Jeff Wan, Vice Mayor Jim Diaz, Councilmember
Holly Tillman, Councilmember Richard G Enea, Councilmember
1. CALL TO ORDER and ROLL CALL
2. PLEDGE OF ALLEGIENCE
3. PUBLIC COMMENT ON NON-AGENDA ITEMS
4. CONSENT CALENDAR
(a) Approval of the March 18, 2025, Meeting Minutes
CLAYTON CITY COUNCIL
REGULAR MEETING AGENDA
TUESDAY, APRIL 1, 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.
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Agenda April 1, 2025
1 (b) Authorize the City Manager to Execute Amendment No. 1 to the Agreement with Prime Time Entertainment, Inc for Promotor and On-site Coordinator Services for the 2025 Concerts in the Grove Series, increasing the agreement not to exceed amount to $36,000, with no change to the agreement term or scope.
5. RECOGNITIONS AND PRESENTATIONS
(a) Unsung Heros for the Month of March (awarded in April) Joyce Atkinson
Diana Bauer
Jeanne Boyd (posthumously)
(b) Informational Proclamations
a. National Library Week - April 6 - 12
b. Autism Awareness Month
6. REPORTS
(a) City Manager/Staff
Link to ClearGov Transparency Portal: https://cleargov.com/california/contracosta/city/clayton/checkbook (b) City Council/Committees
(c) Committees
a. Financial Sustainability Committee
7. PUBLIC HEARINGS
8. ACTION ITEMS
(a) Receive Report from HdL on Business License Revenue for Contract Term (b) Military Equipment Use Annual Report and Renewal of Ordinance No. 495, which adopted the Military Equipment Use Policy
(c) Approve Proposed Street Selection for 2026 Clayton Neighborhood Street Rehabilitation Project and Finding the Project is Categorically Exempt under Section 15301 Class 1(c) “minor alterations of existing facilities (highways & streets)” of the CEQA guidelines, and Filing with County Clerk Recorder
9. CLOSED SESSION
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(There are no Public Hearings scheduled for this meeting) (View)
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Agenda April 1, 2025
2 10. ADJOURNMENT
a. Public Employee Evaluation (Gov. Code 54957)
Title: City Manager
b. Conference with Labor Negotiators (Gov. Code 54957.6) Agency designated representatives: Kris Lofthus, City Manager and Regina Rubier, Assistant
City Manager
Unrepresented employees: Miscellaneous Employees
c. 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
Negotiating Parties: Grant Alvernaz, Three Putt Development, LLC Under Negotiations: Price and Terms of Payment
The next regularly scheduled meeting of the City Council will be April 15, 2025. For meeting information and materials, please visit the City's website at www.claytonca.gov.
Agenda April 1, 2025
3 Meeting Information and Access
A complete packet of information containing staff reports and exhibits related to each public item is available for public review in City Hall located at 6000 Heritage Trail and on the City’s website at www.claytonca.gov
Agendas are posted at: 1) City Hall, 6000 Heritage Trail; 2) Library, 6125 Clayton Road; 3) Ohm’s Bulletin Board, 1028 Diablo Street, Clayton; and 4) City Website at www.claytonca.gov Any writings or documents provided to a majority of the City Council after distribution of the agenda packet and regarding any public item on this agenda will be made available for public inspection in the City Clerk’s office located at 6000 Heritage Trail during normal business hours and is available for review on the City’s website at www.claytonca.gov If you have a physical impairment requiring special accommodation to participate, please call the City Clerk’s office at least 72 hours (about 3 days) before the meeting at (925) 673-7300.
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 committee and made part of the official meeting file.
Each person attending the meeting in-person, via videoconference, or call-in and who wishes to speak on an agendized or non-agendized matter (within the council’s jurisdiction), shall have a set amount of time to speak as determined by the Mayor.
Agenda April 1, 2025
4 TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Stephanie Cabrera-Brown, City Clerk/Assistant to the City Manager DATE: April 1, 2025
SUBJECT: Approval of the March 18, 2025, Meeting Minutes Agenda Item: 4.a
STAFF REPORT
BACKGROUND
The City Council reviews and approves the minutes from the previous meeting.
FISCAL IMPACTS
None.
ATTACHMENTS
Minutes 031825 - Draft.pdf
5 _____________________________________________________________________________________________ City Council Minutes March 18, 2025 Page 1
MINUTES
OF THE
REGULAR MEETING
CLAYTON CITY COUNCIL
TUESDAY, MARCH 18, 2025
1. CALL TO ORDER AND ROLL CALL – The meeting was called to order at 7:00 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, and Tillman; Vice Mayor Wan, and Mayor Trupiano. Staff present: City Manager, Kris Lofthus; Assistant City Manager, Regina Rubier; City Engineer, Larry Theis; City Attorney, Malathy Subramanian; City Clerk, Stephanie Cabrera-Brown.
2. PLEDGE OF ALLEGIANCE – Led by Mayor Trupiano
Mayor Trupiano called Item 5 RECOGNITIONS AND PRESENTATIONS before Item 3 PUBLIC COMMENT ON NON-AGENDA ITEMS.
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.
Pa‘Tanisha Davis-Pierson (District Director For Assemblymember Anamaria Ávila Farías– Shared the district office location and contact information, and provided information on the services the office provides.
Dane Horton – Spoke regarding comments made by a councilmember at a previous meeting and on social media that insinuated he and his wife were discriminatory, and requested the councilmember cease and desist from making those comments.
6 _____________________________________________________________________________________________ City Council Minutes March 18, 2025 Page 2
Kahni Horton – Spoke regarding the defamatory statements made regarding her and her husband, requested that the council request the councilmember in question retract their comments, and shared that the comments expose the city to liability.
4. CONSENT CALENDAR
It was moved by Councilmember Diaz and seconded by Vice Mayor Wan, to approve Consent Calendar Items 4(a) - 4(b). (Passed 5/0) (a) Approval of the March 4, 2025, Meeting Minutes.
(b) Resolution Directing the Preparation of an Engineer’s Report for the Diablo Estates Benefit Assessment District. Resolution 8-2025 Following discussion by the City Council, Mayor Trupiano opened the Consent Calendar to public comment: There were no members of the public wishing to speak to the Consent Calendar.
5. RECOGNITIONS AND PRESENTATIONS
(a) Certificates of Recognition to Public School Students for Exemplifying the "Do the Right Thing" Character Trait of "SelfDiscipline" During the Months of January and February 2025 Councilmember Tillman presented the awards with Diablo View Middle School, Principal Vicki Wilson, Mt. Diablo Elementary School, Vice Principal Miranda Romo, and the student’s nominating teachers.
6. 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 recruitment activities, attended a PMA meeting where Animal Services presented on the planned fee schedule updates and two presentations from the Contra Costa Leadership Academy cohort group assignment presentations. (b) City Council / Committees
Reports provided as an attachment to the agenda.
Mayor Trupiano reminded the council of the purpose of the city council reports and opened the Reports to public comment: There were no members of the public wishing to speak to the Reports.
7 _____________________________________________________________________________________________ City Council Minutes March 18, 2025 Page 3
7. PUBLIC HEARINGS
(There were no Public Hearings scheduled for this meeting.)
8. ACTION ITEM(S)
(a) Receive Report on Mid-Year Budget.
