1 BENICIA CITY COUNCIL
SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, 250 East L Street, Council Chamber
Benicia, CA 94510
June 6, 2023
6:00 PM
Accessing The Meeting
How to Participate in the Meeting:
1) Attend in person at Council Chambers
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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.
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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.
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• Enter the meeting ID number: 885 0804 7557 *please note this is an updated ID number*. 2 • Enter password: 449303
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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 (5:30 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—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Michael Martuscello v. City of Benicia, Solano County Superior Court Case No. FCS057302)
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.) 3 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 - JUNETEENTH FREEDOM DAY (City Manager's Office) Proclamation - Juneteenth Freedom Day
14.B - PROCLAMATION - BENICIA PUBLIC LIBRARY PROCLAMATION (City Manager's Office)
Proclamation - Benicia Public Library - 30th Anniversary
14.C - PROCLAMATION - LGBTQ PRIDE MONTH (City Manager's Office) Proclamation - LGBTQ Pride Month
15. Appointments
15.A - CITY COUNCIL APPOINTMENTS; SUBCOMMITTEE'S RECOMMENDATIONS
FOR BOARDS AND COMMISSIONS
4 Subcommittee's recommendation to the Mayor of Rebecca Guilick, appointment to the Arts and Culture Commission for a partial term ending July 31, 2025.
Subcommittee's recommendation to the Mayor of Patrick Donaghue, appointment to the Building Code Board of Appeals for a full-term ending July 31, 2027.
Subcommittee's recommendation to the Mayor of Brandon Marshall, reappointment to the Building Code Board of Appeals for a partial term ending July 31, 2025.
Subcommittee's recommendation to the Mayor of Gregg Horton, appointment to the Open Government Commission for a partial term ending July 31, 2025.
Subcommittee's recommendation to the Mayor of Hannah Rice, appointment to the Open Government Commission for a partial term ending January 31, 2025.
Subcommittee's recommendation to the Mayor of Gayle Vaughan, appointment to the Open Government Commission for a partial term ending January 31, 2026.
Subcommittee's recommendation to the Mayor of Michael Boyle, reappointment to the Parks, Recreation and Cemetery Commission for a full-term ending July 31, 2027.
Subcommittee's recommendation to the Mayor of Ann Brooner, reappointment to the Parks, Recreation and Cemetery Commission for a full-term ending July 31, 2027.
Subcommittee's recommendation to the Mayor of Colin Healy, appointment to the Parks, Recreation and Cemetery Commission for a student term ending July 31, 2024.
Subcommittee's recommendation to the Mayor of Ron Kane, appointment to the Parks, Recreation and Cemetery Commission for a full-term ending July 31, 2027.
Additional Boards and Commission Applicants:
Denton, Kevin, Arts and Culture Commission
Phillips, Wendi, Arts and Culture Commission
Guilick, Rebecca, Redacted
Donaghue, Patrick, Redacted
Marshall, Brandon, Redacted
Horton, Gregg, Redacted
Rice, Hannah, Redacted
Vaughn, Gayle, Redacted
5 Boyle, Michael, Redacted
Brooner, Ann, Redacted
Healy, Colin, Redacted
Kane, Ron, Redacted
Denton, Kevin, Redacted
Phillips, Wendi, Redacted
15.B - MAYOR'S APPOINTMENT OF WILLIAM STUART LYLE TO THE PLANNING COMMISSION FOR A PARTIAL TERM ENDING JANUARY 31, 2026
1. Resolution - Appointment - William Stuart Lyle - Planning Commission
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 6 member of the public. Items removed from the Consent Calendar shall be considered immediately following the adoption of the Consent Calendar.
21.A - ACCEPTANCE OF PROPOSAL FOR PUBLISHING AND PRINTING LEGAL
NOTICES FROM BENICIA HERALD AND APPROVAL OF AN AGREEMENT BETWEEN THE CITY AND BENICIA HERALD FOR FISCAL YEARS 2023/2024 AND 2024/2025 (City Clerk)
Certain official advertisements, notices, resolutions and other documents are required to be published in a newspaper. The law requires that the newspaper qualify as a newspaper of general circulation. An Informal Request for Proposal was sent to the Benicia Herald. The Benicia Herald is the only local paper that meets the qualifications. The current contract between the City of Benicia and Benicia Herald will end on June 30, 2023. This is a routine issue that is acted upon by Council every two years.
Recommendation:
Move to adopt the resolution (Attachment 1) accepting the Proposal for Publishing and Printing Legal Notices from Benicia Herald and authorizing the Interim City Manager to execute the agreement on behalf of the City, subject to non-substantial changes approved by the City Attorney (Attachment 2).
