1 BENICIA CITY COUNCIL
SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, 250 East L Street, Council Chamber
Benicia, CA 94510
February 7, 2023
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 Special Meeting To Order (5:00 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 PUBLIC EMPLOYEE APPOINTMENT
Title: Interim City Manager
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 - 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
• Human Services Board
1 Partial Term, Expiring July 31, 2026
• 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
13.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.
14. Proclamations
14.A - PROCLAMATION - BLACK HISTORY MONTH 2023
Proclamation - Black History Month February 2023
14.B - PROCLAMATION - STORM COVERAGE
4 Proclamation - Storm Coverage
15. Appointments
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 - MINUTES FROM THE JANUARY 17, 2023, JANUARY 19, 2023, AND JANUARY 24, 2023, SPECIAL AND REGULAR CITY COUNCIL MEETINGS (City Clerk) January 17, 2023 - City Council Meeting Minutes
January 19, 2023 - Special City Council Meeting Minutes January 24, 2023 - City Council Meeting Minutes
5 21.B - APPROVAL OF SECOND AMENDMENT TO AGREEMENT WITH COASTLAND CIVIL ENGINEERING, INC. FOR DESIGN OF THE PARK ROAD IMPROVEMENT PROJECT (Public Works Director)
Coastland Civil Engineering, Inc. (Coastland) is the engineering firm that was selected for the professional engineering design of the Park Road Improvement Project. A second amendment to the agreement is needed in order to extend the length of the agreement through June 30, 2024 and increase the contract amount by $95,000.
Recommendation:
Move to adopt a resolution (Attachment #1) approving the second amendment (Attachment #2) to the agreement with Coastland Civil Engineering, Inc., per consultant’s proposal (Attachment #3) for professional engineering services for the Park Road Improvement Project in the amount of $95,000 for a not-to-exceed cost of $490,500, extending the length of the agreement, and authorizing the Finance Director and/or City Manager to increase the purchase order and execute the agreement on behalf of the City.
Staff Report - Approval of Second Amendment to the Agreement with Coastland Civil Engineering, Inc. for design of the Park Road Improvement Project
1. Resolution - Second Amendment to the Agreement - Coastland Civil Engineering, Inc.
2. Second Amendment to the Agreement - Coastland Civil Engineering Inc.
3. Proposal letter - Request for Budget Adjustment - Additional Design Services - Coastland Civil Engineering Inc.
4. Agreement - Coastland Civil Engineering Inc.
5. First Amendment to the Agreement - Coastland Civil Engineering Inc.
21.C - APPROVAL OF SECOND AMENDMENT TO AGREEMENT WITH COASTLAND CIVIL ENGINEERING, INC. FOR UPDATE TO STANDARD PLANS AND SPECIFICATIONS AND BUDGET ADJUSTMENT (Public Works Director) The Public Works Engineering Division is requesting approval of a second amendment to the agreement with Coastland Civil Engineering, Inc., through December 30, 2023, and an increase to the contract amount in the amount of $22,500 to complete the update to the City’s Standard Plans and Specifications, which include Design Guidelines.
Recommendation:
Move to adopt a resolution (Attachment #1) approving a second amendment (Attachment #2) to the agreement with Coastland Civil Engineering, Inc., per consultant’s proposal (Attachment #3) and an increase the contract amount by $22,500 within the FY 2022-23 budget to complete updating the City’s Standard Plans and Specifications; and authorizing the City Manager to execute the amendment on behalf of the City.
6 Staff Report - Second Amendment to Agreement with Coastland Standard Plans and Specs
1. Resolution - Second Amendment to the Agreement - Coastland Civil Engineering, Inc.
2. Second Amendment to the Agreement - Coastland Civil Engineering, Inc.
3. Proposal letter - Request for Budget Adjustment - Coastland Civil Engineering, Inc.
4. Resolution No. 21-176 – Coastland Civil Engineering, Inc.
5. First Amendment to the Agreement - Coastland Civil Engineering, Inc.
6. Original Agreement – Coastland Civil Engineering, Inc.
21.D - APPROVAL OF AGREEMENT WITH HARRIS & ASSOCIATES FOR ENGINEERING DESIGN SERVICES OF THE FY 22-23 CITYWIDE PAVEMENT REHABILITATION PROJECT (Public Works Director)
The City uses the Metropolitan Transportation Commission StreetSaver® program to cost effectively manage approximately 200 lane miles of city streets. Pavement preservation is paramount to the financial success of the City. Street pavement condition impacts property values and the City’s ability to build tax base. Public Works performs annual pavement preservation projects to provide the best return on investment of the City’s pavement preservation funds.