Regina Rubier, Assistant City Manager, provided an overview of the MidYear Budget. Following discussion by the City Council, Mayor Trupiano opened the item to public comment:
James Killoran - Spoke regarding the city’s insurance premiums, thanked the Assistant City Manager, and requested a public budget workshop.
Report heard and filed. No action was taken.
(b) Biennial Pavement Assessment Report and 2026 Paving Project Street Selection
Larry Theis, City Engineer, provided an overview of the Biennial Pavement Assessment Report and 2026 Paving Project Street Selection. Following discussion by the City Council, Mayor Trupiano opened the item to public comment:
James Killoran – Thanked staff for the report and spoke regarding previous reports that had been presented. Mr. Killoran also spoke regarding the costs, funding, and current street conditions/scores.
Councilmember Enea motioned to select Eagle Peak Avenue and El Portal Drive and request the City Engineer return with recommendations for remaining street maintenance – Motion failed for lack of a second.
Vice Mayor Wan motioned to manually select El Portal and allow Street Saver to select the remaining streets – Motion Failed for lack of a second.
It was moved by Councilmember Enea and seconded by Councilmember Tillman, to select Option 1B – Eagle Peak Avenue, El Portal Drive, and allowing Street Saver to select the remaining streets. (Passed: 5/0) Mayor Trupiano recessed the meeting at 9:01 p.m. and reconvened the meeting at 9:10 p.m. 8 _____________________________________________________________________________________________ City Council Minutes March 18, 2025 Page 4
(c) Pilot Sidewalk Repair Program for Assisting Fronting Property Owners.
Larry Theis, City Engineer, provided an overview of the Pilot Sidewalk Repair Program for Assisting Fronting Property Owners. Following discussion by the City Council, Mayor Trupiano opened the item to public comment:
.
No action was taken. The City Council provided staff direction to return to the full council with additional information on the Concord Sidewalk Repair program.
9. ADJOURNMENT – on a call by Mayor Trupiano, The City Council adjourned its meeting in honor of Sonja Wilkin at 10:13 p.m.
Please note the Minutes of this meeting set forth all actions taken by the City Council on the matters stated, but not necessarily in the chronological sequence in which the matters were taken up.
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9 TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kris Lofthus, City Manager
DATE: April 1, 2025
SUBJECT: Authorize the City Manager to Execute Amendment No. 1 to the Agreement with Prime Time Entertainment, Inc for Promotor and On-site Coordinator Services for the 2025 Concerts in the Grove Series, increasing the agreement not to exceed amount to $36,000, with no change to the agreement term or scope.
Agenda Item: 4.b
STAFF REPORT
RECOMMENDATION
It is Recommended by Staff that the City Council Authorize the City Manager to Execute Amendment No. 1 to the agreement with Prime Time Entertainment, Inc (PTE) for Promotor, Entertainment Insurance, and On-site Coordinator Services for the 2025 Concerts in the Grove Series, increasing the agreement by $4,961, for a new not to exceed amount of $36,000, with no change to the term or scope.
BACKGROUND
At its March 4, 2025, meeting, the City Council approved the Professional Services Agreement with Prime Time Entertainment, Inc. Due to an unexpected change in the availability of one of the bands selected, the City Sponsored Special Events selected a replacement band resulting in a cost increase of $1,500. The new not to exceed amount includes the $1,500 additional cost for band replacement and $3,461 to allow other minor changes to be made without having to return the item to the council, which may cause booking delays should any other bands need to be replaced.
DISCUSSION
The agreement is currently outside of the City Manager's signing authority of $30,000. Staff is seeking the council's authorization to prepare an amendment to the agreement to include the increased cost and provide a buffer for incidentals. The request of the additional funding is to allow the City Manager to make necessary changes to ensure the concert series is properly scheduled and staffed, without having to return to the full council. The City Sponsored Special Events Committee would recommend or approve any necessary changes.
FISCAL IMPACTS
Fiscal impact is currently unknown. Costs for the Concerts in the Grove are offset by sponsorships, and staff anticipates that the full amount of $1,500 will be covered by the sponsorship funds.
10 CEQA
None.
ATTACHMENTS
C-2025-1_Prime_Time_Entertainment__Inc._Amendment_No._1.pdf 11 CITY OF CLAYTON
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
Prime Time Entertainment, Inc. ("Consultant") and the City of Clayton ("City"), a municipal corporation, previously entered into an agreement with an effective date of March 4, 2025, for an amount not to exceed $36,000, relating to a professional services agreement for Promoter and on-site coordination services. Section 24 of that agreement provides that "This Agreement may not be modified or altered except in writing signed by both Parties hereto."
City and Consultant mutually agree to amend the agreement as follows:
1. Update Exhibit B Schedule of Changes/Payments as follows:
Replace entertainment scheduled for June 14th due to the contracted band no longer being available to perform, recommend to the City Sponsored Special Events Committee a replacement, and increase the entertainment funding by $1,500 to book the replacement. The total agreement is not to exceed $36,000.
In all other respects, the agreement shall remain unchanged and in full force and effect.
City of Clayton Prime Time Entertainment, Inc.
City Manager
Printed Name
Printed Title
Attest:
Stephanie Cabrera-Brown, City Clerk
12 TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kris Lofthus, City Manager
DATE: April 1, 2025
SUBJECT: Unsung Heros for the Month of March (awarded in April) Joyce Atkinson
Diana Bauer
Jeanne Boyd (posthumously)
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
March Unsung Sheroes - Joyce, Diana and Jeanne - March 2025.pdf 13 March Unsung “Sheroes:” Joyce Atkinson, Diana Bauer and Jeanne Boyd (posthumously) for the dedication and vision in making the dream of having a library in Clayton a reality.
Joyce Atkinson:
Joyce and her husband Dave moved into Clayton in 1976. She worked as a Public Health Nurse before becoming a Mom and soon became active in the Parent Clubs at her kids’ school - Mt. Diablo Elementary. She led Brownie and Girl Scout troops, joined Clayton Valley Women’s Club, became President of the Parent Clubs at Pine Hollow and Clayton Valley Charter High School and the Clayton Branch of AAUW. That was where she met Jeanne Boyd and together they began their plans for a library in Clayton.
The Bookmobile, which served Clayton, had broken down and was not going to be replaced. She and her kids loved libraries and felt that Clayton needed a library of its own.
In addition to her commitment to the Clayton Community Library Foundation (she still serves on the board to this day), she is also past co-president of Clayton Valley Village and loves being able to give back to the community in a BIG way and we thank her for all that’s she done for our community.
Jeanne Boyd:
Although we lost Jeanne Boyd last July, we are honoring her here tonight, posthumously, as the co-founder of the Clayton Community Library. She and her husband moved from San Francisco to the Dana Hills community in 1971.
In 1989, Jeanne and other members of the Clayton branch of the American Association of University Women (AAUW) began working to get a library built for Clayton. Together with Joyce Atkinson, Jeanne wrote numerous grant applications and petitions to state and local agencies to line up the necessary funding and approvals. They also set up the Clayton Community Library Foundation, which organized many used book sales to raise additional funds.
For years, the self-styled “library ladies” persevered, overcoming countless logistical hurdles until the Clayton Community Library finally opened its doors in March 1995. Jeanne and Joyce continued to serve on the library foundation board for the next 30 years.
