1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
March 19, 2024
6:00 PM
Accessing The Meeting
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4) Zoom Meeting (link below)
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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 (5:30 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 LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (one potential case)
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
Current and Upcoming Openings - Boards and Commissions
14. Proclamations
14.A - WOMEN'S HISTORY MONTH - MARCH 2024 (City Manager's Office) Proclamation - Women's History Month
15. Presentations
15.A - ECO AWARDS (Republic Services)
16. Adoption Of The Agenda
17. 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:
4 - 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.
18. Written Comment
19. Public Comment
20. 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.
20.A - SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING THE BENICIA MUNICIPAL CODE TITLE 17 (ZONING) IMPLEMENTING PROGRAMS FROM THE 2023-2031 HOUSING ELEMENT, UPDATING REGULATIONS AND
DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM CEQA, PURSUANT TO STATE CEQA GUIDELINES SECTION 15301, 15305, 15322, AS THEY
ARE MINOR CHANGES TO IMPLEMENT THE HOUSING ELEMENT AND TO
STREAM LINE DEVELOPMENT, AND THE AMENDMENTS REQUIRED BY THE
HOUSING ELEMENTS ARE COVERED BY THE ENVIRONMENTAL IMPACT REPORT (SCH NUMBER 2022060021). (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 5 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 City Council conducted a public hearing, waived the first reading and introduced the ordinance during a duly notice public hearing on March 5, 2024.
Recommendation:
1. Adopt the ordinance amending Title 17 (Zoning) of the Benicia Municipal Code to update zoning regulations for housing element implementation and permit streamlining (Attachment 1), after a determination that the project is exempt from the California Environmental Quality Act (CEQA).pursuant to State CEQA Guidelines Sections 15301, 15305, and 15332, because it can be seen with certainty that there is not possibility that the action may have a significant effect on the environment. Additionally, the proposed amendments to implement the Housing Element are covered by the Environmental Impact Report (SCH Number 2022060021) (EIR) for the City of Benicia.
Staff Report - Title 17 - Code Text Amendments 2nd Reading
1. Proposed Ordinance Amending Title 17 (Zoning)
20.B - AWARD OF CONSTRUCTION CONTRACT, AUTHORIZE A BUDGET
AMENDMENT, AND APPROVE NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE MILITARY WEST 12-INCH WATER MAIN REPLACEMENT PROJECT (Interim Public Works Director) The Military West 12-inch Water Main Replacement Project (Project) will consist of replacing a 3,100-foot-long water main along Military West, between West 7th Street and Plaza De Oro. The current water main is 8-inches in diameter and will be increased to 12-inches to provide improved capacity and operational reliability.
Recommendation:
Adopt a resolution (Attachment 1) accepting the bids for the Project, awarding the construction contract to Koios Engineering, Inc. of San Francisco, in the amount of $1,291,250, authorizing the City Manager to sign the contract (Attachment 2) on behalf of the City, approving the necessary budget amendment, and approving a Notice of Exemption (NOE) (Attachment 3) under the California Environmental Quality Act (CEQA) Guidelines.
Staff Report - Award of Construction Contract Military West Water Main 6 1. Resolution - Military West 12-inch Water Main Replacement Project
2. Construction Contract with Koios Engineering, Inc.
3. Notice of Exemption - Military West 12-inch Water Main Replacement Project
20.C - ACCEPTANCE OF THE VIEWMONT WATER MAIN REPLACEMENT PROJECT (Interim Public Works Director)
The Viewmont Water Main Replacement Project (Project), Project No. 22-24, consisted of replacing the water main located in Viewmont Street, between East 3rd and East 5th. The original construction budget was $1,268,706.25 adopted in Resolution Number 23-31 on April 18, 2023. Construction is now complete.
Recommendation:
Adopt a resolution (Attachment 1) accepting the contract change orders (Exhibit A), accepting the Project, Project No. 22-24, as complete, authorizing the 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 Viewmont Water Main Replacement
1. Resolution - Acceptance of Viewmont Water Main Replacement
2. Notice of Completion
20.D - APPROVAL TO WAIVE FLOOD AND EARTHQUAKE INSURANCE
REQUIREMENTS ON THE CONSTRUCTION CONTRACT FOR THE VALERO FLOW METER REPLACEMENT PROJECT (Interim Public Works Director) On December 5, 2023, Council awarded the construction contract for the Valero Flow Meter Replacement Project (Project) to Paulson Cox Construction, Inc. for a not-to-exceed amount of $575,000. The contract included requirements for flood and earthquake insurance. It is recommended to ratify the executed construction contract and delete these insurance requirements as they are not necessary for this Project.
