1 MINUTES OF THE
SPECIAL AND REGULAR MEETING – CITY COUNCIL
JUNE 4, 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 (4:30 P.M.)
Mayor Young called the Special Meeting to order at 4:33 p.m. 2) CONVENE OPEN SESSION
3) ROLL CALL
All Council Members were present.
Council Member Macenski arrived at 4:40 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 THREAT TO PUBLIC SERVICES OR FACILITIES-Government Code Section 54957
Consultation with: (George Passidakis, security consultant for Apex Technology Management and City Attorney)
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.
2 Mayor Young adjourned the meeting to Closed Session at 4:33 p.m. 7) RECONVENE OPEN SESSION
Mayor Young reconvened the Open Session at 6:12 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 6:12 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 - CURRENT AND UPCOMING OPENINGS CITY OF BENICIA
BOARDS AND COMMISSIONS
Current and Upcoming Openings - Boards and Commissions
14) PROCLAMATIONS
15) APPOINTMENTS
16) PRESENTATIONS
16.A - ARTS AND CULTURE COMMISSION ANNUAL REPORTING
(Joseph O’Malley, Vice Chair, Arts and Culture Commission)
3 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. Jennifer Baker - Ms. Baker discussed the distribution of food through the Food is Free Bay Area every Wednesday from 5:00-7:00 p.m. at the Benicia Public Library.
2. Council Member Macenski -Council Member Macenski discussed a new nonprofit Benicia Athletic Booster Program that people can contribute to. 21) CONSENT CALENDAR
21.A - APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF
BENICIA AND BENICIA MAIN STREET FOR THE HISTORIC
SOUTHERN PACIFIC DEPOT (Economic Development Manager)
RESOLUTION NO. 24- 48 - RESOLUTION APPROVING THE LEASE
AGREEMENT WITH BENICIA FIRST CORPORATION DBA BENICIA MAIN STREET FOR THE HISTORIC SOUTHERN PACIFIC DEPOT AT 90 FIRST
STREET AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
LEASE
Council and Staff discussed concern regarding the building not being offered to other non-profits in the City, changing it to a one year lease, and change it to a modified RFP at the end of one year.
Public Comment:
1. Mike Caplin - Mr. Caplin spoke in support of the proposed agreement.
2. Lionel Largaespada - Mr. Largaespada spoke in support of the proposed agreement.
3. Jerry Hayes - Mr. Hayes spoke in support of the proposed agreement.
Mayor Young made a motion to amend the agreement to a 1 year lease w/direction to staff to solicit interest from other non-profits for leasing the building. The motion was seconded by Vice Mayor Scott, with an amendment to reflect a 1 +1 (2 year) lease.
4 Mario Giuliani, City Manager, explained why the City has historically gone with a 5-year lease agreement.
Council and Staff discussed the handrails that still need to be installed on the building, the previously approved bathroom project, and the need for more public bathrooms in the building.
Council Member Birdseye requested to call for the vote. Council Members Birdseye and Scott voted yes, and Council Members Campbell, Macenski, and Mayor Young voted no.
Public Comment (reopened):
4. Lionel Largaespada - Mr. Largaespada discussed the issue of unintended consequences and how disruptive a move would be for Benicia Main Street.
5. Mike Caplin - Mr. Caplin discussed the issue of tourism and the importance of having Benicia Main Street at its current location,
6. Toni Haughey - Ms. Haughey discussed the issue of the building being on the National Historic Registry.
Council and Staff discussed the staffing at Benicia Main Street, and the proposed agreement.
