City Council Meeting Agenda

BENICIA CITY COUNCIL MEETING CITY COUNCIL MEETING AGENDA

December 20, 2016 7:00 PM

CALL TO ORDER 1. CLOSED SESSION (5:30 P.M.) 1.A - LABOR NEGOTIATIONS CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6 (a)) Agency Negotiators: Interim City Manager, Assistant City Manager/Fire Chief, Acting Human Resources Manager, Deputy City Manager/Economic Development Manager Employee organizations: Benicia Police Officers' Association, Benicia Dispatchers' Association, Senior Managers, Benicia Public Service Employee Association 1.B - CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code section 54956.8 Property: From Valero Refinery at 3400 East 2nd Street to the City Wastewater Treatment Plant on 614 East 5th Street Agency Negotiator: Public Works Director Negotiating Parties: City of Benicia and Valero Refinery Under Negotiations: Price and Terms of Payment 1.C - PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: Interim City Manager 1.D - CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 1 - Valero 1

2. CONVENE OPEN SESSION (7:00 P.M.) 3. ROLL CALL 4. PLEDGE OF ALLEGIANCE 5. REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC A plaque stating the fundamental rights of each member of the public is posted at the entrance to this meeting room per section 4.04.030 of the City of Benicia's Open Government Ordinance. 6. ANNOUNCEMENTS 6.A - ANNOUNCEMENT OF ACTION TAKEN AT CLOSED SESSION, IF ANY 6.B - 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 to 7:00 p.m. No appointment is necessary. Other meeting times may be scheduled through City Hall by calling 746-4200. 6.C - BENICIA ARSENAL UPDATE Update from City Attorney. 6.D - OPENINGS ON BOARDS AND COMMISSIONS Arts & Culture Commission -1 full term Civil Service Commission -1 full term Community Sustainability Commission - 1 Student Commissioner term Finance Committee - 2 full terms Human Services Board - 1 full term Open Government - 1 full term 2

Planning Commission - 2 full terms Sky Valley Open Space Committee - 3 full terms Any citizen interested in serving on any City commission or board is encouraged to file an application with the City Clerk's Office for the board or commission of interest. Applications can be found on the City's website under City Government, Boards and Commissions. Current openings are listed above and the deadline for submitting an application is Monday, January 16, 2017. 7. PROCLAMATIONS 8. APPOINTMENTS 8.A - APPOINTMENTS OF COUNCIL MEMBERS TO VARIOUS COMMITTEES (Mayor Patterson) Following a City Council election, the Mayor makes the appointments of Council Members to the various committees, subject to Council confirmation. These committees include outside agency committees, standing committees, and ad hoc committees. Recommendation: Confirm the proposed appointments of Council Members to standing, ad hoc and outside agency committees and discuss if appropriate. Committee Appointments, Staff Report Committee Appointments, Chart Committee Appointments, Resolution 9. PRESENTATIONS 10. ADOPTION OF AGENDA 11. OPPORTUNITY FOR PUBLIC COMMENTS This portion of the meeting is reserved for persons wishing to address the Council on any matter not on the agenda that is within the subject matter jurisdiction of the City Council. State law prohibits the City Council from responding to or acting upon matters not listed on the agenda. Each speaker has a maximum of five minutes for public comment. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire 3

group. Speakers may not make personal attacks on council members, staff or members of the public, or make comments which are slanderous or which may invade an individual's personal privacy. 12. WRITTEN COMMENT 13. PUBLIC COMMENT 14. 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. 14.A - APPROVAL OF THE CITY COUNCIL MEETING MINUTES FROM DECEMBER 6, 2016 (City Clerk) Meeting Minutes, 12/6/2016 A Meeting Meeting Minutes, 12/6/2016 B Meeting 14.B - AWARD MEASURE C FIRST STREET CURB, RAMP, AND BRICK PATTERN SIDEWALK REPLACEMENT PROJECT NO. 16-05 TO ELIZALDE CONSTRUCTION, INC. (Public Works Director) On November 4, 2016, a request for proposal was sent to seven (7) Bay Area concrete construction firms. The work includes removal, replacement and installation of existing brick pattern sidewalk and the replacement of concrete ADA curb ramps. On November 30, 2016, two (2) bids were received and opened with the lowest responsive bid of $214,626.00 submitted by Elizalde Construction, Inc. of Benicia, California. The bid was reviewed and determined to be responsive. Appropriating funding and awarding the contract will allow the work to proceed. Staff is recommending a contingency amount of $21,463 be allocated to the not to exceed contract amount and $13,911 for staff time construction management. Recommendation: Award Measure C and Gas Tax First Street Curb, Ramp, and Brick Pattern Sidewalk Replacement Project No. 16-05 to Elizalde Construction, Inc., in the amount not to exceed $236,089.00, and authorize the City Manager to sign the contract on behalf of the City. Award Measure C First Street Sidewalk Project, Staff Report Award Measure C First Street Sidewalk Project, Resolution

