1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Videoconferencing Meeting
January 4, 2022
6:00 PM
Coronavirus (Covid-19) Advisory Notice
Consistent with Government Code section 54953(e), and in light of the declared state of emergency, the meeting will not be physically open to the public. Members of the City Council and staff will participate in this meeting via videoconferencing as permitted under Government Code section 54953(e).
As always, the public may submit public comments in advance and may view the meeting from home.
Below is information on how to watch the meeting via cable and/or live stream and how to send in public comments that will be part of the public record.
How to Watch the Meeting:
1) Cable T.V. Broadcast - Check with your cable provider for your local government broadcast channel.
2) Livestream online at www.ci.benicia.ca.us/agendas.
3) Zoom Meeting (link below)
How to Submit Public Comments for this videoconferencing meeting:
Members of the public may provide public comments 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, and will not be read into the record.
2 - Comments received after the start time of the meeting, but prior to the close of the public comment period for an item will be read into the record, with a maximum allowance of 5 minutes per individual comment, subject to the Mayor's discretion.
Additionally, the public may view and provide public comment via Zoom (via computer or phone) link:
https://us02web.zoom.us/j/82424949529?pwd=bXNycmR6OGRxSU51TmRpZnh1UlpnUT09 • If prompted for a password, enter 540727.
• 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: 824 2494 9529 *please note this is an updated ID number*. • Enter password: 540727
• 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.
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 per section 4.04.030 of the City of Benicia's Open Government Ordinance.
5. Adjourn To Closed Session
3 5.A - CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Number of Potential Cases: 1 (Crestview Apartments, LLC, July 8, 2021, Government Code Claim on File with City Clerk’s Office)
6. Reconvene Open Session
7. Announcement From Closed Session, If Any
8. Adjournment Of Special Meeting And Call Regular Meeting To Order (6:00 P.M.)
9. Roll Call
10. Pledge Of Allegiance
11. 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 per section 4.04.030 of the City of Benicia's Open Government Ordinance.
12. Announcements
12.A - MAYOR'S OFFICE HOURS
Mayor Young will not be holding office hours due to surgery.
At a future date to be determined, Mayor Young will resume 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.
12.B - OPENINGS ON BOARDS AND COMMISSIONS
- Arts & Culture Commission
1 Full Term, Expiring January 31, 2026
- Building Code Board of Appeals
1 Full Term, Expiring July 31, 2025
4 - Community Sustainability Commission
1 Full Term, Expiring January 31, 2026
- Economic Development Board
1 Full Term, Expiring January 31, 2026
- Housing Authority Board
2 Tenant Terms, Expiring January 31, 2024
- Human Services Board
1 Full Term, Expiring July 31, 2025
- Library Board of Trustees
1 Partial Term, Expiring July 31, 2022
- Open Government Commission
3 Full Terms, Expiring January 31, 2026
- Parks, Recreation & Commission
1 Full Term, Expiring January 31, 2026
- Planning Commission
2 Full Terms, Expiring January 31, 2026
- Sky Valley Open Space Committee
1 Full Term, Expiring January 31, 2023
13. Proclamations
14. Appointments
15. Presentations
16. Adoption Of The Agenda
17. Opportunity For Public Comments
How to Submit Public Comments for this videoconferencing meeting:
Members of the public may provide public comments 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:
5 - 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, and will not be read into the record.
- Comments received after the start time of the meeting, but prior to the close of the public comment period for an item will be read into the record, with a maximum allowance of 5 minutes per individual comment, subject to the Mayor's discretion.
Additionally, the public may view and provide public comment via Zoom (via computer or phone) link:
https://us02web.zoom.us/j/82424949529?pwd=bXNycmR6OGRxSU51TmRpZnh1UlpnUT09 • If prompted for a password, enter 540727.
• 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: 824 2494 9529 *please note this is an updated ID number*. • Enter password: 540727
• 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.
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 - APPROVAL OF CITY COUNCIL MINUTES FROM DECEMBER 7, 2021 AND DECEMBER 21, 2021 REGULAR MEETINGS (City Clerk)
6 Recommendation:
Approve the minutes.
