Exhibit A
C:/JAW/Sonoma/Personnel/Acting City Manager Contract.doc 5 276296.2
1) conviction of any criminal offense involving moral turpitude, provided that Employee may be placed on administrative leave without pay should she be charged with such a crime or crimes; 2) willful destruction, theft, misappropriation, or misuse of City property;
3) intoxification on duty, whether by alcohol or non-prescriptive drugs;
4) inexcusable absence;
5) dishonesty, fraud, or misconduct in office;
6) fraud or dishonesty in securing this appointment;
7) violation of State or federal discrimination laws concerning race, religious creed, color, national origin, ancestry, physical or mental disability, marital status, sex, or age concerning either members of the general public or City employees;
8) willful or unlawful retaliation against any other City official or employee or member of the general public who in good faith reports, discloses, divulges, or otherwise brings to the attention of any appropriate authority any facts or information relative to actual or suspected violations of any law occurring on the job or directly related thereto; or
9) refusal to comply with any lawful direction, decision or order given or made by a majority of the City Council.
c. If, upon the termination of this Agreement, Employee receives any cash settlement from the City related to that termination, the Employee shall fully reimburse the City the amount of said cash settlement if the Employee is convicted of a crime involving an abuse of the office of Interim City Manager. Said reimbursement shall be paid to the City within thirty (30) days after said conviction becomes final and is no longer subject to any appeal.
7. BONDING. City shall bear the full cost of any fidelity or other bond required of Employee as the Interim City Manager under any law or ordinance.
8. GENERAL PROVISIONS.
a. Notices. Any notice to be given by either party to the other shall be in writing and shall be considered delivered when transmitted either by personal delivery or by mail, registered or certified, postage pre-paid with return receipt requested and properly addressed as follows or by email (accompanied by delivery by first class, U.S. Mail (if by email, Agenda Item #6.1:
Exhibit A
C:/JAW/Sonoma/Personnel/Acting City Manager Contract.doc 6 276296.2
the notice shall be deemed received on the date sent provided that there is evidence that the notice was received on that date):
To City: Mayor & City Council, City of Sonoma
No. 1 The Plaza
Sonoma, CA 95476
www.cityofsonoma.org
With copy to: Jeffrey A. Walter, City Attorney
Colantuono Highsmith & Whatley
670 W. Napa St., Suite F
Sonoma, CA 95476
Phone: (707) 986-8065
Email address: [email protected]
To Employee: Susan Casey
121 Corte Del Prado
Walnut Creek, CA 94598__________
Email address: [email protected]
Phone: 707-337-3930
Any party may change her/its address for purposes of this section by giving the other party written notice of the new address in the manner •set forth above. b. Waiver. The waiver of any breach of any provision hereunder by either party to this Agreement shall not be deemed to be a waiver of any other provision or subsequent breach hereunder, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party marking the waiver. c. Construction of Terms. The language of all parts of this Agreement shall be construed according to their plain meaning and shall not be construed for or against either party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendment or exhibits hereto.
d. Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be unenforceable, void, or invalid, in whole or in part, for any reason, the remainder of this Agreement shall remain in full force and effect. In the event of such entire or partial invalidity, the parties hereto agree to enter into supplemental or other agreements to effectuate the intent of the parties and the purpose of this Agreement.
Agenda Item #6.1:
Exhibit A
C:/JAW/Sonoma/Personnel/Acting City Manager Contract.doc 7 276296.2
e. Controlling Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California, with venue proper only in the County of Sonoma, State of California.
f. Entire Agreement. This Agreement constitutes the entire Agreement between the parties pertaining to the employment of Employee by the City as its Interim City Manager and supersedes all prior and contemporaneous agreements, representations, promises and understanding of the parties, whether oral or in writing. No supplement, modification or amendment of this Agreement shall be binding, unless executed in writing by all parties and this Agreement may not be altered, amended, or modified by any other means. Each party waives their future right to claim, contend, or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreement, course of conduct, waiver, or estoppel. g. Other Terms and Conditions of Employment. The Council, in consultation with the Employee, may fix any such other terms and conditions of employment relating to the performance of the Employee, provided the terms or conditions do not conflict with the provisions of this Agreement.
h. Recitals Incorporated. The recitals are incorporated by this reference. i. Acting City Manager Contract Superseded. The Acting City Manager Employment Agreement dated as of the 16th of February 2022 by and between the Employee and City is hereby terminated and replaced with this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above.
