UPDATED
REGULAR MEETING STARTS AT 6:00 PM
Mayor Stacy Rhoades
Vice Mayor Jack Mitchell
Council Member Dominic Atlan
Council Member Alison LaFayne
Council Member Diane Wratten
AT 1 E. MAIN STREET, IONE, CA 95640
AND VIA ZOOM
City of lone is inviting you to a scheduled Zoom meeting.
Join Zoom Meeting
https://zoom.us/j/2351961316?pwd=d31WTW0zbVJLblpQNXBDQWtpZkRyUT09 Meeting ID: 235 196 1316
Passcode: 95640
One tap mobile
+16699006833 2351961316#,,*95640# US (San Jose)
+12532158782,2351961316#, *95640# US (Tacoma)
Dial by your location
+1 669 900 6833 US (San Jose)
+1 253 215 8782 US (Tacoma)
+1 346 248 7799 US (Houston)
+1 929 205 6099 US (New York)
+1 301 715 8592 US (Washington DC)
+1 312 626 6799 US (Chicago)
Meeting ID: 235 196 1316
Passcode: 95640
Find your local number: https://zoom.us/u/aex3ZLbqgp
Tuesday, April 4, 2023
1 E. Main Street
lone, CA 95640
CITY OF IONE IS A GENERAL LAW CITY DEDICATED TO
PROVIDING LEADERSHIP, ACCOUNTABILITY, AND FISCAL INTEGRITY
WHILE PROMOTING ECONOMIC OPPORTUNITIES AND MAINTAINING
A HIGH QUALITY OF LIFE FOR OUR CITIZENS
PLEASE LIMIT PUBLIC COMMENT/TESTIMONY TO FOUR MINUTES
Gov't. Code $54954.3
The lone City Council welcomes, appreciates, and encourages participation in the City Council Meeting. The City Council reserves the right to reasonably limit the total time for public comment on any particular noticed agenda item as it may deem necessary.
Full staff reports and associated documents are available for public review at the Office of the City Clerk, City Hall, 1 E. Main Street, Ione, CA. Hard copies may be obtained for $3.60 for pages 1-5 and $.45 for each additional page. Documents that are not available when the agenda is posted will be made available for public review at the meeting.
AGENDA
A. ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. APPROVAL OF AGENDA
D. PRESENTATIONS/ANNOUNCEMENTS:
E. PUBLIC COMMENT: EACH SPEAKER IS LIMITED TO 4 MINUTES NOTE: This is the time for members of the public who wish to be heard on matters that do not appear on the Agenda. Persons may address the City Council at this time on any subject within the jurisdiction of the lone City Council.
Please be mindful of the 4 minute time limit per person. Pursuant to the Brown Act, the City Council may not take action or engage in a detailed discussion on an item that does not appear on the Agenda. However, matters that require Council action will be referred to staff for a report and/or recommendation for possible action at a future Council meeting. Is there anyone in the audience who wishes to address the Council at this time?
Notice to the Public: All matters listed under this category are considered to be routine and will be enacted by one motion. Any item may be removed for discussion and possible action and made a part of the regular agenda at the request of a Council Member (s).
F. CONSENT CALENDAR:
1. Approval of Minutes: February 21, 2023, March 7, 2023, March 16, 2023, March 17, 2023, March 21, 2023 and March 23, 2023
2. Employment Agreement with the Chief of Police
Recommendation: Adopt Resolution 2023-* of the City Council of the City of Ione establishing compensation and benefits for the Chief of Police pursuant to municipal code section 2.08.060(b).
G. PUBLIC HEARING: None.
H. REGULAR AGENDA:
1. National Night Out
Recommendation: Adopt Resolution 2023-*-* of the City Council of the City of lone proclaiming National Night Out in the City of lone on Tuesday, August 1, 2023.
2 2. Conflict of Interest waiver for Amy Gedney as Acting City Manager.
Recommendation: Adopt Resolution 2023-* Authorizing the Mayor to sign the conflict of interest waiver for Amy Gedney.
I. REPORTS AND COMMUNICATIONS FROM THE CITY MANAGER
J. COUNCIL COMMENTS/COMMITTEE REPORTS/FUTURE AGENDA
ITEMS
K. CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL: Existing litigation; Section 4956.9 of the California Government Code- Amador Court Case Number 22 V-12824: Amador Regional Sanitation Authority vs. City of lone ar California Department of Corrections.
2. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (1 case).
3. Title: Acting City Manager;
PUBLIC EMPLOYEE PERFORMANCE EVALUATION; Government Code Section: 54957.
L. ADJOURNMENT
NOTICE REGARDING CHALLENGES TO DECISIONS
ursuant to all applicable laws and regulations,
Carsoni Call armiable de send n slations or ding rit out lie ain e Code Section 21177, if you wish to challenge in court any of the above decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, this public hearing.
ADA COMPLIANCE STATEMENT
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk Janice Traverso at (209) 274-2412, ext. 102. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 3 CITY OF IONE COUNCIL MEETING MINUTES
Meeting of February 21, 2023
Mayor Rhoades called meeting to order at 6:00 PM
A. ROLL CALL:
Present: Stacy Rhoades, Mayor
Jack Mitchell, Vice Mayor
Dominic Atlan, Councilmember
Alison LaFayne, Councilmember
Absent: Diane Wratten, Councilmember
Staff: John Alfred, Acting City Manager (Zoom)
Carolyn Walker, Deputy City Attorney
Janice Traverso, City Clerk
B. PLEDGE OF ALLEGIANCE:
Mayor Rhoades led the Pledge of Allegiance.
C. APPROVAL OF AGENDA:
Finance Manager, Chris Hancock asked that Item #11-Authorize Acting City Manager to Enter into Contract with Cole Huber, LLP be moved to the Consent Calendar; and also, add Approval to Items #9, 10 and 12. It was moved by Councilmember Atlan, seconded by Vice Mayor Mitchell carried to approve the agenda with corrections as noted.
AYES: Rhoades, Mitchell, Atlan, LaFayne
NOES: None
ABSENT: Wratten
ABSTAIN: None
D. PRESENTATIONS/ANNOUNCEMENTS: None
E. PUBLIC COMMENT:
1. Michael Politi, Planning Commissioner spoke to the purchase of property 17 E. Main by the City. In the future, I hope there is a policy that a business plan will be presented to the Planning Commission for discussions and recommendations along with at least two advertised public hearings would be held for complete transparency on where our tax money is being spent. Mayor Rhoades asked that this item be on the next City Council agenda.
