1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
JUNE 21, 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 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
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
7.A - PROCLAMATION - BENICIA HIGH SCHOOL VARSITY
SOFTBALL TEAM (City Manager's Office)
Proclamation - Benicia High School Varsity Softball Team 8) 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
2 Noes: (None)
9) OPPORTUNITY FOR PUBLIC COMMENTS
10) WRITTEN COMMENT
11) PUBLIC COMMENT
1. Lori Grundman - Ms. Grundman thanked the Benicia Fire Department and the City for today's blood drive.
2. Allison Fleck - Ms. Fleck discussed the Benicia Tree Foundation celebrating 1,000 trees.
12) CONSENT CALENDAR
12.A - APPROVAL OF BUDGET APPROPRIATIONS FROM GRANTS
FOR THE CALIFORNIA WATER AND WASTEWATER
ARREARAGES PAYMENT PROGRAM (Public Works Director)
Staff Report - Approval of Budget Appropriations from Grants for the California Water and Wastewater Arrearages Payment Program
RESOLUTION NO. 22- 73 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING BUDGET APPROPRIATIONS FOR GRANTS
AWARDED FROM THE STATE WATER RESOURCES CONTROL BOARD
FOR THE CALIFORNIA WATER AND WASTEWATER ARREAGES
PAYMENT PROGRAM AND DELEGATE THE FINANCE DIRECTOR AS THE
AUTHORITY TO MAKE THE NECESSARY REVENUE AND EXPENDITURE
INCREASE ASSOCIATED WITH THE GRANTS
Council Member Largaespada and Staff discussed the accounts that were eligible for reimbursement, whether the accounts were hardships or non-payment accounts, how many customers were behind, and how the grant was able the customers to make their payments.
Mayor Young and Staff discussed whether the City put negative credit marks on people who didn't pay their bills (no).
Public Comment:
None
1. Resolution - Budget Appropriations from Grants Awarded
2. Water Arrearages Disbursement Request Form
3. Wastewater Arrearages Disbursement Request Form
On motion of Council Member Largaespada, seconded by Council Member Macenski, Council approved the adoption of Resolution 22-73, on a roll call by the following vote:
3 Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
12.B - APPROVAL OF BUDGET APPROPRIATIONS FROM GRANTS
(Public Works Director)
Staff Report - Approval of Budget Appropriations from Grants
1. Resolution - Budget Appropriation for Grants Awarded
2. Micro-Grant Agreement East 2nd Street
3. TDA Funding Allocation Military West and West 5th Street
4. Notice of Award CalRecycle - SB 1383 Organics
5. Master Agreement - Local Roadway Safety Plan
RESOLUTION NO. 22- 70 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING BUDGET APPROPRIATIONS FOR GRANTS
AWARDED FROM SOLANO TRANSPORTATION AUTHORITY (STA),
METROPOLITAN TRANSPORTATION COMMISSION (MTC), CALIFORNIA
DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY
(CALRECYCLE), AND CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) AND DELEGATE THE FINANCE DIRECTOR AS THE
AUTHORITY TO MAKE THE NECESSARY REVENUE AND EXPENDITURE
INCREASES ASSOCIATED WITH THE GRANTS
12.C - AWARD OF CHEMICAL PURCHASE ORDERS FOR WATER AND
WASTEWATER TREATMENT DIVISIONS FOR FISCAL YEAR
2022-2023 (Public Works Director)
Staff Report - Award of Chemical Purchase Orders for Water and Wastewater Treatment for FY22-23
1. Resolution - Award of Chemical Purchase Orders for Water and Wastewater Treatm ent for FY22-23
2. Bid Summary FY22-23 (from Chemical Pool)
RESOLUTION NO. 22- 71 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ACCEPTING BIDS AND APPROVING PURCHASE
ORDERS TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS
FOR FURNISHING CHEMICALS FOR WATER AND WASTEWATER
TREATMENT FOR FISCAL YEAR 2022-2023 AND AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO SIGN THE PURCHASE ORDERS ON BEHALF
OF THE CITY
12.D - SECOND 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
4 Staff Report - Day Care Center Use - Zoning Text Amendment
1. Ordinance Amending Benicia Municipal Code Title 17 (Zoning) ORDINANCE NO. 22- 5 - 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
12.E - ESTABLISHMENT OF THE ANNUAL APPROPRIATIONS LIMIT (GANN LIMIT) PURSUANT TO ARTICLE XIIIB OF THE
CALIFORNIA STATE CONSTITUTION FOR FISCAL YEAR 2022-23
(Finance Director)
Staff Report - Establishing Appropriation Limit for FY2022-23
1. Resolution - Establishing Appropriation Limit for FY2022-23 RESOLUTION NO. 22- 72 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ESTABLISHING AN APPROPRIATIONS LIMIT
PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA STATE
CONSTITUTION FOR FISCAL YEAR 2022-23
12.F - FY 2022/23 MID-CYCLE BUDGET AMENDMENTS (Finance
Director)
RESOLUTION NO. 22- 74 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING THE NECESSARY BUDGET AMENDMENTS RELATED TO THE FY 2022/23 (MID-CYCLE) BUDGET REVIEW AND
PROVIDE DELEGATED AUTHORITY TO THE FINANCE DIRECTOR TO
MAKE OTHER NECESSARY BUDGET AMENDMENTS
Council Member Largaespada and Staff discussed the average salary savings during a fiscal year, why the proposed items were not already in the budget, whether the proposed items were 'wants' or 'needs', and the need for transparency.
