Clayton City Council
June 17, 2025

STAFF REPORT

BACKGROUND
Receive an update...

FISCAL IMPACTS
N/A

ATTACHMENTS
Clayton Police Department Presentation.pdf
500

CLAYTON POLICE

DEPARTMENT
6 Month Assessment
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Discussion Points
 Officers –
 Solid Core of Staff
 Dedicated to serving the City of Clayton
 Respected by community
 Low crime rates and ensure a safe community
 Staffing
 Recruitment
 Retention
 Training
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Staffing
 Some of the most common Staffing Methods
 Staffing ratios based on a simple formula, such as ensuring a specified number of officers per unit of population.
 Comparing themselves to a peer agency.
 Comparisons with the authorized allocation level. This is the number of staff for which an agency is budgeted.
 A more accepted and comprehensive method for determining police staffing need is to consider the actual workload of an agency.
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YEAR POPULATION CFS DAILY AVG REPORTS DAILY AVG
2015 10,973 6750 18.49 720 1.97
2016 10,973 6481 17.75 660 1.80
2017 11,618 7041 19.29 640 1.75
2018 10,904 7477 20.48 758 2.07
2019 10,754 8439 23.12 774 2.12
2020 11,585 7152 19.59 566 1.55
2021 11,136 6164 16.88 508 1.39
2022 10,847 5919 16.21 457 1.25
2023 10,754 4972 13.62 392 1.07
2024 10,754 3991 10.93 377 1.03
* 2025 10,551 1817 12.03 184 1.21
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Crime Reports 2024
Part 1 Crimes which include Rape, Robbery, Assaults, Burglary, Larceny, Auto Theft, Arson.  64 Reports – 16.9% of reports. The majority (55) were theft related.

Part 2 Crimes – all other written reports
 313 Reports – 83.1% which includes
 Traffic Accidents – 38
 Warrant Arrest - 24
 5150 (Mental Health) – 19
 Narcotic Violations – 18
 Driving Under the Influence – 17
 Vandalism - 15
 Fraud – 12
 Miscellaneous - 129
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Staffing Workload Assessment
2,993
377
1000
750
2000
13,680
CFS
Report Writing
Time Off
Training
Misc. Time
Discretionary Time
506
Retention & Recruitment
 10 departures since 2014
 3 retirements
 1 released from training
 6 to other law enforcement agencies – approximately 1 every two years  Multiple Factors involved
 Pay – Incentives (signing bonus)
 Special assignments
 Promotional
 Increased activity – Type of calls
 Other – Relocation, personal, etc.
 Recruitment numbers have decreased
 Not interested – Perception
 Smaller agency challenges
 Last hire took 1 year – Not unusual for size of department 507
Training
 Training budget should be increased
 Police Officer Standards and Training bi-annual training requirements being met
 Recommendation to provide more specialized training
 Leadership
 Management
 Specialized investigation courses
 In progress crimes
 Homicide, Sexual Assault, child Exploitation
 Low Frequency – High Risk Incident
508
Summary Questions
 Department solid with quality staff.
 Minor adjustments to policy and procedures, discussion with Chief Crone.  Annual Reports suggested.
 Questions?
509
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kris Lofthus, City Manager
DATE: June 17, 2025
SUBJECT: Certificates of Appreciation Presented to Dan Johnston and Jeff Miller Agenda Item: 7.b

STAFF REPORT

BACKGROUND
Award certificates presented to Dan Johnston (Maintenance Manager) and Jeff Miller (Maintenance Worker II) in recognition of their outstanding efforts and contributions above and beyond their work duties.

FISCAL IMPACTS
None.

CEQA
This item is employee recognition and is not subject to CEQA. 510
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kris Lofthus, City Manager
DATE: June 17, 2025
SUBJECT: Certificate of Appreciation Presented to Interim Chief Don Mort Agenda Item: 7.c

STAFF REPORT

BACKGROUND
Certificate of Appreciation presented to Interim Police Chief, Don Mort for his leadership, innovative and efficient contributions, and dedication to law enforcement.

FISCAL IMPACTS
None.

CEQA
This item is employee recognition and not subject to CEQA. 511
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kris Lofthus, City Manager
DATE: June 17, 2025
SUBJECT: Unsung Heroes for the Month of May (awarded in June) - JoAnn Caspar Agenda Item: 7.d

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 - JoAnn Caspar - May 2025.pdf
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Unsung Hero – JoAnn Caspar, May 2025 – Awarded on June 17, 2025 In 1979, JoAnn Caspar and her husband John moved from Danville to Clayton and built their custom home. JoAnn, who was a teacher in Danville, was able to secure a position at Mt. Diablo Elementary School, where she continued teaching for the next 18 years and was a very popular teacher, as most kids wanted to get into her 4th and 6th grade classrooms because she made teaching so much fun – for her and the children! She retired from teaching to take care of her ailing husband and after his passing she decided to get more involved with the community.

She was first involved with AAUW, where she later became President, not once but twice.

She has also been a member of the Clayton Valley Garden Club for 28 years, where she has served as past President, twice. It was her involvement with the Garden Club that led to her involvement with the Clayton Historical Society & Museum, where she has served in a number of roles including President five years straight, a docent since 1994 and a driving force for their annual fundraiser, the Clayton Gardens Tour, for the last 30 years, a fundraiser started by Eldora Hoyer in 1993. In fact, JoAnn’s own home has been featured on the Clayton Gardens Tour three times.

She has been a long-time member of Clayton Business & Community Association (CBCA) and has volunteered for the Art & Wine Festival and Oktoberfest many times.

At 93 years of age, there is little that she has not done to benefit our community, and she is still going strong! Thank you, JoAnn Caspar for all that you have done to make our community a better place to live for so many years!
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TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kris Lofthus, City Manager
DATE: June 17, 2025
SUBJECT: Presentation of a Proclamation to Honor Rory Richmond for his Dedication to Community Service and the Clayton Community
Agenda Item: 7.e

STAFF REPORT

BACKGROUND
Presentation of a Proclamation to honor Rory Richmond for his dedication to community service and the Clayton community.

FISCAL IMPACTS
None.

CEQA
This item is a Proclamation and not subject to CEQA.

ATTACHMENTS
Proclamation - Rory Richmond 061625.doc
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declaring
June 21, 2025
as
“Rory Richmond Day”
WHEREAS, the City of Clayton hereby recognizes the profound influence that volunteers can have on the quality of life in the clayton community; and
WHEREAS, Rory Richardson was one such volunteer; and
WHEREAS, Rory was born on Marine Base El Toro, Tustin California, The son of a Marine, he moved to Pittsburg, California after meeting his life partner, Rebecca, a Bay Area native. In 2007 they moved to Clayton and fell in love with the town. Rory knew instantly that he had to give back to his newfound community, a place that he never intended to leave ; and
WHEREAS, a Renaissance man, Rory became a very active and inspirational member of many service organizations, including the Clayton Business and Community Association (CBCA), the Clayton Historical Society (CHS), and the Clayton Valley Garden Club (CVGC), where his service to our community was displayed by his dedication to efforts and events benefiting our community; and WHEREAS, Rory served on committees that produced the CBCA Clayton Art and Wine Festival, CBCA Clayton Oktoberfest, and led the CBCA BBQ event to become nationally sanctioned and recognized. Rory “put Clayton on the map” in the barbecue world; and
WHEREAS, in addition, Rory also worked on the CHS Garden tour, to benefit the clayton historical museum and on CHS historical events; and
WHEREAS, as an avid gardener, Rory volunteered for the CVGC Clayton Plant Sale as well as for downtown beautification projects to increase the charm and sense of community enjoyed by all Clayton residents; and NOW, THEREFORE, in honor of Rory’s service to our Clayton community, I, Mayor Kim Trupiano, on behalf of the Clayton City Council and the citizens of Clayton, do hereby dedicate the Rory Richmond Memorial Garden and designate June 21, 2025, as Rory Richmond day in the city of Clayton, CA. 515
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kris Lofthus, City Manager
DATE: June 17, 2025
SUBJECT: Quarterly Contra Costa County Fire Protection District Update Agenda Item: 7.f

STAFF REPORT

BACKGROUND
Receive a quarterly report from the Contra Costa County Fire Protection District.

FISCAL IMPACTS
None.

ATTACHMENTS
2025 Q1 District PowerPoint- Clayton (updated 06.16.25) 516

CONTRA COSTA COUNTY

FIRE PROTECTION DISTRICT
PRESENTED BY: Lewis Broschard, Fire Chief
Chris Bachman, Fire Marshal
June 2025
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Contra Costa Fire: At a Glance
All-Hazards, full-service district
● Over 600 employees
○ Firefighters and civilian staff
● 35 Strategically placed fire stations covering 553
sq. miles
● Large apparatus fleet
○ Fire engines, boats, rescues, hazmat, etc.
● Dedicated administration, training, fleet,
communications, and wellness facilities
● Prevention Bureau
○ Investigations, plan review, public education,
code enforcement
● Paramedic on every apparatus
● FEMA US&R and Cal OES HazMat teams
● Regional Fire & EMS Communications Center
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2024 Accomplishments:
● Fire Academy 60
○ 13 Contra Costa Fire and 4 Moraga-Orinda
recruits
● Two new ladder trucks and six new fire engines
● Byron Wildland Fire Center Grand Opening
● Seasonal Aerial Firefighting Helicopter Contract
● Organizational DEI training completed
● Launched the Peer Support Canine Program
519
Looking Ahead: 2025 ● Fire Academy 61 ● Rodeo-Hercules Annexation ● Nurse Navigation Program ● Communications Center Remodel ● New fire stations being planned ● Marine Program Expansion ● Ambulance Service RFP ● Paramedic Program Graduation 520
Clayton Total Calls
January 1- April 30, 2025: 268
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● Sign up for CWS Alerts
● Know your zone
● Have a go-bag
● Defensible space
● Evacuation Warning vs Order
Wildfire Preparedness: Ready, Set, Go
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CWS Alert sign-up: Find your evacuation zone:
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Genasys
● Details we can see for each zone
● Go to the website for real time
updates on the status of zones
524
CAL FIRE:

Fire Hazard Severity
Zones
● Maps were updated on
February 24, 2025
● Fact Sheets, Before and After
Maps- available on District
website
Maps and Information
Before After
525
Local Responsibility
Area: Fire Hazard
Severity Zones ● Adoption of the maps; process ● Fire District cannot decrease or remove identified areas
● What does these maps mean? ○ Insurance ○ Home requirements 526
To find your specific address:
527
QUESTIONS?
Stay Connected with Contra Costa Fire:

Facebook: @ContraCostaFire
Instagram: @ContraCostaCountyFire
Email: [email protected]
528
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kris Lofthus, City Manager
DATE: June 17, 2025
SUBJECT: City Council/Committees
Agenda Item: 8.b

STAFF REPORT

RECOMMENDATION
Receive report on councilmember activities since the last meeting.

