City Council

1 MINUTES OF THE REGULAR MEETING – CITY COUNCIL JUNE 23, 2026 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. 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 7) PROCLAMATIONS 8) APPOINTMENTS 9) PRESENTATIONS 9.A ARTS AND CULTURE COMMISSION REPORT 10) ADOPTION OF AGENDA On motion of Vice Mayor 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 Largaespada, Vice Mayor Macenski, Council Member Scott, Mayor Young Noes: (None) 11) OPPORTUNITY FOR PUBLIC COMMENTS 12) WRITTEN COMMENT

2 13) PUBLIC COMMENT 1. Michael Hayes - Mr. Hayes discussed the presentation by Signature Developers regarding the Valero property. 2. Ricky Waddel Green - Mr. Green discussed the issue of people living in their cars. 14) CONSENT CALENDAR 14.A MIDCYCLE CARRYOVER BUDGET DELEGATED AUTHORITY FOR FISCAL YEAR 2026/27 Staff Report - Delegated Authority FY2026-27 1. Resolution - Midcycle Delegated Authority for Fiscal Year 2026-27 RESOLUTION NO. 26- 67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA AUTHORIZING THE ADMINISTRATIVE SERVICES DIRECTOR DELEGATED AUTHORITY TO MAKE FISCAL YEAR 2026/27 CARRYOVER BUDGET AMENDMENTS 14.B APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA On motion of Vice Mayor Macenski, seconded by Council Member Birdseye, Council approved the adoption of the Consent Calendar, as presented, on a roll call by the following vote: Ayes: Council Member Birdseye, Council Member Largaespada, Vice Mayor Macenski, Council Member Scott, Mayor Young Noes: (None) 15) BUSINESS ITEMS 15.A SECOND PUBLIC HEARING ON TERMS OF A PROPOSED LIMITED CHARTER FOR THE CITY OF BENICIA AND POLICY DIRECTION FOR THE STRUCTURE OF A PROPOSED REAL PROPERTY TRANSFER TAX Staff Report - Proposed Limited Charter and RPTT Ballot Measures Mario Giuliani, City Manager, and Michael Perkins, Baker Tilly, reviewed the staff report and a PowerPoint presentation. Council and Staff discussed the staff report and asked clarifying questions. Public Hearing Opened

3 Public Comment: 1. Allison Costelow - Ms. Costelow spoke in support of the proposed ballot measures. 2. Michael Hayes - Mr. Hayes discussed concerns regarding the proposed ballot measures. 3. Council Member Birdseye - Council Member Birdseye stated she received a text from Lori Grundman stating her support for the $2 million threshold. Ms. Grundman was having technical difficulties using the Zoom feature. Public Hearing Closed Council majority preferred setting the exemption threshold at $2 million and exempting affordable housing units if they are deed restricted. Council directed staff to proceed with the suggested changes. 1. Draft Ordinance - Establishing the City of Benicia as a Charter City On motion of Mayor Young, seconded by Vice Mayor Macenski, Council approved the proposed RPTT structure for placement on the November 3, 2026, ballot, with the exemption threshold set at $2 million and exempting deed restricted for sale affordable housing units, on a roll call by the following vote: Ayes: Council Member Birdseye, Vice Mayor Macenski, Council Member Scott, Mayor Young Noes: Council Member Largaespada 15.B ANNUAL PERFORMANCE REVIEW AND EVALUATION - INDUSTRIAL HEALTH AND SAFETY ORDINANCE Josh Chadwick, Fire Chief, reviewed the staff report and a PowerPoint presentation. Council and Staff discussed clarifying questions. Public Comment: None Council approved the proposed amendments with the additional potential amendments incorporating feedback regarding incorporating the Valero Community Advisory Panel as a standing agenda item to address potential health and safety issues with remediation and directing staff to bring the amendments back at a future date. Staff Report - Annual Review and Evaluation - Industrial Health and Safety Ordinance 1. ISO Annual Performance Review and Evaluation Report 2. Proposed Amendments to BMC Section 8.55.090 3. Proposed Amendments to BMC Section 8.55.220 On motion of Council Member Birdseye, seconded by Mayor Young, Council received the Annual Performance Review and Evaluation Report for the City's Industrial Health

