Portola City Council Regular Meeting, Wednesday, January 26, 2022, 6:00 p.m.
CITY OF PORTOLA
CITY COUNCIL REGULAR MEETING AGENDA
REGULAR MEETING CITY HALL COUNCIL CHAMBERS
WEDNESDAY, JANUARY 26, 2022 35 THIRD AVENUE
6:00 P.M. PORTOLA, CA 96122
COUNCILMEMBERS ATTENDING VIA TELECONFERENCE AS PERMITTED BY CALIFORNIA GOVERNOR NEWSOM EXECUTIVE ORDER N-29-20
COUNCILMEMBERS CITY STAFF
Mayor Pat Morton City Manager Lauren Knox
Mayor Pro Tem Tom Cooley Public Works Director Todd Robert Councilmember Phil Oels City Attorney Steve Gross
Councilmember Stan Peiler Finance Officer Susan Scarlett Councilmember Bill Powers Deputy City Clerk Tara Kindall The City Council welcomes you to its meetings which are regularly held the second and fourth Wednesday of each month at 6:00 p.m. Your interest and participation is encouraged and welcome.
As permitted by Executive Order N-29-20, proclaiming a State of Emergency in the State of California, the City Council Chamber at City Hall will not be accessible to the public for the City of Portola’s January 26, 2022 Regular City Council meeting.
The City Council meeting is accessible to the public via live streaming at: https://zoom.us/j/3583067836 or by phone at: Phone Number 1.669.900.6833; Meeting ID: 358 306 7836.
Any person desiring to address the City Council on any item not on the agenda may do so during public comment. Public comments made during a regular Council meeting may be recorded. Public comment will be accepted via email or chat on any item on the agenda at any time beginning at 6:00 p.m. and ending at the close of public comment on the item. Please direct your comments to Tara Kindall, Deputy City Clerk, [email protected] or access the chat function on the Zoom meeting platform during the live stream.
Members of the public may submit their comments in writing to be included in the public record.
Any person with a disability may submit a request for reasonable modification or accommodation to the above-described means for accessing and offering comment at the meeting to Tara Kindall at [email protected] who will swiftly resolve such request.
Portola City Council Regular Meeting, Wednesday, January 26, 2022, 6:00 p.m.
CONSENT CALENDAR: These items include routine financial and administrative actions. All items on the consent calendar will be voted on at the same time during the meeting under “Consent Calendar”. If you wish to have an item removed from the Consent Calendar, you may do so by addressing the presiding officer.
Copies of staff reports or other written documentation relating to each item of business referred to on this agenda are on file in the Office of the City Clerk and are available for public inspection. If you have any questions on any agenda items, contact the City at 530.832.6801.
Meeting facilities are accessible to persons with disabilities. Reasonable efforts will be made to accommodate participation of the disabled in the City’s public meetings. If special accommodation for the disabled is needed, please notify the City at 530.832.6801 at least 48 hours prior to the meeting.
For additional information visit the City of Portola Web Page: www.cityofportola.com.
Portola City Council Regular Meeting, Wednesday, January 26, 2022, 6:00 p.m.
CITY COUNCIL AGENDA
REGULAR MEETING
JANUARY 26, 2022
6:00 P.M.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. PUBLIC COMMENT
This section is intended to provide members of the public with an opportunity to comment on any subject that does not appear on this agenda. Please note that California law prohibits the City Council from taking action on any matter which is not on the posted agenda, unless it is determined to be an urgency item by the City Council. Any member of the public wishing to address the City Council during “PUBLIC COMMENT” shall first secure permission of the presiding officer, stand; may give his/her name and address to the Clerk for the record. Each person addressing the City Council shall be limited to three minutes ordinarily, unless the presiding officer indicates a different amount will be allotted.
5. CITY COMMUNICATIONS
A. City Council Communications/Committee Reports
B. Staff Communications/Fire Report/Sheriff’s Report/Air Quality Report C. City Manager Report
6. CONSENT CALENDAR
These items are expected to be routine and non-controversial. The City Council will act upon them at one time without discussion. Any Councilmembers, staff member or interested party may request that an item be removed from the consent agenda for discussion. Additional budget appropriations will require a four/fifths roll call vote.
A. Minutes – Adopt the minutes of the City Council Regular meeting held on October 13, 2021. [pages 1-5]
B. Claims – Adopt Resolution No. 2495 authorizing payment of claims for the period of January 6, 2022 through January 21, 2022. [pages 7-11]
Accounts Payable: $ 114,833.27
Payroll: $ 36,836.56
Total: $ 151,669.83
Portola City Council Regular Meeting, Wednesday, January 26, 2022, 6:00 p.m.
7. ORDER OF BUSINESS
A. Resolution No. 2496 Concerning COVID Remote Meetings.
Review Resolution No. 2496 which re-ratifies the proclamation of a state of emergency and re-authorize remote teleconference meetings of the legislative bodies of the City of Portola. Discussion and possible action. [pages 13-16]
A Resolution of the City Council of the City of Portola proclaiming a local emergency persists, re-ratifying the Proclamation of a State of Emergency by Governor of California March 4, 2020, and re-authorizing remote teleconference meetings of the legislative bodies of the City of Portola for the period of January 12, 2022 to February 11, 2022 pursuant to Brawn Act provisions.
B. Mid-Year Financial Update 2021-2022 and Draft Budget Schedule.
Review and update on financials and budget schedule by Finance Officer Susan Scarlett.
Discussion and possible action. [pages 17-26]
C. NSAQMD MOU
Renewal of a Memorandum of Understanding with the Northern Sierra Air Quality Management District that relates to the wood stove change out program. Discussion and possible action. [pages 27-33]
D. COVID-19 Update
Review the Emergency Proclamation ratified by Council on March 20, 2020 as it relates to the COVID-19 pandemic. Discussion and possible action. [pages 35-.38]
8. CLOSED SESSION – Conference with Legal Counsel.
Closed session pursuant to Government Code section 54956.9(d)(1); Conference with Legal Counsel regarding California Labor Commissioner, State Case Number WC-CM846897.
9. ADJOURNMENT
REGULAR MEETING MINUTES
PORTOLA CITY COUNCIL
35 THIRD AVENUE | PORTOLA, CA 96122
OCTOBER 13, 2021 | 6:00 P.M.
1. CALL TO ORDER
Councilmembers attended this meeting via teleconference as permitted by California Governor Newsom Executive Order N-29-20. Members of the public were able to join the meeting via Zoom live streaming. Mayor Powers called the meeting to order at 6:00 p.m.
