City Council

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[0:00] I'm going to adjourn the closed session and call the regular meeting to order.
[0:05] And before we proceed with the roll call, I'd like to announce that Vice Mayor of Sensky is
[0:11] we believe participating remotely, pursuant to government code section 54953. Vice
[0:18] Mayor of Sensky's teleconflocation has been properly noticed on the agenda and is open
[0:23] to the public. Members of the public may observe and participate from either the council
[0:27] chambers or the noticed remote location.
[0:30] Trevor, are you with us?
[0:35] Maybe not, it appears he's not.
[0:38] So we were going to proceed.
[0:40] I'll be by spare today.
[0:43] Ms. Wolf, please call the roll.
[0:44] Tell some of her words for our time.
[0:46] Here, Larga Spada, Mr. Mascensky.
[0:49] Scott, here, and Mary out.
[0:51] Here, please join me in the pledge.
[1:14] A plaque stating the fundamental rights of each member of the public is posted at the entrance
[1:19] to the meeting room for Section 4.04.03 of the City of Adhesias Open Government
[1:25] Ordnance. Under an announcement, I have mayor's office hours on the first and third
[1:29] wins the first and third Monday of each month. And if that time is not convenient for you,
[1:37] You can make an appointment through the City Manager's office.
[1:41] We have no proclamation, we have no appointments, we have no presentations.
[1:45] So we're going to be directly into the adoption of the agenda, Mr. Juliani, do we have any changes
[1:50] to the agenda?
[1:51] No changes, ma'am.
[1:52] Do we have a motion in a second to adopt?
[1:55] So moved.
[1:56] Second.
[1:57] You've got a motion in a second.
[1:57] Ms. Holf, please call the roll.
[2:00] Council members.
[2:02] For outside?
[2:03] Marcus Bada.
[2:03] Yes.
[2:04] Scott?
[2:05] Yes.
[2:05] Yes. And that takes us to public comment. And this is an opportunity for someone to bake a comment on any item not on the agenda.
[2:14] And we would ask only that you limit your talks to something that's within the purview of the city to act upon.
[2:21] And I've got three cards here, and Mr. Roberts ran right into the front, and we will
[2:30] hear you first.
[2:34] Oh, sorry.
[2:35] There you go.
[2:36] Mayor, some council members, staff.
[2:39] Christina Strawbridge, President of Venetian Main Street.
[2:41] I'm here to plug our big waterfront weekend that's this weekend, and hopefully you'll
[2:47] all be there.
[2:48] I know you've always supported it in the past.
[2:49] We've got a wonderful line up of entertainment.
[2:53] We've done the first time Venetia's taste.
[2:58] So we've got five restaurants that are going to be down there.
[3:01] Looking some amazing dishes.
[3:04] We've got some micro brew, handcraft beer,
[3:08] which is new this year along with regional wines that will be pouring.
[3:14] So we're excited about the event.
[3:16] We have a big tarp that will be covering the seating, which will make a lot of folks happy.
[3:24] So you can get out of the sun.
[3:26] We've got lots of chairs, lots of tables, and it should be just a really fun event.
[3:33] We also have partnered with the Yacht Club.
[3:37] They have now 12 boats that will be sailing up and down the straight with a race on Saturday.
[3:44] And then on Sunday we have the Outrigger Club based here in Venetia, they'll be doing demonstrations on the water and they've invited the men Outrigger U.S. A team, which will be participating next year in LA for the Olympics.
[4:01] So a lot of excitement down there at the waterfront. I did want to also kind of give your recap on for the July 3rd and 4th of July.
[4:11] And we, Main Street took over with the city of fundraising for the fourth fireworks.
[4:19] And we are still in the process of collecting money.
[4:22] But so far we have $26,471 in our hand.
[4:28] We have a pledge from Republic for $5,000.
[4:31] And we have some other outstanding pledges that are out there.
[4:35] One of the things I want to note is our can distribution, down town.
[4:39] We've collected $787 in money from the cans, but cans were, so I just want to shout out.
[4:49] I also want to point out Lori Grundman, who was amazing in our cleanup effort.
[4:56] She was out there a good part of the night and day by herself.
[5:00] State till I think 115, 130 in the morning on the fifth to make that green look pristine.
[5:07] So we're going to try and partner with Lori for next year to build a better team, but we were scrambling at the end.
[5:15] We have lots of porta pottings. Thank you to their district for their grant money.
[5:22] We had porta pottings everywhere. Even the mayor thought we had a lot of porta pottings.
[5:28] So anyway, I really appreciate the support.
[5:33] This is Main Streets.
[5:35] The waterfront weekend is our biggest fundraiser.
[5:38] It helps us do all of the events we do
[5:40] like the farmers market and perfect timing.
[5:45] We appreciate the support.
[5:46] Did the air gets to come through with the check?
[5:48] I did.
[5:49] OK, good.
[5:50] And so we'll be settling up with in paying bills.
[5:53] And we'll be sending, I'll be working with Mario on how we get extra money over to help offset
[6:01] police fire and public works.
[6:05] And next year, I know if it's not too soon to start thinking about next year, the air district
[6:10] said that they wouldn't support a drone show, but not fireworks.
[6:15] And so I've got some ideas, so I think it'll be great to sit down and discuss what the potential
[6:21] could be doing drone show and set of fireworks, we could elaborate on doing music on the fourth
[6:28] down at the green. There's a lot of people show up early and they don't have anything
[6:32] to do until 9.30 at night. So we might want to look at broadening that event itself.
[6:40] But I think we can transition. We'll see what the community says. I think drone is the way to
[6:47] Thank you.
[6:49] Next speaker is Mayor Lamar Day.
[6:56] Good evening council, Mayor.
[6:59] What triggered my desire to come here tonight is I was thinking about the comments
[7:04] do that are on Friday for the scoping for the EIR for the Rosa State's.
[7:09] It's a major major project that will bring what at least 1300 if not more units residential
[7:18] on the Sino property which is approximately 527 acres. We have another major project, though, announced by Mr.
[7:30] Gilmedi, for the Valero development area, which will be mixed use for residential, largely residential.
[7:39] I have to say, and then we have almost forgotten the arsenal project for the historic district,
[7:46] and that includes possible housing on East-H Street, and we have the Gateway Project,
[7:54] East-Eside on Fifth Street, Gateway Project, that is in process over several years.
[8:01] But my mind, with such extraordinary, large projects proposed, we, the public cannot
[8:09] be waiting for EIRs to be developed on each separate project and expect that we're going
[8:15] to get integrated planning. My proposal is that there be a committee formed, broadly
[8:22] representative of the community that gets at this proposal, or three development projects
[8:29] that are simultaneously being presented with EIRs maybe coming out sometime November or the next
[8:35] year, whatever. But they all are aware of each other, but in my history, working with EIRs,
[8:42] I know that cumulative impacts is usually a chronic failure of EIRs. Also, you can see
[8:49] that each project that's been proposed with whatever sketchy plan that's been made public online
[8:56] or in a meeting has largely had a map that only focuses on the planning area, not the whole area
[9:04] of the east side. Right now we have no integrated planning. And if we are talking about updating
[9:11] our general plan, I want to know what the values are going to be that under- under-lie,
[9:18] how we present these projects, how they will be evaluated, et cetera, et cetera. Because right now
[9:23] I'm very worried that we're relying on developers and place works to do this work. And we get to
[9:31] And then our comments, and then what happens?
[9:35] We get an EIR and then it's either,
[9:37] you guys vote on it or not.
[9:38] But that's not a public process.
[9:40] I'm sorry, and I'm really hoping you guys can agree
[9:44] that this is very necessary for our community.
[9:47] At this huge juncture point, because the changes,
[9:51] the east side is going to bear the burdens
[9:53] of a lack of planning.
[9:55] The East Side Project, the East Fist.
[10:00] Is it an example of bringing people together or dialogue, et cetera? But we don't have that now. We're the whole town, really, to be impacted. And is an east side stakeholder? I'm really concerned. Thank you.
[10:14] And you're probably aware that in our application to the air district, we are asked for money to do a whole new general plan.
[10:21] Yes, and that if that is funded and we hope that it would be that would be the opportunity and we're away overdue to have a revised general plan
[10:30] That would be the process where we would have a coordinated
[10:34] Integrated overall view look at the entire community and how these different parts
[10:38] May I just comment on that though. I'm talking about timing
[10:43] If EIRs are going to come out as soon as November
[10:46] than by the time you get any funds from the district on the General Plano, be like, hey, who's, you know, the tail's wagging the dog.
[10:58] Fair point.
[10:59] Thank you.
[11:01] Next speaker is Myronissa.
[11:12] My name is Myronissa.
[11:14] And I live at the East End of Portsite Village near East E and East Fifth.
[11:19] And I just want to point out that even in the summer,
[11:22] We can have a flooding issue if the tide levels are over 60.
[11:27] The tide will back up through the storm drains and pond into the driveways,
[11:33] and can go into various homes back there.
[11:37] Last week we had tide levels of 65 and 67 feet over several nights.
[11:44] And a committee of us, my neighbors and myself, had to walk around and make sure
[11:51] that no one's home was going to be flooded and we, we would like the city's help to resolve
[11:59] this issue.
[12:01] The city isn't going to resolve this issue.
[12:04] The city should consider buying our homespack at Park of Value and let it be a collection
[12:11] on for the coming title rights.
[12:14] But this has been happening ever since I moved here 27 years ago.
[12:19] So it's not a new issue.
[12:22] Thank you.
[12:23] All right, thank you.
[12:25] Next speaker, Clay Marl.
[12:34] Good evening, Mayor, city council members.
[12:37] Clay Marl, under local government affairs representative
[12:39] for Pacific gas and electric company.
[12:41] So I just wanted to come and say hello.
[12:43] And also let you know that I'm going to be reaching out to each of you
[12:46] individually to meet and give you some updates on some things that are
[12:49] going on with the company.
[12:50] But then also see what we can do to continue to support the city of
[12:54] So I just wanted to reintroduce myself, say hello, and be looking out for some outreach.
[13:00] I mean, I look forward to meeting with each of you individually.
[13:03] Thank you.
[13:04] Welcome back.
[13:07] Next speaker is Sohai Takar.
[13:20] Good evening, Mary Young.
[13:21] And members of the council.
[13:22] My name is Sahaja Takar.
[13:23] I'm a 14 year old living in Fairfield.
[13:26] I remember the Fairfield Youth Commission and the founder of the National Association of Youth Commissions.
[13:30] This is a non-profit organization where it's to establish youth commissions and cities where they're not already present.
[13:34] which for legislation benefits for the youth and increase the youth access to government.
[13:39] We're speaking to you today on a proposal that I've seen work first-hand and is one of the best things that a city can do for its young people.
[13:45] I'm asking you to revive with H.A.S. youth commission.
[13:48] For some context, the youth commission is a group of young people, typically aged 14 to 25,
[13:53] who work to advise the city council and mayor on topics relating to the youth.
[13:56] This can range from small issues that affect a few young people of the city-wide youth issues.
[14:00] Youth Commission's are creating with the purpose of bridging the gap between the youth of the city and the city's government.
[14:05] But Nietzsche did have a youth commission operating in the city, but it ended all operations approximately ten years ago.
[14:11] I do not know why.
[14:13] The youth commission would be different in just another program.
[14:16] And that this isn't the city giving to the youth.
[14:18] It's also the youth giving to the city.
[14:19] All the city needs to do is give them the chance.
[14:22] Cities with youth commissions often see real change in new laws, for example.
[14:26] The fearful youth commission is actually working with the city to implement.
[14:29] that's a backer retail license, which guides us the issue of smoking in our schools.
[14:33] These are the types of opportunities that the need should use need.
[14:36] And this wouldn't even be difficult to implement.
[14:38] All that is needed is a resolution that would establish the commission.
[14:41] And there's, what would also be minimal cost to the city, since there would only be,
[14:45] there would only be no need to hire any new individuals,
[14:48] since the only adults involved with the commission would be an adult advisor.
[14:51] There would also be a very little administrative cost, since the only real cost
[14:55] to be holding 5 monthly or monthly meetings.
[14:58] furthermore, through the nationals.
[15:00] Association of Youth Commissions. I would be happy to offer the city youth free research on how things like cost, appointment, and scope of work to play out.
[15:07] I'm requesting the City Council to direct staff to report back on potential to have the City could take in starting commission.
[15:13] I'd also be happy to serve as a resource for the city during this process.
[15:17] If any member of the council would like to contact me, my number is 707-344-999, or you can contact me through my website, youthcommissions.org.
[15:28] If any member to counsel is interested, please contact me and we'll be happy to help out with this process.
[15:33] Thank you.
[15:34] Can you repeat your phone number again?
[15:36] Yeah, at 7.07.
[15:37] 3, 4, 4, 9, 9, 9, 9.
[15:42] Thank you.
[15:43] Yes, thank you.
[15:45] Appreciate it.
[15:47] 14 years old.
[15:49] And it came to my office yesterday.
[15:50] We talked about this.
[15:51] I suggest you come back tonight.
[15:54] Maybe we can follow up on this.
[15:55] Thank you, sir.
[15:56] Is there any other audience who would like to make public comment on the agenda?
[16:04] Hi.
[16:05] Good evening.
[16:06] Cathy carriage.
[16:07] One long time in Indonesia.
[16:09] The air justice.
[16:11] The city recently submitted a grant proposal to the air district for a catalyst grant,
[16:16] which came back with some suggestions for approval.
[16:19] I'd like to ask that there be before the city residents that grant that there be
[16:24] more public input into the grant,
[16:27] So that we could possibly highlight some red flags or suggest some changes.
[16:36] There are a lot of people in our community who have been going to air district years
[16:40] for at this point literally decades.
[16:42] So I think that there's a lot of valuable community input that could be given
[16:47] in order to make the grant more successful.
[16:51] And I would like to urge that there be some time before the submission
[16:54] we're at the community can review it on completely different topic.
[17:01] I want to just let the community know that on August 11th at 7 p.m.
[17:07] The Progressive Dems of Venetia will have a Zoom meeting,
[17:10] where all of the Democratic candidates for city council and school board
[17:15] will be asked to participate.
[17:18] So that will be the community's opportunity to hear from them
[17:21] and to ask them questions.
[17:24] If you'd like to participate in that meeting, you can go to our website, and we'll have contact information,
[17:32] or you can email progressive Democrats of Benisha at gmail.com, and we will send you the Zoom link.
[17:40] So, thank you very much.
[17:41] I think this will be probably one of the first chances for the public to hear from our candidates running for office.
