1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
May 7, 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.
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 - CURRENT AND UPCOMING OPENINGS CITY OF BENICIA BOARDS AND
COMMISSIONS
Applications for current and upcoming openings on Boards and Commissions are not currently being accepted. An announcement will be made by the City when applications are being accepted. Current and upcoming openings, along with descriptions of each Board and Commission, are provided on the following pages.
Current and Upcoming Openings - Boards and Commissions
14. Proclamations
14.A - PROCLAMATION - MENTAL HEALTH AWARENESS MONTH (City Manager's Office)
Proclamation - Mental Health Awareness Month 2024
14.B - PROCLAMATION - HISTORIC PRESERVATION MONTH 2024 (Community Development)
Proclamation - Historic Preservation Month
14.C - PROCLAMATION - OLDER AMERICANS MONTH 2024
Proclamation - Older Americans Month 2024
4 15. Appointments
15.A - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA
AUTHORIZING THE CITY TO PARTICIPATE IN THE GREEN EMPOWERMENT
ZONE FOR THE NORTHERN WATERFRONT AREA OF THE COUNTY OF CONTRA COSTA AND THE MAYOR’S APPOINTMENT OF COUNCIL MEMBER KARI
BIRDSEYE TO THE GREEN EMPOWERMENT ZONE BOARD OF DIRECTORS AND
MAYOR STEVE YOUNG AS ALTERNATE
Resolution - Appointment - Kari Birdseye - GEZ
16. Presentations
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
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 APRIL 16, 2024 SPECIAL AND REGULAR MEETING (City Clerk)
5 April 16, 2024 City Council Meeting Minutes
21.B - APPROVAL OF AMENDMENT TO AGREEMENT WITH ANVIL SECURITY SERVICES, INC. FOR LOPES ROAD BYPASS WATER PIPELINE SECURITY AND RELATED SERVICES (Interim Public Works Director)
This report recommends approving a one-year Amendment with Anvil Security Services, Inc. (Anvil) to provide 24-hour surveillance of the City’s temporary above-ground bypass water pipeline on Lopes Road in Fairfield that delivers all drinking water to the City.
Recommendation:
Adopt a resolution (Attachment 1) approving an Amendment to Agreement with Anvil Security Services, Inc. (Attachment 2) for Lopes Road bypass security services for one year (June 15, 2024 through June 14, 2025), at a rate of $29 per hour (or $4,872 per week), for a not-to-exceed amount of $260,000 and authorizes the City Manager to execute the Amendment on behalf of the City.
Staff Report - Approval of Anvil Security Amendment
1. Resolution – Anvil Security Services Inc. Amendment
2. Amendment to Agreement – Anvil Security Services Inc.
3. Agreement – Anvil Security Services Inc.
4. Resolution No. 23-44 – Ratification - Declaration of a Contracting Emergency
21.C - AWARD OF CONSTRUCTION CONTRACT AND NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE 2024
PAVEMENT REHABILITATION AND HIGHWAY SAFETY IMPROVEMENT
PROGRAM CYCLE 11 PEDESTRIAN CROSSING PROJECT (Interim Public Works Director)
The 2024 Citywide Pavement Rehabilitation and Highway Safety Improvement Program (HSIP) Cycle 11 Pedestrian Crossing Project (Project) generally consists of pavement rehabilitation, base failure repair, utility adjustment, curb extensions, curb ramps, restriping roadway, and sign replacement.
Recommendation:
Move to adopt a resolution (Attachment 1) awarding the construction contract (Attachment 2) to American Asphalt Repair & Resurfacing Co., Inc. in the amount of $1,933,755.10; authorizing the City Manager to sign the contract on behalf of the City; approving a Notice of Exemption under the California Environmental Quality Act (CEQA) Guidelines (Exhibit A), and approving a budget amendment to increase revenue for the HSIP Grant.
