1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
NOVEMBER 7, 2023
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 SPECIAL MEETING TO ORDER (5:00 P.M.)
Mayor Young called the special meeting to order at 5:00 p.m. 2) CONVENE OPEN SESSION
3) ROLL CALL
All Council Members were present.
4) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
5) PUBLIC COMMENT FOR CLOSED SESSION
None
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)
Mayor Young adjourned the meeting to Closed Session at 5:00 p.m. 7) RECONVENE OPEN SESSION
Mayor Young reconvened the meeting to Open Session at 6:00 p.m. 8) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
Ben Stock, City Attorney, reported that Council met in Closed Session on one item and took no reportable action.
2 9) ADJOURNMENT OF SPECIAL MEETING AND CALL REGULAR MEETING TO ORDER (6:00 P.M.)
Mayor Young adjourned the Special Meeting and called the Regular Meeting to order at 6:00 p.m.
10) ROLL CALL
All Council Members were present.
11) PLEDGE OF ALLEGIANCE
12) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
13) ANNOUNCEMENTS
13.A MAYOR'S OFFICE HOURS
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
On motion of Council Member Macenski, seconded by Mayor Young, Council approved the adoption of the agenda, on a roll call by the following vote:
3 Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
18) OPPORTUNITY FOR PUBLIC COMMENTS
19) WRITTEN COMMENT
20) PUBLIC COMMENT
1. Nancy Rothstein -Ms. Rothstein discussed the issue of hate.
2. Nimat Shakur Grantham – Ms. Grantham discussed the issue of racial hate. 21) CONSENT CALENDAR
21.A - MINUTES FROM THE OCTOBER 17, 2023 SPECIAL AND
REGULAR MEETING (City Clerk)
October 17, 2023 City Council Meeting Minutes
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the Minutes of the October 17, 2023 City Council meeting minutes, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott
Noes: (None)
21.B - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
Mayor Young pulled item 21.A because he was not present at the 10/17/23 meeting.
Public Comment:
None
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of the Consent Calendar as amended, 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)
22) BUSINESS ITEMS
4 22.A - DECLARATION OF FISCAL EMERGENCY (City Manager) RESOLUTION NO. 23- 132 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA UNANIMOUSLY DECLARING A FISCAL
EMERGENCY THAT REQUIRES THE IMMEDIATE AND URGENT
ENACTMENT OF GENERAL TAX MEASURES TO PRESERVE PUBLIC
PEACE, HEALTH, AND SAFETY OF THE CITY
Mario Giuliani, City Manager, introduced the staff report.
Jeff Tschudi, Finance Director, reviewed the staff report.
Council and Staff discussed the proposed tax measures.
Public Comment:
1. Lionel Largaespada - Mr. Largaespada discussed the need for a sunset provision, separate fund for accounting, an annual spending plan, a spending plan, and an annual audit for the proposed sales tax measure.
2. Citizen - the citizen discussed concern regarding the proposed sales tax measure.
3. Monica Brown - Supervisor Brown spoke in support of the proposed sales tax measure.
4. Nimat Shakur Grantham - Ms. Grantham spoke in support of the proposed sales tax measure.
5. Jeff Schade - Mr. Schade spoke on this item.
Council Member Macenski discussed the need to look at this holistically and a balanced approach and efficiency and staffing resources need to be considered.
Staff Report - Declaration of Fiscal Emergency
1. Resolution - Declaration of Fiscal Emergency
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of Resolution 23-132, 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)
22.B - SEEKING DIRECTION FOR POSSIBLE USE OF LIBRARY
BASEMENT (Library and Cultural Services Director)
Jennifer Baker, Library Director, reviewed the staff report.
5 Council and Staff discussed the cost of the needs assessment, what alternatives there are for funding, why the teen program space is needed, whether there was a workaround the bathroom issue, and the current funds available.
Public Comment:
1. Lori Grundman - Ms. Grundman discussed concern regarding the 'tool program' that the Library has proposed.
2. Jeff Schade - Mr. Schade discussed concern regarding the way the City operates.
Council and Staff discussed concern regarding the cost, support for getting the architectural plans done, and postponing the project until the results are in after the March 2023 election.
