Showing posts with label City Council Recap. Show all posts
Showing posts with label City Council Recap. Show all posts

Tuesday, October 3, 2023

City Council Meeting Summary 10-3-23

City Council Correspondence: The excerpts below have been sourced from the website of council member Jeff Wan to share with the Clayton Watch Community. You can access council member Wan's website by following this link: https://www.jeffwanforclaytoncitycouncil.net

While we may not always agree with the opinions shared, we believe in facilitating a platform for respectful debates. Thank you for contributing to the ongoing conversation in the comments section. Remember to keep your comments respectful and concise. 

------------------------------------------------------------

By Jeff Wan, Clayton City Councilmember

Last night the Council discussed a couple significant items:

- We received a presentation by the East Bay Regional Parks District and our Ward 6 representative, John Mercurio. I met John at one of the prior Mayor's Conferences and he had indicated some work the District was doing at the Clayton border near the Clayton Community Park. At that time, I asked if he would be willing to come to the city and do a presentation and he graciously agreed.

The District has land all across the East Bay. The area that they are targeting to develop into open space and trails is adjacent to the Community Park and would also have trails that connect to the Black Diamond Trail. The timing is undetermined, but perhaps in the 2-3 year time horizon. I asked what help the District needs from the City and he indicated that the District would be working with staff on logistics and bringing this park to fruition.

- We appointed myself and Councilmember Trupiano to an ad hoc committee to work with staff in drafting and providing feedback on a Special Event Fee Policy. This is related to the previous ad hoc committee setup to work through the City Sponsored Special Event Policy. Because there will likely be edits and feedback, I thought it would be more efficient to set up the ad hoc committee from the onset, rather than have staff work to draft a policy, only to have it sent back for more extensive updates. In setting up the committee first, it saves staff time, and allows this policy to be brought forward more quickly as it would not need to be agendized on multiple Council meetings. Both Councilmembers Cloven and Tillman expressed concern over this - ranging from wanting to be involved and not liking previous policy decisions the Council has made, to the idea that this is different that what is traditionally done. Unfortunately what is traditionally done also traditionally takes longer so we went with my idea which was supported unanimously.

- We then discussed the reclassification of the Maintenance Supervisor position to a Maintenance Superintendent, and a request to appropriate $400K of reserves to perform median and right of way trimming, and irrigation from the valve forward, for a duration of one year.

Earlier in the year I had discussions with our City Manager regarding the level of service for citywide maintenance. There was an early proposal we discussed to increase spend in this area citing the need for additional resources. At the time I balked at the idea as our City Manager had only been on board for a short amount of time and I did not think there was sufficient information to make that assessment. I suggested that we utilize Ron Bernal, who served as our Interim City Manager immediately prior, and had a long career as a Public Works Director among other things. I thought Ron could do an excellent job, and the City Manager brought Ron on board to do this work. Ron came back to Council last night to present his findings.

I'm glad that the City was able to take the time necessary to do an actual robust assessment. The details can be found on page 31 of the agenda packet. The results of the assessment found that our maintenance team has approximately 18,500 hours of work that needs to be performed. I say approximately because some things that should fall within the purview of the Maintenance team are not done at all and therefore were not included in the current state assessment. Between 6 FTEs in the Maintenance department, subtracting a certain amount of time for vacation/sick leave, holidays, etc., the City has available approximately 9,000 hours of labor. The difference is backfilled by contract labor, though based on rising costs of labor and other budget challenges, the backfill represents approximately 4,000 additional hours. That leaves a shortfall between what should be happening, and the available hours of approximately 5,500 hours.

A shortfall of 5,500 hours means that activity that should be happening isn't. Many times that can be cumulative - for example, putting off trimming in some areas can make it more difficult in the future. Other times it can pose increase safety risks - for example delaying road striping, or sidewalk repairs, etc. Other times deferring work may not have a material immediate impact, but it could contribute to an overall less aesthetically pleasing environment.

Since I've joined the Council I've asked for a schedule of work from various areas, including things like the GHAD which we received earlier this year after four years of requests, and now we have a summary of Maintenance work in the city. I'm disappointed it took this long, but I am glad that we now have some actionable information. What is more important is what we do with the information going forward.

I noted that the staff report that asked for a $400K appropriation from reserves seemed to take a piecemeal approach to resolving this issue, and only on a one year basis. It called for outsourcing for a single year a portion of the maintenance work that focused on trimming and certain irrigation work but not mainline breaks, but it also made mention of the need to hire an additional FTE and create an on call agreement to handle stand by demand. Those latter items were not though, included in the proposal.

The proposal was characterized as a proof of concept (POC), but it wasn't clear what it was trying to prove. If the question was, can we get more work done if we pay more, we don't need a POC to do that, of course the answer is yes. But what happens at the end of that year? We'd be in the same place we are now with no clear direction on how to move forward sustainably. I opposed the piecemeal approach in general. I conveyed that it would be much more palatable to look holistically at areas where we know there are shortfalls so that we can make informed choices about prioritization and the level of service that our community wants and is willing to pay for.

The proposal also did not recognize any other path forward. I would expect any presentation that asks for significant dollars to include alternatives - what does a smaller ask look like? What would be the impact if we did not choose to take this path? Because while the worklist detailed hours spent and the deficit in hours available, it did not make mention of what has been built up over time as deferred maintenance, what currently wasn't being performed, or consider a prioritization of activities to determine what we choose to perform. It also did not present an alternative scenario where if we did not move forward with this outsourcing approach, what action would the City then need to take to reduce service levels and what that would look like. Understanding the answers to these questions is key in evaluating what actions to take going forward.

Ultimately the Council took no action on appropriating $400K as was recommended. Instead, we gave direction to staff to come back with a holistic look at our current service delivery levels and what it takes to maintain that, and what the backlog of deferred activity is. From there, it will be a prioritization and phasing exercise, and ultimately how and what we are willing to pay for it.

Another question we should address, is what level of service the community is comfortable with? Given your perspective, in terms of maintenance, should the City be doing more, much more, less, much less, or about the same? And if your answer is the same, more, or much more, how much are you willing to pay for it? I'm interested to hear your thoughts so please share or send me a note.

We appreciate you for reading this article.

--------------------------------------------------------

Please support our cause with a small donation today!

Friday, September 29, 2023

Jeff Wan - Town Hall Summary 9-29-23

City Council Correspondence: The excerpts below have been sourced from the website of council member Jeff Wan to share with the Clayton Watch Community. You can access council member Wan's website by following this link: https://www.jeffwanforclaytoncitycouncil.net

While we may not always agree with the opinions shared, we believe in facilitating a platform for respectful debates. Thank you for contributing to the ongoing conversation in the comments section. Remember to keep your comments respectful and concise. 

