Ione City Council
April 1, 2025

REGULAR MEETING STARTS AT 6:00 PM
Mayor Stacy Rhoades
Vice Mayor Jody Maita
Councilmember Dominic Atlan
Councilmember Jack Mitchell
Councilmember Alison LaFayne
AT 1 E. MAIN STREET, IONE, CA 95640

AND VIA ZOOM
The City of Ione is inviting you to a scheduled Zoom meeting.

Join Zoom Meeting
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Tuesday, April 1, 2025

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.

A. ROLL CALL
B. PLEDGE OF ALLEGIANCE
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: None
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 January 7, 2025 and January 21, 2025

2. Warrants – April 1, 2025

3. Adoption of Resolution 2025-12 Approving the Road Closure for the Annual Ione Homecoming Parade
H. PUBLIC HEARING: None
I. REGULAR AGENDA:

1. Discussion/Action to Apply for Grant Funds from Amador Water Agency for Turf and Irrigation Improvements to Howard Park (Picnic Hill Area and Sports Fields), and Authorization to City Manager to Enter into Grant Funding Agreement with Amador Water Agency

2. Discussion/Action on Purchase of Computer System for Tertiary Treatment Plant

3. Discussion/Updates on Wastewater System Improvements, Tracer Study, Title 22 Report, Plans for Future Capital Improvements – Oral Report

4. Presentation of Draft Summary Budget for Fiscal Year 2025-2026

5. Preliminary Hearing to Consider Censure of Councilmember Jack Mitchell (Request Initiated by Councilmember Alison LaFayne)
J. REPORTS AND COMMUNICATIONS FROM CITY ATTORNEY
K. REPORTS AND COMMUNICATIONS FROM CITY MANAGER
L. COUNCIL COMMENTS/COMMITTEE REPORTS/FUTURE AGENDA ITEMS M. ADJOURNMENT

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

ACTION MINUTES
January 7, 2025
Mayor Rhoades called the Regular Meeting to order at 6:00 PM A. ROLL CALL:

Present: Stacy Rhoades, Mayor
Jody Maita, Vice Mayor
Dominic Atlan, Councilmember
Alison LaFayne, Councilmember
Jack Mitchell, Councilmember
Staff: George Lee, City Manager
Zach Varinsky, City Attorney
Janice Traverso, City Clerk

B. CLOSED SESSION: None

C. MAYOR RHOADES LED THE PLEDGE OF ALLEGIANCE
D. APPROVAL OF AGENDA:
moved by Councilmember Mitchell, seconded by Councilmember Atlan and carried to approve the agenda.

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

E. PRESENTATIONS/ANNOUNCEMENTS: None

F. PUBLIC COMMENT:

Gary Thomas - the public wants to know all that they can regarding the Golf Course with full disclosure. The letter of intent was made public and I would ask that you consider making the GM recommendations disclosable as soon as you. I would also like to know what the Council is willing to forego with the purchase of the Club House site—Police, Fire, Roads, or Public Works. Do you have a plan on how this is going to impact the City. I would recommend that you follow George Lee’s advice.

Dan Epperson, Ione’s representative on the Board of Supervisors introduced himself and commented that he looks forward to working with everyone for the next four years.

Larry Rhoades, in 2023 and 2024, the City has spent more than $500,000 on West Yost and all we got is a Title 22 Study. City staff could have done at least 90% of the work. Also, I would like the City to see who owns the line through Woodard Bottom from the City limits down across the railroad tracks. I believe it is the Tribe.

Agenda Item #G1
Tommy Quinn, suggested that the Council come up with a one-year vision plan where you would like to see Ione in January of next year.

Elmer Rohde, 621 Pleasant Valley Drive – the City has a website that we use to find out what is going on at the City Council meetings. However, your website does not contain correct information. It showed today that there were two meetings both starting at 6:00 p.m. You had to go into it and found that one meeting was at 5:00 p.m. for Closed Session and another one at 6:00 p.m. I think you proved tonight that this is a silly arrangement to have two stupid meetings in a row. It is ridiculous that you had everyone here for Closed Session—staff and public. Not sure if not taking public comment from Zoom is legal. You have not had information on the Golf Course since December 3, 2024. Why do we not know what is going on with the Golf Course. We were never told what has happened to the offer of 3.2 million.

Jim Scully - Ms. Gies, West Yost is very intelligent, very well educated and very well spoken and very very wrong in all her conclusions when she talks about the percolation ponds having no effect on the ground water or effect on the creek. Most of the ponds have been lined, but I keep hearing from Ms. Gies that she wants to fire up Pond 6 and 7. If you put water in Pond 6, it has an immediate and profound effect on the Creek not only on the groundwater. I am recommending very strongly that you are not getting anything out of West Yost and you should kick them to the curb for incompetence and failure to provide. I believe that Waterstone will be able to handle all the paperwork to get you up to speed with Regional. All the wastewater problems are such that you do not need a subcommittee. All the wastewater problems need to come before the whole Council.

G. INFORMATION ITEMS: None

H. CONSENT CALENDAR:

1. Warrants – January 7, 2025 – pulled for discussion.

MOTION: Moved by Councilmember Atlan, seconded by Councilmember LaFayne and carried to approve the following Consent Calendar:

2. Adoption of Resolution No. 2025-01- Designating Signatures for the Bank of Marin

3. Adoption of Resolution No. 2025-02 – Appointing Representatives and Alternate Representative to the Northern California Cities Self Insurance Fund Board of Directors

4. Adoption of Resolution No. 2025-03 – Approving Parcel Map No. 2924 – Boundary Line Adjustment for Catholic Church

5. Approval of Agreement for City Attorney Services, White Brenner, LLP AYES: Rhoades, Maita, Atlan, LaFayne, Mitchell
NOES: None
ABSENT: None
ABSTAIN: None
Agenda Item #G1
DISCUSSION ITEMS:

For the record: Action minutes provide the necessary documentation of City Council action. For those desiring to hear the full discussions on each item, the audio/video is available on the City’s website at www.ione-ca.com.

I. REGULAR AGENDA:

1. Warrants – January 7, 2025
MOTION: Moved by Councilmember LaFayne, seconded by Councilmember Mitchell and carried to approve the warrants.

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

1. Authorize City Manager to Proceed in Facilitation of Parking Lot Lights at Howard Park – With the recent grade improvements at Howard Park near the Horse Arena being contributed by Thomas Borge, the IBCA and Ione Rotary wanted to participate and contribute by installing lighting in the parking area.

An efficient way to do this is through solar lighting. IBCA to contribute $20,000 and manpower; Ione Rotary to contribute $20,000 and manpower; City of Ione to contribute cost of concrete bases comes to +/- $2,500 each light.

MOTION: Moved by Vice Mayor Maita, seconded by Councilmember Atlan (because this was designated for the parking lot by the charities and not for general use of the park) and carried that the City Manager proceed in the facilitation of parking lot lights at Howard Park
AYES: Rhoades, Maita, Atlan, LaFayne, Mitchell
NOES: None
ABSENT: None
ABSTAIN: None

2. Approval of Contract for Transition Services for Andy Pinasco/Neumiller and Beardslee – Councilmembers of the City of Ione recently retained Brenner White as new Counsel. This special services agreement for Andy Pinasco would cover any and all transitions issues that could arise during the transition. The special services agreement is needed to ensure a smooth transition to the new City of Ione Counsel should various issues arise from time to time.

MOTION: Moved by Councilmember Atlan, seconded by Councilmember LaFayne and carried to proceed with the contract and not to exceed $7,500.

AYES: Maita, Atlan, LaFayne, Mitchell
NOES: Rhoades
ABSENT: None
ABSTAIN: None
Agenda Item #G1

3. Discussion/Action on Recordation of Closed Session Meetings – George Lee, City Manager commented that because of previous miscommunications, Mayor Rhoades has requested that all future Closed Session are recorded.

This will ensure proper documentation of various issues and no further misinterpretations and miscommunications.

MOTION: Moved by Councilmember Mitchell, seconded by Vice Mayor Maita and carried to give staff direction to record audio and video and develop the policy and bring it back to Council.

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

4. Council Committee Assignments – Mayor Stacy Rhoades distributed the City Council Committee Assignments for 2025 with amendment of Vice Mayor Maita as the Representative and Mayor Rhoades as the Alternate on Amador Council of Tourism-ACT.

5. Wastewater Update – Justin Granados – Oral Report:
a. Flow Meter has arrived; techs have been scheduled to program the meter b. Next meeting the Council will be receiving a comprehensive itemized list of my proposal for upgrades at the plant
c. Preparing the plant to take on water before early Spring

6. Discussion/Action on Amendment Ordinance No. 505 – Purchasing and Bidding Policy – Council was given a copy of the Purchasing and Bidding Policy with highlighted items that need to be amended. Staff is asking for clear direction on the amendments. Council has asked to see the old policy, the discussion that was held with Finance in July, 2024 that was never brought to the Council or public as a whole.

J. REPORTS AND COMMUNICATIONS FROM CITY ATTORNEY: This is my first meeting here and look forward to working with everyone.

