City Council

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

BENICIA CITY COUNCIL CITY COUNCIL MEETING AGENDA March 4, 2025 6:00 PM Benicia City Hall, Council Chambers 250 East L Street, Benicia, CA 94510 1. CALL TO ORDER (6:00 P.M.) 2. CONVENE OPEN SESSION 3. ROLL CALL 4. PLEDGE OF ALLEGIANCE 5. REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC The fundamental rights of each member of the public can be found in the municipal code posted on the City's website and on a plaque that is posted at the entrance to this meeting per section 4.04.030 of the City of Benicia's Open Government Ordinance. 6. ANNOUNCEMENTS 6.A MAYOR'S OFFICE HOURS RECOMMENDED ACTION: 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. 7. PROCLAMATIONS 7.A PROCLAMATION - WOMEN'S HISTORY MONTH - MARCH 2025 8. APPOINTMENTS 9. PRESENTATIONS 10. ADOPTION OF AGENDA 11. OPPORTUNITY FOR PUBLIC COMMENTS How to Submit Public Comments for this City Council meeting: Besides appearing in person and offering public comments, members of the public may COURTESY ZOOM PARTICIPATION https://us02web.zoom.us/j/88508047557?pwd=cHRsZlBrYlphU3pkODcycytmcFR2UT09 Phone: 1 669 900 9128 Meeting ID: 885 0804 7557 Password: 449303 Proclamation - Women's History Month 1

provide public comment via Zoom, or to the City Clerk by email at lwolfe@ci.benicia.ca.us. Any comment submitted to the City Clerk should indicate to which item of the agenda the comment relates. Specific information follows: Comments received by 2:00 pm on the day of the meeting will be electronically forwarded to the City Council and posted on the City's website. 12. WRITTEN COMMENT 13. PUBLIC COMMENT 14. CONSENT CALENDAR Items listed on the Consent Calendar are considered routine and will be enacted, approved or adopted by one motion unless a request for removal or explanation is received from a Council Member, Staff or member of the public. Items removed from the Consent Calendar shall be considered immediately following the adoption of the Consent Calendar. 14.A MINUTES FROM THE FEBRUARY 21, 2025 SPECIAL GOAL SETTING WORKSHOP MEETING 14.B FY 2024/25 SECOND QUARTER INVESTMENT REPORT RECOMMENDED ACTION: Move to accept, by minute action, the Second Quarter Investment Report for the quarter that ended December 31, 2024 (Attachment 1). 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 RECOMMENDED ACTION: Adopt an Ordinance of the City Council of the City of Benicia (Attachment 1) amending existing Section of Title 17 (Zoning) of the Benicia Municipal Code (BMC). 14.D APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA 15. BUSINESS ITEMS 15.A INTRODUCTION AND FIRST READING OF PROPOSED AMENDMENTS TO February 21, 2025 - City Council Goal Setting Workshop Minutes 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 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 2

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 RECOMMENDED ACTION: Conduct a public hearing, move to waive the first reading, and read by title only, to amend Title 8 - Health and Safety and Title 2 - Administration and Personnel, of the Benicia Municipal Code by adding a new chapter 8.55 - Industrial Health and Safety (Attachment 1) to Title 8, adding Chapter 2.112 - Industrial Safety Citizen Oversight Commission (Attachment 2) and amending Chapter 2.60 Advisory Bodies (Attachment 3), and to Title 2 - Administration and Personnel of the Benicia Municipal Code, and adopt a resolution (Attachment 4), establishing the Industrial Incident Notification Policy. 15.B FY 2024/25 MIDYEAR BUDGET REPORT RECOMMENDED ACTION: Accept, by minute order, the FY 2024/25 Midyear Budget Report and move to adopt a resolution (Attachment 1) approving the budget amendments listed in Exhibit A and accept the report on posted budget amendments based on delegated authority related to Capital Improvement Projects (CIP) (Attachment 2). 16. ADJOURNMENT (9:00 P.M.) Staff Report - Industrial Health and Safety Ordinance First Reading 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 Staff Report - FY25 Midyear Report 1. Resolution - FY 2024-25 Midyear Budget Amendments 2. FY2024-25 Carryover Budget Amendments 3

Public Participation The City of Benicia welcomes your interest and involvement in the City's legislative process. Persons wishing to address the Council, Board, Commission or Committee (CBCC) are asked to voluntarily complete a speaker request form, available at the entrance of Council Chambers, and submit it to the meeting Secretary/City Clerk. Speakers, addressing the CBCC at the time the item is considered, are requested to restrict their comments to the item as it appears on the agenda and stay within the three-minute time limit. The Brown Act does not permit the CBCC to take action on items brought up during the Public Comment period. As a courtesy, and technology permitting, members of the public may participate remotely. Please be advised that those participating in the meeting remotely via Zoom do so at their own risk. Meetings will not be cancelled due to technical difficulties. The meeting can also be observed on Cable T.V. Broadcast - Check with your cable provider for your local government broadcast channel, or livestream online at www.ci.benicia.ca.us/agendas. Americans with Disabilities Acts The City of Benicia is committed to providing meeting facilities that are accessible to persons with disabilities. Meeting materials in alternative formats, a sign language interpreter, real-time captioning, assistive listening devices or other accommodations can be requested by calling (707) 746-4200 or by emailing ADACoordinator@ci.benicia.ca.us, at least four working days prior to a meeting. Assistive listening devices may be obtained at the meeting. Meeting Procedures Pursuant to Government Code Section 65009, if you challenge a decision of the CBCC in court, you may be limited to the issues raised during the meeting or in written correspondence delivered to the CBCC by the meeting. You may also be limited to a ninety (90) day statute of limitations when challenging certain administrative decisions, including any final decisions regarding planning or zoning. The decision of the CBCC is final as of the date of its decision unless judicial review is initiated pursuant to Code of Civil Procedure Section 1094.5. Any such petition for judicial review is subject to the provisions of Code of Civil Procedure Section 1094.6 Public Records and Writings Received After Agenda Posting A printed version of the agenda packet for this meeting is available at the Benicia Public Library during regular working hours. To the extent feasible, the agenda packet and any writing or documents related to an agenda item for this meeting provided to the CBCC, will be made available for public inspection on the City's web page at www.ci.benicia.ca.us under the heading "Agendas and Minutes." A complete recording of each meeting is available online at www.ci.benicia.ca.us/agendas. Contact Your Council Members Voicemail for Mayor and Council Members: (707) 746-4213 Mayor Steve Young: SYoung@ci.benicia.ca.us Vice Mayor Trevor Macenski: TMacenski@ci.benicia.ca.us Council Member Kari Birdseye: KBirdseye@ci.benicia.ca.us Council Member Lionel Largaespada: LLargaespada@ci.benicia.ca.us Council Member Terry Scott: TScott@ci.benicia.ca.us 4