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Benicia City Council
December 13, 2022

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Minutes
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December 13, 2022
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Benicia City Council
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Text extracted from the city's file for reading and search. Open the original on benicia.granicus.com. That file is the official record.

DRAFT

1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
DECEMBER 13, 2022
6:00 P.M.

City Council Chambers, City Hall, 250 East L Street, complete proceedings of which are recorded. These are action minutes; a full video is available online at www.ci.benicia.ca.us/agendas.

ACCESSING THE MEETING
1) CALL SPECIAL MEETING TO ORDER (5:00 P.M.)
Mayor Young called the Special Meeting to order at 5:00 p.m. 2) CONVENE OPEN SESSION
3) ROLL CALL

Present: Council Member Campbell, Vice Mayor Scott, Mayor Young

Absent: Council Members Birdseye and Macenski
Council Member Macenski arrived shortly after the Closed Session started. 4) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
5) PUBLIC COMMENT FOR CLOSED SESSION
None
6) ADJOURN TO CLOSED SESSION

6.A CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: 1000 Friends Protecting Historic Benicia v. City of Benicia, SCSC Case No. FCS059252
Mayor Young adjourned the Special Meeting to Closed Session at 5:01 p.m. 7) RECONVENE OPEN SESSION
Mayor Young reconvened the Open Session at 6:00 p.m.
8) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
DRAFT

2 Mary Wagner, Assistant City Attorney, stated there were no reportable actions taken during the Closed Session.
9) ADJOURNMENT OF SPECIAL MEETING AND CALL REGULAR MEETING TO ORDER (6:00 P.M.)
Mayor Young adjourned the Special Meeting and Called the Regular Meeting to order at 6:00 p.m.
10) ROLL CALL

Present: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young, Commissioner Dravnieks Apple, Commissioner Catton, Commissioner Hayer, Commissioner Slate, Vice Chair Mollica

Absent: Commissioner Kallios
Council Member Birdseye arrived at 6:03 p.m. via Zoom.
11) PLEDGE OF ALLEGIANCE
12) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
13) ADOPTION OF AGENDA
On motion of Council Member Macenski, seconded by Vice Chair Mollica, Council and the Planning Commission approved the Adoption of the Agenda, as presented, on a roll call by the following vote:

Ayes: Council Members Birdseye, Council Member Campbell, Council Member Macenski, Council Member Scott, Mayor Young, Commissioner Dravnieks Apple, Commissioner Catton, Commissioner Hayer, Commissioner Slate, Vice Chair Mollica Noes: (None)
14) OPPORTUNITY FOR PUBLIC COMMENTS
15) WRITTEN COMMENT
16) PUBLIC COMMENT

1. Gaul Culley - Ms. Culley discussed concerns regarding Mr. Innes' comments on social media regarding the Benicia Dog Festival.
17) CONSENT CALENDAR
18) BUSINESS ITEMS
DRAFT

3 18.A - STUDY SESSION DISCUSSION OF DRAFT HOUSING ELEMENT

AND RELATED ZONING TEXT AND MAP AMENDMENTS AND

PUBLIC HEARING TO RECEIVE COMMENT ON THE DRAFT
ENVIRONMENTAL IMPACT REPORT (EIR) (Community
Development Director)
Suzanne Thorsen, Community Development Director, and Amy Sinsheimer and Patrick Hindmarsh, PlaceWorks, reviewed the staff report and a PowerPoint presentation.

Mayor Young and Staff discussed how the City would know how the affordable housing units would be built as projected and whether there were penalties if the units are not built.

Vice Mayor Scott and Staff discussed the issue of maintenance and homeowner association fees with respect to low income housing.

Commissioner Hayer and Staff discussed the 15% buffer.

Vice Chair Mollica and Staff discussed the total number of units expected to be developed under the current site list.

Mayor Young and Staff discussed the map in the document of racially concentrated area of affluence, the issue of HCD questioning the height requirements, farm worker housing, whether there had been reports of housing discrimination, and the Solano Square site.

Council Member Campbell and Staff discussed the comments the City received from California Department of Housing and Community Development (HCD).

Council Member Macenski and Staff discussed what removing both shopping centers from the list would do, assumption of the density, the issue of by right, the East E Street lot, various sites near the freeways, changes regarding permit review, governmental restraints, and city-owned sites.

Commissioner Apple discussed concern regarding the racially concentrated area of affluence.

Public Comment:

1. Marilyn Bardet - Ms. Bardet discussed various concerns regarding proposed sites.

2. Karen Massey - Ms. Massey discussed an inconsistency with the housing element.

3. Donald Dean - Mr. Dean discussed support for the Solano Square mixed use development.

4. Steven Goetz - Mr. Goetz discussed the housing element putting a disproportionate burden on an environmentally challenged area (East side).

DRAFT

4 EIR:

Suzanne Thorsen, Community Development Director, reviewed the EIR.

Public hearing opened:

Mayor Young and Staff discussed what sites in the historic district could be removed.

Council Member Campbell and Staff discussed the issue of water and whether there is enough water to cover the additional units.

Commissioner Catton and Staff discussed the flood maps.

Council Member Macenski and Staff discussed the need for a list of mitigations needed for each site on the list, noise mitigation measures, development around the waterfront sites, and sensitive use area.

Public Comment:

1. Belinda Smith - Ms. Smith discussed concern regarding the City's historic resources.

2. Michael Hayes - Mr. Hayes discussed the issue of water availability, energy resources, and waste disposal.

3. Marilyn Bardet - Ms. Bardet discussed concern regarding the EIR.

4. Steven Goetz - Mr. Goetz discussed concern regarding the impact on historic resources.

5. Kathy Kerridge - Ms. Kerridge discussed climate mitigation efforts, water use, and the buffer amount.

Public Hearing Closed
Council Member Campbell and Staff discussed how sites become 'by right'.

Staff Report - Housing Element Study Session

1. Revised Draft Housing Element November 2022

2. HCD Review Letter November 22, 2022

3. Draft Land Use Element and Zoning Amendments

4. Draft EIR Without Appendices
19) ADJOURNMENT (8:30 P.M.)
Mayor Young adjourned the meeting at 9:19 p.m.

City Clerk

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