DRAFT
1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
DECEMBER 20, 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.
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 - LOCAL
APPOINTMENTS LIST - MADDY ACT
Maddy Act Notice - December 2022
7) PROCLAMATIONS
8) APPOINTMENTS
8.A - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BENICIA CONFIRMING THE MAYOR’S RE-APPOINTMENT OF
NANCY LUND TO THE SOLANO TRANSPORTATION AUTHORITY
BICYCLE ADVISORY COMMITTEE FOR A THREE-YEAR TERM
ENDING DECEMBER 31, 2025.
Resolution - Appointment - Nancy Lund - Solano Transportation Bicycle Advisory Committee
DRAFT
2 RESOLUTION NO. 22-138 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S RE-APPOINTMENT OF
NANCY LUND TO THE SOLANO TRANSPORTATION AUTHORITY
BICYCLE ADVISORY COMMITTEE FOR A THREE-YEAR TERM ENDING DECEMBER 31, 2025
Public Comment
None
On motion of Mayor Young, Council approved the adoption of Resolution 22-138, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
8.B - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BENICIA CONFIRMING MAYOR'S APPOINTMENTS OF
MEMBERS OF THE CITY COUNCIL TO STANDING, AD HOC AND
OUTSIDE AGENCY COMMITTEES (City Manager)
Erik Upson, City Manager, reviewed the appointment process.
Mayor Young stated there were two minor changes to the resolution. Council Member Birdseye should be primary, and Mayor Young should be the alternate on the Valero Citizen Advisory Panel (CAP), and Council Member Campbell should be added as the alternate on the Water Reuse Subcommittee.
Public Comment:
None
Council Member Macenski discussed the North Study Area Committee and clarified that both he and Mayor Young should be listed as primary and there would be no alternate.
Resolution - Proposed Committee Assignments
On motion of Council Member Macenski, seconded by Council Member Campbell, Council approved the adoption of Resolution 22-139, as amended, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
9) PRESENTATIONS
DRAFT
3 9.A - EQUITY, DIVERSITY AND INCLUSION (City Manager's Office) 10) ADOPTION OF AGENDA
On motion of Council Member Macenski, seconded by Council Member Campbell, Council approved the Adoption of the Agenda, as presented, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
11) OPPORTUNITY FOR PUBLIC COMMENTS
12) WRITTEN COMMENT
13) PUBLIC COMMENT
1. Lisa Wolfe, City Clerk, stated that the last page of the agenda still has the old city council members listed on it. The agenda management software vendor is aware and would be changing the template prior to the first meeting in January 2023. 14) CONSENT CALENDAR
14.A - APPROVAL OF CITY COUNCIL MINUTES FROM THE
DECEMBER 6, 2022, REGULAR MEETING A AND MEETING B (City Clerk)
December 6, 2022, City Council Meeting Minutes - Meeting A December 6, 2022, City Council Meeting Minutes - Meeting B
14.B - ADOPTION OF THE 2023 CITY COUNCIL REGULAR MEETING CALENDAR (City Manager)
Staff Report - City Council Regular Meeting Calendar - 2023
1. City Council Regular Meeting Calendar - 2023
14.C - APPROVAL OF CONTRACT CHANGE ORDER NOs. 2, 3, AND 4 TO TASK ORDER NO. 7 WITH CULLEN-SHERRY & ASSOCIATES,
INC. FOR DREDGE ENGINEERING SERVICES OF THE BENICIA
MARINA (Public Works Director)
Staff Report - Approval of Change Order Cullen-Sherry for Marina Dredging
1. Resolution - Approval of Change Order Cullen-Sherry for Marina Dredging
2. Contract Change Order Nos. 2, 3, and 4 - Cullen-Sherry Associates Marina Dredging
3. Task Order No. 7 - Cullen-Sherry Associates for Marina Dredging DRAFT
4 RESOLUTION NO. 22- 140 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA APPROVING CONTRACT CHANGE ORDER NOs. 2, 3 AND 4 TO TASK ORDER NO. 7 WITH CULLEN-SHERRY & ASSOCIATES, INC. FOR DREDGE ENGINEERING SERVICES OF THE BENICIA MARINA
14.D - APPROVAL OF AMENDMENTS TO MEMORANDA OF
UNDERSTANDING BETWEEN THE CITY OF BENICIA AND
