1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, 250 East L Street, Council Chamber
Benicia, CA 94510
September 6, 2022
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.
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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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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 (5:00 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—EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Benicia Harbor Corporation v. City of Benicia, Arbitration Case No. 1130009780)
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
3 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 currently not holding office hours due to surgery. Effective October 3rd, 2022, 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.
13.B - OPENINGS ON BOARDS AND COMMISSIONS
- Building Code Board of Appeals
1 Partial Term, Expiring July 31, 2025
- Open Government Commission
1 Partial Term, Expiring January 31, 2025
1 Partial Term, Expiring January 31, 2026
1 Partial Term, Expiring July 31, 2025
- Sky Valley Open Space Committee
1 Partial Term, Expiring January 31, 2023
14. Proclamations
14.A - PROCLAMATION - CALIFORNIA COASTAL CLEAN UP DAY SEPTEMBER 17, 2022 (Public Works Director)
Proclamation - Coastal Cleanup Day
14.B - PROCLAMATION - INTERNATIONAL LITERACY DAY 2022 (Director of Library and Cultural Services)
Proclamation - International Literacy Day 2022
14.C - PROCLAMATION - BANNED BOOKS WEEK 2022 (Director of Library and Cultural Services)
Proclamation - Banned Books Week 2022
4 15. Adoption Of The Agenda
16. 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.
17. Written Comment
18. Public Comment
19. 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.
19.A - APPROVAL OF CITY COUNCIL MINUTES FROM JULY 19, 2022, JULY 26, 2022, AND AUGUST 16, 2022 REGULAR AND SPECIAL MEETINGS (City Clerk) Meeting Minutes - July 19, 2022
Meeting Minutes - July 26, 2022
Meeting Minutes - August 16, 2022
19.B - AMMEND COMMUNITY ACTION PARTNERSHIP OF SOLANO BOARD OF
DIRECTORS GOVERANCE STRUCTURE, APPOINT TWO COUNCIL MEMBERS TO
THE COMMUNITY ACTION PARTNERSHIP SOLANO BOARD OF DIRECTORS AND ONE STAFF MEMBER TO THE TECHNICAL ADVISORY COMMITTEE (City Manager) The City of Benicia is part of the Community Action Partnership Solano Joint Powers Authority (CAP Solano JPA), which is a collaboration of local governments in Solano County that provides oversight and resources to organizations that creatively deliver successful services to low-income people. 5 Community Action Partnership (CAP) Solano is recommending amending the governance structure of the CAP Solano JPA.
Recommendation:
1. Move to adopt a resolution (Attachment 1) approving the change of governance of the CAP Solano Board of Directors (the Board) to require membership of local elected officials rather than city managers or their designee and authorizing the Mayor to sign the updated Community Action Partnership of Solano Joint Powers Authority agreement (Exhibit A). The redlined version (Attachment 2) is provided for Council’s reference.
2. Move to adopt a resolution (Attachment 3) confirming the Mayor’s appointment of Council Member Lionel Largaespada as primary and Council Member Trevor Macenski as alternate to the CAP Solano Board of Directors, and authorizing the City Manager to appoint one staff member to the Board’s TAC.
Staff Report - Community Action Partnership Solano Structure
1. Resolution – Amend CAP Solano Board of Directors Structure and Authorize City Manager to Sign Final Draft CAP Solano JPA Agreement
2. Redline Draft CAP Solano JPA Agreement
3. Resolution – Appoint City Council Members to CAP Solano Board of Directors and One Staff Member to a TAC
19.C - ACCEPTANCE OF THE EL BONITO WAY TRENCH DRAIN PROJECT (Public Works Director)
On June 1, 2021, City Council adopted Resolution No. 21-59, awarding the construction contract to Ghilotti Brothers, Inc. for the El Bonito Way Sanitary Sewer Force Main Replacement Project, Project No. WO-082 (Project). On June 1, 2021, a resident on El Bonito Way informed staff of an ongoing flooding issue at their home. Staff took advantage of Ghilotti Brothers’ presence on El Bonito Way and engaged them to install a trench drain to mitigate the flooding issue. The trench drain is ready to be accepted as complete. The total cost was $49,122.84.
