1 BENICIA CITY COUNCIL
CITY COUNCIL MEETING AGENDA
Benicia City Hall, 250 East L Street, Council Chamber
Benicia, CA 94510
December 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.
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 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.
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
- Sky Valley Open Space Committee
3 1 Partial Term, Expiring January 31, 2023
7. Proclamations
7.A - PROCLAMATION - SANDY AYALA (City Manager)
Proclamation - Sandy Ayala
7.B PROCLAMATION - KATHRYN L. GRIFFIN (City Manager)
Proclamation - Kathryn L. Griffin
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 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 THE NOVEMBER 15, 2022, REGULAR MEETING (City Clerk)
City Council Meeting Minutes 11-15-22
4 12.B - SECOND READING AND ADOPTION OF ORDINANCE AMENDING TITLE 17 (ZONING) OF THE BENICIA MUNICIPAL CODE PERTAINING TO MIXED-USE - INFILL ZONING (Community Development Director)
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. It will also clarify applicability of streetscape improvements and procedures for inactive applications. No rezoning is proposed at this time.
Council voted to waive the first reading and introduce the ordinance on November 15, 2022.
Recommendation:
Move to waive the second reading, read by title only, and adopt 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. Ordinance - Amending Title 17 (Zoning) of the Benicia Municipal Code
12.C - ACCEPTANCE OF THE 4592 EAST 2ND STREET STORM DRAIN REPAIR PROJECT (Public Works Director)
The 4592 East 2nd Street Storm Drain Repair Project (Project) consisted of replacing the storm drainpipe across the driveway in the City’s right-of-way, replacing the manhole, and repaving the excavation area and is ready to be accepted as complete.
Recommendation:
Adopt a resolution (Attachment 1) accepting the 4592 East 2nd Street Storm Drain Repair 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 4592 East 2nd Street Storm Drain Project
1. Resolution - Accepting the 4592 East 2nd Street Storm Drain Repair Project as Complete
2. Notice of Completion - 4592 East 2nd Street Storm Drain Repair Project
12.D - APPROVAL OF LEASE AGREEMENT WITH BAY AREA SHIP SERVICES (Finance Director)
The proposed lease agreement with Bay Area Ship Services will utilize the property located at 201 East 5th Street, and is updating the lease terms with the same tenant. The proposed lease agreement is for a 5 period of three (3) years and seven (7) months with two options exercised by the tenant for three-year extensions.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the proposed lease agreement (Attachment 2) for the property located at 201 East 5th Street with Bay Area Ship Services.
Staff Report - Approval of Lease Agreement with Bay Area Ship Services
1. Resolution – Lease Agreement – Bay Area Ship Services - 201 East 5th Street
2. Proposed 201 East 5th Street Lease Agreement - Bay Area Ship Services
12.E - 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
12.F - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
13. Business Items
13.A - APPROVING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 8, 2022 (City Clerk)
This is a procedural item certifying the election results, and the percentage of voter turnout. Certification of these results by the Registrar of Voters was completed on November 30, 2022.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the results of the General Municipal Election held November 8, 2022.
6 Staff Report - Election Certification
1. Resolution - Certifying 2022 Election
2. Election Certification
3. 2022 Precinct Totals
4. Complete Election Results
13.B - RECOGNITION OF OUTGOING COUNCIL MEMBERS, LIONEL
LARGAESPADA AND CHRISTINA STRAWBRIDGE (Mayor Young)
13.C - COMMENTS BY OUTGOING COUNCIL MEMBER, LIONEL LARGAESPADA AND CHRISTINA STRAWBRIDGE (Council Member Lionel Largaespada and Council Member Christina Strawbridge)
14. Adjournment (6:30 P.M.)
7 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 8 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