Jeff Wan, Vice Mayor Jim Diaz, Councilmember
Holly Tillman, Councilmember Richard G Enea, Councilmember
1. CALL TO ORDER and ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PUBLIC COMMENT ON NON-AGENDA ITEMS
4. CONSENT CALENDAR
(a) Approval of the February 18, 2025, Meeting Minutes
CLAYTON CITY COUNCIL
REGULAR MEETING AGENDA
TUESDAY, MARCH 4, 2025
7:00 PM
Hoyer Hall, Clayton Community Library
6125 Clayton Road, Clayton, CA 94517
Kim Trupiano, Mayor
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.
(View)
Clayton City Council Agenda March 4, 2025
1 1
(b) Authorize the City Manager to Execute an Agreement with Prime Time Entertainment, Inc for Promotor and On-site Coordinator Services for the 2025 Concerts in the Grove Series
(c) Acceptance of the 2024 General Plan Implementation and Housing Element Annual Progress Report
5. RECOGNITIONS AND PRESENTATIONS
(a) Unsung Hero for the Month of February (awarded in March)
6. REPORTS
(a) City Manager/Staff
Link to ClearGov Transparency Portal: https://cleargov.com/california/contracosta/city/clayton/checkbook (b) City Council / Committees
7. PUBLIC HEARINGS
8. ACTION ITEMS
(a) Authorize Execution and Recordation of Noise Abatement Agreement for Oakhurst Golf Course Maintenance Activities
9. ADJOURNMENT
(View)
(View)
(View)
(View)
(There are no Public Hearings Scheduled for this Meeting) (View)
The next regularly scheduled meeting of the City Council will be March 18, 2025.
For meeting information and materials, please visit the City’s website at www.claytonca.gov
Clayton City Council Agenda March 4, 2025
2 2
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 impirment 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 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 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.
Clayton City Council Agenda March 4, 2025
3 3
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Stephanie Cabrera-Brown, City Clerk/Assistant to the City Manager DATE: March 4, 2025
SUBJECT: Approval of the February 18, 2025, Meeting Minutes Agenda Item: 4.a
STAFF REPORT
RECOMMENDATION
Please see attachment.
BACKGROUND
The City Council reviews and approves the meeting minutes from the previous meeting.
FISCAL IMPACTS
N/A
CEQA
N/A
ATTACHMENTS
Minutes 021825 - Draft.pdf
4 _____________________________________________________________________________________________ City Council Minutes February 18, 2025 Page 1
MINUTES
OF THE
REGULAR MEETING
CLAYTON CITY COUNCIL
TUESDAY, FEBRUARY 18, 2025
1. CALL TO ORDER AND ROLL CALL – The meeting was called to order at 6:30 p.m. by Mayor Trupiano held in-person, and broadcast from Hoyer Hall, Clayton Community Library, 6125 Clayton Road, Clayton, California. Councilmembers present: Councilmembers: Diaz, Enea, Tillman, Vice Mayor Wan, and Mayor Trupiano. Staff present: City Manager, Kris Lofthus; Assistant City Manager, Regina Rubier; Interim Community Development Director, Farhad Mortazavi; City Engineer, Larry Theis; City Attorney, Malathy Subramanian; City Clerk, Stephanie Cabrera-Brown.
2. PLEDGE OF ALLEGIANCE – Led by Mayor Trupiano
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.
Larry McNeil – Spoke regarding the costs associated with staffing turnover and comments made by other speakers at the February 4th meeting.
Scott Denslow – Spoke regarding comments made by other speakers at the February 4th meeting.
5 _____________________________________________________________________________________________ City Council Minutes February 18, 2025 Page 2
Prior to entering Closed Session, Mayor Trupiano opened the item to public comment; there were no members of the public wishing to speak to this item.
The City Council recessed the meeting and convened in Closed Session at 6:32 p.m.
4. CLOSED SESSION
a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property Under Negotiation: Assessor’s Parcel Numbers: APN: 118-370- 077 and 118-520-001-9, located at Clayton
Road east of Peacock Creek Drive, Clayton
CA, 94517
Agency Negotiators: Kris Lofthus, City Manager and Farhad Mortazavi, Interim Community Development
Director
Negotiating Parties: Grant Alvernaz, Three Putt Development, LLC
Under Negotiations: Price and Terms of Payment
The City Council reconvened the meeting at 6:42 p.m.
No Reportable Action Taken.
5. CONSENT CALENDAR
It was moved by Vice Mayor Wan and seconded by Councilmember Diaz, to approve Consent Calendar Items 5(a) and 5(c) and to Continue Item 5(b) (Passed 5/0)
a. Approval of the February 4, 2025, Meeting Minutes.
(City Clerk)
b. Authorize Execution and Recordation of Noise Abatement Agreement for Oakhurst Golf Course Maintenance Activities
Continued to the February 18, 2025, meeting.
c. Establishing 2025/2026 Equivalent Runoff Unit (ERU) Assessment Rate for Federal and State Mandated National Publishing Discharge Elimination System (NPDES) Program (Storm Water Pollution Prevention System) Following discussion by the City Council, Mayor Trupiano opened the Consent Calendar to public comment:
6 _____________________________________________________________________________________________ City Council Minutes February 18, 2025 Page 3
Tom Wiesendanger – Spoke regarding concerns with golf course maintenance hours, complaints made directly to the golf course and made recommendations on what should be included in the agreement.
Pamela Wiesendanger – Spoke regarding concerns with golf course maintenance hours and conflicts with the noise ordinance.
Glenn Miller – Spoke regarding concerns with current agreement, time maintenance beings (5:00 a.m.), and interactions with golf course maintenance staff.
6. RECOGNITIONS AND PRESENTATIONS
(There are no Recognitions or Presentations scheduled for this meeting.)
7. REPORT
a. City Manager / Staff
• Link to ClearGov Transparency Portal:
https://cleargov.com/california/contra-costa/city/clayton/checkbook Kris Lofthus, City Manager, shared an update on the current staffing recruitments and the interview schedule. Mr. Lofthus also shared that he attended the League of California Cities Conference, provided an update on the search for a vendor to present to the Governance Ad Hoc Committee, and shared information on upcoming City Sponsored Special Events and Planning Commission
b. City Council / Committees
Reports provided as an attachment to the agenda.
Mayor Trupiano reminded the council that the Council Reports are to be used for reporting out on outside committees and other city business activities.
8. PUBLIC HEARINGS
(There were no Public Hearings scheduled for this meeting.)
9. ACTION ITEM(S)
a. Approve a 4% Base Salary Increase for the Police Chief Job Classification and Amend the City of Clayton's Pay Schedule Accordingly Kris Lofthus, City Manager, provided an overview of 4% Base Salary Increase for the Police Chief Job Classification and Amendment to the 7 _____________________________________________________________________________________________ City Council Minutes February 18, 2025 Page 4
City of Clayton's Pay Schedule. Following discussion by the City Council, Mayor Trupiano opened the item to public comment; There were no members of the public wishing to speak to this item.
It was moved by Vice Mayor Wan and seconded by Councilmember Tillman to Authorize the City Manager Approve a 4% Base Salary Increase for the Police Chief Job Classification and Amend the City of Clayton's Pay Schedule Accordingly (Passed 5/0)
10. ADJOURNMENT – on a call by Mayor Trupiano, The City Council adjourned its meeting at 8:29 p.m. in honor of:
John Bolin, Dan DeSouza, and John Mele
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.
***
8 TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kris Lofthus, City Manager
DATE: March 4, 2025
SUBJECT: Authorize the City Manager to Execute an Agreement with Prime Time Entertainment, Inc for Promotor and On-site Coordinator Services for the 2025 Concerts in the Grove Series
Agenda Item: 4.b
STAFF REPORT
RECOMMENDATION
It is Recommended by Staff and the Budget and Audit Committee that the City Council Authorize the City Manager to Execute an Agreement with Prime Time Entertainment, Inc (PTE) for Promotor, Entertainment Insurance, and On-site Coordinator Services for the 2025 Concerts in the Grove Series
BACKGROUND
At its February meeting, the Budget and Audit committee approved the entertainment selection resulting in an overage of $1,039. This additional cost raises the agreement to $31,029, which is outside of the City Manager signing authority. Seeking approval to execute the agreement with PTE for the additional cost.
FISCAL IMPACTS
An additional $1,039 will need to be transferred to the city sponsored special events account.
Total Band Costs $26,239 and onsite Coordination for all dates $4,800 for an agreement total of $31,039.
CEQA
None.
