1 REGULAR MEETING STARTS AT 6:00 PM
AT 1 E. MAIN STREET, IONE, CA 95640
AND VIA ZOOM
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Tuesday, March 5, 2024
THE CITY OF IONE IS A GENERAL LAW CITY DEDICATED TO PROVIDING LEADERSHIP,
ACCOUNTABILITY, AND FISCAL INTEGRITY WHILE PROMOTING ECONOMIC OPPORTUNITIES AND MAINTAINING A HIGH QUALITY OF LIFE FOR OUR CITIZENS.
PLEASE LIMIT PUBLIC COMMENT/TESTIMONY TO FOUR MINUTES
Gov’t. Code §54954.3
The Ione City Council welcomes, appreciates, and encourages participation in the City Council Meeting. The City Council reserves the right to reasonably limit the total time for public comment on any particular noticed agenda item as it may deem necessary.
Full staff reports and associated documents are available for public review at the Office of the City Clerk, City Hall, 1 E. Main Street, Ione, CA. Hard copies may be obtained for $3.60 for pages 1- 5 and $.45 for each additional page. Documents that are not available when the agenda is posted will be made available for public review at the meeting. 6:00 P.M. REGULAR MEETING AGENDA
A. ROLL CALL
B. CLOSED SESSION:
PUBLIC EMPLOYEE APPOINTMENT (Gov. Code § 54957)
Title: City Manager
CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code § 54957.6) Agency Representative: Legal Counsel
Unrepresented Employee: City Manager
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
2 (Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) of Gov.
Code § 54956.9); 1 case.
If all matters are not completed prior to the regular meeting start time, the City Council will convene to Closed Session after the Regular Meeting ends or may be moved to the end of the agenda at the pleasure of the Mayor.
A. PLEDGE OF ALLEGIANCE
B. REPORT OUT OF CLOSED SESSION
C. APPROVAL OF AGENDA
D. PRESENTATIONS/ANNOUNCEMENTS:
1. Swearing in of new Ione Police Officer Alondra Novoa
2. Swearing in of Corporal Joseph Andriola
3. Ione Police Department Heart of a Lion Award
4. Ione Police Department Special Awards
E. PUBLIC COMMENT: EACH SPEAKER IS LIMITED TO 4 MINUTES NOTE: This is the time for members of the public who wish to be heard on matters that do not appear on the Agenda. Persons may address the City Council at this time on any subject within the jurisdiction of the Ione City Council.
Please be mindful of the 4 minute time limit per person. Pursuant to the Brown Act, the City Council may not take action or engage in a detailed discussion on an item that does not appear on the Agenda. However, matters that require Council action will be referred to staff for a report and/or recommendation for possible action at a future Council meeting. Is there anyone in the audience who wishes to address the Council at this time? F. INFORMATION ITEMS:
All matters listed under this category are for information only with no action to be taken by the City Council.
1. Staff Report – City of Ione California Public Records Act Procedures G. CONSENT CALENDAR:
All matters listed under this category are considered to be routine and will be enacted by one motion. Any item may be removed for discussion and possible action and made a part of the regular agenda at the request of a Councilmember(s). 3 1. Minutes of February 6, 2024
2. Warrants
H. REGULAR AGENDA:
1. Council member training – Council/City Manager Form of City Government Recommendation: For information.
2. Agreement with Portlock International
Recommendation: Discussion and Possible Action to provide direction to City Staff regarding Portlock Agreement.
I. REPORTS AND COMMUNICATIONS FROM CITY ATTORNEY
J. REPORTS AND COMMUNICATIONS FROM CITY MANAGER
K. COUNCIL COMMENTS/COMMITTEE REPORTS/FUTURE AGENDA ITEMS L. RESUME TO CLOSED SESSION IF NECESSARY
M. REPORT OUT OF CLOSED SESSION
N. ADJOURNMENT TO REGULAR MEETING ON MARCH 19, 2024
NOTICE REGARDING CHALLENGES TO DECISIONS
Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, this public hearing.
ADA COMPLIANCE STATEMENT
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk Janice Traverso at (209) 274-2412, ext. 102.
Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Agenda Item #F1
DATE: MARCH 5, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ANDY PINASCO, CITY ATTORNEY
SUBJECT: CITY OF IONE - CALIFORNIA PUBLIC RECORDS ACT PROCEDURES RECOMMENDED ACTION:
No action recommended. Information only.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
At the February 20, 2024, regular City Council meeting, the Council requested that City staff provide a summary of the procedures in which the City administers requests for public records under the California Public Records Act. Below is a brief summary of the City’s obligations as it relates to the California Public Records Act.
I. SUMMARY OF CALIFORNIA PUBLIC RECORDS ACT
In accordance with the California Public Records Act (“CPRA”), the City of Ione (“City”) provides access to inspect public records, except those exempt from disclosure by the law. Public records are defined as “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” (Government Code § 7920.530).
