Subject: Seeno Business Park is on the Agenda for February 19, 2008 City Council Meeting
Date: 2008-02-16
Attachments:
Council Agenda Item - February 19, 2008 (a large PDF file - be patient for download)
Agenda 0219.08.doc
The Seeno Benicia Business Park Project's Environmental Impact Report (EIR) is scheduled this Tuesday for action. There is no other more important issue to confront the city than the decision about the Seeno Business Park project.
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A particularly vexing problem with the current process is the separation of the project and the EIR. This separation was requested by the developer. No one recalls in the history of the city processing EIRs that this separation has ever been done.
Why does this matter? Because the public can be confused by what action is proposed. There are other reasons that are pretty technical but the end result is a sort of gaming of the process. Therefore, among several options discussed in the staff report is the option to "correct" the problem by sending the EIR back to the Planning Commission where the Planning Commission can then consider the project and the EIR at the same time. Indeed, if the Planning Commission takes action on the project, the only action possible is to deny the project. Denial is the only choice since the project is inconsistent with the Benicia General Plan according to the EIR. How many ways is the project inconsistent? The EIR lists about 60 goals and policies that the project fails to meet. Even if the professional EIR consultants were half right, it would still be a significant number. After the Planning Commission recommendation, the City Council would act. By bringing the project to the Council and assuming the Council denied the project for the same reasons, there is no need to certify the EIR.
While the EIR is adequate in many ways and could be used substantially for a future project (the environmentally superior one), there are deficiencies in the EIR that I find troubling. The areas I consider the weakest are in "urban decay" which may be an impact with over 880,000 square feet of retail and commercial uses proposed on the Seeno project. I worry about the impact of this amount of retail on our downtown especially since the General Plan identifies the downtown as the central retail center of the city.
Another area of concern about the EIR is its discussion of sustainability. The overarching goal of the General Plan is sustainable development. Many cities and counties are adopting sustainability criteria. Even though our GP was adopted in 1999, we do not as of this date have performance measures or criteria. In spite of this, the EIR finds that the project is sustainable. This project is heavily dependent on commuting workers. This fact alone renders "sustainability" as an elusive vision. Better site planning, transportation planning and matching jobs with our population would help. Denial of the project would mean that a new project would have to meet AB 32 greenhouse emission reduction goals (or at least be analyzed in an EIR). This only not would meet the requirements of existing law but would be consistent with our 1999 sustainability goals (the current project does not because they filed a "vested tentative map" and claim that laws passed after they filed an application but before the project is approved cannot be applied to their project).
Other staff recommendations include certifying the EIR or not. Go to the city's website for the EIR, Response document and staff report: Issues pages and archived E-alerts on this subject here on my website.
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BENICIA CITY COUNCIL MEETING
REGULAR AGENDA
City Council Chambers
February 19, 2008
7:00 P.M.
I. CALL TO ORDER:
II. CLOSED SESSION:
III. CONVENE OPEN SESSION:
A. ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. REFERENCE TO FUNDAMENTAL RIGHTS OF THE PUBLIC
IV. ANNOUNCEMENTS/APPOINTMENTS/PRESENTATIONS/PROCLAMATIONS:
A. ANNOUNCEMENTS:
1. Announcement of Closed Session, if any.
2. Openings on Boards and Commissions:
Sky Valley Open Space Committee:
-Two unexpired terms to September 30, 2010
Historic Preservation Review Commission:
-Two full terms to February 28, 2011
3. Mayor’s Office Hours:
Mayor Patterson will maintain an open office every Monday (except holidays) in the Mayor’s Office of City Hall from 6:00 p.m. to 7:00 p.m. No appointment is necessary. Other meeting times may be scheduled through the City Hall office at 746-4210 or by email acardwell@ci.benicia.ca.us.
B. APPOINTMENTS:
Sky Valley Open Space Committee – one unexpired term to September 30, 2010
-John Furtado
C. PRESENTATIONS:
D. PROCLAMATIONS:
V. ADOPTION OF AGENDA:
VI. OPPORTUNITY FOR PUBLIC COMMENT:
A. WRITTEN
B. PUBLIC COMMENT
VII. CONSENT CALENDAR:
Items listed on the Consent Calendar are considered routine and will be enacted, approved or adopted by one motion unless a request for removal or explanation is received from a Council Member, staff or member of the public. Items removed from the Consent Calendar shall be considered immediately following the adoption of the Consent Calendar.
