Ione City Council
April 15, 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 15, 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. CALL TO ORDER - ROLL CALL
B. CLOSED SESSION: 5:00 PM

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Properties: 1000 Castle Oaks Drive (APN 005-320-034), 1230 Shakeley Lane (APN 005-320-037)
Agency Negotiator: Josh Varinsky, City Attorney
Negotiating Parties: Hahn Family Foundation
Under Negotiation: Price and Terms of Payment

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION:

Significant exposure to litigation pursuant to Government Code 54956.9(d)(2): 1 case

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION:

Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): 2 cases If all matters are not completed prior to the regular meeting start time, the City Council will convene to Closed Session after the Regular Meeting ends C. RECONVENE INTO OPEN SESSION – 6:00 PM
D. REPORT OUT OF CLOSED SESSION
E. PLEDGE OF ALLEGIANCE
F. APPROVAL OF AGENDA
G. 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? H. PRESENTATIONS/ANNOUNCEMENTS: None
I. INFORMATION ITEMS:

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

1. Public Works Report – March 2025

2. WWTP Monthly Operations Report – March 2025

3. Building Department Monthly Report – March 2025

4. Police Department Monthly Report – March 2025
J. 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 21, 2025-Special Meeting, and February 4, 2025

2. Warrants – April 15, 2025
K. PUBLIC HEARING: None
L. REGULAR AGENDA:

1. Update on Regional Water Board Enforcement Meeting – Michelle Chester, Somach, Simmons & Dunn

2. Presentation of Rate Study for Rate Increase to Sewer Service – Michael Cronin, Willdan Group

3. Status Report on Tracer Study for Wastewater System – Justin Granados, WaterStone Services (Oral Report)

4. Authorize Additional Funds to West Yost Associates Related to Task Order for Title 22 Report

5. Approval and Authorization to Execute Professional Services Agreement with RRM Design Group for Howard Park Master Plan Asset and Capital Improvement Plan

6. Report from Staff and Receive Direction on Investigator for Censure Request of Councilmember Alison LaFayne

7. Appointment of Commissioner to Park & Recreation Commission to Fill Vacancy for Unexpired Term through September 2025 – Mayor Rhoades M. REPORTS AND COMMUNICATIONS FROM CITY ATTORNEY
N. REPORTS AND COMMUNICATIONS FROM CITY MANAGER
O. COUNCIL COMMENTS/COMMITTEE REPORTS/FUTURE AGENDA ITEMS P. 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.

March 2025 Monthly
project report Public
works
• New wood for tables at city hall park
• Fixed broken down mower to bring back to service
• Rebuilt old trailer
• Mow baseball
• Mow soccer
• Cleaned up brush around tennis courts
• Cleaned out Sutter Ditch
• Replaced light bulbs in police lobby
• Sprayed Howard park
• Cleaned up storm trees at Howard park
• Groomed arena for events
• Weedeated outfield of field 3 at baseball
• Cleaned be hall for events
• Cleaned baseball bathrooms before opening day
• Put out cones and barriers for baseball parade
• Worked with rotary club to put in light pole bases for new poles • Tore down building on new lot to move out to Howard park Safety Training
Agenda Item #I1
• Trained on sweeper safety when working with multiple workers • Mower safety
• Weed eating safety and proper ppe

MONTHLY

OPERATIONS
REPORT
for the: City of Ione
Castle Oaks and the Wastewater Treatment
Facilities
Wastewater Services
March 2025
Agenda Item #I2
RE: MARCH 2025 MONTHLY OPERATIONS REPORT
Dear Mr. Lee:

WaterStone Services is pleased to present our monthly operations report detailing our operations and maintenance activities at your wastewater treatment facilities during the previous month. Our report addresses the following key areas of concern:

1. Monthly Operations Summary

2. Plant Compliance

3. Plant Process and Performances

4. Collection System

5. Items for Client Approval

6. Process Chemicals

7. Solids Disposal

8. Safety
Should you have any questions or concerns regarding this report or any aspect of our operation, please don’t hesitate to contact me.

Thank you for your time,
Sincerely,
Kathy Stone- Operations Manager
Justin Granados- Facility Manager

1.0 MONTHLY OPERATIONS SUMMARY
 COMPLETED ALL MONTHLY REPORTS
 SUBMITTED DMR REPORT TO WATER BOARDS- NO VIOLATIONS WERE NOTED  ALL PERMIT MONTHLY SAMPLES COMPLETED
 ALL CALIBRATION OF METERS, PROBES AND QA/QC COMPLETED  RESPONDED TO CALL-OUTS AND ALARMS
 BEGAN RE PLUMBING AND RE WIRING CONTROL PANELS ON SAND FILTERS  TURNED TERTIARY PLANT ON TO PREPARE FOR UPCOMING TRACER STUDY  CHECKED AND INSPECTED LIFT STATIONS DAILY
 CHANGED OIL IN THE AERATORS
 GREASED AERATORS
 INSPECTED EYEWASH STATIONS AND EMERGENCY SHOWERS
 ALL FIRE EXTINGUISHERS CERTIFIED BY FIRE DEPARTMENT
 EXERCISED EMERGENCY GENERATOR ON 3/24
 COMPLETED FACILITY INSPECTION
 COMPLETED INSPECTIONS ON COLLECTION SYSTEM HOT SPOTS/CLEANING  SPRAYED PONDS FOR DUCKWEED
 MONITORED WATER FLOWS AND PRESSURES AT TERTIARY PLANT  WEED WHACKED AROUND POND IN A CONTINUED EFFORT.
 CONTINUED PAINTING PIPES AND MOTORS WITH FADING PAINT.  BEGAN DETACHING FLOATING AERATOR MOTOR TO PREPARE IT FOR REPAIRS ON POND ONE.
 SPRAYED WEEDS.
 MARKED MONTHLY USA’S THROUGHOUT TOWN.
 WORKED ON IWORKS IMPLEMENTATION
 REPLACED CHLORINE LINE LEAKS ON BROKEN/ABANDONED CHLORINE INFRASTRUCTURE  CLEANED OUT AND SPRAYED DOWN SLUDGE DRYING BED. LOADED SLUDGE INTO DUMPSTER AND HAULED AWAY.
 REMOVED DEBRIS/RAGS FROM AERATORS AS NEEDED
 COMPLETED FOUR SAFETY TRAININGS AMONG STAFF

2.0 PERMIT COMPLIANCE
Central Valley Regional Water Quality Control Board provides a Permit for the Operation of the Pond Treatment System. The WWTP Facilities achieved compliance with weekly parameters, as documented in TABLE 1.1 below.
* Pond level too low to safely sample
TABLE 1.1 – PERMIT COMPLIANCE

POND PARAMETER PERMIT LIMIT FREQUENCY AVERAGE MONTHLY HIGH MONTHLY LOW 1 Dissolved Oxygen >1.0 X 3 Weekly 2.3 2.4 2.2
2 Dissolved Oxygen >1.0 X 3 Weekly 4.1 4.3 4.0
3 Dissolved Oxygen >1.0 X 3 Weekly 4.2 4.4 4.0
4 Dissolved Oxygen >1.0 X 3 Weekly 2.5 2.8 2.3
5 Dissolved Oxygen >1.0 X 3 Weekly * * *
6 Dissolved Oxygen >1.0 X 3 Weekly * * *
7 Dissolved Oxygen >1.0 X 3 Weekly * * *

POND PARAMETER PERMIT LIMIT FREQUENCY
1 pH 6.0-9.0 Weekly 7.1 7.2 7.0
2 pH 6.0-9.0 Weekly 7.0 7.5 6.3
3 pH 6.0-9.0 Weekly 7.0 7.8 6.2
4 pH 6.0-9.0 Weekly 7.2 7.2 7.0
5 pH 6.0-9.0 Weekly * * *
6 pH 6.0-9.0 Weekly * * *
7 pH 6.0-9.0 Weekly * * *

POND PARAMETER PERMIT LIMIT FREQUENCY AVERAGE MONTHLY HIGH MONTHLY LOW 1 Freeboard 2.0 Weekly 2.0 2.0 2.0
2 Freeboard 2.0 Weekly 2.0 2.0 2.0
3 Freeboard 2.0 Weekly 2.0 2.0 2.0
4 Freeboard 2.0 Weekly 2.0 2.0 2.0
5 Freeboard 2.0 Weekly 5.0 5.5 4.5
6 Freeboard 2.0 Weekly 9.75 10.0 9.5
7 Freeboard 2.0 Weekly 7.25 7.0 7.5

POND PARAMETER PERMIT LIMIT FREQUENCY AVERAGE MONTHLY HIGH MONTHLY LOW 1 Berm Condition Visual Weekly OK OK OK
2 Berm Condition Visual Weekly OK OK OK
3 Berm Condition Visual Weekly OK OK OK
4 Berm Condition Visual Weekly OK OK OK
5 Berm Condition Visual Weekly OK OK OK
6 Berm Condition Visual Weekly OK OK OK
7 Berm Condition Visual Weekly OK OK OK

POND PARAMETER PERMIT LIMIT FREQUENCY AVERAGE MONTHLY HIGH MONTHLY LOW 1 Seepage/Odor Visual Weekly OK OK OK
2 Seepage/Odor Visual Weekly OK OK OK
3 Seepage/Odor Visual Weekly OK OK OK
4 Seepage/Odor Visual Weekly OK OK OK
5 Seepage/Odor Visual Weekly OK OK OK
6 Seepage/Odor Visual Weekly OK OK OK
7 Seepage/Odor Visual Weekly OK OK OK
INFLUENT FLOW – Wastewater Treatment Pond Plant
The total Influent flow of 19.064 MGD of wastewater has been recorded for the month of March.

The average daily influent flow for March was 0.615 MGD. A maximum daily flow of 1.193 MGD was recorded on March 17th. A minimum daily flow of 0.423 MGD on March 31st. .

Graph 2 below trends the Influent flow for the month.

3.0 PLANT PROCESSES AND PERFORMANCE
Solids – Tertiary Treatment Plant
Solids sent to drying beds with small sludge blanket depths of less than a foot in clarifier.

Plant Loads
The plant loading consists of domestic wastewater.

Influent Headworks
Station is inspected daily. Filter screen cleaned as needed.

Aeration: Floating aerator on pond 1 and 5 down.

Farmer’s Irrigation – NO IRRIGATION FOR THE MONTH OF MARCH

0.000

0.200

0.400

0.600

0.800

1.000

1.200

1.400

INFLUENT FLOW
Influent Flow

4.0 Collection System
DESCRIPTION- WORK SUMMARY MARCH 2025
BLOCKAGE LOCATED 85FT. UPSTREAM FROM WALNUT AND
SHAKELY.

HYDRO JETTED LINE MULTIPLE TIMES, VACUUMED OUT GREASE,
GRAVEL AND ASPHALT PIECES. LENGTH BETWEEN MANHOLES
340FT. MANHOLE LOCATED AT PRESCOTT AND SHAKELY HAD
ASPHALT REPAIRED RECENTLY. BLOCKAGE DUE TO PIECES OF
ASPHALT BLOCKING FLOW.