Staff Report - Award of Construction Contract and HSIP Cycle 11 Award 6 1. Resolution – 2024 Pavement Rehabilitation and HSIP Pedestrian Crossing Project
2. Construction Contract – American Asphalt Repair & Resurfacing Co., Inc. - 2024 Citywide Pavement Rehabilitation
21.D - APPROVAL OF BUDGET AMENDMENTS FOR THE GRANT FROM THE STATE
WATER RESOURCES CONTROL BOARD FOR THE CALIFORNIA EXTENDED WATER AND WASTEWATER ARREARAGES PAYMENT PROGRAM (Interim Public Works Director)
The City applied for, and was awarded, a grant from the State Water Resources Control Board (SWRCB) for the California Extended Water and Wastewater Arrearages Payment Program (Grant) in the amount of $1,829,452. This Grant provides arrearage funding for debt from residential and commercial customers accrued between June 16, 2021 and December 31, 2022. Council approval is required for related budget amendments in the FY 2023-24 budget.
Recommendation:
Move to adopt a resolution (Attachment 1) approving a budget amendment increasing revenue by $1,829,452 within the FY 2023-24 budget for the Grant award (Attachment 2), and delegate the Finance Director the authority to make the necessary revenue and expenditure increases associated with the Grant.
Staff Report - Water Wastewater Arrearages Grant Budget Amendments
1. Resolution – California Extended Water and Wastewater Arrearage Payment Program Budget Amendments
2. California Extended Water and Wastewater Arrearage Payment Program - Disbursement Request Form
21.E - APPROVAL OF INVESTMENT POLICY (Finance Director) The City Investment Policy (Policy) requires an annual review to ensure it remains consistent with the City’s investment objectives, current law, and economic trends. The annual review has been completed and some minor changes are recommended. Any revisions to the Policy must be approved by the City Council.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the Investment Policy (Exhibit A).
Staff Report - Investment Policy.pdf
1. Resolution Adopting the Investment Policy
2. Investment Policy (Tracked Changes Version)
7 21.F - AUTHORIZE USE OF RESERVE COMMITMENT FOR PENSION DESIGNATION (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 Pension Designation. Use of the reserve requires Council approval, and the reserve balance is recommended for investment in the City’s Section 115 Irrevocable Pension Trust Fund.
Recommendation:
Move to adopt a resolution (Attachment 1) authorizing the use of $446,592 from the commitment for Pension Designation and approving a budget amendment in the same amount of $446,592 for contributions to the Section 115 Trust (4/5 vote required, or a majority if not all five Councilmembers are present).
1. Resolution - Release of Pension Designation
1. Resolution – Release of Pension Designation
21.G - COMPLETION OF SURVEILLANCE DATA RETENTION POLICY (Interim Police Chief)
One of the priority projects established by City Council during the Annual Goal Setting Workshop in 2023, was to develop a Data Privacy Resolution. The City Manager Administrative Instruction titled The Surveillance Data Retention Policy details the purpose, policy and authorized uses of digital data, as well as clarifies how digital data will be collected, protected, and retained.
Recommendation:
Receive the proposed Surveillance Data Retention Policy (Attachment 1).
Staff Report - Data Retention Policy
1. Draft – City of Benicia Surveillance Data Retention Policy
21.H - AMENDMENTS TO PLACEWORKS ON-CALL PLANNING SERVICES AGREEMENT AND TRB AND ASSOCIATES, INC. ON-CALL BUILDING SERVICES AGREEMENT (Community Development)
The Community Development Department (Department) has established on-call agreements with professional services providers to meet various routine needs. The Department maintains an agreement with PlaceWorks to provide on-call services for advance planning, contract planning, and environmental review. In addition, the Department maintains an agreement with TRB and Associates (TRB) to provide on-call services, including contract staffing, specialty services, plan reviews, and inspections. The Department uses on-call contracts for budgeted expenses or on a cost recovery basis. Following receipt of the Rose Estates application, the City obtained cost proposals for technical and professional support to review and process the application. The scope of work required will necessitate amendments to these on-call agreements to accommodate projected timelines and costs 8 Recommendation:
1. Adopt a resolution (Attachment 1) approving an amendment to the agreement with PlaceWorks (Attachment 2) for on-call planning services for an additional year ending on December 31, 2026, for a not-to-exceed amount of $450,000 and authorize the City Manager to execute the amendment on behalf of the City.
2. Adopt a resolution (Attachment 3) approving an amendment to the agreement with TRB (Attachment 4) for on-call building services for a not-to-exceed $375,000 amount and authorize the City Manager to execute the amendment on behalf of the City.
