1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
AUGUST 16, 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 5:00 p.m. 2) CONVENE OPEN SESSION
3) ROLL CALL
All Council Members were present.
4) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
5) PUBLIC COMMENT FOR CLOSED SESSION
None.
6) ADJOURN TO CLOSED SESSION
6.A 5.B - CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representatives: City Manager, Human Resources Manager Employee Organization: Benicia Police Officers Association, Benicia Public Service Employees Association, Benicia Fire Fighters Association, Benicia Dispatchers Association, Benicia Supervisor and Professional Association, Middle Management Employees, Police Management Employees, Senior Management Employees, and Unrepresented Employees.
Mayor Young adjourned the meeting to Closed Session at 5:01 p.m. 7) RECONVENE OPEN SESSION
Mayor Young reconvened the Open Session at 6:00 p.m.
2 8) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
Ben Stock, City Attorney, stated that Council met in Closed Session on one item and took no reportable action.
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
All Council Members were present.
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 - PROCLAMATION - NATIONAL SUICIDE PREVENTION MONTH - SEPTEMBER 2022 (City Manager)
Proclamation - National Suicide Prevention Month 2022
15) 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)
16) OPPORTUNITY FOR PUBLIC COMMENTS
17) WRITTEN COMMENT
3 18) PUBLIC COMMENT
None
19) CONSENT CALENDAR
Council pulled item 19.A pulled for discussion.
19.A - FY 2022/23 MID-CYCLE BUDGET AMENDMENTS (NONGENERAL FUND) REPORT (Finance Director) Staff Report - Mid-Cycle Amendments FY 2022-23 Non-General Fund Vice Mayor Campbell and Staff discussed concern regarding the Park Road project, Amports use of Park Road, marina breakwater and the City losing money on the marina.
Mayor Young and Staff discussed the Southern Pacific Depot Project, funding for the project, restrooms in the depot building, and the need to have public bathrooms downtown.
Council Member Macenski and Staff discussed the marina breakwater information in the staff report, the need to indicate which projects have been carried over from previous years,
Public Comment:
None
On motion of Council Member Macenski, seconded by Council Member Strawbridge, Council approved received the Mid-Cycle Budget Amendments, 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)
19.B - CONSIDERATION TO ADOPT A RESOLUTION EXPANDING
TELECONFERENCE MEETING OPTIONS DURING PROCLAIMED
STATE OF EMERGENCIES (City Attorney)
Staff Report - Authorizing Teleconference Meetings to Continue
1. Resolution - Authorizing Teleconference Meetings to Continue RESOLUTION NO. 22- 102 - 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
4 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
19.C - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
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: Mayor Young, Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge
Noes: (None)
20) BUSINESS ITEMS
20.A - APPROVAL OF A SPECIAL RATE ADJUSTMENT WITH
REPUBLIC SERVICES FOR SOLID WASTE AND RECYCLING
SERVICES REQUIRED BY SENATE BILL 1383 (Public Works
Director)
Staff Report - Republic Services Special Rate Adjustment - SB 1383 RESOLUTION NO. 22- 103 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING A SPECIAL RATE ADJUSTMENT
WITH REPUBLIC SERVICES FOR SOLID WASTE AND RECYCLING
SERVICES REQUIRED BY SENATE BILL 1383
Kyle Ochenduszko, Public Works Director, introduced the agenda item.
Ray Carranza, CalRecycle, reviewed a portion of the staff report and PowerPoint presentation.
Erik Nylund, Crowe, LLP, reviewed a portion of the staff report and PowerPoint presentation.
Susan Hurl, Republic Services, reviewed a portion of the staff report and PowerPoint presentation.
Council Member Macenski and Staff discussed the percentage of small and medium bin users, and how violations are handled.
Vice Mayor Campbell and Staff discussed how Republic Services would be able to handle the increased bins, and concern regarding missed garbage pick-ups.
5 Mayor Young and Staff discussed the 'unfunded mandate', what the penalty could be if the City did not adhere to the mandate, the food recovery aspect of the program, and the pricing based on the size of the cans.
Council Member Largaespada and Staff discussed the aggressive landfill reduction requirement, whether the State met the 50% reduction requirement in 2020 (no), the alternative energy trucks, and concern regarding the food pales being magnets for rodents.
Council Member Macenski and Staff discussed the issue of enforcement.
Council Member Strawbridge and Staff discussed the issue of reducing the garbage disposal usage, and concern regarding inconsistencies in residential garbage pick-up.
Public Comment:
1. Dan - Dan discussed concern regarding the proposed process and increased fees.
2. Brian Woodland - Mr. Woodland discussed concern regarding the food recycling requirement.
3. Michael Hayes - Mr. Hayes discussed concern regarding the labor intensive recycling process.
4. Terry Scott - Mr. Scott discussed concern regarding more large garbage trucks damaging City streets.
5. Marilyn Bardet - Ms. Bardet discussed concern regarding plastic packaging, and the poor quality of her alley.
Mayor Young discussed the issue of missing service pick-ups in neighborhoods.
Vice Mayor Campbell made a motion to continue this item until December to give Republic a chance to improve their services. The motion died for lack of a second.
