1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
MARCH 19, 2024
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 (5:30 P.M.)
Mayor Young called the Special Meeting to order at 5:30 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
None
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 5:30 p.m. 7) RECONVENE OPEN SESSION
Mayor Young reconvened the Open Session at 6:06 p.m.
8) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
Ben Stock, City Attorney, announced that Council met in Closed Session to discuss 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 6:05 p.m.
10) ROLL CALL
All Council Members were present.
Council Member Campbell arrived at 6:06 p.m.
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) PROCLAMATIONS
14.A - WOMEN'S HISTORY MONTH - MARCH 2024 (City Manager's Office)
Proclamation - Women's History Month
15) PRESENTATIONS
15.A - ECO AWARDS (Republic Services)
16) ADOPTION OF THE AGENDA
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the Adoption of the Agenda, as presented, 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)
17) OPPORTUNITY FOR PUBLIC COMMENTS
18) WRITTEN COMMENT
19) PUBLIC COMMENT
3 1. Sherry Leigh - Ms. Leigh discussed the upcoming Fiestas Primavera.
2. Mario Salcedo - Mr. Salcedo discussed concern regarding the 'la migra' game that high school students play.
3. Kashanna Harmon Lee - Ms. Harmon Lee discussed concern regarding the 'la migra' game that high school students play.
4. Patty Gavin - Ms. Gavin discussed concern regarding the proposed placement of the Harold Bray statue at Military and First Street,
5. Monica Gomez - Ms. Gomez discussed concern regarding the 'la migra' game that high school students play.
6. Z - Z read a proclamation for Fiestas Primavera.
7. Lori Grundman - Ms. Grundman asked for an update on the search for a new chief of police.
8. Council Member Campbell - Council Member Campbell discussed the need to tighten up the rules on public art and banners around First Street. He also discussed the need to move forward with the rainbow crosswalks. 20) CONSENT CALENDAR
20.A - SECOND READING AND ADOPTION OF AN ORDINANCE
AMENDING THE BENICIA MUNICIPAL CODE TITLE 17
(ZONING) IMPLEMENTING PROGRAMS FROM THE 2023-2031
HOUSING ELEMENT, UPDATING REGULATIONS AND
DETERMINATION THAT THE ACTION IS CATEGORICALLY
EXEMPT FROM CEQA, PURSUANT TO STATE CEQA
GUIDELINES SECTION 15301, 15305, 15322, AS THEY ARE MINOR
CHANGES TO IMPLEMENT THE HOUSING ELEMENT AND TO
STREAM LINE DEVELOPMENT, AND THE AMENDMENTS
REQUIRED BY THE HOUSING ELEMENTS ARE COVERED BY
THE ENVIRONMENTAL IMPACT REPORT (SCH NUMBER
2022060021). (Community Development Director)
Staff Report - Title 17 - Code Text Amendments 2nd Reading
1. Proposed Ordinance Amending Title 17 (Zoning)
ORDINANCE NO. 24- 1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA, CA, AMENDING CHAPTERS OF TITLE 17 (ZONING) OF
THE BENICIA MUNICIPAL CODE (BMC) TO IMPLEMENT PROGRAMS
FROM THE 2023-2031 HOUSING ELEMENT, UPDATING AND
STREAMLINING REGULATIONS
20.B - AWARD OF CONSTRUCTION CONTRACT, AUTHORIZE A
BUDGET AMENDMENT, AND APPROVE NOTICE OF EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
FOR THE MILITARY WEST 12-INCH WATER MAIN
REPLACEMENT PROJECT (Interim Public Works Director)
