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Minutes

Benicia City Council
February 1, 2022

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Minutes
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February 1, 2022
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Benicia City Council
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1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
FEBRUARY 1, 2022
6:00 PM
Videoconferencing meeting: Complete proceedings of which are recorded on tape. These are action minutes; a full video is available online at www.ci.benicia.ca.us/agendas.

CORONAVIRUS (COVID-19) ADVISORY NOTICE
1) CALL TO ORDER (6:00 P.M.)
Mayor Young called the meeting to order at 6:00 p.m.
2) CONVENE OPEN SESSION
3) ROLL CALL
All Council Members were present.
4) PLEDGE OF ALLEGIANCE
5) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
6) ANNOUNCEMENTS

6.A - MAYOR'S OFFICE HOURS

6.B - OPENINGS ON BOARDS AND COMMISSIONS
7) PROCLAMATIONS
8) APPOINTMENTS

8.A - MAYOR'S RE-APPOINTMENT OF NEEMA HEKMAT TO THE

ARTS AND CULTURE COMMISSION FOR A FULL TERM ENDING
JANUARY 31, 2026.

Resolution Re-Appointing Neema Hekmat to the Arts and Culture Commission RESOLUTION NO. 22- 7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S RE-APPOINTMENT OF

NEEMA HEKMAT TO THE ARTS AND CULTURE COMMISSION FOR A
FULL-TERM ENDING JANUARY 31, 2026

2 On motion of Mayor Young, Council approved the adoption of Resolution 22-7, on a roll call by the following vote:

Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)

8.B - MAYOR'S RE-APPOINTMENT OF THOMAS DEMASI TO THE

COMMUNITY SUSTAINABILITY COMMISSION FOR A FULL
TERM ENDING JANUARY 31, 2026.

Resolution Re-Appointing Thomas Demasi to the Community Sustainability Commission RESOLUTION NO. 22- 8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S RE-APPOINTMENT OF

THOMAS DEMASI TO THE COMMUNITY SUSTAINABILITY COMMISSION FOR A FULL-TERM ENDING JANUARY 31, 2026
On motion of Mayor Young, Council approved the adoption of Resolution 22-8, on a roll call by the following vote:

Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)

8.C - MAYOR'S RE-APPOINTMENT OF MISTY BOSTATER TO THE

HOUSING AUTHORITY BOARD FOR A FULL TENANT TERM
ENDING JANUARY 31, 2024
Resolution Re-Appointing Misty Bostater to the Housing Authority Board RESOLUTION NO. 22- 9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S RE-APPOINTMENT OF MISTY BOSTATER TO THE HOUSING AUTHORITY BOARD FOR A FULLTERM ENDING JANUARY 31, 2024 On motion of Mayor Young, Council approved the adoption of Resolution 22-9, on a roll call by the following vote:

Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)

8.D - MAYOR'S APPOINTMENT OF KELSEY BYE TO THE OPEN

GOVERNMENT COMMISSION FOR A FULL TERM ENDING
JANUARY 31, 2026.

3 Resolution Appointing Kelsey Bye to the Open Government Commission RESOLUTION NO. 22- 10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S APPOINTMENT OF
KELSEY BYE TO THE OPEN GOVERNMENT COMMISSION FOR A FULLTERM ENDING JANUARY 31, 2026 On motion of Mayor Young, Council approved the adoption of Resolution 22-10, on a roll call by the following vote:

Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)

8.E - MAYOR'S RE-APPOINTMENT OF JARROD SLATE TO THE

PLANNING COMMISSION FOR A FULL TERM ENDING JANUARY
31, 2026.

Resolution Re-Appointing Jarrod Slate to the Planning Commission RESOLUTION NO. 22- 11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S APPOINTMENT OF

JARROD SLATE TO THE PLANNING COMMISSION FOR A FULL-TERM ENDING JANUARY 31, 2026
On motion of Mayor Young, Council approved the adoption of Resolution 22-11, on a roll call by the following vote:

Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)

8.F - MAYOR'S RE-APPOINTMENT OF KARI BIRDSEYE TO THE

PLANNING COMMISSION FOR A FULL TERM ENDING JANUARY
31, 2026.