HYDRO JETTED JACKSON ST. TO CITY HALL. MANHOLE LOCATED IN BETWEEN JACKSON ST. AND CITY HALL, UNDER ASPHALT. LOCATED MANHOLE LID AND EXPOSED. MANHOLE FOUND TO BE FULL OF
BROKEN CONCRETE AND ASPHALT. (SEE PHOTOS) VACUUM
CLEANED AND REMOVED ASPHALT. HYDRO JETTED UP TOWARDS
BAKERY, LARGE AMOUNT OF GREASE BUILD-UP. HYDRO JETTED UP TOWARDS CITY HALL AND DOWNSTREAM. LINE FOUND TO BE
FLOWING OK AT THIS TIME.

TOTAL LENGTH 425’

5.0 ITEMS REQUIRING CLIENT APPROVAL

ITEM CRITICALITY STATUS COMPLETION
DATE

SAND FILTERS HIGH APPROVED

PLC UPGRADE HIGH APPROVED

WWTP HEADWORKS

RECONDITIONING

MEDIUM N/A

CHEMICAL OVERHANG MEDIUM N/A

6.0 PROCESS CHEMICALS
The process chemical inventory (chlorine, polymer) are the bulk of chemicals used at the plant. All chemicals used are being tracked on a daily basis.

7.0 SOLIDS DISPOSAL
Sludge is separated from water and deposited in the solids sludge drying bed. When enough is collected it will be analyzed and sent to the disposal site.

8.0 SAFETY
Safety of the Waterstone Services staff, and the facility itself is a critical concern. Safety meetings topics for the month of March included: First aid training, and Chemical exposure procedures handout. We are pleased to report that there were no workplace accidents or injuries in the past month Agenda Item #I3
DATE: APRIL 15, 2025
TO: GEORGE LEE, CITY MANAGER
FROM: JORDAN DOERKSEN, ADMINISTRATIVE ASSISTANT
SUBJECT: MARCH 2025 BUILDING DEPARTMENT REPORT
To provide information regarding the activities of the Building Department for the month of March 2025.

Permits Issued:
• ADU: 0 $ -
• Garage/Carport: 0 $ -
• HVAC: 3 $813.22
• Meter Panel: 0 $ -
• Misc. Building: 2 $497.04
• Misc. Electrical: 2 $558.85
• Misc. Plumbing: 0 $ -
• Patio Cover: 1 $387.24
• Pool/Spa: 0 $ -
• Repair: 0 $ -
• Reroof: 3 $883.58
• New SFD: 0 $ -
• Sign: 0 $ -
• Solar: 5 $3,113.45
• Tenant Improvement: 0 $ -
• Tesla Powerwall: 0 $ -
• Water Heater: 1 $221.50
• Windows: 1 $276.79
___________________________________________________________ TOTAL 18 $6,701.67
Inspections Completed:
• Code Enforcement: 0
• Consultation: 2
• Drywall: 1
• Electrical: 8
• Final Inspections: 3
• Footings: 0
• Foundation: 0
• Framing: 0
• Garage/Carport: 0
• Gas Line/Yellow Tag: 0
• HVAC Final: 2
• Insulation: 0
• Lath: 0
• Mechanical: 0
• Misc. Inspection: 0
• Patio Cover: 2
• Pool/Spa: 1
• Re-Roof: 0
• Sewer Lateral: 0
• Shear Nailing: 0
• Solar P/V Final: 14
• Structural Slab: 0
• Stucco: 0
• Water Heater: 2
• Water Lateral: 0
______________________________________
TOTAL 34
Agenda Item #I4
DATE: APRIL 15, 2025
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOHN ALFRED, CHIEF OF POLICE
SUBJECT: RECEIVE AND FILE POLICE DEPARTMENT 2025 MARCH REPORT RECOMMENDED ACTION:

Receive and file the Ione Police Department 2025 March Report.

FISCAL IMPACT:

None.

BACKGROUND:

This monthly report is for March 2025. It is designed to give you an understanding of the day-today operations of the Ione Police Department and staff in March 2025.

ATTACHMENTS:

A. Summary – 2025 March Report

IONE POLICE DEPARTMENT
March REPORT
Data is from March 1
st to March 31st
Attachment #I4A

CITY OF IONE

POLICE DEPARTMENT
2025
March Report to City Council
Data is from March 1
st to March 31st

1. Total Incidents
2024 – March 550
2025 – March 773

2. Patrol Statistics
Type of Call 2024 – March 2025 – March
Calls for Service 112 109
Officer Initiated
Incidents
438 664
Traffic Stops 130 191
Other OIA Incidents 308 473
Business Checks 229 375
Vehicle/Person Checks 18 26
Type of Report 2024 – March 2025 – March
Total Reports 39 40
Accident Reports 1 1
Corner’s Case 0 0
Felony 5 5
Information Report 19 20
Infraction 1 0
Misdemeanor 12 13
Unclassified/Other 1 1
Arrests 2024 – March 2025 – March
Total Arrests 10 8
Misdemeanor 4 5
Felony 6 3
Citations 2024 – March 2025 – March
Total 7 15
Felony 0 0
Misdemeanor 1 0
Infraction 6 15

3. Staffing Levels
▪ 1 Chief
▪ 1 Sergeant
▪ 2 Corporals
▪ 6 Officers
▪ 1 Records Clerk
▪ 1 Reserve
▪ 1 Part-time Administrative Analyst
• As of the date of this report, we are fully staffed. We currently have one new officer on field training. The new Officer should be solo around the end of April.
• We currently run 12-hour shifts for patrol staff and corporals (Day Shift 6 AM – 6 PM, Swing Shift 2 PM – 2 AM, Graveyard 6 PM – 6 AM). The Sergeant and Chief work a standard 8-hour shift Monday through Friday.

4. Volunteer Unit
• This month, the volunteer unit was used for office duties, events, and assistance on a case. The volunteer unit put in 75.25 hours during March.
• The Police Department could only function with the support of our volunteer unit. The volunteers assist with records, property and evidence, special events, vacation home checks, and other collateral duties as assigned.

5. Notable Cases
• On March 8, 2025, officers observed a silver Lexus turn east on Highway 124 from Preston Ave. with no headlights on at night.

Officers conducted a traffic enforcement stop of the vehicle for the infraction. Officers could smell an odor of an alcoholic beverage coming from the vehicle. Officers investigated and subsequently arrested the driver, Marcia Coppock, for 23152 (a) VC – Driving under the influence and 23152 (b) VC – Driving under the influence .08 BAC or higher. Officers also arrested the passenger, Steven Coppock, for 647 (f) PC – Drunk in public and 849 (b)(1) PC – Release/Detention only. During the traffic stop, Steven refused to comply with the officer's orders due to his level of intoxication. No charges were filed against Steven. Both subjects were booked into the Amador County Jail on the listed charges.
• On March 16, 2025, Officers were conducting speed enforcement on Plymouth Highway and observed a blue car traveling at a high rate of speed west on Plymouth Highway, coming into the city.

Radar showed the vehicle was traveling 91 MPH, and officers attempted to stop it. The vehicle failed to yield, leading officers on a short vehicle pursuit in the city. The vehicle failed to stop at six stop signs, driving with disregard for public safety. The vehicle finally stopped at the end of East Main Street at the dead end.

Noelle Stuart was taken into custody and booked into the Amador County Jail on the charges listed below. 2800.2 (a) VC – Evading a peace officer with disregard for safety, 23103 (a) VC – Reckless driving, 22450 (a) VC – Failing to stop at stop sign, and 22349 (b) VC – Exceeding 55 on a two-lane road.
• During March, the Ione Police Department handled the
following new Investigations:
1 – Burglary
2 – Mental Health Holds
2 – Traffic investigations
3 – Driving Under the Influence
1 – Traffic Accident
1 – Vehicle Pursuit
17 – Incident Investigations
1 – Violation of a Court Order
2 – Domestic Violence
3 – Drunk in Public
4 – Theft
3 – Fraud Investigations
Agenda Item #J1

CITY OF IONE COUNCIL SPECIAL MEETING MINUTES
Meeting of January 21, 2025
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
Josh Varinsky, City Attorney
Janice Traverso, City Clerk
B. MAYOR RHOADES LED THE PLEDGE OF ALLEGIANCE
C. PUBLIC COMMENT:

Elmer Rhode asked:
• Why is the City is no longer taking public comment on Zoom. • Would like an update on the Castle Oaks Golf Course.

D. CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION:

Government Code 54956.9(d)(1)
Tollett v. City of Ione (Amador County Superior Court – Case N.23CV 13332)

2. PUBLIC EMPLOYMENT:

Government Code 54957
Title: City Manager

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
1000 Castle Oaks Drive (APN: 005-320-034),1230 Shakeley Lane (005-320-037) Agency Negotiator: George Lee
Negotiating Parties: Hahn Family Foundation
Under Negotiation: Price and Terms of Payment

4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION:

Significant exposure to litigation pursuant to Government Code 54956.9(d)(2): 1 Case

D. REPORT OUT OF CLOSED SESSION:

1. City Council authorized a Settlement Agreement.

AYES: Rhoades, Atlan, LaFayne, Mitchell
NOES: None
ABSENT: None
ABSTAIN: Maita
Agenda Item #J1

2. Direction given to staff.

3. Direction given to staff.

4. Direction given to staff.

F. ADJOURNMENT:

It was moved by Vice Mayor Maita, seconded by Councilmember Mitchell and carried to adjourn.

Respectfully submitted,
Janice Traverso
City Clerk
Agenda Item #J1

CITY OF IONE COUNCIL MEETING MINUTES

ACTION MINUTES
February 4, 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
Jack Mitchell, Councilmember

Absent: Alison LaFayne
Staff: George Lee, City Manager
Zach Varinsky, City Attorney
Janice Traverso, City Clerk

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

It was moved by Councilmember Mitchell, seconded by Mayor Rhoades and carried to approve the agenda.

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

D. PRESENTATIONS/ANNOUNCEMENTS:
• Ken Mackey, Fire Chief – Report on Recent Deployment
-Thanked the Council for approving the purchase of the Wildland Engine -January 8, 2025 – January 22, 2025 crews from the City of Ione were dispatched on three different fires in Southern California. Fire Chief thanked the firefighters who were on the recent deployment and the firefighters who stayed behind to run the department.
• Ken Mackey, Fire Chief presented the following firefighters with the department’s Challenger Coin:
- Kenny Mackey
- Ruben Trejo
- Cody Bennett
- Anthony Vasquez
- Billy Phoo
- Summer Narcucci
E. PUBLIC COMMENT:

Amanda Fisher-Naranjo – commented on her past experiences with sewer backups in the driveway, yard and into the house over the past 5 years at her property at 415 Shakeley Lane. I have had a plumber out 10 times in the last 2 years.

Agenda Item #J1
I was told every time that our line goes to old pipes owned by the City, and that our line is also connected to three or four other homes on Shakeley Lane. I have spent thousands of dollars and still have the same problem. I am requesting that the City make this a priority and have it fixed immediately.

Jim Scully, reviewed with Council a recent letter received from the Regional Water Board:
• The submittal indicates that COGC has an “overflow” from one of the recycled water holding ponds into Mule Creek. This is an unpermitted discharge and cannot be used as part of the water balance. • In addition, the recycled water remaining in Lake 1 at the end of the irrigation season is diluted with 1.2 million gallons of potable water. Golf Course staff reported that this practice was developed in partnership with the California Department of Health Service to minimize the potential discharge of recycled water to surface waters. This practice has not been permitted by the Department of Health Services or the Central Valley Water Board. • The Ione Tertiary Treatment Plant or Castle Oaks Water Reclamation Facility currently does not have an approved Title 22 Report. The current discharge of Tertiary effluent to COGC is not permitted nor consistent with Central Valley Water Board and DDW policies.
• The unpermitted discharge from Lake 1 to Mule Creek must cease, and the discharger must take necessary steps to permit the discharge or ensure it does not occur in the future.

