BENICIA CITY COUNCIL
REGULAR MEETING AGENDA
City Council Chambers
February 5, 2008
7:00 P.M.

I. CALL TO ORDER:

II. CLOSED SESSION:

III. CONVENE OPEN SESSION:

A. ROLL CALL

B. PLEDGE OF ALLEGIANCE

C. REFERENCE TO THE FUNDAMENTAL RIGHTS OF PUBLIC

IV. ANNOUNCEMENTS/APPOINTMENTS/PRESENTATIONS/PROCLAMATIONS:

A. ANNOUNCEMENTS:

1. Announcement of action taken at Closed Session, if any.

2. Openings on Boards and Commissions:

Sky Valley Open Space Committee:
-Two unexpired terms to September 30, 2010
Historic Preservation Review Commission
-Two full terms to February 28, 2011

3. Mayor’s Office Hours:
Mayor Patterson will maintain an open office every Monday (except holidays) in the Mayor’s Office of City Hall from 6:00 p.m. to 7:00 p.m. No appointment is necessary. Other meeting times may be scheduled through the City Hall office at 746-4210 or by email acardwell@ci.benicia.ca.us.




B. APPOINTMENTS:

Appointment of Mayor Patterson and Vice Mayor Campbell to the Raw Water Contract Negotiations with Valero Subcommittee

C. PRESENTATIONS:

Save Benicia State Recreation Area from Closure
-By Eugene Doherty, Forrest Deaner Native Plant Botanic Garden, California Native Plants Society – Willis Linn Jepson Chapter

D. PROCLAMATIONS:

Recognition of the Third Annual Winter Quarters Conference at the Benicia Historical Museum – February 9-10, 2008

V. ADOPTION OF AGENDA:

VI. OPPORTUNITY FOR PUBLIC COMMENT:

A. WRITTEN

B. PUBLIC COMMENT

VII. CONSENT CALENDAR:

Items listed on the Consent Calendar are considered routine and will be enacted, approved or adopted by one motion unless a request for removal or explanation is received from a Council Member, staff or member of the public. Items removed from the Consent Calendar shall be considered immediately following the adoption of the Consent Calendar.

A. Approval of Minutes of January 15, 2008. (City Clerk)

B. Denial of the Claim Against the City By Ellyn and M. Danny Levin and Referral to Insurance Carrier. (City Attorney)

This claim involves damage to the claimants’ home as a result of the grass fire caused by juveniles playing with matches in the open space. The claimants allege that the city did not clear a firebreak and were late in responding. The fire chief has confirmed that the firebreak was scheduled but was delayed by the contractor. The contractor, however, did complete all firebreaks within the contract terms. The fire department did respond immediately to the area where the fire started, however this fire went to multiple alarms. As mutual aid arrived from outside fire agencies, they were assigned to other locations, which is why the Suisun fire department was the first to arrive at this location.

Recommendation: Deny the claim against the City by Ellyn and M. Danny Levin and referral to insurance carrier.

C. Approval of Sewer System Management Plan. (Public Works Director)

All publicly-owned wastewater utilities are required by the state to develop and implement a Sewer System Management Plan (SSMP). The SSMP formalizes procedures for proper management, operation and maintenance of all parts of the sanitary sewer system to help reduce and prevent sanitary sewer overflows. Development of this plan does not have any significant impact to the FY 2007/09 budget.

Recommendation: Adopt a resolution approving the implementation of a Sewer System Management Plan in accordance with the requirements of the state and regional water quality control boards.

D. Annual review of City Investment Policy with minor changes. (Finance Director)

The City Council is required to review the Investment Policy annually to assure compliance with changes in State law, principally Government Code §53646. There are minor changes recommended this year, as extensive revisions were approved in October 2005. There is no impact on the City’s budget by adopting this resolution.

Recommendation: Adopt the resolution recognizing the annual review of the City of Benicia Investment Policy in accordance with California State Government Code §53646.

E. Review Investment Report for the quarter ended September 2007. (Finance Director)

The investment portfolio is in compliance with the City's Investment Policy and California Law. Additionally, the City has adequate investments to meet its expenditure needs for the next six months. The Audit and Finance Committee has reviewed these reports and recommends acceptance. There is no affect on the City’s budget.

Recommendation: Accept, by motion, the investment report for the quarter ended September 2007.

