1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
DECEMBER 5, 2023
6:00 P.M.
City Council Chambers, City Hall, 250 East L Street, complete proceedings of which are recorded. These are action minutes; a full video is available online at www.ci.benicia.ca.us/agendas.
ACCESSING THE MEETING
1) CALL SPECIAL MEETING TO ORDER (5:00 P.M.)
Mayor Young called the Special Meeting to order at 5:00 p.m. 2) CONVENE OPEN SESSION
3) ROLL CALL
All Council Members were present.
4) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
5) PUBLIC COMMENT FOR CLOSED SESSION
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)
Mayor Young adjourned the meeting to Closed Session at 5:01 p.m. 7) RECONVENE OPEN SESSION
Mayor Young reconvened the Open Session at 6:00 p.m.
8) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
Ben Stock, City Attorney, reported that Council met in Closed Session on one item and took no reportable actions.
9) ADJOURNMENT OF SPECIAL MEETING AND CALL REGULAR MEETING TO ORDER (6:00 P.M.)
2 Mayor Young adjourned the Special Meeting and called the Regular Meeting to order at 6:01 p.m.
10) ROLL CALL
All Council Members were present.
11) PLEDGE OF ALLEGIANCE
12) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
13) ANNOUNCEMENTS
13.A - MAYOR'S OFFICE HOURS
13.B - OPENINGS ON BOARDS AND COMMISSIONS
Current and Upcoming Openings - Boards and Commissions
14) ADOPTION OF THE AGENDA
Mario Giuliani, City Manager, stated that items 19.A, 19.B, and 19.C were pulled and moved to 12/18/23 when Republic Services Staff could be present at the meeting. He also stated that Consent Item 18.F would be pulled so that Staff could provide commentary and note a correction.
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the Adoption of the Agenda, as amended, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
15) OPPORTUNITY FOR PUBLIC COMMENTS
16) WRITTEN COMMENT
17) PUBLIC COMMENT
Citizen - the citizen announced upcoming Hanukah celebrations in the City.
Annie Snyder - Ms. Snyder discussed concern regarding the open space at Hastings and Southampton Road for housing units.
Janet Leventhal - Ms. Leventhal discussed the issue of antisemitism and requested Council draft a proclamation or resolution.
Mario Giuliani - Mr. Giuliani bid farewell to Kyle Ochenduszko, Public Works Director, who is leaving his position at the City of Benicia.
3 18) 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
Council pulled items 18.D, 18.E, and 18.F for discussion.
18.B - ADOPTION OF THE 2024 CITY COUNCIL REGULAR MEETING CALENDAR (City Manager)
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)
Staff Report - Adoption of the Annual and Five-Year AB 1600 Report - FY23 Report
1. Resolution - Adoption of AB 1600 Report
RESOLUTION NO. 23- 146 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA ACCEPTING AND ADOPTING THE DEVELOPMENT
FEE IMPACT REPORT PURSUANT TO GOVERNMENT CODE SECTIONS
66001, 66006, AND 66013
18.D - AWARD OF CONSTRUCTION CONTRACT FOR THE VALERO
FLOW METER REPLACEMENT PROJECT (Public Works Director)
RESOLUTION NO. 23- 150 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA ACCEPTING THE BIDS FOR THE VALERO FLOW
METER REPLACEMENT PROJECT, AWARDING THE CONSTRUCTION
CONTRACT TO PAULSON COX CONSTRUCTION, INC. OF CONCORD, CA
AND AUTHORIZING THE CITY MANAGER TO SIGN THE CONTRACT ON
BEHALF OF THE CITY
Council and Staff discussed the cost of the flowmeter and why Valero is not being charged for the flowmeter when residents are charged for theirs. Valero will be paying for the project at the conclusion of the project. the cost will be amortized over a two-year period.
Council agreed to amend the resolution by including the following sentence in the final 'be it further resolved' "costs will be recovered from Valero Refinery pursuant to the existing agreement to provide untreated water to the Valero Refinery."
4 Public comment:
None
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
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of Resolution 23-150, as amended, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
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)
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
3. Task Order No. 4 with Stantec
4. Master Professional Engineering Agreement with Stantec
5. Amendment to Agreement with Stantec
RESOLUTION NO. 23- 148 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING THE FIRST AMENDMENT TO TASK ORDER NO. 4 WITH STANTEC FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE RESERVOIR R2 RECOATING PROJECT
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AMENDMENT ON BEHALF OF THE CITY
Council Member Macenski noted he would be abstaining from the discussion on this item.
