Agenda — Ione City Council, April 2, 2024

REGULAR MEETING STARTS AT 6:00 PM
AT 1 E. MAIN STREET, IONE, CA 95640

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Tuesday, April 2, 2024

THE 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 Ione 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. 6:00 P.M. REGULAR MEETING AGENDA
A. ROLL CALL
B. CLOSED SESSION:

CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: Andy Pinasco, City Attorney Unrepresented employee: City Manager

PUBLIC EMPLOYEE APPOINTMENT
Title: City Manager
If all matters are not completed prior to the regular meeting start time, the City Council will convene to Closed Session after the Regular Meeting ends.

A. PLEDGE OF ALLEGIANCE
B. REPORT OUT OF CLOSED SESSION
C. APPROVAL OF AGENDA
D. PRESENTATIONS/ANNOUNCEMENTS: None
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 Ione 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? F. INFORMATION ITEMS:

All matters listed under this category are for information only with no action to be taken by the City Council.

G. CONSENT CALENDAR:

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 Councilmember(s).

1. Minutes of March 5, 2024 and March 15, 2024

2. Warrants

3. Resolution 2024-* Approving Task Orders with West Yost H. REGULAR AGENDA:

1. Contract for City Manager Services
Recommendation: Adopt Resolution 2024-* Approving a contract for City Manager Services.

I. REPORTS AND COMMUNICATIONS FROM CITY ATTORNEY
J. REPORTS AND COMMUNICATIONS FROM CITY MANAGER
K. COUNCIL COMMENTS/COMMITTEE REPORTS/FUTURE AGENDA ITEMS L. RESUME TO CLOSED SESSION IF NECESSARY
M. REPORT OUT OF CLOSED SESSION
N. ADJOURNMENT TO REGULAR MEETING ON APRIL 16, 2024

NOTICE REGARDING CHALLENGES TO DECISIONS
Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources 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.

Agenda Item #G1

CITY OF IONE COUNCIL MEETING MINUTES
March 5, 2024
Mayor LaFayne called meeting to order at 6:00 PM
A. ROLL CALL:

Present: Alison LaFayne, Mayor
Diane Wratten, Vice Mayor (6:10 p.m.)
Dominic Atlan, Councilmember
Jack Mitchell, Councilmember

Absent: Stacy Rhoades
Staff: Amy Gedney, Interim City Manager
Andy Pinasco, City Attorney
Janice Traverso, City Clerk

B. CLOSED SESSION:

Moved by Mayor LaFayne, seconded by Councilmember Atlan and carried to move the Closed Session to the end of the meeting.

Public Employee Appointment (Gov. Code 54957)
Title: City Manager
Conference with Labor Negotiations (Gov. Code 54957.6)
Agency Representative: Legal Counsel
Unrepresented Employee: City Manager
Conference with Legal Counsel – Anticipated Litigation
Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) of Gov.

Code 54956.9 (1 Case)
AYES: LaFayne, Atlan, Mitchell
NOES: None
ABSTAIN: None
ABSENT: Rhoades, Wratten
C. MAYOR LAFAYNE LED THE PLEDGE OF ALLEGIANCE
D. APPROVAL OF AGENDA:

Moved by Councilmember Atlan, seconded by Councilmember Mitchell and carried to approve the agenda.

AYES: LaFayne, Atlan, Mitchell
NOES: None
ABSTAIN: None
ABSENT: Rhoades, Wratten
Agenda Item #G1
E. PRESENTATIONS/ANNOUNCEMENTS:
• Swearing in of new Ione Police Officer Alondra Novoa and Corporal Joseph Andriola – After the introduction of Police Officer Alondra Novoa and Joseph Andriola promotion to Corporal by Police Chief John Alfred, the City Clerk, Janice Traverso administered the Oath of Office to Officer Novoa and Corporal Andriola.
• John Alfred presented Sue Chase with the Heart of a Lion Award for her outstanding service to the Police Department with over 900 volunteer hours. • John Alfred presented Special Department Awards to Officer McKeon, Sutter Creek Police Department, former Police Corporal Michael Damiano, Sergeant Sgroi, Corporal Andriola, and Reserve Police Officer Brian Campbell for their service above and beyond during the tragedy in the City on October 30, 2023.

F. PUBLIC COMMENT:

1. Dave Anderson, I had a Public Records Requests dating back to November 20, 2023 and it was fulfilled last Friday. I received 4,434 pages of stuff that I did not request. Since it is not material that I asked for, I would be surprised if the City pays for that. There was possibly one page that may have been relevant. Mr.

Atlan admitting that the only correspondence with CDCR was his Cal Careers application, which was sort of implies perhaps that he works for CDCR. The 10 day limit for PRA requests includes when it is going to be fulfilled, not just whether the records are available and responsive, but when they are going to be provided. That can be extended for 14 days, but under no circumstances can it be extended telling me when the records are going to be provided, which I never received.

2. Greg Morris, congratulated all the officers involved in the tragedy on October 30, 2023 including Police Chief John Alfred.

G. INFORMATION ITEMS: Information item and no action taken.

1. Staff Report – City of Ione California Public Records Act Procedures – Vice Mayor Wratten asked that this item be pulled for discussion. At the last meeting I asked for how many PRA’s we received in the last six months, how many were outstanding, and who is responsible for fulfilling the PRA’s and receiving them.

This is only a sample or part of what I had asked for, I would like this item to be brought back with the additional information I requested.

Andy Pinasco, City Attorney commented that currently the City Clerk is the one that receives all of the PRA’s. When PRA’s are received, the City Clerk will reach out to all the different department heads, gather the records that are responsive. The City Clerk will reach to me to review and let her know if there are any documents that are exempt from disclosure and give advice as to how communicate to the requestor. I am reviewing most of them, if not all of them.

Agenda Item #G1
Mr. Anderson brings up the 10 days that the City has to respond to them. We did probably exceed the days because of the amount of PRA’s we have received and from our end we are going to work on that. We try to be as prompt as possible, but we had some issues with getting the large amount of documents transferred electronically.

Moved by Vice Mayor Wratten, seconded by Councilmember Atlan and carried to bring back Public Records Act Procedures.

AYES: LaFayne, Wratten, Atlan, Mitchell
NOES: None
ABSTAIN: None
ABSENT: Rhoades

H. CONSENT CALENDAR:

Moved by Councilmember Atlan, seconded by Vice Mayor Wratten and carried to approve the Consent Calendar:

1. Minutes of February 6, 2024

2. Warrants
AYES: LaFayne, Wratten, Atlan, Mitchell
NOES: None
ABSTAIN: None
ABSENT: Rhoades

DISCUSSION ITEMS:

For the record: Action minutes provide the necessary documentation of City Council action. Audio and visual recordings are available on the City’s website at www.ioneca.com for those desiring to hear the full discussions on each item. These recordings provide an accurate and comprehensive backup of City Council deliberations and citizen discussions.

