1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
September 19, 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 (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. 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: (one potential case)
7. Reconvene Open Session
8. Announcement From Closed Session, If Any
9. Adjournment Of Special Meeting And Call Regular Meeting To Order (6:00 P.M.) 3 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
During the month of October, Mayor Young will be out of office and will not be holding regular office hours at City Hall. In November, 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.
13.B - OPENINGS ON BOARDS AND COMMISSIONS
Current and Upcoming Openings - Boards and Commissions
14. Proclamations
14.A - PROCLAMATION - COASTAL CLEANUP DAY (Public Works) Proclamation - Coastal Cleanup Day
15. Presentations
15.A - STRATEGIC TOURISM MARKETING PLAN (Economic Development)
16. Adoption Of The Agenda
17. 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:
4 - 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.
18. Written Comment
19. Public Comment
20. Consent Items
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.
20.A - MINUTES FROM THE SEPTEMBER 5, 2023 SPECIAL AND REGULAR MEETING (City Clerk)
September 5, 2023 City Council Meeting Minutes
20.B - SECOND READING AND ADOPTION 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 City Council conducted a public hearing and introduced the ordinance on September 5, 2023.
Recommendation:
5 Adopt the 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)
20.C - SEISMIC HAZARD INVENTORY LIST AND ORDINANCE UPDATE (Community Development Director)
The City of Benicia’s Seismic Hazard Inventory List (List) of Unreinforced Masonry Buildings (URM) dates to 1992 and the Seismic Hazards Ordinance in the Benicia Municipal Code (BMC) was adopted in 1989. A comprehensive Seismic Hazard Inventory List and ordinance update will be required to the adopted General Plan goal to protect the community from unreasonable risks associated with the effects of natural disasters.
Recommendation:
Move to adopt a resolution (Attachment 1) approving an agreement with 4Leaf, Inc. in the amount of $105,000 to provide a comprehensive Seismic Hazard Inventory List and updates to the Seismic Hazards Ordinance, including the development of strengthening provisions, retrofit standards, and a mitigation program for all types of collapse-risk buildings.
Staff Report - Seismic Hazard Inventory List and Ordinance Update
1. Resolution – Seismic Hazard Inventory List and Ordinance Update
2. Contract – 4Leaf Inc Seismic Hazard Inventory List and Ordinance Update
20.D - AUTHORIZING BUDGET AMENDMENTS FOR POLICE AND FIRE
DEPARTMENTS FOR EAST BAY REGIONAL COMMUNICATIONS SYSTEM AUTHORITY ANNUAL DUES (Police Chief)
The Benicia Police and Fire Departments have been members of the East Bay Regional Communications System Authority (EBRCSA) since 2018. EBRCSA has recently sent its annual invoice to include Service Payments, which was not part of previous invoices. Neither Department has budgeted for the increase for Fiscal Years 23-24 and 24-25.
Recommendation:
Adopt a resolution (Attachment 1) approving budget amendments for Police and Fire Departments for FY23-24 and FY24-25 to cover the unexpected increase.
Staff Report - Budget Amendment for EBRCSA
1. Resolution - Budget Amendment for EBRCSA
6 2. 2018 Signed EBRCSA Agreement
20.E - RESOLUTION CONTINUING THE DECLARATION OF A LOCAL EMERGENCY FOR RAW WATER TRANSMISSION LINE INCIDENT (City Manager) The City Manager/Emergency Services Director is requesting that Council find that the following conditions of extreme peril to the safety of persons and property continue to exist within the City of Benicia: severe hillside slope failure along Lopes Road caused by storm event flooding and stormwater runoff which damaged the RWTL and other structures including roadways, impact to the supply and transport of water to users in the City, which require actions to procure adequate water supply until the damage is repaired, and potentially other damage unknown at this time.
Recommendation:
Move to adopt a Resolution of the City of Benicia Continuing the Declaration of Local Emergency (Attachment 1).
Staff Report - Continuation of Existence of a Local Emergency
1. Resolution - Continuation of Declaration of Local Emergency
20.F - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
21. Business Items
21.A - AUTHORIZING THE ACCEPTANCE OF LIBRARY GRANTS AND APPROVING THE NECESSARY BUDGET AMENDMENTS (Library and Cultural Services Director) The Benicia Public Library (BPL) has received funding from multiple grants administered by the California State Library totaling $146,157, including $98,096 not originally included in the adopted budget for fiscal year 2023/24. Funds will be received and must be expended by June 30, 2024.
Recommendation:
Move to adopt a resolution (Attachment 1) authorizing the acceptance of these funds and approving budget amendments to the Library’s Grants Fund to make the funds available for use in FY 23/24.
Staff Report - Acceptance of Library Grants and Approving the Necessary Budget Amendments
1. Resolution - Acceptance of Library Grants and Approving the Necessary Budget Amendments
22. Council Member Committee Reports:
(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.) 7 22.A - COUNCIL MEMBER COMMITTEE REPORTS
Committee Report - Marin Clean Energy
Committee Report - Sky Valley Open Space
Committee Report - Solano County Water Agency
Committee Report - Solano Transportation Authority
Committee Report - Traffic Pedestrian and Bicycle Safety Committee Report - Tri City Cooperative Planning Group - Solano Open Space
23. Adjournment Of Regular Meeting (7:30 P.M.)
8 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 9 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