She was very active in our community, including AAUW, CBCA (Clayton Business & Community Association), bocce league, bridge, book club, gardening and so much more. 14 Diana Bauer:
Diana joined the first steering committee meeting of the Clayton Community Library on June 1, 1989 and nobody at that meeting wanted to be Recording Secretary, so Betty Weibert recruited her and she soon thereafter became a member of AAUW and later the Clayton Community Library Foundation.
Like Joyce, Diana is a retired nurse who was educated in Illinois and the newlywed Bauers moved to the bay area leaving Chicago under a yard of snow in January 1967. She and her husband lived in Dana Farms for 8 years before moving to their Clayton home in 1977. Diana has many interests and in addition to reading (naturally), she is a member of the Clayton Valley Garden Club, Clayton Valley Village and she enjoys choral singing and is in three groups at the present time.
Thank you Joyce, Jeanne and Diana for having the vision, fortitude and perseverance to bring a library to our community 30 years ago!
15 TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Stephanie Cabrera-Brown, City Clerk/Assistant to the City Manager DATE: April 1, 2025
SUBJECT: Informational Proclamations
a. National Library Week - April 6 - 12
b. Autism Awareness Month
Agenda Item: 5.b
STAFF REPORT
BACKGROUND
Recuring Proclamations that have been previously read into the record.
FISCAL IMPACTS
n/a
ATTACHMENTS
National Library Week April 6-12
Autism Spectrum Awareness Month
16 National Library Week
2025 Proclamation
WHEREAS, libraries offer the opportunity for everyone to connect with others, learn new skills, and pursue their passions, no matter where they are on life’s journey; WHEREAS, libraries have long served as trusted institutions, striving to ensure equitable access to information and services for all members of the community regardless of race, ethnicity, creed, ability, sexual orientation, gender identity, or socioeconomic status; WHEREAS, libraries adapt to the ever-changing needs of their communities, developing and expanding collections, programs, and services that are as diverse as the populations they serve;
WHEREAS, libraries are accessible and inclusive places that promote a sense of local connection, advancing understanding, civic engagement, and shared community goals; WHEREAS, libraries play a pivotal role in economic development by providing resources and support for job seekers, entrepreneurs, and small businesses, thus contributing to local prosperity and growth;
WHEREAS, libraries make choices that are good for the environment and make sense economically, creating thriving communities for a better tomorrow; WHEREAS, libraries are treasured institutions that preserve our collective heritage and knowledge, safeguarding both physical and digital resources for present and future generations;
WHEREAS, libraries are an essential public good and fundamental institutions in democratic societies, working to improve society, protect the right to education and literacy, and promote the free exchange of information and ideas for all; WHEREAS, libraries, librarians, and library workers are joining library supporters and advocates across the nation to celebrate National Library Week; NOW, THEREFORE, be it resolved that the City of Clayton proclaims National Library Week, April 6-12, 2025. During this week, all residents are encouraged to visit their library and celebrate the adventures and opportunities they unlock for us every day. 17 Autism AwarenessMonth
2025
Whereas, the City of Clayton recognizes the importance of raising awareness about Autism Spectrum Disorder (ASD); and
Whereas, Autism is a complex neurodevelopmental disorder that affects communication, social interaction, and behavior; and
Whereas, early detection and diagnosis of Autism are crucial for providing timely interventions and support to individuals with Autism; and Whereas, research shows that early intervention can significantly improve outcomes for individuals with Autism, enhancing their quality of life and promoting their development; and
Whereas, the City of Clayton is committed to promoting Autism acceptance and understanding within our community; and
Whereas, it is important to educate our residents about Autism and foster a culture of inclusivity and support for individuals on the Autism spectrum; and Whereas, the City of Clayton will fly the Autism Awareness Flag, made possible by the generous donation of Allison Snow, from April 2, 2025, through April 30, 2025, as a symbol of our commitment to raising awareness and supporting individuals with Autism in our city;
Therefore, be it proclaimed by the City Council of Clayton that the month of April is officially recognized as:
“Autism Awareness Month”
in the City of Clayton. Let us come together as a community to raise awareness, promote acceptance, and support individuals with Autism in our city. 18 TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kris Lofthus, City Manager
DATE: April 1, 2025
SUBJECT: City Council/Committees
Agenda Item: 6.b
STAFF REPORT
RECOMMENDATION
Councilmember Diaz
March 20th: attended County Connection Board Meeting and Finance & Planning Workshop
Board meeting included recognition of employees who worked and assisted in the BART system transportation issue.
Board committee reports included updates on the FY2026 Marketing Plan, and the County Connection solar project.
Board workshop to review and discuss future finance and planning matters.
March 22nd: accessed and inspected the Clayton C.E.R.T equipment locker located at the Contra Costa County Fire Protection District Station No. 11, and C.E.R.T. trailer stored in the city corp. yard with Sgt. Richard Enea.
March 31st: Art & Wine Festival Committee Meeting.
Councilmember Enea
Met with City Manager.
Met with residents regarding the GHAD.
Attended an Art & Wine Festival Committee Meeting.
Councilmember Tillman
March 14th: Cal Cities Advancing Equity Advisory Committee meeting. Reviewed the Committee scope, roles, and responsibilities given that this AEAC was reinstated by the Cal
Cities Executive Committee to specifically review and address the systemic concerns outlined
by the Cal Cities caucuses.
March 19th League of California Cities East Bay Division Board meeting to plan our next Division meeting on April 17th at DVC. The topic for the evening will be fire insurance and
wildfire preparedness.
March 20th: meeting with Senator Tim Grayson and our East Bay Division leadership to discuss
Cal Cities strategic priorities and elevate concerns we have in our local cities, and learn 19 the
Senator’s priorities. Key highlights include the following:
Protecting local revenues
Safety, HCD, RHNA, and the Housing Element
Using wildfire maps before RHNA numbers are created which could allow flexibility on
where, how and when zoning is placed. Emphasis would be near transportation.
Looking into infrastructure partnerships with cities and developers. Wildfire risk roundtable focused on emergency preparedness, evacuation, finding gaps,
sharing plans to help keep East Bay cities safe.
March 22nd: attended the mobile pet adoption event in downtown Clayton hosted by resident
and Girl Scout Katie Scullin in partnership with the Contra Costa Animal Services. Katie planned this project to attain her GSA Silver Award.
Numerous meetings with constituents and regional contacts regarding wildfire risk, landscaping and trails, GHAD, and Clayton Pride.
Upcoming events
April 2nd: Autism Awareness flag raising ceremony at the flagpole downtown at 10 am.
April 19th: Clayton Cleans Up is happening... and is being presented by the CBCA in partnership with Republic Services, and The Pioneer. Not only does this wonderful community event beautify our town and enhance community spirit, but it also counts towards
our stormwater program goals of keeping garbage out of our creeks. Bags and gloves will be
supplied, but I highly recommend that allergy sufferers bring a mask as well. We look forward to seeing you there! Coffee and donuts will be available bright and early at 8 am, with
clean up beginning by 9 am.
Vice Mayor Wan
Spoke with residents and addressed questions regarding activity in the city.
Mayor Trupiano
March 19th:
Meeting with City Manager and President of CBCA
Agenda Setting meeting with CM, ACM, CA and CC
March 25th: Library Walkthrough for Refresh
March 26th: Meeting with City Manager
March 27th: East Bay Economic Development Alliance, Innovation Awards April 1st: Agenda setting meeting with CM, ACM, CA and CC Other Duties:
Working on Sponsorships and Marketing for City Sponsored Events Assisting with RSVP's for Mayor's Conference on 4/3
Preparation of Auction Packages for Mt. Diablo Elementary School Fundraiser 20 BACKGROUND
Report on Councilmember activities since the last City Council meeting.
