1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, 250 East L Street, Council Chamber
Benicia, CA 94510
June 7, 2022
6:00 PM
Accessing The Regular Meeting
How to Participate in the Regular 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/89111562190?pwd=UGJtYXFOVkJoVmwrWnJNNTFzd1cvUT09 • If prompted for a password, enter 231193.
• 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: 891 1156 2190 *please note this is an updated ID number*. 2 • Enter password: 231193
• 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.
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.
Public Comment For Closed Session
Public comments on the closed session items must be made in person, they will not be accepted via Zoom.
5. Adjourn To Closed Session
5.A - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): (1 potential case)
Government Code Claim dated November 11, 2022, by Gary Gregory on file with the City Clerk’s Office.
5.B - 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 Fire Fighters Association, Benicia Dispatchers Association, Benicia Supervisor and Professional Association, Middle Management Employees, Police Management Employees, Senior Management Employees, and Unrepresented Employees.
6. Reconvene Open Session
3 7. Announcement From Closed Session, If Any
8. Adjournment Of Special Meeting And Call Regular Meeting To Order (6:00 P.M.)
9. Roll Call
10. Pledge Of Allegiance
11. 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.
12. Announcements
12.A - OPENINGS ON BOARDS AND COMMISSIONS
• Arts & Culture Commission
1 Partial Term, Expiring January 31, 2024
• Building Code Board of Appeals
1 Partial Term, Expiring July 31, 2025
• Community Sustainability Commission
1 Full Student Term, Expiring July 31, 2023
• Economic Development Board
1 Full Term, Expiring July 31, 2026
• Historic Preservation Review Commission
1 Full Term, Expiring July 31, 2026
1 Partial Term, Expiring January 31, 2024
• Human Services Board
2 Full Terms, Expiring July 31, 2026
1 Partial Term, Expiring July 31, 2025
• Library Board of Trustees
3 Full Terms, Expiring July 31, 2025
4 • Parks, Recreation and Cemetery Commission
1 Full Student Term, Expiring July 31, 2023
1 Full Term, Expiring July 31, 2026
1 Partial Term, Expiring January 31, 2026
• Sky Valley Open Space Committee
1 Partial Term, Expiring January 31, 2023
12.B - 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. Adoption Of The Agenda
14. 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.
15. Written Comment
16. Public Comment
17. 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.
17.A - MINUTES FROM THE MAY 13, 2022 SPECIAL AND MAY 17, 2022 REGULAR CITY COUNCIL MEETINGS (City Clerk)
May 13 2022 Special City Council Meeting Minutes
5 May 17 2022 City Council Meeting Minutes
17.B - SECOND READING AND ADOPTION OF AN ORDINANCE TO AMEND TITLE 18 (SIGNS) (City Attorney)
The proposed changes to the City’s Sign ordinance will clarify that noncommercial signs can be located in the City’s public right of way and public property in locations approved by the City for a limited duration. The City Council conducted a public hearing and introduced the ordinance on May 17, 2022.
Recommendation:
Adopt an ordinance (Attachment 1) amending Benicia Municipal Code Title 18 (Signs) and finding the ordinance exempt under the California Environmental Quality Act.
Staff Report - Ordinance to Amend Title 18 (Signs)
1. Draft Ordinance Amending Title 18
2. Proposed Amendments to Title 18
17.C - CONSIDERATION TO ADOPT A RESOLUTION EXPANDING
TELECONFERENCE MEETING OPTIONS DURING PROCLAIMED STATE OF EMERGENCIES (City Attorney)
The State recently enacted Assembly Bill 361 (AB 361), amending the Brown Act. AB 361 allows the City to continue with virtual meetings, as long as certain findings are made that in-person meetings would present an imminent risk to the health and safety of attendees. The resolution before Council would allow the Council and Planning Commission members to participate remotely.
Recommendation:
Move to adopt a resolution (Attachment 1) to implement and utilize teleconference accessibility to conduct public meetings, pursuant to Assembly Bill 361.
Staff Report - Authorizing Teleconference Meetings to Continue
1. Resolution - Authorizing Teleconference Meetings to Continue
17.D - REVISIONS TO GENERAL FUND - FUND BALANCE RESERVE POLICY (Finance Director)
On April 19, 2022, Council approved a change to the City’s fund balance policy (policy) providing for specific Commitments/Designations to provide for specific direction relating to unassigned fund balance in a given fiscal year. Additionally, Council approved 4-votes to utilize or change the use of Commitments within the fund balance policy. Staff is bringing this policy back to Council for one small, but important, clarification as it relates to the super majority required for approval. 6 Recommendation:
Move to adopt a Resolution (Attachment 1) amending the City’s General Fund - Fund Balance Policy.
Staff Report - General Fund - Fund Balance Policy
1. Resolution - General Fund - Fund Balance Policy and Unassigned Fund Balance Designations
17.E - PROCLAIMING THE TERMINATION OF LOCAL EMERGENCY FOR WATER TREATMENT PLANT INCIDENT (City Manager)
The City Manager issued a Proclamation of Existence of a Local Emergency on May 10, 2022, effective May 8, 2022, due to the Water Treatment Plant Incident. The Proclamation was ratified by City Council on May 13, 2022. The emergency is over as of May 12, 2022, as the broken pipe at the Water Treatment Plant has been fixed. City Council may now proclaim the termination of a local emergency.