ATTACHMENTS
Attachment 1 - Clayton_ Professional Services Agreement Prime Time Entertainment, Inc.pdf 9 38044.03101\30483741.3
1 CITY OF CLAYTON
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as {Insert Date} by and between the City of Clayton, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 6000 Heritage Trail, Clayton, California 94517 (“City”), and PRIMETIME ENTERTAINMENT, INC., a CORPORATION with its principal place of business at 2430 Research Drive, Livermore CA 94550 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Concerts in the Grove 2025 (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $ 31,039.00. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a 10 38044.03101\30483741.3
2 statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. Term.
The term of this Agreement shall be from {Insert Start Date} to 09/30/2025, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics, war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care
11 38044.03101\30483741.3
3 Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided satisfactory evidence to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
12 38044.03101\30483741.3
4 (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
13 38044.03101\30483741.3
5 d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant 14 38044.03101\30483741.3
6 shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise 15 38044.03101\30483741.3
7 assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
16 38044.03101\30483741.3
8 a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. Reserved.
16. Laws and Venue.
17 38044.03101\30483741.3
9 This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Contra Costa, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Hannah Kohlmeyer, Talent Buyer as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
18 38044.03101\30483741.3
10 CITY:
City of Clayton
6000 Heritage Trail
Clayton, CA 94517
Attn: Kris Lofthus, City Manager
CONSULTANT:
PRIMETIME ENTERTAINMENT, INC
2430 Research Drive
Livermore, CA 94550
Jim Douglas, Owner
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver
19 38044.03101\30483741.3
11 None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
20 38044.03101\30483741.3
12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CLAYTON
AND PRIMETIME ENTERTAINMENT, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF CLAYTON PrimeTime Entertainment, Inc.
By: By:
Kris Lofthus
City Manager Its: Owner
Printed Name: Jim Douglas
ATTEST:
By:
Stephanie Cabrera-Brown
City Clerk
21 38044.03101\30483741.3
13 EXHIBIT A
SCOPE OF SERVICES
On-Site Coordinator
l. Designate one On-Site Coordinator and one Promoter (may be the same person)
2. Schedule on-site coordinator to arrive at 3:00 pm and remain on site through the conclusion of the event
3. Handle all entertainment communication, logistics and day of appearance a. Band Load in
b. Sound checks
c. Concert flow management
d. Review set lists
e. Plan for and ensure proper audio/electrical needs for each band Promoter
4. Responsible for requesting the needed insurance, licenses, and contracts required by the City
5. Responsible for paying bands based on agreed upon event rates.
6. Send detailed show logistics in advance of each event: Event timing, hospitality and questions
a. Share with engineers, bands, and staff
7. Provide in-house marketing support to create:
a. Ad materials
b. Online event listing
c. Digital Fliers for use of the artists and City
EXHIBIT B
Schedule of Charges/Payments
22 38044.03101\30483741.3
14 Consultant will invoice City for the full . Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by consultant. This is a time-and-materials contract.
Total Bands $26,239.00
Total On-site Coordinator
Fees
$4,800.00
Agreement Total $31,039.00
23 38044.03101\30483741.3
15 (Page intentionally left bank)
24 38044.03101\30483741.3
16 EXHIBIT C
Activity Schedule
Concert Date Scheduled Band
May 17
May 31
June 14
June 28
July 12
July 26
August 9
August 23
25 TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Farhad Mortazavi, Interim Community Development Director DATE: March 4, 2025
SUBJECT: Acceptance of the 2024 General Plan Implementation and Housing Element Annual Progress Report
Agenda Item: 4.c
STAFF REPORT
RECOMMENDATION
Adopt a Resolution accepting the City’s 2024 Housing Element Annual Progress Report (APR) and summary of actions related to implementation of other General Plan policies.
BACKGROUND
Government Code Section 65400 requires the planning agency of each jurisdiction to prepare an annual report on the progress in implementation of the jurisdiction’s general plan and general plan housing element. The report from the jurisdiction’s planning director or staff must be submitted by April 1 of each year to the jurisdiction’s legislative body (city council or board of supervisors), to the State Department of Housing and Community Development (HCD) and to the State Office of Planning and Research (OPR).
HCD uses the APR as a tool to facilitate implementation of a community’s housing element as well as for the tracking and monitoring of progress in addressing statewide housing needs and goals. Jurisdictions must report the number of residential units in all pending development applications, the number of housing units approved or entitled, and the number of housing units with building permits issued or final inspections (certificates of occupancy) granted for the reporting calendar year.
The APR includes information on a jurisdiction’s progress toward addressing its Regional Housing Needs Allocation (RHNA), including the number of housing units permitted by income level (number of building permits issued), the status of programs in the housing element as adopted on January 17, 2023, (amended in March 2024 and May 2024 in response to formal and informal HCD comments), and efforts to remove government constraints. HCD also uses the submittal of the report as one of its threshold requirements for local public agencies to qualify for certain State grants or program funds.
26 This Agenda report and the attached Resolution also summarize actions taken by the City during the calendar year 2024 with respect to other policies in the Clayton General Plan.
FISCAL IMPACTS
There are nominal costs related to staff time and printing costs associated with the filing of this report.
CEQA
Acceptance of and authorization to submit the General Plan Annual Progress Report is not a “project” as that term is defined in section 15378 of the state Guidelines for Implementation of the California Quality Act (CEQA Guidelines, California Code of Regulations section 15000 et seq), and therefore, CEQA does not apply to this action.
ATTACHMENTS
Clayton CC 2024 APR Reso 3 4 25.pdf
Clayton CC 2024 APR Attachment.pdf
27 Resolution No. 7-2025 Page 1 of 3 March 4, 2025
RESOLUTION NO. 7-2025
A RESOLUTION APPROVING THE CITY OF CLAYTON
2024 GENERAL PLAN IMPLEMENTATION SUMMARY AND
HOUSING ELEMENT ANNUAL PROGRESS REPORT
THE CITY COUNCIL
City of Clayton, California
WHEREAS, Government Code Section 65400 requires the Planning Agency of the City of Clayton, California, to prepare an annual report on the City’s progress in implementing its General Plan and Housing Element using forms and definitions adopted by the California Department of Housing and Community Development (HCD); and WHEREAS, during the reporting period of January 1 through December 31, 2024, the City Council considered various actions that relate to adopted General Plan policies. The City’s Capital Improvement Program (CIP), adopted on June 4, 2024, included a list of and appropriations for various infrastructure projects. Projects listed in the CIP implement multimodal transportation policies in the General Plan, by enhancing pedestrian or bicycle mobility through new pedestrian or bicycle facilities (Downtown Pedestrian Improvement [CIP No. 10450]), or by providing enhancements to existing pedestrian curb ramps to ensure accessibility for persons with various physical abilities (ADA Transition Compliance Program [CIP 10394A]). Street maintenance, paving and rehabilitation programs are again included in this fiscal year’s CIP. These pedestrian, accessibility and roadway improvements continue the City’s ongoing efforts to implement General Plan Circulation Element Policy 9c and Implementation Measure 4 calling for ongoing evaluation of transportation facilities, as well as Community Design Element Goal 2 supporting a vibrant, pedestrian-friendly Town Center.
New programs in the CIP support ongoing infrastructure planning and improvement through enhancements to the City’s infrastructure records using a map-based information system (GIS), systematic identification of transportation safety problems and recommended improvements, and equipment installations to improve efficiency of existing roadways in and proximate to Clayton (Geographic Information System Program/Database [CIP No. T2303], Local Roadway Safety Plan [CIP No. T2304], CCTA SMART Signal Upgrades [CIP No.