4 and Safety program and gave additional direction to Staff regarding the Valero Community Advisory Panel, on a roll call by the following vote: Ayes: Council Member Birdseye, Council Member Largaespada, Vice Mayor Macenski, Council Member Scott, Mayor Young Noes: (None) 15.C AWARD OF CONSTRUCTION CONTRACT, APPROVAL OF AGREEMENT AMENDMENTS AND TASK ORDER, AUTHORIZE A RELEASE OF RESERVE COMMITMENT FOR CAPITAL AND MAINTENANCE PROJECTS DESIGNATION, APPROVE NECESSARY BUDGET AMENDMENTS, AND APPROVE A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE BENICIA MARINA BREAKWATER REPAIRS PROJECT RESOLUTION NO. 26- 68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA ACCEPTING THE BIDS FOR THE MARINA BREAKWATER REPAIRS PROJECT, AWARDING THE CONSTRUCTION CONTRACT, INCLUDING BID ALTERNATE 1, TO POWER ENGINEERING CONSTRUCTION COMPANY OF ALAMEDA, CA AUTHORIZING THE PROJECT MANAGER TO SIGN CONTRACT CHANGE ORDERS UP TO THE 15% CONTINGENCY, APPROVAL OF AGREEMENT AMENDMENTS AND TASK ORDER NO. 3, AUTHORIZE A RELEASE OF RESERVE COMMITMENT FOR CAPITAL AND MAINTENANCE PROJECTS DESIGNATION, APPROVE NECESSARY BUDGET AMENDMENTS, AND APPROVE A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE MARINA BREAKWATER REPAIRS PROJECT AND AUTHORIZING THE CITY MANAGER OR ADMINISTRATIVE SERVICES DIRECTOR TO SIGN THE CONSTRUCTION CONTRACT AND AGREEMENT AMENDMENTS ON BEHALF OF THE CITY Derek Lindsley, Associate Civil Engineer, reviewed the staff report and a PowerPoint presentation. Council and Staff discussed clarifying questions. Public Comment: None Staff Report - Award of Contract for Marina Breakwater Repairs 1. Resolution - Award of Contract for Marina Breakwater Repairs 2. Agreement - Power Engineering Construction 3. GFT Amendment to Agreement Benicia Breakwater Repairs 4. GFT Original Agreement Marina Breakwater Repairs 5. UNICO Third Amendment Master Professional Agreement Marina Breakwater Repairs

5 6. Master Professional Agreement and Amendments 1 and 2 with UNICO 7. UNICO Task Order No. 3 Marina Breakwater Repairs 8. Notice of Exemption - Marina Breakwater Repairs On motion of Mayor Young, seconded by Council Member Birdseye, Council approved the adoption of Resolution 26-68, as presented, on a roll call by the following vote: Ayes: Council Member Birdseye, Council Member Largaespada, Council Member Scott, Mayor Young Noes: Vice Mayor Macenski 16) ADJOURNMENT (8:00 P.M.) Mayor Young adjourned the meeting at 8:33 p.m. City Clerk

BENICIA CITY COUNCIL CITY COUNCIL MEETING AGENDA June 23, 2026 6:00 PM Benicia City Hall, Council Chambers 250 East L Street, Benicia, CA 94510 1. CALL TO ORDER (6:00 P.M.) 2. CONVENE OPEN SESSION 3. ROLL CALL 4. PLEDGE OF ALLEGIANCE 5. REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC The fundamental rights of each member of the public can be found in the municipal code posted on the City's website and on a plaque that is posted at the entrance to this meeting per section 4.04.030 of the City of Benicia's Open Government Ordinance. 6. ANNOUNCEMENTS 7. PROCLAMATIONS 8. APPOINTMENTS 9. PRESENTATIONS 9.A ARTS AND CULTURE COMMISSION REPORT 10. ADOPTION OF AGENDA 11. OPPORTUNITY FOR PUBLIC COMMENTS How to Submit Public Comments for this City Council meeting: Besides appearing in person and offering public comments, members of the public may provide public comment via Zoom, or to the City Clerk by email at lwolfe@ci.benicia.ca.us. Any comment submitted to the City Clerk should indicate to which item of the agenda the comment relates to. Specific information follows: - Comments received by 2:00 pm on the day of the meeting will be electronically forwarded to the City Council and posted on the City's website. COURTESY ZOOM PARTICIPATION https://us02web.zoom.us/j/88508047557?pwd=cHRsZlBrYlphU3pkODcycytmcFR2UT09 Meeting ID: 885 0804 7557 Password: 449303 Phone: 1 669 900 9128 1

