1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
MARCH 21, 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 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 Campbell attended via zoom.
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
Public Comment:
1. Marilyn Bardet - Ms. Bardet spoke in support of Mr. Straw's proclamation.
7.A - PROCLAMATION - ROGER STRAW - RETIREMENT (City
Manager's Office)
Proclamation - Roger Straw - Retirement
7.B - PROCLAMATION - AMERICAN RED CROSS MONTH - MARCH
2023 (City Manager's Office)
2 Proclamation - American Red Cross Month
8) APPOINTMENTS
9) PRESENTATIONS
10) ADOPTION OF AGENDA
On motion of Council Member Macenski, seconded by Council Member Birdseye, 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)
11) OPPORTUNITY FOR PUBLIC COMMENTS
12) WRITTEN COMMENT
13) PUBLIC COMMENT
1. Constance Beutel - Ms. Beutel discussed the Valero Good Neighbor Steering Committee settlement funds and how some of the funds were spent.
2. Lionel Largaespada - Mr. Largaespada discussed concern regarding the recent armed burglaries at the Stiizy cannabis dispensary, and support for additional funding for the Benicia Police Department for staffing, recruitment, and retention.
3. Kathy Kerridge - Ms. Kerridge invited the public to an air quality forum on Monday, 3/27.
14) CONSENT CALENDAR
14.A - MINUTES FROM THE FEBRUARY 28, 2023, AND MARCH 7, 2023, REGULAR CITY COUNCIL MEETINGS (City Clerk)
February 28, 2023, City Council Meeting Minutes
March 7, 2023, City Council Meeting Minutes
14.B - APPROVE A SPECIAL PERMIT FOR A DRIVEWAY EXPANSION MORE THAN TWENTY FEET WIDE AT 797 ROSE DRIVE (Public
Works Director)
Staff Report - Approval of a Driveway Expansion at 797 Rose Drive
1. Resolution Approval - Special Permit Driveway Expansion - 797 Rose Drive RESOLUTION NO. 23- 25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA ENACTING THE FOLLOWING:
3 APPROVING A “SPECIAL PERMIT” UNDER BENICIA MUNICIPAL CODE
12.16.240 K, ALLOWING A DRIVEWAY IN EXCESS OF TWENTY FEET IN WIDTH AT 797 ROSE DRIVE BENICIA, CA.
DETERMINING THAT THE PROJECT IS EXEMPT FROM CEQA PURSUANT TO SECTION 15305 (MINOR ALTERATIONS IN LAND USE LIMITATIONS)
THE SPECIAL PERMIT APPROVED FOR THIS PROJECT SHALL BE
SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS IN
ADDITION TO ALL APPLICABLE REGULATIONS, RESTRICTIONS AND LIMITATIONS SET FORTH IN THE BENICIA MUNICIPAL CODE:
THE PROJECT SHALL ADHERE TO ALL APPLICABLE ORDINANCES,
PLANS, AND SPECIFICATIONS OF THE CITY OF BENICIA.
ANY ALTERATION OF THE APPROVED PLANS, INCLUDING
SUBSTITUTION OF MATERIALS, SHALL BE REQUESTED IN WRITING FOR
REVIEW AND APPROVAL BY THE PUBLIC WORKS DIRECTOR OR THEIR DESIGNEE PRIOR TO CHANGES BEING MADE IN THE FIELD.
THE APPLICANT OR PERMITTEE SHALL DEFEND, INDEMNIFY, AND
HOLD HARMLESS THE CITY OF BENICIA OR ITS AGENTS, OFFICERS,
AND EMPLOYEES FROM ANY CLAIM, ACTION, OR PROCEEDING
AGAINST THE CITY OF BENICIA OR ITS AGENTS, OFFICERS, OR
EMPLOYEES TO ATTACK, SET ASIDE, VOID, OR ANNUL AN APPROVAL
OF THE PLANNING COMMISSION, CITY COUNCIL, PUBLIC WORKS
DIRECTOR, OR ANY OTHER DEPARTMENT, COMMITTEE, OR AGENCY
OF THE CITY CONCERNING A DEVELOPMENT, VARIANCE, PERMIT OR
LAND USE APPROVAL WHICH ACTION IS BROUGHT WITHIN THE TIME PERIOD PROVIDED FOR IN ANY APPLICABLE STATUTE; PROVIDED, HOWEVER, THAT THE APPLICANT’S OR PERMITTEE’S DUTY TO SO
DEFEND, INDEMNIFY, AND HOLD HARMLESS SHALL BE SUBJECT TO THE CITY’S PROMPTLY NOTIFYING THE APPLICANT OR PERMITTEE OF ANY SAID CLAIM, ACTION, OR PROCEEDING AND THE CITY’S FULL COOPERATION IN THE APPLICANT’S OR PERMITTEE’S DEFENSE OF
SAID CLAIMS, ACTIONS, OR PROCEEDINGS
14.C - WATER SUPPLY PROCUREMENT (Public Works Director) RESOLUTION NO. 23- 27 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA AUTHORIZING A SUPPLEMENTAL WATER PURCHASE
FROM THE UNIVERSITY OF CALIFORNIA AND THE NECESSARY BUDGET
AMENDMENT TO FUND THE PURCHASE
Council and Staff discussed any required delivery time on water purchased, where the water would be stored, whether the recommended water purchase was necessary. whether the City's water rights could be sold or transferred, and how water banks work.