2. ROLL CALL
Councilmembers Tom Cooley, Phil Oels, Stan Peiler, Mayor Pro Tem Pat Morton, and Mayor Bill Powers responded to the roll call. City Manager Lauren Knox, City Attorney Steve Gross, Finance Officer Susan Scarlett, and Deputy City Clerk Tara Kindall were also present.
3. PUBLIC COMMENT
Mr. Brian Attama made a statement about the fire department consolidation. Deputy City Clerk read a statement by Ms. Ashlee Sims concerning the Local Emergency Services Study Group. There were no other citizens who wished to comment.
4. CITY COMMUNICATIONS
A. City Council Communications/Committee Reports
Councilmember Peiler had nothing to report.
Councilmember Oels reported that the bench project is done. He built 12 benches.
Councilmember Cooley reported that he has been doing fuel reduction work at the Disc golf course and attended the LESSG meeting.
Mayor Pro Tem Morton reported that she attended an LESSG meeting and a Sheriff’s contract Ad Hoc committee meeting.
Mayor Powers had nothing to report.
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B. Staff Communications
Fire Chief Bret Russell reported that the month of September there were 43 total calls, 15 in Beckwourth and 28 in Portola. The State Fire Marshal has mandated that all Fire Chiefs have pre fire plans and inspections and he was able to contact a retired Fire Marshal as a consultant to come to the department to look over the pre fire plans and perform the inspections to get the department up to the State Fire Marshal standards. The “new to us” Type 1 Fire Engine from the City of Sparks has arrived. Gay Miller previously reported that they were awarded the FEMA SCBA grant and they are now working through the requirements of that grant. They have begun a monthly officers meeting prior to the monthly business meeting. They are working on policy, procedures and operating guidelines updates, specifically a take home vehicle policy to help with response times. They are in the planning stages of a “Burn Box” training for firefighters. This is something that includes several fire departments and has been very beneficial and well received by the different departments. They will have two of the Type 1 Fire Engines and the Antique Engine participating in the homecoming parade.
Sergeant Klundby with Plumas County Sheriff’s office reported between September 13 and today there have been 122 calls for service in Portola, 16 reports, 1 mental health, 4 intox. and drugs, 5 property crimes, 4 physical, 1 disturbance, and 1 missing person. He also wants to give a shout out to the Code Enforcement Officer. It’s been good to work with her and feels she’s a great hire.
Melissa Klundby with Air Quality stated there is enough grant funding available to sponsor one more free green waste day for City of Portola residents only. It will be October 30th from 9am to 4pm with a lunch break closure from 12:00 PM-12:30 PM. Please remember to separate out your load.
Ashlee Sims asked the Fire Chief how much the grant amount from FEMA was.
C. City Manager Report
City Manager Knox reported that PHS Homecoming will be on the 22nd. There will be a parade. She has continued to have conversations with Air Quality concerning enforcement of wood stove burning.
5. CONSENT CALENDAR
Councilmember Oels moved and Councilmember Peiler seconded a motion to approve the consent calendar as amended:
A. Claims – Adopt Resolution No. 2485 authorizing payment of claims for the period of September 3, 2021 (payroll) through October 5, 2021 (payroll and accounts payable).
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Accounts Payable: $100,110.89
Payroll: $ 87,885.97
Total: $187,996.86
Roll call vote, yes: Cooley, Oels, Peiler, Morton, and Powers. So carried.
Roll call vote, no: none.
6. ORDER OF BUSINESS
A. COVID Remote Meeting Resolution.
City Attorney Steve Gross explained that this resolution makes the required findings in order for the legislative bodies of the City to continue meeting remotely with certain Brown Act modifications. Those modifications being: while maintaining transparency and public access, local agencies would be able to meet remotely during a declared state emergency; while agencies would still be required to post agendas and meeting information, agencies would not be required to post meeting notices and/or agendas at all teleconference locations when remotely meeting during an emergency; while the public must continue to have access to the remote meeting and provided the ability to make public comment, agencies would not be required to make all remote meeting sites accessible to the public, nor include the remote location details in the meeting notice or agenda during a declared state of emergency; additionally, agency board member would not be required to be a remote site within the territorial bounds of the agency during a declared state of emergency. He noted three corrections that need to be made to the resolution. The first one is removing “Executive Order N-29-20” from the title and replacing it with “on March 4, 2020”. The second is inserting “the Governor of California issued a proclamation of a state of emergency March 4, 2020 and” right behind the Whereas in the 7th clause. Thirdly, in the last part of the resolution in Section three the date needs to be changed from the 19th to the 4th.
Mayor Pro Tem Morton moved and Councilmember Oels seconded a motion to adopt Resolution No. 2486:
A Resolution of the City Council of the City of Portola proclaiming a local emergency persists, re-ratifying the proclamation of a state of emergency by the Governor of California Executive Order N-29- 20, and re-authorizing remote teleconference meetings of the legislative bodies of the City of Portola for the period of October 13, 2021 to November 13, 2021 pursuant to Brown Act provisions.
Roll call vote, yes: Cooley, Oels, Peiler, Morton, and Powers. So carried.
Roll call vote, no: none.
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B. Local Emergency Services Study Group (LESSG) Contract.
City Manager Knox reviewed this item for Council. The Council has previously adopted Resolution 2461 which is a commitment in good faith to be a participating agency in the completion of a feasibility study and to share in the cost of such study.
The LESSG has gone through the RFP process and has chosen Planwest Partners as the group to conduct the study. The contract with Planwest Partners is being presented tonight for Council’s consideration.
Mayor Pro Tem Morton moved and Councilmember Oels seconded a motion to proceed with the feasibility study for the LESSG and authorize the City Manager to execute the contract, authorize staff to make payments for the contract from the funds received from the participating agencies on deposit with the City, in an amount not to exceed $30,000, and designate the City Manager as the City’s Representative per Section 7 of the contract.
Roll call vote, yes: Cooley, Oels, Morton, and Powers. So carried.
Roll call vote, no: none.
C. Disc Golf Update.
City Manager Knox reviewed the following items for the Disc Golf Course:
approve the soft grand opening on October 23, 2021; approve the use of the course for a tournament held by the Portola Disc Golf Club and the City of Portola; approve the name and logo created by William Marquette and allow the Disc Golf Club to use the logo; approve a set aside reserve of $7,500 to be used for the course in the future, including a potential redesign, maintenance, and anything else that may arise relating to the course, and approve of staff spending funds donated above that amount for any current needs if any arise; and provide direction to staff to develop more formal policies relating to the disc golf course. Discussion ensued.
