1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
SPECIAL AND REGULAR MEETING
JANUARY 4, 2022
6:00 PM
Videoconferencing meeting: Complete proceedings of which are recorded on tape. These are action minutes; a full video is available online at www.ci.benicia.ca.us/agendas.
CORONAVIRUS (COVID-19) ADVISORY NOTICE
1) CALL SPECIAL MEETING TO ORDER (5:30 P.M.)
Mayor Young called the Special Meeting to order at 5:30 p.m. 2) CONVENE OPEN SESSION
4) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
3) ROLL CALL
All Council Members were present.
5) ADJOURN TO CLOSED SESSION
5.A - CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED
LITIGATION
Pursuant to Government Code Section 54956.9(d)(2)
Number of Potential Cases: 1 (Crestview Apartments, LLC, July 8, 2021, Government Code Claim on File with City Clerk’s Office) Mayor Young adjourned the meeting to Closed Session at 5:32 p.m. 6) RECONVENE OPEN SESSION
Mayor Young reconvened the Open Session at 6:03 p.m.
7) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
Ben Stock, City Attorney, stated there were no reportable actions taken during Closed Session.
8) ADJOURNMENT OF SPECIAL MEETING AND CALL REGULAR MEETING TO ORDER (6:00 P.M.)
2 9) ROLL CALL
All Council Members were present.
Vice Mayor Campbell arrived at 6:07 p.m.
10) PLEDGE OF ALLEGIANCE
11) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
12) ANNOUNCEMENTS
12.A - MAYOR'S OFFICE HOURS
12.B - OPENINGS ON BOARDS AND COMMISSIONS
13) PROCLAMATIONS
14) APPOINTMENTS
15) PRESENTATIONS
16) ADOPTION OF THE AGENDA
Erik Upson, City Manager, stated that Item 20.D was being removed/continued to a future meeting.
On motion of Council Member Largaespada, seconded by Council Member Strawbridge, Council approved the Adoption of the Agenda, as amended, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
17) OPPORTUNITY FOR PUBLIC COMMENTS
18) WRITTEN COMMENT
Please click here for written public comments.
19) PUBLIC COMMENT
1. Marilyn Bardet - Ms. Bardet discussed concern regarding not being able to be seen during remote City Council meetings.
2. Larnie Fox - Mr. Fox discussed the issue of a 1/2 % tax for art.
3. Vice Mayor Campbell - Vice Mayor Campbell discussed the issue of Covid 19 rates, the traffic mitigation that was supposed to be done by the developers of the
3 new houses along Columbus Parkway (he would like a copy of the agreement), and the need to work on the Urban Growth Boundary Measure.
4. Erik Upson - Mr. Upson introduced Jennifer Baker, the City's new Library Director.
20) CONSENT CALENDAR
20.A - APPROVAL OF CITY COUNCIL MINUTES FROM DECEMBER 7, 2021 AND DECEMBER 21, 2021 REGULAR MEETINGS (City Clerk) This item was placed on the agenda in error. The minutes will be on the January 18, 2021 City Council meeting agenda.