James Marzano spoke in support of Amanda Fisher-Naranjo and her sewer spill at 415 Shakeley Lane. Mr. Marzano presented several pictures which showed that the sewer line is more than 3 feet deep and feels it is more than just the City’s main. I trust the City Council and hope they will fix the situation.

Larry Rhoades commented on the letter Jim Scully’s discussed previously. I would like to know which hydrant the 1.2 million gallons came from and who paid for it.

Andy Aguilera:
• I hope that the City would pay for the sewer problem that Ms. Naranjo is having at 415 Shakeley Lane.
• Hope that the situation with the Golf Course ends soon because it has been going on long enough, and the City does not have the money.
• Would like an update on the money owed by previous renter of the horse arena.

Patrice Prest, asked for a copy of the City’s financials to see where the restricted and unrestricted funds are since the City has not had an audit since 2020.

F. INFORMATION ITEMS: Information item only.

1. Police Department December 2024 Report

2. Police Department 2024 Year in Review Report

3. Building Department 2024 Year in Review Report
Agenda Item #J1
G. CONSENT CALENDAR:

1. Minutes of November 19, 2024 – Councilmember Atlan asked that the November 19, 2024 minutes be pulled and brought back at a later date after he discusses them with the City Attorney or the City Manager.

MOTION: Moved by Councilmember Atlan, seconded by Vice Mayor Maita and carried to approve the following:

2. Minutes of December 3, 2024 December 17, 2024
a. (If requested by the Council) Report on review of Agenda Items J.2. and vote count for approval of West Yost Task Orders.

3. Warrants – February 4, 2025
AYES: Rhoades, Maita, Atlan, Mitchell
NOES: None
ABSENT: LaFayne
ABSTAIN: None
H. PUBLIC HEARING: None

I. REGULAR AGENDA:

1. Release of Funds Requested by Axios Homes regarding Ione Elementary School Access Road – Last year the Amador Unified School District, the City of Ione and Axios Homes came to a resolution of the construction of the access road adjacent to Ione Elementary School. As part of the original agreement, ACUSD gave the City a check in the amount of $488,051.91 including accrued interested. The original amount of $380,000 was given to ACUSD by the original developers of Wildflower, Ryland Homes, Axios Homes has completed 72% of the access road and is now request reimbursement of $350,000 of the funds currently held by the City.

MOTION: Moved by Councilmember Mitchell, seconded by Councilmember Atlan and carried to release the funds requested by Axios Homes regarding Ione Elementary School Access Road.

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

2. Approval of Basketball Courts at Perry Earl Park and Necessary Budget Appropriation – Salina Mitchell, Park & Recreation Department explained that a donation of $20,000 was made by Mule Creek Prison, for the addition of basketball courts at Perry Earl Park. The fiscal impact to the City will be $41,000.

MOTION: Moved by Councilmember Atlan, seconded by Vice Mayor Maita to Approve funding of the new basketball courts.

AYES: Rhoades, Maita, Atlan, Mitchell
NOES: None
ABSENT: LaFayne
ABSTAIN: None
Agenda Item #J1

3. Amador Regional Sanitation Authority (ARSA) Update - Andrea Bonham, Management Analyst - The City of Ione and ARSA met several times in 2024 to address outstanding invoices for wastewater treatment services from January 1, 2022 to July 1, 2024.

On July 17th, 2024 a settlement agreement was reached and a “Letter Agreement to Settle Outstanding Invoices” was drafted. The “Letter Agreement” was signed by the Ione City Manager on September 6, 2024.

The billing to ARSA is specified in the “First Implementation and Mediation Settlement Agreement” executed May 6, 2016 and is summarized below. • ARSA responsible for 46% cost of annual operation and maintenance ($204,284 per agreement) $93,970.64
• Less ¼ difference of Portlock payment $16,000
• Less 2/3 of SWRCB permit paid by ARSA-Amount determined yearly when permit is received
• Less acre feet not taken – Ione committed to 300 acre feet from ARSA-Sutter Creek when available - amount determined yearly (calendar year, per “Letter Agreement”)
UPDATE:

Per the “First Implementation and Mediation Settlement Agreement” the City of Ione invoices ARSA-Sutter Creek on a quarterly basis. The City of Ione billed July 2024 thru September 2024 on October 22, 2024. The total invoice of $19,492.66 was paid on November 22, 2024. This invoice did not include a credit for the SWRCB permit (not yet received) or water flow credits (determined at end of calendar year).

Adjusted quarterly billing for October 2024 – December 2024:
• $19,492.66 – quarterly invoice amount
• -$21,670 – 2/3 reduction for SWRCB permit paid by ARSA • -$11,557 – Credit for acre feet not taken January 1 – December 31 • Adjusted October – December 2024 - -$13,734.34 (credit) • January – March invoice $19,492.66 invoice less credit of $13,734.34 = $5,758.32
• April – May invoice - $19,492.66
• Fiscal year 2024-2025 total ARSA payments to the City will be $44,743.64

4. Consideration and Discussion of New Policy for Audio/Video Recordings of Closed Session Meetings – At the January 7, 2025 City Council meeting, the Council expressed interest in audio/video recording of Closed Sessions and directed legal counsel to prepare a policy for further review. Closed Sessions are confidential meetings of the City Council which are not open to the public and are held to discuss sensitive topics such legal issues, public safety, negotiation Agenda Item #J1
positions, and employment matters.

DIRECTION: After discussion by Council, the item was tabled. The City Attorney will bring this item back with more information on impacts to staff and details on the implementation process.

5. Discussion/Action on Capital Needs Update/Sand Filter – Wastewater Treatment Plant – Justin Granados, Wastewater Operation gave an overview of current Sand Filter Operations. Our sand filters process between 500,000 and 900,000 gallons of water per day with peak flows reaching 1 million gallons daily during the hottest summer months. The filtration process begins as water enters beneath the sand filter structure making its way up through the sand. Compressed air keeps the sand in motion, allowing it to pass through fiberglass hoods before rolling back down to the filter bed, ready to treat more reclaimed water. The quote to replace the sand filters before COVID was $3,000,000 and our quote is $617,000.

MOTION: Moved by Councilmember Atlan, seconded by Vice Mayor Maita and carried to approve funding of the sand filters providing that the City Attorney says that it is eligible for the funding.

AYES: Rhoades, Maita, Atlan, Mitchell
NOES: None
ABSENT: LaFayne
ABSTAIN: None
J. REPORTS AND COMMUNICATIONS FROM CITY ATTORNEY: None
K. REPORTS AND COMMUNICATIONS FROM CITY MANAGER:
• Michael Ormsby, Finance gave an update the Finance Department. -Revenues have dropped, which puts us in a bad place. We are looking at ways to increase our revenues
-Working on the 2020/2021 Audit and hope to have it done before the current auditor’s contract expires June 30, 2025.

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

Councilmember Atlan:
• Would like an update on the annexation of Brickyard Road so we can move forward
Vice Mayor Maita:
• Read a statement: I ran for Council with the goal to bring respect back to the Council and earn the respect of the citizens again. The comments on Social Media that make other Councilmembers look bad is disgusting.

The Councilmembers don’t always have to agree or even like each other but must do the work of our entire City and our residents and do it the work rationally, honestly, openly and without the ongoing hostility. I am challenging all Councilmembers to join me in doing this.

Agenda Item #J1
Mayor Rhoades:
• Read a statement about false information on Social Media • Allegations of calling a Special Meeting, so certain Councilmembers cannot attend. This is false—the Special Meeting was called so a Senior Member partner who could not attend, was able to attend. • Working on an amendment to the Sewer Ordinance that homeowners will not be responsible for their laterals.
• Would like Councilmembers to put aside their personal agendas and focus on the needs of the City.

Justin Granados commented that the situation at 415 Shakeley Lane was unfortunate. The City policy regarding spills is we are not responsible for reporting or cleaning up until the wastewater touches City property. But if someone decides to submit their own hazard material report, we have to contact the Environmental Health Department and now it becomes a bigger issue than it needs to be. That night I was trying to comfort the homeowner, trying to do my job while other were critizing and giving their input.

In the 60’s when homes were switched from septic system to the City sewer, developers tied multiple homes into one sewer line. A map was presented that was done 10 years ago showing all the flaws in the sewer system. Council asked that this item be brought back at next Council meeting for further discussion.

M. ADJOURNMENT:

Mayor Rhoades adjourned meeting at 7:55 p.m.

Respectfully submitted,
Janice Traverso
City Clerk
Agenda Item #J2

Agenda Item #L4
DATE: APRIL 15, 2025
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GEORGE LEE, CITY MANAGER & KATHRYN GIES OF WEST YOST SUBJECT: AUTHORIZE ADDITIONAL FUNDS TO WEST YOST ASSOCIATES RELATED TO TASK ORDER FOR TITLE 22 REPORT
RECOMMENDED ACTION:

Authorize City Manager to Approve an Amendment to West Yost Task Order 1, Additional Funds for Tracer Study Re-Test for an amount of $17,650.

BACKGROUND:

West Yost Associates completed Tracer Testing on the Castle Oaks Water Reclamation Facility Chlorine Contact Tank between April 2 and April 4, 2025. During the final test on April 4, 2025 it was revealed that there was a severely damaged gasket on the mud valve in the second tank, as well as deteriorated rubber gaskets on the slide gates. These failures caused the tank to lose water, which is not acceptable for the tracer test.

For this reason, the testing must be completed again. The proposed amendment covers all costs associated with the testing.

FISCAL IMPACT: $17,650
ATTACHMENTS:

None.

Agenda Item #L5
DATE: APRIL 15, 2025
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GEORGE LEE, CITY MANAGER
SUBJECT: APPROVAL AND AUTHORIZATION TO EXECUTE PROFESSIONAL

SERVICES AGREEMENT WITH RRM DESIGN GROUP FOR HOWARD

PARK MASTER PLAN ASSET AND CAPITAL IMPROVEMENT PLAN
RECOMMENDED ACTION:

Approve City Manager to sign contract with RRM for Master Plan Services for Howard Park Capital Improvement Project.

FISCAL IMPACT:

None.

BACKGROUND:

During the March 18th Council Meeting, Council approved negotiating a contract with RRM for Master Plan services for a Howard Park Capital Improvement Project. Staff has met with and completed negotiations with RRM.

ATTACHMENTS:

A. RRM Proposed Services
B. RRM Contract
Howard Park Master Plan Asset
and Capital Improvement Plan Proposed Scope of Services

SCOPE OF SERVICES
Task 1: Project Coordination
RRM’s project manager will coordinate with the City to manage the overall project. This will include maintenance of the project schedule, general correspondence with the City’s project manager, progress updates, preparation of monthly progress reports and monthly progress payments, coordination and preparation of meetings and materials, and miscellaneous administrative tasks that are necessary for project delivery.

Deliverables:
• Email coordination with Client team throughout the course of the initial contract Task 2: Data Collection and Analysis
Subtask 2.A: Kickoff Meeting and Site Tour
RRM’s project manager and key team members will participate in one in-person kickoff meeting with the City Manager and site tour. The primary aim of this meeting is to clarify the City's project expectations, objectives, critical concerns, existing documentation, and project timeline.