Mr. Josh Hart has gone to the Riverwalk to look at the Disc Golf Course and feels that there is extensive damage to the habitat. Ms. Ashlee Sims asked for clarification on the funds dispersed for the Disc Golf Course.
Councilmember Peiler moved and Councilmember Oels seconded a motion to approve of the course opening on October 23, 2021, approve the use of the course that day for a tournament for a jointly sponsored event with the Portola Disc Golf Club and the City of Portola, approval of the name and logo as presented, allow the Portola Disc Golf Club to use the logo in their marketing, approve of a set aside in a minimum amount of $7,500 to be used for the course in the future including a possible redesign, maintenance, or any thing else that may arise, and any monies received in the short term period before we develop a full policy to be utilized to enhance the disc golf course or create whatever is needed, and provide direction to staff to develop more formal policies relating to the disc golf course.
Roll call vote, yes: Cooley, Oels, Morton, and Powers. So carried.
Roll call vote, no: none.
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D. Open Flame Burn Ban Ordinance.
City Manager Knox stated that at the September 22, 2021 Council meeting, Ordinance 360 was introduced and the second reading was waived. This Ordinance amends Section 15.10.026 of the Portola Municipal Code by restricting certain open flame fires, during times when a burn restriction is in place.
Councilmember Oels moved and Councilmember Peiler seconded a motion to adopt Ordinance No. 360: An Ordinance of the City of Portola, County of Plumas amending Chapter 15.10.026 of the City of Portola Municipal Code exceptions for prohibition of open burning.
Roll call vote, yes: Cooley, Oels, Morton, and Powers. So carried.
Roll call vote, no: none.
7. ADJOURNMENT
There being no further business Mayor Powers adjourned the meeting at 7:19 p.m.
Tara Kindall, CMC
Deputy City Clerk
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6 Resolution No. 2495 January 26, 2022
RESOLUTION NO. 2495
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTOLA
AUTHORIZING PAYMENT OF CLAIMS FOR THE PERIOD
JANUARY 5, 2022 THROUGH JANUARY 21, 2022.
ACCOUNTS PAYABLE
CHECK NUMBERS: 43535-43563
PAYROLL
CHECK NUMBERS: 17036-17041
(VOIDED CHECKS 17036-17038)
WHEREAS, the City Council of the City of Portola has been fully advised that all such claims and demands are legal obligations of the City; and, WHEREAS, the City Council has fully considered the claims and money demands and payment thereof as set forth below and in "Exhibit A" attached hereto and incorporated herein.
ACCOUNTS PAYABLE: $ 114,833.27
PAYROLL: $ 36,836.56
TOTAL: $ 151,669.83
NOW THEREFORE BE IT RESOLVED THAT all claims and demands represented are just and proper and legal demands or claims against the City of Portola, and the payment of any such demands is approved and authorized.
PASSED, APPROVED AND ADOPTED this 26th day of January, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Pat Morton, Mayor
ATTEST:
Tara Kindall, Deputy City Clerk
I, Tara Kindall, Deputy City Clerk of the City of Portola, do hereby certify that the above and foregoing Resolution was duly passed and adopted by the City Council at the City of Portola Regular meeting thereof held on January 26, 2022.
Tara Kindall, Deputy City Clerk
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12 CITY COUNCIL AGENDA STAFF REPORT
DATE: January 21, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Tara Kindall, Deputy City Clerk
MEETING: January 26, 2022
SUBJECT: Resolution No. 2496, re-ratifying the proclamation of a state of emergency and reauthoring remote teleconference meeting of the legislative bodies of the City of Portola.
______________________________________________________________________________ At the September 22, 2021, City Attorney Steve Gross updated council concerning Assembly Bill 361, signed by Governor Gavin Newsom on September 16, 2021, which extends the Brown Act modifications that have been in effect since March of 2020. This bill allows the following:
• While maintain transparency and public access, local agencies would be able to meet remotely during a declared state of emergency
• While agencies would still be required to post agendas and meeting information, agencies would not be required to post meeting notices and/or agendas at all teleconference locations when remotely meeting during an emergency • While the public must continue to have access to the remote meeting and provided the ability to make public comment, agencies would not be required to make all remote meeting sites accessible to the public, nor include the remote location details in the meeting notice or agenda during a declared state of emergency
• Additionally, agency board members would not be required to be a remote site within the territorial bounds of the agency during a declared state of emergency.
City Attorney Gross explained that this resolution would be coming before Council approximately every 30 days for review and reconsideration by Council. Previous Resolutions and time periods: Resolution No. 2486 for October 13, 2021 through November 13, 2021; Resolution No. 2489 November 13, 2021 through December 13, 2021; and Resolution No. 2492 for December 13, 2021 through January 12, 2022.
Recommendation:
Adopt Resolution No. 2496: A Resolution of the City Council of the City of Portola proclaiming a local emergency persists, re-ratifying the proclamation of a state of emergency by Governor of California Executive Order N-29-20, and re-authorize remote teleconference meetings of the legislative bodies of the City of Portola for the period of December 13, 2021 to January 12, 2022 pursuant to Brown Act provisions.
13 Attachments:
Attachment 1: Resolution No. 2496
14 Resolution No. 2496 January 26, 2022
Attachment 1
RESOLUTION NO. 2496
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTOLA
PROCLAIMING A LOCAL EMERGENCY PERSISTS, RE-RATIFYING THE
PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR OF
CALIFORNIA MARCH 4, 2020, AND RE-AUTHORIZING REMOTE
TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF PORTOLA FOR THE PERIOD OF JANUARY 12, 2022 TO FEBRUARY 11, 2022 PURSUANT TO BROWN ACT PROVISIONS.