F. Approve amendment to the lease between the City of Benicia and Benicia Main Street. (Economic Development Manager)
The City of Benicia owns the Southern Pacific depot building at 90 First Street, which was leased to nonprofit organization Benicia Main Street (BMS) in 2002 for a 10-year term. BMS has requested rent forgiveness for March 2008 through December 2009, in order to allow it to grow a new signature event to replace the Waterfront Festival, which was the organization’s largest fundraiser. Staff recommends partially approving this request by forgiving the base rent payments due through December 2008, for a total of $16,200 in foregone revenue to the Southern Pacific Depot account, which is reserved for maintenance and improvements of the depot.
Recommendation: Approve a lease amendment that provides for rent forgiveness for Benicia Main Street at the Southern Pacific depot from March through December 2008.
VIII. PUBLIC HEARINGS:
A. Review of the Benicia Business Park Environmental Impact Report (EIR). (Community Development Director)
On August 7, 2007, the City Council determined that the Draft Environmental Impact Report (DEIR) conforms with the City’s CEQA Environmental Review Guidelines, and extended the written comment period two weeks to August 20, 2007. Comments received at the public hearing and through August 20, 2007 are responded to in the Supplemental Response to Comments. Section III. D. 12 of the City CEQA Environmental Review Guidelines requires a public hearing for EIR certification. The applicant requests the City Council certify the Benicia Business Park EIR. The applicant disputes EIR findings that the Proposed Project does not conform to the General Plan.
Recommendation: It is recommended that the Council either:
1. Adopt a resolution certifying the Benicia Business Park Environmental Impact Report (consisting of the December 2007 FEIR, July 2007 Response to Comments, and November 2007 Supplemental Response to Comments), and further resolving that the Benicia Business Park Project ("the Proposed Project") considered by the EIR cannot be approved without significant modification due to numerous conflicts with General Plan policies; or
2. Adopt a resolution deferring action on the EIR until the project is brought forward, and requesting staff to present the project as soon as practical to the Planning Commission for recommendation; or
3. Adopt a resolution concluding the EIR does not conform to the requirements of the California Environmental Quality Act and either (a) not certifying the Final Environmental Impact Report or (b) directing modifications to the EIR in specified areas.
IX. ACTION ITEMS:
A. Presentation of the Comprehensive Annual Financial Report for the Fiscal Year Ending June 30, 2007 and recognition of Certificate of Achievement for Excellence in Financial Reporting for the June 30, 2006 Report. (Finance Director)
The City of Benicia receives an annual independent audit of its financial records and, upon completion, produces a Comprehensive Annual Financial Report (CAFR). This year’s audit was conducted under the direction of Catherine Yuen, Shareholder at Maze and Associates, and presented to the Audit and Finance Committee (AFC) for consideration on February 8, 2008. The Audit and Finance Committee has reviewed the CAFR and recommends approval. The previous year’s CAFR received an Award of Excellence from the Government Finance Officer’s Association of the United States and Canada. A comparison of the audited results with the amended budget is also presented in the staff report.
Recommendation: Accept the Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ending June 30, 2007 and authorize staff to distribute the document to recipient agencies.
B. Introduction and first reading of an ordinance for establishing permitting and regulatory requirements for massage therapists. (Police Chief)
Currently, the Benicia Municipal Code only requires massage therapy businesses to obtain a business license. There are no professional guidelines for regulating and licensing massage therapy technicians working in these businesses. Absent a process to approve massage therapists, it is difficult to prevent business owners from operating with uncertified therapists or to discourage unlawful prostitution operations associated with an unlawful massage businesses. Unlawful massage operations can conduct business in commercial properties throughout the community and create quality of life issues related to a non-regulated massage business and prostitution. In response to these issues, the Police Department has reviewed alternatives that would improve the regulation of massage therapy businesses with the support of Benicia licensed massage therapists. Staff has developed an ordinance to specifically address permitting and regulating conditions that will differentiate a legitimate massage therapy business from a house of prostitution that uses a massage business as a front for unlawful activity.
Recommendation: Introduce the ordinance establishing massage regulations.
