Subject: Tonights City Council Agenda - Appointments, Trees and Clean Campaigns
Date: 2008-04-15
Attachments:
Agenda 0415.08.doc
Agenda0415.08 Special Meeting.doc
Tree Ordinance.pdf Tuesday's Council meeting includes three appointments to City Committees, review of a proposed tree ordinance and mid year budget review and a request to consider amending the Campaign Reform Ordinance for conflict of interest and campaign contributions.
My campaign pledge was to review and reform the appointment process for ALL city committees. Although state law provides that a directly elected Mayor has exclusive powers of appointments with the Council affirming or not, many communities in California use advisory committees and a public interview process. I have created an ad hoc subcommittee to work with the public on a more public and transparent process for appointments. This will take some time in order to conduct a inclusive public outreach effort and solicit ideas from all sectors of the community - business, service organizations, community participants and so forth. Meanwhile city business must be conducted. The appointments for this meeting include immediate openings on the Solano County Transportation Authority Bicycle Advisory Committee, and the Tri-City and County Cooperative Planning Group. The appointment to the city's Human Services and Arts Fund is to enable the committee to meet with a quorum in order to conduct business. We have advertized extensively and I am interviewing the new applicants. The goal of the ad hoc subcommittee is to craft a recommendation for the appointment process after a deliberate process.
The Tree Ordinance agenda item is to review the proposed ordinance but not introduce as a first reading. The proposed ordinance changes an out of date and confusing ordinance. It eliminates the private, backyard tree regulations except for heritage trees and designated trees. The best features of the new ordinance is the clarity of which trees are regulated and how; the education and technical assistance regarding the appropriate tree to plant and how to maintain; and the tree fund that is established. I have heard a few concerns about a restrictive tree ordinance in the works and I hope that the council meeting dispels these concerns. The new ordinance is less restrictive than the old. The proposed new process for the tree removal permit is more open and certain. The tree ordinance will launch an education effort that is very much needed.
In an earlier email I provided information about the Campaign Reform Ordinance and the need to amend the ordinance to better inform the public about large campaign contributions and voting on projects as well as reporting of campaign contributions by political committees called PACs that played such a dominant and influential role in the last campaign.
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http://www.ci.benicia.ca.us/vertical/Sites/{3436CBED-6A58-4FEF-BFDF-5F9331215932}/uploads/{D135C04C-EAE1-4719-BDE1-9A03F52C41D2}.PDF
REGULAR AGENDA
City Council Chambers
April 15, 2008
7:00 P.M.
I. CALL TO ORDER:
II. CLOSED SESSION:
TO BE HELD AT 6:00 P.M., DIRECTLY PRECEDING THE REGULAR MEETING
III. CONVENE OPEN SESSION:
A. ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. REFERENCE TO FUNDAMENTAL RIGHTS OF THE PUBLIC
IV. ANNOUNCEMENTS/APPOINTMENTS/PRESENTATIONS/PROCLAMATIONS:
A. ANNOUNCEMENTS:
1. Announcement of Closed Session, if any.
2. 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
Two full terms to June 30, 2012
Benicia Housing Authority Board of Commissioners:
One full term to June 30, 2012
Economic Development Board:
Two full terms to June 30, 2012
Library Board of Trustees – Poet Laureate:
One full term to June 30, 2010
Solano Transportation Authority Pedestrian Advisory Committee:
Immediate opening – Three-year term
Tri-City and County Cooperative Planning Group Citizen Advisory Committee:
Immediate opening
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:
1. Human Services and Arts Board: Leslie Lessenger
2. Solano Transportation Authority – Pedestrian Advisory Committee: Carol Day
3. Tri City and County Cooperative Planning Group Citizen Advisory Committee: Dan Smith
C. PRESENTATIONS:
D. PROCLAMATIONS:
1. Recognition of Anthony J. Horner, City of Benicia Firefighter/Paramedic
2. National Volunteer Week – April 27 – May 3, 2008
3. National Public Safety Telecommunicators’ Week – April 13-19, 2008
4. Child Abuse Prevention Month – April, 2008
5. West Nile Virus and Mosquito Vector Control Awareness Week – April 21-25, 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 April 1, 2008. (City Clerk)
B. Acceptance of a grant deed of easement for a sidewalk along the south side of West C Street. (City Attorney & Public Works Director)
As part of the City’s approval of the project located at 221 First St., an easement is being dedicated for a new sidewalk along the south side of West C Street between First St. and the waterfront pathway. The proposed action has no budget impacts.
