1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
JUNE 18, 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.)
The Special Meeting was cancelled.
7) CONVENE OPEN SESSION
Mayor Young called the 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 - CURRENT AND UPCOMING OPENINGS ON BOARDS,
COMMISSIONS AND COMMITTEES
Current and Upcoming Openings - Boards and Commissions
14) PROCLAMATIONS
14.A - PROCLAMATION - MIKE DOTSON - RETIREMENT FROM THE CITY OF BENICIA (City Manager)
Proclamation - Mike Dotson - Retirement from the City of Benicia
14.B - PROCLAMATION - JUNETEENTH FREEDOM DAY 2024 (City Manager's Office)
2 Proclamation - Juneteenth Freedom Day 2024
15) APPOINTMENTS
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. Rick Knight - Mr. Knight thanked Mr. Dotson for his service to Benicia.
2. Ann Dunleavy - Ms. Dunleavy thanked Mr. Dotson for his service to Benicia.
3. Council Member Cambell - Council Member Campbell thanked Mr. Dotson for his service to Benicia.
4. Council Member Birdseye - Council Member Birdseye thanked Mr. Dotson for his service to Benicia.
5. Vice Mayor Scott - Vice Mayor Scott thanked Mr. Dotson for his service to Benicia.
21) CONSENT CALENDAR
21.A - ADOPTION 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)
ORDINANCE NO. 24- 3 - 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
3 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 Public Comment:
1. Lori Grundman - Ms. Grundman spoke in opposition to the proposed ordinance.
Staff Report - Adoption of OGC Recommendations
1. Proposed Ordinance
2. Redline Edits to Municipal Code
3. Redlined Voluntary Code of Fair Campaign Practices Pledge
4. Revised City Council Rules of Procedure 2024
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of Ordinance 24-3, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott
Noes: Mayor Young
21.B - APPROVAL OF AGREEMENT WITH APEX TECHNOLOGY
MANAGEMENT, LLC FOR CO-MANAGED INFORMATION
TECHNOLOGY SERVICES (Finance Director)
Staff Report - Apex Agreement
1. Resolution Approving an Agreement Apex Technology Management for Co-Managed IT Services
2. Apex Technology Management Agreement
RESOLUTION NO. 24- 57 -A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING AN AGREEMENT WITH APEX
TECHNOLOGY MANAGEMENT LLC FOR CO-MANAGED INFORMATION
TECHNOLOGY SERVICES AND DELEGATING AUTHORITY TO THE CITY
MANAGER AND FINANCE DIRECTOR TO AUTHORIZE ADDITIONAL
SERVICES AND EQUIPMENT AND TO EXECUTE ANNUAL RENEWALS OF
THE CO-MANAGED INFORMATION TECHNOLOGY SERVICES
AGREEMENT
21.C - AWARD OF CHEMICAL PURCHASE ORDERS FOR WATER AND
WASTEWATER TREATMENT DIVISIONS FOR FISCAL YEAR
2024-2025 (Public Works Director)
4 Staff Report - Award of Chemical Purchase Orders for Water and Wastewater Treatment for FY24-25
1. Resolution Chemical Purchase Orders - Water and Wastewater Treatment for FY24- 25 2. Chemical Pool Bid Summary FY24-25
RESOLUTION NO. 24- 58 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ACCEPTING BIDS AND APPROVING PURCHASE
ORDERS TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS
FOR FURNISHING CHEMICALS FOR WATER AND WASTEWATER
TREATMENT FOR FISCAL YEAR 2024-2025 AND AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO SIGN THE PURCHASE ORDERS ON BEHALF
OF THE CITY
21.D - 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 - Continuation of Declaration of Local Emergency RESOLUTION NO. 24- 59 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA CONTINUING THE DECLARATION OF A LOCAL
EMERGENCY
21.E - 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)
Council pulled item 21.A for discussion.
22) BUSINESS ITEMS
22.A - PARKS, TRAILS & OPEN SPACE MASTER PLAN FINAL DRAFT (Community Services Director)
RESOLUTION NO. 24- 60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA ADOPTING THE FINAL DRAFT OF THE 2024 PARKS,
TRAILS, AND OPEN SPACE MASTER PLAN
5 Mike Dotson, Parks & Community Services Director, and Doug Grove, RHA Landscape Architects, reviewed the staff report and a PowerPoint presentation.
Council and Staff discussed the proposed Parks, Trails & Open Space Master Plan.
Public Comment:
1. Lori Grundman - Ms. Grundman spoke in support of the City furthering discussions with BUSD for facilities.
Staff Report - Parks Trails Open Space Master Plan
1. Resolution - Adopt Final Draft of 2024 Parks Master Plan
2. Parks, Trails and Open Space Master Plan
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of Resolution 24-60, 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 - ADOPTION OF 5-YEAR STRATEGIC PLAN AND ADOPTION OF WORK PLAN FOR FISCAL YEAR 2024-25 (City Manager)
Staff Report - Work Plan 2024-25
Sarah Terherst, Deputy City Manager, and Annie Rose Favreau, Moss Adams, reviewed the staff report and a PowerPoint presentation.
