1 BENICIA CITY COUNCIL
CITY COUNCIL MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
October 15, 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.
7. Proclamations
8. Appointments
9. Presentations
3 10. Adoption Of Agenda
11. 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.
12. Written Comment
13. Public Comment
14. 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.
14.A - APPROVAL OF BUDGET AMENDMENTS FOR THE PRIORITY
DEVELOPMENT AREA GRANT FROM THE METROPOLITAN TRANSPORTATION
COMMISSION AND THE ASSOCIATION OF BAY AREA GOVERNMENTS, AND AWARD OF CONSULTANT AGREEMENT (Assistant City Manager / Community Development Director)
The City of Benicia applied for, and was awarded, a Priority Development Area (PDA) Grant for the Eastern Gateway Infrastructure Master Plan (EG-IMP) from the Metropolitan Transportation Commission (MTC) and Association of Bay Area Governments (ABAG) in the amount of $312,275 for Fiscal Years (FY) 2024-25 and FY 2025-26. Council approval of budget related amendments in the FY 2024-2025 budget is being requested, along with approval of a consultant agreement with Precision Civil Engineering, Inc. to perform the work. The work entails preparation of the EG-IMP to implement the Eastern Gateway policies of the General Plan (“East 5th Street PDA”), and related amendments to the Circulation Element of the General Plan.
Recommendation:
4 Move to adopt a resolution (Attachment 1) approving a budget amendment for the PDA Grant to increase grant revenue by $165,430 and a corresponding increase in professional services by $165,430 for fiscal year 2024-2025 for the Grant award (Attachments 3 and 4); delegating authority to the Finance Director to make the necessary revenue and expenditure increases associated with the Grant; awarding a consultant agreement (Attachment 2) with Precision Civil Engineering, Inc. to implement the Eastern Gateway Infrastructure Master Plan and Circulation Element Update for the East 5th Street PDA at a not-to-exceed (NTE) cost of $312,275; and authorizing the City Manager to sign the Agreement on behalf of the City.
Staff Report - PDA Grant and Agreement for Eastern Gateway Infrastructure Master Plan
1. Resolution - PDA Grant and Agreement for Eastern Gateway Infrastructure Master Plan
2. Consultant Agreement - Precision Civil Engineering Inc.
3. Grant Agreement
4. Grant Agreement - Supplement No. 01
14.B - ADOPTION OF AN ORDINANCE AMENDING SECTION 3.22.070 OF CHAPTER
3.22 OF TITLE 3 OF THE BENICIA MUNICIPAL CODE TO REVISE THE USE TAX RATE TO REFLECT THE VOTERS’ APPROVAL OF MEASURE B (City Attorney) Adoption of the proposed ordinance amending section 3.22.070 of chapter 3.22 of title 3 of the Benicia Municipal Code (BMC) will revise the use tax rate to reflect the voters’ approval of Measure B, and ensure that the ordinance will take effect in case the urgency ordinance, adopted by Council October 1, 2024, is challenged and found to be invalid.
Recommendation:
Adopt an ordinance (Attachment 1) amending section 3.22.070 of chapter 3.22 of title 3 of the Benicia Municipal Code to revise the use tax rate to reflect the voters’ approval of Measure B.
Staff Report - Amendment to Benicia Municipal Code Section 3.22.070 Transaction Tax Rate
1. Ordinance - Amending BMC Section 3.22.070 of Ch. 3.22 of Title 3
15. Business Items
15.A - BENICIA CITY COUNCIL SUPPORT FOR MEASURES F, G AND H, CITIZENS’ INITIATIVE – SPECIAL SALES TAX FOR STREETS, CITY CHARTER, AND REAL PROPERTY TRANSFER TAX MEASURES (City Manager)
On August 6th, 2024, the Benicia City Council unanimously approved resolutions placing two revenue measures, The Citizens’ Initiative – Special Sales Tax for Streets Measure (Measure F), The City Charter to Invest in Benicia’s Future Part 1 Measure (Measure G), and The Real Property Transfer Tax to Invest in Benicia’s Future Part 2 (Revenue Measures), on the November 5, 2024, Statewide General 5 Election Ballot. Those resolutions were the formative action to give Benicia residents a choice, not just on how to fund City programs and services, but if many such programs and services could be sustained in the future. This proposed resolution gives Council a voice to publicly declare support for these Revenue Measure.
Recommendation:
Adopt a resolution (Attachment 1) indicating Council support for ballots Measures F, G and H.
Staff Report - City Council Support of Measures F, G and H
1. Resolution - Benicia City Council Support of Measures F, G and H
15.B - DISCUSSION OF COMMERCIAL USE REGULATIONS (Assistant City Manager) The Community Development Department has initiated a review of land use regulations for the General Commercial and Town Core zones to remove outdated or redundant requirements for new businesses and related services. The purpose of this discussion item is to obtain feedback and direction from the City Council that will be applied in the preparation of future zoning amendments.
Recommendation:
Review and discuss the information provided in this report.
Staff Report - Commercial Uses Streamlining
1. Excerpt from BMC Commercial Use Regulations (BMC Section 17.28.020)
2. Excerpt from Downtown Mixed Use Master Plan Town Core Regulations.
16. Council Member Committee Reports:
(Council Members serve on various internal and external committees on behalf of the City. Links to 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.)
16.A - COUNCIL MEMBER COMMITTEE REPORTS
Council Member Committee Reports
17. Adjournment (9:00 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