1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
JULY 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.
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
6.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 Dispatchers Association, Benicia Supervisor and Professional Association, Middle Management Employees, Police Management Employees, Senior Management Employees, and Unrepresented Employees
Mayor Young adjourned the meeting to Closed Session at 5:00 p.m. 7) RECONVENE OPEN SESSION
Mayor Young reconvened the Open Session at 6:03 p.m.
2 8) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
Mary Wagner, Assistant City Attorney, reported that Council met in Closed Session on one item and took no reportable action.
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 6:03 p.m.
10) ROLL CALL
All Council Members were present.
Council Member Campbell arrived at 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 - CURRENT AND UPCOMING OPENINGS - BOARDS,
COMMISSIONS AND COMMITTEES
Current and Upcoming Openings - Boards, Commissions and Committees 14) PROCLAMATIONS
15) APPOINTMENTS
15.A - REAPPOINTMENT - MIKE WHITE - BENICIA TRUSTEE FOR
SOLANO COUNTY MOSQUITO ABATEMENT DISTRICT
Appointment - M. White Solano County Mosquito Abatement RESOLUTION NO. 24- 65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S REAPPOINTMENT OF MICHAEL L. WHITE TO THE BOARD OF TRUSTEES FOR THE SOLANO
COUNTY MOSQUITO ABATEMENT DISTRICT FOR A FULL-TERM ENDING JULY 31, 2028
16) PRESENTATIONS
3 16.A - INDUSTRIAL SAFETY ORDINANCE (ISO) PROGRESS REPORT (Fire Department)
17) ADOPTION OF THE AGENDA
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved , 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)
Mario Giuliani, City Manager, noted that there was a typo on agenda item 22.B. A memo regarding the typo was included in the handout packet and was available for viewing on the side table.
18) OPPORTUNITY FOR PUBLIC COMMENTS
19) WRITTEN COMMENT
20) PUBLIC COMMENT
1. Elaine Eger - Ms. Eger read a letter previously sent to Council regarding the Arts & Culture Commission.
2. Lori Grundman - Ms. Grundman discussed the need to have back up cooling stations during heatwaves when the current ones are closed.
3. Citizen - the citizen discussed concern regarding the City's finances and financial deficit.
21) CONSENT CALENDAR
21.A - MINUTES OF THE JUNE 4, 2024, JUNE 18, 2024 AND JUNE 25, 2024 REGULAR AND SPECIAL MEETINGS (City Clerk)
June 4, 2024 City Council Meeting Minutes
June 18, 2024 City Council Meeting Minutes
June 25, 2024 Special and Regular City Council Meeting Minutes
21.B - ACCEPTANCE OF LYRASIS CATALYST GRANT TO FUND
LIBRAREAZE PROJECT SUPPORTING ADULT NONREADERS
(City Librarian)
Staff Report - Acceptance of Lyrasis Catalyst Grant Fund
1. Resolution - Acceptance of Lyrasis Catalyst Grant Fund RESOLUTION NO. 24- 66 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ACCEPTING THE LYRASIS CATALYST GRANT TO
4 FUND LIBRAREAZE PROJECT, AUTHORIZING BUDGET AMENDMENT,
AND AUTHORIZING THE CITY LIBRARIAN, FINANCE DIRECTOR, AND
CITY MANAGER TO SIGN ANY NECESSARY DOCUMENTS ON BEHALF OF
THE CITY
21.C - MASTER FEE SCHEDULE CHANGES (Finance Director)
Staff Report - Master Fee Schedule
1. Resolution Approving Changes to the Methodology - Master Fee Schedule Increases RESOLUTION NO. 24- 67 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING MODIFICATIONS TO MASTER FEE
SCHEDULE ADJUSTING THE ANNUAL CPI-W MEASUREMENT DATE FOR
FEE INCREASES FROM APRIL TO APRIL TO FEBRUARY TO FEBRUARY
AND ESTABLISHING A ROUNDING POLICY FOR CONSUMER PRICE
INDEX INCREASES TO THE MASTER FEE SCHEDULE
21.D - APPROVAL OF PROPOSED FIRST AMENDMENT WITH TMOBILE FOR CELL TOWER LEASE LOCATED AT 257 ESSEX WAY (Economic Development Manager)
Staff Report - First Amendment to Cell Tower Lease at 257 Essex Way
1. Resolution First Amendment to Lease Agreement 257 Essex Way
2. First Amendment to Lease Agreement 257 Essex Way
3. Lease Agreement - 257 Essex Way