Following the meeting, RRM will furnish the City with meeting notes as part of the follow-up process.

Deliverables:
• Prepare for and attend one (1) kickoff meeting and site tour in person • Meeting notes
• Site visit to review site conditions
• Site notes
Subtask 2.B: Data Gathering and Background Document Review/Site Analysis RRM will review pertinent background information and data supplied by the City, extracting useful insights beneficial for the site design. RRM will perform a site reconnaissance as part of the kickoff meeting and site tour to assess the current site conditions and present the City with findings, including site constraints and opportunities.

Deliverables:
• Collect and review existing information (provided by City) • Evaluation of existing park facilities and site infrastructure Attachment #L5A
Howard Park Master Plan Asset and Capital Improvement Plan Scope of Services

Subtask 2.C: Base Map
Utilizing the information provided by the City and/or their surveying consultant, RRM will prepare a base map in AutoCAD to use as an underlay for the design work. Assumption:
existing information provided will be sufficient topography for design at the master planning level.

Deliverables:
• Base plan (AutoCAD)
Task 3: Conceptual Design
Subtask 3.A: Draft Master Plan
Based on site findings and information gathered at the kick-off meeting, RRM will develop a draft master plan. The draft master plan will be a single plan in black and white, including annotations of existing and proposed improvements. Circulation, parking, and fencing will be clearly delineated in the draft master plan. We will also prepare a board of supporting character images/photos to communicate the design intent. RRM will meet with the City Manager virtually to review the plan and obtain feedback to incorporate into the final master plan.

Deliverables:
• Draft Master Plan in black & white (PDF format)
• Supporting character images board (PDF format)
• Virtual meeting to present Draft Master Plan
Subtask 3.B: Final Master Plan
Based on feedback received by the City, RRM will develop a final master plan, which will be a single plan in color, including annotations of existing and proposed improvements. Circulation, parking, and fencing will be clearly delineated in the final master plan. We will also update the board of supporting character images/photos to communicate the final design intent. RRM will meet with the City Manager virtually to review the plan and obtain feedback. Based on the City Manager’s feedback, we will make minor updates to the final master plan.

Deliverables:
• Final Master Plan in color (PDF format)
• Update supporting character images board (PDF format) • Virtual meeting to present Final Master Plan
• Minor updates to Final Master Plan
Howard Park Master Plan Asset and Capital Improvement Plan Scope of Services

Subtask 3.C: Perspective Renderings
Based on the final master plan, RRM will prepare two perspective renderings of two different park views to communicate the proposed park improvements. RRM will share proposed viewpoints with the City Manager to confirm before starting the renderings.

Deliverables:
• Two perspective renderings
Task 4: Capital Improvement Plan
Subtask 4.A: Draft Capital Improvement Plan
Upon request by City, RRM will prepare a CIP summarizing the design process and next steps.

The design process summary will include existing conditions, site analysis, the draft master plan and feedback received, the final master plan and feedback received, and the perspective renderings. RRM will prepare a preliminary opinion of cost based on the final master plan. The cost analysis will be organized by area to help the City prioritize and phase improvements. With City input and prioritized criteria, RRM will prepare a phasing plan with corresponding tables identifying each phase, detailed list of improvements, opinion of costs, as well as potential funding sources for short- and long-range projects.

Deliverables:
• Draft Capital Improvement Plan
• Preliminary opinion of costs
• Phasing plan
Subtask 4.B: Final Master Plan Report
Following one round of review by the City Manager, RRM will update and finalize the CIP and issue the final draft to the City. RRM assumes all City comments will be consolidated into one document prior to submittal to RRM. The final CIP will be issued in digital format.

Deliverables:
• One (1) final CIP document
Task 5: Optional Tasks
Subtask 5.A: Public Hearing
Upon request by City, RRM will present the final master plan to City Council at an in-person meeting. We will prepare a PowerPoint presentation including existing site conditions, the design process steps, the final master plan and renderings, as well as next steps.

Deliverables:
• One (1) presentation to City Council
Howard Park Master Plan Asset and Capital Improvement Plan Scope of Services

Subtask 5.B: Additional Meetings
Upon request by City, RRM will attend up to two extra meetings in addition to those listed above. Additional meetings may include meetings with the City Manager and/or community members.

Deliverables:
• Up to two (2) additional meetings
Task 1: Project Coordination FEE
TYPE
Task 1: Project Coordination FF $ 5,628
Task 1 Value: $ 5,628
Task 2: Data Collection and Analysis FEE
TYPE
Subtask 2.A: Kickoff Meeting and Site Tour FF $ 4,228
Subtask 2.B: Data Gathering and Background Document Review/Site Analysis FF $ 4,228 Subtask 2.C: Base Map FF $ 912
Task 2 Value: $ 9,368
Task 3: Conceptual Design FEE
TYPE
Subtask 3.A: Draft Master Plan FF $ 14,396
Subtask 3.B: Final Master Plan FF $ 12,630
Subtask 3.C: Perspective Renderings FF $ 10,592
Task 3 Value: $ 37,618
Task 4: Capital Improvement Plan FEE
TYPE
Subtask 4.A: Draft Capital Improvement Plan FF $ 23,048 Subtask 4.B: Final Capital Improvement Plan FF $ 3,664
Task 4 Value: $ 26,712
$ 79,326
$ 500
$ 79,826
Task 5: Optional Tasks FEE
TYPE
Subtask 5.A: Public Hearing FF $ 5,726
Subtask 5.B: Additional Meetings FF $ 1,568
Task 5 Value: $ 7,294
$ 87,120
A. Fixed fee tasks will be billed as the work progresses until the task is completed and the total amount stated in the contract for the task is invoiced.

Reimbursable Expenses
Incidental expenses incurred by RRM Design Group or any subconsultant it may hire to perform services for this project are reimbursed by the client at actual cost plus 10% to cover its overhead and administrative expenses.

Adjustment to Hourly Billing Rates
RRM reserves the right to adjust hourly rates on an annual basis.

Estimated Project Total with Optional Tasks
Subtotal
Estimated Project Total
Reimbursable Expenses
Howard Park Master Plan Asset & Capital Improvement Plan Fee Schedule
02/27/2025
Exhibit A-1
General Provisions and Conditions
The following are the terms and conditions under which RRM Design Group agrees to provide professional services to Client. This Exhibit is intended to supplement the Prime Agreement to which it is attached, and together with any other attached exhibits and/or schedules shall comprise the complete agreement (the "Agreement"). Capitalized terms not defined herein shall have the meaning ascribed to them in the Agreement. In the event of an inconsistency between this Exhibit and the Agreement, the terms and conditions of this Exhibit shall govern.

EMPLOYEE RATES (HOURLY).

Unless otherwise agreed in advance, the fees for professional services performed by RRM Design Group shall be performed on a time and materials basis at RRM Design Group's thencurrent rates for such work. Schedule 1 attached hereto and incorporated by this reference sets forth a description of RRM Design Group's standard hourly rates for its employees as of the date of this Agreement. Hourly rates may vary according to employee experience and proficiency. Hourly rates for expert witness services or depositions shall be subject to a premium of 2x the standard hourly rate. Overtime for nonexempt employees, if requested by Client, shall be charged at

1.25x the standard hourly rate.

SUBCONSULTANT EXPENSES.

The fee for subconsultants of RRM Design Group shall be actual cost plus 10% to cover RRM Design Group's overhead and administrative expenses. Typical subconsultants may include, but are not limited to:

Structural Engineer, Irrigation Consultant, Geotechnical Consultant, Mechanical Engineer, Cost Estimator,
Archaeological Consultant, Electrical Engineer, Soils
Consultant, Traffic Consultant
RRM Design Group shall not be responsible or liable for subconsultants’ data, interpretations, and/or
recommendations.

REIMBURSABLE EXPENSES.

Clients shall reimburse RRM Design Group for all incidental expenses incurred by RRM Design Group, or any
subconsultant it may hire to perform services for the Project, at actual cost plus 10% to cover its overhead and
administrative expenses.

Reimbursable expenses shall include, but are not limited to, reproduction costs, postage, shipping and handling of
drawings and documents, long distance communications, fees paid to authorities having jurisdiction over the Project, the expense of any additional insurance requested by Client in excess of that normally carried by RRM Design Group or by its subconsultants, travel expenses
(transportation/automobile/lodging/meals), renderings, and models. Reimbursable automobile travel mileage will be billed at the then-current IRS business standard mileage rate.

RRM DESIGN GROUP REPRODUCTIONS.

Photocopies shall be charged at a rate of $.20 per copy. All other types of RRM Design Group reproductions including, but not limited to, blueprinting, process camera, typesetting, printing, and plotting, shall be billed at RRM Design Group's internal price sheet or, in the case of work sent to outside vendors, at the local vendor’s current rate plus 10% to cover RRM Design Group's overhead and administrative expenses.

FEES AND PAYMENTS.

Fees for employee rates, subconsultant expenses,
reimbursable expenses, and RRM Design Group reproductions shall be billed to Client on an "as-performed basis," unless otherwise agreed by the parties in advance. PAYMENT SHALL BE DUE AND PAYABLE UPON PRESENTATION. In order to
defray carrying charges resulting from delayed payments, a finance charge at 1.5% (or the maximum rate allowed by law, whichever is less) per month shall be added to the unpaid balance after thirty (30) days from the date of RRM Design Group’s invoice. RRM Design Group, without any liability to Client, reserves the right to withhold services and work product pending payment of Client's outstanding
indebtedness or advance payment as required by RRM Design Group.

ADVANCE PAYMENT.

RRM Design Group reserves the right, from time to time, to require payment in advance for work estimated to be done during a given billing period.

COMMENCEMENT OF WORK.

RRM Design Group’s work will commence immediately upon
receipt of Client's retainer and/or a notice to proceed signed by Client. If notice to proceed is delayed beyond thirty (30) days, it is understood that the terms and conditions of this Agreement are subject to revision.

TERMINATION OR SUSPENSION.

Either party may terminate or suspend this Agreement upon seven (7) days prior written notice if the other party
materially breaches or fails to perform any provision of this Agreement and fails within seven (7) days after receipt of written notice from the non-breaching party to commence, Exhibit A-1

and continue, correction of such breach with diligence and promptness. Failure of Client to make payments to RRM
Design Group when due in accordance with this Agreement shall constitute a material breach of this Agreement and cause for termination or, at RRM Design Group's option, cause for suspension of performance of services. In the event of a suspension or termination of services as a result of Client's failure to pay, RRM Design Group shall have no further obligation or liability for loss or damage incurred by Client, including, but not limited to, damage caused by delay, loss of agency approvals, loss of financing, or interest expenses, because of such suspension or termination of
service. Before resuming services, RRM Design Group shall be paid all sums due prior to suspension and any expenses
incurred in the interruption and resumption of RRM Design Group's services. RRM Design Group's fees for the remaining services and the time schedules shall be adjusted equitably by RRM Design Group.

Group shall be entitled to immediately, and without notice, suspend the performance of any and all its obligations
pursuant to this Agreement if Client files a voluntary petition seeking relief under the United States Bankruptcy Code or if there is an involuntary petition filed against Client in the United States Bankruptcy Court and that petition is not dismissed within fifteen (15) days of its filing. Any suspension of services made pursuant to the provisions of this paragraph shall continue until such time as this Agreement had been fully and properly assumed in accordance with the applicable provisions of the United States Bankruptcy Code and in
compliance with the final order or judgment issued by the Bankruptcy Court. If the suspension of services continues for a period in excess of ninety (90) days, RRM Design Group shall have the right to terminate all services pursuant to this Agreement.

