1 BENICIA CITY COUNCIL
CITY COUNCIL MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
November 19, 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:
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• 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.
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• Enter the meeting ID number: 885 0804 7557 *please note this is an updated ID number*. 2 • Enter password: 449303
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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
6.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.
7. Proclamations
7.A - PROCLAMATION - NATIVE AMERICAN HERITAGE MONTH (Equity) Proclamation - Native American Heritage Month
8. Appointments
3 9. Presentations
9.A - PAYMENT PROCESSING SERVICES (Finance Department)
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.
14.A - MINUTES FROM THE OCTOBER 1, 2024 REGULAR MEETING (City Clerk) October 1, 2024 City Council Meeting Minutes
14.B - SECOND READING OF AN ORDINANCE AMENDING CHAPTERS OF TITLE 2 (ADMINISTRATION AND PERSONNEL), CHAPTERS OF TITLE 4 (OPEN GOVERNMENT) AND CHAPTER 12.24 (TREES AND STREET TREES) OF THE
BENICIA MUNICIPAL CODE TO IMPLEMENT CHANGES TO OUR BOARDS, COMMISSIONS AND COMMITTEES (City Manager)
4 Staff is proposing amendments to the Benicia Municipal Code (BMC) to modify our advisory bodies.
The proposed amendments will reorganize our Boards, Commissions and Committees (BCCs) so they can better address the current issues and initiatives facing the City while becoming more efficient with the use of staff resources.
Recommendation:
Conduct the second reading and consider adopting the proposed Ordinance Amending Title 2 (Administration and Personnel) (Attachment 1).
Staff Report - Board and Commission Reorganization 2nd Reading.pdf
1. Proposed Ordinance Amending Title 2 (Administration and Personnel)
14.C - RESOLUTION TERMINATING THE DECLARATION OF A LOCAL EMERGENCY FOR RAW WATER TRANSMISSION LINE INCIDENT (Public Works Director)
The City Manager/Emergency Services Director issued a Proclamation of Existence of a Local Emergency on March 30, 2023, effective March 28, 2023, due to the Raw Water Transmission Line Incident. The Proclamation was ratified by City Council on April 4, 2023. the City Manager has determined that the immediate conditions of extreme peril to the safety of persons and property and other conditions caused by the emergency no longer exist, which requires the City Council to terminate of the declaration of a local emergency.
Recommendation:
Move to adopt a resolution (Attachment 1) of the City of Benicia proclaiming the termination of a Local Emergency due to the Raw Water Transmission Line Incident.
Staff Report - Resolution Terminating Declaration of Local Emergency
1. Resolution Terminating Declaration of Local Emergency
2. Proclamation of Existence of a Local Emergency
14.D - ACCEPTANCE OF THE 2024 CITYWIDE PAVEMENT REHABILITATION AND HIGHWAY SAFETY IMPROVEMENT PROGRAM CYCLE 11 PEDESTRIAN
CROSSING PROJECT (Public Works Director)
The 2024 Citywide Pavement Rehabilitation and Highway Safety Improvement Program (HSIP) Cycle 11 Pedestrian Crossing Project, Project No. 23-08 (Project) generally consists of pavement rehabilitation and pedestrian crossing improvements. The original project budget was $2,223,819.00 adopted in Resolution Number 24-34 on May 7, 2024. The final construction cost is $2,019,167.70.
Construction is now complete.
Recommendation:
5 Adopt a resolution (Attachment 1) accepting the contract change orders (Exhibit A), accepting the Project as complete, authorizing the City Manager to sign the Notice of Completion (Attachment 2), authorizing the City Clerk to file said notice with the Solano County Recorder.
Staff Report - Acceptance of 2024 Pavement Rehabilitation and HSIP Cycle 11 Ped Crossing Project
1. Resolution –2024 Pavement Rehabilitation and HSIP Cycle 11 Pedestrian Crossing Project
2. Notice of Completion
14.E - ACCEPTANCE OF THE MILITARY WEST 12-INCH WATER MAIN REPLACEMENT PROJECT (Public Works Director)
The Military West 12-Inch Water Main Replacement Project (Project), Project No. 22-29, consisted of replacing a 3,100-foot-long water main along Military West, between West 7th Street and Plaza De Oro. The construction budget was $1,484,938.00, adopted in Resolution Number 24-17 on March 19, 2024. Final construction cost is $1,315,068.01. Construction is now complete.