CITY OF SONOMA
By: _________________________
Jack Ding, Mayor
EMPLOYEE
____________________________
Susan Casey
Approved as to form:
____________________________
Jeffrey A. Walter, City Attorn
Agenda Item #6.1:
City of Sonoma
Agenda Item Summary
Meeting: City Council - May 18 2022
Department
Administration & Planning
Staff Contact
Sue Casey, Acting City Manager
David A. Storer, AICP, Director,
Agenda Item Title
Discuss, Consider, and Take Possible Action to Adopt an Ordinance Amending Sonoma Municipal Code, Title 2 – Administration and Personnel, by 1) repealing Chapter 2.48 (Community Services and Environment Commission) and adding a new Chapter 2.48 (Parks, Recreation and Open Space Committee); and 2) Adding a new Chapter 2.50 (Climate Action Committee) and Amending Title 12 – Streets and Sidewalks, by amending Section 12.08.020 (S) of the Tree Ordinance. The proposed amendments are exempt from the California Environmental Act (CEQA) under Section 15061(b)(3) - General Rule - of the CEQA Guidelines
Summary
On September 10, 2021, the City Council conducted its annual retreat to discuss priorities and goals for the upcoming year. One of the priorities for Council was to review the roles and responsibility of City Commissions and Committees. Specifically, the Council wanted to reevaluate the Design Review and Historic Preservation Commission (DRHPC), Community Service and Environment Commission (CSEC), Traffic Safety Committee, and the Tree Committee. At the retreat, the City Council also directed staff to schedule a joint meeting with the CSEC to discuss, among other things, the role and responsibility of the CSEC.
On January 12, 2022, a joint City Council/CSEC meeting was held to discuss the current and future roles and responsibilities of the CSEC. Based on the discussions of the joint meeting, the City Council directed the CSEC to further discuss matters and make recommendations to the City Council, as needed.
At its February 9, 2022, meeting, the CSEC provided its recommendations to the City Council.
On February 16, 2022, the City Council continued this agenda item (without discussion) to March 2, 2022, where the City Council directed changes be made to the Municipal Code to dissolve the CSEC, create a new Parks, Recreation, and Open Space Committee and also create a new Climate Action Committee. They also directed that the Tree Committee responsibilities be added to the new Parks, Recreation, and Open Space Committee.
The attached Ordinance implements the direction of the City Council as shown below in the diagram:
Agenda Item #6.2:
NOTE: The Planning Commission or Design Review and Historic Preservation Commission would continue to make decisions (with relevant arborist reports), except without a recommendation from the Tree Committee.
Analysis:
Parks, Recreation, and Open Space Committee
The purpose of the parks, recreation and open space committee shall be to advise the City Council on matters related to the preservation and enhancement of the parks, recreational facilities, and open space under the jurisdiction of the City and shall be governed by Chapter
2.40 Sonoma Municipal Code, (SMC), and any rules and procedures established by City Council resolution. It shall be composed of seven members. Five of the committee members shall be voting members who will be qualified electors of the City, with each City Council member making one direct appointment to the committee. One non-voting member shall be an arborist certified by the International Society of Arboriculture and the other non-voting member shall be a youth member who will be at least 14 years of age, but no older than 18 years of age at the time of appointment. The two non-voting members shall be appointed by the City Council and shall be residents of the City or the greater Sonoma Valley, as defined by the Council Commission and Committee Appointment Policy.
The Parks, Recreation, and Open Space Committee shall act in an advisory capacity to the City Council in matters pertaining to:
1. The planning and implementation of new recreation facilities and services;
2. Open space acquisition and preservation;
3. The restoration of important habitat areas within the City;
4. Proposed improvements or modifications to existing street thoroughfares, including but not limited to sidewalk areas, City parks, cemeteries, trails, bikeways, and related facilities;
Agenda Item #6.2:
5. Policies related to the use of the Plaza and other City parks, not including review or approval of special event permits;
6. Policies and programs related to tree preservation and expanding tree planting opportunities in the City, including but not limited to public rights-of-way;
7. The functions of the tree committee under Chapter 12.08 SMC: and
8. Other duties and responsibilities as delegated by the City Council.
NOTE: The duties of the Tree Committee will transfer to the newly formed Parks, Recreation and Open Space Committee by adding a new definition on the Tree Ordinance that does so.
As the City begins to work on more comprehensive park and recreation projects, the PROS is the appropriate committee to provide advice and conduct public discussions, before matters come forward to City Council. The new PROS committee will continue to build on the work performed by the Recreation Task Force, which has been instrumental in the creation of the Recreation Service Provider Directory for Sonoma Valley - Phase 1 -Inventory Analysis, and the benchmarking against similar cities - Phase 3- City Parks and Recreation Benchmark Assessment, of the Recreation Task Force Work Plan, that was adopted by City Council on December 14, 2020. The newly formed PROS Committee will replace the Recreation Task Force, which was scheduled to sunset at the end of 2022, and will complete the Work Plan Phase 3 - City Parks and Recreation Benchmark Assessment and Phase 4 - Park & Recreation Master Plan.