I. REGULAR AGENDA:

1. Council member training – Council/City Manager form of City Government Recommendation – Andy Pinasco commented that he received a message from multiple Councilmembers regarding Councilmember training. Vice Mayor Wratten commented that her intent was to have this training for all the Committee Members and the Commissions, as well as the Brown Act Training and Ethics Training, as the Council just received this training within the last six months.

2. Agreement with Portlock International – Tabled until March 19, 2024 meeting.

J. REPORTS AND COMMUNICATIONS FROM CITY ATTORNEY: None
K. REPORTS AND COMMUNICATIONS FROM CITY MANAGER: None
Agenda Item #G1
L. COUNCIL COMMENTS/COMMITTEE REPORTS/FUTURE AGENDA
ITEMS:

Councilmember Atlan:
• Commented on the PRA’s – Councilmember Atlan commented on Mr.

Anderson’s PRA, the amount of documents produced and the one document produced between him and CDCR, which was an application to CDCR as a regular citizen.

Park & Recreation Meeting:
a. Discussed the Dog Park including the doggy poop bins b. Discussed the Horse Arena and getting the Committee Park & Rec asked for c. The new Park Coordinator was well received and is recruiting Lifeguards and Summer Program Leaders and Manager
d. Discussed Adopt-A-Park
Councilmember Mitchell:
• Attended the walk for Joel and Charlie Naranjo Memorial Walk, which reminds me how wonderful this community is. This event will be brought back each year.
• Attended the Golden Acorn Awards for Kristi Roots and Kim Grady Mayor LaFayne:
• Presented the City’s Proclamation to Kristi Roots at the Golden Acorn Awards
• Working on the Memorial Bench for the Owens Family
• Update on the Tractor for the Arena
• Update on Economic Development Committee
M. CLOSED SESSION:

Council reconvened to Open Session and Mayor LaFayne announced that direction was given and there was no reportable action.

Agenda Item #G1
N. ADJOURNMENT:

It was moved by Vice Mayor Wratten, seconded by Councilmember Atlan to adjourn.

Respectfully Submitted,
Janice Traverso
City Clerk
Agenda Item #G1

CITY OF IONE COUNCIL SPECIAL MEETING MINUTES
Meeting of March 15, 2024
A. ROLL CALL:

Present: Alison LaFayne, Mayor
Diane Wratten, Vice Mayor
Dominic Atlan, Councilmember
Jack Mitchell, Councilmember
Stacy Rhoades, Councilmember
Staff: Andy Pinasco, City Attorney
Amy Gedney, Interim City Manager
Janice Traverso, City Clerk

B. CLOSED SESSION:

PUBLIC EMPLOYEE APPOINTMENT (Gov. Code 54957)
C. REPORT OUT OF CLOSED SESSION:

Mayor LaFayne reported that there was no reportable action on the following:

PUBLIC EMPLOYEE APPOINTMENT (Gov. Code 54957)
D. ADJOURNMENT:

The meeting was adjourned.

Respectfully submitted,
Janice Traverso
City Clerk
Agenda Item #G2
DATE: APRIL 2, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JODI STENECK, FINANCE MANAGER
SUBJECT: APRIL 2, 2024 WARRANTS
RECOMMENDED ACTION:

Staff recommends that the council review and approve the attached warrant list.

FISCAL IMPACT:
$77,322.94
ATTACHMENTS:

A. Warrant list dated 4-2-2024
Attachment #G2A

Agenda Item #G3
RESOLUTION 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE AUTHORIZING BUDGET AMENDMENTS TO THE FISCAL YEAR 2023-2024 OPERATING BUDGET

AND PROGRAMMING OF CAPITAL EXPENDITURES FROM CAPITAL FUNDS TO INCORPORATE TASK ORDERS ASSOCIATED ON-CALL ASSISTANCE, TITLE 22 BEST MANAGEMENT PRACTICES AND IMPROVEMENTS TO THE CITY’S SCADA

SYSTEM AT THE CASTLE OAKS WATER RECLAMATION FACILITY
WHEREAS, the City Council of the City of Ione adopted its Fiscal Year Operating Budget for 2023-2024; and
WHEREAS, from time to time it is necessary to amend the Budget; and WHEREAS, the City Council desires to have on-call engineering services with West Yost; and
WHEREAS, the City has been developing a Revised Title 22 report and additional work is needed to incorporate that work into best management practices at the City-owned Castle Oaks golf course to ensure Title 22 compliance; and
WHEREAS, the City’s Castle Oaks Water Reclamation Facility, COWRF, is in need of improvements to its SCADA system, and
WHEREAS, the City’s contracted engineering firm, West Yost has previously laid out a plan for moving forward with improvements and permitting to incorporate a regional approach that will benefit users and treat treated effluent; and WHEREAS, West Yose has provided Task Orders for: 1) On-Call engineering services, 2) Best Management Practices for Title 22 compliance, and 3) COWRF SCADA improvements, included as Attachments A,B, and C respectively.

NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Ione the following changes shall be incorporated into the 2023-2024 Operating Budget and Capital Budget:

Description Fund Fund Desc Dept Dept Desc Amount
Professional
Engineering
Services
3111 WWTP 90 Engineering $25,000
Professional
Engineering
Services
3131 Tertiary 90 Engineering $38,439
Professional
Engineering
Services
3141 Tertiary Capital 90 Engineering $450,608
Agenda Item #G3
The foregoing Resolution was duly passed introduced and adopted by the City Council of the City of Ione at their regular meeting held on April 2, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Alison LaFayne, Mayor
Attest:
_______________________________
Janice Traverso, City Clerk
1001 Galaxy Way
Suite 310
Concord CA 94520
925.949.5800 phone
530.756.5991 fax
westyost.com
March 8, 2024 SENT VIA: EMAIL
Ms. Amy Gedney
Interim City Manager
City of Ione, California
[email protected]
SUBJECT: Proposal for As-Needed Wastewater Engineering Services to the City of Ione Dear Ms. Gedney:

West Yost appreciates the opportunity to provide this letter proposal to the City of Ione (City) for as-needed engineering services related to permitting of the City’s wastewater treatment and disposal facilities.

SCOPE OF SERVICES
Wastewater support services will be provided on an as-needed basis, and work will only be performed that is specifically requested by the City. The specific work efforts and deliverables under this task cannot reasonably be determined at this time. The services may include, but are not necessarily limited to:
• Assistance related to understanding general regulatory compliance issues and implementing the measures needed to maintain compliance.
• Support with special studies or reporting requirements with which the City may want assistance.
• Reviewing and developing responses to correspondences from Regional Board and State Water Resources Control Board.
• Completing reviews of collected monitoring data.
• Attending and preparing for meetings with the City and/or local stakeholders.

