1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
JANUARY 24, 2023
6:00 P.M.
City Council Chambers, City Hall, 250 East L Street, complete proceedings of which are recorded. These are action minutes; a full video is available online at www.ci.benicia.ca.us/agendas.
1) CALL TO ORDER (6:00 P.M.)
Mayor Young called the meeting to order at 6:00 p.m.
2) CONVENE OPEN SESSION
3) ROLL CALL
All Council Members were present.
4) PLEDGE OF ALLEGIANCE
5) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
6) PROCLAMATIONS
6.A - PROCLAMATION - BARBARA WOOD
Proclamation - Barbara Wood
7) ADOPTION OF AGENDA
On motion of Council Member Macenski, seconded by Vice Mayor Scott, Council approved the Adoption of the Agenda, as presented, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
8) OPPORTUNITY FOR PUBLIC COMMENTS
9) WRITTEN COMMENT
10) PUBLIC COMMENT
Mayor Young - Mayor Young discussed the City Manager's upcoming retirement.
2 11) CONSENT CALENDAR
12) BUSINESS ITEMS
12.A - CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT
REPORT, INTRODUCTION AND FIRST READING OF
AMENDMENTS TO THE BENICIA MUNICIPAL CODE TITLE 17
(ZONING), DOWNTOWN MIXED USE MASTER PLAN, AND
ZONING MAP, AND ADOPTION OF AMENDMENTS TO BENICIA
GENERAL PLAN HOUSING ELEMENT, COMMUNITY HEALTH
AND SAFETY ELEMENT, LAND USE ELEMENT AND LAND USE
DIAGRAM
RESOLUTION NO. 23- 7 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ADOPTING THE STATEMENT OF OVERRIDING
CONSIDERATIONS, MAKING FINDINGS OF FACT, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (EIR) (STATE CLEARINGHOUSE # 2022060021) AND ADOPTING THE MITIGATION MONITORING PROGRAM
FOR THE HOUSING AND SAFETY ELEMENT UPDATES AND RELATED
AMENDMENTS
ORDINANCE NO. 23- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA ADDING A NEW CHAPTER 17.64 (HOUSING
OPPORTUNITY SITES OVERLAY DISTRICT) AND AMENDING CHAPTERS
17.08 (ORGANIZATION, APPLICABILITY, AND INTERPRETATION); 17.24 (R RESIDENTIAL DISTRICTS); 17.28 (C COMMERCIAL DISTRICTS); AND
17.108 (DESIGN REVIEW) OF TITLE 17 (ZONING) OF THE BENICIA
MUNICIPAL CODE, AMENDING THE FORM BASED CODE OF THE
DOWNTOWN MIXED USE MASTER PLAN, AND AMENDING THE BENICIA
ZONING MAP
RESOLUTION NO. 23- 8 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA AMENDING THE BENICIA GENERAL PLAN FOR THE 2023-2031 HOUSING ELEMENT, LAND USE ELEMENT, LAND USE
DIAGRAM AND COMMUNITY HEALTH AND SAFETY ELEMENT
Public Hearing Opened
Suzanne Thorsen, Community Development Director, and her team reviewed the staff report and a PowerPoint presentation.
Vice Mayor Scott and Staff discussed the cemetery site, unavoidable impacts, and why there are so many affordable housing sites on the East side of town.
3 Mayor Young and Staff discussed how many housing developments had been built in the past few years, the current housing sites scenarios, and what would happen if the housing element was not updated.
Council Member Macenski discussed how the State scores the sites, and how the City had gone above and beyond to solicit input from the community on the issues.
Council Member Campbell and Staff discussed the issue of permits, and the need to move forward to get the plan certified.
Council Member Birdseye and Staff discussed the issue of having housing elements in compliance.
Public Comment:
1. Michael Hayes - Mr. Hayes discussed the cemetery site.
2. Susan Harker - Ms. Harker discussed concern regarding the proposed site on 670 East H Street.
3. Marilyn Bardet - Ms. Bardet discussed the need to eliminate the parcels in the Arsenal Historic District.
4. Leonard Basoco - Mr. Basoco discussed the need to amend the plan to include the requirement to use local builders and construction workers.
5. Richard De Graffenreik - Mr. De Graffenreik discussed concern regarding the number of units being proposed.
6. Donald Dean and Steve Goetz, Benicia Arsenal Task Force - Mr. Dean and Mr.
Goetz discussed concerns regarding the cemetery sites and the proposed sites in the Arsenal area.
