Subject: April 1 Council Meeting and Priority Policies for 2007-2009
Date: 2008-03-31
Attachments:Agenda 0401.08.doc
Top Ten Policy Issues.pdf While the Tuesday agenda is light, there are significant issues, one of which is the Action Item below: see the attached full agenda for other items. These top 10 policy priorities should reflect our most pressing needs with the greatest benefit. In most cases the ranking by the council majority reflects this. But not in all cases. I explain my thoughts and positions about three items in the following discussion.
B. Confirmation of the updated Top Ten Policy Issues list for 2007-09. (City Manager)
At the February 26, 2008 Special City Council meeting, the City Council reviewed the list of current priority projects and policy issues. They evaluated them based on ratings of importance they assigned prior to the meeting, along with public input provided at the meeting. Council requested that an updated list of the priority projects be agendized for a regular meeting in order to confirm the final list, which was done at the March 4, 2008 City Council Meeting. The prioritization of the policy issues remains to be finalized, and the results of the Council’s recent rankings on the current issues are provided for confirmation at the April 1, 2008 City Council meeting.
Recommendation: By motion, confirm the updated list of Top Ten Policy Issues for the remainder of the current two-year budget period.
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Beginning with the January 29th Council workshop, the top ten projects (now 13) and top ten policy items have now been identified and ranked. The top ten projects were fairly straight forward since the main theme was to stay the course and finish what was initiated for the fiscal years 2007 to 2009. The top ten policy items have not fared as well. One of the reasons why is that there were carry over items from 2004, 2005, 2006 and 2007. One of the carry over items is the Ahwahnee Principles. There seems to be a patterns for the council majority to avoid clean water, storm water management and land use and water use. That is what the Ahwahnee Principles are about.
Please take a moment and read the actual principles pasted below (or go to www.lgc.org ). These are the foundation blocks for the Low Impact Development implementation criteria I believed we had agreed to for the certification of the Seeno EIR (wrong). Once again, the council majority has effectively rejected these fundamental and essential criteria for a sustainable development future. There is no way to get to sustainability - which the council majority did adopt - without these clear, concise and common sense water principles. Maybe someone else needs to propose we adopt these since I have been the elected member requesting a hearing - just a hearing mind you - since 2004. Frankly, I think this is disgraceful. But then other policy priorities rejected for future consideration include:
Campaign Contribution Ordinance. This is the one protection and the only protection the public has for clean campaigns in Benicia. We had an election in 2007 that demonstrated how close we can come to being run over by outside development interests (see Seeno, trade unions, real estate lobbying organizations, etc.). Yet this essential protection will not be considered in a timely manner for the 2009 election when Hughes and Schwartzman terms are up. the Voluntary Campaign Expense limits is also rejected. Future consideration would have to go in tandem with the Campaign Contribution Ordinance. It may make sense to not consider this for a policy item since Vice Mayor Campbell has requested that the campaign reform legislation be on the second meeting in April. You may be interested in working with others on this vital clean campaign initiative.
Big Box Ordinance. The council majority rejects the consideration of a prohibition of any store larger than 70,000 square feet. The Seeno project could accommodate a big box store. There is no way to reduce greenhouse gases and slow the global warming if we continue to build auto dependent, regional shopping centers. Connect the dots. We travel more miles today per capita than we did in 1990. This is not a population increase coefficient. It is an absolute increase in vehicle mile trips. We can continue with business as usual and mortgage our economic future or we can begin now making the necessary choices to reduce our greenhouse gases. Big box stores are the wrong choice for Benicia's downtown and for our economy, environment and social equity. All we have to do is to put the proposed ordinance back on the agenda and take a vote. We have a new council and we just might make the right decision. This may be the best strategy, to wit: place the ordinance on the so-called Council Comments portion of the agenda which allows the council to take the item up or not for a future agenda. Perhaps having this as a priority policy item for further discussion does not make sense. Therefore, I will ask to have this on a future agenda.
Formula Business Regulations. Again, making Benicia look like anyplace USA puts us at a disadvantage in business competitiveness. We need to provide more reasons to stay and shop in Benicia, not fewer. See my suggested strategy above for the next step.
