1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
AUGUST 15, 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 TO ORDER (6:00 P.M.)
2) CONVENE OPEN SESSION
Mayor Young called the meeting to order at 6:00 p.m.
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
6.B - OPENINGS ON BOARDS AND COMMISSIONS
Current and Upcoming Openings - Boards and Commissions
7) PRESENTATIONS
7.A - RAW WATER TRANSMISSION LINE UPDATE (Public Works) 8) ADOPTION OF AGENDA
Mario Giuliani, City Manager, stated that Staff was pulling Item 13.C and continuing it to a future meeting.
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the Adoption of the Agenda, as amended, on a roll call by the following vote:
2 Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
9) OPPORTUNITY FOR PUBLIC COMMENTS
10) WRITTEN COMMENT
11) PUBLIC COMMENT
1. Monica Brown - Supervisor Brown discussed support for increasing the Solano County Sales Tax cap rate.
12) CONSENT CALENDAR
12.A - MINUTES FROM THE JULY 18, 2023, REGULAR MEETING, THE JULY 25, 2023, CITY COUNCIL/PLANNING COMMISSION JOINT
MEETING AND THE AUGUST 3, 2023, SPECIAL CLOSED SESSION
MEETING (City Clerk)
July 18, 2023 City Council Meeting Minutes
July 25, 2023 Joint City Council and Planning Commission Meeting Minutes August 3, 2023 Special Closed Session City Council Meeting Minutes Council pulled items 12.E, 12.F, and 12.G for discussion.
12.B - APPROVAL OF SECOND AMENDMENT TO AGREEMENT WITH
HENDERSON POWER SERVICES LLC FOR CITYWIDE
GENERATOR MAINTENANCE AND REPAIR SERVICES (Public
Works Director)
Staff Report - Amendment to Agreement with Henderson Power
1. Resolution - Second Amendment to Agreement with Henderson Power
2. Second Amendment to Agreement Henderson Power Services LLC
3. Original Agreement Henderson Power Services LLC
4. First Amendment to Agreement Henderson Power Services LLC RESOLUTION NO. 23- 109 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA FOR APPROVAL OF SECOND AMENDMENT TO
AGREEMENT WITH HENDERSON POWER SERVICES LLC FOR CITYWIDE
GENERATOR MAINTENANCE AND REPAIR SERVICES AND AUTHORIZES
THE CITY MANAGER TO SIGN THE SECOND AMENDMENT TO
AGREEMENT ON BEHALF OF THE CITY
12.C - REJECTION OF ALL BIDS FOR HIGHWAY SAFETY
IMPROVEMENT PROJECT CYCLE 9 CITYWIDE GUARDRAILS
UPGRADE PROJECT (Public Works Director)
3 Staff Report - Rejection of Construction Contract for HSIP Guardrail Project
1. Resolution - Rejection - Construction Contract for HSIP Guardrail Project RESOLUTION NO. 23- 110 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA REJECTING ALL BIDS FOR THE HIGHWAY
SAFETY IMPROVEMENT PROJECT CYCLE 9 CITYWIDE GUARDRAILS
UPGRADE PROJECT
12.D - APPROVAL OF BUDGET AMENDMENT FOR HSIPL-5003(033)
PEDESTRIAN IMPROVEMENT CROSSING PROJECT LOCATED
AT MILITARY WEST AND WEST 5TH STREET, AND AT
HASTINGS DRIVE AND LONDON DRIVE (Public Works Director) Staff Report - Approval of Budget Amendment for HSIP Pedestrian Crossing Project
1. Resolution Budget Amendment - HSIP Pedestrian Crossing Improvement Project RESOLUTION NO. 23- 111 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING A BUDGET AMENDMENT FOR
HIGHWAY SAFETY IMPROVEMENT PROGRAM (HISPL-5003(033))
PEDESTRIAN CROSSING IMPROVEMENT PROJECT LOCATED AT
MILITARY WEST AND WEST 5TH STREET, AND AT HASTINGS DRIVE AND
LONDON DRIVE, AUTHORIZING THE FINANCE DIRECTOR TO MAKE THE
NECESSARY BUDGET AMENDMENTS AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONTRACT CHANGE ORDER ON BEHALF
OF THE CITY
12.E - RESPONSE TO 2022-2023 GRAND JURY REPORT SOLANO
COUNTY WASTEWATER TREATMENT PLANTS? (Public Works
Director)
Staff Report - Response to 2022-2023 Grand Jury Wastewater Treatment Plant Report Council and Staff discussed the issue of solar panels being used for energy and the language in the response letter.
