1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
December 5, 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)
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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 (5:00 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 LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (one potential case)
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. Adoption Of The Agenda
15. 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.
16. Written Comment
17. Public Comment
4 18. 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.
18.A - MINUTES FROM THE NOVEMBER 7, 2023 AND NOVEMBER 14, 2023 SPECIAL AND REGULAR MEETINGS (City Clerk)
November 7, 2023 City Council Meeting Minutes
November 14, 2023 Special City Council Meeting Minutes
18.B - ADOPTION OF THE 2024 CITY COUNCIL REGULAR MEETING CALENDAR (City Manager)
The Open Government Ordinance (Section 4.08.040 of Ordinance No. 05-6) states that each body established by ordinance shall establish and publish an annual schedule of regular meetings. The attached calendar lists the City Council’s proposed regular meeting dates for 2024.
Recommendation:
Move to adopt, by motion, the 2024 City Council Regular Meeting Calendar (Attachment 1).
Staff Report - City Council Regular Meeting Calendar - 2024
1. City Council Regular Meeting Calendar - 2024
18.C - ADOPTION OF THE ANNUAL AND FIVE-YEAR ASSEMBLY BILL 1600 REPORT (Finance Director)
In California, State legislation sets certain legal and procedural parameters for the charging of development impact fees. This legislation was passed as Assembly Bill (AB) 1600 by the California Legislature and is now codified as California Government Code Sections 66000 through 66023 (Mitigation Fee Act). The Mitigation Fee Act requires any local agency that imposes development impact fees to prepare the City of Benicia Annual and Five-Year Impact Fee Report (AB 1600 Report) that provide specific information about those fees. The AB 1600 Report serves both of those functions, and has been prepared for the City of Benicia, for the fiscal year ended June 30, 2023, in accordance with the provisions of the California Government Code Section 66006 (b) and 66001 (d).
Recommendation:
Move to adopt a resolution (Attachment 1) adopting the AB 1600 Report (Exhibit A).
Staff Report - Adoption of the Annual and Five-Year AB 1600 Report - FY23 Report
1. Resolution - Adoption of AB 1600 Report
5 18.D - AWARD OF CONSTRUCTION CONTRACT FOR THE VALERO FLOW METER REPLACEMENT PROJECT (Public Works Director)
The Valero Flow Meter Replacement Project (Project) consists of replacing the meter that measures the untreated water delivered from the City to the Benicia Valero Refinery. The meter has reached the end of its useful life and needs replacement.
Recommendation:
Adopt a resolution (Attachment 1) accepting the bids for the Valero Flow Meter Replacement Project, awarding the construction contract (Attachment 2) to Paulson Cox Construction, Inc. in the amount of $497,082, as well as a 15% construction contingency in the amount of $74,562, for a total not-to-exceed amount of $575,000 (rounded to the nearest $5,000), and authorizing the City Manager to sign the contract on behalf of the City.
Staff Report - Award Construction Contract Valero Meter Project
1. Resolution – Valero Flow Meter Replacement Project
2. Construction Contract – Paulson Cox Construction Inc.
3. Bid Summary – Valero Flow Meter Replacement Project
18.E - APPROVAL OF FIRST AMENDMENT TO TASK ORDER NO. 4 WITH STANTEC
FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE RESERVOIR R2 RECOATING PROJECT (Public Works Director)
The City has a Master Professional Engineering Agreement (Agreement) with Stantec Consulting Services, Inc. for on-call engineering services (design, construction management and inspection, and project management) for water and wastewater projects. The Agreement states that Task Orders providing for more than $200,000 compensation for one project shall be presented to the City Council for consideration. A first amendment to Task Order No. 4 is needed, which will exceed the $200,000 threshold, for additional construction management and inspection services due to the longer construction period duration.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the first amendment (Attachment 2) to Task Order No. 4 (Attachment 3) to the Master Professional Engineering Agreement (Attachment 4) with Stantec Consulting Services, Inc. for additional construction management and inspection services for the Reservoir R2 Recoating Project in the amount of $127,867 (Acct. No. 7608021-7435) and authorizing the City Manager to execute the Amendment on behalf of the City.
Staff Report - Approval of First Amendment to TO4 Stantec R2 Recoating Project
1. Resolution – First Amendment to Task Order No. 4 with Stantec
2. First Amendment to Task Order No. 4 with Stantec
6 3. Task Order No. 4 with Stantec
4. Master Professional Engineering Agreement with Stantec
5. Amendment to Agreement with Stantec
18.F - AWARD OF CONSTRUCTION CONTRACT FOR WASTEWATER TREATMENT PLANT PRIMARY TREATMENT REHABILITATION PROJECT (Public Works Director) The Wastewater Treatment Plant (WWTP) Primary Treatment Rehabilitation Project #19-13 (Project) consists of repairs to the headworks and primary clarifier structures at the WWTP. The structures have undergone assessment of the condition of their existing coating, concrete, and metallic structures and are in need of repairs, improvements and recoating.
