MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
JUNE 7, 2022
6:00 P.M.
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 REGULAR MEETING
1) CALL SPECIAL MEETING TO ORDER (5:00 P.M.)
Mayor Young called the Special Meeting to order at 5:00 p.m. 2) CONVENE OPEN SESSION
3) ROLL CALL
All Council Members were present.
Council Member Macenski arrived at 5:10 p.m.
4) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
PUBLIC COMMENT FOR CLOSED SESSION
None
5) ADJOURN TO CLOSED SESSION
Mayor Young adjourned the meeting to Closed Session at 5:04 p.m. 6) RECONVENE OPEN SESSION
Mayor Young reconvened the Open Session at 6:00 p.m.
7) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
Ben Stock, City Attorney, reported that Council did not take any reportable actions during Closed Session.
8) ADJOURNMENT OF SPECIAL MEETING AND CALL REGULAR MEETING TO ORDER (6:00 P.M.)
Mayor Young adjourned the Special Meeting and called the Regular Meeting to order at 6:01 p.m.
9) ROLL CALL
All Council Members were present.
10) PLEDGE OF ALLEGIANCE
11) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
12) ANNOUNCEMENTS
13) ADOPTION OF THE 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)
14) OPPORTUNITY FOR PUBLIC COMMENTS
15) WRITTEN COMMENT
16) PUBLIC COMMENT
None
17) CONSENT CALENDAR
17.A - MINUTES FROM THE MAY 13, 2022, SPECIAL AND MAY 17, 2022 REGULAR CITY COUNCIL MEETINGS (City Clerk)
17.B - SECOND READING AND ADOPTION OF AN ORDINANCE TO AMEND TITLE 18 (SIGNS) (City Attorney)
ORDINANCE NO. 22- 4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING SECTION 18.04.020 (DEFINITIONS) OF CHAPTER 18.04 (GENERAL PROVISIONS), 18.08.010 (REQUIRED) OF CHAPTER 18.08 (PERMITS) AND ADDING SECTION 18.16.140 (TEMPORARY NONCOMMERCIAL RIGHT OF WAY SIGNS) OF CHAPTER 18.16 (SPECIFIC SIGN REGULATIONS) OF TITLE 18 (SIGNS) OF THE BENICIA MUNICIPAL
CODE TO ADDRESS TEMPORARY NONCOMMERCIAL RIGHT OF WAY
SIGNS
Vice Mayor Campbell and Staff discussed the issue of enforcement of penalties for vandalizing political signs, and providing a map for candidate on where political signs can be placed.
Council Member Largaespada discussed concern regarding the issue of enforcement of penalties for vandalizing signs. He did not think that was an efficient use of Staff's time.
Public Comment:
None
On motion of Mayor Young, seconded by Council Member Strawbridge, the foregoing ordinance was introduced at a regular meeting of the City Council on the 17th day of May 2022, and adopted at a regular meeting of the Council held on the 7 th day of June
2022, by the following vote:
Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
17.C - CONSIDERATION TO ADOPT A RESOLUTION EXPANDING
TELECONFERENCE MEETING OPTIONS DURING PROCLAIMED STATE
OF EMERGENCIES (City Attorney)
RESOLUTION NO. 22- 65 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA AND ON BEHALF OF THE PLANNING COMMISSION PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54952(b)
AUTHORIZING TELECONFERENCE MEETINGS IN COMPLIANCE WITH
ASSEMBLY BILL 361 (GOVERNMENT CODE SECTION 54953(e)) TO
CONTINUE TO ALLOW MEMBERS OF THE PUBLIC TO SAFELY
PARTICIPATE IN LOCAL GOVERNMENT MEETINGS
17.D - REVISIONS TO GENERAL FUND - FUND BALANCE RESERVE POLICY (Finance Director)
RESOLUTION NO. 22- 67 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING REVISIONS TO THE FUND BALANCE POLICY
Mayor Young and Staff discussed why the super majority requirement was being put into place.