Staff Report - Lease Agreement for Historic Southern Pacific Depot
1. Resolution - Approving Lease Agreement - Historic Southern Pacific Depot
2. Lease Agreement - Historic Southern Pacific Depot
3. ISTEA Program Guidelines
On motion of Mayor Young, seconded by Vice Mayor Scott, Council denied, amend the agreement to a 1 +1 (2-year) year lease w/direction to staff to solicit interest from other non-profits for leasing the building, on a roll call by the following vote:
Ayes: Vice Mayor Scott, Mayor Young
Noes: Council Member Birdseye, Council Member Campbell, Council Member Macenski
On motion of Council Member Birdseye, Council did not approve calling for the vote on Mayor Young's motion, on a roll call by the following vote:
Ayes: Council Member Birdseye, Vice Mayor Scott
Noes: Council Member Campbell, Council Member Macenski, Mayor Young
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of Resolution 24-48, as presented, on a roll call by the following vote:
5 Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
21.B - CREATE MARINE DEBRIS REMOVAL CAPITAL PROJECT
(Finance Director)
Staff Report - Create Marine Debris Removal Capital Project RESOLUTION NO. 24- 49 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING THE CREATION OF THE MARINE DEBRIS
REMOVAL CAPITAL PROJECT AND AUTHORIZING THE FINANCE
DIRECTOR TO MAKE THE RELATED BUDGET AMENDMENTS FROM THE
GENERAL FUND TO THE NEWLY CREATED CAPITAL PROJECT FUND
Council and Staff discussed creating a fund for the grant monies to be put in, BCDC's involvement, where the funds came from (previous Park Road Project), and grant monies.
Public Comment:
None
1. Resolution - Marine Debris Removal Capital Project
On motion of Mayor Young, seconded by Council Member Birdseye, Council approved the adoption of Resolution 24-49, 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 - FY 2024/25 MIDCYCLE CARRYOVER BUDGET DELEGATED
AUTHORITY (Finance Director)
Staff Report - FY25 Mid-Cycle Delegated Authority
1. Resolution FY 202425 Mid-Cycle Delegated Authority
RESOLUTION NO. 24- 50 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA AUTHORIZING THE FINANCE DIRECTOR DELEGATED AUTHORITY TO MAKE FISCAL YEAR 2024/25 CARRYOVER BUDGET
AMENDMENTS
21.D - LANDSCAPING AND LIGHTING DISTRICT FISCAL YEAR 2024- 2025 (Public Works Director)
Staff Report - LLAD Assessment
6 RESOLUTION NO. 24- 51 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA DESCRIBING IMPROVEMENTS AND DIRECTING
PREPARATION OF ENGINEER'S REPORT FOR THE CITY OF BENICIA LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2024-2025 RESOLUTION NO. 24- 52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA PRELIMINARILY APPROVING THE ENGINEER’S
REPORT FOR THE CITY OF BENICIA LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2024-2025
RESOLUTION NO. 24- 53 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA OF INTENTION TO ORDER THE LEVY AND
COLLECTION OF ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THEREFORE SETTING A PUBLIC HEARING ON JUNE 18, 2024, TO CONSIDER THE FISCAL YEAR 2024-2025 CITY OF
BENICIA LANDSCAPING AND LIGHTING DISTRICT
Council and Staff discussed the engineer's report, the issue of reserves, and the need for a citywide landscaping and lighting district.
Public Comment:
None
1. Resolution - Intent to Initiate Proceedings
2. Resolution - Preliminary Approval of Engineer's Report
3. Resolution - Setting the Public Hearing Date on June 18, 2024
4. Preliminary Landscaping and Lighting Assessment District - Engineer's Report
5. Landscaping and Lighting Assessment District Diagram On motion of Council Member Campbell, seconded by Mayor Young, Council approved the adoption of Resolutions 24-51, 24-52, and 24-53, 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 - APPROVAL OF BUDGET AMENDMENT FOR HIGHWAY SAFETY
IMPROVEMENT PROGRAM CYCLE 9 - CITYWIDE GUARDRAILS
UPGRADE PROJECT (Public Works Director)
Staff Report - Approval of Budget Amendment for HSIP Guardrail Project RESOLUTION NO. 24- 54 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING A BUDGET AMENDMENT FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM CYCLE 9 - CITYWIDE GUARDRAILS
