1 BENICIA CITY COUNCIL
CITY COUNCIL MEETING AGENDA
Benicia City Hall, 250 East L Street, Council Chamber
Benicia, CA 94510
September 20, 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.
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: 885 0804 7557 *please note this is an updated ID number*. 2 • Enter password: 449303
• 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 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.
6. Announcements
6.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.
6.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
3 - Sky Valley Open Space Committee
1 Partial Term, Expiring January 31, 2023
7. Proclamations
7.A - PROCLAMATION - BENICIA ARBOR DAY - OCTOBER 8, 2022 (Parks and Community Services)
Proclamation - Arbor Day - October 8, 2022
7.B - PROCLAMATION - HISPANIC HERITAGE MONTH - SEPTEMBER 2022 (City Manager)
Proclamation - Hispanic Heritage Month - September 2022
7.C - PROCLAMATION - NATIONAL SERVICE DOGS MONTH - SEPTEMBER 2022 (City Manager)
Proclamation - National Service Dogs Month - September 2022
8. Adoption Of Agenda
9. 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.
10. Written Comment
11. Public Comment
12. 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 4 member of the public. Items removed from the Consent Calendar shall be considered immediately following the adoption of the Consent Calendar.
12.A - APPROVAL OF CITY COUNCIL MINUTES FROM SEPTEMBER 6, 2022 SPECIAL AND REGUALR MEETING (City Clerk)
Meeting Minutes - September 6, 2022
12.B - SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING TITLE 17 (ZONING) OF THE BENICIA MUNICIPAL CODE TO ESTABLISH REGULATIONS
FOR THE OPERATION OF SHORT-TERM RENTALS AND ESTABLISHMENT OF ASSOCIATED LICENSING AND RENEWAL FEES (Community Development Director) The proposed ordinance would amend Title 17 (Zoning) of the Benicia Municipal Code (BMC) to establish regulations for short-term rentals subject to licensing requirements. In addition, the proposed resolution would establish fees for licensing and renewal of short-term rentals and, if adopted, would be made part of the City of Benicia Master Fee Schedule.
The City Council conducted a public hearing and introduced the ordinance on September 6, 2022.
Recommendation:
Move to adopt an ordinance (Attachment 1) of the City Council amending Title 17 (Zoning) of the Benicia Municipal Code and to adopt a resolution (Attachment 2) establishing fees for licensing and renewal of short-term rentals (Exhibit A), and find that the ordinance and resolution are exempt under the California Environmental Quality Act.
Staff Report - Short Term Rentals
1. Ordinance - Amending Title 17 – Short-Term Rentals
2. Resolution - Establishing License Application Fees
12.C - AMENDMENTS TO THE CITY’S CONFLICT OF INTEREST CODE (City Attorney)
Pursuant to Government Code section 87302, the City is required to review its conflict of interest code every two (2) years to determine if amendments are needed. Staff has reviewed the code and determined that updates are needed. Changes include updating the designated positions to reflect current job titles and to add additional positions that are required to disclose financial interests.
Recommendation:
Move to adopt a resolution (Attachment 1) amending the City’s conflict of interest code (Exhibit A).
Staff Report - Amendments to the City's Conflict of Interest Code
1. Resolution - Amending the City’s Conflict of Interest Code 5 12.D - APPROVAL OF AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BENICIA AND SENIOR MANAGEMENT EMPLOYEES (Human Resources) City Council approved an agreement with the Senior Management Employees on July 20, 2021. Staff is recommending minor revisions to the Agreement.
Recommendation:
Move to adopt a resolution (Attachment 1) amending the July 20, 2021 agreement (Exhibit A) between the City of Benicia and the Senior Management Employees.
Staff Report - Amendment to Senior Management Agreement
1. Resolution – Senior Management Employees Agreement Amendment
12.E - RESPONSE TO 2021-2022 GRAND JURY REPORT “EFFECTIVE EMERGENCY RESPONSE NEEDS CITY AND COUNTY SUPPORT” (Fire Chief)
The 2021-2022 Solano County Civil Grand Jury (Grand Jury) completed a review of emergency communications in Solano County. The Grand Jury issued a report of their findings and associated recommendations (Attachments 1 & 2), to which the City needs to respond in writing under State Law by September 27, 2022. The City Council must first approve the response.
Recommendation:
Move to approve, by minute action, the City of Benicia’s response (Attachment 3) to the 2021-2022 Solano County Civil Grand Jury Report entitled “Effective Emergency Response Needs City and County Support.”
Staff Report - Response to 2021-2022 Grand Jury Report
1. Cover Letter Conveying the Grand Jury Report to the City of Benicia
2. Report on Emergency Communications by the 2021-2022 Solano County Civil Grand Jury
3. Proposed Response Letter from the City
12.F - ACCEPTANCE OF GENERAL FUND GRANT FUNDS FOR THE BENEFIT OF THE KYLE HYLAND FOUNDATION City Manager)
As part of the Fiscal Year 2021-22 State Budget, the State awarded a $5 million grant through the California National Resources Agency (CNRA) to the City of Benicia for the benefit of the Kyle Hyland Foundation (KHF), a local non-profit organization in Benicia, focused on offering mental health programs to youth. The City, KHF, and the City’s consultant, Woodard & Curran, are coordinating on the preparation and submittal of the Project Information Package to CNRA as the first step in accessing the grant funding. This package requires an Authorizing Resolution from the City Council to accept the General Fund Grant Funds for the benefit of KHF.
