1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
September 5, 2023
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.
As a courtesy, and technology permitting, members of the public may participate remotely and provide public comment via Zoom. Please be advised that those participating in the meeting remotely via Zoom do so at their own risk. Council meetings will not be cancelled due to technical difficulties.
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 (4:30 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—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 potential case)
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (2 potential cases)
7. Reconvene Open Session
8. Announcement From Closed Session, If Any
3 9. Adjournment Of Special Meeting And Call Regular Meeting To Order (6:00 P.M.)
10. Roll Call
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 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 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
Current and Upcoming Openings - Boards and Commissions
14. Proclamations
14.A - PROCLAMATION - INTERNATIONAL LITERACY DAY (Library) Proclamation - International Literacy Day 2023
14.B - PROCLAMATION - NATIONAL SUICIDE PREVENTION MONTH (City Manager's Office)
Proclamation - National Suicide Prevention Month 2023
15. Appointments
16. Presentations
17. Adoption Of The Agenda
4 18. 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.
19. Written Comment
20. Public Comment
21. 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.
21.A - MINUTES FROM THE AUGUST 15, 2023 REGULAR CITY COUNCIL MEETING (City Clerk)
August 15, 2023 City Council Meeting Minutes
21.B - DESIGNATION OF VOTING DELEGATE FOR THE 2023 LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE AND EXPO GENERAL ASSEMBLY (City Manager's Office)
The City Council is being asked to select a voting delegate for the 2023 League of California Cities (Cal Cities) Annual Conference and Expo General Assembly on Friday, September 22, 2023.
Recommendation:
Designate, by minute action, Council Member, Kari Birdseye as voting delegate and Deputy City Manager, Sarah Shawky as alternate for the General Assembly of the Cal Cities Annual Conference (Annual Conference) to be held on Friday, September 22, 2023, at the Sacramento SAFE Credit Union Convention Center.
Staff Report - 2023 Cal Cities Voting Delegate
1. 2023 Voting Delegate Packet
5 2. 2023 Voting Delegate - Alternate Form
21.C - APPROVAL OF ADJUSTMENT TO SALARY SCHEDULES (Human Resources Manager)
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
21.D - FY 2022-23 FOURTH QUARTER INVESTMENT REPORT (Finance Director) The Fourth Quarter Investment Report for the quarter that ended June 30, 2023, 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, by minute action, the Fourth Quarter Investment Report for the quarter that ended June 30, 2023 (Attachment 1).
Staff Report - FY 2022-23 Fourth Quarter Investment Report
1. FY2022-2023 Fourth Quarter Investment Report
2. FY2022-2023 LAIF Statement Ending June 30
3. FY2022-2023 CAMP Statement Ending June 30
4. FY2022-2023 115 Trust Statement Ending June 30
21.E - SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING TITLE 13 (PUBLIC SERVICES) OF THE BENICIA MUNICIPAL CODE TO ALLOW FOR SB-998 (Finance Director)
On August 15, 2023, the introduction and first reading of an ordinance amending the Benicia Municipal Code (BMC) went before Council to align BMC with the Water Shutoff Protection Act (Act) of the State of California also known as Senate Bill (SB) 998 and to repeal the requirement for a deposit for water service applicants who rent or lease. This item returns the ordinance to Council for its adoption. 6 Recommendation:
Staff recommends that Council:
1. Move to waive the second reading, read by title only, and adopt an ordinance (Attachment 1) amending Title 13 (Public Services) of the Benicia Municipal Code to update the water service section to be in accordance with SB 998 and repeal section 13.08.050 – Deposit; and
2. Move to adopt a resolution (Attachment 2) adopting the City of Benicia Water Shutoff Policy for Non-Payment of Water Service (Exhibit A)
Staff Report - Water Service BMC Updates and Policy
1. Ordinance - Amending Title 13 - BMC Water Service
2. Resolution - Adopting Water Shutoff Policy
21.F - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
22. Business Items
22.A - AUTHORIZE THE CONTRACT RENEWAL OF THE AUTOMATED LICENSE
PLATE READER SYSTEM WITH FLOCK SAFETY WITH THE INSTALLATION OF
ADDITIONAL CAMERAS AND APPROVE THE NECESSARY BUDGET AMENDMENT (Police Chief)
The Police Department is seeking to renew its contract with Flock Safety for five years to continue the Department’s Automated License Plate Reader (ALPR) program and adding six new cameras at six locations consisting of major thoroughfares and egress points within city limits.
