Subject: Tonight! Seeno on Council Meeting - again
Date: 2008-05-20
Attachment:Seeno COA_MEMO.pdf
Agenda 0520.08.doc Attached is a pdf file (Seeno COA_MEMO.pdf) with my comment on the need for a specific plan and form based code and a host of changes to the conditions of approval for the Seeno Business Park. I have excerpted the main points and pasted below.
The most important step is for the Planning Commission to review and comment on these conditions. They have not had a chance and without an extension of the processing time, they will not have had ANY input on the conditions of approval for the largest project to be considered by Benicia since 1968. It seems that there is no choice for council on this matter.
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Need for a specific plan - State law (Government Code Section 65450 et seq.) states that a specific plan must include the following information: (1) the distribution, location, and extent of land uses, including open space, within the area covered by the plan; (2) the proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan; (3) standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable; (4) a program of implementation measures including regulation, programs, public works projects, and financing measures necessary to carry out 1, 2, and 3, above; and (5) a statement of the relationship of the specific plan to the adopted general plan.
In simple terms, a specific plan will set forth goals, objectives, policies, and programs for development for the area within which they apply.
The conditions of approval for the Seeno Business Park Vested Tentative Map need to be put into context of the planning process.
The City Council is review a new plan without the benefit of a detailed assessment at a level consistent with a CEQA initial study. The standard of review for such a plan would be to determine the potential impacts of the parcels sizes, intensity of use, road alignment for determining grading, air, water and environmental impacts.
The planning process would normally develop a master plan with the overall objective of land uses and activities and provide a roadmap for achieving these. The only plan before the Council is the parcel map with development phasing.
Therefore, the following conditions not only address some of the physical impact issues, but also the need for an actual economic development plan associated with sustainable development including a climate action plan.
1. Prior to filing the vested tentative map, there shall be a Specific Plan development pursuant to Government Code Section 65450 et seq. See Attachment 1 for an explanation and description of the purposes of the Plan. Clearly this is the proper approach to provide assurances that the project will be developed according to many of the principles of the draft conditions of approval. Having the plan in place is the one document that summarizes the conditions of approval and mitigation monitoring plan as well as the financing agreements. The specific plan will reference the EDB economic development strategy and use as objectives of the Plan and phasing will be the implementation strategy for the Plan.
2. Prior to filing the vested tentative map develop and adopt Form Base Code for the entire project. See Attachment 2. This has been successfully done for Benicia Downtown and is proposed for the Arsenal. Again, adopting the FBC is the most certain way to achieve design goals as well as green building guidelines (standards).
3. Prior to filing the vested tentative map develop and enter into a Development Agreement. Cities use Development Agreements, among other reasons, for dealing with tricky problems involved with timing and sequencing, to lock in assurance that a particular mix of development will occur. For instance in a high profile development agreement case, the City of Irvine and the Irvine Company used a development agreement to work out a problem over the timing of a mixed commercial/residential development. Company officials wanted to build the residential portion of the project first but city officials wanted to get the sales tax flowing from the commercial portions. In a development agreement, the company agreed to make payments to the city if residential construction ran ahead of commercial development. As a result of the agreement, The Company paid the city an average of $1 million per year. See Guide to California Planning, Fulton.
Another primary reason a city considers a development agreement is that the agreement may be the only legal vehicle available to achieve a certain amenity or public benefit that otherwise exceeds the agency’s ability to demand in conjunction with a development approval. As an example, a particular need may exist for child care, transit, or recreation facilities. The voluntary contractual nature of development agreements takes them outside the traditional and legally constrained (Nollan and AB 1600) context. In other words, a tentative map conditions may be challenged AFTER the map is approved and the court may decide the condition of approval fails to meet the nexus requirements. The map then remains, but the condition is removed. The public and city have no recourse.
4. There shall be an initial study for the new project, Specific Plan, FBC and Development Agreement.
5. Benicia Planning Commission shall review and comment on new project and draft conditions of approval prior to Council action on vested tentative map.
You can also read the entire agenda and staff reports online at http://www.ci.benicia.ca.us/ and some of the reports of interest links are below:VIII-A BBP Council Comments.pdf
VIII-A BBP Draft Conditions.pdf
VIII-A BBP Public Comment.pdf
http://www.ci.benicia.ca.us/ -----------------------BENICIA CITY COUNCIL MEETING
REGULAR AGENDA
(See also: Agenda 0520.08.doc)
City Council Chambers
May 20, 2008
7:00 P.M.
