1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
JUNE 6, 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 (5:30 P.M.)
Mayor Young called the Special Meeting to order at 5:30 p.m. 2) CONVENE OPEN SESSION
3) ROLL CALL
All Council Members were present.
Council Member Campbell arrived at 5:32 p.m.
4) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
5) PUBLIC COMMENT FOR CLOSED SESSION
None
6) ADJOURN TO CLOSED SESSION
6.A CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Michael Martuscello v. City of Benicia, Solano County Superior Court Case No. FCS057302)
Mayor Young adjourned the meeting to Closed Session at 5:31 p.m. 7) RECONVENE OPEN SESSION
Mayor Young reconvened the Open Session at 6:00 p.m.
8) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
Ben Stock, City Attorney, stated that Council met in Closed Session on one item and took no reportable actions.
2 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 6:00 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
14.A - PROCLAMATION - JUNETEENTH FREEDOM DAY (City
Manager's Office)
Proclamation - Juneteenth Freedom Day
14.B - PROCLAMATION - BENICIA PUBLIC LIBRARY
PROCLAMATION (City Manager's Office)
Proclamation - Benicia Public Library - 30th Anniversary
14.C - PROCLAMATION - LGBTQ PRIDE MONTH (City Manager's Office) Proclamation - LGBTQ Pride Month
15) APPOINTMENTS
15.A - CITY COUNCIL APPOINTMENTS; SUBCOMMITTEE'S
RECOMMENDATIONS FOR BOARDS AND COMMISSIONS
Guilick, Rebecca, Redacted
Donaghue, Patrick, Redacted
Marshall, Brandon, Redacted
Horton, Gregg, Redacted
3 Rice, Hannah, Redacted
Vaughn, Gayle, Redacted
Boyle, Michael, Redacted
Brooner, Ann, Redacted
Healy, Colin, Redacted
Kane, Ron, Redacted
Denton, Kevin, Redacted
Phillips, Wendi, Redacted
15.B - MAYOR'S APPOINTMENT OF WILLIAM STUART LYLE TO THE
PLANNING COMMISSION FOR A PARTIAL TERM ENDING
JANUARY 31, 2026
1. Resolution - Appointment - William Stuart Lyle - Planning Commission RESOLUTION NO. 23- 51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S APPOINTMENT OF
WILLIAM STUART LYLE TO THE PLANNING COMMISSION FOR A
PARTIAL-TERM ENDING JANUARY 31, 2026
On motion of Mayor Young, Council approved the adoption of Resolution 23-51, 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)
16) PRESENTATIONS
17) ADOPTION OF THE AGENDA
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)
18) OPPORTUNITY FOR PUBLIC COMMENTS
19) WRITTEN COMMENT
20) PUBLIC COMMENT
1. Constance Beutel - Ms. Beutel discussed upcoming poetry events.
4 2. Nells Lander - Mr. Lander discussed the need for area standards in the field of construction in Benicia.
3. John Reese - Mr. Reese discussed the need for area standards in the field of construction in Benicia.
21) CONSENT CALENDAR
21.A - ACCEPTANCE OF PROPOSAL FOR PUBLISHING AND PRINTING
LEGAL NOTICES FROM BENICIA HERALD AND APPROVAL OF
AN AGREEMENT BETWEEN THE CITY AND BENICIA HERALD
FOR FISCAL YEARS 2023/2024 AND 2024/2025 (City Clerk)
Staff Report - Legal Publications Agreement
1. Resolution - Legal Publications Agreement
2. Agreement with Benicia Herald
RESOLUTION NO. 23- 52 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ACCEPTING THE PROPOSAL FOR LEGAL
PUBLICATIONS FROM THE BENICIA HERALD, AWARDING THE
CONTRACT FOR FISCAL YEARS 2023/2024 AND 2024/2025, AND
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE SAID
CONTRACT
21.B - AUTHORIZING INTERIM CITY MANAGER TO SIGN AN
AGREEMENT ON BEHALF OF THE CITY TO ENTER INTO
CONTRACT WITH SOLANO COUNTY SHERIFF’S OFFICE TO
PROVIDE ANIMAL CONTROL SERVICES (Police Chief)
Staff Report - Animal Control Services Agreement Solano County Sheriff
1. Resolution Animal Control Services Agreement Solano County Sheriff
2. Animal Control Services Agreement Solano County Sheriff RESOLUTION NO. 23- 55 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING AN AGREEMENT WITH SOLANO COUNTY SHERIFF’S OFFICE TO PROVIDE ANIMAL CONTROL SERVICES AND
AUTHORIZING INTERIM CITY MANAGER TO SIGN ON BEHALF OF THE CITY
Vice Mayor Scott disclosed exparte communications.
