1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
OCTOBER 4, 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.
Council Member Macenski arrived at 6:40 p.m.
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 - NATIONAL BULLYING PREVENTION
MONTH - OCTOBER 2022 (City Manager)
Proclamation - National Bullying Prevention Month - October 2022 8) PRESENTATIONS
8.A - ECONOMIC INDICATOR REPORT (Economic Development
Department)
2 9) ADOPTION OF AGENDA
On motion of Council Member Largaespada, seconded by Council Member Macenski, Council approved the Adoption of the Agenda, 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)
10) OPPORTUNITY FOR PUBLIC COMMENTS
11) WRITTEN COMMENT
12) PUBLIC COMMENT
1. Annina Puccio - Ms. Puccio discussed the Monarch Milkweed Project.
2. Gaul Culley - Ms. Culley discussed the upcoming Benicia Dog Festival on 10/15/22.
3. Peter Pozert - Mr. Pozert discussed residential energy consulting and how he could help the City with the permitting process for solar and battery permits.
4. Michael Munn - Mr. Munn clarified statements that were made at the 9/20 council meeting regarding a year round sports field.
5. Duriya Syed - Ms. Syed discussed the issue of wildfire risks and prevention.
6. Council Member Macenski - Council Member Macenski discussed two positive interactions he had with City Staff.
7. Council Member Strawbridge - Council Member Strawbridge discussed the upcoming event 'Harvest of Books' a story stroll that is being put on by Benicia Reads.
13) CONSENT CALENDAR
13.A - APPROVAL OF CITY COUNCIL MINUTES FROM SEPTEMBER
20, 2022 REGULAR MEETING (City Clerk)
September 20, 2022 Regular Meeting Minutes
13.B - AUTHORIZE PURCHASE OF FOUR REPLACEMENT POLICE
VEHICLES AND APPROVE THE NECESSARY BUDGET
AMENDMENT TO COMPLETE THE PURCHASE (Chief of Police)
Staff Report - Police Vehicle Purchase 2022
1. Resolution - Police Vehicle Purchase 2022
2. Vehicle and Equipment Purchase and Replacement Policy and Procedures RESOLUTION NO. 22 - 119 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA AUTHORIZING THE PURCHASE OF FOUR (4)
REPLACEMENT POLICE VEHICLES, APPROVING THE NECESSARY
3 BUDGET AMENDMENT AND AUTHORIZING THE CITY MANAGER TO
SIGN THE PURCHASE ORDERS
13.C - AUTHORIZE PURCHASE OF REPLACEMENT IN-CAR CAMERAS FOR SIXTEEN (16) POLICE PATROL VEHICLES (Chief of Police) Staff Report - In-Car Cameras
1. Resolution Purchase of Sixteen (16) Axon Fleet 3 in-car Cameras for Police Patrol Vehicles
2. AXON Proposal and Purchasing Agreement
RESOLUTION NO. 22 - 120 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA AUTHORIZING THE PURCHASE OF
REPLACEMENT IN-CAR CAMERAS FOR SIXTEEN (16) POLICE PATROL
VEHICLES AND AUTHORIZING THE CITY MANAGER TO SIGN THE
PURCHASE ORDER
13.D - APPROVAL OF CONTRACT CHANGE ORDER NO. 2 FOR THE
EAST H STREET SANITARY SEWER MAIN REPAIR PROJECT
(Public Works Director)
Staff Report - Approval of Contract Change Order for East H Street Sanitary Sewer Main Project
1. Resolution East H Street Sanitary Sewer Main Repair Project
2. Contract Change Order No. 2 - East H Street Sanitary Sewer Main Repair Project
3. Contract - Kerex Engineering, Inc. - East H Street Sanitary Sewer Main Repair Project
4. Proposal - Kerex Engineering, Inc. - East H Street Sanitary Sewer Main Repair Project
5. Contract Change Order No. 1 - East H Street Sanitary Sewer Main Repair Project RESOLUTION NO. 22- 121 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA APPROVING CONTRACT CHANGE ORDER NO. 2 WITH KEREX ENGINEERING, INC. FOR THE EAST H STREET SANITARY
SEWER MAIN REPAIR PROJECT AUTHORIZES THE CITY MANAGER TO
SIGN THE CONTRACT CHANGE ORDER ON BEHALF OF THE CITY
13.E - FY 2021-22 FOURTH QUARTER INVESTMENT REPORT (Finance Director)
Staff Report - FY 2021-22 Fourth Quarter Investment Report
1. FY 2021-22 Investment Report Quarter Ending June 30
13.F - CONSIDERATION TO ADOPT A RESOLUTION EXPANDING
TELECONFERENCE MEETING OPTIONS DURING PROCLAIMED
STATE OF EMERGENCIES (City Attorney)
4 Staff Report - Authorizing Teleconference Meetings to Continue
1. Resolution - Authorizing Teleconference Meetings to Continue RESOLUTION NO. 22- 122 - 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
13.G - 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 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) BUSINESS ITEMS
14.A - CONSIDER AWARDING OR REJECTING THE LOW BID AND
DETERMINE THE USE OF THE GENERAL FUND RESERVES
DESIGNATED TO CAPITAL MAINTENANCE PROJECTS FOR THE
SOUTHERN PACIFIC DEPOT FREIGHT ROOM RENOVATION
AND ACCESSIBILITY PROJECT (City Manager)
Staff Report - Award or Reject Low Bid - Determine Use of General Fund Reserves - Capital Maintenance Projects - Southern Pacific Depot Freight Room RESOLUTION NO. 22- 123 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA REJECTING THE CONSTRUCTION CONTRACT WITH CWS CONSTRUCTION GROUP INC. FOR THE SOUTHERN PACIFIC
DEPOT FREIGHT ROOM RENOVATION AND ACCESSIBILITY PROJECT Erik Upson, City Manager, reviewed the staff report.
