CITY COUNCIL OF AMADOR CITY
REVISED DRAFT. REGULAR MEETING AGENDA
THURSDAY, 19 SEPTEMBER 2024
7:00 PM
The agenda for this regular meeting is distributed to the City Council and posted in public locations in Amador City no less than 72 hours prior to the meeting. Any pertinent documents related to Regular Agenda Items will be distributed to Council Members no less than 72 hours prior to the meeting and available at City Hall during City Hall hours.
In-person participation by the public is welcomed. City Council Meetings will also be broadcast on the City's YouTube channel at: nttr _OJT! / a ini'i i lore i TV CO o ■‘v' Members of the public not attending in-person may submit written comments prior to the meeting by emailing their comment to the City Clerk at [email protected] before 11:00 AM on the day of the meeting. Emailed public comments will be distributed to City Council and made part of the official record.
In compliance with the Americans with Disabilities Act, individuals may request disability-related accommodations by contacting the City Clerk before 11:00 AM on the Monday before the Council meeting. City Hall is wheelchair accessible.
1. MEETING CALLED TO ORDER
FLAG SALUTE/PLEDGE OF ALLEGIANCE - Patricia Jane Groth
Leading City Council and the Amador City community in the Flag Salute and Pledge of Allegiance this evening is PJ Groth, who has recently started Transition Kindergarten and is learning to write letters of the alphabet.
2. 3. ROLL CALUESTABLISH A QUORUM
Council Members
Nikko Ambroselli, Susan Bragstad, Bruce Sherrill, Anne Kel-Artinian, Sandy Staples
4. APPROVAL OF CITY COUNCIL REGULAR MEETING AGENDA 19 SEPT 2024
5. PUBLIC COMMENT
Under provisions of the California Code, citizens wishing to address the Council for any matter not on the agenda may do so at this time. Comments are limited to five minutes or less. Under provisions of the California Government Code, the City Council cannot take action unless an urgent need arose after the posting of the agenda.
6. PRESENTATIONS/PROCLAMATIONS/APPOINTMENTS/CORRESPONDENCE 6A. Letter of Invitation to PJ Groth, 12 Sept 24
6B. Letter to City of Sutter Creek, 12 September 24
City Council of Amador City 1
7. CONSENT CALENDAR ITEMS
All matters listed under the Consent Calendar are to be considered routine by the City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these Items unless, before the City Council votes on the motion to adopt, members of the Council, staff or the public request specific items to be removed from the Consent Calendar for separate discussion and action.
7A. Regular Meeting Agenda Minutes of 15 August 2024
7B. Financial Report
8. ORDINANCES AND PUBLIC HEARINGS
9. REGULAR AGENDA ITEMS
9A. ACES/Delta Container discussion and possible action regarding rate adjustment and proposed multi-year Proposition 218 notice to
Amador City residents
letter, 6/11/24, from Paul Molinelli, Sr, President, ACES Draft Notice of Public Hearing: Proposed Adjustments to Rates for Solid Waste Service Fees
Attachments:
9B. Office of Cathy Castillo, CPA introduction and discussion of the audit process and timeline
9C. Amador Water Agency (AWA1: discussion and possible action regarding AWA request of easement for fire flow improvement project
Resolution No. 630
Easement Deed, description, exhibits from City Engineer Attachments:
9D. Bicycle Path Advisory Committee (BPAC): discussion and possible action regarding Phase 1 Planning of Roadway Multimodal Improvements
Between Cities of Amador City and Sutter Creek
Resolution No. 631
Map
Attachment:
9E. Weber. Ghio & Associates. Inc.: Compensation for City Enqineerinq Services Letter, 9/11/24
Professional Services Agreement, First Amendment
Attachment:
9F. Small Community Clean Water/Wastewater (SCWWL discussion and possible action regarding proposal to pursue SCWW Funding
Proposal Report
https;//www.qrants.ca.aov/arants/small-communitv-cleanAttachments:
water-wastewater-scww-fundin-g/
City Council of Amador City 2
9G. Domain acquisition for Amador Citv: discussion and possible action regarding a proposal to acquire a .gov domain for city use
Attachment: Proposal Outline
9H. Local Early Action Plan (LEAP) Grant: status of long-delayed LEAP project Attachment: Resolution No.613 approved on 23 May 2023
Proposed projects from application 2023
9I. Amador Citv Conflict of Interest Code: discussion regarding any need for Amador City to amend its conflict of interest code.
Attachment: Email from Fair Political Practice Commission 9J. Follow-up: Dissolution of Amador Regional Sanitation Aoencv (ARSA): discussion of proposed and existing agreements involving Amador City
and possible action regarding the dissolution of ARSA
Resolution No. 632
Amendment to the Joint Exercise of Powers Agreement
between the County of Amador, the City of Amador City,
and the City of Sutter Creek
Joint Exercise of Powers Agreement between the County of Amador, the City of Amador City, and the City of Sutter Creek, dated 17 Sept 1982
Joint Exercise of Powers Agreement between Cities of
Amador City and Sutter Creek, 13 April 1995
Attachments:
9K. Follow-up: Government of Amador Citv: discussion and possible action regarding the staff position titled "city manager"
Summary/Background
California Legislative Information
Letter, July 18, 2022, regarding position of City Manager Council-Manager Governments
Other Resources
Sample Contract for City Administrator
Attachments:
10. ADMINISTRATIVE REPORTS AND COMMENTS
10A. CITY MANAGER'S REPORT AND COMMENTS
10B. CITY ATTORNEY'S REPORT AND COMMENTS
IOC. CITY COUNCIL MEMBERS' REPORTS AND COMMENTS
10D. PERMIT LOG
11. REQUESTS FOR FUTURE AGENDA ITEMS
City Council of Amador City 3
CLOSED SESSION may be called for labor negotiations (pursuant to Government Code §54957.6), personnel matters (pursuant to Government Code §54957) real estate negotiations/acquisitions (pursuant to Government Code §54956.8), and/or pending or potential litigation (pursuant to Government Code §54956.9). Following Closed Session City Council will announce any action taken in Open Session.
12. 12A. Conference with Legal Counsel: Regarding potential litigation pursuant to paragraph (4) of subdivision (d) of section 54956.9.
Presenter: Pat Keene, City Attorney
13. ADJOURNMENT
The next regular scheduled City Council meeting is Thursday, 17 October2024 at 7:00 PM City Council of Amador City 4
6A
OITTT OF ^IwIA-DOPl CITY
INCORPORATED JUNE 2. 1915
C a. 1 i f o r n i GL
Patricia Jane Groth
PO Box 136
Amador City, CA 95601
12 September 2024
Dear PJ,
As Mayor of Amador City, I am writing to invite you to the City Council meeting on Thursday, September 19, 2024, to lead the City Council and the community in the Flag Salute and Pledge of Allegiance.
At the August City Council meeting, you asked me if you could do the flag salute and pledge of allegiance at the next meeting. You were brave, and confident, and strong, I think you will do a wonderful job leading everyone.
You have started going to school and are in transition-kindergarten, learning to write ail the letters of the alphabet. I like the letter "c" that you gave me and put on my refrigerator. It makes me smile every day.
See you next Thursday at 7:00 PM!
Sincerely,
Sandy Staples
Mayor, Amador City
[email protected]
209.481.1513
P.S. PJ, remember that you do not have to stay for the whole meeting (smile). (209) 267^0682 P. O. BOX 200 AMADOR CITY, CAUFORNIA 95601 6B
CITY OF ^3Vt-A.DOPl CITY
INCORPORATED JUNE 2. 1915
Oa^liTomia
City of Sutter Creek
18 Main Street
Sutter Creek, CA. 95685
12 September 2024
Re: City of Sutter Creek Sewer Service Bill
Enclosed please find a check in the amount of $8,273.00 from the City of Amador City for the balance due for the corrected billing of August (received August 26th) and the proper amount billed for September (received September 12th).
The assigned late fee of $371.30 is not included due to the need for a corrected bill with reimbursement for overcharges in July and in the original August bill (received August 12th). This required phone calls from the City Manager of Amador City (most recent one was August 15th) and emails to the City Manager of Sutter Creek (attached).
Amador City thanks you for acting in a timely manner regarding our concerns over the billing.
Sincerely,
Sandy Staples
Mayor, Amador City
(2i9P) 267-0682 P.O. BOX200 AMADOR CITY, CAUFORNIA 95601
CITY OF AMADOR CITY
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
THURSDAY, August 15, 2024, 7:00 p.m.
Meeting called to Order
Pledge of Allegiance - Petra Henry
Roll Call - Staples, Bragstad, Sherrill present, Kel-Artinian absent Approval of Agenda - Bragstad moved, 2"'' by Sherrill, approved unanimously Public Comment - Gary Brusatori, 10655 O’Neil Alley, withdrew his application regarding right of way and requested his deposit of $800 be returned. City Manager will contact Weber, Ghio, Sherrill moved, 2"<^ by Bragstad, approved unanimously Gary Brusatori also complimented the City on the recent landscaping work done on City Hall premises.
Presentations/Proclamations/Appointments/Correspondence - A. Letter to Petra Henry Consent Calendar - Minutes of July 18, 2024 Meeting, Bragstad moved, Sherrill 2"^^, approved unanimously; No financial Statements
Ordinances and Public Hearings - Non-Substantive Corrections, as requested by California Department of Tax and Fee Administration, to Ordinancer #186 approved May 28, 2024, Sherrill moved to approve ordinance with requested non-substantive corrections, 2"^ by Bragstad, approved unanimously
A. Open Seat of City Council - Letter of interest received from Nicola Ambroselli to open seat through December 31,2024. Sherrill moved, 2"'^ by Bragstad, approved unanimously At this point City Manager Dave Groth swore in Mr. Ambroselli who took his seat at the Council table. B. Aces Rate Adjustments - Multi-year Prop. 218 Notice of Public Hearing regarding muiti-year rates for solid waste service fees to be scheduled at least 45 days from notification to property owners and residents, -No action. C. Aces Assignment of Franchise Agreement - Bragstad moved, 2"«^ by Sherrill to approve, approved unanimously. D. Request for Proposal response from Cathy Castillo, CPA- tabled. E. Arsa Dissolution - Sherrill moved to approve Resolution # 630 Amending Joint Exercise of Powers Agreement between County of Amador, City of Amador City, City of Sutter Creek, no 2"«^. To be on September agenda. F. Government of Amador City - Determine if Council wishes to propose a change of City governance to a "council-manager" form of government through the ordinance process.Resident Gary Brusatori voiced objection.
Mayor to do further research. No action
Administrative Reports and Comments - A. City Manager reported last bill received from Sutter Creek indicated a 67% increase over previous bills. Sutter Creek stated it was a clerical error and they will correct. As of this writing no corrected bill has been received.
B. City Attorney - What is status of Broucaret issue (sewer spill) ? City Attorney said Closed Session will be required. C. Council Member Reports - Nicola Ambroselli welcomed to the Council, ACTC was a 5 hour meeting which included a Resolution honoring Susan Bragstad’s long tenure on the committee,passed Regional Transportation Plan for Road repairs and maintenance. D. Permit Log
Council Requests for Future Agenda Items - Prop. 218 Aces transfer to Republic, work being performed at residence on School Street should be reviewed by Design Review, owners have a permit.
