1 BENICIA CITY COUNCIL
CITY COUNCIL SPECIAL & REGULAR MEETING AGENDA
Benicia City Hall, Council Chambers
250 East L Street, Benicia, CA 94510
November 7, 2023
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 Special Meeting To Order (5:00 P.M.)
2. Convene Open Session
3. Roll Call
4. 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.
5. Public Comment For Closed Session
Public comments on the closed session items must be made in person, they will not be accepted via Zoom.
6. Adjourn To Closed Session
6.A CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Benicia Harbor Corporation v. City of Benicia, Arbitration Case No. 1130009780)
7. Reconvene Open Session
8. Announcement From Closed Session, If Any
9. Adjournment Of Special Meeting And Call Regular Meeting To Order (6:00 P.M.) 3 10. Roll Call
11. Pledge Of Allegiance
12. 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.
13. Announcements
13.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.
13.B - OPENINGS ON BOARDS AND COMMISSIONS
Current and Upcoming Openings - Boards and Commissions
14. Proclamations
14.A PROCLAMATION - RECOGNITION OF RUBY BRIDGES WALK TO SCHOOL DAY, NOVEMBER 14, 2023 (Library and Cultural Services Director) Proclamation - Ruby Bridges Walk to School
14.B - PROCLAMATION - UNITED AGAINST HATE WEEK - NOVEMBER 12-18, 2023 (City manager's Office)
Proclamation - United Against Hate Week - November 12-18, 2023
15. Appointments
16. Presentations
16.A - PENSION LIABILITY (Dan Matusiewicz, Shareen Baker - GovInvest)
17. Adoption Of The Agenda
4 18. 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.
19. Written Comment
20. Public Comment
21. 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.
21.A - MINUTES FROM THE OCTOBER 17, 2023 SPECIAL AND REGULAR MEETING (City Clerk)
October 17, 2023 City Council Meeting Minutes
21.B - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City Attorney)
22. Business Items
22.A - DECLARATION OF FISCAL EMERGENCY (City Manager)
To place a general tax measure on an election ballot other than a regularly scheduled general election for members of the City Council, the City Council must first declare a fiscal emergency and make findings to support the emergency. The City of Benicia has a multimillion-dollar structural deficit and insufficient reserves to absorb the deficit. The gap between revenues and expenses is forecasted to continue in future years, increases to revenues and decreases to expenses are necessary to balance the budget. 5 Recommendation:
Move to adopt a resolution (Attachment 1) declaring a fiscal emergency.
Staff Report - Declaration of Fiscal Emergency
1. Resolution - Declaration of Fiscal Emergency
22.B - SEEKING DIRECTION FOR POSSIBLE USE OF LIBRARY BASEMENT (Library and Cultural Services Director)
The Benicia Public Library (Library), having completed a year-long Community Needs Assessment, has identified tweens and teens (middle and high school ages) as an underserved population, with a primary focus on younger students in this age group. Having also received a grant from the California State Library for the purposes of exploring and creating a new space within the Library for this age group, the Library is now seeking direction from Council on whether to proceed with a proposal to use identified funds to repurpose a portion of the Library’s lower level (Basement) to create a new T(w)een Services Space.
Recommendation:
Provide direction to staff indicating whether the Library should move forward with the proposed use of the Basement including bringing a full cost proposal back to Council.
Staff Report - Seeking Direction for Possible Use of Library Basement
1. Benicia Public Library Community Needs Assessment Draft Report
2. Noll and Tam Initial Draft Design - Proposed Use of Basement Space
22.C - TRANSITIONAL HOUSING PROGRAM FOR VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSUALT, AND HUMAN TRAFFICKING; SURPLUS LANDS ACT IMPLICATIONS (Community Development Director)
The City of Benicia is interested in using a parcel of land owned by the City and located at 472 East N.
Street (Property) for a transitional housing program for victims of domestic violence, sexual assault, and human trafficking (Program). The Property is comprised of two (2) buildings totaling approximately 3,100 square feet. The City intends to convey in fee the Property to SafeQuest Solano, Inc. (SafeQuest), a local non-profit organization dedicated to providing prevention education, advocacy, and intervention services to those affected by domestic violence and sexual assault. The Program is to be operated by House of Hope a non-profit organization serving women and children.
Staff seeks City Council’s determination that use of the Property for the Program following conveyance in fee of the Property to SafeQuest, with House of Hope as the Program operator, is an agency use, as described in the California Surplus Lands Act (SLA), provided the City also develops and formally adopts a written program document in support of such use.
Recommendation:
6 Adopt a resolution (Attachment 1) accomplishing each of the following:
1. Determining that use of the Property for the Program constitutes an agency use, as described in the SLA.
2. Approving and formally adopting the written Program document (Exhibit A).
Staff Report - PLHA Surplus Land
1. Resolution - Transitional Housing Program
2. Resolution No. 22-127 Signed
22.D - INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE BENICIA MUNICIPAL CODE (TITLE 17) AND ADOPTION OF AMENDMENTS TO
THE ARSENAL AND DOWNTOWN HISTORIC CONSERVATION PLANS
PERTAINING TO DESIGN REVIEW PROCEDURES (Community Development Director) The project would streamline design review requirements citywide through modifications to review authority, expansion of activities exempt from design review, and clarification of objective (ministerial) review procedures. If approved, the project would repeal and replace the Design Review Ordinance, Chapter 17.108 of the BMC and make corresponding amendments to the Definitions, BMC section
17.12.030. Additionally, the project would amend the procedural requirements of the Arsenal and Downtown Historic Conservation Plans, with the overall effect being to consolidate requirements for design review procedures into the Zoning Ordinance, BMC Title 17.
The Planning Commission and Historic Preservation Review Commission (HPRC) recommended adoption of the proposed amendments following duly noticed public hearings on October 12, 2023 and August 24, 2023.
RECOMMENDATION:
1. Conduct a public hearing, introduce, and read by title only, an ordinance amending Title 17 (Zoning) of the Benicia Municipal Code to repeal and replace Chapter 17.108 (Design Review) and make corresponding amendments to update the definitions of Chapter 17.12 (Definitions) (Attachment 1), after a determination that the project is exempt from the California Environmental Quality Act (CEQA).
2. Approve the Resolution amending Chapter 3 (Design Review Procedures) of the Arsenal Historic Conservation Plan (AHCP) and Downtown Historic Conservation Plan (DHCP) (Attachment 2).
3. Consider the recommended revisions to the Master Fee Schedule and direct staff to prepare a Resolution amending the Master Fee Schedule for a public hearing on November 21, 2023.
Staff Report - Design Review Procedures
1. Proposed Ordinance Amending Title 17 Zoning
2. Resolution - Amending Chapter 3 of the AHCP and DHCP
3. Minutes of August 24, 2023 HPRC Meeting
7 4. HPRC Resolution No. 23-4
5. Draft Minutes of October 12, 2023 PC Meeting
6. PC Resolution No. 23-8
7. Written Public Comment received through October 12 2023
8. Draft Informational Table Summarizing Design Review Procedures
9. Draft Informational Handout Character-Defining Features
10. Summary of Public Comment Themes and Additional Information
23. Adjournment Of Regular Meeting (8:30 P.M.)
8 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 9 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