T2305]). These recent programs are consistent with and implement Community Facilities Element Objective 1 and Circulation Element Implementation Measure 12 supporting efficient and safe infrastructure systems, in addition to the above-referenced Circulation Element goals, policies and implementation measures; and
WHEREAS, the 2024 Housing Element Annual Progress Report (APR) includes information on the City of Clayton’s progress in addressing its assigned Regional Housing Needs Allocation, including the total number of housing units submitted as part of a development application, the number of housing units entitled, the number of housing units by income level for which a building permit was issued or finalized, the status of program implementation, and efforts to remove governmental constraints for the reporting period; and 28 Resolution No. 7-2025 Page 2 of 3 March 4, 2025
WHEREAS, the City’s 6th Cycle Housing Element spans the period from 2023 to 2031, with numerous programs scheduled for implementation during the subsequent years of the 2024 reporting period. To date, the City has made notable progress in advancing several housing programs within the initial two years of the planning period. The City continued its efforts in 2024 working with County Building Department plan checkers to finalize the suite of six (6) pre-reviewed plans for accessory dwelling units to aid property owners in streamlining the design and permitting process for construction of ADUs on existing developed residential properties. The City’s updated ADU Ordinance codified in Clayton Municipal Code chapter
17.47 aligns with current California ADU legislation (Housing Element Program B1: Accessory Dwelling Units). As a result of City staff’s continued efforts in 2024, five (5) ADUs were issued building permits and one (1) ADU was issued a final building permit, in line with annual ADU construction assumptions in the updated Housing Element. Additionally, City staff continued implementing Housing Element programs, such as Housing Element Program A1 to preserve the existing housing stock in good condition. Code Enforcement staff opened 46 cases based on complaints of maintenance at residential properties including overgrown vegetation, junk/debris, and improper storage of recreational vehicles/ trailers of any type. Of those cases, 40 were closed within the year; and
WHEREAS, the 2024 APR also acknowledges affordable and market-rate housing units permitted in the City during the reporting period. Aside from the five (5) ADU’s issued building permits and one (1) ADU issued a final building permit (certificate of occupancy), six (6) new market rate apartment units were issued building permits; and WHEREAS, at a public meeting held on March 4, 2025, the Clayton City Council considered the City’s General Plan implementation report and Housing Element APR for 2024, including the Agenda Report and all other public comments and discussion thereon, and determined both reports to be satisfactory and acceptable for submittal to HCD and to the State Office of Planning and Research.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Clayton, California, does hereby accept the 2024 report on General Plan implementation and the 2024 Housing Element Annual Progress Report, a copy of which is attached hereto labeled as Exhibit A and incorporated herein as if fully set forth.
PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California, at a regular public meeting thereof held on the 4th day of March 2025, by the following vote:
AYES: Councilmembers: Diaz, Enea, Tillman; Vice Mayor Wan; Mayor Trupiano NOES: None.
ABSENT: None.
ABSTAIN: None.
29 Resolution No. 7-2025 Page 3 of 3 March 4, 2025
THE CITY COUNCIL OF CLAYTON, CA
Kim Trupiano, Mayor
ATTEST:
Stephanie Cabrera-Brown, City Clerk
30 Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
v_01_23_25
Click here to add rows to a table. If you add too many
rows, you may select a cell in the row you wish to
remove and type ctrl + d.
6000 Heritage Trail
Clayton
94517
Farhad
Mortazavi
Interim Community Development Director
[email protected]
9256737300
Mailing Address
Please Start Here
General Information
2024
Clayton
Contact Information
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You
will be prompted to pick an old workbook to import
from. Project and program data will be copied exactly
how it was entered in last year's form and must be
updated. If a project is no longer has any reportable
activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
Annual Progress Report January 2020
31 Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.
with the table split across 4 tabs, each of which can fit onto a single page for easier printing.
Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.
Optional: This macro identifies dates entered that occurred outside of the reporting year.
RHNA credit is only given for building permits issued during the reporting year.
Link to the online system: https://hcd.my.site.com/hcdconnect Toggles formatting that turns cells green/yellow/red based on data validation rules.
Submittal Instructions
Please save your file as Jurisdictionname2024 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2024 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:
1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].
2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.
32 Jurisdiction Clayton
Reporting Year 2024
Housing Element Planning Period 6th Cycle
Current Year
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
11 11
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 0 0
2 to 4 units per structure 0 0 0
5+ units per structure 0 6 0
Accessory Dwelling Unit 0 5 3
Mobile/Manufactured Home 0 0 0
Total 0 11 3
Infill Housing Developments and Infill Units Permitted # of Projects Units 1 6
5 5
0 0
0 0
(Jan. 1 - Dec. 31)
01/31/2023 - 01/31/2031
Very Low
Low
Moderate
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 423 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
33 0
0 Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 423 (2023) 0 0
Ministerial and Discretionary Applications # of Units
Ministerial 0 0
Discretionary 0 0
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 29 0
Programs Implemented
Sites Rezoned to Accommodate the RHNA
Units Constructed - SB 423 Streamlining Permits
Number of SB 423 Streamlining Applications Approved
Number of SB 423 Streamlining Applications
34 Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2024
(Jan. 1 - Dec.
31) Housing Element Implementation Planning
Period 6th Cycle 01/31/2023 - 01/31/2031
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total
PROPOSED
Units by
Project
Total
APPROVED
Units by
project
Total
DISAPPROVE
D Units by
Project
Please select
state
streamlining
provision/s the
application was
submitted
pursuant to.
Did the
housing
development
application
seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica
10 Housing Development Applications Submitted
35 Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2024
(Jan. 1 - Dec.
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning
Period 6th Cycle 01/31/2023 01/31/2031
Table A2
Streamlining Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street
Address Project Name+
Local
Jurisdiction
Tracking ID
Unit
Category
(SFA,SFD,2
to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date
Approved
# of Units
issued
Entitlements
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units Issued
Building Permits
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or
other forms of
readiness
(see instructions)
Date Issued
# of Units
issued
Certificates
of
Occupancy
or other
forms of
readiness
How many of
the units
were
Extremely
Low Income?
Please select
the state
streamlining
provision the
project was
APPROVED
pursuant to.
(may select
multiple)
Infill Units?
Y/N+
Assistance
Programs for Each
Development
(may select
multiple - see
instructions)
Deed
Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined
the units were affordable
(see instructions)
Term of
Affordability or
Deed Restriction
(years) (if affordable
in perpetuity enter
1000)+
Number of
Demolished/Destr
oyed Units
Demolished
or Destroyed
Units
Demolished/
Destroyed
Units
Owner or
Renter
Total Density Bonus
Applied to the Project
(Percentage Increase in
Total Allowable Units or
Total Maximum
Allowable Residential
Gross Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications
Given to the
Project (Excluding
Parking Waivers or
Parking
Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking
Waivers or
Parking
Modifications)
Did the project
receive a reduction
or waiver of parking
standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11 11 0 0 0 0 0 0 3 3 0 0 119016006 1006 Oak
New Single Wide
Detached
Accessory Dwelling
Unit on a
Permanent
F d ti
BIMP24-000359 ADU R
0 1 2/15/2024 1 1 12/13/2024 1 NONE N 0 Demolished
119013009 1026 Oak
INTERIOR
REMODEL OF
EXISTING 2-STORY
BUILDING.
REMOVE 2ND
FLOOR OFFICE
SPACE. PROVIDE 6
NEW 2ND FLOOR
APARTMENTS
BIMR24-002963 5+ R
0 6 7/3/2024 6 0 NONE Y
These units are
contained within an
existing building. The
2nd floor office space
was converted to
residential
apartments.
118071009 42 Eastbrook
CONVERT
EXISITNG 645SF
DETACHED
GARAGE TO 999
SF ADU.
BIR23-014281 ADU R
0 1 2/21/2024 1 1 11/18/2024 1 NONE N
120014003 5857 Pine Hollow
NEW 800 SQ FT.
20'x40' DETACHED
ADU SINGLE
STORY, 2
BEDROOM AND 1
BATHROOM.
BIR24-005902 ADU R
0 1 10/3/2024 1 0 NONE N
119104005 967 Tiffin
PRE-APPROVED
PLANS FOR 550
S.F. DETACHED
ADU
BIR24-007078 ADU R
0 1 8/7/2024 1 0 NONE N
119142001 219 Mountaire
CONVERSION OF
EXISTING
HABITABLE
DETACHED
WORKSHOP
SPACE TO AN
ACCESSORY
DWELLING UNIT
BIR24-009672 ADU R
0 1 12/18/2024 1 0 NONE N
120104004 1463 El Camino
New detached 976
SF Accessory
Dwelling Unit
**12/28/23 -
EXPIRED PERMIT
RENEWAL FOR
FINAL
INSPECTION.
BIR22-004754 ADU R
0 0 1 4/5/2024 1 NONE N
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
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0 0 0
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0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 36 Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2024
(Jan. 1 - Dec.
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning
Period 6th Cycle 01/31/2023 01/31/2031
Note: "+" indicates an optional field
0 00
0 00
0 00
0 00
0 00
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37 Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2024
(Jan. 1 - Dec.
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning
Period 6th Cycle 01/31/2023 01/31/2031
Note: "+" indicates an optional field
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38 Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2024
(Jan. 1 - Dec.
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning
Period 6th Cycle 01/31/2023 01/31/2031
Note: "+" indicates an optional field
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39 Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2024
(Jan. 1 - Dec.
