1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
MAY 7, 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 (5:00 P.M.)
Mayor Young called the Special Meeting to order at 5:00 p.m. 2) CONVENE OPEN SESSION
3) ROLL CALL
Present: Council Member Birdseye, Council Member Macenski, Vice Mayor Scott, Mayor Young
Absent: Council Member Campbell
Excused: None
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 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
2 Mayor Young reconvened the Open Session at 6:00 p.m.
8) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
Ben Stock, City Attorney, stated Council met in Closed Session on one item 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 6:00 p.m.
10) ROLL CALL
All Council Members were present.
Council Member Campbell arrived at 6:12 p.m. He was attending via Zoom due to a medical procedure.
11) PLEDGE OF ALLEGIANCE
12) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
13) ANNOUNCEMENTS
13.A - MAYOR'S OFFICE HOURS
13.B - CURRENT AND UPCOMING OPENINGS CITY OF BENICIA
BOARDS AND COMMISSIONS
Current and Upcoming Openings - Boards and Commissions
14) PROCLAMATIONS
14.A - PROCLAMATION - MENTAL HEALTH AWARENESS MONTH
(City Manager's Office)
Proclamation - Mental Health Awareness Month 2024
14.B - PROCLAMATION - HISTORIC PRESERVATION MONTH 2024
(Community Development)
Proclamation - Historic Preservation Month
14.C - PROCLAMATION - OLDER AMERICANS MONTH 2024
3 Proclamation - Older Americans Month 2024
15) APPOINTMENTS
15.A - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BENICIA AUTHORIZING THE CITY TO PARTICIPATE IN THE
GREEN EMPOWERMENT ZONE FOR THE NORTHERN
WATERFRONT AREA OF THE COUNTY OF CONTRA COSTA AND
THE MAYORS APPOINTMENT OF COUNCIL MEMBER KARI
BIRDSEYE TO THE GREEN EMPOWERMENT ZONE BOARD OF
DIRECTORS AND MAYOR STEVE YOUNG AS ALTERNATE
Resolution - Appointment - Kari Birdseye - GEZ
RESOLUTION NO. 24- 32 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA AUTHORIZING THE CITY TO PARTICIPATE IN THE
GREEN EMPOWERMENT ZONE FOR THE NORTHERN WATERFRONT
AREA OF THE COUNTY OF CONTRA COSTA AND THE MAYOR’S
APPOINTMENT OF COUNCIL MEMBER KARI BIRDSEYE TO THE GREEN
EMPOWERMENT ZONE BOARD OF DIRECTORS AND MAYOR STEVE
YOUNG AS ALTERNATE
On motion of Mayor Young, Council approved the adoption of Resolution 24-32, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
16) PRESENTATIONS
17) ADOPTION OF THE AGENDA
Mario Giuliani, City Manager, noted that item 21.E would be pulled to make a correction to a missing handout.
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:
Ayes: Council Member Birdseye, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
18) OPPORTUNITY FOR PUBLIC COMMENTS
19) WRITTEN COMMENT
4 20) PUBLIC COMMENT
1. Brian Huff - Mr. Huff discussed the Benicia Theatre Group's 60th anniversary, and requested a proclamation be done.
2. Belinda Smith - Ms. Smith asked Council to recognize Tim Reynolds for his efforts in historic preservation.
21) CONSENT CALENDAR
Council pulled Items 21.C, 21.D, and 21.G for discussion.
21.A - MINUTES FROM THE APRIL 16, 2024 SPECIAL AND REGULAR MEETING (City Clerk)
April 16, 2024 City Council Meeting Minutes
21.B - APPROVAL OF AMENDMENT TO AGREEMENT WITH ANVIL
SECURITY SERVICES, INC. FOR LOPES ROAD BYPASS WATER
PIPELINE SECURITY AND RELATED SERVICES (Interim Public
Works Director)
Staff Report - Approval of Anvil Security Amendment
1. Resolution Anvil Security Services Inc. Amendment
2. Amendment to Agreement Anvil Security Services Inc.
3. Agreement Anvil Security Services Inc.
4. Resolution No. 23-44 Ratification - Declaration of a Contracting Emergency RESOLUTION NO. 24- 33 - A RESOLUTION BY THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING A ONE-YEAR AMENDMENT WITH ANVIL SECURITY SERVICES, INC. FOR LOPES ROAD BYPASS WATER PIPELINE
SECURITY AND RELATED SERVICES AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AMENDMENT ON BEHALF OF THE CITY
21.C - AWARD OF CONSTRUCTION CONTRACT AND NOTICE OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT FOR THE 2024 PAVEMENT REHABILITATION
AND HIGHWAY SAFETY IMPROVEMENT PROGRAM CYCLE 11
PEDESTRIAN CROSSING PROJECT (Interim Public Works Director) Staff Report - Award of Construction Contract and HSIP Cycle 11 Award RESOLUTION NO. 24- 34 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA AWARDING THE CONSTRUCTION CONTRACT TO
AMERICAN ASPHALT REPAIR & RESURFACING CO., INC.; AUTHORIZING
THE CITY MANAGER TO SIGN THE CONTRACT ON BEHALF OF THE
CITY; APPROVING A NOTICE OF EXEMPTION UNDER THE CALIFORNIA
5 ENVIRONMENTAL QUALITY ACT GUIDELINES, AND APPROVING A
BUDGET AMENDMENT TO INCREASE REVENUE FOR THE HIGHWAY
SAFETY IMPROVEMENT PROGRAM GRANT
Council and Staff discussed the bid and the cost of the contract.