Recommendation:
Adopt a resolution (Attachment 1) accepting the contract change orders (Exhibit A), accepting the Project, Project No. 22-29, as complete, authorizing the City Manager to sign the Notice of Completion (Attachment 2) and authorizing the City Clerk to file said notice with the Solano County Recorder.
Staff Report - Acceptance of Military West 12-Inch Water Main Project
1. Resolution – Acceptance of Military West 12-Inch Water Main Replacement Project
2. Notice of Completion
14.F - APPROVAL OF FIRST AMENDMENT TO MASTER PROFESSIONAL
ENGINEERING SERVICES AGREEMENT FOR ON-CALL DESIGN SERVICES WITH HALEY & ALDRICH, INC. TO INCREASE PAYMENT LIMITS (Public Works Director) The City has a Master Professional Engineering Services Agreement (Agreement) with Haley & Aldrich, Inc. for on-call design services for engineering projects. An amendment to the Agreement is being requested. The payment limit threshold for the Agreement has nearly been reached and needs to be increased 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 (Attachment 3) for on-call design services with Haley & Aldrich, Inc. increasing the payment limit from $200,000 to $500,000; and authorizing the City Manager to execute the amendment on behalf of the City.
Staff Report - Haley & Aldrich, Inc. Amendment to Master Professional Agreement 6 1. Resolution – Approval of First Amendment to Agreement with Haley & Aldrich, Inc.
2. First Amendment to Agreement - Haley & Aldrich, Inc.
3. Original Master Professional Agreement - Haley & Aldrich, Inc.
14.G - APPROVAL OF FIRST AMENDMENT TO MASTER PROFESSIONAL
ENGINEERING SERVICES AGREEMENT FOR ON-CALL DESIGN SERVICES WITH CULLEN-SHERRY & ASSOCIATES, INC. TO INCREASE PAYMENT LIMITS (Public Works Director)
The City has a Master Professional Engineering Services Agreement (Agreement) with Cullen-Sherry & Associates, Inc. (CSA) for on-call design services for engineering projects. An amendment to the Agreement is being requested. The overall payment limit threshold for the Agreement has nearly been reached and needs to be increased 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 (Attachment 3) for on-call design services with CSA increasing the payment limit from $200,000 to $500,000; and authorizing the City Manager to execute the amendment on behalf of the City.
Staff Report - Cullen-Sherry & Associates, Inc. Amendment to Master Professional Agreement
1. Resolution – First Amendment to Agreement with Cullen-Sherry & Associates, Inc.
2. First Amendment to Agreement – Cullen-Sherry & Associates, Inc.
3. Original Master Professional Agreement – Cullen-Sherry & Associates, Inc.
14.H - FY 2024/25 Q1 BUDGET REPORT (Finance Director)
A first quarter (Q1) budget report of the City’s current year budget is part of the City’s on-going fiscal monitoring processes. The fiscal year (FY) 2024/25 Q1 budget report focuses on the General Fund.
Using actual revenue and expenditures from the first three months of the fiscal year, the Finance Department works with operating departments staff to forecast revenue and expenses through the end of the fiscal year. This review provides a process for the City to identify and proactively address current-year budget changes.
Recommendation:
Accept, by minute order, the FY 2024/25 Q1 Budget Report.
Staff Report - FY25 Q1 Budget Report.pdf
1. Cumulative Changes to the FY 24-25 Revised General Fund Budget as of Q1 7 14.I - APPROVAL OF AGREEMENT WITH UBEO BUSINESS SERVICES FOR DOCUMENT SCANNING FOR THE CITY MANAGER’S OFFICE AND THE COMMUNITY DEVELOPMENT DEPARTMENT (Assistant City Manager) The proposed resolution would grant the necessary budget action authorize execution of agreement to complete scanning for approximately 640 boxes of records in the City Manager’s Office (CMO) and the Community Development Department (CDD) and indexing of these records into the City’s imaging software, Laserfiche.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the agreement with UBEO Business Services for Document Scanning (Project) for the City Manager’s Office and the Community Development Department for a not-to-exceed amount of $177,922 (Attachment 2) and authorizing the City Manager to sign the agreement on behalf of the City.
Staff Report - Approval of Agreement with UBEO Business Services
1. Resolution - Approval of Agreement with UBEO Business Services
2. Agreement with UBEO Business Services
14.J - AUTHORIZING THE ACCEPTANCE OF LIBRARY “ZIP BOOKS” GRANT AND APPROVING THE NECESSARY BUDGET AMENDMENT (City Librarian) The Benicia Public Library (Library) has received grant funding from the California State Library totaling $2,449 which was awarded in September 2024 for the Zip Books Program (Program). Funds will be received and must be expended by June 30, 2025.
