1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
NOVEMBER 21, 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 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
4) PLEDGE OF ALLEGIANCE
5) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
6) ANNOUNCEMENTS
6.A - MAYOR'S OFFICE HOURS
6.B - OPENINGS ON BOARDS AND COMMISSIONS
Current and Upcoming Openings - Boards and Commissions
7) ADOPTION OF AGENDA
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the Adoption of the 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)
8) OPPORTUNITY FOR PUBLIC COMMENTS
9) WRITTEN COMMENT
10) PUBLIC COMMENT
None
2 11) CONSENT CALENDAR
11.A - APPROVAL OF TELECOMMUNICATION SYSTEM SERVICES
AGREEMENT WITH RING CENTRAL, INC. AND
IMPLEMENTATION STATEMENT OF WORK AGREEMENT WITH
MAVERICK NETWORKS, INC. (Finance Director)
Staff Report - Ring Central Services Agreement
RESOLUTION NO. 23-138 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING A TELECOMMUNICATIONS SYSTEM
SERVICES AGREEMENT WITH RING CENTRAL, INC. AND
IMPLEMENTATION STATEMENT OF WORK AGREEMENT WITH
MAVERICK NETWORKS, INC.
Council and Staff discussed the cost of maintenance and equipment, whether the contract was bid out, whether it needed to be resolved tonight, and the urgency for approving the proposed agreement.
Public Comment:
None
1. Resolution Approving Agreements with Ring Central, Inc. and Maverick Networks, Inc.
2. Ring Central Agreement and Order Form
3. Maverick Networks, Inc. Statement of Work
On motion of Vice Mayor Scott, seconded by Council Member Macenski, Council approved the adoption of Resolution 23-138, 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.B - AUTHORIZE INVESTMENT OF MONIES INTO THE LOCAL
AGENCY INVESTMENT FUND (Finance Director)
RESOLUTION NO. 23- 139 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA AUTHORIZING INVESTMENT OF MONIES INTO
THE LOCAL AGENCY INVESTMENT FUND
Council and Staff discussed how much cash the City goes through in a six-month period, what kinds of yields the City is seeing, where the majority of the City's short-term investments are, current interest rates, and the maximize the investment income.
3 Public Comment:
1. Citizen - the citizen discussed the issue of interest rates and investments and cautioned Council on chasing the changing interest rates.
Staff Report - Authorize Investment of Monies into Local Agency Investment Fund
1. Resolution - Authorize Investment of Monies into Local Agency Investment Fund On motion of Mayor Young, seconded by Council Member Birdseye, Council approved the adoption of Resolution 23-139, 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.C - RESOLUTION CONTINUING THE DECLARATION OF A LOCAL
EMERGENCY FOR RAW WATER TRANSMISSION LINE
INCIDENT (City Manager)
Staff Report - Continuation of Existence of a Local Emergency
1. Resolution - Continuation of Declaration of Local Emergency RESOLUTION NO. 23- 137 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA CONTINUING THE DECLARATION OF A LOCAL
EMERGENCY
11.D - 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)
12) BUSINESS ITEMS
12.A - INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 3.22
OF THE BENICIA MUNICIPAL CODE MODIFYING
TRANSACTION AND USE TAX (“SALES TAX”) TO BE PLACED ON
THE MARCH 5, 2024 STATEWIDE PRIMARY ELECTION BALLOT
AND ADOPTION OF A RESOLUTION CALLING AND ORDERING
THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY
OF BENICIA A CERTAIN MEASURE RELATING TO A PROPOSED
ORDINANCE AMENDMENT MODIFYING CHAPTER 3.22 OF THE
4 BENICIA MUNICIPAL CODE FOR AN INCREASE OF THREEQUARTER CENT GENERAL PURPOSE, TRANSACTION AND USE (“SALES”) (City Manager)
Staff Report- Sales Tax Increase Measure for Statewide Primary Election March 2024 ORDINANCE NO. 23- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING SECTION 3.22.050 (IMPOSITION OF TRANSACTION TAX, TRANSACTION TAX RATE) OF CHAPTER 3.22
(TRANSACTION AND USE TAX) OF THE BENICIA MUNICIPAL CODE TO INCREASE THE TRANSACTION AND USE (“SALES TAX”) BY ¾ OF ONE CENT
RESOLUTION NO. 23- 140 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA CALLING AND ORDERING THE SUBMISSION TO
THE QUALIFIED ELECTORS OF THE CITY OF BENICIA A BALLOT
MEASURE TO INCREASE THE GENERAL PURPOSE TRANSACTION AND USE (“SALES”) TAX BY THREE FOURTHS OF ONE CENT AT THE
PRIMARY ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024
Mario Giuliani, City Manager, reviewed the staff report.
