1 BENICIA CITY COUNCIL
CITY COUNCIL MEETING AGENDA
Benicia City Hall, 250 East L Street, Council Chamber
Benicia, CA 94510
December 20, 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 - LOCAL APPOINTMENTS LIST -
MADDY ACT
NOTICE IS HEREBY GIVEN that in compliance with the requirements of the Maddy Act, California Government Code Section 54970 et. seq., the following appointment list is posted on December 31, 2022.
The list identifies members of City of Benicia’s Boards and Commissions and the dates of their terms of office as of the time of this posting. Commissioners must be residents of the City of Benicia. 3 Any citizen interested in serving on any City Commission or Board is encouraged to file an application with the City Clerk's Office by filling out the application and supplemental application for the board or commission of interest. Applications are available online or may be obtained from the City Clerk's Office at City Hall at 250 East L Street. You may also request the application forms by calling the City Clerk's Office at 707-746-4200 or sending a request to Sarah Grebe by email at [email protected].
Maddy Act Notice - December 2022
7. Proclamations
8. Appointments
8.A - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S RE-APPOINTMENT OF NANCY LUND TO THE
SOLANO TRANSPORTATION AUTHORITY BICYCLE ADVISORY COMMITTEE FOR A THREE-YEAR TERM ENDING DECEMBER 31, 2025.
Resolution - Appointment - Nancy Lund - Solano Transportation Bicycle Advisory Committee
8.B - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA
CONFIRMING MAYOR'S APPOINTMENTS OF MEMBERS OF THE CITY COUNCIL TO STANDING, AD HOC AND OUTSIDE AGENCY COMMITTEES (City Manager) Resolution - Proposed Committee Assignments
9. Presentations
9.A - EQUITY, DIVERSITY AND INCLUSION (City Manager's Office)
10. Adoption Of Agenda
11. 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.
4 - 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.
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 CITY COUNCIL MINUTES FROM THE DECEMBER 6, 2022, REGULAR MEETING A AND MEETING B (City Clerk)
December 6, 2022, City Council Meeting Minutes - Meeting A December 6, 2022, City Council Meeting Minutes - Meeting B
14.B - ADOPTION OF THE 2023 CITY COUNCIL REGULAR MEETING CALENDAR (City Manager)
The Open Government Ordinance (Section 4.08.040 of Ordinance No. 05-6) states that each body established by ordinance shall establish and publish an annual schedule of regular meetings. The attached calendar lists the City Council’s proposed regular meeting dates for 2023.
Recommendation:
Move to adopt, by motion, the 2023 City Council Regular Meeting Calendar (Attachment 1).
Staff Report - City Council Regular Meeting Calendar - 2023
1. City Council Regular Meeting Calendar - 2023
14.C - APPROVAL OF CONTRACT CHANGE ORDER NOs. 2, 3, AND 4 TO TASK ORDER NO. 7 WITH CULLEN-SHERRY & ASSOCIATES, INC. FOR DREDGE ENGINEERING SERVICES OF THE BENICIA MARINA (Public Works Director) The proposed Contract Change Order (CCO) Nos. 2, 3, and 4 for Task Order (TO) No. 7 of the Master Professional Agreement with Cullen-Sherry & Associates, Inc., will provide an additional pre-dredge survey (CCO No. 2), completion of an application to the State Lands Commission for a lease renewal (CCO No. 3), and accounting for costs incurred to testify in arbitration (CCO No. 4) as 5 part of the management and engineering support for the annual dredging of the Benicia Marina as required by State and Federal regulatory agencies.
Recommendation:
Move to adopt a resolution (Attachment 1) approving CCO Nos. 2, 3, and 4 (Attachment 2) to Task Order No. 7 (Attachment 3) of the Master Professional Agreement dated November 1, 2019, for Dredge Engineering Services related to the Benicia Marina with Cullen-Sherry & Associates, Inc. for not-to-exceed costs of $6,500 (CCO No. 2); $3,820.75 (CCO No. 3); and $3,430 (CCO No. 4) for a total not-to-exceed amount of $13,750.75 and authorizing the City Manager to sign CCO Nos. 2, 3, and 4 on behalf of the City.