12. WRITTEN COMMENT 13. PUBLIC COMMENT 14. CONSENT CALENDAR Items listed on the Consent Calendar are considered routine and will be enacted, approved or adopted by one motion unless a request for removal or explanation is received from a Council Member, Staff or member of the public. Items removed from the Consent Calendar shall be considered immediately following the adoption of the Consent Calendar. 14.A MIDCYCLE CARRYOVER BUDGET DELEGATED AUTHORITY FOR FISCAL YEAR 2026/27 RECOMMENDED ACTION: Move to adopt a resolution (Attachment 1) authorizing the Administrative Services Director delegated authority to administratively make amendments to the fiscal year 2026/27 budget for the carryover of unspent fiscal year 2025/26 appropriations for capital projects, capital procurements, and contractual obligations entered into before June 30, 2026 where sufficient appropriations are not included in the fiscal year 2026/27 budget. 14.B APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA 15. BUSINESS ITEMS 15.A SECOND PUBLIC HEARING ON TERMS OF A PROPOSED LIMITED CHARTER FOR THE CITY OF BENICIA AND POLICY DIRECTION FOR THE STRUCTURE OF A PROPOSED REAL PROPERTY TRANSFER TAX RECOMMENDED ACTION: There are two recommendations associated with this item: 1. Conduct the second of two public hearings regarding the proposed terms of the limited charter as required by Government Code Section 34458, prior to the measure's placement on the November 3, 2026, ballot; and 2. Provide final direction, by motion, regarding the proposed RPTT structure for placement on the November 3, 2026, ballot. 15.B ANNUAL PERFORMANCE REVIEW AND EVALUATION - INDUSTRIAL HEALTH AND SAFETY ORDINANCE RECOMMENDED ACTION: Receive the Annual Performance Review and Evaluation Report for the City's Industrial Health and Safety program and provide feedback on potential ordinance amendments. Staff Report - Delegated Authority FY2026-27 1. Resolution - Midcycle Delegated Authority for Fiscal Year 2026-27 Staff Report - Proposed Limited Charter and RPTT Ballot Measures 1. Draft Ordinance - Establishing the City of Benicia as a Charter City Staff Report - Annual Review and Evaluation - Industrial Health and Safety Ordinance 1. ISO Annual Performance Review and Evaluation Report 2