Recommendation:
Adopt a resolution (Attachment 1) approving a professional engineering design services agreement with Harris & Associates (Attachment 2) in the amount of $56,304 for the FY 22-23 Citywide Pavement Rehabilitation Project (Project) and authorize the City Manager to execute the agreement on behalf of the City.
Staff Report - Award of Design Consultant for FY 22-23 Resurfacing Project
1. Resolution - Approval of Agreement with Harris & Associates
2. Agreement with Harris & Associates
3. Proposal with Harris & Associates
21.E - AUTHORIZING THE CITY OF BENICIA TO JOIN THE CALIFORNIA ASSET MANAGEMENT TRUST JOINT POWERS AUTHORITY (Interim Finance Director) The City is a shareholder in the California Asset Management Trust (CAMP) as an Investor and staff recommends converting to a Participant, which requires joining with other public agencies in the Joint Powers Authority (JPA) to invest in shares o the Trust and/or utilize an individual portfolio. Converting to a Participant will maximize participation and opportunity to interact with the professional investment management services in a cost-efficient manner, with the goal of further diversifying the City portfolio 7 within the constraints of California Government Code and seeking to protect principal, meet liquidity needs and enhance investment earnings over time. As a Participant and JPA member this includes voting rights and eligibility for board membership. Shareholders may choose to join as an Investor or a Participant. Both receive the same investment results, but only Participants are members of the JPA.
Recommendation:
Move to adopt a resolution (Attachment 1) authorizing the City of Benicia to join the California Asset Management Trust JPA.
Staff Report - California Asset Management Trust JPA
1. Resolution - California Asset Management Trust JPA
21.F - APPROVAL OF INVESTMENT POLICY (Interim Finance Director) The City Investment Policy (Investment Policy) requires annual review to ensure it remains consistent with the City’s investment objectives, current law, and economic trends. The annual review has been completed and some minor changes are recommended.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the Investment Policy (Exhibit A).
Staff Report - Investment Policy
1. Resolution - Investment Policy
2. Investment Policy Tracked Changes Version
21.G - APPROVING THE POSITION ALLOCATION FOR CITY COUNCIL INTERN I/II (Human Resources Manager)
Employee retention and attraction continue to be a growing challenge for many public agencies, including Benicia. To remain current with modern public-sector industry standards and staffing needs, and recruiting/attracting talent, the City has begun hiring interns in some departments. This not only allows for the development of future employees in the public sector, but also helps staff with special projects and research.
Recommendation:
Staff is recommending that Council:
1. Provide feedback and direction regarding adding funding to the Council budget for the hiring of Intern I/II for City Council; and
2. Move to adopt a resolution (Attachment 1) approving funding for the position of City Council Intern I/II in the Council budget.
Staff Report - City Council Intern
8 1. Resolution - City Council Intern
21.H - 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:
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
21.I - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
22. Business Items
22.A - ADOPTION OF THE VEGETATIVE FUELS MANAGEMENT PLAN (Fire Chief) Residential development in the hills of Benicia, north of Interstate 780 towards Lake Herman, created a unique fire protection challenge. The rear property lines of a large ratio of homes are exposed to the threat of fire from City-owned open spaces. To reduce this fire hazard, numerous mitigation strategies have been applied. While no strategy will completely alleviate all risks, the efforts have had a positive impact in reducing property damage and increasing the health and safety of our community. Several years ago, Fire Department staff began evaluating the mitigation strategies to ensure the most beneficial and cost-effective methods were being implemented. Fire Department staff applied for a grant to assist in this process. Subsequently, the Department was awarded a federal Hazard Mitigation Assistance grant to fund consultant services to complete this project. The result is a comprehensive Vegetative Fuels Management Plan (VFMP) for the City of Benicia. The Benicia VFMP will provide information and decision-making tools for the Department to reduce wildfire risk using a site-specific approach, while making efficient usage of available financial and administrative resources. Hazard Mitigation Assistance grant fund obligation is subject to the adoption of the VFMP by the City Council and the approval of the VFMP by the Federal Emergency Management Agency (FEMA).
Recommendation:
Move to approve a resolution (Attachment 1) adopting the Vegetative Fuels Management Plan (Attachment 2).
9 Staff Report - Adoption of the Vegetative Fuels Management Plan
1. Resolution - Adoption of the Vegetative Fuels Management Plan
2. Vegetative Fuels Management Plan
23. Adjournment Of Regular Meeting (7:30 Pm.)
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 Scott: 707-746-4213
Council Member Birdseye: 707-746-4213
Council Member Campbell: 707-746-4213
Council Member Macenski: 707-746-4213