Closed Session - None
Adjournment - Adjourned 8:20 p.m.
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13. 7B
6500 Buena Vista Rd lone, CA 95640
209-274-2237
aceswaste.conn received JUN2 42024
June 11, 2024
Ms. Joyce Davidson
City Clerk
City of Amador City
P.O. Box 200
Amador City, CA 95601
Attn: Ms. Joyce Davidson (city.clerk(Samador-citv.com)
Re: 2024 Rate Adjustment
Dear Ms. Davidson,
As per our contract requirements, please accept this letter as our official request to meet with you to discuss an adjustment in rates for solid waste and recycling collection in the City of Amador City.
Attached are your current rates, along with the proposed rates.
We would also like to discuss proposing a multi-year Proposition 218 notice this year. Other local jurisdictions have implemented up to five (5) year notices, which reduces costs associated with the rate adjustment process.
Please let us know if you have questions or need additional information.
Respectfully submitted,
O
^/A 7
Paul Molinelli, Sr.
President
Enclosures (2)
1. Proposed Rate Adjustment, effective 10/1/2024
2. Amador City P&L
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CITY OF AMADOR CITY
NOTICE OF PUBLIC HEARING
PROPOSED ADJUSTMENTS TO RATES FOR SOLID WASTE SERVICE FEES NOTICE IS HERBY GIVEN that the City of Amador City (“City”) will hold a Public Hearing on November 2V\ 2024 at 7:00PM in the City Hall, located at 14531 E School Street, Amador City, CA, to consider the adoption of adjustments to the rates for solid waste service fees applicable to the parcel for which you arc shown as the record owner or customer of record. The rate adjustment proposed to be imposed on your parcel (or to you as a direct customer) and the basis upon which it was calculated is described in more detail below.
The purpose of the hearing is to consider all written protests against the rate adjustments. As the record owner or customer of record of a parcel identified to be subject to the imposition of the proposed rate adjustment, you may submit a written protest against the proposed rate adjustments. However, if the identified parcel has more than one record owner and/or customer of record, only one written protest will be counted. Each protest must (1) be in writing; (2) state that you are opposed to the specific rate adjustments (for solid waste services); (3) provide the location of the identified parcel (by assessor’s parcel number or street address); and (4) include the original signature of the record owner or customer of record submitting the protest. Protests submitted by e-mail, or other electronic means will not be accepted. Oral comments at the public hearing will not qualify as formal protests unless accompanied by a written protest. Written protests may be submitted by mail or hand-delivered to the City Clerk, City of Amador City, P.O. Box 200, Amador City, CA 95601, or in person at the public hearing, so long as they are received prior to the conclusion of the public hearing on November 21, 2024. Please identify on the front of the envelope for any protest, whether mailed or submitted in person to the City Clerk, that the enclosed letter is for the public hearing on the solid waste rate adjustment.
If at the close of the public hearing, written protests against the proposed rate adjustment are not presented by a majority of the record owners or customers of record of the identified parcels upon which they are proposed to be imposed, the City Council may adopt the 2024 proposed rate adjustment to the solid waste service fee, to be effective December 1, 2024. If the Council approves the rate adjustments cap not to exceed 8% for the next three years, the rates will be adjusted annually thereafter each October 1, 2025 up to and through October 1, 2027. (209) 267-0682 P.O. BOX 200 AMADOR CITY. CAUFORNIA 95601
PROPOSED RATE ADJUSTMENTS
The City has awarded a franchise to ACES Waste Services that allows ACES to collect solid waste generated in Amador City from those customers who choose to receive solid waste service. The franchise agreement entitles ACES to receive periodic rate adjustments, calculated based primarily on annual percentage change for the prior calendar year, in the Consumer Price Index (CPI), All Urban Consumers for the San Francisco-Oakland-Hayward, CA Metropolitan Area, as determined by the United States Department of Labor Statistics and fees to dispose of the waste, such as tipping fees, pass-through county and landfill fees.
ACES has requested an adjustment to the solid waste fees for calendar year 2024, and proposed a three-year adjustment approval for rates not to exceed 8% for October 1, 2025 up to and through October 1, 2027. Adjustments for 2025 - 2027 will depend on changes in the disposal and CPI fees during the most recent 12 month period for which they are available. While the City currently maintains a rural exemption waiver from CalRecycle that exempts it from certain statewide organic waste collection requirements, the changes in CPI and increased disposal charged at landfills to meet State mandates are the driving forces for ACES rate changes. The multi-year adjustments are set forth as follows:
City of Amador City
ACES Solid Waste Services
Proposed Rate Adjustments
Current Monthly
Rate {thru
11/30/2024)
Proposed Rate
12/1/2024-
9/30/2025
Rate Year 1*
10/1/2025 -
9/30/2026
New Rate Year 2*
10/1/2026 -
9/30/2027
New Rate Year 3*
10/1/2027 -
9/30/2028
Residential Services
32-Gallon Weekly Pick-up $ 28.41 S 34.14 s 36.87 $ 39.82 S 43.01 ,64-Gallon Weekly Pick-up s 36.75 $ 44.16 $ 47.70 $ 51.51 $ 55.63 96-Gallon Weekly Pick-up $ 50.53 s 60.72 s 65.58 s 70.83 $ 76.49 Commercial Service
2-Yard Bin Weekly $ 249.99 S 300.42 S 324.45 S 350.41 $ 378.44 3-Yard Bin Weekly $ 376.47 $ 452.40 s 488.59 $ 527.68 $ 569.89 4-Yard Bin Weekly S 502.30 s 603.61 S 651.90 $ 704.05 s 760.37 6-Yard Bin Weekly $ 753.34 $ 905.28 $ 977.71 $ 1,055.92 $ 1,140.40 7-Yard Bin Weekly S 794.19 s 954.38 s 1,030.73 s 1,113.19 $ 1,202.24 ● Not to Exceed 8% * Not to Exceed 8% ● Not to Exceed 8% Proposed 4 year adjustment_eff 12.1.2024.xlsx
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMADOR CITY,
CALIFORNIA GRANTING AN EXCLUSIVE EASEMENT TO AMADOR WATER AGENCY (AWA) THROUGH A PORTION OF APN: 008-272-012
WHEREAS, the City received an encroachment permit application from AWA for a fire flow improvement project in Amador City; and
WHEREAS, Amador Water Agency requests City of Amador City grant a 20’ easement for the purpose of constructing and maintaining said fire flow improvements across portions of parcel APN 008-272-012, also being the Amador City School Parcel as set forth on Book 49 of Maps & Plats at Page 26 of Amador County Records; and
WHEREAS, City Engineer has prepared an Easement Deed, legal description, and exhibits.
NOW THEREFORE, BE IT RESOLVED City Council of Amdor City does hereby grant waterline easement to Amador Water Agency as set forth on attached deed and exhibits; BE IT FURTHER RESOLVED City Mayor, Sandy Staples is hereby authorized to execute the Easement Deed;
AND BE IT FURTHER RESOLVED City Clerk shall cause this resolution, and Easement deed and Exhibits A & B to be recorded with the Amador County Recorder’s Office in a timely manner.
The foregoing resolution was duly passed and adopted by the City Council of the City of Amador City at a regular meeting on the day of September 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF AMADOR CITY
Sandy Staples, Mayor
ATTEST:
.loyce Davidson, City Clerk
RECORDING REQUESTED BY:
AMADOR WATER AGENCY
MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO;
AMADOR WATER AGENCY
12800 RIDGE ROAD
SUTTER CREEK, CA 95685
A.P.N.; 008-272-012 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE
EASEMENT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S); DOCUMENTARY TRANSFER TAX IS $ ( ) Computed on full value of property conveyed, or
( ) Computed on full value less liens and encumbrances remaining at lime of sale. ( ) Unincorporated area ( X ) City of Amador City
FOR VALUABLE CONSIDERATION, RECIEPT OF WHICH IS HEREBY ACKNOWLEDGED,
CITY OF AMADOR CITY, AMADOR COUNTY, CALIFORNIA
Hereby GRANT(S) to:
AMADOR WATER AGENCY, A PUBLIC ENTITY
The following described easement located therein.
A perpetual, exclusive easement to construct, install, operate, inspect, repair, maintain, replace, improve, remove Agency pipelines and appurtenances thereto over, under, on, across and through a portion of City property being 14531 E. High School Street, (APN 008-272-012) located in Amador City, County of Amador, State of California which property is described as follows:
A portion of LOT 15, Block 3, of the Townsite of Amador City, being shown and delineated on that certain Record of Survey map. filed for record on July 28, 1995, in Book 49 of Maps and Plats, at Page 26, Amador County Records as Amador City School Parcel.
Said easement is twenty (20) feet in width and more particularly described on Exhibit “A” and set forth on Exhibit “B”, both attached to and made a part thereof.
Agency shall have reasonable ingress and egress across said City property for easement purpose. Agency operation and maintenance shall be installed and operated consistent with City and Agency standards.
Dated: Attest:
Sandy Staples, Amador City Mayor Joyce Davidson, City Clerk of the Board
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Exhibit “AJJ
A waterline easement twenty (20} feet in width along the South line of said School Parcel commencing at the Southwest corner of said Parcel; thence N 08°17’00” E approximately feet along the West line of said Parcel; thence, N 63°16'00” E less to the East line of said Parcel: thence. S 35°34’00” E to the Southeast corner of said Parcel: thence, S 63°16’00” W 77.63 feet more or Less along the South line of said Parcel to the point of beginning of the herein described 20 feet wide waterline easement; all as set forth on Exhibit B attached hereto.
feet more or
END DESCRIPTION
This legal description has been prepared by me or under my direction in conformance with Section 8761 of the Professional Land Surveyors Act.
Roark Weber, RCE 22295
Associate City Engineer
Date
CITY OF AMADOR CITY
MEMORANDUM
TO: Larry White
FROM: Weber
RE: AWA Water Line Easement
DATE: April 29, 2024
Please see attached easement deed, legal description, and exhibits. Thanks to AWA, the info they provided expedited the preparation.
Agency does not need easement in City streets; encroachment permit will provide for that. Fee for permit should cover City’s costs for your inspection and processing time.
Granting of easement requires City Council adoption of resolution authorizing Mayor to execute easement deed. Cost to AWA for easement preparation and processing should cover City Engineering cost for deed preparation and your coordination.
I’d recommend draft deed be sent to AWA District Engineer for review though 1 see no reason for any changes. As you know, we prepare these regularly, and “Easement Agreement" is not terminology used.
Enclosures:
Easement Deed
Legal Description - Exhibit A
#2298-010
Weber Memo to Larry_2024-04-29
Cc: City Engineer
CITY OF AMADOR CITY
Resolution No. 631
Amador City to Sutter Creek Multimodal Improvement Resolution WHEREAS, the cities of Amador City and Sutter Creek wish to improve safety and awareness of multi-modal travel between the two cities: and,
WHEREAS, an ad-hoc Bicycle and Pedestrian Advisory Committee (BPAC), composed of representatives from both cities has developed conceptual plans for measures to improve safety and awareness of multi-modal travel; and,.