2. Larry Bowler, past President of Recreation Coalition Association spoke to the drama that surrounds Amador Central Railroad and its impact on the Depot Project. Mr. Bowler also spoke to the civil violations of their by-laws. Mayor Rhoades asked that this item be on the next agenda for discussion.
3. Mitzi Windley, lone Picnic Association asked the Council to waive the fees at Evalynn Bishop Hall for practices for Miss lone Scholarship Pageant. I was told to come tonight so the Council, so it will add it next added to their next agenda.
4. Chris Strong, current contractor for the Landscaping at the Castle Oaks, spoke to the release of an RFP for a landscape architect for the design of the entrance to Castle Oaks.
Councilmember Atlan commented that the project did go out to bid and was awarded to Simmons Landscape. The design is close to being done and there has been hearings and meetings with members of the community. Mayor Rhoades asked that this item be on the next agenda.
5. Tommy Quinn again asked the Council to hire a Building Inspector to address the building violations happening at the house located behind his home.
6. Jim Scully provided the Council with a copy of the Mule Creek Contract between the City, Amador County Unified School District, and the State of California and the 1994 Superior Court Case where it was confirmed as a valid contract.
7. Dave Anderson provided a spreadsheet to the Council showing payments to the Amador Water Agency between July and October 2,400,000 gallons were sent to the Tertiary Treatment Plant, all the water was sent to the Golf Course and paid by the City.
8. Dr. Oral Custer provided pamphlets to the Council and public information on dividing the State of California and renaming the northern part the State of Jefferson.
F. CONSENT CALENDAR:
Councilmember Atlan asked that Item #11 on the Consent Calendar be pulled and discussed under the Regular Agenda. It was moved by Vice Mayor Mitchell, seconded by Councilmember Atlan and carried to approve the following Consent Calendar:
1. Invoice for Approvals for Payment
2. Waive the Second Reading by Substitution of Title Only and Adopt Ordinance No. 531 Amending the lone Municipal Code, Title 17 Zoning, including Table 17.22.020-1, Table
17.24.030-1, Section 17.116.040, Section 17.116.040, Section 17.116.050, and Chapter
17.310 (Allowed Use Definitions)
3. Receive and File lone Fire Department Fourth Quarter Report - 2022
4. Adoption of Resolution No. 2023-04 Designating Signatures for Orders for Payment of Monies Drawn Against the City of lone on Existing Accounts at Bank of Marin
5. Adoption of Resolution No. 2023-05 Designating Signatures for Orders for Payment of Monies Drawn Against the City of lone on Existing Accounts at Bank of Marin Adoption of Resolution No. 2023-06 authorizing Investment of the City of lone Monies in Local Agency Investment Fund
Adoption of Resolution No. 2023-07 Designating Signatures for Orders of Payment Drawn Against the City of lone on Existing Accounts at Cambridge Investment Research
8. Adoption of Resolution No. 2023-08 Appointing Representative and Alternate Representative to the Northern California Cities Self Insurance Fund Board of Directors AYES: Rhoades, Mitchell, Atlan, LaFayne
NOES: None
ABSENT: Wratten
ABSTAIN: None
G. PUBLIC HEARING: None
H. REGULAR AGENDA:
9. Mid-Year Budget Review - Chris Hancock, Finance Manager reviewed the Mid-Year Budget Review with Council, which included summaries of all funds, as well as recommended changes by Staff. It was moved by Vice Mayor Mitchell, seconded by Councilmember LaFayne and carried to approve the Mid-Year Budget Review.
AYES: Rhoades, Mitchell, Atlan, LaFayne
NOES: None
ABSENT: Wratten
ABSTAIN: None
10. Consider Waiving Rental Fees to Evalynn Bishop Hall to Hold School Fundraiser- Council asked that staff bring back a policy for Evalynn Bishop Hall for waiving the rental fees. It was moved by Vice Mayor Mitchell, seconded by Councilmember LaFayne and carried to waive the rental fees for Evalynn Bishop Hall to hold lone Elementary School fundraiser.
AYES: Rhoades, Mitchell, Atlan, LaFayne
NOES: None
ABSENT: Wratten
ABSTAIN: None
12. Discuss Options for Recruitment Process of Permanent and/or Interim City Manager-After comments from the public and discussion by the Council, it was moved by Vice Mayor Mitchell, seconded by Councilmember LaFayne and carried to advertise locally for Interim City Manager.
AYES: Rhoades, Mitchell, Atlan, LaFayne
NOES: None
ABSENT: Wratten
ABSTAIN: None
11. Authorize Acting City Manager to Enter into Contract with Cole Huber, LLP - At the last meeting, City Council directed City staff to contact a California Environmental Quality Act expert to draft a letter to Amador County Unified School District regarding the Amador High School Consolidation Plan. Carolyn Walker, City Attorney commented that we had a conference with Derek Cole at the Council's direction and he is drafting a letter to send regarding CEQA and other legal issues and present it to Council before sending to the School District. There was no cost available for the letter. It was moved by Councilmember Atlan, seconded by Councilmember LaFayne and carried to enter into a contract with Cole Huber, LLP.
AYES: Rhoades, Atlan, LaFayne
NOES: Mitchell
ABSENT: Wratten
ABSTAIN: None
1. REPORTS AND COMMUNICATIONS FROM CITY MANAGER: None
K. COUNCIL COMMENTS/COMMITTEE REPORTS/FUTURE AGENDA ITEM:
Councilmember LaFayne reported on the Committee Meeting:
• Finance - reviewed the budget and the ARPA expenses, which some did not qualify under the ARPA guidelines
• Reviewed the Purchasing & Bidding Code and the $50,000 limit for vendors; City needs a vendor list; and discuss a member of public on the Finance Committee.
Mayor Rhoades:
• Asked that City schedule a forensic audit.
• Update on Tillery's parking lot behind the Pizza Factory • Acting City Manager/Police Chief pay
Vice Mayor Mitchell reported on Committee Meetings:
• Met with ACUSD and making headway to relieve traffic on roads • AFPD and Sewer Committee meetings were cancelled
• Met with RWQCB visited the Wastewater facility and we will be notified of items that need to be addressed.