FISCAL IMPACTS
n/a
21 TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Regina Rubier, Assistant City Manager
DATE: April 1, 2025
SUBJECT: Committees
a. Financial Sustainability Committee
Agenda Item: 6.c
STAFF REPORT
RECOMMENDATION
City staff recommends that the Financial Sustainability Committee formally submit an annual report to the City Council. (The Financial Sustainability Committee agrees with this recommendation.)
This report provided by the Financial Sustainability Committee Chair, Howard Kaplan, provides an overview of the Committee’s activities for the past year. Additionally, it shall outline the Committee’s intentions in the following fiscal year as they pertain to operational and community needs.
This report allows the City Council to assess the Committee’s outlook, ask questions, and provide guidance on fiscal sustainability consistent with policy objectives.
BACKGROUND
In October of 2022, the City Council approved Resolution 76-2022, creating a Financial Sustainability Advisory Committee. The Committee would be comprised of Clayton residents with a background in finance, accounting, auditing or related fields. The City Council would appoint all members. The Committee would number between three and five voting members with at least three required for a quorum.
In Spring 2023, Howard Kaplan and Hank Stratford were appointed to the Financial Sustainability Advisory Committee. However, due to the required three-person quorum, the Committee could not begin work. In Spring 2024, Frank Gavidia joined the Committee and a quorum was reached. The Committee held their first meeting on May 13, 2024 and has met three times since. Committee progress has been delayed due to staffing turnover and 22 consequently shifting priorities.
DISCUSSION
The Committee outlined the following discussion topics:
1. City of Clayton 2024-2025 budget
2. Definition of “sustainability”
2022 Roads Pavement Conditions Report and corresponding 5-Year Capital Improvement Plan
1. City-wide deferred maintenance, including an update on the City Hall and library refresh projects
Thus far, the Committee has discussed
1. A definition of financial sustainability as:
“The ability of an organization, government, or individual to maintain or generate sufficient financial resources over the long term to meet current and future obligations without compromising their financial stability. This involves balancing income, expenses, and investments in a way that ensures ongoing operations, growth, and resilience against financial challenges. In a broader sense, financial sustainability implies that an entity can support its activities or services indefinitely, without relying on excessive borrowing, depleting assets, or requiring external financial aid in an unsustainable manner.”
1. The definition of an “austere” budget versus a “resilient” budget The purpose of the Financial Sustainability Committee
COMMITTEE PURPOSE
The Committee sees its purpose as to:
1. Opine on the sustainability of city finances to elevate public trust through greater understanding
2. Review the budget based on current policy and confirm that it is complete, (e.g. includes items such as capital asset amortization, liability exposures, etc.) Review sensitivity of revenue sources, such as FEMA and other grants, real estate and sales tax
1. Consider risks such as landslides, stormwater drainage systems, potential legal expenses, etc.
2. Project a multi-year steady state budget.
COMMITTEE PLAN
The Committee plan going forward is to:
23 1. Review a list of all significant city contracts and budget assumptions
2. Monitor the current budget process
3. Provide recommendations to City Council including, but not limited to, allocating reserves to various sinking fund purposes
4. Evaluate the completeness of the budget for long-term sustainability of roads, equipment, buildings, pension liabilities, etc.
CLARIFICATION REQUESTED
The Committee seeks clarification its purpose from the City Council.
FISCAL IMPACTS
There is no fiscal impact with this action.
CEQA
None.
24 TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Regina Rubier, Assistant City Manager
DATE: April 1, 2025
SUBJECT: Receive Report from HdL on Business License Revenue for Contract Term Agenda Item: 8.a
STAFF REPORT
RECOMMENDATION
Please see attachment(s).
ATTACHMENTS
Clayton Staff Report HdL Busines License Presentation 04 01 2025.pdf Clayton City Council HdL Update - Presentation
25 City Council Page 1 of 2 April 1, 2025
STAFF REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Regina Rubier, Assistant City Manager
DATE: April 1, 2025
SUBJECT: Receive Report from HdL on Business License Revenue for Contract Term
RECOMMENDATION
City staff recommends and the Budget and Audit Committee concurs that the City Council receive a report on the Business License Revenue for the Contract Term ending October 5, 2024. This report will provide an overview of revenues and expenditures as it pertains to this contract, and key financial information for the remainder of this fiscal year. The presentation from the City’s business license partner, HdL will allow the City Council to assess the financial outlook, ask questions, and provide guidance as necessary to ensure fiscal responsibility and alignment with policy objectives.
BACKGROUND
On September 19, 2023, the City Council approved an agreement with HdL Companies to provide Business License Administrative Services. At the time of approval, the Council emphasized that this partnership was intended to enhance operational efficiency and ensure the sustainable management of business license processing.
Since the implementation of the agreement, HdL Companies has been responsible for overseeing the City's business license program, streamlining processes, and improving service delivery. Now, after a full year of operation, HdL has completed its first annual review of the program’s performance. This presentation marks the first opportunity for HdL to share its findings, providing an overview of key achievements, challenges encountered, and recommendations for continued improvement.
DISCUSSION
While revenues for the Fiscal Year 2024-25 are currently on target with budget projections, staff acknowledge that revenues in prior years did not meet expectations. Various factors may have contributed to this discrepancy, but a key issue has been the lack of consistent City staffing thus not allowing HdL to move through their “Discovery” process. This inconsistency 26 City Council Page 2 of 2 April 1, 2025
has not only impacted revenue management but has also hindered HdL from fully executing the scope of work outlined in their contract. Since the Budget and Audit Committee meeting, HdL and Staff held a meeting to start the implementation of the “Discovery Phase”.
Given these challenges, staff recommends that the City Council formally receive this report and provide direction for staff to continue collaborating with HdL. The goal is to ensure that HdL can fulfill the complete scope of their contract and assist in optimizing revenue management moving forward.
Year Budget Actual
2022-23 $154,500 $208,080
2023-24 158,147 84,009
2024-25 (YTD) 164,473 135,587
Staff recommend that upon completion of the "Discovery Phase," HdL prepares and presents a comprehensive final report to the Budget and Audit Committee. This report should detail the findings, insights, and any recommendations resulting from the phase. Additionally, to ensure ongoing transparency and accountability, staff suggest that HdL provide annual reports to the City Council. These reports would offer updates on progress, highlight any new developments, and outline any necessary actions or adjustments based on evolving circumstances.
FISCAL IMPACT
There is no fiscal impact associated with accepting this report.
CEQA IMPACT
There is no CEQA impact for accepting this report.
ATTACHMENTS
1. HdL Presentation
27 CITY OF CLAYTON | BUSINESS ADMINISTRATION & COMPLIANCE28 Scope of Services
• Operations Management Services – STARTED: Sep. 19th 2023 • Establish and maintain database of Client businesses. • Receive and process applications, renewals and payments in a timely fashion
• Send renewal notices to active businesses within 30 days of the renewal period end date or at another interval specified by the client. • Provide businesses multiple options for submitting applications, renewals, payments or support requests.