WHEREAS, the Cities approved resolutions in support of specific measures identified to support safety and awareness between the cities and have conducted a public interest Workshop to survey the Public to determine the favorability of segment improvements; and, WHEREAS, at the Workshop members of the public reviewed potential improvements identified along several segments on a route between the two cities and identified preferred improvements to each segment; and.
WHEREAS, those preferred improvements and Workshop findings were summarized and presented to each city council.
WHEREAS, each of the city councils created a sub-committee to review the segments and select improvements that would benefit the route between cities to improve safety and awareness; and.
WHEREAS, the Pbas-. preferred roadway segments and improvements have been identified by both cities' sub-committee representatives and are outlined as the following:
● Main St. Downtown Sutter Creek / Eureka St. to Amelia St / Old SR 49 o Signage (bike route, share the road) along Spanish/Badger and Amelia streets in Sutter Creek
● Old SR 49 & Amelia St./Amador Road ntersectio;
o Crosswalk Improvements
● Turner Road : Old SR 49 / Amador Road to String Bean Alley o Motion activated solar beacons at low visibility points of Turner road ● Turner Road : String Bean Alley to Water Street (Amador City) o Signage (bike route, share the road) on Water Street into Amador City WHEREAS, the BPAC has also identified Phase II improvements consisting of improvements at:
Gopher Flat / Sutter Creek M Street inlersectioi
● SR 49 . Stringbean Alley intersection
● Stringbean Alley repaving,
NOW. THEREFORE BE IT RESOLVED, that the City Council approves the Phase 1 planning resolution, at no expense or financial commitment from City Council, on proposed roadway segment multimodal improvements between Amador City and Sutter Creek.
Signature City Councilmember Signature Mayor
Signature City Councilmember Signature City Clerk
Signature, City Councilmember
Signature. City Councilmember
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P.O. Box 251
394 E. St. Charles Street
San Andreas, CA 95249
(209) 754-1824
September 11,2024
City of Amador City
Dave Groth
P.O. Box 200
Amador City, CA 95601
RE Compensation for City Engineering Services
As of March 16,2015, WGA was no Longer able to provide City Engineering Services on any Caltrans Federally funded projects. Ifthe City decides to pursue future funding, a new contract will be needed pursuant to Caltrans LAPM.
In 2019, WGA requested and received a change in compensation for professional services provided to the District. This rate schedule has been in effect since March 2019.
WGA has strived to control costs in order to provide services in the most cost effective manner.
Unfortunately, due to costs beyond our control, expenses have continued to increase significantly during the last five years. In order to retain qualified personnel and provide the level of service required by the District, we hereby request an increase in compensation to the 2024 Rate Schedule (attached). You will find these rates comparable or lower than local professionals providing these services.
We respectfully request the District consider this change in compensation to be effective October 1,2024.
Should you have questions regarding this request, please contact me at your convenience. latt Ospilial,
Attachments:
Professional Services Agreement - First Amendment
Exhibit A- Rate Schedule
CITY OF AMADOR CITY
PROFESSIONAL SERVICES AGREEMENT
FIRST AMENDMENT
This FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT {"Amendment”) is made effective as of this
Amador City, a municipal corporation (“City”), and Weber, Ohio and Associates Inc., a California corporation (“Consultant"), for the purpose of amending the “Agreementfor Professional Consulting Services” entered into between City and Consultant on March 16, 2012 (“Agreement”). day of 2024, by and between the City of
BECIIALS
WHEREAS, City and Consultant have previously entered into the Agreement, providing for City Engineer and similar sen/ices by Consultant; and
WHEREAS, pursuant to Subsection 6.1 of the Agreement, City and Consultant may only amend or modify the Agreement under a written amendment to the Agreement signed by City and Consultant; and
WHEREAS, City and Consultant desire to modify and amend the Agreement as set forth in this Amendment;
TERMS
In consideration of the foregoing recitals, the mutual understandings contained in this Amendment, and other good, valuable and sufficient consideration, City and Consultant agree as follows:
INCORPORATION QF RECITALS. City and Consultant acknowledge that the above recitals are true and correct, and incorporate those recitals by reference into this Amendment.
1. COMPENSATION. Exhibit B of the Agreement is amended to read in full as set forth in the attached Exhibit A - Rate Schedule, incorporated by this reference.
2. AGREEMENT- City and Consultant agree and acknowledge that except as explicitly modified by this Amendment, the Agreement remains in full force and effect.
3. In witness whereof. City and Consultant have executed this Amendment on the day and year first above written.
CITY OF AMADOR CITY WEBER, GHIO & ASSOCIATES, INC.
By: By;
David Groth, City Manager MattOspital, Pr^ident
Exhibit A
Rate Schedule
Effective October 1,2024
Principal Engineer $200/hour
Senior Civil Engineer $180/hour
Associate Engineer $160/hour
Project Manager $150/hour
Engineering Technician $140/hour
General Office Personnel $110/hour
Resident Engineer $180/hour
Construction Manager $170/hour
Construction Inspector I $130/hour
Construction Inspector I I* $160/hour
Senior Building Inspector $150/hour
2 Man Survey Field Crew $275/hour
1 Man Survey Field Crew $200/hour
Court Appearances - Expert Witness $350/hour, $600 minimum
1.3 times rate
1.7 times rate
Overtime (all Saturday work, is overtime)
Double-time (all Sundays and Holidays)
Mileage v^ill be billed at the current Federal/State reimbursement rate. * Prevailing Wage: Group 2
Rate to be applied to travel time, depositions, and court appearances.
LARGE FORMAT PRINT SCHEDULE
18”x26” Bond Print $4.50/each
24”x36” Bond Print $7.50/each
36”x48” Bond Print $14.00/each
Materials and Outside Services will be billed at actual cost plus 15%.
Nicola Ambroselti
PO Box 501
Amador City, CA 95601
coating_friliy.Ow(o^icloud.com
7th September 2024
Pursuing Small Community Clean Water/Wastewater (SCWW) Funding for Our City
Dear Fellow Council Members
I’m writing to propose that we actively pursue the Small Community Clean WaterA/Vastewater (SCWW) Funding to address our community's current and future water and wastewater needs. After careful consideration of our city's infrastructure challenges and the benefits this funding can provide, I believe this is an opportunity we cannot afford to overlook.
Addressing Aging Infrastructure
As we are aware, our water and wastewater systems, much like those in many small communities, are aging and will require significant investment to maintain compliance with environmental standards and to serve our residents reliably. Pursuing SCWW funding would allow us to make critical repairs and upgrades without placing an undue financial burden on our city’s budget or residents.
Enhanced Environmental Protection
This funding will not only help us ensure compliance with state and federal water quality regulations but also bolster our efforts to protect our local environment. With upgraded wastewater infrastructure, we can reduce harmful pollutants from entering local water sources, contributing to a cleaner, healthier environment for all.
Economic Benefit and Cost Savings
The SCWW funding is specifically designed to assist small communities like ours, ensuring that we can access state or federal assistance without the need for extensive matching funds. This means we could tackle major infrastructure projects without drastically increasing water and sewer rates for our residents.
By proactively applying for this funding, we can save the city money in the long term while securing the health and safety of our community’s water systems.
Supporting Future Growth
As our city continues to grow, our water and wastewater infrastructure must be capable of supporting increased demand. By securing this funding, we can future-proof our systems, ensuring we’re well-equipped to handle population growth and economic development without the strain of outdated infrastructure.
Strengthening Community Resilience
Finally, securing SCWW funding would enhance our city’s resilience to natural disasters and unforeseen events that could affect our water and wastewater systems. Investing In this area now will help us mitigate risks, such as droughts, floods, and aging system failures, ensuring that we remain prepared for whatever challenges the future may bring.
I urge you all to consider the significant advantages this funding would provide and to join me in supporting this initiative. Let’s work together to ensure that our city’s water and wastewater systems continue to sen/e our community for generations to come.
Thank you for your time and consideration.
Sincerely,
Vr^ /
Nicola Ambroselli
Amador City Councilman
9Gi
Outline for .gov Domain Acquisition for Amador City
Purpose
To outline the process, benefits, and costs associated with acquiring a . gov domain for the city to enhance credibility, security, and public trust in our digital presence.
1. Introduction
● Objective: To register a city-branded . gov domain for official use. ● Rationale: A . gov domain enhances trust, security, and legitimacy in all city communications, websites, and services.
2. Benefits of a .gov Domain
● Trust and Legitimacy: Instantly recognizable as an official government entity. ● Enhanced Security: Comes with heightened cybersecurity measures like DNSSEC and protection from spoofing.
● Credibility: Helps the public identify and trust official city information, reducing the risk of fraud.
3. Eligibility
● Government Entity: The city qualifies as an eligible government entity to register a . gov domain.
4. Cost Overview
● Annual Fee: $400 per year for maintaining the domain.
5. Process for Obtaining the Domain
1. Select Domain Name: Choose a domain that reflects the city (e.g., amadorcity.gov).
2. Gather Required Information:
o Agency name and organization type,
o Authorizing official (e.g., City Manager or Mayor),
o Points of contact for administration, billing, and technical management.
3. Submit Application: Through the official dotgov.gov website.
4. Approval and Domain Setup; Await approval and manage DNS settings.
5. Annual Payment; Pay the $400 annual fee upon approval.
6. Next Steps
● Assign ongoing management of the .gov domain.
9H
CITY or AMADOR CIT>'
RESOLUTION NO. <?/5
A RESOLUTION OF THE CITY COUNCIL OF AMADOR CITY AUTHORIZING APmCAt ION 1 OR, AND RCCLII’T Of, IOCAI
GOVERNMENT PLANNING SUPPORT GRANT PROGRAM FUNDS
WHEREAS, pursuant to Health and Safety Code 50515 et, Seq, the Department of Housing and Community Development (Department) is authoriied to issue a Notice of Funding Availability (NOFA) as part of the Local Government Planning Support Grants Program (hereinafter referred to by the Oepartment as tlie Local Early Action Planning Grants program or LEAP); and
WHEREAS, the City Council of Amador desires to submit a LEAP grant application package ("Application’'), on the forms provided by the Department, for approval of grant funding for projects that assist In the preparation and adoptiott of planning documents and process improvements that accelerate housing production and facilitate compliance to implement the sixth cycle of the regional housing need assessment; and WHEREAS, the Department has issued a NOFA and Application on January 11, 2020 in the amount of $119,040,000 for assistance to all California jurisdictions; Now, therefore, the City Council of Amador City ("Applicant") resolves as follows; SECTION 1. The Mayor is hereby authorized and directed to apply for and submit to the Department the Application package;
SECTION 2. In connection with the LEAP grant, if the Application is approved by the Department, the Mayor of the City of ^ Amador City Is authorized to submit the Application, enter into, execute, and deliver on behalf of the Applicant, a State ^ of California Agreement (Standard Agreement) for the amount of $65,000, and any and all other documents required deemed necessary or appropriate to evidence and secure the LEAP grant, the Applicant's obligations related thereto, and all amendments thereto; and
SECTION 3. The Applicant shall be subject to the terms and conditions as specified In the NOFA, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement, Pursuant to the NOFA and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application.
