DRAFT
1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
SEPTEMBER 5, 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 (4:30 P.M.)
Mayor Young called the Special Meeting to order at 4:30 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 ANTICIPATED
LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 potential case)
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (2 potential cases)
Mayor Young adjourned the meeting to Closed Session at 4:31 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 met in Closed Session on three items and took no reportable actions.
DRAFT
2 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 6:01 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
Current and Upcoming Openings - Boards and Commissions
14) PROCLAMATIONS
14.A - PROCLAMATION - INTERNATIONAL LITERACY DAY (Library) Proclamation - International Literacy Day 2023
14.B - PROCLAMATION - NATIONAL SUICIDE PREVENTION MONTH (City Manager's Office)
Proclamation - National Suicide Prevention Month 2023
15) APPOINTMENTS
16) PRESENTATIONS
17) ADOPTION OF THE AGENDA
On motion of Council Member Macenski, seconded by Council Member Birdseye, 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)
DRAFT
3 18) OPPORTUNITY FOR PUBLIC COMMENTS
19) WRITTEN COMMENT
20) PUBLIC COMMENT
1. Dan Smith - Mr. Smith discussed upcoming volunteer workdays for the Playground of Dreams (City Park).
2. Dan Swienton - Mr. Swienton discussed the Playground of Dreams.
3. Craig Snider, Benicia Bicycle Club - Mr. Snider discussed concern regarding the closure of Lopes Road and the possibility of allowing cyclists to use the road.
4. Michael Hayes - Mr. Hayes discussed the issue of bridge toll increases. 21) CONSENT CALENDAR
Council pulled Item 21.D for discussion.
21.A - MINUTES FROM THE AUGUST 15, 2023 REGULAR CITY
COUNCIL MEETING (City Clerk)
August 15, 2023 City Council Meeting Minutes
21.B - DESIGNATION OF VOTING DELEGATE FOR THE 2023 LEAGUE
OF CALIFORNIA CITIES ANNUAL CONFERENCE AND EXPO
GENERAL ASSEMBLY (City Manager's Office)
Staff Report - 2023 Cal Cities Voting Delegate
1. 2023 Voting Delegate Packet
2. 2023 Voting Delegate - Alternate Form
21.C - APPROVAL OF ADJUSTMENT TO SALARY SCHEDULES (Human Resources Manager)
Staff Report - Approval of Salary Schedules
1. Resolution Salary Schedules
RESOLUTION NO. 23- 118 - 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
21.D - FY 2022-23 FOURTH QUARTER INVESTMENT REPORT (Finance Director)
Staff Report - FY 2022-23 Fourth Quarter Investment Report Council and Staff discussed assets and investments.
DRAFT
4 Public Comment:
None
1. FY2022-2023 Fourth Quarter Investment Report
2. FY2022-2023 LAIF Statement Ending June 30
3. FY2022-2023 CAMP Statement Ending June 30
4. FY2022-2023 115 Trust Statement Ending June 30
On motion of Council Member Campbell, seconded by Council Member Macenski, Council approved accepted, by minute action, the Fourth Quarter Investment Report for the quarter that ended June 30, 2023 (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)
21.E - SECOND READING AND ADOPTION OF AN ORDINANCE
AMENDING TITLE 13 (PUBLIC SERVICES) OF THE BENICIA
MUNICIPAL CODE TO ALLOW FOR SB-998 (Finance Director)
Staff Report - Water Service BMC Updates and Policy
1. Ordinance - Amending Title 13 - BMC Water Service
2. Resolution - Adopting Water Shutoff Policy
ORDINANCE NO. 23- 4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING TITLE 13 (PUBLIC SERVICE) OF THE BENICIA MUNICIPAL CODE TO ALLOW ADOPTION OF SB 998 RELATED CHANGES AND DELETING SECTION 13.08.050 (DEPOSIT)
RESOLUTION NO. 23- 119 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA ADOPTING THE WATER SHUT OFF POLICY FOR
NON-PAYMENT OF WATER SERVICE
21.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 Birdseye, Council approved the adoption of 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)
DRAFT
5 22) BUSINESS ITEMS
22.A - AUTHORIZE THE CONTRACT RENEWAL OF THE AUTOMATED
LICENSE PLATE READER SYSTEM WITH FLOCK SAFETY WITH
THE INSTALLATION OF ADDITIONAL CAMERAS AND APPROVE
THE NECESSARY BUDGET AMENDMENT (Police Chief)
Staff Report - ALPR Contract Renewal
RESOLUTION NO. 23- 120 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA AUTHORIZING THE CONTRACT RENEWAL OF
THE AUTOMATED LICENSE PLATE READER SYSTEM WITH FLOCK
SAFETY WITH THE INSTALLATION OF ADDITIONAL CAMERAS, ENDING THE COVID-19 CITIZEN’S ASSISTANCE PROGRAM, AUTHORIZING THE
FINANCE DIRECTOR TO APPROVE THE NECESSARY BUDGET
AMENDMENTS AND AUTHORIZING THE CITY MANAGER TO SIGN THE
AGREEMENT ON BEHALF OF THE CITY
Michael Green, Police Chief, reviewed the staff report and a PowerPoint presentation.
