1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
MARCH 5, 2024
6:00 P.M.
City Council Chambers, City Hall, 250 East L Street, complete proceedings of which are recorded. These are action minutes; a full video is available online at www.ci.benicia.ca.us/agendas.
ACCESSING THE MEETING
1) CALL SPECIAL MEETING TO ORDER (5:00 P.M.)
Mayor Young called the Special Meeting to order at 5:00 p.m. 2) CONVENE OPEN SESSION
3) ROLL CALL
All Council Members were present.
4) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
5) PUBLIC COMMENT FOR CLOSED SESSION
None
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)
Mayor Young adjourned the meeting to Closed Session at 5:01 p.m. 7) RECONVENE OPEN SESSION
Mayor Young reconvened the Open Session at 6:06 p.m.
8) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
2 Ben Stock, City Attorney, reported that Council met in Closed Session on two items and no reportable actions were taken.
9) ADJOURNMENT OF SPECIAL MEETING AND CALL REGULAR MEETING TO ORDER (6:00 P.M.)
Mayor Young adjourned the Special Meeting and called the Regular Meeting to order at 6:06 p.m.
10) ROLL CALL
All Council Members were present.
Council Member Campbell arrived at 6:07 p.m.
11) PLEDGE OF ALLEGIANCE
12) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
13) ANNOUNCEMENTS
13.A - MAYOR'S OFFICE HOURS
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)
Josh Chadwick, Fire Chief, and Della Olm, Management Analyst, reviewed a PowerPoint presentation.
Council and Staff discussed the ISO process.
Public Comment:
3 1. June Mejias - Ms. Mejias spoke in support of an ISO.
2. Marilyn Bardet - Ms. Bardet spoke in support of an ISO.
3. Constance Beutel - Ms. Beutel spoke in support of an ISO.
4. Terry Mollica - Mr. Mollica spoke in support of an ISO.
5. Steve Gollub - Mr. Gollub spoke in support of an ISO.
6. Citizen - the citizen spoke in support of an ISO.
7. Nathalie Christian - Ms. Christian spoke in support of an ISO.
8. Kathy Kerridge - Ms. Kerridge spoke in support of an ISO. 17) ADOPTION OF THE AGENDA
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the Adoption of the Agenda, as presented, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
18) OPPORTUNITY FOR PUBLIC COMMENTS
19) WRITTEN COMMENT
20) PUBLIC COMMENT
1. Vic Randall - Mr. Randall discussed concern regarding recent changes to the Housing Element.
2. Michael Hayes - Mr. Hayes discussed banning sticky traps for pests.
3. Kathy Kerridge - Ms. Kerridge announced an upcoming forum.
4. Council Member Campbell - Council Member Campbell discussed the toxic waste site near the water treatment plant that has leaking drums. He would like the City to send a letter to DTSC.
5. Marilyn Bardet - Ms. Bardet discussed the toxic waste site near the water treatment plant.
21) 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) Staff Report - Approval of Harris Second Amendment to Task Order No. 2
4 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 RESOLUTION NO. 24-15 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING A SECOND AMENDMENT TO TASK ORDER NO. 2 WITH HARRIS & ASSOCIATES, INC. FOR THE WASTEWATER
TREATMENT PLANT WASTEWATER TREATMENT PLANT PRIMARY
TREATMENT REHABILITATION AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AMENDMENT ON BEHALF OF THE CITY
21.C - FY 2023/24 SECOND QUARTER INVESTMENT REPORT (Finance Director)
Staff Report - FY 2023-24 Second Quarter Investment Report Council and Staff discussed the issue of return on investment.
Public Comment:
None
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
On motion of Mayor Young, seconded by Council Member Birdseye, Council approved the FY 2023/24 Second quarter Investment Report, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
21.D - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
Council pulled item 21.C for discussion.
