1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
SEPTEMBER 16, 2025
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.
COURTESY ZOOM PARTICIPATION
1) CALL TO ORDER (6:00 P.M.)
Vice Mayor Macenski called the meeting to order at 6:03 p.m. 2) CONVENE OPEN SESSION
3) ROLL CALL
Present: Council Member Birdseye, Council Member Largaespada, Vice Mayor Macenski, Council Member Scott
Absent: Mayor Young
4) PLEDGE OF ALLEGIANCE
5) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
6) ANNOUNCEMENTS
6.A Mayor Young will be out of office. In his absence, Vice Mayor Macenski is maintaining open office hours on Monday, September 15, 2025 in the Mayor's office of City Hall from 4:30 to 6:00 p.m. No appointment is necessary. Other meeting times may be scheduled through City Hall by calling 707-746-4200.
In October, Mayor Young will resume an open office on the first and third Mondays of the month (except holidays) in the Mayor's office of City Hall from 4:30 to 6:00 p.m. No appointment is necessary. Other meeting times may be scheduled through City Hall by calling 707-746-4200.
7) PROCLAMATIONS
7.A PROCLAMATION - HISPANIC HERITAGE MONTH
Proclamation - Hispanic Heritage Month
7.B PROCLAMATION - ROBERT ARNESON'S 95TH BIRTHDAY
2 Proclamation - Robert Arneson's 95th Birthday
8) APPOINTMENTS
9) PRESENTATIONS
10) ADOPTION OF AGENDA
Mario Giuliani, City Manager, stated that there was a significant break in the water line on Goodyear Road. Due to the urgency and the emergency repair, this item would be added to the agenda and heard as the first business item.
On motion of Council Member Birdseye, seconded by Council Member Scott, Council approved the Adoption of the Agenda, as amended, adding the urgent waterline repair to the business items, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Largaespada, Vice Mayor Macenski, Council Member Scott
Noes: (None)
11) OPPORTUNITY FOR PUBLIC COMMENTS
12) WRITTEN COMMENT
13) PUBLIC COMMENT
1. Keith Deirup - Mr. Deirup discussed concern regarding the City's flags being flown at half-staff to recognize the murder of Charlie Kirk.
2. Marilyn Bardet - Ms. Bardet discussed concern regarding the lack of transparency with regards to the closure of the Valero refinery.
3. Rachel Bogwood - Ms. Bogwood discussed the amazing achievements of the Community Services Department.
4. Citizen - the citizen agreed the flag should not be flown at half-staff for Charlie Kirk.
5. Andre Stewart - Mr. Stewart discussed his support for the Citizen's Academy that is being run by the Police Department.
14) CONSENT CALENDAR
Council pulled item 14.B for discussion.
14.A MINUTES FROM THE AUGUST 5, 2025 AND AUGUST 19, 2025
SPECIAL AND REGULAR MEETINGS
August 5, 2025 Special Meeting Minutes
August 5, 2025 Regular Meeting Minutes
August 19, 2025 Special City Council Meeting Minutes
August 19, 2025 Regular Meeting Minutes
3 14.B MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF
BENICIA AND BENICIA UNIFIED SCHOOL DISTRICT
TERMINATING THE GROUND LEASE AT BENICIA MIDDLE
SCHOOL, ESTABLISHING SHORT TERM FIELD MAINTENANCE
REQUIREMENTS, AND SECURING HIGH SCHOOL SWIM SPACE
AT JAMES LEMOS SWIM CENTER
RESOLUTION NO. 25- 107 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF BENICIA AND BENICIA
UNIFIED SCHOOL DISTRICT TERMINATING THE GROUND LEASE AT
BENICIA MIDDLE SCHOOL, ESTABLISHING SHORT TERM FIELD
MAINTENANCE REQUIREMENTS, AND SECURING HIGH SCHOOL SWIM
SPACE AT JAMES LEMOS SWIM CENTER
Council and Staff discussed the pool being open to the public in February and March, the early exit fee, the terms going until 2030, and what would happen if the pool heater broke and couldn't be repaired.
