1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
September 17, 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
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 (5:30 P.M.)
6.A - CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (BCDC Cease and Desist and Civil Penalty Order CCD2022.007.01, BCDC Permit No. 1977.021.08.)
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.
14. Proclamations
14.A - PROCLAMATION - UNITED AGAINST HATE WEEK - SEPTEMBER 21-27, 2024 (City Manager's Office)
Proclamation - United Against Hate Week - September 21-27, 2024
15. Appointments
15.A - MAYOR'S REAPPOINTMENT OF TODD HICKEY TO THE BOARD OF LIBRARY TRUSTEES FOR A FULL-TERM ENDING JULY 31, 2027
1. Resolution - Hickey - Board of Library Trustees
15.B - MAYOR'S REAPPOINTMENT OF RUTH WORKMAN TO THE BOARD OF LIBRARY TRUSTEES FOR A FULL-TERM ENDING JULY 31, 2027
1. Resolution - Workman - Board of Library Trustees
15.C - MAYOR’S REAPPOINTMENT OF DAVID DELONG TO THE BUILDING BOARD OF APPEALS FOR A FULL-TERM ENDING JULY 31, 2028
1. Resolution - DeLong - Building Board of Appeals
4 15.D - MAYOR’S APPOINTMENT OF ALICIA GARCIA-ROMERO TO THE
COMMUNITY SUSTAINABILITY COMMISSION FOR A FULL-TERM ENDING JULY 31, 2028
1. Resolution - Garcia-Romero - Community Sustainability Commission
15.E - MAYOR’S APPOINTMENT OF ANIKA JADHAV TO THE COMMUNITY SUSTAINABILITY COMMISSION FOR A STUDENT TERM ENDING JULY 31, 2025
1. Resolution - Jadhav - Community Sustainability Commission
15.F - MAYOR’S APPOINTMENT OF HANNAH RICE TO THE ECONOMIC DEVELOPMENT BOARD FOR A FULL-TERM ENDING JULY 31, 2028
1. Resolution - Rice - Economic Development Board
15.G - MAYOR’S APPOINTMENT OF CHAD LUM TO THE ECONOMIC
DEVELOPMENT BOARD FOR A FULL-TERM ENDING JULY 31, 2028
1. Resolution - Lum - Economic Development Board
15.H - MAYOR’S REAPPOINTMENT OF NORMA MORALES-PEREZ TO THE ECONOMIC DEVELOPMENT BOARD FOR A FULL-TERM ENDING JULY 31, 2028
1. Resolution - Morales-Perez - Economic Development Board
15.I - MAYOR’S REAPPOINTMENT OF TIM REYNOLDS TO THE HISTORIC PRESERVATION REVIEW COMMISSION FOR A FULL-TERM ENDING JULY 31, 2028
1. Resolution - Reynolds - Historic Preservation Review Commission
15.J -MAYOR’S REAPPOINTMENT OF GILBERT VON STUDNITZ TO THE HISTORIC PRESERVATION REVIEW COMMISSION FOR A FULL-TERM ENDING JULY 31, 2028
1. Resolution - von Studnitz - Historic Preservation Review Commission
15.K - MAYOR’S REAPPOINTMENT OF MISTY BOSTATER TO THE HOUSING AUTHORITY BOARD FOR A TENANT TERM ENDING JULY 31, 2026
1. Resolution - Bostater - Housing Authority Board
15.L - MAYOR’S APPOINTMENT OF LORRI BRINKERHOFF TO THE HOUSING AUTHORITY BOARD FOR A FULL-TERM ENDING JULY 31, 2028
5 1. Resolution - Brinkerhoff - Housing Authority Board
15.M - MAYOR’S APPOINTMENT OF JULIET MARKS TO THE HOUSING AUTHORITY BOARD FOR A FULL-TERM ENDING JULY 31, 2028
1. Resolution - Marks - Housing Authority Board
15.N - MAYOR’S REAPPOINTMENT OF ATIBA MURPHY TO THE HOUSING AUTHORITY BOARD FOR A TENANT TERM ENDING JULY 31, 2026
1. Resolution - Murphy - Housing Authority Board
15.O - MAYOR’S REAPPOINTMENT OF RAQUEL WALSH TO THE HOUSING AUTHORITY BOARD FOR A FULL-TERM ENDING JULY 31, 2028
1. Resolution - Walsh - Housing Authority Board
15.P - MAYOR’S APPOINTMENT OF CHRISTINA GILPIN-HAYES TO THE PLANNING COMMISSION FOR A FULL-TERM ENDING JULY 31, 2028
1. Resolution - Gilpin-Hayes - Planning Commission
15.Q - MAYOR’S APPOINTMENT OF EVAN GORMAN TO THE PLANNING COMMISSION FOR A FULL-TERM ENDING JULY 31, 2028
1. Resolution - Gorman - Planning Commission
15.R - MAYOR’S APPOINTMENT OF BRANDON MARSHALL TO THE PLANNING COMMISSION FOR A FULL-TERM ENDING JULY 31, 2028
1. Resolution - Marshall - Planning Commission
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:
6 - 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 - ACCEPTANCE OF THE WASTEWATER TREATMENT PLANT SOLIDS HANDLING BUILDING PLATFORM REPLACEMENT PROJECT (Public Works Director)
The Wastewater Treatment Plant Solids Handling Building Platform Replacement Project (Project), Project No. 19-10, consisted of demolition of a carbon steel access platform and replacement with a new aluminum access platform. The original construction budget was $250,000, adopted in Resolution Number 23-71 on June 20, 2023. Construction is now complete.
Recommendation:
Adopt a resolution (Attachment 1) accepting the contract change order (Exhibit A), accepting the Project, Project No. 19-10, 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 WWTP Solids Handling Platform Replacement Project
1. Resolution – WWTP Solids Handling Building Platform Replacement Project
2. Notice of Completion
21.B - APPROVAL OF A BUDGET AMENDMENT FOR IMPLEMENTATION OF HOUSING ELEMENT PROGRAM 2.04, AFFIRMATIVELY FURTHERING FAIR HOUSING (Asst. City Manager)
This agenda item would authorize a budget amendment to fund the implementation of Housing Element Program 2.04, Affirmatively Furthering Fair Housing.
Recommendation:
7 Move to adopt a resolution (Attachment 1) authorizing a partial release of funds from the Planning and Community Development Designation in the amount of $85,000 (4/5 vote required, or a majority if not all five Council Members are present), approving a budget amendment in same amount for Planning Division professional services, and authorizing the Finance Director to make the necessary amendments.
Staff Report - HE Program 2.04 Budget Amendment
1. Resolution – Budget Amendment - Housing Element Program 2.04 Implementation
21.C - 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.D - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
22. Business Items
22.A - APPROVING A PROJECT LABOR AGREEMENT WITH THE NAPA-SOLANO
BUILDING AND CONSTRUCTION TRADES COUNCIL AND ITS AFFILIATED UNIONS (City Manager)
Adopt a Resolution approving a Project Labor Agreement (PLA) to promote the efficiency of construction operations for the City of Benicia through use of skilled labor, while upholding quality construction outcomes, and providing for the orderly settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of approved projects.
Recommendation:
8 Move to adopt a resolution (Attachment 1) approving a Project Labor Agreement with the Napa-Solano Building and Construction Trades Council (NSBCTC) and its affiliated local Unions (Attachment 2) and authorizing the City Manager to execute the agreement on behalf of the City.
Staff Report - Project Labor Agreement
1. Resolution - Benicia Project Labor Agreement
2. Benicia Project Labor Agreement
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 (7:30 P.M.)
9 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 10 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