Council and Staff discussed the proposed additional cameras, the contract terms and length, and the possibility of using cameras for traffic enforcement.
Public Comment:
1. Lori Grundman - Ms. Grundman asked how many crimes associated with the ALPR were directly related to Benicia and whether the City was reimbursed by other jurisdictions for our time.
2. Constance Beutel - Ms. Beutel spoke in support for the proposed 5-year contract.
3. Michael Hayes - Mr. Hayes spoke in support for the proposed 5-year contract and the installation of additional cameras.
4. Betty Lucas - Ms. Lucas spoke in support for the proposed 5-year contract.
5. Stephen Golub - Mr. Golub spoke in support for the proposed 5-year contract.
1. Resolution - ALPR Contract Renewal
2. Flock Safety Agreement
On motion of Council Member Birdseye, seconded by Council Member Macenski, Council approved the adoption of Resolution 23-120, 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.B - INTRODUCTION AND FIRST READING OF AN ORDINANCE
AMENDING TITLE 17 (ZONING) OF THE BENICIA MUNICIPAL
CODE PERTAINING TO INCLUSIONARY HOUSING (Community
Development Director)
DRAFT
6 ORDINANCE NO. 23- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING CHAPTER 17.12 (DEFINITIONS) AND REPEALING AND REPLACING SECTION 17.70.320 (INCLUSIONARY HOUSING ORDINANCE) OF TITLE 17 (ZONING) OF THE BENICIA
MUNICIPAL CODE
Suzanne Thorsen, Community development Director, reviewed the staff report.
Council and Staff discussed the proposed ordinance, affordable housing units, how for sale units would be handled, deed restrictions, and title transfers to family members.
Public Comment:
None
Staff Report - Inclusionary Housing Ordinance
1. Proposed Ordinance Amending Title 17 Zoning
2. Planning Commission Resolution No 23-5
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the Introduction and First Reading of the above Ordinance, 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.C - QUARTERLY POLICY ISSUE REQUESTS FROM COUNCIL (City Manager)
Staff Report - Quarterly Policy Issue Requests from Council Mario Giuliani, City Manager, reviewed the staff report.
Each Council Member briefly reviewed their request.
Banking Services:
Council and Staff discussed the issue of banking services.
Public Comment:
1. Lori Grundman - Ms. Grundman asked how much it would cost the City to change banking services.
View Ordinance:
Council and Staff discussed the issue of redoing the view preservation ordinance.
Direction to Staff to refer to this to the Planning Commission for recommendation and any other related zoning issues that may be worth discussing.
DRAFT
7 Public Comment:
None
Industrial Safety Ordinance (ISO):
Vice Mayor Scott reviewed the request.
Council Member Birdseye discussed the need to include that the City will examine the current MOU with Valero and the need for a graduation into some sort of an ordinance.
Public Comment:
1. Dennis Lowry - Mr. Lowry discussed the Valero CAP and the issue of an ISO.
2. Constance Beutel - Ms. Beutel spoke in support of an ISO.
EV Charger Strategy:
Council Member Birdseye reviewed the request.
Public Comment:
1. Constance Beutel - Ms. Beutel spoke in support of the request.
2. Michael Hayes - Mr. Hayes spoke in support of the request.
1. City Council Rules of Procedure
2. FY 2023-2024 Work Plan
3. Two-Step Request - Begin Process to Change Banking Services - Mayor Young
4. Two-Step Request - Trees and View Ordinance Ch. 17.82 - Mayor Young
5. Two-Step Request - Industrial Safety Ordinance - Council Member Birdseye and V.
Mayor Scott
6. Two-Step Request - EV Charger Strategy - Council Member Birdseye and V. Mayor Scott
On motion of Council Member Macenski, seconded by Mayor Young, Council approved the first step in the two step process for placing the issue of changing banking services on a future agenda, 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 Macenski, Council approved the first step in the two step process for placing the issue of amending the view ordinance on a future agenda, 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
8 On motion of Vice Mayor Scott, seconded by Council Member Birdseye, Council approved the first step in the two step process for placing the issue of discussing an Industrial Safety Ordinance (ISO) on a future agenda, 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 Vice Mayor Scott, Council approved the first step in the two step process for placing the issue of Electric Vehicle (EV) chargers on a future agenda, 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)
23) ADJOURNMENT OF REGULAR MEETING (8:30 P.M.)
Mayor Young adjourned the meeting at 8:39 p.m.
City Clerk