Recommendation: Adopt a resolution accepting a grant deed of easement for a sidewalk connection along the south side of West C Street between First St. and the waterfront pathway and authorizing the City Clerk to record the grant deed of easement.
C. Partial Release of Retention for the Benicia McAllister Area Assessment District. (Public Works Director)
The Benicia McAllister Area Assessment District was formed in 2004 as a means to fund the construction of public infrastructure (such as roads, water lines, sewer lines, storm drains) in the Southampton Unit D-6 and D-7 subdivisions. Unit D-6 was previously accepted as complete by the City Council in December 2007. The assessment district developer, Benicia CS Developers, is now requesting that the pro-rata share of proceeds from the retention fund be released for this completed work. The assessment district developer initially set-aside a retention fund equal to10% of the agreed-upon cost of the public improvements in the District as security to ensure the work was completed. The pro-rata share amount of $519,006 to be released for Unit D-6 is 61% of the total current value of this fund and includes interest accrual.
Recommendation: Adopt the resolution releasing $519,006 in retention for the completion of Southampton Unit D-6 Subdivision n the Benicia McAllister Area Assessment District.
D. Acceptance of the Lake Herman Pump Station Motor Control Center Replacement Project. (Public Works Director)
This project acceptance and notice of completion is for the Lake Herman Pump Station Motor Control Center Replacement Project. The last step of the project requires formal acceptance by the City Council and filing of the notice of completion by the City Clerk, which allows the City to process the final payment to the contractor. This final construction cost is $33,822 and was budgeted and funded from the Water Enterprise Fund.
Recommendation: Adopt a resolution accepting the Lake Herman Pump Station Motor Control Center Replacement Project as complete, including one Contract Change Order, authorizing the City Manager to sign the Notice of Completion, and authorizing the City Clerk to file same with the Solano County Recorder.
E. Approval of Amendment No. 4 to Solano Water Authority Project Agreement No. 3, Phase 2A, Watershed-of-Origin Water Rights. (Public Works Director)
The City is a participant in the Solano Water Authority Project Agreement No. 3, Phase 2A, which obtained new water rights for the City and other participants through a settlement agreement with the State of California. The proposed amendment is required to authorize additional joint funds for the project, primarily for legal and other professional services that may be needed to defend the settlement over time. The amendment will increase the project cost limit from $720,000 to $770,000 as well as reallocate past expenditures based on actual water received to date. The City’s portion totals $63,700. The cost is budgeted and sufficient funds are available in the Water Enterprise Fund
Recommendation: Adopt a resolution approving Amendment No. 4 to Solano Water Authority Project Agreement No. 3, Phase 2A, Watershed-of-Origin Water Rights and authorizing the Mayor to sign the document on behalf of the City.
F. Consideration of extending the independent auditor contract for one year. (Finance Director)
The City Council approved a 3-year Independent Auditor Contract with Maze and Associates in June 2004 upon the recommendation of the Audit and Finance Committee (AFC). The AFC recommended extending the contract for an additional year to include FY 2006-07 based upon Maze’s exemplary performance and reassignment of a new audit team. In February 2008, the AFC recommended extending the contract for one final year to include FY 2007-08, again requiring that Maze reassign new members to the audit team. Maze accepted the directive and has assigned a new Audit Supervisor, Vikki Rodriguez, CPA Partner, to perform the audit. The final year contract will increase by 3.7% to a total of $54,022 and includes an additional charge of $3,370 for the implementation of new risk-based audit standards.
Recommendation: Adopt the resolution authorizing the extension of the independent auditor contract with Maze and Associates for one year.
