Agenda packet — Portola City Council, April 10, 2024

1 City of Portola
AGENDA
Regular Meeting
April 10, 2024 06:00 PM
35 Third Ave, Portola, CA 96122
https://www.cityofportola.com/
https://zoom.us/j/3583067836
Mayor Pat Morton • Mayor Pro-Tem Jim Murphy • Councilmember Bill Powers • Councilmember Stan Peiler • Councilmember Leah Turner

REASONABLE ACCOMMODATIONS
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. at the City Hall Council Chambers. Your interest and participation is encouraged and welcome.

As a courtesy, the City Council meeting is also 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. Online and telephonic access does not guarantee the public the ability to observe the meeting in the event there is a disruption or connectivity issues that affect broadcasting.

Members of the public who want to be assured that they have the ability to observe the meeting and make comment during the meeting, should attend the meeting in-person.

Any person desiring to address the City Council or any committee, commission or agency under the jurisdiction of the City Council, on any item not on the agenda may do so during public comment period. Public comment during the meeting will be accepted in person only.

Public Comment can be made by clicking on the"comment"section directly from the agenda, next to each agenda item.

Public comment will also be accepted via email sent to Deputy City Clerk, at [email protected] which if received at least 24 hours prior to commencement of the meeting will be distributed to the Council and posted to the City’s website prior to the meeting.

Meeting facilities are accessible to persons with disabilities. Reasonable efforts will be made to accommodate the 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.

1. Call to Order
A. Pledge of Allegiance
B. Roll Call
2 2. Public Comments
Discussion 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.

3. CITY COMMUNICATIONS
Discussion Comment
A. City Council Communications / Committee Reports
B. Staff Communications / Fire Report / Sheriff's Report / Air Quality Report C. City Manager's Report

4. Consent Agenda
Discussion Possible Action Comment View Item
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. Claims- Adopt Resolution No. 2571 authorizing payment of claims for the period of March 28th, 2024 though April 10th, 2024.

Accounts Payable: $73,262.66
Payroll: $31,676.88
Total: $104,939.54
AP Check Run #45754 - 45793
Payroll Check Run #17338
3 Payroll Direct Deposits

5. Public Comment – 2024/2025 Budget Preparation
Discussion Possible Action Comment
Receive public comment relating to the preparation of the 2024/2025 City Budget. Provide direction to staff

6. Interim City Manager Contract Proposal - Susan Scarlett Discussion Possible Action Comment View Item
Review the proposed contract with Susan Scarlett for the Interim City Manager position. 3 7. Adjournment
Resolution No. 2571 April 10, 2024
RESOLUTION NO. 2571

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTOLA

AUTHORIZING PAYMENT OF CLAIMS FOR THE PERIOD
MARCH 28, 2024 THROUGH APRIL 10, 2024.

ACCOUNTS PAYABLE
CHECK RUN: 45754 – 45793

PAYROLL
CHECK NUMBER: 17338
3 DIRECT DEPOSITS

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: $ 73,262.66
PAYROLL: $ 31,676.88
TOTAL: $104,939.54
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 10th day of April, 2024 by the following vote:

AYES: _______________________
NOES:________________________
ABSTAIN: ____________________
ABSENT: ____________________
Pat Morton, Mayor
ATTEST:

Jason Shaw, Deputy City Clerk
I, Jason Shaw, 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 April 10, 2024.

Jason Shaw, Deputy City Clerk
4/02/2024 10:41 AM DIRECT PAYABLES CHECK REGISTER PAGE: 1 PACKET: 00365 4.2.2024 UB DEP REFUND CH
VENDOR SET: 01 CITY OF PORTOLA **** CHECK LISTING ****
BANK: PC POOLED CASH - PLUMAS

CHECK CHECK CHECK CHECK
VENDOR I.D. NAME TYPE DATE DISCOUNT AMOUNT NO# AMOUNT
------------------------------------------------------------------------------------------------------------------------------------ 1 CAROL OR DOROTHY SHEPARD
I-202404022177 UB R 4/10/2024 109.73 045754 109.73
* * B A N K T O T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 1 0.00 109.73 109.73
HANDWRITTEN CHECKS: 0 0.00 0.00 0.00
PRE-WRITE CHECKS: 0 0.00 0.00 0.00
DRAFTS: 0 0.00 0.00 0.00
VOID CHECKS: 0 0.00 0.00 0.00
NON CHECKS: 0 0.00 0.00 0.00
CORRECTIONS: 0 0.00 0.00 0.00
BANK TOTALS: 1 0.00 109.73 109.73
4/02/2024 10:41 AM DIRECT PAYABLES CHECK REGISTER PAGE: 2 PACKET: 00365 4.2.2024 UB DEP REFUND CH
VENDOR SET: 01 CITY OF PORTOLA **** CHECK LISTING ****
BANK: ALL
** REGISTER GRAND TOTALS *
* * T O T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 1 0.00 109.73 109.73
HANDWRITTEN CHECKS: 0 0.00 0.00 0.00
PRE-WRITE CHECKS: 0 0.00 0.00 0.00
DRAFTS: 0 0.00 0.00 0.00
VOID CHECKS: 0 0.00 0.00 0.00
NON CHECKS: 0 0.00 0.00 0.00
CORRECTIONS: 0 0.00 0.00 0.00
REGISTER TOTALS: 1 0.00 109.73 109.73
** POSTING PERIOD RECAP **

