1 BENICIA CITY COUNCIL
CITY COUNCIL MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
August 15, 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 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
Current and Upcoming Openings - Boards and Commissions
7. Presentations
7.A - RAW WATER TRANSMISSION LINE UPDATE (Public Works) 3 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.
- 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 JULY 18, 2023 REGULAR MEETING, THE JULY 25, 2023 CITY COUNCIL/PLANNING COMMISSION JOINT MEETING AND THE AUGUST 3, 2023 SPECIAL CLOSED SESSION MEETING (City Clerk)
July 18, 2023 City Council Meeting Minutes
July 25, 2023 Joint City Council and Planning Commission Meeting Minutes August 3, 2023 Special Closed Session City Council Meeting Minutes
12.B - APPROVAL OF SECOND AMENDMENT TO AGREEMENT WITH HENDERSON
POWER SERVICES LLC FOR CITYWIDE GENERATOR MAINTENANCE AND REPAIR SERVICES (Public Works Director)
The City has 13 generators located throughout the City for emergency operations that are inspected monthly and repaired as needed. Staff does not have the capacity, or sometimes the expertise, to perform this work in-house and the continued use of an outside contractor is needed. 4 Recommendation:
Adopt a resolution (Attachment 1) approving a Second Amendment to Agreement (Amendment) with Henderson Power Services LLC (Vendor) (Attachment 2) for Citywide Generator Maintenance and Repair Services at a not-to-exceed cost of $402,251 and authorizing the City Manager to sign the Amendment on behalf of the City.
Staff Report - Amendment to Agreement with Henderson Power
1. Resolution - Second Amendment to Agreement with Henderson Power
2. Second Amendment to Agreement – Henderson Power Services LLC
3. Original Agreement – Henderson Power Services LLC
4. First Amendment to Agreement – Henderson Power Services LLC
12.C - REJECTION OF ALL BIDS FOR HIGHWAY SAFETY IMPROVEMENT PROJECT CYCLE 9 – CITYWIDE GUARDRAILS UPGRADE PROJECT (Public Works Director) The City recently received bids for the Highway Safety Improvement Project (HSIP) Cycle 9 Citywide Guardrails Upgrade Project (Project), City Project No. 19-02; Federal Project No.
HSIPL-5003(032). The Project consists of replacing street barricades and various sections of guardrail throughout the City including minor shoulder rehabilitation and replacement of minor concrete. The Project has a financial shortfall and staff recommend rejecting all bids and rebidding the project in the Fall 2023.
Recommendation:
Adopt a resolution (Attachment 1) rejecting all bids for the Highway Safety Improvement Project (HSIP) Cycle 9 Citywide Guardrails Upgrade Project, City Project No. 19-02; Federal Project No.
HSIPL-5003(032) due to insufficient funding and rebidding the project in the Fall 2023, resulting in a delay of project completion by up to one year.
Staff Report - Rejection of Construction Contract for HSIP Guardrail Project
1. Resolution - Rejection - Construction Contract for HSIP Guardrail Project
12.D - APPROVAL OF BUDGET AMENDMENT FOR HSIPL-5003(033) PEDESTRIAN
IMPROVEMENT CROSSING PROJECT LOCATED AT MILITARY WEST AND WEST 5TH STREET, AND AT HASTINGS DRIVE AND LONDON DRIVE (Public Works Director)
The Pedestrian Crossing Improvement Project (Project) located at Military West and West 5th Streets, and at Hastings Drive and London Drive is currently in construction and W. Bradley Electric, LLC (Contractor) has encountered an issue. A retaining wall is needed at one of the intersections to support the hillside where the sidewalk and an Americans with Disabilities Act (ADA) compliant curb ramp is 5 being built. The Contractor has submitted a preliminary estimate for the additional work and the City intends to negotiate the best cost in the City’s interest. A budget amendment is needed to cover the cost of the potential change order for the Project to allow construction to continue.
Recommendation:
Move to adopt a resolution (Attachment 1) approving a budget amendment increasing appropriations in the amount of $70,000 in the Project budget (org/obj. 5260000-7403) for Potential Change Order Number 1 for the Pedestrian Crossing Improvement Project and authorizing the Finance Director to execute the budget amendment and authorizing the City Manager to execute the Contract Change Order.