Council and Staff discussed the issue of reductions of City services, the need to communicate the potential changes to services to the public, the need to be able to describe the cost cutting measures the City is proposing to the public, the need to communicate that the cuts will not be nearly as bad as it would be if this measure does not pass, how the elected City Treasurer outside the city structure (on the proposed oversight committee), how to project and promote the sales tax measure, not 'protecting' but 'saving' our City services, Measure C funds spent on roads, whether Council would be submitting a letter in support of the measure, how Measure C funds are allocated, possible individuals and entities that might serve on the oversight committee, concern regarding Measure C funds being allocated to certain departments, support for the having the City Treasurer on the oversight committee, and what information can be placed on mailers from the City.
Public Comment:
1. Lionel Largaespada - Mr. Largaespada spoke in support of the proposed measure, proposed the inclusion of a whereas detailing the sunset date of the measure, and including a statement about the City's deteriorating roads and enhancing the multipurpose facilities.
2. Ken Paulk - Mr. Paulk discussed support for the oversight committee.
3. Citizen - the citizen discussed the need to include what the City would do if the measure passes or doesn't pass in the mailers.
5 Council and Staff discussed adding the whereas regarding the sunset clause into the resolution, how the measure funds would be audited, funding roads repairs separately and differently, the need to be transparent and clear about what the measure will and won't provide, and the issue of making more staffing cuts.
William Berry, William Berry Campaigns, discussed the need to leave the ballot measure language the way it was proposed.
Council approved adding the following whereas into the resolution and ordinance:
'Whereas, the proposed revenue measure has a sunset date of 12 years and Council will review the measure again in 10 years.'
1. Draft Ordinance Amending Chapter 3.22 of the Benicia Municipal Code
2. Resolution - Placing Sales Tax Measure on the Ballot Statewide Primary Election March 5, 2024
On motion of Council Member Birdseye, seconded by Vice Mayor Scott, 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 Birdseye, seconded by Vice Mayor Scott, Council approved the adoption of Resolution 23-140, 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)
12.B - INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 3.24
OF THE BENICIA MUNICIPAL CODE MODIFYING A TRANSIENT
OCCUPANCY TAX (TOT) TO BE PLACED ON THE MARCH 5, 2024,
BALLOT AND ADOPTION OF A RESOLUTION CALLING AND
ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS
OF THE CITY OF BENICIA A CERTAIN MEASURE RELATING TO
A PROPOSED ORDINANCE AMENDMENT MODIFYING CHAPTER
3.24 OF THE BENICIA MUNICIPAL CODE (City Manager)
Staff Report - Transient Occupancy Tax
ORDINANCE NO. 23- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING SECTION 3.24.030 (TRANSIENT
OCCUPANCY TAX IMPOSITION) OF CHAPTER 3.24 (TRANSIENT
6 OCCUPANCY TAX) OF THE BENICIA MUNICIPAL CODE TO INCREASE THE TRANSIENT OCCUPANCY TAX RATE TO 13 PERCENT
RESOLUTION NO. 23- 141 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA CALLING AND ORDERING THE SUBMISSION TO
THE QUALIFIED ELECTORS OF THE CITY OF BENICIA A BALLOT
MEASURE TO INCREASE TRANSIENT OCCUPANCY TAX (TOT) RATE BY
FOUR PERCENT AT THE PRIMARY ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024
Mario Giuliani, City Manager, reviewed the staff report. He suggested amending the resolution and ordinance to include 'Whereas, the proposed revenue measure has a sunset date of 12 years and Council will review the measure again in 10 years.' Council and Staff discussed concerns that were brought forward by one of the local hotels, and how the proposed rate compares to surrounding cities.
