sept. or first weekend in October), Columbus Day (second Monday in October), Clayton Halloween Home Tours (October), Veterans Day (November 11), Thanksgiving Holiday weekend (fourth Thursday in November), Downtown Holiday Tree Lighting Ceremony and Sing Along, Christmas, and New Year’s Eve and Day.
Private party or other organization requests for operation of the Clayton Fountain are subject to a two (2) week advance written request to the City of Clayton and payment by the requesting party of the flat fee as stated in the City of Clayton Current Fee Schedule. The flat fee pays for the full direct and indirect costs incurred by the City for the operation of the Clayton Fountain over a forty-eight (48) hour event time period.
Fountain Operation Request Application
Name of Applicant:
Organization’s Name (if applicable):
Mailing Address:
City/State/Zip:
Daytime Phone Number: Home Phone Number:
Cell Phone:
Description of Activity:
Day/Date Requested:
City Use Only:
Fountain Operation Fee: $
Receipt #: Account #:
Accepted by: Date:
CC: Maintenance Date:
City Manager Date:
Fountain Operation use form September 17 2024
4c Attachment 1
6000 Heritage Trail
Clayton, CA 94517
(925) 673-7300
CLAYTON FOUNTAIN
OPERATIONAL POLICY
Approved by City Council 16 April 2002
Confirmed by City Council 16 July 2002
Amended by the City Council 17 September 2024
The Clayton Fountain (with geysers) at the intersection of Oakhurst Boulevard, Clayton Road, and Center Street will operate on the following selected days to recognize City-sponsored events or functions and Federal holidays as established by law (5 U.S.C. 6103): Martin Luther King Jr. Birthday (third Monday in January), Presidents’ Day Weekend (February), Annual Garden Tour Weekend (April), Annual Art and Wine Festival (last weekend in April or first weekend in May), Memorial Day Weekend (May), the 4th of July, BBQ Cook Off (July), Labor Day Weekend, Oktoberfest (last weekend in Sept. or first weekend in October), Columbus Day (second Monday in October), Clayton Halloween Home Tours (October), Veterans Day (November 11), Thanksgiving Holiday weekend (fourth Thursday in November), Downtown Holiday Tree Lighting Ceremony and Sing Along, Christmas, and New Year’s Eve and Day.
Private party or other organization requests for operation of the Clayton Fountain are subject to a two (2) week advance written request to the City of Clayton and payment by the requesting party of the flat fee as stated in the City of Clayton Current Fee Schedule. The flat fee pays for the full direct and indirect costs incurred by the City for the operation of the Clayton Fountain over a forty-eight (48) hour event time period.
Fountain Operation Request Application
Name of Applicant:
Organization’s Name (if applicable):
Mailing Address:
City/State/Zip:
Daytime Phone Number: Home Phone Number:
Cell Phone:
Description of Activity:
Day/Date Requested:
City Use Only:
Fountain Operation Fee: $
Receipt #: Account #:
Accepted by: Date:
CC: Maintenance Date:
City Manager Date:
4c Attachment 2
Fountain Operation use form September 17 2024
4c Attachment 2
City Council Agenda Item . Page 1 of 2 September 17, 2024 City Council Agenda Item 4d
STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Regina Rubier, Assistant City Manager
DATE: September 17, 2024
SUBJECT: Adopt a Resolution Appointing Both a Board Member and an Alternative Board Member to the Municipal Pooling Authority of Northern California Board of Directors
___________________________________________________________________________
RECOMMENDATION
Adopt a Resolution appointing both a Board Member and an Alternative Board Member to the Municipal Pooling Authority of Northern California Board of Directors.
BACKGROUND
On December 5, 1995, the City of Clayton adopted a resolution repealing resolution 72-91, reaffirming designation of a Board Member and designating an alternative board member to what was formally known as the Contra Costa Municipal Risk Management Authority, now known as the Municipal Pooling Authority of Northern California (MPA).
On June 4, 2024, the City of Clayton removed the title “Assistant to the City Manager/Human Resources Director” from their position list and replaced the position with “Assistant City Manager/Administrative Services Director”.
DISCUSSION
The current MPA agreement states that the Board Member appointed for the City of Clayton is the City’s “City Manager”, while the alternate Board Member shall be the position of “Assistant to the City Manager”. Since the position of “Assistant to the City Manager” was eliminated on June 4, 2027, and the new position of “Assistant Citty Manager/Administrative Services Director” was created, the City needs to update the appointment as the City’s alternate Board Member to the MPA.
