1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
May 21, 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 (5:30 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 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Attorney
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.) 3 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 ON BOARDS, COMMISSIONS AND
COMMITTEES
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 - LGBTQ PRIDE MONTH - JUNE 2024 (City Manager's Office) Proclamation - LGBTQ Pride Month - June 2024
14.B - PROCLAMATION - VETERAN'S OF FOREIGN WARS - ANNUAL BUDDY POPPY DISTRIBUTION - 2024 (City Manager's Office)
Proclamation - Veteran's of Foreign Wars - Annual Buddy Poppy Distribution - 2024
15. Appointments
16. Presentations
4 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 MAY 7, 2024 SPECIAL AND REGULAR MEETING (City Clerk)
May 7, 2024 City Council Meeting Minutes
21.B - REQUEST TO FLY THE RAINBOW FLAG IN RECOGNITION OF LGBTQIA+ PRIDE MONTH (City Manager)
This request is for the City to fly the Rainbow Pride Flag on the City Hall flagpole during the month of June 2024, in recognition of LGBTQIA+ Pride Month. This request is being brought forward by Mayor Young, pursuant to the City’s Outdoor Flag Display Policy (Attachment 1) which states that “the City shall display commemorative flags only if authorized by the City Council as an expression of the City’s official sentiments.” The policy also states that “the City Council shall only consider a request to display a commemorative flag if the request is made by a member of the Benicia City Council.” Recommendation:
5 Provide direction to staff by minute order on whether or not to fly the Rainbow Pride Flag on the City Hall flagpole during the month of June 2024.
Staff Report - Request to Fly Rainbow Pride Flag
1. Outdoor Flag Display Policy
21.C - REQUEST TO FLY THE JUNETEENTH LIBERATION FLAG (City Manager) This request is for the City to fly the Juneteenth Liberation Flag on the City Hall flagpole to recognize June 19th, 2024 as Juneteenth, an annual holiday commemorating the end of slavery in the United States. This request is being brought forward by Mayor Young pursuant to the City’s Outdoor Flag Display Policy (Attachment 1), which states that “the City shall display commemorative flags only if authorized by the City Council as an expression of the City’s official sentiments.” The policy also states that “the City Council shall only consider a request to display a commemorative flag if the request is made by a member of the Benicia City Council.”
Recommendation:
Provide direction to staff by minute order on whether or not to fly the Juneteenth Liberation Flag on the City Hall flagpole and its duration.
Staff Report - Request to Fly Juneteenth Liberation Flag
1. Outdoor Flag Display Policy
21.D - APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN
COMMUNITY ACTION PARTNERSHIP OF SOLANO, JOINT POWERS AUTHORITY; SOLANO COUNTY; AND THE CITIES OF BENICIA, DIXON, FAIRFIELD, RIO VISTA,
SUISUN CITY, VACAVILLE, AND VALLEJO FOR COST SHARING ADMINISTRATIVE EXPENSES (City Manager)
The Community Action Partnership of Solano, Joint Powers Authority (CAP Solano JPA, or JPA), is a countywide organization focused on collaboration and coordination of homeless services in Solano County. CAP Solano JPA seeks to execute a Memorandum of Understanding (MOU) from each participating jurisdiction to fund administrative personnel. Without dedicated administrative staff, the JPA is limited in capabilities for competitive grant writing, contract oversight, grant administration, and countywide service coordination.
Recommendation:
Move to adopt a resolution to approve a Memorandum of Understanding Between Community Action Partnership of Solano, Joint Powers Authority; Solano County; and the Cities of Benicia, Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, and Vallejo for Cost Sharing Administrative Expenses, and authorize the City Manager to sign and execute the agreement on behalf of the City.
Staff Report - CAP Solano JPA
6 1. Proposed Resolution
2. CAP Solano JPA Staffing MOU
21.E - APPROVE LIST OF STREETS FOR FY 24/25 PAVEMENT REHABILITATION
PROJECT TO RECEIVE ROAD MAINTENANCE AND REHABILITATION ACCOUNT FUNDING (Public Works Director)
Senate Bill 1: the Road Repair and Accountability Act of 2017 (SB1) (Chapter 5, Statutes of 2017), requires each local agency to submit a list of proposed street maintenance and rehabilitation projects to the California Transportation Commission (CTC) annually as a prerequisite to receive Road Maintenance and Rehabilitation Account (RMRA) funding.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the List of Streets (Project List) for FY 24/25 Pavement Rehabilitation Project (Project) (Exhibit A).