FUND PERIOD AMOUNT
-----------------------------------------
710 4/2024 109.73CR
===========================================
ALL 109.73CR
TOTAL ERRORS: 0 TOTAL WARNINGS: 0
4/04/2024 12:52 PM DIRECT PAYABLES CHECK REGISTER PAGE: 1 PACKET: 00369 AP RUN 4.10.2024
VENDOR SET: 01 CITY OF PORTOLA **** CHECK LISTING ****
BANK: PC POOLED CASH - PLUMAS

I-202404042189 CONTRACT SNOW REMOVAL R 4/10/2024 36,562.50 045767 36,562.50 0090 GRAINGER INC
I-202404042181 MATERIALS & SUPPLIES R 4/10/2024 250.77 045768 250.77 0101 HUNT & SONS, INC.

I-202404042193 HEATING OIL WH R 4/10/2024 504.82 045769 504.82 4/04/2024 12:52 PM DIRECT PAYABLES CHECK REGISTER PAGE: 2 PACKET: 00369 AP RUN 4.10.2024
VENDOR SET: 01 CITY OF PORTOLA **** CHECK LISTING ****
BANK: PC POOLED CASH - PLUMAS

CHECK CHECK CHECK CHECK
VENDOR I.D. NAME TYPE DATE DISCOUNT AMOUNT NO# AMOUNT
------------------------------------------------------------------------------------------------------------------------------------ 0103 IEDA
I-202404042196 LABOR RELATIONS CONSULTING R 4/10/2024 253.89 045770 253.89 0106 INTERNATIONAL CODE COUNCIL
I-202404042213 MEMBERSHIP DUES R 4/10/2024 160.00 045771 160.00 0111 JEFFERSON SUPPLY COMPANY
I-202404042188 BUILDING AND IMPROVEMENTS R 4/10/2024 299.23 045772 299.23 0118 KANSAS LIFE INSURANCE CO
I-202404042200 EMPLOYEE LIFE INSURANCE R 4/10/2024 88.18 045773 88.18 0120 KEN GRADY COMPANY, INC.

I-202404042182 SEWER EQUIP REPAIR R 4/10/2024 153.96 045774 153.96 0129 LEAGUE OF CALIFORNIA CITIES
I-202404042217 MEMBERSHIP DUES R 4/10/2024 1,614.00 045775 1,614.00 0132 LEWISPORT USA
I-202404042183 STREET MATERIALS & SUPPLIES R 4/10/2024 692.94 045776 692.94 0133 LIBERTY UTILITIES
I-202404042179 CITY ELECTRIC R 4/10/2024 6,008.47 045777 6,008.47 0141 MCI MEGA PREFERRED
I-202404042204 800 LONG DISTANCE CHARGES R 4/10/2024 63.31 045778 63.31 0148 NAPA SIERRA
I-202404042208 MATERIALS & SUPPLIES R 4/10/2024 407.58 045779 407.58 0174 PLANWEST PARTNERS INC
I-202404042209 FEASIBILITY STUDY R 4/10/2024 425.50 045780 425.50 0175 PLUMAS ACE HARDWARE INC
I-202404042202 MATERIALS & SUPPLIES R 4/10/2024 1,419.85 045781 1,419.85 0184 PLUMAS SIERRA RURAL ELECTRIC
I-202404042194 LDWTP ELECTRIC R 4/10/2024 1,553.90 045782 1,553.90 0185 PLUMAS SIERRA TELECOMMUNICAT
I-202404042195 INTERNET SERVICES R 4/10/2024 387.00 045783 387.00 0198 RENO HYDRAULIC & REBUILD, INC
I-202404042203 SNOW EQUIP REPAIR R 4/10/2024 17.58 045784 17.58 4/04/2024 12:52 PM DIRECT PAYABLES CHECK REGISTER PAGE: 3 PACKET: 00369 AP RUN 4.10.2024
VENDOR SET: 01 CITY OF PORTOLA **** CHECK LISTING ****
BANK: PC POOLED CASH - PLUMAS