II. PUBLIC RECORDS REQUEST
A public records request is different than a question or series of questions posed to the City.
CPRA creates no duty to answer written or oral questions submitted by members of the public.
However, if an existing and readily available record contains information that would directly answer a question, it is advisable to either answer the question or provide access to a public record that would respond to the question.
III. RESPONDING TO A PUBLIC RECORDS REQUEST
Public records are open to inspection at all times during the office hours of the City and every person has a right to inspect any public record. This does not mean that the requester has the right to demand to see a record and immediately gain access to it. The right to inspect is constrained by an implied rule of reason to protect records against theft, mutilation, or accidental damage, in addition to preventing interference with the orderly functioning of the City’s office.
CPRA requires the City to respond promptly, but no later than 10 calendar days from the receipt of the request, to notify the requester whether records will be disclosed. The response does not mean that the responsive records will be available for inspection within the 10-calendar day timeframe, rather, the response simply requires the City respond to the requester to indicate whether the records exist, whether they are exempt, or to work with the requester to clarify their request to assist in identifying the desired public records.
CPRA does not state how soon a requester seeking to inspect records must be provided access to them, however, it is generally assumed that the standard of promptness applies to making the public records available for inspection.
DISCUSSION:
CITY OF IONE PROCEDURE
Section 2.08.050.N, of Chapter 2.08, of Title 2 provides that the City’s Clerk had a duty to “Oversee and supervise all public records requests; notes and submits requests that need to be reviewed by the city attorney before being fulfilled.”
In carrying out the City Clerk’s duty, the City has prepared a “Public Records Request” form to assist the public in making requests and to ensure that the request is appropriately documented for tracking City administrative purposes. This form is not required, rather is encouraged to assist the City in carrying out its administrative function.
Upon receipt of a public records request, the City Clerk then contacts the appropriate City departments to identify and locate any public records that may be responsive to the request.
Once the responsive documents have been identified, the City Clerk then submits any responsive records to the City Attorney for review to provide guidance on any exempt records or portions thereof.
After the City Attorney’s review, the City Clerk either provides copies of the non-exempt responsive records to the requester or makes the non-exempt responsive records available for inspection.
ATTACHMENTS:
None.
Agenda Item #G1
Agenda Item #G2
DATE: MARCH 5, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JODI STENECK, FINANCE MANAGER
SUBJECT: MARCH 5, 2024 WARRANTS
RECOMMENDED ACTION:
Staff recommends that the council review and approve the attached warrant list.
FISCAL IMPACT:
$110,074.44
ATTACHMENTS:
A. Warrant list dated 3-5-2024
Attachment #G2A
Agenda Item #H1
DATE: MARCH 5, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ANDY PINASCO, CITY ATTORNEY
SUBJECT: COUNSEL AND COUNCIL – COUNCIL/CITY MANAGER FORM OF
CITY GOVERNMENT
RECOMMENDED ACTION:
Discussion item only. No recommended action.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
At the February 20, 2024, Ione City Council meeting, the City Council requested the City Attorney to develop concise ‘Training Seminars’ to be presented to the Council at publicly noticed meetings. The intent of the ‘Training Seminars’ is to inform the Council about relevant legal topics such as City governance and the laws applicable to City Councils.
DISCUSSION:
I. BASIC GENERAL LAW CITY STRUCTURE
Ione, like many cities in California, is formed under general laws and referred to as a general law city. Typically, general law cities feature a city council, with at least five members elected at large from the community. The council is complemented by officials such as the city clerk, city treasurer, chief of police, fire chief, and other subordinate officers (Government Code § 36501).
Among the council members, one serves as the mayor and another as the vice mayor (Government Code § 36801). While the mayor and vice mayor handle ceremonial duties and preside over council meetings, their authority is not superior to other council members. Most general law cities, including Ione, operate under a council-city manager structure. Under this form of government, the city manager appoints all subordinate employees, including the chief of police and fire chief, except for the city attorney.
ROLE OF THE CITY MANAGER
In cities across our state, a common way of governing is known as the council-city manager form. This system is established by law (Government Code § 34851 et seq.) and is used in both general law and charter cities, including Ione. Essentially, it involves the city creating the position of City Manager through an ordinance. The City Manager is granted specific powers and duties by the law.
1. A city may establish a council-city manager form of government by enacting an ordinance to that effect or by submitting the question to the electorate.
2. After enacting a city manager ordinance, the city appoints a city manager who need not be a city resident.
3. The city manager is empowered under the statute to appoint and dismiss the chief of police and other subordinate appointive officers and employees, except the city attorney.
According to Government Code section 34852, a city has the authority to outline the powers and responsibilities of the city manager through an ordinance. Additionally, the city can determine the salary for this position. Typically, city managers are appointed based on a contract, which specifies the terms and conditions of their employment.