ADDITIONAL SERVICES.

Client agrees that if Client requests services not specified in the scope of services described in this Agreement, Client will pay for all such additional services on a time and materials basis as extra services in accordance with the Employee Rates and Subconsultant Expenses described above, and any other provisions of this Agreement. Client agrees to reimburse RRM Design Group at its then-current standard rates for any unreimbursed costs it incurs to comply with any request or subpoena by any attorney, legal authority, agency, or court of law to provide records, testimony, depositions, or any other form of information related to any legal action involving Client in which RRM Design Group is not a named party.

ADDITIONAL DOCUMENTS.

RRM Design Group shall not be required to execute any
document subsequent to the signing of this Agreement that might in any way, in the judgment of RRM Design Group,
breach RRM Design Group's contractual or legal obligations or put at risk the availability or costs of its professional (if any) or general liability insurance.

LIMITATION OF LIABILITY.

RRM Design Group’s liability for damages arising from any claimed error, omission or other professional negligence shall be limited to $25,000 or the fee to be paid by Client for the scope of work described in this agreement, whichever is greater. At Client’s election, RRM Design Group will waive this limitation of liability in consideration of the payment by Client of the greater of
$500.00 or 10% of the estimated (or agreed upon) cost of the scope of work described in this Agreement. This provision shall apply to all work performed by RRM Design Group, and its employees, agents, retained consultants, subconsultants, subcontractors, affiliates and representatives in connection with this Agreement, whether or not the entire scope of such work is described herein. Client’s fee for such waiver shall be payable in full within seven (7) days after execution of this agreement. Failure to remit payment within such period shall render null and void Client’s election to purchase such waiver of limitation. CLIENT’S ELECTION TO PURCHASE A WAIVER OF

LIMITATION OF LIABILITY SHOULD BE INDICATED BY
INITIALING HERE: .

THE PARTIES FURTHER AGREE THAT, TO THE FULLEST EXTENT

PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE

OTHER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR
PUNITIVE DAMAGES.

INDEMNIFICATION.

To the maximum extent permissible by law, Client shall
indemnify, defend, and hold harmless RRM Design Group and its officers, directors, shareholders, partners, managers, members, employees, agents, retained consultants,
subconsultants, subcontractors, affiliates and representatives from and against any and all claims, demands, obligations, actions, suits, procedures, costs, expenses, damages,
recoveries and deficiencies, injuries, liabilities or losses, including without limitation, interest, penalties, and
reasonable attorneys' fees and costs, that arise from or relate to (i) the negligence, omissions, operations, or
misrepresentations of Client or Client's contractors or other consultants, their respective officers, directors, shareholders, partners, managers, members, employees, agents, affiliates and representatives with respect to the Project; or (ii) the default by Client hereunder excepting only those damages, liabilities or costs to the extent caused by RRM Design Group’s negligent acts, errors or omissions, or willful misconduct as determined by a court of competent
jurisdiction.

These indemnification provisions shall survive the termination or expiration of this Agreement and shall remain in full force and effect as long as permitted by applicable statutes of limitation.

INSURANCE.

RRM Design Group shall obtain and maintain until completion of the services liability, property, and casualty insurance from a responsible insurer having minimum limits of not less than $1,000,000.00 for general liability and $1,000,000.00 for property and casualty losses for each occurrence and
workers' compensation insurance in the amount of the
statutory requirement. Client understands and acknowledges Exhibit A-1

that RRM Design Group is not obligated to provide
professional liability insurance.

TITLE.

It is understood and agreed that all calculations, drawings, reports, specifications, documents, and data developed for the Project, including drawings, reports, and data on any form of electronic media, developed for the Project (collectively, the "Project Materials") shall be and at all times remain the property of RRM Design Group, who shall be deemed the
author, and at all times shall retain all common law, statutory law, and other rights, including copyrights, whether or not the Project is completed. Client agrees to not transfer to others, use, or permit any other person to use the Project Materials, in whole or in part, for any purpose or project other than the Project, without the prior written consent of RRM Design Group, which may be withheld in RRM Design Group's
discretion. Client further agrees to waive all claims against RRM Design Group resulting in any way from any
unauthorized changes or reuse of the Project Materials for any other project by anyone other than RRM Design Group.

Upon request and payment of all costs involved, Client is entitled to a copy of all final plans and specifications for use in connection with the Project for which the plans and
specifications have been prepared. Client acknowledges that its right to utilize final plans and specifications and the services of RRM Design Group pursuant to this Agreement will continue only so long as Client is not in default, pursuant to the terms and conditions of this Agreement, and Client has performed all of its obligations under this Agreement.

CLIENT RESPONSIBILITIES.

Concurrent with the execution of the Agreement, Client shall provide RRM Design Group in writing with full information including a program setting forth Client’s design objectives, constraints, and construction budget criteria as applicable.

In addition, Client shall provide all information it has access to that relates to the site and the Project that may in any way bear upon the services of RRM Design Group hereunder,
including but not limited to, a legal description of the site, a recent site survey, a site plan, the location of utilities and underground structures at the site, previous technical
reports, and any previous environmental assessments and/or audits.

At its sole expense, Client shall obtain all necessary
authorizations and permits to allow RRM Design Group to have access to the site at reasonable times throughout its performance of this Agreement. RRM Design Group will take reasonable precautions to minimize damage to the site, but unavoidable damage or alteration may occur and Client
agrees to assume sole responsibility for the same. Client agrees to assume sole responsibility for damages due to RRM Design Group’s interference with subterranean structures, such as pipes, tanks, and utility lines, that are not correctly shown on the documents provided to RRM Design Group by
Client or any third party.

Client further agrees that to the extent work on an existing site or facility requires RRM Design Group to make certain assumptions regarding existing conditions, and because some of these assumptions may not be verifiable without
expending additional sums of money or destroying otherwise adequate or serviceable portion of the job site or facility, RRM Design Group may not be able to obtain complete
information about existing conditions. To the maximum
extent permissible by law, Client shall indemnify, defend and hold harmless RRM Design Group and its officers, directors, shareholders, partners, managers, members, employees,
agents, retained consultants, subconsultants, subcontractors, affiliates and representatives from and against any and all claims, demands, obligations, actions, suits, procedures, costs, expenses, damages, recoveries and deficiencies,
injuries, liabilities or losses, including without limitation, interest, penalties, and reasonable attorneys' fees and costs, that arise from or relate to site conditions of which RRM Design Group has not been adequately informed.

Client shall furnish all legal, accounting, and insurance counseling services as may be necessary at any time for the Project, including auditing services Client may require to verify the contractor’s applications for payment or to
ascertain how or for what purposes the contractor uses the moneys paid by Client. The information above shall be
furnished at Client’s expense and RRM Design Group shall be entitled to rely upon the accuracy and completeness thereof.

If Client observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with this
Agreement, prompt written notice shall be given by Client to RRM Design Group.

Client shall furnish information and shall review RRM Design Group work and provide decisions as expeditiously as
necessary for the orderly progress of the Project and of RRM Design Group’s services.

Client understands and acknowledges that if the scope of services includes RRM Design Group's assistance in applying for governmental permits or approvals, RRM Design Group's assistance shall not constitute a representation, warranty, or guaranty that such permits or approvals will be acted upon favorably by any governmental agency or be the only permits or approvals required for the Project.

STANDARD OF PERFORMANCE.

The standard of care for all professional and related services performed or furnished by RRM Design Group under this
Agreement shall be in accordance with generally accepted professional practice in the same or similar localities at the time the services are performed. RRM Design Group makes no warranties, express or implied, under this Agreement or otherwise in connection with RRM Design Group's services.

Client acknowledges that changes to this Project inevitably will be required as a result of minor omissions, ambiguities, or inconsistencies in the plans and specifications, and therefore Client agrees to make no claim against RRM Design Group with respect to claims by the Project's contractors or others as a result of such omissions, ambiguities, or inconsistencies.

Exhibit A-1

OPINION OF PROBABLE COST.

Any evaluation of Client's budget for the Project, preliminary estimates or updated estimates of probable cost prepared by RRM Design Group represent RRM Design Group's opinion as an experienced and qualified professional generally familiar with the industry. It is recognized, however, that neither RRM Design Group nor Client has control over the cost of labor, materials, equipment, or services provided by others or over competitive bidding, market, or negotiating conditions.

Accordingly, RRM Design Group cannot and does not warrant or represent that bids or negotiated prices will not vary from Client's budget for the Project or any estimate or evaluation prepared or agreed to by RRM Design Group.

HAZARDOUS ENVIRONMENTAL CONDITION.

Client acknowledges that RRM Design Group's scope of
services for this Project does not include any services related in any way to asbestos, PCB's, petroleum and/or hazardous or toxic materials (collectively, "Hazardous Materials"). Should RRM Design Group or any other party encounter any
Hazardous Materials on the job site, or should it in any other way become known that Hazardous Materials are present or may be present on the job site or any adjacent or nearby areas which may affect RRM Design Group's services, RRM Design Group may, at its option, suspend or terminate work on the Project until Client: (i) retains a qualified contractor to abate and/or remove the Hazardous Materials; and (ii)
warrants that the job site is free from any Hazardous
Materials and is in full compliance with applicable laws and regulations. If no such action is taken by Client, RRM Design Group may terminate the Agreement. To the maximum
extent permissible by law, Client further agrees to indemnify, defend and hold harmless RRM Design Group, its officers, directors, shareholders, partners, managers, members,
employees, agents, retained consultants, subconsultants, subcontractors, affiliates and representatives from and against any and all claims, demands, obligations, actions, suits, procedures, costs, expenses, damages, recoveries and deficiencies, injuries, liabilities or losses, including without limitation, interest, penalties, and reasonable attorneys' fees and costs, that arise from or relate to any Hazardous
Materials-related claims that may be brought by third parties.

ARBITRATION.

Any controversy arising out of or pertaining to this contract, or its scope, interpretation, application, enforcement, or alleged breach, shall be resolved through binding arbitration.

Unless otherwise agreed by the parties, the arbitration shall be conducted in the County of San Luis Obispo, California, before a neutral arbitrator who is either a retired judge or an attorney licensed in California with a minimum of ten years’ litigation experience. The arbitration proceedings shall be conducted in accordance with the rules of California Code of Civil Procedure §§ 1280 through 1294.2 and any successor provisions thereto, or any other rules the parties mutually agreed upon in writing. Any award of the arbitrator may be entered as a judgment in any court having jurisdiction. The parties understand that the results of the arbitration shall be binding upon them, and that they are waiving their rights to a trial by jury.

Either party may demand arbitration of any dispute by
providing the other party with written notice of the claim, the basis therefor, and the name of a proposed arbitrator. Within ten (10) days of receipt of notice of a demand for arbitration, the recipient of said notice shall provide written notice to the other party of its response to said claim, the basis therefor, and either accepting the proposed arbitrator or providing the name of an alternative arbitrator. If the parties cannot mutually agree on a proposed arbitrator, either party may apply to the superior court for appointment of an arbitrator.

The parties shall share equally all initial costs of arbitration.

