1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, 250 East L Street, Council Chamber
Benicia, CA 94510
January 17, 2023
6:00 PM
Accessing The Meeting
How to Participate in the Meeting:
1) Attend in person at Council Chambers
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3) Livestream online at www.ci.benicia.ca.us/agendas.
4) Zoom Meeting (link below)
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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 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.
5. Public Comment For Closed Session
Public comments on the closed session items must be made in person, they will not be accepted via Zoom.
6. Adjourn To Closed Session
6.A CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Virga v. City of Benicia, et al., Solano County Superior Court Case No.
FSC057475)
7. Reconvene Open Session
8. Announcement From Closed Session, If Any
9. Adjournment Of Special Meeting And Call Regular Meeting To Order (6:00 P.M.)
10. Roll Call
3 11. Pledge Of Allegiance
12. 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.
13. Announcements
13.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.
13.B - OPENINGS ON BOARDS AND COMMISSIONS
Arts and Culture Commission
- 1 Partial Term, Expiring July 31, 2025
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
Planning Commission
- 1 Partial Term, Expiring July 31, 2026
Sky Valley Open Space Committee
- 1 Partial Term, Expiring January 31, 2023
14. Proclamations
14.A PROCLAMATION - HONORING VOLUNTEER RON ARRANTS (Library and Cultural Services Director)
Proclamation - Honoring Volunteer Ron Arrants
15. Appointments
4 16. Presentations
17. Adoption Of The Agenda
18. 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.
19. Written Comment
20. Public Comment
21. 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.
21.A - APPROVAL OF CITY COUNCIL MINUTES FROM THE DECEMBER 13, 2022, AND DECEMBER 20, 2022, REGULAR MEETINGS (City Clerk)
December 13, 2022 - City Council Meeting Minutes
December 20, 2022 - City Council Meeting Minutes
21.B - AUTHORIZING THE ACCEPTANCE OF DONATED FUNDS AND APPROVING THE NECESSARY BUDGET AMENDMENTS (Library and Cultural Services Director) The Benicia Public Library (BPL) has received funding from the Benicia Public Library Foundation (Foundation) to make improvements to the BPL staff kitchen and loading dock interior. Funds will be received and must be expended by June 30, 2023.
5 Recommendation:
Move to adopt a resolution (Attachment 1) authorizing the acceptance of funding from the Benicia Public Library Foundation and approving necessary budget amendments.
Staff Report - Acceptance of Donated Funds and Budget Amendment
1. Resolution - Authorizing the Acceptance of Donated Funds and Budget Amendments
21.C - SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 17.84 (CANNABIS) AND CHAPTER 9.60 (CANNABIS PUBLIC SAFETY LICENSE) OF THE BENICIA MUNICIPAL CODE; DETERMINATION THAT THE
ACTION IS CATEGORICALLY EXEMPT FROM CEQA, PURSUANT TO STATE CEQA GUIDELINES SECTION 15060(C)(2) AND (3), AND SECTION 15061(B)(3)) BECAUSE IT
CAN BE SEEN WITH CERTAINTY THAT THERE IS NO POSSIBILITY THAT THIS ACTION MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT (Community Development Director)
The City’s commercial cannabis code regulations allow for the establishment and operation of commercial 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-scale indoor commercial cannabis cultivation. The state law provisions go into effect January 1, 2023. The City’s regulations would go into effect 30 days after adoption of the ordinance. 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. The Planning Commission recommended adoption of the proposed revisions by a vote of 6-0 at its meeting of November 3, 2022.
Council voted 5-0 to waive the first reading and introduce the ordinance on December 20, 2022.
Recommendation:
Move to waive the second reading, read by title only, and adopt an ordinance (Attachment 1) amending Chapter 17.84 (Cannabis) of Title 17 (Zoning) and Chapter 9.60 (Cannabis Public Safety License) of Title 9 (Public Peace, Morals and Welfare) of the Benicia Municipal Code (BMC) and find that the action is categorically exempt from CEQA pursuant to State CEQA Guidelines Section 15060(c)(2) and (3) because it can be seen with certainty that there is not possibility that the action may have a significant effect on the environment.
Staff Report - Cannabis - Code Text Amendments 2nd Reading
1. Ordinance - Amending Title 17 and Title 9 of the Benicia Municipal Code
21.D - ACCEPTANCE OF THE WEST 7TH STREET 2017 STORM DAMAGE PROJECT NO. T-122C, APPROVAL OF TASK ORDER, AND BUDGET ADJUSTMENT (Public Works Director)
6 The West 7th Street 2017 Storm Damage Project No. T-122C (Project), consisted of reinforcing the existing slope bank with steel sheet piles, vegetation trimming, and sidewalk repair. The original project budget was $489,225 adopted in Resolution Number 21-126 on October 5, 2021. Construction is now complete by contractor, Kerex Engineering, Inc. The final project cost is $516,446.23, over budget by $16,446.23 and a budget amendment is required before closeout.