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning
Period 6th Cycle 01/31/2023 01/31/2031
Note: "+" indicates an optional field
0 00
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40 Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
1 Projection
Period 3 4
RHNA Allocation
by Income Level
Projection
Period -
06/30/2022-
01/30/2023
2023 2024 2025 2026 2027 2028 2029 2030 2031
Total Units to
Date (all
years)
Total Remaining
RHNA by
Income Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted 2 - - - - - - - - -
Above Moderate 219 - - 11 - - - - - - - 11 208
570
2 - 11 - - - - - - - 13 557
5 6 7
Extremely lowIncome Need 2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date
Total Units
Remaining
85 - - - - - - - - - - 85
VLI Deed Restricted
VLI Non Deed Restricted
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 82 -
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 2 Moderate
170
97 84
Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
170
97 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income housing need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data. 41 Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Date of
Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of
Rezone
Very LowIncome Low-Income ModerateIncome
Above
ModerateIncome
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning
Minimum
Density
Allowed
Maximum
Density
Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
42 Jurisdiction Clayton
Reporting Year 2024 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program A1 – Code
Enforcement
The City will take to preserve the
existing housing stock in good
condition include:
• Provide ongoing inspection services
to review code violations on a complaint
basis.
• Create an ADU amnesty program that
allows owners of illegally converted
units to units that comply with the
building code and ADU ordinance.
Code Enforcement
annually; Amnesty
program by 2026; Other
efforts ongoing.
Code Enforcement is an ongoing program of the City. During calendar year 2024, City staff opened 46 cases based on complaints of maintenance at residential properties including overgrown vegetation, junk/debris, and Improper storage of recreational vehicles/ trailers of any type. Of those cases, 40 were closed within the year.
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583 43 Program B1: Accessory
Dwelling Units
Increase the number of accessory
dwelling units (ADUs) by pursuing the
following initiatives, with the goal of
facilitating development of at least 10
ADUs annually.
1. Publicize information in the general
application packet and posting
information on the city's website.
2. Create a preapproved set of standard
construction plans for several types of
ADUs that property
owners can use to reduce planning and
building permit plan check costs. 3.
Actively advertise the
availability of the pre-reviewed plans.
4. Provide incentives for developers of
new housing to use ADUs to meet the
City’s inclusionary
housing requirements.
5. Monitor ADU production annually
through the Annual Reporting Program
(APR)
6. Institute an annual voluntary reporting
program for ADU rents to allow the City
to determine the
percentage of ADUs that meet
affordability criteria.
Publicize on website by
June 2023; Standard Plans
by end of 2023; Other
efforts annually through
budget cycle.
The City worked with a consultant to develop five pre-reviewed ADU plans ranging from studio to two-bedroom/two-bathroom units. Building permits were issued for four detached ADU's and one attached ADU. Additonally, a building permits were issued for four deatached ADU's, one attached ADU, and one single wide manufactured detached ADU on a Permanent Foundation. Three of the six ADU's were issued a final building permit in 2024.
Program B2: Town Center
Mixed Use
Amend the Town Center Specific Plan to
allow for and encourage compact,
creative types of housing, including
live/work units, senior housing,
efficiency apartments, and co-housing.
Amend the Specific Plan
by 2024.
Amendments to the Town Center Specific Plan are anticipated to be drafted in a third phase of Zoning Code amendments related to the Housing Element, scheduled for 2025. During the reporting period, under existing allowances of the Specific Plan, a building permit was issued to convert vacant second floor office space in an existing two-story building, to six rental apartments at a density of 27 units per acre.
44 Program B3: Affordable
Housing Development
Engourage affordable housing
development through the following:
• Create a database of sites to help
developers identify suitable sites for
affordable residential and
mixed-use developments.
• Develop a process that prioritizes the
processing of affordable housing
applications.
• Encourage use of the density bonus
provisions through technical assistance
and information
dissemination.
• Alert housing developers with known
interest in developing within the City
when opportunities
are available (e.g. sites, partnerships,
City-owned land, availability of funding).
• Adopt a policy to provide priority water
and sewer service to new housing
developments for
lower-income households.
Database by end of 2024;
Expedited process and
priority policy by end of
2024; Annually for alerting
developers.
Implementation of this program is underway. The sites database is planned to be incorporated as a layer into the City's new geographic information system.
During the reporting period, there were no development applications submitted to the City for affordable housing projects. City staff responds to inquiries from affordable housing developers interested in building housing in the City and will continue to meet with developers throughout the reporting period. City staff maintains a list of recent and potential developers of housing in Clayton and includes those entities in notifications about code or policy changes applicable to housing.
Program B4 – Housing on
Institutional Lands
The City will adopt a new Institutional
Density District (IDD) to facilitate
housing for qualifying projects on
properties owned by faith-based
institutions and non-profit colleges by
rezoning sites A and R in
the RHNA sites inventory to IDD. The
new district will allow up to 40 units per
acre. In addition, the City
will outreach to other local faith-based
institutions and qualifying institutions
informing them of the new
regulations.
Establishment of
Institutional Density
District and rezoning of
sites A and R by January
31, 2024 Outreach to faithbased institutions
beginning mid-2024 and
throughout planning
period.
As of January 2024, only one other religious institution owned property in Clayton; the institution had advertised its property for sale at that time, identifying its potential for residential use.
45 Program C: Adequate
Sites
Undertake efforts to ensure
that land use policies and regulations
can support the City's RHNA of 570
units distributed among very low, low,
moderate and above moderate income
levels, including the following:
• Comply with the Surplus Lands Act.
• At such time that the City declares land
surplus, the City will proactively seek
out an affordable housing developer.
• Continue to provide appropriate land
use designations and maintain an
inventory of suitable sites for residential
development.
• Establish a means to track all housing
sites in the inventory to guard against
no net loss of sites identified as suitable
for lower-income housing development
consistent with Government Code
Section
65863. Maintain a priority list of sites for
rezoning, if needed to guard against no
net loss.
• Provide technical assistance and
information on available City-owned
parcels for lower-income developments
to private or non-profit housing
providers.
• Maintain a database of available
housing sites and conduct targeted
outreach to multifamily housing
SLA compliance annually
and ongoing;
Implementation and
annual reporting
throughout the planning
period; Establish no-netloss tracking within one
year of Housing Element
adoption and continuously
track upon
adoption.
The City complies with the SLA in disposition of City-owned properties. No disposition of any City-owned sites occurred in 2024. City staff provides technical assistance to developers interested in constructing affordable and market-rate units as part of its ongoing response to customer service requests and site inquiries.
46 Program D1: General Plan
Amendments
The City will amend the
General Plan Land Use Element to
clarify the density ranges for multifamily housing. Parallel amendments will be made to the Zoning Code. These
revisions will increase
zoning capacity for multi-family housing
and thereby encourage development of
housing for people of all income levels
and desired housing choices. The
amendments will increase density
ranges for Multifamily land use
categories to up to 20 or 30 units per
acre, up to 40 units per acre for 100
percent affordable development; amend
the Institutional land use designation to
allow for residential development within
a density
range of 10.1 to 30 units per acre, and at
a minimum density of 20 units per acre
on sites where religious assembly uses
already exist; amend the allowed uses in
the Town Center designation to
accommodate ground-floor residential
under prescribed
circumstances, allow for densities of up
to 25 units per acre, and revisit lot
coverage standards to accommodate
higher densities; amend ADU provisions
to comply with current state law; and
include a new policy in the Land Use
Immediately following
adoption of the Housing
Element, the City will
prepare General Plan and
Zoning Code amendments.
Amendments will be
completed by the statutory
deadline of January 31,
2024, with a goal of having
them adopted before June
2023. ADU amendments by
March 2023.
Amendments to the land use designations and policies of the General Plan Land Use Element increased allowable density ranges across multiple land use categories, and assigned residential land use designations that would support the development densities identified in the sites Inventory of the Housing Element. The City Council adopted the amendments to the General Plan Land Use Element on January 17, 2023, concurrently with the adoption of the Housing Element for the 6th housing cycle. Amendments to the ADU ordinance to align with state law were considered by the Planning Commission and City Council at public hearings in February and March 2023
and were adopted by the City Council in April 2023. The amendments were forwarded to HCD for review in April 2023. Other Zoning Code amendments in accordance with Program D2, below were adopted on January 16, 2024 ahead of the January 31, 2024 statuory deadline for rezonings.
47 Program D2: Zoning Code
Amendments
The City will adopt various
amendments to the Zoning Code,
including amendments to revise
maximum building height in multifamily
zone; revise lot area per unit standards
to align with increased
densities of General Plan residential
land use designations; reduce side yard
setbacks and open space requirements
for multifamily residential zones; amend
zoning regulations for low barrier
navigation centers, residential care
facilities,
transitional and supportive housing and
employee housing to comply with state
law; streamline residential entitlement
processes and extend the term of
approval for development plan permits;
and reduce off-street parking
requirements for residential units. The
City will also create written procedures
for the SB 35 Streamlined Ministerial
Approval Process.