• Blue Zone meeting
• Complaint about developer cleanup
L. CLOSED SESSION:
1. Conference with Legal Counsel - Existing Litigation: Section 54956.9 of the Government Code - Amador Court Case Number 22-CV-12824 - Amador Regional Sanitation Authority (ARSA) v City of lone and California Department of Corrections and Rehabilitation (CDCR)
2. Conference with Legal Counsel - Existing Litigation: Section 54956.9 of the Government Code - Amador Court Case Number 17-CV-10277 - City of lone v Gani
3. Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to Litigation Pursuant to Paragraph (2) of Section 54956.9 of the Government Code
4. Conference with Legal Counsel-Anticipated Litigation - Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the Government Code One (1) Case
M. DISPOSITION OF CLOSED SESSION: Mayor Rhoades reported that Information was received and direction was given on the following: Councilmember Wratten joined Closed Session.
1. Conference with Legal Counsel - Existing Litigation: Section 54956.9 of the Government Code - Amador Court Case Number 22-CV-12824 - Amador Regional Sanitation Authority (ARSA) v City of lone and California Department of Corrections and Rehabilitation (CDCR)
2. Conference with Legal Counsel - Existing Litigation: Section 54956.9 of the Government Code - Amador Court Case Number 17-CV-10277 - City of lone v Gani
3. Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to Litigation Pursuant to Paragraph (2) of Section 54956.9 of the Government Code
4. Conference with Legal Counsel-Anticipated Litigation - Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the Government Code One (1) Case
N. ADJOURNMENT;
It was moved by Councilmember LayFayne, seconded by Vice Mayor Mitchell and carried to adjourn the meeting.
Respectfully submitted,
Janice Traverso
City Clerk
CITY OF IONE COUNCIL MEETING MINUTES
Meeting of March 7, 2023
Mayor Rhoades called meeting to order at 6:00 PM
A. ROLL CALL:
Present: Stacy Rhoades, Mayor
Jack Mitchell, Vice Mayor
Dominic Atlan, Councilmember
Alison LaFayne, Councilmember
Diane Wratten, Councilmember
Staff: John Alfred, Acting City Manager
Carolyn Walker, City Attorney
Janice Traverso, City Clerk
B. PLEDGE OF ALLEGIANCE:
Mayor Rhoades led the Pledge of Allegiance.
C. APPROVAL OF AGENDA:
Councilmember Rhoades pulled Item #2 - Invoice Approvals for Payment and add to the Regular Agenda. It was moved by Councilmember Atlan, seconded by Vice Mayor Mitchell and carried to approve the amended agenda.
AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: None
ABSENT: None
ABSTAIN: None
D. PRESENTATIONS/ANNOUNCEMENTS:
• Mayor Rhoades presented Jolinda Sims with the Proclamation for American Red Cross Month - 2023
• Larry Bowler, Railroad Coalition regarding Ownership of Amador Central Railroad- Mr. Bowler was not present at the meeting.
• Larry McKenney, Amador Water Agency addressed the Council on the quality of their drinking water. Their supply comes from the Mokelumne River and has nothing to do with the City's wastewater. Ione Water Treatment Plant is at capacity and working on a plan to replace the plant at a cost of 150 and 200 million dollars.
E. PUBLIC COMMENT: The microphone at the podium not working properly, some of comments were not clear.
• Hugh Herfel commented that after seeing the bids the City received for the Train Park Improvements, I am suggesting the City cancel the grant and bring it back to the volunteers.
• Lloyd Oneto thanked Councilmember LaFayne for looking into the funds being spent.
• Kip Garvey asked that the RFP for the Interconnection Project move forward by the City.
• Jim Scully presented photos to the Council of samples taken in the various canals for Wastewater Plant.
• George Kostyrko representing the Small Business Association reminded the Council of the deadline-March 31, 2023-for applying Disaster Relief Funds. • Tommy Quinn spoke to the Council again about the need for the City to hire a Building Inspector to red tag the house him because of the condition of the home. • Leonard Williams spoke to Council again about the condition of the Train Depot and the need for the City to move forward with the renovations. • Nicole, Wildflower Subdivision talked about the vandalism at Howard Park. • David Livingstone, addressed the Council regarding the speeding at Wildflower Subdivision.
Patrice Prest asked the status of the landscape plans for the entrance at Castle Oaks.
F. CONSENT CALENDAR:
It was moved by Councilmember Atlan, seconded by Councilmember LaFayne and carried to approve the following:
1. Finance and Treasury Reports FY 2022-2023
AYES: Rhoades, Mitchell, Atlan, LaFayne
NOES: None
ABSENT: Wratten
ABSTAIN: None
G. PUBLIC HEARING: None
H. REGULAR AGENDA:
2. Invoice Approvals for Payment - Mayor Rhoades questioned the purchase of two new trucks for the Maintenance Department, which are part of the 2022-2023 Fiscal Year Budget. Finance Manager, Chris Hancock explained that the warrants are being presented to the Council before being paid as opposed to after payment is made. After discussion by Council, it was moved by Councilmember Atlan, seconded by Councilmember Wratten and carried to approve the Invoices for Payment.
AYES: Rhoades, Mitchell, Atlan, LaFayne
NOES: None
ABSENT: None
ABSTAIN: None
3.Review of Groundwater Reports - Lisa Ruben, Dellavalle Labs commented that she just finished the Second Quarterly Event. This is the first quarter that we are doing the BOC at Castle Oaks and the three monitoring wells. The report should be available in three weeks. Ms. Ruben will send the list of items that are currently being tested to Jordan Doersken for distribution to the City Council.
4. Approval of Fee Waiver Policy for Evalynn Bishop Hall - There was discussion by the Council on the proposed policy. This item will be brought back at the next Council meeting with a list of non-profit organizations that will be grandfathered for waiver of fees.
5. Discussion of City Manager Recruitment Process - The Council discussed the proposed Announcement for City Manager. After their discussion and comments from the public, it was moved by Councilmember Atlan, seconded by Councilmember LaFayne to move forward with the recruitment process with the addition of the comments made tonight.
AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: None
ABSENT: None
ABSTAIN: None
I. REPORTS AND COMMUNICATIONS FROM CITY MANAGER:
• Cleanup needed on Hole 7 at the Golf Course will be checked • Quarterly billing for sewer will be on the next agenda • Train Park Improvement Project Bids are reviewed by staff • Auditor Update - couple of items still needed and hope to have it on the April Agenda. Best interest to complete the current audits before moving forward with a forensic audit
• Stakeholder's Meeting for Howard Park is on March 23, 2023 at City Hall J. COUNCIL COMMENTS/COMMITTEE REPORTS/FUTURE AGENDA ITEM:
Councilmember LaFayne comments:
• Park & Recreation would like staff renegotiate the Arena contract-the contract was not reviewed by Park & Recreation before approval by Council. Mayor Rhoades asked that this item be on the next agenda.
• Discussed her plans for a Community Day at the Arena - April through October. It should start with Economic Development Committee.
• ACRA Meeting - discussed the repairs needed at the pool. Justin Howard, Director, ACRA will be at the next Council meeting.
Councilmember Wratten:
• Status of Cost Analysis for Wastewater - on next agenda for discussion. • Update on Solar for City Buildings
Vice Mayor Mitchell:
Move Finance Meeting to 3:00 p.m. on March 13, 2023 and include public member on the Finance Committee.
Mayor Rhoades:
• Status of RFP for Wastewater-Acting City Manager commented that is part of the Cost Analysis for Wastewater on next agenda.
• Update on 17 E. Main Street building
• Discussion on the 1 & I's
K. CLOSED SESSION:
• Conference with Legal Counsel - Existing Litigation: Section 54956.9 of the Government Code - Amador Court Case Number 22-CV-12824 - Amador Regional Sanitation Authority (ARSA) v City of lone and California Department of Corrections and Rehabilitation (CDCR)
• Conference with Legal Counsel - Existing Litigation: Section 54956.9 of the Government Code - Amador Court Case Number 17-CV-10277 - City of lone v Gani
• Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to Litigation Pursuant to Paragraph (2) of Section 54956.9 of the Government Code - Two (2) Cases
• Conference with Legal Counsel-Anticipated Litigation - Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the Government Code - One (1) Case
• Appointment of a Public Employee - Interim City Manager - Government Code 54957
• Public Employee Performance Evaluation - Acting City Manager - Government Code 54957
L. DISPOSITION OF CLOSED SESSION: Mayor Rhoades announced that information was received and direction was given on the following:
• Conference with Legal Counsel - Existing Litigation: Section 54956.9 of the Government Code - Amador Court Case Number 22-CV-12824 - Amador Regional Sanitation Authority (ARSA) v City of lone and California Department of Corrections and Rehabilitation (CDCR) - Councilmember Atlan recused himself from discussion.
• Conference with Legal Counsel - Existing Litigation: Section 54956.9 of the Government Code - Amador Court Case Number 17-CV-10277 - City of lone v Gani
• Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to Litigation Pursuant to Paragraph (2) of Section 54956.9 of the Government Code - Two (2) Cases
• Conference with Legal Counsel-Anticipated Litigation - Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the Government Code - One (1) Case - Mayor Rhoades recused himself from the discussion.
• Appointment of a Public Employee - Interim City Manager - Government Code 54957
• Public Employee Performance Evaluation - Acting City Manager - Government Code 54957
M. ADJOURNMENT:
It was moved by Councilmember Wratten, seconded by Vice Mayor Mitchell and carried to adjourn the meeting.
Respectfully submitted,
Janice Traverso
City Clerk
CITY OF IONE COUNCIL SPECIAL MEETING MINUTES
Meeting of March 16, 2023
Mayor Rhoades called the meeting to order at 6:00 PM and led the Pledge of Allegiance A. ROLL CALL:
Present: Stacy Rhoades, Mayor
Jack Mitchell, Vice Mayor
Dominic Atlan, Councilmember
Alison LaFayne, Councilmember
Diane Wratten, Councilmember
Staff: Carolyn Walker (Zoom)
Janice Traverso, City Clerk
B. APPROVAL OF AGENDA: Mayor Rhoades announced that in the future Item #1 on Closed Session will be on Open Session.
It was moved by Councilmember Wratten, seconded by Vice Mayor Mitchell and carried to approve the agenda as written.
AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: None
ABSENT: None
ABSTAIN: None
C. PUBLIC COMMENT: None
D. CLOSED SESSION ITEMS: Council convened to Closed Session.
1. Public Employee Performance Evaluation, Acting City Manager pursuant to Government Code Section 54957(b)
2. Performance Evaluation for City Attorney pursuant to Government Code 54957(b) E. DISPOSITION OF CLOSED SESSION ITEMS: Mayor Rhoades announced that information was received and direction was given on the following:
1. Public Employee Performance Evaluation, Acting City Manager pursuant to Government Code Section 54957(b)
2. Performance Evaluation for City Attorney pursuant to Government Code 54957(b) F. ADJOURNMENT:
The meeting was adjourned.
Respectfully submitted,
Janice Traverso
City Clerk
CITY OF IONE COUNCIL EMERGENCY MEETING MINUTES
Meeting of March 17, 2023
Mayor Rhoades called the meeting to order at 1:00 PM and led the Pledge of Allegiance.
A. ROLL CALL:
Present: Stacy Rhoades, Mayor
Jack Mitchell, Vice Mayor
Dominic Atlan, Councilmember
Alison LaFayne, Councilmember
Diane Wratten, Councilmember (Zoom)
Staff: Carolyn Walker (Zoom)
Janice Traverso, City Clerk
B. APPROVAL OF AGENDA:
It was moved by Councilmember Atlan, seconded by Vice Mayor Mitchell and carried to approve the agenda as written.
AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: None
ABSENT: None
ABSTAIN: None
C. PUBLIC COMMENT:
Councilmember Atlan commented that he believes this is not an Emergency meeting because this meeting is a clean up for something that should have been done last night.
Unfortunately, instead of asking for advice or reporting out correctly, the Mayor chose to belittle me once again and here we are doing clean up the next day. I hope moving forward the Mayor's attitude will change.
D. CLOSED SESSION ITEMS:
1. Public Employee Performance Evaluation, Acting City Manager pursuant to Government Code Section 54957(b)
2. Performance Evaluation for City Attorney pursuant to Government Code 54957(b) E. DISPOSITION OF CLOSED SESSION ITEMS:
Mayor Rhoades commented that last night in Closed Session the City Attorney was not physically present and we had poor communication, so | did not want to report out the details until I got proper direction, and the Attorney was not on the phone when we came out of Closed Session.