Recommendations:
Adopt a resolution (Attachment 1) accepting the bids for the Wastewater Treatment Plant Primary Treatment Rehabilitation Project #19-13, awarding the construction contract (Attachment 2) to GSE Construction Company, Inc. in the amount of $2,929,250, as well as a 15% construction contingency in the amount of $439,750, for a total not-to-exceed amount of $3,369,000 (rounded to the nearest $5,000)authorizing the City Manager to sign the contract on behalf of the City, and approving a budget amendment to move funds of $234,132 from the wastewater operations fund to the wastewater capital fund.
Staff Report - Award Construction Contract WWTP Primary Treatment Recoating Project
1. Resolution – WWTP Primary Treatment Recoating Project
2. Construction Contract – GSE Construction Company, Inc.
3. Bid Summary – GSE Construction Company, Inc.
18.G - JOINT EXERCISE OF POWERS AGREEMENT FOR MANAGEMENT OF EMERGENCY AMBULANCE SERVICES (Fire Chief)
In March 2022, the Cities of Benicia, Vallejo, Rio Vista, Dixon, Suisun City and Fairfield hired AP Triton, LLC to conduct a comprehensive ambulance transportation study in Solano County. AP Triton recommended exploring an ambulance subcontracting model, which would maintain a high level of service, improve sustainability for the ambulance provider and the areas served, generate potential additional funding for the cities to invest in the Emergency Medical Services (EMS) delivery system, and likely positively impact each City's budget. Assembly Bill (AB) 389 allows the County Board of Supervisors to directly award an ambulance contract to a fire agency, provided the agency subcontracts with a private ambulance provider. Solano County is open to considering a direct award using AB 389 contingent upon the creation of the proposed Joint Exercise of Powers Agreement (JEPA) among the cities and fire districts.
7 Recommendation:
Move to adopt a resolution (Attachment 1) approving the Joint Exercise of Powers Agreement for the Provision and Management of Emergency Ambulance Services (Attachment 2) and authorizing the City Manager to execute the agreement on behalf of the City of Benicia.
Staff Report - Joint Exercise of Powers Agreement for Management of Emergency Ambulance Services
1. Resolution - Joint Exercise of Powers Agreement
2. Joint Exercise of Powers Agreement
18.H - SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 3.22 OF THE BENICIA MUNICIPAL CODE TO INCREASE THE TRANSACTION AND USE TAX (“SALES TAX”) BY 3/4THS OF ONE CENT AND
SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER
3.24 OF THE BENICIA MUNICIPAL CODE TO INCREASE THE TRANSIENT OCCUPANCY TAX (TOT) FROM 9% TO 13% TO BE PLACED ON THE MARCH 5, 2024 STATEWIDE PRIMARY ELECTION BALLOT (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 during this time of significant financial challenges, the City is placing an increase of three-fourths of one cent to our existing General Purpose, Transaction and Use Tax (Sales Tax) and an increase to the Transient Occupancy Tax (TOT) rate, also commonly referred to as a hotel tax, from 9% to 13% on the ballot at the March 5, 2024 Statewide Primary Election. If a majority of voters (50% plus 1) support the measures, they will go into effect on October 1, 2024.
Recommendation:
1. Approve the second reading and adoption of an ordinance of the City Council amending Chapter
3.22 (Attachment 1) (Transaction and Use Tax or “Sales Tax”) of the Benicia Municipal Code increasing local sales tax by three-fourths of one cent; and
2. Approve the second reading and adoption of an ordinance of the City Council amending Chapter
3.24 (Attachment 2) of the Benicia Municipal Code increasing a Transient Occupancy Tax (TOT) rate from 9% to 13%.
Staff Report - Sales Tax Transient Occupancy Tax Increase- Statewide Primary Election March 2024
1. Ordinance Amending Chapter 3.22 of the Benicia Municipal Code
2. Ordinance Amending Chapter 3.24 of the Benicia Municipal Code
18.I - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
8 19. Business Items
19.A - APPROVAL OF TASK ORDER NO. 1 WITH COASTLAND| DCCM FOR DESIGN
AND CONSTRUCTION SUPPORT SERVICES FOR THE MILITARY WEST PEDESTRIAN BRIDGE REPLACEMENT PROJECT (Public Works Director) On January 31, 2023, a refuse collection vehicle, operated by Republic Services, struck the pedestrian bridge across Military West near Mary Farmar Elementary School, severely damaging the structure.
Once inspections were concluded, it was determined that the structure was unsafe and was demolished by February 3, 2023. Since the pedestrian bridge impact, City staff has been working on near- and long-term actions to protect public health and safety including the procurement of a prefabricated bridge at the direction of City Council and associated public hearing items held at the March 28, 2023, and July 18, 2023, City Council meetings.
Recommendation:
Move to adopt a resolution (Attachment 1) approving Task Order No. 1 (Attachment 2) with Coastland|DCCM for design and construction support services of the Military West Pedestrian Bridge Replacement Project (Project), approving the budget amendment and authorizing the Finance Director to create a new capital project for the Pedestrian Bridge Project and make any necessary budget amendments, and authorizing the City Manager to execute the Task Order on behalf of the City.