Cities, counties and organizations that have adopted the Ahwahnee Water Principles:
Town of Windsor, CA; Marin County, CA; Marin Municipal Water District, CA; Menlo Park, CA; Morgan Hill, CA; Palo Alto, CA; Petaluma, CA; Port Hueneme, CA; Richmond, CA; Rohnert Park, CA; Rolling Hills Estates, CA; San Luis Obispo, CA; Santa Paula, CA; Santa Rosa, CA; City of Sunnyvale, CA; City of Ukiah, CA; Ventura, CA; Ventura County, CA.
Organizations that have endorsed the Ahwahnee Principles:
Bay Area Water Forum and Association of Bay Area Governments (CalFed Task Force); League of California Cities; Southern California Association of Governments Water Policy Task Force.
Want to adopt the Ahwahnee Water Principles? A model water resolution is available http://www.lgc.org/ahwahnee/h2o_principles_adopt.html.
MODEL WATER RESOLUTION TEMPLATE
Resolution No. _______
A Resolution of the City Council of the City of or the Board of Supervisors of the County of ____________________
Endorsing
THE AHWAHNEE WATER PRINCIPLES FOR
RESOURCE-EFFICIENT LAND USE
WHEREAS, cities and counties are facing major challenges with water contamination, storm water runoff, flood damage liability and concerns about whether there will be enough reliable water for current residents as well as for new development, issues that impact city and county budgets and taxpayers; and
WHEREAS, land use decisions made at the local level have major impacts on local, regional and state water resources in terms of quality, quantity and availability; and
WHEREAS, the Local Government Commission, in partnership with the League of California Cities and the California State Association of Counties, sought funding from the State Water Resources Control Board to develop principles related to water-efficiency and land use; and
WHEREAS, the Local Government Commission developed a set of principles known as the Ahwahnee Water Principles for Resource-Efficient Land Use which provide the opportunity to reduce costs and improve the reliability and quality of our water resources, and which complement the earlier Ahwahnee Principles for Resource-Efficient Communities.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of (or Board of Supervisors of the County of) ______________ supports the attached Ahwahnee Water Principles for Resource-Efficient Land Use and encourages implementation of the Principles in future City/County land use decisions.
DULY AND REGULARLY ADOPTED this #th day of month, year.
ATTEST:
Community Principles- Community design should be compact, mixed use, walkable and transit-oriented so that automobile-generated urban runoff pollutants are minimized and the open lands that absorb water are preserved to the maximum extent possible. (See the Ahwahnee Principles for Resource-Efficient Communities)
- Natural resources such as wetlands, flood plains, recharge zones, riparian areas, open space, and native habitats should be identified, preserved and restored as valued assets for flood protection, water quality improvement, groundwater recharge, habitat, and overall long-term water resource sustainability.
- Water holding areas such as creek beds, recessed athletic fields, ponds, cisterns, and other features that serve to recharge groundwater, reduce runoff, improve water quality and decrease flooding should be incorporated into the urban landscape.
- All aspects of landscaping from the selection of plants to soil preparation and the installation of irrigation systems should be designed to reduce water demand, retain runoff, decrease flooding, and recharge groundwater.
- Permeable surfaces should be used for hardscape. Impervious surfaces such as driveways, streets, and parking lots should be minimized so that land is available to absorb storm water, reduce polluted urban runoff, recharge groundwater and reduce flooding.
- Dual plumbing that allows graywater from showers, sinks and washers to be reused for landscape irrigation should be included in the infrastructure of new development.
- Community design should maximize the use of recycled water for appropriate applications including outdoor irrigation, toilet flushing, and commercial and industrial processes. Purple pipe should be installed in all new construction and remodeled buildings in anticipation of the future availability of recycled water.
- Urban water conservation technologies such as low-flow toilets, efficient clothes washers, and more efficient water-using industrial equipment should be incorporated in all new construction and retrofitted in remodeled buildings.
- Ground water treatment and brackish water desalination should be pursued when necessary to maximize locally available, drought-proof water supplies.