1. Public Employee Performance Evaluation, Acting City Manager pursuant to Government Code Section 54957(b) - Acting City Manager submitted his resignation effective March 17, 2023. Council appointed Ken Mackey, Acting City Manager. Council gave staff direction to recruit Interim City Manager
2. Performance Evaluation for City Attorney pursuant to Government Code 54957(b) - Prentice Long withdrew legal representation effective April 15, 2023 pursuant to agreement with City. Council direction staff to create an RFP to recruit a City
CITY OF IONE COUNCIL MEETING MINUTES
Meeting of March 21, 2023
Mayor Rhoades called meeting to order at 6:00 PM
A. ROLL CALL:
Present: Stacy Rhoades, Mayor
Jack Mitchell, Vice Mayor
Dominic Atlan, Councilmember
Alison LaFayne, Councilmember
Diane Wratten, Councilmember
Staff: John Alfred, Acting City Manager
Carolyn Walker, City Attorney
Janice Traverso, City Clerk
B. PLEDGE OF ALLEGIANCE:
Mayor Rhoades led the Pledge of Allegiance.
C. APPROVAL OF AGENDA:
It was moved by Councilmember LaFayne, seconded by Mayor Rhoades to remove Item #8- Accept Cost Benefit Analysis of Waste Water Operation and Discuss and Make Recommendation to City Staff for Management of WWTP and Tertiary Plant for corrections that need to be made and put it on the next agenda. Councilmember Atlan asked to leave Item #8 on the agenda. It was by Councilmember LaFayne, seconded by Vice Mayor Mitchell to recall motion.
AYES: Mitchell, Atlan, LaFayne, Wratten
NOES: Rhoades
ABSENT: None
ABSTAIN: None
It was moved by Vice Mayor Mitchell, seconded by Councilmember Atlan and carried to leave Item #8 on the agenda.
AYES: Mitchell, Atlan, LaFayne, Wratten
NOES: Rhoades
ABSENT: None
ABSTAIN: None
D. PRESENTATIONS/ANNOUNCEMENTS: None
E. PUBLIC COMMENT:
Larry Rhoades spoke to the expenses from Prentice Long PC for the Gani case listed in Closed Session.
Mitzi Windley, lone Picnic Association has requested use of Evalynn Bishop for March and April for four hours per week (total 40 hours) for the Miss lone Pageant practice and was quoted $50.00 per hour. The total fee would cost more than two scholarships that we give out. The only cost to the City would be for lights and maybe heat and do not consider it a gift of public funds, because of the improvements and manhours donated to the Park by the Picnic Association.
Mitzi also asked if the Picnic Association could bring in a new stage for the Miss lone Pageant to replace the current stage. Vice Mayor Mitchell replied that we vote tonight, you apply and those fees will be waived and you can move on.
Councilmember LaFayne commented that you are very much appreciated. • Dave Anderson asked:
1. If the First Quarter Groundwater Report is available
2. When will the Second Quarter Groundwater be conducted
3. What parameters they will be testing for
• Justin Howard, Director of ACRA introduced himself to the Council and looking forward to having a discussion regarding the pool.
• Tommy Quinn asked if the City has a new Building Inspector and Code Enforcement Officer
• Kip Garvey asked that the Interconnection Project be on the next City Council meeting.
F. CONSENT CALENDAR:
It was moved by Councilmember Wratten, seconded by Councilmember LaFayne and carried to approve the following:
1. Approval of Minutes - February 7, 2023 and February 13, 2023
2. Finance and Treasury Report FY 2022-2023 - February 2023
3. Invoice Approvals for Payment
4. Receive and File Public Works Department 2022 Fourth Quarter Report
5. Receive and File Administration Department 2022 Fourth Quarter Report
6. Appointment to One Vacancy on Standing Committee for Special Districts AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: None
ABSENT: None
ABSTAIN: None
G. PUBLIC HEARING: None
DISCUSSION ITEMS:
For the record: Action minutes provide the necessary documentation of City Council action.
Audio recordings are retained for those desiring more detail on particular agenda item discussions. These audio recordings provide an accurate and comprehensive backup of City Council deliberations and citizen discussions.
H. REGULAR AGENDA:
7. Consider Approving Revised Proposed Policy for Evalynn Bishop Hall Rental Fees - After discussion by the Council on the proposed policy, it was moved by Vice Mayor Mitchell, seconded by Councilmember Wratten and carried to approve the Evalynn Bishop Hall Rental Fees.
AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: None
ABSENT: None
ABSTAIN: None
8. Accept Cost/Benefit Analysis of Waste Water Operation and Discuss and Make Recommendation to City Staff for Management of WWTP and Tertiary Plant. City Engineer Jonathan Mitchell commented that as requested, we would like to pull this item in terms of the report and come back to you with the revised and appropriately correct report for a previous discussion. There was discussion by Council of the items that are correct in the report and items that are not correct.
Bob Nespeca, representing PERC spoke to the errors in the staff report, comments that were made by Council and invited everyone to call him and schedule a tour of the plants to show you what kind of service the City has been given.
Steve Owen, Vice President, PERC regarding the report that was plagiarized and referenced the City of Santa Paula. Mr. Owen also encouraged the City to move forward on an RFP because the City is running out of time.
It was moved by Vice Mayor Mitchell, seconded by Councilmember Atlan and carried to move forward with an RFP for the management of the Waste Water and Tertiary Plants.
AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: None
ABSENT: None
ABSTAIN: None
9. Approval of Request for Proposal (RFP) for City Attorney - The Council was given the RFP for City Attorney prepared by Dave Prentice. Council recessed for five minutes to review the document. After discussion by Council on the RFP, it was moved by Vice Mayor Mitchell, seconded by Councilmember LaFayne and carried to approve the RFP for City Attorney.
AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: None
ABSENT: None
ABSTAIN: None
I. REPORTS AND COMMUNICATIONS FROM CITY MANAGER: None
1. COUNCIL COMMENTS/COMMITTEE REPORTS/FUTURE AGENDA ITEM:
• Update from Wes Yost on all the projects he is working on • Vice Mayor Mitchell requested:
1) Information on the website and Zoom link regarding the Howard Park Stakeholder's meeting
March 23, 2023
2) List of all approved projects and developments and any waiting for approval 3) Map of all pipes in the City of lone
4) Copy of the Wastewater Operation Manual
5) Pool on next Park & Recreation Agenda
6) Minutes—we need to be approving the last meeting minutes rather than the minutes from two months ago.
