1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
NOVEMBER 15, 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 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
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) ADJOURN TO CLOSED SESSION
5.A - CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Benicia Harbor Corporation v. City of Benicia, Arbitration Case No. 1130009780)
Public Comment:
None
Mayor Young adjourned the meeting to Closed Session at 5:02 p.m. 6) RECONVENE OPEN SESSION
Mayor Young reconvened the Special Meeting at 6:00 p.m. 7) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
2 Ben Stock, City Attorney stated Council met in closed session on one item and took no reportable actions.
8) 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.
9) ROLL CALL
Present: Vice Mayor Campbell, Council Member Macenski, Council Member Strawbridge, Mayor Young
Absent: Council Member Largaespada
Excused: None
10) PLEDGE OF ALLEGIANCE
11) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
12) ANNOUNCEMENTS
12.A - MAYOR'S OFFICE HOURS
12.B - OPENINGS ON BOARDS AND COMMISSIONS
13) ADOPTION OF THE AGENDA
On motion of Council Member Macenski, seconded by Council Member Strawbridge, 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)
14) OPPORTUNITY FOR PUBLIC COMMENTS
15) WRITTEN COMMENT
16) PUBLIC COMMENT
None
3 17) CONSENT CALENDAR
17.A - APPROVAL OF CITY COUNCIL MINUTES FROM THE
NOVEMBER 1, 2022 REGULAR MEETING (City Clerk)
November 1, 2022 City Council Meeting Minutes
17.B - APPROVAL OF SALARY SCHEDULES (Human Resources)
Staff Report - Approval of Salary Schedules
1. Resolution - Salary Schedules
RESOLUTION NO. 22- 130 -B A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA ADOPTING PUBLICLY AVAILABLE PAY
SCHEDULES IN ACCORDANCE WITH THE REQUIREMENT OF
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5, WHICH
INCLUDES REVISED SALARY SCHEDULES FOR THE CITY OF BENICIA
JOB CLASSIFICATIONS
17.C - 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- 131 - 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
17.D - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
On motion of Council Member Macenski, seconded by Council Member Strawbridge, Council approved the adoption of the Consent Calendar, as presented on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
4 18) BUSINESS ITEMS
18.A - APPROVAL OF A BUSINESS DISCOVERY AND AMNESTY
PROGRAM RELATED TO BUSINESS LICENSES (Finance Director) Staff Report - Business Discovery Program
RESOLUTION NO. 22- 132 -A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING A BUSINESS DISCOVERY AND AMNESTY
PROGRAM FOR BUSINESS LICENSE FEES
Jeff Tschudi, Assistant Finance Director, reviewed the staff report.
Council Member Strawbridge and Staff discussed where the businesses that were out of compliance were located and whether they are home-based, and what the maximum business license fees are.
Mayor Young and Staff discussed the number of businesses located in the City (up to 5,000), and the need to look at the City's business license fees to ensure it is fair and equitable.
Vice Mayor Campbell and Staff discussed the issue of gross receipts, and how the amnesty program would work.
Council Member Macenski and Staff discussed the issue of a gross receipts exemption, and what non-compliance enforcement actions might look like.
Vice Mayor Campbell and Staff discussed how much it would cost the City to collect the fees.
Council Member Strawbridge and Staff discussed the database that is available that contains the email addresses of the local businesses. They also discussed the need to educate local businesses on what the business license rules are.
Mayor Young and Staff discussed the collections process and the possibility of changing the ordinance in the future if they want to raise/lower tax amounts.
Mr. Upson recommended moving forward with tonight's item and bringing the tax issue up at Council's priority goal setting workshop in the future.
Public Comment:
1. Michael Hayes - Mr. Hayes discussed his local eBay business and the need to define what a business really is.
Mayor Young asked if all rental properties had to have a business license. Staff confirmed they did.
5 Ben Stock, City Attorney, suggested Mayor Young recuse himself at this point because of comments were made regarding owning rental properties and needing a business license and not currently having one.
Council Member Strawbridge made a motion to approve the proposed resolution. Council Member Macenski seconded the motion, with a requested amendment that Staff try and include consideration of the tax issue as part of Council's work program going into next year.