FEE ESTIMATE
An estimated fee of $25,000 is proposed for these efforts. The scope of work will be limited to work that can be completed within the available budget and all work will be performed on a time and materials basis at standard company charge rates (Attachment A). Monthly invoices will detail the efforts and costs.

Depending on the level of effort required, a scope and budget amendment may be necessary in the future.

If additional budget is required to complete work requested by the City, West Yost will request City authorization prior to exceeding the budget.

Attachment #G3A
Ms. Amy Gedney
March 8, 2024

Page 2 ends

N-M-C-IONE-LP-2023 AS NEEDED
Thank you for providing West Yost the opportunity to be of continued service to the City of Ione. Please call if you have any questions or require additional information.

Sincerely,

WEST YOST
Kathryn Gies, PE
Project Manager
RCE #65022
cc:

Attachment(s): West Yost 2024 Billing Rate Schedule
West Yost 2024 Billing Rate Schedule
Attachment A
(Effective January 1, 2024, through December 31, 2024)*

POSITIONS

ENGINEERING
Principal/Vice President $355
Engineer/Scientist/Geologist Manager I / II $335 / $351 Principal Engineer/Scientist/Geologist I / II $302 / $322 Senior Engineer/Scientist/Geologist I / II $272 / $286
Associate Engineer/Scientist/Geologist I / II $226 / $243 Engineer/Scientist/Geologist I / II $176 / $205
Engineering Aide $106
Field Monitoring Services $131
Administrative I / II / III / IV $97 / $121 / $145 / $160

ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II $349 / $351
Principal Tech Specialist I / II $320 / $331
Senior Tech Specialist I / II $293 / $306
Senior GIS Analyst $265
GIS Analyst $251
Technical Specialist I / II / III / IV $187 / $213 / $239 / $267 Technical Analyst I / II $134 / $160
Technical Analyst Intern $108
Cross-Connection Control Specialist I / II / III / IV $140 / $151 / $170 / $189 CAD Manager $211
CAD Designer I / II $164 / $185

CONSTRUCTION MANAGEMENT
Senior Construction Manager $338
Construction Manager I / II / III / IV $201 / $215 / $228 / $289 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $181 / $201 / $224 / $232 Apprentice Inspector $164
CM Administrative I / II $87 / $118
Field Services $232
2024 Billing Rate Schedule

LABOR CHARGES (DOLLARS PER HOUR)
■ Hourly rates include charges for technology and communication, such as general and CAD computer software, telephone calls, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside services, such as vendor reproductions, prints, and shipping; major West Yost reproduction efforts; as well as engineering supplies, etc., will be billed at the actual cost plus 15%. ■ The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Subconsultants will be billed at actual cost plus 10%. ■ Expert witness services, research, technical review, analysis, preparation, and meetings will be billed at 150% of standard hourly rates. Expert witness testimony and depositions will be billed at 200% of standard hourly rates. ■ A finance charge of 1.5% per month (an annual rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. * This schedule is updated annually Page 1 of 2
(Effective January 1, 2024, through December 31, 2024)* Equipment Charges

EQUIPMENT
2" Purge Pump & Control Box $300 / day
Aquacalc / Pygmy or AA Flow Meter $28 / day
Emergency SCADA System $35 / day
Field Vehicles (Groundwater) $1.02 / mile
Gas Detector $80 / day
Generator $60 / day
Hydrant Pressure Gauge $10 / day
Hydrant Pressure Recorder, Impulse (Transient) $55 / day Hydrant Pressure Recorder, Standard $40 / day
Low Flow Pump Back Pack $135 / day
Low Flow Pump Controller $200 / day
Powers Water Level Meter $32 / day
Precision Water Level Meter 300ft $30 / day
Precision Water Level Meter 500ft $40 / day
Precision Water Level Meter 700ft $45 / day
QED Sample Pro Bladder Pump $65 / day
Storage Tank $20 / day
Sump Pump $24 / day
Transducer Communications Cable $10 / day
Transducer Components (per installation) $23 / day
Trimble GPS – Geo 7x $220 / day
Tube Length Counter $22 / day
Turbidity Meter $30 / day
Turbidity Meter (2100Q Portable) $35 / day
Vehicle (Construction Management) $10 / hour
Water Flow Probe Meter $20 / day
Water Quality Meter $50 / day
Water Quality Multimeter $185 / day
Well Sounder $30 / day

BILLING RATES
2024 Billing Rate Schedule
* This schedule is updated annually Page 2 of 2
6800 Koll Center Parkway
Suite 150
Pleasanton CA 94566
925.426.2580 phone
530.756.5991 fax
westyost.com
March 11, 2024 SENT VIA: EMAIL
Amy Gedney
Interim City Manager
City of Ione, California
[email protected]
SUBJECT: Proposal for Coverage Test and Best Management Practices for Castle Oaks Golf Course Dear Amy:

The purpose of this letter proposal is to provide City of Ione (City) with a proposed scope of services, budget and schedule to perform a coverage test and develop Best Management Practices (BMPs) for the Castle Oaks Golf Course (Golf Course) and streetscape along Castle Oaks Drive to maintain compliance with Title 22 regulations (Title 22).

SCOPE OF SERVICES
The following is a list of the key tasks necessary to perform this proposed scope of services, each further described below:
• Task 1. Coverage Test/Punch list
• Task 2. Irrigation BMPs Development
• Task 3. Coordination and Meetings
Task 1. Coverage Test/Punch list
West Yost’s American Water Works Association certified Cross-Connection Control Specialist (Specialist) will perform a coverage test to evaluate potential recycled water overspray onto private properties. West Yost Specialist will schedule and coordinate with the golf course a site walkthrough and prepare a punch list of suggested improvements or modifications. Suggested improvements for overspray may include:
• Reduce spray patterns
• Reduce valve or head pressures
• Eliminate or relocate irrigation heads
• Employ wind sensors
Attachment #G3B
Amy Gedney
March 11, 2024

Page 2 ends

N-M-C-CITY OF LONE-LP-2023 TITLE 22 UPDATE-BMPS AND COVERAGE TEST 2024 West Yost Specialist will schedule and coordinate with the golf course a final walkthrough to visually observe completion of punch list items.

Task 2 Assumptions
• Golf Course will provide two staff familiar with the irrigation system to operate the irrigation system. • Coverage test to be conducted on two (2) consecutive days and at the same time as the crossconnection test. If additional days are required due to golf course staff availability, West Yost will provide a revised budget prior to conducting additional inspections. • The Golf Course will be responsible for implementing the suggested improvements.

Task 2 Deliverables
• West Yost will provide to the City a punch list of suggested improvements. • West Yost will provide to the City a final inspection punch list signed by the West Yost Specialist.

Task 2 Schedule
• West Yost will provide the punch list within five (5) days of the coverage test. • West Yost will provide the final signed punch list within one (1) week of the final inspection.