Councilmember Diaz:

June 4 Attended Administrative and Finance Committee Meeting - County Connection Reviewed and Approved: Clipper Discounts Title VI Fare Equity Analysis - Board Approval
Reviewed and Approved Adjustment to the Non-Represented Administrative Employees 3.0% Increase - Board Approval
Reviewed and Approved Investment Report
Reviewed and Approved Income Statement for the Nine Months ending 03-31- 2025 - Board Approval
Reviewed and Approved Fiscal Year 2026 Operating and Capital Budget and Forecast - Board Approval
Review and Approved Adoption of Gann Appropriations Spending Limitation FY2025-2026 - Board Approval Review and Approved Vendor Bills and Legal Services Statement - Board Approval June 11 Attended Art and Wine "Wrap-Up" Meeting
June 14 Concerts in the Grove - The Cheese Balls
Concert Set-Up, Production, Take-Down
June 15 Celebrated Father's Day
Councilmember Enea:

Met with city manager
Attended S.I.R. (sons in retirement) meeting and answered Clayton residents' questions Attended Art/Wine wrap up meeting
Attended concert at the grove
Talked with various Clayton residents
Councilmember Tillman:

May 28 Attended Supervisor Federal Glover's celebration of life service. He began his career in public service in 1996 when he ran Pittsburg city council serving as mayor in 1999. He made history in 2000 when he became the first African-American supervisor in 529
the county's history, and he served his community and improved the lives of his constituents for 25 years.

May 29 Attended the CBCA general meeting. Also had numerous discussions regarding the Contra Costa Grand Jury report findings.

June 1 4th Annual Clayton Pride Parade and Festival was another successful event.

Supervisor Ken Carlson was the Grand Marshal, Jack Galeotti was the keynote speaker, and Brooke and Doc Halliday were the musical performers. I was asked by several volunteers to thank Clayton PD for their role protecting our downtown event, and maintenance department for the set up. Also huge thank you to the vendors, parade entrants, and attendees. And finally, none of this would have been possible without the Pride Board and volunteers putting in numerous hours to bring inclusivity and allyship for the LGBTQIA+ to Clayton. Now, more than ever, love matters! June 10
Attended the County BOS meeting where Clayton Pride was recognized for our contributions to uplifting the LGBTQIA+ community.

Clayton Pride Board meeting
Trails and Landscaping Committee meeting - postponed due to lack of a quorum.

Vice Mayor Wan:

I attended the Trails and Landscape meeting
Spoke with constituents regarding local matters
Mayor Trupiano:

June 5th Mayor's Conference, San Ramon, presentation by County Clerk Recorder, Kristin Connelly, presentation on the safety of our election process, voting stats, improvements made in the last year
June 11th Meeting with Supervisor Carlson and City Manager, Kris Lofthus June 12th 4th of July parade committee meeting
June 12th Meeting with Rachel Zenner, State Senator Tim Grayson's office, and City Manager Kris Lofthus
June 14th Concerts in the Grove event
June 17th Chapparal Springs Firewise community meeting

BACKGROUND
The City Council provides a report of activities that took place between the city council meetings.

FISCAL IMPACTS
n/a
530
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Stephanie Cabrera-Brown, City Clerk/Assistant to the City Manager DATE: June 17, 2025
SUBJECT: Adopt a Resolution Appointing Two (2) Individuals to the Planning Commission for a Two-year Term, Ending June 30, 2027.

Agenda Item: 10.a

STAFF REPORT

RECOMMENDATION
Adopt a Resolution Appointing Two (2) Individuals to the Planning Commission for a Two-year Term, Ending June 30, 2027.

BACKGROUND
Early on the agenda the City Council conducted interviews of the three candidates wishing to be appointed or reappointed to the Planning Commission. The appointments are conducted as an action item and will be voted on by the full council after discussion and public comment.

DISCUSSION
Determine which of the three candidates that were interviewed earlier in the agenda, to appoint or reappoint.

FISCAL IMPACTS
The Planning Commission stipend was approved in the Fiscal Year 2025-26 Budget.

CEQA
This item is a Planning Commission appointment and not subject to CEQA.

ATTACHMENTS
Attachment 1 - Resolution XX-2025 Appointing Two Planning Commissioners, term end date 063027.doc
531
___________________________________________________________________________________ Resolution No. XX-2025 1 June 17, 2025
RESOLUTION NO. XX-2025

A RESOLUTION APPOINTING TWO CITIZENS

TO THE CLAYTON PLANNING COMMISSION

THE CITY COUNCIL
City of Clayton, California
WHEREAS, in 1964 the City Council of Clayton adopted Ordinance No. 20 establishing the City of Clayton Planning Commission with five (5) members; and WHEREAS, two vacancies will be created with the June 30, 2025, term end date of the commission seats held by Commissioners Joseph Banchero and Bretten Casagrande. Staff advertised the vacancies of the appointive positions on the Planning Commission and set a deadline of June 6, 2025, and extended the deadline to June 10, 2025, for candidates to submit an application to seek appointment or reappointment to serve on the commission; and WHEREAS, Three interested citizens submitted timely applications expressing willingness to serve in this appointed capacity; and
WHEREAS, on June 17, 2025, the Clayton City Council publicly interviewed the candidates; NOW, THEREFORE, BE IT RESOLVED that the City Council of Clayton, California, does hereby appoint the following individuals to the Planning Commission of the City of Clayton for the full two-year terms of office:
: July 17, 2025 through June 30, 2027
: July 17, 2025 through June 30, 2027
PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California at a regular public meeting thereof held the 17th day of June 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

THE CITY COUNCIL OF CLAYTON, CA
__________________________________
Kim Trupiano, Mayor
ATTEST:
_______________________________
532
___________________________________________________________________________________ Resolution No. XX-2025 2 June 17, 2025
Stephanie Cabrera-Brown, City Clerk
533
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kris Lofthus, City Manager
DATE: June 17, 2025
SUBJECT:

Adopt two Resolutions Approving the Memorandum of Understanding for the Miscellaneous Employees Bargaining Unit and Adopting the City of Clayton’s Salary Schedule Effective July 1, 2025, in Conformance with CalPers Requirements to Provide a Publicly Available Salary Schedule Agenda Item: 10.b

STAFF REPORT

RECOMMENDATION
See Attached Staff Report

BACKGROUND
//

DISCUSSION
//

FISCAL IMPACTS
//
CEQA
//

ATTACHMENTS
Staff Report Approve MOU and Salary Schedule.pdf
Attachment A - Reso for Misc Employees MOU.pdf
Attachment B - Reso for Salary Schedule v2.pdf
Attachment C - Miscellaneous Employees MOU 2025-2027 FINAL APPROVED.pdf Attachment D - Salary Schedule FY26.pdf
534

STAFF REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kris Lofthus, City Manager
DATE: June 17, 2025
SUBJECT: Adopt Resolutions Approving the Memorandum of Understanding for the Miscellaneous Employees Bargaining Unit and Adopting the City of Clayton’s Salary Schedule Effective July 1, 2025, in Conformance with CalPERS Requirements to Provide a Publicly Available Salary Schedule

RECOMMENDATION
Staff recommends that the City Council adopt three Resolutions for:

1. Approving a Memorandum of Understanding for the Miscellaneous Employees Bargaining Unit.

2. Adopting the City of Clayton’s Salary Schedule Effective July 1, 2025, in Conformance with CalPERS requirements to provide a publicly available salary schedule.

Agenda Item 8.b
535

BACKGROUND
The City Council has been actively engaged in negotiations with the City's Miscellaneous Employees group, in anticipation of the current labor agreement’s expiration on June 30, 2025.

During the course of these negotiations, it became evident that the interests of both the City and its employees would be better served by establishing two separate Memoranda of Understanding (MOUs) rather than continuing under a single unified agreement.

As a result of this strategic shift, the City Council, in collaboration with representatives from both bargaining units, has successfully reached mutual agreement on the terms and conditions of the Miscellaneous Employee’s new MOU. During the review of the salary schedule, there were some discrepancies found in the Management Employee’s salaries and this item will be brought back at a later date. It is the intention of both the City and the Management Employee’s bargaining unit that they will work quickly to resolve the issues and bring this back to City Council for approval in July 2025; allowing for a short period of retroactive pay. This updated agreement reflects the evolving needs and operational goals of the City, while also enhancing clarity and representation for the respective employee group.

In addition, in alignment with requirements set by the California Public Employees’ Retirement System (CalPERS), the City must ensure that employee compensation data, including base salaries and any forms of special compensation, is formally recognized and publicly accessible. This is a critical step in ensuring that earnable income is accurately reported and used in the calculation of retirement benefits.

To this end, the City of Clayton’s Salary Schedule must be formally adopted by the City Council during a publicly noticed meeting. In addition to the adoption of the salary schedule itself, all relevant documentation, including individual pay rates and special compensation details, must be made available to the public to satisfy transparency and compliance obligations under CalPERS regulations.

