1 BENICIA CITY COUNCIL
CITY COUNCIL MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
December 3, 2024
6:30 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 (6:30 P.M.)
2. Convene Open Session
3. Roll Call
4. Administration Of Oath Of Office To Newly Elected Officials
5. Pledge Of Allegiance
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. Remarks By Newly Elected Officials
8. Nomination And Election Of Vice Mayor
9. Adoption Of Agenda
10. 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 3 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.
11. Written Comment
12. Public Comment
13. 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.
13.A APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
14. Business Items
14.A IMPLEMENTATION OF VOTER-APPROVED CITIZEN INITIATIVE OF ½ CENT SPECIAL LOCAL TRANSACTIONS AND USE TAX (“LOCAL SALES TAX”) AMENDING CHAPTER 3.22 OF THE BENICIA MUNICIPAL CODE (City Manager) At the November 5, 2024 General Election, voters approved Measure F, the Benicia citizen initiative known as “Save Our Streets” for an additional ½ cent special local transactions and use tax for streets to be used only to repair, maintain, and improve Benicia’s streets, roads, potholes and related sidewalks and storm drains (Measure F). The item before Council implements the vote of the people to amend the Benicia Municipal Code (BMC).
Recommendation:
Move to implement Measure F by revising Benicia Municipal Code Chapter 3.22 (Attachment 1).
Staff Report - Implementation of Voter-Approved Specific Sales Tax Ordinance
1. Ordinance – Amending BMC Sections 3.22.050 and 3.22.070 of Chapter 3.22 of Title 3
14.B AUTHORIZING AGREEMENTS AND EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS (Fiannce Director)
4 To enact the sales tax passed with Measure F on November 5, 2024 the California Department of Tax and Fee Administration (CDTFA) requires local governments to adopt a resolution authorizing City officials to execute agreements with the CDTFA and to adopt a resolution officially designating those staff and consultants who are authorized to review confidential sales tax data in the course of their duties.
1. Adopt a resolution (Attachment 1) authorizing the City Manager to execute agreements with the CDTFA for implementation of a local transactions and use tax; and
2. Adopt a resolution (Attachment 2) authorizing key staff and consultant to review sales or transactions and use tax data from the CDTFA; and
3. Adopt a resolution (Attachment 3) authorizing the City Manager to execute an agreement with Hinderliter, de Llamas & Associates (HdL) for consulting services of sales and tax data related to Measure F.
Staff Report - Authorizing Agreements and Examination of TUT
1. Resolution - Authorizing Agreements with the CDTFA
2. Resolution - Authorizing Examination of Sales or Transaction and Use Tax
3. Resolution - Authorizing Agreement with HdL
15. Adjournment (7:30 P.M.)
5 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 6 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