Ione has adopted such an ordinance, enumerating its City Manager’s powers and duties to include the following:
1. The administrative head of the City government under the direction and control of the City Council except as otherwise provided in the City’s Municipal Code;
2. Responsible for the efficient administration of all the affairs of the City which are under his/her control;
3. To enforce all laws and ordinances of the City and to see that all franchises, contracts, permits, and privileges grated by the City Council are faithfully observed;
4. Have authority to control, order, and give directions to all heads of departments, and to subordinate officers and employees of the City, except the City Clerk, City Attorney, and City Treasurer;
5. Power to hire, fire, appoint, remove, promote, and demote any and all officers and employees of the city, except the City Clerk, City Attorney, and City Treasurer;
6. Recommend measures and ordinances to the City Council he/she deems necessary or important;
7. Attend all meetings of the City Council unless excused therefrom, except when his/her removal is under consideration;
8. Keep the City Council fully advised as to the financial conditions and needs of the City;
9. Prepare and submit the proposed budget and the proposed annual salary plan to the City Council for approval;
10. Be responsible for the purchase of all supplies for all departments or divisions of the City.
No expenditures shall be submitted or recommended to the City Council except on report and approval of the City Manager;
11. Make investigations into the affairs of the City, and any department or division thereof, and any contract or the proper performance of any obligations of the City;
12. To investigate all complaints in relation to matters concerning the administration of the City Government and in regard to the service maintained by public utilities in the City, and to see that all franchises and permits granted by the City are faithfully performed and observed;
13. Exercise general supervision over all public buildings, public parks, and all other public property which are under the control and jurisdiction of the City Council;
14. Devote his/her entire time to the duties of his/her office in the interests of the City;
15. Perform other duties and exercise such other powers as may be delegated to him/her from time to time by ordinance or resolution or other action of the City Council.
II. THE RELATIONSHIP OF THE CITY MANAGER, THE CITY ATTORNEY,
AND THE CITY COUNCIL IN A GENERAL LAW CITY
In carrying out their responsibilities, a city manager interacts not only with the city council and staff but also with the city attorney. Unlike other officers, the city attorney reports directly to the city council. This arrangement creates a system of checks and balances between the city attorney and the city manager. The city manager must fulfill their duties while adhering to the law.
Meanwhile, the city attorney offers legal advice and avoids influencing specific policy decisions.
Usually, their roles overlap, ensuring that when the city council makes decisions, they align with city objectives and comply with legal requirements.
Because the city manager and city attorney both report to the city council, any disagreements or conflicts can be resolved by the council, which has the final say on city policies and actions.
However, since both the city manager and city attorney aim for decisions that the council will approve, they usually work together to find common ground before issues reach the council. This system promotes cooperation among city staff and helps ensure decisions are in line with the council's goals.
III. THE RELATIONSHIP BETWEEN THE CITY COUNCIL AND THE CITY
MANAGER
The key to understanding relationships between people is how well they communicate with each other. Each person's thoughts and hopes about the other person and their connection shape the relationship. In a city organization, whether elected or appointed, it's important for everyone to understand the various relationships that exist. This helps in creating and implementing city policies effectively.
In a well-run city government, the council and city manager should respect each other's roles, even if they disagree. Publicly criticizing or attacking each other harms everyone's reputation and leads to defensiveness. If council members have concerns about staff performance, it's best to discuss them privately with the city manager. While public criticism isn't always wrong, it should follow the council's standards and focus on getting things done without personal attacks.
Furthermore, individual councilmembers are not authorized to direct staff, though routine referral of citizen requests (or to simply request information) is sometimes appropriate depending on the circumstance. However, coordinating through the manager will make sure the issue is sent to the right staff person for action and will allow the manager to confirm timely follow-up. This also helps the manager stay informed regarding issues of community concern.
The relationship between the mayor and city manager is slightly different because of the unique role of that position. The mayor is the chief elected official of the city, as elected by a vote of the council. It’s the mayor’s role to lead the council in making policies. But the mayor also needs to consider the entire council when offering guidance and support to the city manager. Done effectively, the mayor helps keep things running smoothly between the city manager’s team and the council. To do this well, the mayor must fairly represent the council's views, and the council must trust the mayor's role. Having a strong bond between the mayor and city manager is vital for success.
For a council, there are two foundational concepts to keep in mind when striving for a mutually beneficial relationship with its city manager:
1. Provide clear and realistic direction to the city manager
2. Conduct meaningful evaluation of city manager’s performance a. PROVIDE CLEAR AND REALISTIC DIRECTION TO THE CITY
MANAGER
The city council's effectiveness in governing depends on its ability to guide the city manager and staff. Progress happens when council members unite behind policies or programs that have widespread support, not just individual preferences.