These actions reinforce the City’s commitment to both legal compliance and fiscal transparency, ensuring that all stakeholders, including current employees and future retirees—are accurately and fairly represented in matters of compensation and retirement planning.

DISCUSSION
The City Council has been in negotiations with the City’s Management Employees and the Miscellaneous Employees Bargaining Units and have reached agreements with the Miscellaneous Employees group. The major terms are:

Miscellaneous Employees:
• Term of the agreement – July 1, 2025, through June 30, 2027. • Cost of Living Increase of 4% effective July 1, 2025. o Positions include:
 Maintenance Worker I/II/Senior
 Police Office Coordinator
536

• Cost of Living Increase of 3% effective July 1, 2026. o Positions include:
 Administrative Clerk
 Community Development Technician
 Community Services Leader
 Maintenance Worker I/II/Senior
 Police Office Coordinator
In accordance with state law, which mandates that the City Council annually approve and publicly disclose the full salary schedule for all city employees, staff is requesting formal adoption of the City of Clayton Employee Salary Schedule for Fiscal Year 2025–26.

The proposed salary schedule encompasses all current classifications and compensation figures as reflected in both the FY 2025–26 and FY 2026–27 City Budgets. This ensures alignment with approved financial planning and transparency in personnel costs.

The proposed salary ranges for these new roles have been developed through a comprehensive survey of comparable positions in neighboring jurisdictions. Adjustments were made to reflect Clayton’s competitive standing within the regional labor market.

Consistent with transparency requirements, the adopted Salary Schedule will be publicly posted on the City’s website, effective July 1, 2025. This action satisfies the statutory obligation and provides residents, employees, and other stakeholders with accessible information about City compensation practices.

FISCAL IMPACT
There is no fiscal impact by this action; these items have been taken into consideration during the adoption of the FY 2025-26 budget process.

CEQA IMPACT
Adopting these resolutions is an administrative action that is exempt from CEQA.

ATTACHMENTS
Attachment A – Resolution Miscellaneous Employees MOU
Attachment B – Resolution Clayton Salary Schedule
Attachment C - Miscellaneous Employees Bargaining Unit Memorandum of Understanding Attachment D – City of Clayton’s Salary Schedule Effective July 1, 2025 537
1 RESOLUTION NO. xx-2025

A RESOLUTION APPROVING THE TERMS AND CONDITIONS OF EMPLOYMENT FOR THE CITY OF CLAYTON’S MISCELLANEOUS EMPLOYEES BARGANING GROUP EFFECTIVE JULY 1, 2025 THROUGH JUNE 30, 2027

THE CITY COUNCIL
City of Clayton, California
WHEREAS, on June 30, 2025, the current Terms and Conditions of Employment for the City of Clayton’s Undesignated Miscellaneous City Employees covered the period from July 1, 2023, through June 30, 2025, is expiring; and
WHEREAS, the City Council and the Miscellaneous City Employees wish to enter into a new agreement; and
WHEREAS, the City Council and the Miscellaneous Employees agree to the following terms and conditions outlined in the agreement, Attachment E.

NOW, THEREFORE, BE IT RESOLVED the City Council of Clayton, California does hereby accept and approve the Memorandum of Understanding for the Miscellaneous Employees Bargaining Unit (Attachment E) agreeing to the Terms and Conditions of the agreement through June 30, 2027, and does hereby authorize and instruct the City Manager to implement the agreed-upon terms and conditions accordingly.

PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California during a public meeting thereof held on June 17, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Kim Trupiano
Mayor, City of Clayton ATTEST:

Stephanie Cabrera-Brown
City Clerk
538
2 539
1 RESOLUTION NO. xx-2025

A RESOLUTION ADOPTING THE CITY OF CLAYTON SALARY SCHEDULE FOR FISCAL YEAR 2025- 26 IN CONFORMANCE WITH CALPERS REQUIREMENT TO PROVIDE A

PUBLICALLY AVAILABLE PAY SALARY SCHEDULE

THE CITY COUNCIL
City of Clayton, California
WHEREAS, on June 3, 2025, the City Council did receive a presentation on the proposed budgets for operation of the City of Clayton in Fiscal Years 2025 – 26 and 2026-27 commencing July 1, 2025; and
WHEREAS, in a separate action this evening the City Council approved a Memorandum of Understanding for the Miscellaneous Employees bargaining unit effective July 1, 2025, through June 30, 2027; and
WHEREAS, the California Public Employees Retirement System (CalPERS) regulations require member agencies formally adopt a publicly available pay schedule under Government Code section 20636(b)(1) and California Code of Regulations (CCR) Section 570.5; and
WHEREAS, the information contained in the salary schedule effective as of July 1, 2025, for FY 2025-26 reflects approved employee contracts memoranda of understanding with the City’s Miscellaneous labor group and various City resolutions governing compensation; and
WHEREAS, CalPERS regulations require all this information be included in one document.

NOW, THEREFORE, BE IT RESOLVED the City Council of Clayton, California does hereby adopt the salary schedule effective July 1, 2025, for FY 2025-26 as shown in Attachment F.

PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California during a public meeting thereof held on June 17, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
540
2 Kim Trupiano
Mayor, City of Clayton ATTEST:

Stephanie Cabrera-Brown
City Clerk
541

TERMS AND CONDITIONS OF EMPLOYMENT FOR THE UNDESIGNATED

MISCELLANEOUS CITY EMPLOYEES UNIT EFFECTIVE
July 1, 2025 through June 30, 2027
ARTICLE 1: PREAMBLE
This agreement, pursuant to the State of California Government Code Section 3500 et seq., entered into by the City of Clayton, hereinafter referred to as "City", and its Undesignated Miscellaneous City Employees, hereinafter referred to as "Unit", is hereby effective July 1, 2025, through June 30, 2027.

It is the intent and purpose of this document to set forth the understanding and agreement of the parties reached as a result of meeting and consulting in good faith regarding, but not limited to, matters relating to wages, hours, and terms and conditions of employees represented by the Unit. Any and all other employment matters not contained in this document are applicable as found in the City's "Personnel Systems and Guidelines" dated March 1993.

ARTICLE 2: GROUP DESCRIPTION
The following job classifications are members of this Unit for purposes of the agreements in this document:

Job Classifications
Administrative Clerk
Community Development Technician
Senior Maintenance Worker
Maintenance Worker II
Maintenance Worker I
Police Administrative Clerk
Police Office Coordinator
ARTICLE 3: PERSONNEL FILES
The City's secure personnel files, maintained in the city offices, are not subject to public inspection. Any employee has the right to inspect their own personnel file. An employee has the right, in accordance with law, to respond in writing to anything contained or placed in their own personnel file and any such response(s) shall become part of their personnel file. 542
ARTICLE 4: WORK CONDITIONS

4.1 Hours of Work
The work period (hours) for classification and corresponding compensation in this Unit will be 40 work hours in a 7-day work period (which runs from 12:00 a.m. Monday through 12:00 midnight Sunday), paid bi-weekly every 14 days.

Any employee in this Unit scheduled to regularly work less hours than the defined work period shall receive a corresponding pro-rated portion of the monthly compensation and employee benefits outlined in Articles 5, 6, and 8 below to the extent permitted by the applicable plan.

4.2 Pay Periods
The pay period for all employees shall be bi-weekly. The pay period is two consecutive 7-day work periods beginning at 12:00 a.m. Monday through 12:00 midnight the second Sunday thereafter. There are twenty-six (26) pay periods in a fiscal year from July 1 through June 30.

Time sheets are due to Payroll at the start of the day work shift the Monday following close of the pay period Sunday. City pay checks are available and distributed on the Friday after the close of a pay period.

NOTE: From time to time, Payroll deadlines for submitting time sheets and actual pay day may be altered due to designated City holidays. Payroll will notify all employees in advance when these circumstances arise. The time sheet deadline may be adjusted as needed to meet City payroll deadlines. Employees required to estimate hours worked due to an early time sheet deadline shall do so based on an employee's normally assigned work schedule.

4.3 Probation
Employees shall be required to serve a twelve (12) month initial probationary period and a six (6) month promotional probationary period for promotions. The probationary period shall be regarded as part of the testing process and shall be utilized for closely observing the employee’s work, for securing the most effective adjustment of a new employee to the employee’s position and for rejecting any probationary employee whose performance does not meet the required standards of work during the probationary period, an employee may be rejected at any time by the Department Head, or designee, without cause and without the right of appeal. If a Department Head requests an extension of an established probationary period prior to expiration, the City Manager, or designee, may extend the probationary period in intervals of three (3) months beyond the end of the normal probationary period. The probationary period may be extended for two three (3) month intervals (six (6) months total); 543
If the probationary period is extended, a written notice shall be provided to the employee prior to the expiration of the probationary period.

At the discretion of their supervisor, Department Head, and City Manager, Probationary Employees may receive a performance evaluation and release from probationary status after six months, if the Employee's performance exceeds "Meets Standard".

4.4 Lunch Period
Employees shall be provided with a non-paid, duty-free lunch period of at least one-half hour. No additional travel time will be permitted for return to the yard or other locations for meal break. The City will provide waterless soap and towels for those at work in the field.

When employees are assigned by their supervisor to eat at the job site, such employees shall be paid for that half-hour lunch period.

ARTICLE 5: COMPENSATION
Section 5.1 Wages
A. Effective July 1, 2025, the monthly base salary ranges for the following job classifications in this unit shall be increased by four percent (4%):
i. Senior Maintenance Worker
ii. Maintenance Worker II
iii. Maintenance Worker I
iv. Police Administrative Clerk
v. Police Office Coordinator
B. Effective July 1, 2026, the monthly base salary ranges for the following job clarifications in this unit shall be increased by three percent (3%):
i. Administrative Clerk
ii. Community Development Technician
iii. Senior Maintenance Worker
iv. Maintenance Worker II
v. Maintenance Worker I
vi. Police Administrative Clerk
vii. Police Office Coordinator

5.2 Salary Schedule Advancement
Employees who have not yet reached Step E for their respective classifications may be eligible for a merit increase step increase once yearly on their annual salary anniversary dates. Eligibility is contingent on the above satisfactory evaluation, and such merit step 544
increase must be approved in writing by the City Manager. In no event shall a merit step increase be earned or granted beyond Step E or the expiration date of this agreement.

