1 BENICIA CITY COUNCIL
SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, 250 East L Street, Council Chamber
Benicia, CA 94510
February 21, 2023
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.
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 (4:30 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 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.
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.
13.B - OPENINGS ON BOARDS AND COMMISSIONS
Openings on Boards & Commissions
• Arts and Culture Commission
1 Partial Term, Expiring July 31, 2025
• Building Code Board of Appeals
1 Partial Term, Expiring July 31, 2025
• Human Services Board
1 Partial Term, Expiring July 31, 2026
• Open Government Commission
1 Partial Term, Expiring January 31, 2025
1 Partial Term, Expiring January 31, 2026
1 Partial Term, Expiring July 31, 2025
• Planning Commission
1 Partial Term, Expiring July 31, 2026
• Sky Valley Open Space Committee
1 Full Term, Expiring January 31, 2027
4 14. Proclamations
15. Appointments
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:
- 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 JANUARY 31, 2023, FEBRUARY 2, 2023, FEBRUARY 7, 2023, AND FEBRUARY 13, 2023, SPECIAL AND REGULAR CITY COUNCIL MEETINGS (City Clerk)
January 31, 2023, City Council Meeting Minutes
February 2, 2023, Special City Council Meeting Minutes
February 7, 2023, City Council Meeting Minutes
5 February 13 2023, Special City Council Meeting Minutes
21.B - REQUEST FOR APPROVAL OF CHANGE ORDER 3 IN THE AMOUNT OF $189,800 TO THE CONTRACT WITH KEREX ENGINEERING, INC. AND AUTHORIZING AN OVERALL BUDGET OF $872,600 TO COMPLETE THE EAST H STREET SANITARY SEWER MAIN REPAIR PROJECT (Public Works Director) The East H Street Sanitary Sewer Main Repair Project began as a spot repair on the existing 24-inch diameter, cast iron, sanitary sewer main located on East H Street approximately 180 feet east of East Seventh Street. This portion of sewer main is critical to sewer collection and treatment since it transfers virtually all the effluent from the east side of the City to the City’s Wastewater Treatment Plant.
Recommendation:
Adopt a resolution (Attachment 1) authorizing approval of Change Order 3 (Attachment 2) in the amount of $189,800 to the contract with Kerex Engineering, Inc. and authorizing an overall project budget of $872,600 to complete the East H Street Sanitary Sewer Main Repair Project.
Staff Report - Change Order 3 to the East H Street Sanitary Sewer Main Repair Project
1. Resolution – Contract Change Order 3 - East H Street Sanitary Sewer Main Repair Project
2. Contract Change Order 3
21.C - FY 2022-23 SECOND QUARTER INVESTMENT REPORT (Interim Finance Director)
The Second Quarter Investment Report for the quarter that ended December 31, 2022, follows the City's Investment Policy and California Law. Additionally, the City has adequate investments to meet its expenditure needs for the next six months. This report has been reviewed by the City Treasurer.
Recommendation:
Move to accept the Second Quarter Investment Report for the quarter that ended December 31, 2022 (Attachment 1).
Staff Report - FY 2022-23 Second Quarter Investment Report
1. FY 2022-23 Second Quarter Investment Report
2. FY 2022-23 LAIF Statement Ending December 31
3. FY 2022-23 CAMP Statement Ending December 31
4. FY 2022-23 115 Trust Statement Ending December 31
6 21.D - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
22. Business Items
22.A - STUDY SESSION DISCUSSION OF ZERO EMISSION VEHICLES AND CHARGING STATIONS (Public Works Director)
One hundred percent of new vehicles sold in California will be all-electric by 2035. The City of Benicia does not have a plan to meet this goal. Staff is seeking input from City Council and the public on how to transition to a zero-emission fleet and make strategic investments in the community to prepare for privately owned zero-emission vehicles transiting throughout the City.
Recommendation:
Hold a study session to receive a presentation by staff, accept public comment, and provide feedback and direction to staff on key topic areas related to zero-emission vehicles and associated infrastructure.
Staff Report - Guidance on Zero-Emission Vehicles
22.B - COUNCILMEMBER REVIEW REQUEST OF A DECISION ON A DESIGN REVIEW APPLICATION FOR 257 WEST H STREET; DETERMINATION THAT THE
ACTION IS CATEGORICALLY EXEMPT FROM CEQA, PURSUANT TO STATE CEQA GUIDELINES SECTION 15331 (Community Development Director) On November 17, 2022, the Historic Preservation Review Commission (HPRC) approved a Design Review application for exterior alterations to a historic home at 257 West H Street, with conditions that required the exclusion of design elements that the Commission found did not meet the required criteria for approval, namely window alterations and a widow’s walk. Project architect Steve McKee appealed this decision on December 5, 2022, which was reviewed and subsequently denied by the Planning Commission following a public hearing on January 12, 2023. In accordance with Benicia Municipal Code (BMC) Section 1.44.030, Council will consider the review request made by Mayor Young to review the Planning Commission’s decision. Council will consider the review request pursuant to BMC Section 1.44.030.
Recommendation:
Staff recommends that Council conduct the public hearing and take one of the following three actions.
1. Uphold the decisions of the Planning Commission and the HPRC and adopt a resolution to approve the Design Review application for 257 West H Street with the exception of the four window alterations and the widow’s walk and include a condition that those features be excluded from the plans submitted for a building permit (Attachment 1); or
2. Adopt a resolution approving the Design Review application for 257 West H Street with exception of the widow’s walk and include a condition that the widow’s walk be excluded from the plans submitted for a building permit (Attachment 2); or 7 3. Adopt a resolution approving the Design Review application for 257 West H Street as submitted, including the four window alterations and the widow’s walk (Attachment 3).
Staff Report - 257 West H Street
1. Resolution - Excluding Widow’s Walk and Windows
2. Resolution - Excluding Widow’s Walk
3. Resolution - Approve Project as Submitted
4. HPRC Staff Report, November 17, 2022 (Without Attachments)
5. HPRC Resolution No. 22-16
6. Draft Minutes - November 17th HPRC Meeting
7. Applicant’s Appeal Application, December 5, 2022
8. Planning Commission Staff Report, January 12, 2023 (Without Attachments)
9. Planning Commission Resolution No. 23-2
10. Review Request, January 23, 2023
11. Photos - Proposed Changes to the Windows
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
Committee Report - Marin Clean Energy
Committee Report - Sky Valley Open Space
Committee Report - Solano County Water Agency
Committee Report - Solano Transportation Authority
Committee Report - Traffic Pedestrian Bicycle Safety Committee Report Committee Report - Tri City Cooperative Planning Group - Solano Open Space 8 24. Adjournment Of Regular Meeting (8:30 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