WHEREAS, the City of Portola is committed to preserving and nurturing public access and participation in meetings of the City Council; and
WHEREAS, all meetings of the City of Portola’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and WHEREAS, the Brown Act, Government Code section 54953(e), makes provision for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological or human-caused disasters; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, the Governor of California issued a proclamation of a state of emergency March 4, 2020 and the City Council of the City of Portola previously proclaimed by Official Proclamation on March 19, 2020, finding that the requisite conditions exist for the legislative bodies of the City of Portola to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953; and
WHEREAS, as a condition of extending the use of the provisions found in section 54953(e), the City Council must reconsider the circumstances of the state of emergency that exists in the City of Portola, and the City Council has done so; and
WHEREAS, emergency conditions persist in the City of Portola specifically, a novel coronavirus, COVID-19, which symptoms include fever, cough, and shortness of breath with outcomes ranging from mild to severe illness, and in some cases death; and WHEREAS, Plumas County, where the residents of the City of Portola reside, reports that many cases of COVID-19 and its variants continue to be contracted regularly within the county; and WHEREAS, the City of Portola does hereby find that the Existence of a Local Emergency due to the COVID-19 Pandemic has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City of Portola and desires to affirm a local emergency exists and re-ratify the proclamation of state of emergency by the Governor of the State of California; and WHEREAS, as a consequence of the local emergency persisting, the City Council does hereby find that the legislative bodies of the City of Portola shall continue to conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as 15 Resolution No. 2496 January 26, 2022
authorized by subdivision (e) of section 54953, and that such legislative bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and
WHEREAS, the City Council of the City of Portola has been conducting meeting via live streaming at: https://zoom.us/j/3583067836 or by phone at: 1.669.900.6833, meeting ID 358 306 7836 so that the public may participate in the City Council meetings;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTOLA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Affirmation that Local Emergency Persists. The City Council hereby considers the conditions of the state of emergency in the City of Portola and proclaims that a local emergency persists throughout the City, and the novel coronavirus, COVID-19, continues to persist within the City as well as throughout Plumas County at a rate that poses significant risk to the health of all citizens.
Section 3. Re-ratification of Governor’s Proclamation of a State of Emergency. The City Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 19, 2020 .
Section 4. Remote Teleconference Meetings. The City Manager and legislative bodies of the City of Portola are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
Section 5. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) January 12, 2022, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953€(3) to extend the time during which the legislative bodies of the City of Portola may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
PASSED AND ADOPTED by the City Council of the City of Portola , this 26 th day of January
2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Pat Morton, Mayor
ATTEST:
Tara Kindall, Deputy City Clerk
I, Tara Kindall, Deputy City Clerk of the City of Portola, do hereby certify that the above and foregoing Resolution was duly passed and adopted by the City Council at the City of Portola Regular meeting thereof held on January 26, 2022.
Tara Kindall, Deputy City Clerk
16 CITY COUNCIL AGENDA STAFF REPORT
DATE: January 16, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Susan Scarlett, Finance Officer
MEETING: January 26, 2022
SUBJECT: Mid-year financial update 2021-2022 and draft budget schedule Attached you will find reports to review for the 21-22 year to date:
Attachment #1 -Cash and Receivables report comparison for the fiscal year end 2017, 2018, 2019, 2020 and 2021.
Attachment #2-Spread sheets with the summary of the City finances through December 31, 2021. Page one of the spread sheets is the Budget to Actual for the General Fund; the Special Revenue funds and Fund 215 and page 2 has the Enterprise Funds.
Attachment #3-Behind those two spread sheets is the 3-page backup for the “other expenses” and “capital outlay” line items for the summary sheets.
Attachment #4-Draft budget schedule for review and discussion.
Please feel free to call me in advance of the meeting with any questions you have that might take additional research.
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18 CITY OF PORTOLA CASH AND RECEIVABLES BALANCES
6/30/2021 6/30/2020 6/30/2019 6/30/2018 6/30/2017
FUND 100-GENERAL FUND $ 2,472,063.35 $ 2,342,438.75 $ 2,470,823.25 $ 2,458,754.95 $ 2,097,493.69 Reserved Grants $ - $ 6,880.00