ADOPTED ON May^^2023, by the City Council of Amador City by the following vote count; NOESrr^”
ABSTAIN!-^
or
are
AYES;
ABSENT:
^—'
ATTI
Joyre Davidson, Clerk
APPRO^foP''
Anne Kel*Artlnian, lyor
Local Early Action Planning Grant Application
isii
State of California
Governor Gavin Newsom
Alexis Podesta, Secretary
Business, Consumer Services and Housing Agency
Doug McCauley, Acting Director
Department of Housing and Community Development
Zachary Olmsted, Deputy Director
Department of Housing and Community Development
Housing Policy Development
2020 West El Camino, Suite 500
Sacramento, CA 95833
Website: https://www.hcd.ca.qov/qrants-fundinq/active-fundinq/leap.shtml Email: [email protected]
January 27, 2020
C. Project Description
Provide a description of the project and each activity using the method outlined below, and ensure the narrative speaks to Attachment 1: Project Timeline and Budget. a. Summary of the Project and its impact on accelerating production b. Description of the tasks and major sub-tasks
c. Summary of the plans for adoption or implementation
Please be succinct and use Appendix A or B if more room is needed.
While Amador City is the smallest city in California with an equally small budget, we still have to comply with all the necessary state regulations. The financial challenge to keeping compliant with current regulations is a constraint to housing and has the potential to become even more problematic.
Staff has reviewed deficiencies in reporting and compliance and has identified three projects which would provide compliance with current regulations and/or reduce potential liabilities that could significantly impact the City s General Fund and thus ability to provide planning services for additional housing. The three projects are as follows:
1. Municipal Code Updates: The City is in the process of updating the Housing Element of the General Plan in compliance with the HCD s 6th Cycle. This update will mandate amendments to the Municipal Code to address current housing legislation and remove constraints to new housing development. The City will need to hire a planning consultant to perform the work.
2. Accessibility Compliance: Accessibility to city facilities can be a housing constraint to those with disabilities. Additionally, potential lawsuits resulting from lack of accessibility could have a devastating impact on the City s General Fund which could result the inability to provide planning services. The first step in addressing accessibility issues is to review facilities and outline a compliance plan. The City is in receipt of a proposal to review and prepare a plan for the City to be in compliance with both California State disabled access standards and the Federal ADA Standards for Accessible Design.
3. Sewer System Master Plan (SSMP) Update: The State of California requires publicly owned sanitary sewer systems to develop and implement a Sewer System Management Plan (SSMP), including measures to control and mitigate sewer spills. Amador City is due for a comprehensive update in order to ensure compliance with state regulations. Non-compliance and insufficient maintenance of the City s sewer collection system could be a constraint to new housing development. The City Engineer has provided a proposal to update the City s SSMPas it has not undergone a comprehensive update since 2015.
Amador City is essentially staffed by consultants. For this reason, a small portion of the grant funds will be utilized to pay for administration of the grant.
LEAP NOFA Application Rev. 6/1/2020 Page 5 of 14
91 From: [email protected] ^
Subject: Re: FPPC Conflict of Interest Code Biennial Notice Requirements tor Cities Date: May 2. 2024 at 10:32AM
To: Sandy Staples [email protected]
We would probably be best served to have this on next month’s agenda. I will review it and be prepared to do a presentation for the council regarding the issues.
Dave
Sent from my iPad
On May 2, 2024, at 9;56 AM, City Clerk <[email protected]> wrote:
FfYl and action. Joyce
Forwarded Message
SubjectiFPPC Conflict of Interest Code Biennial Notice Requirements for Cities DateiWed, 1 May 2024 21:08:31 +0000
From:biennialnotice <[email protected]>
To:bienniainotice <[email protected]>
Good afternoon,
The Political Reform Act requires each city to review its conflict of interest code bien/iially and notify the City Council as to whether or not the ct^de needs to be amended, completed biennial notice must be submitted to t
October 1, 2024. The appropriate documents are attached andlfiay^e accessed on the FPPC’s website.
le
ityCounci! no ban
You are encouraged to review the online webinar on how to amend a conflict of interest code. The webinar is located on FPPC’s Training and Outreach page.
Please forward this email and the attached materials to vour City Attorney. If you are not the individual that will complete the biennial notice, please also forward this information to the appropriate city employee.
If you have any questions, please contact the FPPC at (866) 275-3772 or [email protected].
Legal Division
Fair Political Practices Commission
916-322-5660 I 1-866-275-3772
www.fppc.ca.gov [email protected]
Confidentiality notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any review, use, disclosure, or distribution not authorized by the intended recipient(s) is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the anginal message.
2024 Local Agency Biennial Notice
Name of Agency:.
Mailing Address:
Contact Person: Phone No.
9J
RESOLUTION NO. 632
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMADOR
CITY AGREEING TO TERMINATE AND DISSOLVE THE AMADOR
REGIONAL SANITATION AUTHORITY (ARSA) AND AUTHORIZING
CITY OF SUTTER CREEK TO BECOME ARSA’S SUCCESSOR-ININTEREST FOR ALL PURPOSES WHEREAS, the Amador Regional Sanitation Authority (“ARSA”) is a public entity formed pursuant to a certain Joint Exercise of Powers Agreement, as amended, (“JPA”) in accordance with Government Code section 6500 et seq.\ and WHEREAS, ARSA is currently comprised of three member entities, namely, the County of Amador, the City of Amador, and the City of Sutter Creek; and WHEREAS, on August 15, 2024, the JPA was amended (“Operative JPA”) to modify Paragraphs 9.1 and 9.2, to allow termination of ARSA and allow the City of Sutter Creek to become a successor-in-interest to ARSA for all purposes, and WHEREAS, all necessary conditions precedent have been completed and satisfied, including any and all formal assignments and/or transfers to the City of Sutter Creek, of all of ARSA’s rights, duties, contracts, assets, liabilities, monies, property (both real and personal); and WHEREAS, pursuant to the 2024 Amendment, the member agencies now desire to make the City of Sutter Creek the successor-in-interest to ARSA, for all purposes, and to terminate the operative JPA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AMADOR CITY RESOLVES AS FOLLOWS:
That the City of Amador City hereby agrees to terminate the Operative JPA to dissolve ARSA, and further agrees that the City of Sutter Creek shall become ARSA’s successor-in-interest for all purposes.
Section 1.
That, pursuant to Paragraph 9.1 of the Operative JPA, the effective date of such termination of ARSA and succession by the City of Sutter Creek shall be the date that the second member agency under the operative JPA adopts a resolution to this effect (provided that one such member agency must be the City of Sutter Creek).
Section 2.
That the City Mayor is hereby authorized to execute any documents (including any agreement memorializing such termination), and take any other actions reasonably necessary, to effectuate and implement the orderly and timely succession of City of Sutter Creek and the dissolution and termination of ARSA.
Section 3.
Section 4, This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Amador City this 15th day of August, 2024, by the following vote:
AYES;
NOES:
ABSENT:
ABSTAIN;
Sandy Staples, Mayor
ATTEST:
Joyce Davidson, City Clerk
AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE
COUNTY OF AMADOR, THE CITY OF AMADOR CITY, AND THE CITY OF SUTTER CREEK
This Amendment to the Joint Exercise of Powers Agreement between the County of Amador, the City of Amador City, and the City of Sutter Creek (“Amendment”) is entered into this 15th day of August, 2024, by and between the County of Amador, the City of Amador City, and the City of Sutter Creek, hereinafter collectively referred to as “members ”
RECITALS
WHEREAS, on September 19, 1978, the County of Amador and the cities of Amador City, Jackson, and Sutter Creek entered into a joint powers agreement (“Agreement”) to establish the Amador Regional Sanitation Authority (“ARSA” or “JPA”) and implement a regional wastewater disposal plan; and
WHEREAS, on November 15, 1982, the agreement was amended in its entirety to remove the City of Jackson as a member (the “Amended Agreement”); and WHEREAS, the members desire to further amend the Amended Agreement to allow for the City of Sutter Creek to succeed ARSA for all purposes upon termination and dissolution of the JPA,
NOW, THEREFORE, the Board of Supervisors of the County of Amador, and the City Councils of the Cities of Amador City and Sutter Creek, for and in consideration of the mutual promises and agreements herein contained do agree as follows:
TERMS
Subparagraph 9.1(a) of Article IX of the Amended Agreement is hereby amended in its entirety to read as follows;
“(a) This amended agreement shall continue until terminated by agreement of a majority of the members hereof; provided, however, that should the City of Sutter Creek become successorin-interest to ARSA for all purposes (pursuant to Subparagraph 9.1(b)), then the City of Sutter Creek must be one of such members agreeing to terminate and dissolve ARSA. The parties may agree to terminate by resolution of the member agencies’ governing bodies.”
1. Subparagraph 9.1(b) of Article IX of the Agreement is hereby amended in its entirety to read as follows:
2. “(b) The member agencies may, pursuant to subparagraph 9.1 (a), agree to terminate the JPA to dissolve ARSA and authorize the City of Sutter Creek to succeed ARSA for all purposes.
Should the City of Sutter Creek be intended to succeed ARSA, the City of Sutter Creek shall first give permission to the other member agencies to proceed with the dissolution before dissolution occurs. ARSA shall otherwise dissolve and terminate as set forth in subparagraph (a) hereof In such case, the City of Sutter Creek shall have the legal power and authority to be the successor-ininterest to ARSA, for ail purposes. The City of Sutter Creek shall then operate, maintain, and pay 1 82456,00000\42389342.1
for the Regional Outfall and assume all duties previously borne by ARSA, as its successor in interest to ARSA. Nothing shall preclude the City of Sutter Creek from entering into separate agreements or arrangements with the City of Amador City or the County of Amador with respect to costs for such wastewater treatment services.
3. Section 9.2 of Article IX of the Agreement is hereby deleted in its entirety. 2 82456.00000\42389.342.1
IN WITNESS WHEREOF, the members hereof have caused this Amendment to be executed by their duly authorized officers, on the first date listed above.
CITY OF SUTTER CREEK
[name], [title]
ATTEST:
[name], [title]
CITY OF AMADOR CITY
Joyce Davidson, City Clerk
ATTEST:
[name], [title]
COUNTY OF AMADOR
[name], [title]
ATTEST:
[name], [title]
3 82456,00000\42389342.1
\' v'-‘
/ )●
(
1 (September 11, 1982)
2 AN AGI^EEMENT AMENDING A JOINT PXPRrTCTr
BETWEEN THE COUNTY OF L^DOr; rafciT? O^ SdOR
CITY OF JACKSON, AND THE CITY OF SETTER CREEK FOR THF^
PURPOSE OF CREATING AN AGENCY FOR IMPLEMENTiL ^PFC^ONAt
WASTEWATER DISPOSAL PLAN ING A REGIONAL
TH
3 E
4 5
6 THIS AGREEMENT is entered into this /S'
t 1982, by and between the
and the cities of Amador City, Jackson,
the following terms and conditions.
day of
County of Amador,
and Sutter Creek, on
7 8
9 10
WHEREAS, on September 19,
powers agreement between and
1978, a joint exercise of
among the aforementioned
[ 1
12 entities was entered into in order to implement
wastewater development plan,
the Amador County Wastewater Management Plan
a regional
specifically Appendix "L of
13 14
,- dated
15 November, 1977, approved by the Division of Water
the State Water Resources Control Board, which pla
Quality of
16 n
17 required,
regional outfall and
j.nter alia, the development and construction of a
18 appurtenant facilities to extend from a
19 point immediately west of the City of Sutter Creek
plant to the Californi
known as Preston School
la Youth Authority facility n
of Industry (hereinafter
treatment
20 ear lone.