20.B - SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 8.24 REFUSE MATTER DISPOSAL (Public Works Director) The City Council introduced the attached ordinance on December 21, 2021, which includes amendments to language in Chapter 8.24 of the Benicia Municipal Code. The proposed ordinance amends Chapter 8.24 of the Benicia Municipal Code, Refuse Matter Disposal. The amendments added language to enact regulations in compliance with Senate Bill (SB) 1383 for implementation of organics recycling and related solid waste and recycling processing and reporting.
Recommendation:
Move to adopt the ordinance (Attachment 1) of the Benicia Municipal Code, Section 8.24 (Refuse Matter Disposal) finding the ordinance exempt under the California Environmental Quality Act.
Staff Report - 2nd Reading and Adoption of Amendment to Chapter 8.24 Refuse Matter Disposal
1. Ordinance - Amendment of Chapter 8.24 Reuse Matter Disposal
20.C - SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING BENICIA MUNICIPAL CODE TITLES 8 (HEALTH AND SAFETY) AND 15 (BUILDING
AND CONSTRUCTION) TO ADD FINDINGS AND ESTABLISH REGULATIONS FOR
CONSTRUCTION WASTE REDUCTION, DISPOSAL AND RECYCLING AND WATER EFFICIENT LANDSCAPING (Community Development Director)
The State of California Building has adopted Senate Bill 1383 (California’s Short-Lived Climate Pollutant Reduction Law) which establishes regulations to achieve waste reduction goals, including construction and demolition (C&D activities) effective January 1, 2022. Local jurisdictions must adopt an ordinance that requires compliance with specific sections of the California Green Building Standards Code (CALGreen) and Model Water Efficient Landscape Ordinance (MWELO). The proposed ordinance would implement local compliance with SB 1383 and would additionally adopt findings for local amendments to the Fire and Building Codes, which are required for the California Building Standards Commission to accept the local amendments.
This ordinance was introduced at the City Council meeting on December 21, 2021.
Recommendation:
Move to adopt the ordinance (Attachment 1) of the City Council amending Titles 8 (Health and Safety) and 15 (Building and Construction) of the Benicia Municipal Code and find that the ordinance is exempt under the California Environmental Quality Act.
Staff Report - Building Code Amendments
7 1. Ordinance Amending Titles 8 and 15
20.D - APPROVAL TO PROCEED AND MAKE NECESSARY BUDGET AMENDMENT TO PAVE THE NORTHERN PORTION OF EAST E STREET PARKING LOT (Public Works Director)
The East E Street parking lot is comprised of two city-owned parcels and the right of way between First and East 2nd Streets. Currently, the parking lot is unpaved. This project will add 21 paved parking spaces to the northern end of the parking lot.
Recommendation:
Move to adopt a resolution (Attachment 1) approving a budget amendment to fund the East E Street Parking Lot Paving Project.
Staff Report - Approve East E Street Parking Lot Paving Project
1. Resolution - Establish East E Street Parking Lot Paving Project
20.E - AUTHORIZATION CONTINUATION OF VIRTUAL MEETINGS (City Attorney) The State recently enacted AB 361, amending the Brown Act. AB 361 allows the City to continue with virtual meetings, as long as certain findings are made that in-person meetings would present an imminent risk to the health and safety of attendees. On October 5, 2021, the City Council adopted Resolution No. 21-127 with necessary findings to maintain virtual meetings. State legislation requires that local jurisdictions adopt a resolution every thirty days to affirm such findings in order to continue virtual meetings for all its legislative bodies. During the state of emergency, this item will be presented to Council at least every thirty days.
Recommendation:
Move to adopt the resolution (Attachment 1), affirming the findings that current conditions authorize virtual (teleconference) public meetings, and authorizing the City’s legislative bodies to conduct virtual meetings.