[17:50] And we'll also be having a discussion there of measures X, Y, and Z, which the council will be discussing later tonight.
[18:00] So it'll give you also an opportunity to ask questions about that.
[18:05] Thank you, Kevin.
[18:05] Thank you very much.
[18:07] If anybody else would like to make a public comment on an item, not on the agenda.
[18:13] Seeing one of the room, Mr. Moderator, is anybody online who would like to make public comment?
[18:17] All right, then I'll close this portion of the agenda and move on to the consent calendar, and we've got
[18:26] those, half a dozen or so items, the minutes from the July 7th, special on regular meeting,
[18:34] award of a 14 B is an award of a construction contract and approval of a notice of exemption under
[18:39] for the affordable housing at East 4th and L frontage improvement project.
[18:46] 14C is approval, the second amendment to an agreement with Larry Walker Associates for
[18:52] regulatory support for the storm water permit compliance. 14D is an acceptance of the military
[18:59] West Pedestrian Bridge as complete and authorizing the city manager to sign the notice
[19:04] of completion and authorizing the city clerk to file the same with the Sloan County
[19:08] Recorder's office.
[19:10] 14E is an acceptance of the 2025 Citywide pavement rehab and bicycle pedestrian improvement
[19:16] project as complete and authorizing the city manager to sign the notice of completion
[19:21] authorizing the city clerk to file the same with the Solana County Recorder's office.
[19:26] 14F is an acceptance of the water treatment plan, miscellaneous mechanical improvement project.
[19:32] 14G is the fiscal 2526-3rd-quarter investment report.
[19:39] 14H is to authorize a city manager to execute an agreement with the Sloan County Sheriff's Office
[19:45] to continue to provide animal control services for the city of Anisha.
[19:51] 14I is the second reading of the adoption of an ordinance adding a new chapter 12.54 to title 12.
[20:00] Street sidewalk in public places of the municipal code that has to do with vending approvals.
[20:08] And the title 5.28 title 5 business tax slices and regulations to regulate sidewalk vendors.
[20:15] And 14J is approval away of reading of all ordinances, it's introduced or adopted pursuant to the agenda.
[20:21] I'll first ask my colleagues, are there any items on the exact calendar that they would like to have pulled?
[20:31] I see no lights. I'm going to ask the poll 14H and 14I.
[20:39] Is there anybody in the audience who would like to pull in the of these items?
[20:43] And
[20:46] he is not, yes he is present, oh yes, yes ma'am, oh okay, no I am so full, okay and Mr.
[20:58] moderating anybody online who would like to pull a night up, all right so I'll accept a motion
[21:08] on 14 A, B, C, D, E, F, G, seven, J. Second. We got a motion in a second. Ms. Wolf, please
[21:19] call the role. Council members, for it's aye. Yes. Marcus Fata. Yes.
[21:25] Ms. Sonsky? Yes. Scott. Yes. And Mary Ann. Yes. And I, okay, that takes us to then 14
[21:35] each and that was I pulled that and I got a question for the chief on this item and this
[21:44] is an agreement with animal control services out of Fairfield I assume is where animal control
[21:50] is situated and right now under our process if there is a need for animal control they call
[21:59] made up there and then they need to drive down here and deal with it. One of the biggest
[22:06] if not primary issues we have with animal control are dog's offleashes and that happens
[22:12] down on the marina and it happens up around the dog park and community park on a regular basis
[22:19] on a daily basis and considering that this contract says they requires a phone call to Fairfield
[22:29] and then an officer to be dispatched down to Venetia.
[22:32] At the time they get here, the issue is, you know, dogs usually go on.
[22:37] But my question is, is there a way we can ask or include in the contract,
[22:43] a ability to have
[22:44] a animal control officer assigned here on a intermittent basis, a couple days a week, 8am to 9am,
[22:54] something like that, so that we don't have to, so we actually have somebody here.
[22:59] what it's needed.
[23:01] Is that something we're going to add to the contract?
[23:04] There might be a cost associated with that.
[23:06] And just to clarify, for instance,
[23:09] the layout was also a contract city.
[23:11] And so a lot of the animal patrol officers
[23:13] are not maybe operating out of a building.
[23:16] They're actually mobile.
[23:17] And so their response time is usually pretty quick.
[23:20] I think our agreement is that they need response within one hour.
[23:24] But we also instructed our staff who has the ability to also write off
[23:30] citations to periodically also patrol those areas as well. And so our community serves
[23:35] officers, our patrol officers routinely patrol those areas.
[23:40] I hope you're ready to just leave it as it is.
[23:43] I am aware of the issues down there. As a matter of fact, this week we've ridden several
[23:48] off-leash citations for that specific area. And that was also done by Craig.
[23:56] And then that general area downtown, where we receive the most complaints, several citations actually.
[24:02] And those were written by the Anam Patrol Officers from Psyllot County.
[24:07] Because we have requested some additional patrol down there, and so they took care of that.
[24:11] Well, let me, we don't need to write it into the contract.
[24:13] I just wanted to bring it to your attention, their attention, that it's an ongoing issue.
[24:17] And it sounds like you are aware of it, and it's being addressed.
[24:20] We also created, you may have seen some signage that we put down there, just kind of
[24:25] notifying the public, because many people, I think, they're not aware of the
[24:28] off-leash laws, and so we put signage down there that's visible to the public, and
[24:33] we also distributed flyers as well, just to kind of educate people.
[24:36] All right, good.
[24:37] Thank you.
[24:38] With that, I will move the item.
[24:41] All right, second.
[24:42] Public comment?
[24:43] Oh, I'm sorry.
[24:44] Thanks.
[24:44] Any public comment on this item?
[24:49] Or you look like you're about to get up?
[24:53] You're a resident down there, you may have a doctor.
[25:00] If we know how many citations have been issued for off-wish animals, this contract has been given over previous years?
[25:12] Well, I certainly don't know, but if the chief goes off the top of his head, he can respond.
[25:22] I do have some notes. I don't believe I have that
[25:28] number in my notes. I can provide that to you at a later time.
[25:33] But it's in the hundreds would you say from the beginning I would say it's in the hundreds plus a bad
[25:39] I would I would estimate to be less than that. I don't have the number from me
[25:43] Okay
[25:45] Yes, since the contract was the last contract was approved
[25:49] That was a question since the last contract was approved. Yeah, I would have to do a little research
[25:54] I don't have that. Okay. All right. Thank you any other public comment on the animal control services contract
[26:03] Anybody online who would like to speak to this issue?
[26:08] No, there is.
[26:09] All right.
[26:10] Then I will make a motion to approve it.
[26:13] I will second it.
[26:14] All right.
[26:15] Ms. Wolf, please call the roll.
[26:18] Help some of your sports.
[26:19] Yes.
[26:19] Largis Fata?
[26:20] Yes.
[26:21] Ms. Sensky?
[26:22] Yes.
[26:22] Scott?
[26:23] Yes.
[26:24] And there you go.
[26:25] Yes.
[26:25] And 14.
[26:26] I pulled simply for the opportunity to vote on this separately.
[26:32] And so, I opposed it last time I will post this time, but he's one opportunity to get my vote on the record.
[26:38] So, with that I can, you want to sort of make a motion?
[26:41] I don't know, it's a public comment.
[26:43] Is there anybody who would like to speak to this issue?
[26:46] Having to do with the vendors' ordinance.
[26:51] I don't see anything in the room.
[26:53] Is there anybody on mine who would like to speak to this issue?
[26:58] All right, I will move to approve 149.
[27:03] Second, we have a motion in a second, Ms. Wolf, please go the roll.
[27:07] Council members, birdside? Yes.
[27:09] Larga Spada? Yes.
[27:11] Ms. Sandsky?
[27:14] Yes.
[27:15] Scott? Yes.
[27:17] And Mary, yeah.
[27:17] No.
[27:19] And with that, we will move on to our business items.
[27:22] And our first business item is 15A and approval to place a limited city charter and real property transfer tax ballot measure on the November 3rd, 2026 ballot.
[27:35] And that will be presented by Ms. Shockey.
[27:38] Good evening, Marya and Council.
[27:41] Yes, I'm Sarah Shockey. I'm the deputy city manager and happy to present this item to you tonight.
[27:47] And I think it's a, first of all, of course I'm here to answer questions and we're joined online by our consultant, Michael, who you've met in the past and he's here for additional questions if the council were to have those this evening.
[28:03] And I wanted to be able to kick off this item by just reminding ourselves of the why.
[28:08] I don't know why. Why are we doing this so this is really an opportunity for us to capitalize on the development that the city is going to see. We have not seen development in our town in almost 30 years. And so here we are really I think our city manager has poetically described it as planting the seeds of a tree that we won't sit under his shade.
[28:36] you know, just really thinking long-term about how investing and collecting a real property
[28:45] transfer tax will truly impact the future of our city and the opportunity that is before
[28:55] us with multiple development projects from the Rose Estate's property, the potential with
[29:04] signature development at the Valero property, along with many other sites that you're already familiar with.
[29:09] Jefferson Ridge, Potentially Uba, et cetera. There's a lot of development on the horizon.
[29:15] And when we talk about development paying its fair share, well, oftentimes that's an initial
[29:20] opportunity by securing these measures, we're ensuring that those developments end up paying into a long-term,
[29:29] long term support of city services and so with that I am bringing forward the action for the city council this evening regarding measure why the limited city charter and measure see the real property transfer tax.
[29:48] Thank you, up to not more.
[29:51] I'm going to cover three slides or just less and five slides pretty quickly.
[29:56] This slide covers the...
[30:00] covers the history of the dates that we've had the opportunity to discuss with the City Council
[30:06] in the public, dating back from our goal setting workshop, and you can also see that there was
[30:10] two publicly noticed public hearings that occurred on May 19, and June 23rd. So just really
[30:16] wanting to remind council in the public that we have discussed this on numerous occasions.
[30:23] The next slide is identifying future dates. Should the council take action this evening?
[30:30] to move to adopt the resolutions, then these are some of the next steps that would take place.
[30:36] These dates are provided by the Solano County Register of Voters.
[30:40] So these are some of the next steps.
[30:43] And then should the council take the action in November voters would have the opportunity to consider these measures.
[30:51] And then the results are then determined based on the certification of the election results.
[30:58] So, we are including a measure of why protecting beneath this future part one limited charter.
[31:07] And the ballot question is included in your resolution and it's included here in the PowerPoint.
[31:12] In addition, we have measure Z protecting beneath this future part two of the real property transfer tax.
[31:20] And so we did our best to truly, even with the way we ask the questions to interlink them to showcase that they are connected.
[31:32] Only charter cities are eligible to charge or real property transfer tax and therefore,
[31:38] but residents would need to approve both in order for them to move forward.
[31:43] And so the requested action before the City Council this evening, it would be two independent
[31:49] actions to adopt the resolution for Measure Y to place it on the November 3rd, 206
[31:55] ballot and then adopt the resolution for Measure Z. And with that, now I am finished.
[32:03] Thank you. We're available for questions.
[32:05] All right, let's first turn to my colleagues on the council to see if there's any questions for
[32:11] Sarah on her presentation, and I'll include Vice Madam of Sensky in that question.
[32:19] I did see one might from Councilor Murska.
[32:23] I just have one question about the wording, the ballot measure wording, of measure
[32:28] why.
[32:30] And I'm sorry,
[32:37] and I just wonder is it a bit confusing and can we simplify it to be a little
[32:46] more direct and also not bury the lead. And I think part of the bearing the lead is the
[32:55] one purpose only. And so is there the chance to change the wording?
[33:05] If we were going to change the wording, then this evening is the last opportunity that we
[33:13] have to do so. There are a lot of rules around the way that we ask the questions, including
[33:19] a word count and including word count and then a few other things. So if there is a specific
[33:30] recommendation, then I'm going to end up counting our, I'm going to end up counting our
[33:34] words from the dies, but if there's a specific recommendation, I'm happy to facilitate the
[33:42] I think it's also beneficial to note that this is probably like past the 100th version of this question.
[33:56] I staff has spent a lot of time invested in how we asked the question, but if there's something that we have missed or a way to make it even clearer, we ended up moving forward with something.
[34:08] Michelle the city of Benisha adopted limited city charter that does only one thing.
[34:14] Allow the real property transfer tax in measure Z to take effect if voters approve both measures
[34:19] Y and Z, while everything else about how the city is governed stays the same.
[34:25] So we were hoping that this would be something that was simple and easy to understand and connect how the two are linked.
[34:31] But again, happy to I'm going to pull up a word doc here and happy to take feedback.
[34:38] So I ask the council member if he has some proposed language.
[34:44] And I do, and it's basically just slightly rewarding it, and it is just for your consideration.
[34:51] And I would suggest, should Banisha or Sha'al Banisha adopt the limited city charter.
[35:00] Here's the change. With one purpose only to allow voters to enact a real property transfer tax under
[35:08] measures Z, nothing else about the city, is city government would change.
[35:15] Well, that doesn't change the word count. The word is actually one less word that you put in there.
[35:23] So before we, but I think the answer is we could go with that if that was the direction
[35:30] from the council.
[35:32] Mr. Stock, do you see any problem with that?
[35:34] Change?
[35:36] No, I mean, as Miss Stocky pointed out, there's some issues governing the wording, but as long
[35:43] as the, it's under 75 words and it starts in the question is shall, the election.
[35:49] and it's written in a neutral fashion.
[35:53] That is acceptable and you can make those changes tonight.
[35:56] Okay, we'll hang on to that language.
[35:58] And we will ask if there is, well first,
[36:03] we'll go to Vice Mayor Ms. Shensky.
[36:06] Oh, I'm sorry, it's not Vice Mayor.
[36:08] It's Council Member Largis.
[36:10] Through the chair, I have a question for Council Member Scott.
[36:17] What's the material difference between this
[36:20] and your statement. They sound nearly identical and or maybe, maybe you see, what's your
[36:28] concern with the language has written?
[36:32] Excuse me. I think some of the reason why we lost the, while this measure died the first
[36:39] time is because people felt that we were adopting, we were going to a city charter that would change
[36:46] other powers within the city. And by saying with one purpose only, it says specifically this is
[36:55] only about a real property transfer tax. We are not suggesting any other change. So it's addressing
[37:03] what I believe was the key learning that came out of the loss, particularly as I related to the
[37:16] more powers. So this is a dot the limited city charter with one purpose only, and then if I
[37:25] I'm part of my direction, if I may, council number, can you read again verbatim your proposed language
[37:34] so staff can document that? And just to be clear, we need to say city of Benisha. I think in your
[37:40] first version you abbreviated. So it needs to say shout of the city of Benisha, but if you could continue
[37:46] Slowly read your suggested change so we can note it.
