1 BENICIA CITY COUNCIL
CITY COUNCIL MEETING AGENDA
Benicia City Hall, 250 East L Street, Council Chamber
Benicia, CA 94510
March 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 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 currently not holding office hours due to surgery. Effective April 3rd, 2023, Mayor Young will resume 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.
6.B - OPENINGS ON BOARDS AND COMMISSIONS
Arts and Culture Commission
• 1 Partial Term, Expiring July 31, 2025
Building Code Board of Appeals
• 1 Partial Term, Expiring July 31, 2025
Community Sustainability Commission
• 1 Full Term, Expiring July 31, 2027
3 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
Parks, Recreation & Cemetery Commission
• 3 Full Terms, Expiring July 31, 2027
Planning Commission
• 1 Partial Term, Expiring January 31, 2026
Sky Valley Open Space Committee
• 1 Full Term, Expiring July 31, 2027
7. Proclamations
7.A - PROCLAMATION - ROGER STRAW - RETIREMENT (City Manager's Office) Proclamation - Roger Straw - Retirement
7.B - PROCLAMATION - AMERICAN RED CROSS MONTH - MARCH 2023 (City Manager's Office)
Proclamation - American Red Cross Month
8. Appointments
9. Presentations
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.
4 - 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 FEBRUARY 28, 2023, AND MARCH 7, 2023, REGULAR CITY COUNCIL MEETINGS (City Clerk)
February 28, 2023, City Council Meeting Minutes
March 7, 2023, City Council Meeting Minutes
14.B - APPROVE A SPECIAL PERMIT FOR A DRIVEWAY EXPANSION MORE THAN TWENTY FEET WIDE AT 797 ROSE DRIVE (Public Works Director) Benicia Municipal Code Section 12.16.240 (BMC 12.16.240) Driveway specifications, paragraph K (BMC 12.16.240 ) requires that any proposed driveway, greater than twenty feet in width as measured at the curb, is required to obtain City Council approval and an order of issuance of a special permit allowing such driveway width.
BMC 12.16.240 K requires that applications for such special permits first be made to the Planning Commission who shall recommend to the Council the granting or denial of the same. This application was reviewed by Planning Commission and the recommendation to City Council to approve the special permit was forwarded onto this agenda.
Recommendation:
Adopt a resolution (Attachment 1) approving a Special Permit under Benicia Municipal Code Section
12.16.240 Driveway Specifications for a driveway expansion more than twenty feet wide at 797 Rose Drive.
Staff Report - Approval of a Driveway Expansion at 797 Rose Drive
1. Resolution – Approval - Special Permit Driveway Expansion - 797 Rose Drive
14.C - WATER SUPPLY PROCUREMENT (Public Works Director) 5 The City of Benicia experienced a significant multi-year drought and needs to purchase additional water to bolster its stored water supplies while reducing reliance on the Sacramento-San Joaquin Delta. The University of California, Davis (UC Davis) is offering to sell 2,000 acre-feet of Solano Project water to the City which will achieve both these objectives.
Recommendation:
Move to adopt a resolution (Attachment 1) authorizing a supplemental water purchase from UC Davis at a not-to-exceed cost of $400,000 and approving the necessary budget adjustment.
Staff Report - Water Supply Procurement
1. Resolution - Water Supply Procurement
14.D - ACCEPTANCE OF THE EAST H STREET SANITARY SEWER MAIN REPAIR PROJECT (Public Works Director)
The East H Street Sanitary Sewer Main Repair Project (Project) replaced approximately 180 feet of 24-inch sewer pipe on East H Street east of East Seventh Street. and is ready to be accepted as complete.
Recommendation:
Adopt a resolution (Attachment 1) accepting the East H Street Sanitary Sewer Main Repair Project as complete, authorizing the Interim 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 the East H Street Sanitary Sewer Main Repair Project
1. Resolution - Acceptance of the East H Street Sanitary Sewer Main Repair Project
2. Notice of Completion - Acceptance of East H Street Sanitary Sewer Main Repair Project
14.E - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
15. Business Items
15.A - 2022 GENERAL PLAN AND HOUSING ELEMENT ANNUAL PROGRESS REPORT (Community Development Director)
Section 65400 of the California Government Code requires that cities submit a General Plan and Housing Element Annual Progress Report (Annual Report) detailing their progress towards implementation of established General Plan goals, including the adopted Housing Element. The Annual Report is submitted to the Governor’s Office of Planning and Research (OPR) and the Department of 6 Housing and Community Development (HCD) by April 1st of each year. Each year, this report is reviewed by the Planning Commission and Council.
Recommendation:
Accept the 2022 General Plan and Housing Element Annual Progress Report (Attachment 1).
Staff Report - General Plan and Housing Element Annual Progress Report
1. General Plan and Housing Element Annual Progress Report
15.B - FY 2022-23 MID-YEAR BUDGET REVIEW, USE OF THE COMMITMENT FOR CAPITAL PROJECTS, AND NECESSARY BUDGET AMENDMENTS (Finance Director) A mid-year review of the City’s fiscal status, focusing particularly on the General Fund, is part of the City’s on-going fiscal monitoring process. Using actual revenue and expenditures from the first six months of the fiscal year, the Finance Department works with department staff to forecast revenue and expenditures through the end of the fiscal year. This review provides the best process for the City to try to address any current-year budget concerns prior to the year-end review. Additionally, staff is recommending budget amendments related to unforeseen issues throughout the fiscal year primarily related to the damage to the pedestrian bridge and legal services related to current litigation.
Recommendation:
Through two separate motions:
1. Adopt a resolution (Attachment 1) approving the necessary budget amendments outlined in the Mid-Year Budget Amendments Table (Exhibit A) related to the review of FY 2022/23 budget; and
2. Adopt a resolution (Attachment 2) approving use of $1 million of the Commitment for Capital Projects to be transferred to the Marina Fund to offset legal and related costs pertaining to this city owned asset (4/5 vote required, or a majority if not all five Councilmembers are present).
Staff Report - FY 2022-23 Mid-Year Budget Review and Budget Actions
1. Resolution - Mid-Year Budget Amendments
2. Resolution - FY 2022-23 Use of Capital Commitment
3. Mid-Year Budget Memo
16. 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.)
16.A - COUNCIL MEMBER COMMITTEE REPORTS
Committee Report - Marin Clean Energy
7 Committee Report - Sky Valley Open Space
Committee Report - Solano County Water Agency
Committee Report - Solano Transportation Authority
Committee Report - Traffic, Pedestrian, Bicycle and Safety Committee Report - Tri City Cooperative Planning Group - Solano Open Space
17. Adjournment (8:30 P.M.)
8 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 9 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