1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
DECEMBER 19, 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 (5:00 P.M.)
Mayor Young called the meeting to order at 5:00 p.m.
2) CONVENE OPEN SESSION
3) ROLL CALL
Present: Council Member Birdseye, Council Member Campbell, Vice Mayor Scott, Mayor Young
Absent: Council Member Macenski
Excused: None
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: (One potential case)
6.B PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: (City Manager)
Mayor Young adjourned the meeting to Closed Session at 5:01 p.m. 7) RECONVENE OPEN SESSION
Mayor Young reconvened the Open Session at 6:01 p.m.
2 8) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
Ben Stock, City Attorney, reported that Council met in Closed Session on two items and took no reportable actions.
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.
Council Member Macenski arrived at 6:24 p.m.
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 - LOCAL
APPOINTMENTS LIST - MADDY ACT
Maddy Act Notice - December 2023
14) APPOINTMENTS
14.A - APPOINTMENT OF DIANE DOOLEY, M.D., TO THE SOLANO
TRANSPORTATION AUTHORITY PEDESTRIAN ADVISORY
COMMITTEE
On motion of Mayor Young, Council approved by motion, the appointment of Diane Dooley to the Solano Transportation Authority Pedestrian Advisory Committee, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Vice Mayor Scott, Mayor Young
Noes: (None)
3 15) ADOPTION OF THE AGENDA
Mario Giuliani, City Manager, stated Staff would be pulling item 19.D and bringing it back for Council consideration in January 2024. He also requested that item 20.D be moved up in the agenda so it would be the first business item to accommodate the public.
On motion of Council Member Birdseye, seconded by Vice Mayor Scott, Council approved the Adoption of the Agenda, 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)
16) OPPORTUNITY FOR PUBLIC COMMENTS
17) WRITTEN COMMENT
18) PUBLIC COMMENT
1. Bart Sullivan - Mr. Sullivan discussed recent events with Benicia Performing Arts. 19) CONSENT CALENDAR
19.A - TEMPORARY RELIEF OF THE SOUND AMPLIFICATION USE
REGULATIONS FOR SUNDAY, DECEMBER 31, 2023 (Community
Development Director)
Staff Report - Temporary Relief - Sound Amplification Use Regulations
1. Resolution - Temporary Relief - Sound Amplification Use Regulations RESOLUTION NO. 23- 154 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA GRANTING TEMPORARY RELIEF OF THE SOUND AMPLIFICATION USE REGULATIONS SECTION 8.20.080 BMC FOR
SUNDAY, DECEMBER 31, 2023
19.B - DIRECTION TO STAFF TO ISSUE REQUEST FOR PROPOSAL FOR SECURITY CAMERA SYSTEM (Finance Director)
Staff Report - RFP Camera System
Council and Staff discussed why the system needs to be upgraded, the cost of the upgrade, the proposal timeline, concern regarding spending the money prior to the March 2024 election, clarification that Staff is proposing to start the RFP process, Public Comment:
4 1. Lori Grundman - Ms. Grundman asked for clarification on the cameras located on Rose Drive and Columbus Parkway. They are automatic license plate reader cameras.
1. Final Draft RFP Security Camera System
On motion of Council Member Birdseye, seconded by Council Member Campbell, Council approved by motion, giving Staff direction to issue Request for Proposal (RFP) for the security camera system, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Mayor Young
Noes: Vice Mayor Scott
19.C - FY 2023/24 FIRST QUARTER INVESTMENT REPORT (Finance Director)
Staff Report - FY 2023-24 First Quarter Investment Report
1. FY2023-24 First Quarter Investment Report
2. LAIF Statement Ending September 30
3. CAMP Statement Ending September 30
4. 115 Trust Statement Ending September 30
19.D - APPROVAL OF FIRST AMENDMENT TO THE AGREEMENT
WITH MOSS ADAMS, LLP FOR THE STRATEGIC PLAN AND
DECISION-MAKING FRAMEWORK PROJECT (Deputy City
Manager)
Staff Report - Amendment to Agreement with Moss Adams LLP
1. Resolution - First Amendment to the Agreement - Moss Adams LLP
2. First Amendment to the Agreement - Moss Adams LLP
3. Agreement - Moss Adams LLP
This item was pulled and will be presented to Council in January 2024.