I. CALL TO ORDER:
II. CLOSED SESSION:
III. CONVENE OPEN SESSION:
A. ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. REFERENCE TO FUNDAMENTAL RIGHTS OF THE PUBLIC
IV. ANNOUNCEMENTS/APPOINTMENTS/PRESENTATIONS/PROCLAMATIONS:
A. ANNOUNCEMENTS:
1. Announcement of Closed Session, if any.
2. Openings on Boards and Commissions:
Sky Valley Open Space Committee:
One unexpired term to September 30, 2010
Human Services and Arts Board:
Two unexpired terms - one to June 30, 2009 and one to June 30, 2010
Three full terms to June 30, 2012
Benicia Housing Authority Board of Commissioners:
One unexpired term to June 30, 2009
One full term to June 30, 2012
Economic Development Board:
Two full terms to June 30, 2012
Library Board of Trustees – Poet Laureate:
One full term to June 30, 2010
3. Mayor’s Office Hours:
Mayor Patterson will maintain an open office every Monday (except holidays) in the Mayor’s Office of City Hall from 6:00 p.m. to 7:00 p.m. No appointment is necessary. Other meeting times may be scheduled through the City Hall office at 746-4210 or by email acardwell@ci.benicia.ca.us.
B. APPOINTMENTS:
C. PRESENTATIONS:
D. PROCLAMATIONS:
V. ADOPTION OF AGENDA:
VI. OPPORTUNITY FOR PUBLIC COMMENT:
A. WRITTEN
B. PUBLIC COMMENT
VII. 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.
A. Approval of Minutes of May 6, 2008. (City Clerk)
B. Acceptance of the Benicia High School Irrigation Project at Benicia High School, including change orders. (Parks & Community Services Director)
This Benicia High School Irrigation Project, located at 1100 Military West, consisted of the installation of new irrigation lines and system that is compatible with the City’s current Rain Master Evolution 2000 System. The project has been completed for a total construction cost of $256,790.85. Formal acceptance of the work by the City Council is now required to allow the final payment to be made to the contractor. Contract change orders represented a cost increase of $14,124.85 in the Benicia High School Irrigation Project at Benicia High School. The remaining contingency balance from the project will be used for future improvements to the BUSD fields.
Recommendation: Adopt the resolution accepting the Benicia High School Irrigation Project at Benicia High School, including final change orders, as complete, authorizing the City Manager to sign the Notice of Completion, and authorizing the City Clerk to file said notice with the Solano County Recorder.
C. Acceptance of the West 7th Street Storm Drain Project, including change orders. (Public Works Director)
This flood relief project constructed a new 54-inch storm drain pipe in the former West 7th Street right-of-way from West “J” Street southerly to the Carquinez Straight. The storm drain pipeline will effectively convey runoff from larger storm events underground, thereby reducing the risk of flooding in the 700 blocks of West “I” and West “J” Streets. Formal acceptance of the work by the City Council is now required to allow final payment to be made to the contractor. Adequate funds are available from the Storm Water Improvements Fund.
Recommendation: Adopt the resolution accepting the West 7th Street Storm Drain Project as complete, including Change Order Nos.1 through 5, authorizing the City Manager to sign the Notice of Completion, and authorizing the City Clerk to file same with the Solano County Recorder.
D. Acceptance of the City Hall Bathroom Renovation Project, including change orders. (Public Works Director and Parks & Community Services Director)
The City Hall Bathroom Renovation Project installed new facilities for the existing upstairs and downstairs bathrooms at City Hall to bring them into compliance with ADA standards and installed upgraded facilities to the employee breakroom. The project was completed on time and the final construction cost of $245,396.01 is within budget. Formal acceptance of the work by the City Council is now required to allow final payment to be made to the contractor.
Recommendation: Adopt the resolution accepting the City Hall Bathroom Renovation Project as complete, including Change Order Nos.1 through 3, authorizing the City Manager to sign the Notice of Completion, and authorizing the City Clerk to file same with the Solano County Recorder.
E. Approval of a contract amendment for plan review and building inspection services. (Community Development Director)
On April 13, 2007, the City entered into Agreement #1 with Bureau Veritas for professional services for plan review and building inspection for the Building Division, primarily for review of ongoing major construction at the Valero Refinery. To ensure the permits are processed in a timely manner, complex plans may be sent to an outside consultant, to perform architectural, structural, energy and/or accessibility review. Bureau Veritas is currently reviewing and inspecting construction of two crude tanks at the Valero Refinery. The City collected approximately $97,000 in plan review and inspection fees for this project.
Recommendation: Adopt the resolution approving a contract agreement with Bureau Veritas for professional services for plan review and building inspection services, and authorizing the City Manager to execute the contract on behalf of the City.
F. Review and acceptance of the investment report for the quarter ended March 2008. (Finance Director)
The investment portfolio is in compliance with the City's Investment Policy and California Law. Additionally, the City has adequate investments to meet its expenditure needs for the next six months. The Audit and Finance Committee has reviewed these reports and recommends acceptance.
Recommendation: Accept, by motion, the investment report for the quarter ended March 2008.
H. Approval to waive the reading of all ordinances introduced and adopted pursuant to this agenda.
VIII. PUBLIC HEARINGS:
A. Public Hearing for Benicia Business Park Vesting Tentative Map, Master Plan Overlay and Rezoning (Continued from May 6, 2008 City Council Meeting). (Community Development Director)
The City Council continued this public hearing from May 6, 2008, to allow opportunity for additional public comment and staff responses to issues raised by Council members. Per Subdivision Map Act Section 66452.2, the City Council must act on the application at its June 3, 2008 meeting unless the applicant and Council agree to an extension.
