1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
October 1, 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 LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One potential case)
1. Valero Benicia Refinery Comments on ISO Draft 08.16.24
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 - DOMESTIC VIOLENCE AWARENESS MONTH Proclamation - Domestic Violence Awareness Month
15. Appointments
16. Presentations
16.A - RAW WATER TRANSMISSION LINE UPDATE (Public Works)
16.B - RESILIENCY PLAN UPDATE (City Manager's Office)
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 4 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 AUGUST 20, 2024, SEPTEMBER 3, 2024 AND SEPTEMBER 17, 2024 SPECIAL AND REGULAR MEETINGS (City Clerk) August 20, 2024 City Council Meeting Minutes
September 3, 2024 City Council Meeting Minutes
September 17, 2024 City Council Meeting Minutes
21.B - APPROVAL OF PROPOSED SECOND AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT WITH T-MOBILE WEST, LLC LOCATED AT 1471 PARK ROAD (Economic Development Manager)
A second amendment to the Site Lease Agreement (Agreement) with T-Mobile West, LLC (T-Mobile) is needed in order to extend the current Agreement by five (5) years. The current Agreement expires April 1, 2026. Beginning April 2, 2026, the term of this Agreement is five (5) years expiring April 1, 2031 and the Agreement will be automatically renewed for up to five (5) additional terms of five (5) years each.
Recommendation:
Adopt a resolution (Attachment 1) approving the second amendment (Attachment 2) to the Site Lease Agreement with T-Mobile West, LLC (Attachment 3) renewing the Agreement for a term of five (5) years and automatic renewals for up to five (5) additional terms of five (5) years each, and authorizing the City Manager to sign the amendment on behalf of the City. 5 Staff Report - Second Amendment to Lease Agreement, T-Mobile
1. Resolution - Second Amendment to Lease Agreement, T-Mobile
2. Second Lease Amendment to Lease Agreement - T-Mobile
3. Lease Agreement - T-Mobile
4. First Amendment to Lease Agreement - T-Mobile
21.C - APPROVAL OF BUDGET AMENDMENTS FOR THE PRIORITY PRODUCTION
AREA GRANT AND AWARD CONSULTANT AGREEMENT FOR THE PORT OF BENICIA FACILITIES AND INFRASTRUCTURE MODERNIZATION PLAN (Deputy City Manager)
The City of Benicia applied for, and was awarded, a grant for the Port of Benicia Facilities (Port) and Infrastructure Modernization Plan from the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG) in the amount of $750,000. Council approval of related budget amendments in the FY 2024-25 budget is being requested, along with approval of a consultant agreement with GHD, Inc. to perform the work.
The work entails preparation of a Port of Benicia Facilities and Infrastructure Modernization Plan with key deliverable assessment and planning documents for the Planning Commission and City Council to adopt and use as a roadmap for infrastructure improvements, investments and modernization which will revitalize the Port as part of the City's Priority Production Area.
Recommendation:
Move to adopt a resolution (Attachment 1) awarding a consultant agreement with GHD, Inc. (Attachment 2) for the Port of Benicia Facilities and Infrastructure Modernization Plan at a not-to-exceed cost of $750,000, approving a budget amendment for the Priority Production Area (PPA) Grant increasing revenue and expenditure budgets by $350,000 in FY 2024-25 (Attachment 3), delegating the Finance Director the authority to make the necessary revenue and expenditure increases associated with the Grant and change the allocation of grant budgets between fiscal years if needed and authorizing the City Manager to sign the Agreement on behalf of the City.
Staff Report - Accept PPA Grant and Award Consultant Agreement to GHD for the Port Modernization
1. Resolution – Agreement – GHD, Inc. - Port of Benicia Facilities and Infrastructure Modernization Plan
2. GHD, Inc. Agreement and Scope of Work
3. PPA Grant Award - MTC - Port of Benicia Facilities and Infrastructure Modernization Plan
4. Resolution No. 19-116 - Priority Production Area Nomination 6 21.D - AUTHORIZATION FOR SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF BENICIA IS ELIGIBLE (Public Works Director)
This action allows the City Manager, or designee, to execute applications for grant programs (grants) through the Department of Resources Recycling and Recovery (CalRecycle) on behalf of the City for all grants in which the City of Benicia is eligible.
