1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
July 16, 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 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 - BOARDS, COMMISSIONS AND
COMMITTEES
Applications for current and upcoming openings on Boards, Commissions and Committees are being accepted until Wednesday, July 31, 2024 at 5:00 p.m. Applications can be found by going to the City’s website, https://www.ci.benicia.ca.us/cbc, and clicking on the name of the Board, Commission or Committee you wish to apply for.
Current and Upcoming Openings - Boards, Commissions and Committees
14. Proclamations
15. Appointments
15.A - REAPPOINTMENT - MIKE WHITE - BENICIA TRUSTEE FOR SOLANO
COUNTY MOSQUITO ABATEMENT DISTRICT
Appointment - M. White Solano County Mosquito Abatement
16. Presentations
4 16.A - INDUSTRIAL SAFETY ORDINANCE (ISO) PROGRESS REPORT (Fire Department)
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 OF THE JUNE 4, 2024, JUNE 18, 2024 AND JUNE 25, 2024 REGULAR AND SPECIAL MEETINGS (City Clerk)
June 4, 2024 City Council Meeting Minutes
June 18, 2024 City Council Meeting Minutes
June 25, 2024 Special and Regular City Council Meeting Minuites
21.B - ACCEPTANCE OF LYRASIS CATALYST GRANT TO FUND “LIBRAREAZE” PROJECT SUPPORTING ADULT NONREADERS (City Librarian)
The Benicia Public Library (Library) has received funding from a grant totaling $24,850 not originally included in the adopted budget for fiscal year 2024/25. 5 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 to make the necessary FY 2024/25 budget amendments to the Library Grants Fund, and authorizing the City Librarian, Finance Director, and City Manager to sign any necessary documents on behalf of the City.
Staff Report - Acceptance of Lyrasis Catalyst Grant Fund
1. Resolution - Acceptance of Lyrasis Catalyst Grant Fund
21.C - MASTER FEE SCHEDULE CHANGES (Finance Director)
The City of Benicia adopted the Master Fee Schedule on May 16, 2023, providing for an annual adjustment to allowable fees on July 1 at a rate equivalent to the annual April to April change of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the San Francisco-Oakland-Hayward, CA area. This item recommends adjusting the measurement date to a February-to-February change to allow time for the CPI-W to be released by the U.S. Bureau of Labor Statistics, updating of the fees, and posting of the revised Master Fee Schedule to fee processing software systems and the City’s website in advance of the fee increase effective date of July 1. For efficiencies with transactions, it is also recommended that the annual adjustments be rounded to $0.05 for full cost recovery fees and $0.25 for market rate fees.
Recommendation:
Adopt a resolution (Attachment 1) approving the change to the measurement date utilized for the CPI-W Master Fee Schedule increases to February-to-February; approving rounding down to the nearest $0.05 for eligible fees established for full cost recovery; and approving rounding to the nearest $0.25 for eligible fees established on market rates.
Staff Report - Master Fee Schedule
1. Resolution – Approving Changes to the Methodology - Master Fee Schedule Increases
21.D - APPROVAL OF PROPOSED FIRST AMENDMENT WITH T-MOBILE FOR CELL TOWER LEASE LOCATED AT 257 ESSEX WAY (Economic Development Manager) T-Mobile USA, Inc. (Lessee) has proposed to extend the current Lease Agreement with the City of Benicia (Lessor), which supports an existing cell tower structure at 257 Essex Way.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the First Amendment (Attachment 2), effective October 1, 2026, to the Lease Agreement with T-Mobile (Attachment 3) increasing the monthly rent by $200 with an annual escalator of 3% and extending the lease term by five (5) years with additional renewal options of up to five (5) additional terms of five years each, and authorizing the City Manager to execute the amendment on behalf of the City.
6 Staff Report - First Amendment to Cell Tower Lease at 257 Essex Way
1. Resolution – First Amendment to Lease Agreement – 257 Essex Way
2. First Amendment to Lease Agreement – 257 Essex Way
3. Lease Agreement - 257 Essex Way
21.E - CALIFORNIA HEALTH AND SAFETY CODE 13146.4 FIRE INSPECTION COMPLIANCE REPORT (Fire Chief)
State law requires California fire departments to enforce the fire code as adopted. Additionally, fire departments are required to perform annual inspections of every building used as a public or private school, as well as all apartments, hotels, motels, lodging houses, and jails for compliance with adopted fire codes. On September 27, 2018, Governor Brown approved Senate Bill 1205, which added Section 13146.4 to the California Health and Safety Code. Section 13146.4 requires every fire department to report annually to its administering authority, as defined, on the department’s compliance with the above-described inspection requirements. The section requires the administering authority to acknowledge receipt of the report in a resolution or a similar formal document. This report serves as the annual report for 2023 compliance and provides additional details of the Benicia Fire Department’s Fire and Life Safety Inspection Program.
