Rio Vista City Council Meeting DRAFT UNADOPTED MINUTES Thursday, November 17, :00 p.m. Special Meeting Closed Session 7:00 p.m.

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1 Rio Vista City Council Meeting DRAFT UNADOPTED MINUTES Thursday, November 17, :00 p.m. Special Meeting Closed Session 7:00 p.m. Regular Meeting City Council Chambers One Main Street Rio Vista, California & *L.C. Ranch Front Gate 14535w 4000n Altamont, Utah * Councilmember Fred Kogler was out of town on employer business. Pursuant to Government Code Section 54953, he joined the special and regular meetings via teleconference from Altamont, Utah address listed above. 6:00 p.m. Special Meeting Call to Order/Roll Call Mayor called the Special Meeting to order at 6:03 p.m. Present: Councilmembers Boulware, Kogler Norman, Vice Mayor Krebs and Mayor Vick Absent: None 1. Public Comments The Brown Act provides an opportunity for members of the public to address the legislative body concerning any item that has been listed as an agenda item before consideration of the item. No public comment received 2. Closed Session Item: Council adjourned into Closed Session at 6:04 p.m. Conference with Labor Negotiator pursuant to Government Code Section City Designated Representative: Austris Rungus, IEDA Employee Organization(s): Rio Vista Police Officer s Association Rio Vista Professional Fire Fighter s Association OPEIU Local 29 Mid-Management Employees OPEIU Local 29 Rio Vista Miscellaneous Employees Organization/OE3 City Council Special & Regular Meetings of November 17, DRAFT Minutes Page 1 of 6

2 3. Adjourn to Open Session Council returned to Open Session at 6:59 p.m. Report on reportable action taken in Closed Session Mayor Vick announced there was no action to report from Closed Session 7:00 p.m. Regular Meeting Call to Order/Roll Call Mayor Vick called the Regular Meeting to order at 7:00 p.m. Present: Councilmembers Boulware, Kogler, Norman, Vice Mayor Krebs and Mayor Vick Flag Salute - led by Mayor Vick 1. Public Comment (Time Limit 3 minutes per speaker) The Brown Act, with certain exceptions, does not permit the City Council to discuss or take action on issues that are not on the agenda. Joel Auslen requested a monthly status report on the MuniTemp consultants hired at the November 3 rd meeting in reference to dollars spent to the $20,000 contract not-toexceed amount. 2. Staff Reports / City Council Reports Staff comments included but were not limited to announcing Police Department s recycling event Saturday, November 19 th, requesting a moment of silence in honor of Vallejo Police Officer Jim Capoot s on-the-job fatality in pursuit of a bank robbery suspect, and reminder that City Hall is closed Wednesday, Thursday, and Friday (November 23, 24 & 25). Councilmember comments included but were not limited to reporting on recent activities such as meeting MuniTemp consultants in City Hall and sharing Council expectations, Faith in Action weekly meeting, Solano County agriculture-related summit meeting, and the group working on beach study rates will forward recommendations to Council in later part of December. 3. City Commission Reports / City Committee Reports / Chamber of Commerce Report Council received written report from Citizens Committee for Monitoring the Water and Wastewater Enterprise Funds. City Council Special & Regular Meetings of November 17, DRAFT Minutes Page 2 of 6

3 4. Presentations a. The Real McCoy Ferry Service Update from Caltrans Caltrans representative Tracy Ruth updated the Council on the ferry s service advising that the intention is to return to full service as soon as possible. Councilmembers requested Caltrans provide timeline for completion from vessel repair vendor as well as provide alternatives to undeterred service for emergencies and full service to all expressing concern over the impacts of longer day for school children due to no service. b. Solano County Habitat Conservation Plan Update Chris Lee, Program Manager for the Solano Multi-Species Habitat Conservation Plan for Solano County Water Agency, updated Council on the plan; information only; no action. 5. Consent Calendar Motion by Councilmember Kogler, second by Councilmember Norman and passed, the Consent Calendar items were approved as noted. a. Receive and file City Financial Report for period July 1, 2011 through October 31, Item deferred to December 1, 2011 meeting. b. Fire Marshal Services Authorize the City Manager to execute a contract with Joel Brick, not to exceed $27,510, to perform those duties commonly performed by a Fire Marshal, with Resolution for adoption. Adopted Resolution No c. Social Media Policy Consider adoption of a Social Media Policy, with Resolution for adoption. Item deferred to January 25 th Special Meeting. 6. Public Hearing Receive public comments on the Rio Vista Annex to the Association of Bay Area Governments 2010 Local Hazard Mitigation Plan. Mayor Vick opened the public hearing at 7:50 p.m. There were no public comments. Mayor Vick closed the public hearing at 7:51 p.m. Information only item; no action taken. 7. Waterfront Flood Wall and Public Access Project - Preliminary Engineering Report, Concept Plans and the Final Initial Study/Mitigated Negative Declaration for the Rio Vista Floodwall and Public Access Project, with Resolution for adoption. Planning Consultant Dan Christensen reviewed the extensive background and analysis information for the project as well as reported the Planning Commission, at its meeting of October 27, 2011, recommended Council approval of the Final Initial Study/Mitigated Negative Declaration. In summary, Mr. Christensen noted after consideration of the four City Council Special & Regular Meetings of November 17, DRAFT Minutes Page 3 of 6