Council and Staff discussed the EV charging priority, the pedestrian bridge, zone overlays, online permitting system, deadline for intersection parking limitations, and diagonal parking spaces.
Public Comment:
None
Council and Staff discussed the need to figure out how to spend any settlement funds from BAAQMD, adding air quality monitoring system throughout the community and EV infrastructure into the health and safety goals. Council Member Birdseye suggested amending the language removing the word 'federal' and adding protection for our community - "environmental sustainability of the city, and protections for our community". Council approved the amendment. Council discussed the need to update the General Plan.
1. City of Benicia 5-Year Strategic Plan and Resiliency Plan
2. Work Plan FY 2024-2025
6 On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved, by minute order, the City of Benicia's 5-year Strategic Plan and resiliency Plan, 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)
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved, by minute order, the City Council's Work Plan for FY 2024-25, and direction to staff to provide regular progress updates, 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.C - APPROVE POSITION ALLOCATION CHANGES, SALARY
SCHEDULE AND BUDGET AMENDMENT FOR THE CITY
MANAGERS OFFICE, HUMAN RESOURCES, FINANCE
DEPARTMENT, POLICE DEPARTMENT, COMMUNITY
DEVELOPMENT DEPARTMENT, PUBLIC WORKS, PARKS AND
COMMUNITY SERVICES, LIBRARY (City Manager)
Staff Report - Position Allocation Changes
RESOLUTION NO. 24- 61 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING POSITION ALLOCATION CHANGES AND AMENDMENTS TO THE CITY’S CLASSIFICATION PLAN AS DESCRIBED,
SALARY SCHEDULE, AUTHORIZING THE NECESSARY BUDGET
AMENDMENT, AND AUTHORIZING THE CITY MANAGER TO TAKE THE
NECESSARY ADMINISTRATIVE STEPS TO IMPLEMENT THE ACTIONS Mario Giuliani, City Manager, reviewed the staff report.
Public Comment:
None
Council and Staff discussed the proposed action.
1. Resolution - Position Allocation Changes
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of Resolution 24-61, 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)
7 22.D - DIRECTION TO MODIFY AND REORGANIZE THE CITYS
ADVISORY BOARDS, COMMISSIONS AND COMMITTEES (City
Manager)
Mario Giuliani, City Manager, reviewed the staff report.
Council and Staff discussed concern regarding combining the Arts and Culture/Human Services Board, etc., ad-hoc and standing subcommittees, and the specific duties of various commissions.
Public Comment:
1. Maggie Kolk - Ms. Kolk discussed opposition to the proposed changes.
2. Lori Grundman - Ms. Grundman discussed opposition to the proposed changes and what changes would need to be made to the City's current ordinances.
3. Neema Hekmat - Mr. Hekmat discussed opposition to the proposed changes.
Council and Staff discussed taking three members from Arts and Culture Commission, three from Human Services Board, and one from the Parks, Recreation & Cemetery Commission, then form standing subcommittees to address committee specific duties (staff will have to look into this).
Retire out the commissions that have been dormant.
Council requested Staff come up with a matrix for combining 3 commissions with ad-hoc and standing subcommittees.
Tax Oversight Committee - should have one council member.
Open Gov - as proposed, with addition of an ad-hoc committee.
Staff Report - Board and Commission Reorganization
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved, at 10:40 p.m., continuing the meeting past 10:00 p.m. to hear the remaining agenda item, 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.E - PUBLIC HEARING FOR CITY OF BENICIA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2024-2025
(Public Works Director)
RESOLUTION NO. 24- 62 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ORDERING THE MAINTENANCE OF EXISTING
8 IMPROVEMENTS IN ALL FIVE ZONES, CONFIRMING THE ASSESSMENT DIAGRAM, APPROVING THE ENGINEER’S REPORT AND ORDERING THE
LEVY AND COLLECTION OF CERTAIN ASSESSMENTS FOR THE CITY OF
BENICIA LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2024-2025
Sonia Tydinco, Harris & Associates, reviewed the staff report and a PowerPoint presentation.
Staff and Council discussed the issue of a citywide landscaping and lighting district and how fees are calculated with residential and commercial buildings.
Public Hearing Opened
Public Comment:
None
Public Hearing Closed
Staff Report - LLAD Public Hearing
1. Resolution - Ordering Levy and Collection of Assessments
2. Resolutions 24-51, 24-52, and 24-53
3. Landscaping and Lighting Assessment District Engineer's Report
4. Assessment District Diagram
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of Resolution 24-62, 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) COUNCIL MEMBER COMMITTEE REPORTS:
23.A - COUNCIL MEMBER COMMITTEE REPORTS
Council Member Committee Reports
24) ADJOURNMENT OF REGULAR MEETING (9:30 P.M.)
Mayor Young adjourned the meeting at 11:04 p.m.
City Clerk