5.3 Certification Pay
The City has the sole and exclusive right to determine and designate which Employees, and how many Employees, are eligible to receive Notary Pay of $50.00 per month.

Designated Employees will be required to successful complete any and all training courses and pass any associated testing.

5.4 Deferred Compensation
Employer maintains a deferred compensation plan pursuant to Internal Revenue Code Section 457 ("the Plan"). Employer shall provide a monthly contribution of $100, paid directly into the Plan on Employee's behalf. In addition, Employee shall match at a minimum the employers contribution from their own wages to the Plan, subject to limitations and restrictions imposed by the Plan and applicable law.

5.5 Longevity Pay
Employees listed in this agreement who have achieved the following years of service shall receive the Longevity Pay Incentive applied to base pay as shown. Years of service only pertain to City of Clayton service time. Percentages are not cumulative. • Five Years 2%
• Ten Years 3%
• Twenty Years 5%

5.6 Work Boot Reimbursement
For employees required to wear safety boots, the City shall reimburse employees up to $250 annually, provided the boots meet the following requirements: oil resistant soles, leather uppers, and ankle height or above. Receipts are required and reimbursements will be paid by a separate check and are not subject to payroll taxes.

ARTICLE 6: MEDICAL, DENTAL, AND LIFE/ACCIDENTAL DEATH DISMEMBERMENT

INSURANCE
Section 6.1 City contribution to Medical and Dental Insurance Premiums The maximum monthly City premium contribution for medical and/or dental insurance coverage for regular, full-time members of this Unit shall be paid by the City in accord with the following employee subscription enrollment schedule:
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A. The City's maximum premium contribution to employee-enrolled medical and dental insurance coverage shall be as follows:

1. Medical Insurance (through CalPERS' Public Employees' Medical and Hospital Care Act). The City's maximum monthly co-pay contribution specified below is benchmarked to the least costly medical insurance program offered between Blue Shield Net Value HMO or Kaiser Permanente plans. Should a member of this Unit elect to enroll in CalPERS medical insurance plan with a corresponding monthly premium higher than the least costly premium between the two medical plans listed above, the employee is responsible for 100% of the added premium cost above the least costly plan's premium for each of the enrollment options noted below:

A. Employee Only enrollment: City Pays 100% of the selected Plan premium.

B. Employee + 1 Dependent enrollment: City pays 100% of the selected Plan premium for the Employee Only and 50% of additional premium expense for the one (1) Dependent.

C. Employee + Family enrollment: City pays 100% of the selected Plan premium for the Employee Only and 59.375% additional premium expense for the Family.

2. Dental Insurance (through the Municipal Pooling Authority's Delta Dental Health Care Employees/Employers Dental Trust)
A. Employee Only enrollment: City pays 100% of the Plan premium.

B. Employee + 1 Dependent enrollment: City pays 100% of the Plan premium for the Employee Only and 46.8% of additional premium expense for the one (1) Dependent.

C. Employee + Family enrollment: City pays 100% of the Plan premium for the Employee Only and 60.94% of additional premium expense for the Family.

Proration of the above City premium contributions for permanent part-time eligible employees shall be calculated and applied based on said employee's percentage of regularly scheduled work hours as to regularly scheduled forty (40) hours work week, (e.g., an employee scheduled to work 24 hours per week received sixty (60) percent of the City's premium contributions).

Section 6.2 Life/Accidental Death/Dismemberment Insurance 546
The City will contract and pay the full premium to enroll each department full-time and parttime employee in a $50,000 face amount life insurance policy and a $50,000 Accidental Death and Dismemberment Insurance coverage.

Section 6.3 Short Term and Long-Term Disability Insurance The City shall continue to provide and pay for short term (STD) and long-term disability (LTD) insurance(s) at the benefit level in place in June 2025 on behalf of each employee of this unit for the purpose of providing contracted levels of continued compensation in the event of an off-duty illness or injury.

ARTICLE 7: EMPLOYEE RETIREMENT PENSION SYSTEM
The City is a member of the California Public Employees' Retirement System, hereinafter referred to as "CalPERS". All regular full-time and regular part-time employees of this Unit are required by contract and corresponding law to be participating members of this retirement system.

Section 7.1 Tier I "Classic" Existing Employees as of June 30, 2010 By contract, the City and its eligible employees of this Unit are members of the 2% at age 55 Miscellaneous Employees CalPERS retirement system. The City shall pay the entire required Employer CalPERS rate and share for this Miscellaneous Retirement System and all increase in rate thereof during the term of this Agreement, including any costs of administration. In addition, the City shall pay 100% of the current 7% Employee CalPERS fixed rate and share for member of this Miscellaneous Retirement System.

Section 7.2 Tier II Retirement System for "Classic" Employees By contract, all regular full-time and regular part-time employees of this Unit hired on or after July 1, 2010 are required to be participating members in the California Public Employees' Retirement System ("CalPERS"). In addition, any new City employees hired after that date but deemed "Classic" CalPERS members due to enrollment and active participation in a CalPERS pension system through another CalPERS public agency, as defined by state law, shall become members of the City's Tier II CalPERS plan. The City shall contract with CalPERS and enroll eligible employees in this hiring category in the CalPERS "2% at age 60" Miscellaneous Retirement System.

The City shall pay the entire required Employer CalPERS rate for this "2% at age 60" retirement system and all increases in the rate thereof, and the employee shall pay 100% of the entire required Employee CalPERS fixed rate. For the purpose of calculating eligible 547
retirement pension, the 2% at 60 Plan shall be the average of the highest 3 years of eligible compensation paid to the employee.

Section 7.3 Tier Ill Retirement System for New Members of this Unit By contract, all regular full-time and regular part-time employees of this Unit hired on or after January 1, 2013, that are CalPERS "new" members as defined by statue shall become members of the City's Tier Ill CalPERS plan. The City shall contract with CalPERS and enroll eligible employees in this hiring category in the CalPERS "2% at age 62" Miscellaneous Retirement System.

The City and employee enrolled in this CalPERS plan shall each pay fifty percent (50%) of the "normal cost rate", as defined in the Public Employees' Pension Reform Act (PEPRA), and as calculated by CalPERS. The "normal cost rate" is subject to annual change as ordered by CalPERS.

ARTICLE 8: HOLIDAYS AND LEAVES
Section 8.1 Eligibility for Paid Leave
Permanent employees of this Unit regularly scheduled to work less than an average eighty (80) hour bi-weekly pay period will earn each paid leaves at a rate proportionate to their number of bi-weekly regularly scheduled work hours.

Section 8.2 Holiday Leave
Permanent regular employees of this Unit shall receive the following eleven (12) 8-hour days of paid holiday leave each calendar year:

New Year's Day January 1
Martin Luther King Jr. Day Third Monday in January
Presidents' Day Third Monday in February
Memorial Day Last Monday in May
Labor Day First Monday in September
Juneteenth June 19
Independence Day July 4
Veterans' Day November 11
Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving Day After Thanksgiving
December 24
December 25
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Holidays falling on non-workdays will be observed on the nearest regular workday. Nonexempt employees must be in a paid status the day before or day following a paid holiday (or be on a pre-approved paid leave) in order to earn the paid holiday.

Staff shall receive eight (8) hours of paid leave on the above-mentioned holidays. Those staff working alternative work schedules may choose to utilize approved leave banks such as vacation, personal, or administrative leave, to cover the additional normal hours worked on that given day or work additional hours during that same week to equal the amount of leave that would otherwise be utilized. For example, if an employee works 4- 10 schedule, they would receive 8 hours of holiday pay on the above-mentioned holidays and could utilize 2 hours of leave on that day to make up the difference or work 2 additional hours that same week, either option will be allowed.

Section 8.3 Personal or "Floating" Leave
In addition to the holidays listed under Section 8.2, all members of this Unit shall receive twenty-four (24) hours of paid Personal Leave in each fiscal year. Said leave hours will be credited on July 1st of each year and shall be taken at the employees' discretion, with the advance consent of their supervisor. If one's Personal Leave hours are not used or exhausted by the end of the fiscal year (June 30th), the remaining hours are forfeited.

Permanent regular employees working less than a 40-hour work week shall receive paid Personal Leave hours on a pro-rata basis based on their number of regularly scheduled work hours per week. Unused Personal Leave is not compensable on separation of employment.

Section 8.4 Vacation Leave
A. Permanent regular employees of this Unit shall be entitled to earn annual paid vacation leave with pay. Vacation leave credit for a 40-hour work week employee shall be accrued on the following basis:

Month 1 through Month 24: 6.67 hours per month
Month 25 through Month 48: 8.00 hours per month
Month 49 through Month 96: 10.00 hours per month
Month 97 through Month 180: 13.33 hours per month
Month 181 and thereafter: 16.67 hours per month
B. Vacation leave credit for permanent regular employees working less than a 40-hour week shall be credited as in Section "A" above on a pro-rata basis based upon the number of hours regularly scheduled to work per week.
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C. Vacation leave may be used as earned, subject to the advance approval of one's department manager, based on staffing requirements.

D. Vacation leave may only be used in increments of one quarter (0.25) hour or more.

E. Vacation leave may be accrued to a maximum number of hours equivalent to twentyfour (24) times one's current monthly accrual rate.

F. Upon leaving City employment, the employee will be paid for all accrued, unused vacation leave.

G. An employee may elect once per fiscal year to convert accrued vacation leave hours into accrued sick hours before the end of the fiscal year at a conversion rate of one (1) hour of accrued vacation into one-half (0.50) hour of sick leave, provided the employee's accrued vacation leave balance exceeds their annual vacation accrual specified in sub-section "A" above at the time of conversion.

