1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
OCTOBER 29, 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
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 COUNSELANTICIPATED
LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (One potential case)
6.B - PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
Mayor Young adjourned the meeting to Closed Session at 5:01 p.m. 7) RECONVENE OPEN SESSION
Mayor Young reconvened the Open Session at 6:00 p.m.
8) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
2 Ben Stock, City Attorney, stated that Council took one reportable action during Closed Session with Council voting 5/0 to initiate litigation against Republic Services for the damage done to the pedestrian bridge in February 2023.
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 6:01 p.m.
10) ROLL CALL
All Council Members were present.
11) PLEDGE OF ALLEGIENCE
12) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
13) PROCLAMATIONS
13.A - PROCLAMATION - RUBY BRIDGES WALK TO SCHOOL DAY
NOVEMBER 14, 2024 (Library)
Proclamation - Ruby Bridges Walk to School Day - 2024
14) PRESENTATIONS
14.A - CITIZEN RESILIENCY TASK FORCE (City Manager)
14.B - HELEN PUTNAM AWARD (City Manager)
15) 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)
16) OPPORTUNITY FOR PUBLIC COMMENTS
17) WRITTEN COMMENT
18) PUBLIC COMMENT
3 1. Jennifer Baker - Ms. Baker discussed the loss of a library staff member Priscilla Minkle, and the upcoming Dia De Los Muertos event at the library.
2. Gretchen Burgess - Ms. Burgess discussed the importance of keeping the emblems of the local organizations on the welcome sign on East 2nd Street and Military East when it is redone.
19) CONSENT CALENDAR
19.A - MINUTES FROM THE OCTOBER 1, 2024 AND OCTOBER 15, 2024 SPECIAL AND REGULAR MEETING (City Clerk)
October 1, 2024 City Council Meeting Minutes
1. Lori Grundman - Ms. Grundman requested the 10/1/24 meeting minutes be pulled because her comments regarding zero-based budgeting were not included.
October 15, 2024 CIty Council Meeting Minutes
On motion of Mayor Young, seconded by Council Member Birdseye, Council approved the adoption of the 10/15/24 minutes and continued the 10/1/24 minutes, 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)
19.B - AWARD OF CONSTRUCTION CONTRACT AND AUTHORIZE A
BUDGET AMENDMENT FOR THE BENICIA CITY HALL TENANT
IMPROVEMENT PROJECT (Public Works Director)
Staff Report - Award of Construction Contract for City Hall Tenant Improvement Project.pdf
RESOLUTION NO. 24- 118 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA ACCEPTING THE BIDS FOR THE BENICIA CITY
HALL TENANT IMPROVEMENT PROJECT, AWARDING THE
CONSTRUCTION CONTRACT, TO CONSTRUCTION WEST SERVICES, INC.,
AUTHORIZE A BUDGET AMENDMENT AND AUTHORIZING THE CITY
MANAGER TO SIGN THE CONSTRUCTION CONTRACT AND PROJECT
MANAGER TO SIGN CHANGE ORDERS ON BEHALF OF THE CITY
Council and Staff discussed the bids and whether they were all bidding on the same items, why the chosen bid was so low, and concerns regarding the cost of the furniture, and whether they can reuse some of the furniture that already exists in the department.
4 Public Comment:
1. Gretchen Burgess - Ms. Burgess spoke in opposition to the proposed action.
2. Brett Nelson - Mr. Nelson spoke in opposition to the proposed action.
Council and Staff discussed the public's input regarding the difficulty getting permits and their request for a more efficient permitting process, the need for a meeting space, and the need to have a suitable working space for employees (with windows, air, etc.).
1. Resolution - Award of Construction Contract City Hall Tenant Improvement Project.pdf
2. Construction Contract - Construction West Services, Inc.
3. Resolution No. 23-34 - City Hall Tenant Improvement Project On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of Resolution 24-118, 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)
19.C - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
Council pulled items 19.A and 19.B 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 Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
20) BUSINESS ITEM
20.A - FIRST READING OF AN ORDINANCE AMENDING CHAPTERS
OF TITLE 2 (ADMINISTRATION AND PERSONNEL), CHAPTERS
OF TITLE 4 (OPEN GOVERNMENT) AND CHAPTER 12.24 (TREES
AND STREET TREES) OF THE BENICIA MUNICIPAL CODE TO
IMPLEMENT CHANGES TO OUR BOARDS, COMMISSIONS AND
COMMITTEES (City Manager)
5 ORDINANCE NO. 24- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA, CA, AMENDING CHAPTERS OF TITLE 2
(ADMINISTRATION AND PERSONNEL), CHAPTERS OF TITLE 4 (OPEN GOVERNMENT) AND CHAPTER 12.24 (TREES AND STREET TREES) OF
THE BENICIA MUNICIPAL CODE TO IMPLEMENT CHANGES TO OUR
ADVISORY BODIES
Mario Giuliani, City Manager, reviewed the staff report.
Arts & Culture, Human Services, Parks & Cemetery Consolidation:
Council and Staff discussed how would the seven-member commission would be developed, how the funding would be handled and disbursed, and how the different commissions would be represented.