Public Comment:
None
1. Cover Letter Conveying the Grand Jury Report to the City of Benicia
2. Report on Wastewater Treatment Plants - 2022-2023 Solano County Civil Grand Jury
3. Proposed Response Letter to the Solano County Civil Grand Jury
12.F - RESPONSE TO 2022-2023 GRAND JURY REPORT SOLANO
COUNTY EMERGENCY DISPATCH REPORT? (City Manager)
4 Staff Report - Response to 2022-2023 Grand Jury Report Council and Staff discussed the disagreement with a portion of the Grand Jury Report with regards to dispatch.
Public Comment:
None
1. Cover Letter Conveying the Grand Jury Report to the City of Benicia
2. Report on Emergency Dispatch by the 2022-2023 Solano County Civil Grand Jury
3. Proposed Response Letter from the City
On motion of Mayor Young, seconded by Council Member Birdseye, Council approved by minute action, the City of Benicia’s response to the 2022-2023 Solano County Civil Grand Jury Report entitled “Solano County Emergency Dispatch Report”, 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)
12.G - CALIFORNIA HEALTH AND SAFETY CODE 13146.4 FIRE
INSPECTION COMPLIANCE REPORT (Fire Chief)
RESOLUTION NO. 23- 115 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA ACCEPTING THE 2022 STATE MANDATED FIRE
INSPECTION REPORT FROM THE BENICIA FIRE DEPARTMENT
Council and Staff discussed the issue of inspections and inspection rates.
Public comment:
None
Staff Report - California Health and Safety Code 13146.4 Fire Inspection Compliance Report
1. Resolution 2022 Fire Inspection Compliance Report
On motion of Vice Mayor Scott, seconded by Mayor Young, Council approved the adoption of Resolution 23-115, 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)
12.H - AWARD OF CUSTODIAL SERVICES AGREEMENT TO UNITED
GLOBAL LOGISTIC HOLDING CORPORATION (Parks and
Community Services Director)
5 Staff Report - Custodial Services - United Global Logistic Holding Corp
1. Resolution Approval of Agreement with United Global Logistic Holding Corporation
2. Custodial Services Agreement United Global Logistic Holding Corporation RESOLUTION NO. 23- 112 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING AN AGREEMENT FOR CUSTODIAL
SERVICES WITH UNITED GLOBAL LOGISTIC HOLDING CORPORATION,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON
BEHALF OF THE CITY, AUTHORIZING THE FINANCE DIRECTOR TO
TRANSFER FUNDS AND AUTHORIZING THE DIRECTOR OF PARKS AND
COMMUNITY SERVICES TO APPROVE CONTRACT EXTENSIONS
12.I - DESIGNATION OF APPLICANT’S AGENT RESOLUTION FOR
NON-STATE AGENCIES (Finance Director)
Staff Report - Designation of Applicant's Agents
1. Resolution - Designation of Applicant’s Agent for Non-State Agencies RESOLUTION NO. 23- 113 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA DESIGNATING THE AGENTS AUTHORIZED TO
EXECUTE ACTIONS WITH THE FEDERAL EMERGENCY MANAGEMENT
AGENCY AND THE GOVERNOR’S OFFICE OF EMERGENCY SERVICES
FOR THE PURPOSE OF OBTAINING STATE AND FEDERAL DISASTER
FINANCIAL ASSISTANCE
12.J - RESOLUTION CONTINUING THE DECLARATION OF A LOCAL
EMERGENCY FOR RAW WATER TRANSMISSION LINE
INCIDENT (City Manager)
Staff Report - Continuation of Existence of a Local Emergency
1. Resolution Continuing the Declaration of Local Emergency RESOLUTION NO. 23-114 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA CONTINUING THE DECLARATION OF A LOCAL
EMERGENCY
12.K - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
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)
13) BUSINESS ITEMS
13.A - APPROVAL OF AGREEMENT WITH MARIO GIULIANI AS CITY MANAGER (City Attorney)
RESOLUTION NO. 23- 116 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING THE AGREEMENT WITH MARIO
GIULIANI AS CITY MANAGER AND AUTHORIZING THE MAYOR TO SIGN
THE AGREEMENT ON BEHALF OF THE CITY COUNCIL
Mary Wagner, Assistant City Attorney, reviewed the staff report.
