1 BENICIA CITY COUNCIL
CITY COUNCIL MEETING AGENDA
Videoconferencing Meeting
March 1, 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/87019045921?pwd=Q0t3Z2dpZ3JCMExBNzh4emcwelVpZz09 • If prompted for a password, enter 419723.
• 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: 870 1904 5921 *please note this is an updated ID number*. • Enter password: 419723
• 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 To Order (6:00 P.M.)
2. Convene Open Session
3. Roll Call
4. Pledge Of Allegiance
5. 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. 3 6. Announcements
6.A - 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
2 Full Terms, Expiring January 31, 2026
- Sky Valley Open Space Committee
1 Full Term, Expiring January 31, 2023
6.B - 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.
7. Proclamations
7.A - PROCLAMATION - AMERICAN RED CROSS MONTH - MARCH 2022 Proclamation - American Red Cross Month
8. Appointments
8.A - MAYOR'S APPOINTMENT OF KEN PAULK, CITY TREASURER, TO THE ECONOMIC DEVELOPMENT BOARD FOR A FULL TERM ENDING JANUARY 31, 2026.
Resolution Appointing Ken Paulk, City Treasurer, to the Economic Development Board
9. Presentations
9.A - BAY AREA AIR QUALITY MANAGEMENT DISTRICT VALERO UPDATE (BAAQMD Staff)
4 10. Adoption Of Agenda
11. 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:
https://us02web.zoom.us/j/87019045921?pwd=Q0t3Z2dpZ3JCMExBNzh4emcwelVpZz09 • If prompted for a password, enter 419723.
• 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: 870 1904 5921 *please note this is an updated ID number*. • Enter password: 419723
• 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.
12. Written Comment
13. Public Comment
5 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 CITY COUNCIL MINUTES FROM FEBRUARY 15, 2022 REGULAR MEETING (City Clerk)
February 15 2022 City Council Meeting Minutes
14.B - AUTHORIZING BUDGET AMENDMENT TO INCREASE FUNDS AVAILABLE TO COMPLETE THE INORI SCULPTURE PUBLIC ART INSTALLATION (Library and Cultural Services Director)
In 2019, the Benicia Public Library received a donation of public art known as the Inori Sculpture from the artist’s family. The family included an additional $3,000 cash donation to help cover the cost of restoration and installation. The total unbudgeted amount for restoration and installation is $7,646. This budget amendment will move the $3,000 donation, currently unbudgeted, and an additional $4,646 from Measure C Non-departmental funds set aside for public art, to fund the final phase of installation.
Recommendation:
Move to adopt a resolution (Attachment 1) approving a budget amendment within the Arts and Culture budget, to reflect the total amount of funding required to complete restoration and installation of the public art piece known as the Inori Sculpture.
Staff Report - Authorizing Budget Amendment to Complete the Inori Sculpture Restoration and Installation
1. Resolution - Budget Amendment to Complete the Inori Sculpture Restoration and Installation
14.C - AUTHORIZING THE ACCEPTANCE OF A CALIFORNIA LIBRARY LITERACY SERVICES GRANT AND BUDGET AMENDMENT (Library and Cultural Services Director)
The Benicia Public Library has received a grant for $26,380 from the California Library Literacy Services to help fund adult literacy services to Benicia residents in fiscal year 2021/22. When the budget was adopted, the amount appropriated to this fund was $24,000. Now that the total amount has been awarded, a budget adjustment is needed to make the total amount of grant funds available for use.
Recommendation:
Move to adopt a resolution (Attachment 1) authorizing the acceptance of the grant and approving a budget amendment to the Library’s State Funded Literacy Account so it will correctly reflect the total amount of award funds for this fiscal year.
6 Staff Report - Authorizing the Acceptance of a California Library Literacy Services Grand and Budget Adjustment
1. Resolution - Authorizing the Acceptance of a California Library Literacy Services Grant and Budget Amendment
14.D - APPROVAL TO PROCEED AND MAKE NECESSARY BUDGET AMENDMENT TO PAVE THE NORTHERN PORTION OF EAST E STREET PARKING LOT (Public Works Director)
The East E Street parking lot is comprised of two city-owned parcels and the public right of way between First and East 2nd Streets. Currently, the parking lot is unpaved. This project will add 21 paved parking spaces to the northern end of the parking lot.
Recommendation:
Move to adopt a resolution (Attachment 1) approving a budget amendment to fund the East E Street Parking Lot Paving Project.