Council Member Macenski and Staff discussed whether the delay would cause the City any harm with lack of compliance.
Vice Mayor Campbell and Staff discussed delaying the proposed action.
Erik Upson, City Manager, discussed a compromised approach and possibly implement the fines for the provider if the services are not provided as described in the contract.
Council Member Macenski and Staff discussed whether there is a provision in the contract to address the roadway impact fees.
Direction to Staff to return to council by the end of the year to address the service problems with republic services and make recommendations on what can be done to improve services (violations, fines, etc.). timeline in regard to potential RFP or extension of the contract.
6 Council Member Largaespada discussed concern regarding putting more work on Staff.
He stressed the need to communicate with Republic Services.
1. Resolution - Republic Services Special Rate Adjustment - SB 1383
2. Letter from Republic Services Requesting Special Rate Adjustment
3. Final Draft Report Prepared by Crowe, LLP
On motion of Council Member Largaespada, seconded by Council Member Strawbridge, Council approved the adoption of Resolution 22-103, as presented, on a roll call by the following vote:
Ayes: Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: Vice Mayor Campbell
20.B - PUBLIC REVIEW DRAFT HOUSING ELEMENT (Community
Development Director)
Suzanne Thorsen, Community Development Director, reviewed the staff report and a PowerPoint presentation.
Mayor Young and Staff clarified that Mayor Young would need to recuse himself when the site on West 11th Street is discussed.
Council Member Largaespada and Staff discussed the required number of units the City is required to identify, and the Blake Court site.
Council Member Macenski and Staff discussed the Amports site, and possibly removing Blake Court from the list or minimizing the size of the Blake Court site.
Mayor Young and Staff discussed the 'areas of affluence', and what removing Blake Court would have on the Housing Element.
Council Member Largaespada and Staff discussed Jefferson Ridge and minimizing additional density in the area.
Public Comment:
1. Dana Dean - Ms. Dean discussed the developable area for the Yuba site, and Amports' interest in developing the area.
2. Josh - Josh discussed concern regarding the Blake Court site.
3. Ken Taylor - Mr. Taylor requested Council remove the East E Street lot of the list of available sites.
4. Chris Eckenrude - Mr. Eckenrude discussed concern regarding the Jefferson Ridge site and asked that it be removed from the list.
5. Kathleen Brown - Ms. Brown discussed concern regarding the Jefferson Ridge site and asked that it be removed from the list.
7 6. Michael Hayes - Mr. Hayes discussed the cemetery site in the Arsenal and concern regarding the housing industry.
7. Sabrina Zaro - Ms. Zaro discussed concern regarding the Blake Court site.
8. Virginia Barazza - Ms. Barazza discussed concern regarding the Blake Court site.
9. John - John discussed concern regarding the Blake Court site.
10. Donald Dean - Mr. Dean discussed concern regarding Arsenal sites being on the list.
11. Ms. Cosgrove - Ms. Cosgrove discussed concern regarding Arsenal sites being on the list.
12. Marilyn Bardet - Ms. Bardet discussed concern regarding Arsenal sites being on the list.
13. Karen Massey - Ms. Massey discussed support for retaining the Arsenal sites on the list.
14. Matt Campbell - Mr. Campbell discussed concern regarding the Arsenal sites being on the list for a 3rd time.
Council Member Largaespada and Staff discussed what the impact would be if the Arsenal sites stay on the list, whether the City would still get credit for the units built on the site if they are removed from the list, and what happens when sites are on the list for the third time around.
Council Member Macenski and Staff discussed how removing Jefferson Ridge could affect the number of sites the City submits to HCD.
Council Member Strawbridge and Staff discussed the Surplus Land Act, the City not being able to require parking as part of an SB 35 project, and whether the East E Street lot was actually developable.
Removing the Jefferson Ridge site:
Council Member Largaespada and Staff discussed the impact of leaving the parcels on the list.
Mayor Young and Staff clarified that the East E Street Lot and Jefferson Ridge would each be the third time on the list.
Council Member Macenski and Staff discussed what affect it would have on the buffer if Jefferson Ridge was removed.
Council Member Campbell discussed support for leaving the Jefferson Ridge site on.
Mayor Young made a motion to remove Jefferson Ridge from the list, which was seconded by Council Member Largaespada. The motion failed with a 2/3 vote.
8 Removing the Blake Court site:
Mayor Young made a motion to remove the Blake Court site from the list, which was seconded by Council Member Largaespada. The motion passed with a 5/0 vote.
Council Member Strawbridge discussed support for removing Blake court from the list.
Council Member Macenski and Staff discussed what impact removing the site would have.
Vice Mayor Campbell discussed support for removing Blake Court from the list.
Removing the Cemetery site:
Council and Staff discussed support for leaving the Cemetery site on the list.
Removing the East E Street Lot from the list:
Council Largaespada made motion to remove the East E Street Lot from the list, which was seconded by Council Member Strawbridge. The motion failed with a 2/3 vote.
Council Member Strawbridge discussed support for removing it from the lot from the list.
Council Member Macenski discussed what effects removing this site would have on the housing element.
