1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, 250 East L Street, Council Chamber
Benicia, CA 94510
November 15, 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 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. Adjourn To Closed Session
5.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)
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
3 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 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.
12. Announcements
12.A - MAYOR'S OFFICE HOURS
Mayor Young is maintaining 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 pm 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
- 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
13. Adoption Of The Agenda
14. 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.
15. Written Comment
4 16. Public Comment
17. 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.
17.A - APPROVAL OF CITY COUNCIL MINUTES FROM THE NOVEMBER 1, 2022 REGULAR MEETING (City Clerk)
November 1, 2022 City Council Meeting Minutes
17.B - APPROVAL OF SALARY SCHEDULES (Human Resources)
California Public Employee’s Retirement System (CalPERS) requires the adoption of resolutions duly approving and adopting publicly available pay schedules in accordance with the requirement of the California Code of Regulations (CCR), Title 2, Section 570.5.
Recommendation:
Adopt a resolution (Attachment 1) approving and adopting publicly available pay schedules (Exhibit A) in accordance with the California Code of Regulations, Title 2, Section 570.5.
Staff Report - Approval of Salary Schedules
1. Resolution - Salary Schedules
17.C - CONSIDERATION TO ADOPT A RESOLUTION EXPANDING
TELECONFERENCE MEETING OPTIONS DURING PROCLAIMED STATE OF EMERGENCIES (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 5 17.D - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
18. Business Items
18.A - APPROVAL OF A BUSINESS DISCOVERY AND AMNESTY PROGRAM RELATED TO BUSINESS LICENSES (Finance Director)
The City of Benicia requested HdL Companies (HdL), the City’s contracted business license administrator, to conduct an initial review of non-compliant business within the city limits. The outcome of this review was significant enough that staff is requesting council approve an amnesty program to provide a grace period to allow businesses to come into compliance. The objective of the program is to provide businesses an awareness of the regulations to perform business within the city limits and provide some level of forgiveness as it relates to late penalties/fines but not the fee itself. All past due fees would be due. Post this program, the City will have a better compliance level and increased revenue.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the recommended Business Discovery and Amnesty Program.
Staff Report - Business Discovery Program
1. Resolution – Business Discovery and Amnesty Program
18.B - AMENDMENTS TO TITLE 17 (ZONING) OF THE BENICIA MUNICIPAL CODE PERTAINING TO MIXED USE-INFILL ZONING (Community Development) The Mixed-Use – Infill (MU-I) zoning regulations allow commercial, mixed-use, and residential development in a form that promotes a safe and vibrant pedestrian environment and is compatible with the visual character of Benicia. The proposed targeted revisions to the mixed use regulations and associated chapters will facilitate applicability of the MU-I zoning to existing shopping center sites. clarify applicability of streetscape improvements, and clarify procedures for inactive applications. No rezoning is proposed at this time.
Recommendation:
Move to waive the first reading, read by title only, and introduce an ordinance (Attachment 1) amending Title 17 (Zoning) of the Benicia Municipal Code (BMC) to modify Organization, Applicability, and Interpretation (Chapter 17.08), Definitions (Section 17.12.030), Mixed-Use Districts (Chapter 17.26), and Off-Street Parking and Loading Regulations (Sections 17.74.130 and 17.74.220).
Staff Report - Mixed Use - Infill Zoning Text Amendments
1. Draft Ordinance
2. Planning Commission Resolution No. 22-9
6 18.C - SECOND READING OF AN ORDINANCE ADDING CHAPTER 8.30 (FIREWORKS) UNDER TITLE 8 (HEALTH AND SAFETY) OF THE CITY OF BENICIA MUNICIPAL CODE (Fire Chief)
The Benicia Fire Department is concerned about the very real threat that fireworks pose to the health and safety of Benicia residents as well as the threat of fires caused by illegal fireworks. On November 1, 2022, the Benicia City Council heard and advanced the adoption of an ordinance to regulate the sale, use, and discharge of fireworks in the City, whether classified as “dangerous fireworks” or “safe and sane fireworks” pursuant to Health and Safety Code Sections 12500 et seq. With some exceptions, the possession, storage, sale, and discharge of fireworks shall be illegal without a permit. Permits shall only be distributed to a competent state-licensed operator and shall be regulated so as not to be hazardous to property or endanger residents.
Recommendation:
Move to adopt an ordinance (Attachment 1) to delete Section 8.28.050(Y) (Section 5602 – Firework Findings) of Chapter 8.28 (Fire Prevention and Life Safety Code) of Title 8 (Health and Safety) of the Benicia Municipal Code and adding a new chapter under Title 8, 8.30 (Fireworks) to address fireworks regulations.