6 Recommendation:
Move to adopt a resolution (Attachment 1) accepting the General Fund Grant Funds for the benefit of the Kyle Hyland Foundation. The grant amount is $5,000,000 and will be administered through the City until March 1, 2026.
Staff Report - Grant Acceptance for Kyle Hyland Grant
1. Resolution – Authorizing Resolution for Acceptance of General Grant Funds
12.G - ACCEPTING THE NAPA SOLANO AREA AGENCY ON AGING GRANT AND
AUTHORIZING BUDGET AMENDMENTS TO INCREASE THE FRC BUDGET TO EXPEND GRANT FUNDS TO ASSIST AT-RISK SENIORS (Police Chief) The Benicia Police Department’s Family Resource Center (FRC) received a grant for $84,675 from the Napa Solano Area Agency on Aging (NSAAA) for the period of July 1, 2022 to June 30, 2023 to assist at-risk seniors.
Recommendation:
Adopt a resolution (Attachment 1) accepting the grant and approving a budget amendment within the Family Resource Center budget, to reflect the total amount of funding received and provide for the expense authority to spend the received funding.
Staff Report - NSAAA Grant and FRC Budget Amendment
1. Resolution – FRC Budget Amendment
2. NSAAA Agreement
12.H -APPROVAL OF AMENDMENT TO AGREEMENT WITH LARRY WALKER ASSOCIATES, INC. FOR REGULATORY SUPPORT FOR STORMWATER PERMIT COMPLIANCE (Public Works Director)
The City entered into an agreement in December 2014 with Larry Walker Associates, Inc. (LWA) to provide regulatory support for compliance with the Phase II National Pollutant Discharge Elimination System (NPDES) Small Municipal Stormwater Permit (Phase II Stormwater Permit) that regulates the City’s storm water system. Due to short staffing, the City requires additional support from LWA to implement permit requirements. The amendment to the LWA agreement will provide assistance in program oversight as well as providing required training to new City staff to incorporate permit requirements into the City’s planning, permitting, and construction inspection programs.
Recommendation:
Move to adopt a resolution to approve an amendment to an agreement for regulatory support for compliance with the Phase II Stormwater Permit to Larry Walker Associates, Inc. for a not-to-exceed amount of $74,347 and authorizing the City Manager to execute the amendment on behalf of the City. 7 Staff Report - Approval of Amendment to Agreement with Larry Walker Associates, Inc.
1. Resolution - Approval of Amendment to Agreement with Larry Walker Associates, Inc.
2. Amendment to Agreement - Larry Walker Associates, Inc.
3. Scope of Work – City of Benicia Phase II Stormwater Permit General Support and Program Oversight
12.I - FY 2021-22 THIRD QUARTER INVESTMENT REPORT (Finance Director) The investment report for the quarter ended March 31, 2022, 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.
Recommendation:
Move to accept the March 31, 2022, Investment Report (Attachment 1).
Staff Report - FY 2021-22 Third Quarter Investment Report
1. FY 2021-22 Third Quarter Investment Report - Quarter Ending March 31, 2022
12.J - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
13. Business Items
13.A - WATER CONSERVATION UPDATE (Public Works Director) At the June 21, 2022, meeting, the City Council declared Stage 2 of the City’s Emergency Water Conservation Plan due to the serious drought and the State Water Resources Control Board’s recent regulations. Stage 2 requires all users to reduce their water use by up to 20% as compared to their use in 2020. Staff is returning to City Council three months later to conduct a presentation with an update on the City’s water conservation efforts.
Recommendation:
Receive the report.
Staff Report - Water Conservation Update
13.B - QUARTERLY POLICY ISSUE REQUESTS FROM COUNCIL (City Manager) The City Council discusses various non-urgent “Two-Step” requests made by individual members of the City Council on a quarterly basis, as described in the City Council Rules of Procedure (Attachment 1).
Three Quarterly Policy Issue (Two-Step) Requests were submitted for Council’s consideration. 8 1. Council Member Largaespada - consider regulating vacant storefront windows (non-industrial) (Attachment 2); and
2. Council Member Strawbridge - consider an all-purpose year round sports field (Attachment 3); and
3. Vice Mayor Campbell - consider a public art project celebrating LGBTQ diversity (Attachment 4).
Recommendation:
Discuss the Two-Step Requests and provide direction to staff on whether or not to schedule this topic for future Council discussion.
Staff Report - Quarterly Policy Issue Requests from Council
1. City Council Rules of Procedure
2. Two-Step Request - Vacant Storefront Windows - Councilmember Largaespada
3. Two-Step Request - All-Purpose Year Round Sports Field - Councilmember Strawbridge
4. Two-Step Request - LGBTQ Diversity Public Art Project - Vice Mayor Campbell
14. Council Member Committee Reports:
(Council Members 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.)
14.A - COUNCIL MEMBER COMMITTEE REPORTS (City Manager)
Committee Reports
15. Adjournment (8:00 P.M.)
9 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 10 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