CHECK CHECK CHECK CHECK
VENDOR I.D. NAME TYPE DATE DISCOUNT AMOUNT NO# AMOUNT
------------------------------------------------------------------------------------------------------------------------------------ 0218 SILVER STATE ANALYTICAL
I-202404042185 WATER/WASTEWATER TESTING R 4/10/2024 2,899.00 045785 2,899.00 0231 SUCCEED.NET
I-202404042212 WEB HOSTING R 4/10/2024 67.85 045786 67.85 0246 TYLER TECHNOLOGIES, INC
I-202404042216 INCODE FEES R 4/10/2024 4,978.66 045787 4,978.66 0253 US BANCORP
I-202404042211 CITY CREDIT CARD CHARGES R 4/10/2024 1,450.34 045788 1,450.34 0256 USA BLUE BOOK INC
I-202404042190 SEWER MATERIALS & SUPPLIES R 4/10/2024 416.76 045789 416.76 0260 VERIZON WIRELESS
I-202404042199 WIRELESS PHONES R 4/10/2024 442.61 045790 442.61 0260 VERIZON WIRELESS
I-202404042201 LDWTP DATA PLAN R 4/10/2024 108.05 045791 108.05 0260 VERIZON WIRELESS
I-202404042210 CITY LANDLINE R 4/10/2024 525.18 045792 525.18 0264 WESTERN NEVADA SUPPLY
I-202404042186 WATER LINE REPAIR R 4/10/2024 296.11 045793 296.11 * * B A N K T O T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 39 0.00 73,152.93 73,152.93
HANDWRITTEN CHECKS: 0 0.00 0.00 0.00
PRE-WRITE CHECKS: 0 0.00 0.00 0.00
DRAFTS: 0 0.00 0.00 0.00
VOID CHECKS: 0 0.00 0.00 0.00
NON CHECKS: 0 0.00 0.00 0.00
CORRECTIONS: 0 0.00 0.00 0.00
BANK TOTALS: 39 0.00 73,152.93 73,152.93
4/04/2024 12:52 PM DIRECT PAYABLES CHECK REGISTER PAGE: 4 PACKET: 00369 AP RUN 4.10.2024
VENDOR SET: 01 CITY OF PORTOLA **** CHECK LISTING ****
BANK: ALL
** REGISTER GRAND TOTALS *
* * T O T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 39 0.00 73,152.93 73,152.93
HANDWRITTEN CHECKS: 0 0.00 0.00 0.00
PRE-WRITE CHECKS: 0 0.00 0.00 0.00
DRAFTS: 0 0.00 0.00 0.00
VOID CHECKS: 0 0.00 0.00 0.00
NON CHECKS: 0 0.00 0.00 0.00
CORRECTIONS: 0 0.00 0.00 0.00
REGISTER TOTALS: 39 0.00 73,152.93 73,152.93
** POSTING PERIOD RECAP **

FUND PERIOD AMOUNT
-----------------------------------------
100 4/2024 11,794.44CR
207 4/2024 2,032.08CR
208 4/2024 39,247.44CR
710 4/2024 9,625.13CR
720 4/2024 9,582.47CR
730 4/2024 871.37CR
===========================================
ALL 73,152.93CR
TOTAL ERRORS: 0 TOTAL WARNINGS: 0
{01154129.DOCX 1 }

CITY OF PORTOLA

INTERIM CITY MANAGER

EMPLOYMENT AGREEMENT
This Agreement made this 10th day of April 2024, between the CITY OF PORTOLA, Plumas County, California, herein referred to as “Employer”, and SUSAN SCARLETT, herein referred to as “Employee”. Employer and Employee may also be referred to herein as “Party” or “Parties”.

Employee is willing to be employed by Employer, and Employer is willing to employ Employee, on the terms, conditions, and in consideration of the mutual covenants and promises of the Parties, as hereafter set forth.

1. TERM.

Employer hereby employs Employee as Interim City Manager of the City of Portola and Employee hereby accepts and agrees to the employment and agrees to serve and perform in that capacity as directed by the City Council of the City of Portola. This Agreement shall be in effect beginning on the 1
st day of April 2024, the “Effective Date” for a period of six months and ending on the 30
th day of September 2024, unless the City has not hired and onboarded a new regular City Manager by the 30th day of September 2024, in which case this Agreement shall continue to be in effect on a month-to-month basis thereafter until the City has hired and onboarded a new regular City Manager. This Agreement may be extended, renewed or terminated by mutual agreement of the Parties.

2. TERMINATION OF EMPLOYMENT.
(a) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Employer to terminate the services of Employee or this Agreement, at any time for any reason during the Term of this Agreement.
(b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign, at any time, from her position with the City. {01154129.DOCX 1 }
(c) The Parties acknowledge that applicable laws, statutes, ordinances, policies and regulations may prescribe specific procedures to be followed by either Party in the event a decision is made to terminate the employment relationship.
(d) In the event Employee voluntarily resigns her position with Employer, the Employee shall give Employer sixty (60) days’ notice, in advance.