By January 31, 2024.
Following the adoption of revised ADU regulations in April 2023 (see Program D1) , the City Council held a public hearing on December 19, 2023, on a second phase of amendments to the Zoning Code related to removal of constraints to housing development and site rezonings to increase allowable densities. Those amendments were later adopted by the City Council on January 16, 2024. The second phase of Zoning Code amendments rezoned certain properties to increase densities or allow residential development on housing opportunity sites in the City's Housing Element sites inventory; relaxed certain development standards for residential projects (building
height, setbacks, distances between buildings, minimum lot area per unit for multifamily housing types); established standards for maximum lot area per unit to ensure construction of minimum residential densities in the General Plan; reduced off-street parking requirements for all residential land uses; removed City Council discretion from the Development Plan entitlement process; extended the term of approval for Development Plan permits; and amended the Density Bonus Ordinance to incorporate State law by reference to ensure ongoing compliance of local regulations with California statute, as may be amended from time to time. Future phases of Zoning Code amendments will update regulations for certain residential land uses to comply with State law.
Program D3: Monitor
Zoning Code Provisions
Ensure that Zoning Code provisions
provide clear pathways for housing
development by reviewing the code
every two to four years and revise both
process and standards as may be
needed to remove any identified
constraints. In addition, City staff will
meet with developers throughout the
housing cycle to discuss what
developers may perceive to be
regulatory or processing constraints.
Meet with developers
throughout the cycle.
Staff continues to review the Zoning Code to identify and remove constraints to housing development. Additionally, staff will meet with developers thoughout the housing cycle to discuss perceived regulatgory or processing constraints.
Program E1: Mortgage
Programs
Continue to refer interested persons to
information regarding Contra Costa
County’s Mortgage Credit Certificate
Program, Mortgage Revenue Bond
Program, Owner-Occupied Housing
Rehabilitation Program, and other
programs the County may offer over
time.
Add to City's Housing
webpage by end of 2023;
Update Resource Links
Annually.
City staff updates links to outside agency resources on an ongoing basis as resources are identified. During this reporting year, no funds were available via the County Mortgage Credit Certificate Program or the Neighborhood Preservation Proogram. The County is not currently accepting applications for Mortgage Revenue Bond Projects.
48 Program E2: Mortgage
Assistance
Seek funding to develop and implement
a sustainable downpayment assistance
program for first-time homebuyers by
working with the County or by
developing the City’s own program that
can be used with the Mortgage Credit
Certificate program, new inclusionary
units, or alone.
Examine funding sources
and program opportunities
by 2025.
Staff has researched various funding sources for a down payment assistance program for first time homebuyers and will begin collaborating with the County to develop a program. The city will work on developing its own program, should no County opportunities become available,
Program F1: Town Center
Specific Plan Amendment
The City will amend the Specific Plan to
identify housing opportunity sites at a
density of up to 30 units per acre and
that allow ground-floor residential uses
under defined circumstances. The City
will promote development opportunities
in the Town Center, circulate a
development handbook that describes
the permitting process for mixed-use
and residential projects, and offer
incentives such as
streamlined processing and additional
density bonuses to incentivize such
projects. The City will aim to facilitate
the development of at least one mixeduse or 100 percent residential project within the planning period.
Amend the Specific Plan
by 2024.
Amendments to the Specific Plan are currently underway, which are scheduled to be completed in mid to late 2025.
Program G1: Inclusionary
Housing Monitoring
During the planning period,
the City will consider revisiting the
Affordable Housing Plan to lower the
threshold for providing affordable units
to fewer than 10 units. Recognizing the
in-lieu fees often fall far short of the
funds required to construct new unit,
the City will also consider adjusting the
in-lieu fees, as well as considering
offering other options for construction
of off-site housing, such as purchase of
affordability covenants, rehabilitation of
substandard existing units,
and funding ADU production on other
properties.
Investigate expanding
requirements to rental
housing and lowering the
threshold(s) by 2026;
implement by 2028 if
deemed to be appropriate.
This program is scheduled for implementation by 2026.
49 Program H1: Funding
Assistance
The City will seek funding under the
federal Housing Opportunities for
Persons with AIDS, California Child Care
Facility Financing Program, and other
state and federal programs designated
specifically for special needs groups
such as seniors,
persons with disabilities, and persons at
risk for homelessness. The City will aim
to work with housing providers on at
least one project serving a special
needs group during the planning period.
The City will continue to work with
developers who cater to disabled and
other special needs populations to
develop a housing project in Clayton.
Seek funding annually;
Proactively seek out
developers by end of 2025.
This program will be implemented on an ongoing basis throughout the planning period and will proactiviely seek out developers by end of 2025.
Program H2: Reasonable
Accommodation
The City shall provide information on its
website and continue to distribute
public information brochures on
reasonable accommodations for
disabled persons and enforcement
programs of the California Fair
Employment and Housing Council. The
City will establish a procedure for
disabled persons or their
representatives to request a reasonable
accommodation from Zoning Code
requirements, building codes, and land
use regulations, policies, and
procedures to provide disabled persons
with an opportunity to use and enjoy
housing equal to that of non-disabled
persons.
Website and public
information by end of
2023; Update public
information annually;
Reasonable
accommodation
procedure
by end of 2024.
The City's Reasonable Accommodations Ordinance was adopted in the 5th housingcycle and is codified in Clayton Municipal Code chapter 15.90 viewable online through the City website. Links to fair housing legislation and resources available through the Department of Rehabilitation and California Civil Rights Department have been added to the City website. City staff will include additional local resources on the City website and at public buildings in the City (Library, City Hall) as such resources are created or updated.
50 Program H4: Expedited
Processing
Give priority to development projects
that include a component for special
needs groups (including the elderly,
disabled, large families, the homeless,
students, and transitional foster youth)
in addition to other lower-income
households. Priority will consist of
advancing applications for review
ahead of development applications not
addressing special needs households.
Implement priority based on community
needs to ensure adequate housing for
allresidents within special needs
groups.
As development is
proposed.
This program will be implemented on an ongoing basis throughout the planning period as development applications are submitted to the City for review.
Program H5 – Shared
Housing
Identify providers of shared housing
services (such as Eden Council for
Hope and Opportunity) that match
lower-income seniors and extremely lowincome households with homeowners willing to share their
homes. Develop an outreach program to
provide home-sharing information and
service providers to local
homeowners.
Identify providers and
initiate outreach program
by 2026, and then ongoing.
This program will be implemented on an ongoing basis. Providers of shared housing will be identified and an outreach program will be initiated by 2026.
Program H6 – Outreach to
Persons with
Developmental Disabilities
Work with the Regional Center of the
East Bay and other disability service
providers in the region to identify any
continuing unment housing needs for
local residents with developmental
disabilities. Provide information via the
City’s website and regular
communications to residents regarding
the availability of services through the
Regional Center and other sources.
Bi-annual outreach to
providers; ongoing
communications to
residents.
This program will be implemented on an ongoing basis. Staff will conduct biannual outreach to disability service providers. 51 Program I1: Affordable
Housing Preservation -
Monitor and Provide
Options
The Stranahan subdivision
includes five units that have affordability
covenants expiring during the planning
cycle, in 2025 and 2026. The City has no
financial resources available to preserve
these units’ affordability, and affordable
housing organizations would have to
compete to buy the units to maintain
their affordability covenants and would
have to subsidize housing costs if a unit
were sold or rented to moderate- or
lower-income households. To keep
these units as affordable units, the City
will notify affordable housing providers
of potential affordable units for sale
before covenants expire to allow
providers time to negotiate with
homeowners; send letters to property
owners of units at risk of expiring
covenants, encouraging owners to allow
affordable housing providers to
purchase the units; amend Chapter
17.92 (Inclusionary Housing Requirements) to
allow purchase of these units and
extending the affordability covenants as
a means of satisfying inclusionary
housing goals.
Contact potential nonprofit
purchasers in 2024; Send
letters to property owners
of
at-risk units 3 years, 1
year, and 6 months prior to
expiration; Consider
amendments to CMC
Chapter 17.92 by 2024 and
if considered appropriate,
amend by 2025.
No affordable units had covenants that were scheduled to expire during the reporting period. This program will be implemented throughout the planning cycle as units with affordable covenants approach the end of their term of affordability.
