1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
MARCH 1, 2022
6:00 PM
Teleconferencing meeting: 250 East L Street, 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 - OPENINGS ON BOARDS AND COMMISSIONS
6.B - MAYOR'S OFFICE HOURS
7) PROCLAMATIONS
7.A - PROCLAMATION - AMERICAN RED CROSS MONTH - MARCH
2022
Proclamation - American Red Cross Month
8) APPOINTMENTS
8.A - MAYOR'S APPOINTMENT OF KEN PAULK, CITY TREASURER,
TO THE ECONOMIC DEVELOPMENT BOARD FOR A FULL TERM
ENDING JANUARY 31, 2026.
Resolution Appointing Ken Paulk, City Treasurer, to the Economic Development Board
2 RESOLUTION NO. 22- 22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S APPOINTMENT OF KEN
PAULK, CITY TREASURER, TO THE ECONOMIC DEVELOPMENT BOARD FOR A FULL-TERM ENDING JANUARY 31, 2026
On motion of Mayor Young, Council approved the adoption of Resolution 22-22, 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)
9) PRESENTATIONS
9.A - BAY AREA AIR QUALITY MANAGEMENT DISTRICT VALERO
UPDATE (BAAQMD Staff)
Damian Breen, BAAQMD, reviewed the presentation.
Public Comment:
1. Josh Tulino, Valero - Mr. Tulino discussed the chain of events that led up to the hearing
2. Andres Soto - Mr. Soto discussed concern regarding the incident at Valero and the need to pursue further action.
3. Constance Beutel - Ms. Beutel discussed concern regarding the incident at Valero and the need to pursue further action.
4. Marilyn Bardet - Ms. Bardet discussed concern regarding the incident at Valero.
5. Ryan Kawecki - Mr. Kawecki discussed concern regarding the incident at Valero and the length of time that BAAQMD knew about the incident.
6. Stephen Golub - Mr. Golub discussed concern regarding the incident at Valero.
7. Justin Patrick - Mr. Patrick discussed concern regarding the incident at Valero and the issue of trust.
8. Rodger Engerbrethson - Mr. Engerbrethson discussed the incident at Valero. 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
3 No written were comments received after the start of the meeting. 13) PUBLIC COMMENT
1. Kathy Kerridge - Ms. Kerridge invited people to a webinar on the new air monitoring station in Benicia.
2. Mayor Young - Mr. Young discussed the community workshop on the Housing Element that will take place tomorrow night.
14) CONSENT CALENDAR
14.A - APPROVAL OF CITY COUNCIL MINUTES FROM FEBRUARY 15, 2022 REGULAR MEETING (City Clerk)
February 15 2022 City Council Meeting Minutes
14.B - AUTHORIZING BUDGET AMENDMENT TO INCREASE FUNDS
AVAILABLE TO COMPLETE THE INORI SCULPTURE PUBLIC
ART INSTALLATION (Library and Cultural Services Director) Staff Report - Authorizing Budget Amendment to Complete the Inori Sculpture Restoration and Installation
1. Resolution - Budget Amendment to Complete the Inori Sculpture Restoration and Installation
RESOLUTION NO. 22- 29 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA AUTHORIZING BUDGET AMENDMENT TO COMPLETE
THE INORI SCULPTURE RESTORATION AND INSTALLATION
Jennifer Baker, Library Director, reviewed the changes to the staff report and resolution.