G. Consideration of entering a lease agreement to fund a portion of a fire engine purchase. (Finance Director)
The City Council authorized the financing of two fire engines in the FY 2007-08 Municipal Budget. Two fire engines have been ordered at a total cost of $440,756 per engine. One of the engines will be financed through a 10-year capital lease with Bar Capital Group in the amount of $365,000, with the balance of $75,756 coming from the Vehicle Replacement Fund Reserves. The interest rate for the 10-year capital lease will be 3.92%; currently the City's investment portfolio is yielding 4.48%. Total interest cost during the 10-year lease period will be $78,964 and is equal to expected investment earnings from the lease proceeds, yielding a net interest cost of -$0-. The semi-annual lease payments will total $44,396 per year. The other engine will be purchased through a 10-year $300,150 loan from the Workers’ Comp Internal Service Fund and $140,606 from Vehicle Replacement Fund Reserves.
Recommendation: Adopt the resolution authorizing the execution and delivery of a Lease Agreement with Bar Capital Group to fund a portion of the purchase of a Seagrave Fire Engine.
H. Approval of paying and reporting the value of Employer Paid Member Contributions (EPMC) to Public Employees’ Retirement System (PERS) for the City Manager and City Attorney and moving them to their own bargaining unit. (Human Resources Manager)
In October 2007, new employment agreements were approved by the City Council for both the City Manager (Resolution No. 07-114) and City Attorney (Resolution No. 07-115.) The agreements specify the City will pay, and report the value of, the full 8% of the EPMC benefit, which is a 1% increase for the City Manager. The cost of providing the additional 1% EPMC benefit to the City Manager for FY 07-08 will be $4,041. There will be no annual increase for the City Attorney. The additional retroactive amount owed to the City Attorney is $5,700.
Recommendation: Adopt the resolutions approving paying and reporting the value of the full 8% Employer Paid Member Contributions to the Public Employees’ Retirement System (PERS) for the City Manager and City Attorney and moving them to their own bargaining unit with regards to PERS.
I. Acceptance and disbursement of grant funding for barge removal. (Community Development Director)
BCDC has approved an application by the City and a grant for $172,500 for removal of mired barges within City water property between West C and D Streets. With Council approval, the City can receive those funds and expend them for the necessary work. The proposed action has no budget impacts.
Recommendation: Adopt a resolution authorizing the City Manager to execute contracts (1) accepting grant funding from the San Francisco Bay Conservation and Development Commission (BCDC), and (2) disbursing those funds for work necessary to remove barges from City property in Southampton Bay between the West C Street and West D Street rights-of-way.
J. Approval to waive the reading of all ordinances introduced and adopted pursuant to this agenda.
VIII. PUBLIC HEARINGS:
IX. ACTION ITEMS:
A. Review of proposed Tree Ordinance. (Parks & Community Services Director)
In 2004 the Parks, Recreation and Cemetery Commission formed an ad hoc Tree Committee. The formation of this committee was initiated by the City Council’s desires to review and update our tree policies. Following the formation of the Tree Committee, the City Council passed Resolution No. 05-76 that encouraged the preservation of trees and improved the manner and mechanisms in which the City facilitates that process. After many months of review, the Tree Committee recommended the proposed tree ordinance to the Parks and Recreation Commission who, in turn, are now recommending the same to the City Council.
Recommendation: Provide direction to staff regarding scheduling introduction of the proposed Tree Ordinance at a future City Council meeting.
B. Approval of preliminary work on an industrial park needs assessment and forming an ad hoc subcommittee. (Economic Development Manager)
A technology needs assessment for the Benicia Industrial Park (BIP) was recommended in the recent Economic Development Strategy; additional issues perhaps should be incorporated into a needs assessment for the area. A stakeholder committee should be formed to develop the parameters of any needs assessment, while staff begins preliminary work on the project.
Recommendation: Approve, by motion, 1) beginning staff work on an Industrial Park Needs Assessment, and 2) directing the Economic Development Board to work with the Benicia Industrial Park Association to form a subcommittee to guide the project.