Implementation Principles- Water supply agencies should be consulted early in the land use decision-making process regarding technology, demographics and growth projections.
- City and county officials, the watershed council, LAFCO, special districts and other stakeholders sharing watersheds should collaborate to take advantage of the benefits and synergies of water resource planning at a watershed level.
- The best, multi-benefit and integrated strategies and projects should be identified and implemented before less integrated proposals, unless urgency demands otherwise.
- From start to finish, projects and programs should involve the public, build relationships, and increase the sharing of and access to information.
- Plans, programs, projects and policies should be monitored and evaluated to determine if the expected results are achieved and to improve future practices.
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BENICIA CITY COUNCIL
REGULAR MEETING AGENDA
City Council Chambers
April 1, 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. Announcement of openings on boards and commissions:
Sky Valley Open Space Committee:
One unexpired term to September 30, 2010
Human Services and Arts Board:
Two unexpired terms, one to June 30, 2008 and one to June 30, 2009
Solano Transportation Authority Pedestrian Advisory Committee:
Immediate opening – Three-year term
Tri-City and County Cooperative Planning Group Citizen Advisory Committee:
Immediate opening - Term to be determined
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.
4. Announcement by Mayor Patterson regarding The World Mayors and Local Governments Climate Protection Agreement
B. APPOINTMENTS:
C. PRESENTATIONS:
D. PROCLAMATIONS:
1. National Library Week – April 13-19, 2008
2. Sexual Assault Awareness Month – April 2008
3. National D.A.R.E. Day – April 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 March 18, 2008. (City Clerk)
B. Approval of modifications to the allocation of positions in the Benicia Police Department and establishment of the salary ranges for Lieutenant and Deputy Police Chief. (Police Chief)
With the addition of the Deputy Police Chief position, the Benicia Police Department administration structure will be comprised of one Deputy Chief position and two Lieutenant positions, replacing the current structure composed of three Captains. This action approves the job description for the Deputy Police Chief position and approves reclassifying two Captain positions to Lieutenants, replacing the three Captain positions presently authorized in the 2007-09 Budget. In addition, this action is establishing the salary ranges for the Lieutenant and Deputy Police Chief positions. This change is cost neutral, as it does not result in any additional positions and the salary adjustments will not increase overall personnel costs for the department.
Recommendation: Adopt the resolutions modifying the allocation of positions in the Benicia Police Department, establishing the salary ranges for Lieutenant and Deputy Police Chief, and approving the Deputy Police Chief job description.
C. Second reading of an ordinance amending Subsection B of Section 17.70.300 (Animals) of Chapter 17.70 (Site Regulation) of Title 17 (Zoning) of the Benicia Municipal Code. (Community Development Director)
At a meeting on December 4, 2007, the City Council adopted an ordinance to amend the animal control provisions of the Benicia Municipal Code. This new ordinance currently conflicts with the existing Zoning Ordinance provisions for caring and keeping animals. The proposed zoning text amendments will remove any conflicts between the two code provisions. There are no fiscal impacts.
Recommendation: Adopt the ordinance to approve zoning text amendments to be consistent with recently adopted changes to Title 6 (Animals) of the Benicia Municipal Code.
D. Purchase of five tarp rollers for the James Lemos Pool. (Parks & Community Services Director)
The James Lemos Pool cover tarp rollers are used to remove and store the pool cover tarps from the 50-meter, L shaped and wading pool. The current rollers were purchased approximately 14 years ago and have been repaired several times and are currently non operational. Due to the age of the rollers it is very difficult to find parts. Therefore they need to be replaced. In addition, the current rollers cannot be safely operated or maneuvered by staff. The total cost of the rollers is $32,000. Staff is recommending authorization of a transfer of Park Dedication funds from the 9th Street Park project for the purchase. The 9th Street Park project currently has a fund balance of $71,030, leaving a project fund balance of $39,030.
Recommendation: Adopt a resolution authorizing the purchase of five replacement pool cover tarp rollers at the James Lemos Pool in the amount of $32,000.