RESOLUTION NO. 24- 68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA APPROVING THE FIRST AMENDMENT WITH TMOBILE FOR A CELL TOWER LEASE LOCATED AT 257 ESSEX WAY AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON
BEHALF OF THE CITY
21.E - CALIFORNIA HEALTH AND SAFETY CODE 13146.4 FIRE
INSPECTION COMPLIANCE REPORT (Fire Chief)
Staff Report - California Health and Safety Code 13146.4 Fire Inspection Compliance Report
1. Resolution - 2023 Fire Inspection Compliance Report
RESOLUTION NO. 24- 69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA ACCEPTING THE 2023 STATE MANDATED FIRE
INSPECTION REPORT FROM THE BENICIA FIRE DEPARTMENT
21.F - APPROVAL OF FIRST AMENDMENT TO MASTER
PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR
ON-CALL DESIGN SERVICES WITH COASTLAND CIVIL
5 ENGINEERING, INC. TO INCREASE PAYMENT LIMITS (Public
Works Director)
Staff Report - Coastland First Amendment to Agreement to Increase Limits RESOLUTION NO. 24- 70 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING A FIRST AMENDMENT TO MASTER
PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR ON-CALL DESIGN SERVICES WITH COASTLAND CIVIL ENGINEERING, INC. TO
INCREASE PAYMENT LIMITS AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AMENDMENT ON BEHALF OF THE CITY
Council and Staff discussed the increase in the cost of the contract.
Public Comment:
None
1. Resolution Amendment to Agreement with Coastland Civil Engineering, Inc.
2. First Amendment to Agreement Coastland Civil Engineering, Inc.
3. Original Master Professional Agreement Coastland Civil Engineering, Inc.
On motion of Vice Mayor Scott, seconded by Council Member Birdseye, Council approved the adoption of Resolution 24-70, 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.G - AUTHORIZING EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS (City Manager)
Staff Report - Authorizing Examination of Sales or Transactions and Use Tax
1. Resolution - Authorizing Examination of Sales or Transaction and Use Tax Records RESOLUTION NO. 24- 71 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA AUTHORIZING EXAMINATION OF SALES OR
TRANSACTIONS AND USE TAX RECORD
21.H - DISPOSITION OF CITY-OWNED SITES FOR HOUSING
DEVELOPMENT (Assistant City Manager)
RESOLUTION NO. 24- 72 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA DECLARING TWO CITY-OWNED PROPERTIES
LOCATED AT 900 EAST SECOND STREET (“FIRE MUSEUM SITE”) AND 187 EAST L STREET (“SENIOR CENTER SITE”) AS “SURPLUS LAND”
PURSUANT TO GOVERNMENT CODE SECTION 54221(B)(1)
6 Public Comment:
1. Lionel Largaespada - Mr. Largaespada requested that the Senior Center be removed from the list of buildings on the Surplus Land Act until services for the seniors can be relocated.
Council and Staff discussed the Surplus Land Act, affordable housing, and the Housing Element (with respect to the Senior Center).
Staff Report - Declaration of Surplus Lands
1. Resolution - Declaring Two City-Owned Properties Surplus Land On motion of Council Member Birdseye, seconded by Vice Mayor Scott, Council approved the adoption of Resolution 24-72, 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.I - 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- 73 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA CONTINUING THE DECLARATION OF A LOCAL
EMERGENCY
21.J - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
Council pulled items 21.F and 21.H for discussion.
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 - ROAD NETWORK PAVEMENT UPDATE (Public Works Director)
7 Neal Leary, Deputy Public Works Director, City Engineer, and Derek Linsley, Associate Civil Engineer, reviewed the staff report and a PowerPoint presentation.
Council and Staff discussed the issue of alleys, the need to increase the amount the City gets from Republic Services for street repairs, and the Save Our Streets campaign.
Public Comment:
Lori Grundman - Ms. Grundman discussed the difference between load and non-load roads on the ratings.
Tina Mottram - Ms. Mottram discussed the poor condition of her street and concern regarding waiting too long to have repairs done.
Council and Staff discussed road conditions in the Industrial Park.
