1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
DECEMBER 17, 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
2) CONVENE OPEN SESSION (5:30 P.M.)
Mayor Young called the Special Meeting to order at 5:30 p.m. 3) ROLL CALL
All Council Members were present.
Council Member Scott arrived to the Closed Session via Zoom at 5:32 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 COUNSELEXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of cases: (1) Mankin v. City of Benicia, Solano County Superior Court Case No. FCS058970; (2) City of Benicia and Allied Waste Systems, Inc. relating to pedestrian bridge dispute.
Mayor Young adjourned the meeting to Closed Session at 5:30 p.m. 7) RECONVENE OPEN SESSION
Mayor Young reconvened the Open Session at 6:00 p.m.
8) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
2 Ben Stock, City Attorney, reported that Council met in Closed Session on two items and took one reportable action. Council approved on a 5/0 vote to approve a settlement with Republic Services for the pedestrian bridge incident over Military West, and Republic Services has agreed to pay the City of Benicia $2,523,026 for the damage, which represents the cost the City will incur when constructing a new pedestrian bridge. 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 Scott attended the meeting remotely.
11) PLEDGE OF ALLEGIANCE
12) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
13) ANNOUNCEMENTS
13.A MAYOR'S OFFICE HOURS
13.B MADDY ACT NOTICE - DECEMBER 2024 (City Manager's Office) Maddy Act Notice - December 2024
14) PROCLAMATIONS
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, on a roll call by the following vote:
Ayes: Mayor Young, Council Member Birdseye, Council Member Largaespada, Council Member Macenski, Vice Mayor Scott
Noes: (None)
18) OPPORTUNITY FOR PUBLIC COMMENTS
3 19) WRITTEN COMMENT
20) PUBLIC COMMENT
1. Shoshana Nurik - Ms. Nurik discussed the upcoming Menorah Lighting.
2. Belinda Smith, Benicia Historical Society - presented Council with their annual calendar and discussed the historic homes in the calendar. 21) CONSENT CALENDAR
21.A MINUTES FROM THE DECEMBER 3, 2024 MEETINGS, A AND B SPECIAL AND REGULAR MEETINGS (City Clerk)
Minutes of the December 3, 2024 City Council Meeting A
Minutes of the December 3, 2024 City Council Meeting B
21.B ADOPTION OF THE 2025 CITY COUNCIL REGULAR MEETING
CALENDAR (City Manager)
Staff Report - City Council Regular Meeting Calendar - 2025
1. City Council Regular Meeting Calendar - 2025
21.C FY 2024/25 FIRST QUARTER INVESTMENT REPORT (Finance Director)
Staff Report - FY 2024-25 First Quarter Investment Report Council and Staff discussed the portfolio performance and the reserve increases.
Public Comment:
None
1. FY 2024-25 First Quarter Investment Report
2. LAIF Statement Ending September 30
3. CAMP Statement Ending September 30
4. 115 Trust Statement September 30
On motion of Council Member Macenski, seconded by Vice Mayor Scott, Council accepted, by minute action, the First Quarter Investment Report for the quarter that ended September 30, 2024, on a roll call by the following vote:
Ayes: Mayor Young, Council Member Birdseye, Council Member Largaespada, Council Member Macenski, Vice Mayor Scott
Noes: (None)
4 21.D ADOPTION OF THE ANNUAL AND FIVE-YEAR ASSEMBLY BILL 1600 REPORT (Finance Director)
Staff Report - Adoption of the Annual and Five-Year AB 1600 Report
1. Resolution - Adoption of AB 1600 Report
RESOLUTION NO. 24- 133 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA ACCEPTING AND ADOPTING THE DEVELOPMENT
