1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
December 19, 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 LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (One potential case)
6.B PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: (City Manager)
7. Reconvene Open Session
8. Announcement From Closed Session, If Any
3 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
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 - LOCAL APPOINTMENTS LIST - MADDY ACT
Maddy Act Notice - December 2023
14. Appointments
14.A - APPOINTMENT OF DIANE DOOLEY, M.D., TO THE SOLANO
TRANSPORTATION AUTHORITY PEDESTRIAN ADVISORY COMMITTEE
15. Adoption Of The Agenda
16. 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:
4 - 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.
17. Written Comment
18. Public Comment
19. 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.
19.A - TEMPORARY RELIEF OF THE SOUND AMPLIFICATION USE REGULATIONS FOR SUNDAY, DECEMBER 31, 2023 (Community Development Director) The Noise Ordinance (Chapter 8.20) regulates noise citywide, including the permitted hours and noise levels for sound amplification. The purpose of this agenda item is to grant temporary relief from the sound amplification regulations for New Year’s Eve (Sunday, December 31, 2023), allowing sound amplification for commercial uses to occur until 9:30 pm.
Recommendation:
Move to adopt a resolution (Attachment 1) granting temporary relief from the sound amplification use regulations of BMC section 8.20.080.
Staff Report - Temporary Relief - Sound Amplification Use Regulations
1. Resolution - Temporary Relief - Sound Amplification Use Regulations
19.B - DIRECTION TO STAFF TO ISSUE REQUEST FOR PROPOSAL FOR SECURITY CAMERA SYSTEM (Finance Director)
The City of Benicia operates security cameras within various City facilities and community locations, many of which are not functioning due to the age of the existing systems, lack of available replacement parts, and costly labor to repair. The proposed new security camera system will unify four independent camera systems currently in operation and create cost efficiencies for maintaining a functioning system.
Recommendation:
Staff recommends that Council, by motion, direct staff to issue a Request for Proposal (RFP) to procure a new security camera system. Approval with the consent calendar will serve as providing direction to issue the RFP.
5 Staff Report - RFP Camera System
1. Final Draft RFP – Security Camera System
19.C - FY 2023/24 FIRST QUARTER INVESTMENT REPORT (Finance Director) The Fiscal Year 2023/24 First Quarter Investment Report for the quarter that ended September 30, 2023, follows the City's Investment Policy and California Law. Additionally, the City has adequate investments to meet its expenditure needs for the next six months. This report has been reviewed by the City Treasurer.
Recommendation:
Move to accept, by minute action, the First Quarter Investment Report for the quarter that ended September 30, 2023 (Attachment 1).
Staff Report - FY 2023-24 First Quarter Investment Report
1. FY2023-24 First Quarter Investment Report
2. LAIF Statement Ending September 30
3. CAMP Statement Ending September 30
4. 115 Trust Statement Ending September 30
19.D - APPROVAL OF FIRST AMENDMENT TO THE AGREEMENT WITH MOSS
ADAMS, LLP FOR THE STRATEGIC PLAN AND DECISION-MAKING FRAMEWORK PROJECT (Deputy City Manager)
Consulting firm Moss Adams LLP (Consultant) was hired to lead the City’s Strategic Plan and Decision-Making Framework Project (Project). The first step of the process has been completed. The next steps of the process include the development of a decision-making framework, which will inform how the Resiliency Plan is comprised.
Recommendation:
Move to adopt a resolution (Attachment 1) approving a first amendment (Attachment 2) to the agreement with Moss Adams LLP (Attachment 3) and an increase to the contract amount by $35,000; authorizing the City Manager to execute the amendment to agreement on behalf of the City.
Staff Report - Amendment to Agreement with Moss Adams LLP
1. Resolution - First Amendment to the Agreement - Moss Adams LLP
2. First Amendment to the Agreement - Moss Adams LLP
6 3. Agreement - Moss Adams LLP
19.E - 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 - Continuation of Declaration of Local Emergency
19.F - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
20. Business Items
20.A - NATIONAL LEAGUE OF CITIES’ CONTRACT AMENDMENT AND UPDATE ON EQUITY, DIVERSITY, AND INCLUSION WORK (City Manager)
Since hiring a part-time Equity and Diversity (DEI) Manager in 2021, the City of Benicia has made significant progress on the equity, diversity, and inclusion work here in the City. In September 2022, the City of Benicia contracted with the National League of Cities (NLC) to provide a series of equity trainings for Elected Officials, City employees, and the Committee United for Racial Equity (CURE or Committee), an employee equity assessment, an equity indicators report, and other services. The terms of the contract required a 50% upfront payment at the time of the contract signing with the remaining 50% balance payable at the end of the contract. NLC proposed a contract amendment that will utilize the current funds on the upfront payment and forfeit the remaining funds on the original contract.