• Remit Revenue to Client no less than monthly
• Provide client staff access to website portal offering business registry inquiry, reporting, and approval capabilities
• Collection Services - STARTED: Feb. 15th 2024
• Identify businesses subject to client licensure or taxation which have known debt to client and have failed to pay within an appropriate time frame. -
• Notify businesses of their options to comply or dispute their noncompliant status • Provide businesses with detailed invoicing and options to pay via website, mail and phone
• Remit revenue to client no less than monthly
• Discovery Services – STARTED: Mar. 24th 2025
• Develop a list of businesses subject to Client licensure or taxation
• Notify non-compliant businesses of their options to
comply or dispute their non-compliant status.
Notification and support to businesses will be facilitated through website, mail, email, phone and fax.
• Review information and forms submitted by the business for completion and accuracy. All files are stored
electronically and made available to Client upon request • Provide businesses with detailed invoicing and options to pay via website, mail, and phone.
• Remit revenue to client no less than monthly, along with all business applications and any additional information 29 BUSINESS TAX OPERATIONS
45 Days 37 Days 30 Days 15 Days -15 Days -25 Days
Expire Date Penalty Date
Online Renewal
Notice #1
• Emailed to
accounts w/
emails
• Mailed to
accounts w/o
emails
• Adjusted for
BID fees
Online Renewal
Notice #2
• Emailed to
accounts w/
emails
• (Yet-to-renew
accounts)
Mailed Renewal
Notice
• Mailed to
accounts
• (Yet-to-renew
accounts)
Online Renewal
Notice #3
• Emailed to
accounts w/
emails
• (Yet-to-renew
accounts)
Online Renewal
Notice #4
• Emailed to
accounts with
emails
• 15 days after
Expire Date
• (Yet-to-renew
accounts)
Delinquency
Notice #1
• Mailed 10
days after
Penalties start
accruing
• (Yet-to-renew
accounts)
30 BUSINESS TAX OPERATIONS
COMPLIANCE Identify Verify Collect Monitor
COLLECTIONS Prepare Research Email Escalate
DISCOVERY Prepare Identify Mail Register
31 How Many Licenses Collected
• Active Accounts: 524
• 353 Renewals issued on 7/17/2024
• 110 New Applications issued since 1/04/2024
Business License Administration:
• Collections
• Number of Collections Payments: 99
• Recovered Revenue: $61,179.66
• Target collections goal was $18,700 a year. In 2024 the team collected $52,444.85. • Discovery
• The Discovery program in Clayton has not begun. Due to staff turnover, approval to initiate the work was not provided during the intended timeline. As a result, we were unable to proceed with the analysis. We remain committed to supporting the City in any way we can and are happy to discuss the next steps to ensure the success of this program.
Compliance:
32 Revenue
• Total Revenue remitted to the City from
the Fiscal Renewal Period:
o $101,444.13.
• Total Revenue Remitted to the City
since the contract has been signed:
o $171,164.97.
33 End User Online Process
Website
• Clayton.hdlgov.com
Main Options
• Submit a Business
License Application
• Renew a Business
License
• Pay a Balance Due
• Close a Business License
• Search for Licensed
Business
34 End User Customer
Service Process
Taxpayers can call our business support
center Monday-Friday 8am-5pm PST to
speak to one of our representatives.
Taxpayers can file, renew, make payments
and ask general questions to our support
staff over the phone or by email
Taxpayers can also renew or make
payments via postmail.
35 Questions?
36 TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Don Mort, Interim Police Chief
DATE: April 1, 2025
SUBJECT: Military Equipment Use Annual Report and Renewal of Ordinance No. 495, which adopted the Military Equipment Use Policy
Agenda Item: 8.b
STAFF REPORT
BACKGROUND
Assembly Bill 481 (“AB 481”), approved on September 30, 2021 by Governor Gavin Newsom (codified as Chapter 12.8 of the California Government Code and commencing with section 7070 et seq.), requires a local law enforcement agency, such as the Clayton Police Department, to have a Military Equipment Use Policy (“Policy”) approved by the City Council prior to requesting, seeking funding, acquiring, collaborating with other jurisdictions about the deployment of military equipment, or using military equipment. On May 3, 2022, the City Council adopted Ordinance 495 adopting the Military Equipment Use Policy.
The term “military equipment”, as defined by Government Code section 7070(c), does not necessarily indicate just equipment used by the military. Items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbang diversionary devices. The list of items considered “military equipment” by AB 481 are employed by many law enforcement agencies across the country as best practices to enhance community and officer safety
DISCUSSION
The Clayton Police Department is committed to safeguarding our community through crime reduction strategies such as: Community Policing, Progressive Training, and Technology.
Using the most up-to-date tools and equipment to safeguard the community of Clayton is essential to keeping our community safe. Some items deemed to be “military equipment” are in fact employed by the Clayton Police Department to specifically reduce risk to community members during critical incidents.
Clayton Police Department Policy 710, “Military Equipment Funding, Acquisition, and Use” 37 adheres to California Government Code section 7070 et seq., with respect to the approval, acquisition, and reporting requirements of military equipment. In addition, Assembly Bill 481 requires the City to publish the draft Policy to the Police Department’s website thirty (30) days ahead of a public hearing to approve the Policy. The Police Department published the draft Policy on its website on March 16, 2022, and the City Council adopted the final Policy on May 3, 2022.
AB 481 also requires the Clayton Police Department to:
Publish an annual report to include each type of military equipment approved by the City Council.
Hold at least one well-publicized and conveniently located community engagement meeting within thirty (30) days of submitting and publicly releasing the annual military equipment report.
Have the City Council annually review the military equipment use ordinance and determine whether to continue the Policy or not, or whether to disapprove a renewal of a type of military equipment or amend the Policy if the City Council determines that the military equipment does not comply with standards for approval.
To renew the military use ordinance, the City Council is required by AB 481 to determine, based on the annual military equipment report, whether each type of military equipment identified in the report has complied with the following standards:
The military equipment identified in the policy is necessary because there is no reasonable alternative that can achieve the same objective of officer civilian safety.
The approved policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
If purchasing the equipment identified in the policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
Prior military equipment use complied with the military equipment policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
It is the Clayton Police Department’s position that the City Council review and approve the attached Annual Military Equipment Report for 2025 and renew Clayton Ordinance No. 495 as required by AB 481.
FISCAL IMPACTS
None.
ATTACHMENTS
Military Equipment Policy 710 Jan 25.pdf
Military Annual Report Document April 2025.docx
Military Equipment Presentation
38 39
40 41
42 43
44 45
46 47
48 CLAYTON POLICE
DEPARTMENT
ANNUAL MILITARY
EQUIPMENT REPORT
FOR 2024
49 April 1, 2025 Annual Military Equipment Report for 2024 1 Table of Contents
Introduction.................................................................................................................... 2 Definitions...................................................................................................................... 3 Summary of Military Equipment................................................................................... 4 Specialized Firearms and Ammunition................................................................ 4 Colt M4 Carbine ……………………………………………………………………..….4
Winchester 5.56x45mm M855 Green Tip …………………………………………....4 Less Lethal Launchers and Ammunition ……….…………………………………..6 Remington 870 Bean Bag Shotgun....................................................................... 6 Defense Technology 40 MM Launcher ................................................................. 6 CTS 2581 drag stabilized Super-Sock beanbag .................................................. 6 CTS 4557 spin stabilized 40MM Sponge Baton .................................................... 6 Command and Control Vehicles ........................................................................... 8 2019 Cargo Mate Trailer ....................................................................................... 8 2024 Equipment Training Use & Purchase.................................................................. 9 Community Concerns and Complaints........................................................................ 9 Internal Military Equipment Inventory & Audit.......................................................... 10 Projected Military Equipment Acquisition (2025) ..................................................... 10 Conclusion................................................................................................................... 10 50 April 1, 2025 Annual Military Equipment Report for 2024 2 INTRODUCTION
On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 (codified as Chapter 12.8 of the California Government Code) requiring law enforcement agencies such as the Clayton Police Department to have a military use policy approved by the City Council prior to requesting, seeking funding, acquiring or using military equipment. Assembly Bill 481 allows the governing body to approve the policy within its jurisdiction only if it determines that the military equipment meets specified standards.
