1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
JULY 5, 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 SPECIAL MEETING TO ORDER (5:00 P.M.)
Mayor Young called the Special Meeting to order at 5:02 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
Excused: None
4) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
5) PUBLIC COMMENT FOR CLOSED SESSION
None
6) ADJOURN TO CLOSED SESSION
6.A - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): (1 potential case)
Government Code Claim dated November 11, 2022, by Gary Gregory on file with the City Clerk’s Office.
Mayor Young adjourned the meeting to Closed Session at 5:03 p.m. 7) RECONVENE OPEN SESSION
Mayor Young reconvened the Open Session at 6:00 p.m.
8) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
2 Ben Stock, City Attorney, stated that Council met on one item and no reportable actions were taken.
9) 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 6:00 p.m.
10) ROLL CALL
Present: Vice Mayor Campbell, Council Member Macenski, Council Member Strawbridge, Mayor Young
Absent: Council Member Largaespada
Excused: None
11) PLEDGE OF ALLEGIANCE
12) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
13) ANNOUNCEMENTS
13.A - MAYOR'S OFFICE HOURS
13.B - OPENINGS ON BOARDS AND COMMISSIONS
14) PROCLAMATIONS
14.A - TERI DAVENA, MANAGEMENT ANALYST II, RETIREMENT
Proclamation - Teri Davena, Management Analyst II, Retirement
14.B - WALTER CARROLL'S 100th BIRTHDAY
Proclamation - Walter Carroll's 100th Birthday
14.C - PARKS MAKE LIFE BETTER MONTH
Proclamation - Parks Make Life Better Month
15) APPOINTMENTS
15.A - CITY COUNCIL APPOINTMENTS; SUBCOMMITTEE'S
PREFERENCES FOR BOARDS AND COMMISSIONS
O'Malley, Joseph, Redacted
3 Han, Michelle, Redacted
Nichols-Stell, Penny, Redacted
Schlosshard, Britt, Redacted
Van Landschoot, Jon, Redacted
Kaufman, Denise, Redacted
Ruchames, Eric, Redacted
Kazakaff, Lois, Redacted
Cadloni, Carolyn, Redacted
Kane, Ron, Redacted
Zhang, Daniel, Redacted
Kirkpatrick, Sandy, Redacted
Kane, Kim, Redacted
Horton, Cory, Redacted
Rice, Hannah, Redacted
Noble, Rachel, Redacted
Su, Sheng, Redacted
Petrellese, Sharon, Redacted
Peck, David, Redacted
Puri, Dushant, Redacted
Public Comment:
None
16) ADOPTION OF THE 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)
17) OPPORTUNITY FOR PUBLIC COMMENTS
18) WRITTEN COMMENT
19) PUBLIC COMMENT
1. Mario Giuliani, Deputy City Attorney, showed a 19-second video on the 3rd of July parade and drone show.
2. Gene Pedrotti - Mr. Pedrotti discussed the success of the drone show and thanked Council and the City for their support.
3. Steven Goetz - Mr. Goetz requested the City disclose more information on SB 35 housing development applications.
4 4. Matt Burns - Mr. Burns asked that Council make all city meetings hybrid to allow more access for citizens.
5. Nancy - Nancy echoed Mr. Burns' comments.
20) CONSENT CALENDAR
20.A - APPROVAL OF CITY COUNCIL MINUTES FROM MAY 13, 2022, MAY 17, 2022, MAY 24, 2022, JUNE 7, 2022, JUNE 14, 2022, AND JUNE 21, 2022, SPECIAL AND REGULAR MEETINGS (City Clerk) May 13 2022 City Council Special Meeting Minutes
May 17 2022 City Council Meeting Minutes
May 24 2022 City Council Meeting Minutes
June 07 2022 City Council Meeting Minutes
June 14 2022 City Council Special Meeting Minutes
June 21 2022 City Council Meeting Minutes
20.B - ACKNOWLEDGE RECEIPT OF THE CALIFORNIA HEALTH AND SAFETY CODE 13146.4 FIRE INSPECTION COMPLIANCE REPORT
(Fire Chief)
Staff Report - California Health and Safety Code 13146.4 Fire Inspection Compliance Report
RESOLUTION NO. 22- 78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA ACCEPTING THE 2021 STATE MANDATED FIRE
INSPECTION REPORT FROM THE BENICIA FIRE DEPARTMENT
Mayor Young and Staff discussed the inspection rate being low, the fact that some hazardous storage facilities were closed, staffing issues, and Covid impacted their ability to inspect.
Public Comment:
None
1. Resolution - 2022 Fire Inspection Compliance Report
On motion of Mayor Young, seconded by Council Member Macenski, Council approved the adoption of Resolution 22-78, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
20.C - AUTHORIZE AN AMENDMENT TO THE AGREEMENT WITH
MIRROR CONSULTING, LLC AND AUTHORIZE A BUDGET
AMENDMENT TO EXECUTE THE CONTRACT TO CREATE A
5 JOINT POWER AGREEMENT FOR A COUNTY-WIDE RADIO
SYSTEM (Chief of Police)
Staff Report - Amendment to JPA Project Agreement
RESOLUTION NO. 22- 79 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA TO AUTHORIZE THE AMENDMENT TO THE
AGREEMENT WITH MIRROR CONSULTING, LLC, AND TO AUTHORIZE
THE NECESSARY BUDGET AMENDMENTS IN POLICE GENERAL FUND TO
CONTINUE THE CREATION OF A JOINT POWER AGREEMENT FORMING
THE SOLANO COUNTY REGIONAL RADIO COMMUNICATION SYSTEM
Mayor Young and Staff discussed the cost of the agreement.