Public Comment:
None
1. Resolution 2024 Pavement Rehabilitation and HSIP Pedestrian Crossing Project
2. Construction Contract American Asphalt Repair & Resurfacing Co., Inc. - 2024 Citywide Pavement Rehabilitation
On motion of Council Member Campbell, seconded by Council Member Macenski, Council approved the adoption of Resolution 24-34, 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.D - APPROVAL OF BUDGET AMENDMENTS FOR THE GRANT
FROM THE STATE WATER RESOURCES CONTROL BOARD FOR
THE CALIFORNIA EXTENDED WATER AND WASTEWATER
ARREARAGES PAYMENT PROGRAM (Interim Public Works
Director)
RESOLUTION NO. 24- 35 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING BUDGET AMENDMENTS FOR A GRANT
AWARDED FROM THE STATE WATER RESOURCES CONTROL BOARD
FOR THE CALIFORNIA EXTENDED WATER AND WASTEWATER
ARREARAGES PAYMENT PROGRAM AND DELEGATE THE FINANCE
DIRECTOR THE AUTHORITY TO MAKE THE NECESSARY REVENUE AND
EXPENDITURE INCREASES ASSOCIATED WITH THE GRANT
Council and Staff discussed what the funds could be used for.
Public Comment:
None
Staff Report - Water Wastewater Arrearages Grant Budget Amendments
1. Resolution California Extended Water and Wastewater Arrearage Payment Program Budget Amendments
2. California Extended Water and Wastewater Arrearage Payment Program - Disbursement Request Form
On motion of Council Member Campbell, seconded by Council Member Macenski, Council approved the adoption of Resolution 24-35, 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)
21.E - APPROVAL OF INVESTMENT POLICY (Finance Director) Staff Report - Investment Policy.pdf
RESOLUTION NO. 24- 36 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING THE CITY OF BENICIA INVESTMENT POLICY
Public Comment:
None
1. Resolution Adopting the Investment Policy
2. Investment Policy (Tracked Changes Version)
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of Resolution 24-36, 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.F - AUTHORIZE USE OF RESERVE COMMITMENT FOR PENSION
DESIGNATION (Finance Director)
1. Resolution - Release of Pension Designation
1. Resolution Release of Pension Designation
RESOLUTION NO. 24-37 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA AUTHORIZING RELEASE OF THE RESERVE
COMMITMENT FOR PENSION DESIGNATION AND APPROVING A
BUDGET AMENDMENT
21.G - COMPLETION OF SURVEILLANCE DATA RETENTION POLICY (Interim Police Chief)
Council and Staff discussed the issue of surveillance videos and public records requests.
Public Comment:
None
Staff Report - Data Retention Policy
1. Draft City of Benicia Surveillance Data Retention Policy
7 On motion of Council Member Campbell, seconded by Council Member Macenski, Council received the proposed Surveillance Data Retention Policy, 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.H - AMENDMENTS TO PLACEWORKS ON-CALL PLANNING
SERVICES AGREEMENT AND TRB AND ASSOCIATES, INC. ONCALL BUILDING SERVICES AGREEMENT (Community Development)
Staff Report - Amendment to Agreements for PlaceWorks and TRB
1. Resolution PlaceWorks Amendment to Agreement
2. PlaceWorks Amendment to Agreement
3. Resolution TRB Amendment to Agreement
4. TRB Amendment to Agreement
RESOLUTION NO. 24- 38 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING AN AMENDMENT TO AN AGREEMENT
WITH PLACEWORKS FOR ON-CALL PLANNING SERVICES FOR AN
ADDITIONAL YEAR ENDING ON DECEMBER 31, 2026, FOR A NOT TO EXCEED AMOUNT OF $450,000 AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AMENDMENT ON BEHALF OF THE CITY
RESOLUTION NO. 24- 39 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING AN AMENDMENT TO AN AGREEMENT
WITH TRB ASSOCIATES FOR ON-CALL BUILDING SERVICES FOR A NOTTO-EXCEED AMOUNT OF $375,000 AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AMENDMENT ON BEHALF OF THE CITY
21.I - 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 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)
8 22) BUSINESS ITEMS
22.A - CONSIDER ADOPTING RESOLUTION TO AUTHORIZE THE
CITY TO CONTRACT WITH NOLL & TAM FOR DESIGN OF THE
LIBRARY BASEMENT (Library & Cultural Services Director) RESOLUTION NO. 24- 40 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA AUTHORIZING THE CITY TO CONTRACT WITH NOLL & TAM FOR DESIGN OF THE LIBRARY BASEMENT
Jennifer Baker, Library Director, reviewed the staff report.