Public Comment:
None
14.C - AUTHORIZING THE ACCEPTANCE OF A CALIFORNIA
LIBRARY LITERACY SERVICES GRANT AND BUDGET
AMENDMENT (Library and Cultural Services Director)
Staff Report - Authorizing the Acceptance of a California Library Literacy Services Grand and Budget Adjustment
1. Resolution - Authorizing the Acceptance of a California Library Literacy Services Grant and Budget Amendment
4 RESOLUTION NO. 22- 23 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA AUTHORIZING THE ACCEPTANCE OF A CALIFORNIA
LIBRARY LITERACY SERVICES GRANT AND BUDGET AMENDMENT
14.D - APPROVAL TO PROCEED AND MAKE NECESSARY BUDGET
AMENDMENT TO PAVE THE NORTHERN PORTION OF EAST E
STREET PARKING LOT (Public Works Director)
Staff Report - Approve East E Street Parking Lot Paving Project
1. Resolution - Establish East E Street Parking Lot Paving Project
2. Proposed East E Street Parking Lot
RESOLUTION NO. 22- 24 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ESTABLISHING EAST E STREET PARKING LOT PAVING
PROJECT AND THE NECESSARY BUDGET AMENDMENTS TO FUND THE
PROJECT
14.E - APPROVAL OF BUDGETING AND PLANNING SOFTWARE
AGREEMENT WITH OPENGOV INC. (Finance Director)
Staff Report - Approval of Amendment to OpenGov Inc. Agreement
1. Resolution - Approval of Amendment to OpenGov Inc. Agreement
2. Amendment to OpenGov Inc. Agreement
RESOLUTION NO. 22- 30 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING AN AMENDED AGREEMENT WITH
OPENGOV INC. FOR BUDGETING AND PLANNING SOFTWARE
Vice Mayor Young and Staff discussed the OpenGov Inc. contract, and why they are being recommended, the need for assurance from Staff that OpenGov Inc. will be able to assist if problems arise, and how the software will benefit the City.
Council Member Strawbridge discussed support for the proposed contract.
Public Comment:
None
On motion of Council Member Strawbridge, seconded by Council Member Largaespada, Council approved the adoption of Resolution 22-30
, 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.F - SALARY SCHEDULE UPDATE (Human Resources Manager)
5 Staff Report - Salary Schedule
1. Resolution - Salary Schedule
RESOLUTION NO. 22- 25 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ADOPTING PUBLICLY AVAILABLE PAY SCHEDULES IN
ACCORDANCE WITH THE REQUIREMENT OF CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5, WHICH INCLUDES REVISED
SALARY SCHEDULES FOR THE CITY OF BENICIA JOB
CLASSIFICAITONS
14.G - APPROVAL OF REQUIRED CHANGE ORDERS FOR COSTS
ASSOCIATED WITH UNFORESEEN STRUCTURAL DAMAGE AND
ACCEPTANCE OF THE COMPLETION OF THE JAMES LEMOS
DIVE POOL REPLASTERING PROJECT (Parks and Community
Services Director)
Staff Report - Acceptance of Dive Pool Replastering Project 2021
1. Resolution 19-21 - Accepting the Bids for the Replastering and Repairs of the James Lemos Dive Pool
2. Resolution - Approval of Contract Changes and Acceptance of Completion of Project
3. Notice of Completion - Replastering of Dive Pool at James Lemos Swim Center RESOLUTION NO. 22- 26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA AUTHORIZING THE CIRECTOR OF PARKS 7
COMMUNITY SERVICES TO EXECUTE CONTRACT CHANGE ORDERS
FOR THE DIVE POOL REPLASTERING PROJECT AND AUTHORIZING THE
CITY MANAGER TO SIGN THE NOTICE OF COMPLETION, AND
AUTHORIZING THE CITY CLERK TO FILE THE NOTICE OF COMPLETION
WITH THE SOLANO COUNTY RECORDER
14.H - ADOPTION OF A RESOLUTION CONCERNING TIMEFRAMES
FOR RESUBMITTAL OF HOUSING APPLICATIONS PURSUANT
TO SENATE BILL 35 (STREAMLINED MINISTERIAL APPROVAL
PROCESS) (Community Development Director)
Staff Report - Streamlined Housing Preliminary Application Procedure
1. Resolution - Establishing Timelines for the Resubmittal of Housing Development Applications
RESOLUTION NO. 22- 31 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ESTABLISHING TIMELINES FOR THE RESUBMITAL OF
HOUSING DEVELOPMENT APPLICATIONS PURSUANT TO SENATE BILL 35 Public Comment:
1. Don Dean - Mr. Dean spoke in opposition to the proposed resolution.
6 2. Stephen Goetz - Mr. Goetz spoke in opposition to the proposed resolution.