Task 2. Irrigation BMPs Development
West Yost will develop irrigation BMPs that the Golf Course should follow to maintain compliance with Title 22. The BMPs will consist of a list of irrigation practices when using recycled water, an inspection checklist for site inspections, a self-monitoring form, and a recycled water do’s and don’ts. The BMPs will be incorporated into the appendix of the Title 22 report.

Task 1 Deliverables
• West Yost will provide electronically to the City a draft and final BMPs to Golf Course and the City Task 1 Schedule
• Draft BMPs: within eight (8) weeks of notice to proceed. • Final BMPS: within two (2) weeks of receipt of comments.

Task 3. Coordination and Meetings
West Yost anticipates meetings and coordination for scheduling, review, and status updates.

West Yost will attend the following meetings in person or virtual, if applicable:
• Task kick-off meeting via video conference call with the City and Golf Course • Review Coverage test results and punch list items
• Review of Recommended BMPs
• Check-in meeting for punch list items
Amy Gedney
March 11, 2024

Page 3 ends

N-M-C-CITY OF LONE-LP-2023 TITLE 22 UPDATE-BMPS AND COVERAGE TEST 2024

PROJECT BUDGET
West Yost’s proposed level of effort and budget for each of the tasks described above is shown in Table 1.

West Yost will perform the scope of services described above on a time-and-expenses basis, at the billing rates set forth in West Yost’s attached 2024 Billing Rate Schedule, with a not-to-exceed budget of $38,439.

Any additional services not included in this scope of services will be performed only after receiving written authorization and a corresponding budget augmentation.

Table 1. Estimated Project Hours and Budget
Task Level of Effort, hours Estimated Budget, dollars
Task 1. Irrigation BMP Development 64 15,748
Task 2. Coverage Test/Punch list 68 16,437
Task 3. Coordination and Meetings 22 6.254
Total Project Hours and Budget 154 $38,439
Thank you for providing West Yost the opportunity to be of continued service to the City of Ione. We look forward to working with you on this important project. Please call if you have any questions or require additional information.

Sincerely,

WEST YOST
Kathryn Gies, PE
Engineering Manager
RCE #65022
Attachment A: West Yost 2024 Billing Rate Schedule
West Yost’s 2024 Billing Rate Schedule
Attachment A
(Effective January 1, 2024, through December 31, 2024)*

POSITIONS

BILLING RATES
2024 Billing Rate Schedule
* This schedule is updated annually Page 2 of 2
2020 Research Park Drive
Suite 100
Davis CA 95618
530.756.5905 phone
530.756.5991 fax
westyost.com
March 8, 2024 SENT VIA: EMAIL
Ms. Amy Gedney
Interim City Manager
City of Ione, California
[email protected]
SUBJECT: Proposal to Provide Engineering Services – SCADA Improvements Detailed Design for the City of Ione Castle Oaks Water Reclamation Facility
Dear Amy:

West Yost Associates (West Yost) is pleased to provide this proposal to provide services for the City of Ione’s (City) Castle Oaks Water Reclamation Facility (COWRF) Supervisory Control and Data Acquisition (SCADA) Improvements Detailed Design.

PROJECT UNDERSTANDING
The COWRF is severely outdated, with multiple components and equipment items remaining from the plant’s original construction in 1992. Many items are outside the manufacturers intended lifespan, are no longer receiving ongoing support, and are more difficult to replace when failures occur. If left unaddressed, performance issues are likely to increase in frequency and magnitude.

In order to identify specific improvements to the COWRF this project includes a condition assessment of the plant, in which all mechanical equipment, structural components, electrical infrastructure, instrumentation, and control system components will be evaluated for condition and performance.

Findings from this effort will be used to develop a list of recommendations for improvements, along with a proposed CIP project list to implement these improvements.

The other portion of this project is intended to address the most immediate need of the COWRF, which is improvements to the plants SCADA system. This project is intended to design improvements to PLC hardware and programming, SCADA hardware and software, and network communications, improving the COWRF’s SCADA performance, efficiency, and resilience.

Included in this effort is a preliminary program and configuration review, and detailed design to develop bid documentation. Additionally, this scope of work includes services to assist the City during contractor bidding periods, and engineering services during construction.

Attachment #G3C
Ms. Amy Gedney
March 8, 2024

Page 2 ends

N-M-C-CITYIONE-C-LP-2024 SCADA

SCOPE OF SERVICES
The following is a list of the key tasks necessary to perform this proposed scope of services, each further described below:
• Task 1. Project Management
• Task 2. COWRF Condition Assessment
• Task 3. Detailed Design for Electrical and SCADA Improvements • Task 4. Engineering Services During Bidding
• Task 5. Engineering Services During Construction
Task 1. Project Management
West Yost will oversee the internal coordination of project activities and tasks. This task includes the preparation of a kickoff meeting, coordination of project activities, review of project progress, and management of project schedule and budget. West Yost will also perform QC review on all project deliverables.

Task 1. Activities
• Kickoff Meeting – West Yost will prepare and coordinate a kickoff meeting to initiate the project. This meeting will include review of the project approach, scope, and project schedule with key City leadership.
• Progress Meetings – West Yost will facilitate as-needed conference calls to review project status, including work completed during the latest report period, work anticipated to be completed during the next reporting period, identified problems/issues that could affect project budget/expenditures and/or schedule, outstanding issues to be resolved, and action items. • Invoicing and Progress Reports – West Yost will prepare invoices and progress reports on a monthly basis.
• Quality Control – Internal QA/QC will be performed for project deliverables prior to final submission to the City.
• Project Closeout – West Yost will conduct final project closeout activities, including final document delivery and final progress report.

Task 1 Deliverables
• West Yost will provide meeting agendas and notes, the kickoff meeting presentation materials, and monthly progress reports and invoices.

Task 2. COWRF Condition Assessment
West Yost will perform a detailed condition assessment to evaluate the condition of equipment critical to the ongoing function of the COWRF. West Yost staff will visit the COWRF and evaluate the condition and performance of all structural, site/civil, mechanical, electrical, and control system assets and equipment.

Following this assessment, West Yost will prepare Technical Memorandums (TM) to summarize the information discovered during the field assessment site visits.

Ms. Amy Gedney
March 8, 2024

Page 3 ends

N-M-C-CITYIONE-C-LP-2024 SCADA
Task 2. Activities
• Work Plan Development – West Yost will prepare a work plan ahead of planned site visits to ensure field assessment is conducted as efficiently as possible. This task will involve review of existing drawings, O&M manuals, equipment lists, and other associated documents to develop a list of assets to investigate during the field assessment. • Field Assessment – West Yost will conduct site visits to evaluate the condition and performance of COWRF assets.
• Draft and Final Condition Assessment TM – Findings from the field assessment will be summarized into a draft TM. Following a review by the City, West Yost will implement requested revisions to develop a final condition assessment TM.

