1 BENICIA CITY COUNCIL
CITY COUNCIL MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
April 16, 2024
6:00 PM
Accessing The Meeting
How to Participate in the Meeting:
1) Attend in person at Council Chambers
2) Cable T.V. Broadcast - Check with your cable provider for your local government broadcast channel.
3) Livestream online at www.ci.benicia.ca.us/agendas.
4) Zoom Meeting (link below)
The public may view and participate (via computer or phone) link:
https://us02web.zoom.us/j/88508047557?pwd=cHRsZlBrYlphU3pkODcycytmcFR2UT09 • If prompted for a password, enter 449303.
• Use participant option to “raise hand” during the public comment period for the item you wish to speak on. Please note, your electronic device must have microphone capability. Once unmuted, you will have up to 5 minutes to speak.
Dial in with phone:
Before the start of the item you wish to comment on, call any of the numbers below. If one is busy, try the next one.
1 669 900 9128
1 346 248 7799
1 253 215 8782
1 646 558 8656
1 301 715 8592
1 312 626 6799
• Enter the meeting ID number: 885 0804 7557 *please note this is an updated ID number*. 2 • Enter password: 449303
• When prompted for a Participant ID, press #.
• Press *9 on your phone to “raise your hand” when the Mayor calls for public comment during the item you wish to speak on. Once unmuted, you will have up to 5 minutes to speak.
As a courtesy, and technology permitting, members of the public may participate remotely and provide public comment via Zoom. Please be advised that those participating in the meeting remotely via Zoom do so at their own risk. Council meetings will not be cancelled due to technical difficulties.
Any member of the public who needs accommodations should email City Clerk Lisa Wolfe at [email protected], who will use her best efforts to provide as much accessibility as possible while also maintaining public safety.
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
6.A - MAYOR'S OFFICE HOURS
Mayor Young is maintaining 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.
6.B - OPENINGS ON BOARDS AND COMMISSIONS
Current and Upcoming Openings - Boards and Commissions
7. Proclamations
7.A - PROCLAMATION - NATIONAL VOLUNTEER WEEK APRIL 21-27, 2024 (Police Department)
3 Proclamation - National Volunteer Week
8. Presentations
9. Adoption Of Agenda
10. 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 [email protected]. Any comment submitted to the City Clerk should indicate to which item of the agenda the comment relates. 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.
- Comments received after 2:00 pm, but before the start time of the meeting will be electronically forwarded to the City Council, but will not be posted on the City’s website.
11. Written Comment
12. Public Comment
13. 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.
13.A - MINUTES FROM THE APRIL 2, 2024 SPECIAL AND REGULAR MEETING (City Clerk)
April 2, 2024 City Council Meeting Minutes
13.B - APPROVING THE RESULTS OF THE PRESIDENTIAL PRIMARY ELECTION HELD ON MARCH 5, 2024 (City Clerk)
This is a procedural item certifying the election results, and the percentage of voter turnout. Certification of these results by the Registrar of Voters was completed on March 28, 2024. 4 Recommendation:
Move to adopt a resolution (Attachment 1) approving the results of the Presidential Primary Election held on March 5, 2024.
Staff Report - Election Certification
1. Resolution – Election Certification
2. Election Certification
3. 2022 Precinct Totals
4. Complete Election Results
13.C - AUTHORIZING AGREEMENTS AND EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS (City Manager)
To enact the sales tax passed with Measure B on March 5, 2024, the California Department of Tax and Fee Administration (CDTFA) requires local governments to adopt a resolution authorizing City officials to execute agreements with the CDTFA and to adopt a resolution officially designating those staff and consultants who are authorized to review confidential sales tax data in the course of their duties.
Recommendation:
1. Adopt a resolution (Attachment 1) authorizing the City Manager to execute agreements with the California Department of Tax and Fee Administration for implementation of a local transactions and use tax; and
2. Adopt a resolution (Attachment 2) authorizing key staff and consultant to review sales or transactions and use tax data from the California Department of Tax and Fee Administration; and
3. Adopt a resolution (Attachment 3) authorizing the City Manager to execute an agreement with Hinderliter, de Llamas and Associates (HDL) for consulting services of sales and tax data related to Measure B.
Staff Report Authorizing Agreements and Examination of Sales or Transactions and Use Tax
1. Resolution - Authorizing Agreements with the CDTFA
2. Resolution - Authorizing Examination of Sales or Transaction and Use Tax
3. Resolution - Authorizing Agreement with HDL
13.D - RESOLUTION CONTINUING THE DECLARATION OF A LOCAL EMERGENCY FOR RAW WATER TRANSMISSION LINE INCIDENT (City Manager) The City Manager/Emergency Services Director is requesting that Council find that the following conditions of extreme peril to the safety of persons and property continue to exist within the City of Benicia: severe hillside slope failure along Lopes Road caused by storm event flooding and stormwater 5 runoff which damaged the RWTL and other structures including roadways, impact to the supply and transport of water to users in the City, which require actions to procure adequate water supply until the damage is repaired, and potentially other damage unknown at this time.
Recommendation:
Move to adopt a Resolution of the City of Benicia Continuing the Declaration of Local Emergency (Attachment 1).