FISCAL IMPACT
By approving this action, there is no fiscal impact to the General Fund or any other City funds. (Back to Agenda)
City Council Agenda Item . Page 2 of 2 September 17, 2024
CEQA IMPACT
None.
Attachment:
1. Resolution of the City Council of the City of Clayton Designating a Board Member and an Alternative Board Member to the Municipal Pooling Authority of Northern California RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON DESIGNATING A
BOARD MEMBER AND AN ALTERNATIVE BOARD MEMBER TO THE MUNICIPAL
POOLING AUTHORITY OF NORTHERN CALIFORNIA
WHEREAS, the City of Clayton is a member of the Municipal Pooling Authority of Northern California; and
WHEREAS, the governing documents of the Municipal Pooling Authority of Northern California require the city council of each member city to appoint one Board member and to appoint one alternative Board member to the Board of Directors of the Authority; and WHEREAS, the governing documents of the Municipal Pooling Authority of Northern California require that the City shall appoint its City Manager or the department head or staff person responsible for the City’s risk management function as the primary Board member, and that the alternative Board member shall have the same qualifications as the primary Board member; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Clayton hereby designates the City Manager as the City’s Board member to the Municipal Pooling Authority of Northern California;
BE IT FURTHER RESOLVED, that the Assistant City Manager is hereby appointed as the City’s alternative Board member to the Municipal Pooling Authority of Northern California.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Clayton at a regular meeting held on, September 17, 2024 by the following vote:
AYES:
NOES:
ABSENT:
James Diaz
Mayor
ATTEST:
Sephanie Cabrera-Brown
City Clerk
4d Attachment 1
Resolution XX-2024 Designate MPA Board Member and Alternate September 17, 2024 XX-2024
City Council Agenda Item 4e Page 1 of 2 September 17, 2024 City Council Agenda Item 4e
STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Regina Rubier, Assistant City Manager
DATE: September 17, 2024
SUBJECT: Adopt a Resolution Authorizing the City Manager to apply for and accept funding from Municipal Pooling Authority for a Risk Safety grant in an amount not to exceed $14,500 to address risk control programs ___________________________________________________________________________
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to apply for and accept funding from Municipal Pooling Authority (MPA) for a Risk safety grant in an amount not to exceed $14,500 to address risk control programs that fall within the current MPA Risk Control Program Performance Measures framework.
(The Budget and Audit Committee reviewed and recommended this item at their September 10, 2024 meeting; Item 4)
BACKGROUND
On June 15, 2024, the MPA Board of Directors approved the revival of the Risk Safety Grant Program, wherein each MPA member participating in the General Liability program is eligible for $14,500 in grant funds to address risk control programs that fall within the current MPA Risk Control Program Performance Measures framework and/or other applicable loss prevention activities that directly related to MPA historical losses.
DISCUSSION
The city staff has been actively and diligently engaged in a variety of clearly defined projects within City Hall and across the broader community. Among these important initiatives, one project in particular aligns with the scope of the available grant funding.
The city has recognized a pressing need to develop a comprehensive records management system.
(Back to Agenda)
City Council Agenda Item 4d Page 2 of 2 September 17, 2024 Recent changes in city staff have brought to light a significant issue: numerous city records have not been properly cataloged or stored. This lack of organization not only hinders efficient access to information but also raises concerns about the city's ability to ensure legal protection, such as design immunity, in the future.
By securing the grant, the city will be able to establish a robust records management system. This system will ensure that all city records are systematically cataloged, securely stored, and easily accessible when needed. Properly managing these records will not only streamline operations but also protect the city from potential legal liabilities, safeguarding the integrity and functionality of city governance for years to come.
FISCAL IMPACT
By approving this action, there is no fiscal impact to the General Fund or any other City funds.
CEQA IMPACT
None.