Staff Report - Approval of Budget Amendment for HSIP Pedestrian Crossing Project
1. Resolution – Budget Amendment - HSIP Pedestrian Crossing Improvement Project
12.E - RESPONSE TO 2022-2023 GRAND JURY REPORT “SOLANO COUNTY WASTEWATER TREATMENT PLANTS” (Public Works Director)
The 2022-2023 Solano County Civil Grand Jury (Grand Jury) toured the Wastewater Treatment Plant with City staff and subsequently issued a report of their findings and associated recommendations (Attachments 1 & 2), to which the City needs to respond in writing under State Law by September 18, 2023. The City Council must first approve the response.
Recommendation:
Move to approve, by minute action, the City of Benicia’s response (Attachment 3) to the 2022-2023 Solano County Civil Grand Jury Report entitled “Solano County Wastewater Treatment Plants.” Staff Report - Response to 2022-2023 Grand Jury Wastewater Treatment Plant Report
1. Cover Letter Conveying the Grand Jury Report to the City of Benicia
2. Report on Wastewater Treatment Plants - 2022-2023 Solano County Civil Grand Jury
3. Proposed Response Letter to the Solano County Civil Grand Jury
12.F - RESPONSE TO 2022-2023 GRAND JURY REPORT “SOLANO COUNTY EMERGENCY DISPATCH REPORT” (City Manager)
The 2022-2023 Solano County Civil Grand Jury (Grand Jury) toured and interviewed various public safety entities and their employees, to include sworn officers, firefighters, and other staff. The Grand Jury determined that there is a major disparity within the departments relating to dispatch and emergency response times and that a consolidation of all dispatch centers to one facility would adequately serve the residents. The Grand Jury issued a report of their findings and associated recommendations (Attachments 1 & 2), to which the City needs to respond in writing under State Law by August 21, 2023. The City Council must first approve the response. 6 Recommendation:
Move to approve, by minute action, the City of Benicia’s response (Attachment 3) to the 2022-2023 Solano County Civil Grand Jury Report entitled “Solano County Emergency Dispatch Report.” Staff Report - Response to 2022-2023 Grand Jury Report
1. Cover Letter Conveying the Grand Jury Report to the City of Benicia
2. Report on Emergency Dispatch by the 2022-2023 Solano County Civil Grand Jury
3. Proposed Response Letter from the City
12.G - CALIFORNIA HEALTH AND SAFETY CODE 13146.4 FIRE INSPECTION COMPLIANCE REPORT (Fire Chief)
State law requires California fire departments to enforce the fire code as adopted. Additionally, fire departments are required to perform annual inspections of every building used as a public or private school, as well as all apartments, hotels, motels, lodging houses, and jails for compliance with adopted fire codes. On September 27, 2018, Governor Brown approved Senate Bill (SB) 1205, which added Section 13146.4 to the California Health and Safety Code. Section 13146.4 requires every fire department to report annually to its administering authority, as defined, on the department’s compliance with the above-described inspection requirements. The section requires the administering authority to acknowledge receipt of the report in a resolution or a similar formal document. This report serves as the annual report for 2022 compliance and provides additional details of the Benicia Fire Department’s Fire and Life Safety Inspection Program.
Recommendation:
Move to adopt a resolution (Attachment 1) acknowledging receipt of the 2022 state mandated Fire Inspection report.
Staff Report - California Health and Safety Code 13146.4 Fire Inspection Compliance Report
1. Resolution – 2022 Fire Inspection Compliance Report
12.H - AWARD OF CUSTODIAL SERVICES AGREEMENT TO UNITED GLOBAL LOGISTIC HOLDING CORPORATION (Parks and Community Services Director) The City currently employs only 2 full-time custodial staff to maintain City owned facilities. It is necessary to augment the current staff with a contracted custodial services company to address the daily custodial needs of City facilities. Staff is recommending that a two-year agreement, with the option to renew for two additional one-year terms, be awarded to United Global Logistic Holding Corporation for custodial services.
Recommendation:
Move to adopt a resolution (Attachment 1) awarding an agreement for custodial services (Attachment 2) to United Global Logistic Holding Corporation for fiscal year 2023-2024 through fiscal year 7 2024-2025, authorizing the City Manager to execute the agreement on behalf of the City, authorizing the Finance Director to transfer funds, and authorizing the Director of Parks and Community Services to approve two optional one-year extensions, if warranted.
Staff Report - Custodial Services - United Global Logistic Holding Corp
1. Resolution – Approval of Agreement with United Global Logistic Holding Corporation
2. Custodial Services Agreement – United Global Logistic Holding Corporation
12.I - DESIGNATION OF APPLICANT’S AGENT RESOLUTION FOR NON-STATE AGENCIES (Finance Director)
For the City to apply for federal financial assistance, the City is required to designate agents to act on the City’s behalf through filing a Designation of Applicant’s Agent Resolution for Non-State Agencies form OES-FPD-130 with the State Office of Emergency Services.
