1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Videoconferencing Meeting
February 15, 2022
6:00 PM
Coronavirus (Covid-19) Advisory Notice
Consistent with Government Code section 54953(e), and in light of the declared state of emergency, the meeting will not be physically open to the public. Members of the City Council and staff will participate in this meeting via videoconferencing as permitted under Government Code section 54953(e).
As always, the public may submit public comments in advance and may view the meeting from home.
Below is information on how to watch the meeting via cable and/or live stream and how to send in public comments that will be part of the public record.
How to Watch the Meeting:
1) Cable T.V. Broadcast - Check with your cable provider for your local government broadcast channel.
2) Livestream online at www.ci.benicia.ca.us/agendas.
3) Zoom Meeting (link below)
How to Submit Public Comments for this videoconferencing meeting:
Members of the public may provide public comments to the City Clerk by email at [email protected]. Any comment submitted to the City Clerk should indicate to which item of the agenda the comment relates. Specific information follows:
- Comments received by 2:00 pm on the day of the meeting will be electronically forwarded to the City Council and posted on the City’s website, but will not be read into the record. - Comments received after 2:00 pm, but before the start time of the meeting will be electronically forwarded to the City Council, but will not be posted on the City’s website, and will not be read into the record.
2 - Comments received after the start time of the meeting, but prior to the close of the public comment period for an item will be read into the record, with a maximum allowance of 5 minutes per individual comment, subject to the Mayor's discretion.
Additionally, the public may view and provide public comment via Zoom (via computer or phone) link:
https://us02web.zoom.us/j/86375465437?pwd=YkdaTnpXNmhlMUdHeFZ0aXVHL2FKQT09 • If prompted for a password, enter 692424.
• Use participant option to “raise hand” during the public comment period for the item you wish to speak on. Please note, your electronic device must have microphone capability. Once unmuted, you will have up to 5 minutes to speak.
Dial in with phone:
Before the start of the item you wish to comment on, call any of the numbers below. If one is busy, try the next one.
1 669 900 9128
1 346 248 7799
1 253 215 8782
1 646 558 8656
1 301 715 8592
1 312 626 6799
• Enter the meeting ID number: 863 7546 5437 *please note this is an updated ID number*. • Enter password: 692424
• When prompted for a Participant ID, press #.
• Press *9 on your phone to “raise your hand” when the Mayor calls for public comment during the item you wish to speak on. Once unmuted, you will have up to 5 minutes to speak.
Any member of the public who needs accommodations should email City Clerk Lisa Wolfe at [email protected], who will use her best efforts to provide as much accessibility as possible while also maintaining public safety.
1. Call Special Meeting To Order (5:30 P.M.)
2. Convene Open Session
3. Roll Call
4. Reference To The Fundamental Rights Of The Public
The fundamental rights of each member of the public can be found in the municipal code posted on the City’s website per section 4.04.030 of the City of Benicia's Open Government Ordinance.
5. Adjourn To Closed Session
3 5.A - CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: (900 East 2nd Street)
Agency negotiator: (Mario Giuliani)
Negotiating parties: (Bay Area Air Quality Management District) Under negotiation: (Price, and terms of payment)
6. Reconvene Open Session
7. Announcement From Closed Session, If Any
8. Adjournment Of Special Meeting And Call Regular Meeting To Order (6:00 P.M.)
9. Roll Call
10. Pledge Of Allegiance
11. Reference To The Fundamental Rights Of The Public
The fundamental rights of each member of the public can be found in the municipal code posted on the City’s website per section 4.04.030 of the City of Benicia's Open Government Ordinance.
12. Announcements
12.A - MAYOR'S OFFICE HOURS
Mayor Young is maintaining an open office on the first and third Mondays of the month (except holidays) in the Mayor's office of City Hall from 4:30 to 6:00 p.m. No appointment is necessary. Other meeting times may be scheduled through City Hall by calling 707-746-4200.
12.B - OPENINGS ON BOARDS AND COMMISSIONS
- Building Code Board of Appeals
1 Full Term, Expiring July 31, 2025
- Housing Authority Board
1 Tenant Term, Expiring January 31, 2024
- Library Board of Trustees
1 Partial Term, Expiring July 31, 2022
- Open Government Commission
4 2 Full Terms, Expiring January 31, 2026
- Sky Valley Open Space Committee
1 Full Term, Expiring January 31, 2023
13. Proclamations
13.A - TEEN DATING VIOLENCE AWARENESS AND PREVENTION WEEK FEBRUARY 21-25, 2022
Proclamation - Teen Dating Violence and Prevention Week
13.B - BLACK HISTORY MONTH FEBRUARY 2022
Proclamation - Black History Month February 2022
14. Appointments
15. Presentations
15.A - ECONOMIC DEVELOPMENT ANNUAL REPORT (Deputy City Manager)
15.B - ECO AWARDS (Public Works Director)
16. Adoption Of The Agenda
17. Opportunity For Public Comments
How to Submit Public Comments for this videoconferencing meeting:
Members of the public may provide public comments to the City Clerk by email at [email protected]. Any comment submitted to the City Clerk should indicate to which item of the agenda the comment relates. Specific information follows:
- Comments received by 2:00 pm on the day of the meeting will be electronically forwarded to the City Council and posted on the City’s website, but will not be read into the record. - Comments received after 2:00 pm, but before the start time of the meeting will be electronically forwarded to the City Council, but will not be posted on the City’s website, and will not be read into the record.