BENICIA POLICE OFFICER’S ASSOCIATION AND BENICIA
DISPATCHERS? ASSOCIATION (Human Resources Manager)
Staff Report - Amendment - Memoranda of Understanding - BPOA and BDA
1. Resolution Amendments Memoranda of Understanding - BPOA and BDA RESOLUTION NO. 22- 141 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING AMENDMENTS TO THE
MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF BENICIA
AND THE BENICIA POLICE OFFICERS ASSOCIATION AND THE CITY OF BENICIA AND THE BENICIA DISPATCHER’S ASSOCIATION
14.E - 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- 142 - 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
14.F - 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 Campbell, Council approved the adoption of the Consent Calendar, as presented, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
DRAFT
5 15) BUSINESS ITEMS
15.A - ADOPTION OF THE ANNUAL AND FIVE-YEAR ASSEMBLY BILL 1600 REPORT (Finance Director)
Staff Report - Adoption of the Annual and Five-Year AB 1600 Report RESOLUTION NO. 22-143 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ACCEPTING AND ADOPTING THE DEVELOPMENT FEE IMPACT REPORT PURSUANT TO GOVERNMENT CODE SECTIONS 66001, 66006, AND 66013
Lindsay Sagastume, Accountant II, reviewed the staff report.
Mayor Young and Staff discussed the issue of fees and the citywide traffic calming program.
Public Comment:
None
1. Resolution - Adoption of AB 1600 Report
On motion of Council Member Birdseye, seconded by Council Member Campbell, Council approved the adoption of Resolution 22-143, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
15.B - BUDGET STUDY SESSION - BUDGET DEVELOPMENT POLICY (Finance Director)
RESOLUTION NO. 22- 144 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING THE BUDGET DEVELOPMENT
POLICY FOR FY 2024 AND FY 2025
Bret Prebula, Interim Assistant City Manager, reviewed the staff report and a PowerPoint presentation.
Council Member Birdseye and Staff discussed the vacancy factor, the operating contingency funds, and the current budgets for the Human Services Board and the Arts & Culture Commission.
Vice Mayor Scott and Staff discussed the issue of pursuing new revenue sources and collaborating with sister cities, and how deep and long the current recession might last.
DRAFT
6 Council Member Campbell and Staff discussed the Human Service Board's grant funding, and the vacancy factor.
Council Member Macenski and Staff discussed the vacancy factor, limited duration positions, the need to evaluate the employee and staffing plan on a regular basis, and the 4/5 vote requirement with respect to budgeting (fund balance commitments).
Mayor Young and Staff discussed the policy goals listed in the staff report, funding for special events, indirect costs for special events, and concern regarding cuts to community grants.
Council Member Campbell and Staff discussed Measure C, the need for ongoing reports on what the funds are spent on, the need to keep part of that for roads, public safety, etc. and not just operations.
Public Comment:
None
Mayor Young discussed possibly having an ad-hoc council budget subcommittee to assist with the next budget cycle.
Council Member Birdseye discussed support for the proposed policy goals, and concerns regarding the 2024-25 budget policy with respect to the community grant funds and special events.
Council Member Campbell made a motion to accept the proposed resolution as written.
Council Member Macenski seconded the motion. No vote was taken.
Mayor Young asked Staff if he could make a substitute motion.
Mary Wagner requested a 5-minute break to research the City's policy on substitute motions.
Mary Wagner, City Attorney, explained how substitute motions are handled in the City of Benicia. The substitute motion would be voted on prior to the initial motion.