Staff Report - Second Reading and Adoption of an Ordinance Adding Chapter 8.30 (Fireworks) Under Title 8 (Health and Safety) of the City of Benicia Municipal Code
1. Ordinance – Chapter 8.30 (Fireworks) – Clean Version
18.D - SECOND READING OF THE 2022 CALIFORNIA FIRE CODE AND CHAPTER AMENDMENTS (Fire Chief)
The California Building Standards Commission (CBSC) has adopted the 2022 California Fire Code (CFC) and has set a mandatory implementation date of January 1, 2023. Implementing the 2022 CFC, with staff recommended amendments and additions, will address specific needs within the City of Benicia, while maintaining compliance with the CBSC. On November 1, 2022 the Benicia City Council heard, and advanced, the adoption of an Ordinance that would repeal Chapter 8.28 of Title 8 of the City of Benicia Municipal Code (BMC) and replace with the 2022 California Fire Code as prepared by the California Building Standards Commission with recommended local amendments and additions.
Recommendation:
Move to adopt an ordinance (Attachment 1) to repeal Chapter 8.28 of Title 8 of the City of Benicia Municipal Code and replace with the 2022 California Fire Code as prepared by the California Building Standards Commission with recommended local amendments and additions.
Staff Report - Second Reading and Adoption of the 2022 California Fire Code and Chapter Amendments
1. Ordinance - California Fire Code Update - Clean Version 7 18.E - SECOND READING AND ADOPTION OF THE 2022 CALIFORNIA BUILDING CODE AND TITLE 15 AMENDMENTS TO ENSURE COMPLIANCE WITH
CALIFORNIA CODE OF REGULATIONS TITLE 24 REQUIREMENTS IN THE HEALTH AND SAFETY CODE AND ADDITIONAL REVISIONS TO TITLE 15 OF THE BENICIA MUNICIPAL CODE (Community Development Director)
State Building Codes (California Code of Regulations Title 24) will update as of January 1, 2023.
Under State law, local jurisdictions are required to adopt the most recent edition of the California Building Standards Code every 3 years. The attached Ordinance adopts the 2022 Editions of the California Building Standards Code and the 2021 International Pool and Spa Code with some local amendments. Any changes made to the California Building Standards Code have to be supported by express findings that the changes are reasonably necessary because of local climate, geological, or topographical conditions. Additional formatting and modifications will be made to Title 15 of the Benicia Municipal Code (BMC) including the reorganization and renumbering of all of the Chapters and updates to commercial construction time limits, grading and erosion control, and new requirements for gas safety shut off devices.
The proposed action also includes a resolution establishing an amnesty and compliance period for twenty live/work units that have been identified as existing on or before December 31, 2018, which would establish a timeframe to complete necessary permitting and life safety improvements.
Recommendation:
1. Move to adopt and read by title only the Ordinance (Attachment 1) of the City Council of the City of Benicia Repealing Title 15 (Buildings and Construction) of Benicia Municipal Code and Adopting by Reference the 2022 California Building Standards Code Title 24 as Mandated by the State Building Standards Commission which Includes: The California Administrative Code; the California Building Code Volumes 1&2 Including Appendix Chapters B, G, H, I and J, as Amended; The California Residential Code Including Appendix Chapters AL, AH, AJ, AK, AT, and AV, as Amended; The California Electrical Code; The California Mechanical Code; The California Plumbing Code Including Appendix Chapters A, B, E, I, K and L, as Amended; the California Green Building Standards Code; the California Energy Code; the California Historical Code; the California Existing Building Code Including Appendix Chapters A, A1, A2, A3, A4, A5, B, and D, as Amended; and the International Pool and Spa Code, as amended; the California Referenced Standards Code; and Making Other Modifications to Title 15.
2. Move to adopt a resolution (Attachment 2) establishing an amnesty and compliance period for existing live/work units that were identified as existing on or before December 31, 2018.
Staff Report - Building Code and Title 15 Amendments
1. Ordinance - Amending Title 15 of the Benicia Municipal Code
2. Resolution – Establishing an Amnesty and Compliance Period for Live/Work Units.
19. Council Member Committee Reports:
8 (Council Member 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.)
19.A - COUNCIL MEMBER COMMITTEE REPORTS
Oral Committee Report by Councilmember Macenski - North Study Area Committee Report - Marin Clean Energy
Committee Report - Sky Valley Open Space
Committee Report - Solano County Water Agency
Committee Report - Solano Open Space
Committee Report - Solano Transportation Authority
Committee Report - Traffic, Pedestrian and Bicycle Safety
20. Adjournment Of Regular Meeting 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