X. INFORMATIONAL ITEMS:
A. Reports from City Manager:
B. Council Member Committee Reports:
(Council Members serve on various internal and external committees on behalf of the City. Current agendas, minutes and meeting schedules, as available, from these various committees are included in the agenda packet. Oral reports by Council Members are made only by exception.)
1. Mayor’s Committee Meeting. (Mayor Patterson)
Next Meeting Date: February 20, 2008
2. Association of Bay Area Governments (ABAG). (Mayor Patterson & Vice Mayor Campbell)
Next Meeting Date: April 24, 2008 – Spring General Assembly
3. Audit & Finance Committee. (Vice Mayor Campbell & Council Member Schwartzman)
Next Meeting Date: March 7, 2008
4. League of California Cities. (Mayor Patterson & Council Member Schwartzman)
Next Meeting Date: April 16-17, 2008 – Legislative Action Days
5. School Liaison Committee. (Council Members Ioakimedes & Hughes)
Next Meeting Date: March 13, 2008
6. Sky Valley Open Space Committee. (Vice Mayor Campbell & Council Member Ioakimedes)
Next Meeting Date: March 5, 2008
7. Solano EDC Board of Directors (Mayor Patterson & Council Member Ioakimedes)
Next Meeting Date: March 27, 2009
8. Solano Transportation Authority (STA) (Mayor Patterson & Council Member Schwartzman)
Next Meeting Date: March 12, 2008
9. Solano Water Authority/Solano County Water Agency (Mayor Patterson & Vice Mayor Campbell)
Next Meeting Date: March 13, 2008
10. Traffic, Pedestrian and Bicycle Safety Committee (Vice Mayor Campbell & Council Member Hughes)
Next Meeting Date: April 17, 2008
11. Tri-City and County Regional Parks and Open Space (Vice Mayor Campbell & Council Member Hughes)
Next Meeting Date: February 20, 2008 – Citizen’s Advisory Committee
12. Valero Community Advisory Panel (CAP) (Council Member Hughes)
Next Meeting Date: April 24, 2008
13. Youth Action Task Force (Council Members Ioakimedes & Schwartzman)
Next Meeting Date: February 27, 2008
14. ABAG/CAL FED Task Force/Bay Area Water Forum (Mayor Patterson)
Next Meeting Date: March 10, 2008
XI. COMMENTS FROM COUNCIL MEMBERS:
XII. ADJOURNMENT:
Public Participation
The Benicia City Council welcomes public participation.
Pursuant to the Brown Act, each public agency must provide the public with an opportunity to speak on any matter within the subject matter jurisdiction of the agency and which is not on the agency's agenda for that meeting. The City Council allows speakers to speak on non-agendized matters under public comment, and on agendized items at the time the agenda item is addressed at the meeting. Comments are limited to no more than five minutes per speaker. By law, no action may be taken on any item raised during the public comment period although informational answers to questions may be given and matters may be referred to staff for placement on a future agenda of the City Council.
Should you have material you wish to enter into the record, please submit it to the City Manager.
Disabled Access
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact Dan Pincetich, the ADA Coordinator, at (707) 746-4211. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Meeting Procedures
All items listed on this agenda are for Council discussion and/or action. In accordance with the Brown Act, each item is listed and includes, where appropriate, further description of the item and/or a recommended action. The posting of a recommended action does not limit, or necessarily indicate, what action may be taken by the City Council.
Pursuant to Government Code Section 65009, if you challenge a decision of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. You may also be limited by the ninety (90) day statute of limitations in which to challenge in court certain administrative decisions and orders (Code of Civil Procedure 1094.6) to file and serve a petition for administrative writ of mandate challenging any final City decisions regarding planning or zoning.
The decision of the City Council is final as of the date of its decision unless judicial review is initiated pursuant to California Code of Civil Procedures Section 1094.5. Any such petition for judicial review is subject to the provisions of California Code of Civil Procedure Section 1094.6.
Public Records
The agenda packet for this meeting is available at the City Manager's Office and the Benicia Public Library during regular working hours. To the extent feasible, the packet is also available on the City's web page at www.ci.benicia.ca.us/ under the heading "Agendas and Minutes." Public records related to an open session agenda item that are distributed after the agenda packet is prepared are available before the meeting at the City Manager's Office located at 250 East L Street, Benicia, or at the meeting held in the Council Chambers. If you wish to submit written information on an agenda item, please submit to the City Clerk as soon as possible so that it may be distributed to the City Council. |
