At its regular meeting Tuesday, the Benicia City Council heard arguments regarding a new marijuana ordinance in light of the passage of California Proposition 64, and the purchase of an $850,000 contract with the East Bay Regional Communications System Authority (EBRCSA, or “E-Bricksa”) for a new police and fire radio communication system, among other items.
City Attorney Heather McLaughlin began the meeting by announcing that Valero Benicia Refinery had decided against filing a lawsuit against the city over the crude-by-rail permit denial, in the interest of positive refinery-city relations.
The majority of the meeting consisted of hearing arguments on the two above-cited items.

The EBRCSA option
Benicia Police Chief Erik Upson presented a staff report on the opportunity for Benicia police and fire departments to join the EBRCSA system. The report outlines deficiencies in the departments’ current equipment and weighs the EBRCSA option against the alternatives.
Perhaps the strongest portion of the report presented Tuesday was an actual sampling of recorded communications using the city’s current radio system, compared with examples using new EBRCSA-compatible radios on loan to the Benicia Police Department from EBRCSA Director Tom McCarthy, including a live test using the loaned radios for communication between Chief Upson and officers as far away as Fairfield and Walnut Creek. The difference in fidelity and reliability could be described as profound.
The alternatives presented included staying with the current, outdated and unreliable system, or purchasing a new radio system for both agencies at a cost of approximately $10 to $15 million.

What is EBRCSA?
EBRCSA is a Joint Powers Authority (JPA) created in 2007. A JPA is defined as an independent governmental agency in the state of California, according to the EBRCSA website at ebrcsa.org. EBRCSA was established to provide Alameda and Contra Costa counties with improved communication services and has been developed using funds from Homeland Security grants from the Bay Area Security Initiative (UASI), State Homeland Security (SHSGP) grant programs, and the U.S. Department of Justice Community-Oriented Policing Services (COPS) grant funds.
The agency currently has 43 members, consisting of Alameda and Contra Costa counties, 30 cities, six special districts, three colleges, the Dublin-San Ramon Services District, and the California Department of Transportation, serving a population of over 2.5 million people.

The proposal
The police and fire departments requested that the city council adopt a resolution authorizing them to enter into negotiations with the EBRCSA to join their system and purchase equipment, and to earmark surplus Fiscal Year 2016-2017 Measure C funds to cover the expense. The staff report states a projected income of $4.4 million for the 2016-2017 Measure C cycle, which exceeds its original estimation of $3.7 million by $700,000, the difference, or surplus of which staff has not yet appropriated for spending. Staff estimates that following the end of the current, third quarter revenue calculations, the total projected Measure C income for 2016/2017 will be even higher than $4.4 million, perhaps equating to a surplus sufficient to cover the entire cost of the proposal.
The report also notes that the majority of the cost to join EBRCSA is for the purchase of approximately 120 radios for officers and vehicles, which are valued at $80,000 each, with $24,00 being the cost just to join the system. The total cost would be reduced if the police department’s current grant application is approved for the purchase of 10 radios. Joining EBRCSA would also mean an a continuing annual payment of $60,000 including equipment maintenance and repair, which would be an increase of $40,000 from what the two departments currently spend for maintenance and repair with another outside contractor, according to Chief Upson.
Since Solano County recently purchased a new core computer system that is compatible with EBRCSA equipment, any city with compatible equipment can now communicate with any other agency in the current EBRCSA system through the Solano County computer system. Solano County is not a part of the EBRCSA.
The item was approved by unanimous vote.

Prop 64 and Benicia
City Attorney McLaughlin explained the reasoning behind the staff request for a new ordinance to regulate the medical and non-medical use, delivery, distribution, transportation, manufacturing, retail operations, outdoor cultivation and testing facilities for marijuana, in light of the recent passage of California Proposition 64, which allows for the recreational use of marijuana by adults.
McLaughlin pointed out that the city currently has regulations prohibiting medical marijuana dispensaries and deliveries and limiting cultivation. With the new state-allowed use for adults, she suggests, Benicia now needs to consider whether we want to ban everything, or create guidelines similar to those in place specifically for medical use, or to allow absolutely everything, or anything in between.
McLaughlin recommended adoption of a 45-day moratorium, in order to give the council opportunity to consider what regulations would be appropriate for the community. If the city were to first begin allowing uses, she suggested, it would then be difficult and expensive to reverse those actions, whereas if we were to adopt a moratorium first, then it would be more productive to begin making specific allowances from there.
The proposed ban, McLaughlin added, is based on information provided by Solano County. Staff could investigate other options at the direction of the council, she stated.
The council heard arguments regarding where marijuana should be allowed, for example away from places where children congregate, and regulating outdoor cultivation to discourage access to plants by children, among other concerns. It was generally agreed that the language in Prop 64 failed to address specific uses or regulations, making it necessary for cities to make further definitions.
Councilmember Alan Schwartzman stated that he would like staff to come back to the council after the 45 days with a date-certain for implementation, since he felt it was likely that residents would be eager for them to decide on which regulations were going to be enacted.
More information
A video transcript of the meeting is available at the city’s website at ci.benicia.ca.us, or by request from the city at 250 East L St. or by calling the city at 746-4210. A written transcript of any city council meeting is generally available about two weeks following the date of the meeting.

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