UPGRADE PROJECT
7 Council and Staff discussed the issue of funding.
Public Comment:
None
1. Resolution Approval of Budget Amendment for HSIP Guardrail Project On motion of Council Member Campbell, seconded by Mayor Young, Council approved the adoption of Resolution 24-54, 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 - PUBLIC REVIEW OF ANNUAL REPORT OF MILITARY
EQUIPMENT USE (Interim Police Chief)
Staff Report - Public Review of Annual Report of Military Equipment Use
1. Annual Report for Military Equipment Use by the Benicia Police Department
2. Ordinance 22-8 Military Equipment Use Policy
21.G - AUTHORIZING THE ACCEPTANCE OF LIBRARY GRANT AND
APPROVING THE NECESSARY BUDGET AMENDMENT (Library
and Cultural Services Director)
Staff Report - Acceptance of Library Services and Technology Act Grant.pdf
1. Resolution - Acceptance of Library Services and Technology Act Grant RESOLUTION NO. 24- 55 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA AUTHORIZING ACCEPTANCE OF THE FEDERAL
LIBRARY SERVICES AND TECHNOLOGY ACT GRANT, APPROVING THE
NECESSARY BUDGET AMENDMENT AND AUTHORIZING THE DIRECTOR
OF LIBRARY AND CULTURAL SERVICES, FINANCE DIRECTOR, AND CITY
MANAGER TO SIGN ANY NECESSARY DOCUMENTS ON BEHALF OF THE CITY
21.H - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
Council pulled items 21.A, 21.B, 21.D, and 21.E 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:
8 Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
22) BUSINESS ITEMS
22.A - INTRODUCTION OF AN ORDINANCE AMENDING BENICIA
MUNICIPAL CODE CHAPTERS 1.36 (VOLUNTARY CODE OF FAIR
CAMPAIGN PRACTICES), 1.42 (CONTRIBUTION AND
VOLUNTARY SPENDING LIMITS), 4.08 (PUBLIC TESTIMONY AT
REGULAR AND SPECIAL MEETINGS), AND CHAPTER 4.12
(PUBLIC INFORMATION) AND FINDING THE ORDINANCE
EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (City Attorney)
Staff Report - Open Government Commission's Ordinance Recommendations ORDINANCE NO. 24- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING TITLE 1 (GENERAL PROVISIONS)
CHAPTER 1.36 (VOLUNTARY CODE OF FAIR CAMPAIGN PRACTICES), CHAPTER 1.42 (CONTRIBUTION AND VOLUNTARY SPENDING LIMITS) AND TITLE 4 (OPEN GOVERNMENT) CHAPTER 4.08 (PUBLIC TESTIMONY AT REGULAR AND SPECIAL MEETINGS), CHAPTER 4.12 (PUBLIC
INFORMATION) OF THE BENICIA MUNICIPAL CODE TO IMPLEMENT
CHANGES RELATING TO ADDRESS DECEPTIVE AUDIO OR VISUAL
MEDIA DURING CAMPAIGNING, ALIGN TIMEFRAMES FOR RESPONDING
TO PUBLIC RECORDS ACT REQUEST WITH STATE LAW, AND AMENDING
TIME LIMITS FOR SPEAKING ON AGENDA AND NON AGENDA ITEMS Ben Stock, City Attorney, reviewed the staff report.
Council and Staff discussed the issue of Artificial Intelligence (AI) with respect to campaigns, and whether an AI disclosure could be required.
Public Comment:
Lori Grundman - Ms. Grundman discussed concern regarding excluding citizens from the complaint process with respect to elections/campaigns.
Council and Staff discussed Ms. Grundman's concerns and confirmed previous direction to have citizens contact the candidate in question to file a complaint on the citizen's behalf.
1. May 7, 2024 Staff Report and Attachments
2. Proposed Ordinance
3. Redline Edits to Municipal Code
9 On motion of Mayor Young, seconded by Council Member Macenski, Council approved the Introduction and First Reading of the above Ordinance, 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.B - APPROVING ARTS AND CULTURE COMMISSIONS PUBLIC ART PROJECT, ENTRANCE BEAUTIFICATION (Library and Cultural
Services Director)
Staff Report - Approving Arts and Culture Commissions Public Art Project RESOLUTION NO. 24- 56 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA AUTHORIZING THE ARTS AND CULTURE
COMMISSION’S PUBLIC ART PROJECT, “ENTRANCE BEAUTIFICATION” Jennifer Baker, Library Director, reviewed the staff report.
Council and Staff discussed the proposed artwork.
Public Comment:
1. Chris Kerz - Mr. Kerz discussed concern regarding the service organizations that have decals on the current sign were not included in the process.
Council and Staff discussed bringing the various service groups into the process.
1. Resolution – ACC’s Public Art Project, Entrance Beautification
2. Proposal and Conceptual Drawing - Entrance Beautification - Vincent Concepcion
3. Existing Wood Sign at Site
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of Resolution 24-56, 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 8:21 p.m.
10 City Clerk