Recommendation:
Adopt a resolution (Attachment 1) accepting the contract change order (Exhibit A), accepting the Project as complete, authorizing the City Manager to sign the Notice of Completion (Attachment 2), authorizing the City Clerk to file said notice with the Solano County Recorder, and adding $16,446.23 to the project account so the Finance Director can pay all invoices and close the Project.
Staff Report - Acceptance of the West 7th Street Storm Damage Project
1. Resolution - Acceptance of the West 7th Street Storm Damage Project
2. Notice of Completion - Acceptance of West 7th Street Storm Damage Repair Project
3. Resolution No. 21-126
21.E - APPROVAL OF BUDGET AMENDMENT FOR PUBLIC WORKS VEHICLE PURCHASES (Public Works Director)
The Public Works Department is requesting a necessary budget amendment for vehicle surcharges and price increases of approved pick-up trucks, stencil/paint truck, asphalt patch truck and flatbed/stakebed truck. Surcharges and price increases are being imposed due to manufacturer supply chain issues and market inflation.
Recommendation:
Move to adopt a resolution (Attachment 1) approving a budget amendment for Public Works vehicle purchases in the amount of $75,000; and authorizing the Finance Director and/or the City Manager to increase purchase order amounts on behalf of the City.
Staff Report - Approval of Budget Amendment for Public Works Vehicles
1. Resolution - Approval of Budget Amendment for Public Works Vehicles
2. Resolution Nos. 21-85, 21-92, 21-115 and 21-142
21.F - ACCEPTANCE OF THE FY 21-22 CITYWIDE MICRO-SURFACING PROJECT AND APPROVAL OF CONTRACT CHANGE ORDERS (Public Works Director) The Fiscal Year (FY) 21-22 Citywide Micro-Surfacing Project (Project) consisted of providing preservation and protection of several streets throughout the City by application of micro-surfacing pavement treatment by contractor, American Asphalt Repair & Resurfacing Co., Inc. The total 7 authorized budget was $1,535,164. The final cost of the project is $1,203,532.03 with a final project fund balance of $331,632. The project is now complete.
Recommendation:
Adopt a resolution (Attachment 1) accepting the contract change orders (Exhibit A), accepting the FY 21-22 Citywide Micro-Surfacing Project as complete, authorizing the City Manager to sign the Notice of Completion (Attachment 2), authorizing the City Clerk to file said notice with the Solano County Recorder, and transferring the $331,632 project fund balance to FY 22-23 Street Resurfacing Project object/org code 5290000-70879.
Staff Report - Acceptance of the FY 21-22 Citywide Micro-Surfacing Project
1. Resolution - Acceptance of the FY 21-22 Citywide Micro-Surfacing Project
2. Notice of Completion - Acceptance of 2022 Micro-surfacing Project
3. Resolution Nos. 22-46 and 22-108
21.G - APPROVAL OF AMENDMENTS TO AGREEMENTS WITH HARRIS & ASSOCIATES, INC. AND STANTEC CONSULTING SERVICES, INC. FOR PROFESSIONAL ENGINEERING SERVICES (Public Works Director) In February 2022, the City entered into an agreement with Harris & Associates, Inc. (Harris) and an agreement with Stantec Consulting Services, Inc. (Stantec) for on-call engineering services (design, construction management and inspection, and project management) for water and wastewater projects.
City staff does not have the capacity to perform this work in-house. The amendments to agreement with both consultants will increase the compensation limit per fiscal year to provide for necessary amendments to Task Orders. 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 Harris & Associates, Inc. for a not-to-exceed amount of $450,000 per fiscal year; approving First Amendment (Attachment 4) to Task Order No. 2 (Attachment 5) for engineering services for the Wastewater Treatment Plant Primary Clarifiers Condition Assessment with Harris & Associates, Inc. for a not-to-exceed amount of $234,131.75; approving an amendment (Attachment 6) to the Master Professional Engineering Services Agreement (Attachment 7) with Stantec Consulting Services, Inc. for a not-to-exceed amount of $450,000 per fiscal year; approving First Amendment (Attachment 8) to Task Order No. 3 (Attachment 9) for engineering design services for the Reservoir R2 Recoating Project with Stantec Consulting Services Inc. for a not-to-exceed amount of $138,650; and authorizing the City Manager to execute the documents on behalf of the City.