[37:50] I will.
[37:53] Shell, the city of Banisha, adopted a limited city charter
[37:58] with one purpose only to allow voters to enact a real property
[38:07] transferred tax under Measure Z. Nothing else about the city
[38:14] government would change.
[38:33] Do you have that text in front of you? I haven't. Can you just text it to me?
[38:38] Or even? I mean, no, no, I haven't. You're written. I can text you.
[38:42] You can. Oh, okay.
[38:50] Yeah.
[38:57] I don't see any other lights from the day, yes.
[39:00] Vice Mayor, did you have any questions?
[39:03] No, that's fine. Terrence and Johnson modifications.
[39:08] Then let's open it up to public comment and see if there's anybody in the room who would like to make
[39:12] public comment on the proposed language for measures X and Y. I'm sorry, Y and Z.
[39:21] Don't see anybody in the audience, is there anybody online who would like to speak to this issue?
[39:25] I'm sorry, we do have somebody miss Grundman.
[39:32] I'll just say that I think I agree with Council Member Scott's where he's heading with this.
[39:39] I think it isn't entirely appropriate to address the concerns that some citizens had with
[39:58] potentially.
[40:00] We gravitating to more and more power, even though that's not possible. The perceived potential
[40:13] with using taking more power. So I agree that you should consider that.
[40:20] All right. Thank you. I hope you understood what I was saying. Thank you.
[40:24] We gave Ms. Bourdain.
[40:27] I would second that, Maurice said, I think just saying it strongly,
[40:33] Shavel, and that this is the only purpose.
[40:36] That needs to be stated flatly like that. Thank you.
[40:39] All right. Thank you.
[40:41] Is anybody online who would like to speak to this issue?
[40:47] All right. Then I'll return it to the council for action.
[40:51] And what the request is, the two recommendations associated with the item, the first is to move
[40:57] and adopt a resolution shown as a attachment one, authorizing the placement of the limited
[41:02] city charter ballot measure with the proposed ordinance to own as a attachment one exhibit
[41:07] egg.
[41:08] On the November 3rd, 2026 General Election ballot and two moved to adopt a resolution, authorizing
[41:15] the placement of the real property transfer tax ballot measure with the proposed ordinance
[41:19] attachment to exhibit a on the November 3rd, 2026 general election ballot. So that is the recommendations.
[41:28] Do we have a presentation?
[41:33] Yeah, that was a transfer text.
[41:37] Oh, Mr.
[41:39] Yeah.
[41:39] We haven't done X yet.
[41:41] We just started with Y and Z.
[41:43] Yeah, I'm saying that.
[41:45] Yeah.
[41:49] I want to talk about, can we have the slide up again? Thank you. I think that the existing
[42:03] language captures the intent of what we want to do better than with one purpose only.
[42:12] We're saying that this limited city charter can only do one thing.
[42:20] I think updating the language with one purpose only is
[42:25] fuzzier than a limited charter that does one thing only
[42:32] allow the real property transfer tax and measures E.
[42:37] I think with one purpose only is squishier than the current language.
[42:45] How about if we said?
[42:47] I'm sorry we don't.
[42:47] Yeah I guess so.
[42:49] No one.
[42:49] I don't want to take off.
[42:50] If you don't.
[42:52] What if we said?
[42:54] Joe the city of Venetia dot a limited city charter that only does one thing.
[43:00] Go on.
[43:03] But that does only one thing.
[43:05] Yeah, that doesn't.
[43:06] But it says, you're saying move the only up?
[43:09] Yeah, that only does one thing, cool, allow for.
[43:19] Council, members, Scott, can you explain your reasoning
[43:22] why this doesn't work and one purpose only works?
[43:25] Because to me, with one purpose, that's a purpose.
[43:31] But it doesn't say that it can only do one thing.
[43:37] Okay.
[43:40] Thank you for that. I'm going to try to figure out how to respond. I think we need to
[43:46] speak in people's speak. And I think this is just typical, and I mean this with no disrespect.
[43:54] This is ballot speak. And I think that we need to talk the way people talk. I don't think
[44:01] people say that does only one thing starting with shall, et cetera.
[44:06] I think with one purpose only, I think that the key learning, again, that we got from
[44:15] the last go-round, was that it was going to be used for other purposes, not other things.
[44:22] I know this is a wordsmith thing, but other purposes, the purposes are maybe giving more
[44:27] power to the mayor and more purposes to change the planning or whatever it might be.
[44:32] I think it speaks directly in the language that our residents speak and understand.
[44:42] Again, to me, I'll flip it back.
[44:46] I think this is just slightly a little squishy and the only one thing because I originally
[44:51] marked it up the way the mayor did. And just by moving the only. And I thought, no, I-
[45:00] I think we need to be, I can't believe we're doing this. We're only creating a little bit more confusion and just say, for one purpose only, the purpose is to get to the next measure. You gotta do this in order to get to that. So that probably did not.
[45:22] And I would support your language.
[45:26] If I may.
[45:28] If I may.
[45:30] If it's the direction of council to go with the offered language by council member Scott, I would recommend a recess because we want to make sure that your offered language is legally consistent.
[45:42] For example, it does not reference both measures that need to be approved.
[45:48] It also suggests that the power only allows the voters to vote on it not actually enacted.
[45:59] So, understand as Sarah noted, the language that was vetted by staff and legal.
[46:05] And so, if it's direction of counsel, I'd ask for recess so that we can make sure that it meets legal standards.
[46:11] I have concerns.
[46:14] We just vote out.
[46:16] Well, that we've come back and change it.
[46:18] So if it's the desire of counsel to be that that the recommended language by council and
[46:24] or Scott is the way you want to go, we need to take a recess to make sure that it's appropriate.
[46:29] Because I think it's lacking in certain needed aspects.
[46:35] So another option would be that only authorizes one thing.
[46:41] rather than does only one thing. Maybe that's a good,
[46:48] but
[46:53] we need to get some consensus between the
[46:55] five of us, which of those we would like to have staff look at, and we can't take a short
[47:01] recess to allow that to happen. So we got one purpose only, we've got authorizes only authorizes
[47:11] one thing. If it's the will of council, and we want to modify that first sentence and substitute
[47:16] out one thing for one purpose, that is a far easier fix. That has only one purpose.
[47:34] I think I'm with Councilwoman Verdesi in that the language is fine as it is.
[47:45] So I believe I'm with Councilwoman Verdesi this evening on this item, where the language as is clear and appropriate.
[47:57] So, I think what we have is a split ending for the vice mayor and his direction.
[48:07] And the reason why I want to point that out is I just want to make sure that there is a majority
[48:11] to move forward before we call recess these guys get right in.
[48:15] And I must put this item, it takes forward.
[48:16] I support staff for recommendation.
[48:20] It takes forward members of the Council to put this on the bow.
[48:22] We need to forward.
[48:24] If I may, um, with the modification to reach of a city of Benisha, adopt a limited city chart
[48:31] charter that has a single purpose, allow the real property transfer tax on measure z to take
[48:38] effect if voters approve both measures y and z. Well, everything else about how the city
[48:43] is governed stays the same. That works for me. That has only one purpose. That's fine.
[48:51] For the benefit of the city clerk, would you like me to read it one more time?
[48:55] The only changes in that first sentence are the first clause.
[48:59] Shall the city of Banisha adopt a limited city charter that has a single purpose, allow
[49:06] the real property transfer tax in measures e to take effect, and voters approve both measures
[49:13] why, and Z, well, everything else about how the city is government stays the same.
[49:23] It does not. If the council is comfortable with that change.
[49:30] Technically, I'm not paying. Actually, vote. Okay. But for the language, put it on a doubt. Okay.
[49:39] And vice mayor, you're okay with that?
[49:46] In the proposed language. Okay. That means I think we have consensus. So let's
[49:56] I don't want to know on the action.
[50:00] But yes, on the language, can't do that. No, it's the language, it's the language, it's the resolution, it's the package, the resolution, it's the packet deal.
[50:07] We appreciate the council members assistance for the language.
[50:11] Okay. So it's a single motion with two parts.
[50:18] And I read it before.
[50:21] Two motions. Two motions. Correct.
[50:28] Do we need to take two separate actions, two separate votes?
[50:33] All right, so the first would be to adopt a resolution authorizing the placement of the limited city charter ballot measure.
[50:40] But you could vote for if you wanted.
[50:43] With the, well, I mean, it's not the transfer tax.
[50:46] It's the, it's the other one.
[50:48] Authorizing the placement of a limited city charter ballot measure with the proposed ordinance.
[50:54] on the November 3rd, 2026 General Election ballot.
[51:00] I will move that item.
[51:02] Oh, second.
[51:05] And Ms. Wolf, please call the roll.
[51:07] Council members, Berzai? Yes.
[51:09] Larga Spada? Yes.
[51:12] Ms. Sensky? Yes.
[51:15] Scott? Yes.
[51:17] And Marianne? Yes.
[51:19] And that takes us to the second port,
[51:21] which is to adopt any resolution,
[51:23] authorizing the placement of the real property transfer tax ballot, measure with the proposed ordinance attachment to exhibit a on the November 3rd
[51:32] 26 general election ballot. I will move that item and I'm a second that I
[51:37] All right, Ms. Wolf, please call the roll count some members for it's I. Yes, Largis Bada. No
[51:44] Ms. Sonsky
[51:47] Yes, Scott. Yes, and Marianne. Yes
[51:52] So, that takes us to convene B, which is the business license tax modernization measure.
[52:00] And this is an approval of a proposed ordinance and adoption of an election resolution
[52:05] and an approval of a ballot question, and this is presented by the City Manager, Mr.
[52:10] Giuliani.
[52:12] Thank you, Mayor.
[52:14] As noted in the previous presentation, this slide highlights all the opportunities we have
[52:19] to discuss this item with the City Council.
[52:22] We will not kind of belabor the process and various models.
[52:26] But any time I have an opportunity to talk about the business license
[52:29] modernization, I think it's worth noting that should this be successful in November
[52:34] more than 1,800 finishes businesses that pay a license today would pay zero next year in
[52:43] We were at following tonight's action, should the Council approve putting it on the ballot?
[52:49] We will have on August 7th, a registered submission deadline for our ordinance.
[52:55] On the 12th, we have the impartial analysis.
[52:57] This is due, the 14th arguments are due.
[53:00] The federal arguments are due on the 18th of August.
[53:03] The election is on November 3rd.
[53:05] if passed, we would follow up with certifying that election, and the new rates would go into
[53:12] effect in 2020, 7.
[53:15] Here's what's most important, and I shall read it for the benefit of those in the room.
[53:20] Measure X, the Benisha Business License Modernization, shall the city of Benisha adopt a business
[53:27] licensed tax measure, exempting businesses with 100,000 or less in annual receipts,
[53:35] setting tax rates by business category, ranging from $25 to $1,000 to $1,000 in receipts,
[53:44] capping those annual taxes at $1,500 in the first year with 10% annual increases until the
[53:51] is $25,000. With a separate marine terminal rate of $3 per $100 in receipts, generating
[53:57] approximately $590,000 in the first year until we're peeled by voters. And before members of
[54:03] the audience or council ask, I'm unlike the charter city, there are far more requirements in
[54:09] this ballot question than was the charter. For example, we need to put in the rates,
[54:14] we need to put in what the total campus of $25,000. These things are important. We have to note
[54:21] the approximate revenue that would be generated.
[54:24] So those are all requirements.
[54:26] Now, we have the staff recommended approach, however,
[54:31] we also have an alternate ballot language
[54:34] suggested by Mary Young yesterday.
[54:37] And the only change here is we are putting the establishing
[54:41] a separate rate for marine terminal
[54:43] before the other business category rates.
[54:47] With that Council can provide any feedback or direction, open it up for public comment and then return to Council for a vote and like the last measure.
[55:00] This two acquires four affirmative votes to be placed on the ballot.
[55:04] It's asking to answer any questions.
[55:06] All right. And this seems to be a lot longer that it's still within 75 words.
[55:11] Breck.
[55:13] Okay. And the reason I suggested this alternate language was because I believe that the
[55:29] measure the ballot language so that it focuses first on the 1800 businesses, do we want to say
[55:38] or can we say 1800 businesses or 1900 businesses, whatever it is, or no, we had that discussion,
[55:44] that's right, so that number will change.
[55:49] That those two items, the exempting businesses under
[55:54] $100,000 in grocery seats and the marine terminal tax, I think are likely to be more popular with the voters and that was my only reason to suggest moving them up to the top of the language and moving the other language down to the bottom.
[56:12] It's just my suggestion.
[56:15] Councilwoman Birdside.
[56:17] Is the city manager in the city attorney okay with this alternate language?
[56:24] Voice?
[56:30] Well, it does challenge the exception.
[56:37] Good.
[56:42] Give staff a moment to take a look at this.
[57:24] Okay, so to offer Council the issue that staff is dealing with now, as we go back to the original resolution,
[57:35] the exempting businesses with 100,000 or less setting the tax rates by business is important,
[57:42] because that exemption applies to those business categories.
[57:46] That exemption does not apply to the marine terminal.
[57:48] And so by placing the marine terminal ahead of the business categories, it messes up the exemption.
[57:58] So with that notation, I think staff would recommend our recommended language.
[58:06] Even though they're never going to be below 100,000 dollars in growth receipts, presumably.
[58:10] That's not necessarily true.
[58:16] Any other questions for staff?
[58:19] I'll start with Vice President Scott.
[58:22] I'm sorry.
[58:23] Calvin, I was gone.
[58:26] I'm a little confused about the amount that it generates.
[58:35] There's not a period in the entire sentence or it's a one sentence.
[58:41] So, is the marine, and I'm looking at it, without knowing the answer to this, all right?
[58:50] I know the answer because I've been in meetings and understanding what the marine term
[58:54] will generate, but I'm looking at it from the reader's perspective, is the marine terminal
[59:02] going to generate approximately $590,000 in the first year, or is the entire city of
[59:13] Benisha tax, the full tax modernization, including everything on business licenses and
[59:23] terminal generating a approximately $590,000 in the first year.
[59:32] Well, in vital, Michael Barrett to offer his thoughts on the generating approximate amount.
[59:39] The approximate amount, to just offer, up a ride just clarity of the Michael Union
[59:45] chime in.
[59:45] The 592 is the approximate amount for all taxes generated from the business license tax.
[59:52] except for the marine terminal.
[59:55] Except for the marine terminal.
[59:57] The marine terminal is not something that is...