4 options listed in the staff report, the final recommendation is that the new wall be built at a vertical height of above feet above the mean high water line, which would be approximately one foot above the 200-year water surface elevation and allow for 0.5 feet of potential settlement. The cost of this block flood wall is estimated to cost $3.5 million plus another approximate $1 million to construct the public promenade. Additionally, the final recommendation determined that the existing flood wall located at the southerly end of Main Street adjacent to City Hall is in good condition, but below the 100-year water surface elevation of feet; therefore, the plan includes raising it to feet and strengthening the foundation. Also, to fully protect City Hall, the existing flood wall at the end of Main Street to the Boat Ramp area will be extended a few hundred feet further west towards Front Street. The following persons addressed the Council on the item: Lynn Hansen regarding 200-year flood standards and ocean backup consequences. Bill Myers regarding the other side of delta not being walled and its consequences. Steve Rosenthal regarding new project by bridge. Lee Williams regarding the flood of 86 and its consequences. Motion by Vice Mayor Kreb, second by Councilmember Boulware and passed, Resolution No as modified (changes outlined at meeting relative to the Findings section and consistency with CEQA guidelines) was adopted approving the preliminary engineering report, concept plans and the final initial study/mitigated negative declaration for the Floodwall & Public Access Project. 8. Landscape and Lighting District No (Summerset Rio Vista) Consider approval of the Management Services Agreement, with Resolution for adoption. Public Works Director Dave Melilli summarized the background and analysis sections of the extensive staff report, stating staff recommended approval of a contract with Action Property Management Inc., for management services for the Landscape & Lighting District No (Summerset Rio Vista) for fiscal year The following individual addressed the Council on this item: Ed Vitrano regarding commencement of the contract. Motion by Councilmember Boulware, second by Councilmember Norman and passed, Resolution No was adopted approving the contract with Action Property Management. 9. AB-109 Criminal Justice Alignment Review and discuss impacts. Interim Police Chief Bowman summarized the local impacts of AB 109, commonly known as the Public Safety Realignment Act, the court-mandated reduction of the state s prison population. In essence, offenders have been classified into two groups: City Council Special & Regular Meetings of November 17, DRAFT Minutes Page 4 of 6

5 non-violent, non-serious or non-registering sexual offenses and lower-risk offenders that will assimilate into local supervision, or Post-Release Community Supervision (PRCS), rather than traditional parole. This was an information only item; no action taken. 10. Unclaimed Funds Policy Consider adoption of Unclaimed Funds Policy, with Resolution for adoption. Finance Manager Briones & City Manager De La Rosa summarized the background and analysis sections of the staff report creating a new policy and procedure for the escheat of unclaimed property. Escheat is the legal process of lapsing or reverting ownership of unclaimed private property to the government by operation of law. Motion made by Councilmember Boulware, second by Vice Mayor Krebs and passed, Council adopted Resolution No as modified (correcting paragraph 3 to read less than $15.00 or over three years and more than $50.00 [not $15.00]) Public Comment on Closed Session Item 11.c: Mayor Vick asked for public comment on Item 11.c. and that each speaker fill out a speaker form and turn it in so that names are captured/spelled correctly. The following individuals addressed the Council: Diane (no speaker form received) in opposition to renewal of City Manager De La Rosa s contract. Steve Rosenthal in support of City Manager De La Rosa s contract being extended. Richard Brann in support of City Manager De La Rosa. Lee Williams advising City Manager De La Rosa fixed potholes long unattended and paved Second Street, that Council approves consultants and that City Manager De La Rosa is part of the community. Jim McCracken advising Mr. Williams does not live in the city. 11. Adjourn to Closed Session Council adjourned into Closed Session at 9:27 p.m. a. Conference with legal counsel Anticipated litigation Initiation of litigation pursuant to Government Code Section (c): (one case). b. Public employee performance evaluation pursuant to Government Code Section Title: City Manager c. Public employee discipline/dismissal/release/renewal or non-renewal of employment contract pursuant to Government Code Section City Council Special & Regular Meetings of November 17, DRAFT Minutes Page 5 of 6

6 12. Adjourn to Open Session Report on reportable action taken in Closed Session Council returned to Open Session at 10:10 p.m. Mayor Vick advised that Council, on a 4:0 affirmative vote, decided it will not offer City Manager De La Rosa a new contract; he will work until his contract expires April 8, 2012 and that Council will begin a search for a new City Manager. For the record, Mayor Vick advised Councilmember Fred Kogler recused himself from the vote. 13. Adjournment Meeting adjourned at 10:11 p.m. /s/ Anna Olea-Moger, CMC, City Clerk City Council Special & Regular Meetings of November 17, DRAFT Minutes Page 6 of 6