Public Comment:
1. Mark Hughes - Mr. Hughes spoke in support of the approval of Mr. Giuliani's contract.
Council discussed support for Mr. Giuliani's appointment.
Staff Report - Agreement - City Manager - Mario Giuliani
1. Resolution - Agreement - City Manager - Mario Giuliani
2. Agreement City Manager Mario Giuliani
On motion of Council Member Birdseye, seconded by Council Member Macenski, Council approved the adoption of Resolution 23-116, 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)
13.B - INTRODUCTION AND FIRST READING OF AN ORDINANCE
AMENDING TITLE 13 (PUBLIC SERVICES) OF THE BENICIA
MUNICIPAL CODE TO ALLOW FOR SB-998 (Finance Director)
Staff Report - BMC Water Service
ORDINANCE NO. 23- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING TITLE 13 (PUBLIC SERVICE) OF THE BENICIA MUNICIPAL CODE TO ALLOW ADOPTION OF SB 998 RELATED CHANGES AND DELETING SECTION 13.08.050 (DEPOSIT)
Jeff Tschudi, Finance Director, reviewed the staff report.
Council and Staff discussed the rules for offering low-income discounts.
Public Comment:
7 None
1. Draft Ordinance - Amending Title 13 - BMC Public Service
2. Redline Changes - BMC Water Service
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the Introduction and First Reading of the above Ordinance, 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)
13.C - AUTHORIZING THE ACCEPTANCE OF A LIBRARY SERVICES
AND TECHNOLOGY GRANT, USE OF CAPITAL FUNDS, AND
BUDGET AMENDMENT (Library & Cultural Services Director) Staff Report - Library Services and Technology Grant
1. Resolution Library Services and Technology Grant
2. Grant Award Letter
3. Letters of Support from Local Schools
4. Basement Design Mock-up by Staff
This item was continued to a future meeting per the adoption of the Agenda.
13.D - RESOLUTION OPPOSING SENATE BILL 532 INCREASING TOLL ON THE SEVEN STATE-OWNED BAY AREA BRIDGES (City
Manager)
Staff Report - Opposing SB 532 - Bay Area Bridge Toll Increase RESOLUTION NO. 23- 117 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA OPPOSING SENATE BILL 532 INCREASING TOLL
ON THE SEVEN STATE-OWNED BAY AREA BRIDGES
Mario Giuliani, City Manager, and Mayor Young reviewed the staff report.
Public Comment:
None
Council Member Birdseye suggested adding a whereas between the last and second to last whereas stating 'Whereas, Benicia and Solano County commuters are disproportionally impacted by crossing one or more bridges per day' to which Council agreed.
1. Resolution - Opposing SB 532 - Bay Area Bridge Toll Increase
8 On motion of Council Member Birdseye, seconded by Council Member Campbell, Council approved the adoption of Resolution 23-117, 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)
14) COUNCIL MEMBER COMMITTEE REPORTS:
14.A - COUNCIL MEMBER COMMITTEE REPORTS
Committee Report - Marin Clean Energy
Committee Report - Sky Valley Open Space
Committee Report - Solano County Water Agency
Committee Report - Solano Transportation Authority
Committee Report - Traffic, Pedestrian and Bicycle Safety Committee Report - Tri City Cooperative Planning Group - Solano Open Space 15) ADJOURNMENT (9:00 P.M.)
Mayor Young adjourned the meeting at 7:24 p.m.
City Clerk