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Minutes

Benicia City Council
October 15, 2024

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Minutes
Meeting
October 15, 2024
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Benicia City Council
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1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
OCTOBER 15, 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
All Council Members were present.
4) PLEDGE OF ALLEGIANCE
5) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
6) ANNOUNCEMENTS

6.A - MAYOR'S OFFICE HOURS
7) PROCLAMATIONS
8) APPOINTMENTS
9) PRESENTATIONS
10) ADOPTION OF AGENDA
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the Adoption of the Agenda, as presented, 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)

11) OPPORTUNITY FOR PUBLIC COMMENTS

2 12) WRITTEN COMMENT
13) PUBLIC COMMENT

1. Lori Grundman - Ms. Grundman read a letter she wrote regarding support for the Community Emergency Response Team (CERT).
14) 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)
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
RESOLUTION NO. 24- 116 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF BENICIA APPROVING A BUDGET AMENDMENT FOR THE

PRIORITY DEVELOPMENT AREA GRANT FROM THE METROPOLITAN

TRANSPORTATION COMMISSION AND THE ASSOCIATION OF BAY AREA

GOVERNMENTS, DELEGATING THE FINANCE DIRECTOR THE

AUTHORITY TO MAKE THE NECESSARY REVENUE AND EXPENDITURE

INCREASES, AWARDING A CONSULTANT AGREEMENT FOR THE

EASTERN GATWAY INFRASTRUCTURE MASTER PLAN, AND

AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT ON

BEHALF OF THE CITY

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)
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 ORDINANCE NO. 24- 5 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING SECTION 3.22.070 CHAPTER 3.22 OF TITLE 3

3 OF THE BENICIA MUNICIPAL CODE TO REVISE THE USE TAX RATE TO REFLECT THE VOTERS’ APPROVAL OF MEASURE B
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of Ordinance 24-5, 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)

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)
RESOLUTION NO. 24- 117 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA SUPPORTING MEASURE F, THE CITIZENS’

INITIATIVE - SPECIAL SALES TAX FOR STREETS, MEASURE G, CITY CHARTER TO INVEST IN BENICIA’S FUTURE PART 1, AND MEASURE H, REAL PROPERTY TRANSFER TAX TO INVEST IN BENICIA’S FUTURE PART 2
Mario Giuliani, City Manager, reviewed the staff report.

Council and Staff discussed why the ballot language and ordinance language are different, clarification that the limited charter and Real Property Transfer Tax (RPTT) rate could not be changed without voter approval, how Council would be able to author a letter in support of the measures, Measure F, gas tax revenues, and how gas tax works.

Public Comment:

1. Christina Gilpin-Hayes - Ms. Gilpin-Hayes discussed the need to clarify that if Measure G passed their property taxes would not be reassessed.

2. Lori Grundman - Ms. Grundman discussed concern online about hidden fees with regards to Measure F.

3. Citizen - the citizen asked if the money from Measure H would go into the General Fund.

Council and Staff discussed the RPTT and why it should be passed, as well as the cost of the recent mailers that the City has sent out.

Staff Report - City Council Support of Measures F, G and H

1. Resolution - Benicia City Council Support of Measures F, G and H On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of Resolution 24-117, on a roll call by the following vote:

4 Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)

15.B - DISCUSSION OF COMMERCIAL USE REGULATIONS (Assistant City Manager)
Staff Report - Commercial Uses Streamlining
Suzanne Thorsen, Assistant City Manager, Community Development Director, reviewed the staff report.

Council and Staff discussed the issue of the concentration similar uses, including alcohol sales in a geographical area, the need to broach the subject of formula businesses downtown, the need for a preapproved list of where special use permit is not required, daycare facilities, the need to reduce the time it takes to get permits done, changing the cost on some of the permits, how the industrial park can be improved to increase marketability, reducing the number of businesses requiring use permits, not having use permits for tattoo parlors and skin care businesses, allowing churches to have daycare services without use permits, removing limitations on live entertainment, outdoor dining, the giant warehouses in the industrial park, and clarification on restaurants being allowed in the industrial park.

Public Comment:

1. Lori Grundman - Ms. Grundman discussed the need to include the residents are included in the stakeholder process.

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:

16.A - COUNCIL MEMBER COMMITTEE REPORTS
Council Member Committee Reports
17) ADJOURNMENT (9:00 P.M.)
Mayor Young adjourned the meeting at 7:38 p.m.

City Clerk

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