Recommendation:
Adopt a resolution (Attachment 1) authorizing the submittal of application(s) for grants made available through CalRecycle in which the City is eligible, authorizing the City Manager or designee to sign all grant documents on behalf of the City effective for (5) years from the date of adoption.
Staff Report - CalRecycle Grant Authorization
1. Resolution - CalRecycle Grant Authorization
21.E - RESPONSE TO THE 2023-2024 GRAND JURY REPORT REGARDING SOLANO
COUNTY CANINE OFFICER TRAINING, HANDLING & END OF CAREER POLICIES (Police Chief)
The 2023-2024 Solano County Civil Grand Jury (Grand Jury) requested information from various law enforcement agencies in Solano County about the employment, training, handling, and end of career policies regarding Canine Officers and Peer Support Canines. The Grand Jury issued a report outlining their findings and recommendations titled “Solano County Canine Officer Training, Handling & End of Career Policies”. Per the report, the Benicia Police Chief has prepared a response to the Grand Jury report as required by Penal Code §933.05. The City Council must first approve the response.
Recommendation:
Move to approve the Police Chief’s response (Attachment 1) to the 2023-2024 Solano County Grand Jury Report titled “Solano County Canine Officer Training, Handling & End of Career Policies” (Attachments 2 and 3).
Staff report - Grand Jury Response - Canine Policies
1. Cover Letter Conveying the Grand Jury Report to the City of Benicia
2. Email Granting Extension to Deadline to Submit Written Response
3. 2023-2024 Solano County Grandy Jury Report
4. Proposed Response Letter from Police Chief and City of Benicia
21.F - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
7 22. Business Items
22.A - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING SECTION 3.22.070 OF CHAPTER 3.22 OF TITLE 3 OF THE
BENICIA MUNICIPAL CODE TO REVISE THE USE TAX RATE TO REFLECT THE VOTERS’ APPROVAL OF MEASURE B (City Manager)
- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING SECTION 3.22.070 OF CHAPTER 3.22 OF TITLE 3 OF THE BENICIA MUNICIPAL CODE TO REVISE THE USE TAX RATE TO REFLECT THE VOTERS’ APPROVAL OF MEASURE B (City Manager)
The proposed Urgency Ordinance amends section 3.22.070 of Chapter 3.22 of Title 3 of the Benicia Municipal Code regarding the use tax rate. This ordinance is recommended for immediate adoption by a 4/5 vote of the City Council in order to preserve the public peace, health, and safety.
Staff also recommends the City Council adopt the same ordinance by the usual method of two readings followed by an effective date thirty days thereafter. This will ensure that the ordinance will take effect in case the urgency ordinance is challenged and found to be invalid. Therefore, staff recommends the City Council adopt a first reading of the ordinance, with a second reading to follow at the next City Council meeting.
Recommendation:
1. Introduce and adopt the Urgency Ordinance by a 4/5 vote.
2. Introduce and give first reading to the Non-Urgency Ordinance and direct staff to return to Council at the next regularly scheduled meeting for second reading and adoption.
Staff Report - Amendment to Benicia Municipal Code Section 3.22.070 Tranaction Tax Rate
1. Urgency Ordinance Amending Section 3.22.070 of the Benicia Municipal Code
2. Ordinance Amending Section 3.22.070 of the Benicia Municipal Code
22.B - DISCUSSION OF WATER AND WASTEWATER CAPACITY FEES (Public Works Director)
A discussion on the water and wastewater capacity fees will be held on October 1, 2024. Staff is seeking direction from City Council on potential changes to capacity fees.
Recommendation:
Discuss with staff and provide direction to staff on how to proceed with water and wastewater capacity fee updates.
Staff Report - Water and Wastewater Capacity Fees
8 1. 2020 Water and Wastewater Capacity Fee Update – Bartle Wells Associates
2. Staff Report January 5, 2021 – Adopting Nexus Studies and Updating Citywide Impact Fee Levels
3. Resolution No. 21-1
4. Resolution No. 21-2
5. Resolution No. 21-3
23. Adjournment Of Regular Meeting (8:00 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