Staff Report - Road Network Pavement Update
22.B - PUBLIC HEARING #2 ON TERMS OF THE PROPOSED CHARTER
FOR THE CITY OF BENICIA FOR THE LIMITED AND SOLE
PURPOSE OF ENACTING A REAL PROPERTY TRANSFER TAX
(City Manager)
Mario Giuliani, City Manager, reviewed the staff report.
Public Hearing Opened
Public Comment:
1. Kathleen Brown - Ms. Brown discussed concern regarding the language in the proposed ordinance.
Public Hearing Closed
Council and Staff discussed the proposed language, the public outreach that has been done so far, and the language in the resolution being driven by statutory requirements.
This item would be brought back at the first meeting in August.
Staff Report - City Charter Public Hearing 2
1. Proposed City Charter
22.C - FINAL DIRECTION ON REAL PROPERTY TRANSFER TAX
STRUCTURE (City Manager)
Staff Report - Final Direction on RPTT Rate Structure
8 Mario Giuliani, City Manager, introduced the staff report.
Michael Perkins, Baker Tilly, reviewed the staff report.
Council and Staff discussed the issue of commercial rates, whether there was a cap for larger commercial sites, an estimate on how many homes will sell in the coming years, condominiums, and properties valued under $500,000.
Public Comment:
1. Nicholas Cassidy - Mr. Cassidy discussed support for the RPTT but had concerns regarding the higher numbers being used.
2. Pippin Dew - Ms. Dew spoke in support of $3-$4 for homes up to $2 million, and $5 for homes and industrial sales above $2 million
3. Rob Herman - Mr. Herman discussed concern regarding the RPTT tax being too high.
4. Veda Mangosin - Ms. Mangosin spoke in support for lower RPTT rates - nothing higher than $3-$4.
5. Prejan Binum - Mr. Binum discussed the need for the RPTT to be at a more conservative rate than quoted in the staff report.
6. Richard Bortolazzo - Mr. Bortolazzo spoke in support for lower RPTT rates - nothing higher than $4.
Council and Staff discussed the historical data from other cities, support for the $4-$6 range, support for a higher level tier for commercial properties, concern regarding putting too many taxes on the ballot, support for a higher tax at properties over $1 million -$2 million, support for $4-$6 dollars for residential and the area of $8 for commercial, the need to focus on the sale amount rather than residential/commercial, support for $4 for everything up to $2 million and $6 for anything above that, having a tiered approach with $5 for up to $2 million, $10 for $2 million to $10 million, and $20 for anything over $10 million, how many houses have sold in the past year, concern on going with too high of a number and what effect that would have on the ballot, support for $5 and $8, the City of Vallejo's current tax, the need for a unanimous vote when this is brought back, and concern regarding the lack of a unanimous vote.
Council Member Macenski made a motion to have everything up to $2 million be at $4,and anything over $2 million be $6. The motion was seconded by Council Member Birdseye. The motion failed with a 2/3 vote.
Mayor Young made a motion to have everything up to $2 million at $4, and everything above $2 million at $8. Council Member Campbell seconded the motion. The motion passed with a 4/1 vote.
Council Member Campbell made a motion to reconsider the vote. Council Member Macenski seconded the vote. The motion passed with a 5/0 vote.
9 Council Member Macenski made a motion to have everything up to $2 million be at $4 and anything over $2 million be at $6. Council Member Campbell seconded the motion.
1. List of California Cities with RPPTs
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council denied, making anything up to $2 million be at $4 and anything over $2 million be $6, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Macenski
Noes: Council Member Campbell, Vice Mayor Scott, Mayor Young
On motion of Mayor Young, seconded by Council Member Campbell, Council approved having everything up to $2 million at $4, and everything above $2 million at $8, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Vice Mayor Scott, Mayor Young
Noes: Council Member Macenski
On motion of Council Member Campbell, seconded by Council Member Birdseye, Council approved the reconsideration of the previous vote, 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 Macenski, seconded by Council Member Campbell, Council approved having everything up to $2 million be at $4,and anything over $2 million be $6, 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)
23) COUNCIL MEMBER COMMITTEE REPORTS:
23.A - COUNCIL MEMBER COMMITTEE REPORTS
Council Member Committee Reports
10 24) ADJOURNMENT OF REGULAR MEETING (9:00 P.M.)
Mayor Young adjourned the meeting at 10:43 p.m.
City Clerk