Mayor Woodruff called the meeting of the City Council and Redevelopment Agency to order at 6:03 p.m.

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1 Rio Vista City Council And Redevelopment Agency Special Joint Meeting Minutes Thursday, February 16, 2006 at 6:00 p.m. City Council Chambers One Main Street Rio Vista, California Mayor Woodruff called the meeting of the City Council and Redevelopment Agency to order at 6:03 p.m. Roll call PRESENT: Bhakta, Jones, Vick, Woodruff ABSENT: Kelly The meeting was adjourned at 6:04 p.m. to go into closed session. Mayor Woodruff reconvened the meeting at 7:02 p.m. with no reportable action from the closed session. Mayor Woodruff went over the agenda items for the public. Changes to the agenda A Proclamation honoring the Future Farmers of America was added before the Consent Calendar and Item 14, (consider a resolution approving a Memorandum of Understanding with the Rio Vista Foundation to proceed with the development of a new swimming pool) was moved to after the consent calendar. A motion was made to make the noted changes by Mayor Woodruff, seconded Councilmember Vick and the motion carried. Public Comments Robert Riddle from Trilogy spoke in regards to Aero Club. He thanked Councilmember Vick for her cander regarding the Aero Clubs move to the airport and explained how she helped to change his mind about the club coming to Rio Vista. He still thinks his questions could be answered by environmental impact report. He also would like a vote or referendum so citizens can express their opinion. Jim Larsen from Trilogy addressed an interest for Fire Station #2. The population at Trilogy is at 2500 and is expected to grow. He also has concerns with city congested streets, property protection, insurance premiums and the timing and funding for fire station #2. On behalf of his wife and himself, Tim Kubli from Edgewater Dr. in Rio Vista, wanted to thank the Rio Vista Fire Department and all other agencies who responded to the fire at his wife s business. Mayor Woodruff echoed his comments.

2 Daryl Finch, lives on St. Andrews in Trilogy, had a rebuttal to the comment made by Mr. Riddle regarding the Aero Club. He stated that Mr. Riddle s concern were in regards to low flying aircraft and dirty conditions at different airfields. He wanted to assure all that the FAA will not allow any planes to continue to fly low. Mr. Baxter introduced a new employee, Emi Theriault, the new Planning Manager. Proclamation in honor of FAA Mayor Woodruff gave a brief history of the Future Farmers of America. Kimberlee Baroni and Travis Silva were present from the FAA. A motion was made to approve the Proclamation by Councilmember Vick, seconded by Councilmember Bhakta and the motion carried. Consent Calendar A motion was made by Jones, seconded Bhakta by to approve the Consent Calendar as submitted. Consider approval of a Memorandum of Understanding between the City of Rio Vista and the Rio Vista Foundation for the funding of construction of a new swimming pool City Attorney Walsh stated that the item is before the City Council in order to move the pool project forward to the construction phase. Final terms of the funding have been met and the Foundation has over 3 million dollars to put toward the new pool. The MOU states that the foundation will provide their money for planning the pool and the City provide an initial amount of $300,000 and will pay for legal and staff costs. The Foundation will continue to raise funds and contribute when they can. Costs that are over and above these the initial costs will be the City s. The MOU outlines the steps. The Foundation will have all applicable plans completed and then submitted to the Recreation and Planning Commissions and, once approved, will then go before the City Council. If the cost of the pool is well above the 1.2 million, the City will have to look for additional funds. Mayor Woodruff said that this process has been very lengthy to get to this point but important for everyone to know the tasks before them. The city will be replacing a pool that has been a part of many lives. It is a great asset, but aging. Councilmember Vick stated that she feels the pool is sorely needed. Mayor Woodruff stated that the City is trying to find money to add to this project and are asking substantial requests for federal and state appropriations. Jack Krebs, of the RV Foundation, thanked the City for its forbearance and time working out the agreement. He thanked the Mayor, Councilmember Vick and the City Attorney, Ethan Walsh. He introduced two members of the board that were with him, Tim Kubli and Jim Larsen. They are all looking forward to this project getting underway. Mayor Woodruff also wanted to recognize the contributors in the room, individual and corporate. Hank Simonsen s efforts are what started this five years ago. Bill Mortimore, resident of Rio Vista stated that Hank was resting tonight but he did want him to express deep appreciation to all those involved which includes the Rio Vista Rotary, Jack Krebs, Tim Kubli, Jim Larsen, Rio Vista Foundation, Mayor Woodruff, Councilmember Vick and Mr. Baxter who was able to work the details. The Simonsen family would like to thank everyone involved. Councilmember Bhakta stated he felt the Mayor s comments were excellent and he agrees totally and supports it. Mr. Walsh stated he received an from Councilmember Kelly and he wanted to know how disputes would be handled. Would they come before Council or committee? Mr. Walsh said he thought the Adhoc Committee should continue to field comments, etc. A motion to approve the Memorandum of Understanding was made by Councilmember Vick, seconded by Councilmember Bhakta and the motion carried.

