1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
SEPTEMBER 17, 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
Mayor Young called the Special meeting to order at 5:30 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
6) ADJOURN TO CLOSED SESSION (5:30 P.M.)
6.A - CONFERENCE WITH LEGAL COUNSELEXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (BCDC Cease and Desist and Civil Penalty Order CCD2022.007.01, BCDC Permit No. 1977.021.08.)
Mayor Young adjourned the meeting to Closed Session at 5:30 p.m. 7) RECONVENE OPEN SESSION
Mayor Young reconvened the Open Session at 6:05 p.m.
8) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
Ben Stock, City Attorney, reported that 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.)
2 Mayor Young adjourned the Closed Session and called the Regular Meeting to Open Session at 6:05 p.m.
10) ROLL CALL
Present: Council Member Birdseye, Council Member Macenski, Vice Mayor Scott, Mayor Young
Absent: Council Member Campbell
Excused: None
11) PLEDGE OF ALLEGIANCE
12) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
13) ANNOUNCEMENTS
13.A - MAYOR'S OFFICE HOURS
14) PROCLAMATIONS
14.A - PROCLAMATION - UNITED AGAINST HATE WEEK -
SEPTEMBER 21-27, 2024 (City Manager's Office)
Proclamation - United Against Hate Week - September 21-27, 2024 15) APPOINTMENTS
Public Comment:
None
15.A - MAYOR'S REAPPOINTMENT OF TODD HICKEY TO THE BOARD OF LIBRARY TRUSTEES FOR A FULL-TERM ENDING JULY 31,
2027
1. Resolution - Hickey - Board of Library Trustees
RESOLUTION NO. 24- 92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S REAPPOINTMENT OF TODD HICKEY TO THE BOARD OF LIBRARY TRUSTEES FOR A FULLTERM ENDING JULY 31, 2027
15.B - MAYOR'S REAPPOINTMENT OF RUTH WORKMAN TO THE
BOARD OF LIBRARY TRUSTEES FOR A FULL-TERM ENDING
JULY 31, 2027
1. Resolution - Workman - Board of Library Trustees
3 RESOLUTION NO. 24- 93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S REAPPOINTMENT OF RUTH WORKMAN TO THE BOARD OF LIBRARY TRUSTEES FOR A FULLTERM ENDING JULY 31, 2027
15.C - MAYORS REAPPOINTMENT OF DAVID DELONG TO THE
BUILDING BOARD OF APPEALS FOR A FULL-TERM ENDING
JULY 31, 2028
1. Resolution - DeLong - Building Board of Appeals
RESOLUTION NO. 24- 94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S REAPPOINTMENT OF DAVID DELONG TO THE BUILDING BOARD OF APPEALS FOR A FULLTERM ENDING JULY 31, 2028
15.D - MAYORS APPOINTMENT OF ALICIA GARCIA-ROMERO TO
THE COMMUNITY SUSTAINABILITY COMMISSION FOR A FULLTERM ENDING JULY 31, 2028
1. Resolution - Garcia-Romero - Community Sustainability Commission RESOLUTION NO. 24- 95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S APPOINTMENT OF
ALICIA GARCIA-ROMERO TO THE COMMUNITY SUSTAINABILITY
COMMISSION FOR A FULL-TERM ENDING JULY 31, 2028
15.E - MAYORS APPOINTMENT OF ANIKA JADHAV TO THE
COMMUNITY SUSTAINABILITY COMMISSION FOR A STUDENT
TERM ENDING JULY 31, 2025
1. Resolution - Jadhav - Community Sustainability Commission RESOLUTION NO. 24- 96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S APPOINTMENT OF
ANIKA JADHAV TO THE COMMUNITY SUSTAINABILITY COMMISSION FOR A STUDENT TERM ENDING JULY 31, 2025
15.F - MAYORS APPOINTMENT OF HANNAH RICE TO THE
ECONOMIC DEVELOPMENT BOARD FOR A FULL-TERM
ENDING JULY 31, 2028
1. Resolution - Rice - Economic Development Board
RESOLUTION NO. 24- 97 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S APPOINTMENT OF
4 HANNAH RICE TO THE ECONOMIC DEVELOPMENT BOARD FOR A FULLTERM ENDING JULY 31, 2028
15.G - MAYORS APPOINTMENT OF CHAD LUM TO THE ECONOMIC
DEVELOPMENT BOARD FOR A FULL-TERM ENDING JULY 31,
2028
1. Resolution - Lum - Economic Development Board
RESOLUTION NO. 24- 98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S APPOINTMENT OF CHAD
LUM TO THE ECONOMIC DEVELOPMENT BOARD FOR A FULL-TERM
ENDING JULY 31, 2028
15.H - MAYORS REAPPOINTMENT OF NORMA MORALES-PEREZ TO
THE ECONOMIC DEVELOPMENT BOARD FOR A FULL-TERM
ENDING JULY 31, 2028
1. Resolution - Morales-Perez - Economic Development Board RESOLUTION NO. 24- 99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S REAPPOINTMENT OF
