1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
June 4, 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 (4:30 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 THREAT TO PUBLIC SERVICES OR FACILITIES-Government Code Section 54957 Consultation with: (George Passidakis, security consultant for Apex Technology Management and City Attorney)
6.B 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. 3 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 - 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
15. Appointments
16. Presentations
4 16.A - ARTS AND CULTURE COMMISSION ANNUAL REPORTING (Neema Hekmat, Arts and Culture Commission)
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 - APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF BENICIA AND
BENICIA MAIN STREET FOR THE HISTORIC SOUTHERN PACIFIC DEPOT (Economic Development Manager)
Staff is proposing a Lease Agreement for a term of five years (July 1, 2024-June 30, 2029) between the City and Benicia Main Street (BMS) for the Historic Southern Pacific Depot (HSPD). This is the fifth lease agreement between the City of Benicia and Benicia Main Street for the HSPD since 2002.
Recommendation:
Adopt a Resolution (Attachment 1) approving a lease agreement (Attachment 2) with Benicia Main Street for the Historic Southern Pacific Depot.
Staff Report - Lease Agreement for Historic Southern Pacific Depot 5 1. Resolution - Approving Lease Agreement - Historic Southern Pacific Depot
2. Lease Agreement - Historic Southern Pacific Depot
3. ISTEA Program Guidelines
21.B - CREATE MARINE DEBRIS REMOVAL CAPITAL PROJECT (Finance Director) The proposed Marine Debris Removal Capital Project (Capital Project) includes removal of abandoned and derelict vessels and other marine debris from the shoreline of the Carquinez Straight within the City of Benicia.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the creation of the Marine Debris Removal Capital Project and authorizing the Finance Director to make the related budget amendments to transfer $1,940,000 from the General Fund to the newly created Capital Project Fund.
Staff Report - Create Marine Debris Removal Capital Project
1. Resolution - Marine Debris Removal Capital Project
21.C - FY 2024/25 MIDCYCLE CARRYOVER BUDGET DELEGATED AUTHORITY (Finance Director)
Amendments to the budget are necessary to carryover over unspent appropriations from one fiscal year to the next for capital projects, capital procurements, and certain contractual obligations when there are insufficient appropriations in the new fiscal year. To amend the fiscal year 2024/25 (FY25) budget, delegated authority from Council to the City Manager and Finance Director is required.
Recommendation:
Move to adopt a resolution authorizing the Finance Director delegated authority to amend the FY25 budget with the carryover of unspent fiscal year 2023/24 (FY24) appropriations for capital projects, capital procurements, and certain contractual obligations entered into before June 30, 2024 where sufficient appropriations are not included in the FY25 budget.
Staff Report - FY25 Mid-Cycle Delegated Authority
1. Resolution – FY 202425 Mid-Cycle Delegated Authority
21.D - LANDSCAPING AND LIGHTING DISTRICT FISCAL YEAR 2024-2025 (Public Works Director)
The City of Benicia Landscaping and Lighting District (District) consists of five separate zones, with the largest being the residential zone. Private properties within each zone are assessed annually to pay the cost to maintain landscaping along street rights-of-way, maintenance of open space areas and 6 maintenance and energy costs of streetlights on a zone-by-zone basis. Staff is recommending Council begin the annual assessment process. This is the annual assessment of the five zones, not a citywide assessment.
Recommendation:
Move to adopt the attached resolutions pertaining to the Landscaping and Lighting District:
1. Initiate Proceedings for the Annual Levy and Collection of Assessments for the City of Benicia Landscaping and Lighting District, Fiscal Year (FY) 2024-25 (Attachment 1).
2. Preliminary approval of the Engineer’s Report for the City of Benicia Landscaping and Lighting District, FY 2024-25 (Attachment 2).
3. Intention to Order the Levy and Collection of Assessments Pursuant to the Landscaping and Lighting Act of 1972 and therefore Setting a Public Hearing on June 18, 2024, for the City of Benicia Landscaping and Lighting District, FY 2024-25 (Attachment 3).
Staff Report - LLAD Assessment
1. Resolution - Intent to Initiate Proceedings
2. Resolution - Preliminary Approval of Engineer's Report
3. Resolution - Setting the Public Hearing Date on June 18, 2024
4. Preliminary Landscaping and Lighting Assessment District - Engineer's Report
5. Landscaping and Lighting Assessment District Diagram
21.E - APPROVAL OF BUDGET AMENDMENT FOR HIGHWAY SAFETY
IMPROVEMENT PROGRAM CYCLE 9 - CITYWIDE GUARDRAILS UPGRADE PROJECT (Public Works Director)
The Highway Safety Improvement Project (HSIP) Cycle 9 - Citywide Guardrails Upgrade Project (Project) (City Project No. 19-02; Federal Project No. HSIPL-5003[032]) consists of upgrading existing sections of guardrail and end treatments at 21 locations around town. A budget amendment is needed to add funds allocated for the design portion of the Project to the construction phase of the Project, which were not previously added to the budget allowing for construction of Bid Alternative no.
3. Recommendation:
Move to adopt a resolution (Attachment 1) approving a budget amendment increasing appropriations in the amount of $135,000 in the Project construction budget (org/obj. 5250000-7403), increasing the revenue budget for federal grants by $135,000 (org/obj 5250000-5330) for the Citywide Guardrails Upgrade Project and authorizing the Finance Director to execute the budget amendment and authorizing 7 the City Manager to execute a contract change order with Midstate Barrier, Inc. to increase the not-to-exceed amount from $940,777 to $986,053.