Program I2 – Assistance to
Low-Income Homeowners
The Contra Costa County Neighborhood
Preservation Program provides
assistance to low-income
homeowners via low-interest loans for
home rehabilitation projects. While
funding is limited, the program does
partner with other organizations, such
as Habitat for Humanity East Bay, to
help qualifying households get the
assistance needed to maintain units in
code-compliant and healthy condition.
The City will provide links to the
program on its website.
Ongoing.
The City's website provides links to various housing resources, including Contra Costa County's Neighborhood Preservation Program. The link can be found at www.claytonca.gov/community-development/housing/.
52 Program J1: Fair Housing -
Local Practices
Review the Zoning Ordinance, policies,
and practices to ensure compliance with
fair housing laws.
Review by end of 2023;
remedies as needed to be
completed by 2025.
During calendar year 2024, City staff did not identify conflicts between existing zoning regulations or land use policies and fair housing laws. Continued review of regulations and amendments as needed will occur throughout the planning period.
Program J2: Transparency
in Decision-making
The City will provide information on
proposed affordable housing projects to
the public through the City’s public
hearing process in the form of study
sessions, public meetings, and when
required, public hearings. Early notice
and awareness will be provided via print
and social media.
At the time applications
are received.
This program will be implemented on an ongoing basis throughout the planning period as development applications are submitted to the City for review.
Program J3: Fair Housing -
Proactive Actions
Clayton is a high resource area; thus,
any new housing built in the City
will provide residents a quality living
environment. To work toward improving
housing access for all, the City will take
the following actions: create a webpage
as part of the City’s website that
provides links to
housing resources, including how to
address fair housing complaints;
continue to refer cases and questions to
County agencies and their contractors
for enforcement of prohibitions on
discriminatory lending practices and
violations of fair housing laws; continue
to provide information to help increase
awareness of fair housing protections
by referral of people to fair housing
workshops
sponsored by the County; educate the
public and promote public awareness of
equal access to housing legislation
through flyers at public buildings and on
the City website, advise City leaders
about fair housing issues and progress,
and inform landlords of their legal
responsibilities regarding fair housing;
continue to participate in and implement
the Analysis of Impediments to Fair
Housing Choice for Contra Costa
County; implement an accessibility
Implementation annually
throughout the planning
period; Website and public
counter posting of
fairhousing resources to
occur within one year of
Housing Element
adoption. Accessibility
policy by end of 2025.
The Community Development / Housing / Housing Resources page of the City's website includes links to online resources of outside local and state agencies and nonprofit organizations that provide guidance to residents in understanding and identifying fair housing laws and protections, tenant/landlord rights and responsibilities, foreclosure assistance and social services.The City's website is updated regularly as additional resources are identified or existing resources are updated.
53 Program J4 – Housing
Choice Vouchers
Inform residents of the Housing Choice
Voucher program (Section 8) available
through the Housing
Authority of the County of Contra Costa.
The City will use notification methods to
include posting on the
City website, City Manager reports, and
as part of regularly scheduled mailings
to residents and property
owners. The notifications may be
combined with other information
regarding housing opportunities, such
as the availability of pre-reviewed ADU
plans and urban infill (SB9) regulations.
Ongoing, 2023–2031.
The City's Community Development/Housing webpage provides a link to the Housing Authority of Contra Costa County and will continue informing residents and property owners of the Housing Choice Voucher (Section 8) program.
Program J5 – Housing
Mobility
To improve housing mobility and new
housing choices in areas throughout the
City, a suite of actions will
be employed, including targeting
resources and outreach with an overall
goal of 267 housing
opportunities affordable to lowerincome households in the planning period.
If feasible, establish ADU
loan pilot program by June
2026
Affirmative marketing
strategy implemented on
an ongoing basis, as
affordable units are
developed.
Explore alternative land
use strategies by June
2025.
Pursue funding
opportunities for
accessibility
improvements every other
year.
Evaluate mobility
strategies for
effectiveness by
December 2027.
The City will begin exploring alternative land strategies by June 2025, commence work in late 2025 to early 2026 establishing an ADU loan pilot program, and begin evaluating mobility strategies in early to mid 2026.
Affirmative marketing strategies will be implemented as affordable units are developed and afforable funding opportunities for accessibility improvements will be researched in 2026.
54 Program K: Replacement
Policy For any proposed housing development
that involves the demolition or other
removal of existing residential units,
Government Code section 65915(c)(3)
requires that the City have a
replacement policy for any removed
units that are subject to a recorded
covenant, ordinance, or law that limits
occupation of those units to lower- or
very low-income households. The City
will adopt such a policy to comply with
state law.
By end of 2023. The City is in the process of drafting the policy for City Council adoption.
Program L1: Energy
Conservation
Continue to provide energy
conservation
brochures at City Hall, at the Clayton
Community Library, and on the City’s
website.
Ongoing. This program will be implemented on an ongoing basis throughout the planning period.
Program L2: Stretch
Program
Review and consider possible
amendments to the General Plan,
Zoning Code, and related policy and
regulatory documents to improve energy
conservation beyond CalGreen
standards. Consider establishing
an incentivized residential green
building program to encourage energyefficient retrofitting, and the use of renewable energy in residential
applications. Some of the incentives the
City will consider when drafting this
program will be:
• Providing eligible projects with
building and
plan check fee rebates (when financially
feasible)
• Achieving third-party green building
certification
• Renewable energy systems
• Green roofs
Consider establishing a
residential green building
program by 2025.
This program has not been implemented yet and is scheduled for implementation by 2025.
Program L3: Regional
Programs
Continue to participate in home energy
and water efficiency improvement
financing opportunities available
through PACE programs, such as
HERO, Figtree, and CaliforniaFirst.
Ongoing. This program will be implemented on an ongoing basis throughout the planning period.
55 56
57 58
59 Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2024
(Jan. 1 - Dec.
31) Housing Element Implementation Period 6th Cycle 01/31/2023 - 01/31/2031 Description of
Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of
Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
60 Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2024
(Jan. 1 Dec.
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
The description should adequately document
how each unit complies with subsection (c)
of Government Code Section 65583.1+
.
For detailed reporting requirements, see the
chcklist here:
Extremely LowIncome+
Very LowIncome+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+TOTAL UNITS+
https://www.hcd.ca.gov/communitydevelopment/docs/adequate-sites-checklist.pdf Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
61 Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates an
optional field
Reporting
Period 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning
Period 6th Cycle 01/31/2023 - 01/31/2031
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit
Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Total Moderate Income
Units Converted from
Above Moderate
Date
Converted Notes
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA
62 Jurisdiction Clayton
Reporting
Period 2024
(Jan. 1 - Dec.
31)
Period 6th Cycle 01/31/2023 - 01/31/2031 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Realistic
Capacity
Identified in
the Housing
Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
y g
element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting
year.
63 Jurisdiction Clayton Note: "+" indicates an optional field Reporting
Period 2024
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
NOTE: This table must contain an invenory of
ALL surplus/excess lands the reporting
jurisdiction owns
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Contra Costa County jurisdictions, please format the APN's as follows:999-999-999-9 64 65
66 Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT
Reporting
Period 2024
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning
Period 6th Cycle 01/31/2023 - 01/31/2031
Project Type Date
2 3
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Summary Row: Start Data Entry Below
Note:
Cells in grey
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Se Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS
ONLY. This table only needs to be completed if there
were student housing projects WITH a density bonus
approved pursuant to Government Code65915(b)(1)(F)
Annual Progress Report January 2020
67 Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2024 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Table K
Tenant Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.
Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage containing authorizing local ordinance and supporting materials.
Notes
68 Jurisdiction Clayton
Reporting Year 2024 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.
Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes
Task 1: Housing Element
Preparation $65,000.00 $65,000.00 REAP
Reimbursement request was submitted to HCD on
October 4, 2022. Reimbursement was received July
2023.
Task 2: HCD Coordination,
Revisions and Adoption of the
Housing Element
$0.00 $0.00 Local General
Fund
Initial review of draft HE by HCD occurred between
July and October 2022. City addressed HCD staff
comments, and City Council adopted the HE on
January 17, 2023. Adopted HE resubmitted to HCD
on January 31, 2023. Subsequent resubmittals of
multiple revised drafts on July 24, 2023, and October
24, 2023, and December 20, 2023. The City
submitted an additional draft revision for HCD review
in response to December 22, 2023, HCD
comment letter in March 2024. The May 2024
Housing Element version incorporated revisions in
response to comments from HCD.
Task 3: Adopted Housing
Element Initial Implementation $0.00 $0.00 Local General Fund
Public hearings on zoning map and text
amendments to implement adopted Housing
Element policies occurred in March/April 2023
(ADU Ordinance Update) and November/December
(Density Bonus Ordinance, various amendments
removing housing constraints, other misc. changes).