Task 2 Assumptions
• Existing drawings for the COWRF are available and will be provided for West Yost’s review. • Existing O&M Manual for the COWRF is available and will be provided for West Yost’s review. • West Yost will conduct at least one site visit to the COWRF for the condition assessment. City staff will be available to accompany West Yost staff around the plant during the assessment. • A workshop will be conducted to review the Draft Condition Assessment TM with the city before development of the Final Condition Assessment TM.

Task 2 Deliverables
• West Yost will develop Draft and Final Condition Assessment TMs (Process Mechanical). • West Yost will develop Draft and Final Condition Assessment TMs (SCADA and Electrical).

Task 3. Detailed Design for SCADA Improvements
Design services will be provided to develop improvements to the electrical and SCADA system of the COWRF. Control system and SCADA software improvements are developed in the initial stages of this task to inform electrical design activities prior to finalization.

Findings on the electrical and control system asset assessments will inform decisions made during the detailed design for SCADA improvements to the COWRF.

Task 3 Assumptions
• Process improvements identified in the Final Condition Assessment TM are excluded from the detailed design.
• Electrical improvements identified in the Final Condition Assessment TM are excluded from the detailed design.
• Improvements to the onsite lift station are excluded from the detailed design. • City will provide all required front-end specifications (i.e. General Conditions, Instructions to Bidders, etc.).

Task 3.1. Thirty Percent Design
This task begins with a review of existing SCADA software, Programmable Logic Controller (PLC) programming, and network architecture. West Yost will review the existing PLC program and develop AsFound control narratives. After the As-Found control narratives have been developed, a workshop will be conducted with City staff to discuss new functions to be implemented, after which a To-Be Control Strategy will be developed and presented to the City for review.

Ms. Amy Gedney
March 8, 2024

Page 4 ends

N-M-C-CITYIONE-C-LP-2024 SCADA
This task also encompasses the design of new SCADA network architecture, including the development of a bill of materials for new core server hardware. These improvements are intended to improve SCADA communication resilience and allow for implementation of remote access solutions.

West Yost will provide recommendations for new PLC hardware and SCADA software to replace the obsolete components of the existing COWRF SCADA system.

Task 3.1 Assumptions
• Existing COWRF PLC program(s) to be provided by the City. • Existing COWRF SCADA software backup(s) to be provided by the City. • A virtual 4-hour Control Strategy Review Workshop will be conducted to review the existing control narratives and gather information from City staff on desired functions and features of the new SCADA system.
• A site plan will be provided by the City in AutoCAD format.

Task 3.1 Deliverables
• Control Strategy Review Workshop notes.
• West Yost will provide a bill of materials for new PLC hardware. • West Yost will provide a bill of materials for new SCADA server hardware and software. • West Yost will develop a high-level SCADA network block diagram with recommended changes to the existing network architecture.
• West Yost will develop a To-Be Control Strategy detailing new SCADA functions to be implemented in the new SCADA system.

Task 3.2. Ninety Percent Design
A new PLC cabinet will be designed to monitor and control the plant. The existing PLC control section within the existing motor control center (MCC) will be used as a marshalling panel.

A new server rack will be designed to contain SCADA server(s), network switch(es), firewall, and remote access server.

Task 3.2 Deliverables
• West Yost will provide up to ten (10) EI&C pre-final drawings, including:
- Electrical General Notes
- Electrical Symbols and Legends
- Electrical Site Plan
- Admin Building Plan
- Panel Schedule(s)
- Control Panel Demolition
- PLC Cabinet Elevations
- PLC Cabinet Power Distribution Diagrams
- Network Diagrams
• West Yost will provide pre-final Division 26 and Division 40 specifications. • City will provide all required front-end specifications (i.e., General Conditions, Instructions to Bidders, etc.).

Ms. Amy Gedney
March 8, 2024

Page 5 ends

N-M-C-CITYIONE-C-LP-2024 SCADA
Task 3.3. One Hundred Percent Design
Following the development of the pre-final designs and specifications, a review workshop with the City will be conducted to confirm the design is agreed upon by all parties. After the review workshop, Owner comments will be addressed, and the design will be finalized. Each deliverable will undergo West Yost’s QC process.

Task 3.2 Assumptions
• There will be one review workshop with City staff after the pre-final deliverable has been submitted and reviewed.

Task 3.2 Deliverables
• Final versions of the drawings listed in Task 3.2.
• Final versions of Division 26 and Division 40 specifications.

Task 4. Engineering Services During Bidding
Task 4 will include services to assist City staff during the bid period. This scope includes assisting the City staff with the preparation of one bid addendum, if necessary, for City distribution. West Yost will respond to questions during the bidding period, attend the Pre-bid Conference, and assist City staff with bid evaluation. West Yost will also prepare conformed plans and specifications incorporating all addenda items.

Task 4 Assumptions
• One (1) Addendum
• Five (5) hours for contractor questions
• City staff will distribute conformed documents.

Task 4 Deliverables
• West Yost will provide written summaries of discussions with bidders. • West Yost will provide an electronic (PDF) copy of addendum materials. • West Yost will prepare conformed plans and specifications in AutoCAD, Word, and PDF format.

Task 5. Engineering Services During Construction
Task 5 will include services provided during the construction period to ensure compliance with contract documents, including:
• Reviewing up to five (5) submittals and five (5) resubmittals • Reviewing and responding to up to five (5) contractor’s requests for information (RFI) and clarifications during construction.
• Assistance with up to two (2) change orders.
• Preparing record drawings based on contractor markups that have been reviewed and approved by the inspector.

Ms. Amy Gedney
March 8, 2024

Page 6 ends

N-M-C-CITYIONE-C-LP-2024 SCADA
Task 5 Assumptions
• Monthly check-in phone call meetings with UC Davis Project Manager • Five (5) Submittal reviews
• Five (5) RFI reviews
• Two (2) change orders
Task 5 Deliverables
• West Yost will provide Record Drawings in AutoCAD and PDF format.

PROJECT BUDGET
West Yost’s proposed level of effort and budget for each of the tasks described above is shown in Table 1.

West Yost will perform the scope of services described above on a time-and-expenses basis, at the billing rates set forth in West Yost’s attached 2024 Billing Rate Schedule (Attachment A), with a not-to-exceed budget of $450,608. Any additional services not included in this scope of services will be performed only after receiving written authorization and a corresponding budget augmentation.

Table 1. Estimated West Yost Project Budget
Task Estimated Fee, dollars
Task 1. Project Management 66,158
Task 2. COWRF Condition Assessment 81,812
Task 3. Detailed Design for SCADA Improvements 161,570
Task 4. Engineering Services During Bidding 16,271
Task 5. Engineering Services During Construction 124,796 Total Project Budget $450,608

SCHEDULE
West Yost is ready to begin work on this project when authorized by the City as shown on the Project Schedule and Budget (Attachment B).