K. REPORTS AND COMMUNICATIONS FROM CITY MANAGER:
• Introduced Zach Finch, Public Work Superintendent to the Council and public.
• Since April, 2024 the City has generated $382,098 in interest from Bank of Marin
• Next meeting the Finance Manager will be giving an update on the Finance Department.
• In the next 30 to 60 days positive announcements for the City.

Agenda Item #G1
L. COUNCIL COMMENTS/COMMITTEE REPORTS/FUTURE AGENDA
ITEM:

Councilmember Atlan:
• Would like the 2020-2021 Audit completed
• Update on the Rate Study for Wastewater
• Golf Course be a standard Closed Session item on every meeting Councilmember LaFayne:
• Instead of two Councilmembers on the Wastewater Committee, I would like to see the items go to the full Council at least for the next two years.

Vice Mayor Maita:
• Would like the public to encourage citizens to attend future Council Meetings • Future Agenda Item – Review of current policy on residents responsible for their laterals

Mayor Rhoades:
• Thanked the residents of Ione for voting for me for electing me for the next 4 years and thanked Vice Mayor Maita and Councilmember Mitchell for your vote and trust in voting me as Mayor
• This year will be a year of significant progress for this great City.

Dan Traxler, Chairman, Park & Recreation Commission:
• The main goal is to make the baseball fields playable this year • Working on the ground squirrel issues and irrigation of soccer fields • Follow up on the sand issue at the Arena
• Perry Earl Basketball Courts has been on hold forever • Continue to work with the Arena Committee to hire a full or part time person to take care of the necessary items at Howard Park
• Disagree that items are not being brought to Park & Recreation Commission before going to Council
• Working on finding money for the Parks Department to fund some of these projects
M. ADJOURNMENT:

Meeting was adjourned at 7:52 p.m.

Respectfully submitted,
Janice Traverso
City Clerk
Agenda Item #G1
Agenda Item #G1

Agenda Item #G1

CITY OF IONE COUNCIL MEETING MINUTES

ACTION MINUTES
January 21, 2025
Mayor Rhoades called the Regular Meeting to order at 6:00 PM A. ROLL CALL:

Present: Stacy Rhoades, Mayor
Jody Maita, Vice Mayor
Dominic Atlan, Councilmember
Alison LaFayne, Councilmember
Jack Mitchell, Councilmember
Staff: George Lee, City Manager
Zach Varinsky, City Attorney
Janice Traverso, City Clerk
John Alfred, Police Chief

B. MAYOR RHOADES LED THE PLEDGE OF ALLEGIANCE
C. APPROVAL OF AGENDA:

MOTION: Moved by Councilmember Atlan, seconded by Councilmember LaFayne and carried to move Item 9 “Oral Report by Finance Manager-Michael Ormsby” under Regular Agenda to Item #1 under Regular Agenda.

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

D. PRESENTATIONS/ANNOUNCEMENTS: None

E. PUBLIC COMMENT: None

F. INFORMATION ITEMS: Information Item – no action taken

1. December 2024 – Castle Oaks and the Wastewater Treatment Facilities Report

2. December 2024 – Fire Department

G. CONSENT CALENDAR:

1. Minutes of November 19, 2024 and December 3, 2024:

Alison LaFayne’s Comments:

November 19, 2024 Minutes:
• Not part of the packet
December 3, 2024 Minutes:
• Asked if the City Clerk is using AI because the minutes are now story telling and giving opinion. Response: No
• Animal Control cost – should be amended to $860 per call Agenda Item #G1
• The vote on West Yost Item #2 – I abstained from the second vote—I did not vote in favor of item. Response: The recording has you voting in favor of the item after listening to the tape of the meeting. After reviewing the tape of the meeting, the former City Attorney, Andy Pinasco, the item will need to be brought back to Council if you wish to change your vote. Councilmember LaFayne, I did not vote “yes” on that.

Copy of the tape will be sent to the new City Attorney to verify vote.

2. Warrants – January 21, 2025
MOTION: Moved by Councilmember Atlan, seconded by Vice Mayor Maita and carried to approve the Warrants.

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

I. REGULAR AGENDA:

9. Oral Report by Finance Manager – Michael Ormsby:
• Revenue downward--COVID money and developer fees, which have dried up or not coming in at the same rate
• Expenses of General Fund - Last five years we have grown about

7.14% with expenses and the rate of inflation is 21.14% cumulatively • Expenses are greater than revenues which happened in the 2023-2024 year. This is a very bad trend and has been going on for the last year. • There is a slight uptick because we started managing our reserves better and earning interest off of our City funds.
• The only way you are going to pull out of this is a change to revenues.

1. Adoption of Resolution No. 2025-04 – Approving the Fiscal Year 2023/2024 Amador County Regional Traffic Mitigation Fee Program Annual Report MOTION: Moved by Councilmember Atlan, seconded by Councilmember Mitchell and carried to adopt Resolution No. 2025-04 approving the Fiscal Year 2023/2024 Amador County Regional Traffic Mitigation Fee Report.

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

2. Adoption of Resolution No. 2025-06 Approving and Authorizing the City Manager to Sign Purchase Contract for the Vacant Lots at 105 S. Buena Vista Street and 125 E. Market Street – City Council previously authorized City Manager to proceed in the purchase of above-mentioned City lots.

Purchasing these lots would be of great benefit to the City of Ione as it could provide much flexibility for future City projects and or just parking itself.

MOTION: Moved by Councilmember Atlan, seconded by Councilmember Mitchell and carried to adopt Resolution No. 2025-06 approving and Agenda Item #G1
authorizing the City Manager to sign the Purchase Contract for Vacant Lots at 105 S. Buena Vista Street and 125 E. Market Street using Traffic or Gas Tax Funds or other appropriate funds per the City Attorney’s advice.

AYES: Rhoades, Maita, Atlan, Mitchell
NOES: LaFayne
ABSENT: None
ABSTAIN: None
Councilmember Atlan recused himself from the meeting at this time.

3. Adoption of Resolution No. 2025-05 – Approving and Authorizing Execution of a First Amended and Restated Employment Contract for the City Manager:
• City Manager’s contract will increase from $135,000 annually to $180,000 annually
• The terms of the original contract expired in 2027. The term is being extended through April 2029.
• The original contract provided severance equivalent to three (3) months. The updated contract will provide severance equivalent to eighteen (18) months. If the City Manager is terminated for-cause as described in the contract, severance would not apply.
• As it pertains to benefits, the City Manager participates in the City’s standard cafeteria plan offered to employees. With this amendment, the City will pay the full cost of the premiums for the City Manager’s healthcare plan.

MOTION: Moved by Vice Mayor Maita, seconded by Councilmember Mitchell and carried to adopt Resolution No. 2025-06 approving and authorizing Execution of a First Amended and Restated Employment Contract for the City Manager.

AYES: Rhoades, Maita, Mitchell
NOES: LaFayne
ABSENT: None
ABSTAIN: None
RECUSED: Atlan
Councilmember Atlan returned to the dais.

4. Approve of Purchase of Fire Engine for Fire Department – The Department currently operates as our first out units during the wildland fire season two 1991 International wildland urban interface fire engines, that were purchased used. The normal service life of a fire engine is 20 years. Parks are becoming difficult to located and even with property maintenance parts and reliability has become a major concern. The cost is $322,786.68 and funding will come from the department’s apparatus account that is income earned from strike teams, CalFire cover assignments, or local fires with CalFire.

Agenda Item #G1
MOTION: Moved by Councilmember Mitchell, seconded by
Councilmember LaFayne and carried to approve the purchase of a Fire Engine for the Fire Department.

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

5. Discussion of Start Time for City Council Regular Meetings and Closed Session Meetings – Under the Brown Act, the City Council is required to establish a time and place for holding regular meetings (Gov. Code 54954).

Under the Ione Municipal Code, regular meetings of the City Council occur on the first and third Tuesday of each month at 6:00 p.m. (Ione Municipal Code 2.04.020
• Closed sessions can be held at the beginning of a regular meeting at 6:00 p.m. before consideration of the open session agenda items • Closed sessions can be held at the end of a regular meeting, after consideration of all open session agenda items
• Closed sessions can begin before 6:00 p.m. This can be done by several methods. One option is to hold the closed session by calling a special meeting in accordance with Brown Act requirements.

Alternatively, the Council can choose to amend the Ione Municipal Code to specify that the closed session portion of the meeting will occur before 6:00 p.m. Amending the Ione Municipal Code would require that an ordinance be prepared and brought back to Council for introduction and adoption at future meetings.

DIRECTION: Bring back an ordinance that would allow Closed Session before 6:00 p.m.

6. Continue Discussion of City’s Purchasing & Bidding Policy for Goods, Services, and Public Projects (Ione Municipal Code, Chapter 2.44) – At the January 3rd meeting staff presented possible changes to the City of Ione Purchasing and Bidding Policy for review and direction.

DIRECTION: Bring back a summary to the draft that was made to the current ordinance including language for Purchase Order.

7. Discussion of Sewer Line Responsibility of Homeowners – At present, the homeowner is responsible for sewer repairs from their house to the City main.