Clayton City Council adopted the amendments in
January 2024. Future phases of amendments will
implement additional policies. Pre‐reviewed ADU
plans are undergoing final rounds of plan check with
Contra Costa County Building Department plan
checkers.
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
11 11
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
3 3
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
In Progress
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. $ 65,000.00
Task Status
Completed
Completed
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
69 TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kris Lofthus, City Manager
DATE: March 4, 2025
SUBJECT: Unsung Hero for the Month of February (awarded in March) Agenda Item: 5.a
STAFF REPORT
BACKGROUND
Each month the City Council selects an unsung hero in our community to honor for their contributions to the community.
FISCAL IMPACTS
None.
ATTACHMENTS
Unsung Hero - Paul Jordan - February 2025.pdf
70 Unsung Hero – February 2025 – Paul Jordan @ March 4, 2025 Council meeting:
Paul Jordan and his wife Mary have lived in Clayton since 2002. They moved here for that “small town” Mayberry type feel, similar to the Midwest, where Paul grew up and where everyone waved to everyone else, said hello with an eye-to-eye greeting. If you know Paul, that’s one of the things that makes him special. He greets everyone that he sees around town.
In addition to that, he’s done just a “few things” around town including:
• Several times a week, he picks up garbage and trash throughout the downtown and along our trails, just because...he says he needs the exercise. • He is the current Treasurer of the Clayton Valley Garden Club • He helps put up and take down holiday decorations every year • He helps out at all city and CBCA events
• He's on the Board of Directors for the Clayton Historical Society • He was the former Treasurer for the CBCA in 2015 and again in 2016, while serving on the board.
And if that’s not enough, some of the things he is most proud of, because he was able to coach his son as well as some other wonderful kids, are following:
• He coached Clayton Valley Little League for 7 years and was on the CVLL Board for 3 years
• He coached CYO basketball for three years
• He coached flag football for two years
Thank you, Paul, for all you have done and still do to make our community a better place.
We thank you for your service to our community as our February Unsung Hero. 71 TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Stephanie Cabrera-Brown, City Clerk/Assistant to the City Manager DATE: March 4, 2025
SUBJECT: City Council / Committees
Agenda Item: 6.b
STAFF REPORT
RECOMMENDATION
Councilmember Diaz:
No report submitted.
Councilmember Enea:
February 16th attended the Clayton Camellia tea at the museum February 20th attended farewell to "Gabby" party at the Police Dept.
Met with TRANSPAC admins. For a review of current issues.
February 27th attended the League of California Cities East Bay division meeting in San Leandro.
Councilmember Tillman:
February 12: Clayton Pride community outreach potluck and meeting. This year‘s Clayton Pride Parade and Festival
will be held on June 1 in downtown Clayton.
February 13th attended the Mayors' conference in Moraga.
February 15th met with constituents to discuss various city matters.
February 22nd met with neighbors to discuss Firewise program and measures they can take going forward.
February 25th spoke to two residents regarding street paving and landscaping issues.
Vice Mayor Wan:
No report submitted.
Mayor Trupiano:
February 19th
Attended the East Bay Economic Development Alliance board meeting at Sutter Health Alta Bates Summit Medical Center in Oakland. We reviewed the East Bay EDA's
new Economic Impact Report for 2024 and attended a presentation by the San Francisco Bay
Conservation & Development Commission (BCDC) regarding rising sea levels and the newly
adopted Bay Area's Regional Shoreline Adaption Plan.
72 Agenda setting meeting with City Manager, City Attorney, City Clerk February 20th attended Gabriela Saucedo's farewell party at City Hall. Gabriela was our police administrative technician for nearly three years. She and her husband are relocating to
Colorado.
February 24th
Library Working Group meeting with Allison McKee (County Librarian), members of the Clayton Community Library Foundation and our City Manager and City Clerk.
There will be more to report out about this project at a City Council meeting this spring.
City Sponsored Special Events committee meeting. Councilmember Diaz and I recommended moving the Prime Time Entertainment contract to the next Council
meeting for approval, finalization of sponsorship packages for 2025, discussion about
formalizing our co-sponsorship of the Memorial Day Ceremony and approval to work with the
Parent Faculty Club from both elementary and middle schools this year for donations at
Concerts in the Grove.
Upcoming Meetings: The City Manager and I will be meeting with Regional Vice President at Diamond Terrace on March 6th.
In addition: I had my weekly meetings with our City Manager, and I fielded a number of emails about the Mountaire Parkway paving project, situation at Diamond Terrace, other paving projects and potholes and fire hydrant inspection and readiness.
BACKGROUND
The City Council provides a report of activities that took place between the city council meetings.
FISCAL IMPACTS
n/a
73 TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kris Lofthus, City Manager
DATE: March 4, 2025
SUBJECT: Authorize Execution and Recordation of Noise Abatement Agreement for Oakhurst Golf Course Maintenance Activities
Agenda Item: 8.a
STAFF REPORT
RECOMMENDATION
That the City Council authorize execution and recordation of noise abatement agreement for Oakhurst Golf Course Maintenance Activities.
BACKGROUND
Golfers at the Oakhurst Golf Course frequently tee off at sunrise and depart the course at sundown causing maintenance operation to typically occur before and after when the golfers are present on the course, causing noise complaints from neighboring properties. A noise abatement measure became necessary to mitigate the situation.
FISCAL IMPACTS
There are no immediate fiscal impacts associated with the project CEQA
None.
ATTACHMENTS
Clayton - Oakhurst - Noise Abatement Agreement 2025.pdf Oakhurst Noise Agreement REDLINE 03 04 2025.pdf
74 1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Clayton
6000 Heritage Trail
Clayton, CA 94517
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOISE ABATEMENT AGREEMENT
FOR OAKHURST GOLF COURSE MAINTENANCE ACTIVITIES
WHEREAS, Clayton Municipal Code Section 9.30.050(C) allows the City Council, where exceptional circumstances exist, to approve a noise abatement agreement between the City of Clayton (“City”) and a property owner that when executed and recorded make Chapter 9.30 of the Clayton Municipal Code inapplicable to specific activities upon the property; and
WHEREAS, , Empire Acres LLC doing business as Oakhurst Country Club (herein "Club"), the managing and operating corporation of the Oakhurst Country Club located at 1001 Peacock Creek Dr., Clayton, CA 94517 (“Property”), has requested on behalf of the owner of the Club, , Troon Golf Management that the City Council authorize execution of such a noise abatement agreement pertaining to the Club's golf course maintenance activities; and
WHEREAS, the City Manager and the Club General Manager have negotiated the terms of such a noise abatement agreement (“Agreement”); and WHEREAS, exceptional circumstances exist because golfers typically tee off at sunrise and depart the course at sundown causing maintenance operations to typically occur before and after when golfers are present on the course.
NOW, THEREFORE, IT IS HEREBY AGREED by and between the undersigned parties as follows:
1. Throughout the entire year the Club shall assign its maintenance crews to perform morning work first on holes #2, #16, #17, #18, and the green and fairway of #1 no earlier than 5:30 a.m. Hole #1 tee box no earlier than 6:30a.m. Thereafter maintenance work will be performed on holes #3, #4, #5, #6, #7, #8, #9 and #10, #11, #12, #13, #14, #15- inclusive no earlier than 7:00 a.m., and no later 8:00 p.m.
2. Maintenance vehicle traffic will be rerouted as far away as possible from 75 2
adjacent residences, e.g., on hole #4 maintenance vehicle traffic will travel along the right side of the hole furthest away from the homes in the rough area and not on the cart path prior to 7:00 a.m. and after 8:00 p.m.
3. The Club shall respond to complaints regarding noise caused by maintenance operations that are received during the weekday on the same day. The Club shall respond to calls received before 10:00 a.m. on weekends on the same day and respond by the next day if received after 10:00 a.m. on a weekend.
4. Any complaint the Club receives which is not promptly resolved may be appealed by either the complaining party or the Club to the City Manager whose decision as to the appropriate resolution of the complaint shall be final. The City and the Club find that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a breach by the Club of its obligations under this Agreement. The City and the Club agree that the liquidated damages amount specified below represent reasonable estimates of the amount of such damages considering all of the circumstances existing on the effective date of this Agreement, including the harm to the City, and the community as a whole that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their signatures below, each party specifically confirms the accuracy of the statements made herein and the fact that each party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that this Agreement was made. Liquidated damages for non-compliance with this Agreement shall constitute a $100 fine after the first complaint, $200 after the third complaint, and $500 for each complaint thereafter.
