1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
JANUARY 17, 2023
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 (5:30 P.M.)
Mayor Young called the Special Meeting to order at 5:30 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 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Virga v. City of Benicia, et al., Solano County Superior Court Case No. FSC057475)
Mayor Young adjourned the meeting to Closed Session at 5:31 p.m. 7) RECONVENE OPEN SESSION
Mayor Young reconvened the Open Session at 6:00 p.m.
8) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
Ben Stock, City Attorney, stated that Council voted 5/0 to approve a settlement agreement with the Virga vs. City of Benicia lawsuit, settling the wrongful death claim.
The parties agreed to a mediated settlement with the City paying $500,000 related to the
2 claims in the lawsuit. A copy of the settlement agreement is available through the City Clerk's office upon request.
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 - HONORING VOLUNTEER RON ARRANTS
(Library and Cultural Services Director)
Proclamation - Honoring Volunteer Ron Arrants
Public Comment:
1. Mayor Young - Mayor Young presented Congressman Mike Thompson with a proclamation recognizing his service to Benicia.
15) APPOINTMENTS
16) PRESENTATIONS
17) ADOPTION OF THE AGENDA
On motion of Council Member Macenski, seconded by Council Member Campbell, Council approved , 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)
3 18) OPPORTUNITY FOR PUBLIC COMMENTS
19) WRITTEN COMMENT
20) PUBLIC COMMENT
2. Chuck Maddux - Mr. Maddux discussed concern with being able to easily access the city agendas.
3. Neema Hekmat - Mr. Hekmat reminded the public of the deadline to submit requests for community grants. He also discussed the need to improve the process for grantees attending the grant application grantee training.
4. Betsy Anderson - Ms. Anderson concern regarding various downtown sites listed on the proposed Housing Element.
5. Jeff Schade - Mr. Schade discussed concern regarding a smell coming from the City's water in recent days.
21) CONSENT CALENDAR
21.A - APPROVAL OF CITY COUNCIL MINUTES FROM THE
DECEMBER 13, 2022, AND DECEMBER 20, 2022, REGULAR
MEETINGS (City Clerk)
December 13, 2022 - City Council Meeting Minutes
December 20, 2022 - City Council Meeting Minutes
21.B - AUTHORIZING THE ACCEPTANCE OF DONATED FUNDS AND
APPROVING THE NECESSARY BUDGET AMENDMENTS (Library
and Cultural Services Director)
Staff Report - Acceptance of Donated Funds and Budget Amendment
1. Resolution - Authorizing the Acceptance of Donated Funds and Budget Amendments RESOLUTION NO. 23- 1 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA AUTHORIZING THE ACCEPTANCE OF DONATED
FUNDS AND APPROVING NECESSARY BUDGET AMENDMENTS
21.C - SECOND READING AND ADOPTION OF AN ORDINANCE
AMENDING CHAPTER 17.84 (CANNABIS) AND CHAPTER 9.60
(CANNABIS PUBLIC SAFETY LICENSE) OF THE BENICIA
MUNICIPAL CODE; DETERMINATION THAT THE ACTION IS
CATEGORICALLY EXEMPT FROM CEQA, PURSUANT TO STATE
CEQA GUIDELINES SECTION 15060(C)(2) AND (3), AND SECTION 15061(B)(3)) BECAUSE IT CAN BE SEEN WITH CERTAINTY THAT
THERE IS NO POSSIBILITY THAT THIS ACTION MAY HAVE A
4 SIGNIFICANT EFFECT ON THE ENVIRONMENT (Community
Development Director)
Staff Report - Cannabis - Code Text Amendments 2nd Reading
1. Ordinance - Amending Title 17 and Title 9 of the Benicia Municipal Code ORDINANCE NO. 23- 1 - 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
21.D - ACCEPTANCE OF THE WEST 7TH STREET 2017 STORM
DAMAGE PROJECT NO. T-122C, APPROVAL OF TASK ORDER,
AND BUDGET ADJUSTMENT (Public Works Director)
