1 BENICIA CITY COUNCIL
CITY COUNCIL MEETING AGENDA
Benicia City Hall, 250 East L Street, Council Chamber
Benicia, CA 94510
February 28, 2023
6:00 PM
Accessing The Meeting
How to Participate in the Meeting:
1) Attend in person at Council Chambers
2) Cable T.V. Broadcast - Check with your cable provider for your local government broadcast channel.
3) Livestream online at www.ci.benicia.ca.us/agendas.
4) Zoom Meeting (link below)
The public may view and participate (via computer or phone) link:
https://us02web.zoom.us/j/88508047557?pwd=cHRsZlBrYlphU3pkODcycytmcFR2UT09 • If prompted for a password, enter 449303.
• Use participant option to “raise hand” during the public comment period for the item you wish to speak on. Please note, your electronic device must have microphone capability. Once unmuted, you will have up to 5 minutes to speak.
Dial in with phone:
Before the start of the item you wish to comment on, call any of the numbers below. If one is busy, try the next one.
1 669 900 9128
1 346 248 7799
1 253 215 8782
1 646 558 8656
1 301 715 8592
1 312 626 6799
• Enter the meeting ID number: 885 0804 7557 *please note this is an updated ID number*. 2 • Enter password: 449303
• When prompted for a Participant ID, press #.
• Press *9 on your phone to “raise your hand” when the Mayor calls for public comment during the item you wish to speak on. Once unmuted, you will have up to 5 minutes to speak.
Any member of the public who needs accommodations should email City Clerk Lisa Wolfe at [email protected], who will use her best efforts to provide as much accessibility as possible while also maintaining public safety.
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. Proclamations
6.A - PROCLAMATION - CITY MANAGER, ERIK UPSON - RETIREMENT Proclamation - City Manager, Erik Upson - Retirement
6.B PROCLAMATION - RECOGNIZING THE COMMUNITY DEVELOPMENT
DEPARTMENT
Proclamation - Community Development
7. Adoption Of Agenda
8. 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 provide public comment via Zoom, or to the City Clerk by email at [email protected]. Any comment submitted 3 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.
- Comments received after 2:00 pm, but before the start time of the meeting will be electronically forwarded to the City Council, but will not be posted on the City’s website.
9. Written Comment
10. Public Comment
11. 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.
12. Business Items
12.A - APPROVAL OF AGREEMENT WITH MARIO GIULIANI AS INTERIM CITY MANAGER (City Attorney)
Effective February 28, 2023, the current City Manager, Erik Upson, will be retiring. At its February 13, 2023, Council meeting, the City Council appointed Mario Giuliani as the Interim City Manager effective March 1, 2023, contingent on approving an interim employment agreement.
Recommendation:
Move to adopt a resolution (Attachment 1) approving the proposed Interim City Manager Agreement with Mario Giuliani (Attachment 2) in accordance with state law (AB 1344, and AB23), and in accordance with the requirement of California Code of Regulations, Title 2, Section 570 and 571, with an effective date of March 1, 2023, and a monthly salary of $17,812.25, and authorizing the Mayor to execute the Agreement on behalf of the City Council.
Staff Report - Interim City Manager
1. Resolution – Interim City Manager Agreement
2. Interim City Manager Agreement
4 12.B - POSITION ALLOCATION CHANGE - ASSISTANT CITY MANAGER (City Manager)
With the retirement of City Manager Erik Upson, it is important that the City solidify the executive leadership model within the City. As such, creating a leadership model that will allow the City Manager’s Office to ensure the proper span of control, leadership, and strategic and operating direction is important to the future of the City. Historically, the City has had, and filled, the Assistant City Manager role, which the City Manager’s Office believes is a critical role that should be filled moving forward. Accordingly, staff is requesting the position of Assistant City Manager be funded and the salary range adjusted.
Recommendation:
Move to adopt a resolution (Attachment 1), approving position allocation changes, and accompanying salary ranges for one full time (1 FTE) position of Assistant City Manager.