Recommendation:
Adopt a resolution (Attachment 1) waiving the flood and earthquake insurance requirements on the Paulson Cox Construction, Inc. construction contract for the Valero Flow Meter Replacement Project.
Staff Report - Valero Meter Contract Insurance
1. Resolution – Valero Flow Meter Replacement Project
2. Change Order - Valero Flow Meter Replacement Project 7 20.E - APPROVAL OF CISCO CORE SWITCH PROCUREMENT (Finance Director) A critical component of the City’s information technology infrastructure, the core switch, is beyond its useful life and needs to be replaced. The potential failure of this equipment could lead to significant downtime of the network and delay, or halt, essential city operations that are dependent on network services. The cost of the equipment requires City Council approval per Benicia Municipal Code (BMC) purchasing regulations.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the purchase of a Cisco Core Switch from SSP Data, Inc. (SSP) using the National Cooperative Purchasing Alliance Agreement (NCPA) 01-97.
Staff Report - Consent Calendar - IT Core Switch
1. Resolution – SSP Data, Inc. Core Switch Procurement NCPA 01-97
2. SSP Data, Inc. Core Switch Quote
20.F - RESOLUTION SUPPORTING OFFSHORE WIND MANUFACTURING AND
FABRICATION AND ENCOURAGING THE STATE OF CALIFORNIA UTILITIES AND
ENERGY COMMITTEE TO RECOMMEND THE PORT OF BENICIA AS THE
PREFERRED LOCATION TO INVEST IN INFRASTRUCTURE AND DEVELOP MANUFACTURING FACILITIES (City Manager)
The California Legislature passed Assembly Bill (AB) 525 in September 2021, requiring the California Energy Commission (CEC) to coordinate with various state and federal agencies to develop a strategic plan for offshore wind energy projects along the California coast, in federal waters, and submit it to the California Natural Resources Agency and the Legislature.
The California Energy Commission’s draft report “Assembly Bill 525 Offshore Wind Strategic Plan” released January 19, 2024, identifies the Port of Benicia as a Bay Area port with favorable ratings and lowest impacts to state and federal protected lands, existing infrastructure development, terrestrial biology, demographics and overall impact tier.
This report follows a positive federal Bureau of Ocean Energy Management (BOEM) report, issued in January 2023 called “California Floating Offshore Wind Regional Ports Assessment,” which included the Port of Benicia as a viable candidate for OSW manufacturing.
Recommendation:
Adopt a resolution (Attachment 1) supporting offshore wind (OSW) manufacturing and fabrication and encouraging the State of California Utilities and Energy Committee to recommend the Port of Benicia as the preferred location to invest in infrastructure and develop manufacturing facilities.
Staff Report - Offshore Wind (OSW) Manufacturing and Support
1. Resolution – Offshore Wind (OSW) Manufacturing and Support 8 20.G - RESOLUTION CONTINUING THE DECLARATION OF A LOCAL EMERGENCY FOR RAW WATER TRANSMISSION LINE INCIDENT (City Manager) The City Manager/Emergency Services Director is requesting that Council find that the following conditions of extreme peril to the safety of persons and property continue to exist within the City of Benicia: severe hillside slope failure along Lopes Road caused by storm event flooding and stormwater runoff which damaged the RWTL and other structures including roadways, impact to the supply and transport of water to users in the City, which require actions to procure adequate water supply until the damage is repaired, and potentially other damage unknown at this time.
Recommendation:
Move to adopt a Resolution of the City of Benicia Continuing the Declaration of Local Emergency (Attachment 1).
Staff Report - Continuation of Existence of a Local Emergency
1. Resolution - Continuation of Declaration of Local Emergency
20.H - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
21. Business Items
21.A - ACCEPT THE ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2023 (Finance Director)
The City’s auditor, CliftonLarsonAllen, LLC (CLA), has completed the review of the annual financial statements for the fiscal year ended June 30, 2023, and has issued an unmodified audit opinion. The audited financial statements are incorporated into an Annual Comprehensive Financial Report (ACFR).