Public Comment:
None
Bret Prebula, Finance Director, reviewed a change to the resolution to reflect what would happen with recusals: 'Release of any amount of the above-mentioned designations established within this policy or any change to the specific designation or percentages for policy limits or allocations shall require an action of the City Council with a 4/5th vote if all five (5) council members are present, if the total number of voting council members falls below five (5) the required vote shall only require a simple majority of the quorum voting on the matter.'
On motion of Mayor Young, seconded by Council Member Largaespada, Council approved the adoption of Resolution 22-67, on a roll call by the following vote:
Ayes: Council Member Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
17.E - PROCLAIMING THE TERMINATION OF LOCAL EMERGENCY FOR WATER TREATMENT PLANT INCIDENT (City Manager)
RESOLUTION NO. 22-66 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA PROCLAIMING THE TERMINATION OF A LOCAL
EMERGENCY DUE TO A FAILURE AT THE WATER TREATMENT PLANT WHICH THREATENED THE CITY’S ABILITY TO TREAT WATER
17.F - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney) Council pulled items 17.B and 17.D for discussion.
On motion of Council Member Largaespada, seconded by Council Member Strawbridge, 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)
BUSINESS ITEMS
18.A - AWARD CONSTRUCTION AGREEMENT FOR THE FITZGERALD
FIELD BLEACHER REPLACEMENT PROJECT, APPROVAL OF AGREEMENT
TO RECEIVE DONATION, AND APPROVAL OF NECESSARY BUDGET
AMENDMENTS AND RELEASE OF FUND BALANCE COMMITMENTS (Parks and Community Services)
RESOLUTION NO. 22- 68 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING THE CONSTRUCTION CONTRACT WITH J–WALT CONSTRUCTION, INC. FOR THE FITZGERALD FIELD BLEACHER
REPLACEMENT PROJECT, APPROVING A BUDGET AMENDMENT FROM
UNASSIGNED FUNDS TO SUPPLEMENT THE CURRENT PROJECT
BUDGET, AND AUTHORIZING THE CITY MANAGER TO SIGN BOTH THE
CONSTRUCTION AGREEMENT WITH J-WALT CONSTRUCTION, INC AND
AN AGREEMENT WITH BENICIA LITTLE LEAGUE FOR A DONATION OF
FUNDS ON BEHALF OF THE CITY
Council Member Largaespada and Staff discussed the historical place Fitzgerald Field has in the community.
Council Member Strawbridge and Staff discussed the issue of skinning the field, being able to use the field for more months throughout the year, and how this would create an economic boost for the City.
Mayor Young and Staff discussed what 'skinning the field' meant (removing the grass from the infield.).
Council Member Macenski and Staff discussed skinning the field, how synthetic turf would be problematic, the historic value of Fitzgerald Field, and the methodology for program/scheduling of the field.
Mayor Young and Staff discussed complaints by groups that Benicia Little League had a 'lock' on the scheduling of the field, and the availability of the Benicia High School ball fields.
Public Comment:
1. Che Soto Vigil - Mr. Vigil spoke in support of the proposed action but did not support skinning the fields.
2. Marty Jones - Mr. Jones spoke in support of the proposed action.
3. Mark Hughes - Mr. Hughes spoke in support of the proposed action, and the need to look for other options for increasing the utilization of the field.
4. Eli Nolan - Mr. Nolan spoke in support of the proposed action.
5. Larry Sibilla - Mr. Sibilla spoke in support of the proposed action but did not support skinning the fields.
6. Brandy Cabral - Ms. Cabral spoke in support of the proposed action but did not support skinning the fields.
7. Robb Trost - Mr. Trost discussed Benicia Little League's scheduling and usage of Fitzgerald Field. He spoke in support of the proposed action.