Recommendation:
Move to adopt a resolution (Attachment 1) authorizing the acceptance of grant funding from the California State Library (Attachment 2) for the Zip Books Program and approving the budget amendment to the Library’s Grants Fund to make the grant funds available for use in FY 24/25 and to authorize the City Librarian, Finance Director, and City Manager to sign any necessary documents on behalf of the City to secure these and subsequent funds awarded, and to appropriate the funds to the Library’s Grants budget.
Staff Report - Acceptance of Library Zip Books Grant
1. Resolution - Acceptance of Library Zip Books Grant
2. Benicia Award Letter - Zip Books Program
14.K - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
8 15. Business Items
15.A - PROVIDE DIRECTION TO STAFF REGARDING ARTS AND CULTURE COMMISSION PUBLIC ART PROJECT TO RECOGNIZE AND HONOR LGBTQ+ COMMUNITY (Community Services Director)
On February 28, 2023, City Council approved the Two-Step from Councilmember Tom Campbell to have the Art and Culture Commission (ACC) come back to City Council with a recommendation for a public art project celebrating LGBTQ+ diversity. The ACC has explored several options and is now seeking direction from Council for next steps.
Recommendation:
Receive an update from staff with recommendations from ACC and vote on a preferred direction for implementation of this project. Staff will then move forward to secure funding, finalize a location for the piece and, following the established public art program process, identify an artist(s) and design. Staff will bring the project back to Council at a future date for final approval.
Staff Report - Requesting Direction for LGBTQ Art Project
15.B - INTRODUCTION AND FIRST READING OF PROPOSED AMENDMENTS TO THE BENICIA MUNICIPAL CODE TITLE 17 (ZONING) TO UPDATE DENSITY BONUS ORDINANCE BMC SECTION 17.70.270 (Assistant City Manager) The proposed amendments to Section 17.70.270 (Density Bonus) of the Zoning Ordinance will implement the recently adopted Housing Element, Program 1.11 (Amend the Zoning Ordinance to comply with changes in the State Density Bonus law by December 2024).
Recommendation:
Conduct a public hearing, move to waive the first reading, read by title only, and introduce an Ordinance of the City Council of the City of Benicia (Attachment 1) amending existing Section of Title 17 (Zoning) of the Benicia Municipal Code.
Staff Report - Density Bonus Ordinance Update
1. Draft Ordinance - Amending Section 17.70.270 Benicia Zoning Ordinance (Title 17)
2. Planning Commission Resolution with Exhibit A - Zoning Text Amendments
3. Draft Planning Commission Meeting Minutes, October 10, 2024
15.C - WATER AND SEWER CAPACITY FEE UPDATE (Public Works Director) Water and wastewater (sewer) capacity fees were discussed at the October 1, 2024 City Council meeting. Council gave direction to staff to determine if the 2020 Water and Wastewater Capacity Fee Update can be utilized to update the fees. It has been determined, based on the Supplement to 2020 9 Water & Wastewater Capacity Fee Update dated October 31, 2024, that the 2020 Capacity Fee Update provides justification for the City to consider increasing its Water and Sewer Capacity Fees up to the maximum fee scenario levels based on 90% cost recovery plus additional adjustments to account for construction cost inflation. On November 19, 2024, Council will hold a public meeting to consider adoption of updated water and sewer capacity fees.
Recommendation:
Adopt a resolution (Attachment 1) updating the water and sewer capacity fees in accordance with the 2020 Water & Wastewater Capacity Fee Update (Attachment 2) and Supplement to 2020 Water & Wastewater Capacity Fee Update dated October 31, 2024 (Attachment 3).
Staff Report - Water and Wastewater Capacity Fee Update
1. Resolution - Water and Wastewater Capacity Fee Update
2. 2020 Water & Wastewater Capacity Fee Update - Bartle Wells Associates - November 2020
3. Supplement to 2020 Water & Wastewater Capacity Fee Update - Bartle Wells Associates - October 31, 2024
16. Council Member Committee Reports:
(Council Members serve on various internal and external committees on behalf of the City. Links to 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.)
16.A - COUNCIL MEMBER COMMITTEE REPORTS
Council Member Committee Reports
17. Adjournment (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