1 BENICIA CITY COUNCIL
CITY COUNCIL MEETING AGENDA
Benicia City Hall, 250 East L Street, Council Chamber
Benicia, CA 94510
April 18, 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 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 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
Arts and Culture Commission
• 1 Partial Term, Expiring July 31, 2025
Building Code Board of Appeals
• 1 Partial Term, Expiring July 31, 2025
Community Sustainability Commission
• 1 Full Term, Expiring July 31, 2027
3 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
Parks, Recreation & Cemetery Commission
• 3 Full Terms, Expiring July 31, 2027
Planning Commission
• 1 Partial Term, Expiring January 31, 2026
Sky Valley Open Space Committee
• 1 Full Term, Expiring July 31, 2027
7. Proclamations
7.A - PROCLAMATION - VOLUNTEER APPRECIATION WEEK - APRIL 16-22, 2023 (Police Department)
Proclamation - Volunteer Appreciation Week - April 16-22, 2023
7.B PROCLAMATION - EARTH DAY - APRIL 22, 2023 (Public Works Department) Proclamation - Earth Day - April 22, 2023
7.C - PROCLAMATION - NATIONAL LIBRARY WEEK - APRIL 23-29, 2023 (Library and Cultural Services)
Proclamation - National Library Week - April 23-29, 2023
8. Adoption Of Agenda
9. 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.
10. Written Comment
11. Public Comment
12. 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.
12.A - MINUTES FROM THE MARCH 21, 2023, MARCH 28, 2023, MARCH 31, 2023 AND APRIL 4, 2023 SPECIAL AND REGULAR CITY COUNCIL MEETINGS (City Clerk) March 21, 2023 City Council Meeting Minutes
March 28, 2023 Special and Regular City Council Meeting Minutes March 31, 2023 Special City Council Meeting Minutes
12.B - AWARD CONSTRUCTION CONTRACT FOR VIEWMONT WATER MAIN
REPLACEMENT PROJECT AND APPROVAL OF CATEGORICAL EXEMPTION UNDER CEQA (Public Works Director)
The Viewmont Water Main Replacement Project (Project) will replace the water main located in Viewmont Street, between East 3rd and East 5th, which has exceeded its useful life and has failed in numerous locations and continues to fail periodically.
Recommendation:
Move to adopt a resolution (Attachment 1) approving a Notice of Exemption under the California Environmental Quality Act (CEQA) Guidelines, accepting the bids for the Viewmont Water Main Replacement Project; awarding the construction contract (Attachment 2) to Koios Engineering, Inc., authorizing the Finance Director to make any necessary budget amendments, authorizing the Interim City Manager to sign the contract and any change orders on behalf of the City and authorizing the City Clerk to file said notice with the Solano County Assessor/Recorder’s Office.
Staff Report - Award Construction Contract for Viewmont Water Main Replacement Project
1. Resolution – Viewmont Water Main Replacement Project – Notice of Exemption
2. Construction Contract – Koios Engineering, Inc.
5 3. Bid Summary - Koios Engineering, Inc.
12.C - APPROVAL OF AGREEMENT WITH SUBSTRATE, INC. FOR CONSTRUCTION
MANAGEMENT SERVICES AND NOTICE OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES FOR THE PARK ROAD IMPROVEMENT PROJECT (Public Works Director)
The Park Road Improvement Project No. T-120 (Project) is a grant-funded project consisting of a new bicycle facility along Park Road between I-780 overcrossing to Bayshore Road and drainage improvements and pavement repair on Park Road. As part of this Project, it is necessary to obtain the services of a construction manager to manage the construction phase of this project. Approval of an agreement with Substrate, Inc. will provide those services through the construction phase.
Recommendation:
Move to adopt a resolution (Attachment 1) approving a consultant agreement for construction management services with Substrate, Inc. (Attachment 2) in the amount of $450,000 for the Park Road Improvement Project, approving a Notice of Exemption (NOE) under the California Environmental Quality Act (CEQA) Guidelines for the Park Road Improvement Project (Exhibit A), authorizing the City Clerk to file the NOE at the Solano County Assessor/Recorder’s Office and authorizing the Interim City Manager to execute the agreement on behalf of the City.
Staff Report - Approval of Agreement with Substrate, Inc. for Park Road Project
1. Resolution - Approval of Agreement with Substrate, Inc.
2. Agreement - Substrate, Inc.
3. Proposal - Substrate, Inc.
12.D - COMMUNITY DEVELOPMENT DEPARTMENT AND PUBLIC WORKS DEPARTMENT TENANT IMPROVEMENTS PROJECT (Public Works Director) The Community Development Department (CDD) shares office space with the Public Works Department (PW) in the basement of City Hall. Since COVID-19 (March 2020), there has not been a place to meet the public to discuss permit applications, and staff seating is becoming impacted. Staff is requesting Council’s authorization to make minor modifications to the City Hall downstairs space, so staff have a decent workspace to work and a secure, welcoming space to meet with the public.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the following:
1. Community Development Department and Public Works Department Tenant Improvements Project; and
2. Authorizing the use of $300,000 from the Commitment for Capital/Maintenance Projects (4/5th vote required or the majority of council if all councilmembers are not present); and 6 3. Approval of the necessary budget amendments to create the capital project.