Council and Staff discussed what could happen if Council did not proceed with the proposed agreement, how the City would work with Solano County Sheriff's to respond to animal control calls, animal carcass removal, dangerous animal procedures, feral animals, pet licensing, how to track down an owner of an animal, and support for the proposed resolution.
5 Public Comment:
1. Lori Grundman - Ms. Grundman discussed the public's confusion regarding the City's animal control procedures.
On motion of Council Member Birdseye, seconded by Council Member Macenski, Council approved the adoption of Resolution 23-55, 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)
21.C - APPROVAL OF CHANGE ORDERS AND ADDITIONAL EXPENSES
REQUIRED TO COMPLETE THE PROJECT, AND ACCEPTANCE
OF THE COMPLETION OF THE FITZGERALD FIELD BLEACHER
REPLACEMENT PROJECT (Municipal Project Manager)
Staff Report - Acceptance of Completion of Fitzgerald Field Bleacher Replacement Project
1. Resolution - Acceptance of Fitzgerald Field Bleacher Replacement Project
2. Notice of Completion Fitzgerald Bleachers
3. Resolution 22-68 - J-Walt - Fitzgerald Field Bleacher Replacement Project RESOLUTION NO. 23- 56 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING CHANGE ORDERS AND ADDITIONAL
EXPENSES REQUIRED FOR COSTS ASSOCIATED WITH COMPLETION OF
THE PROJECT, ACCEPTING THE FITZGERALD FIELD BLEACHER
REPLACEMENT PROJECT AS COMPLETE, AUTHORIZING THE INTERIM
CITY MANAGER TO SIGN THE NOTICE OF COMPLETION, AND
AUTHORIZING THE CITY CLERK TO FILE THE NOTICE OF COMPLETION
WITH THE SOLANO COUNTY RECORDER
Council Member Campbell recused himself due to a conflict of interest.
Public Comment:
None
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of Resolution 23-56, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
21.D - APPROVAL OF ADJUSTMENT TO SALARY SCHEDULES (Human Resources Manager)
6 Staff Report - Approval of Salary Schedules
1. Resolution Salary Schedules
RESOLUTION NO. 23- 57 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ADOPTING PUBLICLY AVAILABLE PAY SCHEDULES IN
ACCORDANCE WITH THE REQUIREMENT OF CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5, WHICH INCLUDES REVISED
SALARY SCHEDULES FOR THE CITY OF BENICIA JOB CLASSIFICATIONS Mayor Young pulled this item to clarify why it was brought forward.
Public Comment:
None
Council and discussed the staffing challenges in the Police Department, and the need to hire/retain qualified staff.
On motion of Mayor Young, seconded by Council Member Birdseye, Council approved the adoption of Resolution 23-57, 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)
21.E - APPROVE AN AMENDMENT WITH SOLANO RESOURCE
CONSERVATION DISTRICT FOR THE WATER EDUCATION
PROGRAM (Public Works Director)
Staff Report - Approval of Amendment with Solano County RCD
1. Resolution Approval of Amendment Solano RCD
2. Fourth Amendment to Agreement - Solano RCD
RESOLUTION NO. 23- 53 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING A FOURTH AMENDMENT TO
AGREEMENT WITH SOLANO RESOURCE CONSERVATION DISTRICT FOR
THE WATER EDUCATION PROGRAM AND AUTHORIZING THE INTERIM
CITY MANAGER TO EXECUTE THE AMENDMENT
21.F - RATIFYING THE INTERIM CITY MANAGER’S DECLARATION
OF A CONTRACTING EMERGENCY, APPROVING PAYMENT,
AND TERMINATING THE CONTRACTING EMERGENCY ACTION
FOR EMERGENCY RAW WATER TRANSMISSION LINE
INCIDENT (Public Works Director)
Staff Report - Emergency Declaration RWTL Incident
1. Resolution Ratification of Proclamation of Existence of a Local Emergency
7 RESOLUTION NO. 23- 54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA RATIFYING THE INTERIM CITY MANAGER’S
DECLARATION OF A CONTRACTING EMERGENCY, APPROVING
PAYMENTS, AND TERMINATING THE CONTRACTING EMERGENCY
ACTION 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)
Council pulled items 21.B, 21.C, and 21.D for discussion.