3 Consider a resolution approving the Solano County Expenditure Plan Daryl Halls, Executive Director of Solano Transportation Authority gave a presentation regarding traffic relief and safety plan for Solano County. His presentation focused on highway corridor improvements and safety projects, maintenance and repair of local streets and roads, senior and disabled transit, commuter transit, safe routes to schools and local return-to-source projects. Councilmember Bhakta asked if there is a minor adjustment possible, what justifies a minor amount? Mr. Halls stated that to make adjustment of 5% or higher is major and needs to go to voters. Anything under is considered minor. Mr. Halls stated that every 10 years, there will be a thorough and public review of the whole plan and then any changes will go back to the voters. Mayor Woodruff stated that this is a very important item and the need is tremendous. The safety issues grow every day and we have seen what has happened with Federal and State Government. Now it s a cooperative effort and everyone is vying for the same pot of dollars. He believes we need to step forward in the future and while he doesn t believe in more taxes, he believes in this project. He thanked the Vice Mayor for sitting in for him at times. Vice Mayor Jones stated that the Highway 12 Committee supports the plan and would like it recognized that they do support it. It is extremely important and he plans on voting for it. Councilmember Vick plans to support this item. The City supported this measure last time and she feels this measure is better. This is an opportunity as a City and a County to put our money where our mouth is and contribute to the solution. It will be extremely important for our City to pass it. Motion by Vice Mayor Jones, second Councilmember Bhakta to approve Resolution approving the Solano County Expenditure Plan titled Traffic Relief and Safety Plan for Solano County, and passed by the following roll call vote: Consider a resolution appealing the Planning Commission s action regarding the conditional approval of Gibbs Ranch Tentative Subdivision Map Mr. Walsh stated that this item has been before the City Council many times before. Staff and Harriet Steiner, City Attorney, have been working with the school district and Shea Homes to come to a solution to move forward with the project. Primary issue of controversy is the school funding and also, for some time, waiting for the school district to provide an agreement for funding appropriate for the growth. Mr. Walsh stated that Condition 60 addressed the issue. Mayor Woodruff asked if the complaints from the other parties have been resolved. Mr. Walsh stated that the natural gas issues have been mostly resolved with the adoption of the ordinance. Councilmember Bhakta stated that it is his understanding that Condition 60 adopted by the Planning Commission is still standing and wondered if it had to come back to the City Council for approval. Mr. Walsh stated that the Brann Ranch developers can amend their agreement but are not willing to enter into this until they are more certain of their entitlements. They are waiting on this agreement. If the agreement is approved by the school district, it will be satisfactory to issue final map. The final map will come back to City Council and then they will be able to see if the condition has been met. Jack Hall, Shea Homes, stated that the school is 100% funded by homebuilders. Time delays, conditions crafted, risk is on the homebuilders.