------------------------------------------------------------

By Jeff Wan, Clayton City Councilmember

Townhall Summary

On Wednesday I hosted a townhall in order to take questions from the community.  Typically during regular Council meetings, Councilmembers are limited in how they can engage with the public.  Dialogue is generally restricted, and we can only address items that are on the agenda.   I wanted to provide an opportunity to have an actual dialogue where folks could ask questions and actually get responses.
 
The event was targeted for 1.5 hours, but went a little over 2.  For the most part the event went well.  There were a variety of questions from participants, ranging from the general budget outlook, specific budget actions as it relates to pension costs, Council behavior and decorum, current and historical activity related to the Olivia project, and questions regarding the newly adopted Master Fee Schedule.
 
Prior to the start of the Townhall, I noticed both Councilmembers Cloven and Tillman were in the audience.  I inquired whether it was permissible that a quorum of the Council was present and Councilmember Tillman indicated she had vetted it and stated that as long as she didn’t participate it was within the constraints of the Brown Act.  This is why I found it odd that throughout the evening, it appeared that Tillman was feeding questions to Tamara Steiner, the editor of the Pioneer.  During the Q&A period, Tillman became so animated that she raised her hand to speak, but then seemed to remember she couldn’t participate and instead appeared to whisper in Steiner’s ear.  I asked rhetorically if that was collusion, though it does call into question the objectivity of the Pioneer when its editor allows herself to be used as a mouthpiece for a sitting Councilmember.
 
There were questions that discussed decorum and my role as Mayor in enforcing it.  Things like cell phone usage, and how Councilmembers engage with staff and others.  To these I generally responded that while I am presiding over the meeting in my role as Mayor, all five Councilmembers are equals and I do not have the ability to direct someone else’s behavior.  In addition, while some may support interceding more forcefully when there are incidents they disagree with, I asked folks to consider if they would feel differently if that were to be applied to incidents they agreed with.  If I were to step in and stop one Councilmember, I would be in position to do that for all Councilmembers and that was not something I think I or others would be comfortable with.
 
There were also questions around the newly adopted Master Fee Schedule.  Some were of a similar flavor that had been asked and answered already in different fora.  Others took objection to my article in the Pioneer where I detailed how the CBCA had for the past 15 years, had charges for use of city facilities waived entirely and simultaneously charged vendors a base rate and a percentage of their sales for the privilege of using those same facilities and streets.  I had earlier made a revenue sharing proposal however it was rejected without discussion and no counter proposal has been made.
 
I have been trying for months to meet with the CBCA leadership to discuss the potential of a new MUA that is mutually beneficial to the CBCA, the City, and the taxpayers of our community.  After proposing several dates, the latest communication I received indicated it may be “a while” due to medical reasons.  I will continue to seek out a time where we can come together and work towards the betterment of our community.
 
With the questions around decorum and the deriding of certain behaviors, I found it incongruous when an audience member loudly stated, “you’re full of shit!”  I identified that comment specifically as an example of the behavior that folks had previously criticized, but no admonishment was forthcoming.
 
Overall, excluding the aforementioned cursing, I thought the Townhall was a productive Q&A session and look forward to more opportunities to address folk’s questions.  Feel free to reach out directly and I will try to address any questions you may have.

We appreciate you for reading this article.

--------------------------------------------------------

Please support our cause with a small donation today!

Tuesday, September 19, 2023

City Council Meeting Summary 9-19-23

City Council Correspondence: The excerpts below have been sourced from the website of council member Jeff Wan to share with the Clayton Watch Community. You can access council member Wan's website by following this link: https://www.jeffwanforclaytoncitycouncil.net

While we may not always agree with the opinions shared, we believe in facilitating a platform for respectful debates. Thank you for contributing to the ongoing conversation in the comments section. Remember to keep your comments respectful and concise. 

------------------------------------------------------------

By Jeff Wan, Clayton City Councilmember

Last night the Council met and discussed a few significant items:

- We had a discussion regarding outsourcing our process and administration for business licenses. Currently this process is handled internally. With approximately 1100 business licenses in the city, maintaining records, taking payment, processing renewals, and even pursing compliance is a time consuming task. HdL is a company that specializes in these activities and has done this at scale at many other jurisdictions. While we have 1100 active business licenses in Clayton, based on some preliminary analysis HdL believes that figure could increase to near 2000 after compliance efforts are undertaken.

In addition, outsourcing this function will free up significant amounts of staff time allowing them to focus on other duties. The Council approved this agreement and expect a launch of this product in approximately two months.

- We reviewed a draft of a City Sponsored Special Events policy. The draft described an approximate budget and potential criteria for which events could be included. The Council discussed the proposal and agreed that the Concerts in the Grove, Clayton Classic Car Show, and the 4th of July Parade should remain city sponsored events. We were also interested in having a 60th anniversary event next year as well. There were open items regarding the Memorial Day event traditionally held by the VFW, and the Pride Parade. In order to resolve those open questions, and make edits to the draft, we formed an Ad Hoc Special Events Policy Committee consisting of Councilmember Trupiano and myself. We will have discussions and make appropriate updates to bring back to the full Council for adoption.

- We discussed the need to develop a strategic plan. Staff had prepared a proposal that included hiring a consultant to conduct public outreach, and an all day working session with Council and individually at a cost of $20-25K. The Council was divided on whether the cost was worthwhile, and discussed other aspects including methods of community outreach and the length of time that is truly needed. The Council directed staff to take a second pass at a proposal that would be less costly and explore different ideas to reduce the amount of time needed, as well as identify specific deliverables or objectives that would be achieved.

As a reminder, I will be having a townhall on September 27 at 6:30 pm at Hoyer Hall.

We appreciate you for reading this article.

--------------------------------------------------------

Please support our cause with a small donation today!

Monday, September 11, 2023

City Council Special Meeting 9-7-23

City Council Correspondence: The excerpts below have been sourced from the website of council member Jeff Wan to share with the Clayton Watch Community. You can access council member Wan's website by following this link: https://www.jeffwanforclaytoncitycouncil.net

While we may not always agree with the opinions shared, we believe in facilitating a platform for respectful debates. Thank you for contributing to the ongoing conversation in the comments section. Remember to keep your comments respectful and concise. 

------------------------------------------------------------

By Jeff Wan, Clayton City Councilmember (Olivia on Marsh Creek - Litigation by Hood and Walcutt)

The Council held a Special Meeting last Thursday, 9-7-23 in response to anticipated litigation related to the Olivia project (3 story 3 building high density apartments in and around downtown).

Because of the nature of the topic, the only item on the agenda was a closed session to discuss with legal counsel. The discussion and anything that occurs during closed session is not allowed to be shared so I do not have any updates from this meeting to report.