A hypothetical situation has been brought up where if the sewer line is on the other side of the road, it would be cost prohibitive for the homeowner to cut through the road to reach the sewer line.

DIRECTION: Bring back an assessment from the City, the liability that we will be taking on, look at the pipes and the cost to the City.

Agenda Item #G1

8. Capital Needs Update – Justin Granados, WaterStone, LLC – Proposal for Plant Upgrades:
• Sand Filters Replacement – Six feet of sludge in the filters from previous years. Too much blockage causes in the filters, the Tertiary season becomes filled with issues—airlines blowing off and water quality becoming incredibly poor
• Sludge sitting under there for years releasing hydrogen sulfite and eating through the concrete.
• One sand filter remains of the four--I will only be able to treat a half million gallons a day to treat the golf course.

10. Approve Budget Amendment to Spend the Additional Funds to complete the various items needed and the Title 22 Report
MOTION: Moved by Councilmember Atlan, seconded by Councilmember Mitchell and carried to approve the Budget Amendment.

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

J. REPORTS AND COMMUNICATIONS FROM CITY ATTORNEY:

K. REPORTS AND COMMUNICATIONS FROM CITY MANAGER:
• Highest priorities is increasing Revenues for the City.

L. COUNCIL COMMENTS/COMMITTEE REPORTS/FUTURE AGENDA
ITEM:

Councilmember Atlan:
• Can the public be banned from Zoom
• Committees be disbanded
Councilmember LaFayne:
• Zoom is beneficial to the Public
• Future Agenda Item: Economic Development - City received proposals from two companies that could help with revenues

M. ADJOURNMENT:

Mayor Rhoades adjourned meeting at 9:05 p.m.

Respectfully submitted,
Janice Traverso
City Clerk
Agenda Item #G1
Agenda Item #G1

Agenda Item #G2

Agenda Item #G3
RESOLUTION NO. 2025-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE

PROHIBITING PARKING ON A PORTION OF MAIN STREET DURING

THE ANNUAL IONE HOMECOMING PARADE
BE IT RESOLVED by the City Council of the City of Ione that the following section of Main Street in the City of Ione be closed to parking:

On Saturday, May 10th, 2025, both sides of Main Street from Preston Avenue to S. Ione Street, S. Ione Street from Main Street to Market Street, and S. Church Street from Main Street to Market Street from 9:00 AM to 1:00 PM for the Annual Ione Homecoming Parade.

BE IT FURTHER RESOLVED that this closure to parking is being done pursuant to Section 22506 of the Vehicle Code of the State of California and therefore the Chief of Police of the City of Ione is directed to do the following:
a. Obtain signs required by Section 22507 of the said Vehicle Code; b. Obtain approval of the proposed form of this resolution by the Department of Transportation pursuant to Section 22506 of said Vehicle Code BE IT FURTHER RESOLVED that the City of Ione Police Department is hereby given the right of removal of vehicles pursuant to Section 22651(n) of said Vehicle Code following the installation of signs giving notice of said removal during the period of time covered by the resolution.

The foregoing resolution was duly introduced and adopted by the City Council of the City of Ione at their regular meeting held on April 1, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____ ______________________
Stacy Rhoades, Mayor
Attest:
_______________________
Janice Traverso, City Clerk
Agenda Item #I1
DATE: APRIL 1, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: GEORGE LEE, CITY MANAGER
SUBJECT: GRANT FROM AMADOR WATER AGENCY FOR PICNIC HILL

LANDSCAPE PROJECT AND HOWARD PARK IRRIGATION

IMPROVEMENTS
RECOMMENDED ACTION:

Authorize the City Manager to apply for grant funds from the Amador Water Agency and execute grant funding agreement for landscape improvements at Picnic Hill and for irrigation improvements for the sport fields at Howard Park.

BACKGROUND / DISCUSSION:

Staff have continued to seek alternatives to utilize grants funds available through the Amador Water Agency (AWA) for turf replacement and landscape improvements. The proposed alternative use of grant funds is to replace turf at Picnic Hill with non-irrigated features such as:

1. An amphitheater for events, weddings, music events, etc.

2. Non-irrigated landscape features throughout Picnic Hill that also include walkways and ADA compliant access to Picnic Hill.

The grant also includes $95,000 to be used toward repairing and replacing older irrigation components at the sports fields that are leaking.

This grant has not yet been approved by AWA. Authorization from the Council includes application for the grant, pending approval from AWA, and signing the required agreement.

FISCAL IMPACT:

Initial expenditure of up $917,000 for the improvements will be reimbursed by AWA through its grant agreement with the Department of Water Resources. Expenses will be reimbursed periodically as the City submits its expense documentation to AWA. 4904-5955-3839, v. 2
ATTACHMENTS:

1. Grant Funding Agreement with AWA

2. Resolution No. 2025-XX

GRANT FUNDING AGREEMENT

FOR TURF REPLACEMENT AND LEAK REDUCTION

AT HOWARD PARK
This Grant Funding Agreement (“Agreement”) is made effective on _____________ , 2025, by and between Amador Water Agency (“Agency”), and the City of Ione (“City”), who agree as follows:

RECITALS
A. Agency operates the Ione Water Treatment Plant (“Treatment Plant”) to treat and purify water for potable uses. The Treatment Plant is currently operating at its full capacity, and the Agency is unable to serve new customers until plant capacity is improved. One constraint on the Treatment Plant’s capacity is the raw water feedline to the Treatment Plant.

B. Agency currently delivers raw or untreated water to City to irrigate turf at Picnic Hill and on sports fields at Howard Park. “Picnic Hill” comprises approximately 137,000 square feet of irrigated area, as shown in Exhibit A. The sports fields area is also depicted in Exhibit A (hereafter, the “Sports Fields”).

C. The City purchases approximately fourteen (14) million gallons per year for use at Howard Park. Those deliveries are drawn directly from the raw water feed to the Treatment Plant, and reducing the irrigation use would aid in improving Treatment Plant capacity to produce potable water.

D. Agency entered into a funding agreement with the California Department of Water Resources (“DWR”) that provided funding to Agency to mitigate the impacts of requiring Agency to provide additional flows to the Sacramento-San Joaquin Delta to protect sensitive fisheries. The funding agreement with DWR allows funds to be used for water conservation measures including replacement of irrigated turf with low water use landscaping. Funding must be applied to work completed during calendar year 2025.

E. City intends to remove the irrigated turf at Picnic Hill and replace it with nonirrigated landscaping. This would reduce City costs for water purchases. Agency desires to assist City by providing funds to support turf replacement as a water conservation measure.

F. To further reduce City costs for water purchases, City also intends to replace or rehabilitate its irrigation system at the Sports Fields to reduce leaks and losses. The existing old system has been observed to have significant leaks and losses.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:

Attachment #I1A
4909-3868-8303, v. 1

1. City will:
(a) Remove the irrigated turf at Picnic Hill (approximately 137,000 square feet) and replace it with non-irrigated landscaping. City will complete the project by December 31, 2025 (“Completion Date”).
(b) Replace or rehabilitate its irrigation system at Howard Park to eliminate leaks and losses by the Completion Date.
(c) Submit documentation to Agency regularly demonstrating project expenses incurred by City. All project expenses to be reimbursed by Agency must be for work completed by the Completion Date, and must be documented to Agency by January 31, 2026.

2. Agency will:
(a) Reimburse actual project expenses submitted to Agency within thirty (30) days of receipt of expense documentation up to $917,000, for which Agency will seek reimbursement pursuant to its funding agreement with DWR. (b) Make at least $95,000 of the total grant funds awarded to City available for reimbursement for irrigation repairs and rehabilitation at the Sports Fields. (c) Agency may reimburse actual project expenses submitted to Agency in excess of $917,000 for which Agency has received payments to its Water Demand Offsets Fund, created separately by Agency Resolution 2025-02, which is attached and incorporated hereto as Exhibit B.

3. Term of Agreement. This Agreement shall take effect when executed by Agency and City and continue in effect until March 15, 2026, unless extended by mutual agreement.

4. Termination. Either party may terminate this Agreement without cause by providing the other party with ninety (90) days’ written notice. The termination of this Agreement shall not be effective until 90 days after the date of receiving the written termination notice. If it is Agency that terminates this Agreement, City shall be entitled to reimbursement for expenses incurred up to the date of termination, in accordance with the terms of this Agreement. If it is City that terminates this Agreement, City shall deliver the termination notice as soon as City decides to stop work on the project for any reason.

5. Compliance with Laws. City will comply with applicable laws for completion of the project, including environmental review, as well as all Standard Conditions in Agency’s funding agreement with DWR, which are attached and incorporated hereto as Exhibit C.
4909-3868-8303, v. 1

6. Assignment. No assignment or transfer of this Agreement, or any part thereof or interest therein, by either party shall be valid unless and until approved in writing by the other party and, if applicable, any regulatory agency granting a permit or approval.

7. Waiver. Waiver of any breach or default hereunder shall not constitute a continuing waiver or a waiver or any subsequent breach either of the same or of another provision of this Agreement and forbearance to enforce one or more of the remedies provided in this Agreement shall not be deemed to be a waiver of that remedy.