In addition to reviewing the financial statements, the auditors are required to report matters that could adversely affect the City’s ability to record, process, summarize and report financial data. The Corrective Action Plan presents this information and includes a schedule of four material weaknesses identified.
Recommendation:
Move to accept, by minute order, the Annual Comprehensive Financial Report for the fiscal year ended June 30, 2023 (Attachment 1).
Staff Report - Business Item-FY 2022-23 ACFR
1. Annual Comprehensive Financial Report for the Fiscal Year Ended June 30 2023
2. Corrective Action Plan for the Fiscal Year Ended June 30, 2023 9 3. Summary Schedule of Prior Audit Findings for the Fiscal Year Ended June 30, 2023
21.B - FY 2023/24 MID-YEAR BUDGET REPORT (Finance Director) A mid-year budget report of the City’s current year budget is part of the City’s on-going fiscal monitoring processes. This fiscal year 2023/24 Mid-Year report primarily focuses on the General Fund with a brief review of the City’s Water and Wastewater Enterprise Funds. Using actual revenue and expenditures from the first six months of the fiscal year, the Finance Department works with operating departments staff to forecast revenue and expenses through the end of the fiscal year. This review provides a process for the City to identify and proactively address current-year budget changes.
Recommendation:
Accept, by minute order, the FY 2023/24 Mid-Year Budget Report including the report on budget amendments completed based on delegated authority related to capital projects.
Staff Report - Business Item-FY24 Mid-Year
1. CIP Carryover Budget Amendments
21.C - INTRODUCTION OF AN ORDINANCE TO AMEND CHAPTER 10.12 OF THE MUNICIPAL CODE FOR THE 2024 ENGINEERING AND TRAFFIC SURVEY REPORT (Interim Public Works Director)
Haley and Aldrich (Consultant) recently completed the 2024 Engineering and Traffic Survey Report (Report). This Report includes the recertification of Engineering and Traffic Surveys (ETSs) previously conducted in 2017 and 2019, plus ETSs for additional roadway segments required for radar enforcement. Also included is documentation on roadway segments that do not require ETSs. The new and recertified ETSs have been prepared in conformance with the current California Vehicle Code (CVC) following the procedures in the California Manual on Uniform Traffic Control Devices. The results of the ETSs include recommendations to generally keep the current speed limits on all segments, with some additional work to modify signs where speed limit signs don’t match the Benicia Municipal Code (BMC) or install signs that are missing. Also recommended is to bring the BMC into conformance with the California Vehicle Code.
Recommendation:
Move to waive the first reading, read by title only, and introduce an Ordinance (Attachment 1) amending Chapter 10.12 (Speed Limits) of Title 10, (Vehicles and Traffic) of the Benicia Municipal Code, which conforms the BMC to the 2024 Citywide Radar Speed Survey and accept the 2024 Engineering and Traffic Survey Report (Attachment 2).
Staff Report - Introduction of Ordinance 10.12 - Speed Limits
1. Draft Ordinance – Amend Ch. 10.12 (Speed Limits) of Title 10 (Vehicles and Traffic)
2. Engineering and Traffic Survey Report
10 21.D - 2023 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, with respect to the Housing Element, the Department of 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 2023 General Plan and Housing Element Annual Progress Report (Attachment 1).
Staff Report - 2023 General Plan and Housing Element Annual Progress Report
1. 2023 General Plan & Housing Element Annual Progress Report and Appendices
21.E - CERTIFICATION OF THE CITIZEN’S INITIATIVE TO ADD A SPECIAL TRANSACTION AND USE TAX OF 0.5% FOR STREETS AND ROADS (Deputy City Manager)
Solano County Registrar of Voters completed the certification of the citizen's initiative. The citizen’s initiative is to add a special transaction and use tax (known as “sales tax”) of 0.5%, or ½ of one cent, in the City of Benicia to be used to repair and improve streets and roads in the City.
Recommendation:
Direct staff to submit the ordinance, without alteration, to the voters pursuant to Elections Code Section 1405 and return to Council with all necessary documentation prior to the Solano County Registrar of Voters deadlines for the November 5, 2024 general election.
Staff Report - Citizen Initiative for Sales Tax Increase
1. Verification Certificate and Petition Statistics Benicia Initiative 2024
22. 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.)
22.A - COUNCIL MEMBER COMMITTEE REPORTS
Council Member Committee Reports
23. Adjournment Of Regular Meeting (8:00 P.M.)
11 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 12 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