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of the Consent Calendar, as amended, on a roll call by the following vote:
5 Ayes: Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young, Council Member Birdseye
Noes: (None)
22) BUSINESS ITEMS
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)
Staff Report - Housing Element Zoning Update & Town Core Height Standard Amendment
ORDINANCE NO. 24- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA, CA, AMENDING CHAPTERS OF TITLE 17 (ZONING) OF
THE BENICIA MUNICIPAL CODE (BMC) TO IMPLEMENT PROGRAMS
FROM THE 2023-2031 HOUSING ELEMENT AND UPDATING AND
STREAMLINING REGULATIONS
RESOLUTION NO. 24- 16 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA, CA, AMENDING THE HEIGHT LIMIT OF THE TOWN
CORE ZONE IN THE DOWNTOWN MIXED USE MASTER PLAN
Council Member Campbell recused himself due to a conflict of interest relating to property in the area.
.
Jason Hade, Planning Manager, reviewed the staff report and a PowerPoint presentation.
Public Comment on items not related to the height issue:
None
DMUMP:
Council and Staff discussed the issue of noticing,
Public Hearing Opened
Public Comment:
1. Kathleen Brown - Ms. Brown spoke in opposition to raising the height limit.
2. Marilyn Bardet - Ms. Bardet spoke in opposition to raising the height limit.
3. Citizen - the citizen spoke in support of raising the height limit.
4. Don Dean - Mr. Dean spoke in opposition to raising the height limit.
5. Citizen - the citizen discussed concern regarding raising the height limit.
6 6. Michael Hayes - Mr. Hayes spoke in opposition to raising the height limit.
7. Greg Gendron - Mr. Gendron spoke in support of the proposed changes.
8. Richard Jenny - Mr. Jenny spoke in opposition to raising the height limit.
9. Citizen - the citizen discussed the need to figure out a way to motivate upkeep and investment in the Downtown Historic District.
10. Leslie Henderson - Ms. Henderson discussed concern regarding raising the height limit.
11. Steven Gollub - Mr. Gollub spoke in support of the proposed changes.
12. Kathy Kerridge - Ms. Kerridge spoke in support of the proposed changes with some added nuances of protection.
13. Steven Getz - Mr. Getz spoke in opposition to the proposed changes.
14. Citizen – the citizen spoke in support of the proposed changes.
15. Betty Lucas - Ms. Lucas spoke in support of the proposed changes.
Public Hearing Closed
Council and Staff discussed Avant Garden, the need to be open to change, exceptions to exemptions, and clarification on some of the public comments that were made.
Jason Hade, Planning Manager read the following suggested amendments to be placed in front of A: Height Exemptions: "Except for areas under San Francisco Bay Conservation Development Commission (BCDC) jurisdiction:"
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, On motion of Council Member Birdseye, seconded by Mayor Young, Council approved the Introduction and First Reading of the above Ordinance, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of Resolution 24-16, as amended to include language suggested by Staff, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
7 22.B - DISCUSSION OF CONDUCTING A SOLAR EVALUATION AT THE WASTEWATER TREATMENT PLANT (Public Works Director)
Council Member Macenski recused himself due to a conflict of interest.
Danielle Bonham, Interim Public Works Director, reviewed the staff report and a PowerPoint presentation.
Council and Staff discussed the cost, the minimal amount of electricity the solar panels would produce, and possible support for getting an independent study done.
Public Comment:
1. Lindsay Bolt, R3 Sustainability - Ms. Bolt discussed financing and feasibility study options her company could provide to the City.
2. Kyle, R3 Sustainability - Kyle discussed what options R3 could provide to the City.
3. Greg Gendron - Mr. Gendron discussed the issue of rate of return on solar panels.
4. Kathy Kerridge - Ms. Kerridge discussed support for finding grant money for projects such as this one, and support for solar panels on open areas in the Industrial Park.
Mayor Young stated we should open the door for conversations to be had to see if this project is viable.
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.)
Mayor Young adjourned the meeting at 10:25 p.m.
City Clerk