4 Mayor Woodruff reopened the public hearing at 8:29 pm. Jack Hall, Shea Homes, thanked City Council and City staff for getting to this point and that Shea Homes agrees with all conditions by the City. It s a great plan and thanked Mr. Walsh and stated he has done an excellent job. He also thanked Tom Bland, Community Development Director. Tim Callahan, 241 St. Gertrudes, said that the spirit of the Planning Commission wanted to see the loose ends tied up. The City Council s conditions will allow the plans to move forward. Phasing the build out is very important. Dan Simpson, 378 Logan St., stated that he had issues but is all for getting approval. He thanked all involved for crafting the agreement. Morgan Johnson thanked all involved and stated that he wants to make sure the alternative site is in the safest possible location regarding the airport. Mayor Woodruff agreed that was a good point but the site was selected by the State Aeronotics Board. Bill Mortimore, 95 Highland Dr., stated that there is an agreement that exists but there are no signatures on the agreement which means there is no agreement. Mayor Woodruff concurred. Addison Covert, attorney for school district, addressed the agreement. Important distinction between developers and school districts; school districts have to look at the whole plan. Schools will be constructed between the construction company and the developer. The Superintendent is reluctant to sign because of issues between Brann and Shea. A three party agreement provides that one of the other developers doesn t sign the agreement, the Mella Roos District would still be proposed for the K 8 th. That would still allow the school district to build. In an ideal world, all would have signed however we are still dealing with an agreement that has not been signed. Wayne Rebstock, River Delta Unified School District Director of Maintenance and Operations, addressed a couple of issues. He reiterated that the site is safe in regards to the airport and there are issues in regards to obtaining State funding. To do so is complicated. The issue of demolition could come into effect to obtain state funds. The site on Brann Ranch has been there many years and an environmental impact report will have to be done. The one existing is over 5 years old and will need to be redone. The time it takes for the EIR will determine funding. Mayor Woodruff closed the public hearing at 8:50 p.m. Vice Mayor Jones commented that this item has been a long time in process. The work that Planning Commission did was exceptional and same with staff. Shea Homes has stepped up and he appreciates it. The City is doing the best we can. The process is in place for our secure future within the school system. Councilmember Vick echoed what Vice Mayor Jones said. It took courage for the Planning Commission to take the stance they took. Mr. Bland worked many hours to get this item to where it is today and she is very happy to support it. Councilmember Bhakta stated that he is not comfortable with some of the conditions but have had several conversations and he is assured that we are much better off than we were before. The City needs to keep an eye on the project. Motion by Councilmember Vick, second Councilmember Bhakta to approve Resolution denying in part and upholding in part the appeal of the Planning Commission s approval of the Gibbs Ranch Tentative Subdivision Map application and approving the Tentative Map subject to revised conditions as set forth below, and passed by the following roll call vote: Mayor Woodruff called for a break at 9:02 p.m. and reconvened at 9:17 p.m.

5 Consider a resolution approving an agreement for land exchange between the City of Rio Vista and Delta Industrial Properties Brad Baxter, City Manager, briefed the Council on the proposed land exchange. He stated that Delta Industrial Properties controls a parcel of land on the northwest corner of Church and Airport Rd. and that the City owns over 40 acres of land immediately to the east between Church Rd. and Airport Rd. Delta Industrial also owns a building that was formerly used as a church and offices located at 628 Montezuma St. Delta Industrial is proposing an exchange of properties by which Delta Industrial would acquire 12.6 acres of City land to the east of Delta Industrial property on Airport Rd. and 3.9 acres of City-owned land immediately north of the Delta Industrial site; in the exchange, the City would acquire the former church/office building at 628 Montezuma St. and a strip of land 20 feet in width along the entire frontage of the existing Delta Industrial property to widen Airport Rd. The church building will be used to accommodate growth for administrative staff. Additional obligations include the requirement for Delta Industrial to abandon an existing water well and construct a decorative fence along the frontage. The City is to provide a water connection for Delta Industrial with a 50% credit toward the connection fee. Mayor Woodruff said the City Council has always tried to help businesses within the City to grow. He also stated that the values for the properties have been established and the trade is equal. Motion by Vice Mayor Jones, second Councilmember Bhakta to approve Resolution approving a property exchange agreement between the City and Delta Industrial Properties, LLC, and