If there were at any point information able to be shared I will do so.

We appreciate you for reading this article.

--------------------------------------------------------

Please support our cause with a small donation today!

Wednesday, August 16, 2023

City Council Meeting Summary 8-16-23

City Council Correspondence: The excerpts below have been sourced from the website of council member Jeff Wan to share with the Clayton Watch Community. You can access council member Wan's website by following this link: https://www.jeffwanforclaytoncitycouncil.net

While we may not always agree with the opinions shared, we believe in facilitating a platform for respectful debates. Thank you for contributing to the ongoing conversation in the comments section. Remember to keep your comments respectful and concise. 

------------------------------------------------------------

By Jeff Wan, Clayton City Councilmember

Prop 26 and 218 and Municipal Fees

This is a longer post about the law surrounding municipal fees.  The short version is that our City Attorney confirmed that Special Event Fees are not subject to limitations of Prop 26 during our 8.15.23 meeting.  The long version is as follows:

There is an argument being made that charging a Special Event fee is somehow prohibited based on Prop 26 and Prop 218.  For reference, here is the Cal Cities Prop 26 and 218 Implementation Guide (Guide).  The Guide describes several examples and details out the application of both propositions.

Essentially, CA voters passed propositions over the past several decades defining what is considered a tax, and requiring voter approval of such taxes.  Some of these requirements were added to the State constitution, specifically in Article XIII C.  Here is how a Tax is defined in that Article:

    (e) As used in this article, “tax” means any levy, charge, or exaction of any kind imposed by a local government, except the following:

    (1) A charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.

    (2) A charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.

    (3) A charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.

    (4) A charge imposed for entrance to or use of local government property, or the purchase, rental, or lease of local government property.

    (5) A fine, penalty, or other monetary charge imposed by the judicial branch of government or a local government, as a result of a violation of law.

    (6) A charge imposed as a condition of property development.

    (7) Assessments and property-related fees imposed in accordance with the provisions of Article XIII D.

If a local government is getting money in any way, it is a tax, unless it falls into one of the 7 exceptions above.

The argument some are making is two pronged and goes something like this:  Prong 1 - The Special Event Fee is a tax, and therefore subject to voter approval.  Prong 2 - Even if the Special Event Fee is not a tax, then a local government is limited to only recovering its costs, and since the Special Event Fee is greater than actual costs, it is somehow prohibited.

This argument is easily rebutted, and it is the CA constitution itself that rebuts it. Section (e)(4) above lists as an exception from the definition of "tax" to be "A charge imposed for entrance to or use of local government property, or the purchase, rental, or lease of local government property."  As the Special Event Fee is a charge for the use of government property (i.e. streets, parks, sidewalks, etc.), it clearly falls under the exception to the definition of a tax in (e)(4) above.  Therefore, Prong 1 fails.

To rebut Prong 2, we need to look at the other provisions of section (e) above.  Looking at (1) - (3), each contains the phrase 'reasonable costs'.   The Guide discusses that the language of this section of the State Constitution is from Prop 26, and mirrors previous language contained in Prop 13, which imposes a burden on local government to prove that the amount is no more than necessary to cover the reasonable costs of the governmental activity, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor’s burdens on, or benefits received from, the governmental activity.  In other words, history and courts have essentially defined "reasonable costs" to be actual costs, with some leeway for calculation and distribution of the fees.

But if we look at item (e)(4), this exception to the definition of what constitutes a tax is different than the ones before it.  It does not contain the phrase "reasonable costs".  This is important because there is a canon of statutory interpretation that says, casus omissus pro omisso habendus est.  This generally means that if something is omitted, it is considered to be done intentionally.  SCOTUS's rules for statutory interpretation say that "Every word within a statue is there for a purpose and should be given its due significance."  "Where Congress includes particular language is one section of a statute but omits it in another ..., it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion."

Because the section in the Constitution from Prop 218 that talks about charges for the use of government property omits any reference to reasonable costs, courts have read this as the authors intended - renting government property is not subject to this limitation.  This is also described in the Guide, "in Howard Jarvis Taxpayers Association v. Bay Area Toll Authority (2020) 51 Cal.App.5th 435, review granted October 14, 2020, S263835, the Court of Appeal held that the reasonable cost limitation does not apply to charges imposed for entrance to or use of state property or the purchase, rental, or lease of state property. The California Supreme Court has granted review of both cases."  The Guide was published in Aug 2021.  Subsequent to that, the California Supreme Court let stand the case which means that the Court of Appeal's ruling stands.  As a result, Prong 2 of the argument fails.

We appreciate you for reading this article.

--------------------------------------------------------

Please support our cause with a small donation today!

Tuesday, August 15, 2023

City Council Meeting Summary 8-15-23

City Council Correspondence: The excerpts below have been sourced from the website of council member Jeff Wan to share with the Clayton Watch Community. You can access council member Wan's website by following this link: https://www.jeffwanforclaytoncitycouncil.net

While we may not always agree with the opinions shared, we believe in facilitating a platform for respectful debates. Thank you for contributing to the ongoing conversation in the comments section. Remember to keep your comments respectful and concise. 

------------------------------------------------------------

By Jeff Wan, Clayton City Councilmember

Last night the Council discussed several significant items:

- We received a presentation from the Contra Costa Mosquito and Vector Control District regarding their scope of services and tips on reducing the risk that certain pest insects and animals present.  As part of the District, the City of Clayton is able to appoint one Trustee to sit on the Board of the District.  Currently that seat is vacant.  If any are interested in learning more or applying to be a Trustee, please contact the City Clerk.

- We received a quarterly update on the City's investment portfolio.  This was also discussed at our Budget and Audit Committee meeting the previous day.  We are experiencing higher yields with some of our more recent buys, however the portfolio continues to be weighted with lower yield CDs that were purchased years ago.  We will be doing an analysis whether it makes sense to sell those at a loss in order to utilize proceeds for higher yield products, but it is unlikely that the return would make that worthwhile.  Overall we still have opportunity to move more liquid cash  into higher yielding investments and the Budget and Audit Committee consisting of myself and Councilmember Trupiano directed staff to do so.

Our current practice has been to concentrate in CDs which are not a liquid product, and are limited to buys of $250K.  With an investment portfolio north of $16M, this means that staff needs to monitor a long list of investments.  The Committee asked Staff to prepare an investment plan that describes the laddering targets so that we can reduce the overall number of investments while still maximizing safety, liquidity, and yield. Overall the City recognized approximately double the investment earnings in FY23 than anticipated due to some of these moves.

