_____________________________________________________________________________________________ City Council Minutes April 1, 2025 Page 1
MINUTES
OF THE
REGULAR MEETING
CLAYTON CITY COUNCIL
TUESDAY, APRIL 1, 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; Don Mort, Interim Police Chief; City Engineer, Larry Theis; City Attorney, Malathy Subramanian; and 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.
Vince Moita, Clayton Estates – spoke regarding the 2025 Draft Urban Limit Line Adjustments and asked that the city council formally request the county respect the Marsh Creek Road Specific Plan.
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4. CONSENT CALENDAR
It was moved by Vice Mayor Wan and seconded by Councilmember Diaz, to approve Consent Calendar Items 4(a) - 4(b). (Passed 5/0) (a) Approval of the March 18, 2025, Meeting Minutes.
(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.
Contract 2025-1
Amendment No. 1
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) Unsung Heros for the Month of March (awarded in April) • Joyce Atkinson
• Diana Bauer
• Jeanne Boyd (awarded posthumously)
Mayor Trupiano presented the awards and shared the accomplishments of the group. Joyce Atkinson and Diana Bauer thanked the council for the recognition and shared Clayton Community Library Foundation, and Clayton Community Library history.
(b) Informational Proclamations
a. National Library week - April 6 - 12
b. Autism Awareness Month
Geneva Moss, Library Manager, thanked the council for recognizing Library Week and shared information about upcoming library programs.
Allison Snow thanked the council for proclaiming April Autism Awareness Month, shared information about Autism Spectrum Disorder, details for the flag raising event.
Mayor Trupiano opened the item to public comment; there were no members of the public wishing to speak to the item.
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No Action Taken.
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 information regarding the upcoming Mayors Conference hosted in Clayton, an update on the Chief of Police recruitment, and an update of Diamond Terrace.
(b) City Council / Committees
Reports provided as an attachment to the agenda.
(c) Committees
Financial Sustainability Committee Chair, Howard Kaplan, shared an update on the committee’s activities, shared the committee’s work plans and requested additional direction from the council.
Following discussion by the City Council, Mayor Trupiano opened the item to public comment:
Hank Stratford, and Frank Gavidia, FSC members – spoke regarding the committee’s purpose, its meetings/work, and if the committee is still needed.
7. PUBLIC HEARINGS
(There were no Public Hearings scheduled for this meeting.)
8. ACTION ITEM(S)
(a) Receive Report from HdL on Business License Revenue for Contract Term
Regina Rubier, Assistant City Manager, introduced Ian Davis, Senior Compliance Manger for HdL Companies, who provided an overview of the HdL on Business License Revenue. 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.
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(b) Military Equipment Use Annual Report and Renewal of Ordinance No. 495, which adopted the Military Equipment Use Policy
Don Mort, Interim Chief of Police, provided an overview of the Military Equipment Use Annual Report. 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.
(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
Larry Theis, City Engineer, provided an overview of the Proposed Street Selection for 2026 Clayton Neighborhood Street Rehabilitation Project.
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 approve the proposed street selection as amended to include the following streets: Main Street, Mountaire Parkway, Marsh Creek Road, Heron Drive, N. Mitchell Canyon Road, Eagle Peak Avenue, and El Portal Drive. (Passed 4/1: Ayes: Councilmembers: Enea, Tillman, Vice Mayor Wan, and Mayor Trupiano; No: Councilmember Diaz)
9. CLOSED SESSION
(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
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(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
No Reportable Action Taken.
10. ADJOURNMENT – on a call by Mayor Trupiano, The City Council adjourned its meeting at 10:45 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.
***
9 TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kris Lofthus, City Manager
DATE: April 15, 2025
SUBJECT: Republic Services 2025 Sustainability Award Presented to Ed and Stephanie Moresi
Agenda Item: 5.a
STAFF REPORT
BACKGROUND
Award presented by Republic Services to local business employing sustainable practices.
FISCAL IMPACTS
None.
CEQA
n/a
10 TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Stephanie Cabrera-Brown, City Clerk/Assistant to the City Manager DATE: April 15, 2025
SUBJECT: City Council / Committees
Agenda Item: 6.b
STAFF REPORT
RECOMMENDATION
Receive report on councilmember activities since the last meeting.
Councilmember Diaz:
April 2 attended the Administrative & Finance Committee Meeting of the County Connection Board:
Reviewed/Approved County Connection legal and other administrative expenses.
April 3
Met with C.B.C.A. President as a member of the City Sponsored Special Events Committee.
Met with Interim Chief of Police.
Attended the Contra Costa Mayors Conference in Clayton.