Recommendation: Receive additional public comment, and continue consideration of the proposed Vesting Tentative Map, Master Plan Overlay and Rezoning to June 3, 2008, with direction to staff to finalize conditions necessary to allow project approval.
IX. ACTION ITEMS:
A. Acceptance of the annual report of the Open Government Commission. (City Attorney)
In accordance with Benicia Municipal Code 4.20.010.D, the Open Government Commission is required to provide an annual report to the City Council on the implementation and compliance of Title 4 (Open Government) of the Benicia Municipal Code. There is no fiscal impact from these changes.
Recommendation: Accept the annual report of the Open Government Commission.
B. Approval of a Tourism Plan. (Economic Development Manager)
Consultants Placemaking Group have developed a communitywide tourism marketing plan, including a branding recommendation, to unify the City’s future tourism efforts and ultimately attract more visitor dollars to Benicia. The Economic Development Board recommends the Council approve the plan and start implementation.
Recommendation: Approve, by motion, the completed communitywide tourism plan and direct staff to start implementing it.
C. Award of construction contract for Commandant’s Residence Rehabilitation Project and declare intention to issue tax-exempt obligations. (Parks & Community Services Director)
On March 10, 2008 construction plans and specifications were made available for public bidding. Forty-five days later, on April 22, 2008 the bidding period closed and the City received and opened two bids from PCRB and Reymond Bros. The contractor, PCRB, is well received in the area for their work and has successfully completed similar projects, including the Don Pacheco Adobe built in 1860, Old Oakland Courthouse and Highland Hospital, all on the State Historic Register. The Finance Director also requests that the City Council reserve the right to finance the project by passing a resolution of intention to issue tax-exempt obligations in the future. The City currently has $900,000 in State Grants and $2.1 million in dedicated reserves that would be transferred to a debt service reserve fund or used to fund other capital projects. It is expected that interest earnings would equal interest expense over the life of the debt obligation.
Recommendation:
1) Adopt the resolution accepting the bid for the Commandant’s Residence Rehabilitation Project, awarding the construction contract, to Pacific Coast Reconstruction and Building, Inc. (PCRB) of Concord, California, in the amount of $2,914,687; and authorizing the City Manager to sign the contract on behalf of the City.
2) Adopt the resolution declaring the intention to issue tax-exempt obligations to be used to reimburse the City for expenditures prior to the issuance of such tax-exempt obligations.
X. INFORMATIONAL ITEMS:
A. Reports from City Manager:
1. Mayor’s State of the City presentation
2. HPRC designation of Residential Property Owner and Residential or Business Property Owner positions
B. None
C. None
D. Council Member Committee Reports:
(Council Members serve on various internal and external committees on behalf of the City. Current agendas, minutes and meeting schedules, as available, from these various committees are included in the agenda packet. Oral reports by Council Members are made only by exception.)
1. Mayor’s Committee Meeting. (Mayor Patterson)
Next Meeting Date: May 21, 2008
2. Association of Bay Area Governments (ABAG). (Mayor Patterson & Vice Mayor Campbell)
Next Meeting Date: To be determined
3. Audit & Finance Committee. (Vice Mayor Campbell & Council Member Schwartzman)
Next Meeting Date: June 6, 2008
4. League of California Cities. (Mayor Patterson & Council Member Schwartzman)
Next Meeting Date: May 21, 2008 – Budget Action Day
5. School Liaison Committee. (Council Members Ioakimedes & Hughes)
Next Meeting Date: June 12, 2008
6. Sky Valley Open Space Committee. (Vice Mayor Campbell & Council Member Iokimedes)
Next Meeting Date: July 16, 2008
7. Solano EDC Board of Directors (Mayor Patterson & Council Member Ioakimedes)
Next Meeting Date: May 30, 2008
8. Solano Transportation Authority (STA) (Mayor Patterson & Council Member Schwartzman)
Next Meeting Date: June 11, 2008
9. Solano Water Authority/Solano County Water Agency (Mayor Patterson & Vice Mayor Campbell)
Next Meeting Date: June 12, 2008
10. Traffic, Pedestrian and Bicycle Safety Committee (Vice Mayor Campbell & Council Member Hughes)
Next Meeting Date: July 17, 2008
11. Tri-City and County Regional Parks and Open Space (Vice Mayor Campbell & Council Member Hughes)
Next Meeting Date: CAC – August 20, 2008; Governing Board – September 8, 2008
12. Valero Community Advisory Panel (CAP) (Council Member Hughes)
Next Meeting Date: July 23, 2008
13. Youth Action Task Force (Council Members Ioakimedes & Schwartzman)
Next Meeting Date: May 28, 2008
14. ABAG/CAL FED Task Force/Bay Area Water Forum (Mayor Patterson)
Next Meeting Date: To be determined
XI. COUNCIL MEMBER REPORTS:
XII. ADJOURNMENT |