FEE IMPACT REPORT PURSUANT TO GOVERNMENT CODE SECTIONS
66001, 66006, AND 66013
21.E SECOND READING AND ADOPTION OF PROPOSED
AMENDMENTS TO THE BENICIA MUNICIPAL CODE TITLE 17
(ZONING) TO UPDATE DENSITY BONUS ORDINANCE BMC
SECTION 17.70.270 (Community Development Director/Assisatant City Manager)
Staff Report - Density Bonus Ordinance Update 2nd Reading
1. Draft Ordinance - Amending Section 17.70.270 - Benicia Zoning Ordinance (Title 17) ORDINANCENO.24- 8 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING SECTION 17.70.270 (AFFORDABLE
HOUSING DENSITY BONUS AND OTHER INCENTIVES) OF CHAPTER 17.70 (GENERAL REGULATIONS) OF TITLE 17 ZONING OF THE BENICIA MUNICIPAL CODE (BMC) TO IMPLEMENT PROGRAM 1.11 OF THE 2023 2031 HOUSING ELEMENT
21.F APPROVAL OF SPECIAL PERMIT FOR OVERSIZED DRIVEWAY
LOCATED AT 41 CAROLINA DRIVE (Public Works Director)
Staff Report - Special Permit Oversized Driveway 41 Carolina
1. Resolution Special Permit for Oversized Driveway at 41 Carolina Drive
2. Project Site Map - Special Permit for Oversized Driveway at 41 Carolina Drive RESOLUTION NO. 24- 134 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING A SPECIAL PERMIT FOR OVERSIZED DRIVEWAY LOCATED AT 41 CAROLINA DRIVE
21.G PURCHASE OF REPLACEMENT TASER DEVICES AND
EXECUTION OF A NEW LONG-TERM AGREEMENT WITH AXON
ENTERPRISES, INC. (Police Chief)
Staff Report - Replacement Taser Devices - Axon Enterprises RESOLUTION NO. 24- 135 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA AUTHORIZING THE CITY MANAGER TO SIGN A
5 TEN-YEAR AGREEMENT WITH AXON ENTERPRISES, INC. FOR THE
PURCHASE OF REPLACEMENT TASER DEVICES, AND THE SUPPORT AND
MAINTENANCE OF BODY-WORN CAMERAS, TASER DEVICES AND A
RELATED SOFTWARE
Council commended Staff for the work they did on the contract. They discussed under what circumstances the body cameras would be turned off, and the City's body camera policy.
Public Comment:
1. Lori Grundman - Ms. Grundman asked for clarification on the body camera policy.
Council asked for a report back on the policy so they can understand when it would be appropriate to turn the volume off of the body cameras.
1. Resolution Agreement with Axon Enterprises, Inc.
2. Ten-year Agreement with Axon Enterprises, Inc.
On motion of Council Member Largaespada, seconded by Council Member Birdseye, Council approved the adoption of Resolution 24-135, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Largaespada, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
21.H APPROVAL OF A BUDGET AMENDMENT FOR AND
AUTHORIZATION TO THE PURCHASE OF TWO POLICE
SUPERVISOR VEHICLES (Police Chief)
Staff Report - Purchase of two Police Supervisor Vehicles.pdf RESOLUTION NO. 24- 136 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING THE RELATED PURCHASE ORDERS
FOR TWO POLICE SUPERVISOR VEHICLES AND OUTFITTING,
AUTHORIZING THE CITY MANAGER AND FINANCE DIRECTOR TO SIGN
PURCHASE ORDERS ON BEHALF OF THE CITY, AUTHORIZING A
BUDGET AMENDMENT IN THE AMOUNT OF $146,000 FOR THE PURCHASE
OF TWO POLICE SUPERVISOR VEHILCES, AND AUTHORIZING THE
FINANCE DIRECTOR TO MAKE THE NECESSARY TRANSFERS
Council and Staff discussed why an additional car is needed, the cost of the new vehicles, concern regarding the cost, what would happen if this was delayed for a year, whether the funds were available for the purchase,
6 Public Comment
1. Lori Grundman - Ms. Grundman asked about the number of vehicles in the fleet, and only supported the purchase of one vehicle.