21 referred to
and
22 as the 1978 Regional Outfall'');
23 WHEREAS, the City of Jackson ("Jackson hereinafter)
said 1978 Regional
from its treatment plant
after making extensive improvements to
24 desires to terminate its participation in
Outfall and to discharge directly
into Jackson Creek
25 26
27 said treatment plant;
WHEREAS, the
rem
and
28 aining members of the joint powers
1 r. (V- 1
agency created by the 1978 agreement (“ARSA hereinafter) desire to continue the joint pov/ers agency formed by
1978 agreement, but on an amended basis to allow Jackson to said
2 3
4 terminate its participation therein on certain terms and conditions; 5
6 THEREFORE, the board of
supervisors of the County
("County" hereinafter) and the city councils of the cities of Amador City and Sutter Creek
Creek” hereinafter) for and in
("Amador City
consideration of the mutual
and "Sutter
7 8
9 10
promises and agreements herein
in the form set forth herein.
contained do
shall continue
agree that ARSA
11 and the city
promises and agrees that Jackson shall
12 council of Jackson
13 not be a party to ARSA; provided, however, that the
14 agreement set forth
as Attachment I hereto, between ARSA and
15 Jackson, shall be in full force and effect and binding,and 16 all amounts due and owing from Jackson to ARSA set forth as conditions precedent to Jackson's
17 therein paid,
withdrawal from ARSA 18
as formed in 1978:
ARTICLE I - AUTHORITY
19 20 Section 1.1 Creation of Authority. Pursuant to
21 Articles I and II (commenci
mg with Section 6500) of Chapter
of Title I of the California Government Code
22 5, Division 7,
(hereinafter referred to
continued in full force and
the
as
23 the Act"), there is hereby
effect a public entity known
Amador Regional Sanitation Authority", hereinafter
24 as
25 The Authority is a public
members and shall
26 referred to as the Authority",
entity separate and apart from the
27 28 administer this agreement.
2 r
\ {: C
ARTICLE II PURPOSE
2 Section 2.1 Purpose. The purpose of this agreement
agency established in 1970,
After all conditions
3 shall be to continue the
4 allowing the withdrawal of Jackson.
5 precedent have occurred after
shall cease immediately to be
The public entity, the Authority,
purpose the continued maintenance and
Regional Outfall currently in place,
or as
executi
a membe
on hereof, Jackson
6 r of the Authority,
shall have as a specific
operation of the 1978
7 8
9 or as set forth herein,
may be amended by the legislative bodies of all of the
10 ( 1
members hereto. excluding Jackson, and, in addition, to maintain and operate other wastewater
facilities which the Authority determines will have regional benefits.
design, construct.
12 13
14 15
ARTICLE III - GOVERNING BOARD
16 Section 3.1 Governing Board,
administered by a Governing Board which shall d
consist of five (5) directors.
The Authori
-- i
ty shall be
17 nitially
One (1) director shall be
18 19
appointed by the city council of Amador City,
directors shall be
appointed by the city coun
two (2)
20 cil of Sutter
21 Creek, and two (2) directors shall be
of supervisors of Amador County
appointed by the board
The Governing Board shall
22 .
Governing Board of the Amador
23 be called the
Sanitation Authority,
shall reside in the Governing Board.
Section 3.2
All voting p
Directors Terms
Regional
24 ower of the Authority
25 26
. Each director shall
27 serve at the pleasure of the member which appointed him.
Vacancies on the Governing Board shall be filled by the 28 3
r
1 respective appointing members.
Section 3.3 Compensation.
2 The directors of the
Governing Board may receive compensation may be from time to time established by said Governing Board and also actual expenses for travel as may be authorized from time to time by said Governing Board.
3 4
5 6
7 Section 3.4 Regular Meetings. The Governing Board
provided, however,
that at least one regular meeting shall be held each
shall provide for its regular meetings;
year.
8 9
The date, hour and place of the holding of regular meetings shall be fixed by resolution of the Governing Board and a copy of such resolution shall be filed with each member 10 U
12 13 thereof.
14 Section 3.5 Ralph M. Brown Act. All meetings of the
15 Governing Board, including without limitation. regular, adjourned regular and special meetings, shall be called noticed, held and conducted in accordance with the
16 17
18 provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code.)
Section 3.6 Minutes. The Secretary of the Autho
19 20
rity
shall cause to be kept minutes of the meetings of the
Governing Board and shall, soon as possible after each
21 22
meeting, cause a copy of the minutes to be forwarded
director and to each member.
as
to ea
23 ch
24 25 Section 3.7 Quorum. A majority of the Governing Board shall constitute a quorum for the transaction
provided, however, that the affirmative vote of
of business;
a majority
26 27
necessary for the approval of any
28 of all directors shall be
4 f' c
1 action of the Governing Board.
Section 3..8 Rules. The
2 Governing Board of the
Authority may adopt from time to time such rules and
regulations for the conduct of its meetings and affai
3 4
rs as
5 necessary for the purposes hereof. are
6 ARTICLE IV - OFFICERS AND EMPLOYEES
Section 4.1 Chairman, Vice-Chairman an
7 d SecretaIZ8
The Governing Board shall elect
and shall appoint a Secretary who may.
The officers shall perform the duties normal to
a Chairman and Vice-Chairm
but need not, be a
director.
an
9 10
11 said offices; and
12 (a) the Chairman shall sign all contracts
the Authority, and perform such other dutie
imposed by the Governing Board;
the Vice-Chairman shall
perform all of the Chairman
Chairman; and
s as
and
(b) act, sign cont
s duties in the abse
on behalf of
13 may be
14 15
racts and
16 nce of the
17 18 (c) the Secretary shall countersign all
behalf of the Authority, perform such
imposed by the Governing Board and
agreement
contracts on
other duties as may be
cause a copy of this
to be filed with the Secretary of State pursuant
to the provisions of California Government Code Section 19 20
21 22
23 6503.5.
24 Section 4.2 Treasurer. The Treasurer-Tax Collector of Amador County is hereby designated as the Treasurer
Authority, and as the depositary to have custody of all of the money of the Authority from whateve
Clerk-Auditor of Amador County is hereby designated as the of the
r source. The
25 26
27 28
5 f r i
\
Auditor~Controiler of the Authority.
Auditor-Controller shall have the duties
The Treasurer and the
and obligations set
forth in Government Code Sections 6505 and 6505.5 and shall 2 3
4 assure that there shall be strict accountability of all funds and report of all receipts and disbursements of th 5 e
6 Authority. The Board of Supervisors of Amador
determine charges to be made
County shall
against the Authority for the
and Clerk-Auditor,
actual costs to the County for
7 8
services of the Treasurer-Tax Collector
9 such charges not to exceed
such services. 10
n Section 4.3 Bonding Persons Havinc Acce
ss to Property,
the Governing Board shall designate the
12 From time to time,
public officers or
Auditor-Controller,
13 in addition to the Treasurer and persons,
14 having charge of handling or having
access to any property of the Authority, and the respect 15 ive
Treasurer and
16 amounts of the official bonds of the
Auditor-Controller and such other
Section 6505.1 of the Act.
per
17 sons pursuant to
18 19 Section 4,4 General Manager. The Governing Board
power to appoint a General Manager of the
Ihe General Manager shall perform such duti■le
20 shall have the
21 Authority.
s as
22 may be imposed on him. by the Governing Board and shall report to said Board at such times and
matters as said Board
concerning such
may require
23 24
.
Legal Advisor. 25 Section 4.5
The Governing Board shall
a legal advisor of the Authority,
26 have the power to appoint
which person shall be
any
27 person who is licensed to practice
and who shall perform such
28 law in the State of California,
6 (
1 duties as may be prescribed by the Governing Board.
Governing Board, may change legal advisors at any time.
Section 4.6
S
Other Employees. The Governing Boar
aid
2 3
d
shall have the power to appoint and employ such other
4 5
officers, employees. consultants, advisors and independent 6 contractors as
may be necessary for the purposes hereof,
including a chief engineer v;ho shall be any person who i 7 s a
8 registered engineer in the State of California,
shall perform such duties
Governing Board.
as may be prescribed
and who
9 by the
10 n ARTICLE V POWERS
12 Section 5.1 General Powers. The Authority created by this agreement shall exercise in the manner hereafter
13 14 provided the powers,
the entities and
nec
and only the powers, common to each of
15 essary to the accomplishment of the
The Authority shall be a public
The Authority
16 purposes of this agreement,
entity separate from the members hereof.
17 18
shall have the power to design.
Regional Outfall, which may be amended,
pov;er to finance.
constru
acquire,
ct, and operate the
19 and shall have the
construct, manage, operate and
maintain the facilities related thereto and other wastewate 20 21
r
22 collection, treatment.. and transportation facilities, subject to the provisions of this agreement.
23 24 Section 5.2 Specific Powers. The Authority is hereby to do all acts necessary for
powers for the
including, but not limited to.
25 authorized, in its own name,
the exercise of the foregoing general
26 27
purposes of this agreement,
any or all of the following: 28
7 r‘.
1 (a) to make and enter into contracts;
to employ agents or employees;
to acquire. construct, manage,
2 ib)
3 (c)
or improvements;
hold or dispose of property;
to sue and be sued in its own name;
maintain
to acquire.
or operate
4 any buildings, work.
5 (d)
6 (e)
7 (f) to incur debts. liabilities or obligations;
8 (g) to apply for, accept, receive and disburse grants, loans and other aids from any agency of the United States of 9 10
America or of the State of California;
to invest any money in the treasury pursuant to
fh) II
12 Government Code Section 6505.5 that is not required for the immediate necessities of the Authority,
determines is advisable
as the Authority
/ in the same manner and upon the
13 14
15 same conditions as local agencies,
of the Government Code; and
pursuant to Section 53601
16 17 (i) to carry out and enforce all of the provisions of 18 this agreement.
19 ARTICLE VI - METHOD OF PROCEDURE AND DUTIES OF
Section 6.1 Assumption of Responsibilitie
AUTHORITY
20 s. Upon
organization of the Governing
21 completion of the initial
22 Board,
as amended, the Authority shall
for maintaining and operating the Regional Outfall;
implementing and administering of the Regional Outfall and constructing, operating, and maintaining it and other
facilities required therefor in accordance with law and the terms and conditions of all relevant grants,
contracts.
responsibilit assume
the
agreements, an
y
23 24
25 26
27 d
28 8
w r\
1 ARTICLE VII - COSTS
2 Section 7..1 Annual Budget,
adopt a budget for administrative
The Governing Board shall
3 expenses, capital reserve
4 expenses, and operation and maintenance
prior to July 1 of each year.