H. An employee may elect to convert 40 hours of accrued vacation leave per calendar year in accordance with the "Leave Sell-Back" Administrative Policy. Election for participation in the program shall occur no later than 60 days prior to the start of the new calendar year. The cash-out period shall generally occur 12 months after the election. At the time of cash out, the employees' vacation leave balance may not fall below 40 hours after participation in this program.

I. The City Manager may assign FLSA Exempt classification an accrual rate commensurate with their experience, not to exceed the maximum accrual rate above.

Section 8.5 Sick Leave
A. Paid sick leave is earned at the rate of eight (8) hours for each month worked.

Permanent regular employees working less than a 40-hour work week shall earn paid sick leave hours on a pro-rata basis based on their number of hours regularly scheduled to work per week.

B. Maximum accrual of sick leave is limited to nine-hundred sixty (960) hours of unused leave.

C. Unused sick leave shall not be paid off in cash upon separation from City employment. The City contracts with CalPERS for retirement benefits and is subject to Section 20965 - Credit for Unused Sick Leave.

D. Up to forty (40) hours of accrued sick leave may be used by an employee to attend a funeral of close family members (which means spouse, child, parent, sibling, 550
grandparent, grandchild, domestic partner, or parent-in-law), with the approval of the City Manager.

E. Employees may use accrued sick leave for non-work-related disabilities or illnesses up to the effective or commencement date of short-term or long-term disability benefits or as otherwise required by law.

F. A physician's report may be required by one's department manager for extended periods of sick leave usage by an employee in this Unit, or if in the determination of the City Manager, the employees exhibits greater than average, or unusual patterns or circumstances in their use of sick leave.

G. Employees unable to return to work within six (6) months of the date of disability (whether work or non-work-related) may be separated from City employment, unless an extension is approved by the City Manager, and except as otherwise restricted by state or federal law.

H. Employees who have accumulated two-hundred forty hours of more of accrued sick leave may be credited, at the employee's written request, with two additional vacation leave hours for each consecutive three (3) month period in which no paid sick leave was used by the employee.

ARTICLE 9: STAND BY / CALL BACK
Standby is defined as an assignment to remain available for telephone contact and ready to respond to trouble calls relating to City work during a stated off- work period. Standby is governed by the Standby Duty Policy adopted by the City Council, December 5, 2023.

ARTICLE 10: OVERTIME
Section 10.1 Regular Overtime
The City will compensate eligible non-exempt employees for each one-quarter hour (0.25) of overtime worked at the rate of one and one-half times (1.5) the employee's regular rate of pay including applicable FLSA-required compensation. Overtime is defined as hours worked in excess of 40 hours per 7-day work period or hours worked in excess of regularly-scheduled shift (double counting not permitted). Employee working partial or reduced schedules will not be eligible for overtime until their hours worked exceed the regular work hours noted in Article 4. Authorization of the employee's supervisor must be obtained prior to the working of overtime hours, except in emergency situations. Compensation for overtime shall be in 551
the form of cash payment, or if requested by the employee and approved by their supervisor, in the form of compensatory time off (CTO) that shall also accrue at the rate of one and onehalf (1.5) times the actual overtime hours worked.

For purposes of calculating overtime and compensatory time, all City-paid vacation, sick, and or CTO leave shall be considered as hours worked.

Section 10.2 Compensatory Time Off
A maximum of one hundred (100) hours of compensatory time off (CTO) may be accrued by each non-exempt employee of this Unit. Compensatory time off may be approved upon written request of the employee filed at least three (3) days in advance with the appropriate supervisor. Employee request to utilize accrued CTO time will be granted within a reasonable time of the request unless granting it would unduly disrupt operations. Accrued unused CTO is compensable on separation of City employment.

ARTICLE 11: BILINGUAL PAY
The City has the sole and exclusive right to determine and designate which Employees, and how many Employees, are eligible to receive bilingual pay of $75.00 per month.

Designated Employees will be required to demonstrate conversational fluency in a language (e.g., Spanish) as determined by the City Manager based on community/public needs and organizational usage. The City may administer a competency test to certify fluency of the Employee in the designated language. Any such certification shall be a condition prior to Employee qualifying for monthly bilingual pay.

ARTICLE 12: TERM OF AGREEMENT
Except as indicated herein, this Agreement shall be effective commencing July 1, 2025, and continue to and through June 30, 2027.

IN WITNESS THEREOF, this agreement is entered into by the following authorized representatives this 17 day of June 2025, pursuant to the provision of CA Government Code Section 3500, et seq. for presentation to and adoption by the City Council of Clayton, California.
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CLAYTON UNDESIGNATED MISCELLANEOUS CITY EMPLOYEES (UNIT) By:

Unit Representative
By:

Unit Representative

CITY OF CLAYTON, CA (CITY)
By:

City Attorney
BY:

Kris Lofthus, City Manager
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Monthly $20,000.00 $20,833.33
Hourly $115.38 $120.19
Annually $240,000.00 $250,000.00

A B C D E
Monthly $15,768.46 $16,556.89 $17,384.73 $18,253.97 $19,166.67 Hourly $90.97 $95.52 $100.30 $105.31 $110.58
Annually $189,221.57 $198,682.65 $208,616.78 $219,047.62 $230,000.00 Monthly $8,693.75 $9,128.44 $9,948.46 $10,062.50 $10,565.63 Hourly $50.16 $52.66 $57.39 $58.05 $60.96
Annually $104,325.00 $109,541.25 $115,000.00 $120,750.00 $126,787.50 Monthly $7,583.17 $7,962.33 $8,360.44 $8,778.46 $9,217.39 Hourly $43.75 $45.94 $48.23 $50.64 $53.18
Annually $90,998.00 $95,547.90 $100,325.30 $105,341.56 $110,608.64 Monthly $6,727.08 $7,063.44 $7,416.67 $7,787.50 $8,176.88 Hourly $38.81 $40.75 $42.79 $44.93 $47.17
Annually $80,725.00 $84,761.25 $89,000.00 $93,450.00 $98,122.50 Monthly $4,548.36 $4,775.78 $5,014.57 $5,265.29 $5,528.56 Hourly $26.24 $27.55 $28.93 $30.38 $31.90
Annually $54,580.31 $57,309.33 $60,174.79 $63,183.53 $66,342.71

A B C D E
Monthly $14,247.50 $14,959.88 $15,707.87 $16,493.26 $17,317.93 Hourly $82.20 $86.31 $90.62 $95.15 $99.91
Annually $170,970.00 $179,518.50 $188,494.43 $197,919.15 $207,815.10 Monthly $5,746.26 $6,033.58 $6,335.26 $6,652.02 $6,984.62 Hourly $33.15 $34.81 $36.55 $38.38 $40.30
Annually $68,955.16 $72,402.92 $76,023.07 $79,824.22 $83,815.43 Monthly $4,756.46 $4,994.29 $5,244.00 $5,506.20 $5,781.51 Hourly $27.44 $28.81 $30.25 $31.77 $33.35
Annually $57,077.55 $59,931.42 $62,927.99 $66,074.39 $69,378.11 Monthly $5,244.84 $5,507.09 $5,782.44 $6,071.56 $6,375.14 Hourly $30.26 $31.77 $33.36 $35.03 $36.78
Annually $62,938.13 $66,085.04 $69,389.29 $72,858.76 $76,501.69

A B C D E
Monthly $9,001.75 $9,451.84 $9,924.43 $10,420.65 $10,941.68 Hourly $51.93 $54.53 $57.26 $60.12 $63.13
Annually $108,021.00 $113,422.05 $119,093.15 $125,047.81 $131,300.20 Monthly $5,139.63 $5,396.61 $5,666.44 $5,949.76 $6,247.25 Hourly $29.65 $31.13 $32.69 $34.33 $36.04
Annually $61,675.53 $64,759.31 $67,997.27 $71,397.14 $74,966.99

A B C D E
Monthly $12,216.02 $12,858.32 $13,535.49 $14,247.53 $14,997.81 Hourly $70.48 $74.18 $78.09 $82.20 $86.53
Annually $146,592.28 $154,299.84 $162,425.86 $170,970.33 $179,973.74 Monthly $5,180.05 $5,439.05 $5,711.00 $5,996.55 $6,296.38 Hourly $29.88 $31.38 $32.95 $34.60 $36.33
Annually $62,160.55 $65,268.57 $68,532.00 $71,958.60 $75,556.53 Monthly $4,548.36 $4,775.78 $5,014.57 $5,265.29 $5,528.56 Hourly $26.24 $27.55 $28.93 $30.38 $31.90
Annually $54,580.31 $57,309.33 $60,174.79 $63,183.53 $66,342.71 Monthly $7,969.16 $8,367.61 $8,785.99 $9,225.29 $9,686.56 Hourly $45.98 $48.27 $50.69 $53.22 $55.88
Annually $95,629.87 $100,411.36 $105,431.93 $110,703.52 $116,238.70 Monthly $9,363.48 $9,831.66 $10,323.24 $10,839.40 $11,381.37 Hourly $54.02 $56.72 $59.56 $62.54 $65.66
Annually $112,361.80 $117,979.89 $123,878.89 $130,072.83 $136,576.47 Assistant CM/
Administrative Services
Director
Management Employee Effective 7/1/2024
City of Clayton Salary Schedule FY 2025-26
Admin/Finance
City Manager City Manager Effective 7/1/2024
City Clerk/Assistant to
CM Management Employee Effective 7/1/2024
Management Analyst Management Employee Effective 1/22/2025 Accountant Management Employee Effective 7/1/2024
Administrative Clerk Miscellaneous City
Employee Effective 1/22/2025
$19.76 $20.74 $21.78
Maintenance
Maintenance Senior Miscellaneous City
Employee Effective 7/1/2024
Community Services
Leader
Miscellaneous City
Employee Effective 1/22/2025 Hourly (Part Time) $17.92 $18.82 Maintenance Worker I Miscellaneous City
Employee Effective 7/1/2024
Maintenance Worker II Miscellaneous City
Employee Effective 7/1/2024
Police Office
Coordinator
Miscellaneous City
Employee Effective 7/1/2024
Planning
Senior Planner Management Employee Effective 1/22/2025
Community
Development Technician
Miscellaneous City
Employee Effective 1/22/2025
Police Sergeant Police Officers'
Association Effective 7/1/2025
Public Works
Director/City Engineer
Management
Employees Effective 5/6/2025
Police Administrative
Clerk
Miscellaneous City
Employee Effective 1/22/2025
Police Officers Police Officers'
Association Effective 7/1/2025
Police
Chief of Police Management Employee Effective 2/18/2025 554
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kris Lofthus, City Manager
DATE: June 17, 2025
SUBJECT: Formation of an Ad Hoc Committee to Review the Grand Jury Report Agenda Item: 10.c

STAFF REPORT

RECOMMENDATION
It is recommended that the City Council direct the Mayor to create an ad hoc committee tasked with reviewing the Grand Jury Report, assessing each finding, and outlining responses regarding agreement or disagreement, as well as plans for implementing recommendations, where applicable.