On May 3, 2022, the City of Clayton City Council approved Ordinance Number 495 approving Clayton Police Department Policy #710: Military Equipment Funding, Acquisition, and Use. As required by Assembly Bill 481 and the Ordinance, annually the Clayton Police Department must prepare a report on the use of each type of military equipment approved in the Policy over the last year. Subsequently, the City Council must then review the Ordinance, Policy and Annual Report, and determine whether the Department’s use of military equipment in the past year complied with the Policy, and whether to continue the Ordinance and Policy, take action (by ordinance) to modify the Policy or repeal the Ordinance.
As set forth in the Policy, the Clayton Police Department retains and employs limited military equipment to safeguard its community. Clayton officers and certified instructional staff receive training throughout the year on the use of military equipment approved under the Policy.
This Annual Report outlines the Clayton Police Department’s military equipment inventory and usage, community complaints over use of military equipment, and internal audits from January 1, 2024 to December 31, 2024. The Department will submit its Military Equipment Annual Report to City Council at the first Council Meeting in May of every year in compliance with AB 481.
51 April 1, 2025 Annual Military Equipment Report for 2024 3 DEFINITIONS
Definitions of Military Equipment established by California Government Code §7070:
(Clayton utilizes a limited number of the resources listed below) Military equipment includes but is not limited to the following types of equipment:
Unmanned, remotely piloted, powered aerial or ground vehicles Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached
Tracked armored vehicles that provide ballistic protection to their occupants Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units Weaponized aircraft, vessels, or vehicles or any kind Battering rams, slugs, and breaching apparatuses that are explosive in nature.
This does not include a handheld, one-person ram
Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition
Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code §30510 and Penal Code §30515, with the exception of standard-issue firearms Any firearm or firearm accessory that is designed to launch explosive projectiles Noise-flash diversionary devices and explosive breaching tools Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray
Taser Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs)
Kinetic energy weapons and munitions (e.g. 40MM launcher, bean bag shotgun, foam tipped projectiles)
Any other equipment as determined by a governing body or a state agency to require additional oversight.
52 April 1, 2025 Annual Military Equipment Report for 2024 4 Clayton Military Equipment
Specialized Firearms and Ammunition
Description, quantity, capabilities, and purchase cost:
Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have a greater accuracy over a long distance. Colt M4 carbine for patrol supervisor use, cost $1695, quantity: 1. The Colt M4 is a selectfire rifle with a chrome lined 10 inch barrel with a 1:9 twist, iron sights, carry handle, and adjustable stock. Designed specifically for lightweight mobility, speed of target acquisition, and potent firepower capability.
Winchester 5.56x45 M855 Green Tip 62-grain ammunition, cost $90, quantity: 150 rounds.
The M855 round is a full metal jacketed round with a lead alloy and steel core and is painted green on the tip.
Purpose:
To be used to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
Authorized Use:
Only members that are POST certified are authorized to use an M4 rifle.
Expected Lifespan:
Colt M4 carbine- 15 years
Winchester 5.56X45 M855 62 grain ammunition- No expiration Fiscal Impact:
Annual maintenance is approximately $50 for each rifle.
Training:
Prior to the use of the specialized firearms and ammunition listed within this section, all officers have received POST certified training. Additionally, all officers are required to complete annual training, per POST Regulations.
53 April 1, 2025 Annual Military Equipment Report for 2024 5 Legal and Procedural Rules:
Use is established under Policy #300 and #311. It is the policy of this Department to utilize specialized firearms and ammunition only for official law enforcement purposes and pursuant to the State and Federal law regarding use of force.
54 April 1, 2025 Annual Military Equipment Report for 2024 6 Less Lethal Launchers and Ammunition
Description, quantity, capabilities, and purchase cost:
Less lethal launchers are used to deploy either the less lethal super-sock 12- gauge beanbag round or the 40MM sponge baton round.
Remington 870 12-gauge Less Lethal Launcher, cost: $1,600, quantity: 4. The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat, which is a principle of de-escalation.
Defense Technology 40MM single shot launcher, cost: $985, quantity: 1. The 40MM Single Launcher is a tactical single shot launcher that features a fixed stock and an adjustable Integrated Front Grip (IFG) with light rail. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less lethal round up to 131 feet. CTS Model 2581 drag stabilized Super-Sock beanbag round, cost $420, quantity: 65 rounds. A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 SuperSock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize.” The Super-Sock is an aerodynamic projectile.
However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts. CTS Model 4557 spin stabilized direct impact sponge round, cost $455, quantity: 13 rounds. The Model 4557 Sponge Baton is a smokeless 3.9-inch 40MM 60-gram spinstabilized projectile, launched at 240-260 feet per second (FPS) designed to deliver a blunt trauma effect. Although it is extremely accurate and consistent, accuracy is dependent on the launcher, using open sights vs. an improved sight, environmental conditions, and the operator. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.
Purpose:
To de-escalate conflict where employment of lethal force is prohibited or unfeasible.
Authorized Use:
Situations for use of the less lethal weapon systems may include, but are not limited to:
55 April 1, 2025 Annual Military Equipment Report for 2024 7 Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents.
Circumstances where a tactical advantage can be obtained. Potentially vicious animals.
Training exercises or approved demonstrations.
Lifespan:
Remington 870 Less Lethal Launcher- 15 years.
Defense Technology 40MM launcher- 15 years
CTS Super Sock Round- 5 years.
CTS 40MM sponge round- 5 years.
Fiscal Impact:
Annual maintenance is approximately $50 for each launcher.
Training:
All officers are trained in the use of less lethal launchers as a less lethal option by in-service training.
Legal and Procedural Rules:
Use is established under Policy #307. It is the policy of this Department to utilize Less Lethal Launchers only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
56 April 1, 2025 Annual Military Equipment Report for 2024 8 Command and Control Vehicles
Description, quantity, capabilities, and purchase cost:
2019 Cargo Mate Trailer – custom up fit by Forest River Inc, cost: $25,571, quantity 1. This trailer is a command vehicle used for critical incidents and natural disasters. It is equipped with office equipment, radios, and rescue/aid equipment.
Purpose:
To be used during critical incidents and natural disasters.
Authorized Use:
The command trailer shall be used by personnel trained in its deployment and use.
Lifespan:
20 years
Fiscal Impact:
Annual maintenance is approximately $500.
Training:
All users are trained in the proper procedure for moving and deploying the trailer as well as ensuring the safety of the trailer and its equipment.