4 Staff Report - Award of Construction Contract Military West Water Main
1. Resolution - Military West 12-inch Water Main Replacement Project
2. Construction Contract with Koios Engineering, Inc.
3. Notice of Exemption - Military West 12-inch Water Main Replacement Project RESOLUTION NO. 24- 17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA ACCEPTING THE BIDS FOR THE MILITARY WEST 12-
INCH WATER MAIN REPLACEMENT PROJECT, AWARDING THE
CONSTRUCTION CONTRACT TO KOIOS ENGINEERING, INC.,
AUTHORIZING THE CITY MANAGER TO SIGN THE CONSTRUCTION
CONTRACT ON BEHALF OF THE CITY, AUTHORIZING A BUDGET
AMENDMENT, AND APPROVING A NOTICE OF EXEMPTION
20.C - ACCEPTANCE OF THE VIEWMONT WATER MAIN
REPLACEMENT PROJECT (Interim Public Works Director)
Staff Report - Acceptance of Viewmont Water Main Replacement
1. Resolution - Acceptance of Viewmont Water Main Replacement
2. Notice of Completion
RESOLUTION NO. 24- 18 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ACCEPTING VIEWMONT WATER MAIN
REPLACEMENT PROJECT AS COMPLETE, AUTHORIZING THE CITY
MANAGER TO SIGN THE NOTICE OF COMPLETION, AUTHORIZING THE CITY CLERK TO FILE SAME WITH THE SOLANO COUNTY RECORDER’S OFFICE
20.D - APPROVAL TO WAIVE FLOOD AND EARTHQUAKE INSURANCE
REQUIREMENTS ON THE CONSTRUCTION CONTRACT FOR THE
VALERO FLOW METER REPLACEMENT PROJECT (Interim Public
Works Director)
Staff Report - Valero Meter Contract Insurance
1. Resolution Valero Flow Meter Replacement Project
2. Change Order - Valero Flow Meter Replacement Project RESOLUTION NO. 24- 19 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA WAIVING THE FLOOD AND EARTHQUAKE INSURANCE REQUIREMENTS ON THE PAULSON COX CONSTRUCTION, INC.
CONSTRUCTION CONTRACT FOR THE VALERO FLOW METER
REPLACEMENT PROJECT
20.E - APPROVAL OF CISCO CORE SWITCH PROCUREMENT (Finance Director)
Staff Report - Consent Calendar - IT Core Switch
5 1. Resolution SSP Data, Inc. Core Switch Procurement NCPA 01-97
2. SSP Data, Inc. Core Switch Quote
RESOLUTION NO. 24- 20 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING THE PURCHASE OF A CISCO CORE
SWITCH FROM SSP DATA, INC USING THE NATIONAL COOPERATIVE PURCHASING ALLIANCE AGREEMENT 01-97
20.F - RESOLUTION SUPPORTING OFFSHORE WIND
MANUFACTURING AND FABRICATION AND ENCOURAGING
THE STATE OF CALIFORNIA UTILITIES AND ENERGY
COMMITTEE TO RECOMMEND THE PORT OF BENICIA AS THE
PREFERRED LOCATION TO INVEST IN INFRASTRUCTURE AND
DEVELOP MANUFACTURING FACILITIES (City Manager)
Staff Report - Offshore Wind (OSW) Manufacturing and Support
1. Resolution Offshore Wind (OSW) Manufacturing and Support RESOLUTION NO. 24-21 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA SUPPORTING OFFSHORE WIND MANUFACTURING
AND FABRICATION ENCOURAGING THE STATE OF CALIFORNIA
UTILITIES AND ENERGY COMMITTEE TO RECOMMEND THE PORT OF
BENICIA AS THE PREFERRED LOCATION TO INVEST IN
INFRASTRUCTURE AND DEVELOP MANUFACTURING FACILITIES
20.G - RESOLUTION CONTINUING THE DECLARATION OF A LOCAL
EMERGENCY FOR RAW WATER TRANSMISSION LINE
INCIDENT (City Manager)
RESOLUTION NO. 24- 22 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA CONTINUING THE DECLARATION OF A LOCAL
EMERGENCY
Danielle Bonham, Acting Public Works Director, reviewed the staff report.
Council and Staff discussed the recent rains, slippage, movement, and fixing the earth movement issue.
Public Comment:
None
Staff Report - Continuation of Existence of a Local Emergency
1. Resolution - Continuation of Declaration of Local Emergency On motion of Mayor Young, seconded by Council Member Macenski, Council approved the adoption of Resolution 24-22, on a roll call by the following vote:
6 Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
20.H - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
Council pulled item 20.G for discussion.
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)
21) BUSINESS ITEMS
21.A - ACCEPT THE ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2023 (Finance Director) Staff Report - Business Item-FY 2022-23 CAFR
Jeff Tschudi, Finance Director, Patricia McKeever, Accounting Manager, and Clifton, Larson, Allen, reviewed the staff report and a PowerPoint presentation.