19.E - RESOLUTION CONTINUING THE DECLARATION OF A LOCAL
EMERGENCY FOR RAW WATER TRANSMISSION LINE
INCIDENT (City Manager)
Staff Report - Continuation of Existence of a Local Emergency
1. Resolution - Continuation of Declaration of Local Emergency RESOLUTION NO. 23- 155 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA CONTINUING THE DECLARATION OF A LOCAL
EMERGENCY
5 19.F - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
Council pulled items 19.B and 19.D for discussion.
On motion of Council Member Birdseye, seconded by Vice Mayor Scott, 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, Vice Mayor Scott, Mayor Young
Noes: (None)
20) BUSINESS ITEMS
20.A - NATIONAL LEAGUE OF CITIES CONTRACT AMENDMENT AND UPDATE ON EQUITY, DIVERSITY, AND INCLUSION WORK (City
Manager)
Staff Report - NLC Contract Amendment and Equity Overview Updates RESOLUTION NO. 23- 156 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING THE NATIONAL LEAGUE OF CITIES’
CONTRACT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY
Maliika Chambers, Equity Diversity, and Inclusion Manager reviewed the staff report and a PowerPoint presentation.
Council and Staff discussed whether they could meet the new June 2024 deadline and goals.
Public Comment:
1. Nimat Shakur Grantham - Ms. Grantham spoke in support of the CURE Committee continuing on past June 2024.
2. Nancy Rothstein - Ms. Rothstein spoke in support of the CURE Committee continuing on past June 2024.
1. Resolution - NLC Contract Amendment
2. Amendment to NLC Contract
3. Original NLC Contract
On motion of Council Member Macenski, seconded by Vice Mayor Scott, Council approved the adoption of Resolution 23-156, as amended, on a roll call by the following vote:
6 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, at 9:50 p.m., Council approved continuing the meeting past 10:00 p.m. to hear the remaining agenda items, 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)
20.B - DISCUSSION OF POTENTIAL AMENDMENTS TO THE HEIGHT
STANDARD FOR THE TOWN CORE ZONE IN DOWNTOWN
BENICIA (Community Development Director)
Jason Hade, Planning Manager, reviewed the staff report and a PowerPoint presentation.
Council and Staff discussed the issue of use permits, the East E Street property, whether it would be beneficial to remove the height limit and deal with the heights as the use permits are reviewed,
Public Comment:
1. Brendon Racher - Mr. Racher discussed the need to expand the downtown mixed core district.
2. Lori Grundman - Ms. Grundman discussed support for raising the height limit.
3. Becky Henderson - Ms. Henderson discussed concern regarding raising the height limit.
4. Michael Hayes - Mr. Hayes discussed concern regarding raising the height limit.
5. Allison Fleck - Ms. Fleck discussed concern regarding raising the height limit.
Staff Report - Town Core Height Standard
1. BMC Section 17.70.180 Exceptions to Height Limits
On motion of Mayor Young, seconded by Council Member Macenski, Council approved moving forward with amending the Town Core development standards allowing a height of up to four stories (50 ft.) with use permit requirements, 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)
20.C - RESOLUTION APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF FAIRFIELD AND
CITY OF BENICIA FOR COST SHARING OF THE LOPES ROAD
PIPELINE RECONSTRUCTION PROJECT (City Manager)
7 RESOLUTION NO. 23- 157 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF FAIRFIELD AND CITY OF
BENICIA FOR COST SHARING OF THE LOPES ROAD PIPELINE
RECONSTRUCTION PROJECT AND AUTHORIZES THE CITY MANAGER
TO SIGN THE MEMORANDUM OF UNDERSTANDING ON BEHALF OF THE CITY
Neal Leary, Deputy Public Works Director, reviewed the staff report and PowerPoint presentation,
Council and Staff discussed the FEMA reimbursement issue, 24-hour security coverage for the temporary bypass, and the Lopes Road repairs.
Public Comment:
None
Staff Report - Approval of MOU with City of Fairfield for Cost Sharing of Lopes Road Pipeline Reconstruction Project
1. Resolution Cost Sharing - Lopes Rd Pipeline Reconstruction Project
2. MOU Cost Sharing of Lopes Road Pipeline Reconstruction Project On motion of Council Member Birdseye, seconded by Council Member Macenski, Council approved the adoption of Resolution 23-157, 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)
20.D - SECOND STEP OF TWO-STEP REQUEST TO DISCUSS OPTIONS
FOR GRADUATING FROM THE CURRENT BENICIA VALERO
COOPERATION AGREEMENT INTO ANOTHER FORM OF
OVERSIGHT SUCH AS AN INDUSTRIAL SAFETY ORDINANCE
(Fire Chief)
Mario Giuliani, City Manager, introduced the item.