ATTACHMENT(S)
1. Resolution Authorizing the City Manager to Apply for and Accept Funding from Municipal Pooling Authority for a Risk Safety Grant in an amount not to exceed $14,500
Resolution No.XX-2024 Page 1 of 2 September 17, 2024
RESOLUTION NO. XX-2024
A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT
FUNDING FROM MUNICIPAL POOLING AUTHORITY FOR A RISK SAFETY GRANT IN AN AMOUNT NOT TO EXCEED $14,500 TO ADDRESS RISK CONTROL PROGRAMS
THE CITY COUNCIL
City of Clayton, California
WHEREAS, on June 13, 2024, the Municipal Pooling Authority (MPA) Board of Directors approved the revival of the Risk Safety Grant Program, where in each MPA member participating in the General Liability program is eligible for $14,500 in grant funds to address risk control programs that fall within the current MPA Risk Control Program Performance Measures framework and/or applicable loss prevention activities that directly related to MPA historical losses; and
WHEREAS, the City of Clayton is a member of the General Liability program of the MPA; and WHEREAS, the City of Clayton has established a need for establishing a robust records management system that will ensure that all city records are systematically cataloged securely stored and easily accessible when needed;
WHEREAS, When the City’s records are properly managed, it will not only streamline operations but also protect the City from potential legal liabilities, safeguarding the integrity and functionality of city governance for years to come.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Clayton, California, does hereby.
1. Authorize the City Manager to apply for a Risk Safety Grant in an amount not to exceed $14,500.
2. If the City is awarded such grant, authorize the City Manager to accept grant funding and sign appropriate documentation to ensure funding is issued to the City. 4e Attachment 1
Resolution No.XX-2024 Page 2 of 2 September 17, 2024
PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California, at a regular public meeting thereof held on the 17th day of September 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
THE CITY COUNCIL OF CLAYTON, CA
Jim Diaz, Mayor
ATTEST:
Stephanie Cabrera-Brown, City Clerk
4e Attachment 1
City Council Agenda Item 4f Page 1 of 2 September 17, 2024 City Council Agenda Item 4f
STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Regina Rubier, Assistant City Manager
DATE: September 17, 2024
SUBJECT: Authorize the City Manager to Execute an Agreement with Muchmore Than Consulting, LLC in an amount not to exceed $80,000 for Interim Finance and Human Resources, effective June 15, 2024, through June 30, 2025. ___________________________________________________________________________
RECOMMENDATION
Authorize the City Manager to execute an agreement in an amount not to exceed $80,000 with Muchmore than Consulting, LLC for interim fiscal and human resources services, effective June 15, 2024, through June 30, 2025.
(The Budget and Audit Committee reviewed and recommended this item at their September 10, 2024 meeting; Item 6)
BACKGROUND
The City’s Human Resources Manager position is currently vacant. The City Manager and newly approved Assistant City Manager / Administrative Services Officer positions have recently been filled. In April 2024, the City engaged with Muchmore Than Consulting under the City Manager’s authority ($30,000) who has provided timely and effective, recruitment, classification and compensation studies, support for recruitment and selection, oversight for administrative services, budget preparation, and solutions for strategic and tactical human resources issues. The work exceeded the City Manager’s authority of $30,000 in mid-June of 2024 and at the request of City staff, MTC continued to serve the City finishing critical work including the following accomplishments: development and presentation of the City’s approved budget, successful recruitment for Assistant City Manager / Administrative Services Director, and improvement of staff engagement and culture. Staff recommends continuing the relationship with MTC through the current City executive leadership transition to providing continuity of programs and services.
(Back to Agenda)
REVISED 9/17/24 @5:00 p.m.
City Council Agenda Item 4f Page 2 of 2 September 17, 2024
DISCUSSION
Members of Muchmore Than Consulting, have been providing fiscal, payroll, and human resources services to the City in various capacities since April 2024 when the City’s Human Resources Manager position vacated. Since then, they have provided support to City staff and executives on strategic matters such as budget preparation and presentation, recruitment and selection processes, a successful Assistant City Manager / Administrative Services Officer recruitment, performance management, staffing models, classification and compensation strategies.
City employees and leaders are familiar with and have worked with members of Muchmore Than Consulting. Elsie Okeyo has facilitated and participated in numerous discussions with City staff members and executives regarding tactical and strategic human resources issues. The firm’s experience with the City and its employees will allow for continuity of operations for key human resources programs and assistance to the City for filling key positions in Leadership.
Muchmore Than Consulting has the knowledge necessary to provide effective and seamless support to the City’s leadership team and its employees. Authorizing the City Manager to enter into an agreement for interim services will allow for a smooth transition with the Human Resources function and continue to move current recruitments and HR initiatives forward. Staff requests Council to authorize the City Manager to continue our business relationship and enter into an agreement with Muchmore Than Consulting, LLC, effective June 15, 2024, for interim fiscal and human resources services and ad hoc support for the coming labor negotiation processes for up to $80,000.