Staff Report - SB1 List of Streets
1. Resolution - List of Streets - FY 24/25 Pavement Rehabilitation Project - RMRA Funding
21.F - APPROVAL OF AMENDMENT TO AGREEMENT WITH COASTLAND CIVIL ENGINEERING, INC. AND APPROVAL OF TASK ORDER NO. 1 FOR
CONSTRUCTION MANAGEMENT SERVICES FOR THE 2024 CITYWIDE PAVEMENT REHABILITATION PROJECT (Public Works Director)
The City has a Master Professional Engineering Services Agreement (Agreement) with Coastland Civil Engineering, Inc. (Coastland) for on-call construction management and inspection services for engineering projects. The Agreement has a compensation limit of $200,000. An Amendment to the Agreement is being requested to increase the compensation limit to $400,000, so that Task Order Number 1 (TO 1) can be approved and issued under this agreement. TO 1 is for construction management services associated with the 2024 Citywide Pavement Rehabilitation and Highway Safety Improvement Program Cycle 11 Pedestrian Crossing Project (Project).
Recommendation:
Move to adopt a resolution (Attachment 1) approving an amendment (Attachment 2) to the Master Professional Construction Management and Inspection Services Agreement with Coastland increasing the payment limit from $200,000 to $400,000; approval of TO 1 (Attachment 3) for the Construction Management Services for the 2024 Citywide Pavement Rehabilitation Project; and authorizing the City Manager to execute the amendment and task order on behalf of the City.
Staff Report - Coastland - Amendment to Agreement and Approval of Task Order 1
1. Resolution - Coastland_Amendment to Agreement and Approval of Task Order 1
2. Amendment to Agreement – Coastland Civil Engineering, Inc. 7 3. Task Order No. 1 – Coastland Civil Engineering, Inc.
4. Master Professional Agreement – Coastland Civil Engineering, Inc.
21.G - APPROVAL OF AMENDMENT TO AGREEMENT WITH UNICO
ENGINEERING, INC. AND APPROVAL OF TASK ORDER NO. 1 FOR
CONSTRUCTION MANAGEMENT SERVICES FOR THE COLUMBUS
PARKWAY/ROSE DRIVE IMPROVEMENT PROJECT (Public Works Director) The City has a Master Professional Engineering Services Agreement (Agreement) with Unico Engineering, Inc. (Unico) for on-call construction management and inspection services for engineering projects. The Agreement has a compensation limit of $200,000. An Amendment to the Agreement is being requested to increase the compensation limit to $400,000, so that Task Order Number 1 (TO 1) can be approved and issued under this agreement. Task Order Number 1 is for construction management services associated with the Columbus Parkway/Rose Drive Improvement Project (Project).
Recommendation:
Move to adopt a resolution (Attachment 1) approving an Amendment (Attachment 2) to the Master Professional Construction Management and Inspection Services Agreement with Unico increasing the payment limit from $200,000 to $400,000; approval of Task Order No. 1 (Attachment 3) for the Construction Management Services for the Columbus Parkway/Rose Drive Improvement Project; and authorizing the City Manager to execute the amendment and task order on behalf of the City.
Staff Report - Unico Amendment to Agreement and Approval of Task Order 1
1. Resolution – Amendment to Agreement with Unico Engineering, Inc.
2. Amendment to Agreement – Unico Engineering, Inc.
3. Task Order No. 1 – Unico Engineering, Inc.
4. Master Professional Agreement – Unico Engineering, Inc.
21.H - AWARD OF CONSTRUCTION CONTRACT FOR THE COLUMBUS PARKWAY/ ROSE DRIVE IMPROVEMENT PROJECT (Public Works Director)
The Columbus Parkway/Rose Drive Improvement Project (Project) will generally consist of improvement to operations near the intersection of Columbus Parkway and Rose Drive. The improvements will increase capacity for westbound Columbus Parkway and provide two through lanes within 700 feet of the Rose intersection.