Public Comment:
1. Lori Grundman - Ms. Grundman asked if the MOU would have any impact on the PLAAD.
Staff Report - BMS Field Termination Agreement
1. Resolution - BMS Field Termination Agreement
2. BMS Field Termination Agreement
3. BUSD 99-Year Lease Agreement
On motion of Council Member Scott, seconded by Council Member Birdseye, Council approved the adoption of Resolution 25-107, as presented, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Largaespada, Vice Mayor Macenski, Council Member Scott
Noes: (None)
14.C APPROVAL OF AN AMENDMENT TO TASK ORDER NO. 2 AND
INCREASED CONSTRUCTION CONTINGENCY AMOUNT FOR
THE 2025 CITYWIDE PAVEMENT REHABILITATION AND
BICYCLE/PEDESTRIAN IMPROVEMENTS PROJECT
Staff Report - Budget Amendment - 2025 Citywide Pavement Rehabilitation Project
1. Resolution - Budget Amendment - 2025 Citywide Pavement Rehabilitation Project
4 2. Amendment to Task Order 2 2025 Citywide Pavement Rehabilitation Project
3. Task Order No. 2 UNICO
4. Original Master Professional Agreement and Amendments UNICO RESOLUTION NO. 25- 108 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVAL OF AN AMENDMENT TO TASK ORDER NO. 2, AND AN INCREASED CONSTRUCTION CONTINGENCY AMOUNT FOR THE 2025 CITYWIDE PAVEMENT REHABILITATION AND
BICYCLE/PEDESTRIAN IMPROVEMENTS PROJECT
14.D ACCEPTANCE OF THE CITY HALL TENANT IMPROVEMENT
PROJECT AND APPROVING A BUDGET AMENDMENT (Public
Works Director)
Staff Report - Acceptance of City Hall Tenant Improvement Project
1. Resolution - Acceptance of City Hall Tenant Improvement Project
2. Notice of Completion
RESOLUTION NO. 25- 109 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA ACCEPTING CITY HALL TENANT IMPROVEMENT
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 AND
APPROVING A BUDGET AMENDMENT
14.E APPROVAL OF AMENDMENT TO AGREEMENT WITH LARRY
WALKER ASSOCIATES, INC. FOR REGULATORY SUPPORT FOR
STORMWATER PERMIT COMPLIANCE
Staff Report - Amendment to Agreement - Larry Walker Associates
1. Resolution - Amendment to Agreement - Larry Walker Associates
2. Amendment to Agreement - Larry Walker Associates
3. Original Agreement - Larry Walker Associates
RESOLUTION NO. 25- 110 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING AN AMENDMENT TO AGREEMENT WITH LARRY WALKER ASSOCIATES, INC. FOR REGULATORY SUPPORT
FOR STORMWATER PERMIT COMPLIANCE, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE AMENDMENT ON BEHALF OF THE
CITY
5 14.F RESPONSE TO CIVIL GRAND JURY REPORT - BENICIA BUDGET
DEFICIT
Staff Report Civil Grand Jury Response
1. Proposed Response Letter
2. 2024-2025 Civil Grand Jury Report
14.G APPROVING A CHANGE OF NAME FOR FIELD 5 AT BENICIA
COMMUNITY PARK TO "MICHAEL'S FIELD"
Staff Report - Field 5 Renaming
1. Resolution - Renaming Field 5 at Benicia Community Park
2. Resolution 14-141: Facility Naming Policy
3. Letter from Family of Michael Vincent Lopretta
4. Community Services Commission Recommendation for Approval RESOLUTION NO. 25- 111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA APPROVING A CHANGE OF NAME FOR FIELD 5 AT BENICIA COMMUNITY PARK TO “MICHAEL’S FIELD”
14.H APPROVAL OF SECOND AMENDMENT TO PUBLIC PRIVATE
PARTNERSHIP AGREEMENT FOR ALS FIRST RESPONDER
EMERGENCY SERVICES
Staff Report - Approval of Second Amendment to PPP Agreement
1. Resolution - Approval of Second Amendment to PPP Agreement
2. Second Amendment to PPP Agreement
3. Exhibit C - Quarterly Payment to Participating Member Cities
4. 2010 PPP Agreement
RESOLUTION NO. 25- 112 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING THE SECOND AMENDMENT OF THE
PUBLIC PRIVATE PARTNERSHIP AGREEMENT FOR ALS FIRST
RESPONDER EMERGENCY SERVICES BETWEEEN THE CITIES OF
BENICIA, FAIRFIELD, DIXON, VALLEJO, AND SUISUN (MEMBER CITIES) AND MEDIC AMBULANCE SERVICE, INC. AND AUTHORIZING THE CITY
MANAGER TO SIGN THE AMENDMENT ON BEHALF OF THE CITY
14.I APPROVAL OF UPDATED MUTUAL AID AGREEMENT BETWEEN