- Comments received after the start time of the meeting, but prior to the close of the public comment period for an item will be read into the record, with a maximum allowance of 5 minutes per individual comment, subject to the Mayor's discretion.
Additionally, the public may view and provide public comment via Zoom (via computer or phone) link:
5 https://us02web.zoom.us/j/86375465437?pwd=YkdaTnpXNmhlMUdHeFZ0aXVHL2FKQT09 • If prompted for a password, enter 692424.
• Use participant option to “raise hand” during the public comment period for the item you wish to speak on. Please note, your electronic device must have microphone capability. Once unmuted, you will have up to 5 minutes to speak.
Dial in with phone:
Before the start of the item you wish to comment on, call any of the numbers below. If one is busy, try the next one.
1 669 900 9128
1 346 248 7799
1 253 215 8782
1 646 558 8656
1 301 715 8592
1 312 626 6799
• Enter the meeting ID number: 863 7546 5437 *please note this is an updated ID number*. • Enter password: 692424
• When prompted for a Participant ID, press #.
• Press *9 on your phone to “raise your hand” when the Mayor calls for public comment during the item you wish to speak on. Once unmuted, you will have up to 5 minutes to speak.
18. Written Comment
19. Public Comment
20. 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.
20.A - APPROVAL OF CITY COUNCIL MINUTES FROM JANUARY 18, 2022, JANUARY 24, 2022, JANUARY 25, 2022 AND FEBRUARY 1, 2022 SPECIAL AND REGULAR MEETINGS (City Clerk)
Recommendation:
Approve the minutes.
January 18 2022 City Council Meeting Minutes
January 24 2022 Special City Council Meeting Minutes
January 25 2022 City Council Meeting Minutes
6 February 1 2022 City Council Meeting Minutes
20.B - APPROVE ADDITION OF A PROCURMENT SERVICES AND PROGRAM
SPECIALIST POSITION FOR THE FINANCE DEPARTMENT, SALARY SCHEDULES, AND NECESSARY BUDGET AMENDMENTS (Finance Director)
The City continues to evaluate and adjust, as needed, the responsibility and manner in which many functions occur, both administrative and operational. As such, the City Manager and Finance Director have consolidated functions within both departments into one centralized position within the Finance Department. The recommended position addition is to add 1 Full Time Employee (FTE) Procurement Services and Program Specialist to the Finance Department. to support the following functions (major areas):
• Purchasing Policy, including Federal guidelines
• Procurement (Request for Proposal (RFP) management, procedure, and process improvement) • Contract Management
• Risk Management (excluding Worker’s Compensation and employee risk management programs) • Real Property Management (City Owned and City Leased Facilities) The recommended changes provide the Finance Department the appropriate structure to continue to move forward with the imperative changes to operations, Citywide policy and procedure, and the necessary budget amendments to fund the position through the remainder of FY 2021/22.
Recommendation:
Move to adopt a resolution (Attachment 1), approving position allocation changes, amendments to the City’s Classification Plan and accompanying salary ranges for the positions as described, and budget amendments increasing appropriations in the amount of $50,000 in the General Fund, offset using the General Fund available fund balance.
Staff Report - Addition of a Procurement Services and Program Specialist for the Finance Department
1. Resolution - Addition of a Procurement Services and Program Specialist for the Finance Department
20.C - APPROVAL OF THE NECESSARY BUDGET AMENDMENTS TO MAKE A PAYMENT RELATED TO THE CITY OWNED MARINA (Finance Director) The City owns the Marina and leases the operation to Benicia Harbor Corporation (BHC). Current contractual payments are due to BHC in the amount of $99,652, related to the Marina dredging. These payments were not budgeted in FY 2021/22; thus, a budget amendment is required to appropriate the necessary funds.
Recommendation:
Move to adopt a Resolution (Attachment 1) approving a budget amendment to fund the payment due to BHC.
7 Staff Report - Budget Amendment for Marina Budget
1. Resolution - Budget Amendment for Marina Budget
20.D - BUDGET AMENDMENTS FOR PROPOSITION 68 PER CAPITA FUNDING (Parks and Community Services Director)
The City was allocated $177,952 as part of the Proposition 68 Per Capita Program funding from California State Parks for qualifying projects that expand access to recreation. The General Ledger (GL) accounts being used to record expenses and the Prop 68 reimbursements need to be amended to reflect the allocated amount of funding.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the necessary budget amendments to allow the grant funds to be used in accordance with the Grant Contract for Proposition 68 funds.