Josh Chadwick, Fire Chief, reviewed the staff report and a PowerPoint presentation.
Council Members Scott and Birdseye discussed their two-step request.
Council and Staff discussed the Memorandum of Understanding with Valero, whether an ISO would apply to other businesses in the City, flaring data, Bay Area Air Quality Management District (BAAQMD), and the letter received from BAAQMD that Mayor Young read into the record.
8 Council Members Birdseye and Campbell disclosed exparte communications.
Public Comment:
1. Betty Lucas - Ms. Lucas spoke in support of an ISO.
2. Kathy Bennett - Ms. Bennett spoke in support of an ISO.
3. Dennis Lowry - Mr. Lowry spoke in opposition of an ISO.
4. Terry Mollica, Benicia Industrial Safety Ordinance Working Group - Mr. Mollica spoke in support of an ISO.
5. Stephen Golub, Benicia Industrial Safety Ordinance Working Group - Mr. Golub spoke in support of an ISO.
6. Lori Grundman - Ms. Grundman spoke in support of an ISO.
7. Josh Tulino, VP, General Manager, Valero - Mr. Tulino discussed the need for an open process and support for the MOU or a cooperative agreement.
8. Jeovanna Sensiolani - Ms. Sensiolani spoke in support of an ISO.
9. Mark Hughe - Mr. Hughes suggested improving the MOU rather than having an ISO.
10. Daniel Smith - Mr. Smith spoke in support of an ISO.
11. Barat Sullivan - Mr. Sullivan spoke in support of an ISO.
12. George Lee - Mr. Lee spoke in support of an ISO.
13. Judith Sullivan - Ms. Sullivan spoke in support of an ISO.
14. Jack Ruszel - Mr. Ruszel spoke in support of an ISO.
15. Citizen - the citizen spoke in support of an ISO.
16. Janet Leventhal - Ms. Leventhal spoke in support of an ISO.
17. Kathy Kerridge - Ms. Kerridge spoke in support of an ISO.
18. June Mejias - Ms. Mejias spoke in support of an ISO.
Greg Nudd, BAAQMD , and Council discussed the air monitoring controls that BAAQMD has in place, fines, public access to emissions data, the 79 notices of violations Valero received, whether BAAQMD was staffed enough to handle the violations at the bay area refineries, why the City does not receive reports of all violations, and the administrative action that BAAQMD is bringing against Valero.
Mayor Young and Staff discussed forming a subcommittee to discuss the issues at hand made up of local community leaders, the Good Neighbor Steering Committee or BCAMP, Valero, BAAQMD, Solano County, and with presentations and expertise from Contra Costa County. Chief Chadwick could come back with recommendations on how to roll this out. Chief Chadwick suggested having more public meetings with the stakeholders, including BUSD and the Benicia Industrial Safety Ordinance Working Group. Council discussed having two council members on the group.
Council Member Birdseye made a motion to move forward with the second-step request, having a process defined by a subcommittee made up of herself and Vice Mayor Scott, staffed by Chief Chadwick, with members of the community to be identified by the subcommittee (hopefully including Valero), with the intention of creating an Industrial and Safety Health Ordinance. The motion was seconded by Vice Mayor Scott.
9 Staff Report - Second Step Request for Industrial Safety Oversight
1. Benicia - Valero Cooperation Agreement
2. Second Amendment of the Valero Good Neighbor Steering Committee Agreement
3. Major Refinery Incidents List
On motion of Council Member Birdseye, seconded by Vice Mayor Scott, Council approved closing the debate on the issue, and not reopening public comment to see whether Valero would participate in the subcommittee, on a roll call by the following vote:
Ayes: Council Member Birdseye, Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: None
On motion of Council Member Birdseye, seconded by Vice Mayor Scott, Council approved moving forward with the second-step request, having a process defined by a subcommittee made up of herself and Vice Mayor Scott, staffed by Chief Chadwick, with members of the community to be identified by the subcommittee (hopefully including Valero), with the intention of creating an Industrial and Safety Health 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)
21) COUNCIL MEMBER COMMITTEE REPORTS:
21.A - COUNCIL MEMBER COMMITTEE REPORTS
Council Member Committee Reports
22) ADJOURNMENT OF REGULAR MEETING (9:00 P.M.)
Mayor Young adjourned the meeting at 10:44 p.m.