Recommendation:
8 Adopt a resolution (Attachment 1) accepting the bids for the Project, awarding the construction contract (Attachment 2) to Redgwick Construction Co. of Oakland, CA, in the amount of $1,125,228, authorizing the City Manager to sign the contract on behalf of the City.
Staff Report - Award of Construction Contract Columbus Parkway Project
1. Resolution – Award of Construction Contract Columbus Parkway Rose Drive Improvement Project
2. Construction Contract – Redgwick Construction Co.
21.I - FY 2023/24 THIRD QUARTER INVESTMENT REPORT (Finance Director) The Fiscal Year 2023/24 Third Quarter Investment Report for the quarter that ended March 31, 2024, 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 Third Quarter Investment Report for the quarter that ended March 31, 2024 (Attachment 1).
Staff Report - FY 2023-24 Third Quarter Investment Report
1. FY 2023-24 Third Quarter Investment Report
2. LAIF Statement Ending March 31
3. CAMP Statement Ending March 31
4. 115 Trust Statement Ending March 31
21.J - FY 2023/24 Q3 BUDGET REPORT (Finance Director)
A third quarter (Q3) budget report of the City’s current year budget is part of the City’s on-going fiscal monitoring processes. This fiscal year (FY) 2023/24 Q3 focuses on the General Fund. Using actual revenue and expenditures from the first nine months of the fiscal year, the Finance Department works with operating departments staff to forecast revenue and expenses through the end of the fiscal year.
This review provides a process for the City to identify and proactively address current-year budget changes.
Recommendation:
Accept, by minute order, the FY 2023/24 Q3 Budget Report.
Staff Report - FY24 Q3 Budget Report
9 21.K - 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.L - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
22. Business Items
22.A - WATER RESOURCES UPDATE (Interim Public Works Director) The presentation will inform City Council on a variety of water-related challenges for the City.
Recommendation:
Receive a presentation about Benicia’s water supplies, water demand and risks to the water supplies in efforts to facilitate a dialogue between City Council and staff to identify opportunities to improve water supply reliability.
Staff Report - Water Presentation
1. Impact of the States Unimpaired Flow Mandate to Solano County Water
22.B - GENERAL FUND FIVE YEAR FINANCIAL FORECAST (Finance Director) The General Fund Five Year Financial Forecast (Forecast) is a forward look at the City’s General Fund operating revenues and expenditures. Its purpose is to identify financial trends, shortfalls, opportunities, and issues so the City can proactively plan and strategize on the use of financial resources. The Forecast lays the foundation for budget development, aiding both the City Manager and Council in establishing priorities and allocating resources appropriately.
Recommendation:
10 Accept, by minute order, the General Fund Five Year Financial Forecast for fiscal years 2024/25 through 2028/29 (Attachment 1).
Staff Report - 5 Year Forecast FY25-FY29
1. General Fund Five Year Financial Forecast FY25-FY29
22.C - TERMS OF LIMITED CITY CHARTER APPROVAL (City Manager) This staff report provides a draft Limited City Charter that includes the terms discussed at the April 16 and May 7, 2024 Council meetings.
Recommendation:
Approve the terms of the draft Limited City Charter, by motion of the City Council, or provide staff with additional guidance.
Staff Report - Limited City Charter
1. Draft - Limited City Charter
22.D - DISCUSSION OF REAL PROPERTY TRANSFER TAX STRUCTURE (City Manager)
This staff report provides additional information regarding how Real Property Transfer Tax (RPTT) models are structured in advance of a detailed discussion on June 11, 2024 of the model to be presented to voters on November 5, 2024.
Recommendation:
Receive the information provided in this staff report and provide direction regarding any additional information necessary to inform the City Council’s decision of the structure of the proposed RPTT in advance of the June 11, 2024 meeting.
Staff Report - Real Property Transfer Tax Structure
23. Council Member Committee Reports
(Council Members serve on various internal, and external, committees on behalf of the City. Current agendas, minutes and meeting schedules, as available, from these various committees can be viewed by clicking the links in the attachment. Oral reports by the Council Members are made only by exception.)
23.A - COUNCIL MEMBER COMMITTEE REPORTS
Council Member Committee Reports
24. 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