Benicia City Council Meeting – October 27, 2026

The Benicia City Council met on October 27, 2026, in Council Chambers at Benicia City Hall; the agenda called for a 6:00 PM start and a 7:30 PM adjournment. All five Council Members were present, and remote participation was available via Zoom. After a closed-session report that the Council took no reportable action, the Council adopted the agenda, heard public comment, approved the consent calendar, adopted the data center zoning ordinance on second reading, approved CalPERS retired annuitant appointments, and declared a local emergency for the El Niño season.

Consent Calendar

• Item 14A (Title 17 zoning amendment for data centers) was pulled from the consent calendar by request and considered separately.
• The remaining consent item, 14B (waiver of reading of ordinances), was approved unanimously.

Proclamation

• Mayor Steve Young read a proclamation designating November 18, 2026 as Ruby Bridges Day / Ruby Bridges Walk to School Day in Benicia, honoring Ruby Bridges' 1960 integration of William Frantz Elementary School and encouraging student participation.
• A community advocate who helped establish Benicia's observance said racial discrimination still affects children in Benicia and called on the community to act; a student named Avi spoke about the need for diverse schools, teachers, and equal resources. City staff announced that the VIBE team and city employees would participate in the walk at school sites.

Public Comments & Testimony

• During non-agenda public comment, a resident urged the Council to revisit the Industrial Safety Ordinance fee structure, saying the program spent roughly $500,000 in its first year while collecting only about $70,000, and called for a fee structure and a funded community air monitoring program, citing a two-year Valero agreement to bring in refined products. The Mayor said he would raise the issue with air district staff twice that week and ask staff to bring options back.
• Marilyn Bardet, a B Camp Benicia Community Air Monitoring Program board member, said B Camp had helped design a community-wide networked monitoring program, did not receive a major grant, and cannot sustain operations after January 1 without new funding; she asked for help seeking emergency CARB funding and other air district grants. Pat So Smith, another B Camp board member, warned that B Camp's website, used by the public during odor or leak events, would be shut down without revenue.
• During the data center discussion, most public speakers opposed allowing data centers in Benicia or urged a moratorium. Concerns included water and electricity consumption, AI risks, toxic coolants, 24/7 noise, and experiences elsewhere where promised benefits did not materialize. One speaker noted California already has 280 data centers; another raised the risk that a smaller developer could later sell to a large tech company. A written comment from an absent resident described the draft ordinance as restrictive and containing, in his words, 'poison pills' that would prevent any data center from being built.
• On water, a speaker asked about Valero's usage and drought policy. Staff said Valero historically used about 4 million gallons per day and currently uses about 2 million gallons per day. The speaker argued the city should protect industrial and commercial water supply and consider rate-design alternatives in the December water rate study.
• During the El Niño item, a resident asked whether the city would assist Rancho Benicia residents if flooding recurred; staff said emergency response is the same regardless of whether a park is private, and park management has improved pumping. Another resident asked about the predicted Kelvin wave; staff said it raises water levels but infrastructure cannot be moved, so flood response would follow the same road-closure and notification procedures.

Discussion Items

• Data Center Zoning Ordinance (14A): Staff reported that the Council had introduced the ordinance one week earlier and directed that the Planning Commission be the review authority for all data center use permits. The new ordinance closes a loophole that made data centers a by-right use in parts of the industrial park. It creates a conditional use permit process for data centers between 5 and 20 MW, imposes a 55 dB noise limit, prohibits fossil-fuel generators, and requires structural noise mitigation. Staff noted the ordinance is far below hyperscale size and is intended to serve industrial park users, but does not require co-location. City Attorney Stock explained that an immediate emergency moratorium was not legally advisable because the city has no pending application; Government Code Section 65858 requires a current and immediate threat tied to imminent entitlement approval, and he cited an Imperial County moratorium struck down in August. Councilmember Birdseye said she works for NRDC and brought model guardrails to the city; she supported the ordinance with a commitment to amend it as technology evolves. A council member who had voted no the previous week expressed continuing concerns about battery storage, noise, and the speed of decision-making, but supported closing the loophole to prevent a hyperscale application in the 30-day period before the ordinance takes effect. The Mayor noted the ordinance can be amended after adoption, and an emergency moratorium could be considered if an application arrives.
• CalPERS Retired Annuitant Appointments (15A): The interim Human Resources manager presented two resolutions for retired annuitants. Mark Menesini, who retired effective October 21, 2026, would serve as interim police chief because the department is down four officers, has four officers on extended leave, and lacks sergeant bench depth. Stacy Hatfield would remain temporarily after her December 3, 2026 retirement to train fire department administrative replacements; the city lost all of its fire department administrative staff within a few days. The city is actively recruiting, and CalPERS limits hours to keep the appointments in compliance. A retired teacher spoke in support, citing CalPERS' COVID-era exception for retired teachers.
• El Niño Local Emergency (15B): Deputy Public Works Director Neil Leary presented the resolution. Governor Newsom proclaimed a statewide emergency on September 21, 2026, and NOAA's October 8, 2026 forecast showed a greater than 83% chance of strong to very strong El Niño conditions continuing into 2027. The declaration authorizes emergency procurement and response for flooding, erosion, landslides, power outages, and infrastructure damage. A collapsed 12-inch sewer main under Industrial Way near Park Road was discovered October 8; a temporary bypass with 24-hour pumping is in place, one travel lane remains closed, and repair costs are estimated at $1.8 million to be funded through wastewater operating and capital accounts. Public Works has restocked sandbag stations, ordered pre-filled sandbags, coordinated mutual-aid pumps with Solano County, and prepared treatment plants for 24-hour staffing.

Key Outcomes

• Adopted the meeting agenda and the consent calendar (14B) unanimously.
• Adopted the Title 17 data center zoning ordinance on second reading, 5-0. It becomes effective 30 days after adoption; future amendments were discussed for backup power and battery safety, drought-related water conservation, and staff noted a request to consider clustering and residential separation standards.
• Approved both CalPERS retired annuitant appointments, 5-0.
• Adopted the El Niño local emergency declaration and authorized emergency contracting procedures, 5-0.
• The next regular meeting is November 17, 2026; the November 3 meeting was canceled because it is election night.