1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
December 17, 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
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1 646 558 8656
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• Enter the meeting ID number: 885 0804 7557 *please note this is an updated ID number*. 2 • Enter password: 449303
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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
2. Convene Open Session (5:30 P.M.)
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—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of cases: (1) Mankin v. City of Benicia, Solano County Superior Court Case No.
FCS058970; (2) City of Benicia and Allied Waste Systems , Inc. relating to pedestrian bridge dispute.
7. Reconvene Open Session
8. Announcement From Closed Session, If Any
3 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 MADDY ACT NOTICE - DECEMBER 2024 (City Manager's Office) Maddy Act Notice - December 2024
14. Proclamations
15. Appointments
16. Presentations
17. Adoption Of The Agenda
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:
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.
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 DECEMBER 3, 2024 MEETINGS, A AND B SPECIAL AND REGULAR MEETINGS (City Clerk)
Minutes of the December 3, 2024 City Council Meeting A
Minutes of the December 3, 2024 City Council Meeting B
21.B ADOPTION OF THE 2025 CITY COUNCIL REGULAR MEETING CALENDAR (City Manager)
The Open Government Ordinance (Section 4.08.040 of Ordinance No. 05-6) (Ordinance) states that each body established by ordinance shall establish, and publish, an annual schedule of regular meetings.
The proposed schedule of regular meetings of the City Council for 2025 (Calendar) follows (Attachment 1) for Council review and approval.
Recommendation:
Move to adopt, by motion, the 2025 City Council Regular Meeting Calendar.
Staff Report - City Council Regular Meeting Calendar - 2025
1. City Council Regular Meeting Calendar - 2025
21.C FY 2024/25 FIRST QUARTER INVESTMENT REPORT (Finance Director) The Fiscal Year 2024/25 First Quarter Investment Report for the quarter that ended September 30, 2024, 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.
5 Recommendation:
Move to accept, by minute action, the First Quarter Investment Report for the quarter that ended September 30, 2024 (Attachment 1).
Staff Report - FY 2024-25 First Quarter Investment Report
1. FY 2024-25 First Quarter Investment Report
2. LAIF Statement Ending September 30
3. CAMP Statement Ending September 30
4. 115 Trust Statement September 30
21.D ADOPTION OF THE ANNUAL AND FIVE-YEAR ASSEMBLY BILL 1600 REPORT (Finance Director)
In California, State legislation sets certain legal and procedural parameters for the charging of development impact fees. This legislation was passed as Assembly Bill (AB) 1600 by the California Legislature and is now codified as California Government Code Sections 66000 through 66025 (Mitigation Fee Act). The Mitigation Fee Act requires any local agency that imposes Development Impact Fees to prepare the City of Benicia Annual and Five-Year Impact Fee Report (AB 1600 Report) that provide specific information about those fees. The AB 1600 Report serves both of those functions, and has been prepared for the City of Benicia, for the fiscal year ended June 30, 2024, in accordance with the provisions of the California Government Code Section 66006 (b), 66001 (d), and 66013 (d).
Recommendation:
Move to adopt a resolution (Attachment 1) adopting the AB 1600 Report (Exhibit A).
Staff Report - Adoption of the Annual and Five-Year AB 1600 Report
1. Resolution - Adoption of AB 1600 Report
21.E SECOND READING AND ADOPTION OF PROPOSED AMENDMENTS TO THE BENICIA MUNICIPAL CODE TITLE 17 (ZONING) TO UPDATE DENSITY BONUS ORDINANCE BMC SECTION 17.70.270 (Community Development Director/Assisatant City Manager)
The proposed amendments to Section 17.70.270 (Density Bonus) of the Zoning Ordinance will implement the recently adopted Housing Element, Program 1.11 (Amend the Zoning Ordinance to comply with changes in the State Density Bonus law by December 2024).
The City Council conducted a public hearing, waived the first reading and introduced the ordinance during a duly notice public hearing on November 19, 2024. 6 Recommendation:
Adopt the Ordinance of the City Council of the City of Benicia (Attachment 1) amending existing Section of Title 17 (Zoning) of the Benicia Municipal Code, after a determination that the project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (the common sense exemption) because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment, in that the ordinance merely implements the provisions of State law and includes no provisions beyond those included in State Density Bonus Law that may result in a direct or indirect impact on the physical environment.
Staff Report - Density Bonus Ordinance Update 2nd Reading
1. Draft Ordinance - Amending Section 17.70.270 - Benicia Zoning Ordinance (Title 17)
21.F APPROVAL OF SPECIAL PERMIT FOR OVERSIZED DRIVEWAY LOCATED AT 41 CAROLINA DRIVE (Public Works Director)
The single-family residence located at 41 Carolina Drive requests a “Special Permit” per the Benicia Municipal Code (BMC) Section 12.16.240K to expand the existing driveway to a width of 30 feet (Project). This special permit is required because BMC Section 12.16.240A specifies the maximum width of any driveway to be not more than 20 feet as measured at the curbing. The residence is located at the corner of Carolina Drive and Gigey Drive on an approximately 9,970 square foot lot. The proposed driveway is on Gigey Drive, a short dead-end street.
Recommendation:
Adopt a resolution (Attachment 1) approving a “Special Permit” under BMC Section 12.16.240 K allowing a driveway in excess of 20-feet in width at 41 Carolina Drive and determining that the Project is exempt from the California Environmental Quality Act (CEQA).