[1:00:02] So, I'll offer Michael can offer further explanation and then seat council direction if you would like to exclude the potential revenue from re-interminal.
[1:00:11] And if that total would be about 1.6 million, we could do that number, or you leave it at 592.
[1:00:18] But Michael can offer his thoughts.
[1:00:21] So this is like a very from city attorney's office and I would characterize the 590,000 slightly differently than the city manager just did.
[1:00:33] I would characterize it as that is the city's staff's estimate of the annual revenue in that first year and that's the way the question is written approximately 590,000 in the first year.
[1:00:47] So what's suggested to summarize is that we currently estimate that there is no tax going to be generated in the first year at the Marine Terminary, is my understanding.
[1:00:58] And so it's perhaps as much a question as a statement, but, but it is my understanding that that $592,000 represents the city's estimate of the total revenue received in the first year.
[1:01:10] That's what that number should reflect.
[1:01:12] But if you have to explain it, it seems to be a little misleading because we're not going to be able to explain that when they're in the ballot and they're reading it.
[1:01:25] It seems as though that it includes marine terminal revenue, even though we know it's not including marine terminal revenue.
[1:01:38] Staff is, as a council direction, staff is certainly fine with modifying the estimated revenue to be 1.6 million, 12,000.
[1:01:50] That would include the marine terminal.
[1:01:52] In the first.
[1:01:53] Correct.
[1:01:54] We're comfortable proceeding in any direction the council would like to go.
[1:01:59] I'm more comfortable with that because I think it's a little more transparent about the actual receipts.
[1:02:05] And I don't think that's going to, you know, cause somebody to vote against it if it's a higher number but it's certainly necessary to talk about the potential.
[1:02:17] And because what the 3D is, we know that we're going to lose money on exempting the 1800 businesses.
[1:02:23] We're depending on the tier of business you're in for the rest that's going to go up or down in the Marine Terminal we expect would generate a positive return for attacks.
[1:02:38] So to me, the one point, what is it? 1.6? 1.6? 12,000.
[1:02:45] To me, that's more accurate and more transparent for the voters. That would be my thought.
[1:02:52] I was just going to state like deja vu.
[1:02:58] I support the staff recommendation.
[1:03:02] I don't know if we're still talking about your changes,
[1:03:04] because if it gets clear, it's logical,
[1:03:08] it's well structured, the commas are on the right place.
[1:03:12] If we want to change the revenue estimate from 592 to 1.6,
[1:03:19] that is fine, but staff recommendation,
[1:03:24] that's the way it very clear, it's structured,
[1:03:27] I understand your intent, but putting Marina in the middle of that thing,
[1:03:32] had the opposite effect, I mean, it got very confusing. Okay. Okay.
[1:03:37] Vice Mayor, Ms. Sonsky, did you have some comments on this?
[1:03:42] No, no, no, I don't know, I don't know, I don't know, I don't know.
[1:03:43] It's now a recommendation, I think it just makes it a little bit more concise, which will hopefully help.
[1:03:49] So you're good with the staff recommended language.
[1:03:58] OK, do we take the public comment?
[1:04:01] All right, let's open it up to public comment.
[1:04:04] Is everybody in the room who would like to make comment
[1:04:07] on this business-liced modernization ballot measure?
[1:04:12] All right, seeing no one as anybody online who would like
[1:04:14] to make public comment on this item?
[1:04:17] No, no, no.
[1:04:18] Then I'll return it back to the council for action.
[1:04:20] What we're at being asked here is a motion to adopt a resolution, authorizing a placement
[1:04:26] of the business license tax ballot measure with a proposed ordinance attached from one
[1:04:31] exhibits say through fee on the November 3rd, 2026 general election ballot and I will make
[1:04:38] that motion.
[1:04:39] And I will second that motion with the clarification of the estimated revenue of the change from
[1:04:45] 592.0.6.
[1:04:48] Whatever the actual number do we need?
[1:04:51] 1.6.
[1:04:53] 1.600,600,600,000.
[1:04:57] So that's the motion.
[1:05:00] Any other comment? If not, Ms. Wolff, please call the roll.
[1:05:05] Council members, for example. Yes. Largis Bada. Yes. Ms. Sensky. Yes. Scott. Yes.
[1:05:13] And Mary. Yes. And that takes us to item 15C, which is a resolution providing for and requesting
[1:05:20] the Solano County Board of Supervisors, to permit the ready for our voters to provide specified
[1:05:26] services in connection with the general municipal election to be held on November 3rd.
[1:05:32] This is, well, it's going to make a presentation, something to present here as well.
[1:05:36] Yes, this is a procedural item, and as you said, it's the proposed resolution providing for
[1:05:41] and requesting the Board of Supervisors to make the Board of Directors to provide specified
[1:05:46] services in connection with the general municipal election to be held November 3rd, 26, and
[1:05:53] This required pursuant elections code 100002.
[1:05:57] And the recommendation is to adopt the proposed resolution,
[1:06:01] which will enable the city of Benicia to obtain the services
[1:06:03] of the registrar voters office for the November 3rd,
[1:06:07] 2026 elections.
[1:06:10] All right, very good.
[1:06:12] Any questions from his wolf?
[1:06:15] All right.
[1:06:15] Is there anybody in the audience who would like to call
[1:06:19] a comment on this item?
[1:06:21] And is there anybody online who would like to speak to the side of Mr. moderator?
[1:06:26] No, there's no.
[1:06:27] All right.
[1:06:27] Then let's bring it back.
[1:06:28] And I will move the item, which is to adopt the resolution attachment.
[1:06:32] And they will be in the city beneath to obtain the services.
[1:06:35] The register of voters for the November 3rd, 2026 election.
[1:06:39] Make that motion.
[1:06:40] And I will second.
[1:06:41] All right.
[1:06:41] We have a motion in a second.
[1:06:43] Ms. Wolf, please call the roll.
[1:06:44] Council members.
[1:06:45] First.
[1:06:45] Yes.
[1:06:46] Marcus Bada. Yes. We're Sonsky. Yes. Scott. Yes. And Mary. Yes. And that takes us to 15D, a resolution calling for the general municipal election on November 20, November 3, 20, 26, and fees related to that election. And I guess this is also from this wall.
[1:07:11] The proposed resolution meets the requirement of government code calling for the
[1:07:16] original municipal election, setting the date for that election and identifying the officers
[1:07:21] for the city of which the election is proposed.
[1:07:24] It also continues the past practice of waving the statement fees for the candidates.
[1:07:31] The recommendation is to move to adopt the resolution calling for and give a notice of the
[1:07:35] general municipal election to be held Tuesday, November 3rd, 2026, and waving fees for the
[1:07:41] candidates, publication of their statements.
[1:07:45] Just to read the resolutions so that you understand that it includes everything, it's the
[1:07:49] resolution of the City Council of the City of Venetia calling for and giving notice of
[1:07:53] holding a general municipal election to be held Tuesday, November 3rd, 2026, the election
[1:07:58] of two city council members. Measure X, Benisha business license, modernization. Measure Y,
[1:08:06] protecting Benisha's future, part 1, limited charter, and measure Z, protecting Benisha's future,
[1:08:11] part 2, real property transfer tax, and as required by the provisions of the laws of the state
[1:08:17] of California relating to the general law cities and waving the fees for candidates. And if they
[1:08:23] sign the voluntary code of fair campaign practices.
[1:08:26] All right, thank you. I think that's sort of in the form of emotion. I will make that motion as described by this wolf.
[1:08:37] Is there a second?
[1:08:39] We do public comment on this slide.
[1:08:41] Oh, yeah. Oh, I apologize. Is there anybody in the audience who would like to speak to the issue of putting this on the ballot?
[1:08:49] Seeing none as anybody online would like to make public comment on that.
[1:08:53] All right, then, in that case, I will make the motion as described by Ms. Wolf.
[1:08:59] And I will second it.
[1:09:00] Ms. Wolf, please call the roll.
[1:09:02] Council members, Berzai?
[1:09:04] Largis Fada?
[1:09:04] Yes.
[1:09:05] Ms. Sensky?
[1:09:07] Yes.
[1:09:08] Scott?
[1:09:09] Yes.
[1:09:09] And Maryja?
[1:09:10] Yes.
[1:09:11] And that takes us to 15E with your zoning amendments for commercial recreation
[1:09:16] and outdoor food services, Ms. Torson.
[1:09:23] Good evening, Mayor and City Council. I'm Suzanne Torson,
[1:09:26] Assistant City Manager and Development Services Director.
[1:09:29] In this evening, I'm joined by Dave Einstein.
[1:09:33] Dave is ruining us as a senior planner on behalf of the City of Benisha,
[1:09:38] and we'll be presenting proposed zoning amendments for your consideration this evening.
[1:09:45] Thank you, Suzanne.
[1:09:46] So the next item before you is a proposal for two amendments to the Benecia Municipal Code specifically to our zoning ordinance.
[1:09:56] The first is...
[1:10:00] And amendment, pertaining to commercial recreation uses in our limited industrial zone. And the second is a proposal to allow outdoor food service in our mixed use in fill zone.
[1:10:14] The actions before you tonight, when we're done, we'll ask you to hold a public hearing on this item and introduce the ordinance that would make these amendments.
[1:10:24] Okay, a little bit of background on each of these two items will start first with the commercial
[1:10:32] recreation item in our limited industrial zone.
[1:10:38] There we go.
[1:10:39] This item actually began as a part of a project that you may be familiar with from last year,
[1:10:46] the commercial streamlining project, which was a fairly large collection of amendments to
[1:10:51] city zoning ordinance in downtown master plan with the intent of streamlining our regulations
[1:10:59] making it easier for businesses to locate here in Benisha. Following multiple study sessions
[1:11:07] with the City Council, the Planning Commission, the Economic Development Board, the Planning
[1:11:12] Commission then recommended that a wide range of amendments be made to our zoning ordinance,
[1:11:19] including a recommendation to create a new land use classification called commercial recreation indoor.
[1:11:30] And specifically, among other things, to allow it with certain limitations within our limited industrial zoning district.
[1:11:38] As I mentioned, there were a large number of amendments.
[1:11:40] There was a part of an oversight, the one amendment that didn't actually make it into the final package was the change that relates to what we're looking at tonight.
[1:11:55] The allowance of commercial recreation indoor in our limited industrial zone.
[1:12:02] But really what this item does is it cleans up that oversight.
[1:12:07] Second item is a proposal to allow outdoor food service accessory to an existing food
[1:12:16] or beverage operation within the city's mixed use in Phil's zone. We have provisions in
[1:12:24] our code that allow this use in all of our industrial zones, in all of our commercial
[1:12:30] zones. It leaves sort of as an orphan or mixed use in Phil's zone. So I'll show you a few
[1:12:35] locations where that is, the intent is to make sure that there's a clear path for approval
[1:12:42] for this activity within our mixed use intervals.
[1:12:48] Okay, talk about each of the two amendments specifically,
[1:12:58] there we go.
[1:13:00] Okay, the proposal is to conditionally permit, in other words, with a use permit, commercial
[1:13:08] recreation indoor uses with certain limitations.
[1:13:12] Those limitations, there's three of them.
[1:13:15] One is the tendency for the building.
[1:13:18] And in particular, the proposal is to allow them only
[1:13:22] in single tenant buildings.
[1:13:24] We'll talk a little bit about more about that
[1:13:26] when I get to the planning commission recommendation,
[1:13:29] because there is a little more to discuss in that topic.
[1:13:32] But the proposal is to allow them only in single tenant buildings
[1:13:36] Only within a limited area, along good year road, the properties that are along good
[1:13:42] year road and along gateway Plaza Drive, that totals of about 26 acres, which of our
[1:13:49] more than 2,000 acres of industrial land, it's less than 2% of all the industrial
[1:13:54] lands.
[1:13:55] If there are any concerns about this action tonight, we're looking to facilitate certain
[1:14:01] locations where this activity can be available for business owners who'd like to
[1:14:07] locate but not do it in a way that creates any risk of taking away too much of our industrial
[1:14:14] land. The final limitation would be limitation on the actual uses that could occur and it
[1:14:23] seems very limited so the proposal is that the only uses that would be allowed under this
[1:14:29] would be sports training, archery, and shooting galleries.
[1:14:33] And that seems, again, like a very small set of uses,
[1:14:36] when the city created the commercial recreation indoor
[1:14:40] land use classification, itself is its very narrow
[1:14:45] in the number of uses that are allowed.
[1:14:47] And specifically, there's eight that are called out.
[1:14:50] We could interpret that some other uses are similar enough
[1:14:53] to those.
[1:14:54] But really, there's eight activities and staff
[1:14:56] as a part of this, look to see which of those act...
[1:15:00] So, there are a lot of activities, really, might be more appropriate for broad set of areas, including industrial, and which ones really were not appropriate.
[1:15:08] And so, of those eight, we have activities like a theater, billiard parlors, arcades, skating rinks, things that in staffs, as we looked at this, we felt either they were much more appropriate for commercial zones and not industrial zones.
[1:15:26] Or there was a concern that they might bring in too many people, and you don't necessarily want lots of people congregating in an industrial district.
[1:15:36] So those specific uses that were identified are not being recommended to you tonight.
[1:15:41] That leaves three activities, sports training, archery, and shooting galleries.
[1:15:46] These are businesses that tend, you know, not to have large numbers of people congregating
[1:15:51] there, but they also might need larger spaces or spaces that may have more safety aspects.
[1:15:57] Two of them, and so staff is pushing the or proposing those three of the eight activities,
[1:16:03] as the ones that would be conditionally permitted.
[1:16:07] So that is the first zoning amendment for you to consider.
[1:16:12] Second,
[1:16:15] actually before we do that, let me highlight mentioned properties along Gateway Plaza
[1:16:20] driving.
[1:16:21] Good year, road.
[1:16:23] Those are accessed off of right rate at the Lake Herman eggs at off of 680 and so those
[1:16:29] arrows point at those two areas again about 26 acres.
[1:16:34] One thing we ought to note as well is that they're directly adjacent to other commercial
[1:16:39] activities right there.
[1:16:40] So there's already somewhat of a commercial character
[1:16:43] through that setting.
[1:16:44] They also have very good visibility from the freeway.
[1:16:48] OK, moving on to the second proposed amendment,
[1:16:51] this would allow outdoor food service in the mixed use.
[1:16:55] It mixed use in fills zone.
[1:16:59] As I mentioned, our current regulations allow this activity
[1:17:03] in all of our industrial zones, all of our commercial zones.
[1:17:06] This is the one area where you might
[1:17:09] of commercial uses that are, that our zoning ordinance does not allow.