Staff Report - Legal Publications Agreement
1. Resolution - Legal Publications Agreement
2. Agreement with Benicia Herald
21.B - AUTHORIZING INTERIM CITY MANAGER TO SIGN AN AGREEMENT ON
BEHALF OF THE CITY TO ENTER INTO CONTRACT WITH SOLANO COUNTY SHERIFF’S OFFICE TO PROVIDE ANIMAL CONTROL SERVICES (Police Chief) The City of Benicia’s Police Department (Department) currently does not have dedicated animal control personnel and has been assisted by the Solano County Sheriff’s Office (Sheriff’s Office) for the past few years on an as needed basis. An Animal Control Services Agreement (Agreement) with the Sheriff’s Office will ensure that the City is covered at all times, for all animal-related calls, and will allow current Police Department Staff (Department Staff) to focus on other responsibilities to serve the community.
Recommendation:
Adopt a resolution (Attachment 1) approving an agreement (Attachment 2) with the Solano County Sheriff’s Office to provide animal control services for the City for the next three years and authorizing the Interim City Manager to sign the agreement on behalf of the City.
Staff Report - Animal Control Services Agreement – Solano County Sheriff
1. Resolution – Animal Control Services Agreement – Solano County Sheriff
2. Animal Control Services Agreement – Solano County Sheriff 7 21.C - APPROVAL OF CHANGE ORDERS AND ADDITIONAL EXPENSES REQUIRED
TO COMPLETE THE PROJECT, AND ACCEPTANCE OF THE COMPLETION OF THE FITZGERALD FIELD BLEACHER REPLACEMENT PROJECT (Municipal Project Manager)
Plans to renovate the aging Fitzgerald Field Stadium began in 2016. Staff conferred with user groups to determine design elements, and with Benicia Little League and City Council to determine available funding. On June 7, 2022, City Council approved to award the Fitzgerald Field Bleacher Replacement Project (Project) to J-Walt Construction, Inc. by Resolution 22-68. Demolition began in August 2022, and the Project was completed to the satisfaction of the Municipal Project Manager in May 2023.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the change orders (Exhibit A) and additional expenses required to complete the Project (Exhibit B), accepting the Fitzgerald Field Bleacher Replacement Project as complete, authorizing the Interim City Manager to sign the Notice of Completion (Attachment 2), and authorizing the City Clerk to file the Notice of Completion with the Solano County Recorder.
Staff Report - Acceptance of Completion of Fitzgerald Field Bleacher Replacement Project
1. Resolution - Acceptance of Fitzgerald Field Bleacher Replacement Project
2. Notice of Completion Fitzgerald Bleachers
3. Resolution 22-68 - J-Walt - Fitzgerald Field Bleacher Replacement Project
21.D - APPROVAL OF ADJUSTMENT TO SALARY SCHEDULES (Human Resources Manager)
Council approved Cost of Living Adjustments (COLAs) as part of the 2021 – 2024 Memoranda of Understanding (MOU) for most bargaining units and the 2021 – 2026 MOU for Benicia Firefighter’s Association. In addition, equity adjustments are recommended for positions not included in the August 2022 Public Works Re-Organization and Salary Stabilization Project (Public Works Re-Org Project).
California Public Employee’s Retirement System (CalPERS) requires the adoption of resolutions duly approving and adopting publicly available pay schedules in accordance with the requirement of the California Code of Regulations, Title 2, Section 570.5.
Recommendation:
Adopt a resolution (Attachment 1) approving and adopting publicly available pay schedules (Exhibit A) and Side Letters of Agreement for bargaining units (Exhibit B) in accordance with the California Code of Regulations, Title 2, Section 570.5.
Staff Report - Approval of Salary Schedules
1. Resolution – Salary Schedules
8 21.E - APPROVE AN AMENDMENT WITH SOLANO RESOURCE CONSERVATION DISTRICT FOR THE WATER EDUCATION PROGRAM (Public Works Director) The City contracts services to help facilitate several Environmental Education Programs. The Environmental Education Programs include 4th and 5th grade Water and Wastewater Education Programs (Programs) which provides students with awareness of local water resources and in-depth details of our wastewater and drinking water processes from beginning to end.
Recommendation:
Adopt a resolution (Attachment 1) approving an Amendment for a one-year extension to the Agreement with Solano Resource Conservation District for the Benicia Water Education Program (Agreement) for Fiscal Year 2023-24 and authorizing the Interim City Manager to execute the Amendment on behalf of the City.
Staff Report - Approval of Amendment with Solano County RCD
1. Resolution – Approval of Amendment Solano RCD
2. Fourth Amendment to Agreement - Solano RCD
21.F - RATIFYING THE INTERIM CITY MANAGER’S DECLARATION OF A
CONTRACTING EMERGENCY, APPROVING PAYMENT, AND TERMINATING THE
CONTRACTING EMERGENCY ACTION 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 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 7, City contractors completed construction of an above ground temporary bypass waterline (Phase 1) which is a temporary solution to provide water service to the City around the damaged area of the RWTL.
Since that time, City Council has adopted resolutions at subsequent City Council meetings ratifying the City Manager’s declaration of a contracting emergency and approving payment. The last resolution approved by City Council on May 23, 2023, Resolution No. 23-49, approved payment for an amount not to exceed $2 million.
9 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.
It is recommended to terminate the contracting emergency at this time (but to keep the local emergency declaration in place.)