Staff Report - Amendment to Agreements for PlaceWorks and TRB
1. Resolution – PlaceWorks Amendment to Agreement
2. PlaceWorks Amendment to Agreement
3. Resolution – TRB Amendment to Agreement
4. TRB Amendment to Agreement
21.I - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
22. Business Items
22.A - CONSIDER ADOPTING RESOLUTION TO AUTHORIZE THE CITY TO
CONTRACT WITH NOLL & TAM FOR DESIGN OF THE LIBRARY BASEMENT (Library & Cultural Services Director)
The Benicia Public Library (Library), having completed a year-long Community Needs Assessment (Assessment), has identified several strategic initiatives that would benefit from activating previously under and un-utilized space within the Library, specifically the Library’s lower level (Basement). The Library is now seeking direction from Council on whether to proceed with a proposal to repurpose a portion of the Basement to create a flexible use space for public programming that would meet many of the identified needs.
Recommendation:
Move to adopt a resolution (Attachment 1) authorizing Library staff to move forward in obtaining a full design scope and cost estimate for repurposing the Basement to create a flexible programming space and authorizing a budget amendment of $25,000 from fund balance in the Library Basement Project (Fund 435) to the Library’s General Fund budget for Professional Services in 0107000-7011 to complete the design portion of the project to fund this portion of the project. Once the design scope and cost estimate are completed, Staff will bring the project back to Council at a future date for further discussion and determination.
9 Staff Report - Consider Adopting Resolution to Authorize the City to Contract with Noll & Tam for Design of the Library Basement
1. Resolution - Resolution to Authorize the City to Contract with Noll & Tam for Design of the Library Basement
22.B - APPROVING ARTS AND CULTURE COMMISSION’S PUBLIC ART PROJECT, “ALLEGORY” (Library & Cultural Services Director)
In February 2024, the Arts and Culture Commission (ACC) approved inviting local artist José Luis Varto to submit proposals for a temporary art installation entitled Allegory featuring boat-like art pieces referred to as “creative art vessels.” Varto submitted three concepts for consideration which were reviewed by an ad hoc Art Selection Panel (ASP). The ASP recommended two of the three concepts for development. The ACC reviewed the ASP’s recommendation at their March meeting and approved recommending the project to City Council.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the commission of José Luis Varto to create two Allegory installations which will be leased from the artist and displayed at the Benicia Yacht Club for three months each in 2024 summer and fall– the entire installation will be for six months.
Staff Report - Approving Arts and Culture Commissions Public Art Project
1. Resolution - Resolution to Authorizing Arts and Culture Commission’s Public Art Project, “Allegory”
2. Conceptual Drawings of Art Pieces for Allegory Installation
22.C - OPEN GOVERNMENT COMMISSION’S RECOMMENDATIONS TO COUNCIL (City Attorney's Office)
At the September 7, 2021 City Council meeting, Mayor Young and Vice Mayor Cambell’s two-step request was presented to the Council to consider updates to the City’s campaign ordinances. The Council directed staff to agendize the item for discussion. At its October 19, 2021 Council Meeting, the Council directed staff to work with the Open Government Commission (OGC) for recommendations to improve the City’s campaign ordinance, including, but not limited to, addressing digital manipulation of images and videos, making false statements and enforcement of the voluntary code of conduct. The Open Government Commission has set forth recommendations that are before the Council.
Recommendation:
Provide direction on whether to propose updates to the City’s campaign ordinances and open government ordinance relating to campaigning and open government.
Staff Report - OGC Recommendations to Council.pdf
1. Two-Step Request - Mayor Young and Vice Mayor Campbell 10 2. Minutes of the October 19 2021 Regular City Council Meeting
3. Voluntary Code Fair Campaign 1.36 Redline Edits, Voluntary Pledge Redlines, Candidate Forum Redline
22.D - TERMS OF LIMITED CHARTER DISCUSSION AND DIRECTION (City Manager)
This staff report summarizes the considerations that need to be taken while drafting a limited city charter that will provide the City with the ability to enact a Real Property Transfer Tax (RPTT).
Recommendation:
Direct staff, by motion of the City Council, on what specific components are to be included in the proposed limited charter.
Staff Report - Terms of Limited Charter Discussion and Direction
23. Adjournment Of Regular Meeting (8:30 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