1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
OCTOBER 1, 2024
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 Special Meeting to order at 5:01 p.m. 2) CONVENE OPEN SESSION
3) ROLL CALL
All Council Members were present.
Council Member Macenski arrived at 5:01 p.m. via Zoom (attending remotely). Council Member Birdseye arrived at 5:15 p.m.
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 COUNSELANTICIPATED
LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One potential case)
1. Valero Benicia Refinery Comments on ISO Draft 08.16.24 Mayor Young adjourned the meeting to Closed Session at 5:01 p.m. 7) RECONVENE OPEN SESSION
Mayor Young reconvened the Open Session at 6:04 p.m.
2 8) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
Ben Stock, City Attorney, reported that Council met on one item 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 6:04 p.m.
10) ROLL CALL
All Council Members were present.
Council Member Macenski announced he would be attending remotely due to illness. 11) PLEDGE OF ALLEGIANCE
12) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
13) ANNOUNCEMENTS
13.A - MAYOR'S OFFICE HOURS
Mayor Young is maintaining an open office on the first and third Mondays of the month (except holidays) in the Mayor's office of City Hall from 4:30 to 6:00 p.m. No appointment is necessary. Other meeting times may be scheduled through City Hall by calling 707-746-4200.
14) PROCLAMATIONS
14.A - PROCLAMATION - DOMESTIC VIOLENCE AWARENESS
MONTH
Proclamation - Domestic Violence Awareness Month
15) APPOINTMENTS
16) PRESENTATIONS
16.A - RAW WATER TRANSMISSION LINE UPDATE (Public Works)
16.B - RESILIENCY PLAN UPDATE (City Manager's Office)
Public Comment:
Lori Grundman - Ms. Grundman asked for clarification on zero-based budgeting.
3 Greg Gartrell - Mr. Gartrell discussed the Prop 218 process. 17) ADOPTION OF THE AGENDA
On motion of Council Member Birdseye, seconded by Vice Mayor Scott, Council approved the Adoption of the 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)
18) OPPORTUNITY FOR PUBLIC COMMENTS
19) WRITTEN COMMENT
20) PUBLIC COMMENT
1. Denise Cicato, United Sovereign Americans - Ms. Cicato discussed concern regarding the inaccuracy of elections and asked Council to adopt a resolution.
2. Lee Southerland - Ms. Southerland read a portion of a resolution she would like council to adopt to ensure accurate elections.
3. Charlene Phips - Ms. Phips discussed concern regarding the inaccuracy of elections.
4. Paul Troxal - Mr. Troxal discussed concern regarding the inaccuracy of elections. 21) CONSENT CALENDAR
21.B - APPROVAL OF PROPOSED SECOND AMENDMENT TO
COMMUNICATIONS SITE LEASE AGREEMENT WITH T-MOBILE
WEST, LLC LOCATED AT 1471 PARK ROAD (Economic Development Manager)
Staff Report - Second Amendment to Lease Agreement, T-Mobile
1. Resolution - Second Amendment to Lease Agreement, T-Mobile
2. Second Lease Amendment to Lease Agreement - T-Mobile
3. Lease Agreement - T-Mobile
4. First Amendment to Lease Agreement - T-Mobile
RESOLUTION NO. 24- 113 – A RESOLUTION APPROVING THE SECOND
AMENDMENT TO THE SITE LEASE AGREEMENT WITH T-MOBILE WEST,
LLC AND AUTHORIZING THE CITY MANAGER TO SIGN THE
AMENDMENT ON BEHALF OF THE CITY
21.A - MINUTES FROM THE AUGUST 20, 2024, SEPTEMBER 3, 2024 AND SEPTEMBER 17, 2024 SPECIAL AND REGULAR MEETINGS (City
Clerk)
4 August 20, 2024 City Council Meeting Minutes
September 3, 2024 City Council Meeting Minutes
September 17, 2024 City Council Meeting Minutes
21.C - APPROVAL OF BUDGET AMENDMENTS FOR THE PRIORITY
PRODUCTION AREA GRANT AND AWARD CONSULTANT
AGREEMENT FOR THE PORT OF BENICIA FACILITIES AND
INFRASTRUCTURE MODERNIZATION PLAN (Deputy City
Manager)
RESOLUTION NO. 24- 114 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING BUDGET AMENDMENTS FOR THE
PRIORITY PRODUCTION AREA GRANT FROM THE METROPOLITAN
TRANSPORTATION COMMISSION AND THE ASSOCIATION OF BAY AREA
GOVERNMENTS, AND AWARDING A CONSULTANT AGREEMENT FOR
THE PORT OF BENICIA FACILITIES AND INFRASTRUCTURE
MODERNIZATION PLAN
Council and Staff discussed who the other bidders were on the project, what the project is about, how doable the project is, the port lease,
Public Comment:
None
Staff Report - Accept PPA Grant and Award Consultant Agreement to GHD for the Port Modernization
1. Resolution Agreement GHD, Inc. - Port of Benicia Facilities and Infrastructure Modernization Plan
2. GHD, Inc. Agreement and Scope of Work
3. PPA Grant Award - MTC - Port of Benicia Facilities and Infrastructure Modernization Plan
4. Resolution No. 19-116 - Priority Production Area Nomination On motion of Council Member Birdseye, seconded by Council Member Campbell, Council approved the adoption of Resolution 24-114, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: Council Member Campbell
21.D - AUTHORIZATION FOR SUBMITTAL OF APPLICATION(S) FOR
ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF BENICIA
IS ELIGIBLE (Public Works Director)
Staff Report - CalRecycle Grant Authorization
1. Resolution - CalRecycle Grant Authorization
5 RESOLUTION NO. 24- 115 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA AUTHORIZING SUBMITTAL OF APPLICATION(S)
FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF BENICIA IS
ELIGIBLE, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SIGN ALL GRANT DOCUMENTS ON BEHALF OF THE CITY EFFECTIVE FOR (5)
YEARS FROM THE DATE OF ADOPTION
21.E - RESPONSE TO THE 2023-2024 GRAND JURY REPORT
REGARDING SOLANO COUNTY CANINE OFFICER TRAINING,
HANDLING & END OF CAREER POLICIES (Police Chief)
Council and Staff discussed the issue of a retirement plan for the canine officers.