Section 7.2 Records of Accounts
expenses, annually
5 6
. The Authority shall
cause to be kept accurate and correct books of account, showing in detail the costs of administration,
capital reserves, operation and maintenance.
maintaining
and all
7 8
9 10
financial transactions of the Authority,
account shall be open to inspection at all times by any representative of any of the members hereof, or by any
accountant or other
Said books of
person authorized by any party here
i 1
12 13
to to
14 inspect said books of account. The Auditor~ControHer in accordance with Section 6505 of the Act,
books of account and other financial
shall,
caus
records of the
15 e the
16 annually by an independent certified
17 Authority to be audited
18 public accountant.
19 Section 7.3 Allocation of Expenses; Generally. After 20 adoption of the
annual budget and prior to July 1 of each
year, the Authority shall furnish to each of the members 21 estimate of the total annual administrative
other expenses, and of the proportion thereof
allocated to each of the members hereof for the
hereof, an
expenses, or
ensuing
22 23
24 25 fiscal year.
26 Section 7.4 Payment of Costs. Each of the members
27 hereof and Jackson
agree to pay the Authority its allocated
28 share of the total estimated annual expenses of the
9 rV . f
I
Authority in four (4) equal installments payable
before the last .day of September,
of each fiscal year.
December, March
The Authority shall submit
on or
2 and June
3 to each of
the members hereof a final detailed statement of the final 4 5
expenses for the fiscal year allocated in the same manner as 6 estimated expenses were allocated within three (3) months after the close of each fiscal
adjustments of the debits and credits
Authority.
estimated item of
year, whereupon final
shall be made by the
If the amount of any allocated share of any
expense due from any member was less th
7 8
9 an
the final allocation of such item to such member, such
10 11
pay the difference to the Authority,
of any estimated item
in excess of the final
12 member shall forthwith
If the amount of any allocated share
13 14
of expense due from any member was i
allocation of such
credit such excess to the
item to such memb
15 er. the Authority shall
appropriate account of such
16 17 member.
18 Section 7,5 Members^ Contributions Prior to Operation 19 of Outfall.
Until the Outfall is operating so that the
contributions of the members
provisions of subsection 7.6,
are determined by the
each member shall contribu
20 te
21 22
expenses in accordance to the ratio of its population to the whole of the population of all
provided.
the members together;
that Amador County's population for th however,
23 e
purposes of this agreement shall be limited to the
24 25
26 population of the Martell County Service
population of the respective members for
Area. The
27 the
Sutter Creek, 84?;
purpose of this
28 subsection is County, 9%; and Amador
10 r r1
City, 7%.
2 Section 7.6 Formula for Allocating Expenses.
Commencing with the fiscal year which begins after the City of Sutter Creek commences treatment of
each member shall contribute
with the ratio of that member
disposed of through the Outfall to the
wastewater from
Martell,
expenses in accordanc
3 4
5 e
s quantity of wastewater
total quantity of -
adjusted at the
provided, however, that the
Governing Board may make adjustments in said ratio to
accommodate differences in the physical
wastewater disposed of through the Outfall,
beginning of each fiscal year;
or chemical
6 7
8 9
10 u
emanating from the respective
12 qualities of wastewater
13 members hereof,
to the extent said differences make disposal
of said wastewater more difficult or costly
14 .
15 Section 7.7 Initial Payment. Upon organization, the
16 Governing Board shall determine the initial sum required to fund the operations of the Authority,
days from the date the Governing Board
members hereof shall
Within thirty (30)
so requires, the
pay to the Authority an amount
17 18
19 20 determined in accordance with the provisions of subsection 21 7.5, said amount being the estimated initial expense of the 22 Authority for fiscal year 1982-83.
Section 7.8 Sources of Funds 23
. Each party hereto shall
provide the funds required to be paid by it to the Authority under this agreement from
available to such party for such
any source of funds legally
purposes, subject to the
24 25
26 27 limitations of law.
28 11
I Section
c
7.9 c
Pumping Costs^ The costs of pumping
primary treated wastewater from Amador City to the Sutt 2 er
3 Creek treatment plant or untreated wastewater from the Martell County Service Area to the Sutter Creek treatment plant shall not be shared by the respective members but shall be borne according to the contracts by and between Sutter Creek and Amador City, and by and between the County and Sutter Creek.
4 5
6 7
8 9
ARTICLE VIII - OPERATIONAL PROVISIONS
Section 8.1 Boundary Modification Mod
10 . ification of
n
the boundaries of any member which
the member's flow of wastewater int
may cause an increase in
12 o the Outfall shall
require the approval of the Governing Board, which app
13 roval
14 shall not be withheld unless the boundary modification reduce the ability of the Authority to dispose of
wastewater created in the jurisdictions
all
of all the memb
may
15 16
ers.
The Authority shall
in good working order (or require said
to measure the flow of
17 Section 8.2 Flow Metering.
18 install and maintain
19 installing and maintaining) meters
20 wastewater originating from each member
into the Regional Outfall,
members hereof in the.form,
prescribed by the Governing Board.
Section 8,3
manner and a
Flow and Strength Limi
and flowing to or
and to report said flows to the
21 22
t the times
23 24
tation. The
25 Authority shall have the
the Outfall of any substance in
power to prohibit the discharge to
a concentration which may
26 27 damage the Regional Outfall
Outfall wastewater to be lower than that
or cause quality of Regional
28 acceptable for its
12 i’
r r
1 intended use as irrigation or industrial water.
Authority may establish by resolution or ordinance
for treatment of wastewater
wastewater disposal and/or treatment
of the Authority.
Section 8.4
an
as necessary to safegu
processes or
Grant Conditions Each of the me
d the
2 standards
3 ard the
4 facilities
5 6
. mbers
7 hereof agrees that the Authority shall be empowered, in any in which the Authority is a party to a grant contract
8 case
9 with the state or the United States of America,
the extent permitted by law on each of the members hereof the duty of compliance with
to impose
any conditions in such grant
to
10 n
agrees to comply with such
12 contract and each member
13 conditions by enactment of
regulations or otherwise,
specifically agrees to pay
appropriate ordinances.
Each of the members hereof
14 15
promptly their shares of the
16 initial capital cost of the project.
Section 8.5
Enforcement by Aut
17 hority. The Authority
18 is hereby authorized to take
any or all legal or equitable
19 actions including, but not limited to. specific performance 20 necessary or permitted by law to enforce this
ARTICLE IX - termination
agreement.
21 22 Section 9.1 Term. (a) This amended agreement shall 23 be dated the date of execution of this agreement by the last 24 of the members hereof that
executes this amended agreement
and shall be effective on said date and shall continue unt 25 il
26 terminated by agreement of a
majority of the members hereof;
provided, however, that the term of this agreement shall be 27 28
a minimum of thirty (30) years from said date of execution. 13 r
1 ih) The members of the Governing Board hereof
decide to form immediately upon creation and
the Authority a special district
the same area included in
Any such district
to succeed to all of the rights,
Authority as established herein.
organiz
encompassing no les
the Authority through its
duties, and powers
Upon creation and
may
2 ation of
3 s than
4 members,
shall have the legal power and authority
5 6
of the
7 8
organization of said district, the Governing Board of the Authority may then transfer and
duties,
assign all of the rights,
and powers of the Authority to said district and
9 10
11 said district shall thereupon operate,
the Regional Outfall
maintain, and pay for
as a successor in interest to the
Upon said formation and organization of said
district, and said district
transfer of the Authority's rights.
Authority may terminate as set forth in
hereof; provided, however, that such termination
Authority.
s accepting said assignment and
duties, and powers, the
subparagraph (a)
may occur
12 13
14 15
16 17
earlier than thirty {30) years from the creation of the Authority as set forth in subparagraph (a) hereof.
18 19
20 Section 9.2 Disposition of Assets. On the termination IS superseded by a
subparagraph 9.1(b) hereof,
all surplus money of the Authority shall be returned to the of bhis agreement, unless the Authority j
special district as set forth in
21 22
23 24 respective members hereof in the same proportions that the total of all amounts paid by each member hereof pursuant to 25 such amounts paid by
On the
termination of this agreement, all property of the
this agreement bears to the total of
all the parties hereto, excluding Jackson,
26 27
28 14
I
r r
Authority, both real and personal, shall be divided among 2 the members hereof in such manner
the members hereof and,
shall be held in
as shall be agreed upon by
until such division is agreed upon
3 ,
trust by Amador County for all the members
4 5 . hereof.
6 ARTICLE X
~ MISCELLANEOUS PROVISIONS
Notices.
deemed sufficient if delivered to:
Section 10.1
Notices hereund
7 er shall be
8 9
City of Amador City
Amador City Council
Amador City, CA 95601
City of Sutter Creek
Sutter Creek City Council
Post Office Box 366
Sutter Creek, CA 95685
County of Amador
Board of Supervisors
108 Court Street
Jackson, CA 95642
City of Jackson
Jackson City Council
33 Broadway
Jackson, CA 95642
Section 10.2 Headings The se
10 11
12 13
14 15
16 17
18 .
ction headings in this
convenience only and are not to be
19 agreement are for
20 construed as modifying governing the language in the or 21
section referred to.
22 Section 10.3 Law Governing,
the State of California under the Constitution and
such State and is to be so construed.
Section 10.4
amended at any time.
This agreement
Amendments. This agreement may
or from time to time
23 is made in
24 laws of
25 be
except as limited
any jurisdiction having
,
26 by applicable regulations or laws of
27 28
15 ● A*
c\ rs
1 authority, which amendments shall be by supplemental
agreement executed by the members hereof,
order to carry out any of the
as required
2 in
provisions of this agreement,
or for any other purpose in pursuance of the purposes of 3 4
5 this agreement.
6 Section 10.5 Partial Invalidity. If any one or more
7 of the terms. provisions, sections, promises, covenants or 8 conditions of this agreement shall to
invalid. unenforceable, void or voidab
any extent be adjudged
9 le for any reason
10 whatsoever, by a court of competent jurisdiction,
all of the remaining terms,
covenants and conditions of the
affected thereby, and shall be
provisions, sections,
each and
II
promises,
agreement shall not be
valid and enforceable to the
12 13
14 fullest extent permitted by law.
Section 10.6 Successors
15 . This agreement shall be
binding upon and shall inure to the benefit of the
successors of the members, but may not be assigned without consent of the Governing Board.
IN WITNESS WHEREOF, the members hereof have
agreement to be executed and attested by thei
officers thereunto duly authorized
to be hereto affixed,
name of each of the members.
caused thi
r proper
and their official seals
on the day and year set opposite the
16 17
18 19
s
20 21
22 23
24 25
CIT^ O SUTTER (CREEK 26
27 '/Ji'
%
7 28 CITY 0 ITY
16 >.
i' V ( r
1 err JACKSON 2
3 4
or AMADOR
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
17 JOINT EXERCISE OF POWERS AGREEMENT
THIS AGREEMENT made and entered into this 13th day
of April, 1995, by and between the City of Amador City, a municipal corporation within the State of California, herein called Amador City, and the City of Sutter Creek, a municipal corporation within the State of California, hereinafter called Sutter Creek; and
WHEREAS, both Sutter Creek and. Amador City are public
agencies within the meaning of Government Code Section 6500 et seq. and are thus eligible to enter into this' the Joint Exercise of Powers Agreement; and
WHEREAS, both entities have the power and authority
pursuant to said section 6500 et seq. to exercise the powers referred to herein; and
WHEREAS, both entities have operated under a prior
joint powers agreement dated November 14, 1974, and amended November 14, 1974; and
WHEREAS, Amador City needs to have its sewage treated
and disposed of; and
WHEREAS/ Sutter Creek has the capacity to treat and.
dispose of Ai^ador City sewage up to 39,000 gpd average daily flow.