[1:17:14] And so simply we're cleaning this up, we're making it clear that yep, in our commercial, in our mixed use infill zone.
[1:17:22] This is also an area where if we have restaurants that we want to support their ability to also have outdoor food service.
[1:17:31] So this amendment would allow for that.
[1:17:35] There's three locations that this would occur.
[1:17:41] There we go.
[1:17:42] The arrows there that you see point to those three locations.
[1:17:45] Two of them are shopping centers here.
[1:17:48] One is the self-hampton center.
[1:17:50] That's the top one.
[1:17:52] The middle one is these one out of square shopping center.
[1:17:56] And the final one is a collection of properties along military east,
[1:18:00] generally and east, L Street.
[1:18:07] Okay, next steps.
[1:18:08] I'll get
[1:18:15] this change. There we go. Okay. The Planning Commission reviewed this item on June 11th.
[1:18:22] They conducted public hearings and they passed a recommendation that the City Council approved these two amendments.
[1:18:29] But they did have one change that I do want to highlight. And I mentioned earlier that the recommendation to you as a part of this is that commercial recreation activities only be allowed in single tenant buildings.
[1:18:41] The Planning Commission looked at that and thought, well, that might be too limiting, you
[1:18:46] know, a lot of our industrial buildings have multiple tenants, and they felt comfortable
[1:18:51] allowing this activity in a multi-tinent building.
[1:18:56] Staff, however, is we've looked at this more closely, we realize that poses one potential
[1:19:01] challenge as a part of entitling a use permit for a commercial recreation activity.
[1:19:07] We have a lot of control as to whether or not they get approved or not, if there are aspects
[1:19:13] of that building or the location that are not appropriate and concerns about that, the city
[1:19:19] does have the ability to deny a use permit.
[1:19:22] If we do, however, approve a use permit and it's in a multi-tenant building, what we often
[1:19:28] don't control are the industrial uses that might go into those other tenant spaces.
[1:19:32] And so, staff is concerned that we allow a commercial recreation use and then, because many of our industrial uses don't require a use permit.
[1:19:42] We don't have nearly as much control and over time you could start introducing industrial users into other tenants faces that may not be compatible with the commercial recreation use.
[1:19:54] So, staff, even though the plan commission did recommend that this be allowed in multi-tended building staff.
[1:20:00] We have to continue to recommend, and yet as written before you and your staff report, is to allow these only in single tenant facilities.
[1:20:09] So, we have the Planning Commission hearing. They recommend your approval. Tonight, you will be asked to hold a public hearing and then conduct the first reading.
[1:20:18] And then we will have to bring this back to you.
[1:20:21] You may be familiar with ordinances, takes two actions
[1:20:24] with the first reading in the second reading.
[1:20:26] We are tentatively looking at coming back on August 4.
[1:20:29] It could be the meeting after that
[1:20:32] or the second reading in adoption.
[1:20:34] And finally takes 30 days for an ordinance
[1:20:37] to become effective.
[1:20:39] So with some certain date and September,
[1:20:41] if this item is approved,
[1:20:43] that's when this would be actual part of our municipal
[1:20:47] code.
[1:20:48] So with that, last thing I want to mention is California Environmental Quality Act, who
[1:20:54] always looked to see, first of all, is the project subject to the California Environmental
[1:20:59] Quality Act.
[1:21:00] In looking at it, we've concluded that there's multiple exemptions, but section 15,
[1:21:06] 301 and 15, 305, and so there's no particular secret action that has to be included with
[1:21:13] this.
[1:21:17] So the recommendation is that you first of all you hold public hearing and then you moved away of the first reading read by title only an
[1:21:26] Introducing ordinance a mending the Venetian
[1:21:30] With that I'll take any questions. All right. Thank you sir, and you're a new to the
[1:21:35] By the board. I am new to this planning department. Well. Welcome. Welcome. Thank you. I'll turn first to Council. I was God
[1:21:44] Thank you and welcome. That was great presentation. If you
[1:21:47] You wouldn't mind, can we go back to slide six?
[1:21:57] Oh, yeah.
[1:21:58] Part of being new is learning where I need to point.
[1:22:00] Let's try that.
[1:22:03] Right, yeah, go ahead.
[1:22:07] Thank you, Jeff.
[1:22:07] There we go.
[1:22:09] Up.
[1:22:10] I keep going.
[1:22:12] Right there.
[1:22:13] All right.
[1:22:14] A couple of questions on limitations.
[1:22:17] Can you define to me what sports training is?
[1:22:21] Yeah, the city's code doesn't go into any further details with one exception.
[1:22:28] It does include as a parenthetical reference, identifies batting cages.
[1:22:35] Now does that mean batting cages are the only kind of use?
[1:22:39] If somebody came in and said we want to have a basketball team to practice basketball, that probably
[1:22:46] fits under that.
[1:22:47] The only one specified activity that's under the code is batting cages, but things like that.
[1:22:56] So, which leads me to the limited discourse training, which I think we need to find further,
[1:23:06] archery and explain to me what you mean shooting gallery.
[1:23:10] Is this pistol shooting gallery?
[1:23:12] This is live ammunition gallery, shooting gallery.
[1:23:19] Is it into Java?
[1:23:24] Shooting galleries is carryover language from the municipal code.
[1:23:31] So the older municipal code, but it could mean any kind of target.
[1:23:40] So it's my fire live ammunition.
[1:23:42] I presume so, or it could mean not that, it could mean some other type of target, focused, recreational activity.
[1:23:55] That would be very concerning for me of people coming into the community.
[1:24:00] Well, I shouldn't be talking to this questions.
[1:24:02] So shooting galleries means, like, potentially live ammunition, long rifle, small pistol,
[1:24:10] could be any kind because we haven't defined it yet.
[1:24:16] Sports training could mean bad encages,
[1:24:20] could it mean Fusball, which is small,
[1:24:26] small court, hard court, soccer,
[1:24:30] which would be the same size as a basketball court?
[1:24:36] I think so if we're talking actual competition,
[1:24:40] that may be different than practice. Practice and training. It could be a training
[1:24:47] a can of me for a flu spolar, for soccer, or for any sport. Yeah, I think that would
[1:24:54] probably fall under separately induced health facility.
[1:25:03] We're going to just jump in here because these limitations were actually established in the 2025 amendments and are already applicable to sites in the general industrial zone.
[1:25:14] So the reason why we didn't dive deeper into the meaning of sports training is that sports, you know,
[1:25:23] the popularity of a sport can come and go, and we don't want to be too prescriptive on which sports can have a training facility,
[1:25:35] but rather recognize that training facilities, sports training facilities can be allowed in the zone.
[1:25:42] So the example of batting cages given,
[1:25:45] I could think of volleyball, I could think of golf,
[1:25:50] I think of basketball, baseball,
[1:25:54] any sort of, I would imagine the most likely scenario
[1:25:58] is a youth sports training facility
[1:26:00] that's who we've been contacted by in the past.
[1:26:03] Typically there's not as much interest
[1:26:05] in a sports training facility
[1:26:08] for something that's recreational for adults.
[1:26:10] So we did not choose to define sports training facility just because of the fluid nature of athletics and where people want to put their children or themselves into sports at any given time.
[1:26:27] Do you think that lack of definition could cause problems down the road?
[1:26:33] Who's going to be arbitrating that?
[1:26:37] Yeah, so whenever you're writing a zoning ordinance, you know, you want to be clear about the intent and you want to be clear about the requirements and the limitations, but if it's too specific, it actually creates more problems on interpretation.
[1:26:52] The zoning ordinance allows the zoning administrator, the ability to interpret and apply
[1:26:58] the regulations and all of our use classifications do require some amount of interpretation.
[1:27:06] That duty falls to the department director so at this time that is me.
[1:27:11] And I can delegate that to staff when needed so it's not something that we've run into so far as a big obstacle
[1:27:19] on uses such as this one, but that's how that's handled.
[1:27:25] Yeah, thank you.
[1:27:28] Thank you, Mayor.
[1:27:30] So sports training facilities cannot be used for games such as Pickleball or indoor soccer.
[1:27:52] We're conferring.
[1:28:06] Well, you're looking that up.
[1:28:07] Let me just comment that I agree with California Merza.
[1:28:10] I think Pickleball in particular is one of those sports
[1:28:14] where there is apparently a growing demand, and there are neighborhood impacts when you
[1:28:20] try to put them in parks or outdoors, putting them in indoor facility, would perhaps
[1:28:27] solve a lot of the neighborhood issues while continuing to allow or users.
[1:28:38] Yeah. Okay. We've pulled it up here. Those kinds of activities that you're venturing,
[1:28:43] pickleball similar to that, actually fall under a separate land use classification, sports
[1:28:50] and entertainment assembly. And so it has its own set of regulations and locations.
[1:28:59] Yeah, would that pickleball, for example, be allowed in these aisles zones under this proposal?
[1:29:06] Or are they all ready allowed?
[1:29:07] not as part of this proposal because it doesn't fall under this particular zoning category that we're looking at.
[1:29:18] So I would offer that pickleball, you're not going to get a bunch of people at the same time.
[1:29:27] So while I understand the use of the language and the existing language, I think,
[1:29:34] If not tonight, we would like to include eventually pick a ball in the indoor pick a ball in the industrial in these same areas.
[1:29:51] My, at least I would.
[1:29:54] My second question.
[1:29:55] Go ahead.
[1:29:56] Sorry if I can clarify.
[1:29:57] So um just
[1:30:00] Be clear, so if it's a facility that's providing training and practice, that would fall under commercial recreation and entertainment in door.
[1:30:12] If it's a facility that is providing a space for something like tournaments, that would fall under sports and entertainment assembly.
[1:30:21] So if somebody wanted to open a pickleball tournament facility, they would fall under the sports and entertainment assembly.
[1:30:29] If they want to offer pickleball training classes, then it would fall under commercial recreation indoor.
[1:30:37] And the reason is that any kind of a tournament activity is going to have higher participants and you'll have spectators.
[1:30:46] So that is a different type of land use than a practice facility.
[1:30:54] if somebody wanted to build a pickleball training facility for pickleball out there, that would be allowed, and then people could go and play pickleball each, against each other as long as there wasn't spectators.
[1:31:14] Yeah, as long as it's practice activity, yes.
[1:31:19] Okay, my second question is, it's already, this is just clean up.
[1:31:26] It's already allowed along a second, correct?
[1:31:42] Oh, is a second in the aisle zone, is another way to ask that question?
[1:31:51] For my years on the Planning Commission, I remember working on this and I think we zoned it as said.
[1:32:00] Yes, again, as long as it's in a single tenant facility, it is allowed along the second already.
[1:32:09] Thank you very much.
[1:32:11] Galhamers God.
[1:32:13] Thank you.
[1:32:13] I just want to be clear what you just said.
[1:32:17] You said, practices okay, and they could play against each other.
[1:32:24] That's competition.
[1:32:26] Competition is playing.
[1:32:29] So, what is it, is it a facility that, I mean, I'm sorry to get caught in the weeds, but I apologize.
[1:32:40] But it's either open to play games, practice, or learn, train, practice against each other, but no competition.
[1:32:54] And the definition of the difference between playing practice and playing against each other is a spectator.
[1:33:07] So, and I apologize.
[1:33:08] We do seem plus or I understand.
[1:33:10] We've not been presented with this scenario to be quite frank.
[1:33:13] So, the types of inquiries that were typically receiving are for basketball, batting cages,
[1:33:20] in my time here with the city,
[1:33:22] occasionally soccer,
[1:33:24] and they're all youth-oriented.
[1:33:27] So I believe that what I expect
[1:33:29] is that if somebody were interested
[1:33:31] in opening a pickleball facility,
[1:33:34] we would probably ask for a description
[1:33:36] of what they plan to do,
[1:33:38] and then we would evaluate that.
[1:33:41] So we would want to know,
[1:33:42] what is your actual business plan?
[1:33:44] If you're training people on pickleball,
[1:33:49] And maybe you're doing pickleball and tennis and it's all in door and it's a practice and training facility.
[1:33:59] Then we presume that it includes all practice and training activities.
[1:34:03] If there is a component where you're having a tournament schedule and you're selling tickets and we see stadium seats and all kinds of indicators of something that's more spectator oriented or a tournament facility.
[1:34:19] And then we will dive deeper and ask more about the specific business.
[1:34:24] What we typically do when someone is in the gray area is we present them with the options
[1:34:29] that would move them towards compliance with our regulations.
[1:34:33] So if somebody were looking at opening a pickleball facility in the limited industrial zone,
[1:34:38] we would understand what it is that they plan to do.
[1:34:41] And then say, well, if you intend to open your pickleball business in this location,
[1:34:47] And these are your parameters and these are the things that you shouldn't be including in
[1:34:52] your floor plan or in your project description in order for us to be able to support
[1:34:55] the project or determine that the project is permitted.
[1:34:59] So we try to guide people.
[1:35:00] People often, it's difficult for folks to parse our zoning regulations. And if we're able to understand their intention or their business plan, we can work with them on their location.
[1:35:11] If they said, well, practice is actually not a very big part of this. I want to make all of my money selling tickets to pickleball games that people will come from all around to view.
[1:35:21] So then we would have to say, sorry, that doesn't seem like it's going to be allowed in
[1:35:27] the zone, but here are the zones where your tournament facility could be located.
[1:35:31] So we do work within the gray area with people on a regular basis, and what we do is try
[1:35:36] to help them identify a pathway to achieve their goals.
[1:35:42] Okay, let me, if I may, may, may.
[1:35:46] All right, enough of the pickleball for a moment.
[1:35:52] The opening of the, he'll bring it back.
[1:35:54] Shooting galleries.
[1:35:56] Again, is this, this is live ammunition.
[1:36:00] Is there going to be purchase of ammunition?
[1:36:06] How, when they come to the facility,
[1:36:09] They'll be able to rent a pistol to fire, the place in Vacaville, you buy the ammo, you go in,
[1:36:21] and it's a shooting range, you put your air protection on, and you go, go, go.
[1:36:26] So is this a shooting, and I hate to get into wordsmithing, but I was before, so I'm as
[1:36:32] continue, is it a shooting gallery or is it a shooting range which then defines whether
[1:36:40] it's pistol or long rifle? I'm just really scared by this one.
[1:36:50] So one thing I would remind the council is that this, this is a conditionally permitted use
[1:36:57] all instances. So someone might have live the ammunition. They might not have live the ammunition.
[1:37:05] You know, quite, you know, I hesitate to speculate on the range of potential uses that someone might present.
[1:37:12] I've not been presented with this particular use scenario in the past.