April 7 attended the C.B.C.A. Art & Wine committee meeting.
April 14, Met with the City Manager.
Councilmember Enea:
Met with City Manager.
Attended the Contra Costa Mayors Conference in Clayton.
Attended the CBCA Art and Wine Commitee Meeting.
Attended the Black Diamond Homeowners Association meeting.
Met with residents regarding the condition of The Grove Park.
Met in with residents to discuss the GHAD.
Attended the flag raising for Autism Awareness Month.
Councilmember Tillman:
April 1 attended the East Bay Division Legislative Discussion Forum.
April 2 attended the Autism Awareness flag raising ceremony in downtown Clayton.
April 3 attended the Contra Costa Mayors Conference in Clayton.
April 7 attended a Good Governance Ad hoc committee meeting.
April 8
Discussed creating another Firewise community with constituents. 11 Attended a Clayton Pride Board meeting.
Vice Mayor Wan:
Attended the Budget and Audit Committee meeting.
Discussed contracted services and the draft Annual Comprehensive Financial Report (ACFR).
Attended the Contra Costa Mayors Conference in Clayton.
Discussed issues with residents.
Mayor Trupiano:
Thursday, April 3rd, Mayor's Conference at Oakhurst Country Club, greeted nearly 100 attendees.
Friday, April 4th, Meeting with Lt. Colonel Mike Hudson and Frank Gavidia regarding Memorial Day Ceremony, May 26th at The Grove.
Saturday, April 5th, Coffee with the Mayor and lots of great discussion with residents about:
Upcoming budgeting process
Sales Tax and LMD
Firewise Safety
E-bike Policy
Road Pavement
Library Refresh
Community Events coming up this spring and summer
New Clayton Ranch Park
Diamond Terrace
Bringing back a Farmer's Market
Unsung Hero program
Thank you to Sgt. Enea and Traffic Officer Stroski for coming by to answer questions from residents too!
Monday, April 7th:
Met with Ted Meriam, his son Charlie will be our Mayor for the Day this year and we talked about how we can make that special.
Met with City Manager Kris Lofthus and Councilmember Tillman to discuss upcoming Good Governance Training outline and costs. Will bring back to Council shortly for their review and approval. We hope to conduct this training at a City Council meeting over the summer in July.
Budget & Audit Committee meeting
Reviewed the 2023-2024 Annual Audit as prepared by Chavan and Associates. This will come back to the entire Council on April 15th.
Tuesday, April 8th:
Met with Clayton Community Library Foundation (CCLF), Communications Committee. I am chairing this new committee with two other board members to improve communication between CCLF and community,
members, volunteers and donor. Weekly meeting with City Manager, Kris Lofthus Monday, April 14th:
Meeting with CEMEX
Meeting with BART Director, Matt Rinn and Kris Lofthus
Upcoming Events:
Clayton Cleans Up, April 19th, Maria Shulman and I will be "manning" a table 12 on behalf of the Clayton Community Library Foundation at City Hall, 8 a.m. - 12 p.m.
April 23-25, I will be attending the League of Cal Cities, City Leadership Summit in Sacramento, with City Manager, Kris Lofthus
BACKGROUND
The City Council provides a report of activities that took place between the city council meetings.
FISCAL IMPACTS
n/a
13 TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Regina Rubier, Assistant City Manager
DATE: April 15, 2025
SUBJECT: Audited Annual Comprehensive Financial Report of the City of Clayton for the Fiscal Year Ending June 30, 2024
Agenda Item: 8.a
STAFF REPORT
RECOMMENDATION
It is respectfully recommended that the City Council:
1. Receive a presentation on the City of Clayton’s Annual Comprehensive Financial Report, including the unmodified opinion of the Independent Auditors Report, issued by Chavan and Associates, LLP for the fiscal year ended June 30, 2024; and
2. Accept the City of Clayton’s Annual Financial Report for the fiscal year 2023-24.
BACKGROUND
The City’s independent audit firm, Chavan and Associates, has issued their opinion on the City of Clayton’s financial statements for the fiscal year ended June 30, 2024 (FY 2023-24). In their opinion:
“the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Clayton, California as of June 30, 2024, and the respective changes in financial position and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America.”
City management is responsible for ensuring that the financial statements are presented fairly in accordance with generally accepted accounting principles (GAAP). Additionally, management must design, implement, and maintain internal controls to support the accurate preparation and fair presentation of financial statements, minimizing the risk of material misstatement due to fraud or error. The City's independent auditors are responsible for expressing an opinion on the financial statements based on their audit. This audit is conducted in accordance with generally accepted auditing standards (GAAS) established by the 14