8. Joe Bateman - Mr. Bateman spoke in support of the proposed action but did not support skinning the fields.
Council Member Largaespada made a motion to proceed with Staff's recommendation and asked that Council give direction to Staff to go back to the user group and look at
other ways besides skinning the fields to increase the usage of the fields.
Council Member Macenski did not support the idea of skinning the field, as it would ruin the integrity of the field. He asked that the motion be amended to have a local community fundraising program for the field (something like sponsoring a seat or buying a brick).
Council Member Largaespada accepted the amendment, as long as the idea is supported by Staff.
Erik Upson, City Manager, stated that Staff would come back to Council on the idea of fundraising.
Mayor Young stated that he previously voted against this item, however he is supportive of Staff's recommendation, with the understanding that Staff come back with some alternatives to increase usage of the field.
On motion of Council Member Largaespada, seconded by Council Member Strawbridge, Council approved the adoption of Resolution 22-68, on a roll call by the following vote:
Ayes: Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
Abstain: Vice Mayor Campbell
18.B - PUBLIC HEARING FOR CITY OF BENICIA LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2022-2023 (Public Works Director) RESOLUTION NO. 22- 69 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ORDERING THE MAINTENANCE OF EXISTING
IMPROVEMENTS IN ALL FIVE ZONES OF THE DISTRICT, CONFIRMING THE ASSESSMENT DIAGRAM, APPROVING THE ENGINEER’S REPORT
AND ORDERING THE LEVY AND COLLECTION OF CERTAIN
ASSESSMENTS FOR THE CITY OF BENICIA LANDSCAPING AND
LIGHTING DISTRICT FOR FISCAL YEAR 2022-2023
Rick Clark, Harris & Associates, reviewed the staff report and a PowerPoint presentation.
Mayor Young and Staff discussed the City's Landscaping & Lighting (L&L) rates never being raised until now.
Council Member Largaespada and Staff discussed why the majority of the City was left out of the L&L District (most districts are designed for newer developments).
Council Member Strawbridge and Staff discussed the possibility of a citywide assessment district. Staff confirmed they would be coming back to Council at a future meeting to discuss a citywide assessment.
Public Comment:
None
Vice Mayor Campbell discussed the need for a citywide assessment district.
On motion of Council Member Strawbridge, seconded by Council Member Largaespada, Council approved the adoption of Resolution 22-69, on a roll call by the following vote:
Ayes: Council Member Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
18.C - FIRST READING OF AN ORDINANCE AMENDING THE ZONING REGULATIONS (TITLE 17) OF THE BENICIA MUNICIPAL CODE
PERTAINING TO DAY CARE CENTER USE IN THE OPEN SPACE DISTRICT (Community Development Director)
ORDINANCE NO. 22- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING TITLE 17 (ZONING) OF THE BENICIA
MUNICIPAL CODE (BMC) TO ALLOW THE DAY CARE CENTER USE
CLASSIFICATION IN THE OPEN SPACE DISTRICT WHEN LOCATED ON
THE GROUNDS AND WITHIN THE FACILITIES OF A DULY PERMITTED
RELIGIOUS ASSEMBLY USE
Vic Randall, Senior Planner, reviewed the staff report and a PowerPoint presentation.
Council Member Macenski asked Staff to clarify whether there was a current childcare facility on site (no).
Council Member Strawbridge spoke in support of the proposed ordinance.
Mayor Young asked for clarification if the daycare services would be available to the general public. Pastor Larry David confirmed this was a community-wide endeavor.
There are no stipulations in place, other than it being a first come first served and it would be based on need.
Public Comment:
None
On motion of Council Member Strawbridge, seconded by Council Member Largaespada, Council approved the Introduction and First Reading of the above Ordinance, on a roll call by the following vote:
Ayes: Council Member Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
19) ADJOURNMENT OF REGULAR MEETING (9:00 P.M.)
Mayor Young adjourned the meeting at 8:02 p.m.
City Clerk