Thank you for providing West Yost the opportunity to be of continued service to the City of Ione. We look forward to working with you on this important project. Please call if you have any questions or require additional information.

Sincerely,

WEST YOST
Daniel Groves, PE
Engineering Manager
RCSE #7454
Attachments: A. West Yost 2024 Billing Rate Schedule
B. Project Schedule and Budget
West Yost’s 2024 Billing Rate Schedule
Attachment A
(Effective January 1, 2024, through December 31, 2024)*

POSITIONS

BILLING RATES
2024 Billing Rate Schedule
* This schedule is updated annually Page 2 of 2
Project Schedule and Budget
Attachment B
ID Task Name Duration Start Finish Work
1 City of Ione - COWRF SCADA Improvements 620 days Thu 3/21/24 Tue 8/25/26 1,966 hrs 2 Key Milestones 150 days Thu 3/21/24 Mon 10/21/24 0 hrs 3 Notice to Proceed 0 days Thu 3/21/24 Thu 3/21/24 0 hrs 4 90% Design Complete 0 days Mon 10/21/24 Mon 10/21/24 0 hrs 5 COWRF SCADA Upgrades 620 days Thu 3/21/24 Tue 8/25/26 1,966 hrs 6 Task 1 - Project Management 620 days Thu 3/21/24 Tue 8/25/26 262 hrs 7 Kickoff Meeting 1 day Thu 3/21/24 Thu 3/21/24 12 hrs
8 Closeout 2 mons Wed 7/1/26 Tue 8/25/26 0 hrs
9 Task 2 - Condition Assessment 43 days Fri 3/22/24 Tue 5/21/24 286 hrs 10 SCADA and Electrical 43 days Fri 3/22/24 Tue 5/21/24 164 hrs 11 Workplan Development 14 days Fri 3/22/24 Wed 4/10/24 32 hrs 12 Site Visits 2 days Thu 4/11/24 Fri 4/12/24 48 hrs
13 Draft Report Development 16 days Mon 4/15/24 Mon 5/6/24 48 hrs 14 Review Workshop 1 day Tue 5/7/24 Tue 5/7/24 16 hrs
15 Final Report Development 2 wks Wed 5/8/24 Tue 5/21/24 20 hrs 16 Process/Mechanical 43 days Fri 3/22/24 Tue 5/21/24 122 hrs 17 Workplan Development 14 days Fri 3/22/24 Wed 4/10/24 10 hrs 18 Condition Assessment Site Visits 2 days Thu 4/11/24 Fri 4/12/24 24 hrs 19 Structural Assessment Site Visits 1 day Mon 4/15/24 Mon 4/15/24 12 hrs 20 Develop Draft Condition Assessment TM 3 wks Tue 4/16/24 Mon 5/6/24 42 hrs 21 Review Workshop 1 day Tue 5/7/24 Tue 5/7/24 14 hrs
22 Develop Final Condition Assessment TM 2 wks Wed 5/8/24 Tue 5/21/24 20 hrs 23 Task 3 - Detailed Design 190 days Thu 3/21/24 Wed 12/18/24 782 hrs 24 30% Design 60 days Thu 3/21/24 Thu 6/13/24 322 hrs
25 Hardware/Software Recommendation
Development
1 wk Thu 3/21/24 Wed 3/27/24 26 hrs
26 SCADA Core Architecture Design 3 wks Thu 3/28/24 Wed 4/17/24 116 hrs 27 As-Is Control Strategy Review 1 mon Thu 4/18/24 Wed 5/15/24 56 hrs 28 Existing SCADA Program Review 1 mon Thu 3/21/24 Wed 4/17/24 56 hrs 29 To-Be Control Strategy Development 2 mons Thu 4/18/24 Thu 6/13/24 68 hrs 30 90% Design 90 days Fri 6/14/24 Mon 10/21/24 336 hrs
31 Drawings and Specifications (Electrical & I&C) 4 mons Fri 6/14/24 Mon 10/7/24 300 hrs 32 Draft EOPCC 2 wks Tue 9/24/24 Mon 10/7/24 36 hrs
33 Client Review Time 2 wks Tue 10/8/24 Mon 10/21/24 0 hrs 34 100% Design 40 days Tue 10/22/24 Wed 12/18/24 124 hrs 35 Drawings and Specifications (Electrical & I&C) 2 mons Tue 10/22/24 Wed 12/18/24 112 hrs 36 Update EOOPCC 2 wks Thu 12/5/24 Wed 12/18/24 12 hrs
37 Task 4 - Engineering Services During Bidding 30 days Thu 12/19/24 Fri 1/31/25 72 hrs 38 Prepare Addendums 6 wks Thu 12/19/24 Fri 1/31/25 24 hrs 39 Address Contractor Questions 6 wks Thu 12/19/24 Fri 1/31/25 10 hrs 40 Prepare Conformed Documents (Plans and
Specifications)
6 wks Thu 12/19/24 Fri 1/31/25 38 hrs
41 Task 5 - Engineering Services During Construction 360 days Mon 2/3/25 Tue 6/30/26 564 hrs 42 Project Coordination Meetings 18 mons Mon 2/3/25 Tue 6/30/26 180 hrs 43 Submittal Review 18 mons Mon 2/3/25 Tue 6/30/26 100 hrs 44 RFI Responses 18 mons Mon 2/3/25 Tue 6/30/26 92 hrs
45 Change Orders 18 mons Mon 2/3/25 Tue 6/30/26 80 hrs
46 Record Drawing Preparation 18 mons Mon 2/3/25 Tue 6/30/26 112 hrs 3/21
10/21
Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Qtr 3, 2024 Qtr 4, 2024 Qtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 Qtr 3, 2026 Qtr 4, 2026 Qtr 1, 2027 Qtr 2, 2027

Page 1 ends

Agenda Item #H1
DATE: APRIL 2, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ANDY PINASCO, CITY ATTORNEY
SUBJECT: CITY MANAGER CONTRACT
RECOMMENDED ACTION:

Adopt Resolution 2024-* Authorizing the Mayor to Execute A Contract For City Manager Services.

FISCAL IMPACT:

These services are already incorporated as part of the 2023-2024 Operating Budget.

BACKGROUND
The City recently conducted a search for a City Manager using the recruiting firm of Peckham and McKenney. The City Council and a community panel representing members of various community groups conducted interviews on March 15th. Both interview panels interviewed six candidates and ranked the candidates.

The City Council ultimately selected George Lee as the top candidate and directed the City Attorney to conduct negotiations with the candidate.