Staff Report - Budget Amendments for Proposition 68 Per Capita Funding
1. Resolution - Budget Amendments for Proposition 68 Per Capita Funding
2. Prop 68 Development Project Scope - Cost Estimate Form
3. Prop 68 Grant Contract
20.E - BUDGET AMENDMENTS TO ESTABLISH GENERAL LEDGER ACCOUNTS
FOR REVENUE AND EXPENSES ASSOCIATED WITH THE ENFORCEMENT OF THE TREES AND VIEWS CHAPTER OF THE BENICIA MUNICIPAL CODE (Parks and Community Services Director)
Section 17.82.100 of the Benicia Municipal Code specifies that in the event a correction to a view obstruction complaint is authorized, the complainant shall pay the entire cost of the correction. If the tree or hedge is on City property, or in open space, the City of Benicia will be listed as the property owner responsible for the correction. The Parks and Community Services Department will collect the full cost of the correction from the complainant, deposit the funds into a City General Ledger (GL) account, and then pay a vendor for services rendered.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the necessary budget amendments to identify the GL account and establish a budget in the identified GL account to allow for the posting of income and expenses for view obstruction projects.
Staff Report - Budget Amendment for Trees and Views Ordinance
1. Resolution - Budget Amendments to Establish General Ledger Accounts for Trees and Views Ordinance
8 20.F - APPROVAL OF THREE ON-CALL AGREEMENTS FOR MASTER
PROFESSIONAL ENGINEERING SERVICES FOR WATER AND WASTEWATER PROJECTS (Public Works Director)
Staff recommends approving three on-call engineering services (design, construction management and inspection, and project management) agreements for water and wastewater projects. Due to staffing shortages, City staff does not have the capacity or expertise to perform this work in-house.
Recommendation:
Adopt a resolution (Attachment 1) approving agreements for master professional engineering services with Coastland Civil Engineering, LLP (Attachment 2), Harris & Associates, Inc. (Attachment 3) and Stantec Consulting Services, Inc. (Attachment 4) for on-call engineering design, construction management/inspection and project management services for water and wastewater projects at a not-to-exceed cost of $300,000 per firm per fiscal year for a combined total of $900,000 per fiscal year.
Staff Report - On-Call Engineering Contracts for Utilities
1. Resolution - On-Call Agreements for Master Professional Engineering Services for Water and Wastewater Projects
2. Coastland Civil Engineering, LLP Agreement
3. Harris & Associates, Inc. Agreement
4. Stantec Consulting Services, Inc. Agreement
20.G - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
21. Business Items
21.A - PARKS, TRAILS & OPEN SPACE MASTER PLAN UPDATE
The purpose of this report is to provide a status update and presentation on the Parks, Trails & Open Space Master Plan process, including key findings from the Demographics and Trends Analysis, Existing Conditions Analysis, and Public Outreach & Engagement process, and an overview of the upcoming work to complete the Master Plan update.
Recommendation:
Receive the presentation, accept public comment, and provide feedback and direction to staff.
Staff Report - Parks Trails Open Space Master Plan Update
1. Demographics and Trends Report
9 2. Parks Site Assessment Memo Including List of Parks Map and Primary Takeaways with Photos
3. Existing Conditions Mapping Memo
4. Public Input Executive Summary
5. Statistically Valid Survey Findings Report
21.B - UPDATE ON FACE COVERINGS MANDATE AND CONTINUATION OF
VIRTUAL MEETINGS
On August 24, 2021, Council passed Resolution No. 21-88, requiring face coverings be worn in all indoor public settings in the City. The resolution ordered that the item return for review after six weeks and, additionally, when the City is not in the substantial or high transmission of COVID-19, as defined by the Centers for Disease Control (CDC), for a thirty-day period.
On September 21, 2021, Council discussed protocols for City Council Chambers and directed staff to continue with virtual meetings with the same review requirements as the face covering mandate.
At the October 19, 2021 City Council meeting, and again at the November 16, 2021 City Council meeting, Council directed staff to bring back the face covering mandate, as well as the continuation of virtual meetings, for further Council review and discussion.
At the December 7, 2021 City Council meeting Council directed to continue the face covering mandate without change and bring back the item for further discussion of creating a more holistic approach than the current single measurement of transmission rates at the January 18, 2022 City Council meeting.
At the January 18th, 2022 City Council meeting Council decided to wait for the State of California to make any changes to their face covering mandate and then have staff bring an item forward at the next Council meeting. On February 7th, 2022, the State announced the State’s face covering mandate would be lifted on February 16th.
Recommendation:
Receive the update. Consider voting on any changes to the criteria in Resolution 21-88 used to determine whether to lift the mandate, rescind the Resolution, or keep it in place with no changes.
Staff Report - Update on Face Coverings Mandate and Continuation of Virtual Meetings
1. Resolution No. 21-88
22. 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 committees are included in the agenda packet. Oral reports by the Council Members are made only by exception.)
22.A - COUNCIL MEMBER COMMITTEE REPORTS
10 Council Member Committee Reports
23. Adjournment Of Regular Meeting (9:30 P.M.)
11 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 Kim Imboden, 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 12 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. 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 Young: 707-746-4213
Vice Mayor Campbell: 707-746-4213
Council Member Strawbridge: 707-746-4213
Council Member Largaespada: 707-746-4213
Council Member Macenski: 707-746-4213