WHEREAS, in 1972, the County Water Agency undertook to
initiate and coordinate a plan for regional sewage system and to complete and file a Project Report thereon with the State Water Resources Control Board not later than March 1, 1974, in order to qualify the project for said Federal and State grant funding, , beginning in the Fiscal Year 1974-75; and
WHEREAS, the project report was thereafter prepared by
Leeds, Hill and Jewett, Consulting Engineers and reviewed by the .interested agencies, and then adopted and filed by the Amador County Board of Supervisors, prior to the March 1,
and 1974 deadline;
1 WHEREAS, Appendices to the Amador County Wastewater
Management Plan were prepared previously for Sutter Creek by E.
Richard Schelin, City Engineer and for Amador City (Appendix H.
Amador County Wastewater Management Plan, February 28, 1974) by Eugene Weatherby, City Engineer, supplementing, expanding and more closely defining implementation plans, and were filed with the Amador County Report prior to March 1, 1974.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Acceptance of Sewage. Sutrer Creek will accept raw
(untreated) sewage for treatment and disposal from Amador City, at a flow rate of no more than 39,000 gpd Average Daily Flow.
2. Gas Traps and Backflow Devices shall be installed
and maintained by Amador City at all residences not having such devices, along Oro Madre Way.
3. Treatment and Disposal of said Wastewater.
Creek will treat and dispose of said wastewater in a manner approved by the Regional Water Control Hoard.
Any liability for malpractice in the treatment and
disposal of said wastewater shall not pass to Amador City, in the event that the quality and quantity of wastewater received from Amador City is within specification herein stated or agreed to hereafter.
Sutter
Sutter Creek shall provide and maintain capacity in a
treatment plant and disposal facilities for Amador City for 39,000 gpd Average Daily flow.
4. Payments. Amador City shall reimburse Sutter Creek
for maintenance, operation and any other costs of the Sutter Creek Treatment and Disposal Plant in proportion to the flow of sewage from Amador City to the total flow. Amador City will meter delivered flows and provide data to Sutter Creek
monthly basis, and
Sutter Creek to operate the plant effectively,
^^^ihed as set forth in paragraphs 1 and 4 of this agreement. on a
make available the recorded information to
Flows shall be
Payment by Amador City shall be made on a quarterly
Sutter Creek shall bill Amador City quarterly and Amador City will pay within 30 days,
annually by October 1, and be based on the annual average on the relative flows of the past year or as adjustments are made to the City of Sutter Creek sewer rates.
basis.
The rate shall be determined
2 Pursuant to California Code of Regulation the quarterly invoice bill shall include the total due as direct payment to Sutter Creek and the amount to be set aside in the Amador City account for the Wastewater Capital Improvement Funds (WCIF).
Once a quarter, upon request, Amador City will provide
a sample of effluent for testing by Sutter Creek,
which may cause operating difficulties at the plant will be transmitted to Sutter Creek,
be transmitted.
No materials
Only ordinary domestic sewage shall
Amador City shall transfer flows between the
hours of 11:00 P.M. and 6:00 A.M., which may be changed by verbal agreement.
If at any time during the terra of this Agreement Sutter Creek must provide WCIF funds for a facility or facilities used by Amador City under this Agreement, Amador City shall contribute a share of WCIF funds to Sutter Creek in proportion to the capacity allocated to Amador City.
Amador City shall maintain a WCIF fund in proportion to its share of the facility or facilities used, and will report the balance of the fund quarterly.
Any expenditures for increases in plant capacity will
be born by Sutter Creek, except if Amador City requires more than 39,000 Average Daily Flow. Then Amador City will pay their fair share of the increased capacity.
Improvements mandated by federal or state law will be
financed proportionately by both Sutter Creek and Amador City, WCIF Expenditures of which Amador City share, which
exceed the funds kept in Amador City's WCIF will be negotiated with Amador City before expenditure is made.
Service Area. The area to be served under this
agreement is the present city limits of Amador City plus any area which Amador City presently provides sewer service to, providing that flows will not exceed the capacity allocated to Amador City at this time.
5. 6. Duration. The duration of this agreement shall be to the year 2013 (with extension). This agreement or any term hereof may subsequently be modified by mutual agreement of the parties hereto.
Provide Sutter Creek with rider of Amador’s General
Liability Insurance for those facilities jointly used subject to limitations as specified in paragraphs 1 and 2 of the Joint Exercise of Powers Agreement.
7 .
3 8. Miscellaneous. Nothing herein shall be deemed to
prevent or prohibit either Amador City or Sutter Creek from exercising its power of eminent domain as to the subject matter of this Agreement if such power exists independent of this Agreement.
Nothing herein shall be deemed to prevent either Amador City or Sutter Creek from exercising any power or powers granted under applicable law except as modified by this Agreement.
In the event that Amador County or an authorized agency proceeds with the construction of the Regional Sewage Project without an agreement between Jackson, lone, or other agency involved providing for the integration of their treatment plants and for Regional Sewer Service to them, or if Amador County should agree to a Joint Powers Authority with them, then this Agreement shall be subject to such revisions as Amador and Sutter Creek may agree are necessary as a result thereof (including its participation in any Joint Powers Authority thus constituted.)
9. Takeover of Sutter Creek Treatment Plant. It is
the intent of the parties hereto that, in the event of a takeover of the Sutter Creek Treatment Plant by the County of Amador, or its authorized agency administering and serving wastewater treatment and disposal, Amador City would be entitled to reimbursement, based on the net value of facilities and in a manner equitable and fair to both Sutter Creek and Amador City.
Included in the transfer would be title to lands and facilities and any accrued Wastewater Capital Improvement Fund monies and equipment, or other assets pertaining to the facilities thus transferred,
fiscal year, provided any WCIF funds shall be used for the benefit of Amador or any outside areas which contributed WCIF funds.
fiscal year, all treatment plant operating funds budgeted shall likewise be transferred.
The transfer would be effected at the end of a
If takeover occurs at a time other than the end of a
4 IN WITNESS WHEREOF the parties hereto have entered into this Agreement effective as of the date first hereinabove written.
CITY OF SUTTER CREEK:
Mayor, Heidi A,
ATTEST:
City Clerk, Michol Tallent
CITY OF AMADOR CITY
Mayor, Susan Bragstad
ATTEST:
City Clerk,' Charlotte Matson
5 9K
Regarding Agenda Item 9F, "Follow-up: Government of Amador City'
1. Background:
In 2022, City Council of Amador City established a city manager position.
The budgets passed in 2022, 2023, and 2024 allotted funding for staff, which included this position, (see attachment "Documentation").
Amador City is a general law city, governed by a city council (CA Government Code section 36501). It does not have an Ordinance establishing a city manager form of government (CA Government Code section 34851). (see attachment "CA Legislative Information") a.
b.
Issue:
There is a conflict with CA Government Code, the existing form of government for Amador City, and a staff position titled "city manager."
2. Discussion at the City Council meeting 15 Aug 2024, from public and councllmember comment:
3. establish a city manager form of government through ordinance or referendum, or ballot measure
rename and clarify responsibilities of the position as "city administrator"
eliminate the position through public hearing, city council motion and vote a.
b.
c.
Each could align the government of Amador City with California Government Code.
Documentation: Establishment of a staff position titled "city manager' Minutes of Regular Meeting of City Council, May 17, 2022 Public Hearing
City Manager Position -- Bragstad moved, Robinson 2nd to hire a part-time (10 hours per week) at $75 to $100 per hour to perform administrative work. An ad will be placed in local paper advertising position.
Minutes of Regular Meeting of City Council, June 21,2022 Public Hearing
Report on Closed Session regarding City Manager Candidates ~ Council interviewed former Mayor Dave Groth. An offer will be made to him.
Minutes of Regular Meeting of City Council, July 19, 2022 Public Hearing
City Manager Update -- Official first date July 19, 2022, letter of agreement signed. Job Description City Manager
E.
A.
B.
(U.
/ I.FXWSI.ATIVK INF(AR\lA'nO\
Home Bill Information Publications Other Resources My Subscriptions My Favorites California Lav/ Code: Select Code V* Section: 1 or 2 or 100 {^SiMrch^ O Add To Mv Favorites
GOVERNMENT CODE - GOV
TITLE 4. GOVERNMENT OF CITIES [34000-45345] { Title 4 added by Stats. 1949. Ch. 79.) DIVISION 2. ORGANIZATION AND BOUNDARIES [34400-3490S] ( Division 2 added by Stats. 1949. Ch. 79 } PART 1. ORGANIZATION [34400 - 34906] I Part 1 added by Sfafs 1949. Ch. 75 ) CHAPTER 4. Alternative Forms of Government [34851 - 34906] {Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977. Ch 1252.)
ARTICLE 1. City Manager [34851 - 34859] ( Heading of Artide 1 renumbered from Art/cfe 3 by Stabs. 1955, Ch. 624. ) ?4851, An ordinance establishing a city manager form of government may be:
(a) Enacted by the iegistative body; or
(b) Submitted to tne electors by the legislative body at any municipal or special election; or (c) Submitted by the people as an initiative measure.
(Added by Stats. 1949, Ch. 79.)
?48$?' The ordinance shall define the powers and duties of the city manager and may fix the city manager's compensation or the minimum amount the city manager is to receive. (Amended by Stats. 2018. Ch. 487, Sec. 17. (SB 1498) Effective January 1. 2019.) vvhere the ordinance is submitted by the legislative body, the proposition shall be printed on the ballots substantially as follows: "Shall Ordinance No.
followed by the words "yes" and "no," so printed that the voters may express their choice. (Amended by Stats. 1957, Ch. S3S.)
providing for a city manager form of government be adopted?' If a majority of the votes cast at the election is in favor of the ordinance, it shall go into effect on the tenth day after the canvass of votes,
(Added by Stats. 1949, Ch. 79.)
^4955, Within sixty days after the effective date of the ordinance, the legislative body shall appoint a city manager, who need not be a resident of the city at the time of appointment. (Amended by Stats. 201S, Ch. 467, Sec. IS. (SS 1493) Effective January 1, 2019.) The city manager may appoint and dismiss the chief of police and other subordinate appointive officers and employees except the city attorney. When the offices of city clerk and city treasurer are made appointive, appointments to such offices shall be made by the city council unless the city council vests such appointing power in the city manager by ordinance.
(Amended by Stats. 19S3, Ch. 491.)
Upon appointment of the city manager, the terms of subordinate officers over whom the dty manager has power of appointment and removal cease, unless they are reappointed. (Amended by Stats. 2013, Ch. 467, Sec. 19. (SB 1498) Effective January 1, 2019.) Any city adopting the city manager form of government may abolish it in the manner in which it was adopted.
OITY Oir» ADOFl OITY
INCORPOnATKD JUNSa. tois
California.
