1 BENICIA CITY COUNCIL
SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, 250 East L Street, Council Chamber
Benicia, CA 94510
May 16, 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.
As a courtesy, and technology permitting, members of the public may participate remotely and provide public comment via Zoom. Please be advised that those participating in the meeting remotely via Zoom do so at their own risk. Council meetings will not be cancelled due to technical difficulties.
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 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.
6.B CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Gary Gregory v. City of Benicia, et. al. Case No. CV-02259, U.S. District Court, Northern District of Cal.)
3 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
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 - CURRENT AND UPCOMING OPENINGS ON BOARDS AND COMMISSIONS Current and Upcoming Openings - Boards and Commissions
14. Proclamations
14.A - PROCLAMATION - NATIONAL PUBLIC WORKS WEEK (Public Works Department)
Proclamation - National Public Works Week
14.B - PROCLAMATION - NATIONAL POLICE WEEK (Police Department) Proclamation - National Police Week 2023
4 14.C - PROCLAMATION - BUILDING SAFETY MONTH (Community Development Department)
Proclamation - Building Safety Month
15. Appointments
15.A - MAYOR’S APPOINTMENT OF COUNCIL MEMBER TOM CAMPBELL AS THE CITY’S REPRESENTATIVE ON THE COMMUNITY ACTION PARTNERSHIP SOLANO
BOARD OF DIRECTORS
Resolution – Appoint City Council Member to CAP Solano Board of Directors
16. Presentations
16.A - RESIDENT SATISFACTION SURVEY (Deputy City Manager)
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.
5 21.A - MINUTES FROM THE APRIL 25, 2023 AND MAY 2, 2023 SPECIAL AND REGULAR CITY COUNCIL MEETINGS (City Clerk)
April 25, 2023 City Council Meeting Minutes
May 2, 2023 City Council Meeting Minutes
21.B - FY 2022-23 THIRD QUARTER INVESTMENT REPORT (Finance Director) The Third Quarter Investment Report for the quarter that ended March 31, 2023, 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 Third Quarter Investment Report for the quarter that ended March 31, 2023 (Attachment 1).
Staff Report - FY 2022-23 Third Quarter Investment Report
1. FY2022-2023 Third Quarter Investment Report
2. FY2022-2023 LAIF Statement Ending March 31
3. FY2022-2023 CAMP Statement Ending March 31
4. FY2022-2023 115 Trust Statement Ending March 31
21.C - ACCEPTING THE AMERICAN RESCUE PLAN GRANT THROUGH THE NAPA SOLANO AREA AGENCY ON AGING (Police Chief)
The Benicia Police Department’s Family Resource Center (FRC) received a grant for $45,000 from Napa Solano Area Agency on Aging (NSAAA) for the period of January 1, 2023, to December 31, 2023 to assist low income and at-risk seniors (aged 60 and above) in the Napa and Solano areas. The grant is funded through the American Rescue Plan for Supportive Services under Title III-B of Older American Acts.
Recommendation:
Adopt a resolution (Attachment 1) accepting the grant agreement with NSAAA (Attachment 2) and authorizing the Finance Director and/or Interim City Manager to execute the agreement.
Staff Report - ARP Grant
1. Resolution - ARP Grant
2. NSAAA Grant Agreement
6 21.D - APPROVE LIST OF STREETS FOR FY23/24 PAVEMENT REHABILITATION
PROJECT TO RECEIVE ROAD MAINTENANCE AND REHABILITATION ACCOUNT FUNDING (Public Works Director)
Senate Bill 1: the Road Repair and Accountability Act of 2017 (SB 1) (Chapter 5, Statutes of 2017), requires each local agency to submit a list of proposed street maintenance and rehabilitation projects to the California Transportation Commission (CTC) annually as a prerequisite to receive Road Maintenance and Rehabilitation Account (RMRA) funding.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the List of Streets (Project List) for FY23/24 Pavement Rehabilitation Project (Project) (Exhibit A).