Woodstove Changeout $ 851.12 $ 851.12 $ 851.12 $ 851.12 $ 851.12 Traffic Impact Fee $ 77,931.00 $ 77,931.00 $ 77,931.00 $ 77,931.00 $ 77,931.00 Vehicle Abatement $ 15,152.30 $ 48,541.12 $ 51,142.19 $ 51,142.19 Total Cash $ 2,565,997.77 $ 2,469,761.99 $ 2,600,747.56 $ 2,588,679.26 $ 2,183,155.81 Receivables/State/Plumas County/Other $ 176,564.71 $ 109,724.58 $ 117,950.12 $ 137,479.14 $ 147,730.15 Landfill Closure Loan Due from Solid Waste $ - $ 2,922.16 $ 123,894.38 $ 245,044.85 $ 363,640.42 Due from Solid Waste $ - $ 68,096.84
Due from Solid Waste-Transfer Station $ - $ 22,501.00
Note Receivable EPHC $ 161,412.97 $ 186,183.17 $ 208,009.39 $ 230,519.27 $ 254,797.86 Total Receivables $ 337,977.68 $ 298,829.91 $ 449,853.89 $ 613,043.26 $ 856,766.27 Total Cash and Receivables $ 2,903,975.45 $ 2,768,591.90 $ 3,050,601.45 $ 3,201,722.52 $ 3,039,922.08 FUND 207-GAS TAX - STREETS $ - $ - $ - $ - $ -
FUND 208-GAS TAX - SNOW REMOVAL $ 13,177.25 $ - $ - $ - $ - FUND 211 RMRA $ 44,862.09 $ 7,016.56 $ 38,983.93 $ 7,955.14 FUND 215-CDBG $ 89,405.45 $ 110,746.63 $ 131,796.92 $ 114,253.21 $ 159,522.16 Notes Receivable - RLF $ - $ - $ 37,961.88 $ 37,961.88
CDBG Loans $ 43,525.40 $ 51,135.40 $ 51,135.40 $ 51,135.40 $ 51,135.40 Attachment 1
FUND 216-STIP PROJECTS $ (154,483.19) $ (229,542.69) $ 13,155.41 $ (172,886.16) $ (141,839.40) Prepaid $ 69,629.75
Receivable $ 79,897.17 $ 314,684.20
FUND 710-WATER $ 1,412,973.30 $ 1,347,752.32 $ 1,128,930.23 $ 931,000.37 $ 625,364.01 Debt Service Reserve $ 68,362.00 $ 68,362.00 $ 68,362.00 $ 68,362.00 $ 90,237.00 Facility Fee Reserve $ 302,706.00 $ 302,706.00 $ 302,706.00 $ 298,691.00 $ 298,691.00 Infrastructure Maintenance account $ 202,861.71 $ 185,027.43 $ 85,000.00 WTP Maintenance account $ 458,350.00 $ 412,515.00 $ 366,680.00 $ 320,845.00 $ 275,000.00 FUND 720-SEWER $ 1,285,253.55 $ 1,180,435.52 $ 1,078,833.88 $ 1,072,228.39 $ 710,104.48 Wastewater Capital Reserve $ 209,903.72 $ 208,734.81 $ 204,576.79 $ 200,050.16 $ 197,249.22 Infrastructure Maintenance account $ 252,913.93 $ 197,394.23 $ 107,366.80 Facility Fee Reserve $ 268,432.50 $ 268,432.50 $ 268,432.50 $ 263,108.50 $ 263,108.50 FUND 730-SOLID WASTE $ 236,568.86 $ 180,570.49 $ 85,828.08 $ - $ 5,000.00 Landfill Closure Maintenance Account 118,739.92
ATTACHMENT # 1
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20 CITY OF PORTOLA
2021-2022 BUDGET VERSUS YTD AS OF 12-31-2021 (Preliminary, coding changes may apply) YEAR % YTD YEAR % YTD YEAR % YTD YEAR % YTD ECONOMIC YEAR % YTD
TO DATE GAS TAX TO DATE GAS TAX TO DATE RMRA TO DATE DEVELOPMENT TO DATE GENERAL FUND Streets Snow CDBG
ACCOUNT/FUND 100 207 208 211 215
REVENUE 1,020,086.19 469,496.41 46% 55,443.00 27,966.86 50% 77,500.00 0% 41,182.00 14,398.38 35% 750.00 35.67 5% INTERFUND TRANSFERS 151,626.48 - 0% 153,499.70 - 0%
PERSONNEL 245,560.17 154,377.06 63% 96,309.36 46,234.74 48% 93,278.90 51,471.44 55% 10,340.73 5,746.51 56% POSTAGE 5,500.00 1,583.10 29%
BOOKS & SUBS
GAS & ELECTRIC 30,000.00 16,882.88 56% 4,000.00 - 0%
TELEPHONE 8,050.00 4,326.43 54%
MATERIALS AND SUPPLIES 25,200.00 14,848.23 59% 10,000.00 2,502.84 25% 12,000.00 5,458.04 45% EQUIP REPAIR/MAINT 6,000.00 2,222.51 37% 6,000.00 3,417.29 57% 20,000.00 6,713.56 34% VEHICLE REPAIR/MAINT 2,500.00 4,660.42 186% 2,500.00 245.09 10% 15,000.00 2,493.83 17% VEHICLE FUEL 1,500.00 3,075.67 205% 5,000.00 4,169.97 83% 6,500.00 1,456.62 22% LEGAL FEES 65,000.00 25,411.12 39% 10,000.00 3,573.00
INSURANCE 38,222.80 37,822.41 99% 13,260.80 15,367.21 116% PROFESSIONAL SVSC 151,690.00 80,870.32 53% - 895.13 259.88 5,000.00 1,336.50 ADVERTISING/NOTICES 1,400.00 150.87 11%
CODE REFERENCE UPDATE 4,700.00 1,874.00 40% -
CIVIC PROMO & MARKETING 500.00 521.70 104% 8,000.00 13,825.80 173% CONFERENCE/TRAVEL 4,000.00 - 0%
DUES/MEMBERSHIPS 3,350.00 327.00 10%
BUILDING EXPENSE 8,250.00 222.87 3% 500.00 - 0% 1,000.00 - 0% STREET REPAIR 30,000.00 1,116.47 4% 30,000.00 116.73 0% 41,122.00 0% ACCOUNTING FEES 14,400.15 7,200.00 50% 5,650.12 2,700.00 48% 3,850.00 1,800.00 47% 3,000.04 1,500.00 50% AUDITING FEES 8,640.00 6,993.00 81% 1,110.00 777.00 70% 1,110.00 518.00 47% 1,600.00 1,295.00 81%
TRAINING/EDUCATION
WATER AND SEWER 64,050.00 30,890.46 48%
COMMUNICATION EXPENSE 300.00 167.29 56%
OTHER EXPENSE/SEE ATTACHED 224,249.53 106,575.73 48% 50,000.00 15,883.09 32% 31,000.00 0% EQUIPMENT LEASE/RENTAL 2,700.00 1,689.86 63%
CAPITAL OUTLAY/OTHER 5,000.00 5,329.94 - - - -
INTEREST
TRANSFERS OUT 315,126.18 0%
TOTAL EXPENSES 1,235,888.83 508,022.87 41% 207,069.48 77,941.62 38% 230,999.70 85,395.43 37% 41,122.00 259.88 1% 37,940.77 27,276.81 72% REVENUE 1,020,086.19 469,496.41 46% 207,069.48 27,966.86 14% 230,999.70 - 0% 41,182.00 14,398.38 35% 750.00 35.67 5% EXPENDITURES 1,235,888.83 508,022.87 41% 207,069.48 77,941.62 38% 230,999.70 85,395.43 37% 41,122.00 259.88 1% 37,940.77 27,276.81 72%
PRINCIPAL PAYMENTS
FACILITY FEE/SINKING FUND/LANDFILL CLOSURE FUND
(USE OF) OR INCREASE IN FUND BALANCE (215,802.64) (38,526.46) 0.00 (49,974.76) 0.00 (85,395.43) 60.00 14,138.50 (37,190.77) (27,241.14) 1 ATTACHMENT #2
21 CITY OF PORTOLA
2021-2022 BUDGET VERSUS YTD AS OF 12-31-2021 (Preliminary, coding changes may apply) YEAR % YTD YEAR % YTD YEAR % YTD YEAR
TO DATE TO DATE SOLID TO DATE TO DATE
WATER SEWER WASTE
ACCOUNT/FUND 710 720 730 TOTAL TOTAL
REVENUE 913,500.00 425,549.11 47% 686,500.00 295,821.61 43% 261,500.00 131,712.78 50% 3,056,461.19 1,364,980.82 INTERFUND TRANSFERS 305,126.18 -
- -