NORMA MORALES-PEREZ TO THE ECONOMIC DEVELOPMENT BOARD
FOR A FULL-TERM ENDING JULY 31, 2028
15.I - MAYORS REAPPOINTMENT OF TIM REYNOLDS TO THE
HISTORIC PRESERVATION REVIEW COMMISSION FOR A FULLTERM ENDING JULY 31, 2028
1. Resolution - Reynolds - Historic Preservation Review Commission RESOLUTION NO. 24- 100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S REAPPOINTMENT
OF TIM REYNOLDS TO THE HISTORIC PRESERVATION REVIEW
COMMISSION FOR A FULL-TERM ENDING JULY 31, 2028
15.J -MAYORS REAPPOINTMENT OF GILBERT VON STUDNITZ TO
THE HISTORIC PRESERVATION REVIEW COMMISSION FOR A
FULL-TERM ENDING JULY 31, 2028
1. Resolution - von Studnitz - Historic Preservation Review Commission RESOLUTION NO. 24- 101 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S REAPPOINTMENT
OF GILBERT VON STUDNITZ TO THE HISTORIC PRESERVATION REVIEW COMMISSION FOR A FULL-TERM ENDING JULY 31, 2028
5 15.K - MAYORS REAPPOINTMENT OF MISTY BOSTATER TO THE
HOUSING AUTHORITY BOARD FOR A TENANT TERM ENDING
JULY 31, 2026
1. Resolution - Bostater - Housing Authority Board
RESOLUTION NO. 24- 102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S REAPPOINTMENT
OF MISTY BOSTATER TO THE HOUSING AUTHORITY BOARD FOR A
TENANT TERM ENDING JULY 31, 2026
15.L - MAYORS APPOINTMENT OF LORRI BRINKERHOFF TO THE
HOUSING AUTHORITY BOARD FOR A FULL-TERM ENDING
JULY 31, 2028
1. Resolution - Brinkerhoff - Housing Authority Board
RESOLUTION NO. 24- 103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S APPOINTMENT OF
LORRI BRINKERHOFF TO THE HOUSING AUTHORITY BOARD FOR A
FULL-TERM ENDING JULY 31, 2028
15.M - MAYORS APPOINTMENT OF JULIET MARKS TO THE HOUSING AUTHORITY BOARD FOR A FULL-TERM ENDING JULY 31, 2028
1. Resolution - Marks - Housing Authority Board
RESOLUTION NO. 24- 104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S APPOINTMENT OF JULIET MARKS TO THE HOUSING AUTHORITY BOARD FOR A FULLTERM ENDING JULY 31, 2028
15.N - MAYORS REAPPOINTMENT OF ATIBA MURPHY TO THE
HOUSING AUTHORITY BOARD FOR A TENANT TERM ENDING
JULY 31, 2026
1. Resolution - Murphy - Housing Authority Board
RESOLUTION NO. 24- 105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S REAPPOINTMENT
OF ATIBA MURPHY TO THE HOUSING AUTHORITY BOARD FOR A
TENANT TERM ENDING JULY 31, 2026
15.O - MAYORS REAPPOINTMENT OF RAQUEL WALSH TO THE
HOUSING AUTHORITY BOARD FOR A FULL-TERM ENDING
JULY 31, 2028
6 1. Resolution - Walsh - Housing Authority Board
RESOLUTION NO. 24- 106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S REAPPOINTMENT OF RAQUEL WALSH TO THE HOUSING AUTHORITY BOARD FOR A FULLTERM ENDING JULY 31, 2028
15.P - MAYORS APPOINTMENT OF CHRISTINA GILPIN-HAYES TO
THE PLANNING COMMISSION FOR A FULL-TERM ENDING JULY
31, 2028
1. Resolution - Gilpin-Hayes - Planning Commission
RESOLUTION NO. 24- 107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S APPOINTMENT OF
CHRISTINA GILPIN-HAYES TO THE PLANNING COMMISSION FOR A FULL-TERM ENDING JULY 31, 2028
15.Q - MAYORS APPOINTMENT OF EVAN GORMAN TO THE
PLANNING COMMISSION FOR A FULL-TERM ENDING JULY 31,
2028
1. Resolution - Gorman - Planning Commission
RESOLUTION NO. 24- 108 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S APPOINTMENT OF
EVAN GORMAN TO THE PLANNING COMMISSION FOR A FULL-TERM
ENDING JULY 31, 2028
15.R - MAYORS APPOINTMENT OF BRANDON MARSHALL TO THE
PLANNING COMMISSION FOR A FULL-TERM ENDING JULY 31,
2028
1. Resolution - Marshall - Planning Commission
RESOLUTION NO. 24- 109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S APPOINTMENT OF BRANDON MARSHALL TO THE PLANNING COMMISSION FOR A FULLTERM ENDING JULY 31, 2028 On motion of Mayor Young, seconded by 00000000-0000-0000-0000-000000000001, Council approved the above Resolutions, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
7 16) PRESENTATIONS
17) ADOPTION OF THE AGENDA
Mario Giuliani, City Manager, stated that item 22.A would be continued to a future meeting. The public would have an opportunity to speak on the item tonight.
