1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
MAY 23, 2023
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.
ACCESSING THE MEETING
1) CALL SPECIAL MEETING TO ORDER
Mayor Young called the Special Meeting to order at 5:00 p.m. 2) CONVENE OPEN SESSION
3) ROLL CALL
All Council Members were present.
4) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
5) PUBLIC COMMENT FOR CLOSED SESSION
6) ADJOURN TO CLOSED SESSION (5:00 P.M.)
6.A - CONFERENCE WITH LABOR NEGOTIATORS Pursuant to
Government Code Section 54957.6
Agency designated representatives: City Manager, Human Resources Manager.
Employee Organization: Benicia Police Officers Association, Benicia Public Service Employees Association, Benicia Fire Fighters Association, Benicia Dispatchers Association, Benicia Supervisor and Professional Association, Middle Management Employees, Police Management Employees, Senior Management Employees, and Unrepresented Employees.
Mayor Young adjourned the meeting to Closed Session at 5:01 p.m. 7) RECONVENE OPEN SESSION
Mayor Young reconvened the Open Session at 6:08 p.m.
8) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
2 Ben Stock, City Attorney, stated that Council met in Closed Session on one item and did not take any reportable action.
9) ADJOURNMENT OF SPECIAL MEETING AND CALL REGULAR MEETING TO ORDER (6:00 P.M.)
Mayor Young adjourned the Special Meeting and called the Regular Meeting to order at 6:08 p.m.
10) ROLL CALL
All Council Members were present.
11) PLEDGE OF ALLEGIANCE
12) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
13) ANNOUNCEMENTS
13.A - MAYOR'S OFFICE HOURS
13.B - OPENINGS ON BOARDS AND COMMISSIONS
Current and Upcoming Openings - Boards and Commissions
14) PROCLAMATIONS
15) APPOINTMENTS
16) PRESENTATIONS
16.A - ARTS AND CULTURE COMMISSION (Library and Cultural Services)
17) ADOPTION OF THE AGENDA
Mario Giuliani, Interim City Manager, stated that there were no changes to the agenda, however when Council adopts the Consent Calendar, they would like to pull items 21.A for clarification and 21.B to allow public comment.
On motion of Council Member 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 Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
3 18) OPPORTUNITY FOR PUBLIC COMMENTS
19) WRITTEN COMMENT
20) PUBLIC COMMENT
Rick Joy - Mr. Joy discussed concern regarding increasing the HPRC review fees.
Ann Berlin, Benicia Literary Arts - Ms. Berlin and fellow board members wanted to discuss funding for Benicia Literary Arts.
21) CONSENT CALENDAR
21.A - CITY COUNCIL APPOINTMENTS; SUBCOMMITTEES
PREFERENCES FOR BOARDS AND COMMISSION (City Manager's
Office)
Lyle, William S., Redacted
Cormier-Knopp, Joseph, Redacted
Horton, Cory, Redacted
Kahn, Steven, Redacted
Kerridge, Kathy, Redacted
Zywiec, William, Redacted
Mario Giuliani, Interim City Manager, discussed the placement of this item on the agenda
Public Comment:
None
21.B - RESOLUTION SUPPORTING CITIZEN PETITION TO THE
CALIFORNIA FISH AND GAME COMMISSION TO PROHIBIT
DUCK HUNTING ADJACENT TO RESIDENTIAL
NEIGHBORHOODS IN BENICIA (Interim City Manager)
Staff Report - Duck Hunting
1. Resolution California Fish and Game Petition Support
2. California Fish and Game Commission - Petition Number 2022-01 RESOLUTION NO. 23- 50 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA SUPPORTING A CALIFORNIA FISH AND GAME
PETITION FOR REGULATION CHANGE No. 2022-01 REQUESTING A
HEARING ON THIS MATTER BY THE CALIFORNIA FISH AND GAME
COMMISSION TO PROHIBIT DUCK HUNTING OFF THE WATERS OF
BENICIA
Mayor Young clarified the purpose of the agenda item. It is not to approve a ban on duck hunting.
4 Mario Giuliani, Interim City Manager, gave a brief overview of the agenda item.
Council Member Birdseye disclosed exparte communications.
Public Comment:
1. Cathy Bennett - Ms. Bennett discussed her petition (copy on file).
2. Jean Walker - Ms. Walker spoke in support of the proposed resolution.
3. Pat Toth-Smith - Ms. Toth-Smith spoke in support of the proposed resolution.
4. Bill Warren - Mr. Warren spoke in opposition of the proposed resolution.
5. Marilyn Bardet - Ms. Bardet spoke in support of the proposed resolution.
6. Lisa Reinertson - Ms. Reinertson spoke in support of the proposed resolution.
7. Thomas Straton - Mr. Straton spoke in support of the proposed resolution.
8. Monica Brown - Supervisor Brown spoke in support of the proposed resolution.
9. Sandra Choppa - Ms. Choppa spoke in support of the proposed resolution.
10. Constance Beutel - Ms. Beutel spoke in support of the proposed resolution.
11. Michael Hayes - Mr. Hayes spoke in support of the proposed resolution.
12. Judith Sullivan - Ms. Sullivan spoke in support of the proposed resolution.
13. Cathy Bennett - Ms. Bennett clarified that her petition did not reference 'state waters'.
14. Stephen Golub - Mr. Golub spoke in support of the proposed resolution.
15. Citizen - the citizen spoke in support of the proposed resolution.
16. Lori Grundman - Ms. Grundman spoke in support of the proposed resolution.
17. Nancy Lund - Ms. Lund spoke in support of the proposed resolution.
Council and Staff discussed the issue and approved the resolution with an amendment replacing the third whereas form the bottom with the following language 'whereas, the Petition requests the FGC approve a “rule making change” that will prohibit duck hunting in State waters west of the Benicia Bridge adjacent residential homes and parks, specifically the coastal waters and wetlands adjacent Benicia State Park and Southampton Bay; and'.
21.C - REQUEST TO FLY THE JUNETEENTH LIBERATION FLAG
(Interim City Manager)
Staff Report - Request to Fly Juneteenth Liberation Flag
1. Outdoor Flag Display Policy
21.D - REQUEST TO FLY THE RAINBOW FLAG IN RECOGNITION OF LGBTQ+ PRIDE MONTH (Interim City Manager)
Staff Report - Request to Fly Rainbow Pride Flag
1. Outdoor Flag Display Policy
21.E - AWARD OF CONSTRUCTION CONTRACT, APPROVAL OF
CATEGORICAL EXEMPTION, AND BUDGET AMENDMENT FOR
HSIPL-5003(033) PEDESTRIAN IMPROVEMENT CROSSING
5 PROJECT LOCATED AT MILITARY WEST AND WEST 5TH
STREET AND HASTINGS DRIVE AND LONDON DRIVE (Public
Works Director)
Staff Report - Award of Construction Contract for Pedestrian Crossing Improvement Project
1. Resolution - Award of Construction Contract for Pedestrian Crossing Improvement Project
2. W. Bradley Electric, LLC Proposal
RESOLUTION NO. 23- 48 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ACCEPTING THE BIDS, APPROVAL OF CATEGORICAL EXEMPTION, AND BUDGET AMENDMENT FOR THE HSIPL-5003(033)
PEDESTRIAN CROSSING IMPROVEMENT PROJECT LOCATED AT
MILITARY WEST AND WEST 5TH STREET AND HASTINGS DRIVE AND LONDON DRIVE, AWARDING THE CONSTRUCTION CONTRACT TO W.
BRADLEY ELECTRIC, LLC, AUTHORIZING STAFF TO FILE THE NOTICE OF EXEMPTION AT THE SOLANO COUNTY ASSESSOR/RECORDER’S
OFFICE AND AUTHORIZING THE CITY MANAGER TO SIGN THE
CONSTRUCTION CONTRACT ON BEHALF OF THE CITY
21.F - RATIFYING THE INTERIM CITY MANAGER’S DECLARATION
OF A CONTRACTING EMERGENCY AND APPROVING PAYMENT
FOR EMERGENCY RAW WATER TRANSMISSION LINE
INCIDENT (Public Works Department)
Staff Report - Emergency Declaration RWTL Incident
1. Resolution Ratification of Proclamation of Existence of a Local Emergency RESOLUTION NO. 23- 49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA RATIFYING THE INTERIM CITY MANAGER’S
DECLARATION OF A CONTRACTING EMERGENCY AND APPROVING
PAYMENTS FOR THE EMERGENCY RAW WATER TRANSMISSION LINE
INCIDENT
21.G - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
Items 21.A and 21.B were pulled for discussion.
On motion of Council Member 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 Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
6 Noes: (None)
22) BUSINESS ITEMS
22.A - GOAL SETTING (Deputy City Manager)
Staff Report - Goal Setting
Sarah Shawky, Deputy City Manager, reviewed the staff report and a PowerPoint presentation.
Council and Staff discussed the roadway impact fee, addressing the port tax issue, port lease, the cost associated with becoming a charter city, various taxes on upcoming elections, and the BAAQMD fines.
Public Comment:
1. Yann Jouvenot - Mr. Jouvenot requested Council address the needs of the local soccer community and the need for a dedicated soccer field.
2. Jaime - Jaime requested Council address the needs of the local soccer community and the need for a dedicated soccer field.
Council and Staff discussed trying to get more use out of the BHS soccer/football field and other fields, and possibly forming a council subcommittee to look into the issue. Staff encouraged Council to add this item to the Council workplan.
Mayor Young and Mr. Giuliani will talk to BUSD regarding an ad hoc subcommittee to discuss field usage.
1. Proposed Goal Setting Project List for FY 23-24 Work Plan 23) ADJOURNMENT OF REGULAR MEETING (8:00 P.M.)
Mayor Young adjourned the meeting at 9:01 p.m.
City Clerk