BACKGROUND
The 2024-2025 Contra Costa County Civil Grand Jury recently issued a report titled, "Clayton:

Small City, Big Concerns," containing findings and recommendations pertaining to city operations, turnover, and finances. This report highlights areas for of concern that should be reviewed by the council.

DISCUSSION
The establishment of an ad hoc committee will facilitate a thorough review of the Grand Jury Report, ensuring that each finding is carefully evaluated. The committee will be responsible for:

1. Reviewing and analyzing the findings and recommendations outlined in the report.

2. Determining whether the city agrees or disagrees with each finding based on context and evidence.

3. Developing actionable implementation plans for any agreed-upon recommendations, specifying responsible parties and necessary resources.

4. Preparing a comprehensive response that details the committee's evaluations and recommended actions for presentation to and approval by the City Council.

FISCAL IMPACTS
There are no significant fiscal impacts anticipated from the formation of the ad hoc committee; however, any potential costs related to implementing recommendations will be assessed during the committee's review and will be presented in future budget considerations.

CEQA
This Civil Grand Jury Report is not subject to CEQA.
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ATTACHMENTS
2024-2025 Civil Grand Jury Report, "Clayton: Small City, Big Concerns." 556
557

SUMMARY
The Contra Costa County Civil Grand Jury investigated the operations and procedures of the Clayton City Council.

Behind the suburban face of small-town Clayton lies a City Council mired by frequent staff turnover, recurring failure to follow its own guidelines, and resistance to a revenue solution to its recurring operational budget deficit.

The Grand Jury found the turnover among the professional staff of the City exceeded that of other cities in the County. Clayton had 12 City Managers over the period 2019-2024. In comparison, the Jury found that 15 of 19 cities in Contra Costa County had one or two city managers during the same operative period of time.

Prior to 2025, the Council did not follow its own guidelines in the selection of issues to be placed on the agenda for future meetings. Moreover, the agenda-setting committee tasked with choosing items operated in a manner inconsistent with the requirements of the Brown Act.

Currently, the Council does not entertain requests by members during public meetings for items to be added to a future meeting agenda. Requests can be made only in writing and the disposition of the requests is made public only once per quarter.

The City has run a deficit in its annual operating budget since 2021, relying on its reserve funds to balance the budget. Several City Managers over this time, with expertise in public finance, have encouraged the Council to take steps to reduce or eliminate the deficit. The Council has not taken action to increase revenue.

The Council has several committees, each of which focuses on a specific area of City affairs.

Some are ad hoc committees with limited scope and duration while others are subject to Brown Act requirements. The Act requires that public comment be entertained on non-agenda items during regular meetings of a Brown Act committee. In 2024, such comment was allowed during just six of 24 Brown Act committee meetings.

While Council guidelines require that committees make routine reports to the Council of their activities, this requirement was not consistently observed.

Finally, committees scheduled 48% of their meetings as special meetings during 2024. The consequence of this pattern is that the minimum public notice of the meeting is reduced from 72 to 24 hours and the committee is not required to hear any public comment on non-agenda items, limiting public participation in those meetings.
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BACKGROUND
Nestled in the foothills of the Bay Area’s iconic Mount Diablo, the City of Clayton is an appealing suburban community. Smallest in population (approximately 11,000) among the County’s nineteen cities, Clayton offers an array of ranch-style homes, some on large lots. There are no apartment buildings. A visitor to the downtown area would find an assortment of nonchain retail shops, a post office, small offices, and a liquor shop. These are complemented by a few established restaurants and a charming central park, which includes a gazebo. Walking trails are plentiful and a private country club with a highly rated golf course lies across the main road into town. A large shopping center and grocery store in nearby Concord are about a mile and a half away.

The City is governed by a five-member Council whose members are elected at large and serve four-year overlapping terms. At the final session of the preceding year, the Council votes to appoint a Mayor from among the five Council members. The Council holds public sessions twice each month. The proceedings are live streamed, and the recordings are archived. City staff is managed by a City Manager, chosen by the City Council, and serving at the Council’s pleasure.

Examination of civic newspapers, websites and town surveys reveal that the citizens of Clayton are divided between those who cherish the town’s quaint, unhurried character and those who would welcome change. The City Council reflects this same philosophical divide.

METHODOLOGY
The Grand Jury referred to various sources of information to conduct its investigation. • Interviews with subject matter experts on the issues addressed in this report • Documents from the City dealing with personnel and finances • Review of the online audio/video archive of the Council’s past meetings, including the Council meeting agendas and minutes
• Official City documents regarding established rules and procedures for the City Council; These included the “Council Guidelines and Procedures” and applicable Municipal Code sections
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DISCUSSION
High Turnover in City Staff
Qualified, experienced employees are the motive force that drives effective government.

Government at all levels—state, county or city—strives to find and retain these employees to ensure the smooth execution of its mission. Poor interaction between members of a city council and their staff can lead to staff departures which, in turn, may lead to greater costs and inefficiency, as discussed below.

The Civil Grand Jury examined the level of staff turnover in the government of the City of Clayton’s government, specifically the positions of City Manager, Finance Director and Community Development Director.

Since 2019, Clayton has had 12 City Managers (which includes four permanent and eight acting or interim), eight Finance Directors/Managers, and five Community Development Directors. The following tables list the names and tenures of the staff members in these offices.

Clayton City Managers 2019-2024
The City Manager is the City’s chief executive officer and is responsible for implementation and enforcement of all laws the City Council adopts. The Manager hires and supervises the work of City department heads. The following table lists every City Manager since 2019:
2019 Joe Sbranti (interim)
2020 Kiani Taumoepeau
2020 Laura Hoffmeister (acting)
2020 Fran Robustelli (interim)
2021-2023 Reina Schwartz
2023 Ron Bernal (interim)
2023-2024 Bret Prebula
2024 Amy Walcker (interim)
2024 Richard McEachin (interim)
2024 Adam Politzer (interim)
2024 Regina Rubier (interim)
2024-present Kris Lofthus
One way to put Clayton’s level of City Manager turnover in perspective is to compare Clayton to other cities in Contra Costa County. As shown in the chart below, Clayton’s turnover rate of 12 is more than three times that of any other city except for Antioch. Six cities had one city manager during the entire period under study.
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Clayton Finance Directors/Managers* 2019-2024
The Finance Director is responsible for accounting and financial reporting, budgeting, and cash management. The table below lists every Finance Director/Manager since 2019:
2019 Kevin Mizuno
2019 Debora Allen (interim)
2020 Paul Rodrigues
2021-2022 Katherine Korsak
2023 Angeline Loeffler
2023 Natish Sharma (consultant)
2023-2024 Prapti Aryal
2024--present Regina Rubier
* Job title changed in 2020 from Finance Manager to Finance Director Clayton Community Development Directors 2019-2024
The Community Development Director is responsible for administering the City’s General Plan, including both business and residential elements, issuance of building permits, and code enforcement. The table below lists every Community Development Director since 2019:
2019 Mindy Gentry
2019 David Woltering
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2020 Matthew Freske
2021--June 2024 Dana Ayers
July – December
2024
vacant
2025 -- present Farhad Mortazavi (interim)
The scope of each of these positions is broad and has consequences for many City functions.

Frequent turnover in these positions has these results:
• Loss of institutional knowledge.
• Low morale. Office holders are dispirited by the loss of valued colleagues and disruption of normal workflow.
• Expense of recruitment. Finding and hiring replacement employees entails costs. As an example, $26,575 was paid to Bob Murray Associates, an employment agency used by the City to recruit staff, in 2023 and 2024.

One consequence of Clayton’s staff turnover is illustrated here. Following the departure of the City’s Community Development Director in July 2024, the City did not hire a replacement until February 2025. One of the duties of the position is code enforcement, a responsibility that entails training and experience. The City eventually contracted with an outside professional to handle this function. The City paid 4 Leaf Inc., a contractor, $226,823 between August 2024 and April 2025 for planning staff services. Instead of continuing the contract with 4 Leaf Inc., a new position of community development technician was approved in January 2025. This position will be responsible for code enforcement as well as many other duties. The salary range is $61,000 to $75,000. Had the city not experienced turnover in the City Community Development Director position, it could have saved between $151,000 to $165,000.

The turnover in the position of Community Development Director had additional consequences for the City. This department oversees the collection of business license fees. With this position vacant, the City hired a third party to ensure collection. The firm estimated that the City had been collecting the fees from no more than 1,100 of the 2,000 businesses in the City that should be paying them. As of March 2025, the City had not yet given approval for the collection work to be performed, owing to staff turnover. According to 2023-2024 Clayton Master Fee Schedule posted on the City website, the business initial registration fee is $70. This implies lost revenue of $63,000 as there are about 900 businesses that have yet to pay the fee.