Council and Staff discussed how much money was in the current fund, what the flex space would be used for, the cost of installing a bathroom in the basement, whether the Library could collaborate with the community center on programs for youth, concern regarding the overall cost of installing bathrooms, and support for moving forward with the $25,000 for the design.
Public Comment:
1. Marilyn Bardet - Ms. Bardet discussed the funds that the Library has earmarked for the Library Basement Project.
Staff Report - Consider Adopting Resolution to Authorize the City to Contract with Noll & Tam for Design of the Library Basement
1. Resolution - Resolution to Authorize the City to Contract with Noll & Tam for Design of the Library Basement
On motion of Vice Mayor Scott, seconded by Mayor Young, Council approved the adoption of Resolution 24-40, 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 - APPROVING ARTS AND CULTURE COMMISSIONS PUBLIC ART PROJECT, ALLEGORY (Library & Cultural Services Director) RESOLUTION NO. 24- 41 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA AUTHORIZING THE ARTS AND CULTURE
COMMISSION’S PUBLIC ART PROJECT, “ALLEGORY”
Jennifer Baker, Library Director, reviewed the staff report and a PowerPoint presentation.
Council and Staff discussed the cost of the project, what the pieces of art are made of, and whether the artist would sell the art to the City.
Council would like Staff to look into the possibility of purchasing the art.
9 Public Comment:
None
Staff Report - Approving Arts and Culture Commissions Public Art Project
1. Resolution - Resolution to Authorizing Arts and Culture Commissions Public Art Project, Allegory
2. Conceptual Drawings of Art Pieces for Allegory Installation On motion of Vice Mayor Scott, seconded by Council Member Birdseye, Council approved the adoption of Resolution 24-41, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Vice Mayor Scott, Mayor Young
Noes: Council Member Macenski
22.C - OPEN GOVERNMENT COMMISSIONS RECOMMENDATIONS TO
COUNCIL (City Attorney's Office)
Staff Report - OGC Recommendations to Council.pdf
Ben Stock, City Attorney, reviewed the staff report.
Council and Staff discussed the issue of responding to public records requests, how complaints would be handled, what 'immediately' meant, lowering the rebuttal time to five business days, moving the OGC debate earlier up in the election, possibly getting rid of the last debate and only having one debate earlier in the election.
Public Comment:
1. Gail Vaughn - Ms. Vaughn discussed keeping the public comment speaking time at 5 minutes, the voluntary code of fair campaign practices.
2. Michael Hayes - Mr. Hayes spoke in support for keeping public comment at 5 minutes.
3. Belinda Smith - Ms. Smith spoke in support for keeping public comment at 5 minutes.
4. Lori Grundman - Ms. Grundman spoke in support for keeping public comment at 5 minutes and concerns regarding the complaint process for citizens.
5. Marilyn Bardet - Ms. Bardet spoke in support for keeping public comment at 5 minutes.
6. Citizen - the citizen spoke in support for keeping public comment at 5 minutes.
Council and Staff discussed the issue of citizens making campaign complaints.
Council and Staff discussed support for the proposed changes, keeping the candidate forum (having it earlier), requiring complaint rebuttals within 5 days, requiring the complaints to be posted within 2 business days, and whether complaints against PACS were subject to the voluntary code of fair campaign practices.
10 Public Comment:
7. Lori Grundman - Ms. Grundman discussed the issue of citizen complaints.
Council discussed the need to improve the timing and flow of council meetings, and a public comment group being 5 or more people (with a 15-minute limit).
After a discussion, Council majority agreed to keep the forum the way that it is currently set up, that only candidates who signed the voluntary pledge can file complaints (staff will look into seeing if groups can sign the pledge), going with the current State rules of 10 days for public records requests (PRA's), and changing public comment to 3 minutes with Mayor's authority to extend it to 5 minutes if needed.
1. Two-Step Request - Mayor Young and Vice Mayor Campbell
2. Minutes of the October 19 2021 Regular City Council Meeting
3. Voluntary Code Fair Campaign 1.36 Redline Edits, Voluntary Pledge Redlines, Candidate Forum Redline
22.D - TERMS OF LIMITED CHARTER DISCUSSION AND DIRECTION (City Manager)
Mario Giuliani, City Manager, reviewed the staff report.
Public Comment:
None
Staff Report - Terms of Limited Charter Discussion and Direction On motion of Vice Mayor Scott, seconded by Council Member Macenski, Council approved Council approved directing Staff to focus only on the ability to implement a real property transfer tax in the proposed limited charter, 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 (8:30 P.M.)
Mayor Young adjourned the meeting at 9:39 p.m.
City Clerk