• Mayor Rhoades asked that Written Correspondence be added to the Council agendas.
K. CLOSED SESSION:
• Conference with Legal Counsel-Existing Litigation: Section 54956.9 of the Government Code - Amador Court Case Number 22-CV-12824 - Amador Regional Sanitation Authority (ARSA) v City of lone and California Department of Corrections and Rehabilitation (CDCR)-Update given.
Councilmember Atlan recused himself from this item.
• Conference with Legal Counsel-Existing Litigation: Section 54956.9 of the Government Code - Amador Court Case Number 17-CV-10277 - City of lone v Gani - Information was received and direction was given.
Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to Litigation Pursuant to Paragraph (2) of Section 54956.9 of the Government Code - One (1) Case - Information was received and direction was given.
Appointment of a Public Employee - Interim City Manager - Government Code 54957 - Information was received and direction was given.
Pursuant to Government Code Section 54956.8 with Real Property Negotiator: APN 004-151-012 - Item was tabled until next meeting.
Agency Negotiator: John Alfred, Acting City Manager
Negotiation Parties: Helen Ninnis and Loreta Tillery
L. ADJOURNMENT:
It was moved by Vice Mitchell, seconded by Councilmember Wratten and carried to adjourn the meeting.
Respectfully submitted,
Janice Traverso
City Clerk
CITY OF IONE COUNCIL EMERGENCY MEETING MINUTES
Meeting of March 23, 2023
Mayor Rhoades called the meeting to order at 6:00 PM and led the Pledge of Allegiance A. ROLL CALL:
Present: Stacy Rhoades, Mayor
Jack Mitchell, Vice Mayor
Dominic Atlan, Councilmember
Alison LaFayne, Councilmember
Absent: Diane Wratten, Councilmember
Staff: John Alfred, Police Chief
David Prentice (Zoom)
Janice Traverso, City Clerk
B. APPROVAL OF AGENDA:
It was moved by Vice Mayor Mitchell, seconded by Councilmember LaFayne and carried to approve the agenda as written.
AYES: Rhoades, Mitchell, Atlan, LaFayne
NOES: None
ABSENT: Wratten
ABSTAIN: None
C. REGULAR AGENDA:
1. Appointment of Amy Gedney as Acting City Manager - Dave Prentice explained that because the City did not have staff to serve as Acting City Manager, it was clear to me that there was an emergency in the City. I am proposing to City hire Ms. Gedney as Acting City Manager while the City continues their research for an Interim City Manager.
I am confident that she can serve in this role and will be able to help the City with its current issues and move toward a permanent City Manager.
Councilmember Atlan commented on the process followed by the City with the hiring Ms. Gedney.
Councilmember LaFayne commented that she is happy that the City is moving forward and think Ms. Gedney will do a great job.
Vice Mayor Mitchell commented that he is looking forward to putting this City on a path that is better than it has ever been for the last 20 years.
Mayor Rhoades commented that David Prentice is a very respected attorney and he did everything by the book.
Andy Aguilera, Jim Scully and Michael Politi spoke in favor of the appointment of Amy Gedney.
It was moved by Vice Mayor Mitchell, seconded by Councilmember LaFayne and carried to approve appointment of Amy Gedney as Acting City Manager.
AYES: Rhoades, Mitchell, Atlan, LaFayne
NOES: None
ABSENT: Wratten
ABSTAIN: None
D. ADJOURNMENT:
It was moved by Vice Mayor Mitchell, seconded by Councilmember LaFayne and carried to adjourn.
Respectfully submitted,
Janice Traverso
City Clerk
Agenda Item #
DATE: APRIL 4, 2023
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: AMY GEDNEY, ACTING CITY MANAGER
SUBJECT: POLICE CHIEF COMPENSATION
RECOMMENDED ACTION:
Adopt Resolution 2023-* of the City Council of the City of lone establishing compensation and benefits for the Chief of Police pursuant to municipal code section 2.08.060(b).
FISCAL IMPACT:
If approved, a budget adjustment will be completed to adjust for the deferred compensation change.
BACKGROUND:
John Alfred was appointed to the office of Chief of Police (Chief) effective July 3, 2022.
Historical practice sets the Chief's compensation and benefits by resolution per lone Municipal Code section 2.08.060
The resolution subject to approval is the product of negotiations and is acceptable to the Chief.
The Chief will be subject to the employee handbook adopted by the Council and portions of the Police MOU where appropriate.
DISCUSSION:
The Chief of Police position is an integral and vital part of the organization. As noted, Chief Alfred has been working in this position since July 3, 2022 without the formal Employment Agreement in place. After a review of the salary schedules and employee benefits, I am also recommending that the deferred compensation be increased to $1,000 per month. This will not have the residual employment costs attached to the salary such as PERS, and other taxes.
ATTACHMENTS:
Resolution 2023-* Adopt Resolution 2023-* of the City Council of the City of lone establishing compensation and benefits for the Chief of Police pursuant to municipal code section
2.08.060(b).
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE ESTABLISHING
COMPENSATION AND BENEFITS FOR THE CHIEF OF POLICE PURSUANT TO MUNICIPAL CODE SECTION 2.08.060(B)
WHEREAS, pursuant to the Government Code sections 38630 er seq. City desires to continue the employment of Police Chief for the City of lone; and WHEREAS, it is the desire of the City Council and City Manager to provide certain benefits, establish certain conditions of employment and to set working conditions for the Chief; and WHEREAS, it is the desire of the City to (1) maintain the services of Chief and to provide inducement for him to remain in such employment, and (2) to make possible full work productivity by assuring the Chief's morale and peace of mind with respect to future security, and (3) to provide just means of terminating Chief's services should he be unable to fully discharge his duties or when the city may otherwise desire to terminate his employment; and WHEREAS, Chief desires to accept continued employment as Chief of Police for the City of Ione.
Now, Therefore, in consideration of the mutual covenants herein contained, the Parties agree that all recitals stated above are true and correct and further agree as follows:
Section 1. Duties.
City hereby agrees to employ Chief to perform the functions and duties as specified in section 2.08.060 of the City's Municipal Code and by Government Code sections 41601 et sec., of the State of California.
Section 2. Termination and Severance pay.
