1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
APRIL 16, 2024
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
Present: Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Absent: Council Member Birdseye
Excused: None
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) PROCLAMATIONS
7.A - PROCLAMATION - NATIONAL VOLUNTEER WEEK APRIL 21-27, 2024 (Police Department)
Proclamation - National Volunteer Week
8) PRESENTATIONS
2 9) ADOPTION OF AGENDA
On motion of Council Member Macenski, seconded by Vice Mayor Scott, Council approved the Adoption of the Agenda, as presented, on a roll call by the following vote:
Ayes: Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
10) OPPORTUNITY FOR PUBLIC COMMENTS
11) WRITTEN COMMENT
12) PUBLIC COMMENT
1. Mike Caplan - Mr. Caplan announced the opening of the Benicia Farmer's Market next week.
2. Julia Thomas - Ms. Thomas discussed the need for protections for children with disabilities with first responders.
3. Lori Grundman - Ms. Grundman discussed an upcoming low cost and vision screening event the Benicia Lion's Club is holding.
13) 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)
Staff Report - Election Certification
1. Resolution Election Certification
2. Election Certification
3. 2022 Precinct Totals
4. Complete Election Results
RESOLUTION NO. 24- 25 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING THE RESULTS OF THE PRESIDENTIAL PRIMARY ELECTION HELD MARCH 5, 2024
13.C - AUTHORIZING AGREEMENTS AND EXAMINATION OF SALES
OR TRANSACTIONS AND USE TAX RECORDS (City Manager)
3 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
RESOLUTION NO. 24- 26 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA 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
RESOLUTION NO. 24- 27 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA AUTHORIZING EXAMINATION OF SALES OR
TRANSACTIONS AND USE TAX RECORD
RESOLUTION NO. 24-28 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING A CONTRACT WITH HINDERLITER DE
LLAMAS AND ASSOCIATES (HDL) FOR CONSULTING SERVICES OF
SALES AND TAX DATA RELATED TO MEASURE B
13.D - 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. 24- 29 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA CONTINUING THE DECLARATION OF A LOCAL
EMERGENCY
13.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 Vice Mayor Scott, Council approved the adoption of the Consent Calendar, as presented, on a roll call by the following vote:
Ayes: Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
4 14) BUSINESS ITEMS
14.A - ADOPTION OF REVISED CITY COUNCIL RULES OF
PROCEDURE (City Manager)
Staff Report - Revised City Council Rules of Procedure
Mario Giuliani, City Manager, reviewed the staff report.
Council and Staff discussed the issue of substitute motions, Roberts Rules of Order, Sturgis Rules of Parliamentary Procedure, and Rosenberg's Rules of Order, adding a reference to one of the rules of order to the procedures, limiting public comment to three minutes, and the issue of public comment for groups.
Public Comment:
1. Lori Grundman - Ms. Grundman discussed the issue of limiting public comment to three minutes.
1. Draft - Revised City Council Rules of Procedure 2024
2. City Council Rules of Procedure 2021
On motion of Council Member Macenski, seconded by Council Member Campbell, Council approved the revised City Council Rules of Procedure, with an amendment to include reference to one of the rules of order to the procedures, on a roll call by the following vote:
Ayes: Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
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)
Mario Giuliani, City Manager reviewed the staff report.
Staff and Council discussed tax rate options, how the money from the tax would be allocated, support for the proposed tax, and concern regarding tax fatigue for the voters.
Public Comment:
1. Lori Grundman - Ms. Grundman discussed her appreciation for the City's transparency.
Staff Report - Limited Charter Process
5 On motion of Council Member Macenski, seconded by Vice Mayor Scott, Council approved directing Staff 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, on a roll call by the following vote:
Ayes: Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
15) COUNCIL MEMBER COMMITTEE REPORTS
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 RESOLUTION NO. 24- 30 - 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
Public Comment:
None
On motion of Mayor Young, Council approved the adoption of Resolution 24-30, on a roll call by the following vote:
Ayes: Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
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
6 Resolution - City Council Appointment Subcommittee - Trevor Macenski RESOLUTION NO. 24- 31 - 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
On motion of Mayor Young, Council approved the adoption of Resolution 24-31, on a roll call by the following vote:
Ayes: Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
17) ADJOURNMENT (7:30 P.M.)
Mayor Young adjourned the meeting at 7:10 p.m.
City Clerk