5. The Club will provide the City with a list of maintenance equipment that is to be replaced in the next eighteen months. The equipment list shall be submitted to the City no later than 30-days from execution of this Agreement. The City shall be notified if new equipment is purchased and used for maintenance. The Club will make every effort in the replacement program to acquire equipment that operates in a more quiet, efficient manner, i.e., replacement of several "transport" vehicles powered by gasoline engines with electric powered vehicles.
6. This Agreement shall remain in effect for a period of thirty-six full calendar months following the date of execution by the City and the Club. During the last four months of the term of this Agreement the Club will conduct a survey of the owners of residences adjacent to the golf course to determine the efficiency of the Club's maintenance noise abatement procedures pursuant to the provisions of this Agreement with the results of such survey to be reported to the City Manager. The City Manager will then recommend whether this Agreement be renewed for a mutually agreed upon period of time or otherwise modified.
7. The regulations herein set forth shall pertain only to the golf course maintenance activities of the Club and not to other activities conducted on the Club's property, such as swimming and tennis events.
8. The terms hereof shall be binding upon the successor and assigns of the 76 3
parties hereto.
9. It is the intention of the Club to operate all golf course activities in a manner that does not disturb the neighboring residents. As equipment is replaced, it will be replaced with electric equipment.
10. Any breach, default or violation of this Agreement may result in sanctions imposed against the Club at City's discretion in the form of either termination of this Agreement or any such remedies, penalties, or fees that are permitted under this Agreement and/or Clayton Municipal Code Section 9.30.070-9.30.080 and 9.30.100.
This Agreement will be recorded in the Contra Costa County Recorder's Office and shall run with land, a legal description of the Property is attached hereto, marked Exhibit "A", and made a part hereof.
Dated: , 2024 CITY OF CLAYTON
By:
City Manager
APPROVED AS TO FORM:
EMPIRE ACRES LLC dba
OAKHURST COUNTRY CLUB
By:
Malathy Subramanian
Clayton City Attorney By:
STATE OF CALIFORNIA )
) ss.
COUNTY OF CONTRA COSTA )
77 4
On ,2025, before me, the undersigned, a notary public, personally appeared ,personally known to me or proved to me on
the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity on behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
Notary Public
STATE OF CALIFORNIA )
) ss.
COUNTY OF CONTRA COSTA )
On ,2025, before me, the undersigned, a notary public, personally appeared ,personally known to me or proved to me on
the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity on behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
Notary Public
78 NOISE ABATEMENT AGREEMENT
FOR OAKHURST GOLD COURSE MAINTENANCE ACTIVITIES
WHEREAS, Clayton Municipal Code Section 9.30.050(C) C adopted by Ordinance No. 349 allows the City Council, where exceptional circumstances exist, to approve a nnoise abatement agreement between the City of Clayton (“City”) and a property that owner establishing various noise abatement procedures which agreement, when executed and recorded, would make Chapter 9.30 of the Clayton Municipal Code inapplicable to specific activities upon the property; and WHEREAS, American Golf CorporationEmpire Acres LLC, doing business as Oakhurst Country Club (herein “Club”), as the managing and operating corporation of the Oakhurst Country Club located at 1001 Peacock Creek Dr., Clayton, CA 94517 (“Property”), has requested on behalf of the owner of the Club, National Troon Golf OperatingManagement, that the City Council authorize execution of such a noise abatement agreement pertaining to the Club’s golf course maintenance activities; and WHEREAS, the City Manager and the Club General Manager have negotiated the terms of such a noise abatement agreement (“Agreement”)which are set forth below.; and WHEREAS, exceptional circumstances exist because golfers typically tee off at sunrise and depart the course at sundown causing maintenance operations to typically occur before and after when golfers are present on the course.
NOW, THEREFORE, IT IS HEREBY AGREED by and between the undersigned parties as follows:
1. Throughout the entire year the Club shall assign its maintenance crews to perform morning work first on holes 1, #2, 3, 6, 7, 8, 9, #16, #17, and #18, and the green and fairway of #1 no earlier than 5:30 a.m.
Hole #1 tee box no earlier than 6:30 a.m. Tthereafter maintenance work will be performed on holes #3, #4, #5, #6, #7, #8, #9 and #10, #11, #12, #13, #14, – #15 - inclusive, no earlier than 7:00 a.m., and no later 8:00 p.m.the latter being the holes closest to adjacent residences.
2. Maintenance vehicle traffic will be rerouted as far away as possible from adjacent residences, i. e. g., on hole #4 maintenance vehicle traffic will travel along the right side of the hole furthest away from the homes in the rough area and not on the cart path prior to 7:00 a.m. and after 108:00 p.m.
3. The Club shall respond to complaints regarding maintenance operations noise caused by maintenance operations that are received during the week days on the same day. The Club shall respond to ; calls received before 10:00 a.m. on weekends on the will likewise receive same day and respondse and by the next day if received after 10:00 a.m. on a weekend.
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Clayton
6000 Heritage Trail
Clayton, CA 94517
SPACE ABOVE THIS LINE FOR RECORDER'S USE
79 3. Maintenance activities will be operated on a “dual” schedule. During the fall/winter/spring months (typically the third week of October through the third week of April) maintenance on holes 4, 5 and 10 – 15 inclusive, will take place after 7:00 a.m.
4.1.The Club shall respond to complaints regarding maintenance operations noise received during week days on the same day; calls received before 10:00 a.m. on weekends will likewise receive same day response and by the next day if received after 10:00 a.m. on a weekend.
4. Any complaint the Club receives which is not promptly resolved may be appealed by either the complaining party of or the Club to the City Manager whose decision (which shall be rendered on a reasonable basis) as to the appropriate resolution of the complaint shall be final. The City and the Club find that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a breach by the Club of its obligations under this Agreement. The City and the Club agree that the liquidated damages amount specified below represent reasonable estimates of the amount of such damages considering all of the circumstances existing on the effective date of this Agreement, including the harm to the City, and the community as a whole that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their signatures below, each party specifically confirms the accuracy of the statements made herein and the fact that each party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that this Agreement was made.
Liquidated damages for non-compliance with this Agreement shall constitute a $100 fine after the first complaint, $200 after the third complaint, and $500 for each complaint thereafter.
5. The club will provide the City with a list of maintenance equipment that is to be replaced in the next eighteen months. The equipment list shall be submitted to the City no later than 30-days from execution of this Agreement. The City shall be notified if new equipment is purchased and used for maintenance. The Club will make every effort in the replacement program to acquire equipment that operates in a more quiet, efficient manner, i. e., replacement of several “transport” vehicles powered by gasoline engines with electric powered vehicles.
6. This Agreement shall remain in effect for a period of twelve thirty-six full calendar months following the date of execution by the City and the Club. During the last four months of the term of this Agreement the Club will conduct a survey of the owners of residence adjacent to the golf course to determine the efficiency of the Club’s maintenance noise abatement procedures pursuant to the provisions of this Agreement with the results of such survey to be reported to the City Manager. The City Manager will then recommend whether this Agreement be renewed for a mutually agreed upon period of time or otherwise modified.
7. The regulations herein set forth shall pertain only to the golf course maintenance activities of the Club and not to other activities conducted on the Club’s property, such as swimming and tennis events.
8. The terms hereof shall be binding upon the successor and assigns of the parties hereto.
9. It is the intention of the Club to operate all golf course activities in a manner that does not disturb the neighboring residents. In this regard the following electric equipment (or the equivalent) will be purchased and in operation by April 1, 2000: three Cushman Hawn transports, one Smithco SandStar, one Ransomes Eplex greens mower. When necessary, each of these As equipment will be is replaced, it will be replaced with similar electric equipment.
10. Any breach, default or violation of this Agreement may result in sanctions imposed against the Club at the City’s discretion in the form of either termination of this Agreement or any such remedies, penalties, or fees sanctions that are permitted under this Agreement and/or Clayton Municipal Code Section 9.30.070-
9.30.080 and 9.30.100.
This Agreement will be recorded in the Contra Costa County Recorder’s Office and shall to run with land, ownership of the Oakhurst County Club golf course, a legal description of the Property said golf course being is attached hereto, marked Exhibit “A”, and made a part hereof. 80 Dated: , 2025 CITY OF CLAYTON
By: _________________________
City Manager
APPROVED AS TO FORM:
EMPIRE ACRES LLC dba
OAKHURST COUNTRY CLUB
By: _________________________
Malathy Subramanian
Clayton City Attorney By: _________________________
STATE OF CALIFORNIA )
) ss.
COUNTY OF CONTRA COSTA )
On ,2025, before me, the undersigned, a notary public, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity on behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
Notary Public
81