Public Comment:
1. Lori Grundman - Ms. Grundman asked why the Grand Jury reported on this issue.
2. Michael Hayes - Mr. Hayes discussed the ethics in using police dogs.
Staff report - Grand Jury Response - Canine Policies
1. Cover Letter Conveying the Grand Jury Report to the City of Benicia
2. Email Granting Extension to Deadline to Submit Written Response
3. 2023-2024 Solano County Grandy Jury Report
4. Proposed Response Letter from Police Chief and City of Benicia On motion of Council Member Birdseye, seconded by Mayor Young, Council approved by motion, the Police Chief’s response to the 2023-2024 Solano County Grand Jury Report titled “Solano County Canine Officer Training, Handling & End of Career Policies”, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Mayor Young
Noes: Vice Mayor Scott
21.F - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
Council pulled items 21.C and E
On motion of Council Member Birdseye, seconded by Vice Mayor Scott, 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)
6 22) BUSINESS ITEMS
22.A - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BENICIA AMENDING SECTION 3.22.070 OF CHAPTER
3.22 OF TITLE 3 OF THE BENICIA MUNICIPAL CODE TO REVISE
THE USE TAX RATE TO REFLECT THE VOTERS APPROVAL OF
MEASURE B (City Manager)
- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING SECTION 3.22.070 OF CHAPTER 3.22 OF TITLE 3 OF
THE BENICIA MUNICIPAL CODE TO REVISE THE USE TAX
RATE TO REFLECT THE VOTERS APPROVAL OF MEASURE B
(City Manager)
Staff Report - Amendment to Benicia Municipal Code Section 3.22.070 Transaction Tax Rate
URGENCY ORDINANCE NO. 24- 4 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING SECTION 3.22.070 CHAPTER 3.22 OF TITLE 3 OF THE BENICIA MUNICIPAL CODE TO REVISE THE USE TAX RATE TO REFLECT THE VOTERS’ APPROVAL OF
MEASURE B
ORDINANCE NO. 24- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING SECTION 3.22.070 CHAPTER 3.22 OF TITLE 3
OF THE BENICIA MUNICIPAL CODE TO REVISE THE USE TAX RATE TO REFLECT THE VOTERS’ APPROVAL OF MEASURE B
Sarah Shawky, Deputy City Manager, reviewed the staff report.
Council and Staff discussed the difference between the two ordinances being presented tonight.
Public Comment:
1. Greg Gartrell - Mr. Gartrell asked why other sections were not being amended.
1. Urgency Ordinance Amending Section 3.22.070 of the Benicia Municipal Code
2. Ordinance Amending Section 3.22.070 of the Benicia Municipal Code On motion of Council Member Birdseye, seconded by Vice Mayor Scott, Council approved the adoption of Urgency Ordinance 24-4, 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)
7 On motion of Council Member Birdseye, seconded by Vice Mayor Scott, Council approved the above Introduction and First Reading of an 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.B - DISCUSSION OF WATER AND WASTEWATER CAPACITY FEES (Public Works Director)
Staff Report - Water and Wastewater Capacity Fees
Council and Staff discussed what an appropriate percentage would be to recover, if a nexus study and presentation could be done, what a nexus study would cost, and the next steps and process that would need to be followed.
Public Comment:
1. Greg Gartrell - Mr. Gartrell suggested the city use 100% reimbursement.
Council gave direction to Staff to figure out if the nexus study is still valid, and if not, what would the cost be for a new study.
1. 2020 Water and Wastewater Capacity Fee Update Bartle Wells Associates
2. Staff Report January 5, 2021 Adopting Nexus Studies and Updating Citywide Impact Fee Levels
3. Resolution No. 21-1
4. Resolution No. 21-2
5. Resolution No. 21-3
23) ADJOURNMENT OF REGULAR MEETING (8:00 P.M.)
Mayor Young adjourned the meeting at 8:56 p.m.
City Clerk