1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
NOVEMBER 1, 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.)
Vice Mayor Campbell called the meeting to order at 6:01 p.m. 2) CONVENE OPEN SESSION
3) ROLL CALL
Present: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge
Absent: Mayor Young
Excused: None
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) ADOPTION OF AGENDA
On motion of Council Member Strawbridge, seconded by Council Member Largaespada, 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
Noes: (None)
8) OPPORTUNITY FOR PUBLIC COMMENTS
2 9) WRITTEN COMMENT
10) PUBLIC COMMENT
1. Della Olm, Benicia Fire Department - Ms. Olm discussed the City's vegetation management program and wildfire mitigation.
2. Matt Avery, Pinole Police Department - Mr. Avery thanked the City of Benicia for allowing the 13th Annual Bike the Bridges event in our City (which benefitted the Northern California Special Olympics.)
11) CONSENT CALENDAR
11.A - APPROVAL OF CITY COUNCIL MINUTES FROM THE OCTOBER 4, 2022, AND OCTOBER 18, 2022 REGULAR MEETINGS (City Clerk) Minutes - October 4, 2022
Minutes - October 18, 2022
11.B - SECOND READING AND ADOPTION OF AN ORDINANCE
AMENDING TITLE 3 (REVENUE AND FINANCE) OF THE BENICIA
MUNICIPAL CODE TO ALLOW FOR THE USE OF ELECTRONIC
BIDDING PLATFORMS (Finance Director)
Staff Report - BMC Purchasing Code Updates
1. Ordinance - Amending Title 3 - BMC - Electronic Bidding Platforms ORDINANCE NO. 22- 9 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING CHAPTER 3.08 (PURCHASING
REGULATION) OF TITLE 3 (REVENUE AND FINANCE) OF THE BENICIA
MUNICIPAL CODE TO ALLOW THE USE OF ELECTRONIC BIDDING
PLATFORMS
11.C - AUTHORIZING THE ACCEPTANCE OF GRANT, CONTRACT
FOR SERVICES, AND DONATIONS FUNDS AND BUDGET
AMENDMENTS (Library and Cultural Services Director)
Staff Report - Acceptance of Grant, Contract for Services, and Donations Funds and Budget Amendment
1. Resolution - Authorizing the Acceptance of Grant, Contract for Services, and Donations Funds and Budget Amendment
RESOLUTION NO. 22- 128 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA AUTHORIZING THE ACCEPTANCE OF GRANT,
CONTRACT FOR SERVICES, AND DONATIONS FUNDS AND APPROVING
BUDGET AMENDMENTS
3 11.D - 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- 129 - 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
11.E - 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
Noes: (None)
12) BUSINESS ITEMS
12.A - SAFETY ELEMENT UPDATE INFORMATION ITEM (Community Development Director)
Eli Krispi, Senior Associate, Placeworks, reviewed the staff report.
Council Member Strawbridge and Staff discussed the issue of development near pipelines and underground power lines.
Council Member Largaespada and Staff discussed the need to prioritize an intermunicipal collaboration and a regional approach, the need for an annual safety element week where all stakeholders are involved, emergency power supplies, encouraging reclaimed water in new development, and adding language regarding 'economically feasible' for gas/electric transition.
Council Member Macenski and Staff discussed adding language to ensure all residents are equally served, labeling the map correctly, concerns regarding the language around the Marina, and language regarding the City's response structure for safety events.
4 Public Comment:
None
Staff Report - Draft Safety Element Policies and Background Report
1. Draft Safety Element Policies
2. Draft Safety Element Background Report
12.B - FIRST READING OF AN ORDINANCE ADDING CHAPTER 8.30 (FIREWORKS) UNDER TITLE 8 (HEALTH AND SAFETY) OF THE
CITY OF BENICIA MUNICIPAL CODE (Fire Chief)
Staff Report - First Reading of an Ordinance Adding Chapter 8.30 (Fireworks) Under Title 8 (Health and Safety) of the City of Benicia Municipal Code ORDINANCE NO. 22- - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BENICIA AMENDING BENICIA MUNICIPAL CODE SECTION
8.28.050 (AMENDMENTS MADE IN THE CALIFORNIA FIRE CODE) AND ADDING A NEW CHAPTER UNDER TITLE 8 (HEALTH AND SAFETY), 8.30 (FIREWORKS) TO ADDRESS FIREWORKS REGULATIONS
Josh Chadwick, Fire Chief, reviewed the staff report and a PowerPoint presentation.
Council Member Macenski and Staff discussed what would happen if the modifications were not made.