[1:37:18] So it's a little challenging to answer your question, except to say that if someone does wish to come forward with a shooting gallery proposal,
[1:37:26] They would go through a public hearing and a conditional use process as well as all the associated
[1:37:32] reviews and just to kind of inform the City Council and the community, that would include
[1:37:38] review by all disciplines, probably including police, but police fire, building, planning,
[1:37:47] engineering, with the night towards, obviously, safety of the building occupants in the community as
[1:37:59] Thank you, Mayor.
[1:38:01] I just wanted to bring it back to Pickleball.
[1:38:04] Really quick, I just want to provide some input.
[1:38:06] I think Council Member Scott's term competition is a right term.
[1:38:14] And I would encourage staff to continue using that term versus tournament.
[1:38:18] Although tournaments can happen, but keep it simple.
[1:38:22] to really look at this, the most likely use it would be competition, friendly competition.
[1:38:30] That said, that use, and I think this is what staff said.
[1:38:35] I'm just encouraging you guys to keep repeating it.
[1:38:38] Not that I'm against a pickleball.
[1:38:39] I'm just trying to bring it back to what we're discussing tonight.
[1:38:42] The use for competition, as I mistaken, would fall under sports, entertainment, assembly.
[1:38:49] And so I guess then the question is does that apply to this zone or is it someplace else around town?
[1:38:57] Thank you.
[1:39:07] I recall correctly.
[1:39:08] Sports and air team in assembly is permitted in the open.
[1:39:12] It's conditionally permitted in the open space zone.
[1:39:22] So do the chair.
[1:39:25] So I don't want to get too far off topic.
[1:39:28] Just kind of curious.
[1:39:28] I'm sure someone else is going to ask.
[1:39:30] So does that mean if there were there was a warehouse.
[1:39:34] In the industrial park right now, the sports and entertainment assembly is not permitted.
[1:39:46] In the industrial zone.
[1:39:51] So, which is where I should go.
[1:39:54] To be clear, sports and entertainment assembly is a broad definition.
[1:40:00] I'd use classification. That can also include arenas. It can include, it's for, it's a larger format,
[1:40:07] facility than what isn't visioned or permitted within commercial recreation indoor.
[1:40:16] Significantly.
[1:40:18] So, it makes.
[1:40:20] Okay.
[1:40:20] Just to suggest, to think we're talking about two important things, but the only one is relevant at the moment, and that's looking at the zone changes that direction or suggestion for staff is to take this feedback and the feedback is
[1:40:44] Pickleball could be coming to Benisha and do we have a place for it or would we we
[1:40:51] We have to go back and look at the zoning again. I know you mentioned it's for outdoor
[1:40:57] Yes, they're outdoor facilities, but in Fairfield recently. I think it's early. It's like a week or two ago
[1:41:02] They just opened a big spot
[1:41:04] I don't know what that was zone four, but that's just something to be thinking about because those are I think the kind of opportunities that could come to the city
[1:41:13] about being prepared and or preparing for that scenario, if it's, if we can't even make it work,
[1:41:20] not suggest and we try to fit, you know, a square of peg in a round hole.
[1:41:28] If I may have an opportunity to correct myself, of course.
[1:41:33] Dave correctly pointed out sports in their team in assembly is also conditionally permitted
[1:41:37] in the general commercial zone and it includes indoor and outdoor spectator oriented sports,
[1:41:46] including sports staves, arenas, tournament facilities, and amusement facilities such as amusement parks,
[1:41:51] and many golf, et cetera. So. Thank you, Dan. Do you want to add something?
[1:41:59] Thank you, Mayor. I know this for some probabilistic, it's a distinction about a difference, but there is
[1:42:04] distinct difference in what's being described as training and practice facilities versus
[1:42:09] game facilities. And I think from a, when you take it for sport by sport, you have facilities
[1:42:17] that are soccer or foot-salt training facilities. You could have what appears to be a full court
[1:42:24] totally permitted by what we're talking about. The moment you open it up for tournament, it is not allowed.
[1:42:29] All right, with pickleball, you could have a pickleball court, it's training facility, you can play games.
[1:42:36] The moment you open it up for a tournament is not allowed.
[1:42:39] That is the big distinction that I think we're drawing here and as Suzanne noted,
[1:42:43] it's the idea of you're bringing in more people for spectator and recall this isn't industrial zone.
[1:42:49] Right, so we have to make sure that we understand, you know, not all the things that we would like, it's still industrial.
[1:42:55] That is the makeup of what's around there.
[1:43:01] But I think it's also a middle ground when it comes to pickable.
[1:43:04] You're talking about training as an allowed use in these zones,
[1:43:08] not tournaments, but there are probably people out there
[1:43:13] because of the demand for space and courts who would like to just develop
[1:43:18] three or four courts indoors that they rent out to people who want to play.
[1:43:24] Is that a tournament?
[1:43:25] It's just used by individuals, and I would like to encourage that, and my question is would that be allowed under what's being proposed here?
[1:43:35] So here's what I would say.
[1:43:38] If somebody approaches the city and says, I would like to invest in the Nisha and open a pickleball facility.
[1:43:46] Who would say what is your plan?
[1:43:48] If it's just recreation or the sake of fun, we will work with them to find a use classification.
[1:44:00] If it's commercial, we will develop our understanding of what they would like to do.
[1:44:06] And because Dave reminded me that sports and entertainment assembly is conditionally permitted in the general commercial zone,
[1:44:12] I have great news for that person, which is they could do training, practice, and tournament play in a single facility in the general commercial zone.
[1:44:25] And then they could be directed to the zoning map to find a location for themselves that would work perfectly.
[1:44:32] Otherwise, if they would like to tailor their project, we can also work with them on that.
[1:44:37] would be happy to process their use permit. But often, it's hard to predict what a specific
[1:44:44] business would be. If it's a commercial business, we have to take that into account
[1:44:51] if it's just a recreation like, like, park, like you can just go play, then we would look at that
[1:44:59] differently.
[1:45:00] So, there are, I guess I'm seeing there are multiple permutations of this concept that we could encounter, and I think that there is a solution within our zoning ordinance for all of them, but we would have to understeam the specifics of the business in order to accommodate it.
[1:45:15] But you go at commercial and I would say if I were a entrepreneur and I want to start a little
[1:45:22] applicable facility, I would rent the courts for $20 an hour. That makes it commercial.
[1:45:32] Would that be allowed in this zone? Not a tournament, just renting out courts,
[1:45:39] their players. This is hypothetical and what we'd want to do is speak with a business owner to
[1:45:45] to their plan and then guide them on the zoning requirements or direct them to the appropriate
[1:45:51] location.
[1:45:52] But there is the opportunity in Benisha for someone to open a facility like that, but why
[1:45:57] is there a zoning framework?
[1:45:58] But why would not these facilities, which are largely warehouse or empty large facilities,
[1:46:07] why would that not?
[1:46:08] Why shouldn't we just say that that's an eligible use also?
[1:46:11] Well, if it's a practice and training facility and they're not operating tournaments, then certainly their application could proceed as a conditional use and we would be happy to bring that forward.
[1:46:23] But the way I described it, I'm just going to put in courts and I'm going to read them out to individuals for 20 bucks an hour. Yes, it's commercial.
[1:46:30] But it's also not a tournament.
[1:46:32] Why can't that be an allowed use? Why can't we just add it as an allowed use tonight?
[1:46:40] I recommend that we, I mean, I think what you're seeing this evening is that we as staff are receptive to cleanups and updates that are informed by our work with our business community and the types of things that we see coming forward.
[1:47:01] And my recommendation is that we have a chance to use this ordinance and apply it to businesses that come forward.
[1:47:10] If there's something unreasonable that would truly prohibit a pickleball facility,
[1:47:15] I can commit to you that I will identify that as a priority and work on a cleanup to address it.
[1:47:21] But actually have confidence that we could work with a pickleball business to find a suitable location for them.
[1:47:30] depending on their business plan.
[1:47:34] But why would what's the downside for allowing it in these zones?
[1:47:39] Well, not commercial, not sort of it.
[1:47:42] I mean, not commercial, not turn it up.
[1:47:43] Mayor, if I can be direct, I think what you're describing is a extremely specific scenario
[1:47:48] that we've not encountered.
[1:47:51] Nobody's going to do one in the bill.
[1:47:52] No one's ever said, I want to just build some courts that I just rent out to people.
[1:47:56] What we're encountering is people saying I want to open a facility, I want to, this is my plan, I want to have that in cages. It's intended for youth baseball.
[1:48:10] These are the people that I want to serve. This is the facility that I'm looking at.
[1:48:14] I haven't had someone say, well, I want to open, I want to take a warehouse and turn it into an indoor sport court and then rent it out.
[1:48:21] If that were to come up, and we take a look at our zoning ordinance and find that it's an adequate, I hope you understand, I would want to address that.
[1:48:31] We understand recreation is important to the community and sports are important to the community.
[1:48:36] But I actually feel that we have the framework in place already to accommodate those.
[1:48:41] So if it's renting out space within a facility for a recreational play.
[1:48:50] You know, I guess, like not quite pick up games, but some leave and people are doing.
[1:48:57] And that's certainly just going to be the ones that get together that you just need to place the play.
[1:49:00] And they don't have stadium seating and they're not selling tickets.
[1:49:04] There's a scenario in which we could consider that practice.
[1:49:08] So, you know, we work with people all the time.
[1:49:11] We try to find a path to yes.
[1:49:13] We try not to be unreasonable.
[1:49:16] And so I think pickle ball, while an important sport is one of many important sports, and again, I guess my hesitation, you know, it's the council's will, we will take your direction.
[1:49:30] You know, my hesitation is that it feels very specific to call out pickle ball practice courts.
[1:49:36] It is, but I'm saying it makes it an allowable use, not that we're going to go out and look for people who want to do it.
[1:49:45] But it sounds like what you said is that you're responding to inquiries that you've had.
[1:49:51] So has there been an inquiry for a shooting gallery?
[1:49:54] No.
[1:49:55] That's a carryover from an older ordinance.
[1:49:58] But the inquiries that we have...
[1:50:00] I've had over the years have been, like I said, baseball, soccer, basketball. Those are the ones, and we've not had a place for them really. And so that was the responsibility that I was speaking to.
[1:50:14] And I would only point to the experience of Martinez where they put an out, they converted
[1:50:20] tennis courts to pickleball courts in a residential neighborhood. And the neighbors lost their mind.
[1:50:27] And they had to end up going and tearing it out and not allowing it anymore.
[1:50:32] And so the pickleball community was in an uproar, the residents were in an uproar.
[1:50:37] To find a place away from residential where the noise of pickleball would not be an issue
[1:50:42] Where it could be enclosed, I think, and I do believe there is certainly a demand out there just because somebody hasn't come to you doesn't mean there's not a demand there.
[1:50:53] We don't have very many pickleball courts outdoors in this community.
[1:50:58] This is an opportunity. I don't understand why we wouldn't just say it's unlawable.
[1:51:03] Maybe we don't have anybody coming forward, but we're saying shooting galleries are allowable and we have anybody coming forward for those.
[1:51:11] I think we will defer to the well of the council.
[1:51:16] If I may, Mayor, just want to make you aware that Vice-Membersinski has his hand raised on Zoom.
[1:51:21] Okay.
[1:51:23] Vice-Members?
[1:51:27] Thank you.
[1:51:28] One, Suzanne, for the scenario to where it would require a conditional use permit for a batting cage in the new zone.
[1:51:37] Why? I'm thinking of like the old card dealership or you know the specialty auto sales place that was over on the other side of the freeway.
[1:51:48] Why would you need a conditional use permit for that? Why can't we just make it an approved use?
[1:51:57] Yeah, I responded that. I don't believe that that's an industrial location.
[1:52:03] And so this action wouldn't create a use permit requirement for that location.
[1:52:08] But
[1:52:12] we're trying to trust really, though.
[1:52:14] That's commercial.
[1:52:18] Pretty sure.
[1:52:19] OK.
[1:52:23] If you could repeat your question, we see that, yes, this is an industrial zone.
[1:52:29] Yeah.
[1:52:30] So my question is, how many understand why you want to have a conditional use permit for a sports training facility?
[1:52:40] When there's a party other, I guess.
[1:52:43] Like the instance of this case, right?
[1:52:44] like there isn't an a large industrial user that would go into those spaces because there's
[1:52:50] some of the square footage of some of the small, my question is why, why would that area
[1:52:56] the same is like something that would be directly adjacent to a large industrial zone area that
[1:53:03] could be used by an industrial user?
[1:53:08] Yeah, so in that area we do have a collection of other
[1:53:11] industrial users. And what we would want to do is everything's sort of on a case-by-case basis.
[1:53:17] We would want to look at the proposal and under the use permit, we have to make certain findings.
[1:53:24] Make sure that there aren't incompatibilities and with all the services over there.
[1:53:32] I think that's the things that the council's struggling with.
[1:53:36] I guess I understand how planning works.
[1:53:39] But I guess I understand how planning works.
[1:53:43] I'm frustrated with the fact that there wasn't enough attention to detail, put into the
[1:53:48] recommendations that are being put in front of the city council.
[1:53:51] That's a specific area of the community where you don't need to have the same process applied
[1:53:55] because there aren't other industrial users over there. You're wrong.
[1:54:00] So if you like to correct yourself, that's fine.
[1:54:03] But I think you need to be very specific or we can carve it out and actually make it easier for
[1:54:07] these things to come into our community.
[1:54:09] It's ridiculous to require a conditionally use permit.
[1:54:15] So yes, and I did correct myself, I apologize.
[1:54:18] I thought you met the across the freeway from where we are here,
[1:54:21] not across from that location.
[1:54:23] So I misspoke, I'm sorry about that.
[1:54:27] So yes, I do correct that.
[1:54:30] Staff will generally, when you're looking to introduce potentially
[1:54:34] incompatible uses, we just don't know.
[1:54:37] Everything's on a case-by-case basis.
[1:54:39] If you make these uses, just generally a permitted use,
[1:54:44] you do lose some ability to look at that and say,
[1:54:48] this is a particular case where we think...
[1:54:51] A degree of the RIs, that's the RIs, that's the RIs.
[1:54:55] That's the RIs, that's the RIs, that's the RIs, that's the RIs, that's the RIs, that's the RIs.
[1:55:00] If I write use in that area, that's my feedback.
[1:55:04] Mayor, we will defer to the will of the council.
[1:55:08] Okay, I'm with the Vice Mayor on this, I think we want to make this as simple as possible
[1:55:13] and to require use permits for these types of uses seem to be overkill.