Recommendation:
Move to adopt a resolution (Attachment 1) accepting the El Bonito Way Trench Drain Project 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 the El Bonito Way Trench Drain Project
1. Resolution - Acceptance of El Bonito Way Trench Drain Project
2. Notice of Completion – El Bonito Way Trench Drain Project 6 19.D - RESOLUTION SUPPORTING SUBMITTAL OF APPLICATION FOR TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 GRANT FUNDS (Public Works Director)
Transportation Development Act (TDA) funds are generated from a ¼ cent tax on retail sales throughout California. Two percent of the TDA funding generated is returned to each county and funds are administered by the Metropolitan Transportation Commission (MTC).
Recommendation:
Move to adopt a resolution (Attachment 1) of local support for the application of TDA Article 3 (TDA-3) funds for FY 22-23 in the amount of $75,000 to construct pedestrian and bicycle safety improvements on Military East and East 5th Streets as part of the proposed Military East/East 5th Street Pedestrian and Bicycle Safety Improvements Project.
Staff Report - Submittal of Application for TDA Article 3 Grant Funds
1. Resolution - Application for TDA Article 3 Funds
19.E - APPROVAL OF BUDGET APPROPRIATION FOR THE 2022 CITYWIDE MICRO-SURFACING PROJECT (Public Works Director)
The 2021 Citywide Street Resurfacing Project was accepted by Council on May 18, 2022, and came in under budget by $335,164. The savings from that project was to be used for the 2022 Citywide Micro-Surfacing Project. Staff recommends using Gas Tax Reserves instead of Measure C funds for use on the 2022 Citywide Micro-Surfacing Project.
Recommendation:
Move to adopt a resolution (Attachment 1) approving a budget amendment increasing appropriations by $335,164 within the FY 2022-23 budget for the 2022 Citywide Micro-Surfacing Project and delegating the Finance Director as the authority to make the necessary revenue and expenditure increase associated with the projects.
Staff Report - Budget Appropriation for 2022 Citywide Micro-Surfacing Project
1. Resolution - Budget Appropriation for 2022 Citywide Micro-Surfacing Project
2. Resolution 22-59 - Acceptance of 2021-22 Citywide Street Resurfacing Project
19.F - AUTHORIZATION FOR STAFF POSITION RECLASSIFICATION AND
EXTENSION OF LIMITED DURATION ALLOCATIONS WITHIN THE COMMUNITY DEVELOPMENT DEPARTMENT (Community Development Director) The FY 21-23 budget for the Community Development Department (Department) authorizes eleven full time employees and two limited duration positions in the Building Safety Division. The Department continues to experience increased workload in combination with ongoing deployment of new 7 technologies and processes and has, in the last six months, experienced two administrative vacancies due to interdepartmental promotions. In addition to an overall increase in permitting and inspection activity, applications currently in the pipeline are expected to result in sustained workload for permitting and inspection. The Department is focused on staff retention and recruitment of employees with a specific interest in Community Development to facilitate effectiveness in completing day-to-day work and sustaining implementation of new technologies and processes.
Recommendation:
Move to adopt a resolution (Attachment 1) approving reclassification of one vacant Administrative Secretary position to a new job classification, “Community Development Coordinator” within the Community Development Department and extending the position allocation for two limited duration positions in the Building Safety Division through up to June 30, 2025.
Staff Report - Position Reclassification and Extension of Limited Duration Allocations within the Community Development Department
1. Resolution – Community Development Department Staffing Authorization and Budget Amendment
19.G - AUTHORIZATION OF CONTINUATION OF VIRTUAL MEETINGS (City Attorney)
The State recently enacted Assembly Bill 361 (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. The resolution before Council would allow the Council and Planning Commission members to participate remotely.
Recommendation:
Move to adopt a resolution (Attachment 1) to implement and utilize teleconference accessibility to conduct public meetings, pursuant to Assembly Bill 361.