Legal and Procedural Rules:
Use is established under Policy #706. It is the policy of this Department to utilize the command trailer for official law enforcement purposes and pursuant to State and Federal law. 57 April 1, 2025 Annual Military Equipment Report for 2024 9 Equipment Training Use and Purchase
2024 Purchases: None
2024 Training/Military Equipment Utilized: None
Community Concerns and Complaints
In some instances, the possession and use of military equipment may cause questions and/or concerns for members of the community. It is vitally important that community members’ questions and/or complaints regarding the Clayton Police Department’s possession and use of military equipment are addressed.
The Clayton Police Department is committed to full and fair investigations of community complaints.
As such, the Department has sound internal procedures for thorough and impartial investigations of community complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department.
In May of 2022, the Clayton Police Department published its Military Equipment Funding, Use and Acquisition policy on its website. Community concerns and complaints can be received via the Department’s website, in-person at the police department or in the field during police contacts, telephone, emails and social media.
2024 Community Concerns, Complaints & PD Internal Investigations Related to Military Equipment Use
Community Concerns Community Complaints PD Internal Investigations 0 0 0
58 April 1, 2025 Annual Military Equipment Report for 2024 10 Internal Inventory & Audit (Clayton Military Equipment) Per Clayton Police Department policy 710.3(c), the Department’s military equipment coordinator, designated as Sergeant Jason Shaw, is required to complete an internal inventory of all military equipment within the possession of the Department at least once annually.
During the calendar year 2024, an internal inventory of the Department’s military equipment was completed. This was to identify all of the Department’s military equipment in preparation to fulfill the obligations set by Assembly Bill 481.
The Department did not add any new military equipment to its inventory in 2024. All current military equipment inventory was found to be in good shape and working order.
The audit confirmed that Department personnel were found to be in compliance with Policy #710 in the use of military equipment.
Projected Military Equipment Acquisition (2025)
There are no projected military acquisitions planned for 2025.
Conclusion
This Annual Military Equipment Report reaffirms the Clayton Police Department’s commitment to providing transparency and information to our communities and elected officials in addition to ensuring compliance with California State law. The equipment, resources, and training outlined in this report allow Clayton Police Officers to better serve and protect Clayton, enhance the safety of officers and community and bring critical incidents to a safe resolution.
59 Military Equipment
Annual Report
AB 481 September 30, 2021
60 Requirements
Approved Military Equipment Use Ordinance adopted by the City (Approved May 3, 2022).
Clayton Police Department Policy 710, Military Equipment Funding, Acquisition and Use covers the approval, acquisition and reporting requirements as well (CGC 7070 defines military equipment).
Not necessarily indicate just equipment used by the military. List of items employed by law enforcement as best practices to enhance community safety.
Annual Report to City Council each type of military equipment approved and available to the department.
61 Requirements
to continue
Ordinance
495
Military Equipment identified is necessary because
there is no reasonable alternative that can achieve
the same objective.
Approved policy will safeguard the publics welfare,
safety, civil rights, and civil liberties.
In purchasing equipment identified in the policy, it
is reasonably cost effective compared to
alternatives that can achieve the same objective.
Prior military equipment use complied with policy
that was in effect at the time.
62 Specialized Firearms and Ammunition
• Colt M4 carbine rifle
• Winchester 5.56x45 M85 ammunition
• (Patrol Supervisor Use)
63 Less Lethal Launchers and Ammunition
• Remington 870 12 gauge less lethal launcher.
• CTS Model 2581 Super-Sock beanbag round.
• Defense Technology 40 MM single shot launcher.
• 40 MM less lethal ammunition.
• CTS Model 4557 direct impact sponge round.
• De-escalate conflict where
employment of lethal force is
prohibited or unfeasible.
64 Command and Control Vehicles
• 2019 Cargo Mate Trailer.
• Command Vehicle used for critical incidents and natural disasters. • Equipped with office equipment, radios and rescue/aid equipment.
This Photo by Unknown Author is licensed under CC BY
65 Summary
• 2024 – No deployed use of equipment.
• 2025 – Department not anticipating purchasing new equipment. • Since May 2022 adoption.
• No Expressed Community Concerns.
• No Community Complaints.
• No internal investigations regarding use/misuse of equipment. 66 TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Larry Theis, General Manager
DATE: April 1, 2025
SUBJECT: Approve Proposed Street Selection for 2026 Clayton Neighborhood Street Rehabilitation Project and Finding the Project is Categorically Exempt under Section 15301 Class 1(c) “minor alterations of existing facilities (highways & streets)” of the CEQA guidelines, and Filing with County Clerk Recorder Agenda Item: 8.c
STAFF REPORT
RECOMMENDATION
It is recommended that the City Council approve the proposed streets (Table in Attachment 1) selected by the City Engineer to be designed and constructed as part of the City's 2026 Paving Project which includes: Rhine Court, Goethals Court, Fleming Court, Mt. Teton Court, Mt. Teton Place, Mt. Tamalpais Court, Mt. Tamalpais Place, Mt. Hamilton Court, London Court, Barcelona Way, Marsh Creek Road (between El Molino Dr and Clayton Rd), Gold Rush Court, Prospector Place, Coal Mine Court, Herriman Drive, North Mitchell Canyon Road, Eagle Peak Avenue (between Keller Ridge Dr and Oakhurst Dr (east)), El Portal Drive (between Regency Dr and El Pueblo Pl), and Mountaire Parkway (between Marsh Creek Rd and Mountaire Cir (south)); and to find the proposed paving project as Categorically Exempt under CEQA and direct the City Engineer to file the Notice of Exemption with County Clerk Recorder.
BACKGROUND
At its recent March 18, 2025, meeting, the City Council unanimously directed the City Engineer to finalize a proposed list of streets to be selected for the 2026 Clayton Neighborhood Street Rehabilitation Project which was primarily based on Scenario 1B included in 2025 Pavement Report. This Scenario was based on approximately allocating a $1 million budget to streets recommended by StreetSaver and another $1 million based on City selected streets - which were Eagle Peak Avenue, El Portal Drive, and Mountaire Parkway.
DISCUSSION
The City Engineer is presenting his final recommended street selection in the table included in Attachment 1. This list of streets was further curated and refined by the City Engineer based on additional factors as listed below:
1. Removed two short road segments recommended by StreetSaver since there was no other nearby streets to be repaved and these segments were surface treated in 2018.
2. Added multiple cul-de-sacs to the project since there are several other nearby streets (grouping geographically) already recommended for selection, provides a more uniform maintenance schedule in the future and lower likelihood of residents questioning why 67 their neighboring street is being paved while their street is not included.
3. All the proposed streets for 2026 were not paved in the last three paving projects in 2018, 2023, and 2024; except for Mountaire Parkway (2024).
4. Changed one treatment type for Coal Mine Court from overlay to micro-surfacing due to its nearby street, Prospector Place, recommended for micro-surfacing; also added Gold Rush Court to complete this entire neighborhood comprehensively. The traffic volumes are low; likely not requiring a more expensive repair. This entire neighborhood will benefit from one homogeneous surface treatment keeping these streets in roughly the same condition.
FISCAL IMPACTS
The planning level estimate for the proposed street selection is nearing $2.4 million. The City Engineer recommends proceeding with the entire list of streets at this time. There is sufficient cash flow in our road related funds to increase the budget in our upcoming Capital Improvement Plan from $2.0 million to $2.4 million. It is more cost effective to spend funding earlier than later to address your deferred maintenance costs from growing further and to minimize future inflation costs.