C. Consideration of mid-year budget adjustments for Fiscal Years 2007-09. (Finance Director)
During the March 4, 2008 review of the Municipal Budgets, staff requested additional time to assess the current economic climate and develop budget-balancing recommendations for the Council’s consideration. Fortunately, the City of Benicia continues to benefit from a diverse economic base and will likely not suffer financial losses in FY 2007-08 that are not offset by equal financial gains. However, due to the possibility of State funding cuts to cities in FY 2008-09, staff will develop budget-reducing options and present them to the City Council during the planned Mid-Cycle Budget Review in June. The attached reports summarize the mid-year status of the General Fund as of February 29, 2008 and present budget adjustments that are required to meet program and capital project needs. The budget adjustments include changes in the General Fund, as well as changes required in other City Funds. As presented, the Amended Budget will result in a General Fund Undesignated Fund Balance at the end of FY 2007-08 of $6,472,495 or 20.4% and FY 2008-09 of $6,705,915 or 20.3%.
Recommendation: Adopt the resolution approving budget adjustments for FY 2007-09
X. INFORMATIONAL ITEMS:
A. Reports from City Manager:
B. Council Member Committee Reports:
(Council Members serve on various internal and external committees on behalf of the City. Current agendas, minutes and meeting schedules, as available, from these various committees are included in the agenda packet. Oral reports by Council Members are made only by exception.)
1. Mayor’s Committee Meeting. (Mayor Patterson)
Next Meeting Date: April 16, 2008
2. Association of Bay Area Governments (ABAG). (Mayor Patterson & Vice Mayor Campbell)
Next Meeting Date: April 24, 2008 – Spring General Assembly
3. Audit & Finance Committee. (Vice Mayor Campbell & Council Member Schwartzman)
Next Meeting Date: May 9, 2008
4. League of California Cities. (Mayor Patterson & Council Member Schwartzman)
Next Meeting Date: April 30, 2008
5. School Liaison Committee. (Council Members Ioakimedes & Hughes)
Next Meeting Date: June 12, 2008
6. Sky Valley Open Space Committee. (Vice Mayor Campbell & Council Member Iokimedes)
Next Meeting Date: May 7, 2008
7. Solano EDC Board of Directors (Mayor Patterson & Council Member Ioakimedes)
Next Meeting Date: May 29, 2008
8. Solano Transportation Authority (STA) (Mayor Patterson & Council Member Schwartzman)
Next Meeting Date: May 14, 2008
9. Solano Water Authority/Solano County Water Agency (Mayor Patterson & Vice Mayor Campbell)
Next Meeting Date: May 15, 2008
10. Traffic, Pedestrian and Bicycle Safety Committee (Vice Mayor Campbell & Council Member Hughes)
Next Meeting Date: April 17, 2008
11. Tri-City and County Regional Parks and Open Space (Vice Mayor Campbell & Council Member Hughes)
Next Meeting Date: May 5, 2008
12. Valero Community Advisory Panel (CAP) (Council Member Hughes)
Next Meeting Date: April 24, 2008
13. Youth Action Task Force (Council Members Ioakimedes & Schwartzman)
Next Meeting Date: April 23, 2008
14. ABAG/CAL FED Task Force/Bay Area Water Forum (Mayor Patterson)
Next Meeting Date: April 28, 2008
XI. COUNCIL MEMBER REPORTS:
A. Request to agendize City Council meetings live, via streaming video, on the Internet. (Vice Mayor Campbell)
Several municipalities now show their meetings live on the Internet and Vice Mayor Campbell would like the City of Benicia to explore providing this via the City’s web site.
Recommendation: Consider agendizing for a future City Council meeting.
B. Request to agendize discussion of the campaign reform ordinance. (Vice Mayor Campbell)
Vice Mayor Campbell has requested that the City Council consider placing an item on a future agenda regarding additions to the existing ordinance, including language regarding the voluntary recusal of Council Member who has taken $1,000 or more from a party who has a financial interest in a matter before the Council. Another proposed addition would be to require financial disclosure by any group or individual who does a political related mailing or a mailing trying to influence a City Council on an upcoming or potential future City Council agenda item.
Recommendation: Consider agendizing for a future City Council meeting.
XII. ADJOURNMENT |