Staff Report - CDD/PW Tenant Improvements
1. Resolution - Community Development Department and Public Works Department Tenant Improvements Project
12.E - ACCEPTING THE NAPA SOLANO AREA AGENCY ON AGING GRANT AND
AUTHORIZING BUDGET AMENDMENTS TO INCREASE THE FAMILY RESOURCE CENTER BUDGET TO EXPEND GRANT FUNDS TO ASSIST AT-RISK SENIORS (Police Chief)
The Benicia Police Department’s Family Resource Center (FRC) received a grant for $84,675 from the Napa Solano Area Agency on Aging (NSAAA) for the period of July 1, 2022 to June 30, 2023 to assist low income and at-risk seniors (aged 60 and above) in the Napa and Solano areas. The agency has granted the FRC an additional $28,350 to render services to the community within that period.
Recommendation:
Adopt a resolution (Attachment 1) approving a first amendment to the grant agreement with the Napa Solano Area Agency on Aging, approving the necessary budget amendments to reflect the total amount of funding received and authorizing the Finance Director and/or Interim City Manager to execute the amendment to agreement with NSAAA (Attachment 2) and the budget amendment on behalf of the City.
Staff Report - NSAAA Grant Amendment
1. Resolution - NSAAA Grant Amendment
2. First Amendment to Agreement
12.F -RATIFYING THE INTERIM CITY MANAGER’S DECLARATION OF A
CONTRACTING EMERGENCY AND APPROVING PAYMENT FOR EMERGENCY RAW WATER TRANSMISSION LINE INCIDENT (Public Works Department) Benicia Municipal Code (BMC) Section 3.09.050.C. Emergency Contracting provides that the City Council shall review the emergency action “… at least at every regularly scheduled meeting…” following its initial review “… until the action is terminated...” This staff report provides for the current status of the emergency action, which has not yet terminated.
The City’s Raw Water Transmission Line (RWTL), that delivers the only continuous supply of water to the City, was damaged on March 29, 2023. The damage occurred when a hillside in Fairfield collapsed during recent rainstorms and was taken out of service. City staff alerted the public that all residents and businesses immediately reduce water use by 40% until further notice.
On March 30, 2023, the Interim City Manager, in accordance with BMC Section 3.09.050 Emergency Contracting, declared an emergency by issuing a Proclamation of Existence of a Local Emergency. On 7 April 4, 2023, the City Council adopted Resolution No. 23-29, ratifying the Interim City Manager’s Declaration of a Contracting Emergency and approving payment for an amount not to exceed $1 million.
Recommendation:
Move to adopt a resolution (Attachment 1) ratifying the City Manager’s declaration of a Contracting Emergency due to damage to the City’s Raw Water Transmission Line in Fairfield, as well as approving payments for an amount not to exceed $1 million.
Staff Report - Emergency Declaration RWTL Incident
1. Resolution – Ratification of Proclamation of Existence of a Local Emergency
12.G - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
13. Business Items
13.A - ACCEPT THE ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2022 (Interim Finance Director) The City’s auditor, CliftonLarsonAllen, LLC (CLA), has completed the review of the annual financial statements for the fiscal year ended June 30, 2022, and has issued an unmodified audit opinion. The audited financial statements are incorporated into an Annual Comprehensive Financial Report (ACFR).
In addition to reviewing the financial statements, the auditors are required to report matters that could adversely affect the City’s ability to record, process, summarize and report financial data. The Single Audit Report presents this information and includes a schedule of four material weaknesses identified.
Recommendation:
Move to accept the Annual Comprehensive Financial Report for the fiscal year ended June 30, 2022 (Attachment 1).
Staff Report - FY 2021-22 Annual Financial Statements
1. Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2022
2. Single Audit Report
14. 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.)
14.A - COUNCIL MEMBER COMMITTEE REPORTS
Committee Report - Marin Clean Energy
8 Committee Report - Sky Valley Open Space
Committee Report - Solano County Water Agency
Committee Report - Solano Transportation Authority
Committee Report - Traffic Pedestrian Bicycle Safety Committee Committee Report - Tri City Cooperative Planning Group - Solano Open Space
15. Adjourn To Closed Session
15.A - PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: Interim City Manager
16. Reconvene Open Session
17. Announcement From Closed Session, If Any
18. Adjournment (8:00 P.M.)
9 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 10 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