8. Notices. Any notice, tender, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered personally, mailed, or sent by email in the manner provided in this paragraph, to the following persons. Any such notice or communication delivered personally or by mail shall be accompanied by a copy sent by email.

If to the Agency:

Amador Water Agency
Attn: General Manager
12800 Ridge Road
Sutter Creek, CA 95685
Email: [email protected]
If to the City: with copy to:

City of Ione City of Ione
Attn: City Manager Attn: City Attorney
1 E. Main St. 1608 T Street
Ione, CA 95640 Sacramento, CA 95811
Email: [email protected] Email: [email protected] Either party may change that party’s address for these purposes by giving written notice of the change to the other party in the manner provided in this paragraph. If sent by mail, any notice, delivery or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, with postage prepaid, and addressed as set forth above. If sent by email, any notice, delivery or other communication shall be effective or deemed to have been given on the date it is sent if the recipient acknowledges receipt. If delivered personally, any such notice, delivery or other communication shall be effective or deemed to have been given on the date of delivery.

9. Advice of Legal Counsel. This Agreement is freely and voluntarily entered into by the parties after having had the opportunity to consult with their respective attorneys. 4909-3868-8303, v. 1

10. Entire Agreement. The parties in entering into this Agreement do not rely on any inducements, promises, or representations made by each other, their representatives, or any other person, other than those inducements, promises, and representations contained in this Agreement. This Agreement represents the entire agreement of the parties. This Agreement may be modified only by a written amendment to this Agreement agreed to by the parties. The parties and the party representatives executing this Agreement have the power and authority to execute this Agreement, and once executed by all parties, this Agreement shall be binding upon the parties hereto.

11. Cooperation. Each party to this Agreement agrees to do all things that may be necessary, including, without limitation, the execution of all documents which may be required hereunder, in order to implement and effectuate this Agreement.

12. Headings. The paragraph headings used in this Agreement are for reference only and shall not in any way limit or amplify the terms and provisions hereof, nor shall they enter into the interpretation of this Agreement.

13. Authority. Each signatory of this Agreement represents that they are authorized to execute this Agreement on behalf of the party for which they sign. Each party represents that it has legal authority to enter into and to perform all of the obligations of this Agreement.

14. Counterparts. This Agreement may be executed in one or more electronic or hardcopy counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same document.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth above as follows:

AMADOR WATER AGENCY CITY OF IONE
By: _______________________________ By: _____________________________ Larry B. McKenney George Lee
General Manager City Manager
Date: _____________________________ Date: ____________________________ 4909-3868-8303, v. 1

EXHIBIT A
Howard Park
Picnic Hill and Sports Fields Location

4909-3868-8303, v. 1

EXHIBIT B
Agency Resolution 2025-02
RESOLUTION NO. 2025-02

OF THE BOARD OF DIRECTORS OF THE AMADOR WATER AGENCY

CREATING A WATER DEMAND REDUCTION FUND AND ADOPTING A

POLICY FOR DEPOSITS TO THE FUND AND USE OF THE FUND
WHEREAS the Board of Directors; declared a water shortage emergency in the lone Water Treatment Plant service are by Resolution 2024-02 due to a lack of adequate treatment plant capacity; and
WHEREAS the emergency regulations implemented by Resolution 2024-02 prohibit new connections or service commitments absent a grant of an exception by the Board of Directors; and
WHEREAS the Board of Directors established criteria for considering exception requests in Resolution 2024-09, one criterion of which is if a project for which an exception is requested has taken action to offset its new demand by reducing demand elsewhere in the lone WTP service area, either by direct action or by financial contribution to Agency- implemented water use efficiency programs; and WHEREAS the Agency is developing conservation programs that could be supported by funds contributed by applicants for service who are seeking an exception to the emergency regulations under Resolution 2024-02 in order to offset new demands; and
WHEREAS the Agency is currently cooperating with the City of lone to implement a turf replacement project at Howard Park that would reduce demand in the lone WTP service area;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Amador
Water Agency hereby takes the following actions:

1. The Agency will create the Water Demand Reduction Fund separate from its other funds. Funds may be contributed by certain project proponents seeking an exception from the emergency regulations under Resolution 2024-02 by offsetting project demands as described in Resolution 2024-09, which contributions the Agency will deposit in the Water Demand Reduction Fund.

2. Projects eligible to make contributions to the Water Demand Reduction Fund will be limited to in-fill developments, accessory dwelling units, restoration of forfeited services, and subdivisions or subdivision phases often equivalent dwelling units or less.

3. Contributions to the Water Demand Reduction Funds may only be received by the Agency during the effectiveness Resolution 2024-02. After Resolution 2024- 02 is rescinded, the Agency may use any remaining balance in the fund for the demand reduction purposes of the fund described herein.

4. Fund from the Water Demand Reduction Fund may be used by the Agency only to pay for water conservation actions that reduce water demand in the Ione WTP service area. The City of lone's project to replace irrigated turf in Howard Park is an eligible use of such funds under terms to be agreed upon by the City and the Agency.

5. The rate of contribution to the Water Demand Reduction Fund to offset new demand will be $4062 per equivalent dwelling unit. Absent site-specific calculations, a single-family home connection that has no outdoor irrigation associated with it will be required to offset one-half of an equivalent dwelling unit's demand to be considered water demand neutral. Offset requirements for ADUs will be determined by Agency staff using the methodology used for capacity fees.

The foregoing resolution was duly passed and adopted by the Board of Directors of the Amador Water Agency at a regular meeting held on this 27th day of Feburary, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Directors
None
None
None
2023
Signed and approved by me after its passage this 27th day of February, Susan Peters, President
Board of Directors
ATTEST:

Karen L. Gish
Clerk of the Board of Directors
4909-3868-8303, v. 1

EXHIBIT C
DWR Standard Conditions
Docusign Envelope lD: 34867E6A-3ECC-4C67-BBB7 -E7 26026031 84 D.1
Exhibit D

STANDARD CONDITIONS

ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT
A. Separate Accounting of Funding Disbursements: Funding Recipient shall account for the money disbursed pursuant to this Funding Agreement separately from all other Funding Recipient funds. Funding Recipient shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Funding Recipient shall keep complete and accurate records of all receipts and disbursements on expenditures of such funds. Funding Recipient shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices.

Records are subject to inspection by State at any and all reasonable times.

B. Disposition of Money Disbursed:All money disbursed pursuant to this Funding Agreement shall be deposited in a seperate account, administered, and accounted for pursuant to the provisions of applicable law.

C. Remittance of Unexpended Funds: Funding Recipient shall remit to State any unexpended funds that were disbursed to Funding Recipient under this Funding Agreement and were not used to pay Eligible Project Costs within a period of sixty (60) calendar days from the final disbursement from State to Funding Recipient of funds or, within thirty (30) calendar days of the expiration of the Funding Agreement, whichever comes first.

D.2. ACKNOWLEDGEMENT OF CREDITAND SIGNAGE: Funding Recipient shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Funding Agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Funding Recipient's headquarters and shall include the Department of Water Resources color logo and the following disclosure statement: "Funding for this project has been provided in full or in part from the BudgetAct of 2021 and the FY 2021-22 Budget Trailer BillAssembly Bill 211 and through an agreement with the State Department of Water Resources." The Funding Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.

D.3. AMENDMENT This Funding Agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law Requests by the Funding Recipient for amendments must be in writing stating the amendment request and the reason for the request. Requests solely for a time extension must be submitted at least 90 days prior to the work completion date set forth in Paragraph 2. Any other request for an amendment must be submitted at least 180 days prior to the work completion date set forth in Paragraph 2. State shall have no obligation to agree to an amendment.

D.4. AMERICANS WITH DISABILITIES ACT By signing this Funding Agreement, Funding Recipient assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. S 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

D.5. AUDITS: State reserves the right to conduct an audit at any time between the execution of this Funding Agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Funding Recipient to conduct a final audit to State's specifications, at Funding Recipient's expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Funding Recipient to comply with this provision shall be considered a breach of this Funding DocuSign Envelope lD: 34867E6A-3ECC-4C67-BBB7 -E72602603184 Agreement, and State may elect to pursue any remedies provided in Paragraph 10 or take any other action it deems necessary to protect its interests. The Funding Recipient agrees it shall return any audit disallowances to the State.

Pursuant to Government Code section 8546.7, the Funding Recipient shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Funding Agreement with respect of all matters connected with this Funding Agreement, including but not limited to, the cost of administering this Funding Agreement. All records of Funding Recipient or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement.

D.6. BUDGET CONTINGENCY: lf the Budget Act of the current year covered under this Funding Agreement does not appropriate sufficient funds for this program, this Funding Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Funding Agreement. ln this event, State shall have no liability to pay any funds whatsoever to Funding Recipient or to furnish any other considerations under this Funding Agreement and Funding Recipient shall not be obligated to perform any provisions of this Funding Agreement. Nothing in this Funding Agreement shall be construed to provide Funding Recipient with a right of priority for payment over any other Funding Recipient. lf funding for any fiscal year after the current year covered by this Funding Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Funding Agreement with no liability occurring to State, or offer a Funding Agreement amendment to Funding Recipient to reflect the reduced amount.