Staff Report-Approval of Task Order Coastland Ped Bridge Design
1. Resolution –Task Order No. 1 - Military West Pedestrian Bridge Replacement Project
2. Task Order No. 1 - Military West Pedestrian Bridge Replacement Project
3. Master Professional Agreement - Coastland DCCM
19.B - APPROVAL OF AN AGREEMENT FOR PROCUREMENT OF PREFABRICATED
PEDESTRIAN BRIDGE, NOTICE OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT GUIDELINES, AND BUDGET AMENDMENT FOR THE MILITARY WEST PEDESTRIAN BRIDGE REPLACEMENT PROJECT (City Manager)
The Procurement of Prefabricated Steel Pedestrian Bridge for the Military West Pedestrian Bridge Replacement Project (Project) will consist of the procurement of a steel prefabricated pedestrian bridge for later installation at the site of the recently removed pedestrian bridge over Military West located at the end of West 9th Street directly adjacent to Mary Farmar Elementary School. Staff recommends approval of an agreement with BCS Fabrication of Loveland, CO to fabricate the bridge.
Recommendation:
Move to adopt a resolution (Attachment 1) approving an agreement (Attachment 2) for the procurement of a prefabricated steel pedestrian bridge with BCS Fabrication, approving a Notice of Exemption (NOE) under the California Environmental Quality Act (CEQA), authorizing City staff to file 9 the NOE at the Solano County Assessor/Recorder’s Office, and authorizing the City Manager to execute the agreement and any change orders on behalf of the City.
Staff Report - Approval of Agreement for Procurement of Prefabricated Ped Bridge
1. Resolution - BCS Fabrication - CEQA NOE - Military West Pedestrian Bridge Project
2. Agreement - Procurement Agreement - BCS Fabrication
19.C - APPROVAL OF AGREEMENT WITH REPUBLIC SERVICES FOR
REIMBURSEMENT OF EXPENSES FOR MILITARY WEST PEDESTRIAN BRIDGE REPLACEMENT PROJECT AND BUDGET AMENDMENT (City Manager) On January 31, 2023, a refuse collection vehicle, operated by Republic Services, struck the pedestrian bridge across Military West near Mary Farmar Elementary School, severely damaging the structure.
Once inspections were concluded, it was determined that the structure was unsafe and was demolished by February 3, 2023. Since the pedestrian bridge impact, City staff has been working on near- and long-term actions to protect public health and safety including the procurement of a prefabricated bridge at the direction of City Council and associated public hearing items held at the March 28, 2023, and July 18, 2023, City Council meetings.
Recommendation:
Move to adopt a resolution (Attachment 1) approving an agreement (Attachment 2) with Republic Services for reimbursement of associated costs to replace the Military West Pedestrian Bridge, approving the budget amendment and authorizing the Finance Director to create a new capital project for the Pedestrian Bridge Project and make the necessary budget amendment, and authorizing the City Manager to execute the agreement on behalf of the City.
Staff Report - Approval of Agreement with Republic Services Reimbursement of Ped Bridge Expenses
1. Resolution – Approval of Agreement with Republic Services
2. Draft Reimbursement Agreement – Republic Services
19.D - FY 2023/24 FIRST QUARTER BUDGET REVIEW (Finance Director) A review of the City’s current-year budget status is part of the City’s on-going fiscal monitoring process. The Finance Department has begun reviewing the City’s budget status on a quarterly basis.
This fiscal year 2023/24 first quarter (Q1) report focuses on the General Fund only. Using actual revenue and expenditures from the first three months of the fiscal year, the Finance Department works with operating department staff to forecast revenue and expenses through the end of the fiscal year. This review provides a process for the City to identify and proactively address current-year budget concerns. No budget amendments are recommended in this report.
Recommendation:
10 Move to accept the FY 2023/24 Q1 Budget Review.
Staff Report - FY 2023-24 Q1 Budget Review
19.E - CERTIFICATION OF APPOINTMENT FOR CALPERS RETIRED ANNUITANT FOR EXCEPTION OF 180-DAY RULE UNDER GOVERNMENT CODE SECTIONS 7522.56 AND 21224 (Human Resources Manager)
Laura Williams, Community Services Officer (CSO) II has been the property and evidence CSO for over 24 years and has recently announced her plan to retire on December 30, 2023. The Police Department conducted a recruitment for her replacement and has identified a suitable replacement. The recruitment process includes multiple, legally required, background processes before being able to start work with the City. The position of Property and Evidence CSO is vital to the department as the law dictates how property is collected, processed, stored, and disposed of, and Williams is the only employee who is trained in this area. With Williams’ December retirement date, this leaves little time to assist with the orientation and training of the new Property and Evidence CSO. Williams’ history and knowledge of the City’s property and evidence functions are critical during that transition. Williams has agreed to serve in a part-time/temporary extra help role during this transition. The proposed resolution will allow Williams to work temporarily as a retired annuitant in conformance with state law.
Recommendation:
Adopt a resolution certifying the nature of the employment and appointment of Laura Williams as a retired annuitant serving as part-time/temporary extra help Community Services Officer II effective December 31, 2023.
Staff Report - CalPERS 180-Day Exception
1. Resolution - CalPERS 180-Day Exception
20. Adjournment Of Regular Meeting (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