[1:55:20] I would like to see these things by right. I'm not sure about the shooting gallery.
[1:55:25] I share Complementary Scotts concerns about live ammunition.
[1:55:30] I think we ought to look at something other than live ammunition,
[1:55:34] and you can still have a shooting gallery with, yes, we will.
[1:55:40] We're still actually asking questions, but we don't open it up.
[1:55:45] That's my comment. Councilwoman Verzae?
[1:55:49] I would like to move to public comment.
[1:55:50] All right, let's do that and we'll ask for public comment on these questions, Ms. Grumman.
[1:56:07] First, Mr. Feinestein, welcome to council. I apologize it's been some rough.
[1:56:13] That was unnecessary.
[1:56:19] I hope that we can spend a little bit more time
[1:56:26] on the shooting gallery.
[1:56:30] I'm pretty concerned about that.
[1:56:33] I didn't realize that that language existed in the BMC.
[1:56:41] So,
[1:56:44] I think it's at the will of the council to modify that, and I certainly hope that you do, even if it's just from existing language, and there's been no, nobody's ever wanted to open a shooting gallery, now's the time to remove that.
[1:57:12] It's the Scaling Prospect.
[1:57:14] Thank you.
[1:57:14] Thank you.
[1:57:15] Ms. Board, eh?
[1:57:18] I'll just start that subject.
[1:57:21] I agree.
[1:57:22] This is not the time in which we're living to invite that and put that in writing.
[1:57:28] That's one of the allowable.
[1:57:30] If we've never had any interest in it.
[1:57:33] This is not a time to suggest.
[1:57:34] Oh, yeah.
[1:57:35] Venetians open to have a venue for training.
[1:57:39] Now, this is the word that is, for me, the trip wire about what goes on out there.
[1:57:45] It's about training.
[1:57:47] It's about something that helps that there's a teacher or an instructor or somebody who is
[1:57:53] constantly there.
[1:57:55] So it's not just for games being played.
[1:57:58] It could be played elsewhere.
[1:58:00] And for instance, the signature property proposal included a commercial area where that kind of
[1:58:09] one of the things that people call for.
[1:58:13] However, there's one suggestion I would have
[1:58:16] is that there are young people in this town,
[1:58:22] I'm sure, who are interested in climbing.
[1:58:26] And that's a very personal and private kind of,
[1:58:30] it can be a spot of as a sport, because people do it,
[1:58:35] And, you know, but it's also about developing your own personal skill at something that's
[1:58:40] very difficult, and you have to have instructors, and it's a, you know, gauge thing.
[1:58:46] But if you want to attract youth, I mean, place like REI, there are places where you can
[1:58:51] go to go climbing, but it's not in Venetia.
[1:58:54] That would be something new, and an adventurous, and I would suggest that that is more applicable
[1:59:02] all these days, then a shooting gallery.
[1:59:07] Thank you.
[1:59:08] Thank you.
[1:59:09] Is anybody else the audience who'd like to make
[1:59:10] a public comment on this item?
[1:59:13] Is anybody on mine who would like to make public comment
[1:59:15] on this item?
[1:59:17] No, there is not.
[1:59:18] All right, then let's come back to the council.
[1:59:20] I mean, if I may be fortunate to see you guys
[1:59:22] have kind of talked about this.
[1:59:24] There's several public comments.
[1:59:25] The shooting gallery concept is in the code.
[1:59:28] That's not before you tonight, just to be clear.
[1:59:30] I was something that has been in the code for a long time.
[1:59:33] If Council wants to provide direction to look into that,
[1:59:36] we would need to look into whether we can ban shooting
[1:59:39] galleries within the whole city.
[1:59:42] We're not going to make that change tonight.
[1:59:43] I wouldn't recommend that.
[1:59:45] Because there might be an issue with banning them within the city.
[1:59:49] Can we ban light ammunition?
[1:59:50] Again, tell me what if there's a Council wants us to look at those issues.
[1:59:54] We'd be happy to look at them.
[1:59:55] But I don't think you should be making those amendments from the day
[1:59:57] as tonight.
[1:59:57] Okay, well let's talk about that
[2:00:00] One issue, is there consensus, or can these three of us interested in having the city attorney look into the issue of shooting gallery and in particular the use of live aviation?
[2:00:13] Yes, I would be more than interested in that. I am very worried about the fact that in our society, we would be teaching people how to shoot. I know how to be teaching people how to shoot correctly, et cetera, but I don't want that in Venetia.
[2:00:28] Live ammunition, bringing in guns into the community.
[2:00:35] What was it prepared to talk about this?
[2:00:41] I'll tell you that when I sat on the Solano County Fairgrounds Association,
[2:00:48] I moved to Ban Gunchos and County Council walked it back. I got the votes, it passed, and then the very next meeting, County Council, under threat from the NRA,
[2:01:12] walked it back.
[2:01:12] So we're in some serious territory when we start talking about banning, banning, training on shooting.
[2:01:25] And so I will go ahead and support the decision to have staff look into it.
[2:01:35] I'm just, I have experience with this and, you know, we'll open ourselves up to lawsuits
[2:01:43] right away. Before, the day after that motion passed, County heard from the NRA and
[2:01:53] an affiliated associations. So if it's the will of the council that we want, you know,
[2:02:01] staff to look into it, I can support that, but I'm just giving that council in advance.
[2:02:11] All right, that's what I'm going to have to say on that.
[2:02:13] I want to comment on this.
[2:02:14] Yeah, I don't think that would be a good use of the city attorney's time.
[2:02:23] We haven't even looked at this.
[2:02:26] What are we solving for?
[2:02:28] It is everyone has entitled to their positions, their opinions, and so forth, but without at least having a conversation, which we're not going to do tonight, but what the problem would be solving for is I don't think that's a good use of the city attorney's time, so I wouldn't be able to.
[2:02:46] Okay.
[2:02:48] Vice Mayor, would you want to weigh in on this?
[2:02:51] Sure.
[2:02:51] Yeah, I don't necessarily know that we need to tackle that this evening, and I would actually use that as a perfect example of the type of something that we should require a conditional use permit.
[2:03:00] Unlike an organized training or sports recreation facility for like youth athletics, right?
[2:03:06] So I think that there is more community concern which would come with a decision like that, unlike a decision for a, you know, an engaged or a basketball group for, you know, sports.
[2:03:19] So even if it's organized?
[2:03:24] Yes, I think three of us has said, we would like the attorney to at least look into what some of the options are around this and my particular interest is can we ban the use of a live ammunition and still maintain a shooting gallery with something other than live ammunition for
[2:03:42] need or instruction or something like that, it's the live ammunition part, especially in
[2:03:48] an area where an airant bullet could go rip through a wall, whether it's a single tenant
[2:03:55] building or not, I think is problematic. So I think three of us have asked you to, at least look
[2:04:02] at the issue and come back to us. So we'll put that one aside for the moment. What do we want to
[2:04:10] about the issue of the sports training I assume Suzanne this would also mean fitness centers in general
[2:04:18] would not fall under this category. Fitness centers were already updated in the City Council's
[2:04:27] action last year. Yeah so but would they be allowed and so we're talking about a specific zone along
[2:04:35] a good year in part of Parkway that are specific the IL zone, not the where the
[2:04:45] Volarol site is, right? It's up a long second because we've already allowed certain types of
[2:04:54] recreational uses and fitness centers within the industrial park in general.
[2:05:00] We're talking about it. A different part. Yeah, up there.
[2:05:06] So, itness,
[2:05:10] health and fitness facilities are permitted with limitations in the limited industrial zone
[2:05:16] and require use permit in the general industrial zone and the limitations relate to the
[2:05:31] And now, I'll talk a little bit more about that.
[2:05:34] You know, Mayor, I think you and our, um,
[2:05:40] Suzanne are saying the same thing.
[2:05:42] And I think we're getting caught up on semantics.
[2:05:45] So, you know, I, I agree with, um,
[2:05:51] staff's recommendation to have it, um,
[2:05:56] conditional use permits because it's really important to,
[2:06:00] and ensure that the businesses around them are compatible.
[2:06:08] And the commercial area across the freeway, that's commercial, that's different.
[2:06:15] And so what's before us tonight, in my mind, makes sense.
[2:06:19] And I would like to keep the conditional use obligation in this ordinance.
[2:06:30] This is cleanup that's specific to two roads and, you know, fine with staff looking at, you know, what's permissible on the shooting gallery, but it wasn't the will of the entire council.
[2:06:48] It was I'll go along with it, but with all the caveats that I said before, but I would like to move to approve what
[2:07:01] before us this evening and not take away the conditional use, that's fixed.
[2:07:08] Okay.
[2:07:09] I have to work, please. Yes, quite fair.
[2:07:13] So I think it would be easy to stop.
[2:07:14] So I'd like for somebody to please give me the information.
[2:07:16] I'd like to be going to move the item and if not, that's fine.
[2:07:20] But the question I have that I still have is,
[2:07:22] especially auto status place that's over by star sports that has multiple
[2:07:28] tenants.
[2:07:30] Are we now in this action?
[2:07:33] Removing the requirement for conditional use permit for a sports
[2:07:37] training facility.
[2:07:41] Vice-Nera Allerous Fund.
[2:07:43] The proposal is to require a use permit for commercial
[2:07:50] recreation indoor, which is inclusive of multiple uses, including sports training, and the reason
[2:07:58] is because there are factors in the industrial district that would affect the compatibility
[2:08:06] of the use. There is proximity to the railway. There is proximity to existing industrial uses,
[2:08:14] as well as major traffic corridors and this is the proposal that we have before you this evening
[2:08:24] and it's consistent with how commercial recreation indoor is addressed in the general industrial
[2:08:31] zone as well. So the idea is you still have them or I guess we've been now you'd still require
[2:08:40] to use permit for that area.
[2:08:43] Correct. The proposal before you this evening would require a conditional
[2:08:46] use permit for commercial recreation indoor, which is inclusive of sports training.
[2:08:52] If I may mirror, let me write some clarity, and the operative word is still, the action
[2:08:57] tonight will allow something that is not allowed currently. That's the key point.
[2:09:02] Currently, you would not be allowed to do this. You even have the option of a condition
[2:09:07] use permit. So it's not still. It is providing a path to allow something that has been forbidden.
[2:09:13] That is what we're talking about tonight.
[2:09:17] Yeah, but I guess the point I'm trying to make in the want to make sure staff understands this is
[2:09:20] that that simple conditional use permit process is a massive barrier for small business that
[2:09:26] actually wants to try to make something happening in our community. And I guess what I'm trying to
[2:09:37] to the broad of a brush and not actually look at these unique zone to areas to try to actually make it easier within the community.
[2:09:45] And so I guess I'm not happy with the work that's been done, so I would either ask you to exclude that area specifically,
[2:09:54] or to continue until you've completed that work.
[2:10:00] Let me ask a question, Suzanne, you mentioned the proximity to a railroad, proximity to a highway, how was that relevant to an indoor bedding cage operation?
[2:10:16] It's all indoors. Why would being close to a railroad require a use permit for an indoor bedding cage facility?
[2:10:25] if I may.
[2:10:28] And this is a conversation that I've had for many years. And I want to highlight
[2:10:35] that this is an industrial park, so it's not so much the infringement of the activity
[2:10:41] of batting cages or soccer nets. It is having that activity next to uses that are very
[2:10:50] industrial. So, for example, you put something in there today and it's fine, but very
[2:10:55] next door, you're doing something that is an industrial nature that you might not want to
[2:11:01] have children going in there at a young age with an activity next to various types of industrial
[2:11:08] uses on that train that is carrying industrial material. And so that is the balance that
[2:11:14] we're, we've tried at staff four years and years and years to accommodate a community need,
[2:11:19] which is recreational in nature, balanced by the desire to insulate what is our breadbasket
[2:11:26] economically and from a job standpoint when it comes to an industrial activity.
[2:11:31] The count to Vice Mayor Mascinsky's point, the reason we are focusing on this specific area
[2:11:36] is because it is uniquely isolated and it does certainly have certain qualities that
[2:11:43] are we seeing the other industrial park, but it is unique and it's a standalone building.
[2:11:46] So, there was ever going to be a place where you would park these types of things.
[2:11:51] It's there, and that's why it's very, very limited, and you don't see these opportunities
[2:11:56] elsewhere on our industrial park.
[2:11:59] So, it is that balance to the vice-mars point out if we have identified it as the single
[2:12:04] location, do we really need to use permit?
[2:12:07] And that is to Suzanne's point.
[2:12:08] That's kind of the policy direction of council, if you'd like to proceed to that further.
[2:12:14] Now, we had a conversation earlier several years ago when we talked about recreational uses
[2:12:21] in the law or part of the industrial park, the more industrial portion of it.
[2:12:25] And the concern there was heavy equipment and sharing parking with heavy equipment and those
[2:12:33] were, I think, completely legitimate issues and then they should have been addressed and we
[2:12:38] did address them.
[2:12:39] Here, I think you said, though, that we might also see heavy industrial uses out in this area.
[2:12:46] And that's why we ought to have a requirement for a use permit.
[2:12:51] I think that we have to recognize that just beyond this property is a train track that carries various materials.
[2:13:00] I think the reason why staffs recommending additional use permit is we're sensitive of that activity can come in.
[2:13:08] We know, obviously, that we had a refinery, we had a cement factory related to that.
[2:13:15] Those things are still alive in our industrial park.
[2:13:19] We're just causing it of the environment in which we are allowing something that has not been allowed there before.
[2:13:25] That's the point that staff's trying to make here if Council feels that it's secure and safe enough and not concerned about those other activities
[2:13:34] And you don't want to use permit that's the direction council can provide
[2:13:38] It is the very least a step towards allowing something that was not previously permissible and so we're we're getting closer if Council wants to
[2:13:48] We'll move that pause button, that's certainly up to the will of the council.
[2:13:52] Thank you.
[2:13:53] Councilmember Scott.
[2:13:55] Thank you, City Manager.
[2:13:56] And I appreciate that.
[2:13:58] I appreciate the fact that we're looking at the opportunity of perhaps opening up a specific area that doesn't have some of the concern that I think was happening a number of years ago with big trucks and small cars.
[2:14:12] But I really agree with Vice Mayor Massinsky, and I'm trying to understand what we're trying to solve here.
[2:14:24] I don't think it's still, it's here yet.
[2:14:28] And I think that any action tonight would not understanding what we are going to do about shooting galleries,
[2:14:34] how we really defined what is a practice facility, competition, et cetera.
