1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
MARCH 4, 2025
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.
1) CALL TO ORDER (6:00 P.M.)
Mayor Young called the meeting to order at 6:00 p.m.
2) CONVENE OPEN SESSION
3) ROLL CALL
All Council Members were present.
4) PLEDGE OF ALLEGIANCE
5) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
6) ANNOUNCEMENTS
6.A MAYOR'S OFFICE HOURS
7) PROCLAMATIONS
7.A PROCLAMATION - WOMEN'S HISTORY MONTH - MARCH 2025
Proclamation - Women's History Month
8) APPOINTMENTS
9) PRESENTATIONS
10) ADOPTION OF 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)
2 11) OPPORTUNITY FOR PUBLIC COMMENTS
12) WRITTEN COMMENT
13) PUBLIC COMMENT
1. Joanna Tuledano - Ms. Tuledano discussed the Civic Seal of Engagement project she is working on.
14) CONSENT CALENDAR
14.A MINUTES FROM THE FEBRUARY 21, 2025 SPECIAL GOAL
SETTING WORKSHOP MEETING
February 21, 2025 - City Council Goal Setting Workshop Minutes
14.B FY 2024/25 SECOND QUARTER INVESTMENT REPORT
Staff Report - FY 2024-25 Second Quarter Investment Report
1. FY 2024-25 Second Quarter Investment Report
2. LAIF Statement Ending December 31
3. CAMP Statement Ending December 31
4. 115 Trust Statement Ending December 31
14.C SECOND READING AND ADOPTION 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)
1. Draft Ordinance - Amending Ch. 17.70 - Benicia Zoning Ordinance (Title 17) - Zoning Text Amendments
ORDINANCE NO. 25 - 3 - 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
3 14.D APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA
On motion of Vice Mayor Macenski, seconded by Council Member Birdseye, Council approved the adoption of the Consent Calendar, 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)
15) BUSINESS ITEMS
15.A INTRODUCTION AND FIRST READING OF PROPOSED
AMENDMENTS TO THE BENICIA MUNICIPAL CODE, ADDING
CHAPTER 8.55 (INDUSTRIAL HEALTH AND SAFETY) TO TITLE 8
(HEALTH AND SAFETY), AMENDING CHAPTER 2.60 (ADVISORY
BODIES) AND ADDING CHAPTER 2.112 (INDUSTRIAL SAFETY
CITIZEN OVERSIGHT COMMISSION) TO TITLE 2
(ADMINISTRATION AND PERSONNEL), AND ADOPTION OF A
RESOLUTION ESTABLISHING THE INDUSTRIAL INCIDENT
NOTIFICATION POLICY
Staff Report - Industrial Health and Safety Ordinance First Reading ORDINANCE NO. 25- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA ADDING A NEW CHAPTER 8.55 (INDUSTRIAL HEALTH AND SAFETY) TO TITLE 8 (HEALTH AND SAFETY) OF THE BENICIA
MUNICIPAL CODE
ORDINANCE NO. 25- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA ADDING A NEW CHAPTER 2.112 (INDUSTRIAL SAFETY CITIZEN OVERSIGHT COMMISSION) TO TITLE 2 (ADMINISTRATION AND
PERSONNEL) OF THE BENICIA MUNICIPAL CODE
ORDINANCE NO. 25- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING SECTION 2.60.150 (APPLICATION) OF CHAPTER 2.60 (ADVISORY BODIES) OF TITLE 2 (ADMINISTRATION AND
PERSONNEL) OF THE BENICIA MUNICIPAL CODE BY ADDING A NEW SUBSECTION (R) RESOLUTION NO. 25- 33 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BENICIA ADOPTING THE INDUSTRIAL
INCIDENT NOTIFICATION POLICY
RESOLUTION NO. 25- 33 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ADOPTING THE INDUSTRIAL INCIDENT
NOTIFICATION POLICY
4 Josh Chadwick, Fire Chief, reviewed the staff report.
Council and Staff discussed high hazard designation businesses, fee collection process, what would trigger a city-led independent investigation, what type of incidents the ordinance would apply to, the difference between the current cooperation agreement and the proposed ISO, cooperation between city staff and any of the entities the ISO would apply to, Council's proposed changes when the ISO was presented in previous versions, regulatory authority, and Contra Costa County's ISO.