Staff Report - Continuation of Existence of a Local Emergency
1. Resolution - Continuation of Declaration of Local Emergency
13.E - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
14. Business Items
14.A - ADOPTION OF REVISED CITY COUNCIL RULES OF PROCEDURE (City Manager)
The City Council Rules of Procedure (Rules of Procedure) are being brought before the City Council for review and updating. These Rules of Procedure state that they should be reviewed not less than annually, and appropriate changes made.
Recommendation
Move to adopt the revised City Council Rules of Procedure (Attachment 1). For comparison purposes, the current Rules of Procedure are also attached (Attachment 2).
Staff Report - Revised City Council Rules of Procedure
1. Draft - Revised City Council Rules of Procedure 2024
2. City Council Rules of Procedure 2021
14.B - CONSIDERATION TO PROCEED WITH NECESSARY STEPS TO CREATE A
LIMITED CHARTER FOR THE SOLE ABILITY TO ENACT A REAL PROPERTY TRANSFER TAX (City Manager)
As part of the City Council’s 2023 strategic planning and goal setting sessions, the City Council has discussed taking the steps necessary to become a “limited charter city” to assure on-going fiscal stability by implementing a real property transfer tax, which only charter cities are authorized to levy. This staff report summarizes the upcoming process necessary to place this item on the November 2024 ballot.
Recommendation:
6 Direct staff, by motion of the City Council, to follow the procedures stated in Gov. Code, § 34458 to proceed with the necessary steps for the City Council to draft the language of the proposed limited charter.
Staff Report - Limited Charter Process
15. Council Member Committee Reports
(Council Member serve on various internal and external committees on behalf of the City. Current agendas, minutes and meeting schedules, as available, from these various committees are included in the agenda packet. Oral reports by the Council Members are made only by exception.)
15.A - COUNCIL MEMBER COMMITTEE REPORTS
Council Member Committee Reports
16. Appointments
16.A - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S APPOINTMENT OF COUNCIL MEMBER TOM
CAMPBELL TO THE CITY COUNCIL APPOINTMENT SUBCOMMITTEE FOR A ONE-YEAR TERM ENDING DECEMBER 31, 2024
Resolution - City Council Appointment Subcommittee - Tom Campbell
16.B - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S APPOINTMENT OF COUNCIL MEMBER TREVOR
MACENSKI TO THE CITY COUNCIL APPOINTMENT SUBCOMMITTEE FOR A ONE-YEAR TERM ENDING DECEMBER 31, 2024
Resolution - City Council Appointment Subcommittee - Trevor Macenski
17. Adjournment (7:30 P.M.)
7 Public Participation
The Benicia City Council and its Boards and Commissions welcome public participation.
Pursuant to the Brown Act, each public agency must provide the public with an opportunity to speak on any matter within the subject matter jurisdiction of the agency and which is not on the agency's agenda for that meeting. The City Council allows speakers to speak on non-agendized matters under public comment, and on agendized items at the time the agenda item is addressed at the meeting. Comments are limited to no more than five minutes per speaker. By law, no action may be taken on any item raised during the public comment period although informational answers to questions may be given and matters may be referred to staff for placement on a future agenda of the City Council.
Should you have material you wish to enter into the record, please submit it to the City Manager.
Disabled Access or Special Needs
In compliance with the Americans with Disabilities Act (ADA) and to accommodate any special needs, if you need special assistance to participate in this meeting, please contact Kim Imboden, the ADA Coordinator, at (707) 746-4200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting.
Meeting Procedures
All items listed on this agenda are for Council discussion and/or action. In accordance with the Brown Act, each item is listed and includes, where appropriate, further description of the item and/or a recommended action. The posting of a recommended action does not limit, or necessarily indicate, what action may be taken by the City Council.
Pursuant to Government Code Section 65009, if you challenge a decision of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. You may also be limited by the ninety (90) day statute of limitations in which to challenge in court certain administrative decisions and orders (Code of Civil Procedure 1094.6) to file and serve a petition for administrative writ of mandate challenging any final City decisions regarding planning or zoning.
The decision of the City Council is final as of the date of its decision unless judicial review is initiated pursuant to California Code of Civil Procedures Section 1094.5. Any such petition for judicial review is subject to the provisions of California Code of Civil Procedure Section 1094.6.
Public Records
The agenda packet for this meeting is available at the City Manager's Office and the Benicia Public Library during regular working hours. To the extent feasible, the packet is also available on the City's web page at www.ci.benicia.ca.us under the heading "Agendas and Minutes." Public records related to an open session agenda item that are distributed after the agenda packet is prepared are available before the meeting at the 8 City Manager's Office located at 250 East L Street, Benicia, or at the meeting held in the Council Chambers.
If you wish to submit written information on an agenda item, please submit to the City Clerk as soon as possible so that it may be distributed to the City Council. A complete proceeding of each meeting is also recorded and available through the City Clerk’s Office.
Contact Your Council Members
If you would like to contact the Mayor or a Council Member, please call the number listed below to leave a voicemail message.
Mayor Young: 707-746-4213
Vice Mayor Scott: 707-746-4213
Council Member Birdseye: 707-746-4213
Council Member Campbell: 707-746-4213
Council Member Macenski: 707-746-4213