DRAFT
1 MINUTES OF THE
SPECIAL MEETING – CITY COUNCIL
FEBRUARY 18, 2025
5:00 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.
1) CALL SPECIAL MEETING TO ORDER (5:00 P.M.)
Mayor Young called the Special Meeting to order at 5:03p.m. 2) CONVENE OPEN SESSION
3) ROLL CALL
All Council Members were present.
Vice Mayor Macenski arrived at 5:04 p.m.
4) PLEDGE OF ALLEGIANCE
5) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
6) ANNOUNCEMENTS
6.A MAYOR'S OFFICE HOURS
7) PRESENTATIONS
7.A BENICIA-TULA SISTER CITIES ASSOCIATION UPDATE
7.B CAPITAL IMPROVEMENT PLAN (CIP) PROJECT LIST FOR 2025 AND 2026
8) ADOPTION OF THE AGENDA
On motion of Vice Mayor 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 Largaespada, Vice Mayor Macenski, Council Member Scott, Mayor Young
Noes: (None)
9) OPPORTUNITY FOR PUBLIC COMMENTS
DRAFT
2 10) WRITTEN COMMENT
11) PUBLIC COMMENT
1. Forest Fraser - Mr. Fraser discussed concern regarding the drainage problems in the Marina neighborhood, as people's garages are flooding (specifically Portside Village). He would like a drainage study to be done. He and other neighbors applied for a grant, which was denied.
2. Myra Nissen - Ms. Nissen discussed concern regarding the drainage problems in the Marina neighborhood. She would like storm drains fixed to prevent flooding.
3. Citizen - the citizen discussed concern regarding the drainage problems in the Marina neighborhood (specifically Portside Village). He would like the storm drains fixed.
12) CONSENT CALENDAR
12.A MINUTES FROM THE FEBRUARY 4, 2025 SPECIAL AND
REGULAR MEETINGS AND THE FEBRUARY 11, 2025 SPECIAL
AND STATE OF THE CITY MEETINGS
February 4, 2025 Special City Council Meeting Minutes
February 4, 2025 Regular City Council Meeting Minutes
February 11, 2025 Special City Council Meeting Minutes
February 11, 2025 State of the City Minutes
12.B AWARD OF CONSTRUCTION CONTRACT, APPROVAL OF
NOTICE OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND APPROVAL OF TASK
ORDER NO. 13 FOR THE WATER TREATMENT PLANT
MISCELLANEOUS MECHANICAL IMPROVEMENT PROJECT
Staff Report - Award of Construction Contract WTP Misc Mechanical Improvements
1. Resolution - WTP Miscellaneous Mechanical Improvement Project
2. Construction Contract with Corcus Construction, Inc.
3. Notice of Exemption - WTP Miscellaneous Mechanical Improvement Project
4. Task Order No. 13 - Stantec Consulting - Construction ManagementInspection
5. Master Professional Engineering Services Agreement - Stantec Consulting RESOLUTION NO. 25- 27 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ACCEPTING THE BIDS FOR THE WATER TREATMENT
PLANT MISCELLANOUS MECHANICAL IMPROVEMENT PROJECT,
AWARDING THE CONSTRUCTION CONTRACT TO CORCUS
CONSTRUCTION, INC., AUTHORIZING THE CITY MANAGER TO SIGN THE
CONSTRUCTION CONTRACT AND PROJECT MANAGER TO SIGN
CHANGE ORDERS ON BEHALF OF THE CITY, APPROVING A NOTICE OF DRAFT
3 EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVING TASK ORDER NO. 13 WITH STANTEC CONSULTING SERVICES INC. FOR CONSTRUCTION MANGEMENT AND INSPECTION
SERVICES
12.C APPROVAL OF AMENDMENT NO. 3 TO THE 1962
VALLEJO/BENICIA WATER AGREEMENT
Staff Report - Vallejo Water Agreement - Amendment 3
RESOLUTION NO. 25- 28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA APPROVING AMENDMENT NO. 3 TO THE 1962
VALLEJO/BENICIA WATER AGREEMENT
This item was pulled in error.