1. Resolution Business Discovery and Amnesty Program
On motion of Council Member Strawbridge, seconded by Council Member Macenski, Council approved the adoption of Resolution 22-132, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Macenski, Council Member Strawbridge Noes: (None)
Abstain: Mayor Young
18.B - AMENDMENTS TO TITLE 17 (ZONING) OF THE BENICIA
MUNICIPAL CODE PERTAINING TO MIXED USE-INFILL ZONING
(Community Development)
Staff Report - Mixed Use - Infill Zoning Text Amendments ORDINANCE NO. 22- - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BENICIA AMENDING BENICIA MUNICIPAL CODE SECTIONS
17.08 (ORGANIZATION, APPLICABILITY, AND INTERPRETATION), 17.12 (DEFINITIONS), 17.26 (MIXED USE DISTRICTS), AND 17.74 (OFF-STREET
PARKING AND LOADING REGULATIONS)
Suzanne Thorsen, Community Development Director, reviewed the staff report.
Council Member Macenski and Staff discussed current applications on file that this might affect.
Mayor Young and Staff discussed the status of the review of the City's draft Housing Element, the 'Scout' property located on East L Street, and the issue of surface parking on commercial sites.
Vice Mayor Campbell and Staff discussed whether residential would be allowed on the ground floor in the shopping center locations.
Public Comment:
None
6 1. Draft Ordinance
2. Planning Commission Resolution No. 22-9
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 Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
18.C - SECOND READING OF AN ORDINANCE ADDING CHAPTER 8.30 (FIREWORKS) UNDER TITLE 8 (HEALTH AND SAFETY) OF THE
CITY OF BENICIA MUNICIPAL CODE (Fire Chief)
ORDINANCE NO. 22- 10 - 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.
Public Comment:
None
Staff Report - Second Reading and Adoption of an Ordinance Adding Chapter 8.30 (Fireworks) Under Title 8 (Health and Safety) of the City of Benicia Municipal Code
1. Ordinance Chapter 8.30 (Fireworks) Clean Version
On motion of Council Member Macenski, seconded by Council Member Strawbridge, Council approved the adoption of Ordinance 22-10, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
18.D - SECOND READING OF THE 2022 CALIFORNIA FIRE CODE AND CHAPTER AMENDMENTS (Fire Chief)
Staff Report - Second Reading and Adoption of the 2022 California Fire Code and Chapter Amendments
ORDINANCE NO. 22- 11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA TO REPEAL CHAPTER 8.28 (FIRE PREVENTION AND
7 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.
Public Comment:
None
1. Ordinance - California Fire Code Update - Clean Version On motion of Council Member Macenski, seconded by Council Member Strawbridge, Council approved the adoption of Ordinance 22-11, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
18.E - SECOND READING AND ADOPTION OF THE 2022 CALIFORNIA BUILDING CODE AND TITLE 15 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 - Building Code and Title 15 Amendments
ORDINANCE NO. 22- 12 - 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; 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 8
RESOLUTION NO. 22- 133 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING AN AMNESTY AND COMPLIANCE PERIOD FOR EXISTING LIVE/WORK UNITS LOCATED AT 925 JACKSON STREET, 1075 JACKSON STREET, 990 GRANT STREET AND 991 TYLER STREET (ARSENAL BUILDINGS NOS. 163/60, 68/69 AND 88) TO FACILITATE
COMPLIANCE WITH THE BENICIA MUNICIPAL CODE
Suzanne Thorsen, Community Development Director, reviewed the staff report.
Mayor Young and Staff discussed the status of the enforcement actions taken a few years ago in the lower arsenal units.
Public Comment:
None
1. Ordinance - Amending Title 15 of the Benicia Municipal Code
2. Resolution Establishing an Amnesty and Compliance Period for Live/Work Units.
On motion of Council Member Macenski, seconded by Council Member Strawbridge, Council approved the adoption of Ordinance 22-12, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
On motion of Council Member Macenski, seconded by Council Member Strawbridge, Council approved the adoption of Resolution 22-133, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
19) COUNCIL MEMBER COMMITTEE REPORTS:
19.A - COUNCIL MEMBER COMMITTEE REPORTS
Committee Report - Marin Clean Energy
Council Member Macenski discussed the North Study Area Subcommittee's recent activity and upcoming meetings and encouraged the public to participate.
Public Comment:
None
Committee Report - Sky Valley Open Space
Committee Report - Solano County Water Agency
9 Committee Report - Solano Open Space
Committee Report - Solano Transportation Authority
Committee Report - Traffic, Pedestrian and Bicycle Safety 20) ADJOURNMENT OF REGULAR MEETING 8:00 P.M.
Mayor Young adjourned the meeting at 7:15 p.m.
City Clerk