1 BENICIA CITY COUNCIL
CITY COUNCIL MEETING AGENDA
Benicia City Hall, 250 East L Street, Council Chamber
Benicia, CA 94510
October 18, 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. Adoption Of Agenda
8. 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.
9. Written Comment
10. Public Comment
11. 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.
11.A - ACCEPTANCE OF THE EAST 2ND STREET 2017 STORM DAMAGE REPAIRS PROJECT (Public Works Director)
The East 2nd Street 2017 Storm Damage Repairs Project (Project), Project No. T-122A, consisted of repairing the existing slope along the north side of East 2nd Street, east of Park Road. The original project budget was $110,000, adopted by Resolution Number 21-116 on September 21, 2021, and included a local City share of $12,617. Construction is now complete. The final project cost is $110,993, which includes a federally funded share of $98,376 and the local City share of $12,617.
Recommendation:
Adopt a resolution (Attachment 1) accepting the East 2nd Street 2017 Storm Damage Repairs Project as complete, authorizing the City Manager to sign the Notice of Completion (Attachment 2), and authorizing the City Clerk to file said notice with the Solano County Recorder’s Office.
Staff Report - Acceptance of East 2nd Street 2017 Storm Damage Repairs Project 4 1. Resolution - East 2nd Street 2017 Storm Damage Repairs Project
2. Notice of Completion - East 2nd Street 2017 Storm Damage Repairs Project
3. Resolution No. 21-116 - East 2nd Street 2017 Storm Damage Repairs Project
11.B - APPROVAL OF AMENDMENT TO AGREEMENT AND TASK ORDERS WITH
COASTLAND CIVIL ENGINEERING, LLP FOR PROFESSIONAL ENGINEERING SERVICES (Public Works Director)
The City entered into an agreement in February 2022 with Coastland Civil Engineering, LLP (Coastland) for on-call engineering services (design, construction management and inspection, and project management) for water and wastewater projects. Due to staffing shortages, City staff does not have the capacity or expertise to perform this work in-house. The amendment to the Coastland agreement will increase the compensation limit per fiscal year to provide for Task Order (TO) Nos. 2 and 3. Public Works is trying to accelerate projects to address deferred maintenance and replacement projects.
Recommendation:
Move to adopt a resolution (Attachment 1) approving an amendment (Attachment 2) to the Master Professional Engineering Services Agreement (Attachment 3) with Coastland Civil Engineering, LLP for a not-to-exceed amount of $500,000 per fiscal year; approving Task Order No. 2 for engineering services for the Water Treatment Plant Miscellaneous Improvements with Coastland Civil Engineering, LLP for a not-to-exceed amount of $174,040 (Attachment 4); approving Task Order No. 3 for engineering design services for the East H Street Wastewater Treatment Plant (WWTP) Sewer Replacement with Coastland Civil Engineering, LLP for a not-to-exceed amount of $242,852 (Attachment 5); and authorizing the City Manager to execute the documents on behalf of the City.
Staff Report - Approval of Amendment to Agreement and Task Orders with Coastland Civil Engineering, LLP
1. Resolution – Amendment and Task Orders - Coastland Civil Engineering, LLP
2. Amendment to Agreement – Coastland Civil Engineering, LLP
3. Master Professional Engineering Agreement - Coastland Civil Engineering, LLP
4. Task Order No. 2 – Coastland Civil Engineering, LLP - Water Treatment Plant Miscellaneous Improvements
5. Task Order No. 3 – Coastland Civil Engineering, LLP - East H Street Sewer Replacement
11.C - APPROVAL OF LEASE AGREEMENT WITH BENICIA HISTORICAL MUSEUM (Fire Chief)
5 The proposed lease agreement with the Benicia Historical Museum (BHM) will utilize the property located at 900 East Second Street, formerly leased to the Benicia Volunteer Firemen, Inc., as a non-profit historical museum supporting Benicia’s history. The proposed lease agreement is for a period of sixteen (16) years and nine (9) months with an option for a fifteen-year extension.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the proposed lease agreement (Attachment 2) for the property located at 900 East Second Street with the Benicia Historical Museum.