THE CITY OF BENICIA AND TRAVIS AIR FORCE BASE FOR FIRE
EMERGENCY SERVICES
Staff Report - Mutual Aid Agreement with Travis Air Force Base
1. Resolution - Approving Updated Mutual Aid Agreement with Travis AFB
2. Updated Mutual Aid Agreement with Travis AFB
3. 2018 Mutual Aid Agreement with Travis AFB
6 RESOLUTION NO. 25- 113 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING THE UPDATED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF BENICIA AND TRAVIS AIR FORCE
BASE FOR FIRE AND EMERGENCY SERVICES AND AUTHORIZING THE
CITY MANAGER AND FIRE CHIEF TO EXECUTE THE AGREEMENT ON
BEHALF OF THE CITY
14.J APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
TRB AND ASSOCIATES FOR FIRE PLAN REVIEW AND
INSPECTION SERVICES
Staff Report - Approval of Fire Prevention Services Agreement with TRB
1. Resolution - Approval of Fire Prevention Services Agreement with TRB
2. Fire Prevention Services Agreement with TRB
RESOLUTION NO. 25- 114 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING A PROFESSIONAL SERVICES
AGREEMENT WITH TRB AND ASSOCIATES, INC. FOR FIRE PLAN CHECK
AND INSPECTION SERVICES AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY
14.K FY 2024/25 FOURTH QUARTER INVESTMENT REPORT
Staff Report - FY 2024-25 Fourth Quarter Investment Report
1. FY 2024-25 Fourth Quarter Investment Report
2. LAIF Statement Ending June 30
3. CAMP Statement Ending June 30
4. 115 Trust Statement Ending June 30
14.L AUTHORIZING THE ACCEPTANCE OF NLS TRAINING
ALLOCATION AND LIBRARY "ZIP BOOKS" GRANT AND
APPROVING THE NECESSARY BUDGET AMENDMENTS
Staff Report - Acceptance of NLS Training Allocation and Library Zip Books Grant
1. Resolution - Acceptance of NLS Training Allocation and Library Zip Books Grant
2. NorthNet Library System Proposed Budget FY2025-26
3. Benicia Award Letter - Zip Books Program
RESOLUTION NO. 25- 115 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA AUTHORIZING THE ACCEPTANCE OF NLS
TRAINING ALLOCATION AND LIBRARY “ZIP BOOKS” GRANT AND
APPROVING THE NECESSARY BUDGET AMENDMENTS
14.M APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA
7 On motion of Council Member Birdseye, seconded by Council Member Scott, Council approved the adoption of the Consent Calendar, as amended, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Largaespada, Vice Mayor Macenski, Council Member Scott
Noes: (None)
15) BUSINESS ITEMS
URGENT/EMERGENCY REPAIR OF THE MAJOR WATER LINE BREAK ON
GOODYEAR ROAD
Danielle Bonham, Public Works Director, reviewed the urgent/emergency situation. On September 12, 2025, a major water line break was identified on the City’s primary raw water line along Goodyear Road. Without prompt repair, the City has lost access to its two primary water sources. Public Works has switched to its only alternative water source, Lake Herman, which has a limited supply. Given the urgency of the situation, it was determined that emergency repairs to the Goodyear Road water line is necessary to ensure continued access to water for the community. In accordance with Benicia Municipal Code Section 3.09.050, Public Works has taken immediate action by entering into a contract with Weber General Engineering Inc. to perform the emergency repairs, bypassing the standard competitive bidding process due to the urgent nature of the work. The repair is scheduled to begin tomorrow. Proceeding with competitive bidding under the Public Contract Code at this time would cause delays that pose a significant risk of the City being without water in the immediate future. Therefore, emergency procurement is substantially justified. In compliance with Section 3.09.050.C, we are now presenting this matter to the City Council for ratification of the emergency declaration and the actions taken
Council and Staff discussed the proposed contractor, the not-to-exceed amount of $199,000, and the frequency of water line breaks.