Staff Report - SB1 List of Streets
1. Resolution - List of Streets - FY23/24 Pavement Rehabilitation Project - RMRA Funding
21.E - RESOLUTION CONTINUING THE DECLARATION OF A LOCAL EMERGENCY FOR RAW WATER TRANSMISSION LINE INCIDENT (Public Works Director) The Interim City Manager/Emergency Services Director is requesting that Council find that the following conditions of extreme peril to the safety of persons and property continue to exist within the City of Benicia: severe hillside slope failure along Lopes Road caused by storm event flooding and stormwater runoff which damaged the RWTL and other structures including roadways, impact to the supply and transport of water to users in the City, which require actions to procure adequate water supply until the damage is repaired, and potentially other damage unknown at this time.
Recommendation:
Move to adopt a Resolution of the City of Benicia Continuing the Declaration of Local Emergency (Attachment 1).
Staff Report - Continuation of Existence of a Local Emergency
1. Resolution - Continuation of Declaration of Local Emergency
21.F - RATIFYING THE INTERIM CITY MANAGER’S DECLARATION OF A
CONTRACTING EMERGENCY AND APPROVING PAYMENT FOR EMERGENCY RAW WATER TRANSMISSION LINE INCIDENT (Public Works Director) 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 7 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 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.
On May 2, 2023, the City Council adopted Resolution No. 23-40, 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.G - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
22. Business Items
8 22.A - PUBLIC HEARING ON MASTER FEE SCHEDULE CHANGES (Finance Director) At the May 2, 2023 Council meeting the implementation of a User Fee Study and proposed master fee schedule changes was presented for Council consideration. This public hearing is the next step in adopting the proposed changes.
Recommendation:
Conduct a public hearing and adopt a resolution (Attachment 1) approving the master fee schedule changes.
Staff Report - Master Fee Schedule
1. Resolution - Master Fee Schedule
22.B - APPROVING ARTS AND CULTURE COMMISSION’S PUBLIC ART PROJECTS AND RELATED BUDGET AMENDMENT (Library and Cultural Services Director) In March 2023, the Arts and Culture Commission (ACC) approved the release of a request for proposals (RFP) to expand the Working Piano “Play Art” Public Art Project to include a second piano.
Multiple responses were received. The ACC reviewed the proposals at their April meeting and approved recommendations to be brought to City Council. The ACC also reviewed the option to purchase three existing metal sculptures on offer from the estate of an internationally renowned artist to be installed on City property.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the commission of an artist to paint a second piano to expand the “Play Art” project installation, including the cost of maintenance, approving the acquisition and installation of the Gian metal sculptures as recommended, approving a budget amendment within the Arts and Culture budget to reflect the total amount of funding required to complete the two projects, and authorizing the Finance Director to make the necessary budget amendment.
Staff Report - Arts and Culture Commission - Public Art
1. Resolution - Arts and Culture Commission - Public Art
2. Visual Representation - Artwork Intended for the "Play Art" Piano
3. Quote for Services - Installation and Mantenance - Existing and New Piano
4. Visual Representation - Three Metal Sculptures
22.C - QUARTERLY POLICY ISSUE REQUEST FROM COUNCIL (Interim City Manager) The City Council discusses various non-urgent “Two-Step” requests made by individual members of the City
9 Council on a quarterly basis, as described in the City Council Rules of Procedure (Attachment 1). One Quarterly Policy Issue (2-Step) Request was submitted for Council’s consideration.
1. Mayor Young – consider a traffic calming proposal for Southampton (Attachment 2).
Recommendation:
Discuss the Two-Step Request and provide direction to staff on whether or not to schedule this topic for future Council discussion.
Staff Report - Quarterly Policy Issue Request from Council
1. City Council Rules of Procedure
2. Two-Step Request – Traffic Calming Proposal – Southampton – Mayor Young
23. 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.)
23.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 Report - Tri City Cooperative Planning Group - Solano Open Space
24. Adjournment Of Regular Meeting (8:30 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 Scott: 707-746-4213
Council Member Birdseye: 707-746-4213
Council Member Campbell: 707-746-4213
Council Member Macenski: 707-746-4213