Staff Report - Authorization of Continuation of Virtual Meetings
1. Resolution - Authorization of Continuation of Virtual Meetings
20.F - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
21. Business Items
21.A - ADOPTION OF THE ANNUAL AND FIVE-YEAR AB 1600 REPORT (Finance Director)
8 In California, State legislation sets certain legal and procedural parameters for the charging of development impact fees. This legislation was passed as AB 1600 by the California Legislature and is now codified as California Government Code Sections 66000 through 66023 (“Mitigation Fee Act”).
The Mitigation Fee Act requires any local agency that imposes development impact fees to prepare an annual report and a five-year report that provide specific information about those fees. This report serves both of those functions and has been prepared for the City of Benicia for the fiscal year (FY) ended June 30, 2021, in accordance with the provisions of the California Government Code Section 66006 (b) and 66001 (d).
Recommendation:
Move to adopt the resolution (Attachment 1) adopting the AB 1600 Report (Attachment 1a).
Staff Report - Adoption of Annual and Five-Year AB 1600 Report
1. Resolution - Adoption of AB 1600 Report with ExhibitA
21.B - AMENDMENTS TO TITLE 17 (ZONING) OF THE BENICIA MUNICIPAL CODE
AND THE BENICIA GENERAL PLAN IN ORDER TO IMPLEMENT THE EASTERN
GATEWAY STUDY AND ADOPTION OF AN INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION
The proposed project includes amendments to the Benicia General Plan and General Plan Land Use Diagram, Title 17 (Zoning) of the Benicia Municipal Code (BMC), and the Benicia Zoning Map, as well as adoption of an Initial Study-Mitigated Negative Declaration (IS-MND) pursuant to the California Environmental Quality Act (CEQA). The project would implement the community vision developed through the Eastern Gateway Study, including introduction of two new mixed use districts with corresponding land use designations and a General Plan goal to support realization of the Study Area Vision Statement into the future. Zoning Ordinance amendments are proposed in Chapters 17.08 (Organization, Applicability, and Interpretation), 17.12 (Definitions), 17.26 (Mixed Use Districts),
17.70 (General Regulations), 17.74 (Off Street Parking and Loading Regulations), 17.104 (Use Permits and Variances), and 17.108 (Applicability) of the Benicia Municipal Code.
The Planning Commission recommended approval of the project and adoption of the IS-MND following a public hearing on December 9, 2021. Draft Resolution and Ordinance reflect recommendation of the Planning Commission with one minor change to BMC 17.26.020.A.2.a. This evening the City Council is holding a public hearing to review this item.
Recommendation:
1. Hold a public hearing and move to adopt the resolution (Attachment 1) adopting the IS-MND prepared for the Eastern Gateway project and amending the General Plan and Land Use Diagram.
2. Move to waive the first reading, read by title only, and introduce an ordinance (Attachment 2) of the City Council amending Title 17 (Zoning) of the Benicia Municipal Code and Benicia Zoning Map.
Staff Report - Eastern Gateway
1. Draft Resolution - General Plan & IS-MND
9 2. Draft Ordinance Amending the Benicia Municipal Code (Zoning) and Zoning Map
3. Resolution 19-111 (CC)
4. Minutes of City Council, March 16, 2021
5. Minutes of Planning Commission, February 11, 2021
6. Minutes of Planning Commission, July 29, 2021
7. Minutes of Planning Commission, November 4, 2021
8. Walking Tour Feedback Memorandum, November 2, 2020
9. Open House Feedback Memorandum, June 29, 2021
10. Comment Matrix of Feedback Received on Draft Regulations, November 4, 2021
11. Planning Commission Staff Report, December 9, 2021 (without attachments)
12. Resolution 21-7 (PC)
13. Draft Excerpt Minutes of the Planning Commission, December 9, 2021
14. Public Comment from December 9, 2021 Planning Commission Hearing
15. Resolution No. 21-12 (ALUC)
16. Public Comment on Draft Initial Study-Mitigated Negative Declaration
17. Yocha Dehe Wintun Nation Letter, November 17, 2021
22. Adjournment Of Regular Meeting (9:00 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 Campbell: 707-746-4213
Council Member Strawbridge: 707-746-4213
Council Member Largaespada: 707-746-4213
Council Member Macenski: 707-746-4213