Public Comment:
1. Lori Grundman - Ms. Grundman asked for clarification on the issue of recusing and abstaining from a discussion/vote.
On motion of Council Member Campbell, seconded by Mayor Young, Council approved the adoption of Resolution 23-148, on a roll call by the following vote:
5 Ayes: Council Member Birdseye, Council Member Campbell, Vice Mayor Scott, Mayor Young
Noes: (None)
18.F - AWARD OF CONSTRUCTION CONTRACT FOR WASTEWATER
TREATMENT PLANT PRIMARY TREATMENT REHABILITATION
PROJECT (Public Works Director)
RESOLUTION NO. 23- 23-149 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA ACCEPTING THE BIDS FOR THE WASTEWATER
TREATMENT PLANT PRIMARY TREATMENT REHABILITATION
PROJECT, AWARDING THE CONSTRUCTION CONTRACT TO GSE
CONSTRUCTION COMPANY, INC. AUTHORIZING THE CITY MANAGER
TO SIGN THE CONTRACT ON BEHALF OF THE CITY
Roxanna Moradi, Budget Manager, clarified there was a typo in the budget amendment.
The approval to move funds of $234,132 should actually be $114,142.
Public Comment:
None
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.
On motion of Mayor Young, seconded by Council Member Birdseye, Council approved the adoption of Resolution 23-149, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
18.G - JOINT EXERCISE OF POWERS AGREEMENT FOR
MANAGEMENT OF EMERGENCY AMBULANCE SERVICES (Fire
Chief)
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
RESOLUTION NO. 23- 147 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING THE JOINT EXERCISE OF POWERS
AGREEMENT FOR THE PROVISION AND MANAGEMENT OF EMERGENCY
6 AMBULANCE SERVICES AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF BENICIA
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)
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 ORDINANCE NO. 23- 7 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING SECTION 3.22.050 (IMPOSITION OF TRANSACTION TAX, TRANSACTION TAX RATE) OF CHAPTER 3.22
(TRANSACTION AND USE TAX) OF THE BENICIA MUNICIPAL CODE TO INCREASE THE TRANSACTION AND USE (“SALES TAX”) BY ¾ OF ONE CENT
ORDINANCE NO. 23- 8 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING SECTION 3.24.030 (TRANSIENT
OCCUPANCY TAX IMPOSITION) OF CHAPTER 3.24 (TRANSIENT
OCCUPANCY TAX) OF THE BENICIA MUNICIPAL CODE TO INCREASE THE TRANSIENT OCCUPANCY TAX RATE TO 13 PERCENT
18.I - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of the Consent Calendar, as amended, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
19) BUSINESS ITEMS
19.A - APPROVAL OF TASK ORDER NO. 1 WITH COASTLAND| DCCM
FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR
7 THE MILITARY WEST PEDESTRIAN BRIDGE REPLACEMENT
PROJECT (Public Works Director)
Staff Report-Approval of Task Order Coastland Ped Bridge Design This item was continued to a future meeting.
Public Comment:
None
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)
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
This item was continued to a future meeting.
Public Comment:
None
19.C - APPROVAL OF AGREEMENT WITH REPUBLIC SERVICES FOR
REIMBURSEMENT OF EXPENSES FOR MILITARY WEST
PEDESTRIAN BRIDGE REPLACEMENT PROJECT AND BUDGET
AMENDMENT (City Manager)
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
This item was continued to a future meeting.
Public Comment:
None
8 19.D - FY 2023/24 FIRST QUARTER BUDGET REVIEW (Finance Director) Staff Report - FY 2023-24 Q1 Budget Review
Jeff Tschudi, Finance Director, introduced the item.
Roxanna Moradi, Budget Manager, reviewed the staff report and a PowerPoint presentation.
Council and Staff discussed the issue of sales tax reporting, utility users tax, forecasted savings from reorganization of departments, accurate and transparent data, departmental budget reductions, and how long the City could survive with the current reserves.
Public Comment:
None
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved by motion, the FY 2023/24 First Quarter Budget Review, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
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)
Staff Report - CalPERS 180-Day Exception
1. Resolution - CalPERS 180-Day Exception
RESOLUTION NO. 23- 151 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING CERTIFICATION OF APPOINTMENT FOR CALPERS RETIRED ANNUITANT FOR EXCEPTION OF 180-DAY WAIT PERIOD UNDER GOVERNMENT CODE SECTIONS 7522.56 & 21224
Kim Imboden, Human Resources Manager, reviewed the staff report.
Public Comment:
None
On motion of Council Member Birdseye, seconded by Council Member Campbell, Council approved the adoption of Resolution 23-151, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
9 Noes: (None)
20) ADJOURNMENT OF REGULAR MEETING (9:00 P.M.)
Mayor Young adjourned the meeting at 715 p.m.
City Clerk