The prevailing party shall be entitled to reimbursement of attorneys’ fees, costs, and expenses incurred in connection with the arbitration.

LIENS.

This Agreement shall not be construed to alter, affect, or waive any design professional's lien, mechanic's lien, or stop notice right which RRM Design Group may have for the
performance of services pursuant to this Agreement.

Concurrent with Client's execution of the Agreement and from time to time thereafter as appropriate, Client shall provide in writing to RRM Design Group (i) the present name and address of the record owner of the property upon which the Project is located; (ii) the name and address of any and all lenders who may loan money on the Project and/or who are entitled to receive a preliminary notice.

SUCCESSORS AND ASSIGNS.

All of the terms, conditions, and provisions of this Agreement shall inure to the benefit of and be binding upon Client, RRM Design Group, and their respective successors and assigns provided, however, that no assignment of this Agreement shall be made without the written consent of the parties to this Agreement.

FORCE MAJEURE.

RRM Design Group is not responsible, and shall not be
deemed in default, for delay caused by activities or factors beyond RRM Design Group's reasonable control, including, but not limited to, delays by reason of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of Client to furnish timely information or to approve or
disapprove of RRM Design Group's services promptly, or
faulty performance by Client or other contractors or
governmental agencies. To the extent such delays cause RRM Design Group to perform extra services, such services shall be paid for solely by Client in accordance with the terms of this Agreement.

OTHER PROVISIONS.

This Agreement together with the Prime Agreement
represents the entire agreement between RRM Design Group and Client and supersedes all prior negotiations,
representations, or agreements, either written or oral. This Agreement may be amended only by written instrument
signed by both RRM Design Group and Client. All rights and remedies conferred under this Agreement or by any other instrument or law shall be cumulative and may be exercised singularly or concurrently. Failure by either party to enforce Exhibit
A-1

any contract term shall not be deemed a waiver of future enforcement of that or any other term. If any term, provision, covenant or condition of this Agreement, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect. Any notice, request,
authorization, direction, or other communication under this Agreement shall be given in writing and delivered in person or by certified or first-class United States mail, properly addressed and stamped with the required postage to the
intended recipient. The parties agree that they will execute such other instruments and documents as are or may become necessary or convenient to carry out the intent and purposes of this Agreement. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or
neuter, singular or plural, as the identity of the person, persons or entities may require. All headings in this
Agreement are inserted only for convenience and ease of reference, and are not to be considered in the construction or interpretation of any provision of this Agreement. Each individual executing this Agreement on behalf of a party hereto, by his or her signature, represents that he or she maintains full authority on behalf of the applicable party to execute this Agreement, and thereby bind the applicable party to all covenants, duties and obligations contained herein. This Agreement shall be construed as a whole,
according to its fair meaning, and not in favor of or against any party. By way of example and not limitation, this
Agreement shall not be construed against the party
responsible for any language in this Agreement. The failure of either party, whether purposeful or otherwise, to exercise in any instance any right, power or privilege under this
Agreement or under law shall not constitute a waiver of any other right, power or privilege, nor of the same right, power or privilege in any other instance. Any waiver by RRM Design Group must be in writing and signed by an authorized
representative of RRM Design Group. Time is agreed to be of the essence with respect to this Agreement.

Exhibit A-1 Schedule 1
Bill Rate Ranges
Subject to change effective March 1st each year

ARCHITECTURE INTERIOR DESIGN
Intern $ 54 - $ 91 Designer I - INT $ 74 - $ 111
Designer I - ARCH $ 83 - $ 111 Designer II - INT $ 90 - $ 136 Designer II - ARCH $ 90 - $ 133 Interior Designer I $ 97 - $ 144 Designer III - ARCH $ 108 - $ 170 Interior Designer II $ 108 - $ 172 Job Captain - ARCH $ 108 - $ 170 Interior Designer III $ 128 - $ 194 Architect $ 114 - $ 174 Senior Interior Designer $ 138 - $ 215 Project Designer - ARCH $ 126 - $ 197
Project Architect $ 126 - $ 197 LANDSCAPE ARCHITECTURE
Project Manager - ARCH $ 131 - $ 212 Intern $ 54 - $ 91 BIM Manager - ARCH $ 132 - $ 233 Assistant Designer - LAND $ 84 - $ 119 Quality Control Manager - ARCH $ 151 - $ 255 Associate Designer - LAND $ 93 - $ 137 Senior Designer - ARCH $ 154 - $ 248 Designer- LAND $ 105 - $ 182 Senior Architect $ 154 - $ 262 Landscape Architect $ 108 - $ 175 Senior Project Manager - ARCH $ 157 - $ 269 Senior Landscape Architect $ 132 - $ 214 Associate Manager of Architecture $ 163 - $ 251 Principal Landscape Architect $ 156 - $ 252 Design Director - ARCH $ 183 - $ 309 Design Director - LAND $ 159 - $ 256 Manager of Architecture $ 189 - $ 309 Manager of Landscape Architecture $ 165 - $ 259 Director of Architecture $ 201 - $ 330 Principal $ 207 $ 371 Principal $ 207 $ 371 Managing Partner $ 220 $ 442
Managing Partner $ 220 $ 442

PLANNING
ENGINEERING Intern $ 54 - $ 91
CIVIL ENGINEERING Assistant Planner $ 98 - $ 142
Intern $ 54 - $ 91 Associate Planner $ 117 - $ 187
Designer I - CIVIL $ 77 - $ 107 Urban Designer - PLAN $ 117 - $ 187 Designer II - CIVIL $ 87 - $ 138 Senior Planner $ 148 - $ 227 Construction Inspector $ 102 - $ 192 Senior Urban Designer - PLAN $ 148 - $ 227 Associate Engineer - CIVIL $ 129 - $ 190 Supervisor of Planning & Urban Design $ 160 - $ 244 Senior Associate Engineer - CIVIL $ 146 - $ 238 Principal Planner $ 181 - $ 276 Engineer I - CIVIL $ 105 - $ 159 Manager of Planning & Urban Design $ 194 - $ 291 Engineer II - CIVIL $ 118 - $ 186 Principal $ 207 $ 371 Project Engineer - CIVIL $ 142 - $ 210 Managing Partner $ 220 $ 442 Senior Project Engineer - CIVIL $ 160 - $ 262
Project Manager - CIVIL $ 176 - $ 277 CORPORATE SERVICES Manager of Engineering Services - CIVIL $ 200 - $ 317 Administrative Assistant $ 66 - $ 108 Principal $ 207 $ 371 Administrative Coordinator $ 83 - $ 144 Managing Partner $ 220 $ 442 Office Manager $ 118 - $ 179 STRUCTURAL ENGINEERING CEO $ 276 $ 546
Intern $ 54 - $ 91 File Clerk/Administrative Support $ 62 $ 93 Drafter I $ 77 - $ 123 Marketing Assistant $ 60 - $ 91
Drafter II $ 89 - $ 139 Marketing Coordinator $ 77 $ 129 Drafter III $ 104 - $ 153 Marketing Manager $ 140 $ 262 Senior Drafter $ 125 - $ 202 Marketing Specialist $ 103 $ 172 Engineer I - STRUCT $ 101 - $ 149 Office Coordinator $ 83 - $ 144 Engineer II - STRUCT $ 119 - $ 186 Business Development & Pursuits Supervisor $ 119 $ 215 Project Engineer - STRUCT $ 142 - $ 210 Receptionist $ 62 - $ 93 Senior Project Engineer - STRUCT $ 159 - $ 261 Senior Marketing Specialist $ 118 $ 208 Project Manager - STRUCT $ 170 - $ 269
Manager of Engineering Services - STRUCT $ 193 - $ 309

SURVEYING
Survey Technician I $ 78 - $ 119
Survey Technician II $ 90 - $ 137
Survey Technician III $ 105 - $ 182
Party Chief $ 108 - $ 168
Senior Party Chief $ 135 - $ 217
Land Surveyor $ 135 - $ 203
Senior Land Surveyor $ 159 - $ 242
Supervisor of Surveying $ 171 - $ 249
Manager of Surveying $ 180 - $ 277
SURVEYING (Crew Rates)

REGULAR
One person w/ GPS or Robotic Workstation $ 175 - $ 230
Two person $ 240 - $ 390
Three person $ 320 - $ 495

PREVAILING WAGE
One person w/ GPS or Robotic Workstation $ 270 - $ 370
Two person $ 335 - $ 380
Rev 3/1/2025 Three person $ 425 - $ 610
Attachment #L5B

PROFESSIONAL SERVICES AGREEMENT
related to Howard Park Master Plan
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the CITY OF IONE, a California municipal corporation (“City”), and RRM Design Group, a California corporation (“Consultant”). City and Consultant may herein be referred to individually as a “Party” and collectively as the “Parties.” There are no other parties to this Agreement.

RECITALS
A. City requires consultant services for its Howard Park Master Plan Asset and Capital Improvement Plan project.

B. Consultant has submitted to City a scope of proposed consultant services, as further described in Exhibit A attached hereto (“Services”).

C. Consultant will perform the Services according to the rate schedule described in Exhibit A (“Rates”).

D. Consultant represents that it is qualified, willing, and able to provide the Services to City.

E. City and Consultant desire to enter into this Agreement to provide the terms for Consultant’s performance of the Services.

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

1. Consulting Services. Consultant agrees to perform the Services described in Exhibit A attached hereto. Any request for performance of services in addition to the Services described in Exhibit A will not be compensated unless the Parties agree in writing. Consultant shall not commence performance of individual projects or task orders unless authorized by City in writing.

2. Compensation. City will pay Consultant according to the Rates set forth in Exhibit A. Consultant will maintain a log of time spent on performing the Services. On a monthly basis, Consultant will provide an invoice to City, in reasonable and understandable detail, with a description of the Services rendered and in accordance with the Rates. If the work is satisfactorily completed, City will pay such invoice within thirty (30) days of receipt of the invoice. City is only obligated to pay Consultant for the Services authorized by City. Consultant shall not perform overtime or double-time work, nor will Consultant receive pay at the overtime or double-time rates, without prior written authorization from City. If City disputes any portion of any invoice, City will pay the undisputed portion within the time stated above, and at the same time inform Professional Services Agreement

4912-1794-4628, v. 3
Consultant in writing of the disputed portion. In no event will the Services exceed the Rates provided in Exhibit A, unless agreed to by City and Consultant through an amendment to this Agreement.

3. Term. This Agreement will become effective once executed by the Parties and will continue in effect until the Services provided herein have been completed (“Term”).

4. Termination. City may terminate this Agreement without cause or reason at any time, by notifying Consultant in writing of City’s desire to terminate this Agreement (“Termination Notice”). Upon receipt of a Termination Notice, Consultant shall immediately cease performing the Services. Consultant will be entitled to compensation for Services actually performed up until the date that Consultant receives the Termination Notice. Upon receipt of the Termination Notice, all documents and materials prepared on behalf of City relating to the Services will be delivered to City as soon as possible, but no later than fourteen (14) days after receipt of the Termination Notice. City may also terminate this Agreement for cause based on Consultant’s malfeasance, or the loss or suspension of any licenses, permits, or registrations required for the continued provision of the Services. If City terminates this Agreement for cause, Consultant will be liable to City for any excess costs that City incurs for completion of the Services.

5. City Request to Temporarily Suspend Services. City may, at any time and for any reason, direct Consultant in writing to temporarily suspend performance of the Services.