Staff Report - Approve East E Street Parking Lot Paving Project
1. Resolution - Establish East E Street Parking Lot Paving Project
2. Proposed East E Street Parking Lot
14.E - APPROVAL OF BUDGETING AND PLANNING SOFTWARE AGREEMENT WITH OPENGOV INC. (Finance Director)
The City Council will consider approval of an amendment to an existing agreement with OpenGov Inc. for implementation and annual maintenance of the Budgeting and Planning software module to include operating and capital budgeting, reporting and analytics, transparency, and workforce planning.
Recommendation:
Move to adopt a resolution (Attachment 1) approving an amendment (Attachment 2) to the existing software as a service agreement with OpenGov Inc. to add the Budgeting and Planning module and authorizing the Finance Director to sign the amendment on behalf of the City and approving the necessary budget amendments.
Staff Report - Approval of Amendment to OpenGov Inc. Agreement
1. Resolution - Approval of Amendment to OpenGov Inc. Agreement
2. Amendment to OpenGov Inc. Agreement
14.F - SALARY SCHEDULE UPDATE (Human Resources Manager) 7 California Public Employee’s Retirement System (CalPERS) requires adoption of resolutions duly approving and adopting publicly available pay schedules in accordance with the requirement of California Code of Regulations, Title 2, Section 570.5.
Recommendation:
Adopt a resolution (Attachment 1) approving and adopting publicly available pay schedules (Exhibit A) in accordance with California Code of Regulations, Title 2, Section 570.5.
Staff Report - Salary Schedule
1. Resolution - Salary Schedule
14.G - APPROVAL OF REQUIRED CHANGE ORDERS FOR COSTS ASSOCIATED
WITH UNFORESEEN STRUCTURAL DAMAGE AND ACCEPTANCE OF THE
COMPLETION OF THE JAMES LEMOS DIVE POOL REPLASTERING PROJECT (Parks and Community Services Director)
The dive pool at the James Lemos Swim Center was previously plastered in 2011, and due to being in a state of deterioration, the replastering of the pool was approved per Resolution 19-21 (Attachment 1) on September 7, 2021. The James Lemos Dive Pool Replastering Project included the removal and replacement of plaster, the installation of new gutter tile and depth markers, and the replacement of drain and entrapment inlets.
Recommendation:
Adopt a Resolution (Attachment 2) approving change orders required to cover costs associated with unforeseen structural damage, accepting the replastering of the James Lemos Dive Pool Project as complete, authorizing the City Manager to sign the Notice of Completion (Attachment 3), and authorizing the City Clerk to file the Notice of Completion with the Solano County Recorder.
Staff Report - Acceptance of Dive Pool Replastering Project 2021
1. Resolution 19-21 - Accepting the Bids for the Replastering and Repairs of the James Lemos Dive Pool
2. Resolution - Approval of Contract Changes and Acceptance of Completion of Project
3. Notice of Completion - Replastering of Dive Pool at James Lemos Swim Center
14.H - ADOPTION OF A RESOLUTION CONCERNING TIMEFRAMES FOR RESUBMITTAL OF HOUSING APPLICATIONS PURSUANT TO SENATE BILL 35 (STREAMLINED MINISTERIAL APPROVAL PROCESS) (Community Development Director)
The California Government Code requires that localities conduct streamlined, ministerial review of housing development proposals that meet criteria established by the State including consistency with the objective planning standards of the jurisdiction. The law establishes clear requirements around the 8 submittal of a preliminary application, subsequent submittal of a development application, and the timelines for review of the application. However, it does not address the timeline for resubmittal of a development application that was found to be ineligible for streamlined review due to the failure to meet the applicable criteria including consistency with objective planning standards. The proposed agenda item would clarify the timeline for resubmittal of such a project and provide guidance to the applicant and community about the procedure for processing resubmittal of eligible housing applications.
Recommendation:
Move to adopt the resolution (Attachment 1) concerning timeframes for resubmittal of streamlined ministerial housing applications pursuant to Senate Bill 35.
Staff Report - Streamlined Housing Preliminary Application Procedure
1. Resolution - Establishing Timelines for the Resubmittal of Housing Development Applications
14.I - ADOPTION OF THE 2021 SOLANO COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN (Fire Chief)
A current and approved hazard mitigation plan is a prerequisite for jurisdictions wishing to pursue funding under FEMA’s Hazard Mitigation Assistance Program. The Hazard Mitigation Plan (HMP) must be updated every five (5) years to remain in compliance with regulations and Federal mitigation grant conditions. Solano County, along with participating jurisdictions including the City of Benicia, developed the 2021 Solano County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) to reduce losses resulting from natural disasters. Volume 1 of the MJHMP (Attachment 1) includes planning-area-wide elements across all participating jurisdictions and Volume II (Attachment 2) includes each participating jurisdictions’ specific annexes. The City of Benicia’s Annex to Volume 1 (Attachment 3) was extracted from Volume II for clarity. The City of Benicia Annex provides additional information specific to the City of Benicia, with a focus on providing additional details on the planning process, risk assessment, and mitigation strategy for our community. City of Benicia staff and residents were given opportunities to review the MJHMP. Due to the COVID-19 pandemic, in-person outreach events were not possible. Outreach was completed via a robust online campaign and all comments have been addressed.