3. Marilyn Bardet - Ms. Bardet spoke in opposition to the proposed resolution.
Ben Stock, City Attorney explained why this item was brought forward and how projects are brought forward and resubmitted after they are rejected.
Council Member Largaespada and Staff discussed Government Code relating to this item.
On motion of Council Member Macenski, seconded by Council Member Strawbridge, Council approved the adoption of Resolution 22-31, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge
Noes: Mayor Young
14.I - ADOPTION OF THE 2021 SOLANO COUNTY MULTIJURISDICTIONAL HAZARD MITIGATION PLAN (Fire Chief) Staff Report - Adoption of the 2021 Solano County Multi-Jurisdictional Hazard Mitigation Plan
1. Resolution - Adoption of the 2021 Solano County Multi-Jurisdictional Hazard Mitigation Plan
2. Solano Mutli-Jurisdictional Hazard Mitigation plan - City of Benicia Annex
3. December 16 2021 FEMA Letter
14.J - APPROVAL OF AGREEMENT WITH BAY AREA AIR QUALITY
MANAGEMENT DISTRICT FOR AIR QUALITY MONITORING
(Deputy City Manager)
Staff Report - Approval of License Agreement with Bay Area Air Quality Management District
1. Draft License Agreement with Bay Area Air Quality Management District
2. Benicia Community Air Monitor Site Analysis
Public Comment:
1. Constance Beutel - Ms. Beutel discussed concern why this item was on the Consent Calendar, and the location of the new air monitor.
Staff and Mayor Young discussed the issue of income distribution and health impacts on the City, and why BAAQMD stopped taking measurements in 2008.
Vice Mayor Campbell and Staff discussed the need for more air monitors, how many more monitors are needed, and possibly using the fines Valero might pay to purchase more air monitors.
On motion of Council Member Largaespada, seconded by Vice Mayor Campbell, Council approved by motion, the approval of an agreement with Bay Area Air Quality
7 Management District (BAAQMD) for air quality monitoring, 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.K - 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- 28 - 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.L - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
Council pulled items 14.B, 14.E, 14.H, 14.J for discussion. 15) BUSINESS ITEMS
15.A - STREETS AND ROADWAYS UPDATE (Public Works Director) Staff Report -Streets and Roadways Update
1. Pavement Management Technical Assistance Program - Round 21 Report Mario Giuliani, Deputy City Manager, and Bret Prebula, Finance Director, reviewed the staff report.
Mayor Young and Staff discussed the inequities of gas tax funds from the State, sales tax funds, and placing a measure on the ballot.
Council Member Strawbridge and Staff discussed a previous poll that was done regarding a sales tax initiative and trying to keep the sales tax increase under one cent.
Vice Mayor Campbell and Staff discussed the issue of a sales tax initiative, and the need to make the initiative strictly for the roads/streets.
8 Council Member Macenski and Staff discussed Benicia's sales tax compared to other cities in Solano County, and the need to look at alternative mechanisms unique to port and logistic cities.
Council Member Largaespada and Staff discussed Measure C, concern regarding inflation and raising the sales tax, the need to start working from the bottom up on fixing the streets, the issue of taking loans to pay for streets, and the issue of federal funding for streets.
Erik Upson, City Manager, discussed Staff's commitment to do their best to establish a solid foundation for the City,
Mayor Young discussed concern regarding starting with the worst streets first and holding off on the medium roads, as it would cause more problems down the line, and support for Staff's recommendations.
Public Comment:
None
Vice Mayor Campbell discussed support for a sales tax, but thought we needed to lower our sights a bit. He discussed coming up with somewhere around $2 million in sales tax money and $1 million in Measure C money, that might work. He discussed support for 1/2 cent sales tax and have it be specific to roads.
Council Members Strawbridge and Macenski discussed support for Staff's recommendations.
16) ADJOURNMENT (9:30 P.M.)
Mayor Young adjourned the meeting at 10:24 p.m.
City Clerk