Climate Action Committee
The Climate Action Committee shall serve as a technical advisory committee regarding matters related to climate action. It shall advise the City Council on issues related to reducing greenhouse gasses from the City’s municipal, residential, commercial, and industrial sectors and on adapting to climate change within the City’s jurisdiction.
The Climate Action Committee shall be governed by Chapter 2.40 SMC and any rules and procedures established by City Council resolution. It shall be composed of six members. Five of the committee members shall be voting members who will be qualified electors of the City, with each City Council member making one direct appointment to the committee. One nonvoting youth member shall be appointed by the City Council. The non-voting youth member shall be at least 14 years of age, but no older than 18 years of age at the time of appointment and shall be a resident of the City or the greater Sonoma Valley, as defined by the Council Commission and Committee Appointment Policy. Applicants who have professional background, expertise, or education in one or more of the following areas may be appointed to the committee: climate action, environmental science, energy efficiency, alternative transportation, environmental justice/equity, sustainable business, waste minimization, environmental education, or a related field.
The Climate Action Committee shall act in an advisory capacity to the City Council in matters pertaining to:
1. The development, updating, implementation, and communication of the City’s climate action plan and environmental sustainability workplan;
2. The development, updating, implementation, and communication of the environmental sustainability workplan;
3. Policies and programs intended to implement provisions of the climate action plan and the environmental sustainability workplan;
Agenda Item #6.2:
4. Policies and programs intended to preserve and enhance the natural environment; and
5. Other duties and responsibilities as delegated by the City Council.
Further, the Committee shall, prepare a scorecard that tracks greenhouse gas reduction actions taken. The Committee shall provide this scorecard to the City Manager to aid in the preparation and adoption of the next fiscal year budget.
Recommended Council Action
Introduce for first reading the attached Ordinance that amends the Municipal Code to dissolve the CSEC and create two new Committees, namely, the Parks, Recreation, and Open Space (PROS) Committee and the Climate Action Committee (CAC).
Alternative Actions
Council discretion.
Financial Impact
N/A
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Ordinance - PROS and CAC
Agenda Item #6.2:
City of Sonoma
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SONOMA AMENDING TITLE 2 OF THE SONOMA
MUNICIPAL CODE TO DISSOLVE THE COMMUNITY
SERVICE AND ENVIRONMENT COMMISSION AND
CREATE THE PARKS, RECREATION, AND OPEN SPACE
COMMITTEE AND CLIMATE ACTION COMMITTEE AND
FURTHER AMENDING TITLE 12 OF THE SONOMA
MUNICIPAL CODE TO REVISE THE COMPOSITION OF THE
TREE COMMITTEE
WHEREAS, on September 10, 2021, the City Council conducted its annual retreat to discuss, among other things, the roles and responsibility of City Commissions and Committees, including the Community Service and Environment Commission (CSEC) and the Tree Committee; WHEREAS, on January 12, 2022, a joint City Council/CSEC meeting was held to discuss the current and future role and responsibilities of the CSEC and the City Council directed the CSEC to further discuss matters and make recommendations to the City Council, as needed; WHEREAS, at its February 9, 2022, meeting, the CSEC provided its recommendations to the City Council;
WHEREAS, on March 2, 2022, the City Council directed changes be made to the Municipal Code to dissolve the CSEC, create a new Parks, Recreation, and Open Space Committee, create a new Climate Action Committee, and add the responsibilities of the Tree Committee to the new Parks, Recreation and Open Space Committee; and
WHEREAS, the City Council found the actions to amend the Municipal Code to be Exempt from the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), pursuant to CEQA Guidelines section 15061(b) (3) prior to taking action.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENT TO CHAPTER 2.48 SMC.
Chapter 2.48 of the Sonoma Municipal Code is hereby repealed in its entirety and replaced with the following:
Chapter 2.48
PARKS, RECREATION, AND OPEN SPACE COMMITTEE
Sections:
2.48.010 Purpose.
Agenda Item #6.2:
2.48.020 Composition – Parks, recreation, and open space committee.
2.48.030 Duties and responsibilities.
2.48.010 Purpose.
The purpose of the parks, recreation, and open space committee shall be to advise the city council on matters related to the preservation and enhancement of the parks, recreational facilities, and open space under the jurisdiction of the city.
2.48.020 Composition – Parks, recreation, and open space committee.
The parks, recreation, and open space committee shall be governed by Chapter 2.40 SMC and any rules and procedures established by city council resolution. The parks, recreation, and open space committee shall be composed of seven members. Five of the committee members shall be voting members who shall be qualified electors of the city, with each city council member making one direct appointment to the committee. One non-voting member shall be an arborist certified by the International Society of Arboriculture and the other non-voting member shall be a youth member who shall be at least 14 years of age, but no older than 18 years of age at the time of appointment. The two non-voting members shall be appointed by the city council and shall be residents of the city or the greater Sonoma Valley, as defined by the council commission and committee appointment policy.