Public Comment:
1. Damon Wright - Superintendent Wright expressed appreciation for Valero's contributions to BUSD.
2. Leslie Beatson - Assistant Superintendent Beatson discussed the programs that Valero helps fund for BUSD.
3. Jean Stangle - Mr. Stangle discussed concern regarding the relationship between the City and Valero. He spoke in opposition to the proposed ordinance.
4. Bob Brown - Mr. Brown discussed concern regarding the current adversarial relationship between the City of Benicia and Valero.
5. Eric Hoglund - Mr. Hoglund spoke in opposition to the proposed ordinance.
6. Sharon Petrellese - Mrs. Petrellese spoke in opposition to the proposed ordinance.
7. Lori Grundman - Ms. Grundman spoke in favor of the proposed ordinance.
8. Oren Rae - Mr. Rae discussed the many ways Valero helps the Benicia Veterans Hall and other veteran activities/programs.
9. Julian Christy - Mr. Christy spoke in support of the proposed ordinance.
10. Charlotte Christy - Miss Christy spoke in support of the proposed ordinance.
11. Sandy Person - Ms. Person discussed Valero’s tremendous support of Travis Air Force Base.
12. Aureliano Ochoa - Mr. Ochoa spoke in opposition to the proposed ordinance.
13. Steve McClure - Mr. McClure discussed the Valero CAP and the cooperation agreement. He spoke in opposition to the proposed ordinance.
14. Marty Jones - Mr. Jones spoke in opposition to the proposed ordinance. He spoke in support of a cooperation agreement.
15. Mark Hughes - Mr. Hughes spoke in opposition to the proposed agreement. He spoke in support of a cooperation agreement.
16. Pat Toth Smith - Ms. Toth Smith spoke in support of the proposed ordinance.
17. Lauren Bird (representing a group of 5) - Mr. Bird spoke in opposition to the proposed ordinance, the benefits of a cooperation agreement.
18. Jim Petrellese - Mr. Petrellese spoke in opposition to the proposed ordinance.
19. Kristine Passalaqua - Ms. Passalaqua spoke in opposition to the proposed ordinance.
20. Rob Yarbourough - Mr. Yarbourough spoke in opposition to the proposed ordinance.
21. Terry Mollica (representing a group of 5) - Mr. Mollica spoke in support of the proposed ordinance.
22. Randy Young - Mr. Young read a letter submitted to Council requesting a fee assessment prior to the second reading of the proposed ordinance.
5 23. Fred Lehman - Mr. Lehman spoke in opposition to the proposed ordinance.