Staff Report - Approval of Budget Amendment for HSIP Guardrail Project
1. Resolution – Approval of Budget Amendment for HSIP Guardrail Project
21.F - PUBLIC REVIEW OF ANNUAL REPORT OF MILITARY EQUIPMENT USE (Interim Police Chief)
In October 2022, City Council adopted an ordinance, as required by the California State Legislature Assembly Bill 481 (AB481) titled, “Law enforcement and state agencies: military equipment: funding, acquisition, and use.” Section 7072 of AB481 requires the Benicia Police Department to submit an Annual Report for Military Equipment Use by the Benicia Police Department (AB481 Annual Report - 2023) for as long as the military equipment is available for use. Within 30 days of making the annual report publicly available on the internet website, the Benicia Police Department must be available at a community meeting to allow the general public the opportunity to discuss the AB481 Annual Report - 2023, or use of military equipment. The AB481 Annual Report - 2023 was posted on the City of Benicia’s webpage on May 7, 2024, and will be on the agenda for the June 4, 2024 City Council Meeting.
Recommendation:
Review Annual Report for Military Equipment Use by the Benicia Police Department (Attachment 1) and allow public opportunity to discuss information available in report.
Staff Report - Public Review of Annual Report of Military Equipment Use
1. Annual Report for Military Equipment Use by the Benicia Police Department
2. Ordinance 22-8 – Military Equipment Use Policy
21.G - AUTHORIZING THE ACCEPTANCE OF LIBRARY GRANT AND APPROVING THE NECESSARY BUDGET AMENDMENT (Library and Cultural Services Director) The Benicia Public Library (BPL) has received funding from a federal Library Services and Technology Act Grant (Grant) administered by the California State Library totaling $3,500 not originally included in the adopted budget for fiscal year 2023/24.
Recommendation:
Move to adopt a resolution (Attachment 1) authorizing the acceptance of these funds, approving budget amendments to the Benicia Public Library’s Grants Fund, authorizing the Finance Director delegated authority to amend the FY 2024/25 budget with any unspent appropriations related to this grant, and authorizing the Director of Library and Cultural Services, Finance Director, and City Manager to sign any necessary documents on behalf of the City.
Staff Report - Acceptance of Library Services and Technology Act Grant.pdf 8 1. Resolution - Acceptance of Library Services and Technology Act Grant
21.H - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
22. Business Items
22.A - INTRODUCTION OF AN ORDINANCE AMENDING BENICIA MUNICIPAL CODE CHAPTERS 1.36 (VOLUNTARY CODE OF FAIR CAMPAIGN PRACTICES), 1.42 (CONTRIBUTION AND VOLUNTARY SPENDING LIMITS), 4.08 (PUBLIC TESTIMONY AT REGULAR AND SPECIAL MEETINGS), AND CHAPTER 4.12 (PUBLIC INFORMATION) AND FINDING THE ORDINANCE EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (City Attorney)
At its May 7, 2024 City Council meeting, the Council reviewed the Open Government Commission’s Recommendations to City Council regarding curtailing campaigning with materially deceptive media, whether to continue with the Candidates Forum (Chapter 1.42.120), the time to respond to public records act requests, and time allocations for speaking at public meetings. The City Council provided direction to the City Attorney’s office as to the proposed amendments, and those amendments are now before the Council in the drafted ordinance.
Recommendation:
Move to waive the first reading and introduce an ordinance (Attachment 1) of the City Council amending Benicia Municipal Code Chapters 1.36 (Voluntary Code of Fair Campaign Practices), 1.42 (Contribution and Voluntary Spending Limits), 4.08 (Public Testimony at Regular and Special Meetings), and Chapter 4.12 (Public Information) and finding the ordinance exempt under the California Environmental Quality Act.
Staff Report - Open Gevernment Commission's Ordinance Recommendations
1. May 7, 2024 Staff Report and Attachments
2. Proposed Ordinance
3. Redline Edits to Municipal Code
22.B - APPROVING ARTS AND CULTURE COMMISSION’S PUBLIC ART PROJECT, “ENTRANCE BEAUTIFICATION” (Library and Cultural Services Director) In Spring of 2024, the Arts and Culture Commission (ACC) released a Request for Proposals (RFP) inviting artists to create a mural installation welcome sign, “Entrance Beautification” (Project) to serve as the visual gateway to the City’s historic main street district. Three proposals were received and reviewed by an ad hoc Art Selection Panel (ASP). The ACC reviewed the ASP’s recommendation at their May meeting and approved recommending the Project to City Council. 9 Recommendation:
Move to adopt a resolution (Attachment 1) approving the commission of Vincent Concepcion to create the selected mural (Attachment 2) which will be placed at the southwest corner of Second and Military, replacing the current sign containing service group insignias (Attachment 3).
Staff Report - Approving Arts and Culture Commissions Public Art Project
1. Resolution - ACC’s Public Art Project, “Entrance Beautification”
2. Proposal and Conceptual Drawing - Entrance Beautification - Vincent Concepcion
3. Existing Wood Sign at Site
23. Adjournment Of Regular Meeting (8:00 P.M.)
10 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 11 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