Recommendation:
Move to adopt a resolution (Attachment 1) ratifying the Interim 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 and terminating the contracting emergency action.
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 - APPROVE POSITION ALLOCATION CHANGES FOR THE CITY MANAGER’S
OFFICE, HUMAN RESOURCES DEPARTMENT, LIBRARY, FINANCE DEPARTMENT, AND INFORMATION TECHNOLOGY DIVISION, AND SALARY SCHEULE (Human Resources Manager)
The City continues to make necessary changes to modernize operations within all departments to provide the best internal and external services, translating into improved service to the community. As part of the FY2023-25 budget planning process, all departments were asked to review their staffing allocations for any changes, or reallocations of positions, as we continue to align the structure of departments and maximize efficiencies. As a result, this report recommends the following changes to the full-time employee (FTE) count:
City Manager’s Office:
• Delete 1 FTE (retirement) Municipal Project Manager position • Freeze 1 Management Analyst II position (leave vacant) • Add 1 FTE Economic Development Manager position
Human Resources Division:
• Change 1 FTE Analyst to 0.6 FTE Analyst
• Change 0.6 Technician to 1 FTE Assistant
Finance Department:
• Delete 1 FTE (vacant) Assistant City Manager position 10 • Delete 1 FTE (vacant) Assistant Finance Director
• Delete 1 contract Accountant position
• Add 1 FTE Senior Accountant
• Add 1 FTE Budget Manager
• Delete 1 FTE (vacant) Information Technology (I.T.) Analyst I/II • Add 2 FTE I.T. Assistants
Library Department:
• Delete 1 FTE – Librarian I
• Delete 2 FTE – Library Technician I
• Delete 1 FTE – Library Manager
• Add 1 FTE – Library Technician II
• Add 1 FTE – Senior Librarian
• Change allocation to Part-time staffing as follows:
o Add 48 hours Auxiliary Librarian (adding three individuals to staffing pool) o Add 38 hours Library Assistant (adding two+ individuals to staffing pool) o Delete Department Aide (part-time pool)
o Delete Page (part-time pool)
o Add Library Aide (part-time pool)
The overall impact of the recommended changes listed above will result in a reduction of 1 FTE, elimination of contract services in the Finance Department and I.T. Division, and an increase in part-time hours and budget.
Recommendation:
Move to adopt a resolution (Attachment 1), approving position allocation changes and amendments to the City’s Classification Plan as described and authorizing the City Manager to take the necessary administrative steps to implement the actions.
Staff Report - Position Allocation Changes
1. Resolution – Position Allocation Changes and Salary Schedules
2. Draft - Job Description - Budget Manager
22.B - REJECTION OF ALL BIDS FOR PARK ROAD IMPROVEMENT PROJECT (Public Works Director)
The Park Road Improvement Project No. T-120 (Project) is a federally funded project (Federal Project No. STPCML-5003(031)) consisting of pavement repair, storm drainage improvements, and a new bicycle facility along Park Road between Oak Road and Bayshore Road. The Project has a financial shortfall, Good Faith Effort certification issues with Caltrans, and unresolved access to property resulting in project delays likely missing the Calendar Year 2023 construction window.
Recommendation:
11 Adopt a resolution (Attachment 1) rejecting all bids for the Park Road Improvement Project due to insufficient funding, unresolved land access issues, and unresolved bidder approval (good faith effort) delaying the project by one year.
Staff Report - Rejection of Bids for Park Road Improvement Project
1. Resolution – Rejection of Bids for Park Road Improvement Project
2. Agreement Solano Transportation Authority - Resolution No. 17-02
3. Funding Exchange Benicia to Rio Vista
4. Funding Exchange Benicia to Dixon
5. Draft Construction Contract
22.C - PROPOSED FISCAL YEAR 2024 & FISCAL YEAR 2025 BUDGETS (Finance Director)
Biennially (every two years) the City adopts a budget for each of the next two fiscal years, this item presents the proposed budgets for fiscal year (FY) 2023-2024 and fiscal year 2024-2025 which collectively are the consolidated FY 2023-2025 budget. The City budget is comprised of many funds, with the General Fund being the primary operating fund of the City. The proposed General Fund budgets are balanced with operating expense reductions, deferment of select internal service fund contributions and use of one-time funding Council has previously set aside in the various reserves. The FY 2023-2024 and FY 2024-2025 budget is scheduled to be adopted on June 20, 2023.
Recommendation:
Receive the proposed FY 2023-2025 budget and provide direction to staff on any changes prior to adoption on June 20, 2023.
Staff Report - Proposed Fiscal Year 2024 & Fiscal Year 2025 Budgets
1. Proposed Fiscal Year 2023-2025 General Fund Budget Summary
2. Proposed Fiscal Year 2023-2025 All Funds Budget Department Summaries
3. Proposed Fiscal Year 2023-2025 All Funds Budget Book PDF
4. ACC Recommended Grants
5. HSB Recommended Grants
23. Adjournment Of Regular Meeting (9:00 P.M.)
12 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 13 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