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14.C - ACTIVE TRANSPORTATION PROGRAM'S SAFE ROUTE TO SCHOOL AGREEMENT WITH VALLEJO AND SOLANO TRANSPORTATION AUTHORITY (Public Works Director) The Project will construct over $800,000 worth of traffic and pedestrian safety improvements at five (5) schools in the City of Benicia and two (2) schools in the City of Vallejo - locations and scope of work are summarized below. City Council approval of the Funding and Management Agreement between the Solano Transportation Authority and the Cities of Benicia and Vallejo will confirm staff roles and responsibilities for delivering the Project and allow completion in Fiscal Year 17/18. Recommendation: Adopt a resolution approving a Funding and Management Agreement between the Solano Transportation Authority (STA) and the Cities of Benicia and Vallejo for the Active Transportation Program (ATP) Cycle 2 Safe Routes to Schools (SR2S) Project and authorizing the City Manager, or designee, to execute the Agreement. Safe Routes to School, Staff Report Safe Routes to School, Resolution Safe Routes to School, Ageement 14.D - APPROVAL OF AN AGREEMENT WITH BURKE, WILLIAMS & SORENSEN FOR OUTSIDE COUNSEL SERVICES RELATED TO THE BUS HUB PROJECT (City Attorney) The City was served with a lawsuit by the contractor for the bus hub project on October 31, 2016. Outside counsel services are required for this litigation. The City Attorney entered into an agreement with Burke, Williams & Sorensen for these services. In case the cost of defense exceeds $50,000, City Council approval is requested. Recommendation: Authorize, by motion, the agreement with Burke, Williams & Sorensen for attorney services for the bus hub project lawsuit and authorize the City Attorney to execute the agreement. Attorney Services Agreement Burke Williams, Staff Report 14.E - APPROVAL OF AMENDMENT TO AGREEMENT WITH COASTLAND CIVIL ENGINEERING, INC. FOR DESIGN SERVICES FOR THE 2016 MEASURE C PAVING PROJECT AT SOUTHAMPTON ROAD AND INDUSTRIAL WAY AND ADDITIONAL STREETS (Public Works Director) On October 18, the City Council approved funding for the 2017 Citywide Street Resurfacing Program, which added more street paving work to the Measure C Paving Project. This action approves an amendment to an agreement with Coastland Civil Engineering Inc. for the engineering consultant to design five additional streets to be included in the construction bid documents, which already includes Southampton Road 5

(between Hastings Drive and west of the Waterview Apartments entrance) and Industrial Way (between Lake Herman Drive and Teal Drive). Recommendation: Adopt a resolution approving an amendment to agreement for design engineering services of five additional streets for the 2016 Measure C Paving Project at Southampton Road, East O Street, St. Augustine Drive, Panorama Court, Merlin Court, and Teal Drive in the amount of $14,555, and authorizing the Interim City Manager to execute the amendment on behalf of the City. Coastland Civil Engineering, Staff Report Coastland Civil Engineering, Resolution Coastland Civil Engineering, Amendment No. 1 Coastland Civil Engineering - Master Agreement 14.F - CORRECTED SECOND READING OF THE 2016 CALIFORNIA FIRE CODE AND BUILDING CODES AND CHAPTER AMENDMENTS TO ENSURE COMPLIANCE WITH CALIFORNIA CODE OF REGULATION REQUIREMENTS IN THE HEALTH AND SAFETY CODE AND PUBLIC RESOURCES CODE (Community Development Director) The State of California Building Standards Commission has adopted the 2016 California Fire and Building Codes and has set a mandatory implementation date of January 1, 2017. The 2016 editions of the California Building Codes will bring the City of Benicia to the current code standard in the State of California. Recommendation: Conduct the second reading of a corrected ordinance adopting the 2016 editions of the California Fire Code and Building Code, and the 2015 International Pool and Spa Code (IPSC) among others. Corrected 2nd Reading, Building Code Update, Staff Report Building Code, Ordinance 14.G - CHANGE THE REGULAR CITY COUNCIL MEETING OF JANUARY 3, 2017 TO A SPECIAL MEETING WITH ADJUSTED START TIME (Acting Deputy City Manager) Staff proposes adjusting the regular scheduled start time of the City Council meeting on January 3, 2017 to begin at 5:30 p.m. to accommodate an Open Government and Brown Act Training Workshop with the City Council; a Closed Session shall immediately follow the conclusion of the workshop. Recommendation: 6

