1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
APRIL 19, 2022
6:00 PM
City Council Chambers, City Hall, 250 East L Street, complete proceedings of which are recorded. These are action minutes; a full video is available online at www.ci.benicia.ca.us/agendas.
ACCESSING THE MEETING
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
Present: Vice Mayor Campbell, Council Member Macenski, Council Member Strawbridge, Mayor Young
Absent: Council Member Largaespada
4) PLEDGE OF ALLEGIANCE
5) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
6) ANNOUNCEMENTS
Mayor Young discussed the upcoming Diversity Festival and the upcoming Special City Council Goal Setting Workshop.
6.A - MAYOR'S OFFICE HOURS
6.B - OPENINGS ON BOARDS AND COMMISSIONS
7) PROCLAMATIONS
7.A - PROCLAMATION - CERTIFIED FARMERS MARKET 30TH
ANNIVERSARY (City Manager's Office)
Proclamation - Benicia Main Street's Certified Farmers Market
7.B - PROCLAMATION - VOLUNTEER APPRECIATION WEEK (Police Department)
2 Proclamation - Volunteer Week - April 17-23, 2022
7.C - PROCLAMATION - CALIFORNIA FRIDAY NIGHT LIVE (Police Department)
Proclamation - California Friday Night Live - April 2022 8) APPOINTMENTS
8.A - CITY COUNCIL APPOINTMENTS; SUBCOMMITTEE'S
PREFERENCES FOR BOARDS AND COMMISSIONS
Public Comment:
None
Lily Espinoza - Application and Resume
Terence Bennett - Application and Resume
Atiba Murphy - Application
Nicholas Webb - Application and Resume
Pat Plant - Application and Resume
9) PRESENTATIONS
9.A - MEASURE C UPDATE (Deputy City Manager)
10) ADOPTION OF AGENDA
On motion of Council Member Strawbridge, 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 Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
11) OPPORTUNITY FOR PUBLIC COMMENTS
12) WRITTEN COMMENT
13) PUBLIC COMMENT
1. Marilyn Bardet - Ms. Bardet discussed an upcoming Valero Community Advisory Panel (CAP) meeting on 6/14/22. She also discussed how the public can sign up for alerts from Valero.
2. Steven Goetz - Mr. Goetz discussed upcoming Earth Day activities.
3 3. Vice Mayor Campbell - Vice Mayor Campbell commended Staff, Valero, and the Bay Area Air Quality Management District (BAAQMD) on their response to the 4/9/22 port fire.
14) CONSENT CALENDAR
14.A - APPROVAL OF A CONTRACT WITH LIGHTS & SOUNDS
COLLECTIVE FOR FULL-SERVICE PRODUCTION AND EVENT
MANAGEMENT OF INDEPENDENCE DAY WEEKEND
CELEBRATION ON JULY 3 AND 4, 2022 (Deputy City Manager) Staff Report - Independence Day Weekend Event Celebration 2022 RESOLUTION NO. 22- 47 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING THE AGREEMENT WITH LIGHTS &
SOUNDS COLLECTIVE FULL-SERVICE PRODUCTION AND EVENT
MANAGEMENT OF THE IDEPENDENCE DAY WEEKEND CELEBRATION
ON JULY 3rd AND 4th
Vice Mayor Campbell discussed concern regarding the proposed contract, the vendor's staffing, and marketing.
Mario Giuliani, Deputy City Manager discussed the proposed contract, Gene Pedrotti's proposed drone light show, Staff's commitment to due-diligence and checking the vendor's references. If something is not right, the City has the opportunity to change courses.
Mayor Young and Staff discussed the cost of the proposed agreement and why Benicia Main Street was not able to participate in organizing the festivities.
Vice Mayor Campbell discussed concern over the cost, what involvement Benicia Main Street would have in the festivities (torchlight parade), and what Lights & Sounds Collective would be responsible for.
Council Member Macenski clarified what the proposed action was for this item.
Council Member Strawbridge discussed the majority of the action would be on the Marina Green and the waterfront. Benicia Main Street is focused on the7/3 Torchlight Parade. The proposed agreement would for activities on the 4th of July. She discussed support for the proposed agreement.
Public Comment:
None
Vice Mayor Campbell stated he would go along with the proposed agreement but was skeptical. He was concerned that the small-town atmosphere would be lost, and the families would not be able to put blankets down to watch the fireworks.