[2:14:40] I think there's so many unanswered questions that I think the best thing that we could do
[2:14:48] at this point is, and I hope a council of Vice-Marems, since he's agreeing with me,
[2:14:56] is perhaps come back and define a little bit further than difference.
[2:15:00] The conference between the conditional use permit and what we're trying to do in this one specific area.
[2:15:07] It seems that we're trying to open up an area but put so many restrictions on what it can be, yet across the freeway, you can't do that, because then it's a conditional use permit.
[2:15:23] I think that it's going to cause a lot of potential confusion.
[2:15:29] So, could you have a suggestion on how we proceed here?
[2:15:32] My suggestion is we send this back to staff.
[2:15:37] I think they've heard a lot of the areas of concern
[2:15:41] and represent this to us with a number of areas where
[2:15:47] what is the difference between the says location citywide? Well I think it's not
[2:15:55] citywide. It's a specific area identified in a zone and that other areas
[2:16:03] would have to be viewed from a conditional use permit. I think we need to define
[2:16:08] this a little bit further. Thank you. Thank you. Councilor Orwara as well. Thank you, Mayor.
[2:16:15] One final, terrifying question.
[2:16:18] I understand the point the vice mayor is making.
[2:16:25] And on one hand, I agree with them.
[2:16:28] Sometimes we just have to send us to make things really complicated.
[2:16:32] The other hand, I understand the point staff's making.
[2:16:35] So my question is, the conditional use permit or requirement, what impact would that have on the cost of an application and the timing as to review the application?
[2:16:55] because crossing my fingers that maybe everyone can kind of get what they want, which is if it's a
[2:17:03] bag and cage, let's keep it simple, but we just want that authority for lack of a better word,
[2:17:10] to pause, to really look at this, to scan the zone, to confirm, validate, and or say, you know,
[2:17:19] But this doesn't, because selling moved in six months ago, et cetera.
[2:17:23] So the condition of use permit, what is the impact on the cost and the timeiness to kind of proceed?
[2:17:38] So this ballpark estimate for a use permit would be probably about $7,000.
[2:17:48] In terms of timeline,
[2:17:54] regardless of whether there is a use permit, it will not be as simple as setting up a batting cage inside of a warehouse because this would be a change of use.
[2:18:05] So, there would be the use permit process or change of change of occupancy, pardon me.
[2:18:11] There's the use permit process by which we would evaluate the compatibility of, let's say, a batting cage, with the location and the surrounding businesses.
[2:18:21] Bering in mind that almost all types of industrial uses are permitted in the industrial zone, without a limitation on the hazard of those uses.
[2:18:29] The only limitation on the hazard of those uses is in the building and the fire codes.
[2:18:35] So we would take a look at the compatibility.
[2:18:37] We would take a look at parking.
[2:18:39] We would take a look at any other conditions of approval necessary to ensure the safety and compatibility of the use.
[2:18:46] It could then go into building permits because it's a change of occupancy.
[2:18:51] There would be certain code requirements that come into place for life safety.
[2:18:55] You know, we have some tilt-up buildings that do not have secure roof to wall attachments, for example.
[2:19:02] That would need to be addressed.
[2:19:04] We would also likely be looking at some upgrades for fire suppression,
[2:19:12] Begress, other life safety occupants or requirements ADA.
[2:19:16] And then, once the permit is approved, it can be issued and proceed to construction.
[2:19:20] And so while the use permit process, I would say is, you know, generally three to five months getting through all of the required permits would probably be closer to nine to 12 from start to finish just because it is a detailed process that brings in multiple code requirements beyond the city's per view.
[2:19:47] Yeah, sure.
[2:19:49] So what I'm hearing is, thank you.
[2:19:54] What I'm hearing is the purpose.
[2:20:00] Of the conditional use permit requirement, and I'm oversimplifying this, is to ensure that whoever moves into a unit in the industrial park, but still a real thing, that there is this review of everything you went through, whereas if the conditional use requirement wasn't in place, I'm oversimplifying it.
[2:20:26] Someone could literally move in and open a batting cage without a lot of the health safety requirements that you mentioned along with a few other things.
[2:20:40] So in the absence of the use permit, they could obtain their attenent, they would still need permits for their tentant improvements.
[2:20:49] They'd probably be looking at building permits, fire sprinkler permits, maybe an encouragement permit.
[2:20:56] But they would not have a planning permit, so there would not be a use permit.
[2:21:00] So the only requirements that the city would apply would be those established in state regulation in the building and fire codes.
[2:21:07] We would not be applying any conditions of approval or any requirements related to parking management, for example,
[2:21:15] or other things that could be site-specific and necessary to ensure that it's a harmonious use with its surrounding neighbors or safe.
[2:21:26] So, are you saying we don't have parking requirements through specific uses that they go in with no parking at all?
[2:21:33] We have parking requirements,
[2:21:39] but through the use permit process, we would evaluate the parking,
[2:21:46] often we're able to work with people based upon this particular business and the hours
[2:21:51] of their operation to allow a more efficient scenario for parking without limiting their ability
[2:21:58] to operate their business.
[2:21:59] But without making them go through the use permit process,
[2:22:04] is you're still going to do like safety,
[2:22:07] buildings,
[2:22:08] code.
[2:22:10] You still look at it.
[2:22:10] I review it of parking before.
[2:22:13] We would still look at parking.
[2:22:16] But probably there's not enough.
[2:22:21] And they go into a use permit anyway.
[2:22:24] So if they need a very much.
[2:22:25] Right, you don't get a variance to reduce parking.
[2:22:27] you get a use permit to reduce parking.
[2:22:30] But then in that instance, we're only looking at parking.
[2:22:33] We're not looking at the compatibility of the use.
[2:22:36] Which, again, this being in an industrial park,
[2:22:40] I would underscore that factor.
[2:22:46] I guess I'm struggling with the compatibility
[2:22:48] question of entirely enclosed operation of climbing
[2:22:55] structures or bedding cages or locker, whatever it is, if it's entirely enclosed and I'm
[2:23:04] struggling to figure it out what those external issues are that we would have to be concerned
[2:23:10] about.
[2:23:16] Businesses in the vicinity with noxious, hazardous, highly flammable materials in this area.
[2:23:26] in the limited industrial zone, yes, that are brought on and off site daily.
[2:23:32] That already exists.
[2:23:34] They, there are businesses like that in the limited industrial zone that do and will continue to exist because they're permitted.
[2:23:41] They are permitted.
[2:23:43] So, in that case, it's not that the city would seek to prevent a batting cage, but we might want to know more about the surrounding context and allow for a hearing,
[2:23:56] or allow for an evaluation or establish conditions of approval that reduce the risk to the
[2:24:03] commercial users of the business.
[2:24:07] So, I mean, those are the kinds of things that I would point out for you to consider.
[2:24:12] That's what words I like to move to approve, wave the first reading, read by Title
[2:24:19] only in and move to approve this ordinance that
[2:24:25] amends the Anisha Municipal Code.
[2:24:31] Is there a second?
[2:24:32] I'll second that.
[2:24:37] Before I call the vote, Ms. Vice-Mere, anything you want to add to this?
[2:24:47] Yeah, I'm not sure if you're making it easier.
[2:24:49] Yes, we're creating a pathway.
[2:24:50] Yes, the conditional use for installing the cost $7,000, but it's
[2:24:54] of the youth, which I'm trying to eliminate, because I think, again, I'll say it.
[2:25:00] I don't think staff did a detailed enough analysis toward the adjacencies of these uses, because if you pull up the tendencies, specifically related to the gateway, Plaza Drive 1, it starts sports uniforms, nicks custom golf carts, and then they do it only.
[2:25:19] So, somebody can explain to me how hazardous uses could potentially occur there, sure,
[2:25:27] because they could occur in the future.
[2:25:29] So then come up with a way to buffer them from the sensitive use that we're talking about in this area.
[2:25:35] I just, unfortunately, don't think we've hit the mark here.
[2:25:38] So if you guys want to move forward with it, go forward.
[2:25:40] I'm going to be voting now.
[2:25:45] As well as we want to have the vote.
[2:25:50] I want to call for the vote.
[2:25:51] All right.
[2:25:53] This was called the role.
[2:25:55] Council members.
[2:25:56] Yes.
[2:25:58] Larry Spada.
[2:25:59] Yes.
[2:26:00] Ms. Sensky.
[2:26:03] No.
[2:26:03] Scott?
[2:26:04] No.
[2:26:06] And there you go.
[2:26:07] No.
[2:26:08] So that puts us back to the question of whether we want to
[2:26:12] refer this back to the staff for further explanation and further refinement of the
[2:26:20] specifically having to do with the definition of limited, not limited, the commercial recreation
[2:26:30] portion I think is where we're sort of stuck. And I would like to see a little bit more
[2:26:35] discussion and analysis of why these particular uses for sports activities should not
[2:26:47] be allowable uses. That's my preference. And so I would like to make a motion that we refer
[2:26:53] this item back for further analysis and return to the council for further action.
[2:27:02] All right, we've got a motion in a second.
[2:27:04] Ms. Wolf, we call the roll.
[2:27:08] Sure. Yes.
[2:27:16] Yes. Yes.
[2:27:18] Thank you. That takes us to the council task force reports.
[2:27:24] The ad hoc reports.
[2:27:28] And Mayor Vice Mayor, you're remote,
[2:27:31] but do you have anything you'd like to add to this report?
[2:27:34] The board is part of the task force responsibilities continue to build committee questions related to
[2:27:41] as we all do.
[2:27:43] Okay.
[2:27:43] Nothing.
[2:27:44] Thank you.
[2:27:45] Thank you.
[2:27:47] The signature has been having a number of outreach meetings and we'll host two open house sessions at the library
[2:27:57] in August and September.
[2:28:00] They have three or four large meetings already scheduled over the summer to conduct, and they will be posting dates and times for their open houses later this week.
[2:28:14] So check their website.
[2:28:16] Let's go over there.
[2:28:17] Nothing new to report.
[2:28:19] All right.
[2:28:19] And I'll talk a little bit more as I usually do about the year district grant for those who were not aware.
[2:28:27] Our application was ranked by staff at the air district, we did not do well.
[2:28:35] The school district applied also for the catalyst grant.
[2:28:40] The score substantially higher than the city did.
[2:28:43] One of the issues was they submitted for very specific grants that were easy to understand.
[2:28:50] They had to deal with environmental improvements replacing windows in the like the problem and they asked for 25 million dollars of the 40.
[2:29:00] We asked for the full 40.
[2:29:02] The problem was that the school district projects had already been listed and voted upon by the public and a hundred and twenty two million dollar bond issue was approved.
[2:29:14] these projects are already there and paid for.
[2:29:19] And so it was the serving or certainly concerning,
[2:29:24] why they would want to apply for this money.
[2:29:28] I mean, the easiest explanation is there's a lot of money out there.
[2:29:32] Why not go for it? Why not try?
[2:29:35] And so I'm thinking that that was their approach.
[2:29:37] We've already got something written up.
[2:29:38] We used it for the bond issue. Why not?
[2:29:41] I don't think that the raiders at the air district understood that, so there was a meeting of the community economic and housing justice, I think it's a name of the committee at the air district that I serve on.
[2:29:57] They had a meeting to talk about the ranking.
[2:30:01] There was a number of Venetia residents who commented, including myself. And we raised this issue with the district. We raised
[2:30:12] issue about the rankings. At the end of the day, the leadership of the district said, well, the rankings are done, but we want to give both the
[2:30:24] the city, the right, the opportunity to go back and talk some more with us and amend their
[2:30:31] applications, which was good news. And so the city now has been working hard on trying to
[2:30:40] update and change our grant application, and it's due in a week, or it's due by the end of the month.
[2:30:49] And then what's going to happen is that the air district will come back with revised recommendations,
[2:30:56] which will go to the full board on September 2nd.
[2:31:00] We will know within the first couple of weeks in August what their response is.
[2:31:08] And that will probably determine what our response is, at least from a community input we may end up
[2:31:18] second or having people call in by Zoom and comment or alternatively maybe they give us a much
[2:31:26] better ranking the second time around and we don't have to do all that. So it remains to be
[2:31:33] seen the only other thing I wanted to mention is that the guidelines themselves were in my mind
[2:31:41] suspect from the beginning. I didn't raise it at the time they were approved by the board because I
[2:31:46] more focused on making sure the city got an exemption from the partnership requirements,
[2:31:51] which we were successful in doing, which was a big deal, but the result was that the non-profits
[2:31:58] who were applying for the opportunity grants did not get that exemption. And they had to go through
[2:32:04] a much more elaborate application process, a very bureaucratic and top-down process. And the hardest part
[2:32:13] for me to understand was a requirement that the non-profits find a partner, and that that
[2:32:21] partner then would get 25 percent of whatever was granted to the non-profit.
[2:32:28] And for the life of me, I don't understand what the purpose of that rule is, because in
[2:32:33] Benetians case, it was sort of forced some shotgun marriages for groups that may not have had
[2:32:40] reason to work together, yet 25% of the money would be peeled off from the main applicants,
[2:32:47] proposal, and spent, or given to this partner agency. And I'm not sure what that money
[2:32:54] would be used for. So I've, I'm going to be speaking, and I have written a memo to the leadership
[2:33:00] at the Air District, suggesting that they need to look at that particular rule, because although
[2:33:06] So it may be too late for Benisha.
[2:33:09] This is the first of many such processes
[2:33:12] that the air district will go through
[2:33:14] and they need to get this right.
[2:33:16] And right now I don't think it is right.
[2:33:18] So that's maybe a little bit too much in the weeds,
[2:33:22] but there's a lot of money involved.
[2:33:24] And there's a lot of nonprofits who are hopeful
[2:33:26] of getting something.
[2:33:27] And if we're gonna make this thing work,
[2:33:29] we gotta make it work right.
[2:33:31] And so I'm working on that and of it.
[2:33:33] I'll certainly be working once we submit
[2:33:35] our application and then we're going to have to be working with the other board members to make
[2:33:40] sure we can get majority support when the time has come so it to actually approve the grants
[2:33:46] themselves. So the next six weeks between now and September 2nd will be critical and there's
[2:33:53] a lot of money involved. It's 30 to 40 million dollars on the city side and we're also applying
[2:33:58] some opportunity grants and some local non-profits are applying for opportunity grants.
[2:34:04] So it's a significant opportunity and we need to
[2:34:13] take every opportunity we can use that
[2:34:16] award to many times.
[2:34:17] Every chance we can to press the city's concerns and issues with the larger air district board.
[2:34:25] And I'll leave it at that.
[2:34:26] So with that, we are a direct
[2:34:33] recording stop.