20.B - SECOND READING AND ADOPTION OF AN ORDINANCE
AMENDING CHAPTER 8.24 REFUSE MATTER DISPOSAL (Public
Works Director)
Staff Report - 2nd Reading and Adoption of Amendment to Chapter 8.24 Refuse Matter Disposal
1. Ordinance - Amendment of Chapter 8.24 Reuse Matter Disposal ORDINANCE NO. 22-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING CHAPTER 8.24 (REFUSE MATTER
DISPOSAL) OF TITLE 8 (HEALTH AND SAFETY) OF THE BENICIA
MUNICIPAL CODE TO REGULATE THE DISPOSAL OF RECYCLABLE AND
ORGANIC MATERIALS
20.C - SECOND READING AND ADOPTION OF AN ORDINANCE
AMENDING BENICIA MUNICIPAL CODE TITLES 8 (HEALTH AND
SAFETY) AND 15 (BUILDING AND CONSTRUCTION) TO ADD
FINDINGS AND ESTABLISH REGULATIONS FOR
CONSTRUCTION WASTE REDUCTION, DISPOSAL AND
RECYCLING AND WATER EFFICIENT LANDSCAPING
(Community Development Director)
Staff Report - Building Code Amendments
1. Ordinance Amending Titles 8 and 15
ORDINANCE NO. 22- 2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING BENICIA MUNICIPAL CODE TITLES 8 (HEALTH AND SAFETY) AND 15 (BUILDING AND CONSTRUCTION) TO ADD FINDINGS, AND ESTABLISH CHAPTER 15.40 (MANDATORY
CONSTRUCTION WASTE REDUCTION, DISPOSAL AND RECYCLING AND
WATER EFFICIENT LANDSCAPING), AND FINDING ADOPTION OF THE
ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
4 20.D - APPROVAL TO PROCEED AND MAKE NECESSARY BUDGET
AMENDMENT TO PAVE THE NORTHERN PORTION OF EAST E
STREET PARKING LOT (Public Works Director)
Staff Report - Approve East E Street Parking Lot Paving Project
1. Resolution - Establish East E Street Parking Lot Paving Project This item was pulled/continued to a future meeting.
20.E - AUTHORIZATION CONTINUATION OF VIRTUAL MEETINGS
(City Attorney)
Staff Report - Authorization of Continuation of Virtual Meetings
1. Resolution - Authorization of Continuation of Virtual Meetings RESOLUTION NO. 22- 1 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA AND ON BEHALF OF COMMISSIONS AND
COMMITTEES CREATED BY THE CITY COUNCIL AUTHORIZING
TELECONFERENCE MEETINGS IN COMPLIANCE WITH AB 361
(GOVERNMENT CODE SECTION 54953(e)) TO CONTINUE TO ALLOW
MEMBERS OF THE PUBLIC TO SAFELY PARTICIPATE IN LOCAL
GOVERNMENT MEETINGS
20.F - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
On motion of Council Member Largaespada, seconded by Council Member Macenski, Council approved the adoption of the Consent Calendar, as amended (removing 20.D), on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
21) BUSINESS ITEMS
21.A - ADOPTION OF THE ANNUAL AND FIVE-YEAR AB 1600 REPORT (Finance Director)
Staff Report - Adoption of Annual and Five-Year AB 1600 Report
1. Resolution - Adoption of AB 1600 Report with ExhibitA RESOLUTION NO. 22- 2 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ACCEPTING AND ADOPTING THE DEVELOPMENT FEE IMPACT REPORT PURSUANT TO GOVERNMENT CODE SECTIONS 66001, 66006, AND 66013
5 Bret Prebula, Finance Director, reviewed the staff report.
Council Member Largaespada suggested Staff link the impact fees, so they are more accessible on the website so that they are visible on the City’s main page, Finance page, and Community Development page.
Council Member Macenski and Staff discussed how the City reports AB 1600 funds.
Mayor Young and Staff discussed how money that is collected and disbursed for various situations (parks, traffic, library, etc.).
Public Comment:
None
On motion of Council Member Largaespada, seconded by Council Member Strawbridge, Council approved the adoption of Resolution 22-2, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Largaespada, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: (None)
21.B - AMENDMENTS TO TITLE 17 (ZONING) OF THE BENICIA
MUNICIPAL CODE AND THE BENICIA GENERAL PLAN IN
ORDER TO IMPLEMENT THE EASTERN GATEWAY STUDY AND
ADOPTION OF AN INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION
Staff Report - Eastern Gateway
1. Draft Resolution - General Plan & IS-MND
2. Draft Ordinance Amending the Benicia Municipal Code (Zoning) and Zoning Map
3. Resolution 19-111 (CC)
4. Minutes of City Council, March 16, 2021
5. Minutes of Planning Commission, February 11, 2021
6. Minutes of Planning Commission, July 29, 2021
7. Minutes of Planning Commission, November 4, 2021
8. Walking Tour Feedback Memorandum, November 2, 2020
9. Open House Feedback Memorandum, June 29, 2021
10. Comment Matrix of Feedback Received on Draft Regulations, November 4, 2021
11. Planning Commission Staff Report, December 9, 2021 (without attachments)
12. Resolution 21-7 (PC)
13. Draft Excerpt Minutes of the Planning Commission, December 9, 2021
14. Public Comment from December 9, 2021 Planning Commission Hearing
15. Resolution No. 21-12 (ALUC)
16. Public Comment on Draft Initial Study-Mitigated Negative Declaration
17. Yocha Dehe Wintun Nation Letter, November 17, 2021
6 RESOLUTION NO. 22- 3 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ADOPTING THE INITIAL STUDY-MITIGATED
NEGATIVE DECLARATION PREPARED FOR THE EASTERN GATEWAY
MIXED-USE DISTRICTS PROJECT AND AMENDING THE GENERAL PLAN
LAND USE MAP AND AMENDING THE GENERAL PLAN TO INCORPORATE NEW GOALS, POLICIES, and PROGRAMS RELATING TO THE EASTERN
GATEWAY STUDY
ORDINANCE 22- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING TITLE 17 (ZONING) OF THE BENICIA
MUNICIPAL CODE (BMC) TO ESTABLISH TWO NEW MIXED-USE
DISTRICTS AND MAKE ASSOCIATED AMENDMENTS TO SUPPORT
IMPLEMENTATION OF THE EASTERN GATEWAY COMMUNITY VISION,
AS WELL AS CORRESPONDING REVISIONS TO THE BENICIA ZONING MAP
Suzanne Thorsen, Community Development Director, and Ben Noble, Consultant, reviewed the staff report.
Building Height:
Council Member Largaespada and Staff discussed the issue of four and five story buildings in the Eastern Gateway, whether we could use the conditional use permit process to review projects that were asking for four of five story developments, whether Council could be part of the tier two process, the appeal process for neighbors, and Council's ability to call back an item.
Vice Mayor Campbell discussed the process for a council member to call back an item.
Council Member Strawbridge and Staff discussed the different tiers and the heights for each.
Council Member Macenski and Staff discussed the approval process for tier 2 and tier 3 projects, and the concept of adjacency relative to existing height structures.
Public Comment:
1. Marilyn Bardet - Ms. Bardet discussed requiring poles to ascertain actual heights, and concern regarding the number of buildings with 5 stories.
2. Kathy Kerridge - Ms. Kerridge discussed the issue of height, having affordable housing being one of the required community benefits for additional heights, and ensuring adult housing are single-story units.
3. Citizen- the citizen stated he owned the apartments at 510 East N Street. He discussed the issue of heights and the need to ensure the project makes sense financial sense for the developers.
Density:
7 Council Member Strawbridge and Staff discussed the issue of density, and the size of units.
Council Member Largaespada and Staff discussed the issue of setting proper expectations for the community, what regulatory authority the City has to be able to set the demographics for the developers, financial feasibility of projects, what authority Council has to designate what types of businesses could go on the first floor of developments.
Mayor Young and Staff discussed the issue of ground floor retail and ground floor commercial.
Public Comment:
1. Dan Smith - Mr. Smith discussed the levels of maximum density, concern regarding how varying housing heights would affect current residents, affordable housing, the majority of the area being residential, and the need for adequate traffic improvement, parking, and infrastructure improvement.
2. Kathy Kerridge - Ms. Kerridge discussed the issue of density.
3. Marilyn Bardet - Ms. Bardet discussed the issue of density and concern regarding traffic and parking.
Parking:
Mayor Young and Staff discussed the issue of parking, whether the Community Center parking lot is ever used to capacity, parking on Military East, and whether there will be parking requirements for multi-level unit projects.
Council Member Largaespada and Staff discussed the issue of parking, how the parking requirement would help future residents, and current zoning requirements for parking.
Council Member Macenski and Staff discussed the need for a process in the plan for project level solutions for parking.
Public Comment:
1. Gene Pedrotti - Mr. Pedrotti discussed participating in the study that was done, general support for the proposal, concern regarding parking restrictions with regards to possibly moving his business, and the suitability with a hardware store and housing.