Consultant will not resume performance of the Services until receiving written permission from City to resume the Services.

6. Confidential Information. Consultant understands and agrees that, in the performance of Services, Consultant may have access to private or confidential information or privileged communications that may be owned or controlled by City, and that the disclosure of such information or communications may be damaging to City (“Confidential Information”).

Consultant will not, during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Consultant written authorization to make any such disclosure, Consultant will do so only within the limits of that authorization. Such authorization does not guarantee that City will grant any further disclosure of Confidential Information.

7. Performance by Key Employee. Consultant represents to City that Gina Chavez will be the person primarily responsible for performance of the Services and all communications related to the Services. City enters into this Agreement in reliance on that representation by Consultant.

8. Facilities and Equipment. Consultant will, at its sole cost and expense, provide all facilities, documents, materials, and equipment that may be required to perform the Services.

City shall pay Consultant for reimbursable expenses specified in the rate schedule in Exhibit A that are incurred related to Consultant’s performance of the Services. Such reimbursable costs shall be invoiced and billed to City on a monthly basis.

Professional Services Agreement

4912-1794-4628, v. 3

9. Property of City. The following will be considered the property of City and will be available to City at City’s request:
(a) Documents. All reports, drawings, graphics, computer materials, and working papers produced in connection with the Services (“Documents”). Nothing herein will be interpreted as prohibiting or limiting City’s right to assign all or some of City’s interest in the Documents.
(b) Products and Data. All products and data produced and collected by Consultant electronically and in paper form in connection with the Services including, but not limited to, drawings, plans, specifications, models, flow diagrams, visual aids, calculations, studies, and other materials ("Products and Data"). Nothing herein will be interpreted as prohibiting or limiting City’s right to assign all or some of City’s interest in the Products and Data. (c) Delivery to City. Consultant agrees, at its expense and in a timely manner, to deliver to City all Documents and all Products and Data upon termination of this Agreement.

10. Duties of City. In order to permit Consultant to render the Services, City will, at its own expense and in a timely manner:
(a) Provide such information, materials, and documents in City’s possession that Consultant may reasonably require to perform the Services; and (b) Promptly review any and all documents and materials submitted to City by Consultant in order to avoid unreasonable delays in Consultant’s performance of the Services; and (c) Promptly notify Consultant of any fault or defect in the performance of the Services hereunder.

11. Inspections by City. Consultant will provide City every reasonable opportunity to determine that the Services are being competently performed in accordance with this Agreement.

All work done and materials furnished, if any, will be subject to review, inspection and approval by City.

12. Progress Reports. Upon City’s request, Consultant will provide, in a form acceptable to City, written progress reports of all work, oral and written observations, opinions, recommendations, analyses, progress, and conclusions related to Consultant’s performance of the Services.

13. Consultant’s Books and Records.
(a) City will have access at all reasonable times to all reports, records, files, contract documents, personnel, and other records and documents necessary to audit and verify the charges to City under this Agreement.

Professional Services Agreement

4912-1794-4628, v. 3
(b) Consultant will maintain any and all ledgers, books of accounts, invoices, and other records or documents evidencing or relating to the chargesto City under this Agreement for a minimum period of three (3) years, from the date of final payment to Consultant pursuant to this Agreement.
(c) Any Documents, Products and Data, or such other records or documents produced in connection with the Services will be made available for review or inspection by City, upon written request by the City Manager or his or her designee.

14. Subcontractors. Consultant will directly perform the Services and will not directly subcontract any portion of the Services without the prior written consent of City. Any such subcontractor will be required to comply with the terms and conditions of this Agreement.

15. Representations of Consultant. City relies upon the following representations by Consultant in entering into this Agreement:
(a) Qualifications. Consultant represents that it is qualified to perform the Services and that it possesses the necessary licenses, permits, and registrations required to perform the Services, or will obtain such licenses or permits prior to the time such licenses or permits are required. Consultant represents and warrants to City that Consultant will, at Consultant’s sole cost and expense, obtain or keep in effect at all times during the Term any licenses, permits, and registrations that are legally required for Consultant to practice Consultant's profession during the time the Services are rendered.
(b) Consultant Performance. Consultant represents and warrants that all Services under this Agreement will be performed in a professional manner and in accordance with generally accepted standards, customs, practices, and procedures for the Services. Consultant will adhere to accepted professional standards as set forth by relevant professional associations. All work or products completed by Consultant will be completed using the best practices available for the profession and will be free from any defects. Consultant agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and under law, Consultant will re-perform or replace the unsatisfactory Service at no additional expense to City.

16. Compliance with Laws and Standards. Consultant will comply with all applicable federal, state, and local laws, ordinances, regulations and permits, including but not limited to federal, state, and county safety and health regulations. Consultant will comply with all ordinances, laws, orders, rules, and regulations, including any administrative policies and guidelines of City pertaining to the Services.

Professional Services Agreement

4912-1794-4628, v. 3

17. Independent Contractor. Consultant will employ, at its own expense, all personnel reasonably necessary to perform the Services. All acts of Consultant, its agents, officers, employees, and all others acting on behalf of Consultant (“Consultant’s Agents”) relating to this Agreement will be performed as independent contractors. Consultant and Consultant’s Agents will represent and conduct themselves as independent contractors and not as employees of City.

Consultant will have no authority to bind City to any obligation or incur any obligation on behalf of City whatsoever, except as City may specify in writing. Consultant will have no authority to act on behalf of City in any capacity whatsoever as an agent, except as City may specify in writing.

18. Administration. The City Manager, or his or her designee, is responsible for the interpretation and administration of the provisions of this Agreement. Should a disagreement arise between the Parties with respect to the City Manager’s interpretation or administration of any provision of this Agreement, such decision shall first be appealed to the City Council within fifteen (15) days of the City Manager's decision, prior to initiation of legal proceedings to address said disagreement.

19. Insurance. Consultant will obtain and maintain the following insurance policies, in forms and amounts acceptable to City, and with carriers reasonably satisfactory to City:
(a) General Liability Insurance.
(b) Commercial Automobile Insurance.
(c) Workers’ Compensation (as required by the State of California) and Employer’s Liability Insurance.
(d) Errors and Omissions Liability.
(e) Other Insurance Requirements. Consultant further agrees to the following:
(i) Upon City’s request, provide properly executed certificates of insurance that clearly evidence all insurance policies required by this Agreement. (ii) Keep all required policies current during the Term, and replace any certificates, policies, and endorsements for any insurance required herein which expire prior to the termination of this Agreement.
(iii) All insurance policies required under this Agreement shall: (A) name City and elected and appointed councils, commissions, directors, officers, employees, agents, and representatives (“City’s Agents”) as additional insureds with respect to liability arising out of Services; (B) contain no special limitations on the scope of protection afforded to City and City’s Agents; (C) be primary with respect to any insurance or self-insurance programs covering City or City’s Agents; (D) contain standard separation of insured provisions; and (E) state that any failure to comply with reporting or other provisions of the policy including breaches of warranties will not affect the coverage provided to City and City’s Agents.

Professional Services Agreement

4912-1794-4628, v. 3
(iv) With the exception of errors and omissions liability insurance, Consultant hereby agrees to waive subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Consultant, its agents, employees, independent contractors, and subcontractors. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

20. Indemnification. Consultant hereby agrees to indemnify and hold harmless City and City’s Agents against all liability, obligations, claims, loss, and expenses to the extent (a) caused or created by Consultant or Consultant’s Agents related to acts or omissions of Consultant in connection with the Services, or (b) arising out of injuries suffered or allegedly suffered by employees of Consultant or its subcontractors (i) in the course of their employment, (ii) in the performance of work hereunder, or (iii) upon premises owned or controlled by City to the extent permitted by law. Consultant’s obligation to defend, indemnify and hold harmless City and City’s Agents shall be to the extent permitted by Civil Code section 2782.8, shall not exceed the amount of the contract value herein, and shall not be affected by any requirement under this Agreement for Consultant to procure and maintain insurance policies in connection with the Services.

21. Consequential Damages. Notwithstanding any other provision of this Agreement, in no event will City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services.

22. Notices. Any and all notices or other communications related to this Agreement shall be in writing and shall be deemed received when: (a) personally delivered to the Party to whom they are directed; or (b) the earlier of actual receipt or five (5) days following delivery by registered or certified U.S. mail (return receipt requested) or courier service. All notices and communications sent by personal delivery, mail, or courier service shall be accompanied by a copy sent by email. Either Party may change its address information by giving ten (10) days advance written notice of such change to the other Party. Notices and communications will be addressed to the Parties as follows:

If to City: City of Ione
1 East Main Street
PO Box 398
Ione, CA 95640
Attn: City Manager
Email: [email protected]
with copy to: White Brenner LLP
1608 T Street
Sacramento, CA 95811
Attn: Joshua Varinsky
Email: [email protected]
Professional Services Agreement

4912-1794-4628, v. 3
If to Consultant: _______________________
_______________________
_______________________
_______________________
Attn: __________________
Email: _________________

23. Exhibits. All “Exhibits” attached and referenced herein are hereby incorporated and made part of this Agreement, identified as follows:

Exhibit A: Services and Rates

24. General Provisions.
(a) Recitals. The Recitals above are true and correct and are hereby incorporated into and made a part of this Agreement. In the event of any inconsistency between the Recitals and the provisions of this Agreement, the provisions will prevail. (b) Modification. No alteration or modification to any terms of this Agreement will be valid unless made in writing and agreed to by all Parties. (c) Waiver. The waiver by any Party of a breach of any provision hereof will be in writing and will not operate or be construed as a waiver of any other or subsequent breach of the same unless specifically stated in writing.
(d) Assignment. No Party will assign, transfer, or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other Party.
(e) Governing Law; Venue. This Agreement will be governed by and construed in accordance with the laws of the State of California. Venue for all legal proceedings will be in the Superior Court of California for the County of Amador. (f) Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in effect without being impaired or invalidated in any way. (g) Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” or “can” are permissive.
(h) Counterparts. This Agreement may be executed in two or more counterparts, each of which will constitute an original and all of which will be deemed a single agreement.
(i) Further Acts; Other Documents. The Parties agree that they will cooperate in good faith to accomplish the objectives of this Agreement and to that end, agree to execute and Professional Services Agreement

4912-1794-4628, v. 3
deliver such other instruments or documents and to perform any further acts, as may be necessary and convenient to fulfill the purposes and objectives of this Agreement. (j) Entire Agreement. This Agreement sets forth the entire understanding between the Parties as to the subject matter of this Agreement and merges all prior discussions, negotiations, proposal letters or other promises, whether oral or in writing. (k) Authority. Each Party executing this Agreement certifies, in their individual or corporate capacity that: (i) they are authorized to enter into this Agreement, and (ii) they have complied with all requirements under state or federal law for such person or entity to execute this Agreement.
(l) Joint Preparation. All Parties to this Agreement have negotiated it at length and have had the opportunity to consult with and be represented by their own competent counsel.

The Parties acknowledge and agree that any rule of construction that a document is to be construed against the drafting party will not be applicable to this Agreement. (m) Attorney’s Fees and Costs. In the event one of the Parties commences litigation for specific performance or damages for breach of this Agreement, the prevailing Party will be entitled to reasonable attorney's fees and costs incurred, in addition to any other relief to which such Party may be entitled.
[ Signatures on following page ]
Professional Services Agreement

4912-1794-4628, v. 3
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below (“Effective Date”).