Public Comment:
1. Elaine Eger - Mrs. Eger spoke in opposition to the proposed action.
2. Gretchen Burgess - Ms. Burgess spoke in opposition to the proposed action.
3. Bart Sullivan - Mr. Sullivan spoke in opposition to the proposed action.
4. Mary Francis Kelly Poh - Ms. Kelly Poh spoke in opposition to the proposed action.
5. Nikki Basch Davis - Ms. Basch Davis spoke in opposition to the proposed action.
6. Lisa Reinertson - Ms. Reinertson spoke in opposition to the proposed action.
7. Christina Gilpin Hayes - Ms. Gilpin Hayes spoke in opposition to the proposed action.
8. Elizabeth Patterson - Ms. Patterson spoke in opposition to the proposed action.
9. Robert Gordon - Mr. Gordon spoke in opposition to the proposed action.
10. Neema Hekmat - Mr. Hekmat spoke in opposition to the proposed action.
11. Maggie Kolk - Ms. Kolk was undecided about how she feels about combining the commissions.
12. Linda Stevenson Dunlop - Ms. Stevenson Dunlop spoke in opposition to the proposed action.
13. Azadeh Nemat-Gorgani - Ms. Hekmat-Gorgani spoke in opposition to the proposed action.
14. Citizen - the citizen spoke in opposition to the proposed action.
15. Citizen - the citizen spoke in opposition to the proposed action.
Council and Staff discussed concern regarding the proposed action, and support for leaving the Arts & Culture Commission as-is.
Council Member Macenski made a motion to leave the Arts & Culture Commission as-is.
Council Member Birdseye seconded the motion. The motion passed with a 5/0 vote.
Combining the Parks, Recreation & Cemetery Commission and the Human Services Board:
Staff and Council discussed combining the Parks, Recreation & Cemetery Commission and the Human Services Board, and concerns regarding the needs of senior citizens.
6 Public Comment:
1. Maggie Kolk - Ms. Kolk asked for clarification on what the duties of the combined commission would be.
2. Gretchen Burgess - Ms. Burgess discussed concern about bureaucracy and volunteers not being able to do projects around the City.
Council Member Macenski made a motion to go with Staff's recommendation, minus the Arts & Culture Commission, adding in senior services. Council Member Birdseye seconded the vote. The motion passed with a 5/0 vote.
Open Government Commission:
Council and Staff discussed why the Open Government Commission was started, and the proposed changes.
Public Comments:
1. Lori Grundman - Ms. Grundman discussed concerns regarding the proposed changes and the appeal process.
Mario Giuliani, City Manager, and Ben Stock, City Attorney, clarified that the proposed action would be to eliminate Section 13 and 14 of the proposed ordinance.
Ms. Grundman asked for a point of order. Mr. Stock clarified that a member of the public could not ask for a point of order, however Council could reopen public comment to hear additional comments.
Public Comment:
2. Lori Grundman - Ms. Grundman asked for clarification on whether the Open Government would continue to meet.
Council Member Macenski made a motion to approve Staff's recommendations, as amended. The motion was seconded by Council Member Birdseye. The motion passed with a 5/0 vote.
Tax Oversight Board:
Public Comment:
None
Council discussed applying the requirement to report on how much money is coming in and where it is being spent on both Measure F and Measure H, concern about having a city council member on the board, treating Measure H funds the same way Measure C funds were treated (each project done by a resolution), and whether to have one or two council members on the board.
Council Member Birdseye made a motion to go with Staff's recommendations, with a 7- member board, with two council members, and the City Treasurer as the chair. The
7 motion was seconded by Vice Mayor Scott. The vote passed with a 4/1 vote, with Council Member Campbell voting against.
Mr. Giuliani clarified the changes that would be made according to Council's discussion tonight:
1. On the 8th whereas delete reference to BMC 2.104 (Arts & Culture Commission) and referencing the Open Government Commission Section 4.20.020
2. Section 2 in recital - eliminate K
3. Section 6 - delete this section
4. Section 8 - sec. 2.105.020 under qualifications - remove 'such things as' and striking 'Arts & Culture'
5. Section 2.105.030 - Powers and Duties B- remove the words 'Arts & Culture Programs'
6. Section D - eliminate reference to culture and arts organizations
7. Section E - strike it in its entirety
8. Section 9 - adding chapter 2.106 Local Tax Oversight Board
9. Section 2.106.010 Establishment Membership - on final sentence amend A to add 2 members of council, 4 at-large community members
10. sections 13 and 14 - referencing the Open Government Ordinance 4.20.020 - striking both sections in their entirety (so Sections 13 and 14 would go away) Staff Report - Board and Commission Reorganization
1. Proposed Ordinance Amending Title 2 (Administration and Personnel) On motion of Council Member Birdseye, seconded by Mayor Young, Council approved the Introduction and First Reading of the above Ordinance, 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 at 10:36 p.m. continuing the meeting to hear the remaining agenda items, 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 20.B - QUARTERLY POLICY ISSUE REQUESTS FROM COUNCIL (City Manager)
Staff Report - Quarterly Policy Issue Requests from Council Mayor Young reviewed his request.
Public Comment:
None
1. City Council Rules of Procedure
2. Two-Step Request - Mayor Young - Added Transparency for Tax Receipts and City Request for Proposal Process
On motion of Council Member Campbell, seconded by Council Member Birdseye, Council approved placing this item on a future agenda, 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)
20.C - DECLARATION OF EXEMPT SURPLUS LAND FOR SENIOR
CENTER SITE, SITE 13 OF 2023-2031 HOUSING ELEMENT
(Assistant City Manager)
Staff Report - Senior Center Site - Exempt - Surplus Land RESOLUTION NO. 24- 119 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA DECLARING A PORTION OF THE CITY-OWNED PROPERTY LOCATED AT 187 EAST L STREET AS EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221(f)(1)(F) Suzanne Thorsen, Assistant City Manager, Community Development Director, reviewed the staff report.
Council and Staff discussed the difference between exempt surplus land and surplus land, and whether the City could convert back to surplus from exempt surplus if we don't get adequate bids.
Public Comment:
None
1. Resolution Declaring the Senior Center Site as Exempt Surplus Land
9 On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of Resolution 24-119, 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) ADJOURNMENT (9:00 P.M.)
Mayor Young adjourned the meeting at 10:44 p.m.
City Clerk