2.48.030 Duties and responsibilities.
The parks, recreation, and open space committee shall act in an advisory capacity to the city council in matters pertaining to:
A. The planning and implementation of new recreation facilities and services; B. Open space acquisition and preservation;
C. The restoration of important habitat areas within the city; D. Proposed improvements or modifications to existing street thoroughfares, including but not limited to sidewalk areas, city parks, cemeteries, trails, bikeways, and related facilities; E. Policies related to the use of the Plaza and other city parks, not including review or approval of special event permits;
F. Policies and programs related to tree preservation and expanding tree planting opportunities in the city, including but not limited to public rights-of-way; Agenda Item #6.2:
G. The functions of the tree committee under Chapter 12.08 SMC; and H. Such other duties and responsibilities as delegated by the city council.
SECTION 2. ADDITION OF CHAPTER 2.50 SMC.
Chapter 2.50 of the Sonoma Municipal Code is added to read as follows:
Chapter 2.50
CLIMATE ACTION COMMITTEE
Sections:
2.50.010 Purpose.
2.50.020 Composition – Climate action committee
2.50.030 Duties and responsibilities.
2.50.010 Purpose.
The climate action committee shall serve as a technical advisory committee regarding matters related to climate action. It shall advise the city council on issues related to reducing greenhouse gasses from the city’s municipal, residential, commercial, and industrial sectors and on adapting to climate change within the city’s jurisdiction.
2.50.020 Composition – Climate action committee.
The climate action committee shall be governed by Chapter 2.40 SMC and any rules and procedures established by city council resolution. The climate action committee shall be composed of six members. Five of the committee members shall be voting members who shall be qualified electors of the city, with each city council member making one direct appointment to the committee. One non-voting youth member shall be appointed by the city council. The non-voting youth member shall be at least 14 years of age, but no older than 18 years of age at the time of appointment and shall be a resident of the city or the greater Sonoma Valley, as defined by the council commission and committee appointment policy. Applicants who have professional background, expertise, or education in one or more of the following areas may be appointed to the committee: climate action, environmental science, energy efficiency, alternative transportation, environmental justice/equity, sustainable business, waste minimization, environmental education, or a related field.
2.50.030 Duties and responsibilities.
Agenda Item #6.2:
A. The climate action committee shall act in an advisory capacity to the city council in matters pertaining to:
1. The development, updating, implementation, and communication of the city’s climate action plan and environmental sustainability workplan;
2. The development, updating, implementation, and communication of the environmental sustainability workplan;
3. Policies and programs intended to implement provisions of the climate action plan and the environmental sustainability workplan;
4. Policies and programs intended to preserve and enhance the natural environment; and
5. Such other duties and responsibilities as delegated by the city council.
B. The committee shall, on an annual basis before the city council adopts its annual budget, prepare a scorecard that tracks greenhouse gas reduction actions taken. The committee shall provide this scorecard to the city manager to aid in the preparation and adoption of the next fiscal year budget.
SECTION 3. SECTION 12.08.020 SMC.
Section 12.08.020 (S) of the Sonoma Municipal Code is hereby repealed in its entirety and replaced by the following:
S. “Tree committee” means the parks, recreation, and open space committee.
SECTION 4. CEQA.
This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. City Planning Staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a text amendment and addition without any physical project being approved, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The proposed Ordinance is therefore exempt from the provisions of CEQA because it does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment. The City Council concurs in these findings and adopts them as its own. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma in accordance with CEQA Guidelines.
SECTION 5. SEVERABILITY.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have adopted this Ordinance, and each section, Agenda Item #6.2:
subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6. EFFECTIVE DATE.
This ordinance shall take effect thirty (30) days after passage thereof.
SECTION 7. PUBLICATION.
This ordinance shall be published in accordance with the provisions of Government Code Section 36933(c)(1).
SECTION 8. THIS ORDINANCE PREVAILS WHERE THERE IS CONFLICT.
To the extent that this Ordinance conflicts with any other provision in the Sonoma Municipal Code or city ordinance (urgency or otherwise), policy or regulation, this Ordinance will control.
APPROVED:
________________________________
Jack Ding, Mayor
ATTEST:
_________________________
Rebekah Barr, MMC, City Clerk
* * * * *
I HEREBY CERTIFY the foregoing ordinance was duly adopted at a Regular Meeting of the City Council of the City of Sonoma held on ____________, 2022, by the following vote:
AYES:
Agenda Item #6.2:
NOES:
ABSENT:
ABSTAIN:
_________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #6.2: