1 BENICIA CITY COUNCIL
CITY COUNCIL MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
September 3, 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 To Order (6:00 P.M.)
2. Convene Open Session
3. Roll Call
4. Pledge Of Allegiance
5. 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.
6. Announcements
7. Proclamations
7.A - PROCLAMATION - SUICIDE PREVENTION MONTH - SEPTEMBER 2024 (City Manager's Office)
Proclamation - Suicide Prevention Month - September 2024
8. Appointments
8.A - CITY COUNCIL APPOINTMENTS; SUBCOMMITTEE’S RECOMMENDATIONS
TO THE MAYOR FOR BOARDS, COMMISSIONS AND COMMITTEES
City Council Appointment Subcommittee Recommendations
3 Alicia Garcia-Romero - CSC_Redacted
Andre Stewart_Redacted
Anika Jadhav - CSC_Redacted
Atiba Murphey - Housing Authority_Redacted
Brandon Marshall - Planning Commission_Redacted
Chad Lum - EDB_Redacted
Christiana Correale_Redacted
Christina Gilpin-Hayes_Redacted
David DeLong - Building Board of Appeals_Redacted
Emma Avila_Redacted
Evan Gorman - Planning_Redacted
Gilbert von Studnitz - Housing Authority_Redacted
Hannah Rice - Economic Development Board_Redacted
Juliet Marks - Housing Authority_Redacted
Kyla Cooley_Redacted
Lisa Toomey_Redacted
Lori Brinkerhoff - Housing Authority_Redacted
Luis Delgado_Redacted
Misty Bostater - Housing Authority_Redacted
Nandi Loggins_Redacted
Norma Morales Perez - EDB_Redacted
Pat Plant_Redacted
Patrick Donahue - Planning_Redacted
4 Raquel Walsh - Housing Authority_Redacted
Ruth Workman - Board of Library Trustees_Redacted
Tim Reynolds - Housing Authority_Redacted
Todd Hickey - Board of Library Trustees_Redacted
9. Presentations
9.A - STRATEGIC PLAN AT THE BAY AREA AIR DISTRICT (City Manager's Office and Dr. Philip Fine, BAAQMD)
9.B - BELIEVEINBENICIA.ORG (Economic Development)
10. Adoption Of Agenda
11. 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.
12. Written Comment
13. Public Comment
14. 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.
5 14.A - MINUTES FROM THE JULY 16, 2024 AND AUGUST 6, 2024 SPECIAL AND REGULAR MEETINGS (City Clerk)
July 16, 2024 City Council Meeting Minutes
August 6, 2024 Special City Council Meeting Minutes
14.B - APPROVAL OF AGREEMENTS BETWEEN THE CITY OF BENICIA AND
BENICIA PUBLIC SERVICE EMPLOYEE ASSOCIATION, BENICIA SUPERVISORS AND PROFESSIONALS ASSOCIATION, BENICIA POLICE OFFICER’S ASSOCIATION,
BENICIA DISPATCHERS ASSOCIATION, AND UNREPRESENTED MANAGEMENT GROUPS (Human Resources Manager)
The City’s Memorandums of Understanding (MOUs) with the Benicia Public Service Employee Association (BPSEA), the Benicia Supervisors and Professionals Association (BSPA), Benicia Police Officer’s Association (BPOA), Benicia Dispatchers Association (BDA), and agreements with unrepresented management groups expired on June 30, 2024. The City has reached tentative agreements on two-year successor MOUs with the BPSEA, BSPA, BPOA, BDA, and agreements with the unrepresented management groups. The associations, where applicable, have ratified their tentative agreements.
Recommendation:
Through separate motions, move to adopt:
1. A resolution (Attachment 1) approving the June 21, 2024 through June 20, 2026 agreements between the City of Benicia and BPSEA, BSPA, BPOA, BDA, and the agreements with Police Managers, Mid-Managers and Senior Managers (Exhibit A) along with approving a budget amendment of $1,730,000; and
2. A resolution (Attachment 2) approving and adopting publicly available pay schedules (Exhibit A) in accordance with the California Code of Regulations, Title 2, Section 570.5; and
3. A resolution (Attachment 3) authorizing the release of the Assignment for Employee Salary Adjustment in the amount of $509,865.50; and
4. A resolution (Attachment 4) authorizing the release of the Employee Recruitment/Retention Designation in the amount of $223,296 (4/5 vote required, or a majority if not all five Council Members are present).
Staff Report - Agreements and Salary Schedule
1. Resolution - Approval of Agreements
2. Resolution - Salary Schedules
3. Resolution – Release – Assignment for Employee Salary Adjustments
4. Resolution – Release – Employee Recruitment Retention Designation 6 14.C - APPROVAL OF A BUDGET AMENDMENT FOR THE 2025 CITYWIDE PAVEMENT REHABILITATION PROJECT (Public Works Director) The First Street Gazebo Replacement Project was originally approved by Council in 2017 to be funded with revenue from Measure C. The First Street Gazebo Project was allocated a total of $200,000 per Resolutions 17-093 and 18-029; however, the total allocation was inadequate to complete the project due to increased construction costs and the project has been dormant since 2018. Staff recommend reassigning the $200,000 allocation to the 2025 Citywide Pavement Rehabilitation Project.
Recommendation:
Move to adopt a resolution (Attachment 1) approving a budget amendment in the amount of $200,000 for the 2025 Citywide Pavement Rehabilitation Project and authorizing the Finance Director to make the necessary transfers.
Staff Report - Budget Amendment 2025 Pavement Rehabilitation Project
1. Resolution – Budget Amendment - 2025 Citywide Pavement Rehabilitation Project
14.D - APPROVAL OF BUDGET AMENDMENT FOR THE WASTEWATER
TREATMENT PLANT PRIMARY TREATMENT REHABILITATION PROJECT (Public Works Director)
Construction is underway for the Wastewater Treatment Plant (WWTP) Primary Treatment Rehabilitation Project (Project). The current contract amount, including a 15% contingency, is $3,369,000. Due to unforeseen repairs, needs identified during construction, and delays in equipment shipping, the project is expected to go over budget by approximately $275,300. Staff is requesting additional funds via a budget amendment before proceeding with the extra work and completion of construction. The final construction cost will be documented via Contract Change Order(s).
Recommendation:
Move to adopt a resolution (Attachment 1) approving a budget amendment of $275,300 for the construction of the WWTP Primary Treatment Rehabilitation Project and authorizing the City Manager to sign change orders up to $715,050 for a total not-to-exceed amount of $3,644,300.
Staff Report - Approval of Budget Amendment WWTP Primary Project
1.Resolution – Budget Amendment WWTP Primary Treatment Rehab Project
14.E - ACCEPTANCE OF THE R2 WATER RESERVOIR RECOATING PROJECT (Public Works Director)
The R2 Water Reservoir Recoating Project (Project), Project No. 19-09, consisted of removing and replacing the coating of the water tank located at 2450 East Second Street. The original construction budget was $1,830,000, adopted in Resolution Number 23-128 on October 3, 2023. Construction is now complete.
7 Recommendation:
Adopt a resolution (Attachment 1) accepting the contract change orders (Exhibit A), accepting the Project, Project No. 19-09, as complete, authorizing the City Manager to sign the Notice of Completion (Attachment 2) and authorizing the City Clerk to file a said notice with the Solano County Recorder.
Staff Report - Acceptance of R2 Water Reservoir Recoating Project
1. Resolution - Acceptance of R2 Water Reservoir Recoating Project
2. Notice of Completion
14.F - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
15. Business Items
15.A - APPROACH TO IMPLEMENTATION OF HOUSING ELEMENT PROGRAM 2.04, AFFIRMATIVELY FURTHERING FAIR HOUSING (Assistant City Manager) This agenda item follows on the City Council discussion of June 25, 2024 to provide additional information and seek confirmation of the City Council’s direction concerning implementation of Housing Element Program 2.04, which requires the City to rezone a site or sites to accommodate feasible development of 75 units of lower-income housing (defined as a density of up to 30 du/ac).
Recommendation:
Based upon timeline and budgetary considerations, focus rezoning efforts on the Columbus Parkway site (Option 2) and direct staff to return to Council for approval of a budget amendment to initiate the work.
Staff Report- Program 2.04 Update
1. Constraints Diagram – Hastings Open Space (Option 1)
2. Constraints Map - Columbus Parkway (Option 2)
3. Vicinity Map – Columbus Parkway (Option 2)
16. Adjournment (8:30 P.M.)
8 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 9 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