F. Consideration of a resolution authorizing the filing of an application for Federal Transit Administration Section 5307 funding. (Finance Director)

The Metropolitan Transportation Commission (MTC) is coordinating a one year federal grant program for the purchase of transit capital and operational needs from the FTA Section 5307 funds allocated to seven urbanized areas in the Bay Area region for fiscal years 2008-09. Benicia Breeze is in need of this funding program to reduce local expenditures and to enhance the reliability of its capital equipment. Projects that are either replacement or rehabilitation will be funded as priorities, while operational subsidies and preventative maintenance requests only receive funding if there are surplus funds remaining after Benicia Breeze, Vallejo Transit and VINE priority projects have been funded. All of the Benicia Breeze projects are contained in the Benicia Breeze Short Range Transit Plan. The purchases will be funded 80% through the FTA Section 5307 Grant and 20% through local Transportation Development Act (TDA) funds.

Recommendation: Adopt the resolution authorizing staff to file an application for Federal Transit Administration (FTA) Section 5307 to support various capital and operational needs for Benicia Breeze transit system as identified in the Benicia Breeze Mini Short Range Transit Plan and the Benicia Transit Short Range Transit Plan. The resolution must be delivered to the Metropolitan Transportation Commission no later than March 5, 2008.

G. Celebrating 25 years of Benicia Breeze providing transit service within the City of Benicia and to regional destinations. (Finance Director)

Benicia Breeze, formerly known as Benicia Bay Connection and Benicia Transit, began operations on July 1, 1986 as the City’s first transit service connecting residents to Pleasant Hill BART Station. The City also provided a subsidy to Benicia/Vallejo Stage, a private transit provider, which provided transit service to Vallejo York & Main Transfer Center from Solano Square until October 1, 1989, when Benicia Transit began operating through the entire corridor. Benicia Dial-A-Ride began as a contracted operation to Marsha Kent, who ran Benicia Yellow Cab Company back in January 1982. Over the past 25 years, transit service in Benicia has benefited residents and visitors of the City. Staff is planning a small celebration sometime this spring to promote Benicia Breeze and celebrate 25 years to the residents, visitors and most importantly, our riders. There is no impact to the Transit Fund or the General Fund.

Recommendation: Adopt the resolution celebrating 25 years of providing transit services to the City of Benicia.

H. Endorsement of the proposed strategic planning process for the Youth Action Task Force. (City Manager)

Benicia Unified School District (BUSD) representatives (School Board Members Steinmann and Switzer and the BUSD Superintendent) and City representatives, (Mayor Patterson, Council Member Schwartzman and the City Manager) have met recently regarding the Youth Action Task Force. Together, this group developed the idea of pursuing a strategic planning process with YATF stakeholders in order to clarify and confirm the purpose, programs and operations plan of the YATF. At the January 23, 2008 YATF meeting, this recommendation was conveyed to the YATF group. The importance of including stakeholder groups in this process was emphasized as a way to help ensure a truly collaborative process and a successful outcome. The next step in initiating the strategic planning process for YATF is to request City Council endorsement of this approach.

Recommendation: Endorse, by motion, the proposed strategic planning process for the Youth Action Task Force, as recommended by the Council subcommittee comprised of Mayor Patterson and Council Member Schwartzman.

I. Approval to waive the reading of all ordinances introduced and adopted pursuant this agenda.



VIII. PUBLIC HEARINGS:

A. Consideration of a resolution to authorize the filing of a revised tariff for taxicab rates and authorize increases in Safe Ride program fares. (Finance Director)

Vallejo/Benicia City Taxicab and Yellow Cab of Vallejo and Benicia have requested a rate increase to compensate for increased insurance, lease and fuel costs associated with the operation of taxicab service. Staff recommends increasing taxicab rates to match those recently approved in the City of Vallejo. Effective March 1, 2008, the initial “Flag Drop” (the charge for boarding a passenger) will be decreased from $2.25 to $2.00 and the “per mile” rate will increase from $2.25 to $2.50. Effective January 1, 2009, the “Flag Drop” will be increased from $2.00 to $2.25 and the “per mile” rate will increase from $2.50 to $2.75. Taxicab service has struggled in the City of Benicia because of the low fare return from passengers traveling in the City, particularly during the night hours. In an effort to improve night taxicab service, staff is recommending raising the Safe Ride Program fares from $8.00 to $10.00 beginning March 1, 2008, of which $2.00 will come from a General Fund Subsidy. Alcohol-serving businesses may continue pre-purchasing vouchers at the present rate of $8.00. Patrons of non-participating alcohol-serving businesses will also continue to pay $8 directly to the taxicab driver if they have a voucher with no monetary value issued to them. The taxicab company will continue to submit the vouchers to the City to recover the voucher-based fares.

Recommendation: Adopt the resolution to authorize the filing of a revised tariff for taxicab rates within the City of Benicia and to authorize increases in Safe Ride Program fares.

