1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
SEPTEMBER 6, 2022
6:00 PM
City Council Chambers, City Hall, 250 East L Street, complete proceedings of which are recorded. These are action minutes; a full video is available online at www.ci.benicia.ca.us/agendas.
ACCESSING THE MEETING
1) CALL SPECIAL MEETING TO ORDER (5:00 P.M.)
Vice Mayor Campbell called the Special Meeting to order at 5:00 p.m. 2) CONVENE OPEN SESSION
3) ROLL CALL
Present: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge
Absent: Mayor Young
Excused: None
4) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
5) PUBLIC COMMENT FOR CLOSED SESSION
None
6) ADJOURN TO CLOSED SESSION
6.A - CONFERENCE WITH LEGAL COUNSELEXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Benicia Harbor Corporation v. City of Benicia, Arbitration Case No. 1130009780)
Vice Mayor Campbell adjourned the meeting to Closed Session at 5:01 p.m. 7) RECONVENE OPEN SESSION
Vice Mayor Campbell reconvened the Open Session at 6:02 p.m. 8) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
2 Ben Stock, City Attorney, stated there were no reportable actions taken during Closed Session.
9) ADJOURNMENT OF SPECIAL MEETING AND CALL REGULAR MEETING TO ORDER (6:00 P.M.)
Vice Mayor Campbell adjourned the Special Meeting and called the Regular Meeting to order at 6:02 p.m.
10) ROLL CALL
All Council Members were present.
11) PLEDGE OF ALLEGIANCE
12) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
13) ANNOUNCEMENTS
13.A - MAYOR'S OFFICE HOURS
13.B - OPENINGS ON BOARDS AND COMMISSIONS
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
15) ADOPTION OF THE AGENDA
On motion of Council Member Strawbridge, seconded by Council Member Macenski, Council approved the Adoption of the Agenda, as presented, on a roll call by the following vote:
3 Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
16) OPPORTUNITY FOR PUBLIC COMMENTS
17) WRITTEN COMMENT
18) PUBLIC COMMENT
1. Terry Scott - Mr. Scott discussed concern regarding the poor conditions of the soccer fields.
2. Eric Ruchames - Mr. Ruchames discussed support for the various Library programs.
19) 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)
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
RESOLUTION NO. 22- 105 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA ENDORSING ITS SUPPORT FOR AMENDING THE
GOVERNANCE STRUCTURE OF COMMUNITY ACTION PARTNERSHIP
SOLANO JOINT POWERS AUTHORITY AND AUTHORIZING THE MAYOR
TO SIGN THE UPDATED COMMUNITY ACTION PARTNERSHIP SOLANO
JOINT POWERS AUTHORITY AGREEMENT
4 RESOLUTION NO. 22- 105A - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S APPOINTMENTS OF
COUNCIL MEMBER LIONEL LARGAESPADA AND COUNCIL MEMBER
TREVOR MACENSKI AS THE CITY’S REPRESENTATIVES ON THE
COMMUNITY ACTION PARTNERSHIP SOLANO BOARD OF DIRECTORS
19.C - ACCEPTANCE OF THE EL BONITO WAY TRENCH DRAIN
PROJECT (Public Works Director)
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 RESOLUTION NO. 22- 106 -A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ACCEPTING THE EL BONITO WAY TRENCH DRAIN
PROJECT AS COMPLETE, AUTHORIZING THE CITY MANAGER TO SIGN
THE NOTICE OF COMPLETION, AND AUTHORIZING THE CITY CLERK TO FILE SAME WITH THE SOLANO COUNTY RECORDER’S OFFICE
19.D - RESOLUTION SUPPORTING SUBMITTAL OF APPLICATION
FOR TRANSPORTATION DEVELOPMENT ACT ARTICLE 3
GRANT FUNDS (Public Works Director)
Staff Report - Submittal of Application for TDA Article 3 Grant Funds
1. Resolution - Application for TDA Article 3 Funds
RESOLUTION NO. 22- 107 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA SUPPORTING SUBMITTAL OF APPLICATION FOR TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUNDS
19.E - APPROVAL OF BUDGET APPROPRIATION FOR THE 2022
CITYWIDE MICRO-SURFACING PROJECT (Public Works Director) 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 RESOLUTION NO. 22- 108 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING A BUDGET APPROPRIATION FOR THE 2022 CITYWIDE MICRO-SURFACING PROJECT AND DELEGATING
THE FINANCE DIRECTOR AS THE AUTHORITY TO MAKE THE
NECESSARY CHANGES ASSOCIATED WITH THIS PROJECT
19.F - AUTHORIZATION FOR STAFF POSITION RECLASSIFICATION
AND EXTENSION OF LIMITED DURATION ALLOCATIONS
WITHIN THE COMMUNITY DEVELOPMENT DEPARTMENT
(Community Development Director)
5 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
RESOLUTION NO. 22- 109 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING THE RECLASSIFICATION OF A
POSITION AND TWO POSITION ALLOCATION CHANGES FOR THE
COMMUNITY DEVELOPMENT DEPARTMENT AND AUTHORIZING
NECESSARY BUDGET AMENDMENTS
19.G - AUTHORIZATION OF CONTINUATION OF VIRTUAL MEETINGS (City Attorney)
Staff Report - Authorizing Teleconference Meetings to Continue
1. Resolution - Authorizing Teleconference Meetings to Continue RESOLUTION NO. 22- 110 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA AND ON BEHALF OF THE PLANNING
COMMISSION PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 54952(b) AUTHORIZING TELECONFERENCE MEETINGS IN COMPLIANCE WITH ASSEMBLY BILL 361 (GOVERNMENT CODE
SECTION 54953(e)) TO CONTINUE TO ALLOW MEMBERS OF THE PUBLIC
TO SAFELY PARTICIPATE IN LOCAL GOVERNMENT MEETINGS
19.H - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
On motion of Council Member Strawbridge, seconded by Council Member Largaespada, Council approved the adoption of the Consent Calendar, as presented, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
20) BUSINESS ITEMS
20.A - ZONING TEXT AMENDMENTS FOR SHORT-TERM RENTALS
(Community Development Director)
Staff Report - Short Term Rentals
ORDINANCE NO. 22- - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BENICIA AMENDING BENICIA MUNICIPAL CODE SECTION
6 17.12.30 (DEFINITIONS), 17.16.050 (USE CLASSIFICATIONS), 17.24.020 (RESIDENTIAL DISTRICTS), AND ADDING A NEW SECTION UNDER CHAPTER 17.70 (GENERAL REGULATIONS), 17.70.450 (SHORT TERM
RENTALS)
Evan Gorman, Associate Planner, reviewed the staff report and a PowerPoint presentation.
