At its regular meeting Tuesday, the Benicia City Council addressed downtown noise regulations and discussed recommended changes to city speed limits, in addition to other items.

Proclamations
The council recognized Arts Benicia on its 30th anniversary as being essential to the promotion of art in the community, serving to stimulate, educate and nurture cultural life in Benicia through the visual arts since 1987.
The council also proclaimed February, 2017 as Teen Dating Violence Awareness and Prevention Month throughout Benicia. Students from Benicia High School’s S Club were present to accept the proclamation and speak on the subject. The students noted that in honor of the occasion, observers will be wearing orange on Valentine’s Day, Feb. 14 to show their support. The club’s slogan is “Love Is Respect.”

Mini pigs and an ungainly curb
Public comments during the time set aside for comment regarding any items not on the evening’s agenda ranged from allowing “mini pigs” as pets to complaints about the size and position of the concrete median on Military at First Street.
The animal advocate will receive further information about the process for pet permits, but the council stood firm on the median issue, stating that complaints had been received and considered and that the council had already determined that since the median is “within standards,” it’s going to stay.
City Attorney Heather McLaughlin did promise that staff would investigate further, in case there had been any damage to the curb from vehicles hitting it repeatedly, and that they would make repairs where necessary. Councilmember Mark Hughes suggested the concerned citizens bring the issue to the attention of the Traffic, Pedestrian & Bicycle Safety Committee.

Speed limits
The city of Benicia commissioned Wilden Engineering to evaluate 38 segments of Benicia streets, in keeping with current municipal codes regarding speed limits. The engineering survey concluded that speed limits should be increased on Lake Herman Road, on Rose Drive between Panorama and East Second Street, and on State Park Road. The survey found that the speed limits on Goodyear Road, one block of Park Road, and Southampton between O’Farrell Drive and the I-780 on-ramp, on the other hand, should be decreased.
Councilmember Alan Schwartzman and Vice Mayor Steve Young expressed concern about increasing the speed limits on Lake Herman Road and Rose Drive. Staff was directed to move forward with the resolution to approve the traffic study, excepting the first two of the six recommendations, which pertain to Rose Drive and Lake Herman Road, and to bring the issue back to the council with further information to incorporate specific changes to its recommendations. This action allowed the resolution to continue to move forward while still allowing opportunity for the council to give final approval to any proposed changes to the municipal code regarding speed limits.
The two contested recommendations were 1. to increase the speed limit from 45 to 55 mph on Lake Herman Road from Reservoir Road to the east city limits, and 2. to increase the limit from 35 to 40 mph on Rose Drive from Panorama to East Second Street.

City manager, fire chief
As a consent item, Benicia Fire Chief Jim Lydon was appointed acting city manager, to serve in that capacity in addition to his role as fire chief, to begin after Interim City Manager Steve Salomon’s departure on Feb. 17 of this year. Lydon will retain the new position until such time as a new city manager is appointed.

Outdoor music on First Street
Staff requested direction from the council regarding conflicting rules that currently govern outdoor amplified music within the confines of the Downtown Mixed Use Master Plan (DMUMP). Some downtown businesses had secured use permits before the DMUMP was instituted, but those who did not must adhere to the DMUMP rules and are not required or allowed to have a use permit. This creates a situation where different rules apply to different businesses in the downtown area.
The fairness of the laws, and the balance of quality entertainment vs. quality of life for citizens residing in the DMUMP area, were the two topics of discussion on the issue.
Mayor Patterson and Councilmember Tom Campbell recused themselves from the discussion due to their residing within 500 feet of the DMUMP boundary and were therefore absent during that discussion. Community Development Department Director Christina Ratcliffe presented two options to the council. One was to re-evaluate the DMUMP regulations, which require businesses to adhere to the city’s noise ordinances, and direct staff to make recommendations for changes. The other was to do nothing, which would allow the noise ordinance rules to continue to take precedence for those businesses without a use permit.
The four businesses that acquired use permits for amplified outdoor music prior to the 2007 establishment of the DMUMP are Sailor Jack’s, Kinder’s, Rookies and The Rellik Tavern. All other restaurants and nightclubs in the DMUMP area must adhere to the city’s noise ordinance, which restricts amplified music for entertainment to the hours from 9 a.m. to 8 p.m. daily and prohibits it on Sundays and legal holidays.
By comparison, for example, under their current use permits, The Rellik may produce amplified music until 10 p.m. Monday through Thursday, to 1 a.m. Friday and Saturday nights and to 10 p.m. on Sundays; Kinder’s is allowed the amplified music during Farmer’s Markets and on special event days “including but not limited to Independence Day, Waterfront Festival, Peddler’s Fair and Handicraft Fair” from 1 to 4 p.m.; Rookies is allowed from 9 p.m. to 1 a.m. Friday and Saturday nights and “major holidays” as well as from 8:30 to 11:30 p.m. Tuesdays, Wednesdays, Thursdays, Sundays and holidays and any holidays falling on a weeknight until 1 a.m.; and Captain Blyther’s is allowed from 8 p.m. to 2 a.m. on Fridays, Saturdays and public holidays.
Ratcliffe stated that staff believes it would be prudent to re-evaluate the DMUMP regulations. She also estimated that the cost to commission a study and requisite public workshops in order to make changes to the regulations would be approximately $18,000.
Young suggested that the city wait before acting, and give the non-permitted businesses a chance to show that they would voluntarily adhere to any informal agreement that could be reached to reasonably satisfy both residents and business owners, before committing to the $18,000 study. However, the majority of the council wished to go ahead with the study, in order to establish formal regulations in a timely manner. The resolution to approve the $18,000 study was passed by unanimous vote, with Mayor Patterson and Councilmember Campbell abstaining.

City council report, Part II
A report on further issues addressed by the council at the Tuesday, Feb. 7 meeting will be covered in a continuing report to be published on Friday, Feb. 10.

Further information
The complete reports on the noise ordinance and other documents that were provided to the council for this meeting are available on the city’s website at ci.benicia.ca.us under the heading Government/ Agendas. A video transcript of the meeting is also available on the website.

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