PERSONNEL 307,599.63 155,045.04 50% 274,015.60 145,735.85 53% 35,856.79 20,011.23 56% 1,062,961.18 578,621.87 POSTAGE 4,000.00 2,085.30 52% 4,000.00 1,897.80 47% 1,700.00 547.78 32% 15,200.00 6,113.98
BOOKS & SUBS - -
GAS & ELECTRIC 5,000.00 781.21 16% 22,000.00 4,929.49 22% 61,000.00 22,593.58 TELEPHONE 5,000.00 2,082.99 42% 4,000.00 1,689.47 42% 17,050.00 8,098.89 MATERIALS AND SUPPLIES 20,000.00 4,217.70 21% 22,000.00 6,079.73 28% 5,000.00 2,134.01 43% 94,200.00 35,240.55 EQUIP REPAIR/MAINT 7,000.00 3,926.23 56% 20,000.00 6,085.34 30% 1,000.00 574.06 57% 60,000.00 22,938.99 VEHICLE REPAIR/MAINT 5,000.00 581.03 12% 5,500.00 424.14 8% 191.12 30,500.00 8,595.63 VEHICLE FUEL 5,500.00 4,810.27 87% 5,500.00 2,842.79 52% 24,000.00 16,355.32 LEGAL FEES 11,700.00 3,542.69 30% 11,700.00 3,542.69 30% 1,000.00 - 99,400.00 36,069.50 INSURANCE 15,071.23 18,576.03 123% 30,016.54 35,417.42 118% 3,978.24 4,150.83 104% 100,549.61 111,333.90 PROFESSIONAL SVSC 50,000.00 3,455.33 7% 80,000.00 6,036.22 8% 10,000.00 4,680.00 47% 296,690.00 97,533.38 ADVERTISING/NOTICES 1,400.00 150.87
CODE REFERENCE UPDATE 1,700.00 75.00 4% 1,700.00 75.00 4% 8,100.00 2,024.00 CIVIC PROMO & MARKETING 8,500.00 14,347.50
CONFERENCE/TRAVEL 4,000.00 -
DUES/MEMBERSHIPS 2,800.00 2,318.56 83% 1,200.00 198.43 17% 7,350.00 2,843.99 BUILDING EXPENSE 3,000.00 639.22 21% 1,500.00 441.90 29% - 14,250.00 1,303.99 STREET REPAIR 101,122.00 1,233.20
ACCOUNTING FEES 15,599.83 7,800.00 50% 13,200.00 6,600.00 50% 4,800.00 2,400.00 50% 60,500.14 30,000.00 AUDITING FEES 8,640.00 6,993.00 81% 8,640.00 6,993.00 81% 2,880.00 2,331.00 81% 32,620.00 25,900.00 TRAINING/EDUCATION 800.00 0% 800.00 0% 1,600.00 -
WATER AND SEWER 700.00 140.79 20% 660.00 332.41 50% 65,410.00 30,890.46 COMMUNICATION EXPENSE 400.00 167.46 42% 700.00 334.75
OTHER EXPENSE/SEE ATTACHED 335,800.00 110,404.11 33% 102,300.00 19,706.44 19% 75,000.00 39,529.75 53% 818,349.53 292,099.12 EQUIPMENT LEASE/RENTAL 2,000.00 1,635.79 82% 15,000.00 563.26 4% 19,700.00 3,888.91 CAPITAL OUTLAY/OTHER 30,000.00 933.06 3% 40,000.00 - 0% 75,000.00 6,263.00 INTEREST 37,150.00 18,570.70 50% 37,150.00 18,570.70
TRANSFERS OUT 315,126.18 -
- -
TOTAL EXPENSES 874,460.69 348,781.51 40% 663,732.14 249,591.38 38% 141,215.03 76,549.78 54% 3,432,428.64 1,373,819.28 REVENUE 913,500.00 425,549.11 47% 686,500.00 295,821.61 43% 261,500.00 131,712.78 50% 3,361,587.37 1,364,980.82 EXPENDITURES 874,460.69 348,781.51 40% 663,732.14 249,591.38 38% 141,215.03 76,549.78 54% 3,432,428.64 1,373,346.08 PRINCIPAL PAYMENTS 32,000.00 100,000.00 132,000.00 -
- -
FACILITY FEE/SINKING FUND/LANDFILL CLOSURE FUND 45,835.00 45,835.00 - (USE OF) OR INCREASE IN FUND BALANCE (38,795.69) 76,767.60 22,767.86 46,230.23 20,284.97 55,163.00 (248,676.27) (8,838.46) 2 ATTACHMENT #2
22 CITY OF PORTOLA
2021-2022
OTHER EXPENSES
OTHER EXPENSE AS OF 12-31 %
GENERAL FUND (100)
ANIMAL CONTROL 6,000.00 - 0%
BANK CHARGES 2,000.00 1,048.95 52%
CITY PARK IMPROVEMENTS
CITY WEB PAGE 2,000.00 669.60 33%
WILLIAMS HOUSE WEB PAGE 400.00 169.65 42%
CODE ENFORCEMENT 15,000.00 8,580.00 57%
EVENTS - CONCERTS IN THE PARK 7,000.00 4,535.00 65%
ELECTRIC CHARGING STATION -
ELECTION SUPPLIES
SB2 GRANT - 37,701.53
LAFCO 47,199.53 47,199.53 100%
LOST AND FOUND RACE
MEDICAL AND PHYSICALS 500.00 0%
MISCELLANEOUS
POOL CONCESSION SUPPLIES 2,500.00 1,516.86 61%
REFUSE COLLECTION 2,150.00 2,218.66 103%
SHERIFF CONTRACT 130,000.00 - 0%
SHERIFF SUB-STATION
TAX ADMINISTRATION FEES 7,000.00 - 0%
TECHNICAL SUPPORT 2,500.00 2,800.29 112%
WOODSTOVE CHANGEOUT 135.66
TOTAL 224,249.53 106,575.73 48%
GAS TAX SECTION 2107/2107.5 (FUND 207)
STREET LIGHTING 50,000.00 15,883.09 32%
TOTAL 50,000.00 15,883.09 32%
SNOW REMOVAL (FUND 208)
PRIVATE CONTRACTORS 30,000.00 0%
PROPERTY DAMAGE 1,000.00 0%
TOTAL 31,000.00 - 0%
ATTACHMENT #3
23 1
CITY OF PORTOLA
2021-2022
OTHER EXPENSES
OTHER EXPENSE AS OF 12-31 %
CDBG (FUND 215)
WATER FUND (710)
LAKE DAVIS WTP 93,500.00 33,855.41 36%
PERMIT FEES 6,000.00 679.67 11%
REFUSE COLLECTION 3,300.00 1,253.04 38%
TECH SUPPORT 5,000.00 4,783.81 96%
TESTING WATER 18,000.00 4,302.32 24%
WATER LINE REPAIRS 30,000.00 9,209.91 31%
WATER METERS 30,000.00 - 0%
WATER PURCHASE 150,000.00 56,319.95 38%
BAD DEBT - -
TOTAL 335,800.00 110,404.11 33%
SEWER FUND (720)
LEGAL OTHER -
PERMIT FEES 9,000.00 2,000.00 22%
REFUSE COLLECTION 3,300.00 869.85 26%
SEWER LINE REPAIRS 10,000.00 3,073.98 31%
SYSTEM MAINT/SEWER POND 50,000.00 3,014.63 6%
TECH SUPPORT 5,000.00 4,083.74 82%
TESTING SEWER 25,000.00 6,664.24 27%
BAD DEBT
TOTAL 102,300.00 19,706.44 19%
SOLID WASTE (730)
PERMIT FEES 30,000.00 25,580.00 85%
POST-CLOSURE CARE COSTS 20,000.00 9,949.75 50%
TESTING LANDFILL 25,000.00 4,000.00 16%
RECYCLING GRANT EXPENDITURES
BAD DEBT - -
TOTAL 75,000.00 39,529.75 53%
ATTACHMENT #3
24 2
CITY OF PORTOLA
2021-2022
CAPITAL OUTLAY/ OTHER OTHER EXPENSES AS OF 12-31 %
GENERAL FUND (100)
WILLIAMS HOUSE REPAIR 5,329.94
FIRE HOUSE ROOF 5,000.00
TOTAL 5,000.00 5,329.94 107%
SPECIAL REVENUE FUNDS
TOTAL - -
WATER FUND
UPDATED SCADA 15,000.00 0%
HYDRANTS 15,000.00 0%
TOTAL 30,000.00 - 0%
SEWER FUND
SEWER UPGRADES FOR NPDES PERMITTING 25,000.00 0%
UPDATED SCADA 15,000.00 0%
TOTAL 40,000.00 - 0%
SOLID WASTE FUND
MACHINERY & EQUIPMENT
RESERVES
GENERAL FUND
TRAFFIC IMPACT FEES
WATER FUND
FACILITY FEES RESERVE
LD WTP MAINTENANCE RESERVE 45,835.00
SEWER FUND
WASTEWATER CAPITAL RESERVE FUND
FACILITY FEES RESERVE
ATTACHMENT #3
