1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
March 5, 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 Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (one potential case)
6.B - CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (City of Benicia v. Jason Diavatis, Solano County Superior Court Case No.
FCS056113)
7. Reconvene Open Session
3 8. Announcement From Closed Session, If Any
9. Adjournment Of Special Meeting And Call Regular Meeting To Order (6:00 P.M.)
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
Current and Upcoming Openings - Boards and Commissions
14. Proclamations
14.A - PROCLAMATION - AMERICAN RED CROSS MONTH - MARCH 2024 Proclamation - American Red Cross Month - March 2024
15. Appointments
16. Presentations
16.A - PROGRESS REPORT ON THE DEVELOPMENT OF AN INDUSTRIAL SAFETY ORDINANCE (Fire Department)
17. Adoption Of The Agenda
4 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 FEBRUARY 20, 2024 SPECIAL AND REGULAR MEETING (City Clerk)
February 20, 2024 City Council Meeting Minutes
21.B - APPROVAL OF SECOND AMENDMENT TO TASK ORDER NO. 2 FOR THE
WASTEWATER TREATMENT PLANT PRIMARY TREATMENT REHABILITATION PROJECT (Public Works Director)
The City has an on-call agreement with Harris & Associates, Inc. (Harris) for engineering services for water and wastewater projects. The agreement has a clause that task orders over $200,000 require City Council approval. A Second Amendment to Task Order No. 2 is needed for the Wastewater Treatment Plant (WWTP) Primary Treatment Rehabilitation Project (Project), and the cumulative amount will exceed the $200,000 limit. This Project involves recoating the primary clarifiers and primary channels at the WWTP to prevent deterioration.
Recommendation:
5 Adopt a resolution (Attachment 1) approving the Second Amendment to Task Order No. 2 (Attachment 2) with Harris, in the amount of $88,643, and authorizing the City Manager to sign the amendment on behalf of the City.
Staff Report - Approval of Harris Second Amendment to Task Order No. 2
1. Resolution – Approval of Harris Second Amendment to Task Order No. 2
2. Harris Second Amendment to Task Order No. 2
3. Harris Agreement for Master Professional Engineering Services
4. Harris Task Order No. 2
5. Harris First Amendment to Task Order No. 2
6. Harris Amendment to the Agreement for Master Professional Engineering Services
21.C - FY 2023/24 SECOND QUARTER INVESTMENT REPORT (Finance Director) The Fiscal Year 2023/24 Second Quarter Investment Report for the quarter that ended December 31, 2023, 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, by minute action, the Second Quarter Investment Report for the quarter that ended December 31, 2023 (Attachment 1).
Staff Report - FY 2023-24 Second Quarter Investment Report
1. FY 2023-24 Second Quarter Investment Report
2. LAIF Statement Ending December 31
3. CAMP Statement Ending December 31
4. 115 Trust Statement Ending December 31
21.D - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
22. Business Items
6 22.A - INTRODUCTION AND FIRST READING OF PROPOSED AMENDMENTS TO THE BENICIA MUNICIPAL CODE TITLE 17 (ZONING) IMPLEMENTING PROGRAMS FROM THE 2023-2031 HOUSING ELEMENT, UPDATING
REGULATIONS AND AMENDING THE HEIGHT LIMIT OF THE TOWN CORE ZONE IN THE DOWNTOWN MIXED USE MASTER PLAN (Community Development Director) The proposed amendments to Title 17 (Zoning Ordinance) of Benicia Municipal Code (BMC) Chapters include Use Classifications (BMC Chapter 17.16), Residential Districts (BMC Chapter
17.24), Mixed Use Districts (BMC Chapter 17.26), Commercial Districts (BMC Chapter 17.28), Accessory Dwelling Unit (BMC section 17.70.060), Open Space Districts (BMC Chapter 17.36), General Regulations (BMC section 17.70.390 Emergency Shelters and 17.70.460 ), Driveway Widths and Clearances (BMC section 17.74.140), Vehicle Parking – Design and Location in R Districts (BMC section 17.74.190), and Reasonable Accommodations (BMC Chapter 17.132) are to incorporate language to implement the recently adopted Housing Element.
Specifically, the ordinance would implement the following programs of the Housing Element:
Program 1.11 (amend the Zoning Ordinance to comply with changes in the state Density Bonus law); and
Program 1.12 (update the Zoning Ordinance to comply with State law regarding Accessory Dwelling Units); and
Program 3.01 (Amend the Zoning Ordinance to allow supportive housing in compliance with AB 2162); and
Program 3.02 (update the Reasonable Accommodation procedure findings); and Program 3.05 (amend the Zoning Ordinance to comply with the Employee Housing Act); and Program 3.07 (revise the City's requirements for residential care facilities); and Program 3.08 (amend the Zoning Ordinance to clearly define single room occupancy units).
Amendments to Title 17 of Benicia Municipal Code Chapters Maximum Dwelling Unit Occupancy (BMC section 17.70.120), Outdoor Facilities (BMC section 17.70.200), Hazardous Materials (BMC section 17.70.260), Animals (BMC section 17.70.300), Retail Sales Larger than 20,000 Square Feet of Gross Floor Area (BMC section 17.70.360), Underground Utilities (BMC section 17.70.230), Residential Districts (BMC Chapter 17.24), and Trees and Views (BMC Chapter 17.82) are proposed to update regulations, remove unenforceable regulations, and streamline the development process.
The proposed amendment to the Downtown Mixed Use Master Plan (DMUMP) would implement the City Council’s direction received on December 19, 2023, by creating a use permit process to allow up to four (4) stories and fifty (50) feet in height, in the Town Core (TC) zone, subject to compliance with all other governing standards.
Recommendation:
Conduct a public hearing take the following action:
1. Move to waive the first reading, read by title only, and introduce an Ordinance (Attachment 1) amending existing Chapters of Title 17 (Zoning) of the Benicia Municipal Code; and 7 2. Adopt a resolution amending the Town Core (TC) standards of Chapter 4 (Form Based Code) of the Downtown Mixed Use Master Plan (Attachment 2
Staff Report - Housing Element Zoning Update & Town Core Height Standard Amendment
1. Draft Ordinance - Amending Chapters of the Benicia Zoning Ordinance (Title 17)
2. Resolution - Amending the Height Limit - Town Core Zone - DMUMP
3. Map displaying the Town Core Area
4. Planning Commission Staff Report (without attachments), February 8, 2024
5. Planning Commission Resolution - DMUMP Amendment
6. Planning Commission Resolution with Exhibit A - Zoning Text Amendments
7. Written Public Comment
8. Draft Planning Commission Meeting Minutes - February 8, 2024
22.B - DISCUSSION OF CONDUCTING A SOLAR EVALUATION AT THE WASTEWATER TREATMENT PLANT (Public Works Director)
At the August 15, 2023 City Council meeting, Council made a request for a solar evaluation at the Wastewater Treatment Plant (WWTP). A discussion on this topic will be held on March 5, 2024 and direction will be provided to staff. Staff’s recommendation is to not move forward with hiring a consultant to conduct a solar evaluation due to financial reasons, lack of space at the WWTP for sufficient solar panels, and lack of staff capacity.
Recommendation:
Receive information on a previous solar investigation and provide direction to staff if a consultant shall be hired to conduct a Wastewater Treatment Plant site solar evaluation.
Staff Report - Solar WWTP
1. 2009 HDR Solar and Wind Analysis
2. Stantec Proposal for WWTP Solar Evaluation
23. Adjournment Of Regular Meeting (8:00 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