Adopt, by motion, the proposed change to the regularly scheduled City Council meeting for January 3, 2017. City Council Meeting Change to Special Meeting, Staff Report 14.H - DENIAL OF THE CLAIM AGAINST THE CITY BY LOIS MCDONALD AND REFERRAL TO INSURANCE CARRIER (City Attorney) The claimant alleges that while walking to her car on First Street, she tripped on the raised pavement by a tree. She fell onto her knees and her side. Recommendation: Deny the claim against the city by Lois McDonald and referral to insurance carrier. Claim Denial McDonald, Staff Report Claim Denial McDonald, Redacted Claim Form 15. BUSINESS ITEMS 15.A - PUBLIC HEARING TO CONSIDER ADOPTION OF A 45-DAY INTERIM URGENCY ORDINANCE PROHIBITING CULTIVATION OF NONMEDICAL MARIJUANA; THE COMMERCIAL DELIVERY, DISTRIBUTION, TRANSPORTATION, MANUFACTURING, RETAIL OPERATIONS, AND TESTING FACILITIES FOR MEDICAL CANNABIS AND NONMEDICAL MARIJUANA; AND THE OUTDOOR CULTIVATION OF NONMEDICAL MARIJUANA WITHIN THE CITY AND INTRODUCTION OF ORDINANCES TO AMEND CURRENT MEDICAL MARIJUANA REGULATIONS TO INCLUDE NONMEDICAL MARIJUANA. (City Attorney) Existing city regulations address medical marijuana and essentially prohibit commercial dispensaries and public use. With the passage of Proposition 64 that provides for recreational use of marijuana, it is appropriate to amend the city’s regulations for marijuana to address nonmedical use of marijuana. Adoption of the interim urgency ordinance will allow time to consider appropriate regulations for nonmedical or recreational marijuana. The County has adopted a similar urgency ordinance. Recommendation: 1. Adopt the interim urgency ordinance to address nonmedical marijuana issues to allow time for the city to consider appropriate regulations. A four/fifths vote is required. 2. Introduce the ordinance amend the prohibitions on public consumption of marijuana to include nonmedical marijuana. A majority vote is required. 3. Introduce the ordinance to amend the prohibitions on marijuana facilities, delivery and cultivation to include nonmedical marijuana. A majority vote is required. Marijuana, Staff Report Marijuana- Moratorium Ordinance 7

Marijuana - Facilities Ordinance Marijuana - Consumption Ordinance Marijuana - Solano County Staff Report Marijuana - Solano County - A - Medical Marijuana-Summary of other States Regulations Marijuana - Solano County - B - Recreational Marijuana-Summary of other States Regulations Marijuana - Solano County - C - Local Jurisdiction Summary of Ordinances Marijuana - Solano County - D - Types of Commercial Marijuana Licenses Marijuana - Solano County - E - Possible Med. Marijuana Lic. Marijuana - Solano County - F - Possible Med. Marijuana Lic. Marijuana - Solano County - G - Possible Med. Marijuana Lic. Marijuana - Solano County - H - Possible Med. Marijuana Lic. Marijuana - Solano County - I - AUMA BRIEF PH Position (1) Marijuana - Solano County - J - Notice of Public Hearing Marijuana - Solano County - K- Minute Order Solano County Moratorium 15.B - AUTHORIZE THE POLICE AND FIRE DEPARTMENT TO ENTER INTO NEGOTIATIONS WITH THE EAST BAY REGIONAL COMMUNICATIONS SYSTEM AUTHORITY (EBRCSA) TO JOIN THAT RADIO SYSTEM (Fire Chief and Police Chief) The current radio system utilized by the Police and Fire department is owned by the City of Benicia. It is outdated, unreliable, and presents safety concerns for both Police and Firefighters and puts them and the community at risk. It is likely to fail in the event of a significant natural disaster. A modern radio system would likely cost in the area of $10-$15 million. The City has an opportunity to join the East Bay Regional Communications Authority (EBRCSA), a robust, reliable and very effective multi-jurisdictional radio system that would advance the City’s radio capabilities as well as the City’s capabilities for interoperable communications at a cost of approximately $850,000. Additionally, approximately $250,000 of this $850,000 would go to new radio consoles in the communications center, which are currently outdated and no longer supported by the manufacturer and must be replaced in the next 1-2 years regardless of whether or not the City changes the radio system. Staff is recommending earmarking surplus FY 16-17 Measure C funds for the City’s matching contribution. 8