Staff Report - Acceptance of the West 7th Street Storm Damage Project
1. Resolution - Acceptance of the West 7th Street Storm Damage Project
2. Notice of Completion - Acceptance of West 7th Street Storm Damage Repair Project
3. Resolution No. 21-126
RESOLUTION NO. 23- 2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA ACCEPTING THE WEST 7TH STREET 2017 STORM DAMAGE PROJECT NO. T-122C AS COMPLETE, AUTHORIZING THE CITY
MANAGER TO SIGN THE NOTICE OF COMPLETION, AUTHORIZING THE CITY CLERK TO FILE SAME WITH THE SOLANO COUNTY RECORDER’S
OFFICE, AND APPROVING A BUDGET AMENDMENT
21.E - APPROVAL OF BUDGET AMENDMENT FOR PUBLIC WORKS
VEHICLE PURCHASES (Public Works Director)
Staff Report - Approval of Budget Amendment for Public Works Vehicles
1. Resolution - Approval of Budget Amendment for Public Works Vehicles
2. Resolution Nos. 21-85, 21-92, 21-115 and 21-142
RESOLUTION NO. 23- 3 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING A BUDGET AMENDMENT FOR PUBLIC
WORKS VEHICLE PURCHASES AND AUTHORIZING THE FINANCE
DIRECTION AND/OR THE CITY MANAGER TO APPROVE THE
NECESSARY BUDGET AMENDMENT AND INCREASE PURCHASE ORDER
AMOUNTS ON BEHALF OF THE CITY
21.F - ACCEPTANCE OF THE FY 21-22 CITYWIDE MICRO-SURFACING
PROJECT AND APPROVAL OF CONTRACT CHANGE ORDERS
(Public Works Director)
5 Staff Report - Acceptance of the FY 21-22 Citywide Micro-Surfacing Project
1. Resolution - Acceptance of the FY 21-22 Citywide Micro-Surfacing Project
2. Notice of Completion - Acceptance of 2022 Micro-surfacing Project
3. Resolution Nos. 22-46 and 22-108
RESOLUTION NO. 23- 4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA ACCEPTING FY 21-22 CITYWIDE MICRO-SURFACING
PROJECT AND APPROVAL OF CONTRACT CHANGE ORDERS AS
COMPLETE, AUTHORIZING THE CITY MANAGER TO SIGN THE NOTICE
OF COMPLETION, AUTHORIZING THE CITY CLERK TO FILE SAME WITH THE SOLANO COUNTY RECORDER’S OFFICE
21.G - APPROVAL OF AMENDMENTS TO AGREEMENTS WITH
HARRIS & ASSOCIATES, INC. AND STANTEC CONSULTING
SERVICES, INC. FOR PROFESSIONAL ENGINEERING SERVICES
(Public Works Director)
RESOLUTION NO. 23- 6 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING AMENDMENTS TO AGREEMENTS WITH HARRIS & ASSOCIATES, INC. AND STANTEC CONSULTING SERVICES, INC. FOR PROFESSIONAL ENGINEERING SERVICES AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AMENDMENTS TO
AGREEMENTS
Council Member Campbell pulled this item to discuss what caused the cost to increase.
Council Member Macenski abstained from this item due to a possible conflict of interest.
Public Comment:
None
Staff Report - Approval of Amendments to Agreements to On-Call Engineering Contracts
1. Resolution Approval of Amendments to Agreements to On-Call Engineering Contracts
2. Amendment to Agreement - Harris
3. Master Professional Engineering Agreement - Harris
4. First Amendment to Task Order No. 2 - Harris
5. Task Order No. 2 - Harris
6. Amendment to Agreement - Stantec
7. Master Professional Engineering Agreement - Stantec
8. First Amendment to Task Order No. 3 Stantec
9. Task Order No. 3 - Stantec
On motion of Council Member Campbell, seconded by Council Member Birdseye, Council approved the adoption of Resolution 23-6, as presented, on a roll call by the following vote:
6 Ayes: Council Member Birdseye, Council Member Campbell, Vice Mayor Scott, Mayor Young
Noes: (None)
21.H - FY 2022-23 FIRST QUARTER INVESTMENT REPORT (Interim Finance Director)
Council Member Campbell and Staff discussed the PARS Trust and concern regarding the investment firm. Council Member Campbell would like Staff to ask the investment firm what their plans are for the next 6 months.