FISCAL IMPACT
This is an unbudgeted item; therefore, a budget amendment is required. The cost for the additional fiscal and human resources contract will not exceed $80,000.
CEQA IMPACT
None.
Attachment:
None.
City Council Agenda Item 4g Page 1 of 2 September 17, 2024 City Council Agenda Item 4g
STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Chief McEachin, Police Department
DATE: September 17, 2024
SUBJECT: Authorize the Purchase of Eight Panasonic Toughbook CF-33 Mobile Data Computers for Patrol Vehicles not to exceed $61,109.30 and Approve Budget Amendment No. 2024-01 for Fiscal Year 2024-25 to Transfer from the General Fund Balance for Purchase.
___________________________________________________________________________
RECOMMENDATION
Approve the purchase of eight (8) new Panasonic Toughbook CF-33 Mobile Data Computers (MDC’s) to replace the existing MDC’s in the department’s patrol vehicles, for the amount not to exceed $61,109.30 and to Approve budget amendment No. 2024-01 for Fiscal Year 2024-25 to transfer from the General Fund, fund balance for purchase of MDC equipment.
(The Budget and Audit Committee reviewed and recommended this item at their September 10, 2024 meeting; Item 5)
BACKGROUND
The eight (8) Clayton Police Department patrol vehicles are each equipped with a Panasonic Toughbook MDC that interfaces with Concord Police Department Dispatch to access their Computer Aided Dispatch (CAD) system. Approximately every five (5) years, Concord upgrades computers to keep up with technology and to ensure their Information Technology (IT) equipment is reliable and proficient. The Concord Police Department is upgrading all of their MDC’s at this time, and as a result will no longer be providing support for the previous version.
DISCUSSION
The current Panasonic Toughbooks were purchased in late 2018 and installed in the vehicles in early 2019. The purchase of eight (8) new MDC’s would allow us to replace the entire fleet all at once, which is the preferred method. The MDC’s would be installed by (Back to Agenda)
City Council Agenda Item 4g Page 2 of 2 September 17, 2024 CDCE Incorporated, a vendor that Concord Police Department has selected through a competitive bidding process and programmed by Concord IT. Because we contract all Dispatch and Records Management services with the City of Concord, we must replace our IT equipment when they replace theirs to be in compliance with the agreement and continue that working relationship.
As with previous versions, the estimated life span of the new MDC’s would be approximately five (5) years.
FISCAL IMPACT
This is an unbudgeted item; therefore, a budget amendment is required. The cost to purchase and install eight Panasonic Toughbook CF-33 Mobile Data Computers will not exceed $61,109.30. This is a price negotiated by the City of Concord to coincide with the purchase of replacement MDC’s for their fleet.
CEQA IMPACT
None.
Attachment:
1. CDCE, Inc. quote
4g Attachment 1
4g Attachment 1
4g Attachment 1
4g Attachment 1
4g Attachment 1
Rogan Garvin
for
“Doing the Right Thing”
at
Mt. Diablo Elementary School
by exemplifying great “Courage”
May/June/July 2024
City Council Agenda Item 5aAttachment 1
(Back to Agenda)
Lianna Kaplan
for
“Doing the Right Thing”
at
Mt. Diablo Elementary School
by exemplifying great ”Courage”
May/June/July 2024
City Council Agenda Item 5aAttachment 1
Anthony Bowles
for
“Doing the Right Thing”
at
Mt. Diablo Elementary School
by exemplifying great “Courage”
May/June/July 2024
City Council Agenda Item 5aAttachment 1
McKenzie Hill
for
“Doing the Right Thing”
at
Diablo View Middle School
by exemplifying great “Courage”
May/June/July 2024
City Council Agenda Item 5aAttachment 1
Zareen Zafari
for
“Doing the Right Thing”
at
Diablo View Middle School
by exemplifying great “Courage”
May/June/July 2024
City Council Agenda Item 5aAttachment 1
Kai Howard
for
“Doing the Right Thing”
at
Diablo View Middle School
by exemplifying great “Courage"
May/June/July 2024
City Council Agenda Item 5aAttachment 1