1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
October 17, 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 - CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 472 East N. Street, Benicia, CA
Agency negotiator: City Manager and Assistant City Attorney Negotiating parties: SafeQuest Solano, Inc.
Under negotiation: Price and Terms
6.B - 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, 3 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
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
During the month of October, Mayor Young will be out of office. In his absence, Vice Mayor Scott is maintaining open office hours on the first and third Mondays of the month 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.
In November, Mayor Young will resume 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 - DOMESTIC VIOLENCE AWARENESS MONTH - OCTOBER 2023 (City Manager's Office)
Proclamation - Domestic Violence Awareness Month - October 2023 4 14.B - PROCLAMATION - ARBOR DAY 2023 (Parks and Community Services) Proclamation - Arbor Day 2023
15. Appointments
16. Presentations
16.A - COST OF SALES TAX TO RESIDENTS (Dr. Robert Eyler, PhD of Economics)
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 OCTOBER 3, 2023 SPECIAL AND REGULAR MEETING (City Clerk)
October 3, 2023 City Council Meeting Minutes
5 21.B - REJECTION OF ALL BIDS FOR THE WASTEWATER TREATMENT PLANT PRIMARY TREATMENT REHABILITATION PROJECT (Public Works Director) The City recently received bids for the Wastewater Treatment Plant Primary Treatment Rehabilitation Project, City Project No. 19-13 (Project). The Project consists of concrete surface repair and recoating for various components of the Primary Treatment Area, removal and replacement of slide gates and stop plates, temporary bypass pumping, removal and replacement of grating L-brackets, various demolition of obsolete equipment, and replacement of primary clarifier effluent launder beams.
The Project has a financial shortfall and staff recommend rejecting all bids and rebidding the project in October 2023.
Recommendation:
Adopt a resolution (Attachment 1) rejecting all bids for the Wastewater Treatment Plant Primary Treatment Rehabilitation Project, City Project No. 19-13 due to insufficient funding and rebidding the project in October 2023, remaining on schedule to construct in 2024.
Staff Report - Rejection of Construction Contract for WWTP Primary Project
1. Resolution - Rejection - Construction Contract for WWTP Primary Treatment Rehabilitation Project
21.C - AUTHORIZE A CHANGE ORDER FOR THE PIERCE FIRE ENGINE PURCHASE (Fire Chief)
On May 25, 2021, the City Council authorized the allocation of $740,000 of the projected $12.3 million in Measure C funds generated from Fiscal Years 2021-2023 to invest in the purchase of a Type-1 Fire Engine. On December 21, 2021, the City Council authorized the purchase of one Pierce Type-1 Fire Engine (Engine). The purchase authorization included no contingency. Since the Engine has been in production, necessary outfitting specifications have altered slightly resulting in change orders for additional charges of $15,769.
Recommendation:
Move to adopt a resolution (Attachment 1) authorizing the Fire Chief to execute a change order to the purchase agreement for a Pierce Type-1 Fire Engine (Attachment 2) with Golden State Fire Apparatus for additional charges of $15,769 and authorize a budget amendment to increase budget appropriation by the same amount in the Vehicle Replacement Fund.
Staff Report - Authorize the Purchase of One Pierce Fire Engine
1. Resolution - Purchase Agreement Change Order
2. Purchase Agreement with Golden State Fire Apparatus
21.D - RESOLUTION CONTINUING THE DECLARATION OF A LOCAL EMERGENCY FOR RAW WATER TRANSMISSION LINE INCIDENT (City Manager) 6 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 - Continuation of Declaration of 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 - INTRODUCTION OF CITY OF BENICIA GENERAL PURPOSE, TRANSACTION AND USE TAX AND TRANSIENT OCCUPANCY TAX RATE INCREASE (City Manager) As part of the City’s effort to meet the service needs of our community, maintain the status as a full-service city, and address millions of dollars in unfunded capital infrastructure needs, the City is considering an increase of one-half or three-fourths of one cent to our existing General Purpose, Transaction and Use Tax (Sales Tax). In addition, the City is considering an increase to the Transient Occupancy Tax (TOT), also commonly referred to as a hotel tax, from 9% to 13%.
Recommendation:
Receive information on the proposed General Purpose, Transaction and Use Tax measure and Transient Occupancy Tax rate increase and provide direction to staff on inclusion on the March 2024 election ballot.
Staff Report - Sales Tax and Transient Occupancy Tax
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
7 Committee Report - Solano County Water Agency
Committee Report - Solano Transportation Authority
24. Adjournment Of Regular Meeting (7:30 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