1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
APRIL 2, 2024
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 (4:00 P.M.)
Mayor Young called the Special Meeting to order at 4:01 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
None
6) ADJOURN TO CLOSED SESSION
6.A - CONFERENCE WITH LEGAL COUNSEL ANTICIPATED
LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (one potential case)
6.B - 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 4:01 p.m.
2 7) RECONVENE OPEN SESSION
Mayor Young reconvened the Open Session at 6:01 p.m.
8) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
Ben Stock, City Attorney, reported that Council met in Closed Session on two items and took no reportable actions.
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 6:02 p.m.
10) ROLL CALL
All Council Members were present.
Council Member Campbell arrived at 6:04 p.m.
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 - NATIONAL LIBRARY WEEK - APRIL 7-13, 2024 (Library)
Proclamation - National Library Week - April 2024
15) APPOINTMENTS
16) PRESENTATIONS
17) ADOPTION OF THE AGENDA
Council approved moving Item 22.B to be heard ahead of Item 22.A to accommodate the public.
3 On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the Adoption of the Agenda, as amended, moving Item 22.B to be heard prior to Item 22.A, 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. Sherry Leigh - Ms. Leigh discussed the success of the Fiesta Primavera.
2. Constance Beutel - Ms. Beutel recognized Gill Del Rosario, her mail carrier, for his efforts.
3. Arvin Nichaud - Mr. Nichaud discussed the Festival of Colors.
4. Kathy Kerridge - Ms. Kerridge discussed an upcoming forum held by the Progressive Democrats of Benicia.
5. Mayor Young - Mayor Young stated he would be adjourning the meeting in memory of Richard Freeman.
21) CONSENT CALENDAR
21.A - MINUTES FROM THE FEBRUARY 23, 2024, FEBRUARY 28, 2024, MARCH 5, 2024 AND MARCH 19, 2024 SPECIAL, REGULAR AND
JOINT PLANNING COMMISSION CITY COUNCIL MEETINGS (City
Clerk)
February 23, 2024 Special City Council Meeting
February 28, 2024 Joint Council Planning Commission Minutes March 5, 2024 City Council Meeting Minutes
March 19, 2024 City Council Meeting Minutes
21.B - SECOND READING AND ADOPTION OF AN ORDINANCE TO
AMEND CHAPTER 10.12 OF THE MUNICIPAL CODE FOR THE
2024 ENGINEERING AND TRAFFIC SURVEY REPORT (Interim
Public Works Director)
Staff Report - Adoption of Ordinance 10.12 Speed Limits
1. Ordinance - Adoption of Ordinance 10.12 - Speed Limits
2. 2024 Engineering and Traffic Survey Report
ORDINANCE NO. 24- 2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING CHAPTER 10.12 (SPEED LIMITS) OF TITLE
4 10 (VEHICLES AND TRAFFIC) OF THE BENICIA MUNICIPAL CODE BY ADDING A NEW SECTION 10.12 (SPEED LIMITS)
21.C - APPROVAL OF CONTRACT WITH ZANJERO INC. FOR WATER MANAGEMENT SERVICES (Interim Public Works Director)
Staff Report - Approval of Zanjero Contract
1. Resolution Zanjero Inc. Water Management Services
2. Contract Zanjero Inc. Water Management Services
RESOLUTION NO. 24- 23 - A RESOLUTION BY THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING UP TO A FIVE-YEAR CONTRACT WITH ZANJERO INC. FOR WATER MANAGEMENT SERVICES AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT ON
BEHALF OF THE CITY
21.D - 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 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)
22) BUSINESS ITEMS
22.A - APPEAL OF A PLANNING COMMISSION DECISION ON A
DESIGN REVIEW APPLICATION FOR 106 WEST J STREET
(Community Development Director)
Staff Report - 106 West J Street Appeal
Jason Hade, Planning Manager, and Vivien Togonon, Associate Planner, reviewed the staff report and a PowerPoint presentation.
Council and Staff discussed the CEQA process, and the Council’s options.
Public Hearing Opened
Appellant:
Steffan Schulz - Mr. Schulz reviewed the history of the building, the changes that have made over the years, and the problems with the current windows.
5 Public Comment:
1. Penny Stell - Ms. Stell spoke in support of granting the appeal.
2. Lionel Largaespada - Mr. Largaespada spoke in support of granting the appeal.
3. Lori Grundman - Ms. Grundman spoke in support of granting the appeal.
4. Kathy Kerridge - Ms. Kerridge spoke in support of granting the appeal.
Public Hearing Closed
Council, Staff and Mr. Schulz discussed the issue of window replacement permits, previous work done on the building, historic integrity, the need to engage a historic architect, and what constitutes an emergency for window replacement.