Vice Mayor Scott and Staff discussed the treasury portion of the investment report.
Public Comment:
None
Staff Report - FY 2022-23 First Quarter Investment Report
1. FY 2022-2023 Investment Report Quarter Ending September 30
2. FY 2022-23 115 Trust Statement Ending September 30
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved accepted the September 30, 2022, Quarterly Investment Report, 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)
21.I - APPROVE NECESSARY BUDGET AMENDMENTS TO MAKE A
PAYMENT RELATED TO THE CITY OWNED MARINA (Interim
Assistant City Manager)
Staff Report - Budget Amendment for Marina Property
1. Resolution Marina Property Budget Amendments
RESOLUTION NO. 23- 5 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING THE NECESSARY BUDGET AMENDMENTS
TO FUND A PAYMENT RELATED TO THE CITY OWNED MARINA
LITIGATION
21.J - SECOND READING AND ADOPTION OF 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
7 CONSISTENT THE VARIOUS ADVISORY BODIES OF THE CITY
OF BENICIA (Interim Assistant City Manager)
Staff Report - Advisory Bodies Amendments and Modifications
1. Ordinance Amending Chapter 2.60 and Modifying Related Sections ORDINANCE NO. 23- 2 - 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
21.K - 2023 AMENDMENTS TO THE RALPH M. BROWN ACT (City
Attorney)
Staff Report - 2023 Amendments - Ralph M. Brown Act
21.L - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
Council pulled items 21.G and 21.H for discussion.
On motion of Council Member Macenski, seconded by Council Member Campbell, Council approved the Consent Calendar, 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)
22) BUSINESS ITEMS
22.A - REVIEW DOWNTOWN PARKING STUDY PHASE II
IMPLEMENTATION CONCEPTS AND NEXT STEPS (Interim
Assistant City Manager)
Staff Report - Parking Study Phase II
Council Member Campbell recused himself from this item due to a conflict of interest (proximity of his business to the proposed area).
Vice Mayor Scott and Staff discussed whether there was a parking problem downtown, employee parking on First Street, possibly leasing private lots off of First Street for employee parking, how much it would cost to change the various streets to one-way streets, and whether the paved portion of the East E Street lot has alleviated any of the parking issues.
8 Council Member Macenski and Staff discussed the parking by Fitzgerald Field, and whether studies were done on adjacent land uses, and whether curb heights and tree placement were considered.
Mayor Young and Staff discussed why East 2nd Street was not considered for the diagonal spots as it is much wider than First Street, whether the numbers had been updated since the last study was done, the issue of enforcing time limits on the parking spots on First Street, and the need to try and work something out with the private lots along First Street for employee parking.
Public Comment:
1. Alan Pluchuck - Mr. Pluchuck discussed the need for hatch marking so one car doesn't take up two spaces.
2. Dennis Varni - Mr. Varni discussed concerns with the proposed changes and submitted his comments in writing (copy on file).
3. Chuck Maddux - Mr. Maddux discussed concern regarding the proposed changes.
He would prefer to spend money fixing the streets.
4. Lori Grundman - Ms. Grundman discussed the issue of paving the East B Street lot(s), and how the parking changes would affect trash can placement.
5. Ken Taylor - Mr. Taylor discussed flooding concerns regarding diagonal parking spaces on East 2nd Street, and the need for parking enforcement downtown.
6. Betty Lucas - Ms. Lucas discussed the need for signage, support for parking enforcement, and spoke against angled parking.
7. Stephen Golub - Mr. Golub discussed support for parking time limits. He did not support the issue of angled parking.
8. Jeff Schade - Mr. Schade discussed the need to leave the City's history intact.
Council Member Birdseye discussed support for incentivizing employee parking off of First Street, an enforcement mechanism, and hatch marking. She did not support angled parking on East J Street. She discussed the need to pave the streets to make them safer to drive and bike on.