Recommendation:
Move to adopt a resolution (Attachment 1) approving an amendment (Attachment 2) to the contract with National League of Cities (Attachment 3) forfeiting the remaining funds of the contract and authorizing the City Manager to execute the amendment on behalf of the City.
Staff Report - NLC Contract Amendment and Equity Overview Updates
1. Resolution - NLC Contract Amendment
7 2. Amendment to NLC Contract
3. Original NLC Contract
20.B - DISCUSSION OF POTENTIAL AMENDMENTS TO THE HEIGHT STANDARD FOR THE TOWN CORE ZONE IN DOWNTOWN BENICIA (Community Development Director)
This agenda item provides an overview of potential approaches and is intended to solicit the City Council’s direction in determining the preferred approach for increasing the maximum allowable building height in the Town Core (TC) zone for hotel uses. The Town Core zone is located along both sides of First Street in downtown Benicia. If the Council so directs, a future amendment to the Downtown Mixed Use Master Plan (DMUMP) will be brought forward for consideration in 2024.
Recommendation:
Provide direction and confirm the Council’s direction to amend the TC development standards allowing a height of up to four stories (50 feet), and identify any parameters, such as use limitations, use permit requirements, or other special considerations, that should be considered as part of the amendment.
Staff Report - Town Core Height Standard
1. BMC Section 17.70.180 Exceptions to Height Limits
20.C - RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF FAIRFIELD AND CITY OF BENICIA FOR COST SHARING OF THE LOPES ROAD PIPELINE RECONSTRUCTION PROJECT (City Manager) The City of Benicia’s (City) Raw Water Transmission Line (RWTL) on Lopes Road in the City of Fairfield (Fairfield), that delivers all drinking water to the City, was damaged on March 29, 2023 by rainstorms and subsequent landslide. A temporary, above-ground bypass pipeline was engineered, and construction was completed on April 7, 2023. Permanent reconstruction is the next step to ensure the safety, functionality and well-being of the community. The City will collaborate with Fairfield on the Lopes Road Pipeline Reconstruction Project (Project) as both City’s experienced water pipeline damage in the same area and have a shared need for repair of the hillside slope and Lopes Road, and reconstruction of both City’s water pipelines. The Memorandum of Understanding (MOU) provides for sharing costs and resources.
Recommendation:
Move to adopt a resolution approving a Memorandum of Understanding between the City of Benicia and the City of Fairfield for cost sharing of the Lopes Road Pipeline Reconstruction Project (Attachment 1) and authorize the City Manager to sign the MOU on behalf of the City.
Staff Report - Approval of MOU with City of Fairfield for Cost Sharing of Lopes Road Pipeline Reconstruction Project
8 1. Resolution – Cost Sharing - Lopes Rd Pipeline Reconstruction Project
2. MOU – Cost Sharing of Lopes Road Pipeline Reconstruction Project
20.D - SECOND STEP OF TWO-STEP REQUEST TO DISCUSS OPTIONS FOR GRADUATING FROM THE CURRENT BENICIA – VALERO COOPERATION
AGREEMENT INTO ANOTHER FORM OF OVERSIGHT SUCH AS AN INDUSTRIAL SAFETY ORDINANCE (Fire Chief)
At the September 5, 2023, City Council meeting, Vice Mayor Scott and Councilmember Birdseye brought forward a two-step request to discuss options for graduating from the current Benicia – Valero Cooperation Agreement into another form of oversight such as an Industrial Safety Ordinance (ISO).
Council directed staff to agendize the item for discussion in December of 2023. Staff conducted preliminary research on this subject and are prepared to participate in a discussion on the next steps.
Recommendation:
1. Discuss the options for graduating from the current Benicia – Valero Cooperation Agreement (Attachment 1), which is set to expire on June 30, 2025, into an improved form of industrial oversight.
2. Direct staff to coordinate a comprehensive public engagement process, with stakeholder input, to determine Benicia’s current needs and options for improving industrial safety.
3. Once the public engagement and stakeholder input process is complete, direct staff to return to Council with a report on the outcomes and recommendations for the most appropriate form of oversight.
Staff Report - Second Step Request for Industrial Safety Oversight
1. Benicia - Valero Cooperation Agreement
2. Second Amendment of the Valero Good Neighbor Steering Committee Agreement
3. Major Refinery Incidents List
21. 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.)
21.A - COUNCIL MEMBER COMMITTEE REPORTS
Council Member Committee Reports
22. Adjournment Of Regular Meeting (9:00 P.M.)
9 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 10 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