Public Comment:
1. Lori Grundman - Ms. Grundman asked if there would be mandatory water conservation requirements.
On motion of Council Member Birdseye, seconded by Council Member Scott, Council approved authorizing Staff to continue the contract that has been started by Staff under their authority, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Largaespada, Vice Mayor Macenski, Council Member Scott
Noes: (None)
8 15.A CALL FOR REVIEW OF PLANNING COMMISSION APPROVAL OF A USE PERMIT TO ESTABLISH A YOUTH CENTER AT 1155 WEST
10TH STREET (PLN-25-10)
RESOLUTION NO. 25- 116 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA UPHOLDING THE DECISION OF THE PLANNING
COMMISSION AND APPROVING A USE PERMIT FOR A YOUTH CENTER AND A REDUCTION IN REQUIRED PARKING AT 1155 WEST TENTH
STREET (PLN-25-10)
Suzanne Thorsen, Assistant City Manager, and Jason Hade, Project Manager, reviewed the staff report and a PowerPoint presentation.
Council and Staff discussed the issue of parking, the exterior staircase, the interior elevator, whether the use permit falls under commercial uses, storage, privacy screening, conditions of approval, ADA parking requirement, traffic study, occupancy, use permits, pedestrian traffic/safety, conversion of type of use for the property, net loss housing rules, and landscaping.
Council disclosed exparte communications.
Applicant - Barbara Gervase, Kyle Hyland Foundation (KHF):
Ms. Gervase discussed the KHF, the services they provide, and the proposed new location.
Council and Staff discussed the issue of property taxes, and clarification on the requirements of the grant.
Public Comment:
1. Eli Nolan, representing 5 neighbors opposing the proposed project - Mr. Nolan discussed support for the Kyle Hyland Foundation, concerns regarding the major real estate conversion that would take place if this project were to proceed. It is not a compatible use in the neighborhood.
2. Emma Melvin - Ms. Melvin spoke in support of the proposed project.
3. Debbie Weiss - Ms. Weiss spoke in opposition to the proposed project.
4. Carol King - Ms. King spoke in opposition to the proposed project.
5. Daphne Forbes - Ms. Forbes spoke in opposition to the proposed project.
6. Kathy Valente - Ms. Valente spoke in opposition to the proposed project.
7. Ed Curtis - Mr. Curtis spoke in opposition to the proposed project.
8. Kerry Ahern - Ms. Ahern spoke in support of the proposed project.
9. John Divicenzo - Mr. Divicenzo spoke in opposition to the proposed project.
10. Tony Yarnell - Ms. Yarnell spoke in support of the proposed project.
11. Sandra Bigelow - Ms. Bigelow spoke in opposition to the proposed project.
12. Stephen Clifford - Mr. Clifford spoke in support of the proposed teen center.
13. David Horn - Mr. Horn spoke in support of the proposed project.
14. Sandy Kleinschmidt - Ms. Kleinschmidt spoke in opposition to the proposed project.
9 15. Jenn Raven - Ms. Raven spoke in opposition to the proposed project.