'">^UG 1 -
David L. Groth
10731 Pig Turd Alley
Amador Ciry CA 95601
July 15.2022
Dear Dave,
On behalf of Amador Gty, I am pleased to offer you die positioii of City Manager with the City of Amador Gty. based on your application and interview, you have the appropriate skills and.^vailable hours to be successful in this position. This position was created to improve the administrative efficiency of the Gty, as well as to increase capacity to execute new and ongoing projects.
This position be^s within two days of your acceptance of this offer. Your pay rate is $80.00/hour, with a maximum of 10 hours per -week and a fiscal year maximum of $41,600. The City does not offer benefits for this position.
This position is paid for using the City’s SLRFP (American Rescue Plan) funds. Because of this position s funding, it is approved until the end of fiscal year in June 2023. Renewal of this position may depend on the City’s ability to secure additional appropriate funding, for which you may have responsibility to secure.
The City Manager reports to the City Council and shares responsibility with the Mayor to provide general administrative management of the City. This includes
● carrying out, on behalf of the City Council, its policies, rules, regulations, and laws; ● collaborating with the Mayor and Cit>’ Clerk to prepare Council meeting agendas and packets; ● researching, applying for, and tracking grants as needed to support City projects; ♦ collaborating with the City attorney on drafting resolutions and ordinances; ● and collaborating with City accountant to prepare annual budget.
You retain the option to terminate your employment with the City at any time, as does the Gty, with or without cause; this position is an at-will position. Neither this letter nor any other oral or written representations may be considered a contract or guarantee of employment.
Congratulations and thank you for supporting Amador City.
Sincerely,
Anne Kel-Artinian, Mayor
Please si^ here to accept this position:
Signed: Date: it.lOZZ
Printed name: TT)av/lA L- (jr.^41^
Council-Manager Governments, prepared by Pat Keene, City Attorney Under the council-manager form of government, the elected governing body (e.g., city council, city commission, board of selectmen or other body of at least three individuals) stands responsible for establishing policy, passing local ordinances, voting appropriations and developing an overall vision for the city.
Under such a government, the mayor (or equivalent executive) performs primarily ceremonial duties and is often drawn from and the presiding officer of the city council or other governing body.
The elected officials then appoint a city manager or administrator to oversee the daily operations of the government and implement the policies established by the governing body. The manager serves the governing body, often with an employment agreement or contract that specifies his or her duties and responsibilities. Ideally, the manager is apolitical.
The council-manager form has proved the most popular form of government used by cities, and the Institute for Local Self Government has stated that in California 440 of the 480 cities operate under the council-manager form of government.
Mayor-Council Governments
A mayor-council city government consists of a mayor and a number of council members or aldermen.
The mayor is elected at large, and the aldermen may be elected at large but generally receives selection from wards or aldermanic districts.
The mayor presides at council meetings and is the chief executive officer of the city. He is properly the head of the police force and the budgetary officer of the city. The council serves as the legislative agent; the proposals and appointments of the mayor are or may be subject to its approval.
Two types of mayors have resulted over time in this form of government: weak mayor-councils and strong-mayor councils.
In the weak mayor-council type, the mayor is not a chief executive in the true sense. He has limited power in appointments and removals, as well as veto; and a large number of elected officials and boards exist. Many legal powers of the council stifle him from effectively supervising city administration.
In the strong mayor-council form, the mayor has the power to appoint and remove most department heads, and only a few officials come about from election. In addition, he prepares the budget for the council’s consideration and has an effective veto power.
Other Resources: City-Council and City-Manager Forms of Government
1. httDs://vv
This document is specific to California, particularly to cities with a city-manager style of government. Page 5 of the document references the two styles of government. Page 6-8 describe in more detail the council-manager form of government. a/K’ -)n ' brar y.’hiah :'(re-3C'
2. hUps://mrsc.orQ/Qetmedia/034f13b6-7ec2-4594-b60b-efaf61dd7d10/Mavor-AndC 0: mcilmember-Handbook.pdf?ext=^.pdf This document is from the State of Washington and has information specific to its governing codes. Page 5 of the Introduction briefly details the difference between forms of governance and can be generalized to cities in California.
CITY ADMINISTRATOR AT-WILL EMPLOYMENT AGREEMENT
1. Employment.
I'his City Administrator At-Will Employment Agreement (Agreement) is entered into by and between the City of
offers, and Administrator accepts, employment as City Administrator of the City. Administrator shall be an at-will employee, and serve at the pleasure of the City Council of Council).
(City) and (Administrator). Under this Agreement, the City (City
2. Dufies.
Administrator shall perform those duties and have those responsibilities that are commonly assigned to a City Administrator of a city in California, and as may be further set forth in the City's Municipal Code. Administrator shall perform such other legally permissible and proper duties and functions consistent with the office of City Administrator, as the City Council shall from time to time assign.
3. DevotionJo Cit\’ Business.
Administrator's position is part-time, appr^^^atojy 40 hours per month, and does not include benefits. When addressing City busin^'SNdrHi^trator shall not engage in any business, educational, professional, charitable, or other w^ties that would conflict or materially interfere with performance of his Administrator dutiOTi|^pl as may be specifically authorized or requested by the City Council.
^pftti^ommence (date) and shall continue until (date) or the re with provisions in this Agreement. On (date), and on
4. Term
Administrator's employrd
date of earlier termination in acC'
every succeeding (date) thereafter v^le this Agreement is in effect, and on the condition that Administrator receives positive performance reviews in the two preceding years, this Agreement shall be automatically extended for two (2) additional years unless prior to that date the City Council notifies Administrator of its intention not to extend the Agreement for two additional years. The City Council's election not to extend this Agreement shall not entitle Administrator to Severance pursuant to Section 6 of this Agreement.
;n
iaj
The "reset" provision in this Section is a result of the parties' intent that the relationship between Administrator and the City be long-term and stable. Notwithstanding these intentions, the parties acknowledge that Administrator is an at-will employee, who serves at the pleasure of the City Council.
5. Council Commitments.
Within 90 days of the Administrator’s appointment, the City Council will conduct a public meeting with the City Administrator to clearly outline and agree to strategic objectives and expectations of the Administrator.
A.
6. Termination ofEmplovment and this Agreement: GenecaIJRelease: Severance.
A. Administrator serves at the pleasure of the City Council and nothing in this Agreement shall be interpreted to prevent, limit or otherwise interfere with the right of City to terminate the services of Administrator with or without cause. There is no express or implied promise to Administrator for any form of continued employment.
B. As used in this Agreement, "cause" shall only mean any of the following:
Conviction of, or plea of guilty or nolo contendre to, any crime or offense (other than minor traffic violations or similar offenses) which, in the determination of the City Council, is likely to have a materially adverse impact on the City or the Administrator's reputation; Failure of the Administrator to observe or perform any of his duties and obligations, if that failure continues for a period of thirty (30) business days from the date of his receipt of notice from the City Council specifying the acts or omissions deemed to amount to that failure; Conviction of any crime involving an "abuse of offiee or position," as that term is defined in Government Code Section 53243.4, or of moral turpitude; :j^s>f the City Council made by the City
i^orNm^rator that materially and adversely: (a)
zational units; (b) is detrimental to employees or
rules or procedur
Repeated failure to carry out a directive or direct
Council at a properly noticed and held meeting; and
Any grossly negligent action or inaction b
impedes or disrupts the operations of City or its ^
public safety; or (c) violates City's properiy-esA
C. The City Council agrees th^
provide Administrator a written notice o^^
Administrator shall have thirty (30) days\/
received from Council. Determinati^SiiaAi^
termination is still warranted, shall ■at
:o termination of Administrator, the Council will
for its dissatisfaction with Administrator,
t'hich to "cure" the issues raised in the written notice ether Administrator has satisfactorily "cured," and whether discretion of the City Council.
D. Administrator may resign from his employment at any time, upon giving forty- five (45) days written notice to the City Council. In the event of resignation, Administrator shall not be entitled to any additional compensation or payment, including Severance, but shall be entitled only to accrued Base Salary
7. Base Salary and Pcrfonnancc Evaluations.
Administrator's initial annual Base Salary shall be. (amount). Said amount shall be payable in the same manner and on the same schedule as that of other City employees.
Adjustments in Administrator's Base Salary may be effective at any time at the sole discretion of the City Council.
A.
The City Council shall evaluate Administrator's performance at least six (6) months from the date of Administrator's appointment, and at least twelve (12) months every year thereafter, or on any schedule deemed appropriate by the City Council. Said review and evaluation shall be in accordance with specific objectives developed by the City Council in consultation with Administrator.
B.
2 c. Whenever a cost of living adjustment or other non-merit based salary increase is provided to other management employees, the City Council shall consider whether it is reasonable and appropriate to grant a similar increase to the City Administrator's Base Salary upon the written request of the City Administrator.
Administrator's Base Salary adjustments approved by the City Council from time to time pursuant to this Agreement shall not require an amendment to this Agreement to be effective. Such may be set forth in an annual salary resolution or minute action approved by the City Council and ratified by resolution.
D.
If the City reduces the Base Salary or any other financial benefit of the Administrator in a percentage that is greater than the average reduction of all managers, such action shall constitute a termination of this Agreement without Cause under Section 6.A. of this Agreement, and Administrator shall be entitled to Severance.
E.
8. Benefits
A. There are no benefits associated with this part-time position.
9. Indemnification.
City shall defend, hold harmless and indemnify Administrator against any tort, OQj, whether groundless or otherwise,
)eafcrmance of Administrator's duties
Irch claim or suit, City shall pay the
lent against Administrator, City shall
notapply to any act, action or omission
)^|yct on the part of Administrator, or acts of
ny
professional liability claim or demand, or other legal a arising out of an alleged act or omission occurring in
as City Administrator. If City compromises or set
amount of any settlement, or if the claim result^
pay any such judgment. This indemnification^
arising out of the gross negligence, willful n1^
Administrator outside the scope of his duties.
a
Notices.
Any notices to be given heieuiW^ By either party to the other in writing may be effected either by personal delivery, Mailed notices shall be addressed to the parties as set forth below, but each party may cTrang/his/her/its address by written notice given in accordance with this Section. Notices delivereo^rsonally or by email will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of three (3) calendar days following the date of mailing.
10. CITY: City of
, CA. 12345
ADMINISTRATOR:
11. Conflict With Municinai Code.
The City Municipal Code, personnel ordinances, resolutions, rules and policies shall apply to Administrator in the same manner as applied to other management employees.
However, in the event of a conflict between the provisions of this Agreement and the Municipal Code, the Municipal Code shall govern.
3 12. Entire Agreement.
This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the employment of Administrator by City, and contains all of the covenants and agreements between the parties with respect to that employment. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by either party, or by anyone acting on behalf of either party, which are not embodied herein, and that no other employment agreement, statement, or promise not contained in this Agreement shall be valid or binding upon cither party.
13. Modifications.
Any modifications to this Agreement shall be effective only if in writing and signed by both of the parties hereto.
14. GtfYgrains Lsyl
This Agreement shall be governed by and construed in accordance with the laws of the State of California. ^
This Agreement is entered into this ^
City of
Mayor
Attest:
Approved as to Form:
City Attorney
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