1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
August 6, 2024
4:00 PM
1. 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
2. Call Special Meeting To Order
3. Convene Open Session
4. Roll Call
5. Pledge Of Allegience
6. 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.
7. Adoption Of The Agenda
8. 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. 3 9. Written Comment
10. Public Comment
11. Consent Calendar
11.A - RESOLUTION CALLING FOR THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2024 AND FEES RELATED TO THAT ELECTION (City Clerk) The proposed resolution meets the requirement of the Government Code, calling for a General Municipal Election, setting a date for that election, and identifying the officers of the City for which the election is proposed. It also continues the past practice of waiving statement fees for the candidates.
Recommendation:
Move to adopt the resolution (Attachment 1), calling and giving notice of the General Municipal Election to be held Tuesday, November 5, 2024, and waiving the fees to the candidates for publication of their statements.
Staff Report - Calling for 2024 General Municipal Election
1. Resolution - Calling for 2024 General Municipal Election
11.B - 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 GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 5, 2024 (City Clerk)
The proposed resolution, providing for and requesting the Board of Supervisors to permit the Registrar of Voters to provide specified services in connection with the General Municipal Election to be held November 5, 2024, is required pursuant to Elections Code Section 10002.
Recommendation:
Move to adopt a resolution (Attachment 1), which will enable the City of Benicia to obtain the services of the Registrar of Voters office in the November 5, 2024, Election.
Staff Report - Consolidation of the 2024 General Municipal Election
1. Resolution - Calling for 2024 General Municipal Election
2. Registrar of Voters Fee Schedule
12. Business Item
4 12.A - ACTION PLACING CITIZEN INITIATIVE OF ½ CENT SPECIAL LOCAL TRANSACTIONS AND USE TAX (“LOCAL SALES TAX”) FOR STREETS MEASURE ON THE NOVEMBER 5, 2024 BALLOT (Deputy City Manager)
The Benicia “Save Our Streets” Initiative (Initiative) is a citizen driven effort that seeks to implement an additional ½ cent special Local Transactions and Use Tax for Streets Measure (also known as a “Local Sales Tax” or “Measure”) to be used only to repair, maintain, and improve Benicia’s streets, roads, potholes and related sidewalks and storm drains. In order for the Measure to be considered by voters, the City Council must take action to place the Measure on the November 5, 2024 ballot.
Recommendation:
Move to adopt a Resolution (Attachment 1) to place the Local Transactions and Use Tax for Streets Measure on the November 5, 2024 ballot. If the Measure is approved by voters, it will be considered as adopted upon the date that the vote is declared by City Council, and the Council will take action to update Benicia Municipal Code Chapter 3.22 to reflect the increase.
Staff Report - Approval to Place Citizens Initiative on November 5 Ballot
1. Resolution - Special Transactions and Use Tax - ½ Cent Measure - November 5, 2024 Ballot
2. Citizen Initiative Ballot Language_Redacted
12.B - APPROVAL TO PLACE THE CITY CHARTER BALLOT MEASURE ON THE NOVEMBER 5, 2024 BALLOT (City Manager)
To address the City’s projected structural budget deficit, City Staff has proposed the establishment of a city charter for the limited and sole purpose of enacting a Real Property Transfer Tax (RPTT). For a city charter to become effective, the City Council must approve the city charter to be placed on the November 5, 2024 ballot and the city charter must be approved by a simple majority of voters (50% plus 1).
Recommendation:
Move to adopt a Resolution (Attachment 1) placing the City Charter Ballot Measure (Measure) on the November 5, 2024 ballot. If approved by voters, Title 1A City of Benicia Charter (Exhibit A) would be added to the Benicia Municipal Code.
Staff Report - Approval to Place City Charter on November 5, 2024 Ballot
1. Resolution - Place the City Charter Ballot Measure on the November 5, 2024 Ballot
12.C - APPROVAL TO PLACE THE REAL PROPERTY TRANSFER TAX BALLOT MEASURE ON THE NOVEMBER 5, 2024 BALLOT (City Manager)
To address the City’s projected structural budget deficit, City Staff has proposed the enactment of a tiered-rate Real Property Transfer Tax (RPTT) levying a tax for properties sold in Benicia. The City Council must approve the RPTT structure to be placed on the November 5, 2024 ballot and the 5 ultimate implementation of the RPTT is contingent upon voter approval of both the RPTT ballot measure and a separate ballot measure proposing the enactment of the city charter which is required to enable the adoption of the RPTT for Benicia.
Recommendation:
This report provides the City Council with two options:
1. Move to adopt a Resolution (Attachment 1) placing a two-tiered rate structure of Real Property Transfer Tax (RPTT) on the November 5, 2024 ballot; or
2. Move to adopt a Resolution (Attachment 2) placing a three-tiered rate structure of Real Property Transfer Tax (RPTT) on the November 5, 2024 ballot.
Staff Report - Approval to Place RPTT on November 5 Ballot
1. Resolution – Option 1 - Place Two-Tier RPTT Measure on the November 5, 2024 Ballot
2. Resolution – Option 2 - Place Three-Tier RPTT Measure on the November 5, 2024 Ballot
13. Adjournment (5:30 P.M.)
6 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 7 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