Recommendation:
Move to adopt a resolution (Attachment 1) acknowledging receipt of the 2023 state mandated Fire Inspection report.
Staff Report - California Health and Safety Code 13146.4 Fire Inspection Compliance Report
1. Resolution - 2023 Fire Inspection Compliance Report
21.F - APPROVAL OF FIRST AMENDMENT TO MASTER PROFESSIONAL
ENGINEERING SERVICES AGREEMENT FOR ON-CALL DESIGN SERVICES WITH COASTLAND CIVIL ENGINEERING, INC. TO INCREASE PAYMENT LIMITS (Public Works Director)
The City has a Master Professional Engineering Services Agreement (Agreement) with Coastland Civil Engineering, Inc. (Coastland) for on-call design services for engineering projects. An amendment to the Agreement is being requested. The City has reached the overall payment limit threshold and needs to increase the overall payment limit to allow for future task orders.
Recommendation:
Move to adopt a resolution (Attachment 1) approving an amendment (Attachment 2) to the Master Professional Engineering Services Agreement for on-call design services with Coastland increasing the payment limit from $200,000 to $500,000; and authorizing the City Manager to execute the amendment on behalf of the City.
7 Staff Report - Coastland First Amendment to Agrement to Increase Limits
1. Resolution – Amendment to Agreement with Coastland Civil Engineering, Inc.
2. First Amendment to Agreement – Coastland Civil Engineering, Inc.
3. Original Master Professional Agreement – Coastland Civil Engineering, Inc.
21.G - AUTHORIZING EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS (City Manager)
The California Department of Tax and Fee Administration (CDTFA) requires local governments to adopt a resolution officially designating those staff and consultants who are authorized to review confidential sales tax data in the course of their duties. This item completes that designation and consolidates designations for Bradely Burns, Measure C, and Measure B sales taxes.
Recommendation:
Adopt a resolution (Attachment 1) authorizing key staff and consultant to review sales or transactions and use tax data from the California Department of Tax and Fee Administration.
Staff Report - Authorizing Examination of Sales or Transactions and Use Tax
1. Resolution - Authorizing Examination of Sales or Transaction and Use Tax Records
21.H - DISPOSITION OF CITY-OWNED SITES FOR HOUSING DEVELOPMENT (Assistant City Manager)
In 2024, three city-owned sites will be made available for housing development as detailed in Program
1.16 of the 2023-2031 Housing Element. In accordance with the Council’s direction that was provided on June 25, 2024, this agenda item declares two sites – Housing Element Site 13 (Senior Center and Adjacent Land) and Housing Element Site 32 (Fire Museum) – as “Surplus Land”. In taking this action, the City Council will initiate the disposition procedures established in the Surplus Lands Act (SLA).
Recommendation:
Adopt a resolution (Attachment 1) declaring Sites 32 (Fire Museum) (Exhibit A) and 13 (Senior Center and Adjacent Land) (Exhibit B) of the Benicia Housing Element as Surplus Land.
Staff Report - Declaration of Surplus Lands
1. Resolution - Declaring Two City-Owned Properties Surplus Land
21.I - 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 8 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.J - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
22. Business Items
22.A - ROAD NETWORK PAVEMENT UPDATE (Public Works Director) This business item includes a presentation to inform the Benicia City Council on the City’s road network and pavement condition. The presentation includes potential Maintenance and Rehabilitation (M&R) scenarios based on future funding.
Recommendation:
Receive a presentation about Benicia’s road network, pavement condition, and future M&R scenarios in efforts to facilitate a dialogue between City Council and Staff to identify opportunities to improve the pavement condition of the City’s road network.
Staff Report - Road Network Pavement Update
22.B - PUBLIC HEARING #2 ON TERMS OF THE PROPOSED CHARTER FOR THE
CITY OF BENICIA FOR THE LIMITED AND SOLE PURPOSE OF ENACTING A REAL PROPERTY TRANSFER TAX (City Manager)
This meeting serves as the second public hearing as required by Government Code §34458, on Benicia’s proposed city charter and provides background on the process of the charter’s development to date.
Recommendation:
Present the ordinance containing the city charter to the public for comment and feedback prior to the ordinance’s placement on the ballot for the election occurring November 5, 2024, as required by law.
Staff Report - City Charter Public Hearing 2
9 1. Proposed City Charter
22.C - FINAL DIRECTION ON REAL PROPERTY TRANSFER TAX STRUCTURE (City Manager)
This staff report provides a summary of the discussion to date regarding the structure of the City’s proposed Real Property Transfer Tax (RPTT), and seeks Council’s final direction in developing the necessary documents to bring an RPTT measure to voters at the November 5, 2024 general election.
Recommendation:
Provide final direction on the RPTT structure that is to be placed on the November 5, 2024 ballot for voter approval.
Staff Report - Final Direction on RPTT Rate Structure
1. List of California Cities with RPPTs
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
24. Adjournment Of Regular Meeting (9:00 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