7. Belinda Smith, and other members of the Benicia Historical Society - Ms. Smith and others discussed concern regarding the proposed sites in the Arsenal Historic District and the Downtown Historic District
8. Stacy Keyes - Ms. Keys discussed concern regarding the cemetery site and the historical sites that are on the list.
9. Beate Bruhl - Ms. Bruhl discussed concern regarding the cemetery site and the Yuba site.
10. Karen Massey - Ms. Massey discussed support for the sites proposed in the Lower Arsenal.
11. Steven Kahn - Mr. Kahn discussed concern regarding the proposed cemetery site.
12. Anastasia Hayer - Ms. Hayer discussed concern regarding tall buildings being allowed in the Downtown Historic District.
13. Dan Smith - Mr. Smith discussed concern regarding the City's historic resources.
14. Shoshana Deutscher Nurick - Ms. Deutscher Nurick discussed concern regarding the proposed sites on the east side of town.
15. Karen Love - Ms. Love discussed concern regarding the City putting so many more sites on the list when only 750 were required.
16. Robert Wood - Mr. Wood discussed concern regarding the proposed cemetery site.
4 17. Robin Wood - Ms. Wood discussed concern regarding the proposed cemetery site.
She was concerned that she was not contacted as a plot owner regarding the cemetery site.
18. Linda Chen - Ms. Chen discussed concern regarding the proposed sites in the Arsenal Historic District.
19. Tim Reynolds - Mr. Reynolds discussed support for adopting the environmentally superior alternative.
20. Citizen - The citizen discussed support for adopting the environmentally superior alternative.
21. Lori Grundman - Ms. Grundman submitted a card in support of the proposed actions but did not wish to speak.
Public Hearing Closed
Staff discussed how the current site list came about.
Council Member Birdseye and Staff discussed whether there was labor language in the plan, the issue of farmworker housing, the approved SB 35 projects, citizen's concerns regarding garages on First Street, the design review that would be required by the HPRC, and the issue of the height limit.
Council Member Macenski and Staff clarified why Council chose the buffer it did.
Council Member Campbell and Staff discussed what effect removing some of the sites would have on the housing element. He supported removing the cemetery from the list Council Member Birdseye supported removing the cemetery site from the list.
Council Member Macenski made a motion to certify the EIR as is, remove the cemetery site, and go with Staff's recommendation on the housing element.
Mayor Young and Staff discussed the sites on both the east side and the west side, and the city-owned site on Park Road.
Vice Mayor Scott discussed support for Council Member Macenski’ s motion.
Staff advised Council to take three separate votes for the two resolutions and one ordinance.
Staff suggested that the motion for the introduction and first reading of the ordinance include that the zoning maps be automatically revised to reflect the sites that are included in the Housing Element.
Mayor Young and Staff clarified that the final resolution was modified to reflect removing the cemetery site and 125 West F Street from the Housing Element.
5 Staff Report
1. Resolution - Statement of Overriding Considerations - Certifying the EIR
2. Draft Ordinance - Amending the Benicia Zoning Ordinance (Title 17), Form Based Code of the Downtown Mixed Use Master Plan and Benicia Zoning Map
3. Resolution - Amending the Benicia General Plan
4. Planning Commission Staff Report (without attachments), January 12, 2023
5. Resolution No. 23-1 (PC) without exhibits
6. Memorandum Concerning 125 West F Street, January 9, 2023
7. Written Public Comment
8. HCD Review Letter, November 22, 2022
9. Adoption Draft Housing Element, Mark-up Copy (January 2023)
10. EFA Fiscal and Economic Impact Analysis for 670 East H Street, December 27, 2022
11. Fehr and Peers Intersection Analysis for Benicia Housing Element Update (without appendices), December 30, 2022
On motion of Council Member Macenski, seconded by Vice Mayor Scott, Council approved the adoption of Resolution 23-7, as presented, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
On motion of Council Member Macenski, seconded by Council Member Campbell, Council approved the Introduction and First Reading of the above ordinance, with direction to include the zoning maps be automatically revised to reflect the sites that are included in the Housing Element, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
On motion of Council Member Macenski, seconded by Vice Mayor Scott, Council approved the adoption of Resolution 23-8, as amended, removing the cemetery site and 125 West F Street from the Housing Element, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
13) ADJOURNMENT (9:00 P.M.)
6 At 10:15 p.m. on January 24, 2023, Mayor Young adjourned the meeting to a regular meeting on Tuesday, January 31, 2023, at 6:00 p.m. in the Council Chambers of City Hall, 250 L Street, Benicia, California.
City Clerk