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 On motion of Council Member Macenski, seconded by Vice Mayor Scott, Council approved postponing the Library Basement Project until after the March 2023 election, 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)
22.C - TRANSITIONAL HOUSING PROGRAM FOR VICTIMS OF
DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND HUMAN
TRAFFICKING; SURPLUS LANDS ACT IMPLICATIONS
(Community Development Director)
Staff Report - PLHA Surplus Land
RESOLUTION NO. 23- 133 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BENICIA DETERMINING THAT THE PROPERTY LOCATED AT 472 EAST N STREET TO BE USED FOR A TRANSITIONAL HOUSING PROGRAM IS DEEMED AN “AGENCY USE”, AND ADOPTING THE
WRITTEN PROGRAM DOCUMENT
Jason Hade, Planning Manager, reviewed the staff report.
Council Members Birdseye, Campbell, Macenski, Scott, and Mayor Young disclosed exparte communications.
Council and Staff discussed the aggressive construction schedule, and the status of fundraising.
6 Public Comment:
1. Safequest Solano - Two representatives from Safequest Solano discussed how Safequest Solano operates and their ability to operate the safe house in Benicia.
2. Heather McLaughlin - Ms. McLaughlin discussed the viability of the site proposed for the Hope House and the fundraising that the Soroptimist's have and will do for this project.
3. Jackie Crawford - Ms. Crawford read an email from a former client of Safequest Solano.
4. Bobby Enderlin -Ms. Enderlin read a letter from a domestic violence survivor, who supported the proposed safe house.
5. Virginia Fontaine - Ms. Fontaine read a statement from a former client of Safequest Solano.
6. Anya - Anya discussed her positive experience with Safequest Solano.
7. Crystal Hollander - Ms. Hollander discussed her negative experience with Safequest Solano.
8. Jeff Schade - Mr. Schade spoke on this item.
9. Brandon Marshall - Mr. Marshall spoke in support of the proposed project.
Council and Staff discussed the statistics that Safequest Solano provided.
1. Resolution - Transitional Housing Program
2. Resolution No. 22-127 Signed
On motion of Council Member Birdseye, seconded by Council Member Macenski, Council approved the adoption of Resolution 23-133, 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)
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)
ORDINANCE NO. 23- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING CHAPTER 17.12 (DEFINITIONS),
REPEALING AND REPLACING CHAPTER 17.108 (DESIGN REVIEW) OF TITLE 17 (ZONING) OF THE BENICIA MUNICIPAL CODE RESOLUTION NO. 23- 134 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING CHAPTER 3 (DESIGN REVIEW PROCEDURES) OF
BOTH THE ARSENAL HISTORIC CONSERVATION PLAN AND DOWNTOWN
HISTORIC CONSERVATION PLAN
7 RESOLUTION NO. 23- 134 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING CHAPTER 3 (DESIGN REVIEW
PROCEDURES) OF BOTH THE ARSENAL HISTORIC CONSERVATION
PLAN AND DOWNTOWN HISTORIC CONSERVATION PLAN
Suzanne Thorsen, Community Development Director, reviewed the staff report and a PowerPoint presentation.
Council discussed the current design review procedures for homes outside of the historic district, possibly changing the design review authority to staff level for projects outside of the historic district, design review for a demolition, concerns regarding the fee increases, the building permit process, the pre-application meeting process, window replacement exemptions, and demolition guidelines.
Public Hearing Opened
Public Comment:
1. Citizen - the citizen asked clarification in the incentives for misuse of commercial properties.
2. Evan Gorman - Mr. Gorma spoke in support of the proposed ordinance.
3. Citizen - the citizen spoke in support of the proposed ordinance.
Public Hearing Closed
Council discussed support for the proposed ordinance.
Council discussed changing the design review for projects outside of the historic district.
Mr. Stock stated that if that change was made to the ordinance, it would have to be referred back to the Planning Commission for review. Council proceeded with the proposed ordinance, as presented.
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
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 On motion of Mayor Young, seconded by Council Member Birdseye, Council approved the Introduction and First Reading of the above ordinance, as presented, on a roll call by the following vote:
8 Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
On motion of Mayor Young, seconded by Council Member Birdseye, Council approved the adoption of Resolution 23-134, 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)
23) ADJOURNMENT OF REGULAR MEETING (8:30 P.M.)
Mayor Young adjourned the meeting at 10:34 p.m.
City Clerk