Recommendation:
Move to adopt a resolution (Attachment 1) designating the agents authorized to execute actions with the Federal Emergency Management Agency and the Governor’s Office of Emergency Services for the purpose of obtaining state and federal disaster financial assistance on the City’s behalf through filing a Designation of Applicant’s Agent Resolution for Non-State Agencies form OES-FPD-130 (Exhibit A) with the State Office of Emergency Services.
Staff Report - Designation of Applicant's Agents
1. Resolution - Designation of Applicant’s Agent for Non-State Agencies
12.J - RESOLUTION CONTINUING THE DECLARATION OF A LOCAL EMERGENCY FOR RAW WATER TRANSMISSION LINE INCIDENT (City Manager) The 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 – Continuing the Declaration of Local Emergency 8 12.K - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
13. Business Items
13.A - APPROVAL OF AGREEMENT WITH MARIO GIULIANI AS CITY MANAGER (City Attorney)
At its August 3, 2023 special Council closed session meeting, the City Council appointed Mario Giuliani as the City Manager contingent on an agreement being executed. This staff report includes the City Manager’s Agreement to be adopted by the Council at a regular meeting in accordance with state law.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the proposed City Manager Agreement (Attachment 2) with Mario Giuliani and authorizing the Mayor to execute the agreement on behalf of the City Council.
Staff Report - Agreement - City Manager - Mario Giuliani
1. Resolution - Agreement - City Manager - Mario Giuliani
2. Agreement – City Manager – Mario Giuliani
13.B - INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING TITLE 13 (PUBLIC SERVICES) OF THE BENICIA MUNICIPAL CODE TO ALLOW FOR SB-998 (Finance Director)
The proposed ordinance updates the Benicia Municipal Code (BMC) to be in accordance with the Water Shutoff Protection Act (Act) of the State of California also known as Senate Bill (SB) 998. The proposed ordinance also repeals the requirement for a deposit for water service applicants who rent or lease.
Recommendation:
Move to introduce the first reading, read by title only, an ordinance amending Title 13 (Public Services) of the Benicia Municipal Code (Attachment 1) to update the water service section to be in accordance with the SB 998 and repeal section 13.08.050 - Deposit.
Staff Report - BMC Water Service
1. Draft Ordinance - Amending Title 13 - BMC – Public Service
2. Redline Changes - BMC Water Service
9 13.C - AUTHORIZING THE ACCEPTANCE OF A LIBRARY SERVICES AND
TECHNOLOGY GRANT, USE OF CAPITAL FUNDS, AND BUDGET AMENDMENT (Library & Cultural Services Director)
The Benicia Public Library (Library) has received a Library Services and Technology Act Grant (Grant) for $75,000 from the California State Library to fund the Library Basement Project (Project). The Project will consist of teen programming and the conversion of 1400sqft. of unfinished library basement into a multi-use programming space, primarily for teens during out-of-school hours.
Recommendation:
Move to adopt a resolution (Attachment 1) authorizing the acceptance of the Library Services and Technology Grant and approving a budget amendment to make the grant funds and Capital Funds designated for the Library Basement Project available for use in FY 23/24.
Staff Report - Library Services and Technology Grant
1. Resolution – Library Services and Technology Grant
2. Grant Award Letter
3. Letters of Support from Local Schools
4. Basement Design Mock-up by Staff
13.D - RESOLUTION OPPOSING SENATE BILL 532 INCREASING TOLL ON THE SEVEN STATE-OWNED BAY AREA BRIDGES (City Manager)
The Bay Area Council opposes Senate Bill (SB) 532 which would raise tolls on our region’s seven state-owned Bay Area bridges to add funding for transit operations. The Bay Area Council is calling on cities to oppose the measure because Bay Area residents’ ability to pay for improvements is not limitless, and a more cost-effective, efficient, seamless, and in some cases safer transit system is needed before the implementation of new taxes, tolls or fees to support transit.
Recommendation:
Adopt a resolution (Attachment 1) opposing the toll increase on the seven state-owned Bay Area bridges (SB 532).
Staff Report - Opposing SB 532 - Bay Area Bridge Toll Increase
1. Resolution - Opposing SB 532 - Bay Area Bridge Toll Increase
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.) 10 14.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
15. Adjournment (9:00 P.M.)
11 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 12 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