Recommendation:
Move to adopt a resolution (Attachment 1) authorizing the City to renew its contract with Flock Safety for five years, including the additional six cameras (totaling to 51 cameras), ending the Covid-19 Citizen’s Assistance Program to authorize the Finance Director to make the necessary budget amendments, and authorizing the City Manager to sign the contract (Attachment 2) on behalf of the City.
Staff Report - ALPR Contract Renewal
1. Resolution - ALPR Contract Renewal
2. Flock Safety Agreement
7 22.B - INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING TITLE 17 (ZONING) OF THE BENICIA MUNICIPAL CODE PERTAINING TO INCLUSIONARY HOUSING (Community Development Director)
The Inclusionary Housing Ordinance establishes requirements and standards for the inclusion of affordable housing units as part of a residential development project. The purpose of the amendment is to update and clarify the City’s inclusionary housing requirements to support the feasibility and provision of housing, including affordable housing.
The project would repeal and replace the Inclusionary Housing Ordinance, section 17.70.320 of the Benicia Municipal Code (BMC), and make corresponding amendments to the Definitions, section
17.12.030. Key changes to the current regulations include adjusting the affordability levels for inclusionary units from very low- and low-income to low-income and moderate-income; extending affordability durations from 30 to 55 years; clarifying procedures and requirements for review and monitoring of inclusionary units; and updating the alternate means of compliance with on-site provision of inclusionary units.
The Planning Commission recommended adoption of the proposed ordinance following duly noticed public hearings on June 29 and August 10, 2023.
Recommendation:
Conduct a public hearing, introduce, and read by title only, an ordinance amending Title 17 (Zoning) of the Benicia Municipal Code to update zoning regulations for inclusionary housing (Attachment 1), after a determination that the project is exempt from the California Environmental Quality Act (CEQA).
Staff Report - Inclusionary Housing Ordinance
1. Proposed Ordinance Amending Title 17 Zoning
2. Planning Commission Resolution No 23-5
22.C - 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).
The FY 2023-2024 Work Plan (Attachment 2) is included for reference, which is a list of projects the Council approved in May 2023 as priority projects for FY 2023-24, in addition to standard operations.
Four Quarterly Policy Issue (2-Step) Requests were submitted for Council’s consideration.
1. Mayor Young – Begin Process to Change Banking Services (Attachment 3).
2. Mayor Young – Trees and View Ordinance Ch. 17.82 (Attachment 4).
3. Council Member Birdseye and Vice Mayor Scott - Industrial Safety Ordinance - (Attachment 5).
4. Council Member Birdseye and Vice Mayor Scott – EV Charger Strategy (Attachment 6).
Recommendation:
8 Discuss the Two-Step Requests and provide direction to staff on whether or not to schedule these topics for future Council discussion.
Staff Report - Quarterly Policy Issue Requests from Council
1. City Council Rules of Procedure
2. FY 2023-2024 Work Plan
3. Two-Step Request - Begin Process to Change Banking Services - Mayor Young
4. Two-Step Request - Trees and View Ordinance Ch. 17.82 - Mayor Young
5. Two-Step Request - Industrial Safety Ordinance - Council Member Birdseye and V. Mayor Scott
6. Two-Step Request - EV Charger Strategy - Council Member Birdseye and V. Mayor Scott
23. Adjournment Of Regular Meeting (8:30 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 Scott: 707-746-4213
Council Member Birdseye: 707-746-4213
Council Member Campbell: 707-746-4213
Council Member Macenski: 707-746-4213