16. Marilyn Bardet - Ms. Bardet spoke in support of the proposed project.
17. Andre Stewart - Mr. Stewart spoke in support of the proposed project.
18. Patrick Cardwell - Mr. Cardwell spoke in support of the proposed project.
19. Anne Cardwell - Mrs. Cardwell spoke in support of the proposed project.
20. Betty Lucas - Ms. Lucas spoke in support of the proposed project.
21. Cindy Soulier - Ms. Soulier spoke in support of the proposed project.
22. Mark Pappas - Mr. Pappas spoke in opposition to the proposed project.
23. Maggie Kolk - Ms. Kolk spoke in support of the proposed project.
24. Sheri Leigh - Ms. Leigh spoke in support of the proposed project.
25. Jesse Zitrin - Mr. Zitrin spoke in support of the proposed project.
26. Laurie Espinoza - Ms. Espinoza spoke in support of the proposed project.
27. Christina Gilpin Hayes - Ms. Gilpin Hayes discussed the Planning Commission's approval of the project.
28. Kathy Bennett - Ms. Bennett spoke in support of the proposed project.
29. Loa Kirkbride Goodman - Ms. Kirkbride Goodman spoke in opposition to the proposed project.
30. Stephen Austin Welch - Mr. Austin Welch spoke in opposition to the proposed project.
31. Paul Reeve - Mr. Reeve spoke in opposition to the proposed project.
32. Lori Grundman - Ms. Grundman spoke in support of the proposed project.
33. Rod Sherry - Mr. Sherry discussed the land use aspects of the project.
34. Brianna - Brianna spoke in support of the proposed project.
35. Kathy Kerridge - Ms. Kerridge spoke in support of the proposed project.
36. Justine Pastorino - Ms. Pastorino discussed support for the Kyle Hyland Foundation, however had questions on the zoning issue.
37. Niki Tata - Ms. Tata spoke in support of the proposed project.
Rebuttal:
Ms. Gervase discussed what was up for review tonight, all of the positive things the KHF does and will do for the community. and asked the City for their support.
Council and Staff discussed the issue of the elevator, what would happen to the use permit if KHF left the site, other uses permitted in the proposed zone, smoking, code compliance with the fire sprinklers, clarification on the use permit in a single family residential zone, clarification on the CEQA exemption, privacy, retaining wall, and the handout that a citizen provided.
Vice Mayor Macenski asked for a two-minute break so the applicant could review the handout.
Council and Staff discussed the proposed project and the decision that was before them.
Council voted 4/0 in support of upholding the Planning Commission's decision.
Staff Report - Call for City Council Review (1155 West 10th Street)
1. Resolution - Upholding Planning Commission Decision (1155 West 10th Street)
2. Resolution - Overturning Planning Commission Decision (1155 West 10th Street)
10 3. Planning Commission Staff Report with Attachments
4. Draft Planning Commission Meeting Minutes of August 14, 2025
5. Adopted Planning Commission Resolution 25-3 with Exhibits
6. KHF Request for Clarification of Conditions
7. City Council Call for Review Request
On motion of Council Member Largaespada, seconded by Council Member Scott, Council approved the adoption of Resolution 25-116, upholding the Planning Commission's approval of the Use Permit application for 1155 West 10th Street after a public hearing and determination that the project is exempt from CEQA, as presented, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Largaespada, Vice Mayor Macenski, Council Member Scott
Noes: (None)
On motion of Vice Mayor Macenski, seconded by Council Member Birdseye, Council approved at 10:42 p.m., continuing all remaining agenda items to the next meeting, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Largaespada, Vice Mayor Macenski, Council Member Scott
Noes: (None)
16) CITY COUNCIL TASK FORCE GROUPS: ADVOCACY, COLLABORATION
AND TRANSITION (ACT)
16.A AD HOC "ACT" TASK FORCE GROUPS UPDATES
Continued to the next meeting.
17) COUNCIL MEMBER COMMITTEE REPORTS:
17.A COUNCIL MEMBER COMMITTEE REPORTS
Continued to the next meeting.
18) ADJOURNMENT (8:00 P.M.)
Vice Mayor Macenski adjourned the meeting at 10:42 p.m.
City Clerk