IX. ACTION ITEMS:

A. Introduction and first reading of an ordinance revising Section 5.32.120 (Taxicabs) of the Benicia Municipal Code. (Finance Director)

After Regency Cab discontinued taxicab service in Benicia in 2006, the quality of taxicab service has declined, reportedly due to the lack of permitted taxicab drivers in Benicia. The majority of taxicab drivers from the two licensed carriers, Vallejo/Benicia City Taxicab and Yellow Cab of Vallejo & Benicia, are only permitted in Vallejo because of the time and cost to obtain a taxicab driver permit in Benicia. Because of the Benicia taxicab driver shortage, there have been many nights that either no taxicab service was available or the response times were not within an acceptable time range. Staff from the Benicia Police Department and Vallejo Police Department have been meeting to develop a plan for improving the permitting process shared by the two cities. The Vallejo Police Department recently improved its taxicab driver permitting process and committed to remain vigilant in conducting background checks. Based on this information, the Benicia Police Chief recommends that Vallejo taxicab driver permits be accepted as valid taxicab driver permits in Benicia, as long as the company is also authorized to operate in Benicia.

Recommendation: Introduce the ordinance to authorize taxicab drivers with valid City of Vallejo Taxicab Driver Permits to operate taxicab service within the City of Benicia, as long as the taxicab driver is employed by a carrier that has a taxicab carrier permit authorized by the Benicia City Council.
B. Authorization of additional communications expressing opposition to the proposal to close the Benicia State Recreation Area and the historic State Capitol Building.
(City Manager)

The Governor’s recent budget proposal includes closing the Benicia State Recreation Area (SRA) and the Benicia State Capitol Historic Park. A letter expressing the City’s concern with the proposed closures of these two sites was sent to the Governor’s Office on January 11, 2008. As illustrated by the Save Benicia State Park presentation scheduled for the City Council meeting on February 5th, the SRA, as well as the State Capitol Building, are very much valued by the local community and tourists visiting our city. The Council may wish to consider authorizing City staff to send additional communications to the Governor and State legislators regarding these proposed closures.

Recommendation: Authorize additional communications regarding the proposal for closure of the Benicia State Park and Benicia State Capitol Building to the Governor and appropriate State legislators.

X. INFORMATIONAL ITEMS:

A. Reports from City Manager.

XI. COMMENTS FROM COUNCIL MEMBERS:

A. Request to agendize removal of the newspaper racks on First Street near G Street. (Vice Mayor Campbell)

Vice Mayor Campbell has requested that the City Council consider placing an item on a future agenda addressing the removal of the newspapers racks on First Street near the State Capitol building.

Recommendation: Consider agendizing for a future City Council meeting.

XII. ADJOURNMENT:


Public Participation

The Benicia City Council welcomes public participation.

Pursuant to the Brown Act, each public agency must provide the public with an opportunity to speak on any matter within the subject matter jurisdiction of the agency and which is not on the agency's agenda for that meeting. The City Council allows speakers to speak on non-agendized matters under public comment, and on agendized items at the time the agenda item is addressed at the meeting. Comments are limited to no more than five minutes per speaker. By law, no action may be taken on any item raised during the public comment period although informational answers to questions may be given and matters may be referred to staff for placement on a future agenda of the City Council.

Should you have material you wish to enter into the record, please submit it to the City Manager.

Disabled Access

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact Dan Pincetich, the ADA Coordinator, at (707) 746-4211. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Meeting Procedures

All items listed on this agenda are for Council discussion and/or action. In accordance with the Brown Act, each item is listed and includes, where appropriate, further description of the item and/or a recommended action. The posting of a recommended action does not limit, or necessarily indicate, what action may be taken by the City Council.

Pursuant to Government Code Section 65009, if you challenge a decision of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. You may also be limited by the ninety (90) day statute of limitations in which to challenge in court certain administrative decisions and orders (Code of Civil Procedure 1094.6) to file and serve a petition for administrative writ of mandate challenging any final City decisions regarding planning or zoning.

The decision of the City Council is final as of the date of its decision unless judicial review is initiated pursuant to California Code of Civil Procedures Section 1094.5. Any such petition for judicial review is subject to the provisions of California Code of Civil Procedure Section 1094.6.

Public Records

The agenda packet for this meeting is available at the City Manager's Office and the Benicia Public Library during regular working hours. To the extent feasible, the packet is also available on the City's web page at www.ci.benicia.ca.us under the heading "Agendas and Minutes." Public records related to an open session agenda item that are distributed after the agenda packet is prepared are available before the meeting at the City Manager's Office located at 250 East L Street, Benicia, or at the meeting held in the Council Chambers. If you wish to submit written information on an agenda item, please submit to the City Clerk as soon as possible so that it may be distributed to the City Council.

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