In the event Chief is terminated without cause by the City at such time as Chief is willing and able to perform his duties under this Agreement, then, in that event, City agrees to pay Chief a lump sum cash payment equal to six months of base salary and to continue payments for medical, vision, and dental coverage for six months from date of termination provided, however, that in the event Chief is terminated for good cause, defined as: conviction of any felony; conviction of misdemeanor arising directly out of the Chiefs duties or any crime of moral turpitude; repeatedly failing to carry out policy decisions or lawful directions of the City Manager; repeatedly failing to comply with Chief s obligations under this Agreement; repeatedly failing to comply with policies, standards, and ordinances of the City that are lawfully adopted and not in conflict with this Agreement; deliberate falsification of City records; unauthorized use of City equipment, time, materials or facilities, a pattern of willful abandonment of duties as Chief of Police, or unlawful harassment; then in those events, City shall have no obligation to pay the aggregate severance sum designated in Section 2 of this Agreement. In the event of termination of this Agreement, City agrees to work with Chief on the working of a mutually agreeable announcement of termination.
Chief Alfred expresses his intent to remain as Chief for an additional three (3) years from the effective date of this Agreement. In the event Chief voluntarily resigns his position with City then Chief shall give sixty (60) days notice in advance, unless the Parties otherwise agree. Chief and City agree that should Chief be offered other employment during such three-year period, Chief, prior to accepting such offer of employment, advise the City Manager of his intent to accept the offer and provide the City the opportunity to meet with him to discuss the offer and other matters as might be desired by either Party. The Parties agree to extend this contract for an additional two-year period upon agreement of a negotiated salary and additional term and ratification by the City Council.
Section 3. Disability.
If Chief is permanently disabled or is otherwise unable to perform his duties due to industrial injuries or illness of any nature causing his disability for a period exceeding eight (8) successive weeks after exhaustion of accrued sick leave, then City shall have the option to terminate this Agreement, subject to severance pay requirements of Section 2. paragraph A.
Section 4. Salary.
City agrees to pay Chief for his services rendered pursuant hereto an annual base salary of 105,824.00 payable in installments at the same time as other employees of the City are paid.
In addition, City agrees, to increase said base salary if the Chief has received satisfactory performance reviews from the City Manager. Any further compensation increases shall be dependent on and contingent on City's financial ability. Such plan is currently 3.7% at fifty- seven (57) modified formula for Local Safety Members retirement plan (section 21362.2), with final compensation to be considered an average of the employee's three (3) highest-salaried years of service. Chief is responsible for thirteen percent (13) employee contribution into PERS.
Section S. Holiday Benefits.
Chief shall be entitled to the same holidays as other management employees of the City of lone, as established annually by the city council. The city currently observes eleven (11) holidays plus two (2) floating holidays.
Section 6. Retirement.
City has executed all necessary documents to enroll Chief in the public Employees, Retirement System of the state of California. The Chief may participate in the city's deferred compensation program and the city will contribute $1,000.00 per month, on the Chief's behalf into the city's deferred compensation program.
Section 7. Leaves.
Vacation - Chief shall receive three (3) weeks of paid vacation per year. Total accrual of vacation time, however, shall be limited to six (6) weeks. It is the City's intent that the Chief use his vacation each year.
Administrative Leave - Chief shall be entitled to take five (5) days of administrative leave each year all of which will be made available immediately upon hire and available for use at any time. Unused administrative leave will not carry over to the next year.
Sick Leave - Chief will receive 12 days of accrued sick leave upon execution of this agreement, and will accrue one (I) day of sick leave per month for an annual total of twelve (12) days and may nor accumulate more than 490 hours (60 days) total sick time. upon retirement, the Chief shall have the option of being paid for one-half of the unused sick time or applying one- half of the unused sick time toward time in service for retirement purposes as described in Section 2 herein.
Bereavement Leave - The City will provide Chief with up to three (3) days in state or five (5) days out of state paid bereavement leave in the event of a death in the employee's immediate family. For purposes of this section, "immediate family" is defined as the employee's spouse, parent, child or sibling, the employee's spouse's parent, child, sibling. The term "spouse" includes a registered domestic partner.
Section 8. Dues and Subscriptions.
City agrees to budget and to pay for professional dues and membership in the California Police Chiefs Association and the International Association of Chiefs of Police to allow Chief Alfred's continued full participation in these organizations.
Section 9. Performance Evaluation.
City Manager shall review and evaluate the performance of Chief annually. Said review and evaluation shall be in accordance with specific criteria developed jointly by the city Manager and Chief. Said criteria may be added to or deleted from as the city Manager may from time to time determine after consultation with Chief. The city Manager shall provide Chief with a summary of written statement of the findings of the City.
Section 10. Indemnification and Bonding:
City shall defend, save harmless and indemnify Chief against any to professional liability claim and demand or other legal action, with the exclusion of any criminal charges or an action brought by either the California Attorney General or the city of lone or both, pursuant to Government code section 12650 (False claims Act), whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Chiefs duties as Chief of police.
Section 11. Other Terms and Conditions of Employment:
Section 12. Notices.
Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:
(1) City: Ione City Manager City of lone I E. Main Street lone, CA 95640 (2) Chief: John Alfred Confidential
Alternatively, notices required pursuant to this Agreement may be personally served.
Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in with the United States postal Service.
Conditions of thereafter may be amended, except as otherwise set forth herein, also sha apply to Chief as they do to city Department Heads. Chief is eligible for retiree health benefits on the same terms and conditions as such benefits are offered to City Department Heads. City and Chief agree to re-open negotiations regarding the cash-in lieu and retiree health benefits provisions, should there be a change in the terms and conditions governing the lone peace Officers Association or Department Heads.
Section 13. General Provisions.
A. The text herein shall constitute the entire Agreement between the parties.
B. This agreement shall become effective upon date of approval by the city council after execution Chief and City Manager.
C. No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing by the City and Chief. waiver of any breach or lack of compliance of one or more sections of this agreement shall not be effective as a waiver of a breach of other terms and conditions of this Agreement.
D. This Agreement shall be binding upon or shall insure the benefit of the respective heirs, executers, administrators, successors and assigns of the parties provided, however, that Chief may not assign Chief s obligations hereunder.
E. This Agreement shall be governed by and construed in accordance with the laws of the State of California and venue for resolution of disputes shall be in Amador County.
F. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed servable. shall not be affected and shall remain in full force and effect.
NOW THEREFOR BE IT RESOLVED, that the Council hereby adopts the above compensation, benefits, and work conditions.