D.7. CEQA: Activities funded under this Funding Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, $ 21000 et seq.) Any work that is subject to CEQA and funded under this Agreement shall not proceed until documents that satisfy the CEQA process are received by the State's Project Manager and the State has completed its CEQA compliance. Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the Department of Water Resources. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. lf CEQA compliance by the Funding Recipient is not complete at the time the State signs this Agreement, once State has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project; or to not fund the Project. Should the State decide to not fund the Project, this Agreement shall be terminated in accordance with Paragraph 10.

D.8 RT COMPLIANCE The Funding Recipient acknowledges in accordance with Public Contract Code section 7110, that:

A. The Funding Recipient recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and B. The Funding Recipient, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

D.9. CLAIMS DISPUTE:Any claim that the Funding Recipient may have regarding performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Funding Recipient's knowledge of the claim. State and Funding Recipient shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution.

DocuSign Envelope lD: 34B67E6A-3ECC-4C67-BBB7 -E72602603184 D.10. COMPETITIVE BIDDING AND PROCUREMENTS: Funding Recipient's contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State under this Funding Agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. lf the Funding Recipient does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services' Sfafe Contracting Manualrules must be followed and are available at:
https://wwwdqs.ca.gov/OLS/Resources/Paoe-ContenVOffice-of-Legal-Services-ResourcesL i st- Fol d e r/State-Contra cti n g.

D.11. COMPUTER SOFTWARE: Funding Recipient certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Funding Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

D.12. CONFLICT OF INTEREST All participants are subject to State and Federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void.

Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 1 0411, for State conflict of interest requirements.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment.

No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.

B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.

C. Employees of the Funding Recipient: Employees of the Funding Recipient shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, S 87100 et seq.)
D. Employees and Consultants to the Funding Recipient: lndividuals working on behalf of a Funding Recipient may be required by the Department to file a Statement of Economic lnterests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes.

D.13. DELIVERY OF INFORMATION. REPORTS. AND DATA: Funding Recipient agrees to expeditiously provide throughout the term of this Funding Agreement, such reports, data, information, and certifications as may be reasonably required by State.

D.14. DISPOSITION OF EQUIPMENT Funding Recipient shall provide to State, not less than 30 calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by State. The inventory shall include all items with a current DocuSign Envelope lD: 34867EOA-3ECC4C67-BBB7 -E7 26026Q31 84 estimated fair market value of more than $5,000.00 per item. Within 60 calendar days of receipt of such inventory State shall provide Funding Recipient with a list of the items on the inventory that State will take title to. All other items shall become the property of Funding Recipient. State shall arrange for delivery from Funding Recipient of items that it takes title to.

Cost of transportation, if any, shall be borne by State.

D.15. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Funding Agreement, Funding Recipient, its contractors or subcontractors hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, S 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

A. Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section 8355.

B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355 to inform employees, contractors, or subcontractors about all of the following:
i. The dangers of drug abuse in the workplace,
ii. Funding Recipient's policy of maintaining a drug-free workplace, iii. Any available counseling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations.

C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who works under this Funding Agreement:
i. Will receive a copy of Funding Recipient's drug-free policy statement, and ii. Will agree to abide by terms of Funding Recipient's condition of employment, contract or subcontract.

D.16 EASEM ENTS: Where the Funding Recipient acquires property in fee title or funds improvements to real property using State funds provided through this Funding Agreement, an appropriate easement or other title restriction providing for floodplain preservation and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State.

The easement or other title restriction must be in first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State.

Where the Funding Recipient acquires an easement under this Agreement, the Funding Recipient agrees to monitor and enforce the terms of the easement, unless the easement is subsequently transferred to another land management or conservation organization or entity with State permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner.

Failure to provide an easement or other title restriction acceptable to the State may result in termination of this Agreement.

FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED CIVIL ENGINEER: Upon completion of the Project, Funding Recipient shall provide for a flnal inspection and certification by a California Registered Civil Engineer that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Funding Agreement.

D.17
Docusign Envelope lD: 34867E6A-3ECC-4C67-BBB7 -E72602603184 D.18. FUNDING RECIPIENT'S RESPONSIBILITIES: Funding Recipient and its representatives shall:

A. Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A (Work Plan) and in accordance with Project Exhibit B (Budget) and Exhibit C (Schedule).

B. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Funding Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Funding Recipient in the application, documents, amendments, and communications filed in support of its request for funding.

C. Comply with all applicable California, federal, and local laws and regulations.

D. lmplement the Project in accordance with applicable provisions of the law.

E. Fulfill its obligations under the Funding Agreement and be responsible for the performance of the Project.

F. Obtain any and all permits, licenses, and approvals required for performing any work under this Funding Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. Funding Recipient shall provide copies of permits and approvals to State.

G. Be solely responsible for design, construction, and operation and maintenance of projects within the work plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Funding Recipient under this Agreement.

H. Be solely responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Funding Recipient shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Funding Recipient and any other entity concerning responsibility for performance of work.

D.19. GOVERNING LAW: This Fund ing Agreement is governed by and shall be interpreted in accordance with the laws of the State of California
D.20. INDEMNIFICATION: Fundi ng Recipient shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of the Project and this Agreement, including, but not limited to any claims or damages arising from planning, design, construction, maintenance and/or operation of levee rehabilitation measures for this Project and any breach of this Agreement. Funding Recipient shall require its contractors or subcontractors to name the State, its officers, agents and employees as additional insureds on their liability insurance for activities undertaken pursuant to this Agreement.

D.21. INDEPENDENT CAPACITY: Funding Recipient, and the agents and employees of Funding Recipients, in the performance of the Funding Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State.

During regular office hours, each of
the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Funding D.22
DocuSign Envelope lD: 34867E6A-3ECC-4C67-BBB7 -E7 2602603184 Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Funding Agreement. Failure or refusal by Funding Recipient to comply with this provision shall be considered a breach of this Funding Agreement, and State may withhold disbursements to Funding Recipient or take any other action it deems necessary to protect its interests.

D.23. INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Funding Agreement. This right shall extend to any subcontracts, and Funding Recipient shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Funding Agreement with State.

D.24. LABOR CODE COMPLIANCE: The Funding Recipient agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of lndustrial Relations (DlR) requirements may be found at: http://www.dir.ca.qov/ lcp.asp. For more information, please refer to DIR's Public Works Manualat: http://www.dir.ca.qov/ dlse/PWManualCombined.pdf. The Funding Recipient affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance, and the Funding Recipient affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision.

D.25. MODIFICATION OF OVERALL WORK PLAN: At the request of the Funding Recipient, the State may at its sole discretion approve non-material changes to the portions of Exhibits A, B, and C which concern the budget and schedule without formally amending this Funding Agreement. Non-material changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Funding Agreement. Non-material changes with respect to the Project schedule are changes that will not extend the term of this Funding Agreement. Requests for non-material changes to the budget and schedule must be submitted by the Funding Recipient to the State in writing and are not effective unless and until specifically approved by the State's Program Manager in writing.

D.26. NONDISCRIMINATION: During the performance of this Funding Agreement, Funding Recipient and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital/domestic partner status, gender identity, and denial of medial and family care leave or pregnancy disability leave.

Funding Recipient and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Funding Recipient and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code, S 12990.) and the applicable regulations promulgated there under (Cal. Code Regs., tit. 2, S 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission are incorporated into this Agreement by reference. Funding Recipient and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

Funding Recipient shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Funding Agreement.

Docusign Envelope lD: 34867E6A-3ECC-4C67-BBB7 -E72602603184 D.27. OPINIONS AND DETERMINATIONS: Where the terms of this Funding Agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, revieq or determination to be arbitrary, capricious, or unreasonable.

D.28. PERFORMANCE BOND: Where contractors are used, the Funding Recipient shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Funding Recipient in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this Paragraph must be issued by a California-admitted surety. (Civ. Code, S 9550, et seq.; Pub. Contract Code, $ 7103; Code Civ. Proc., S 995.311.)
D.29. PRIORITY HIRING CONSIDERATIONS: lf this Funding Agreement includes services in excess of $200,000, the Funding Recipient shall give priority consideration in filling vacancies in positions funded by the Funding Agreement to qualified recipients of aid under Welfare and lnstitutions Code section 11200 in accordance with Public Contract Code section 10353.

D.30. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: ThE Funding Recipient shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with Funding Recipient's service of water, without prior permission of State. Funding Recipient shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Funding Recipient meet its obligations under this Funding Agreement, without prior written permission of State. State may require that the proceeds from the disposition of any real or personal propefi be remitted to State.

D.31 . PROJECT ACCESS: The Funding Recipient shall ensure that the State, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement.

D.32. REMAINING BALANCE: ln the event the Grantee does not submit invoices requesting all of the funds encumbered under this Grant Agreement, any remaining funds revert to the State.