Staff Report - Approval of Amendments to Agreements to On-Call Engineering Contracts
1. Resolution – Approval of Amendments to Agreements to On-Call Engineering Contracts 8 2. Amendment to Agreement - Harris
3. Master Professional Engineering Agreement - Harris
4. First Amendment to Task Order No. 2 - Harris
5. Task Order No. 2 - Harris
6. Amendment to Agreement - Stantec
7. Master Professional Engineering Agreement - Stantec
8. First Amendment to Task Order No. 3 – Stantec
9. Task Order No. 3 - Stantec
21.H - FY 2022-23 FIRST QUARTER INVESTMENT REPORT (Interim Finance Director) The Quarterly Investment Report for the quarter that ended September 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 September 30, 2022, Quarterly Investment Report (Attachment 1).
Staff Report - FY 2022-23 First Quarter Investment Report
1. FY 2022-2023 Investment Report Quarter Ending September 30
2. FY 2022-23 115 Trust Statement Ending September 30
21.I - APPROVE NECESSARY BUDGET AMENDMENTS TO MAKE A PAYMENT RELATED TO THE CITY OWNED MARINA (Interim Assistant City Manager) The City owns the Marina and leases the operation to Benicia Harbor Corporation (BHC). BHC and the City are currently in litigation over aspects of the lease related to the Marina property. As part of current litigation related to said property, the City is required to make payments for its portion of the professional arbitrators providing the arbitration between the City and BHC.
Recommendation:
Move to adopt a resolution (Attachment 1) approving a budget amendment to fund the payment due for the arbitration.
Staff Report - Budget Amendment for Marina Property
9 1. Resolution – Marina Property – Budget Amendments
21.J - SECOND READING AND ADOPTION OF 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 (Interim 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, annually.
Recommendation:
Move to waive the second reading, read by title only, and adopt an ordinance (Attachment 1) which amends Chapter 2.60 of the BMC and modifies related sections dealing with advisory bodies.
Council voted 5-0 to waive the first reading and introduce the ordinance on December 20, 2022.
Staff Report - Advisory Bodies Amendments and Modifications
1. Ordinance – Amending Chapter 2.60 and Modifying Related Sections
21.K - 2023 AMENDMENTS TO THE RALPH M. BROWN ACT (City Attorney) The California State Legislature adopted, and the Governor signed, Assembly Bill 2449 – Enhanced Teleconferencing and Recent Developments Relating to Assembly Bill 361 of 2021 (AB 2449), Assembly Bill 2647 – Posting of Agenda-Related Materials (AB 2647), and Senate Bill 1100 – Removing Disruptive Individuals from Meetings (SB 1100), amending the Ralph M. Brown Act (Brown Act). These bills took effect on January 1, 2023.
Recommendation:
Receive information regarding the 2023 amendments to the Ralph M. Brown Act, as listed below.
1. Assembly Bill 2449 – Enhanced Teleconferencing and Recent Developments Relating to Assembly Bill 361 of 2021
2. Assembly Bill 2647 – Posting of Agenda-Related Materials
3. Senate Bill 1100 – Removing Disruptive Individuals from Meetings Staff Report - 2023 Amendments - Ralph M. Brown Act
21.L - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
10 22. Business Items
22.A - REVIEW DOWNTOWN PARKING STUDY PHASE II IMPLEMENTATION CONCEPTS AND NEXT STEPS (Interim Assistant City Manager) City Staff, along with Walker Consultants, will present the Downtown Benicia Parking Study and seek direction on proposed design standards for a downtown parklet/streatery program.
Recommendation:
Receive the Downtown Benicia Parking Study (Attachment 1), provide feedback on the study, and comment on desire to explore any potential parking mitigation measures expressed in the study.
Additionally, review the proposed design standards for the downtown parklet/streatery program (Attachment 2) and provide direction to staff.
Staff Report - Parking Study Phase II
1. Downtown Benicia Parking Study 2020
2. Memo - Benicia Angle Parking Capacity
22.B - CONTINUATION OF DISCUSSION TO 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 (Interim Assistant City Manager)
On December 20, 2022, City staff gave a report on the status of the 2023 American Independence Day Celebration Event on July 3 and 4, 2023 (Event). Council directed staff to return with this item on January 17th to advise if additional funding had been secured to support the event.
Recommendation:
Provide direction to staff via motion and vote, no resolution needed, on how to proceed with Benicia’s 2023 American Independence Celebration Event on July 3 and 4, 2023.
Staff Report - Continuation of Discussion of 2023 American Independence Day Event Celebration
23. Adjournment Of Regular Meeting (8:00 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 Scott: 707-746-4213
Council Member Birdseye: 707-746-4213
Council Member Campbell: 707-746-4213
Council Member Macenski: 707-746-4213