1 BENICIA CITY COUNCIL
SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, 250 East L Street, Council Chamber
Benicia, CA 94510
May 2, 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 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): (One potential case)
6.B A CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6 Agency designated representatives: City Manager, Human Resources Manager.
Employee Organization: Benicia Police Officers Association, Benicia Public Service Employees Association, Benicia Fire Fighters Association, Benicia Dispatchers Association, Benicia Supervisor and Professional Association, Middle Management Employees, Police Management Employees, Senior Management Employees, and Unrepresented Employees.
7. Reconvene Open Session
3 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
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 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
Current and Upcoming Openings - Boards and Commissions
14. Proclamations
14.A - PROCLAMATION - HISTORIC PRESERVATION MONTH (Community Development Department)
Proclamation - Historic Preservation Month
14.B - PROCLAMATION - OLDER AMERICANS MONTH (City Manager's Office) Proclamation - Older Americans Month
15. Appointments
16. Presentations
4 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 APRIL 18, 2023 REGULAR CITY COUNCIL MEETING (City Clerk)
April 18, 2023 Regular City Council Meeting Minutes
21.B - ACCEPTANCE OF FUNDING FOR THE EAST 5TH STREET AFFORDABLE HOUSING STREETSCAPE (Community Development Director)
The Community Development Department (CDD) is requesting approval to accept the One Bay Area Cycle 3 Grant (Grant) from the Metropolitan Transportation Commission in the amount of $261,000, allocated for the East 5th Street Affordable Housing Streetscape (Project). The minimum local match for the City of Benicia is $34,000 (11.47%) of the total project cost.
Recommendation:
1. Move to adopt a resolution (Attachment 1) accepting the One Bay Area Cycle 3 Grant in the amount of $261,000 from the Metropolitan Transportation Commission and committing a matching amount of $34,000 (11.47%).
5 2. Move to adopt a resolution of local support (Attachment 2).
Staff Report - East 5th Street Affordable Housing Streetscape
1. Resolution – East 5th Street Affordable Housing Streetscape
2. Resolution – Metropolitan Transportation Commission Local Support
21.C - APPROVAL OF DISCOVERY AND AMNESTY PROGRAM RELATED TO TRANSIENT OCCUPANCY TAX AND SHORT-TERM RENTALS (Interim Finance Director)
The City of Benicia has requested HdL Companies (HdL), the City’s contracted Transient Occupancy Tax (TOT) and Short-Term Rental (STR) administrator, to conduct an initial review of non-compliant business within the city limits. Property owners are required to follow local laws regarding this activity and collect the City’s TOT from guests. The Amnesty program will provide forgiveness of late penalties and interest but not the past dues fee itself.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the recommended TOT and STR Discovery and Amnesty Program.
Staff Report - Transient Occupancy Tax - HdL Engagement
1. Resolution – Short-Term Rental Amnesty Program
21.D - RATIFYING THE INTERIM CITY MANAGER’S DECLARATION OF A
CONTRACTING EMERGENCY AND APPROVING PAYMENT FOR EMERGENCY RAW WATER TRANSMISSION LINE INCIDENT (Interim City Manager) 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. 6 On 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.
On April 7, City contractors completed construction of an above ground temporary bypass waterline which is a temporary solution to provide water service to the City around the damaged area of the RWTL.
On April 18, 2023, the City Council adopted Resolution No. 23-33, ratifying the Interim City Manager’s Declaration of a Contracting Emergency and approving payment for an amount not to exceed $1 million.
On April 25, 2023, the City Council adopted Resolution No. 23-36, ratifying the Interim City Manager’s Declaration of a Contracting Emergency and approving payment for an amount not to exceed $1 million.
City staff and contractors continue to pursue temporary and permanent improvements to the damaged RWTL to provide continuous water service to the City meeting the summer demand and City staff now project costs for the temporary repair measures will exceed $1 million. As part of this Council action, staff is requesting to increase the budget appropriation from $1 million to $2 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 $2 million.
Staff Report - Emergency Declaration RWTL Incident
1. Resolution – Ratification of Proclamation of Existence of a Local Emergency
21.E - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
22. Business Items
22.A - REVIEW OF USER FEE STUDY AND PROPOSED MASTER FEE SCHEDULE CHANGES (Interim Finance Director)
The City of Benicia engaged Willdan Financial Services (Willdan) to determine the full costs incurred by the City to support the various activities for which the City charges user fees. Due to the complexity and the breadth of performing a comprehensive review of fees, Willdan employed a variety of fee methodologies to identify the full costs of individual fees and program activities. This report, and the appendices herein, identify some fees would require significant increases to achieve 100% cost recovery. Therefore, departmental staff have recommended a subsidy for several fees. The proposed fee increases are to ensure the general revenues of the General Fund i.e., property tax, sales tax, utility 7 user tax, etc., are not subsidizing user specific services, unless directed specifically by City Council to do so related to a public benefit.
Recommendation:
Receive a presentation on the user fee study and proposed master fee schedule changes (Attachment 1) and provide direction to staff.
Staff Report - User Fee Study - Proposed Master Fee Schedule
1. User Fee Study - Proposed Master Fee Schedule
23. Adjournment Of Regular Meeting (8:00 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 Scott: 707-746-4213
Council Member Birdseye: 707-746-4213
Council Member Campbell: 707-746-4213
Council Member Macenski: 707-746-4213