CITY:

CITY OF IONE,
a California municipal corporation
By:

George Lee, City Manager
Date:

ATTEST:

By: ____________________________
Janice Traverso, City Clerk
CONSULTANT:

RRM Design Group,
a California corporation
By:

Print: ______
Title:

Date:

APPROVED AS TO FORM:

Joshua Varinsky, City Attorney
4912-1794-4628, v. 3

EXHIBIT A
Services & Rates
Agenda Item #L6
DATE: APRIL 15, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOSH VARINSKY, CITY ATTORNEY
SUBJECT: CONSIDERATION/DIRECTION REGARDING INVESTIGATORS FOR

PROPOSED CENSURE OF COUNCILMEMBER ALISON LAFAYNE
BACKGROUND/DISCUSSION:

In relation to the proposed censure of Councilmember Alison LaFayne, at the special meeting on March 25, 2025, the Council voted (4-0) to hire a neutral investigator.

Staff has identified two (2) potential investigators who are available and qualified.

Biographies of the two professionals are attached with this report.

Staff believes that either option is qualified and able to perform the investigation for future review and consideration by the Council.

If the Council elects one of the investigator options, the City Manager would execute the standard engagement agreement form provided by the investigator. If the Council proceeds with the investigation, the motion should include authorization for the City Manager to execute an engagement agreement with the selected investigator.

FISCAL IMPACT:

The investigator will have ultimate control over the scope of the investigation. However, an approximate estimate would be between 10 – 20 hours, at a cost between $7,500 and $15,000.

ATTACHMENTS:

1. CV of Mark Myles (McKinley, Conger, Jolley & Galarneau, LLP)

2. Biography of Shelline Bennett (Liebert Cassidy Whitmore)

James Mark Myles Stockton, CA | (209) 477-8171
[email protected]
linkedin.com/in/james-myles-awi-ch-6930b216
Career Experience
McKinley Conger Jolley Galarneau
Of Counsel | December 2022 to present
Conducting workplace investigations for employers to determine whether violations of policies or laws have occurred.

Have completed investigations for local government and private sector.

Representing clients in general civil litigation involving land use, real estate, and contract issues.

San Joaquin County
County Counsel | November 2014 to October 2022
Display leadership and communication skills while leading a team of 17 attorneys charged with advising county on all legal matters, including complex labor negotiations with five bargaining units. Embrace responsibility for advising elected officials on pre-litigation and litigation strategies for cases in state and federal court. Leverage experience and functional knowledge to advise elected and appointed officials regarding the outcome of employee civil rights and discrimination focused investigations; assist with drafting and implementation of policies.

Selected Contributions:
♦ Streamline processes and clarify expectations while leading County’s exploration and development of cannabis licensing program; facilitated community outreach efforts and convened cross-functional team for regulation, ordinance, and policy development.
♦ Maximize opportunities for success and provide vital structure by creating legal strategies designed to maintain the federally qualified health clinic status of county clinics; strategy preserved ~$100M in state and federal health care funding.
♦ Established solid foundation for success by leading county’s multi-faceted legal challenges to protect the San Joaquin Delta; selected and supervised attorneys charged with representing the County against threats to the San Joaquin Delta in administrative and litigation proceedings. ♦ Shaped a productive, results-oriented environment by participating in advocacy efforts to protect and preserve the San Joaquin Delta, Delta residents, and legacy communities. ♦ Generate stability and ensure safety by leading county’s legal response to COVID-19; advise elected and appointed officials on state’s legal authority vis-à-vis the county; advise county leaders on implementation of state’s orders; assist with crafting health orders and policy response to the demands of the state and local elected officials.

San Joaquin County
Assistant County Counsel | February 2007 to 2014
Demonstrated effective leadership and foresight by preparing department’s annual budgets for FY 2008-14; highly skilled in addressing budget cutbacks throughout the recession by increasing litigation handled by staff attorneys; strategy facilitated in a net savings to self-insured litigation fund.

Selected Contributions:
♦ Defined direction that catalyzed coordination by supervising staff attorneys; developed strategies and plans for handling sophisticated advisory and litigation matters and assignment of cases to staff attorneys and outside counsel.

Attachment #L6A

♦ Contributed to county’s financial health by negotiating a settlement, which provided the county with a ~$10M 10-year stream of revenue while representing county in complex sales tax sharing dispute. ♦ Employed refined relationship-building skills and collaborative mindset while supervising complex litigation challenging the adequacy of the environmental documentation for construction of CDCR Correctional Health Facility in San Joaquin County.

San Joaquin County
Deputy County Counsel | August 2005 to February 2007
Provided insightful vision and guidance while advising county departments on employment and labor matters, land use matters, and contract negotiations.

Selected Contributions:
♦ Displayed sound judgment and discretion while representing the county in civil rights actions filed in state and federal courts.
♦ Employed detailed analysis and judgment while supervising environmental litigation challenging county approval of development projects.

Education
Association of Workplace Investigation Course
Certificate Holder
Juris Doctorate
University of Missouri, Columbia – School of Law
Bachelor of Science in Criminal Justice Administration, Cum Laude Metropolitan State College of Denver, CO
Military Service, Leadership, and Career Highlights
Judge Advocate
California State Guard – Legal Support Command
April 2023 – April 2025
United States Air Force Security Police, 1980 to 1992, Honorable Discharge Speaking Engagements
October, 2024: Sexual Harassment Training. California State Guard September, 2023: USERRA: Employment Rights and Benefits Owed to Service Members. California State Guard Legal Support Command
June, 2023: Yellow Ribbon Briefing. California National Guard, 579th Engineering Battalion March, 2023: Cultural Impacts on Workplace Investigations presented to the San Joaquin County Bar Association.

San Joaquin County Public Health Conference Keynote Speaker 2020 San Joaquin County 21st Annual Diversity Luncheon Keynote Speaker, 2018 Adjunct faculty at Humphreys College, Drivon School of Law, 2005 to 2014, instructed students in land use and advanced legal writing.

Shelline Bennett | © 2025 Liebert Cassidy Whitmore. All rights reserved.

Shelline
Bennett
Fresno and
Sacramento
Office Managing
Partner
619.481.5900
[email protected]
Shelline Bennett’s 30-year legal career has been exclusively advising and representing management in all areas of labor and employment law. She has worked with private employers in a variety of industries, non-profit organizations, and all types of public employers. Shelline has an extensive litigation background in federal and state courts; she has represented employers before state administrative agencies, arbitrators, and commissions; and her practice includes serving as lead negotiator at bargaining tables.

Shelline brings the breadth of her entire legal experience to her investigation work. She serves on the firm’s Investigation Practice Group Executive Committee. Shelline is an Association of Workplace Investigators (AWI) Certificate Holder and conducts trainings for AWI. Shelline’s investigation work spans the entire process from serving as the investigator to overseeing all aspects of the investigation, including retaining outside investigators, preparing the critical scope of investigation, analyzing investigation findings of fact, providing legal conclusions and recommendations. Shelline also regularly conducts full-day train the investigator trainings in compliance with Civil Rights Department guidelines.

Prior to joining Liebert Cassidy Whitmore, Shelline was a Managing Shareholder for a large international employment law firm and managed their Central California office.

Professional and Community Involvement
Shelline has served as the Chair, Vice Chair, and Secretary/Treasurer for the Litigation Section of the Federal Bar Association.

Shelline can be watched monthly on a local news affiliate’s employment-law update.

Attachment #L6B
Shelline Bennett | © 2025 Liebert Cassidy Whitmore. All rights reserved.

Recognitions
Shelline has continued to be recognized throughout her career, including the following:

Northern California Super Lawyers, (2004, 2006, 2008-2024) “Top Women Attorneys in Northern California,” San Francisco Magazine, (2013) Fresno Magazine’s Employment and Labor Super Lawyer, (2009) Expertise
Nonprofit
• Workplace Investigations
Private Education
• Workplace Investigations
Public Education
• Workplace Investigations
Public Employers
• Workplace Investigations
• Employment Law
• Labor Relations
Education
JD, UC College of the Law, San Francisco (formerly
UC Hastings)
BA, California State University, Fresno
Representative Matters
Negotiations
Tri Dam Project – Lead negotiator.

Stanislaus County Regional Housing Authority – Lead negotiator.

Tuolumne County – Lead negotiator.

City of Merced – Lead negotiator.

Cambria Community Service District – Lead negotiator.

City of Selma – Lead negotiator.

Tulare County – Lead negotiator and factfinding panel member.

Tulare County Public Authority/IHSS – Lead negotiator.

City of Kingsburg – Lead negotiator.

Merced County – Lead negotiator and factfinding panel member.

Shelline Bennett | © 2025 Liebert Cassidy Whitmore. All rights reserved.

Merced County Public Authority/IHSS – Lead negotiator.

City of Dos Palos – Lead negotiator.

City of Porterville – Lead negotiator and factfinding panel member.

City of Arroyo Grande – Lead negotiator.

City of Sanger – Lead negotiator and factfinding panel member.

City of Visalia – Lead negotiator.

Monterey County – Lead negotiator.

City of Orange Cove – Lead negotiator.

City of Reedley – Lead negotiator.

State Center Community College District – Lead negotiator and factfinding panel member.

North Kern Water District – Lead negotiator.

San Joaquin Valley Air Pollution Control District – Lead negotiator.

South San Joaquin County Irrigation District – Lead negotiator.

Selma Kingsburg Fowler Sanitation District – Lead negotiator.

Merced County Housing Authority – Lead negotiator.

San Joaquin County – Lead negotiator.

Fresno County – Factfinding panel member.

Fresno County Public Authority/IHSS – Lead negotiator.

Five Cities Fire Authority – Lead negotiator.

Mariposa County Public Authority/IHSS – Lead negotiator.

Publications
02/02/2024
KMPH Fox 26 News Eye on Employment – Workplace Investigations KMPH Fox 26
02/02/2024
KMPH Fox 26 News Eye on Employment – New Employment Laws for 2024 Copy Shelline Bennett | © 2025 Liebert Cassidy Whitmore. All rights reserved.

KMPH Fox 26
05/26/2023
KNX News Segment – TikTok
KNX News Radio
06/07/2023
Rule Shift Could Delay Elections To Decertify Starbucks Union Law360
04/07/2023
Assembly Bill 2188
The Business Journal and The Orange County Register
03/24/2023
KNX News Segment – AB 2188
KNX News Radio
01/26/2023
Amazon Workers Like ALU’s ‘Hands-Off’ Model Despite Risks Law360
12/02/2022
New Law Brings Calif. Public Sector ULPs Closer To Litigation Law360
10/12/2022
Quiet Quitting
FOX26
05/04/2022
Leadership That Bolsters Employee Retention Requires Promptly Investigation Reports of Incivility
HR News
08/31/2021
Codes of Conduct and Ethics in the Public Sector
American City & County
07/28/2021
Decorum and Civility in the Public Sector
American City & County
06/10/2021
Bringing Back Decorum and Civility in the Public Sector Western City Magazine
05/18/2021
FOX26 (Fresno) Eye on Employment Segment
Shelline Bennett | © 2025 Liebert Cassidy Whitmore. All rights reserved.

Fox 26 (Fresno)
12/01/2020
Best Practices for Accommodating Nonconforming Gender Identities in the Workplace HR News
04/22/2020
Employer Tips for Accommodating Non-Binary Workers
Bloomberg Law