15.C AWARD OF CONSTRUCTION CONTRACT, APPROVAL OF AGREEMENT AMENDMENTS AND TASK ORDER, AUTHORIZE A RELEASE OF RESERVE COMMITMENT FOR CAPITAL AND MAINTENANCE PROJECTS DESIGNATION, APPROVE NECESSARY BUDGET AMENDMENTS, AND APPROVE A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE BENICIA MARINA BREAKWATER REPAIRS PROJECT RECOMMENDED ACTION: Adopt a resolution (Attachment 1) accepting the bids for the Benicia Marina Breakwater Repairs Project, awarding the construction contract including Bid Alternate 1 to Power Engineering Construction Company of Alameda, CA in the amount of $3,082,518.00 (Attachment 2), authorizing the Project Manager to sign Contract Change Orders up to the 15% Contingency, approving an amendment (Attachment 3) to agreement (Attachment 4) with GFT Infrastructure, Inc., in the amount of $78,800, approving a third amendment (Attachment 5) to the Master Professional agreement with UNICO Engineering (Attachment 6) for Task Order No. 3 (Attachment 7) in the amount of $540,183.38, authorizing the City Manager or Administrative Services Director to sign the contracts on behalf of the City, authorizing the release of $3,313,880 from the Commitment for Capital / Maintenance Projects (4/5 vote required, or a majority if not all five Council members are present), approving the necessary budget amendments, and approving a Notice of Exemption (NOE) (Attachment 8) under the California Environmental Quality Act (CEQA) Guidelines. 16. ADJOURNMENT (8:00 P.M.) 2. Proposed Amendments to BMC Section 8.55.090 3. Proposed Amendments to BMC Section 8.55.220 Staff Report - Award of Contract for Marina Breakwater Repairs 1. Resolution - Award of Contract for Marina Breakwater Repairs 2. Agreement - Power Engineering Construction 3. GFT Amendment to Agreement Benicia Breakwater Repairs 4. GFT Original Agreement Marina Breakwater Repairs 5. UNICO Third Amendment Master Professional Agreement Marina Breakwater Repairs 6. Master Professional Agreement and Amendments 1 and 2 with UNICO 7. UNICO Task Order No. 3 Marina Breakwater Repairs 8. Notice of Exemption - Marina Breakwater Repairs 3

Public Participation The City of Benicia welcomes your interest and involvement in the City's legislative process. Persons wishing to address the Council, Board, Commission or Committee (CBCC) are asked to voluntarily complete a speaker request form, available at the entrance of Council Chambers, and submit it to the meeting Secretary/City Clerk. Speakers, addressing the CBCC at the time the item is considered, are requested to restrict their comments to the item as it appears on the agenda and stay within the three-minute time limit. The Brown Act does not permit the CBCC to take action on items brought up during the Public Comment period. As a courtesy, and technology permitting, members of the public may participate remotely. Please be advised that those participating in the meeting remotely via Zoom do so at their own risk. Meetings will not be cancelled due to technical difficulties. The meeting can also be observed on Cable T.V. Broadcast - Check with your cable provider for your local government broadcast channel, or livestream online at www.ci.benicia.ca.us/agendas. Americans with Disabilities Acts The City of Benicia is committed to providing meeting facilities that are accessible to persons with disabilities. Meeting materials in alternative formats, a sign language interpreter, real-time captioning, assistive listening devices or other accommodations can be requested by calling (707) 746-4200 or by emailing ADACoordinator@ci.benicia.ca.us, at least four working days prior to a meeting. Assistive listening devices may be obtained at the meeting. Meeting Procedures Pursuant to Government Code Section 65009, if you challenge a decision of the CBCC in court, you may be limited to the issues raised during the meeting or in written correspondence delivered to the CBCC by the meeting. You may also be limited to a ninety (90) day statute of limitations when challenging certain administrative decisions, including any final decisions regarding planning or zoning. The decision of the CBCC is final as of the date of its decision unless judicial review is initiated pursuant to Code of Civil Procedure Section 1094.5. Any such petition for judicial review is subject to the provisions of Code of Civil Procedure Section 1094.6 Public Records and Writings Received After Agenda Posting A printed version of the agenda packet for this meeting is available at the Benicia Public Library during regular working hours. To the extent feasible, the agenda packet and any writing or documents related to an agenda item for this meeting provided to the CBCC, will be made available for public inspection on the City's web page at www.ci.benicia.ca.us under the heading "Agendas and Minutes." A complete recording of each meeting is available online at www.ci.benicia.ca.us/agendas. Contact Your Council Members Voicemail for Mayor and Council Members: (707) 746-4213 Mayor Steve Young: SYoung@ci.benicia.ca.us Vice Mayor Trevor Macenski: TMacenski@ci.benicia.ca.us Council Member Kari Birdseye: KBirdseye@ci.benicia.ca.us Council Member Lionel Largaespada: LLargaespada@ci.benicia.ca.us Council Member Terry Scott: TScott@ci.benicia.ca.us 4