1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
NOVEMBER 19, 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 TO ORDER (6:00 P.M.)
Mayor Young called the meeting to order at 6:00 p.m.
2) CONVENE OPEN SESSION
3) ROLL CALL
All Council Members were present.
4) PLEDGE OF ALLEGIANCE
5) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
6) ANNOUNCEMENTS
6.A - MAYOR'S OFFICE HOURS
7) PROCLAMATIONS
7.A - PROCLAMATION - NATIVE AMERICAN HERITAGE MONTH
(Equity)
Proclamation - Native American Heritage Month
8) APPOINTMENTS
9) PRESENTATIONS
9.A - PAYMENT PROCESSING SERVICES (Finance Department)
2 10) ADOPTION OF 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)
11) OPPORTUNITY FOR PUBLIC COMMENTS
12) WRITTEN COMMENT
13) PUBLIC COMMENT
1. Lindsay Wray - Ms. Wray provided an update on the Community Sustainability Commission's activities.
14) CONSENT CALENDAR
14.A - MINUTES FROM THE OCTOBER 1, 2024 REGULAR MEETING (City Clerk)
October 1, 2024 City Council Meeting Minutes
Lisa Wolfe, City Clerk, stated that the 10/1/24 minutes that were previously pulled were not amended. The citizen that requested they be pulled to include her comments was looking under Business Items, when in fact they were listed under Presentations.
14.B - SECOND 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)
ORDINANCE NO. 24- 6 - 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
Vice Mayor Scott discussed concern regarding the short notice, and lack of definition of 'seniors'.
3 Mayor Young discussed the outstanding candidates that the appointment subcommittee and he interviewed for the positions. He did not feel it was necessary to continue to interview candidates.
Council Member Macenski suggested improving the notification process for boards and commission openings.
Mario Giuliani, City Manager, discussed the timeline and reasoning for the interviews.
Public Comment:
1. Lori Grundman - Ms. Grundman asked for clarification on why the Open Government Commissioners (OGC) did not have to be a citizen of Benicia.
Council and Staff discussed the reasoning for the commissioner residency requirements.
Staff Report - Board and Commission Reorganization 2nd Reading.pdf
1. Proposed Ordinance Amending Title 2 (Administration and Personnel) On motion of Vice Mayor Scott, seconded by Council Member Birdseye, Council approved the adoption of Ordinance 24-6, 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)
14.C - RESOLUTION TERMINATING THE DECLARATION OF A LOCAL
EMERGENCY FOR RAW WATER TRANSMISSION LINE
INCIDENT (Public Works Director)
RESOLUTION NO. 24 - 120 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA TERMINATING THE DECLARATION OF A LOCAL
EMERGENCY
Council and Staff discussed how much has been spent on security at the site, why security is necessary, why the pipe could not be buried, why the emergency declaration was being terminated, funding for the repair, and the need to stabilize the hillside.
Public Comment:
None
Staff Report - Resolution Terminating Declaration of Local Emergency
1. Resolution Terminating Declaration of Local Emergency
2. Proclamation of Existence of a Local Emergency
On motion of Mayor Young, seconded by Council Member Macenski, Council approved the adoption of Resolution 24-120, on a roll call by the following vote:
4 Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
14.D - ACCEPTANCE OF THE 2024 CITYWIDE PAVEMENT
REHABILITATION AND HIGHWAY SAFETY IMPROVEMENT
PROGRAM CYCLE 11 PEDESTRIAN CROSSING PROJECT (Public
Works Director)
Staff Report - Acceptance of 2024 Pavement Rehabilitation and HSIP Cycle 11 Ped Crossing Project
1. Resolution 2024 Pavement Rehabilitation and HSIP Cycle 11 Pedestrian Crossing Project
2. Notice of Completion
RESOLUTION NO. 24- 121 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA ACCEPTING 2024 CITYWIDE PAVEMENT
REHABILITATION AND HIGHWAY SAFETY IMPROVEMENT PROGRAM
CYCLE 11 PEDESTRIAN CROSSING 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
14.E - ACCEPTANCE OF THE MILITARY WEST 12-INCH WATER MAIN REPLACEMENT PROJECT (Public Works Director)
Staff Report - Acceptance of Military West 12-Inch Water Main Project
1. Resolution Acceptance of Military West 12-Inch Water Main Replacement Project
2. Notice of Completion
RESOLUTION NO. 24- 122 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA ACCEPTING MILITARY WEST 12-INCH WATER
MAIN REPLACEMENT PROJECT AS COMPLETE, AUTHORIZING THE
CITY MANAGER TO SIGN THE NOTICE OF COMPLETION AND
AUTHORIZING THE CITY CLERK TO FILE SAME WITH THE SOLANO COUNTY RECORDER’S OFFICE
14.F - APPROVAL OF FIRST AMENDMENT TO MASTER
PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR
ON-CALL DESIGN SERVICES WITH HALEY & ALDRICH, INC. TO
INCREASE PAYMENT LIMITS (Public Works Director)
Staff Report - Haley & Aldrich, Inc. Amendment to Master Professional Agreement RESOLUTION NO. 24- 123 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING A FIRST AMENDMENT TO MASTER
5 PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR ON-CALL DESIGN SERVICES WITH HALEY & ALDRICH, INC. TO INCREASE
PAYMENT LIMITS AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AMENDMENT ON BEHALF OF THE CITY
Council and Staff discussed why an outside agency is needed to review the City's municipal code.