DISCUSSION
The following is a summary of the provisions of the contract as presented. • Three year term
• Salary is $135,000 annually
• Insurance shall be provided the same as with all employees • Severance pay of three months if within the last three months of the contract. • Leave shall accrue at the same rate as all other employees • Personal Affairs Leave
• 3% City contribution into a 457 Deferred Compensation Plan • City shall pay for professional development training
ATTACHMENTS:

A. Resolution Authorizing the Mayor to execute the City Manager Services contract B. City Manager Service contract
Attachment #H1A
RESOLUTION 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE AUTHORIZING

THE MAYOR TO EXECUTE A CONTRACT FOR CITY MANAGER SERVICES WHEREAS, the City Council of the City of Ione desires services for a City Manager; and WHEREAS, a contract outlining terms and conditions for City Manager Services is attached as Attachment A; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Ione hereby authorizes the Mayor of Ione to execute said contract for City Manager services.

The foregoing Resolution was hereby passed by the following vote on April 2, 2024 AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Alison LaFayne, Mayor
Attest:
_______________________________
Janice Traverso, City Clerk
Attachment #H1B
1754488-3
1 EMPLOYMENT CONTRACT

THIS EMPLOYMENT CONTRACT (“Contract”) is made and entered into this ___ day of April, 2024, by and between the City of Ione, California, a general law city organized under the laws of the State of California, (hereinafter called "Employer" or “City”), and [TBD], (hereinafter called "Employee"), and is effective as of ______________, 2024 (“Effective Date”).

The parties agree as follows:

SECTION 1. DUTIES.

A. General.

Employer hereby employs Employee as City Manager to perform the functions and duties specified in the laws of the State of California, the Municipal Code of the City of Ione, and the Ordinances and Resolutions of the City of Ione, and to perform such other duties and functions as the Council shall from time-to-time assign.

SECTION 2. TERM.

A. The term of this Contract shall be for three (3) years, commencing the Effective Date and terminating at 11:59 P.M. on_______________, 2027. Notwithstanding this Section, Employee’s employment as City Manager is at-will as described in California Labor Code section 2922 and may be terminated at any time during the term of this Agreement for any reason or for no reason subject only to the Municipal Code of the City of Ione, if applicable.

Nothing in this Contract shall prevent, limit, or otherwise interfere with the right of Employee to resign at any time.

B. Notwithstanding any other provision in this Section 2, this Contract may be earlier terminated in accordance with Section 7 of this Contract.

C. Notwithstanding Employee’s efforts to wind up ongoing concerns with his personal affairs, Employee shall remain in the exclusive employment of Employer and shall neither accept other employment nor become employed by any other employer except upon written approval of Employer.

D. The term “employed” shall not be construed to include occasional teaching, writing, or consulting performed on Employee’s time off.

SECTION 3. DISABILITY.

If Employee shall, for whatever reason, become incapable of performing any of the essential functions of Employee’s position, even with reasonable accommodation by Employer, either
Attachment #H1B
1754488-3
2 1. Permanently, or

2. For a period exceeding the period of leave available to the Employee under the Family Medical Leave Act or the California Family Rights Act, or accrued sick leave, whichever is longer,
then Employee shall be deemed to have suffered a disability. Employer and Employee agree that the time period specified in 2. Above is a reasonable accommodation by Employer, and that granting longer time would be an undue hardship on Employer due to the importance of the City having a permanent City Manager.

SECTION 4. SALARY.

Employer agrees to pay Employee, effective___________, 2024, for his duties, at the rate of One Hundred Thirty Five Thousand and 00/100 dollars ($135,000.00) annually for services rendered as City Manager which as of the Effective Date of this Contract through_____________, 2027 is a base monthly salary of Eleven Thousand Two Hundred Fifty and 00/100 dollars ($11,250.00), payable in installments at the same time as other Employees of the Employer are paid, subject to all withholdings for the payment of wages as may be required by law. After the execution of this Contract, if the Employer provides a cost-of-living adjustment (“COLA”) to all employees of the City, Employee shall be entitled to the same COLA. For purposes of calculating future base monthly salary increases as a result of a COLA, the amount of the COLA shall be applied only to the base month salary set forth in the City Salary Schedule.

The City Council shall have the discretion to increase Employee’s base monthly salary at any time.

SECTION 5. HOURS OF WORK.

Employee’s employment as City Manager is classified as “exempt” pursuant to federal and state wage and hour laws. Employee is expected to devote a great deal of time outside normal office hours to business of Employer. To that end Employee will be allowed to take compensatory time off as she shall deem appropriate, during said office hours.

SECTION 6. TECHNOLOGY.

City shall furnish Employee with a cellular phone and laptop computer for her use during the duration of this Agreement, including any extensions.

SECTION 7. TERMINATION
This Contract, and thereby Employee’s employment with Employer, shall terminate upon the occurrence of any of the following events:

Attachment #H1B
1754488-3
3 A. The death of Employee.

B. The dissolution or bankruptcy of Employer.

C. The disability of Employee, as defined in Section 3 of this Contract.

D. The majority of the City Council of Employer votes, in accordance with the Municipal Code of the City of Ione, to terminate the Employee at a duly authorized meeting without cause.

E. If the Employer, citizens or legislature act or acts to amend any provision of applicable law which substantially changes the role, powers, duties, authority, or responsibilities of the Employee, the Employee shall have the right to declare that such amendments constitute termination.

F. If the Employer reduces the base salary, compensation or any other financial benefit of the Employee, unless it is applied in no greater percentage than the average reduction of all department heads, such action shall constitute a breach of this Contract and will be regarded as termination.

G. If the Employee resigns following an offer to accept resignation, or a suggestion that Employee resign, whether formal or informal, by any member of the City Council of Employer acting as representative of the majority of the City Council, then the Employee may declare a termination as of the date of the suggestion.

H. Breach of contract declared by either party with a thirty (30) day cure period for either Employee or Employer. Written notice of a breach of contract shall be provided.

I. Conviction of Employee of any public offense which is a felony, and/or involves moral turpitude, and/or the punishment for which includes a prohibition of holding public employment.

SECTION 8. SEVERANCE PAY
Commencing one day after the one-year anniversary of the Effective Date of this Contract, if this Contract is terminated because of the reasons specified in Section 7.D., 7.E.,

7.F., 7.G., or an uncured breach by Employer pursuant to 7.H., Employer shall pay severance pay to Employee in an amount equal to Three (3) months’ salary if termination occurs prior to the last Three (3) months of the term of this Contract. If the Contract is terminated as set forth in this section during the last Three months of the term of this Contract, Employer shall pay severance pay to Employee in an amount equal to the number of months remaining of the term of this Contract and, except as otherwise provided by this Contract or by law, Employee shall be precluded from recovering anything else of value from Employer by reason of the termination.

No severance shall be paid if the Contract is terminated for a reason other than those stated in this section.

Attachment #H1B
1754488-3
4 If this Contract is terminated for any reason specified in Section 7, Employee shall be paid for all accrued vacation time and accrued paid holidays.