- We held a public hearing to adopt an updated Master Fee Schedule. This concludes the process that began several months ago and updates our fees to ensure the City is recovering its costs when it performs certain services. In addition, when a portion of the City is being rented as a venue for an event, the City has the right to collect a fee in exchange for that use.

As large events in our downtown create a disproportionate use of staff time and resources that isn’t well captured in a line item fee schedule, a Special Events Fee was added to our Master Fee Schedule that is tiered based on the size of the event. This is analogous to a park or other facility rental on a larger scale. For many years, the City’s downtown has been the venue for many commercially successful events. And during that time, the City chose to waive substantially all fees associated with the rental of its facilities.  The updated fee schedule does offer a discount on Special Event Fees to non-profits in order to recognize the value they bring.

There were several speakers extolling the virtues of the CBCA at this meeting.  On that front, I agree.  The organization adds a tremendous amount of value to the community, and I commend the generosity of both the organization and its volunteers. These activities however, do not exempt anyone from have to pay for use of City facilities. Fee waivers or discounts represent taxpayer funded subsidies and should be made judiciously. To the extent that the City does not collect fees that it is able, taxes from residents must make up the difference.  

Earlier I made a proposal that could lower or waive fees even further in exchange for an arrangement where the CBCA and the City enter into a revenue sharing agreement.  This should be familiar to the CBCA since they also engage in a revenue sharing arrangement with the vendors that come to their events.  For example, a portion of gross revenue from food sales that take place at events like Art & Wine are paid to the CBCA from the food vendors themselves.  In addition, each vendor pays the CBCA for the privilege of renting space on City streets, those same streets that the CBCA has had their fees waived for the past 15 years.

Unfortunately this proposal was rejected by the Board of CBCA without discussion or any exploration on what was possible.  There was no counter proposal made.  It appears that the position of the organization is that the only acceptable option is to be able to continue to use City facilities for free.  That would not be a prudent position for the City to take and it would be unfair to the residents of this community.

Councilmember Cloven raised a question about the legality of charging a Special Event Fee.  This was addressed squarely by our City Attorney that in fact the Special Events Fee is permissible.  To add more context regarding that discussion, I made a post specifically about the laws surrounding municipal fees here: https://www.jeffwanforclaytoncitycouncil.net/2023/08/prop-26-and-218-and-municipal-fees.html

We adopted the updated fee schedule on a vote of 3-2 with Councilmembers Cloven and Tillman voting no.  The fee schedule becomes effective in 60 days.  Given events can be booked up to one year in advance, this means that should the organization choose, they can reserve events through 2024.  This would be 1.5 years after we terminated the MUA.

- We directed staff to include instructions with how to use ClearGov to review payment obligations (check register).  Traditionally payment detail has been on the consent calendar at each regularly scheduled Council meeting.  At the next meeting this will continue, with instructions on how to access ClearGov to view the same data.  After that a link to ClearGov will be included in each agenda packet.

- We designated a voting delegate (Trupiano) and alternate (Diaz) for the upcoming September CalCities annual conference consistent with the committee assignments that were approved back in Dec-22.

We appreciate you for reading this article.

--------------------------------------------------------

Please support our cause with a small donation today!

Tuesday, July 25, 2023

City Council Meeting Summary 7-25-23

City Council Correspondence: The excerpts below have been sourced from the website of council member Jeff Wan to share with the Clayton Watch Community. You can access council member Wan's website by following this link: https://www.jeffwanforclaytoncitycouncil.net

While we may not always agree with the opinions shared, we believe in facilitating a platform for respectful debates. Thank you for contributing to the ongoing conversation in the comments section. Remember to keep your comments respectful and concise. 

------------------------------------------------------------

By Jeff Wan, Clayton City Councilmember

Common Ground and a Win/Win for Special Events

Recently the Council gave direction to staff regarding the proposed update to our Master Fee Schedule. As such, I wanted to share my thoughts on why this was an important action for the City to take. There were three main principals at play:

Ensure full recovery of costs – Historically the City did not recover the full cost of providing services or renting facilities. The rates for each did not include a fully burdened rate for staff charges, including administrative staff and police, and they hadn’t been updated beyond a perfunctory CPI increase in many many years. By focusing on a full recovery method, the City ensures it is recovering the actual cost it incurs for these services and facilities.

Fairness to the Taxpayers – Money is fungible. As such, fee waivers or discounts represent taxpayer funded subsidies and should be made judiciously. We offer discounts in a variety of ways throughout the fee schedule - typically for those that reside in Clayton vs. those who do not, or to promote certain activity. Endeavor Hall offers a steep discount for residents and non-profits as the intent of Endeavor is to be a community meeting place of residents, and to support the Arts - the uses of which do not typically generate net income.

Generate revenue – The City’s tax base is relatively small, and somewhat inflexible. There are few opportunities for the City to generate additional revenue. As I stated during my campaign and multiple times afterwards, a tax increase should always be a last resort, and only after all other options are explored. It is appropriate that City’s charge a fee for use of City property. Many cities do this via rental charges or Special Event fees, and Clayton is no exception. The updated fee schedule recognizes that large events that generate significant revenue or support for event sponsors have the ability to pay for use of the City as a venue.

There has been a high level of interest in the updated fee schedule. This update that applies broadly to everyone needed to be in place prior to any discussion with the CBCA. The Council is setting policy for the City as a whole, not just for one organization. A baseline must be established that ensures the City is adequately compensated for staff time and use of its facilities. Now that we have given staff direction on how to move forward, with the actual update to the Master Fee Schedule targeted to be heard at a Public Hearing on August 15, it is appropriate that we renew discussion with the CBCA on ways we can continue to work together.

Under the prior Master Use Agreement (MUA) between the City and the CBCA that waived virtually all permitting fees and did not reimburse the City for actual costs incurred by staff, the interests of the two parties were not always aligned. The CBCA had an interest in successful events to further their mission. The City had an interest in generating greater revenue to support the financial health of the City. In this rubric, the City did not receive the full benefit from events as we were not recovering our full costs. The time spent by City staff (maintenance and police) was not fully invoiced, and staff were overall more burdened as there was a net increase in workload. Combine that with the waiver of fees for renting things like the streets and the Grove park, near $5K-$7K per event, and even the small amount of sales tax generated did not nearly make up for the burden to the City.

Recently I had a conversation with the President of the CBCA. I conveyed that because our interests were not always aligned, it could appear that activities between the two organizations were more adversarial than they actually were, or intended to be. In an effort to find what could be a win/win, I suggested that there may be a way that we could work together in partnership – come to terms so that when the CBCA is successful, so is the City. Depending on the details, I would be open to the idea of reduced or waived fees in exchange for a revenue sharing arrangement. This would be mutually beneficial for all parties, including the taxpayers of our City. The more financially successful the events are, the better it is for everyone. It would then be in the City’s interest to assist as much as possible, and the CBCA could have a predictable cost structure like any other cost of supplies. For the larger events the outcome could be about the same as what is in the current proposed update to the Master Fee Schedule, but for smaller events the fees would no longer be an impediment to their overall viability.