Vice Mayor Scott echoed Council Member Birdseye's comments. He could not support the proposed changes as there are better ways to spend the City's money.
Council Member Macenski discussed the issue of there being angled parking on First Streets many years ago. He discussed the possibility of charging for parking at special events and support for an enforcement mechanism for parking on First Street.
Mayor Young and Staff discussed the issue of parking enforcement, and staffing challenges with regards to parking enforcement.
Mayor Young stated he was not ready to scrap this project. He would like to move forward with some suggestions. He would like East 2nd Street from East B Street to East H Street to be considered for angled parking on both sides and on East H Street by Fitzgerald Field from East 2nd Street and East 4th Street. He would like to use that to develop a parking program to get businesses on First Street to have their employees to
9 park in the additional spaces, and possible enforcement (being cognizant of Staff's concerns regarding staffing availability).
Council Member Birdseye stated she was not against it but would like to know how many parking spaces that would create. She would also like to hear from the community on the proposed idea.
Mayor Young asked staff if they could get an estimate on how many parking spots the proposal would create and what the cost would be.
Council Member Macenski stated he would like to have Staff come back to Council with some options based on Council's comments tonight and have that be part of Council's priority/goal setting workshop.
Vice Mayor Scott supported looking at opportunities to look at angled parking on side streets and getting employees to use those spots.
1. Downtown Benicia Parking Study 2020
2. Memo - Benicia Angle Parking Capacity
22.B - CONTINUATION OF DISCUSSION TO 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 (Interim Assistant City Manager) Mario Giuliani, Interim Assistant City Manager, reviewed the staff report.
Council Member Campbell and Staff discussed concern regarding the cost and the issue of sponsorship.
Council Member Birdseye and Staff discussed how existing funds would be used to pay the initial deposit.
Vice Mayor Scott and Staff discussed how staff time would be affected with the proposed drone show, and what the estimated economic value would be if this was approved.
Council Member Macenski discussed using the $160,000 in the bucket that was previously discussed by Council. He discussed concern regarding committing to something without having a solid plan in place to cover the possible $200,000 that this could cost the City.
Mayor Young and Staff discussed whether any other sponsors had committed to the event besides Gene Pedrotti. Mayor Young suggested skipping the event in 2023 and revisiting it in 2024.
10 Public Comment:
1. Gene Pedrotti - Mr. Pedrotti discussed support for moving forward with the proposed activities.
2. Brian Hough - Mr. Hough discussed support for moving forward with the proposed activities.
3. Lori Grundman - Ms. Grundman did not support the proposed event, and wondered what would happen with the donations that have been made thus far.
4. Jeff Schade - Mr. Schade stated he would donate $1,000 towards the event.
Vice Mayor Scott discussed concern regarding fiscal responsibility. He made a motion to not move forward and guarantee the entire $160,000 amount. Seconded by Council Member Campbell.
Council Member Campbell corrected that with Mr. Pedrotti's $35, 000, the City would only be out $43,000 if we could not raise all the funds to cover the event. (losing the deposit on the contracts).
Mayor Young asked if there was any interest in moving forward to do this in 2024 and skip 2023. It is too soon and requires too much money.
Council Member Macenski discussed the need to find out if the community is interested in funding the event. He supported waiting until 2024.
The motion was withdrawn.
Vice Mayor Scott made a motion to not move forward with funding the additional resources for 2023 and to direct Staff to look into a fundraising program for 2024. The motion was seconded by Council Member Campbell.
Staff Report - Continuation of Discussion of 2023 American Independence Day Event Celebration
On motion of Vice Mayor Scott, seconded by Council Member Campbell, Council approved not moving forward with funding the additional resources for 2023 and to direct Staff to look into a fundraising program for 2024, on a roll call by the following vote:
Ayes: Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: Council Member Birdseye
23) ADJOURNMENT OF REGULAR MEETING (8:00 P.M.)
Mayor Young adjourned the meeting at 9:32 p.m. in memory of Judy Donaldson.
11 City Clerk