Creation of City Council Agenda
Choosing Items for Consideration
The Brown Act (Government Code, Sections 54950-54963) ensures that the deliberations and actions of California public agencies are conducted openly. To comply with the Act’s intent, 562

public agencies, including city councils, must inform the public in advance of their regular meetings with an agenda of what topics will be discussed. Such notice must be made at least 72 hours in advance of the meeting and the Council may not deliberate or take action on any matter not on the agenda.

As the statute requires, unless a matter is placed on the agenda, the Council may not consider it at a meeting. The Council has rules for how items may be placed on the agenda.

The Clayton City Council’s Guidelines, I.1.a, for agenda formation as of May 2023 were as follows:

1. The City Manager and the City Clerk will prepare a draft agenda and review it with the Mayor for finalization.

2. Any member of the Council may request that an item be placed on a future agenda by contacting the Mayor or by making a request during the Council items section of the regular meeting agenda.

3. Councilmembers who request that an item be placed on a future agenda shall provide a written description to the City Manager and the Mayor for inclusion into a future agenda report. Staff does not prepare detailed reports until directed by the City Manager or the Council as whole.

4. It is the Mayor’s discretion as to which regularly scheduled meeting the requested agenda item will appear, after consultation with the City Manager regarding availability of staff time to prepare necessary reports and the extent and number of items already scheduled for each upcoming Council meeting.

Contrary to these Guidelines, the Council did not place a requested item on the agenda. Pursuant to Guideline I.1.a, one council member proposed in open session in Fall 2023 that an agenda item for the Council to direct the City Attorney to conduct an investigation of whether the Council was overstepping its bounds and creating a hostile or toxic work environment. The Council member repeated this request over the course of 15 months of Council sessions without result. The Grand Jury also reviewed a written request to the Mayor, dated March 5, 2024, making the same request for placement on the agenda. The item never was placed on the agenda.

The Guideline was amended again at the Council’s meeting of January 7, 2025. Previously, a Council member could ask that an item be added to the agenda by submitting a request to either the Mayor or City Manager or by making the request during a Council meeting. The new Guideline requires that both the Mayor and City Manager be contacted in writing. Per the new Guidelines, oral requests are no longer entertained during Council meetings. In addition, the new Guidelines provide that the Mayor has sole discretion to determine whether a requested agenda item will be included in a future agenda. Previously, the Mayor’s discretion was limited as to which meeting the item would be placed.
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Now, the City Manager reports pending agenda items quarterly at a City Council meeting. The consequence of these changes is that members of the public no longer know in real time which agenda items have been requested and then accepted or rejected until the City Manager makes the quarterly report.

Agenda Setting Committee Meeting
Starting in early 2024, the then-City Manager implemented a new policy for agenda formation that was at variance with the Guideline above. Under the policy revision, the agenda was formulated by a committee consisting of the City Manager, City Attorney, City Clerk, Vice Mayor and Mayor. This change in policy was not announced at a Council session, nor was the change in policy incorporated into the January 7, 2025, Guidelines.

The Council’s agenda setting committee acted as a sub-committee of the Council. The committee consisted of two members of the council as well as other members of staff. The committee was not established for a limited term. It met each Wednesday following City Council meetings. It had ongoing jurisdiction over specific issues. For all of these reasons the Agenda Setting Committee was subject to the notice and public meeting provisions of the Brown Act.

The Agenda Setting Committee remained operational until January 9, 2025, when, without public announcement, the agenda-setting meeting was limited to the Mayor and City Manager.

Financial Management
Citizens Financial Sustainability Committee: Establishment and Staffing In Fall 2022, the City Council voted to approve the formation of a Citizen Financial Sustainability Committee (Resolution 76-2022). The objective given to the committee was to advise the Budget and Audit and Council on ways to reduce the City's costs and/or raise revenue to address the City’s financial challenges.

The committee was formulated to be non-political and to consist of five Clayton residents approved by the City Council. Members would serve two-year terms. Applicants had to possess experience in finance, budgeting, or operations. To ensure that key experience would be represented among committee members, each of the following areas of expertise were required:
• Experience in government accounting
• Experience in government finance or budgeting
• Experience in auditing
The City Council evaluated four candidates over a period of a year and a half starting in November 2022. In Spring 2023, two members were appointed to the committee. One of the 564

committee members selected had a background as a certified public accountant. The second had a background in portfolio management. Neither of the areas of expertise fulfill the requirement of a government accounting background as required by Resolution 76-2022, which established this committee.

It was not until April 2024 that a third member was appointed, making a quorum. The third member had experience as a certified financial planner. The committee first met in May 2024.

The committee canceled its meeting in June but did meet in August and October 2024. None of the meetings were streamed nor were minutes posted on the website. The same was true when the committee met again in February 2025. In April 2025, the City Council heard a report of the committee’s activities. The committee reported that they were still waiting for information from the City, that they were not certain of their mission and were not certain that the committee should exist. In any event, in that interval of time between the committee’s first meeting and their April 2025 report, the Council never reviewed the performance of the Committee nor did the Committee report to the Council contrary to the Council’s guideline (N.1.h) which states “Council shall review the performance of citizen committees no less frequently than every six months.”
Council’s Failure to Heed Expert Advice on Addressing Deficit As illustrated by the table below and according to public records, Clayton has had annual budget deficits since at least 2021.

Clayton General Fund and Expenses
FY ’20 FY ’21 FY ’22 FY ’23
Revenue $4,937,351 $6,509,967 $7,086,482 $5,904,558
Expenses $5,170,437 $6,590,189 $6,810,784 $6,015,046
Net Surplus (Deficit) ($233,086) ($80,222) $275,697 ($146,483) Although 2022-23 appears to reflect a surplus, the Clayton Annual Comprehensive Financial Report states, “Without considering the SLFRF (Coronavirus State and Local Fiscal Recovery Fund) revenue, the actual general fund expenditures for the fiscal year ending June 30, 2023, exceed the actual general fund revenue by $183,633. This deficit signifies the operational loss for the year.”
Review of the Clayton Five-Year Forecast shows continued projected deficits as illustrated in the chart below:

FY ’24 FY ’25 FY ’26 FY ’27 FY ’28
Revenue $5,411,412 $5,467,530 $5,619,336 $5,776,321 $5,989,209 Expense $5,651,412 $6,028,710 $6,191,647 $6,572,344 $6,815,079 565

Net Surplus
(Deficit) ($240,000) ($561,181) ($572,311) ($796,023) ($875,870) The following statement is found in the Five-Year Forecast highlighting the need for increased revenues:
“The structural deficit with or without the capital allocations identified above is projected to exist over the life of the forecast. The inclusion of the allocations would only grow the projected deficit to over $1 million in 2028. The City, through its recent efforts, has continued to minimize any unneeded expenses, or float in the operational budget. If additional revenues are not achieved, the City would need to look to austerity measures to bring the budget back to structural balance [emphasis added]. These austerity measures would not be removing any excess from the budget but rather a wholesale change in portions of the service delivery to the community. In the next section of this memo, the example of the level of reductions will be identified to allow City Council an understanding of the impact of service delivery to the community.” Between 2022 and 2024, multiple City Managers with significant education and experience in public finance advised the Council to take steps toward seeking public approval of revenue enhancement measures, such as adding a parcel tax or levying additional sales tax. The Council was advised that the City could not cut expenses as a way out of the deficit.

As of June 30, 2023, Clayton reported an unassigned General Fund (reserve) balance of $5,990,665.00. On March 5, 2024, the Council adopted a reserve policy to reduce its reserve to 40% of its General Fund expenses. In the course of its investigation, the Grand Jury confirmed that it is not advisable to rely on the unassigned General Fund balance to bridge the gap of a structurally deficit operating budget.

Since 2022, the Council has declined to take any revenue enhancement measures, saying it is waiting for direction from the Citizens Financial Sustainability Committee, but, as noted above, no such direction has been provided.

The Council’s Committees
Definitions and Statewide Laws
It is the usual practice of public legislative bodies to establish committees. This allows a smaller group of individuals to study a specific topic or area with a degree of focus that would be impractical for the full legislative body.

A committee of a legislative body in California is classified either as a committee subject to the Brown Act or an ad hoc committee. (In this report, a committee subject to the rules of the Brown Act will be referred to as a “Brown Act committee.”) The City Council has established seven committees.
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There are four Brown Act committees:
• Budget and Audit
• City Sponsored Special Events
• Citizens Financial Sustainability
• Trails and Landscape
There are three committees that the Council refers to as ad hoc committees:
• Parking
• Clayton Business and Community Association (CBCA) Negotiation • Governance (established February 2025, to organize a governance training workshop focusing on key topics critical to effective municipal operations) The distinction between Brown Act and ad hoc committees is critical, as Brown Act committees must follow certain legal requirements. A Brown Act committee must do all of the following:
• Post an agenda for a regular meeting containing a brief description of each item to be addressed, at least 72 hours in advance.
• Make the meeting open to the public and hold the meeting within the body’s geographic jurisdiction.
• Permit public comment on any agenda item. The public may comment on any other matters not on the agenda but limited to a time set aside for such non-agenda items. • Limit council deliberations or actions only to those items on the agenda.

An ad hoc committee, by contrast, is not subject to the Brown Act if:
• It is composed of less than a majority of members of the legislative body; • It is created for a limited or single purpose;
• It has a limited term and is dissolved upon completion of its charter; and • The meeting schedule is not fixed by the legislative body.

Council-Specific Guidelines
In addition to the California requirements above, the Clayton City Council has established guidelines for the operation of its subcommittees (dated January 2025, Guidelines N.1 (a) - (i)).

1. Council Sub-Committees.
a. Sub-committee areas belong to the Council as a whole; they are not seen as territorial. 567

b. Sub-committees shall keep the rest of the Council fully informed. The rest of the Council is responsible for letting a sub-committee know if they want more information or to give input.
c. Before sub-committees start moving in new directions, they will obtain direction from the rest of the Council.
d. Sub-committee reports shall be submitted in writing to the City Clerk in order to be included in the next regular meeting agenda packet.
e. Sub-committee memos will be sent on an interim basis to update other Council members on: i. Issues being discussed, ii. Options being considered, iii. Progress f. Appropriate reports will also be included in the City Manager’s “Weekly Report.” g. Councilmembers may contact Department Heads or the City Manager to be briefed on any sub-committee work.
h. Council shall review the performance of citizen committees no less frequently than every six months.
i. Sub-committees are task oriented with scheduled dates of completion.