Public Comment:
1. Lori Grundman - Ms. Grundman asked a question regarding the sunset clauses in the proposed tax and TOT measures.
1. Draft Ordinance Amending Chapter 3.24 of the Benicia Municipal Code
2. Resolution - Placing Transient Occupancy Tax on the Ballot Statewide Primary Election March 5, 2024 Election
On motion of Mayor Young, seconded by Council Member Macenski, 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 Mayor Young, seconded by Council Member Macenski, Council approved the adoption of Resolution 23-141, 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)
12.C - RESOLUTION CALLING FOR THE STATEWIDE PRESIDENTIAL PRIMARY ELECTION ON MARCH 5, 2024, AND FEES RELATED
TO THAT ELECTION (City Clerk)
Staff Report - Calling for the March 5, 2024 Statewide Primary Election
1. Resolution - Calling for the 2024 March Presidential Primary Election
7 RESOLUTION NO. 23- 142 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA CALLING AND GIVING NOTICE OF THE HOLDING
OF A STATEWIDE PRESIDENTIAL PRIMARY ELECTION FOR THE
ELECTION OF MEASURE A THE TRANSIENT OCCUPANCY TAX (HOTEL)
MEASURE AND MEASURE B, THE BENICIA SAFETY AND SERVICES
MEASURE, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE
STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
Lisa Wolfe, City Clerk, reviewed the staff report.
Mayor Young asked for clarification on the cost of the election.
Public Comment:
None
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of Resolution 23-142, 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)
12.D - RESOLUTION PROVIDING FOR AND REQUESTING THE
SOLANO COUNTY BOARD OF SUPERVISORS TO PERMIT THE
REGISTRAR OF VOTERS TO PROVIDE SPECIFIED SERVICES IN
CONNECTION WITH THE STATEWIDE PRESIDENTIAL PRIMARY
ELECTION TO BE HELD MARCH 5, 2024 (City Clerk)
Staff Report - Consolidation of the 2024 Statewide Presidential Primary Election
1. Resolution Consolidation of the March 5 2024, Presidential Primary Election
2. Counter Fee Schedule 2023-24
RESOLUTION NO. 23- 143 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA PROVIDING FOR AND REQUESTING THE SOLANO
COUNTY BOARD OF SUPERVISORS TO PERMIT THE STATEWIDE
PRESIDENTIAL PRIMARY ELECTION TO BE HELD ON MARCH 5, 2024 Lisa Wolfe, City Clerk, reviewed the staff report.
Public Comment:
None
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of Resolution 23-143, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
8 Noes: (None)
12.E - SECOND READING AND ADOPTION OF AN ORDINANCE
AMENDING TITLE 17 (ZONING) OF THE BENICIA MUNICIPAL
CODE PERTAINING TO DESIGN REVIEW PROCEDURES AND
PUBLIC HEARING ON MASTER FEE SCHEDULE CHANGES
(Community Development Director)
ORDINANCE NO. 23- 6 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING CHAPTER 17.12 (DEFINITIONS),
REPEALING AND REPLACING CHAPTER 17.108 (DESIGN REVIEW) OF TITLE 17 (ZONING) OF THE BENICIA MUNICIPAL CODE
RESOLUTION NO. 23- 144 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING REVISIONS TO THE MASTER FEE SCHEDULE – PLANNING FEES
Suzanne Thorsen, Community Development Director, reviewed the staff report.
Council and Staff discussed how the proposed changes would promote development in the City.
Public Hearing Opened
Public Comment:
None
Public Hearing Closed
Staff Report - Design Review Procedures and Master Fee Schedule
1. Proposed Ordinance Amending Title 17 Zoning
2. Resolution - Approving Changes to the Master Fee Schedule
12.F - FY 2023/24 AND FY 2024/25 BUDGET AMENDMENTS (Finance Director)
Staff Report - FY 23-24 & FY 24-25 Budget Amendments
1. Resolution - FY 2023-24 and FY 2024-25 Budget Amendments RESOLUTION NO. 23- 145 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA APPROVING THE NECESSARY BUDGET
AMENDMENTS RELATED TO THE FY 2023/24 BUDGET AND FY 2024/25 BUDGET
Jeff Tschudi, Finance Director, reviewed the staff report.
9 Staff and Council discussed the gas tax, electrical utilities charges, cyber security insurance, and STA's housing element services.
Public Comment:
None
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of Resolution 23-145, 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)
13) COUNCIL MEMBER COMMITTEE REPORTS:
13.A - COUNCIL MEMBER COMMITTEE REPORTS
Council Member Committee Reports
14) ADJOURNMENT (9:00 P.M.)
Mayor Young adjourned the meeting at 8:36 p.m.
City Clerk