3. SEVERANCE PAY.

Employee is not entitled to any severance pay upon termination of the employment relationship, regardless of whether the Employer or Employee terminated the employment or whether the termination was for cause or without cause.

4. DESCRIPTION OF EMPLOYEE’S DUTIES.

Subject to the supervision and pursuant to the orders, advice, and direction of the City Council, Employee shall perform the duties prescribed by the Employer, those of the City Manager as set forth in the Portola Municipal Code and those prescribed by the laws of the State of California and shall perform such other duties as are customarily performed by one holding such position of the same or similar nature as that engaged in by Employer. Employee shall additionally render such other and unrelated services and duties as may be assigned to Employee from time to time by Employer.

5. MANNER OF PERFORMANCE OF EMPLOYEE’S DUTIES.

Employee shall at all times faithfully, industriously, and to the best of her ability, experience, and talent, perform all duties that may be required pursuant to the express and implicit terms hereof in compliance with the City of Portola ordinances and policies and applicable state and federal law, to the satisfaction of Employer. Such duties shall be rendered at Quincy and Portola and at such other place or places as Employer and Employee agree.

6. COMPENSATION; REIMBURSEMENT.
(a) Employer shall pay Employee and Employee agrees to accept from Employer, in full payment for Employee’s services as described herein, the sum of Ten Thousand Dollars ($10,000.00) {01154129.DOCX 1 }
per month, less withholdings and taxes required by law, payable on the first scheduled pay day of each month at the same time other monthly salaried City employees are paid, starting April 2024. (b) Employee shall be entitled to the reimbursement of expenses necessarily incurred by her in the discharge of her duties in accordance with City policies. (c) Regardless of any City policy, Employee shall not earn or accrue any benefits except for those expressly set forth in the Agreement.

7. PERFORMANCE AND SALARY EVALUATION.

The Employer may review and evaluate the performance salary of the Employee periodically during the Term of this Agreement.

8. MISCELLANEOUS COVENANTS AND CONDITIONS.

Employee shall devote as much of her time, attention, knowledge, and skill to the City and interests of Employer necessary to fully and faithfully perform and discharge the duties of the Interim City Manager.

9. NON-DISCLOSURE OF INFORMATION CONCERNING BUSINESS.

Employee will not at any time, in any fashion, form, or manner, either directly or indirectly divulge, disclose, or communicate to any person, firm, or corporation in any manner whatsoever any information of any kind, nature, or description concerning any matters detrimentally affecting or relating to the business of the City without regard to whether any or all of the foregoing matters would be deemed confidential, material, or important.

10. CONTRACT TERMS TO BE EXCLUSIVE.

This written Agreement contains the sole and entire agreement between the Parties. It supersedes any and all other employment agreements between the Parties. The Parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this Agreement or any representations inducing the execution and delivery hereof except such representations as are specifically set forth herein, and each Party acknowledges that the Party has relied on its own judgment in entering into the Agreement. The Parties further acknowledge that any {01154129.DOCX 1 }
statements or representations that may have heretofore been made by either of them to the other are void and of no effect and that neither of them has relied thereon in connection with the dealings of the other.

11. WAIVER OF MODIFICATION.

No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the Party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the Parties arising out of or affecting this Agreement, or the rights or obligations of any Party hereunder, unless such waiver or modification is in writing duly executed as aforesaid. The provisions of this paragraph may not be waived except as herein set forth.

12. AGREEMENT GOVERNED BY LAWS OF THE STATE OF CALIFORNIA.

This Agreement and performance hereunder and all suits and special proceedings hereunder shall be construed in accordance with the laws of the State of California. In any action, special proceeding, or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of California shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which the action or special proceeding may be instituted. Any action to enforce or interpret the terms of this Agreement shall be commenced and maintained in the County of Plumas, California.

13. GENERAL PROVISIONS.

If any provision, or any portion thereof, contained in this Agreement is held unlawful, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. The Parties agree to immediately renegotiate any part or provision in this Agreement rendered or declared invalid.

15. BINDING EFFECT.
{01154129.DOCX 1 }
This Agreement shall be binding on and inure to the benefit of the respective Parties and their respective heirs, legal representatives, successors, and assigns.

Executed at Portola, California, on the date first above written.

Employer Employee

CITY OF PORTOLA
By: _______________________ _____________________________ Pat Morton, Mayor Susan Scarlett
Dated: Dated:

Approved as to Form:

Dated:_____________ _______________________________
Steven C. Gross, City Attorney

Portola City CouncilApril 10, 2024

Portola City Council
April 10, 2024