passed by the following roll call vote: Consider a City resolution approving an agreement between the City, Redevelopment Agency and SFE Design for preparation of the Waterfront Specific Plan Consider a Redevelopment Agency resolution approving an agreement between the City, Redevelopment Agency and SFE Design for preparation of the Waterfront Specific Plan Ms. Theriault, Planning Manager, stated that the preparation and adoption of the plan would guide the development of the Riverfront between Main Street and Highway 12. It has been a priority for several years however funding and staff limitation have not allowed the project to proceed. She stated that the grant received from Solano Transportation Authority of $50,000 and increasing revenues in the Redevelopment Agency fund have provided the resources for the project to proceed. A Request for Proposals was circulated to four firms and two submitted respond. The firms were interviewed by Vice Mayor Jones, Planning Commission Chairman Callahan, the Public Works Director Brent Salmi and Community Development Director Tom Bland. It was unanimous recommendation to choose SFE Design. The budget is just under $250,000 and the cost will be funded by a combination of $125,000 in Redevelopment funds, $50,000 in Redevelopment/Low/Mod Housing Fund; $50,000 in STA s Transportation for Livable Communities grant awarded to the City and $25,000 in water and sewer enterprise funds. The work is to be completed within 12 months. Mayor Woodruff stated that the funding is from a variety of sources and the City. How far does the plan go for defining the project? Dave Evans, from SFE Consultants, showed a map of the area and answered the Mayor s question. The specific plan is a legal

6 document and it guides the City. This effort will be specific to details. The Planning Commission and City Council will use this for the future. It s a perfect time to revisit the waterfront with everything that is happening in the City. This will allow the City to have real value to the community rather than piece meal it together. Public workshops and public participation is important. It will be a twelve month process. This is a very significant document and there is value in bringing developers to the table that may or may not be interested. Motion by Vice Mayor Jones, second Councilmember Bhakta to approve Resolution approving an agreement between the City, Redevelopment Agency and SFE Design for preparation of the Waterfront Specific Plan, and passed by the following roll call vote: Consider a resolution establishing a pre-approved consultant team for future financial services related to CFD formation and public financings and a resolution designating alternate consultants to provide financial services to the City City Manager Brad Baxter stated that every time the City has the need for financial services firms, we have to go out to RFP. By contracting with financial services firms, it prepares us for growth. The City sent out RFP s in November and two teams responded. Staff met with firms in December 2005 and strongly recommends Urban Futures and Piper Jaffray. Staff would also like to have a secondary firm to fall back on as needed. Mayor Woodruff asked if members of team were present tonight. Mr. Baxter introduced members Ralph Holmes, Piper Jaffery and Marshall Lind. Mr. Holmes stated that he enjoyed sitting through the City Council meeting and hearing the issues. He loves working with small cities such as ours. Councilmember Bhakta asked if the team members firms are independent. Mr. Baxter stated they were independent but will work as a team. Councilmember Bhakta asked how will they get paid. Mr. Baxter stated that they get paid when bond proceeds and sales take place. If you use other members of the team, there is a billable rate and then staff will bring that to Council. Councilmember Bhakta asked if it is possible to pick one from either the preferred or secondary list. Mr. Baxter stated that is goes to the primary list first then to the secondary list. Motion by Councilmember Bhakta, second Vice Mayor Jones to approve Resolution designating a pre-qualified, preferred financing team to assist the City with public financings and community facilities district formation and Resolution designating pre-qualified alternate consultants to assist the City with public financings and community facilities district formation, and passed by the following roll call vote: Audit Finance Director Donna Silva introduced Scott Maze and Amy Meyer of Maze and Associates. Mr. Maze addressed the Council and said he sees the progress by Finance Dept. and City Council although he does have concerns with the future of the City. He