Vice Mayor Campbell and Staff discussed revenues, the need for a balanced budget, the issue of cannabis revenues, and when the next budget review would be (possibly in October 2022).
Mayor Young and Staff discussed whether there had been any significant crime with the current dispensary. Staff confirmed there had not been any significant issues.
Erik Upson, City Manager, discussed the issue of correcting legacies and updating changes to meet current best practices.
5 Mayor Young and Staff discussed the major cannabis distributorship going through the City's process at this time.
Public Comment:
None
Staff Report - Mid-Cycle Amendments FY 2022-23
1. Resolution - Mid-Cycle Budget Amendments
On motion of Council Member Strawbridge, seconded by Vice Mayor Campbell, Council approved the adoption of Resolution 22-74, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: Council Member Largaespada
Council pulled items 12.A and 12.F 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)
13) BUSINESS ITEMS
13.A - RECOMMENDATION TO DECLARE STAGE 2 AS DESCRIBED IN THE EMERGENCY WATER CONSERVATION PLAN (Public Works
Director)
Staff Report - Stage 2 Water Conservation
RESOLUTION NO. 22- 75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA DECLARING STAGE 2 OF THE EMERGENCY WATER
CONSERVATION PLAN
Kyle Ochenduszko, Public Works Director, reviewed the staff report and a PowerPoint presentation.
Mayor Young and Staff discussed being in a 'mega drought', concern regarding the language in the resolution not reflecting the situation, using 2020 as a baseline, steps citizens have already taken to lower water usage, reporting waste and unusual use of water, and current water restrictions.
6 Council Member Macenski and Staff discussed the raw water supply, Valero's water use, whether Valero can cut their water use accordingly, and the need to further emphasize the turf replacement program through Solano County.
Mayor Young and Staff discussed the City being subject to the proposed restrictions, and concerns regarding overwatering our parks.
Council Member Strawbridge and Staff discussed the issue of tree loss with droughts, concern regarding our businesses and the drought, and educating the business community about the current drought situation.
Vice Mayor Campbell and Staff discussed Valero's water use, the need to have Valero to voluntary reduce their water usage, the City's current water usage, and the issue of penalties for abusive water usage by residents.
Mayor Young and Staff discussed the issue of Valero's water usage agreement and priorities for water usage.
Council Member Largaespada and Staff discussed the reliability of Benicia's water supply, rescinding the proposed water regulations, and what the impact might be on the City's revenues might be.
Mayor Young and Staff discussed the metrics that would be used for further drought considerations.
Council Member Macenski and Staff discussed the drought related to new construction and development.
Mayor Young and Staff discussed the State water project and Lake Berryessa.
Council Member Strawbridge and Staff discussed the water in Lake Herman.
Mayor Young stated he would like Staff to come back in 60-90 days with a report card on how the conservation is going. He also asked if we could ask the citizens to only water at night and only water twice per week.
Public Comment:
1. Allison Fleck - Ms. Fleck discusses non-potable water being used to water trees, and the programs available through Solano County.
2. Will Tarbox - Mr. Tarbox spoke in support of the proposed action and suggested that Council trust the subject matter expert's recommendations, and the need to buy into more water storage capacities.
Erik Upson, City Manager, and Staff discussed the issue of recommending the citizens water at night and twice per week, concern whether that might cause over water usage on
7 those two days, the need to speak to the customers about watering between 6-9 p.m., and efficiently watering their zones during that time.
Mayor Young asked for clarification regarding the fact that there will not be a drought surcharge fee.
On motion of Council Member Macenski, seconded by Council Member Largaespada, Council approved the adoption Resolution 22-75, 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)
1. Resolution - Stage 2 Water Conservation
2. State Water Board Proposed Emergency Regulation Text - Section 996 (Urban Drought Response Actions)
3. Ordinance 21-6 Emergency Water Conservation Plan BMC Chapter 13.35 14) COUNCIL MEMBER COMMITTEE REPORTS:
14.A - COUNCIL MEMBER COMMITTEE REPORTS
Committee Reports
15) ADJOURNMENT (8:30 P.M.)
Mayor Young adjourned the meeting at 7:49 p.m.
City Clerk