Resolution Re-Appointing Kari Birdseye to the Planning Commission RESOLUTION NO. 22- 12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S RE-APPOINTMENT OF

KARI BIRDSEYE TO THE PLANNING COMMISSION FOR A FULL-TERM ENDING JANUARY 31, 2026
On motion of Mayor Young, Council approved the adoption of Resolution 22-12, on a roll call by the following vote:

4 Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)

9) PRESENTATIONS

9.A - COMMUNITY DEVELOPMENT DEPARTMENT ANNUAL
REPORT (Community Development Director)
10) ADOPTION OF AGENDA
On motion of Council Member Largaespada, seconded by Council Member Macenski, Council approved the Adoption of the Agenda, as presented, on a roll call by the following vote:

Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)

11) OPPORTUNITY FOR PUBLIC COMMENTS
12) WRITTEN COMMENT
None
13) PUBLIC COMMENT

1. Richard Fleming - Mr. Fleming discussed the accomplishments of the Community Sustainability Commission over the past year and goals for the upcoming year.

2. Mayor Young - Mayor Young discussed an upcoming presentation by Valero and the BAAQMD at the 3/1/22 City Council meeting.

3. Vice Mayor Campbell - Vice Mayor Campbell discussed the solar panels on East Second Street and Rose Drive, and the lack of trees that were supposed to be planted in the area.
14) CONSENT CALENDAR

14.A - APPROVAL OF AGREEMENT BETWEEN THE CITY OF BENICIA AND POLICE MANAGEMENT EMPLOYEES (Human Resources
Manager)
Staff Report - Police Managers MOU

1. Resolution - Police Management Employees MOU
1a. Exhibit A - Police Management Employees MOU 1-1-2022 to 6-30-2024

2. Resolution - Eliminating EPMC for Police Management Classifications

5 RESOLUTION NO. 22- 13 - A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF BENICIA APPROVING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF BENICIA AND THE POLICE

MANAGEMENT EMPLOYEES

14.B - WATER SUPPLY PROCUREMENT (Public Works Director) Staff Report - Water Supply Procurement

1. Resolution - Water Supply Procurement
RESOLUTION NO. 22- 15 - A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF BENICIA AUTHORIZING A WATER PURCHASE FROM THE

UNIVERSITY OF CALIFORNIA, DAVIS AT A NOT-TO-EXCEED COST OF $400,000 AND THE NECESSARY BUDGET AMENDMENTS TO FUND THE

PURCHASE
Vice Mayor Campbell pulled this item to discuss whether this agreement could be fashioned after the agreement the City has with the Solano Irrigation District.

Public Comment:

None
On motion of Vice Mayor Campbell, seconded by Council Member Strawbridge, Council approved the adoption of Resolution 22-15, on a roll call by the following vote:

Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)

14.C - AUTHORIZATION OF CONTINUATION OF VIRTUAL MEETINGS (City Attorney)
Staff Report - Authorization of Continuation of Virtual Meetings

1. Resolution - Authorization of Continuation of Virtual Meetings RESOLUTION NO. 22- 14 - A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF BENICIA AND ON BEHALF OF COMMISSIONS AND

COMMITTEES CREATED BY THE CITY COUNCIL AUTHORIZING
TELECONFERENCE MEETINGS IN COMPLIANCE WITH AB 361
(GOVERNMENT CODE SECTION 54953(e)) TO CONTINUE TO ALLOW

MEMBERS OF THE PUBLIC TO SAFELY PARTICIPATE IN LOCAL

GOVERNMENT MEETINGS

14.D - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)

6 14.B was pulled for discussion.

On motion of Council Member Largaespada, seconded by Council Member Macenski, Council approved the adoption of the Consent Calendar, as amended, on a roll call by the following vote:

Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)

15) BUSINESS ITEMS

15.A - REVIEW CITY OF BENICIA URBAN GROWTH BOUNDARY
(MEASURE K) BEFORE THE SUNSET DATE (Deputy City Manager) Staff Report - Urban Growth Boundary

1. Measure K Full Text from 2003

2. City Land Use Map

3. Ordinance 20-5 (Solar Utilities Regulation)

4. Resolution 20-88 (Solar Permits)

5. Resolution 16-75 (Wind Turbine Permits)
Mario Giuliani, Deputy City Manager, reviewed the staff report.

Council Member Macenski and Staff discussed the parcel near Bantry Way, and why it was not included up to Lake Herman Road.