24. David Passalaqua - Mr. Pasalaqua spoke in opposition to the proposed ordinance.
25. Rod Sherry - Mr. Sherry spoke in opposition to the proposed ordinance.
26. Joe Bateman - Mr. Bateman spoke in opposition to the proposed ordinance.
27. Robert Wright, BPOA - Mr. Wright thanked Valero for the efforts and positive impact on the City of Benicia.
28. Danny Bernardini - Mr. Bernardini spoke in opposition to the proposed ordinance.
29. Bill Pugh - Mr. Pugh discussed concerns about his company being on the group H list.
30. Dennis Lowry - Mr. Lowry discussed the need to come to a mutual agreement so it is a win-win for everyone.
31. Ronan Lentz - Ms. Lentz discussed Valero's contributions to the community.
32. Cara Bateman - Ms. Bateman discussed the Valero CAP and clarified some statements that were made recently.
33. Shoshana Deutscher-Nurik - Ms. Deutscher-Nurik spoke in support of the proposed ordinance.
34. Rick Slizeskyi - Mr. Slizeski spoke in support of the proposed ordinance.
35. Ben Eichenberg - Mr. Eichenberg spoke in support of the proposed ordinance.
36. Kathy Kerridge - Ms. Kerridge spoke in support of the proposed ordinance.
37. Marilyn Bardet - Ms. Bardet spoke in support of the proposed ordinance.
38. Kerry Rehac - Ms. Rehac spoke in support of the proposed ordinance.
39. Citizen - the citizen spoke in support of the proposed ordinance.
40. Citizen - the citizen spoke in support of the proposed ordinance.
41. Allyson Fleck - Ms. Fleck spoke in support of the proposed ordinance.
42. Tony Bernasconi - Mr. Bernasconi spoke in support of the proposed ordinance.
43. Citizen - the citizen discussed the need for an adversarial relationship between the City and Valero.
44. Christina Gilpin-Hayes - Ms. Gilpin-Hayes discussed support for the proposed ordinance.
45. Citizen - the citizen discussed the need for face-to-face discussions to find middle ground.
46. David Lindsay - Mr. Lindsay spoke in support of the proposed ordinance.
47. Citizen - the citizen spoke in support of the proposed ordinance.
48. Stephen Golub (via email to Council Member Birdseye) - Council Member Birdseye read an email from Mr. Golub in support of the proposed ordinance.
Council discussed the proposed ordinance. Council requested a fee study be done and the draft be available prior to the second reading of the ordinance, amendments to chapter
8.55 making the implementation 120 days rather than 90 days (with the exception of the requirement to report incidents) and requiring a 4/5 vote to modify the ordinance.
Ben Stock, City Attorney, clarified the amendment language as follows:
To amend, currently drafted in the staff report, add under section 3 of Chapter 8.55, the effective date, that the ordinance shall be in full force and effect 120 days after its adoption, and shall be published as required by law, except for the Incident Notification
6 requirement, Section 8.55.110, which shall become effective for all high hazard facilities in the City, immediately upon final adoption of the ordinance.
Add a new Section 8.55.300 that would state 'Any revisions to this chapter shall require a 4/5 majority of the City Council.
1. Draft Ordinance - Adding Ch. 8.55 - Industrial Health and Safety (Title 8)
2. Draft Ordinance - Adding Ch. 2.112- Industrial Safety Citizen Oversight Commission (Title 2)
3. Draft Ordinance - Amending Ch. 2.60 - Advisory Bodies, Section 150 (Title 2)
4. Resolution - Establishing the Industrial Incident Notification Policy
5. February 4, 2025, Staff Report - Discussion and review of ISO
6. Draft Minutes of the February 4, 2025, Benicia City Council Meeting Item 15A On motion of Council Member Birdseye, seconded by Council Member Scott, Council approved, approved the Introduction and First Reading of the above three ordinances, as amended, and the adoption of Resolution 25-33 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)
On motion of Vice Mayor Macenski, seconded by Council Member Birdseye, Council approved, at 10:05 p.m., to continue the meeting past 10:00 p.m., 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)
15.B FY 2024/25 MIDYEAR BUDGET REPORT
RESOLUTION NO. 25- 34 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING THE NECESSARY BUDGET AMENDMENTS TO THE FY 2024/25 BUDGET
Jeff Tschudi, Finance Director, and Roxanna Moradi, Finance Manager, reviewed the staff report and a PowerPoint presentation.
Public Comment:
None
Staff Report - FY25 Midyear Report
1. Resolution - FY 2024-25 Midyear Budget Amendments
2. FY2024-25 Carryover Budget Amendments
7 On motion of Vice Mayor Macenski, seconded by Council Member Birdseye, Council approved, the adoption of Resolution 25-34, 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)
16) ADJOURNMENT (9:00 P.M.)
Mayor Young adjourned the meeting at 10:28 p.m.
City Clerk