MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
MAY 2, 2023
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
Mayor Young adjourned the meeting to Closed Session at 5:01 p.m.
6.A CONFERENCE WITH LEGAL COUNSEL ANTICIPATED
LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): (One potential case)
6.B A CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6 Agency designated representatives:
City Manager, Human Resources Manager.
Employee Organization: Benicia Police Officers Association, Benicia Public Service Employees Association, Benicia Fire Fighters Association, Benicia Dispatchers Association, Benicia Supervisor and Professional Association, Middle Management Employees, Police Management Employees, Senior Management Employees, and Unrepresented Employees.
7) RECONVENE OPEN SESSION
Mayor Young reconvened the meeting to Open Session at 6:01 p.m. 8) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
Ben Stock, City Attorney, stated Council met in Closed Session on several items and no reportable actions were taken.
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 6:02 p.m.
10) ROLL CALL
All Council Members were present.
Council Member Campbell arrived @ 6:05 p.m.
11) PLEDGE OF ALLEGIANCE
12) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
13) ANNOUNCEMENTS
13.A - MAYOR'S OFFICE HOURS
13.B - OPENINGS ON BOARDS AND COMMISSIONS
Current and Upcoming Openings - Boards and Commissions
14) PROCLAMATIONS
14.A - PROCLAMATION - HISTORIC PRESERVATION MONTH
(Community Development Department)
Proclamation - Historic Preservation Month
14.B - PROCLAMATION - OLDER AMERICANS MONTH (City Manager's Office)
Proclamation - Older Americans Month
15) APPOINTMENTS
16) PRESENTATIONS
17) 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)
18) OPPORTUNITY FOR PUBLIC COMMENTS
19) WRITTEN COMMENT
20) PUBLIC COMMENT
1. Claudia Claverie - Ms. Claverie discussed concerns regarding the middle school students stealing and vandalizing Raley's and the Southampton shopping center after school. 21) CONSENT CALENDAR
21.A - MINUTES FROM THE APRIL 18, 2023 REGULAR CITY COUNCIL MEETING (City Clerk)
April 18, 2023 Regular City Council Meeting Minutes
21.B - ACCEPTANCE OF FUNDING FOR THE EAST 5TH STREET
AFFORDABLE HOUSING STREETSCAPE (Community Development
Director)
Staff Report - East 5th Street Affordable Housing Streetscape
1. Resolution East 5th Street Affordable Housing Streetscape
2. Resolution Metropolitan Transportation Commission Local Support RESOLUTION NO. 23- 37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA ACCEPTING THE ONE BAY AREA CYCLE 3 GRANT FUNDING FOR THE EAST 5TH STREET AFFORDABLE HOUSING
STREETSCAPE
RESOLUTION NO. 23- 38 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA AUTHORIZING THE FILING OF AN APPLICATION FOR
FUNDING ASSIGNED TO METROPOLITAN TRANSPORTATION
COMMISSION AND COMMITTING ANY NECESSARY MATCHING
FUNDS AND STATING ASSURANCE TO COMPLETE THE EAST 5TH STREET
AFFORDABLE HOUSING STREETSCAPE (PROJECT)
Public Comment:
1. Citizen - the citizen asked if there was information on a possible development project and whether the public would have a chance to be involved.
21.C - APPROVAL OF DISCOVERY AND AMNESTY PROGRAM
RELATED TO TRANSIENT OCCUPANCY TAX AND SHORT-TERM
RENTALS (Interim Finance Director)
RESOLUTION NO. 23- 39 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING AMNESTY PROGRAM RELATED TO
TRANSIENT OCCUPANCY TAX AND SHORT-TERM RENTALS
Council and Staff discussed how many short-term rentals there were in the City, how many are not registered (approximately 60), how to contact the non-compliant rentals, the cost of enforcement, and the cost of the contract with HDL.
Mario Giuliani, Interim City Manager, discussed how difficult it was for Staff to work with the short-term rental companies, the process for short-term rentals being approved through the City, and the issue of code enforcement.
Public Comment:
None
Staff Report - Transient Occupancy Tax - HdL Engagement
1. Resolution Short-Term Rental Amnesty Program
On motion of Council Member Birdseye, seconded by Vice Mayor Scott, Council approved the adoption of Resolution 23-39, 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.D - RATIFYING THE INTERIM CITY MANAGER’S DECLARATION
OF A CONTRACTING EMERGENCY AND APPROVING PAYMENT
FOR EMERGENCY RAW WATER TRANSMISSION LINE
INCIDENT (Interim City Manager)
Staff Report - Emergency Declaration RWTL Incident
RESOLUTION NO. 23- 40 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA RATIFYING THE INTERIM CITY MANAGER’S
DECLARATION OF A CONTRACTING EMERGENCY AND APPROVING
PAYMENTS FOR THE EMERGENCY RAW WATER TRANSMISSION LINE
INCIDENT
Council and Staff discussed the current emergency bypass and how much water was flowing at this time, adding additional pipes for the summer months, the current repair
costs, future projected costs, possible FEMA and OES reimbursement, whether Lake Herman was being used for Valero water, what Valero's water reduction was, the funds for a redundant raw water treatment line.
Public Comment:
None
1. Resolution Ratification of Proclamation of Existence of a Local Emergency On motion of Council Member Birdseye, seconded by Council Member Campbell, Council approved the adoption of Resolution 23-40, 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.E - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
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)
22) BUSINESS ITEMS
22.A - REVIEW OF USER FEE STUDY AND PROPOSED MASTER FEE SCHEDULE CHANGES (Interim Finance Director)
Staff Report - User Fee Study - Proposed Master Fee Schedule Jeff Tschudi, Finance Director, introduced the agenda item. Tony Thrasher, Wildan Financial Services, reviewed the staff report and a PowerPoint presentation.
Council and Staff discussed fees for resident vs. non-residents.
Public Comment:
1. Anastasia Hoyer - Ms. Hoyer discussed concern regarding the increase in design review fees.
Council Fee Concerns:
Planning:
#30 - come up with an overall policy concept where an applicant can be incentivized to come up with a project that would benefit the city and the developer. Staff suggested adopting current fees, and coming up with a policy when they discuss priorities.
Building:
#42 - reduce fee to $100
#50 - 63% fee reduction
#55 - take a look at the title
Library:
None
Finance:
None
Fire:
#8 - Should be at the same percentage as Planning - in trying to encourage small development projects - same concept as #30 in Planning Fees. #265 - lower it to $150 (for daycare only) 80% reduction #274 - be subject to the percentage reduction of total fees that Council will work on later.
Public Works:
None
Miscellaneous Fees:
None
Parks and Community Services:
#159 - need to raise fee - staff will bring updated fee recommendation back at next meeting.
Police:
None
1. User Fee Study - Proposed Master Fee Schedule
23) ADJOURNMENT OF REGULAR MEETING (8:00 P.M.)
Mayor Young adjourned the meeting at 10:18 p.m. in memory of Mr. Bob Nelson.
City Clerk