I hope that we could come to terms on an arrangement like this and I look forward to working with the CBCA on ways that we could continue working together.

We appreciate you for reading this article.

--------------------------------------------------------

Please support our cause with a small donation today!

Tuesday, July 18, 2023

City Council Meeting Summary 7-18-23

City Council Correspondence: The excerpts below have been sourced from the website of council member Jeff Wan to share with the Clayton Watch Community. You can access council member Wan's website by following this link: https://www.jeffwanforclaytoncitycouncil.net

While we may not always agree with the opinions shared, we believe in facilitating a platform for respectful debates. Thank you for contributing to the ongoing conversation in the comments section. Remember to keep your comments respectful and concise. 

------------------------------------------------------------

By Jeff Wan, Clayton City Councilmember

Last night the Council met and discussed several significant items.  As we only had one meeting this month, and we will only have one meeting next month, this agenda was quite full and the meeting went till about midnight.

- There was a public hearing where the Council adopted the annual levy of real property tax assessments at the Diablo Estates Assessment District.  This is an annual process whereby the city administers certain functions for the group of homes similar to an HOA manager and the assessments cover those costs.  The City is allowed to raise the assessment each year by CPI, however this year due to the activities of the district the assessment was held flat.

- There was a public hearing where the Council adopted the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan Mitigation Fee Audit and nexus study and to update the related mitigation fees.  This study supports the calculation of developer impact fees associated with development in the region and their environmental impact to the area.

- We approved the new franchise agreement with Republic Services for solid waste collection.  Due to changes in state law, the cost for service has significantly risen and the new agreement incorporates the new state compliance requirements.  Fees for service will rise a little south of 20%, though the actual dollar increase will be between $6 and $10 per month, depending on the size of the garbage container residents use.  Most other provisions of our service agreement remain unchanged - residents will still be able to use multiple recycle and organic bins at no cost, there will still be the same number of "spring clean up" type events for recycling, garbage, and organics, and we are still able to have large items (appliances, furniture, mattresses) taken by Republic Services at no cost.

The new law requires quite a bit of change around how organic materials are collected.  The state has seen fit to dictate what color everyone's bin needs to be, at least the lid portion.  As a result, over time the bin lids of residents will incorporate the new required color scheme whenever bins are replaced through attrition.  In addition, the state is now requiring that haulers (like Republic Services) examine what people are placing in their bin and document their findings, including noting when the non conforming materials are placed in certain bins.  The state requires their be provision for fines as an enforcement mechanism should this cross contamination occur too frequently.  There are also new rules for documentation and tracking, as well as forcing cities to purchase a certain level of recycled materials over time.

- We approved a funding agreement with CCTA in order to upgrade traffic signals at four locations along Clayton Rd: Washington Blvd, St. Bonaventure, El Camino, and Mitchell Canyon Rd.  CCTA is funding a regional effort to update to Smart Signals and was looking for a matching commitment of 11.47%, which amounts to approximately $56K from the City.  This amount was included in the most recent budget that was adopted.

The Smart Signals do a number of things some of which include safety enhancements.  By using a combination of cameras and radar, the signals are able to detect vehicle at a greater distance, and dynamically adjust timing of lights.  For example, if a light turns yellow and the signal detects a vehicle approaching at a certain speed, the length of yellow light could be extended to allow the vehicle to more safely cross the intersection.  In addition, the technology used is more cost effective than the physical cabling that is currently used beneath the streets for the same purpose.

Another aspect of the Smart Signals is that they allow CCTA or potentially another agency to remotely control the signals in order to smooth traffic flow during certain events.  It is unclear who has access to take control, who has access to the video, who has access to the data logs, and under what circumstances these things can be used.  All of these are intended to be defined in an Operating Agreement, but that has not yet been drafted.  I thought it was odd to ask for funding before the operating agreement which defines what we are signing up for was complete.

A concern I voiced that I have stated in the past, is that through traffic to and from east county on Clayton Rd. is an issue during commute hours.  To the extent greater traffic is routed through Clayton Rd. it has an impact on Clayton residents.  To the extent less traffic is routed through Clayton Rd. that has a benefit on Clayton residents.  If CCTA or another agency is allowed to make this route more appealing to drivers by utilizing signal control, that would not be in the interest of the City.

As a compromise, CCTA agreed to delay requiring any payment until June 2024.  This should give sufficient time to review the Operating Agreement after it is finalized and determine if we want to exercise the termination clause in the funding agreement.

- The Council also gave direction that staff may pursue opportunities for cell tower leases in the City as a source of additional revenue and increased service coverage for our residents.

- The Council renewed its service agreement for on-call tree service with Waraner Brothers Tree Service.

- We approved the acquisition and implementation of Granicus Agenda Management software which should add efficiency and streamline processes, while making access and usability easier for users.

-The GHAD Board met after the regular Council meeting and directed staff to pursue an additional levy of GHAD households in order to fund the scope of work that is in the controlling document.  The GHAD Plan of Control document describes what activities the GHAD should be doing, and how frequently.  Because the GHAD is severely underfunded, it does not have the ability to perform even a small portion of the work described in the Plan of Control.  I wrote about the challenges that the GHAD faces back in April:  https://www.jeffwanforclaytoncitycouncil.net/2023/03/32123-oakhurst-geological-hazard.html

This is a multi step process, including updating the Plan of Control, engaging in outreach with GHAD households, and ultimately preparing an analysis of what the GHAD should be doing and how much it takes to do that work.  The small amount of budget in the GHAD that was slated to be used for monitoring will be repurposed towards this effort.

We appreciate you for reading this article.

--------------------------------------------------------

Please support our cause with a small donation today!

Monday, June 26, 2023

City Council Special Meeting Summary 6-26-23

City Council Correspondence: The excerpts below have been sourced from the website of council member Jeff Wan to share with the Clayton Watch Community. You can access council member Wan's website by following this link: https://www.jeffwanforclaytoncitycouncil.net

While we may not always agree with the opinions shared, we believe in facilitating a platform for respectful debates. Thank you for contributing to the ongoing conversation in the comments section. Remember to keep your comments respectful and concise. 

------------------------------------------------------------

By Jeff Wan, Clayton City Councilmember

Yesterday afternoon the Council met for a Special Meeting (off cycle) in order to address questions from Council regarding the Master Fee Schedule proposed update directed towards our consultant who was unable to attend the previous regular meeting when this item was agendized. Approval of the proposed fee schedule was not on the agenda as any change to our Master Fee schedule requires a regularly scheduled publicly noticed hearing at least 14 days in advance with the proposal more fully fleshed out. This meeting was for Council to ask questions, discuss, and provide direction to staff.  We are targeting the approval of the update to the fee schedule to take place on August 15.