Council Member Macenski made a motion to direct Staff to bring back a resolution with the requisite findings to a date uncertain granting the appeal, prepare the necessary CEQA findings, and if required by the City, the applicant at his sole expense shall provide a report by a qualified historic architect or historic librarian supporting the application of any CEQA finding. The motion was seconded by Mayor Young.
1. Resolution - Appeal - HPRC Alteration Denial - 106 W. J Street
2. Clarifying Memo - 106 West J Street & 935 First Street (dated October 23rd, 2023)
3. DPR Form 523A for 935 First Street
4. DHCP Applicable Guideline Excerpts
5. HPRC Staff report from October 26th, 2023
6. Minutes from October 26th, 2023 HPRC Meeting
7. HPRC Staff Report from November 16th, 2023
8. Minutes from November 16th, 2023 HPRC Meeting
9. HPRC Resolution No. 23-8
10. Appeal Application (to Planning Commission)
11. Planning Commission Staff Report from January 11, 2024
12. Planning Commission Staff Report from February 8, 2024
13. Minutes from January 11, 2024 Planning Commission Meeting
14. Draft Minutes from February 8, 2024 Planning Commission Meeting
15. Planning Commission Resolution No. 24-1
16. Appeal Application (to City Council)
17. 106 West J Street Project Narrative
18. DPR Form 523A for 106 West J Street
19. Benicia Masonic Temple Stucco Cracks Phase 1 Evaluation Report On motion of Council Member Macenski, seconded by Mayor Young, Council approved approving direction to Staff to bring back a resolution with the requisite findings to a date uncertain granting the appeal, prepare the necessary CEQA findings, and if required by the City, the applicant at his sole expense shall provide a report by a qualified historic architect or historic librarian supporting the application of any CEQA finding, on a roll call by the following vote:
6 Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
22.B - ACCEPTING HAROLD BRAY STATUE AND DIRECTING STAFF TO FINALIZE SITE ARRANGEMENTS (City Manager)
Staff Report - Accepting Harold Bray Statue and Directing Staff to Finalize Site Arrangements
RESOLUTION NO. 24- 24 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ACCEPTING HAROLD BRAY STATUE AND DIRECTING
STAFF TO FINALIZE SITE ARRANGEMENTS
Public Comment:
1. David Batchelor - Mr. Batchelor spoke in support of the proposed site location for the statue.
2. Patty Gavin - Ms. Gavin reiterated her support for the Harold Bray statue, and clarified her concern regarding the placement of the statue and the process that was not followed.
3. Sandy Francini - Ms. Francini discussed concern regarding the placement of the statue and discussed concern regarding the hurtful online comments about Ms.
Gavin.
4. Heather McLaughlin - Ms. McLaughlin discussed the need to follow the rules in place for public art. She also discussed concern regarding the hurtful comments about Ms. Gavin.
5. Jeff Mini - Mr. Mini spoke in support for the proposed location of the statue.
6. Citizen - the citizen spoke in support for the proposed location of the statue.
7. Kelsey Bye - Ms. Bye spoke in support for the proposed location of the statue.
8. Gary Heppel - Mr. Heppel spoke in support for the proposed location of the statue.
9. Sue Heppel - Ms. Heppel spoke in support for the proposed location of the statue.
10. Citizen - the citizen spoke in support for the proposed location of the statue.
11. Patrick Cawley - Mr. Cawley discussed support for both sides tonight.
12. Debbi Bray - Ms. Bray discussed how it was okay for people to have differing opinions and the need for people to be nice to one another. She spoke in support of the proposed location.
Council and Staff discussed concern regarding the negativity with regards to Ms. Gavin's comments, the process for determining the proposed location, support for the proposed location, and the need to look at the process for future decisions regarding monuments and public art placement.
1. Resolution - Accepting Harold Bray Statue
2. Harold Bray Statue Location Rendering
3. Resolution #12-107 - Establishing Public Art Program
7 On motion of Council Member Campbell, seconded by Vice Mayor Scott, Council approved the adoption of Resolution 24-24, with direction to Staff to work towards placement of the statue at Eunice Jensen Park, and additional direction directing Staff to have the Arts and Culture Commission work with the City Manager's office to work on procedures for placement of public art, 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)
23) ADJOURNMENT OF REGULAR MEETING (8:00 P.M.)
Mayor Young adjourned the meeting at 8:57 p.m.in memory of Richard Freedman.
City Clerk