Council Member Largaespada discussed support for extending Measure K, the undeveloped land west of East Second Street (Discovery Builder's land), the City's sphere of influence, support for adding language regarding conveyance, and the Urban Growth Boundary's impact on housing.

Mayor Young and Staff discussed the options listed in the staff report.

Council Member Macenski discussed the requirements of CEQA and a ballot initiative.

Public Comment:

Dan Smith spoke in support of renewing the Measure K.

Bob Berman - Mr. Berman spoke in support of extending Measure K, and support of option #2.

Kathy Kerridge - Ms. Kerridge spoke in support of option #3 but wanted to recognize the need to build high density housing in Benicia as a trade-off.

Written Public Comments:

1. Don Dean - Mr. Dean submitted comments in support of Option #2.

2. Sharon McAdams - Ms. McAdams submitted comments in support of renewing Measure K.

7 3. Bob Berman - Mr. Berman submitted comments in support of renewing Measure K.

4. Wendy Davis - Ms. Davis submitted comments in support of renewing Measure K.

5. Natalie Macris - Ms. Macris submitted comments in support of renewing Measure K.

6. Jan Cox Golovich - Ms. Cox Golovich submitted comments in support of renewing Measure K.

7. Terry Mollica - Mr. Mollica submitted comments in support of renewing Measure K.

Council Member Macenski and Staff discussed coordinating the Urban Growth Boundary renewal process with the Housing Element Update, and the possibility of an annual incorporation of affordable housing up to 10 acres (or something like that).

Vice Mayor Campbell discussed the history of Measure K.

Council Member Strawbridge discussed the need to develop housing within the City limits. She supported option #2 in the staff report.

Mayor Young discussed support for Option #3.

Mr. Upson acknowledged there was support for renewing Measure K but having some sort of vague language regarding water conveyance and alternative energy, but no development.

Council Member Largaespada discussed support for Option #3, and support for a 20-year window.

Mayor Young stated the direction to Staff was to bring some language back with enough time to get approval to go on the November 2022 ballot.

Vice Mayor Campbell wondered if there was a way to go with Option #2 and then come back later after we have really worked this out. We don't want to make a mistake that will have a negative outcome.

Mayor Young said Council should wait to see what language Staff brings back before that decision is made.

15.B - APPROVAL OF AN AMENDMENT TO THE AGREEMENT WITH
CITY MANAGER ERIK UPSON (Human Resources Manager)
Staff Report - Approval of an Amendment to the Agreement With City Manager Erik Upson

1. Resolution - Approval to the Amendment to City Manager Erik Upson's Agreement 1a. Amendment to the City Manager's Employment Agreement

8 RESOLUTION NO. 22-16 - A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF BENICIA APPROVING MODIFICATIONS TO THE CITY
MANAGER’S EMPLOYMENT AGREEMENT AND PROVIDE FOR A ONE

TIME RETENTION BONUS
Kim Imboden, Human Resources Manager, reviewed the staff report.

Mayor Young discussed the proposed agreement and performance bonus.

Council Member Strawbridge discussed support for Mr. Upson and the proposed agreement and performance bonus.

Council Member Macenski discussed support for the proposed agreement and performance bonus.

Vice Mayor Campbell discussed support for the proposed agreement and performance bonus.

Mr. Upson discussed his commitment to City Staff, the community, and the City Council.

Council Member Largaespada discussed support for the proposed agreement and performance bonus.

Public Comment:

None
On motion of Council Member Largaespada, seconded by Council Member Macenski, Council approved the adoption of Resolution 22-16, on a roll call by the following vote:

Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)

16) ADJOURNMENT (9:00 P.M.)
Mayor Young adjourned the meeting at 8:31 p.m.

City Clerk

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