2. Dan Smith - Mr. Smith discussed the issue of parking.
3. Marilyn Bardet - Ms. Bardet discussed the issue of parking and SB 35 projects.
4. Mrs. Smith - Mrs. Smith discussed concerns regarding parking and the need for adequate parking.
5. Kathy Kerridge - Ms. Kerridge discussed the issue of parking and public transportation.
Traffic:
Public Comment:
8 1. Marilyn Bardet - Ms. Bardet discussed concern regarding traffic flow and the need for an overall traffic study.
2. Dan Smith - Mr. Smith discussed concern regarding traffic.
Circulation:
1. Marilyn Bardet - Ms. Bardet discussed concern regarding traffic patterns and evacuation routes.
Design:
Mayor Young and Staff discussed the issue of design guidelines and design standards.
Council Member Strawbridge and Staff discussed whether this would have to go through HPRC.
Vice Mayor Campbell and Staff discussed the Council's ability to pull up an item for review.
Public Comment:
1. Steven Goetz - Mr. Goetz discussed the need for transportation standards in the community as defined by the General Plan.
Mayor Young and Staff discussed whether we were confident that the environmental document has adequately and correctly analyzed the amount and impacts of this project and whether it included consideration of the Jefferson Ridge project.
Other:
Mayor Young and Staff discussed the mixed-use limited district, the Boy Scout lot, and the apartments on 510 East N Street.
Council Member Macenski and Staff discussed the issue of housing for artists, and the process for ensuring they are actually artists.
Council Member Largaespada and Staff discussed the apartments at 510 East N Street, and whether the owner could rebuild them at this time, the number of vacant lots in the Eastern Gateway (3 and a few that are close), why the owners of those lots have not built on them, why a developer would choose to take part in the community benefit program, and the issue of incentivizing development.
Mayor Young discussed the issue of incentivizing development and community benefits.
Council Member Macenski discussed the issue of a community development program.
Public Comment:
1. Dan Smith - Mr. Smith discussed the issues of public transportation and infrastructure concerns.
9 2. Marilyn Bardet - Ms. Bardet discussed concerns regarding infrastructure, and parks.
3. Citizen- The citizen discussed his desire to build a 5-story building at 510 East N Street with a view of the water.
4. Steven Goetz - Mr. Goetz discussed concern regarding a 5-story building in the area and what effects it would have on the people in the neighborhood, and the issue of quality of life for the residents.
5. Kathy Kerridge - Ms. Kerridge discussed support for a 5-story building and the overall plan.
Written Public Comments:
Please click here for written public comments.
Mayor Young discussed the three topics he heard from Council that may need resolution:
Making affordable housing a requirement:
Council Member Largaespada would support a first-time buyer program over an affordable housing requirement.
Council Member Macenski and Mayor Young discussed the issue of community benefit, affordable housing, and SB 35.
Ms. Thorsen clarified that in order to qualify for a tier 3 project one of the benefits must be affordable housing.
Mayor Young discussed the issue of the apartment owner who wants to go to a higher tier (5 stories) but doesn’t meet the requirement of being next to the freeway.
Vice Mayor Campbell discussed concern regarding water access with such a project.
Staff confirmed that they coordinated with the Public Works department regarding water capacity. If upgrades were needed, they would be handled on a project-by-project basis.
Mayor Young discussed the issue of stabilizing the City's water resource.
Council Member Strawbridge made a motion to proceed with Staff's recommendations.
Council Member Macenski seconded the motion. The motion passed with a 4/1 vote.
On motion of Council Member Strawbridge, seconded by Council Member Macenski, Council approved the adoption of Resolution 22-3, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: Council Member Largaespada
10 On motion of Council Member Strawbridge, seconded by Council Member Macenski, Council approved the Introduction and First Reading of the above Ordinance, on a roll call by the following vote:
Ayes: Vice Mayor Campbell, Council Member Macenski, Council Member Strawbridge, Mayor Young
Noes: Council Member Largaespada
22) ADJOURNMENT OF REGULAR MEETING (9:00 P.M.)
Mayor Young adjourned the meeting at 9:41 p.m.
City Clerk