4 1. Resolution - Agreement - Lights & Sounds Collective - 4th of July Celebration on July 3 and 4, 2022
2. Agreement - Lights & Sounds Collective
On motion of Council Member Strawbridge, seconded by Council Member Macenski, Council approved, the adoption of Resolution 22-47, as presented, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
14.B - AWARD CONSTRUCTION CONTRACT FOR FISCAL YEAR 2021- 22 CITYWIDE MICRO-SURFACING PROJECT (Public Works
Director)
Staff Report - Award Construction Contract for FY 2021-2022 Micro-surfacing Project
1. Resolution ? FY 2021-22 Citywide Micro-Surfacing Project
2. Construction Contract ? American Asphalt Repair & Resurfacing Co., Inc.
3. Resolution No. 21-161
4. List and Maps of Streets
5. Bid Summary
RESOLUTION NO. 22- 46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA ACCEPTING THE BIDS FOR THE FY 2021-22 CITYWIDE MICRO-SURFACING PROJECT; AWARDING THE CONSTRUCTION
CONTRACT TO AMERICAN ASPHALT REPAIR & RESURFACING CO., INC,
OF HAYWARD, CA, AUTHORIZING THE CITY MANAGER TO SIGN THE
CONTRACT AND ANY CHANGE ORDERS ON BEHALF OF THE CITY AND
AUTHORIZE ISSUANCE OF NOTICE TO PROCEED
14.C - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
14.A was pulled for discussion.
On motion of Council Member Strawbridge, seconded by Council Member Macenski, Council approved the adoption the Consent Calendar, as amended, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
5 15) BUSINESS ITEMS
15.A - LONG-TERM FINANCIAL FORECAST (Finance Director)
Bret Prebula, Finance Director, reviewed the staff report and a PowerPoint presentation.
Council Member Strawbridge and Staff discussed the issue of sales tax, Amazon sales tax, cannabis excise tax revenue, and improving the City's cannabis excise tax collection process.
Mayor Young discussed the need for the cannabis businesses to improve their marketing strategies to include older adults and the need for them to know their customer base in Benicia. He acknowledged it was hot happening as quickly as he had hoped, although he was still optimistic.
Council Member Macenski and Staff discussed the need to close the gap between the revenue and expenditures and the need to figure out when the two started to diverge.
Mayor Young and Staff discussed the need for Staff and Council to discuss new programs and possibly getting rid of other programs, and the taxpayer protection bill.
Vice Mayor Campbell and Staff discussed how the City already increased its fees, how anything adopted after October 2021 would have to be evaluated under the new curriculum and if we did not meet the new curriculum, they would be considered voided immediately and we would have to reenact all the fees under the new law. Staff would be coming to Council with a comprehensive fee review. They will be working with a consultant on that in late summer/early fall. This will be done to ensure the City is keeping up with the costs and fees. Fees should be reviewed comprehensively every 2-3 years. Staff discussed concern over a possible voter referendum to reduce water and wastewater fees because it would have a drastic impact on General Fund revenues.
Mayor Young and Staff discussed when the most recent fee changes were adopted (11/16/21).
Council Member Campbell discussed the voter referendum process.
Public Comment:
None
Vice Mayor Campbell and Staff discussed the possibility of having more frequent budget updates. Staff will work with the City Manager on coming up with a schedule.
Staff Report - Long-Term Financial Forecast
1. Five-Year Forecast Memo
15.B - NEW FUND BALANCE RESERVE POLICY AND RECOMMENDED
USE OF UNASSIGNED FUND BALANCE (Finance Director)
6 Staff Report - General Fund - Fund Balance Policy and Unassigned Fund Balance Designations
1. Resolution - General Fund - Fund Balance Policy and Unassigned Fund Balance Designations
RESOLUTION NO. 22- 48 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING REVISIONS TO THE FUND BALANCE POLICY
Bret Prebula, Finance Director, reviewed the staff report and a PowerPoint presentation.
Vice Mayor Campbell and Staff discussed what causes unassigned fund excess, what sort of items would require a Council super-majority vote, and the General Fund balance requirement.
Mayor Young asked if Council was comfortable with the super-majority requirement.
Council Members Macenski, Strawbridge indicated they were in favor of the idea.
Mayor Young and Staff discussed sustainability projects.
Council Member Strawbridge and Staff discussed the funds for Covid 19 impacts, the money the City got from the Federal Government for Covid -19 relief, investment with economic return, how we can invest to get a return through other revenue sources, and the need to consider the bigger picture.
