1 BENICIA CITY COUNCIL
CITY COUNCIL MEETING AGENDA
Benicia City Hall, 250 East L Street, Council Chamber
Benicia, CA 94510
October 4, 2022
6:00 PM
Accessing The Meeting
How to Participate in the Meeting:
1) Attend in person at Council Chambers
2) Cable T.V. Broadcast - Check with your cable provider for your local government broadcast channel.
3) Livestream online at www.ci.benicia.ca.us/agendas.
4) Zoom Meeting (link below)
The public may view and participate (via computer or phone) link:
https://us02web.zoom.us/j/88508047557?pwd=cHRsZlBrYlphU3pkODcycytmcFR2UT09 • If prompted for a password, enter 449303.
• 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: 885 0804 7557 *please note this is an updated ID number*. 2 • Enter password: 449303
• 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 and on a plaque that is posted at the entrance to this meeting per section 4.04.030 of the City of Benicia’s Open Government Ordinance.
6. Announcements
6.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 pm to 6:00 p.m. No appointment is necessary.
Other meeting times may be scheduled through City Hall by calling 707-746-4200.
6.B - OPENINGS ON BOARDS AND COMMISSIONS
- Building Code Board of Appeals
1 Partial Term, Expiring July 31, 2025
- Open Government Commission
1 Partial Term, Expiring January 31, 2025
1 Partial Term, Expiring January 31, 2026
1 Partial Term, Expiring July 31, 2025
- Sky Valley Open Space Committee
3 1 Partial Term, Expiring January 31, 2023
7. Proclamations
7.A - PROCLAMATION - NATIONAL BULLYING PREVENTION MONTH - OCTOBER 2022 (City Manager)
Proclamation - National Bullying Prevention Month - October 2022
8. Presentations
8.A - ECONOMIC INDICATOR REPORT (Economic Development Department)
9. Adoption Of Agenda
10. Opportunity For Public Comments
How to Submit Public Comments for this City Council meeting:
Besides appearing in person and offering public comments, members of the public may provide public comment via Zoom, or 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.
- 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.
11. Written Comment
12. Public Comment
13. 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.
13.A - APPROVAL OF CITY COUNCIL MINUTES FROM SEPTEMBER 6, 2022 REGULAR MEETING (City Clerk)
4 September 20, 2022 Regular Meeting Minutes
13.B - AUTHORIZE PURCHASE OF FOUR REPLACEMENT POLICE VEHICLES AND
APPROVE THE NECESSARY BUDGET AMENDMENT TO COMPLETE THE
PURCHASE (Chief of Police)
The Police Department is seeking to replace three (3) existing police vehicles due to high mileage and one (1) police vehicle due to damages sustained in a collision on July 12, 2022.
Recommendation:
Move to adopt a resolution (Attachment 1) authorizing the purchase of one (1) Hybrid Ford Police Interceptor Administrative Utility vehicle from Folsom Lake Ford and three (3) Hybrid Ford Police Interceptor Utility vehicles from Folsom Lake Ford in an amount not-to-exceed $379,711.20, approving a budget amendment and authorizing the City Manager to sign the purchase orders on behalf of the City.
Staff Report - Police Vehicle Purchase 2022
1. Resolution - Police Vehicle Purchase 2022
2. Vehicle and Equipment Purchase and Replacement Policy and Procedures
13.C - AUTHORIZE PURCHASE OF REPLACEMENT IN-CAR CAMERAS FOR SIXTEEN (16) POLICE PATROL VEHICLES (Chief of Police)
The Police Department is seeking to replace existing in-car cameras for Patrol Officers. The Department’s current in-car cameras were purchased in 2015. The technology for Mobile Audio Video (MAV) systems has changed significantly since then, and the equipment has also reached its anticipated life expectancy.
Recommendation:
Move to adopt a resolution (Attachment 1) authorizing the purchase of sixteen (16) Axon Fleet 3 in-car Cameras for Police patrol vehicles in an amount not-to-exceed $164,920.16 (Attachment 2), and authorizing the City Manager to sign the purchase order on behalf of the City.
Staff Report - In-Car Cameras
1. Resolution – Purchase of Sixteen (16) Axon Fleet 3 in-car Cameras for Police Patrol Vehicles
2. AXON Proposal and Purchasing Agreement
13.D - APPROVAL OF CONTRACT CHANGE ORDER NO. 2 FOR THE EAST H STREET SANITARY SEWER MAIN REPAIR PROJECT (Public Works Director) On December 9, 2021, the City Manager approved a construction contract with Kerex Engineering, Inc. (Kerex) for an amount not to exceed $39,000 for the East H Street Sanitary Sewer Main Repair 5 Project. On March 15, 2022, City Council approved a contract change order, in the amount not to exceed $220,000, to replace approximately 180 linear feet of sanitary sewer pipe due to the discovery of poor pipe condition.
Recommendation:
Move to adopt a resolution (Attachment 1) approving contract change order no. 2 (Attachment 2) for the not to exceed amount of $54,625.00 that includes a 15% contingency for unforeseen conditions to the contract with Kerex Engineering, Inc. for the East H Street Sanitary Sewer Main Repair Project (Attachment 3).