Public Comment:
None
1. Resolution - Amendment No. 3 to the 1962 Vallejo-Benicia Water Agreement
2. Amendment No. 3 to the 1962 Vallejo-Benicia Water Agreement
3. 1962 Vallejo-Benicia Water Agreement
On motion of Mayor Young, seconded by Vice Mayor Macenski, Council approved the adoption of Resolution 25-28, as presented, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Largaespada, Vice Mayor Macenski, Council Member Scott, Mayor Young
Noes: (None)
12.D APPROVAL OF A FIRST AMENDMENT TO AGREEMENT WITH
DC ELECTRIC GROUP, INC. TO INCREASE PAYMENT LIMITS
AND APPROVAL OF A BUDGET AMENDMENT
Staff Report - Amendment to Agreement with DC Electric
1. Resolution - Amendment to Agreement with DC Electric
2. Amendment to Agreement - DC Electric
RESOLUTION NO. 25- 29 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING A FIRST AMENDMENT TO AGREEMENT WITH DC ELECTRIC GROUP, INC. TO INCREASE PAYMENT LIMITS AND
APPROVAL OF A BUDGET AMENDMENT
DRAFT
4 12.E FIRST AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF FAIRFIELD AND
CITY OF BENICIA FOR COST SHARING OF THE LOPES ROAD
PIPELINE RECONSTRUCTION PROJECT
Staff Report - Approve Amendment to MOU with City of Fairfield RESOLUTION NO. 25- 30 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING A FIRST AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
FAIRFIELD AND CITY OF BENICIA FOR COST SHARING OF THE LOPES
ROAD PIPELINE RECONSTRUCTION PROJECT, AUTHORIZING THE CITY
MANAGER TO SIGN THE MEMORANDUM OF UNDERSTANDING ON
BEHALF OF THE CITY
Council and Staff discussed concern regarding State, Federal, OES, and FEMA reimbursements, timing of reimbursements, whether there is a backup plan if FEMA does not reimburse the City.
Public Comment:
None
1. Resolution - Amendment to MOU - Cost Sharing of Lopes Rd. Pipeline Reconstruction Project
2. Amendment to MOU - Cost Sharing of Lopes Rd. Pipeline Reconstruction Project On motion of Council Member Scott, seconded by Vice Mayor Macenski, Council approved the adoption of Resolution 25-30, as presented, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Largaespada, Vice Mayor Macenski, Council Member Scott, Mayor Young
Noes: (None)
12.F APPROVAL OF AGREEMENT TO VACATE WATERLINE
EASEMENT AT ROBERT SEMPLE ELEMENTARY SCHOOL
Staff Report - Vacate Waterline Easement at Robert Semple School
1. Resolution - Vacate Waterline Easement at Robert Semple
2. Agreement to Vacate Waterline
RESOLUTION NO. 25- 31 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING THE VACATION OF A WATERLINE
EASEMENT AT ROBERT SEMPLE ELEMENTARY SCHOOL AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT TO
VACATE EASEMENT ON BEHALF OF THE CITY
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5 12.G APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA
Council pulled items 12.C and 12.E for discussion.
On motion of Vice Mayor 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 Largaespada, Vice Mayor Macenski, Council Member Scott, Mayor Young
Noes: (None)
13) BUSINESS ITEM
13.A INTRODUCTION AND FIRST READING OF AN ORDINANCE
AMENDING SECTIONS 17.12.030 (DEFINITIONS) AND SECTION
17.70.060 (ACCESSORY DWELLING UNITS); AND ADDING A NEW
SECTION 17.70.470 (HOUSING FOR RELIGIOUS & COMMUNITY
INSTITUTIONAL USES) TO TITLE 17 (ZONING) OF THE BENICIA
MUNICIPAL CODE
Staff Report - Amending Ch. 17.70 - Benicia Zoning Ordinance (Title 17) ORDINANCE NO. 25- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING CHAPTER 17.70 (GENERAL REGULATIONS) OF TITLE 17 (ZONING) OF THE BENICIA MUNICIPAL CODE BY ADDING A NEW SECTION 17.70.470 (HOUSING FOR RELIGIOUS & COMMUNITY INSTITUTIONAL USES) AND AMENDING SECTION 17.70.060 (ACCESSORY DWELLING UNITS) AND AMENDING CHAPTER 17.12 (DEFINITIONS) SECTION 17.12.030
Jason Hade, Planning Manager, reviewed the staff report.
Council and Staff discussed the issue of convalescent hospitals and emergency shelters, height limits, and the need to ensure a church is an established church for a certain period of time.
Public Hearing Opened
Public Comment:
None
Public Hearing Closed
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6 Council and Staff discussed the issue of use requirements, and properties owned by a church (but not operated as a church), and the need for a check-in built into the ordinance.
