1 BENICIA CITY COUNCIL
SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, 250 East L Street, Council Chamber
Benicia, CA 94510
May 23, 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
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 (5:00 P.M.)
6.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
8. Announcement From Closed Session, If Any
3 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
15. Appointments
16. Presentations
16.A - ARTS AND CULTURE COMMISSION (Library and Cultural Services)
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 4 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 - CITY COUNCIL APPOINTMENTS; SUBCOMMITTEES PREFERENCES FOR BOARDS AND COMMISSION (City Manager's Office)
Subcommittee's preference to the Mayor of William S. Lyle, appointment to the Planning Commission for a partial term ending January 31st, 2026.
Additional Planning Commision Applicants:
Cormier-Knopp
Horton, Cory
Kahn, Steven
Kerridge, Kathy
Zywiec, William
Lyle, William S., Redacted
Cormier-Knopp, Joseph, Redacted
Horton, Cory, Redacted
Kahn, Steven, Redacted
Kerridge, Kathy, Redacted
Zywiec, William, Redacted
5 21.B - RESOLUTION SUPPORTING CITIZEN PEITION TO THE CALIFORNIA FISH
AND GAME COMMISSION TO PROHIBIT DUCK HUNTING ADJACENT TO RESIDENTIAL NEIGHBORHOODS IN BENICIA (Interim City Manager) In October 2020 residents surrounding Alvarez 9th Street Park observed duck hunters hunting in the water in and around Southampton Bay, which is only 150 yards away from residential homes, adjacent parks and is in the same area where water recreation such as kayaking, paddle boarding, and sail boating occur. Benicia residents sought intervention and assistance from California Department of Fish and Wildlife to prohibit duck hunting so close to Benicia homes but were directed to petition the California Fish and Game Commission (FGC).
Unfortunately, the action to place the petition on an FGC agenda remains stalled. Consequently, the City of Benicia is seeking, through the adoption of the proposed resolution by the City Council, to reinvigorate the urgency of the matter to the FGC with the goal of having the merits of the petition discussed at the August 2023 meeting.
Recommendation:
Adopt a resolution (Attachment 1) supporting a citizen petition that requests the California Fish and Game Commission to agendize an action item to prohibit duck hunting in State waters adjacent to residential and recreational locations in Benicia.
Staff Report - Duck Hunting
1. Resolution – California Fish and Game Petition Support
2. California Fish and Game Commission - Petition Number 2022-01
21.C - REQUEST TO FLY THE JUNETEENTH LIBERATION FLAG (Interim City Manager)
This request is for the City to fly the Juneteenth Liberation Flag on the City Hall flagpole to recognize June 19th, 2023 as Juneteenth, an annual holiday commemorating the end of slavery in the United States. This request is being brought forward by Mayor Young pursuant to the City’s Outdoor Flag Display Policy (Attachment 1), which states that “the City shall display commemorative flags only if authorized by the City Council as an expression of the City’s official sentiments.” The policy also states that “the City Council shall only consider a request to display a commemorative flag if the request is made by a member of the Benicia City Council.”
Recommendation:
Provide direction to staff by minute order on whether or not to fly the Juneteenth Liberation Flag on the City Hall flagpole and its duration.
Staff Report - Request to Fly Juneteenth Liberation Flag
1. Outdoor Flag Display Policy
6 21.D - REQUEST TO FLY THE RAINBOW FLAG IN RECOGNITION OF LGBTQ+ PRIDE MONTH (Interim City Manager)
This request is for the City to fly the Rainbow Pride Flag on the City Hall flagpole during the month of June 2023, in recognition of LGBTQ+ Pride Month. This request is being brought forward by Mayor Young, pursuant to the City’s Outdoor Flag Display Policy (Attachment 1) which states that “the City shall display commemorative flags only if authorized by the City Council as an expression of the City’s official sentiments.” The policy also states that “the City Council shall only consider a request to display a commemorative flag if the request is made by a member of the Benicia City Council.” Recommendation:
Provide direction to staff by minute order on whether or not to fly the Rainbow Pride Flag on the City Hall flagpole during the month of June 2023.
Staff Report - Request to Fly Rainbow Pride Flag
1. Outdoor Flag Display Policy
21.E - AWARD OF CONSTRUCTION CONTRACT, APPROVAL OF CATEGORICAL EXEMPTION, AND BUDGET AMENDMENT FOR HSIPL-5003(033) PEDESTRIAN
IMPROVEMENT CROSSING PROJECT LOCATED AT MILITARY WEST AND WEST 5TH STREET AND HASTINGS DRIVE AND LONDON DRIVE (Public Works Director) The Pedestrian Crossing Improvement Project (Project) located at Military West and West 5th Streets and Hastings Drive and London Drive generally consists of removal and installation of asphalt concrete, curb, gutter, and sidewalk, curb ramps with warning surfaces, and signing and striping. The Project also includes the installation of solar Rectangular Rapid Flashing Beacons (RRFB’s).
Recommendation:
Adopt a resolution accepting the bids, approving a Categorical Exemption (CE) under the California Environmental Quality Act (CEQA), and a budget amendment for the Pedestrian Crossing Improvement Project located at Military West and West 5th Streets and Hastings Drive and London Drive, awarding the construction contract, to W. Bradley Electric, LLC of Novato, CA in the amount of $372,243.00, authorizing staff to file the Notice of Exemption at the Solano County Assessor/Recorder’s Office and initiate work on the Project and authorizing the Finance Director to make the necessary budget amendment and authorizing the Interim City Manager to sign the contract on behalf of the City.
Staff Report - Award of Construction Contract for Pedestrian Crossing Improvement Project
1. Resolution - Award of Construction Contract for Pedestrian Crossing Improvement Project
2. W. Bradley Electric, LLC Proposal
7 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 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 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 $2 million.
On May 16, 2023, the City Council adopted Resolution No. 23-44, ratifying the Interim City Manager’s Declaration of a Contracting Emergency and approving payment for an amount not to exceed $2 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. 8 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
22.A - GOAL SETTING (Deputy City Manager)
Annually a special Goal Setting Workshop is held providing an opportunity for Council to discuss and set its priorities for the next fiscal year. Council and staff began this discussion on March 31, 2023 for FY 2023-24 (July 1, 2023 – June 30, 2024).
Recommendation:
Continue discussion of FY 2023-24 goals and priorities and provide feedback and/or direction to staff.
Staff Report - Goal Setting
1. Proposed Goal Setting Project List for FY 23-24 Work Plan
23. Adjournment Of Regular Meeting (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