The foregoing resolution was duly introduced and adopted by the City Council of the City of lone on April 4, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
EXECUTED BY:
CITY OF IONE
Stacy Rhodes, Mayor Date:_
CITY OF IONE
Amy Gedney, Acting City Manager Date:
ATTEST:
Janice Traverso, City Clerk Date:
APPROVED AS TO FORM:
Carolyn Walker, City Attorney
Agenda Item #
DATE: April 4, 2023
TO: THE HONORABLE MAYOR RHOADES AND MEBERS OF THE CITY
COUNCIL
FROM: John Alfred, Chief of Police
SUBJECT: National Night Out 2023 Resolution
RECOMMENDED ACTION:
Adoption of Resolution 2023-* of the City Council of the City of lone proclaiming National Night Out in the City of lone on Tuesday, August 1, 2023.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
BACKGROUND:
National Night Out was introduced in 1984 as a crime and drug prevention event. This event has grown over the years to strengthen police and community relations, bring resources and the public together, and encourage community participation in crime prevention and local policing efforts.
The lone Police Department is excited to host lone's first formal National Night Out on August 1, 2023 at Howard Park.
ATTACHMENTS:
None
RESOLUTION NO. 2023-—
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE
PROCLAIMING NATIONAL NIGHT OUT IN THE CITY OF IONE ON
TUESDAY, AUGUST 1, 2023
WHEREAS, National Night Out, "America's Night Out Against Crime", was introduced by the National Association of Town Watch (NATW) in 1984 as a unique crime/drug prevention event, and;
WHEREAS, NATW is a nationwide, non-profit crime prevention organization, which works to promote police-community partnerships to develop and maintain crime and drug prevention programs throughout the country, and;
WHEREAS, National Night Out is a high-impact type of crime prevention event that has been developed to heighten awareness and strengthen participation within local communities and;
WHEREAS, National Night Out has proven to be an effective, inexpensive, and enjoyable program that strengthens neighborhood spirit and police-community partnerships in our fight for a safer nation, and;
WHEREAS, While the traditional "lights on" and front porch vigils remain a part of National Night Out, activities have grown considerably over the years to include community block parties, cookouts, parades, visits from police, festivals, neighborhood walks, safety fairs, contests, rallies and meetings, and;
WHEREAS, lone Police Department's Annual National Night Out festivals involve citizens, law enforcement agencies, civic groups, nonprofit organizations, service organizations, businesses, and local officials from the City, and;
WHEREAS, Citizens of lone are encouraged to learn about crime prevention, community group participation, and neighborhood watch.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of lone does hereby Proclaim "The 2023 Annual National Night Out" for the 1st day of August 2023.
The foregoing resolution was duly introduced and adopted by the City Council of the City of lone at their regular meeting held on April 4, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Stacy Rhoads, Mayor
Attest:
Janice Traverso, City Clerk
Agenda Item #
DATE: April 4, 2023
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: AMY GEDNEY, ACTING CITY MANAGER
SUBJECT: CONFLICT OF INTEREST WAIVER FOR AMY GEDNEY AS ACTING CITY
MANAGER
RECOMMENDED ACTION:
Adopt Resolution 2023-* of the City Council of the City of lone authorizing the mayor to sign a conflict waiver for Amy Gedney.
FISCAL IMPACT:
There is no fiscal impact.
BACKGROUND:
Amy Gedney was previously employed as the General Manager for the Amador Regional Sanitation Authority, ARSA. The City of lone and ARSA are currently engaged in mediation discussions relating to litigation instigated by ARSA.
DISCUSSION:
As mediation discussions begin, and to ensure that the issue of a conflict of interest is addressed, given that I previously represented ARSA and will now represent lone, and to ensure that our legal Conist ising in my represention of lone dring secret nego adors id RA and alo me to attend settlement discussions and contribute to the settlement talks.
ATTACHMENTS:
Resolution 2023-* of the City Council of the City of lone authorizing the mayor to sign a conflict waiver for Amy Gedney.
RESOLUTION NO. 2022-23-*
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE
AUTHORIZING THE MAYOR TO SIGN A CONFLICT WAIVER FOR AMY GEDNEY WHEREAS, on March 23, 2023, the City Council of the City of lone appointed Amy Gedney to serve as Acting City Manager, and
WHEREAS, prior to her engagement with the City of lone, Ms. Gedney served as General Manager for the Amador Regional Sanitation Authority, ARSA; and WHEREAS, the City of lone and ARSA are currently involved in litigation pending in the Amador Superior Court; and
usering that the peed ey a resion for her posio i teet age he pending litigation; and
WHEREAS, lone and ARSA are now in settlement negotiations; and WHEREAS, with Ms. Gedney's knowledge and the best interests of lone and ARSA in mind, she can be a benefit to the settlement process;.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of lone hereby waives and conflict existing in Ms. Gedney's representation of lone during settlement negotiations with ARSA and would like her to proceed with settlement discussions with ARSA.
BE IT FURTHER RESOLVED, that the City Council hereby authorizes the Mayor to sign ATTACHMENT A which is the conflict waiver with Ms. Gedney and ARSA.
The foregoing resolution was duly introduced and adopted by the City Council of the City of Ione at their regular meeting held on April 4, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: Stacy Rhoades, Mayor
OF ION
CITY OF IONE
P.O. BOX 398
1 E. MAIN STREET
IONE, CA 95640
ALIFORNI (209) 274-2412
FAX (209) 274-2830
March 28, 2023
City Council
City of lone
Re: Conflict Disclosure/Waiver - Amy Gedney Acting City Manager The City of lone (lone) and the Amador Regional Sanitation Authority (ARSA) are currently involved in litigation pending in the Amador Superior Court. Prior to my appointment on March 23, 2023 as Acting City Manager for Ione I was general manager of ARSA. I resigned that position prior to my appointment. The prior ARSA position puts me in a current conflict of interest with lone and ARSA in the pending litigation.
Ione and ARSA are now in settlement negotiations. I believe with the knowledge I have and with the best interests of lone and ARSA in mind, I can be a benefit to the settlement and request that the City Council and ARSA waive any conflict existing in my representation of lone during settlement negotiations with ARSA and allow me to attend settlement discussions and contribute to the settlement talks.
Sincerely,
Amy Gedney
Acting City Manager
Conflict waiver approved March _ 2023
Vote _AYE No
lone
Stacy Rhoades, Mayor
City of lone
Conflict waiver approved March - 2023
ARSA