The State will notify the Grantee stating that the Project file is closed and any remaining balance will be disencumbered and unavailable for further use under this Grant Agreement.

D.33. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Funding Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.

D.34. RETENTION: The State shall withhold ten percent (10%) of the funds requested by the Funding Recipient for reimbursement of Eligible Project Costs until the Project is completed and Final Report is approved. Any retained amounts due to the Funding Recipient will be promptly disbursed to the Funding Recipient, without interest, upon completion of the Project.

D.35. RIGHTS lN DATA: Fundin g Recipient agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Funding Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov. Code, S 6250 et seq.) Funding Recipient may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Funding Agreement, subject to appropriate acknowledgement of credit to State for financial support. Funding Recipient shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do Docusign Envelope lD: 34867E6A-3ECC-4C67-BBB7 -E72602603184 so. The State shall have the right to use any data described in this Paragraph for any public purpose
EVERABILI Should any portion of this Funding Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Funding Agreement shall continue as modified.

SUSPENSION OF PAYMENTS: This Funding Agreement may be subject to suspension of payments or termination, or both if the State determines that:

A. Funding Recipient, its contractors, or subcontractors have made a false certification, or B. Funding Recipient, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Funding Agreement.

SUCCESSORS AND ASSIGNS: This Funding Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Funding Agreement or any part thereof, rights hereunder, or interest herein by the Funding Recipient shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.

TERMINATION BY FUNDING RECIPIENT: Subject to State approval which may be reasonably withheld, Funding Recipient may terminate this Agreement and be relieved of contractual obligations. ln doing so, Funding Recipient must provide a reason(s) for termination. Funding Recipient must submit all progress reports summarizing accomplishments up until termination date.

TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 10, the State may terminate this Funding Agreement and be relieved of any payments should Funding Recipient fail to perform the requirements of this Funding Agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 10.

TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days'advance written notice. The Funding Recipient shall be reimbursed for all reasonable expenses incurred up to the date of termination.

TRAVEL: Travel includes the reasonable and necessary costs of transportation, subsistence, and other associated costs incurred by personnel during the term of this Funding Agreement.

Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources for excluded employees. These rates may be found at: https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx.

Reimbursement will be at the State travel and per diem amounts that are current as of the date costs are incurred. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State.

THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein.

TIMELINESS: Time is of the essence in this Funding Agreement.

UNION ORGANIZING: Funding Recipient, by signing this Funding Agreement, hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Funding Agreement. Furthermore, Funding Recipient, by signing this Funding Agreement, hereby certifies that:

A. No State funds disbursed by this Funding Agreement will be used to assist, promote, or deter union organizing.

D.36,
D.37.

D.38.

D.39.

D.40.

D.41.

D.42.

D.43.

D.44.

D.45.

Docusign Envelope lD: 34B67EOA-3ECC-4C67-BBB7 -E72602603184 D.46
D.47
B. Funding Recipient shall account for State funds disbursed for a specific expenditure by this Funding Agreement to show those funds were allocated to that expenditure.

C. Funding Recipient shall, where State funds are not designated as described in (b) above, allocate, on a pro rata basis, all disbursements that support the program.

D. lf Funding Recipient makes expenditures to assist, promote, or deter union organizing, Funding Recipient will maintain records sufficient to show that no State funds were used for those expenditures and that Funding Recipient shall provide those records to the Attorney General upon request.

VENUE: The State and the Funding Recipient hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Funding Recipient hereby waives any existing sovereign immunity for the purposes of this Agreement.

WAIVER OF RIGHTS: None of the provisions of this Funding Agreement shall be deemed waived unless expressly waived in writing. lt is the intention of the parties here to that from time to time either party may waive any of its rights under this Funding Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Funding Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect.

Attachment #I1B
RESOLUTION 2025-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE APPROVING AND

AUTHORIZING EXECUTION OF GRANT FUNDING AGREEMENT WITH AMADOR

WATER AGENCY FOR TURF REPLACEMENT AND IRRIGATION IMPROVEMENTS

AT HOWARD PARK
WHEREAS, the City of Ione may be awarded grant funding from the Amador Water Agency for turf replacement and irrigation improvements at Howard Park; and WHEREAS, the agreement attached and incorporated hereto as Exhibit A is required for administration of the grant; and
WHEREAS, the City Council is supportive of the project and irrigation improvements at Howard Park, and desires to apply for the grant funds available from the Amador Water Agency.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ione does hereby approve and authorize the City Manager to execute the agreement attached and incorporated hereto as Exhibit A. Any further revisions to the agreement must be approved by the City Attorney. The City Manager is authorized to apply for available grant funds from the Amador Water Agency and carry out the project and the terms of the agreement.

The foregoing resolution was duly introduced and adopted by the City Council of the City of lone at their meeting held on _____________, ____, 20___, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Stacy Rhoades, Mayor
ATTEST:

Janice Traverso, City Clerk
4911-4034-3087, v. 1

EXHIBIT A

GRANT AGREEMENT WITH AMADOR WATER AGENCY
Agenda Item #I2
DATE: MARCH 18, 2025
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GEORGE LEE, CITY MANAGER

JUSTIN GRANADOS, WASTEWATER FACILITY MANAGER
SUBJECT: DISCUSSION/ACTION ON THE WASTEWATER TREATMENT PLANT

PLC UPGRADE
RECOMMENDED ACTION:

Staff recommends proceeding with the proposed upgrade to the Wastewater Treatment Plant’s Programmable Logic Controller (PLC) system as outlined in the attached proposal from WaterStone Services. This project is a key component of the City’s ongoing efforts to modernize and increase the reliability of its wastewater treatment operations.

FISCAL IMPACT:

Price quote attached.

BACKGROUND:

The City’s Wastewater Treatment Plant relies on a Programmable Logic Controller (PLC) system to control pumps, valves, communications, and other critical infrastructure. This system is essentially the “brain” of the plant, directing automated operations and ensuring continuous, safe, and efficient treatment of wastewater.

Our current PLC hardware has reached the end of its supported lifecycle, leaving us vulnerable to system downtime, equipment failure, and the potential for costly emergency repairs.

Recognizing the importance of this system, the City has previously committed to a phased approach to upgrading the Supervisory Control and Data Acquisition (SCADA) system, with this PLC upgrade representing the halfway point of the full SCADA modernization.

DISCUSSION:

The proposed upgrade will transition the system from an outdated and unsupported PLC5 platform to a modern and fully supported ControlLogix platform. This transition will improve system reliability, maintainability, and functionality. The upgrade also includes improved programming practices to align with modern industry standards, resulting in more efficient and streamlined operations.

Additionally, WaterStone has recommended an optional Remote I/O enhancement. This would bring in alarms currently isolated on two PANALARM Annunciators into the PLC system, allowing them to be visualized and logged directly in SCADA. While this option is not immediately critical due to temporary wiring solutions, WaterStone recommends strong consideration of its inclusion either now or in the near future to further strengthen the plan’s modernization efforts.

Pricing for the base scope of work has increased due to industry-wide supplier price adjustments.

However, WaterStone believes the long-term benefits of completing this phase will significantly reduce operations risk and prepare the City for a smoother transition into the final SCADA upgrade phase.

ATTACHMENTS:

A. Price Quote for PLC Upgrade
Attachment #I2A

Agenda Item #I4

Agenda Item #I5
DATE: APRIL 1, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOSH VARINSKY, CITY ATTORNEY
SUBJECT: PRELIMINARY HEARING TO CONSIDER REQUEST FROM

COUNCILMEMBER ALISON LAFAYNE FOR CENSURE OF

COUNCILMEMBER JACK MITCHELL
BACKGROUND/DISCUSSION:

Councilmember Alison LaFayne filed a request for censure of Councilmember Jack Mitchell.

In accordance with the recent censure policy adopted by the Council, notice of this hearing was provided to Councilmember Mitchell ten (10) days in advance of this preliminary hearing.

As outlined in the censure policy, upon the filing of a complaint against another Councilmember, a preliminary hearing is scheduled. The purpose of the preliminary hearing is to determine whether further investigation or action is warranted. Any formal findings of the Council that a violation has occurred would need to be scheduled for a future public meeting.

In this report, included are the recommended procedures for conducting the preliminary hearing.

Also included are rules and policies which may be relevant to the complaint filed.

In its preparations and during the preliminary hearing, the City Council should review the complaint filed by Councilmember LaFayne, review applicable rules and standards of the City Council, and consider if the complaint warrants further investigation or should move forward to a future public hearing.

Attachments included in this report are as follows:
(1) The complaint and all supporting documentation filed by Councilmember LaFayne. (2) The censure policy adopted by the City Council.
(3) The City Council Protocol Manual.