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved 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
Noes: (None)
22) BUSINESS ITEMS
22.A - APPROVE POSITION ALLOCATION CHANGES FOR THE CITY MANAGER’S OFFICE, HUMAN RESOURCES DEPARTMENT,
LIBRARY, FINANCE DEPARTMENT, AND INFORMATION
TECHNOLOGY DIVISION, AND SALARY SCHEDULE (Human
Resources Manager)
Staff Report - Position Allocation Changes
1. Resolution Position Allocation Changes and Salary Schedules \ 2. Draft - Job Description - Budget Manager
RESOLUTION NO. 23- 58 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING POSITION ALLOCATION CHANGES FOR THE CITY MANAGER’S OFFICE, HUMAN RESOURCES DEPARTMENT,
LIBRARY, FINANCE DEPARTMENT, AND INFORMATION TECHNOLOGY
DIVISION, AND RELATED SALARY SCHEDULE CHANGES
Mario Giuliani, Interim City Manager, reviewed the staff report.
Council and Staff discussed the proposed changes to the Library classifications, the number of Library employees, and how comparable our staffing levels in various departments are compared to similar Solano County cities.
Public Comment:
None
8 On motion of Council Member Birdseye, seconded by Council Member Macenski, Council approved the adoption of Resolution 23-58, 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)
22.B - REJECTION OF ALL BIDS FOR PARK ROAD IMPROVEMENT
PROJECT (Public Works Director)
Staff Report - Rejection of Bids for Park Road Improvement Project
1. Resolution Rejection of Bids for Park Road Improvement Project
2. Agreement Solano Transportation Authority - Resolution No. 17-02
3. Funding Exchange Benicia to Rio Vista
4. Funding Exchange Benicia to Dixon
5. Draft Construction Contract
RESOLUTION NO. 23- 59 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA REJECTING ALL BIDS FOR THE PARK ROAD
IMPROVEMENT PROJECT
Kyle Ochenduszko, Public Works Director, reviewed the staff report and a PowerPoint presentation.
Council and Staff discussed Measure C funds that were set aside for this project, what money has been spent up to this point, the current project shortfall, whether to close the project or postpone it, how the City worked with Rio Vista and Dixon on the grant money, and Staff's recommendation to reject the bids and defer the project until next year to see if there is additional funding for the project. If after next year there is no other funding for the project, Staff will return to Council with a recommendation to close out the project.
Public Comment:
1. Marilyn Bardet - Ms. Bardet discussed the Housing Element and two proposed projects in the Industrial Park with regards to public safety.
On motion of Council Member Birdseye, seconded by Council Member Campbell, Council approved the adoption of Resolution 23-59, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Mayor Young
Noes: Vice Mayor Scott
22.C - PROPOSED FISCAL YEAR 2024 & FISCAL YEAR 2025 BUDGETS (Finance Director)
Staff Report - Proposed Fiscal Year 2024 & Fiscal Year 2025 Budgets
9 Mario Giuliani, Interim City Manager, introduced the item.
Jeff Tschudi, Finance Director, reviewed the staff report.
Council and Staff discussed the Human Services Board (HSB) endowment fund, and clarification on the tables in the staff report.
Public Comment:
2. Maggie Kolk - Ms. Kolk discussed the process the HSB went through to come up with their grantee recommendations.
3. Donna Feingold - Ms. Feingold discussed the need for funding for the HSB.
4. Mike Caplin - Mr. Caplin discussed the need for additional funding for the Community Action Council (CAC).
5. Karen Burns - Ms. Burns discussed the need for funding for CAC.
6. Susan Newhouse - Ms. Newhouse discussed the need for funding for Carquinez Village.
7. Vincent Glover - Vincent discussed the need for funding for the Kyle Hyland Teen Center.
8. Oliver Beard - Oliver discussed the need for funding for the Kyle Hyland Teen Center.
9. Kimberli Harris - Ms. Harris discussed the need for funding for the Kyle Hyland Teen Center.
10. Sheri Zada - Ms. Zada discussed the need for funding for the Kyle Hyland Teen Center.
11. Barbara Gervase - Ms. Gervase discussed the need for funding for the Kyle Hyland Teen Center.
12. Nancy Ferguson - Ms. Ferguson discussed the need for funding for the Kyle Hyland Teen Center.
13. Zeke Chavez - Mr. Chavez discussed the need for funding for the Kyle Hyland Teen Center.
14. Nancy Templeton - Ms. Templeton discussed the need for funding for Families in Transition.
15. Helen Kennedy-Lazar - Ms. Kennedy-Lazar discussed the need for funding for the Soroptimist International of Benicia.
16. Tom Carrol - Mr. Carrol discussed the need for funding for the St. Vincent de Paul Society of Benicia.
17. Suzie Minnahen - Ms. Minnahen discussed the need for funding for the St.
Vincent de Paul Society of Benicia.