Staff Report - Approval of Lease Agreement with Benicia Historical Museum
1. Resolution – Lease Agreement - Benicia Historical Museum - 900 East Second Street
2. Proposed 900 East Second Street Lease Agreement - Benicia Historical Museum
11.D - SECOND READING AND ADOPTION OF AN ORDINANCE REGARDING
POLICE DEPARTMENT ACQUISITION AND USE OF MILITARY EQUIPMENT AS REQUIRED BY ASSEMBLY BILL 481 (Police Chief)
On October 4, 2022, the introduction and first reading of an ordinance regarding Police Department acquisition and use of military equipment, approval of military equipment use policy, as required by assembly bill 481, went before Council. Today, the item is back in front of Council for its adoption.
Recommendation:
Move to adopt the proposed City of Benicia Ordinance (Attachment 1) to authorize the use, deployment, and acquisition of specified military equipment as defined and required by AB 481.
Staff Report - AB481 Military Equipment Ordinance Second Reading
1. Ordinance - AB481 Military Equipment
11.E - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
12. Business Items
12.A - PUBLIC HEARING TO AUTHORIZE THE SUBMITTAL OF AN APPLICATION
AND FIVE-YEAR PLAN TO HOUSING AND COMMUNITY DEVELOPMENT TO
OBTAIN FUNDS THROUGH THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM (Community Development Director)
The City is eligible to receive and distribute funds under the State Department of Housing and Community Development’s (HCD) Permanent Local Housing Allocation (PLHA) Program. The funds are being made available to help address affordable housing shortages and high housing costs throughout the State. The PLHA program requires a public hearing and review of a proposed 6 “Five-Year Plan” prior to the Council’s adoption of a resolution authorizing the grant, which must be filed by November 30, 2022.
Recommendation:
Conduct the public hearing and adopt a resolution (Attachment 1) authorizing Staff to submit the application package and receive and appropriate PLHA Grant Funds from HCD.
Staff Report - PLHA Five-Year Plan
1. Resolution - Application Package - Permanent Local Housing Allocation Grant Funds
2. HCD August 17, 2022 Notice of Funding Availability and Memorandum
3. Permanent Local Housing Allocation Final Guidelines - October 2019
12.B - INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING TITLE 3 (REVENUE AND FINANCE) OF THE BENICIA MUNICIPAL CODE TO ALLOW FOR THE USE OF ELECTRONIC BIDDING PLATFORMS (Finance Director) The proposed ordinance adds “Electronic Bidding Platform” as a defined term in the purchasing regulations of the Benicia Municipal Code (BMC) to expressly allow the use of procurement software platforms for bidding. The Council approved an agreement with OpenGov, Inc. on July 5, 2022, to implement online procurement software.
Recommendation:
Move to introduce and waive the first reading, read by title only, an ordinance amending Title 3 (Revenue and Finance) of the Benicia Municipal Code (Attachment 1) to add Electronic Bidding Platforms as a defined term and expressly allow the use of electronic bidding platforms.
Staff Report - BMC Purchasing Code Updates
1. Draft Ordinance - Amending Title 3 - BMC - Electronic Bidding Platforms
2. Redline Changes - BMC Chapter 3.08
12.C - QUARTERLY POLICY ISSUE REQUEST FROM COUNCIL (City Manager) The City Council discusses various non-urgent “Two-Step” requests made by individual members of the City Council on a quarterly basis, as described in the City Council Rules of Procedure (Attachment 1).
Due to his absence, Council Member Campbell's Two-Step Request was pulled from the September 20th agenda, so that it could be brought forward for discussion on October 18th.
1. Vice Mayor Campbell - consider a public art project celebrating LGBTQ diversity (Attachment 2).
Recommendation:
7 Discuss the Two-Step Request and provide direction to staff on whether or not to schedule this topic for future Council discussion.
Staff Report - Quarterly Policy Issue Request from Council
1. City Council Rules of Procedure
2. Two-Step Request - LGBTQ Diversity Public Art Project - Vice Mayor Campbell
13. 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.)
13.A - COUNCIL MEMBER COMMITTEE REPORTS
Committee Report - Marin Clean Energy
Committee Report - Sky Valley Open Space
Committee Report - Solano County Water Agency
Committee Report - Solano Transportation Authority
Committee Report - Traffic, Pedestrian and Bicycle Safety Committee Report - Tri-City and County Cooperative Planning Group - Solano Open Space
14. Adjournment (8:30 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