Council and Staff discussed Comprehensive Financial Report (CAFR).
Public Comment:
None
1. Annual Comprehensive Financial Report for the Fiscal Year Ended June 30 2023
2. Corrective Action Plan for the Fiscal Year Ended June 30, 2023
3. Summary Schedule of Prior Audit Findings for the Fiscal Year Ended June 30, 2023 On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved accepted the Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2023, 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)
21.B - FY 2023/24 MID-YEAR BUDGET REPORT (Finance Director)
7 Roxanna Moradi, Budget Manager, reviewed the staff report and a Power Point Presentation.
Staff and Council discussed staffing vacancies, concerns regarding consultant costs, expenditures, sales tax, and the issue of gas tax.
Public Comment:
None
Staff Report - Business Item-FY24 Mid-Year
1. CIP Carryover Budget Amendments
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the FY 2023/24 Mid-Year Budget Report including the report on budget amendments completed based on delegated authority related to capital projects, 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)
21.C - INTRODUCTION OF AN ORDINANCE TO AMEND CHAPTER
10.12 OF THE MUNICIPAL CODE FOR THE 2024 ENGINEERING
AND TRAFFIC SURVEY REPORT (Interim Public Works Director) ORDINANCE NO. 24- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING CHAPTER 10.12 (SPEED LIMITS) OF TITLE 10 (VEHICLES AND TRAFFIC) OF THE BENICIA MUNICIPAL CODE BY ADDING A NEW SECTION 10.12 (SPEED LIMITS)
Danielle Bonham, Interim Public Works Director, and Neal Leary, Deputy Public Works Director, and Lynn Filson, Haley & Aldrich, reviewed the staff report and a PowerPoint presentation.
Staff and Council discussed speed limits.
Public Comments:
1. Lori Grundman - Ms. Grundman asked for clarification on when the survey would need to be recertified.
Staff Report - Introduction of Ordinance 10.12 - Speed Limits
1. Draft Ordinance Amend Ch. 10.12 (Speed Limits) of Title 10 (Vehicles and Traffic)
2. Engineering and Traffic Survey Report
8 On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the Introduction and First Reading of the above ordinance, 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)
21.D - 2023 GENERAL PLAN AND HOUSING ELEMENT ANNUAL
PROGRESS REPORT (Community Development Director)
Staff Report - 2023 General Plan and Housing Element Annual Progress Report Vivien Togonon, Principal Planner, reviewed the staff report and a PowerPoint presentation.
Council and Staff discussed lower and moderate income units, and ADU's.
Public Comment:
None
1. 2023 General Plan & Housing Element Annual Progress Report and Appendices On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved accepted the General Plan and Housing Element Annual Progress Report, 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)
21.E - CERTIFICATION OF THE CITIZENS INITIATIVE TO ADD A SPECIAL TRANSACTION AND USE TAX OF 0.5% FOR STREETS
AND ROADS (Deputy City Manager)
Staff Report - Citizen Initiative for Sales Tax Increase Sarah Shawky, Deputy City Manager, reviewed the staff report.
Council and Staff discussed the issue of raising the sales tax limit, there not being a sunset clause, the need to inform the community of the need for this, the need for a schedule of what streets would be done and when, and concern regarding the tight timeline for the senate to raise the sales tax limit.
Public Comment:
1. Lori Grundman - Ms. Grundman asked whether a volunteer committee would be subject to the Brown Act.
9 1. Verification Certificate and Petition Statistics Benicia Initiative 2024 On motion of Council Member Macenski, seconded by Council Member Birdseye, Council directed Staff to submit the ordinance, without alteration, to the voters pursuant to Elections Code Section 1405 and return to Council with all necessary documentation prior to the Solano County Registrar of Voters deadlines for the November 5, 2024, general election, 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)
22) COUNCIL MEMBER COMMITTEE REPORTS:
22.A - COUNCIL MEMBER COMMITTEE REPORTS
Council Member Committee Reports
23) ADJOURNMENT OF REGULAR MEETING (8:00 P.M.)
Mayor Young adjourned the meeting at 9:50 p.m.
City Clerk