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
20) PUBLIC COMMENT
1. Jennifer Baker - Ms. Baker discussed upcoming activities at the Benicia Public Library.
2. Barbara Weaver Lloyd - Ms. Lloyd discussed upcoming events being put on by the Community Sustainability Commission.
3. Christina Gilpin-Hayes - Ms. Gilpin-Hayes thanked the Council for her appointment to the Planning Commission.
4. Lori Grundman - Ms. Grundman invited everyone to join the Benicia Litter Pickers for Coastal Cleanup.
5. Steve Young - Mayor Young discussed an upcoming event, and a two-step request he and Vice Mayor Scott are working on.
21) CONSENT CALENDAR
21.A - ACCEPTANCE OF THE WASTEWATER TREATMENT PLANT
SOLIDS HANDLING BUILDING PLATFORM REPLACEMENT
PROJECT (Public Works Director)
Staff Report - Acceptance of WWTP Solids Handling Platform Replacement Project RESOLUTION NO. 24- 110 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA ACCEPTING WASTEWATER TRETAMENT PLANT
SOLIDS HANDLING BUILDING PLATFORM REPLACEMENT PROJECT AS
COMPLETE, AUTHORIZING THE CITY MANAGER TO SIGN THE NOTICE
OF COMPLETION, AUTHORIZING THE CITY CLERK TO FILE SAME WITH THE SOLANO COUNTY RECORDER’S OFFICE
Council thanked Staff for coming in under budget.
8 Public Comment:
None
1. Resolution WWTP Solids Handling Building Platform Replacement Project
2. Notice of Completion
On motion of Vice Mayor Scott, seconded by Council Member Macenski, Council approved the adoption of Resolution 24-110, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
21.B - APPROVAL OF A BUDGET AMENDMENT FOR
IMPLEMENTATION OF HOUSING ELEMENT PROGRAM 2.04,
AFFIRMATIVELY FURTHERING FAIR HOUSING (Asst. City
Manager)
Staff Report - HE Program 2.04 Budget Amendment
RESOLUTION NO. 24- 111 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA AUTHORIZING THE RELEASE OF FUNDS FROM
THE PLANNING AND COMMUNITY DEVELOPMENT DESIGNATION,
APPROVING A BUDGET AMENDMENT FOR IMPLEMENTATION OF
HOUSING ELEMENT PROGRAM 2.04, AFFIRMATIVELY FURTHERING
FAIR HOUSING AND AUTHORIZING THE FINANCE DIRECTOR TO MAKE
THE NECESSARY TRANSFERS
Mayor Young discussed the issue of affordable housing and the proposed affordable housing location at Columbus Parkway.
Public Comment:
None
1. Resolution Budget Amendment - Housing Element Program 2.04 Implementation On motion of Mayor Young, seconded by Council Member Macenski, Council approved the adoption of Resolution 24-111, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
21.C - RESOLUTION CONTINUING THE DECLARATION OF A LOCAL
EMERGENCY FOR RAW WATER TRANSMISSION LINE
INCIDENT (City Manager)
9 RESOLUTION NO. 24- 112 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA CONTINUING THE DECLARATION OF A LOCAL
EMERGENCY
Public Comment:
1. Ms. Grundman asked for an update on the local emergency for the Raw Water Treatment Line (RWTL).
Staff Report - Continuation of Existence of a Local Emergency
1. Resolution - Continuation of Declaration of Local Emergency On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of Resolution 24-112, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
21.D - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
Council pulled items 21.A, 21.B, and 21.C 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:
Ayes: Council Member Birdseye, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
22) BUSINESS ITEMS
22.A - APPROVING A PROJECT LABOR AGREEMENT WITH THE
NAPA-SOLANO BUILDING AND CONSTRUCTION TRADES
COUNCIL AND ITS AFFILIATED UNIONS (City Manager)
Staff Report - Project Labor Agreement
This item was continued to a future agenda.
Public Comment:
None
10 1. Resolution - Benicia Project Labor Agreement
2. Benicia Project Labor Agreement
23) COUNCIL MEMBER COMMITTEE REPORTS:
23.A - COUNCIL MEMBER COMMITTEE REPORTS
Council Member Committee Reports
24) ADJOURNMENT OF REGULAR MEETING (7:30 P.M.)
Mayor Young adjourned the meeting at 6:35 p.m.
City Clerk