RECOMMENDED PROCEDURE FOR PRELIMINARY HEARING:

The specific process recommended for the preliminary hearing is described below. The Council may set reasonable time limits for each item, but also must be sure to respect the due process afforded to the named Councilmember.
(1) The City Attorney will make introductory statements on the process for the preliminary hearing.
(2) The named Councilmember will be given the opportunity to make an opening statement. (3) The Councilmember who filed the complaint will have the opportunity to present the complaint and explain their reasons for bringing the request to the Council. (4) The named Councilmember will be given an opportunity to respond to the complaint, question the Council or testimony provided, and call representatives or witnesses on their behalf.
(5) The Councilmember who filed the complaint will have an opportunity to respond to the statements and testimony of the named Councilmember.
(6) The named Councilmember will have the opportunity to make a closing statement. (7) The public will have the opportunity to provide public comment. (8) The Council will deliberate on the complaint and the testimony provided, and then determine if any further investigation or action is warranted.

Upon conclusion of the hearing, and as further described in the censure policy, the Council may consider the following actions:
(1) Take no action; or
(2) Direct further investigation by a neutral investigator or by formation of an ad hoc committee; or
(3) Provide an admonishment to all elected officials to be mindful of the rules required of Councilmembers; or
(4) At a future public hearing, consider (a) providing an informal warning to the named Councilmember; or (b) adopting a resolution of censure prepared by the City Attorney. A resolution of censure would express the Council’s findings that a violation has occurred and its disapproval of the conduct. The resolution may also be combined with potential penalties as specified in the censure policy.

RULES AND POLICIES FOR THE COUNCIL’S CONSIDERATION:

This next section of this report provides specific rules and policies applicable to the conduct of Councilmembers.

STANDARDS CONTAINED IN THE CENSURE POLICY
Certain standards of the City Council which may be a basis for a complaint are provided directly in the censure policy, such as:
(1) Failing to maintain professional relations with City staff, commissions, and committees. (2) Not respecting the Council-Manager form of government (for example, by improperly influencing or directing City employees).
(3) Interfering with the collective bargaining rights of represented City employees. (4) Speaking for or representing the City without the authority of the City Council. (5) Committing violations of the Ralph M. Brown Act (Government Code § 54950 et seq.) or the Political Reform Act (Government Code § 81000 et seq.). (6) Causing liability or extraordinary legal expense to the City. (7) Abusing or improperly using public resources available to the City Council. (8) Engaging in harassment or discrimination. Councilmembers must refrain from engaging in conduct that is discriminatory or constitutes harassment. (9) Not upholding standards of civility and decorum in interactions with Councilmembers, Council Advisory Boards, Commissions, Committees, the public, and staff. (10) Engaging in abusive conduct, personal charges, or verbal attacks upon the character or motives of other Councilmembers, Council Advisory Boards, Commissions, Committees, the public, and staff.

REQUIREMENTS OF THE RALPH M. BROWN ACT (GOVERNMENT CODE § 54950 ET SEQ.) One of the claims asserted by Councilmember LaFayne relates to communications with a third party concerning public employment evaluations and disclosure of closed session information.

Below are relevant provisions from the Brown Act for the Council’s consideration.

Regarding discussion of public employment matters during closed session, the Brown Act provides the following:

Government Code § 54957:

Regarding disclosure of confidential information discussed during closed session, the Brown Act provides the following:

STANDARDS AND POLICIES CONTAINED IN THE CITY COUNCIL PROTOCOL MANUAL Provided below are additional rules and standards contained in the City Council Protocol Manual which may be applicable.
(Section 8.12) City Councilmembers Conduct and Participation at Meetings As stated, upon conclusion of the preliminary hearing, the Council may consider if further investigation or action is warranted.

FISCAL IMPACT:

This item required preparation by the City Attorney.

ATTACHMENTS:

1. Request for Censure from Councilmember Alison LaFayne

2. Censure Policy

3. City Council Protocol Manual
Censure Complaint Councilmember Jack Mitchell
March 17, 2025
1 | P a g e
On March 5, 2024, Council held a closed session discussion in chambers on City Manager applicants. In attendance were all Council members and City Attorney, Andrew Pinasco. Seated to my left was Councilmembers Atlan and Wratten, then City Attorney Pinasco. To my right was Councilmember Mitchell and then Councilmember Rhoades.

I started the conversation with a remark about the number of applicants and how some provided a lot of information. I believe Councilmember Atlan made a comment it took the weekend to get through them all.

Councilmember Mitchell joked, saying “I gave them to my wife to review.” Councilmember Mitchell has made this comment to me in the past multiple times, stating his wife does all his research and she’s like a blood hound and will find anything. Also, this rings true since Councilmember Mitchell’s wife joined me, Stacy Rhoades and Jack Mitchell on many occasions to discuss city issues and was actively involved in the conversations. Twice at Tilley’s, with Chris Hancock, the city’s finance director attending one meeting and then at the Buena Vista Saloon, with multiple members of the public however, at a separate table. The Buena Vista meeting and one at Tilley’s were after the election. And Buena Vista was after we were sworn in.

Upon hearing Councilmember Mitchell, I looked to Mr. Pinasco and said, “I thought this information was confidential, only to be seen by us?” Mr. Pinasco confirmed this and said all information included in the packets was confidential, no one else should see it. Councilmember Mitchell immediately backtracked.

In subsequent conversations I had with Mr. Pinasco, he again confirmed what he heard Mitchell say and stated he did backtrack, and it was a Brown Act Violation.

At the meeting of July 2nd, the matter was before Council. Mr. Pinasco was asked to provide his comment and requested not to be involved. Council suggested Mitchell write a letter to the FPPC, and Mitchell agreed.

Councilmember Mitchell then placed a front-page public announcement in the Ledger Dispatch on July 5
th
(see attached), acting at the time as the publisher of the newspaper and stated the following:
“So basically, I did the background checks. I did at a later time pose a hypothetical question to my wife saying, ‘Hey, would you want to know results of a background check before you interviewed the person or after you interviewed the person’,” Mitchell said. “That’s where the wife comes into this. It was not looking at files. It was not doing checks. It was not involved in city business. It was literally a hypothetical.”
Attachment #I5A
Censure Complaint Councilmember Jack Mitchell
March 17, 2025
2 | P a g e
The issue with this statement: Councilmembers did not have authority to conduct background checks on private information confidential in nature. Our task was to review the information provided to us by the recruitment firm. At that point, the City was conducting interviews, and no offer had been extended.

Also, the context of the remarks made was not concerning background checks. It was the volume of applications in the packets received. The Council never discussed background checks. We were told explicitly and the very reason we hired and relied on a recruitment firm; their firm conducted checks that went beyond the normal discovery process.

Councilmember Mitchell’s actions not only violated the Censure Policy, they crossed over into potential violations of the Fair Credit Reporting Act. And he once again, used the Ledger Dispatch for self-serving purposes to align with his and Councilmember Rhoades continuing political agenda. He very well could have joined his employer in the same liability, placing the City at even greater risk.

As the publisher, and a prior editor of the Ledger Dispatch, background tools are often used in research and would be available.

Sign Up Log In
lone Councilmember
Mitchell answers allegations
By Mia Huss Ledger Dispatch Jul 5, 2024 ◄•• 0
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COURTESY PHOTO
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Allegations against lone City Councilmember
□ i ledger.news
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Allegations against lone City Councilmember
Jack Mitchell surfaced after other council
members accused him of violating the Brown
Act and Political Reform Act at the Tuesday
July 2 meeting.

No staff report or supporting documents
were provided in the agenda packet, which
confused and angered members of the public
who attended the meeting.
''There's no staff report written because it was
not brought by staff. It was brought by council
members," Mayor Alison La Fayne explained.

Councilmember Dominic Atlan led the
discussion on the item, explaining the reason
for its placement on the agenda.
i ledger.news
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''This is just a allegation that the Brown Act
was violated from closed session and that's
basically it," Atlan said.

Atlan alleged that during the search for city
manager, Mitchell made a comment in closed
session about his wife conducting background
checks on the candidates, which would be a
violation of the Brown Act.

LaFayne and Vice Mayor Diane Wratten
concurred with Atlan, agreeing that Mitchell
made that comment in closed session.

Mitchell said the allegations are false and he
has never violated the Brown Act. Instead,
Mitchell said he posed a broad hypothetical
question to his wife that did not disclose
private or confidential information.
"So basically, I did the background checks. I
did at a later time pose a hypothetical
question to my wife saying, 'Hey, would you
want to know results of a background check
I r I , I r,
i ledger.news
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want to know results of a background check
before you interviewed the person or after
you interviewed the person'," Mitchell said.
''That's where the wife comes into this. It was
not looking at files. It was not doing checks. It
was not involved in city business. It was
literally a hypothetical."
Many members of the public believed the
allegations were false and lined up to speak in
support of Mitchel I.
"It's incredibly disappointing," Bailey Mitchell
said. "I know the character of my father, he
would not do this. I live at home with them,
they do not talk about closed item sessions.

I'm just appalled."
Resident Dave Anderson said if council
members were concerned, they should file a
complaint with the proper authority instead
of discussing it as a council.
"I think this is entirely inappropriate,"
Anderson said. "If you have a complaint you
i ledger.news
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"I think this is entirely inappropriate,"
Anderson said. "If you have a complaint you
file it with fair political practices. Take it to the
appropriate authority."
While other residents showed support for
Mitchell, others suggested the council focus
on bettering the city instead.
"I think you're in the drama and I would hope
you're getting back to what is best for our
city," resident Demi Wright said via Zoom.