Vice Mayor Campbell and Staff discussed the issue of enforcement.
Council Member Strawbridge and Staff discussed whether there might be a statewide ban on fireworks.
Public Comment:
None
1. Ordinance Firework Findings Redline Version
On motion of Council Member Largaespada, seconded by Council Member Macenski, Council approved the Introduction and First Reading of the above Ordinance, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge
Noes: (None)
12.C - FIRST READING OF THE 2022 CALIFORNIA FIRE CODE AND CHAPTER AMENDMENTS (Fire Chief)
5 ORDINANCE NO. 22- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA TO REPEAL CHAPTER 8.28 (FIRE PREVENTION AND LIFE SAFETY CODE) OF TITLE 8 (HEALTH AND SAFETY) OF THE BENICIA MUNICIPAL CODE AND REPLACE WITH THE 2022 CALIFORNIA
FIRE CODE
Josh Chadwick, Fire Chief, reviewed the staff report and a PowerPoint presentation.
Council Member Largaespada and Staff discussed the installation of gas safety shutoff devices.
Vice Mayor Campbell and Staff discussed the issue of gas safety shutoff devices.
Public Comment:
None
Staff Report - First Reading of the 2022 California Fire Code and Chapter Amendments
1. California Fire Code Update Ordinance - Redline Version On motion of Council Member Macenski, 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: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge
Noes: (None)
12.D - FIRST READING OF THE 2022 CALIFORNIA BUILDING CODE
AND TITLE AMENDMENTS TO ENSURE COMPLIANCE WITH
CALIFORNIA CODE OF REGULATIONS TITLE 24
REQUIREMENTS IN THE HEALTH AND SAFETY CODE AND
ADDITIONAL REVISIONS TO TITLE 15 OF THE BENICIA
MUNICIPAL CODE (Community Development Director)
Staff Report - Amending Title 15 of the Benicia Municipal Code ORDINANCE NO. 22 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA REPEALING TITLE 15 (BUILDINGS AND
CONSTRUCTION) OF THE BENICIA MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE TITLE 24 AS MANDATED BY THE STATE BUILDING STANDARDS
COMMISSION WHICH INCLUDES: THE CALIFORNIA ADMINISTRATIVE CODE; THE CALIFORNIA BUILDING CODE VOLUMES 1 & 2 INCLUDING APPENDIX CHAPTERS B, H AND I, AS AMENDED; THE CALIFORNIA
RESIDENTIAL CODE INCLUDING APPENDIX CHAPTERS AL, AH, AJ, AK, AQ, AT AND AV, AS AMENDED; THE CALIFORNIA ELECTRICAL CODE;
6 THE CALIFORNIA MECHANICAL CODE; THE CALIFORNIA PLUMBING
CODE INCLUDING APPENDIX CHAPTERS A, B, E, I, K AND L, AS AMENDED; THE CALIFORNIA GREEN BUILDING STANDARDS CODE; THE CALIFORNIA ENERGY CODE; THE CALIFORNIA HISTORICAL BUILDING CODE; THE CALIFORNIA EXISTING BUILDING CODE INCLUDING
APPENDIX CHAPTERS A, A1, A2, A3, A4, A5, B, AND D, AS AMENDED; THE CALIFORNIA REFERENCED STANDARDS CODE; THE INTERNATIONAL POOL AND SPA CODE; AND MAKING OTHER MODIFICATIONS TO TITLE 15 Suzanne Thorsen, Community Development Director, reviewed the staff report and a PowerPoint presentation.
Council Member Macenski and Staff discussed live/work units, and permit fees associated with permit fees associated with electric vehicle charging stations and rooftop solar stations.
Vice Mayor Campbell and Staff discussed difficulties in getting the Building Code Board of Appeals staffed and together and whether we could switch it up and have appeals go to the Planning Commission. Vice Mayor Campbell also discussed the need for a 'primer' for all the steps that are required when applying for a building permit, possibly offering a service that would help citizens when they are coming up with a project (such as an ombudsman), and property lines.
Public Comment:
1. Citizen - the citizen discussed concerns regarding the City adding extra guidelines that contractors must follow because it adds extra costs to projects.
Council Member Largaespada and Staff discussed the proposed amendments relating to life safety and public health.
1. Draft Ordinance - Amending Title 15 of the Benicia Municipal Code
2. Markup of Existing Regulations
On motion of Council Member Macenski, 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: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge
Noes: (None)
13) ADJOURNMENT (8:30 P.M.)
Vice Mayor Campbell adjourned the meeting at 7:51 p.m.
7 City Clerk