1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
February 20, 2024
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 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, Benicia Supervisor and Professional Association, Middle Management Employees, Police Management Employees, Senior Management Employees, and Unrepresented Employees.
6.B - CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 472 East N. Street, Benicia, CA
Agency negotiator: City Manager and Assistant City Attorney Negotiating parties: SafeQuest Solano
3 Under negotiation: Price and terms of payment
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
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. Proclamations
14.A - PROCLAMATION - CHIEF MIKE GREENE'S RETIREMENT (City Manager's Office)
Proclamation - Chief Mike Greene's Retirement
14.B - PROCLAMATION - BLACK HISTORY MONTH FEBRUARY 2024 (City Manager's Office)
Proclamation - Black History Month February 2024
4 14.C - PROCLAMATION - BLACK CHILDREN'S BOOK WEEK (Library) Proclamation - Black Children's Book Week
15. Appointments
15.A - MAYOR'S APPOINTMENT OF DR. GETHSEMANE MOSS, ED.D TO THE
SOLANO COMMISSION FOR WOMEN AND GIRLS FOR A FULL TERM ENDING FEBRUARY 28, 2027
16. Presentations
16.A - SOLANO RESOURCE CONSERVATION DISTRICTS EDUCATION PROGRAMS AND SERVICES (Marianne Butler, Environmental Education Director, Solano Resource Conservation District)
16.B - ELECTRIC VEHICLE CHARGING OVERVIEW (Christopher Poulsen, Rivien)
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
5 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 FEBRUARY 6, 2024 REGULAR MEETING (City Clerk) February 6, 2024 City Council Meeting Minutes
21.B - APPROVAL OF PROPOSED SECOND AMENDMENT WITH CLEAR CHANNEL OUTDOOR, LLC FOR THE STATIC BILLBOARD LOCATED AT 3300 PARK ROAD (Economic Development Manager)
Clear Channel Outdoor, LLC (Lessee) has proposed to extend the current lease agreement #48424 with the City of Benicia, which supports an existing static billboard display at 3300 Park Road.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the second amendment (Attachment 2) to the lease agreement with Clear Channel Outdoor, LLC (Attachment 3) increasing the annual rent to $60,500, with an annual increase of 2% starting in 2025, extending the contract five years through April 30, 2029, and continuing on a month-to-month basis thereafter; and authorizing the City Manager to execute the amendment on behalf of the City.
Staff Report - Second Amendment to Lease Agreement - Clear Channel Outdoor LLC
1. Resolution – Second Amendment to Lease Agreement, Clear Channel Outdoor
2. Second Amendment to Lease Agreement – Clear Channel Outdoor
3. Lease Agreement - Clear Channel Outdoor
4. First Amendment to Lease Agreement - Clear Channel Outdoor
21.C - AUTHORIZE USE OF COMMITMENT FOR CAPITAL/MAINTENANCE PROJECTS (Finance Director)
The General Fund – Fund Balance Reserve Policy was last revised by Council on April 19, 2022 and at that time created a reserve commitment for Capital/Maintenance Projects. Use of the reserve requires Council approval, and the reserve has sufficient balance to fund a legal disbursement that was unbudgeted.
Recommendation:
Move to adopt a resolution (Attachment 1) authorizing the use of $1,265,317 from the commitment for Capital/Maintenance Projects and approving a budget amendment to the Marina Fund in the same amount of $1,265,317 for claims and settlements (4/5 vote required, or a majority if not all five Councilmembers are present).
6 Staff Report - Release of Capital-Maintenance Designation - Arbitration Award
1. Resolution - Release of the Capital-Maintenance Designation
21.D - APPROVAL OF HIGHWAY SAFETY IMPROVEMENT PROGRAM
HSIPL-5003(037) PEDESTRIAN CROSSING IMPROVEMENT PROJECT LOCATED AT
ROSE DRIVE AND PANORAMA DRIVE AND A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES (Public Works Director)
The City was awarded the Highway Safety Improvement Program (HSIP) Cycle 11 grant funding for the Pedestrian Crossing Improvement Project (Project) in March of 2023. The Project, located at the intersection of Rose and Panorama Drive, consists of installation bulb-outs (curb extensions), Americans with Disabilities Act (ADA) compliant curb ramps, and high visibility crosswalks.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the request to the State to fund a Pedestrian Crossing Improvement Project and finding the Project exempt from the California Environmental Quality Act (CEQA).
Staff Report - Approval of HSIP Ped Crossing Project_Rose and Panorama Resolution - Approval of HSIP Ped Crossing Project Rose and Panorama
21.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
21.F - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
7 22. Business Items
22.A - ECONOMIC DEVELOPMENT BOARD BUSINESS LICENSE
RECOMMENDATIONS (Economic Development Manager)
At the December 21, 2022, meeting of the Economic Development Board (EDB), the EDB began an exercise, at the request of City Council, to offer feedback on business activities that require a business license. The EDB has provided suggestions on potential exemptions and opportunities for fee increases.
Recommendation:
Direct staff to evaluate the recommendations (Attachment 1) from the Economic Development Board as part of a comprehensive review of Benicia Municipal Code (BMC) Chapter 5.04 – Business Licenses and Chapter 5.06 Business License Tax Rates. Changes to BMC business license requirements and tax rates following a comprehensive review and update is envisioned to be included in the November 2026 election as identified as one of the steps to increase local revenue in the City Manager’s roadmap for a path to prosperity.
Staff Report - Economic Development Board Business License Recommendations
1. EDB Business License Prospective Exemptions
22.B - SECOND STEP OF TWO STEP REQUEST TO BEGIN PROCESS TO CHANGE BANKING SERVICES (Finance Director)
At the September 5, 2023 Council meeting, a two-step policy issue request was submitted by Mayor Young for Council consideration titled Begin Process to Change Banking Services. In conformance with the two-step process of the Council Rules of Procedure, a majority of the Council directed staff to schedule this topic for future Council discussion. Staff have completed a preliminary evaluation of the request and present it with this item for further Council consideration.
Recommendation:
Direct staff to continue banking services with Wells Fargo. Consider directing staff to present a banking services client analysis statement annually to the Economic Development Board.
Staff Report - Two Step Banking Services
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
Council Member Committee Reports
8 24. Adjournment Of Regular Meeting
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