1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
April 2, 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 (4:00 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 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 3 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.)
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 - NATIONAL LIBRARY WEEK - APRIL 7-13, 2024 (Library) Proclamation - National Library Week - April 2024
15. Appointments
16. Presentations
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 23, 2024, FEBRUARY 28, 2024, MARCH 5, 2024 AND MARCH 19, 2024 SPECIAL, REGULAR AND JOINT PLANNING COMMISSION CITY COUNCIL MEETINGS (City Clerk)
February 23, 2024 Special City Council Meeting
February 28, 2024 Joint Council Planning Commission Minutes March 5, 2024 City Council Meeting Minutes
March 19, 2024 City Council Meeting Minutes
21.B - SECOND READING AND ADOPTION OF AN ORDINANCE TO AMEND CHAPTER 10.12 OF THE MUNICIPAL CODE FOR THE 2024 ENGINEERING AND TRAFFIC SURVEY REPORT (Interim Public Works Director)
On March 19, 2024, City Council introduced and conducted the first reading and public hearing of an ordinance to amend Chapter 10.12 of Benicia Municipal Code (BMC) and approve the 2024 Engineering and Traffic Survey Report (ETS).
5 The results of the ETS 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 BMC or install signs that are missing. The ETS also recommends bringing the BMC into conformance with the California Vehicle Code (CVC).
Recommendation:
Adopt the ordinance amending Chapter 10.12 (Speed Limits) of Title 10, (Vehicles and Traffic) of the BMC (Attachment 1) which conforms the BMC to the 2024 Engineering and Traffic Survey Report (Attachment 2).
Staff Report - Adoption of Ordinance 10.12 Speed Limits
1. Ordinance - Adoption of Ordinance 10.12 - Speed Limits
2. 2024 Engineering and Traffic Survey Report
21.C - APPROVAL OF CONTRACT WITH ZANJERO INC. FOR WATER MANAGEMENT SERVICES (Interim Public Works Director)
This report recommends approving up to a five-year contract (three-year initial term with the option for two additional years) with Zanjero, Inc. (Zanjero) for water management services for the Public Works Department. This strategic water management effort will address all legislative and regulatory reporting requirements for the duration of the contract and enable the City to meet its long-term water supply reliability needs through a 50-year planning horizon.
Recommendation:
Adopt a resolution (Attachment 1) approving up to a five-year contract with Zanjero (Attachment 2) for water management services in a not to exceed amount of $500,000 and authorizing the City Manager to execute the contract on behalf of the City.
Staff Report - Approval of Zanjero Contract
1. Resolution – Zanjero Inc. – Water Management Services
2. Contract – Zanjero Inc. – Water Management Services
21.D - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
22. Business Items
22.A - APPEAL OF A PLANNING COMMISSION DECISION ON A DESIGN REVIEW APPLICATION FOR 106 WEST J STREET (Community Development Director) 6 The property owner, Steffan Schulz, has proposed an after-the-fact design review approval of eleven (11) triple-hung Unplasticized Polyvinyl Chloride (UPVC) vinyl windows, on the front (north) and side (east) façades, at the second story of the building. The structure is designated as a historic resource (landmark) in the Downtown Historic Conservation Plan (DHCP).
Following denial of the application by the Historic Preservation Review Commission (HPRC) on November 16, 2023, and denial of the appeal by the Planning Commission on February 8, 2024, the property owner (appellant) filed an appeal of the Planning Commission’s decision on February 20, 2024. The appeal was filed in accordance with Chapter 1.44 of the Benicia Municipal Code (BMC).
Recommendation:
Adopt a resolution (Attachment 1) denying the appeal and upholding the Planning Commission’s decision to uphold the HPRC decision to deny the Design Review application for 106 West J Street, after a public hearing and determination that the action is exempt from CEQA.
Staff Report - 106 West J Street Appeal
1. Resolution - Appeal - HPRC Alteration Denial - 106 W. J Street
2. Clarifying Memo - 106 West J Street & 935 First Street (dated October 23rd, 2023)
3. DPR Form 523A for 935 First Street
4. DHCP Applicable Guideline Excerpts
5. HPRC Staff report from October 26th, 2023
6. Minutes from October 26th, 2023 HPRC Meeting
7. HPRC Staff Report from November 16th, 2023
8. Minutes from November 16th, 2023 HPRC Meeting
9. HPRC Resolution No. 23-8
10. Appeal Application (to Planning Commission)
11. Planning Commission Staff Report from January 11, 2024
12. Planning Commission Staff Report from February 8, 2024
13. Minutes from January 11, 2024 Planning Commission Meeting
14. Draft Minutes from February 8, 2024 Planning Commission Meeting
15. Planning Commission Resolution No. 24-1
7 16. Appeal Application (to City Council)
17. 106 West J Street Project Narrative
18. DPR Form 523A for 106 West J Street
19. Benicia Masonic Temple Stucco Cracks Phase 1 Evaluation Report
22.B - ACCEPTING HAROLD BRAY STATUE AND DIRECTING STAFF TO FINALIZE SITE ARRANGEMENTS (City Manager)
A community led public art project, spearheaded by the Benicia Community Foundation (Donor), to pay tribute to local war hero and retired Benicia Police Officer, Harold Bray, was completed in 2023.
The City of Benicia is working to place the donated statue in a public location at Eunice Jensen Park, located at the corner of Military and First Street.
Recommendation:
Move to adopt a resolution (Attachment 1) accepting the art piece and direct staff to work toward placement of the Harold Bray Statue (Statue) at the corner of Military and First Street at Eunice Jensen Park (Attachment 2).
Staff Report - Accepting Harold Bray Statue and Directing Staff to Finalize Site Arrangements
1. Resolution - Accepting Harold Bray Statue
2. Harold Bray Statue Location Rendering
3. Resolution #12-107 - Establishing Public Art Program
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