Council approved the Introduction and First Reading of the above ordinance with the following changes:
1. 'Chapter' becomes 'Section' in F2
2. Following that sentence 17.108.020c the addition of #1 after that (prior to objective ministerial review)
3. Add a 5-year check-in built into the ordinance
1. Draft Ordinance - Amending Ch. 17.70 - Benicia Zoning Ordinance (Title 17)
2. Planning Commission Resolution with Exhibit A - Zoning Text Amendments
3. Draft Planning Commission Meeting Minutes, January 16, 2025 On motion of Vice Mayor Macenski, seconded by Council Member Birdseye, Council approved the Introduction and First Reading of the above ordinance, as amended, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Largaespada, Vice Mayor Macenski, Council Member Scott, Mayor Young
Noes: (None)
13.B TEMPORARY SUSPENSION OF BUSINESS LICENSE TAX
COLLECTION, PAYMENT OF HOME OCCUPATION PERMIT
FEES, AND THE CITYS BUSINESS LICENSE PROCESSING FEE
FOR BUSINESSES WITH $3,000 OR LESS IN ANNUAL GROSS
RECEIPTS
RESOLUTION NO. 25- 32 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING THE TEMPORARY SUSPENSION OF THE COLLECTION OF BUSINESS LICENSE TAXES, THE CITY’S BUSINESS
LICENSE PROCESSING FEE, AND HOME OCCUPATION PERMIT FEES FOR BUSINESSES WITH LESS THAN $10,000 IN ANNUAL GROSS RECEIPTS, AND A NOT-TO-EXCEED AMOUNT OF $75,000 ON AN ANNUAL BASIS IN LOST
REVENUES
Mario Giuliani, City Manager, introduced the item.
Colette Schow, Economic Development Manager, reviewed the staff report and a PowerPoint presentation.
Council and Staff discussed the need to streamline the process, raising the limit to $5,000, thresholds for artists, the public input process for the broader plan, the home occupancy fee permit structure, the range of tax cost per classification is, the fee that goes to HdL, and artists and gallery business licenses.
DRAFT
7 Public Comment:
1. Citizen - the citizen discussed concern regarding the proposed business license tax collection with respect to artists/galleries.
2. Mary Williams - Ms. Williams concern regarding the proposed business license tax collection with respect to artists/galleries.
3. Mary Frances Kelly Poh - Ms. Kelly Poh discussed concern regarding the proposed business license tax collection with respect to artists/galleries.
4. Lisa Reinertson - Ms. Reinertson discussed concern regarding the proposed business license tax collection with respect to artists/galleries.
5. Sandy Kovalcik - Ms. Kovalcik discussed concern regarding her interactions with City staff and HdL regarding business license tax fees.
6. Larnie Fox - Mr. Fox discussed support for suspending the collection and raising the threshold to $5,000.
7. Myra Nissen - Ms. Nissen discussed her business.
8. Betty Lucas - Ms. Lucas discussed concern regarding the proposed fees.
9. Celeste, Director of Arts Benicia - Celeste discussed concern regarding the proposed fees.
10. Rachel Noble - Ms. Noble discussed support for the proposed changes.
Council and Staff discussed concern for the proposed changes with respect to artists/musicians, support for the increased threshold to $5,000, (and eliminating galleries from the process since they are already paying business license taxes), clarification on what the proposed action is tonight, possible permanent suspension of business licenses taxes for sole proprietors with receipts of less than $1,000, and what economic impact that cap would have on the City's budget.
Council approved the resolution, as amended, with cap of $10,000 in annual gross receipts, and a not-to-exceed amount of $75,000 in annual lost revenues.
Staff Report - Temporary Suspension of the Collection of Business License Taxes, Business License Processing Fees, and Home Occupation Permit Fee
1. Resolution - Temporary Suspension - Collection of Business License Taxes, Business License Processing Fees; and Home Occupation Permit Fees
2. Draft Economic Development Board Meeting Minutes, January 22, 2025
3. City Council Meeting Minutes from February 20, 2024
On motion of Council Member Birdseye, seconded by Council Member Scott, Council approved the adoption of Resolution 25-32, as amended, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Largaespada, Vice Mayor Macenski, Council Member Scott, Mayor Young
Noes: (None)
DRAFT
8 13.C FY25-26 CITY COUNCIL ANNUAL GOAL SETTING WORKSHOP Staff Report - Annual Goal Setting Workshop - FY 2025-26 Sarah Shawky, Deputy City Manager, reviewed the staff report and a PowerPoint presentation.
Public Comment:
None
Council and Staff discussed the issue of putting the climate action plan back on as a priority and putting something in the budget for a general plan update.
1. Work Plan - FY 2024-2025 with Status Updates
2. Strategic Plan 2024-2028
14) COUNCIL MEMBER COMMITTEE REPORTS
14.A COUNCIL MEMBER COMMITTEE REPORTS
Council Member Committee Reports
15) PUBLIC COMMENT FOR CLOSED SESSION
None
16) ADJOURN TO CLOSED SESSION
Mayor Young adjourned the meeting to Closed Session at 8:26
16.A CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One potential case) Valero Comments on Third Revised Draft Benicia ISO
17) RECONVENE OPEN SESSION
Mayor Young reconvened the Open Session at 8:57 p.m.
18) ANNOUNCEMENTS FROM CLOSED SESSION, IF ANY
Ben Stock, City Attorney, stated that no reportable action was taken during Closed Session.
DRAFT
9 19) ADJOURNMENT (9:30 P.M.)
Mayor Young adjourned the meeting at 8:57 p.m.
City Clerk