E. Implementation of a Taxi Performance Monitoring Program. (Finance Director)
At the City Council meeting on February 5, 2008, the City Council approved the first reading of the revision to the City’s taxicab ordinance to allow the acceptance of Vallejo taxicab permits within the City. During the discussion of the ordinance changes, the City Council directed staff to develop a taxicab performance monitoring program. The program is to achieve the following: 1) Ensure that taxicabs operating in the City are picking up passengers within a reasonable amount of time, 2) Ensure that taxicabs are operating within the guidelines of the City’s taxicab ordinance, and 3) Ensure that taxicabs are operating within their agreements with the City for the provision of the Safe Ride and Benicia Breeze Taxi Scrip Programs. Implementation of this program would cost approximately $3,600 annually and funding would come from the Transit Fund.
Recommendation: By motion, authorize the City Manager to implement the proposed taxi performance monitoring program, with minor changes authorized by the City Attorney, to ensure that taxicab operators in the City comply with the City’s taxicab ordinance and their agreements for the Benicia Safe Ride Program and Benicia Breeze Taxi Scrip Programs.
F. Approval to waive the reading of all ordinances introduced and adopted pursuant to this agenda.
VIII. PUBLIC HEARINGS:
A. Introduction and first reading of an ordinance transferring design review authority
outside historic districts to the Planning Commission. (Community Development Director)
At a special meeting on January 29, 2008, the City Council directed staff to process amendments to the zoning ordinance necessary to transfer authority for commission-level design review outside historic districts from the Historic Preservation Review Commission to the Planning Commission. At its February 14, 2008 regular meeting, the Planning Commission recommended approval of the amendments.
Recommendation: Approve the first reading of an ordinance to transfer authority for commission-level design review outside historic districts from the Historic Preservation Review Commission to the Planning Commission.
B. Adoption of annual increases for the Capital Improvement License Tax, the Park Land Dedication Fee, and the Library Book Fee. (Finance Director)
The City of Benicia currently collects one development impact tax and two development impact fees to support government activities, park improvements and expanded library circulation. The City ordinance governing the administration of the development impact tax and fees requires that each be adjusted annually by the change in the consumer price index or construction cost index. In accordance with California State law and local ordinances, the tax and fees will become effective 60 days after Council approval at a public hearing. The tax and fee increases will add an estimated $5,260 per year and will be deposited into the respective funds.
Recommendation: Conduct a Public Hearing and adopt the resolutions approving increases for the Capital Improvement License Tax, the Park Land Dedication Fee, and the Library Book Fee.
IX. ACTION ITEMS:
A. Petition for temporary relief under the Benicia Municipal Code Section 8.20.210 (Noise Ordinance). (City Manager)
Evonne Marston, owner of the Captain Walsh House, an event facility, has again submitted a petition for temporary relief from the noise ordinance in order to host an event with amplified music past the time stated in the noise ordinance. Due to neighborhood impacts of the amplification, this request should be denied.
Recommendation: Deny the petition for temporary relief under Municipal Code Section 8.20.210, which will prohibit the owner of the Captain Walsh House from allowing amplified music for special events beyond the noise ordinance’s stated time limits.
B. Confirmation of the updated Top Ten Policy Issues list for 2007-09. (City Manager)
At the February 26, 2008 Special City Council meeting, the City Council reviewed the list of current priority projects and policy issues. They evaluated them based on ratings of importance they assigned prior to the meeting, along with public input provided at the meeting. Council requested that an updated list of the priority projects be agendized for a regular meeting in order to confirm the final list, which was done at the March 4, 2008 City Council Meeting. The prioritization of the policy issues remains to be finalized, and the results of the Council’s recent rankings on the current issues are provided for confirmation at the April 1, 2008 City Council meeting.
Recommendation: By motion, confirm the updated list of Top Ten Policy Issues for the remainder of the current two-year budget period.
X. INFORMATIONAL ITEMS:
A. Reports from City Manager.
1. Verbal update regarding transit consolidation. (Finance Director)
XI. COMMENTS FROM COUNCIL MEMBERS:
XII. ADJOURNMENT: |