Public Comment:
None
1. Resolution Approval of First Amendment to Agreement with Haley & Aldrich, Inc.
2. First Amendment to Agreement - Haley & Aldrich, Inc.
3. Original Master Professional Agreement - Haley & Aldrich, Inc.
On motion of Mayor Young, seconded by Council Member Macenski, Council approved the adoption of Resolution 24-123, 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)
14.G - APPROVAL OF FIRST AMENDMENT TO MASTER
PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR
ON-CALL DESIGN SERVICES WITH CULLEN-SHERRY &
ASSOCIATES, INC. TO INCREASE PAYMENT LIMITS (Public
Works Director)
RESOLUTION NO. 24- 124 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING A FIRST AMENDMENT TO MASTER
PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR ON-CALL DESIGN SERVICES WITH CULLEN-SHERRY & ASSOCIATES, INC. TO
INCREASE PAYMENT LIMITS AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AMENDMENT ON BEHALF OF THE CITY
Council and Staff discussed the reasons for the increased contract amounts and increased costs.
Public Comment:
None
Staff Report - Cullen-Sherry & Associates, Inc. Amendment to Master Professional Agreement
1. Resolution First Amendment to Agreement with Cullen-Sherry & Associates, Inc.
2. First Amendment to Agreement Cullen-Sherry & Associates, Inc.
3. Original Master Professional Agreement Cullen-Sherry & Associates, Inc.
6 On motion of Vice Mayor Scott, seconded by Council Member Macenski, Council approved the adoption of Resolution 24-124, 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)
14.H - FY 2024/25 Q1 BUDGET REPORT (Finance Director)
Staff Report - FY25 Q1 Budget Report.pdf
Council and Staff discussed concern regarding placing budget updates on the consent calendar, why General Funds were being used for the low-income and senior discounts, expenditures and revenues, reductions that were made when the budget was adopted, and the current reserve (20%).
Public Comment:
None
1. Cumulative Changes to the FY 24-25 Revised General Fund Budget as of Q1 On motion of Mayor Young, seconded by Council Member Macenski, Council approved, by minute order, the FY 2024/25 Q1 Budget Report, 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)
14.I - APPROVAL OF AGREEMENT WITH UBEO BUSINESS SERVICES
FOR DOCUMENT SCANNING FOR THE CITY MANAGERS OFFICE
AND THE COMMUNITY DEVELOPMENT DEPARTMENT (Assistant
City Manager)
Staff Report - Approval of Agreement with UBEO Business Services RESOLUTION NO. 24- 125 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVAL OF AGREEMENT WITH UBEO
BUSINESS SERVICES FOR DOCUMENT SCANNING FOR THE CITY
MANAGER’S OFFICE AND THE COMMUNITY DEVELOPMENT
DEPARTMENT
Public Comment:
1. Lori Grundman - Ms. Grundman asked for clarification on the reason for the contract and whether it would be an ongoing cost.
7 Council and Staff discussed what records would be scanned and the reason they needed to be scanned.
1. Resolution - Approval of Agreement with UBEO Business Services
2. Agreement with UBEO Business Services
On motion of Council Member Birdseye, seconded by Council Member Macenski, Council approved the adoption of Resolution 24-125, 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)
14.J - AUTHORIZING THE ACCEPTANCE OF LIBRARY ZIP BOOKS
GRANT AND APPROVING THE NECESSARY BUDGET
AMENDMENT (City Librarian)
Staff Report - Acceptance of Library Zip Books Grant
1. Resolution - Acceptance of Library Zip Books Grant
2. Benicia Award Letter - Zip Books Program
RESOLUTION NO. 24- 126 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA AUTHORIZING THE ACCEPTANCE OF LIBRARY “ZIP BOOKS” GRANT AND APPROVING THE NECESSARY BUDGET
AMENDMENT
14.K - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
Council pulled items 14.B, 14.C, 14.F, 14.G, 14.H, and 14.I 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)
8 15) BUSINESS ITEMS
15.A - PROVIDE DIRECTION TO STAFF REGARDING ARTS AND
CULTURE COMMISSION PUBLIC ART PROJECT TO RECOGNIZE
AND HONOR LGBTQ+ COMMUNITY (Community Services Director) Jennifer Baker, Librarian, reviewed the staff report.