18. Jane Bates - Ms. Bates discussed the need for funding for the St. Vincent de Paul Society of Benicia.
19. Chuck Appleby - Mr. Appleby discussed the need for funding for the St. Vincent de Paul Society of Benicia.
20. Barry Hill - Mr. Hill discussed the need to fund programs to help fight homelessness.
10 21. Gayle Vaughn - Ms. Vaughn discussed the need for funding for the Kyle Hyland Teen Center, Soroptimists, Carquinez Village, and the CAC.
22. Lionel Largaespada - Mr. Largaespada asked one council member to make a motion to fund table 4 in the staff report.
23. Veronica Collins - Ms. Collins urged Council to fund the HSB grant requests.
24. Bizzy Lewis - Ms. Lewis reviewed the grant funding request from the Arts & Culture Commission (ACC).
25. Lois Requist - Ms. Requist discussed the need for funding for the ACC grantees and the HSB grantees.
26. Theresa Taylor - Ms. Taylor discussed the need for funding for Benicia Ballet.
27. Charlie Manuel - Ms. Manuel discussed the need for funding for Benicia Ballet.
28. Susan Street - Ms. Street discussed the need to fund the ACC grantees.
29. Larnie Fox - Mr. Fox discussed the need to fund the ACC grantees.
30. Celeste Smeland - Ms. Smeland discussed the need to fund the ACC grantees.
31. Shoshanna D. - Shoshanna discussed the need to fund the ACC grantees.
32. Robert Gordon - Mr. Gordon discussed the need to fund the ACC grantees and the HSB grantees.
33. Pam Dixon - Ms. Dixon discussed the need to fund the ACC grantees.
34. Marilyn Bardet - Ms. Bardet discussed the need to fund the ACC grantees and the HSB grantees.
35. Lisa Reinertson - Ms. Reinertson discussed the need to fund the ACC grantees and the HSB grantees.
36. Citizen - the citizen discussed the need to fund the ACC grantees.
37. Joseph O'Malley - Mr. O'Malley discussed the need to fund the ACC grantees.
38. Vicky Dennis - Ms. Dennis discussed the need to fund the ACC grantees.
39. Citizen - the citizen discussed the need to fund the ACC grantees and the HSB grantees.
40. Citizen - the citizen discussed the need to fund the ACC grantees.
41. Bart Sullivan - Mr. Sullivan discussed the need to fund the ACC grantees and the HSB grantees.
Council and Staff discussed previous ACC grantee budgets, arts and tourism, possibly extending the grant budgets to FY 24/25, higher sports fees, concern for what could happen in 2026, the need to increase taxes and fees, possible 1/2 cent sales tax in the future, the need for gradual change, the need to establish priorities, concern regarding staffing costs, and the need to make functional changes, Council Member Birdseye proposed the HSB receive $65,189 for the next two years along with using their endowment fund and Human Services Operating Fund and funding the ACC at a rate of $78,000 for the next two years.
Mayor Young sked if there was support for Council Member Birdseye's proposal. There was council majority for the proposal. Council discussed the proposed Benicia Historical Museum funding. They were not sure the museum would need the second year of funding. Council Member Birdseye suggested funding $20,000 for the museum for the second year, which council majority supported.
11 Mr. Tschudi recommended using the fiscal uncertainty reserves for the additional costs, to which Council agreed.
Mayor Young adjourned the meeting to 6/13/23 at 6:00 p.m.
1. Proposed Fiscal Year 2023-2025 General Fund Budget Summary
2. Proposed Fiscal Year 2023-2025 All Funds Budget Department Summaries
3. Proposed Fiscal Year 2023-2025 All Funds Budget Book PDF
4. ACC Recommended Grants
5. HSB Recommended Grants
23) ADJOURNMENT OF REGULAR MEETING (9:00 P.M.)
Mayor Young adjourned the meeting to a date certain of 6/13/23 at 6:00 p.m.
City Clerk