Staff Report - Approval of Change Order Cullen-Sherry for Marina Dredging
1. Resolution - Approval of Change Order Cullen-Sherry for Marina Dredging
2. Contract Change Order Nos. 2, 3, and 4 - Cullen-Sherry Associates Marina Dredging
3. Task Order No. 7 - Cullen-Sherry Associates for Marina Dredging
14.D - APPROVAL OF AMENDMENTS TO MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF BENICIA AND BENICIA POLICE OFFICER’S ASSOCIATION AND BENICIA DISPATCHERS’ ASSOCIATION (Human Resources Manager) Council approved Memoranda of Understanding (MOU) with the Benicia Police Officer’s Association (BPOA) on September 7, 2021 and the Benicia Dispatcher’s Association (BDA) on August 19, 2021.
Staff is recommending minor revisions to these MOU.
Recommendation:
Move to adopt a resolution (Attachment 1) amending the September 7, 2021 Memorandum of Understanding (Exhibit A) between the City and the Benicia Police Officer’s Association and the August 19, 2021 Memorandum of Understanding (Exhibit B) between the City and the Benicia Dispatcher’s Association.
Staff Report - Amendment - Memoranda of Understanding - BPOA and BDA
1. Resolution – Amendments – Memoranda of Understanding - BPOA and BDA
14.E - 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. 6 Staff Report - Authorizing Teleconference Meetings to Continue
1. Resolution - Authorizing Teleconference Meetings to Continue
14.F - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
15. Business Items
15.A - ADOPTION OF THE ANNUAL AND FIVE-YEAR ASSEMBLY BILL 1600 REPORT (Finance Director)
In California, State legislation sets certain legal and procedural parameters for the charging of development impact fees. This legislation was passed as Assembly Bill (AB) 1600 by the California Legislature and is now codified as California Government Code Sections 66000 through 66023 (Mitigation Fee Act). The Mitigation Fee Act requires any local agency that imposes development impact fees to prepare the City of Benicia Annual and Five-Year Impact Fee Report (AB 1600 Report) that provide specific information about those fees. This report serves both of those functions and has been prepared for the City of Benicia for the fiscal year (FY) ended June 30, 2022, in accordance with the provisions of the California Government Code Section 66006 (b) and 66001 (d).
Recommendation:
Move to adopt a resolution (Attachment 1) adopting the AB 1600 Report (Exhibit A).
Staff Report - Adoption of the Annual and Five-Year AB 1600 Report
1. Resolution - Adoption of AB 1600 Report
15.B - BUDGET STUDY SESSION - BUDGET DEVELOPMENT POLICY (Finance Director)
To create an institutional process for budgeting and budget policy, staff has created a Budget Development Policy (BDP) which will be reviewed by Council each budget cycle. Departments will utilize the BDP when creating their Recommended Budgets. Budget hearings have been tentatively scheduled for June 6-7, 2023, with adoption tentatively scheduled for June 20, 2023. Staff has developed a calendar to ensure completion of the Recommended Budget in this timeframe Recommendation:
Move to adopt a resolution (Attachment 1) approving the FY 2024 and FY 2025 Budget Development Policy (Attachment 2) for the next City budget cycle.
Staff Report - FY 2023-24 and FY 2024-25 Budget Development Policies
1. Resolution - Budget Development Policy
7 2. FY 2024 and FY 2025 Budget Development Policy
15.C - RECOMMENDED CHANGE OF FUND BALANCE COMMITTMENTS (Finance Director)
On April 19, 2022, Council approved a revised General Fund - Fund Balance Policy creating five (5) new commitments. Staff alerted Council that they would be returning in the fall to address three (3) older commitments that were no longer required and to recommend specific action related to those commitments. Staff is returning to Council recommending canceling the three (3) older commitments, splitting the funds equally between the Commitment for Capital/ Maintenance Projects and creating an Assignment for Employee Salary Adjustments.
Recommendation:
1. Move to adopt a Resolution (Attachment 1) eliminating the Public Safety Facility, Future Projects, and COVID-19 Commitments (only majority vote required); and
2. Move to adopt a Resolution (Attachment 2) increasing the Capital/Maintenance Commitment (4/5th vote required if all five (5) council members are present, if the total number of voting council members falls below five (5) the required vote shall only require a simple majority of the quorum voting on the matter); and
3. Move to adopt a Resolution (Attachment 3) increasing and creating the Assignment for Employee Salary Adjustments (only majority vote required).