Due to time constraints regarding retaining a quorum of the Council, public comment was limited to 1.5 minutes instead of the usual 3 minutes. In addition, because this meeting was off cycle, our regular meeting place was unavailable, therefore we met in City Hall.

Questions posed by Council were largely the same as had been asked previously. During our 6.6.23 meeting when we last discussed this, our City Manager stated multiple times that certain questions being asked were matters of policy that the Council sets, not questions of law or process, and that the consultant would largely give the same answer. That is in fact what happened and rather than focus on the actual policy, a significant amount of time was spent asking questions regarding who asked who to do what and who talked to whom, or why during edits of drafts did certain words change and who asked for those changes.

Ultimately the Council engaged a consultant to assess the adequacy of our Master Fee Schedule and propose changes to do two things:

1. Ensure the fees were based on a full recovery method, including direct costs such as salaries and benefits, indirect costs such as departmental administration costs, and citywide support costs such as accounting, personnel, data processing, vehicle maintenance, and insurance.

2. Bring forward a proposal for fees for Special Events including a discount for Clayton based non-profits.

The proposed update to the Master Fee Schedule did both of these things.  Fees for various services like a tree removal permit, or a building permit were adjusted to reflect actual costs. In addition, a new category of fees for Special Events was created. This would be applicable for a large event that would require streets to be closed, such as Oktoberfest or a parade. For those types of events with 100 participants or greater, a daily Special Event Fee was proposed that would be based on the number of participants, with the smallest tier at $700 for up to 499 participants, and $10K for events with 5,000 participants or greater.  Based on our last  direction at the 6.6.23 meeting, staff also included in this proposal a Special Event discount suggested at 20% for Clayton based non-profits.

Any discount off of stated rates is a policy decision that Council can make.  Discounts represent taxpayer subsidies and should be made judiciously.  We offer discounts in a variety of ways throughout the fee schedule - typically for those that reside in Clayton vs. those who do not.  Endeavor Hall offers a steep discount as the intent of Endeavor is to be a meeting place of residents, and to support the Arts - the uses of which do not typically generate net income.

For the past 15 years, there has been a Master Use Agreement (MUA) between the City and the CBCA whereby virtually all fees for using public property and facilities were waived during Special Events.  Earlier this year the City terminated this MUA, effective July 1, 2023.  The City's regular practice allows permits and reservations to be made up to 1 year in advance locking in the fee method at that time.  Prior to the expiration of the MUA, the CBCA pulled permits for the next year's worth of events, locking in the waiver of virtually all City fees, as is their prerogative under the City's practice and the MUA that is set to expire in a few days.

As an example of the magnitude of figures that are relevant:  for Art and Wine 2022, BBQ 2022, Oktoberfest 2022, and Art and Wine 2023, this portion of direct staff charges paid to the City were $9,888, $6,676, $10,369, and $9,075, respectively.  The fees waived under the MUA for each event represented approximately $5K - $7K.  In comparison, the revenue for the first three events were $284K, $95K, and $281K, and after associated expenses inclusive of the staff time noted above, net income of $137K, $24K, and $115K.

During discussion, Vice Mayor Diaz suggested a two tier discount methodology offering a greater discount to Clayton based non-profits, and a smaller discount to non-Clayton based non profits.  Councilmember Cloven suggested a 50% discount which the majority of the Council felt was too large.  Councilmember Tillman suggested a 40% discount as a compromise which was higher than the majority of the Council was comfortable with.  Ultimately the Council directed staff to update the proposed fee schedule increasing the discount for Clayton based non-profits from 20% to 30%, and to add a 15% discount for non-Clayton based non-profits.  The vote was 3-2, with Councilmembers Cloven and Tillman voting no.

We appreciate you for reading this article.

--------------------------------------------------------

Please support our cause with a small donation today!

Tuesday, June 20, 2023

City Council Meeting Summary 6-20-23

City Council Correspondence: The excerpts below have been sourced from the website of council member Jeff Wan to share with the Clayton Watch Community. You can access council member Wan's website by following this link: https://www.jeffwanforclaytoncitycouncil.net

While we may not always agree with the opinions shared, we believe in facilitating a platform for respectful debates. Thank you for contributing to the ongoing conversation in the comments section. Remember to keep your comments respectful and concise. 

------------------------------------------------------------

By Jeff Wan, Clayton City Councilmember

Last night the Council met to discuss several significant items:

- We conducted interviews for two open Planning Commissioner seats and appointed Bretten Casagrande and Joseph Banchero.  Congratulations to both and thank you to Ed Miller and Justin Cesarin for their service whose terms are ending at the end of the month.

- We heard a presentation from the City of Concord regarding sewer rate increases.  Clayton utilizes a sewer system administered by Concord, and as a result of increased costs for maintenance and repair, the rates that Clayton residents pay will be increasing.  The Council approved the increase that was already approved at Concord in the amount of 6% per year over the next four years.  The actual amount of increase may vary depending on the needs and actual costs incurred.

- At our last meeting, we discussed the need to appropriate $125K from the City's Pension Rate Stabilization Fund in order to balance the budget.  Pension expense has increased significantly over the past few years and this fund was intended to act as a buffer to the budget when that occurred.  As we also removed $40K from the prior budget proposal, it was expected that that $125K would be reduced to $85K, however it appears that due to certain administrative oversights the actual figure was only reduced to $114K.  

There was discussion regarding whether a revenue assumption of $36K for increased fees related to the Master Fee schedule update should be included in our budget.  This budget is inclusive of assumptions made across multiple revenue and expense categories, including those relating to our Master Fee Schedule that we are set to update in the August timeframe.  It does not however, include any increase related to Special Events as that fee category is net new and we haven't finalized those parameters.  The vast majority of other fees that are being increased are commensurate with the fee schedule that already exists and as such an assumption of increases was appropriate.  Any increased revenue from Special Events fees will have a favorable impact to the budget.

Several of the Special District funds are either in deficit, or are consuming resources from other available funds, or both.  We will need to develop a strategy to address these as we stabilize operations within the City.

We approved the FY24 budget on a vote of 4-0-1 with Councilmember Tillman abstaining.

- We approved the FY24 Capital Improvement Plan and related CIP appropriations.  Some of the projects that were approved were related to ADA curb compliance, street paving, downtown raised pedestrian crosswalks, traffic signal upgrades, and other items.  Each of these are funded by a mix of city funds and grant revenues.