Staff Report - Special Permit Oversized Driveway 41 Carolina
1. Resolution – Special Permit for Oversized Driveway at 41 Carolina Drive
2. Project Site Map - Special Permit for Oversized Driveway at 41 Carolina Drive
21.G PURCHASE OF REPLACEMENT TASER DEVICES AND EXECUTION OF A NEW LONG-TERM AGREEMENT WITH AXON ENTERPRISES, INC. (Police Chief) The Police Department (Department) plans to continue using both body-worn cameras and TASER devices that are purchased from, and supported and maintained by Axon Enterprises, Inc (Axon). The Department is nearing the end of a five (5) year agreement with Axon and wishes to enter into a new 10-year agreement with Axon, due to the financial benefits of a long-term agreement.
Recommendation:
7 Move to adopt a resolution (Attachment 1) authorizing the City Manager to sign a ten (10) year agreement (Attachment 2) with Axon Enterprises, Inc. for the purchase of replacement TASER devices, and the support and maintenance of body-worn cameras, TASER devices and a related software, at a total cost of $1,286,609.94, payable over a ten-year period.
Staff Report - Replacement Taser Devices - Axon Enterprises
1. Resolution – Agreement with Axon Enterprises, Inc.
2. Ten-year Agreement with Axon Enterprises, Inc.
21.H APPROVAL OF A BUDGET AMENDMENT FOR AND AUTHORIZATION TO THE PURCHASE OF TWO POLICE SUPERVISOR VEHICLES (Police Chief) The Police Department is seeking to replace one (1) existing police Supervisor vehicle due to high mileage and need for constant repair and purchase a second (2) police Supervisor vehicle due to supplement the Supervisor fleet with a second vehicle, to reduce the excessive wear and tear on a singular vehicle.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the related purchase orders for two Police Supervisor vehicles and outfitting, authorizing the City Manager and Finance Director to sign the purchase orders on behalf of the City, authorizing a budget amendment in the amount of $146,000 for the purchase of two Police Supervisor vehicles, and authorizing the Finance Director to make the necessary transfers.
Staff Report - Purchase of two Police Supervisor Vehicles.pdf
1. Resolution – Approval of Budget Amendment for the Purchase of Two Police Supervisor Vehicles
2. Quote for Tahoe - Supervisor Vehicle(s)
3. Quotes for Outfitting Supervisor Vehicles
21.I AUTHORIZE THE PURCHASE OF ONE QTAC TYPE-5 ENGINE (Fire Chief) The Adopted Budget for Fiscal Year (FY) 2024-2025 included $475,000 in the Vehicle Replacement Fund for the Fire Department in account #6306000-7430 for the purchase of one Type-5 fire engine (Resolution 23-86). The new engine will be utilized as a primary Type-5 engine. This will allow the primary Type-5 (2008 Danko) to move into a reserve status and the reserve Type-5 (2000 La-France) to be removed from the department fleet. The National Fire Protection Agency standard is for fire engines to remain in service for 20 years; 10 years as first out and then 10 years as a reserve.
Recommendation:
Move to adopt a resolution (Attachment 1) authorizing the City Manager to execute the purchase agreement including payment schedule (Attachment 2) with MTECH, Inc. (doing business as QTAC) 8 for one (1) QTAC Type-5 fire engine and associated emergency vehicle upfitting in the not-to-exceed amount of $459,360.
Staff Report - Purchase of one Type 5 Engine
1. Resolution – Type-5 Fire Engine Purchase
2. Purchase Agreement with MTECH, Inc.
3. Vehicle and Equipment Purchase and Replacement Policy and Procedures
21.J APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
22. Business Items
22.A INTRODUCTION AND FIRST READING OF A PROPOSED AMENDMENT TO BENICIA MUNICIPAL CODE TITLE 16 (SUBDIVISIONS) (Assistant City Manager) The project would repeal and replace Title 16 (Subdivisions) of the Benicia Municipal Code. In so doing, the project would implement Housing Element Program 1.08 to provide objective standards for subdivisions and streamline the parcel map requirements and review process. The amendment would additionally clarify procedures and bring the ordinance into alignment with the State Subdivision Map Act.
Recommendation:
Conduct a public hearing, move to waive the first reading, read by title only, and introduce an Ordinance of the City Council of the City of Benicia (Attachment 1) amending Title 16 (Subdivisions) of the Benicia Municipal Code.
Staff Report - Title 16 Amendment
1. Draft Ordinance Amending Title 16 Subdivisions
2. Correspondence from Steven Goetz, November 13, 2024
3. Planning Commission Resolution No. 24-9
4. Draft Minutes of the Planning Commission, November 14, 2024
22.B APPROACH TO COMPETITIVE BIDDING PROCESS FOR EXEMPT SURPLUS LANDS (CITY-OWNED SITES FOR AFFORDABLE HOUSING (Assistant City Manager) In early 2025, the City will begin the competitive bid process to obtain proposals and select a developer(s) for two city-owned housing opportunity sites, pursuant to Housing Element Program 1.16. 9 This agenda item provides an overview of the process and asks the Council to appoint a Council member to work with staff on the approach to developer interviews in Spring 2025.
Recommendation:
Select a Council member to work with staff on the composition of the interview committee to score and recommend a developer(s) for the Senior Center Site and Scout Property, and for that Councilmember to be on the interview committee.
Staff Report - Surplus Land Act
23. 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.)
23.A COUNCIL MEMBER COMMITTEE REPORTS
Council Member Committee Reports
24. Adjournment Of Regular Meeting (8:30 P.M.)
10 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 11 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