25 3
ATTACHMENT #4
DRAFT 2022-2023 Budget Schedule
Council-Staff Goals Discussion during Council meeting ** February 9 Budget Worksheets to staff February 23
Current Level of service Budgets due from staff March 23 Finance Department -
Evaluation of Current Level of Service Budget March 24 - April 22 New Project – Capital Project Requests due from City Staff April 6 Public Comment to City Council re: Budget Preparation ** March 23 Public Comment to City Council re: Budget Preparation ** April 13 Finance Department Delivers Proposed Budget to City Manager May 2
Draft of Year 2022-2023 Budget Delivered to City Council For Review May 11
City Council Budget Work Sessions/Presentations by Staff ** May 18 3:00 pm City Council Budget Work Session (if needed) ** May 25
Proposed 2022-2023 FY Budget Submitted to City Council
And Filed with City Clerk for Public Review June 3
2022-2023 FY Proposed Budget, Public Hearing ** June 8
City Council Adopts Final 2022-2023 FY Budget ** June 22 Note: (**) denotes City Council involvement in budget review process 26 CITY COUNCIL AGENDA STAFF REPORT
DATE: January 19, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Lauren Knox, City Manager
MEETING: January 26, 2022
SUBJECT: NSAQMD MOU
Background:
In March of 2016, Council approved of a Memorandum of Understanding (MOU) between the City of Portola and the Northern Sierra Air Quality Management District (NSAQMD) as part of the wood stove changeout program. The MOU was initially drafted to allow the District to implement the Wood Stove Change-out Program. It also allows for the City to process the applicable permits for the change out, and destroy the non-compliant stoves as a service, which is then reimbursed by the NSAQMD.
NSAQMD staff approached City staff regarding the need to renew the MOU. The draft MOU is attached, which updates the dates and rates utilized for reimbursement.
Recommendation:
Approve of the MOU and authorize staff to execute on behalf of the City.
Attachments:
Attachment 1 – MOU between the City of Portola and NSAQMD 27 [This page left intentionally blank]
28 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PORTOLA
AND
THE NORTHERN SIERRA AIR QUALITY MANAGEMENT DISTRICT
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into this _____________________, by the CITY OF PORTOLA (“City”) and the NORTHERN SIERRA AIR QUALITY MANAGEMENT DISTRICT (“NSAQMD”) to allow the District to jointly implement a Wood Stove Change-out Program (“Program”) in the Greater Portola Federal NonAttainment Area to help achieve air quality attainment status.
WHEREAS, the United States Environmental Protection Agency (USEPA) has found that the Greater Portola Federal Non-Attainment Area of the NSAQMD has remained an air quality non-attainment area for years; and
WHEREAS, NSAQMD applied to USEPA and received grant funding (2018 Targeted AirShed Grant) to implement a wood stove change-out program in the area; and WHEREAS, City has the authority, capability and workforce to process applicable permits for the wood stove change-out and receive the non-compliant stove in accordance with state and federal law; and
WHEREAS, City further has the capacity to cause the non-compliant stove to be made useless and destroyed, and collected for final disposition and recycling; and WHEREAS, NSAQMD has identified City as capable of the tasks presented; and WHEREAS, NSAQMD Board of Directors and Portola City Council respectively and separately authorized the establishment of an MOU between the two entities, and for City to provide services to NSAQMD, and for NSAQMD to pay City for services provided.
NOW THEREFORE, in consideration of the promises and covenants set forth herein, the parties agree as follows:
1. Scope of Services
1.1 City agrees to provide services related to NSAQMD’s Program as requested by NSAQMD. Those services may include, but are not limited to, the following:
a) Issuing woodstove permit for the installation of new, compliant heating devices within the City limits of the City of Portola. The permit and final inspection fee is paid directly to the City by District-approved heating device retailer/installer. 29 b) Accepting and storing removed, non-compliant heating device into the City’s designated repository.
c) Destroying non-compliant heating device and ensuring destroyed device goes to a metal recycler.
d) Maintaining an accurate record of the destruction of non-compliant heating device processes including before and after photos and a Verification of Destruction form. e) Providing copies of all permitting and destruction photos and documentation to NSAQMD.
1.2 City will log the activities performed at the request of NSAQMD or as is required for the completion of work on the Program in an administrative logbook. The administrative logbook will include a description of the activity, from request of permit to final disposition of the non-compliant heating device, and time spent in process.
Copies of the log book pages will be submitted to NASQMD as support documentation for the NSAQMD’s billing statements.
1.3 City will perform work with the thoroughness and competence that would be expected of an experienced and knowledgeable air pollution control district staff member. City staff shall conduct themselves in a professional manner and behave in a manner that is courteous and respectful of the public.