Recommendation: Adopt a resolution authorizing the Police and Fire Departments to enter into negotiations with the East Bay Regional Communications System Authority (EBRCSA) to join that radio system and earmarking surplus FY 16-17 Measure C funds for the City’s matching contribution. EBRCSA, Staff Report EBRCSA, Resolution 15.C - CERTIFICATION OF APPOINTMENT FOR CALPERS RETIRED ANNUITANT FOR EXCEPTION OF 180-DAY RULE UNDER GOVERNMENT CODE SECTIONS 7522.56, 21224, AND 21221(h) (Senior Human Resources Manager) Library Director Diane Smikahl is retiring on December 30, 2016. The City is currently advertising for a new Library Director, and Ms. Smikahl’s history and knowledge of the City will be critical for training the new Director. Ms. Smikahl has agreed to serve in an Interim role during the recruitment and orientation of a new Director. The proposed resolution will allow Ms. Smikahl to work temporarily as a retired annuitant in conformance with state law. Recommendation: Approve a resolution certifying the nature of the employment and appointment of Diane Smikahl (Vieira) as a retired annuitant serving as Interim Library Director. Retired Annuitant, Staff Report Retired Annuitant, Resolution 15.D COUNCIL MEMBER CAMPBELL'S REQUEST TO AGENDIZE DISCUSSION OF FUNDING AND IMPLEMENTING PRESCRIPTION TAKE BACK PROGRAM (Acting Deputy City Manager) Council Member Campbell seeks to have the City Council discuss and consider allocating funds to create a prescription drug take back program facilitated by the police department. Recommendation: Consider Council Member Campbell's request to agendize a discussion of funding a prescription drug take back program. 2-Step Request for Drug Take-Back Program, Staff Report 2-Step Request form Campbell, Drug Take-Back Program 16. COUNCIL MEMBER COMMITTEE REPORTS: (Council Member serve on various internal and external committees on behalf of the City. Current agendas, minutes and meeting schedules, as available, from these various 9

committees are included in the agenda packet. Oral reports by the Council Members are made only by exception.) 16.A - ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) http://www.abag.ca.gov/ Next Meeting Date: January 30, 2017 ABAG, Staff Report 16.B - ASSOCIATION OF BAY AREA GOVERNMENTS- CAL FED TASK FORCE, BAY AREA WATER FORUM www.baywaterforum.org Next Meeting Date: TBD MTC-ABAG, Staff Report 16.C - FINANCE COMMITTEE Next Meeting Date: December 15, 2016 Finance Committee, Staff Report 16.D - LEAGUE OF CALIFORNIA CITIES Next Meeting Date: January 28, 2017 League of California Cities, Staff Report 16.E - MARIN CLEAN ENERGY (MCE) Next Meeting Date: January 19, 2017 MCE, Staff Report 16.F - MAYOR'S COMMITTEE MEETING Next Meeting Date: TBD Mayor's Committee, Staff Report 16.G - SCHOOL LIAISON COMMITTEE Next Meeting Date: TBD School Board Liaison, Staff Report 10

16.H - SKY VALLEY OPEN SPACE COMMITTEE Next Meeting Date: TBD Sky Valley Open Space, Staff Report 16.I - SOLANO EDC BOARD OF DIRECTORS Next Meeting Date: January 12, 2017 Solano EDC, Staff Report Solano EDC Agenda 16.J - SOLANO TRANSPORTATION AUTHORITY (STA) Next Meeting Date: January 11, 2017 Solano Transportation Authority, Staff Report 16.K - SOLANO WATER AUTHORITY- SOLANO COUNTY WATER AGENCY AND DELTA COMMITTEE Next Meeting Date: January 12, 2017 SCWA, Staff Report SCWA, Agenda SCWA, Minutes 16.L - SOLTRANS JOINT POWERS AUTHORITY Next Meeting Date: December 15, 2016 SolTrans Committee, Staff Report 16.M - TRAFFIC, PEDESTRIAN AND BICYCLE SAFETY COMMITTEE Next Meeting Date: January 19, 2017 TPBS Committee, Staff Report TPBS Committee Minutes 16.N - TRI-CITY AND COUNTY COOPERATIVE PLANNING GROUP “SOLANO OPEN SPACE” 11

Next Meeting Date: March 13, 2017 Solano Open Space, Staff Report 16.O - VALERO COMMUNITY ADVISORY PANEL Next Meeting Date: TBD CAP, Staff Report 16.P - YOUTH ACTION COALITION Next Meeting Date: December 14, 2016 Youth Action Council, Committee Report 17. ADJOURNMENT (9:30 P.M.)

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Public Participation The Benicia City Council and its Boards and Commissions welcome 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 or Special Needs In compliance with the Americans with Disabilities Act (ADA) and to accommodate any special needs, if you need special assistance to participate in this meeting, please contact Rick Knight, the ADA Coordinator, at (707) 746-4200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the 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 13

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. A complete proceeding of each meeting is also recorded and available through the City Clerk’s Office. Contact Your Council Members If you would like to contact the Mayor or a Council Member, please call the number listed below to leave a voicemail message. Mayor Patterson: 746-4212 Vice Mayor Hughes: 746-4213 Council Member Campbell: 746-4213 Council Member Schwartzman: 746-4213 Council Member Strawbridge: 746-4213

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