Mayor Young and Staff discussed the priority funding assignments for unassigned fund balance at the close of a fiscal year and how Staff came up with the percentages in the staff report.
Council Member Macenski and Staff discussed changing language on some of the funds to reflect more clearly what it would be used for.
Public Comment:
None
Staff suggested splitting the resolution into two separate items: the Fund Balance Reserve Policy and the Use of Unassigned Fund Balance.
Recommended Use of Unassigned Fund Balance:
Mayor Young and Staff discussed why some of the projects needed to be discussed at this time.
Council Member Macenski and Staff discussed the Fitzgerald Field Project.
7 Mayor Young discussed concern regarding assigning funds to the projects listed.
Vice Mayor Campbell discussed concern regarding the 5th Street Pier funding, the need to get a real number for the Fitzgerald Field Project, and concern regarding the Boat Yard Project.
Council Member Macenski and Staff discussed the Fitzgerald Field Project and the funds allocated for the project.
Mr. Prebula discussed the reasoning behind the proposed changes.
Mayor Young discussed support for most of the projects, however he worried about prematurely setting the money aside without a full understanding of the cost and benefits.
Vice Mayor Campbell discussed the required 4 votes to approve this item (super majority).
Council Member Strawbridge discussed concern regarding the Fitzgerald Field Project.
Vice Mayor Campbell discussed whether he would be conflicted out on the Fitzgerald Field item due to the location of his business.
Public Comment:
None
Ben Stock, City Attorney suggested Council continue this item to a future agenda. He will need to look into the conflict issue as well as whether or not this would require 4 votes.
On motion of Vice Mayor Campbell, seconded by Council Member Macenski, Council approved, the adoption of Resolution 22-48, as amended, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
On motion of Vice Mayor Campbell, seconded by Council Member Strawbridge, Council approved, the discussion on the Recommended Use of Unassigned Fund Balance to the May 3, 2022, City Council Meeting, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
8 15.C - DRAFT SITES INVENTORY FOR 2023-2031 HOUSING ELEMENT (Community Development Director)
Staff Report - Housing Element Opportunity Sites Inventory
1. Public Comment received through April 11, 2022
2. Minutes of January 25, 2022 City Council/Planning Commission Study Session
3. Minutes of the March 22, 2022 City Council Meeting
4. Summary of March 2, 2022 Community Workshop
5. Summary of March 31 and April 6 Open Houses
6. Partial Open Space Inventory & Map
7. Vacant Sites Inventory - Table
8. Vacant Sites Inventory - Maps
9. Draft Housing Opportunity Sites Inventory - Table
10. Draft Housing Opportunity Sites Inventory - Maps
Suzanne Thorsen, Community Development Director, reviewed the staff report.
Mayor Young and Staff discussed the issue of sites available for lower income and mixed income, the open space sites: London Circle is a backup site, the best site being at Hastings and Southampton Road, Chelsea Hills and Chadwick.
Mayor Young and Staff discussed the Braito site.
Public Comment:
1. Marilyn Bardet - Ms. Bardet discussed concerns regarding housing developments in the Arsenal.
2. Belinda Smith -Ms. Smith discussed concern regarding the proposed Downtown Housing Overlay District.
3. Kelly Patchin – Mr. Patchin discussed support for examining the CEQA process around the mediation/restoration of sites and the need for affordable housing in Benicia.
4. Bob Berman - Mr. Berman discussed concern regarding using open space for housing and having some sort of community benefit if open space is used.
5. Steven Goetz - Mr. Goetz discussed the need to ensure the developments occur carefully and concern regarding housing developments in the Lower Arsenal.
6. Donald Dean - Mr. Dean discussed concern regarding housing developments in the Lower Arsenal.
7. Dana Dean - Ms. Dean discussed open space zoning, and support for removing the Arsenal properties off of the list.
Mayor Young and Staff discussed the issue of removing Jefferson Ridge and other properties from the
list.
Council Member Macenski and Staff discussed the level of analysis that will be completed for the Housing Element.
9 Council and Staff confirmed that the proposed list of sites would not be changed and could be submitted to PlaceWorks (our consultant) to be included in the Draft Housing Element.
16) COUNCIL MEMBER COMMITTEE REPORTS:
16.A - COMMITTEE REPORTS
Committee Reports
17) ADJOURNMENT (10:00 P.M.)
Mayor Young adjourned the meeting at 10:33 p.m.
City Clerk