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Benicia City Council
January 25, 2022

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Agenda
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January 25, 2022
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Benicia City Council
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Text extracted from the city's file for reading and search. Open the original on benicia.granicus.com. That file is the official record.

1 BENICIA CITY COUNCIL/PLANNING COMMISSION

JOINT CITY COUNCIL MEETING/SPECIAL PLANNING COMMISSION MEETING AGENDA
Videoconferencing Meeting
January 25, 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/84882273477?pwd=Ukg3eHhSNDFLYW5OL3Noa1QvTU5UQT09 • If prompted for a password, enter 565546.
• 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: 848 8227 3477 *please note this is an updated ID number*. • Enter password: 565546
• 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 To Order (6:00 P.M.)

2. Convene Open Session

3. Roll Call

4. Pledge Of Allegiance

5. 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. 3 6. Announcements

7. Proclamations

8. Appointments

9. Presentations

10. Adoption Of Agenda

11. 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:
- 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/84882273477?pwd=Ukg3eHhSNDFLYW5OL3Noa1QvTU5UQT09 • If prompted for a password, enter 565546.
• 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
4 1 312 626 6799
• Enter the meeting ID number: 848 8227 3477 *please note this is an updated ID number*. • Enter password: 565546
• 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.

12. Written Comment

13. Public Comment

14. 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.

15. Business Items

15.A - STUDY SESSION PRESENTATION AND DISCUSSION OF THE HOUSING ELEMENT UPDATE (Community Development Director)
Every eight years, every California city and county must update the Housing Element of their General Plan and have it certified by the California Department of Housing and Community Development (HCD). For the current 2015-2023 Housing Element cycle, Benicia was required to plan for 327 new housing units. Moving forward into the upcoming 2023-2031 Housing Element cycle, we are now required to plan for 750 new housing units. The new Housing Element cycle begins in January 2023, which is our deadline to adopt the plan; in advance of that deadline, the City will need to complete the draft Housing Element for initial review by the California Housing and Community Development Department by June, 2022.

The purpose of this Housing Element study session is to provide an overview of the Housing Element requirements and update process and recent State housing legislation, to present the Housing Sites Inventory and to receive direction regarding opportunity sites and other strategies to meet the City’s Regional Housing Needs Allocation.

Recommendation:

Receive the presentation, accept public comment, and provide direction to staff.

Staff Report - Housing Element Study Session

1. Housing Needs Data Report - Benicia
5 2. Consequences of Non-Compliance with Housing Laws

3. Draft Sites Inventory Map - January 2022

15.B - STUDY SESSION PRESENTATION AND DISCUSSION OF POTENTIAL AMENDMENTS TO THE INCLUSIONARY HOUSING ORDINANCE (Community Development Director)
On March 23, 2021, the City Council directed the consideration of updates to the City of Benicia Inclusionary Housing Ordinance, BMC section 17.70.320, that would 1) increase the inclusionary requirement from 10% to 15%; 2) resolve inconsistencies with current case law; and 3) contemplate alternatives to in lieu fees to encourage on-site production of housing units.

The purpose of this study session discussion item is to provide an overview of the current ordinance, present economic analysis related to housing cost and feasibility, and to receive direction on potential amendments to the Inclusionary Housing Ordinance.

Recommendation:

Receive the presentation, accept public comment, and provide direction to staff.

Staff Report - Inclusionary Housing Ordinance

1. City of Benicia Inclusionary Housing Ordinance

2. Resolution No. 04-56 Adopting an In-Lieu Fee Formula

3. Department of Housing and Community Development, State Income Limits

4. 2015-2023 Housing Element Excerpt

16. Adjournment (10:00 P.M.)
6 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 7 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

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