7 sees the City going in the right direction still but will have very little money. The Financial Statements state that there are no findings. Mayor Woodruff asked if he thought the City needed to basically tighten belts and bring in more revenue. Mr. Maze agreed but also said the City should have their partners pick up as much of a share as we can. The financial analysis goes through last June 30 and the City has raised fees and done some tightening since then which isn t shown. He doesn t know exactly what the City has done in the past but with future growth, we should set the stage now. Mayor Woodruff stated he would like to go over the audit in a work session. It provides a better venue to go over the audit. It s a benefit for all to see how their individual budget affects the team. He stated he understands the benefit costs for employees but the Council also has a duty to the City. Has staff had the ability to look at audit? Mr. Baxter stated they had and that Department Heads are to go over it with their staff. Mayor Woodruff would like to have a special meeting for next month to go over the audit and then work with staff to come up with an agenda. We need to make sure we are heading in the right direction. Councilmember Bhakta stated he appreciated his candid view and he has given Council something to think about. He appreciates the financial staff and to remember that guidelines are there and might not be popular but necessary. Consider a resolution authorizing the renewal of the contract with Kelly s Gym and Wellness Center to provide aquatic management services for the Rio Vista Municipal Pool Jenny Symons, Recreation and Community Services Manager introduced the item by saying that Kelly s Gym and Wellness Center provided management services last year. Under their contract for last year, they provided all services listed under the scope of services and assisted in the creation of new and effective pool policies and procedure. Staff is recommending the contract be renewed for the 2006 season. Councilmember Bhakta commented that Kelly did an excellent job but would like us to look into the costs of bringing pool management entirely in house next year. Mayor Woodruff stated he received a lot of compliments regarding the pool and recreation last year. Motion by Councilmember Vick, second Councilmember Bhakta to approve Resolution authorizing the renewal of the contract with Kelly s Gym and Wellness Center to provide aquatic management services for the Rio Vista Municipal Pool, and passed by the following roll call vote: Consider a resolution approving a Memorandum of Understanding on provision of animal care services Mr. Baxter stated that this is an eight-party agreement between 7 cities and the county. Each party is required to pay its proportionate cost of operating the facility. The total net cost is calculated by determining the total cost of maintaining and operating the facility, less the non-license revenue received by the County and the cost of providing animal control services in the unincorporated area. Our proportionate share of the costs is based on the percentage of animals received by the facility that originate from here. The initial term commences on March 1, 2006 and expires on June 30, It will automatically renew for a period of five years except that any party may withdraw by providing at least one year notice of withdrawal. The MOU may only be terminated by unanimous agreement of the parties. After that, in March of each year, the county will provide a plan that will cap the cost for the next year. Vice Mayor Jones discussed the MOU with Mr. Baxter and he is not pleased with it but all he has is problems and no solutions. We are between a rock and a hard spot. The resolution needs some tuning.

8 City Attorney Ethan Walsh stated that the MOU will be incorporated by reference and maybe that in itself will take care of the $19,000 figure for the additional years. He also stated that the only way you can withdraw after six years and four months is to have everyone agree that is party to the agreement. Mr. Baxter did look at other options one of which is to do it through a no kill facility. They have to be spayed or neutered. They fund their programs by attaching fees to any animal related service. The only thing the County by law is responsible to do is run a rabies clinic. Solano County is the dumping ground for unwanted animals but they don t have the resources to deal with it. Vice Mayor Jones asked if the City can pass an ordinance that requires chipping and licensing. Mr. Walsh said maybe but he would like to research it. Vice Mayor Jones said it would be a good move to offset funds. Termination is almost impossible if you wish to withdraw from the agreement. Mr. Baxter stated that within the one year period of researching, they could not find a service provider that would supply a shelter. The numbers of dogs and cats turned into the County is staggering. Mr. Baxter believes this is, unfortunately, the best option available to us. Mayor Woodruff stated that is leaves no alternatives and if there were they could be more expensive. He also asked what the action of other cities were? Mr. Baxter stated all but one has approved the agreement. They aren t happy with the County facility but the one smart thing with this agreement is that you have to show your residency. He stated we don t have an option unless we want to go into the animal control business ourselves. Motion by Councilmember Bhakta, second Vice Mayor Jones to approve Resolution approving a Memorandum of Understanding on provision of animal care services, and passed by the following roll call vote: Reports of Council and staff The departments gave overviews of activities and the Council reported on their activities since the last Council meeting. The upcoming meetings were announced. Mayor Woodruff presented City Attorney Ethan Walsh with a jacket and with no further business the meeting was adjourned at 10:53 p.m.