Staff Report - Position Allocation Change - Assistant City Manager
1. Resolution – Assistant City Manager Position Allocation Change
12.C - QUARTERLY POLICY ISSUE REQUESTS FROM COUNCIL
The City Council discusses various non-urgent “Two-Step” requests made by individual members of the City Council on a quarterly basis, as described in the City Council Rules of Procedure (Attachment 1).
Two Quarterly Policy Issue (Two-Step) Requests were submitted for Council’s consideration.
1. Council Member Campbell - consider a public art project celebrating LGBTQ diversity (Attachment 2).
2. Council Member Campbell – Solar Farm Landscaping (Attachment 3).
Recommendation:
Discuss the Two-Step Requests and provide direction to staff on whether or not to schedule these topics for future Council discussion.
Staff Report - Quarterly Policy Issue Requests from Council
1. City Council Rules of Procedure
2. Two-Step Request - LGBTQ Diversity Public Art Project - Council Member Campbell
3. Two-Step Request - Solar Farm Landscaping - Council Member Campbell
13. Adjourn To Closed Session
13.A A - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Benicia Harbor Corporation v. City of Benicia, Arbitration Case No. 1130009780)
5 14. Announcement From Closed Session, If Any
15. Adjournment (8:30 P.M.)
6 Public Participation
The Benicia City Council and its Boards and Commissions welcome public participation.
Pursuant to the Brown Act, each public agency must provide the public with an opportunity to speak on any matter within the subject matter jurisdiction of the agency and which is not on the agency's agenda for that meeting. The City Council allows speakers to speak on non-agendized matters under public comment, and on agendized items at the time the agenda item is addressed at the meeting. Comments are limited to no more than five minutes per speaker. By law, no action may be taken on any item raised during the public comment period although informational answers to questions may be given and matters may be referred to staff for placement on a future agenda of the City Council.
Should you have material you wish to enter into the record, please submit it to the City Manager.
Disabled Access or Special Needs
In compliance with the Americans with Disabilities Act (ADA) and to accommodate any special needs, if you need special assistance to participate in this meeting, please contact Kim Imboden, the ADA Coordinator, at (707) 746-4200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting.
Meeting Procedures
All items listed on this agenda are for Council discussion and/or action. In accordance with the Brown Act, each item is listed and includes, where appropriate, further description of the item and/or a recommended action. The posting of a recommended action does not limit, or necessarily indicate, what action may be taken by the City Council.
Pursuant to Government Code Section 65009, if you challenge a decision of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. You may also be limited by the ninety (90) day statute of limitations in which to challenge in court certain administrative decisions and orders (Code of Civil Procedure 1094.6) to file and serve a petition for administrative writ of mandate challenging any final City decisions regarding planning or zoning.
The decision of the City Council is final as of the date of its decision unless judicial review is initiated pursuant to California Code of Civil Procedures Section 1094.5. Any such petition for judicial review is subject to the provisions of California Code of Civil Procedure Section 1094.6.
Public Records
The agenda packet for this meeting is available at the City Manager's Office and the Benicia Public Library during regular working hours. To the extent feasible, the packet is also available on the City's web page at www.ci.benicia.ca.us under the heading "Agendas and Minutes." Public records related to an open session agenda item that are distributed after the agenda packet is prepared are available before the meeting at the 7 City Manager's Office located at 250 East L Street, Benicia, or at the meeting held in the Council Chambers.
If you wish to submit written information on an agenda item, please submit to the City Clerk as soon as possible so that it may be distributed to the City Council. A complete proceeding of each meeting is also recorded and available through the City Clerk’s Office.
Contact Your Council Members
If you would like to contact the Mayor or a Council Member, please call the number listed below to leave a voicemail message.
Mayor Young: 707-746-4213
Vice Mayor Scott: 707-746-4213
Council Member Birdseye: 707-746-4213
Council Member Campbell: 707-746-4213
Council Member Macenski: 707-746-4213