The Grand Jury reviewed the City archive for recordings and materials related to the work of the Council’s committees. Our findings are presented in five sections:

Ad hoc Committee Takes Action without Council Approval
An ad hoc committee may be formed only for the study of a specific topic. Once the matter has been deliberated and reported back to the Council, the committee is disbanded. By definition, there cannot be a standing ad hoc committee.

The formation of the CBCA negotiation committee is relevant. The CBCA is a private association, formed in 1984, that supports a range of programs in the community. A portion of their revenue is raised through festivals. A Master Use Agreement between the City and the CBCA governed the duties of both parties and associated fees. On March 7, 2023, following deliberation and public comment, the Council voted 3-1 to terminate the Master Use Agreement.

Two members of the City Council were then appointed to serve as an ad hoc committee to enter into a new Master Use Agreement. No mention of this committee appears on the City’s website.

Committees are not decision-making bodies. They have no authority to take actions on their own.

They are tasked with gathering information, conducting deliberations, formulating and providing advice and recommendations to the Council. Only the Council may direct what action, if any, may be taken. The CBCA Negotiation committee provides an example of a committee taking action without approval from the Council.
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Following the termination of the Master Use Agreement between the City and the CBCA in 2023, the City Council formed an ad hoc committee to negotiate a revised agreement. The committee did not publish any agendas or minutes of any meetings that took place. The CBCA presented a best and final offer to the committee. But the committee never informed the Council of the offer in order to receive direction on whether the offer should be accepted or rejected. The CBCA Negotiation committee rejected the offer and never informed the full Council of this action at a public session. This is a violation of the Council’s Guidelines concerning the scope of committee actions. At the January 7, 2025, Council meeting where other committee assignments were made, no council members were assigned to the CBCA committee indicating that it no longer exists.

Committees Fail to Report Back to Council on Activities Committees may not operate independently of the Council. As Council Guidelines N.1.(b) and (c) state:
“Sub-committees shall keep the rest of the Council fully informed. The rest of the Council is responsible for letting a sub-committee know if they want more information or to give input.”
and
“Before sub-committees start moving in new directions, they will obtain direction from the rest of the Council.”
The Grand Jury’s review of meeting videos/minutes showed that on nine successive meetings of the full Council from February 6, 2024, through May 21, 2024, members of the City Sponsored Special Events Committee reported to the Council that they had attended the committee meeting, but there was nothing substantive to report even though a review of the City Sponsored Special Events Committee Events agenda during that period of time reflect various items were discussed.

In similar fashion, Council members reported they had participated in meeting(s) of the Parking and CBCA Negotiation Committees, but the committees provide no detail of those meetings.

The Citizen Financial Sustainability Committee met three times in 2024. The committee made no report to the Council despite the requirement that they do so.

As noted, the CBCA Negotiation Committee did not report their progress to the Council as a whole. The only mentions of any negotiations are reported in Council meetings of March 15, 2023, and October 20, 2023. During those Council meetings members of the ad hoc committee simply reported that they attended meetings with the CBCA. There is no detail included about any offers made by either party. The Grand Jury found through its investigation that negotiations had taken place between the ad hoc committee and the CBCA via meetings and phone calls.

These negotiations included proposals by the CBCA and subsequent rejection of the proposals by the negotiating committee. As required by the Council Guidelines, this information is required to be brought to a City Council meeting for discussion and further action. 569

Prior to the January 7, 2025, approval of the revised Guidelines, committee reports, even if sparse in content, were delivered to the Council orally near the end of meetings. The new Guidelines adopted on that date transition from oral reports to written form only. These written reports do not address the question of what was accomplished in these meetings. The transition to written reports only has not promoted compliance with the Guidelines nor provided transparency to the public.

Committee Meeting Minutes Not Consistently Posted
The Brown Act does not require that legislative bodies publish minutes of their meetings, but the Clayton Municipal Code (section 2.04.08.0) does require that minutes be taken. Clayton City Council committee meeting minutes sometimes are posted on the City website in a manner where they are easy to locate while at other times, they exist but are difficult to find.

The City’s website contains a listing of all committee meetings held during each calendar year and indicates for each meeting if the agenda and minutes are available. As of December 17, 2024, there had been 25 meetings held across four committees during 2024. Minutes are available as a standalone document for only two of the 25 meetings. In many of these cases, minutes are attached to the agenda of the following meeting, but the practice is not consistent.

The lack of consistency in reporting is demonstrated in the table below:

Committee Meetings Agendas Minutes Video
Budget & Audit 9 9 0 7
Special Events 11 11 2 0
Trails & Landscape 2 2 0 0
Financial Sustainability 3 3 0 0
Totals 25 25 2 7
Excessive Special Meetings
The Brown Act permits legislative bodies to hold special meetings subject to specific rules. The agenda must be publicly available no less than 24 hours in advance of the meeting and must clearly state what matters will be discussed. Only these specific agenda items may be discussed or acted upon during the special meeting. The meeting must be open to the public.

The following table of all committee meetings held during 2024 shows that 52% were held as special meetings:

Committee All Meetings Special Meetings
Budget & Audit 9 6
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Special Events 11 4
Trails & Landscape 2 0
Financial Sustainability 3 3
Totals 25 13

A review of these meetings shows the only consistent fact is that they did not follow the committee’s regular meeting schedule. That may seem harmless, but the end result is that the public is given only 24 hours advance notice with no opportunity for comment on non-agenda items.

Failure to agendize public comment on non-agenda items for regular meetings Our investigation showed further that the Council does not consistently provide opportunity for public comment on non-agenda items during regular meetings of committees, as the Brown Act requires. In 2024, there were twelve regular meetings of the following committees (combined):

Trails & Landscape, City Sponsored Special Events, Citizen Financial Sustainability and Budget & Audit. In only six of these 12 meetings was public comment on non-agenda items included in the agenda. The table below lists each committee, along with the number of meetings in which public comment on non-agenda items was included in the agenda over 2024:

Committee Regular Meetings Comment on Non-Agenda
Items Agendized
Budget & Audit 3 1
Special Events 7 3
Trails & Landscape 2 2
Financial Sustainability 0 0
Totals 12 6

FINDINGS
F1: Since 2019, Clayton has had 12 City Managers, eight Finance Directors, and five Community Development Directors.
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F2: The level of turnover of City Managers in Clayton is greater than other cities in the County.

F3: Prior to January 1, 2025, the City Council did not follow its established guidelines for inclusion of an agenda item despite requests over the course of 15 months by a council member to do so.

F4: Prior to January 7, 2025, the public could learn of requests for agenda item inclusion in real time when proposed by council members in open session.

F5: Subsequent to January 7, 2025, the public could learn of requests for agenda item inclusion only by an oral report of the City Manager made once per quarter.

F6: Prior to January 9, 2025, there was a City Council agenda-setting committee meeting, held regularly with the Mayor and Vice-Mayor along with the City Manager, City Clerk, and City Attorney.

F7: Committee meeting minutes are not consistently posted as a standalone document in the column provided on the City website.

F8: In 2024, 52% (13 of 25) of committee meetings were scheduled as special meetings.

Consequently, opportunity for public comment on non-agenda items was eliminated.

F9: Regular meetings of committees do not consistently place on the agenda an opportunity for public comment on non-agenda items, which violates the Brown Act requirements.

F10: The CBCA Negotiation Committee neither informed nor sought approval from the Council at a public meeting for actions taken, contrary to Council Guidelines.

F11: Revenue shortfall has been identified and confirmed as an issue by several City Managers since 2022. However, while the Council has discussed the issue, it has taken no action to increase revenue.

F12: The City Council did not follow the established requirements in Resolution 76-2022 for selecting members of the Citizens Financial Sustainability Committee.

F13: Committees formed by the City Council are not authorized to take action (other than advice and recommendations) without the Council’s approval.

RECOMMENDATIONS
R1: By December 1, 2025, the City Council should consider adopting a new procedure for Council Members to request items be placed on future agendas. 572

R2: By December 1, 2025, the City Council should consider directing the City Manager to maintain a written, on-going list—available for public view—of all items that have been requested for inclusion in the Council’s agenda and either the date on which the item will be agendized or the reasons for denial of inclusion.

R3: By December 1, 2025, the City Council should consider directing all committees to post their minutes as a standalone document in the minutes column of the City website.

R4: By December 1, 2025, the City Council should consider directing all Brown Act committees to place on the agenda the opportunity for public comment on non-agenda items for all regular scheduled meetings.

R5: By December 1, 2025, the City Council should consider enforcing the Council Guidelines (City Council Guidelines and Procedures Section C.8.c) that committees come to the Council for approval of actions to be taken.

R6: By December 1, 2025, the City Council should consider directing the City Manager to conduct a study of the causes of senior staff turnover.

R7: By July 1, 2026, the City Council should consider ways to increase City revenue.

R8: By December 1, 2025, the City Council should consider following Resolution 76-2022’s requirements for qualifications of members to serve on the Citizens Financial Sustainability Committee.

REQUEST FOR RESPONSES
Pursuant to California Penal Code Section 933(b) et seq. and California Penal Code Section 933.05, the 2024-2025 Contra Costa County Civil Grand Jury requests responses from the following governing bodies:

Responding Agency Findings Recommendations
City Council for the City of
Clayton, California F1-F13 R1-R8
These responses must be provided in the format and by the date set forth in the cover letter that accompanies this report. An electronic copy of these responses in the form of a Word document 573

should be sent by email to [email protected] and a hard (paper) copy should be sent to:

Civil Grand Jury – Foreperson
725 Court Street
P.O. Box 431
Martinez, CA 94553-0091
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