- We approved a new employment agreement with our Miscellaneous Employees, as well as separated the Police Chief's position from this agreement and formed a separate agreement for that role.  As part of the agreement with the Miscellaneous employees, we included a 5% COLA for FY24, and a 3-5% increase for FY25 based on CPI.  In addition, in recognition of much of the staffing vacancy this year, we included a retention incentive of 5% for those that remain employed over the next year.  In part as a result of the current year vacancies, the City experienced favorable results compared to budget and the Council decided to utilize some of that savings to recognize those employees who continued to perform the work required during a time of significant vacancy.

We appreciate you for reading this article.

--------------------------------------------------------

Please support our cause with a small donation today!

Tuesday, June 13, 2023

City Council Meeting Summary 6-13-23

City Council Correspondence: The excerpts below have been sourced from the website of council member Jeff Wan to share with the Clayton Watch Community. You can access council member Wan's website by following this link: https://www.jeffwanforclaytoncitycouncil.net

While we may not always agree with the opinions shared, we believe in facilitating a platform for respectful debates. Thank you for contributing to the ongoing conversation in the comments section. Remember to keep your comments respectful and concise. 

------------------------------------------------------------

By Jeff Wan, Clayton City Councilmember

At our marathon meeting on 6.6.23, we discussed the proposed update to the City's Master Fee Schedule.  Any change to the fee schedule requires a public hearing that is properly noticed at least 14 days in advance.  As such at this meeting we were not poised to make any changes, rather the purpose was to give guidance to staff so they could come back with a refined draft that could be properly noticed and acted upon.  Unfortunately our consultant from GovInvest was unavailable at this meeting so several questions regarding the proposal were tabled to our next Special Meeting tentatively scheduled for June 26.

Much has been said about fees and the rules around fees both before and during this meeting.  When Prop 26 and 218 were passed, they created rules around what types of fees could be charged, and how much those fees could be.  Fees for service (those fees that may be charged for a specific service for the benefit of a specific person), like a building or tree removal permit, are limited to the cost of performing that service.  The City has not performed an analysis of its fees in many years, so long that no one can remember when it was last done. We know costs have risen over time in both materials, and the compensation for those performing the work.  Without an actual analysis it is likely that the City was not recouping the full costs of performing various services.

For certain fees, those for entrance to or use of local government property, or the purchase, rental, or lease of local government property, the same prop 26 and 218 limitations do not apply.  These types of fees are set on a market basis - an agreed upon price between a willing seller and a willing buyer.  Many special events that are held in town would fall in this category.

In order to assess the adequacy of our Master Fee Schedule, the City engaged GovInvest for approximately $15K to assess and make recommendations on any potential updates to the Master Fee Schedule.  In performing this assessment, the Budget and Audit Committee gave direction to GovInvest to review the entire schedule and among other things:

    1. Ensure the fees were based on a full recovery method, including direct costs such as salaries and benefits, indirect costs such as departmental administration costs, and citywide support costs such as accounting, personnel, data processing, vehicle maintenance, and insurance.

    2. Bring forward a proposal for fees for Special Events.   

The proposed update to the Master Fee Schedule did both of these things.  Fees for various services like a tree removal permit, or a building permit were adjusted to reflect actual costs.  In addition, a new category of fees for Special Events was created.  This would be applicable for a large event that would require streets to be closed, such as Oktoberfest or a parade.  For those types of events with 100 participants or greater, a daily Special Event Fee was proposed that would be based on the number of participants, with the smallest tier at $700 for up to 499 participants, and $10K for events with 5,000 participants or greater.

Historically the majority of events that would be subject to the proposed Special Event Fee were those sponsored by the CBCA.  Under the Master Use Agreement that will end at the beginning of July, the fees for the Grove rental, temporary use permit, noise permit, special event permit, amplified sound equipment use permit, and the street closure fee were all waived, and the only costs recovered by the City were for some but not all direct labor for police and maintenance, and materials usage.  

For Art and Wine 2022, BBQ 2022, Oktoberfest 2022, and Art and Wine 2023, this portion of direct staff charges were $9,888, $6,676, $10,369, and $9,075, respectively.  The fees waived for each event represented approximately $5K - $7K.  In comparison, the revenue for the first three events were $284K, $95K, and $281K, and after associated expenses inclusive of the staff time noted above, net income of $137K, $24K, and $115K.

After an extended discussion, the Council was largely okay with the fees for service.  The Council gave feedback to Staff regarding the Special Events fees and asked them to bring back the following for our next discussion:

- Provide examples of a few common use cases for facility rental and illustrate what that cost would be.
- Define what counts as a participant for Special Events and what would be included in the Special Event fee.
- Include a non-profit rate for Special Events

We are tentatively scheduled to continue our discussion at a Special Meeting on June 26.

Separately there have been questions regarding certain City sponsored events, such as Concerts in the Grove and the Classic Car shows, and why these events pulled permits and fee waivers in the past.  It's unclear why this was our practice but in discussion with Staff and our City Attorney, this was never necessary and as such we will be discontinuing this practice so as to avoid confusion and eliminate unnecessary administrative burden.  City sponsored events do not require permits to use City facilities, and are not subject to any fees.

We appreciate you for reading this article.

--------------------------------------------------------

Please support our cause with a small donation today!

Thursday, June 8, 2023

City Council Meeting Summary 6-6-23

City Council Correspondence: The excerpts below have been sourced from the website of council member Jeff Wan to share with the Clayton Watch Community. You can access council member Wan's website by following this link: https://www.jeffwanforclaytoncitycouncil.net

While we may not always agree with the opinions shared, we believe in facilitating a platform for respectful debates. Thank you for contributing to the ongoing conversation in the comments section. Remember to keep your comments respectful and concise. 

------------------------------------------------------------

By Jeff Wan, Clayton City Councilmember

Last night the Council meeting started at 6pm and went until about 2am.  There was quite a bit of information presented and discussed:

We received a presentation from Fire Chief Broshard from the Contra Costa County Fire Protection District regarding an update on activities of the District.  There was a lot of useful information, some of which included discussion around changes to fire threat maps as well as a reminder for residents to stay vigilant in steps they could take to help protect against fire risk, and various alert systems available (www.cwsalerts.com).  More information available at www.cccfpd.org.