Resident Stacy Mitchell, who is not related to
Councilmember Mitchell, said she wished
council members would focus on the good of
the city.
''We don't want to see people tearing people
apart," she said. "I don't like this. I don't think
it's fair. Let's just stop all of this and start
working at what we can do for the city."
City Attorney Andy Pinasco explained the
complexities of Brown Act violations to
i ledger.news
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Councilmember Mitchell agreed to write a
letter to the Fair Political Practices
Commission on his own time to look into any
potential conflicts of interests to protect
himself and the City of lone. No further action
was taken by the council.

Reappointments of current Creek Committee
members were not confirmed by council in an
effort to provide more citizens the
opportunity to be involved in local
government.
'We are a growing city and I know there are a
lot of people who want to get on these
committees and they're never given the
opportunity," LaFayne said.

The city will advertise the Creek Committee
vacancies on the city website, in the
newsletter and on the city's Facebook page.

Fire Chief Ken Mackey presented the plan to
t-=lnnP)( Rrirkvt-=lrrl Rnt-=lrl frnm Amt-=lrlnr rn11ntv i ledger.news
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willful is the specifics that you're gonna have
to prove that was the intent of the disclosure.

Second element would be, was that really
confidential information," Pinasco said.

After their discussion, council members
decided not to take further action against
Mitchell.

As for the alleged Political Reform Act
violation, Atlan suggested looking into
Mitchell's potential conflict of interest. He
suggested the city write a letter to the Fair
Political Practices Commission.
"I am just looking for a advice letter from the
FPPC to see if there are any conflicts of
interest that Jack Mitchell may have with his
position at the newspaper and with his
position as an employee of a local landowner
when we're going into some very large
contracts coming up in the near future," Atlan
said.
rn11nrilmPmhPr 1\/litrhPII ;:io-rPPrl tn \MritP ;:i
i ledger.news
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LaFayne and Vice Mayor Diane Wratten
concurred with Atlan, agreeing that Mitchell
made that comment in closed session.

Mitchell said the allegations are false and he
has never violated the Brown Act. Instead,
Mitchell said he posed a broad hypothetical
question to his wife that did not disclose
private or confidential information.
"So basically, I did the background checks. I
did at a later time pose a hypothetical
question to my wife saying, 'Hey, would you
want to know results of a background check
before you interviewed the person or after
you interviewed the person'," Mitchell said.
''That's where the wife comes into this. It was
not looking at files. It was not doing checks. It
was not involved in city business. It was
literally a hypothetical."
D i ledger.news
<

CENSURE POLICY

CITY OF IONE

1. Purpose
This policy provides the methods by which the City Council, acting as a body, may express the Council’s disapproval of the conduct of an elected official if the Council finds, subject to the procedures set forth herein, that an elected official’s conduct violates federal, state or local law, order, or policy of the City Council.

2. Request for Censure
A request for censure may be submitted by a Councilmember in writing to the City Manager and the City Attorney. The request must contain the specific charges on which the proposed censure is based, with supporting detail of the objectionable conduct. Prior to submittal, the initiating Councilmember is encouraged to consult with the City Attorney on the reasons for the proposed censure.

3. Reasons for Censure
Potential reasons for censure may include, but are not limited to, violations of federal, state or local law, order, or policy of the City Council. By being elected to the City Council, Councilmembers agree to follow the guidelines and standards of the City Council Protocol Manual. Failure to adhere to the guidelines and standards of the City Council Protocol Manual may constitute potential basis for censure. All Councilmembers are encouraged to review the City Council Protocol Manual for the rules, standards, and conduct expected of Councilmembers.

Conduct subject to censure may include, but is not limited to, the following:
a. Failing to maintain professional relations with City staff, commissions, and committees.
b. Not respecting the Council-Manager form of government (for example, by improperly influencing or directing City employees).
c. Interfering with the collective bargaining rights of represented City employees.
d. Speaking for or representing the City without the authority of the City Council. e. Committing violations of the Ralph M. Brown Act (Government Code § 54950 et seq.) or the Political Reform Act (Government Code § 81000 et seq.). f. Causing liability or extraordinary legal expense to the City. g. Abusing or improperly using public resources available to the City Council.

Attachment #I5B
2 4920-2159-7733, v. 2
h. Engaging in harassment or discrimination. Councilmembers must refrain from engaging in conduct that is discriminatory or constitutes harassment. i. Not upholding standards of civility and decorum in interactions with Councilmembers, Council Advisory Boards, Commissions, Committees, the public, and staff.
j. Engaging in abusive conduct, personal charges, or verbal attacks upon the character or motives of other Councilmembers, Council Advisory Boards, Commissions, Committees, the public, and staff.

4. Notice to Named Official
Following receipt of a request for censure, the City Attorney shall prepare a notice of censure containing the content of the complaint and forward the notice to the named official. The named official shall receive at least ten (10) days’ notice before the initial hearing is scheduled before the City Council.

5. Preliminary Hearing
The complaint shall be reviewed by the Council at a preliminary hearing. The named official will have the opportunity to respond to the complaint orally or in writing as part of the Council’s initial review of the complaint.

After reviewing the complaint and considering the response of the named official, if any, the Council may take one of the actions described herein (Admonishment, Informal Warning, or direct the City Attorney to prepare a Resolution of Censure for a future hearing).

When deemed warranted, the Council may initiate an investigation by a neutral investigator.

Upon the conclusion of the investigation, the Council will review the investigation findings.

Such review may be conducted in a closed session in compliance with the requirements of the Ralph M. Brown Act (Government Code § 54950 et seq.).

The Council may also choose to appoint an ad hoc committee of the Council to conduct a review of the request for censure. The ad hoc committee shall not include the Councilmember making the request for the proposed censure or the official that is named for proposed censure. The ad hoc committee may conduct its own investigation to arrive at a recommendation regarding the request and report its findings to the Council. At the earliest opportunity (but no later than two (2) regular Council meetings following formation of the committee), the ad hoc committee shall make its recommendation to the Council to determine whether: (a) no action is required, (b) further investigation of the charges is necessary, or (c) admonishment, informal warning, or resolution of censure is recommended.
3 4920-2159-7733, v. 2
Unless otherwise relevantandallowedunderopen meeting laws,the Council’s discussion will generally be limited to the complaint, the investigation (if any), and whether any policy violations have occurred.

6. Potential Council Actions
If, after review of the complaint and the preliminary hearing, the Council determines that a violationoccurred, it may undertake one ormore ofthe following actions:
a. Admonishment: This is the least severe form of action. An admonishment is a reminderdirectedto all elected officials that a particulartype ofbehavioris in violation of law or Citypolicyandthat,ifitoccursoris foundtohaveoccurred,couldmakethe official subject to a higher level of action.
b. Informal Warning: This is the next most severe form of action. This warning to a particular official should be used for cases in which the Council determines, based on review of the complaint and proceedings, a policy violation occurred, butthe violation is considered not sufficiently serious towarrantcensure. TheCouncil must make a motion and vote during a public meeting whether to issue the warning. A warning to the named official is distinguished from censure in that it is not considered to be formal discipline. c. Censure: Censure is the most severe form of action. Censure is a formal statementoftheCouncilofficially reprimanding the named official andmaybe combined with other actions, including but not limited to, loss of committee assignments, suspension of City-sponsored attendance at conferences or seminars, loss of travel or expense reimbursements, or removal of other privileges as deemed appropriate by Council.Censure should beusedforcases inwhich theCouncil determines that the policy violation is a serious offense. A decision to censure requires the Council to adopt a Resolution and make findings regarding violations at a public meeting.

To protectthe overriding principle of freedom of speech, the Council will not imposecensure for the exercise of First Amendment rights, no matter how distasteful the expression was to the Council and the City. However, nothing herein may be construed to prohibit the Council from collectively condemning and expressing their strong disapproval of such remarks.

7. Participation of Named Official
The official named for proposed censure shall be ineligible to vote on any action taken by the Council during the censure process.

At any hearing where the matter is heard before the Council, the named official shall be given the opportunity to make an opening or closing statement, question the Council or testimony provided, or call witnesses on their behalf. The Council may decide to adopt reasonable limits on the time for statements, questioning, and testimony of the named official. 4 4920-2159-7733, v. 2

8. DueProcess
In all instances, the Council shall ensure that all due process requirements are met. The City Attorneymay recommendvariations tothe procedures contained herein toensuredueprocess.

There shall be a maximum of three (3) regular Council meetings to consider the proposed censure, including the initial hearing. If no action is taken by the Council within three (3) regular Council meetings, the censure request shall be considered terminated.

The rules of evidence and judicial procedure applicable in courts of law shall not apply to any censure hearing, and the procedures shall be generally informal.

9. De-escalation /Informal Resolution
In addition to the actions above, the Council is encouraged to take steps to de-escalate the behavior that could lead to a complaint before a complaint is filed and consider addressing the complaint informally, if appropriate, in an effort to bring the Councilmember named for potential censure intocompliance with law or policy.

Attachment #I5C