Public Comment
None
4 Staff Report - Water Supply Procurement
1. Resolution - Water Supply Procurement
On motion of Council Member Birdseye, seconded by Council Member Macenski, Council approved adopted Resolution 23-27, as presented, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott
Noes: Mayor Young
14.D - ACCEPTANCE OF THE EAST H STREET SANITARY SEWER
MAIN REPAIR PROJECT (Public Works Director)
Staff Report - Acceptance of the East H Street Sanitary Sewer Main Repair Project
1. Resolution - Acceptance of the East H Street Sanitary Sewer Main Repair Project
2. Notice of Completion - Acceptance of East H Street Sanitary Sewer Main Repair Project
RESOLUTION NO. 23- 26 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ACCEPTING THE EAST H STREET SANITARY SEWER
MAIN REPAIR PROJECT AS COMPLETE, AUTHORIZING THE INTERIM
CITY MANAGER TO SIGN THE NOTICE OF COMPLETION AND
AUTHORIZING THE CITY CLERK TO FILE SAID NOTICE WITH SOLANO COUNTY
14.E - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
Council pulled item 14.C for discussion.
Council Member Macenski discussed exparte communications he had.
On motion of Council Member Macenski, seconded by Vice Mayor Scott, Council approved 14) CONSENT CALENDAR, 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) BUSINESS ITEMS
15.A - 2022 GENERAL PLAN AND HOUSING ELEMENT ANNUAL
PROGRESS REPORT (Community Development Director)
Staff Report - General Plan and Housing Element Annual Progress Report 5 Vivian Tognon, Associate Planner, reviewed the staff report.
Staff and Council discussed the House of Hope, the City's Inclusionary Housing Element, low and very low income housing, the Housing and Trust Fund, and permitted vs. actual constructed units.
Public Comment;
None
1. General Plan and Housing Element Annual Progress Report On motion of Council Member Birdseye, seconded by Council Member Macenski, Council accepted the 2022 General Plan and Housing Element Annual Progress Report (Attachment 1), 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 - FY 2022-23 MID-YEAR BUDGET REVIEW, USE OF THE
COMMITMENT FOR CAPITAL PROJECTS, AND NECESSARY
BUDGET AMENDMENTS (Finance Director)
Staff Report - FY 2022-23 Mid-Year Budget Review and Budget Actions RESOLUTION NO. 23- 28 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING THE NECESSARY BUDGET AMENDMENTS
RELATED TO THE MID-YEAR BUDGET REVIEW
RESOLUTION NO. 23-35 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING THE USE OF THE COMMITMENT FOR
CAPITAL PROJECTS
Jeff Tschudi, Interim Finance Director, and Bret Prebula, Assistant City Manager, reviewed the staff report and a PowerPoint presentation.
Council and Staff discussed any possible cuts that could be made to the budget, the importance of including the community in the budget process, Council's upcoming goal setting workshop.
Public Comment:
1. Lionel Largaespada - Mr. Largaespada discussed the City's budget.
2. Lori Grundman - Ms. Grundman asked if Council could provide some insight into the Marina litigation.
Council and Staff discussed the budget, possibly extending the use of life of vehicles, the cost of state mandates, the City's wages, salaries, and pension costs, the possibility of 6 raising fees, increasing taxes, possibly cutting general services, and increasing revenues through diversification of our economic ad space.
1. Resolution - Mid-Year Budget Amendments
2. Resolution - FY 2022-23 Use of Capital Commitment
3. Mid-Year Budget Memo
On motion of Council Member Birdseye, seconded by Vice Mayor Scott, Council approved the adoption of Resolution 23-28, 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 Mayor Young, seconded by Council Member Birdseye, Council approved the adoption of Resolution 23-35, 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, Bicycle and Safety Committee Report - Tri City Cooperative Planning Group - Solano Open Space 17) ADJOURNMENT (8:30 P.M.)
Mayor Young adjourned the meeting at 8:02 p.m.
City Clerk