Mayor Young made a substitute motion with a change to the amount dedicated to community grants and special events to from 0.5% to 0.75% of general fund expenditure categories. Council Member Campbell seconded the motion. The motion passed with a 4/1 vote.
Staff Report - FY 2023-24 and FY 2024-25 Budget Development Policies
1. Resolution - Budget Development Policy
2. FY 2024 and FY 2025 Budget Development Policy
DRAFT
7 On motion of Mayor Young, seconded by Council Member Campbell, Council approved adopted Resolution 22-144, as amended, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Vice Mayor Scott, Mayor Young
Noes: Council Member Macenski
15.C - RECOMMENDED CHANGE OF FUND BALANCE
COMMITMENTS (Finance Director)
Staff Report - General Fund - Fund Commitments
RESOLUTION NO. 22- 145 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING CHANGES TO GENERAL FUND -
FUND BALANCE COMMITMENTS
RESOLUTION NO. 22- 146 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING INCREASES TO GENERAL FUND -
FUND BALANCE COMMITMENT FOR CAPITAL/MAINTENANCE
PROJECTS
RESOLUTION NO. 22- 147 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA CREATING AND FUNDING AN ASSIGNMENT FOR
EMPLOYEE SALARY ADJUSTMENTS
Erik Upson, City Manager and Bret Prebula, Interim Assistant City Manager, reviewed the staff report and a PowerPoint presentation.
Council Member Campbell and Staff discussed the likelihood of getting a new police station, and where the police salaries have to be in order to retain officers (closer to the median).
Mayor Young and staff discussed the cities that would be in the comparative study, the current vacant positions in the police department, and concern regarding impaction.
Council Member Macenski and Staff discussed the salary schedules in other cities that are close to Benicia, the challenge of keeping officers on staff because of salaries, and the need to do something to retain and recruit staff.
Mayor Young discussed the need to have the comparative salary information along with the compaction issues when this is brought back.
Council Member Campbell and Staff discussed the money set aside for the police facility and concern with using one-time funds.
Vice Mayor Scott and Staff discussed concern regarding compaction issues.
DRAFT
8 Public Comment:
None
Council Member Campbell asked for a timeline on when the study would be brought back to Council.
Mayor Young asked if there was support for a budget subcommittee. Council Member Campbell stated that he supported it but did not want to get in way of staff doing the budget. Council Member Birdseye thought the right people were in place and a subcommittee was not needed. Vice Mayor Scott stated that he trusted staff and did not support the subcommittee.
Staff confirmed the salary study would be brought back in late February or early March of 2023.
1. Resolution - Eliminating Public Safety Facility, Future Projects, and COVID-19 Commitments
2. Resolution - Increasing the Capital Maintenance Commitment
3. Resolution - Increasing and Creating the Assignment for Employee Salary Adjustments
On motion of Council Member Birdseye, seconded by Council Member Campbell, Council approved the adoption of Resolution 22-145, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
On motion of Council Member Birdseye, seconded by Council Member Campbell, Council approved the adoption of Resolution 22-146, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
On motion of Council Member Birdseye, seconded by Council Member Campbell, Council approved the adoption of Resolution 22-147, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
15.D - AN ORDINANCE OF THE CITY OF BENICIA AMENDING
CHAPTER 2.60 ADVISORY BODIES AND MODIFYING RELATED
SECTIONS OF THE BENICIA MUNICIPAL CODE TO BETTER
STREAMLINE AND MAKE CONSISTENT THE VARIOUS
DRAFT
9 ADVISORY BODIES OF THE CITY OF BENICIA (Assistant City Manager)
ORDINANCE NO. 22- - AN ORDINANCE OF THE CITY OF BENICIA AMENDING CHAPTER 2.60 ADVISORY BODIES OF THE BENICIA
MUNICIPAL CODE MODIFYING SECTIONS OF THE CHAPTER TO BETTER
STREAMLINE AND MAKE CONSISTENT THE VARIOUS ADVISORY
BODIES OF THE CITY OF BENICIA
Mario Giuliani, Interim Assistant City Manager, reviewed the staff report and a PowerPoint presentation.