Staff Report - Authorizing Teleconference Meetings to Continue
1. Resolution - Authorizing Teleconference Meetings to Continue
19.H - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
20. Business Items
20.A - ZONING TEXT AMENDMENTS FOR SHORT-TERM RENTALS (Community Development Director)
The proposed text amendments would amend Title 17 (Zoning) of the Benicia Municipal Code (BMC) to establish regulations for short-term rentals. Two potential ordinances will be considered during the 8 hearing: one ordinance which prohibits short-term rental businesses and one that allows them subject to licensing requirements.
Recommendation:
Staff recommends that Council take one of the following two actions.
Move to waive the first reading, read by title only, and introduce an ordinance:
1. Amending Title 17 (Zoning) of the Benicia Municipal Code to establish regulations for the operation of short-term rentals (Attachment 1). This ordinance would include amendments to General Regulations (BMC Chapter 17.70), Definitions (BMC section 17.12.030), Use Classifications (BMC section 17.16.050) and Residential Districts (BMC section 17.24.020); or
2. Amending Title 17 (Zoning) of the Benicia Municipal Code to prohibit short-term rentals in Benicia (Attachment 2). This ordinance would include amendments to General Regulations (BMC Chapter 17.70) and Residential Districts (BMC section 17.24.020).
Staff Report - Short Term Rentals
1. Draft Ordinance Regulating Short-Term Rentals
2. Draft Ordinance Prohibiting Short-Term Rentals
3. Council Meeting Minutes Excerpt - September 15, 2020
4. Planning Commission Meeting Minutes - May 13, 2021
5. Outreach Meetings Summary - August 2021
6. Outreach Meeting Summary - February 2022
7. Planning Commission Staff Report Without Attachments - June 30, 2022
8. Planning Commission Resolution No. 22-6 Recommending Regulating Ordinance
9. Map of Downtown Mixed Use Master Plan Area
20.B - REVISIONS TO BENICIA’S CALIFORNIA ENVIRONMENTAL QUALITY ACT
GUIDELINES AND ADOPTION OF VEHICLE MILES TRAVELED METHODOLOGY AND THRESHOLDS OF SIGNIFICANCE (Community Development Director) Pursuant to Senate Bill 743 (SB 743), cities must review transportation impacts of new development using a Vehicle Miles Traveled (VMT) methodology for purposes of California Environmental Quality Act (CEQA) analysis, rather than previous transportation impact methodologies such as Level of Service (LOS). The proposed VMT analysis methodology and thresholds would be adopted as amendments to the local CEQA guidelines to assist in the review of transportation impacts. In addition, further amendments to the locally adopted CEQA review guidelines are recommended for the purposes 9 of removing redundant and outdated guidelines. On August 11, 2022, the Planning Commission recommended approval of the proposed VMT thresholds and CEQA guidelines amendments.
Recommendation:
Move to adopt a resolution (Attachment 1) amending the City of Benicia’s Local Guidelines for CEQA Review to incorporate VMT analysis methodology and thresholds of significance and to remove redundant and outdated guidelines.
Staff Report - CEQA Guidelines and VMT Methodology
1. Resolution – CEQA Guidelines and VMT Methodology
2. Planning Commission Resolution No. 22-8
3. Mark-Up Copy of Proposed Revisions to CEQA Guidelines
20.C - AUTHORIZATION FOR MATCHING WATER CONSERVATION REBATES OFFERED BY SOLANO COUNTY WATER AGENCY (Public Works Director) The City partners with the Solano County Water Agency (SCWA) for water conservation rebates, such as turf replacement and washing machine rebates. City staff is recommending to enhance the existing SCWA water conservation rebate program to provide additional incentives to residents and businesses to help conserve water and meet the State mandated 10-20% water reduction goal. City staff is proposing to match, dollar for dollar, water conservation rebates up to $200,000 while funds last.
Recommendation:
Move to adopt a resolution (Attachment 1) authorizing the use of $200,000 from water enterprise fund reserves to offer a matching rebate to Benicia residents and businesses that receive a water conservation rebate from the Solano County Water Agency and approving the necessary budget amendment.
Staff Report - Matching Water Conservation Rebates
1. Resolution - Matching Water Conservation Rebates
2. SCWA 2021 Water Conservation Report
21. Adjournment Of Regular Meeting (8:00 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