Staff Report - Approval of Contract Change Order for East H Street Sanitary Sewer Main Project
1. Resolution – East H Street Sanitary Sewer Main Repair Project
2. Contract Change Order No. 2 - East H Street Sanitary Sewer Main Repair Project
3. Contract - Kerex Engineering, Inc. - East H Street Sanitary Sewer Main Repair Project
4. Proposal - Kerex Engineering, Inc. - East H Street Sanitary Sewer Main Repair Project
5. Contract Change Order No. 1 - East H Street Sanitary Sewer Main Repair Project
13.E - FY 2021-22 FOURTH QUARTER INVESTMENT REPORT (Finance Director) The investment report for the quarter ended that June 30, 2022, follows the City's Investment Policy and California Law. Additionally, the City has adequate investments to meet its expenditure needs for the next six months. This report has been reviewed by the City Treasurer.
Recommendation:
Move to accept the June 30, 2022, Investment Report (Attachment 1).
Staff Report - FY 2021-22 Fourth Quarter Investment Report
1. FY 2021-22 Investment Report Quarter Ending June 30
13.F - CONSIDERATION TO ADOPT A RESOLUTION EXPANDING
TELECONFERENCE MEETING OPTIONS DURING PROCLAIMED STATE OF EMERGENCIES (City Attorney)
The State recently enacted Assembly Bill 361 (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. The resolution before Council would allow the Council and Planning Commission members to participate remotely.
Recommendation:
6 Move to adopt a resolution (Attachment 1) to implement and utilize teleconference accessibility to conduct public meetings, pursuant to Assembly Bill 361.
Staff Report - Authorizing Teleconference Meetings to Continue
1. Resolution - Authorizing Teleconference Meetings to Continue
13.G - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
14. Business Items
14.A - CONSIDER AWARDING OR REJECTING THE LOW BID AND DETERMINE
THE USE OF THE GENERAL FUND RESERVES DESIGNATED TO CAPITAL
MAINTENANCE PROJECTS FOR THE SOUTHERN PACIFIC DEPOT FREIGHT ROOM RENOVATION AND ACCESSIBILITY PROJECT (City Manager) In 2019, the City received $800,000 from a settlement with AMPORTS Inc. (AMPORTS) to be used to rehabilitate City-owned historic structures. In May 2021, Council agreed to spend the full amount of the settlement funds toward the rehabilitation and upgrade of the Southern Pacific (SP) Depot freight room, including accessibility and a modern conference room.
Staff hired Interactive Resources to provide plans and specifications for bidding. The City is in receipt of one (1) construction bid indicating that the total project cost would be $1,353,030.38.
Recommendation:
Staff recommends that Council discuss the project and financial tradeoffs and move to adopt a resolution (Attachment 1) rejecting the bid from CWS Construction Group Inc for the SP Depot Freight Room Renovation and Accessibility Project. Then provide direction to staff to return at a future date on how to proceed with a historic preservation project with the remaining $680,00 AMPORTS Settlement funds. (or)
Alternatively, Council could move to adopt a resolution (Attachment 2) approving a construction contract with CWS Construction Group Inc. for the SP Depot Freight Room Renovation and Accessibility Project and authorizing the City Manager to award and sign the construction contract. To proceed with this action Council must make a budget allocation, reducing the Capital/Maintenance Projects Designation within the General Fund reserves by $685,258, for a total project cost of $1,353,030.38 to supplement the current budget to complete the project. Approving the bid requires a supermajority (or 4/5 vote if all Council members are present) by Council, per policy.
Staff Report - Award or Reject Low Bid - Determine Use of General Fund Reserves - Capital Maintenance Projects - Southern Pacific Depot Freight Room
1. Resolution – Reject Construction Contract - Southern Pacific Depot Freight Room Renovation and Accessibility Project
7 2. Resolution – Award Construction Contract - Southern Pacific Depot Freight Room Renovation and Accessibility Project
14.B - INTRODUCE ORDINANCE REGARDING POLICE DEPARTMENT
ACQUISITION AND USE OF MILITARY EQUIPMENT; APPROVAL OF MILITARY EQUIPMENT USE POLICY, AS REQUIRED BY ASSEMBLY BILL 481 (Chief of Police) In 2021, the California State Legislature passed Assembly Bill 481 titled, “Law enforcement and state agencies: military equipment: funding, acquisition, and use” and amended California Government Codes §7070 – 7075, effective January 1, 2022. As amended, California Government Code §7071(b) now requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval.
Recommendation:
Adopt the proposed City of Benicia Ordinance (Attachment 1) which approves the Military Equipment Use Policy (Attachment 2) to authorize the use, deployment, and acquisition of specified military equipment as defined and required by AB 481.
Staff Report - AB481 Military Equipment
1. Ordinance - AB481 Military Equipment
2. Military Equipment Use Policy
3. Assembly Bill 481
15. Adjournment (8:00 P.M.)
8 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 9 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