Vice Mayor Scott and Staff discussed who would be keeping the records and recordings.
Mayor Young and Staff discussed utilizing the board and commission members to their fullest extent and giving them real work that is meaningful.
Public Comment:
None
Staff Report - Advisory Bodies Amendments and Modifications
1. Draft Ordinance Amending Chapter 2.60 and Modifying Related Sections On motion of Council Member Macenski, seconded by Council Member Campbell, Council approved the Introduction and First Reading of the above Ordinance, as presented, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
15.E AMENDMENTS TO CHAPTER 17.84 (CANNABIS) AND CHAPTER
9.60 (CANNABIS PUBLIC SAFETY LICENSE) OF THE BENICIA
MUNICIPAL CODE AND EXEMPTION FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (Community Development)
Staff Report - Cannabis - Code Text Amendments
ORDINANCE NO. 23- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING CHAPTER 17.84 (CANNABIS) OF TITLE 17 (ZONING) AND CHAPTER 9.60 (CANNABIS PUBLIC SAFETY LICENSE) OF TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE BENICIA
MUNICIPAL CODE
DRAFT
10 Suzanne Thorsen, Community Development Director, and Jason Hade, Planning Manager, reviewed the staff report and a PowerPoint presentation.
Mayor Young and Staff discussed why the City would have to prohibit paraphernalia use when 'consumption' is already prohibited, and whether the City has suspended or revoked a public safety license.
Council Member Campbell and Staff discussed the local dispensary and how they have been doing.
Public Hearing Opened
Public Comment:
None
Public Hearing Closed
Council Member Campbell and Staff discussed the Stiizy dispensary and how there have not been any of the problems people were worried about.
Council Member Birdseye and Staff discussed support for the proposed updates to the ordinance.
1. Draft Ordinance - Amending Title 17 and Title 9 - BMC - Cannabis
2. Planning Commission Resolution 22-10
3. Public Comments received prior to Planning Commission hearing On motion of Council Member Birdseye, 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: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
15.F - PROVIDE DIRECTION TO STAFF ON HOW TO PROCEED WITH CONTRACTS TO PRODUCE BENICIA’S 2023 AMERICAN
INDEPENDENCE CELEBRATION EVENT ON JULY 3 AND 4, 2023
(Assistant City Manager)
Mario Giuliani, Assistant City Manager, reviewed the staff report.
Council Member Campbell and Staff discussed concern regarding setting the bar too high and it not being sustainable.
DRAFT
11 Council Member Macenski suggested not going above the $100,000 community based project budget.
Mayor Young discussed concern regarding the City's ability to expect to raise $150,000 per year to continue to do this.
Public Comment:
None
Council Member Campbell and Staff discussed concern about being able to maintain the bar, and whether this could be continued to a future meeting.
Vice Mayor Scott stated that he struggled with spending the proposed amount of money.
Staff discussed the timeline and the possibility of continuing this until 1/17/23.
Staff Report - 2023 Independence Day Event Celebration
1. Benicia’s 2023 American Independence Celebration Event Sponsorship Packet On motion of Council Member Campbell, seconded by Mayor Young, Council approved continuing this item until the January 17, 2023, City Council meeting, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
16) COUNCIL MEMBER COMMITTEE REPORTS:
16.A - COUNCIL MEMBER COMMITTEE REPORTS
Committee Report - Marin Clean Energy
Committee Report - Sky Valley Open Space
Committee Report - Solano County Water Agency
Committee Report - Solano Transportation Authority
Committee Report - Traffic, Pedestrian and Bicycle Safety Committee Committee Report - Tri City Cooperative Planning Group - Solano Open Space 17) ADJOURNMENT (10:00 P.M.)
Mayor Young adjourned the meeting at 10:58 p.m.
City Clerk