Recommendation:
Move to adopt a resolution (Attachment 1) proclaiming the termination of a Local Emergency due to the Water Treatment Plant Incident.
Staff Report - Proclaiming the Termination of a Local Emergency for Water Treatment Plant Incident
1. Resolution - Proclaiming the Termination of a Local Emergency
2. Proclamation of Existence of a Local Emergency
17.F - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
18. Business Items
18.A - AWARD CONSTRUCTION AGREEMENT FOR THE FITZGERALD FIELD
BLEACHER REPLACEMENT PROJECT, APPROVAL OF AGREEMENT TO RECEIVE
DONATION, AND APPROVAL OF NECESSARY BUDGET AMENDMENTS AND RELEASE OF FUND BALANCE COMMITMENTS (Parks and Community Services) Plans to renovate the aging Fitzgerald Field bleachers and restrooms has been underway since 2016.
Staff has conferred with user groups to determine design elements, and with Benicia Little League (BLL) and City Council to determine available funding. On May 11, 2022, sealed bids were thoroughly reviewed, and staff recommends approving an agreement with J-Walt Construction Inc. and allocating additional funds to complete the project.
Recommendation:
Move to adopt a resolution (Attachment 1) approving an agreement with J-Walt Construction, Inc. for the Fitzgerald Field Bleacher Replacement project (Attachment 2), and an agreement with Benicia Little 7 League for a donation of funding towards the project (Attachment 3) and authorize the City Manager to sign both agreements, and approving the necessary budget amendments including releasing the $1,000,000 Commitment for Fitzgerald Field and releasing $636,750 from the Commitment for Capital Projects (super majority required).
Staff Report - Fitzgerald Field Bleacher Replacement Project
1. Resolution – Construction, Donation and Budget Adjustment to Complete the Fitzgerald Field Bleacher Replacement Project
2. Agreement - J-Walt Construction, Inc.
3. Agreement - Benicia Little League
18.B - PUBLIC HEARING FOR CITY OF BENICIA LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2022-2023 (Public Works Director) The items scheduled for consideration at this meeting will complete the City’s process for levying assessments for Fiscal Year 2022-23 through the Solano County Auditor-Controller's Office for collection of the assessments with the property tax bills. Should the City Council conclude, after receiving comments from interested persons during the public hearing, that any assessment should be amended, no action should be taken on the resolution ordering the maintenance of existing improvements. Staff would then modify the report as directed and bring the matter back for final approval at a future Council meeting. However, this matter must be concluded by July 29, 2022, to meet the filing deadline with the Solano County Auditor-Controller's Office.
Recommendation:
1. Conduct a public hearing to receive oral statements and written comments concerning the City of Benicia Landscape and Lighting Assessment District for FY 2022-23.
2. At the conclusion of the public hearing, adopt the resolution (Attachment 1) ordering the maintenance of existing improvements in all five zones of the District, confirming the Assessment Diagram, approving the Engineer's Report and ordering the levy and collection of certain assessments for the City of Benicia Landscape and Lighting District for FY 2022-23.
Staff Report - Landscaping and Lighting Assessment FY 22-23
1. Resolution - Ordering Levy and Collection of Assessments
2. Resolutions - 22-52, 22-53 and 22-54
3. Landscaping and Lighting Assessment District - Engineer's Report
4. Assessment District Diagram
8 18.C - FIRST READING OF AN ORDINANCE AMENDING THE ZONING REGULATIONS (TITLE 17) OF THE BENICIA MUNICIPAL CODE PERTAINING TO DAY CARE CENTER USE IN THE OPEN SPACE DISTRICT (Community Development Director)
The applicant proposes to amend Chapter 17.36 (OS Open Space District) to conditionally permit Day Care Center uses in the Open Space (OS) District. The proposed ordinance (Attachment 1) would enable the City of Benicia to authorize a use permit for a day care center within the Northgate Christian Fellowship’s religious assembly facility at 2201 Lake Herman Road. Northgate Christian Fellowship is sited on a privately-owned property currently zoned OS. The Planning Commission, at its May 12, 2022 meeting, adopted resolutions (Attachments 2 and 3) recommending that City Council adopt the Ordinance amending Chapter 17.36 of the Benicia Municipal Code and conditionally approving a use permit, which would take effect on the effective date of the proposed ordinance.
Recommendation:
Move to waive the first reading, read by title only, and introduce an ordinance (Attachment 1) of the City Council amending Title 17 (Zoning) of the Benicia Municipal Code.
Staff Report - Day Care Center Use - Zoning Text Amendment
1. Draft Ordinance Amending Title 17
2. Excerpt Draft Minutes of the May 12, 2022 Planning Commission Hearing
3. Planning Commission Resolution Recommending Approval of a Zoning Text Amendment
4. Planning Commission Resolution Conditionally Approving a Use Permit for the Northgate Childcare Center
19. Adjournment Of Regular Meeting (9:00 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 Campbell: 707-746-4213
Council Member Strawbridge: 707-746-4213
Council Member Largaespada: 707-746-4213
Council Member Macenski: 707-746-4213