Public Comment:
None
1. Resolution Amendment to the Agreement and Budget Adjustments Mirror Consulting, LLC
2. Amendment to the Agreement Mirror Consulting, LLC
3. Original Agreement Mirror Consulting, LLC
On motion of Mayor Young, seconded by Council Member Macenski, Council approved the adoption of Resolution 22-79, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
20.D - APPROVAL OF PROCUREMENT SOFTWARE AGREEMENT
WITH OPENGOV, INC. (Finance Director)
Staff Report - Approval of Second Amendment to OpenGov Inc. Agreement
1. Resolution - Approval of Second Amendment to OpenGov Inc. Agreement
2. Second Amendment to Agreement for OpenGov, Inc. Agreement RESOLUTION NO. 22- 76 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING A SECOND AMENDMENT TO AGREEMENT WITH OPENGOV, INC. FOR PROCUREMENT SOFTWARE
20.E - CONSIDERATION TO ADOPT A RESOLUTION EXPANDING
TELECONFERENCE MEETING OPTIONS DURING PROCLAIMED
STATE OF EMERGENCIES (City Attorney)
Staff Report - Authorization of Continuation of Virtual Meetings
1. Resolution - Authorization of Continuation of Virtual Meetings
6 RESOLUTION NO. 22- 77 - 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
20.F - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
Council pulled items 20.B and 20.C for discussion.
On motion of Council Member Macenski, 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 Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
21) BUSINESS ITEMS
21.A - INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 3.22
OF THE BENICIA MUNICIPAL CODE MODIFYING A GENERAL
PURPOSE, TRANSACTION AND USE (“SALES”) TAX TO BE
PLACED ON THE NOVEMBER 8, 2022, BALLOT (Deputy City
Manager)
Staff Report- Sales Tax Amendment of Chapter 3.22 BMC
ORDINANCENO. 22- - AN ORDINANCE OF THE CITY OF BENICIA
AMENDING CHAPTER 3.22 OF THE BENICIA MUNICIPAL CODE
IMPOSING A GENERAL PURPOSE TRANSACTIONS AND USE (“SALES”)
TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION
SUBJECT TO THE APPROVAL OF CITY OF BENICIA VOTERS
Erik Upson, City Manager, reviewed the staff report and a PowerPoint presentation.
Vice Mayor Campbell and Staff discussed the police station project, the possibility of sharing Vallejo's police station, and the need to find a way to facilitate the project.
Council Member Macenski and Staff discussed the scenario of the proposed measure passing and what and where the funds would be spent.
7 Council Member Strawbridge and Staff discussed the City facilities, the poor condition of the Clocktower, work that needs to be done at other city facilities, the need to fund deferred maintenance on the facilities, the City's parks, and the need for power, bathrooms, and lighting at the Waterfront Park.
Mayor Young and Staff discussed the Landscaping & Lighting District.
Vice Mayor Campbell and Staff discussed how much of the funds from the Measure would go to the streets/roads, the projected gas tax funds for next year, and what Measure C funds were supposed to be used for.
Mario Giuliani, Deputy City Manager, continued the staff report and PowerPoint presentation.
Mayor Young and Staff discussed whether there needed to be an accompanying advisory measure along with the proposed measure.
Council Member Macenski and Staff discussed the issue of bond indebtedness, and the issue of citizen oversight.
Mayor Young and Staff discussed the proposed measure being a general tax, concerns regarding having a specific tax, advertising on Facebook, and why the BMC is being amended prior to the measure passing.
Council Member Strawbridge and Staff discussed if the passing of the proposed measure would change the way the City reports on Measure C funds.
Public Comment:
None
1. Draft Ordinance Amending Chapter 3
2. Proposed Resolution - For Reference Only - To be Acted Upon at the July 19, 2022, City Council Meeting
On motion of Council Member Strawbridge, seconded by Council Member Macenski, Council approved the Introduction and First Reading of the above Ordinance, as presented, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
21.B - CITY DEBT CAPACITY/FEASABILITY (Finance Director) Staff Report - City Debt Study Request
Bret Prebula, Finance Director, reviewed the staff report.
8 Mayor Young and Staff discussed the issue of doing a bond issue for roads, and the City's current debt.
Council Member Macenski and Staff discussed when the City would see funds from the proposed Measure if it were to pass (April 2023).
Council Member Strawbridge and Staff discussed when the City would see receipts from the proposed measure (July 2023).
Public Comment:
None
Mr. Prebula summarized the approach Staff would be taking. Staff would be looking at a broad infrastructure debt structure with a variety of scenarios that would provide Council with one large issuance to provide a variety of objectives, and a bunch of series types of issuances, and then be able to weigh and understand some scenarios and cost benefits of each of those scenarios to then be able to get a little more specific council direction in the early Spring to be able to potentially move one way or the other to actually do an issuance.
22) ADJOURNMENT OF REGULAR MEETING (8:30 P.M.)
Mayor Young adjourned the meeting at 8:07 p.m.
City Clerk