Council Member Largaespada and Staff discussed the staff support that this program would require, whether hosted short-term rentals were better, possibly doing a pilot program with high standards for one year or so, and possibly not allowing outdoor music to mitigate noise complaints.
Council Member Macenski and Staff discussed the issues of hosted short-term rentals, how transient occupancy tax worked with short-term rentals, and whether the issuance of a short-term rental would trigger a reassessment of property taxes for that property.
Council Member Strawbridge and Staff discussed how hosted short-term rental rules would be enforced, and the issue of parking requirements.
Mayor Young and Staff discussed ADU's not being able to qualify for short-term rentals, fees associated with short-term rental applications, and the issue of hosted short-term rental requiring the owner to be present for 5 hours.
Council Member Largaespada and Staff discussed the issue of having a maximum number of occupants for short-term rentals, and whether the City should require a floor plan when the application is submitted.
Council Member Macenski and Staff discussed the issue of a concentration of short-term rentals in one specific location, and the need to tie a percentage to any given area.
Vice Mayor Campbell and Staff discussed the issue of a trial program, and the ability to take a license away if something did not work out.
Public Comment:
1. Chris Kerz - Mr. Kerz spoke in support for allowing short-term rentals and support for the Planning Commission's recommendations.
2. Citizen - the citizen spoke in support for allowing short-term rentals.
Staff clarified the possible actions Council could take tonight.
Vice Mayor Campbell and Staff discussed the issue of complaints and enforcement.
Council and Staff discussed building a strong enforcement mechanism into the ordinance.
Mayor Young and Staff discussed support for allowing hosted short-term rentals.
7 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
On motion of Council Member Strawbridge, seconded by Council Member Macenski, Council approved the Introduction and First Reading of the above Ordinance, as presented, on a roll call by the following vote:
Ayes: Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young, Vice Mayor Campbell
Noes: (None)
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)
RESOLUTION NO. 22- 111 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA AMENDING THE LOCALLY ADOPTED
CALIFORNIA ENVIRONMENTAL QUALITY ACT ENVIRONMENTAL
REVIEW GUIDELINES TO INCORPORATE VEHICLE MILES TRAVELED
ANALYSIS METHODOLOGY AND THRESHOLDS OF SIGNIFICANCE, TO
REMOVE REDUNDANT AND OUTDATED GUIDELINES, AND ADOPT THE
STATE CEQA GUIDELINES THROUGH INCORPORATION BY REFERENCE Danielle Crider, Senior Planner, reviewed the staff report and a PowerPoint presentation.
Council Member Largaespada and Staff discussed the lack of use of the bus hub in the Industrial Park, what happened to the possible private company who wanted to use the 9th Street pier for a water taxi service to Silicon Valley, and the effects this could have on tourism.
Council Member Largaespada discussed support for Staff's recommendations. He and Staff discussed the issue of overriding considerations.
Council Member Macenski and Staff discussed SB 743.
Public Comment
None
8 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 On motion of Council Member Macenski, seconded by Council Member Largaespada, Council approved the adoption of Resolution 22-111, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski Noes: Council Member Strawbridge, Mayor Young
20.C - AUTHORIZATION FOR MATCHING WATER CONSERVATION
REBATES OFFERED BY SOLANO COUNTY WATER AGENCY
(Public Works Director)
RESOLUTION NO. 22- 112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA AUTHORIZING THE USE OF $200,000 FOR
MATCHING WATER CONSERVATION REBATES OFFERED BY SOLANO
COUNTY WATER AGENCY
Kyle Ochenduszko, Public Works Director, reviewed the staff report and a PowerPoint presentation.
Council Member Macenski discussed support for Staff's recommendations.
Council Member Strawbridge and Staff discussed the leak kit that residents can check out from the library and support for the yard signs.
Mayor Young discussed support for Staff's recommendations.
Public Comment:
1. Lori Grundman - Ms. Grundman asked where the funds for this would come from.
Staff Report - Matching Water Conservation Rebates
1. Resolution - Matching Water Conservation Rebates
2. SCWA 2021 Water Conservation Report
On motion of Council Member Macenski, seconded by Council Member Strawbridge, Council approved the adoption of Resolution 22-112, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
9 21) ADJOURNMENT OF REGULAR MEETING (8:00 P.M.)
Vice Mayor Campbell adjourned the meeting at 8:28 p.m.
City Clerk