Council and Staff discussed the issue of potential road repairs, doing a mural vs. a crosswalk, possibly placing the walkway on the path beside the library, why a mural was proposed, and the quality and cost of thermal plastic.
Public Comment:
1. Christina Gilpin-Hayes - Ms. Gilpin-Hayes spoke in support of a crosswalk and a mural.
2. Elaine Eger - Ms. Eger discussed the need for the interactive piece and the accessibility piece to be included.
3. Lori Grundman - Ms. Grundman spoke in support of the crosswalk or mural.
Council Member Macenski discussed support for a crosswalk and various possible locations for it.
Council Member Birdseye discussed support for both a mural and a crosswalk and putting the crosswalk in a highly visible area. She requested that the motion should include both the mural and the crosswalk in a highly trafficked area. If the community can raise a good amount for both projects the city should contribute towards the crosswalk.
Council discussed the issue of funding for the projects and possible locations for the mural, having the commission bring location opportunities for the mural and crosswalk, the need to consult with other city departments on locations, Council Member Campbell made a motion to give direction to Staff to investigate the possibility of a diversity mural on the wall of the fire station, and if there are roadblocks, come back to council for direction, and to examine opportunities for a rainbow crosswalk in the future. The motion was seconded by Vice Mayor Scott.
Staff Report - Requesting Direction for LGBTQ Art Project On motion of Council Member Campbell, seconded by Vice Mayor Scott, Council approved giving direction to Staff to investigate the possibility of a diversity mural on the wall of the fire station, and if there are roadblocks, come back to council for direction, and to examine opportunities for a rainbow crosswalk in the future, on a roll call by the following vote:
9 Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
15.B - INTRODUCTION AND FIRST READING OF PROPOSED
AMENDMENTS TO THE BENICIA MUNICIPAL CODE TITLE 17
(ZONING) TO UPDATE DENSITY BONUS ORDINANCE BMC
SECTION 17.70.270 (Assistant City Manager)
ORDINANE 24- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING SECTION 17.70.270 (AFFORDABLE HOUSING
DENSITY BONUS AND OTHER INCENTIVES) OF CHAPTER 17.70
(GENERAL REGULATIONS) OF TITLE 17 ZONING OF THE BENICIA MUNICIPAL CODE (BMC) TO IMPLEMENT PROGRAM 1.11 OF THE 2023 2031 HOUSING ELEMENT
Jason Hade, Planning Manager, reviewed the staff report.
Council and Staff discussed the issue of land donations, staff's recommendations being consistent with ABAG and case/state law.
Public Hearing Opened'
Public Comment:
None
Public Hearing Closed
Staff Report - Density Bonus Ordinance Update
1. Draft Ordinance - Amending Section 17.70.270 Benicia Zoning Ordinance (Title 17)
2. Planning Commission Resolution with Exhibit A - Zoning Text Amendments
3. Draft Planning Commission Meeting Minutes, October 10, 2024 On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the Introduction and First Reading of the above Ordinance, 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)
15.C - WATER AND SEWER CAPACITY FEE UPDATE (Public Works Director)
Staff Report - Water and Wastewater Capacity Fee Update
10 RESOLUTION NO. 24 - 127 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA SETTING UPDATED CHARGES FOR WATER
SYSTEM CAPACITY FEE (BENICIA MUNICIPAL CODE SECTION 13.12.050)
AND SEWER SYSTEM CAPACITY FEES (BENICIA MUNICIPAL CODE
SECTION 13.52.040)
Danielle Bonham, Public Works Director, reviewed the staff report and a PowerPoint presentation.
Council and Staff discussed how typical the 90% recovery is, and whether ADU's could be pulled out of the recommendations (not recommended).
Public Comment:
None
1. Resolution - Water and Wastewater Capacity Fee Update
2. 2020 Water & Wastewater Capacity Fee Update - Bartle Wells Associates - November 2020
3. Supplement to 2020 Water & Wastewater Capacity Fee Update - Bartle Wells Associates - October 31, 2024
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved, the adoption of Resolution 24-127, 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) COUNCIL MEMBER COMMITTEE REPORTS:
16.A - COUNCIL MEMBER COMMITTEE REPORTS
Council Member Committee Reports
17) ADJOURNMENT (9:00 P.M.)
Mayor Young adjourned the meeting at 8:18 p.m.
City Clerk