Staff Report - General Fund - Fund Commitments
1. Resolution - Eliminating Public Safety Facility, Future Projects, and COVID-19 Commitments
2. Resolution - Increasing the Capital Maintenance Commitment
3. Resolution - Increasing and Creating the Assignment for Employee Salary Adjustments
15.D - AN ORDINANCE OF THE CITY OF BENICIA AMENDING CHAPTER 2.60
ADVISORY BODIES AND MODIFYING RELATED SECTIONS OF THE BENICIA
MUNICIPAL CODE TO BETTER STREAMLINE AND MAKE CONSISTENT THE VARIOUS ADVISORY BODIES OF THE CITY OF BENICIA (Assistant City Manager) In January 2022, Council directed staff to proceed with amendments to the Benicia Municipal Code (BMC) to better streamline and make more consistent the various advisory bodies that serve the City of Benicia. Most prominent of the proposed amendments include standardizing membership size to no less than 3 members and no more than 7 members. Also, the changes make consistent that all advisory bodies (save for the Planning Commission) shall select from their respective body the officers of Chair, Vice Chair and Secretary. If adopted, then the changes will go into effect in February 2023.
Recommendation:
8 Move to waive the first reading, read by title only, and introduce an ordinance which amends Chapter
2.60 of the BMC and also modifies related sections dealing with advisory bodies.
Staff Report - Advisory Bodies Amendments and Modifications
1. Draft Ordinance – Amending Chapter 2.60 and Modifying Related Sections
15.E AMENDMENTS TO CHAPTER 17.84 (CANNABIS) AND CHAPTER 9.60 (CANNABIS PUBLIC SAFETY LICENSE) OF THE BENICIA MUNICIPAL CODE AND
EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Community Development)
The City’s commercial cannabis code regulations allow for establishment and operation of cannabis businesses in an orderly manner while ensuring public safety and compatibility with surrounding land uses and the community. The proposed targeted revisions to the regulations would facilitate consideration of Type 5A licenses under State Business and Professions Code, Sections 26050 and 26061, allowing "large" indoor commercial cannabis cultivation, beginning January 1, 2023. The revisions would also allow existing operators to change their cannabis license type or add additional license types to existing operations on a property or location, in accordance with existing State law.
Recommendation: Conduct a public hearing, introduce an ordinance amending Benicia Municipal Code Title 17, Chapter 17.84 (Cannabis) and Title 9, Chapter 9.60 (Cannabis Public Safety License), and make a determination that the action is exempt from review under the California Environmental Quality Act (CEQA).
Staff Report - Cannabis - Code Text Amendments
1. Draft Ordinance - Amending Title 17 and Title 9 - BMC - Cannabis
2. Planning Commission Resolution 22-10
3. Public Comments received prior to Planning Commission hearing
15.F - PROVIDE DIRECTION TO STAFF ON HOW TO PROCEED WITH CONTRACTS TO PRODUCE BENICIA’S 2023 AMERICAN INDEPENDENCE CELEBRATION EVENT ON JULY 3 AND 4, 2023 (Assistant City Manager)
Last year, the City of Benicia, in partnership with Benicia Main Street and Pedrotti Ace Hardware, contracted with Evntwrks to produce a grand, two-day, American Independence Celebration Event.
The two-day event included the Torchlight Parade, live music and a Drone Light Show on the evening of July 3rd and a live music and fireworks show on July 4th. The unique event was a success, and many event goers hoped that the City would make this our new 4th of July tradition. The event, while a great success, is expensive. The total cost of the event is projected to be $250,000. Staff is recommending we secure $200,000 through private donations. However, in order to secure the services needed to produce the event, Council would need to direct staff to enter into the service agreements, and guarantee payment, prior to the City receiving commitments from private donations. 9 Recommendation:
Provide direction to staff via motion and vote, no resolution needed, on how to proceed with Benicia’s 2023 American Independence Celebration Event.
Staff Report - 2023 Independence Day Event Celebration
1. Benicia’s 2023 American Independence Celebration Event Sponsorship Packet
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 committees are included in the agenda packet. Oral reports by the Council Members are made only by exception.)
16.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 Committee Report - Tri City Cooperative Planning Group - Solano Open Space
17. Adjournment (10:00 P.M.)
10 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 11 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