Recommendation:
Move to adopt the resolution (Attachment 4) adopting the 2021 Solano County Multi-Jurisdictional Hazard Mitigation Plan Volume 1 and its City of Benicia Annex, as approved by the Federal Emergency Management Agency (FEMA) and the California Office of Emergency Services (Cal OES), as the official mitigation plan for the City of Benicia, and authorizing the Solano County Emergency Services Manager to submit an approved and signed copy of the resolution to the Cal OES and FEMA Region IX officials to enable the plan’s final approval in accordance with the requirements of the Disaster Mitigation Act of 2000.
Staff Report - Adoption of the 2021 Solano County Multi-Jurisdictional Hazard Mitigation Plan
1. Resolution - Adoption of the 2021 Solano County Multi-Jurisdictional Hazard Mitigation Plan 9 2. Solano Mutli-Jurisdictional Hazard Mitigation plan - City of Benicia Annex
3. December 16 2021 FEMA Letter
14.J - APPROVAL OF AGREEMENT WITH BAY AREA AIR QUALITY MANAGEMENT DISTRICT FOR AIR QUALITY MONITORING (Deputy City Manager) The Bay Area Air Quality Management District (BAAQMD) contacted the City of Benicia to seek our assistance to install an air monitoring station in Benicia. After meetings with BAAQMD, the location best meeting the network monitoring station criteria was the Benicia Fire Museum located at 900 East Second Street. The monitoring station will be owned, maintained, and operated by BAAQMD. All monitoring data generated from the site will be available to everyone through the BAAQMD website.
No monetary commitment is required by the City and all electrical cost to operate the station will be reimbursed by the District.
Recommendation:
Direct staff to proceed with approving the attached agreement with BAAQMD for air quality monitoring (Attachment 1) and authorize the City Manager sign the agreement on behalf of the City.
Staff Report - Approval of License Agreement with Bay Area Air Quality Management District
1. Draft License Agreement with Bay Area Air Quality Management District
2. Benicia Community Air Monitor Site Analysis
14.K - AUTHORIZATION OF CONTINUATION OF VIRTUAL MEETINGS (City Attorney)
The State recently enacted AB 361, amending the Brown Act. AB 361 allows the City to continue with virtual meetings, as long as certain findings are made that in-person meetings would present an imminent risk to the health and safety of attendees. On October 5, 2021, the City Council adopted Resolution No. 21-127 with necessary findings to maintain virtual meetings. State legislation requires that local jurisdictions adopt a resolution every thirty days to affirm such findings in order to continue virtual meetings for all its legislative bodies. During the state of emergency, this item will be presented to Council at least every thirty days.
Recommendation:
Move to adopt the resolution (Attachment 1), affirming the findings that current conditions authorize virtual (teleconference) public meetings, and authorizing the City’s legislative bodies to conduct virtual meetings.
Staff Report - Authorization of Continuation of Virtual Meetings
1. Resolution - Authorization of Continuation of Virtual Meetings 10 14.L - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
15. Business Items
15.A - STREETS AND ROADWAYS UPDATE (Public Works Director) Every two or three years, the Metropolitan Transportation Commission (MTC) uses federal dollars and assigns a consultant to the City of Benicia to study the condition of its streets and roads and issue a Budget Options Report (Report). The Report uses specialized software to determine our overall Pavement Condition Index (PCI). The current overall PCI rating of Benicia streets is 57 on a scale of 0 – 100 with a score of 85 considered desirable although few cities are able to attain it. The City has been increasing funding for street and road improvements over the past few years but has not been able to keep up with needed repairs. The City Council has asked for information related to possible increases in funding for street repairs, which is provided in this report.
Recommendation:
Receive a report on the condition of Benicia’s streets and roads, discuss options for additional funding, and provide direction if desired.
Staff Report -Streets and Roadways Update
1. Pavement Management Technical Assistance Program - Round 21 Report
16. Adjournment (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