- We received a presentation from the Clayton Valley/Concord Sunrise Rotary Club regarding the activities of the Club, including an upcoming Inaugural Father's Day Run.  The Club has long held the annual 4th of July Pancake Breakfast at Endeavor Hall, among other fundraising events in order to support their mission, including a recent donation to the City of Clayton to help fund the Clayton Community Park playground equipment refresh.  For more information about the 5k run:  https://runsignup.com/RACE/CA/CLAYTON/FATHERSDAYRUNFORROTARY

- We received the Engineer's report on the Streetlight Assessment District and the proposed assessments for FY24.  We approved the assessment for FY 24 at the same rate as prior year.  This assessment remains flat each year as the City has not pursued an increase in assessments since inception.  While the annual cost of operating streetlights have gone up over time due to rising costs including inflation, with assessments not increasing this special district assessment district is and will continue to be in deficit and subsidized by the General Fund.

- We received the Engineer's report for the Diablo Estates at Clayton Benefit Assessment District and noticed a public hearing to levy the FY24 assessments.  This District operates like an HOA for a limited number of residents and this is an annual process to collect assessments for the following year.

- We had a first reading of an ordinance regarding speed limits in town.  Back in 2019 the City conducted a speed survey and based on the results it was recommended that we increase speed limits at that time.  Myself, and others on the Council were not in agreement with that recommendation and we declined to do so.  The law has since changed and now cities are allowed to preserve their existing speed limits in certain circumstances even if a speed survey would indicate otherwise.  To do so, we need to update our City ordinances to contain certain language and this is what we did last night.  There will be a second reading next meeting before the new ordinance takes effect.  As a result, no speed limit in town will be increasing which is a benefit to traffic and pedestrian safety.

- The GHAD Board also met to discuss the FY24 levy and budget.  Given the shortfalls in the GHAD that I have discussed previously, we discussed what strategic approach for the budget going forward.  The GHAD receives approximately $49K in assessment revenue each year.  Baseline expenses for administering the GHAD is approximately $28K.  There remains existing fund balance from historical legal settlements, but that figure is not large at approximately $76K.

The GHAD Board was presented with three budget approaches ranging from using current and prior funds on multiple inspections to conducting no activity and retaining all funds.  Ultimately we gave direction to the GHAD District Manager to prepare a budget that has some monitoring and inspection, with funds set aside for work necessary to pursue a local ballot measure for residents within the GHAD by mail.  Increasing the GHAD assessments is the only way that the GHAD will be able to be self sufficient and conduct the activities it was intended to do.  If we are unable to increase the assessments of the GHAD, then we will likely modify the actions that are conducted from the GHAD.  We will be discussing the logistics of a potential increase in assessments at a future meeting.

- We adjusted the salary schedules for certain leadership positions, and unleveled one existing position in order to be more competitive in recruitment and retention of talent.  While we recently brought on a new Finance Director, they left employment with the City unexpectedly without notice.  We continue to recruit for this position however it is likely that we increase our chance of attracting talent with this increased salary schedule.

*****

We discussed the proposed FY24 budget which reflected a surplus in the General Fund of approximately $7K which was inclusive of a transfer from the Pension Rate Stabilization fund in the amount of $125K. Pension expense has increased significantly this year and this fund was established for this purpose. Largely this budget holds the line as the City has a number of complexities primarily around vacant and new staff, and it will take time to work through onboarding before a realistic steady state can be determined.

Several of the specific funds reflect a deficit as well.  Streetlights, Stormwater, LMD, the Grove, and the GHAD all reflect deficits to some degree.  For some of these (Streetlights, Stormwater), we will be repurposing Gas Tax revenues to cover eligible costs within these funds.  For others (LMD, GHAD) we will be rebuilding the budget with the available funds as a constraint so we can assess what that level of service delivery that will look like.

While the current General Fund budget for FY24 reflects a modest surplus of $7K, a few items will add context to this figure.  It does not include any impact of current contract negotiations with the City's Miscellaneous employee group - any increase in compensation will have an unfavorable impact on the General Fund.  It includes $40K of one time spend related to technology projects that have not yet been identified and will be carved out which will have a favorable impact to the General Fund.  It includes additional fee revenue of $36K for user charges, but it does not include any fees that may be earned for special events held in the City.  Any fees earned from special events will have a favorable impact to the General Fund.

When the FY23 budget was approved, it was done so with an approximately $127K deficit.  Based on current projections we will end FY23 with an operating surplus of approximately $408K - representing a favorable swing of $535K.  This is due to a combination of greater than expected revenues, staff vacancies, and other savings.  Much of the discussion leading up to the current budget being adopted was around structural deficits, with negative projections for every year available.  This negative outlook has been utilized to support a narrative that taxes need to be increased.  As we can see with the current fiscal year, this significant deficit did not materialize for a variety of reasons calling into question prior predictions.

**** I will separate discussion of the Master Fee Schedule in its own post.

We appreciate you for reading this article.

We appreciate you for reading this article.

--------------------------------------------------------

Please support our cause with a small donation today!

Monday, May 22, 2023

City Council Meeting Summary - Car Shows 5-22-23

City Council Correspondence: The excerpts below have been sourced from the website of council member Jeff Wan to share with the Clayton Watch Community. You can access council member Wan's website by following this link: https://www.jeffwanforclaytoncitycouncil.net

While we may not always agree with the opinions shared, we believe in facilitating a platform for respectful debates. Thank you for contributing to the ongoing conversation in the comments section. Remember to keep your comments respectful and concise. 

------------------------------------------------------------

By Jeff Wan, Clayton City Councilmember

On City Events and Car Shows

At our last meeting there was a concern raised by Councilmember Cloven regarding the Classic Car Show series that the City has been sponsoring for many years. Apparently there was confusion as to whether or not it was a City sponsored event, and if not, why did the Car Show not pay the same fees for use of City property as other privately sponsored events. 

Click on the following link to watch coucil member Peter Cloven make a fool of himself. https://youtu.be/UCgq1KrVRms

Given the City is the one entering into contracts with vendors (2019 electronic draft, executed copy on file with the City), the City is the one soliciting donations and collecting receipts, it is clear that the Car Shows are City sponsored events. In fact, here are the minutes from 2015 that show the discussion around the City taking on the event. In addition, as it is a City sponsored event, the City is the one paying invoices. All of this should have been known to Cloven, as he was the one who signed their checks last year.










The City does not charge itself for use of its own facilities. The attempt to draw some kind of equivalency between a City sponsored event and a privately sponsored event is baseless. It's unfortunate that rather than look for ideas on ways the City could balance its budget, time is spent on frivolous political theater.

While Cloven should have known all of this, I could see how members of the public may have misunderstood who was putting on the Classic Car Shows. This is because historically in an effort to document the activities that would transpire, permits were pulled for certain City sponsored events. There is no requirement to pull permits or pay city fees for City sponsored events, but because it is important that the scope of each event is clear, the existing permitting process was used as a convenience. Later this year the City will adopt a comprehensive City Events Policy to add clarity to the overall process.

We appreciate you for reading this article.

--------------------------------------------------------

Please support our cause with a small donation today!