1. Resolution Approval of Budget Amendment for the Purchase of Two Police Supervisor Vehicles
2. Quote for Tahoe - Supervisor Vehicle(s)
3. Quotes for Outfitting Supervisor Vehicles
On motion of Council Member Birdseye, seconded by Council Member Macenski, Council approved the adoption of Resolution 24-136, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Largaespada, Council Member Macenski, Vice Mayor Scott
Noes: Mayor Young
21.I AUTHORIZE THE PURCHASE OF ONE QTAC TYPE-5 ENGINE
(Fire Chief)
Staff Report - Purchase of one Type 5 Engine
RESOLUTION NO. 24- 137 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE PURCHASE AGREEMENT WITH MTECH INC. FOR ONE QTAC TYPE-5 FIRE ENGINE AND ASSOCIATED UPFITTING Council and Staff discussed why the new fire engine was needed, what would happen if this were delayed by a year, and support for the purchase.
Public Comment:
1. Lori Grundman - Ms. Grundman asked how many engines were in the fleet.
1. Resolution Type-5 Fire Engine Purchase
2. Purchase Agreement with MTECH, Inc.
3. Vehicle and Equipment Purchase and Replacement Policy and Procedures On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of Resolution 24-137, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Largaespada, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
21.J APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
7 Council pulled items 21.C, 21.G, 21.H, and 21.I for discussion.
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the Consent Calendar, as amended, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Largaespada, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
22) BUSINESS ITEMS
22.A INTRODUCTION AND FIRST READING OF A PROPOSED
AMENDMENT TO BENICIA MUNICIPAL CODE TITLE 16
(SUBDIVISIONS) (Assistant City Manager)
ORDINANCE NO. 24- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING TITLE 16 (SUBDIVISIONS) OF THE BENICIA
MUNICIPAL CODE
Suzanne Thorsen, Assistant City Manager, Community Development Director, reviewed the staff report and a PowerPoint presentation.
Council and Staff discussed the issue of condominiums, tentative map and final parcel map process.
Public Hearing Opened
Public Comment:
1. Chris Ferrucci - Mr. Ferrucci spoke in support of the proposed changes.
Public Hearing Closed
Staff Report - Title 16 Amendment
1. Draft Ordinance Amending Title 16 Subdivisions
2. Correspondence from Steven Goetz, November 13, 2024
3. Planning Commission Resolution No. 24-9
4. Draft Minutes of the Planning Commission, November 14, 2024 On motion of Council Member Birdseye, seconded by Council Member Macenski, 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 Largaespada, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
8 22.B APPROACH TO COMPETITIVE BIDDING PROCESS FOR EXEMPT
SURPLUS LANDS (CITY-OWNED SITES FOR AFFORDABLE
HOUSING (Assistant City Manager)
Suzanne Thorsen, Assistant City Manager, Community Development Director, and Alex Lawrence, Director, RSG, reviewed the staff report.
Council and Staff discussed exempt/non-exempt SLA sites, the capacity for the scout site, the senior center site, why this process was initiated and why it is being done, who could purchase the units (at the senior center), removing 'or' and adding 'and' to the section about the interview panel so it reads 'invite the Housing Authority and the Community Action Council', the interview process, the RFP process, and which council member(s) should be on the interview panel.
Public Comment:
1. Chris Paloma - Mr. Paloma discussed the importance of labor standards on any project the City chooses.
2. Lori Grundman - Ms. Grundman asked if the City gym was included.
Council and Staff discussed the issue of prevailing wage, income eligibility for seniors, renting vs. owning, the City's ability to change the zoning to accommodate more units, and support for Council Members Scott and/or Macenski on the interview panel.
Staff Report - Surplus Land Act
On motion of Council Member Birdseye, seconded by Council Member Largaespada, Council approved appointing Council Members Macenski and Scott to the interview panel for the competitive bidding process, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Largaespada, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
23) COUNCIL MEMBER COMMITTEE REPORTS:
23.A COUNCIL MEMBER COMMITTEE REPORTS
Council Member Committee Reports
24) ADJOURNMENT OF REGULAR MEETING (8:30 P.M.)
Mayor Young adjourned the meeting at 8:06 p.m.
City Clerk