2. Geographic Area of Service for the Collection and Destruction of Woodstoves City will provide for the destruction of woodstoves throughout the Greater Portola Federal NonAttainment Area. A map of the Program area is attached as Exhibit A.
3. Payment
3.1 NSAQMD agrees to reimburse City for the services covered by this Agreement at the City’s hourly reimbursement rate:
• Maintenance Worker $37/hour
• Office Clerk ($24.13/hour)
• Building Inspector $24/hour (this is for any services provided above and beyond the permit fee paid by the heating device retailer/installer) Any potential increases in the hourly rate must be authorized by NSAQMD in writing, thirty (30) days in advance of said increase. NSAQMD will also provide for equipment necessary, or provide reimbursement to City, to complete the Program, as authorized by NSAQMD. The maximum sum payable under this MOU for the five years of the grant (May 1, 2020 – April 30, 2025) is $17,700. The amount paid to City shall constitute full payment for all services set forth herein. City shall not be reimbursed for any additional expenses incurred beyond this maximum amount without prior written 30 agreement by the NSAQMD. The City will not be required to provide services when those services will not be reimbursed.
3.2 City shall bill NSAQMD not more often than quarterly based upon the time spent on services rendered for that quarterly billing period. City agrees to provide a detailed invoice, including copies of timecards, separating charges as assigned to various tasks of field work and administration to NSAQMD by the fifteenth day following the end of the quarter. NSAQMD agrees to pay City within thirty (30) days of receipt of invoice.
3.3 NSAQMD retains the right to require proof of services performed or costs incurred prior to any payment under this Agreement.
4. Agreement Period
4.1 The conditions of this agreement shall remain in effect on a year round basis with an effective date upon the final signatures by both parties.
4.2 This agreement may be canceled by either party upon serving thirty (30) days notice in writing to the other party.
4.3 This agreement shall be in effect until cancelled and may be amended by the further agreement of both parties.
5. City Employees
5.1 City employees shall perform the duties outlined in this MOU as City Employees, and not as employees of NSAQMD. City acknowledges that City is not entitled to any of NSAQMD’s fringe benefits, including without limitation, paid holidays, life insurance, sick leave, or travel or any other expenses in connection with services performed hereunder.
5.2 Hiring and Supervision. The responsibility for hiring and supervision of all City employees, including establishing standards of performance, assignment of personnel, maintaining discipline, determining training required, maintaining personnel files, and other matters relating to the performance of services and control of personnel shall remain with the City.
5.2 The City and District agree that neither Party is an agent or employee of the other Party for any purpose and is not entitled to any of the benefits provided by any Party to its employees. This MOU shall not be construed as forming a partnership or any other association or agency among the City and Department.
6. Ownership of Documents
31 City agrees to provide copies to NSAQMD, upon termination of this Agreement, all documents, drawings, photographs, and other written or graphic material, however produced, received from NSAQMD and used by City in the performance of its services hereunder. All work papers, drawings, internal memoranda, graphics, photographs, and any written or graphic material, however produced, prepared by City in connection with its performance of services hereunder shall be, and shall remain after termination of this Agreement, the property of NSAQMD and may be used by the NSAQMD for any purpose whatsoever. NSAQMD agrees that any future use of documents produced by City under the terms of this Agreement shall be at the sole discretion of the NSAQMD and City shall bear no liability for the decisions on whether and how to use such documents.
7. Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any suit, action, or proceeding brought under the scope of this Agreement shall be brought and maintained to the extent allowed by law in the County of Plumas, California.
8. Hold Harmless
8.1 NSAQMD agrees to defend, indemnify and hold harmless City, its directors, officers, servants and agents for any and all reasonable expenses, claims, liabilities, lawsuits and judgments which may occur as a result of any negligent willful acts or omissions on the part of City, or its directors, officers, employees, and agents, in any way connected with the performance of its duties and obligations pursuant to the Agreement. This provision shall survive any termination of the Agreement.
8.2 City agrees to defend, indemnify and hold harmless the NSAQMD, its directors, officers, servants and agents for any and all reasonable expenses, claims, liabilities, lawsuits and judgments which may occur as a result of any negligent willful acts or omissions on the part of NSAQMD, or its directors, officers, employees, and agents, in any way connected with the performance of its duties and obligations pursuant to this Agreement. This provision shall survive any termination of this Agreement.
8.3 Each party shall be financially responsible for all damages and losses caused by the negligent or willful misconduct of that Party, its officers, and employees.
8.4 Neither Party shall be liable to the other Party for any loss, damage, liability, claim or cause of action for damage to or destruction of property or for the injury to or death of persons arising solely from any act or omission of the other Party’s officers, agents, or employees.
8.5 A Party against whom any claim arising from any subject matter of this MOU is filed shall give prompt written notice of the filing of the claim to the all other Party.
9. Notices
32 9.1 All notices relative to this MOU shall be given in writing and shall be personally served or sent by certified mail and become effective upon receipt. The Parties shall be addressed as follows, or at any other address designated by notice:
City: City Manager
PO Box 1225
Portola, CA 96122
NSAQMD: Air Pollution Control Officer
200 Litton Dr., #320
Grass Valley, CA 95945
IN WITNESS WHEREOF, the Parties hereto have caused this Memorandum of Understanding to be executed, the day and year first-above written.
Northern Sierra Air Quality Management District
___________________________ _______________
Air District Board, Chair Date
___________________________ _______________
Gretchen Bennitt Date
Air Pollution Control Officer
City of Portola
____________________________ _______________
Date
City Manager
33 [This page left intentionally blank]
34 CITY COUNCIL AGENDA STAFF REPORT
DATE: January 20, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Lauren Knox, City Manager
MEETING: January 26, 2022
SUBJECT: COVID-19 Update
______________________________________________________________________________ Background
The City Council must review the Emergency Proclamation related to COVID-19 for its’ continuance.
Emergency Proclamation
The emergency proclamation was ratified by the Council on March 20th, 2020. As part of the proclamation, the Council reviewed regularly for the need for its continuance.
A verbal update will be provided for Council’s consideration and discussion. Council should discuss these matters and provide any necessary direction to staff.
Recommendation:
Discuss the COVID-19 situation and provide direction regarding the City’s response. Discussion and possible action.
Attachments:
Attachment 1 – COVID-19 Emergency Proclamation
35 Attachment 1
36 Attachment 1
37 Attachment 1
38 Attachment 1
39