In addition, the recommended type of pavement rehabilitation for Eagle Peak Avenue and El Portal Drive still need to be determined by a detailed pavement analysis. The costs used in this planning estimate is conservatively based on a more expensive repair. If a less costly repair is recommended, the overall project cost is likely to reduce by $100,000 to $300,000.
Even if the recommended repairs are the more conservative/expensive repairs, City Staff can still structure the bid documents to include bid alternatives such that portions of the work could be deleted from the contract to meet the City's desired budget prior to awarding the contract.
CEQA
Staff has evaluated the subject project with respect to CEQA and recommends that it be found categorically exempt under Section 15301 Class 1(c) “minor alterations of existing facilities (highways & streets)” of the CEQA guidelines. The City Council is directing the City Engineer to file the CEQA Notice of Exemption (Attachment 4) with the County Clerk Recorder.
ATTACHMENTS
ATTACHMENT 1 - Clayton 2026 Street Selection TABLE.pdf
ATTACHMENT 2 - Proposed 2026 Paving Project MAP.pdf
ATTACHMENT 3 - Past Paving Projects MAP.pdf
ATTACHMENT 4 - Notice of Exemption.pdf
68 CITY OF CLAYTON
PROPOSED 2026 PAVING PROJECT STREET LIST
STREET Begin Cross St End Cross St
Length
(ft) Width (ft) Area (SF) Area (SY)
Funct.
Class
2025
PCI
PCI After
Paving
Type of
Treatment/Repair
2026
$/SY Cost by Street
RHINE COURT Mitchell Canyon Rd Cul-de-sac 629 30 18,870 2,097 R 74 82 Microsurfacing $ 23.81 $ 49,911.15 GOETHALS COURT Rhine Ct Cul-de-sac 130 30 3,900 433 R 81 87 Microsurfacing $ 23.81 $ 10,315.50 FLEMING COURT Fleming Dr Cul-de-sac 325 32 10,400 1,156 R 83 89 Microsurfacing $ 23.81 $ 27,508.00 MT. TETON COURT Mountaire Cir Cul-de-sac 392 30 11,760 1,307 R 86 92 Microsurfacing $ 23.81 $ 31,105.20 MT. TETON PLACE Mountaire Cir Cul-de-sac 215 30 6,450 717 R 79 86 Microsurfacing $ 23.81 $ 17,060.25 MT. TAMALPAIS COURT Mt. Tamalpais Dr Cul-de-sac 371 34 12,614 1,402 R 82 88 Microsurfacing $ 23.81 $ 33,364.03 MT. TAMALPAIS PLACE Mt. Tamalpais Dr Cul-de-sac 343 34 11,662 1,296 R 85 91 Microsurfacing $ 23.81 $ 30,845.99 MT. HAMILTON COURT Mountaire Cir Cul-de-sac 440 32 14,080 1,564 R 87 92 Microsurfacing $ 23.81 $ 37,241.60 LONDON COURT El Molino Dr Cul-de-sac 485 30 14,550 1,617 R 82 88 Microsurfacing $ 23.81 $ 38,484.75 BARCELONA WAY Weatherly Dr Cul-de-sac 661 30 19,830 2,203 R 83 89 Microsurfacing $ 23.81 $ 52,450.35 MARSH CREEK ROAD El Molino Dr Clayton Rd 2,000 38 76,000 8,444 A 79 86 Microsurfacing $ 23.81 $ 201,020.00 GOLD RUSH COURT Center St Cul-de-sac 719 29 20,851 2,317 R 73 81 Microsurfacing $ 23.81 $ 55,150.90 PROSPECTOR PLACE Gold Rush Ct Cul-de-sac 165 29 4,785 532 R 66 75 Microsurfacing $ 23.81 $ 12,656.33 MICROSURFACING COAL MINE COURT Gold Rush Ct Cul-de-sac 224 29 6,496 722 R 64 73 Microsurfacing $ 23.81 $ 17,181.92 $ 614,295.96 HERRIMAN DRIVE Mitchell Canyon Rd Tiffin Dr 1,110 29 32,190 3,577 C 66 100 2" Grind and Overlay $ 42.44 $ 151,775.85 GRIND/OVERLAY N. MITCHELL CANYON ROAD Clayton Rd Cul-de-sac 1,800 36 64,800 7,200 C 63 100 2" Grind and Overlay $ 42.44 $ 305,532.00 $ 457,307.85 EAGLE PEAK AVENUE Oakhurst Dr (east) Keller Ridge Dr 1,906 57 108,642 12,071 C 52 100 Cold in Place Recycle
with 2.5" Overlay $ 837,086.61 69.35 $ MAJOR REHAB
EL PORTAL DRIVE Regency Dr El Pueblo Pl 1,310 26 34,060 3,784 R 35 100 10" Full Depth
Reclamation with 3"
Overlay $ 321,185.80 84.87 $ 1,158,272.41 $
MOUNTAIRE PARKWAY Marsh Creek Rd Mountaire Cir (South) 2,000 60 120,000 13,333 C 90 92 Microsurfacing $ 12.00 $ 160,000.00 $ 160,000.00 TOTAL $ 2,389,876.22
Proposed rehabilitation treatments are conservative; potentially less invasive/less costly repair will suffice after pavement design report is completed.
This is a custom lower estimated unit price for Mountaire Parkway since curb ramps already upgraded and has $50K TDA grant contribution. 69 70
71 Notice of Exemption
To: County Clerk
County of Contra Costa
555 Escobar St.
□ Martinez, CA 94553
From: City of Clayton, Lead Agency & Applicant
6000 Heritage Trail
Clayton, CA 94517
Project Title: 2026 Clayton Neighborhood Street Rehabilitation Project Project Location – Specific:
On various public streets within the City of Clayton specifically: Rhine Court, Goethals Court, Fleming Court, Mt. Teton Court, Mt. Teton Place, Mt. Tamalpais Court, Mt. Tamalpais Place, Mt.
Hamilton Court, London Court, Barcelona Way, Marsh Creek Road (between El Molino Dr and Clayton Rd), Gold Rush Court, Prospector Place, Coal Mine Court, Herriman Drive, North Mitchell Canyon Road, Eagle Peak Avenue (between Keller Ridge Dr and Oakhurst Dr (east)), El Portal Drive (between Regency Dr and El Pueblo Pl), and Mountaire Parkway (between Marsh Creek Rd and Mountaire Cir (south))
Project Location – County: Contra Costa
Project Location – City: Clayton
Description of Nature, Purpose, and Beneficiaries of Project:
Pavement Maintenance and Rehabilitation of various public roadways which includes, but not limited to, micro-surfacing, cold-in-place recycling, full depth reclamation, and asphalt overlays with ancillary work including crack sealing, pavement grinding, full depth asphalt repairs, adjusting utility frames and grates, replacing traffic striping and markings as need, and upgrade curb ramps to meet current ADA standards.
Name of Public Agency Approving Project: City of Clayton Name of Person or Agency Carrying Out Project: City of Clayton City Engineering Exempt Status: Categorical Exemption, 15301 Class 1 (c) Reason Why Project is Exempt:
Section 15301, Class 1(c): minor alteration of existing public facilities involving negligible or no expansion of existing use. The rehabilitation of the roadway pavement will replace or treat the existing asphalt surface to extend the useable life of the roadway for multi-modal travel.
Lead Agency Contact Person: Larry Theis, City Engineer
Telephone: 925-890-9732
Signature: ____________________________________
City of Clayton
Date: _______________
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