SECTION 9. VACATION AND SICK LEAVE.

Employee shall accrue vacation, sick, or other Employer-authorized, leave, in the same manner as other Employees of City.

SECTION 10. PERSONAL AFFAIRS LEAVE
A. During the initial six (6) months following the Effective Date of this Agreement, Employee shall be entitled to take one (1) day per week as leave to attend to personal affairs (“Personal Affairs Leave”).

B. Personal Affairs Leave shall be unpaid and not exceed one (1) day per calendar week. Personal Affairs Leave shall not accumulate from week to week and shall not carry over into subsequent weeks or months.

C. Employee shall provide the Employer with reasonable advance notice of their intention to take Personal Affairs Leave, whenever possible.

D. If the Employee’s Personal Affairs Leave significantly impacts ongoing projects or responsibilities, the Employee and Employer shall work together to develop alternate arrangements, such as adjusting working schedules or redistributing tasks.

E. This Section 9 shall automatically terminate upon completion of six (6) months continuous employment commencing on Effective Date of this Agreement. Thereafter, Employee and Employer shall be subject to the standard leave policies in the same manner as other Employees of the City.

SECTION 11. DISABILITY, HEALTH AND LIFE INSURANCE.

Employee shall be provided the same disability, health, dental, vision and life insurance that is presently provided other management employees.

SECTION 12. 457 PLAN.

The Employer shall provide a qualified 457 deferred compensation plan for Employee’s continued participation, and in addition to the base salary paid by the Employer to Employee, Employer agrees to pay an amount equal to three percent (3%) of Employee’s base salary into the designated plan on Employee’s behalf, in equal proportionate amounts each pay period.

Attachment #H1B
1754488-3
5 SECTION 13. DUES AND SUBSCRIPTIONS.

Employer shall budget and pay for the professional dues and subscriptions of Employee necessary for her continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for her continued professional participation, growth and advancement and for the good of Employer. The limit of such expenses shall be $200.00 monthly.

SECTION 14. PROFESSIONAL DEVELOPMENT.

A. Employer shall budget for and pay the travel and subsistence expenses of Employee for professional official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for Employer, including but not limited to the State League of California Cities, International City/County Management Association, and such other national, regional, state and local governmental groups and committees thereof of which Employee may serve as a member.

B. Employer shall budget and pay for the travel and subsistence expense of Employee for short courses, institutes and seminars necessary for her professional development and for the good of the Employer.

C. The expenses specified in Section 13.A. and Section 13.B. shall be preapproved by the City Council.

D. Employer will perform a written annual performance evaluation within 30 days of June 1, of each year of this Contract. In the event that Employer fails to timely perform the evaluation, Employee may issue a written notice under Section 7.H demanding that the Employer perform the evaluation within 30 days of the date of the written notice. In the event the Employer fails to perform the evaluation within 30 days of Employee’s written notice, Employee may declare a termination of the Contract under Section 7.H .

SECTION 15. REIMBURSEMENT OF EXPENSES.

To the extent Employee necessarily incurs reasonable expenses in the performance of her duties, Employee will receive reimbursement therefor. Employee shall submit a claim form to employer in the form and manner required of any employee. The requirement for a claim form shall apply to mileage reimbursement under Section 6 of this contract.

SECTION 16. INDEMNIFICATION.

Beyond that required under Federal, State or Local Law, Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Manager, or resulting from the Attachment #H1B
1754488-3
6 exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct. The Employee may request and the Employer shall not unreasonably refuse to provide independent legal representation at Employer's expense and Employer may not unreasonably withhold approval.

Legal representation, provided by Employer for Employee, shall extend until a final determination of the legal action including any appeals brought by either party. The Employer shall indemnify employee against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorneys’ fees, and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of her duties. Any settlement of any claim must be made with prior approval of the Employer in order for indemnification, as provided in this Section, to be available.

Employee recognizes that Employer shall have the right to compromise or settle a claim or suit and agrees that she will sign any settlement agreement involving only the payment of money by the Employer or a third party. However, if the Employee is a named party to the suit and the settlement agreement requires that the Employee perform or refrain from performing any conduct, Employee's written consent must be given for the compromise or settlement, which consent shall not be unreasonably withheld. Further, Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which the Employee is a party, witness or advisor to the Employer. Such expense payments shall continue beyond Employee's service to the Employer as long as litigation is pending. Further, Employer agrees to pay Employee reasonable consulting fees and travel expenses when Employee serves as a witness, advisor or consultant to Employer regarding pending litigation if those services occur after Employee is no longer an Employee of the Employer.

SECTION 17. BONDING.

Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance.

SECTION 18. OTHER TERMS AND CONDITIONS OF EMPLOYMENT.

A. Employer, in consultation with Employee, shall fix any such other terms and conditions of employment as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Contract, the Municipal Code, or any other law.

B. Unless otherwise specifically provided herein, all provisions of the Municipal Code and regulations and rules of Employer (including but not limited to the City’s Employee Handbook and Personnel Manual) relating to vacation and sick leave, retirement system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of the Attachment #H1B
1754488-3
7 Employer.

SECTION 19. NOTICES.

Notices pursuant to this Contract shall be in writing given by deposit in the custody of the United State Postal Service, postage prepaid, addressed as follows:

(1) Employer: Mayor,
City of Ione, 1 E. Main Street,
Ione, CA 95640
(2) Employee: [TBD]
[ADDRESS]
[CITY, STATE ZIP]
Alternatively, notices required pursuant to this Contract may be personally served in the same manner as is applicable to civil judicial process. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service.

SECTION 20. GENERAL PROVISIONS.

A. The text herein shall constitute the entire agreement between the parties and supersedes all other agreements or understandings, either oral or in writing between the parties with respect to the City’s employment of Employee. This Contract can be amended or modified only by a subsequent written agreement executed by each party.

B. This Contract shall be binding upon and inure to the benefit of the heirs at law and executors of Employee.

C. This Contract shall become effective on the date first written above.

D. If any provision, or any portion thereof, contained in this Contract is held unconstitutional, invalid or unenforceable, the remainder of this Contract, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.

IN WITNESS WHEREOF, the City of Ione has caused this Contract to be signed and executed in its behalf by its Mayor and duly attested by its City Clerk, and the Employee has signed and executed this Contract, both in duplicate, the day and year first above written. **SIGNATURES ON FOLLOWING PAGE**
Attachment #H1B
1754488-3
8 "EMPLOYER"

CITY OF IONE

By:

ALISON LAFAYNE, Mayor
ATTEST:

JANICE TRAVERSO, City Clerk
APPROVED AS TO FORM:

ANDY PINASCO, City Attorney
"EMPLOYEE"

[TBD]

Ione City CouncilApril 2, 2024

Ione City Council
April 2, 2024