Council Member Strawbridge discussed support for Staff's recommendation. She discussed the history of the building, and concern regarding using it for a conference room. She discussed the need to do a better job at deciding what the building could do for the community.
Council Member Macenski discussed the need for a for a comprehensive facilities assessment report.
5 Mayor Young and Staff discussed the design work that has been done so far, the need to rethink the plan, possibly using it as a visitor center, the need to have the restrooms be open to the public, and the possibility of having a commercial business within the building. Mayor Young discussed the need to have a broader discussion about the use of the building.
Council Member Strawbridge clarified that Benicia Main Street was a visitor center and was open 7 days per week.
Vice Mayor Campbell asked for clarification that the money set aside would still be used for this project and not used elsewhere.
Council Member Largaespada discussed support for Staff's recommendations. He asked for a timeline on the facilities assessment report. He also discussed the need for alternate/creative funding sources for big projects.
Public Comment:
1. Belinda Smith - Ms. Smith discussed the need for assurance the money would be kept for the depot project, and possibly scaling the project back.
Mayor Young clarified that the suggested change would be to add the words 'of the Depot' in the last sentence to ensure the funds stay with the project.
Council discussed putting the project on hold until we could come up with a list of comprehensive needs, and the possibility of scaling the project back.
Council Member Strawbridge suggested having a subcommittee made up of stakeholders to look at what the vision is for the depot building.
Mr. Upson suggested giving direction to Staff that when this is brought back, they come up with some sort of historic subcommittee to help with the review of the historic properties, including the depot building.
1. Resolution Reject Construction Contract - Southern Pacific Depot Freight Room Renovation and Accessibility Project
2. Resolution Award Construction Contract - Southern Pacific Depot Freight Room Renovation and Accessibility Project
On motion of Council Member Strawbridge, seconded by Council Member Macenski, Council approved the adoption of Resolution 22-123, 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)
6 14.B - INTRODUCE ORDINANCE REGARDING POLICE DEPARTMENT ACQUISITION AND USE OF MILITARY EQUIPMENT; APPROVAL
OF MILITARY EQUIPMENT USE POLICY, AS REQUIRED BY
ASSEMBLY BILL 481 (Chief of Police)
ORDINANCE NO. 22- - AN ORDINANCE OF THE CITY COUNCIL OF
BENICIA ADOPTING A MILITARY EQUIPMENT USE POLICY
Police Chief Mike Green reviewed the staff report and PowerPoint presentation.
Mayor Young and Staff clarified that the City currently does not have all the military equipment listed in the staff report and that if they chose to obtain the more specialized weapons/equipment they would need to come back to Council for approval.
Council Member Macenski and Staff discussed why a less lethal round (bean bag) would be considered military grade equipment, and the issue of training for SWAT team members.
Council Member Strawbridge and Staff discussed why this assembly bill was brought forward.
Public Comment:
1. Lorie Grundman - Ms. Grundman asked how often the military equipment had been used in the past year and what the status of the City's K-9 unit was.
Staff Report - AB481 Military Equipment
1. Ordinance - AB481 Military Equipment
2. Military Equipment Use Policy
3. Assembly Bill 481
On motion of Council Member Macenski, seconded by Council Member Strawbridge, 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 Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
15) ADJOURNMENT (8:00 P.M.)
Mayor Young adjourned the meeting at 8:39 p.m.
City Clerk