Unfortunately, there are many forces at work making unity and a team approach difficult for a city council to achieve. This can be especially true in small cities in which individual council members view their objectives as a first priority or fail to realize the limited resources available to the city manager and their staff. To address this issue, many city councils have found it beneficial to periodically come together for facilitated team-building or goal-setting workshops.
These sessions provide opportunities for council members to discuss and explore their objectives and weigh the possibility to achieve such objectives using the city’s limited resources.
In addition to setting realistic goals, establishing a council-directed goals process can be instrumental in clarifying priorities for the city manager, city staff, and the community as a whole. Through the development of a council-adopted goals statement, the council can communicate its shared vision and objectives to the city manager and the city’s stakeholders, providing a clear direction for decision-making and resource allocation. This not only helps to streamline governance processes but also promotes transparency and accountability in serving the needs of the community.
b. CONDUCT MEANINGFUL EVALUATION OF CITY MANAGER’S
PERFORMANCE
Performance evaluations are like conversations. They're crucial in local government because they help everyone understand how well things are going. Since the city manager has a big role in carrying out council decisions, it is really important for the mayor and council members to give clear directions and keep an eye on how well the manager is doing. This means giving praise when things go well and making corrections when needed.
Having a good relationship among the top leaders in the city is critically important. To make this happen, everyone needs to understand each other's roles and responsibilities and work on communicating well. To help the city manager understand the role in a more meaningful manner, the council is encouraged to identify factors which will be assessed so that the city manager is in a position to understand what is important to the council.
When there is trust and support among everyone, even if they do not always agree, conflicts can be handled maturely and with reason. This helps local leaders serve the public better and earn their respect, making their job easier and more enjoyable.
IV. CONCLUSION
An unstable council/manager relationship has negative consequences for the city council, the manager, the organization and the community. A positive and mutually supportive relationship will increase the odds of having a high-performing and successful city. Councilmembers and the manager need to make creating, supporting and sustaining the relationship a high priority. If made a high priority, the odds of success are great.
Remember that your service on the city council is a unique honor that has been bestowed on you by your fellow citizens. While it is often a challenge, with inherent difficulties, someone needs to do it and your community has selected you for that responsibility. You have been selected to serve in a professional and honorable manner, during good times and bad. Your service on the city council will be over soon enough. Conducting yourself in a manner represents you and the entre Council well will allow you to look back with pride—not only for what you accomplished, but also the way in which you conducted yourself (which will likely be remembered the longest).
ATTACHMENTS:
None.
Agenda Item #H2
DATE: MARCH 5, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: AMY GEDNEY, INTERIM CITY MANAGER
SUBJECT: CASTLE OAKS LEASE CONTRACT
RECOMMENDED ACTION:
For information and staff direction.
FISCAL IMPACT:
These are to be determined.
BACKGROUND:
Per City policy, Councilmembers Rhoades and Mitchell requested that this item be placed on the agenda.
DISCUSSION:
• Discussion: yearly lease of $40,000 flat rate, and their 1% on gross income over $2.1 million.
• Discussion: cost to city of Ione, irrigation water/Admin/Legal • Discussion: on 5-year term, Lease payment adjustment
ATTACHMENTS:
Lease Agreement
1 Amy Gedney
From: Jack Mitchell
Sent: Thursday, February 22, 2024 8:27 AM
To: Stacy Rhoades; Amy Gedney
Cc: Janice Traverso
Subject: Re: Request for agenda item
As stated by Councilmember Stacy Rhoades, I would like to see Castle Oaks Golf Course and the associated information he outlined on the next agenda.
Respectfully,
Jack Mitchell
Councilmember
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From: Stacy Rhoades <[email protected]>
Sent: Thursday, February 22, 2024 8:19:29 AM
To: Amy Gedney <[email protected]>
Cc: Jack Mitchell <[email protected]>; Janice Traverso <[email protected]> Subject: Request for agenda item
Amy,
Attached is the protocol manual chapter 8.06 for requesting item to be on future agenda.
Myself and Council member Mitchel would like to request for the next council meeting, this item .
Castle Oks lease agreement.
Attach Copies of castle oaks golf course lease agreement for all council to review.
Attachments also include all financials from 2014 to current. All records of any and all discounts/ credits since 2014 to current. Names of individuals and organizations be redacted.
Discussion and review yearly lease of $40,000 flat rate, and their 1% on gross income over $2.1Mill.
Discussion cost to city of Ione, irrigation water/Admin/Legal Discussion on 5 year term, Lease payment adjustment , which is 10 years over due.
Thank you
Stacy
Attachment #H2A
2 Stacy Rhoades
City of Ione
1 E. Main Street
Ione, CA 95640
(209) 274-2412
Attachment #H2B
Attachment #H2C