Vice Mayor Campbell discussed support for leaving the site on the list.
Removing the West 11th Street site:
Mayor Young recused himself from this portion of the discussion.
Council Member Largaespada made a motion to add overlay zone and change the underlying zoning to medium density and still move forward with the overlay zone, per Staff's recommendations, which was seconded by Council Member Macenski. The motion passed with a 4/0/1 vote.
Clarification on the Yuba site:
Council Member Largaespada made a motion to go with Staff's recommendation on the Yuba parcel, which was seconded by Council Member Macenski. The motion passed with a 5/0 vote.
Staff Report - Public Review Draft Housing Element.pdf
1. Public Review Draft 2023-2031 Housing Element - July 2022
2. Written Public Comment Received on the Draft Housing Element Since July 1 2022
3. Written Public Comment Received through June 30, 2022
4. Clean Closure Report for Blake Court Landfill - February 2002
5. Regional Water Quality Control Board Order No. R2-2002-0087 Rescission of Cleanup and Abatement Order 93-95
6. Blake Court Open Space Easement October 2002
9 7. Housing Element Public Draft Comments
8. Proposed Revisions to the Public Draft Housing Element On motion of Mayor Young, seconded by Council Member Largaespada, Council denied removing the Jefferson Ridge site from the list, on a roll call by the following vote:
Ayes: Council Member Largaespada, Mayor Young
Noes: Vice Mayor Campbell, Council Member Macenski, Council Member Strawbridge
On motion of Mayor Young, seconded by Council Member Largaespada, Council approved removing the Blake Court site from the list, 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)
On motion of Council Member Largaespada, seconded by Council Member Strawbridge, Council denied removing the East E Street lot from the list, on a roll call by the following vote:
Ayes: Council Member Largaespada, Council Member Strawbridge Noes: Vice Mayor Campbell, Council Member Macenski, Mayor Young
On motion of Council Member Largaespada, seconded by Council Member Macenski, Council approved adding the overlay zone and changing the underlying zoning to medium density and still move forward with the overlay zone, per Staff's recommendations, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge
Noes: (None)
On motion of Council Member Largaespada, seconded by Council Member Macenski, Council approved Staff's recommendation on the Yuba parcel, 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)
20.C - APPROVAL OF A RESOLUTION TO ADD NEW POSITIONS,
SALARY SCHEDULES, AND NECESSARY BUDGT AMENDMENTS
FOR THE PUBLIC WORKS DEPARTMENT AND THE
INFORMATION TECHNOLOGY DIVISION (Public Works Director)
10 RESOLUTION NO. 22- 104 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING ADDITION OF NEW POSITIONS,
SALARY SCHEDULES, AND NECESSARY BUDGET AMENDMENTS FOR
THE PUBLIC WORKS DEPARTMENT AND THE INFORMATION
TECHNOLOGY DIVISION
Kyle Ochenduszko, Public Works Director, reviewed the staff report and a PowerPoint presentation.
Mayor Young and Staff discussed the various proposed changes, why vacant positions are not posted.
Council Member Strawbridge and Staff discussed the proposed changes to the department.
Council Member Macenski and Staff discussed the proposed changes.
Council Member Largaespada and Staff discussed the importance of having someone on staff who can assist with grant-writing.
Vice Mayor Campbell and Staff discussed funding for the proposed position changes, Public Comment:
1. Will Tarbox - Mr. Tarbox spoke in support of the proposed changes.
Staff Report - Reorg and Salary Stabilization
Resolution - New Positions, Salary Schedules, and Necessary Budget Amendments for the Public Works Department and the Information Technology Division On motion of Council Member Largaespada, seconded by Council Member Strawbridge, at 10:26 p.m., Council approved hearing the remaining agenda items, 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)
On motion of Council Member Macenski, seconded by Council Member Largaespada, Council approved the adoption of Resolution 22-104, 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)
20.D - ACCEPT THE ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2021 (Finance Director)
11 Erik Upson, City Manager, introduced the item.
Bret Prebula, Finance Director, reviewed the staff report and a PowerPoint presentation.
Stephanie Beauchaine, Beauchaine Consulting, reviewed the list of material weaknesses that were identified.
Mayor Young and Staff discussed concern regarding the auditing firm's prior actions and lack of information, the 'Unassigned Fund Budget dollars' that appeared a few years ago, and the ERP Program.
Vice Mayor Campbell and Staff discussed the Unassigned Fund budget.
Council and Staff discussed the next steps and how to move forward.
Public Comment:
None
Staff Report - FY 2020-21 Annual Finance Statements Internal Controls
1. Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2021
2. Memorandum on Internal Control and Required Communications for the Fiscal Year Ended June 30, 2021
On motion of Council Member Strawbridge, seconded by Council Member Macenski, Council approved received the Annual Comprehensive Financial Report (CAFR), 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)
21) COUNCIL MEMBER COMMITTEE REPORTS:
21.A - COUNCIL MEMBER COMMITTEE REPORTS
Committee Reports
22) ADJOURNMENT OF REGULAR MEETING (9:00 P.M.)
Mayor Young adjourned the meeting at 12:24 a.m. on 8/16/22.