Citing distrust, conflict of interest, Rio Vista City Council rejects city’s legal counsel’s bid to *also* represent California Forever

[From the article: “It’s not David vs. Goliath, […] [it’s] David vs. an aircraft carrier.”]

California Forever’s first foray into Solano County politics was all about water. It didn’t end well

A former beach, lower left, has washed out and been overtaken by brush and algae at the closed Brannan Island State Recreation Area near Rio Vista, Calif., in 2022. The city’s lawyers approached its council Tuesday to ask if they could also represent California Forever, a group proposing a new city near Rio Vista, in water rights issues. |
Carlos Avila Gonzalez / The Chronicle.
San Francisco Chronicle, by J. K. Dinner, October 3, 2023

For the first time since their plan to build a city in Solano County became public, representatives of California Forever went to a local government and asked for permission to do something.

For the billionaire city-builders, it was a big-time bust.

In a unanimous decision Tuesday evening, the City Council of Rio Vista — a charming delta town of 10,000 that would be the closest city to where the new metropolis would sprout from dry farmland — rejected the idea that it would allow the city’s outside legal counsel to also represent California Forever, the developer’s parent company.

The law firm of Kronick, Moskovitz, Tiedemann & Girard, which has provided legal counsel to Rio Vista since 2011 — most small California cities hire outside firms rather than fund their own legal departments — had asked the city council for permission to also represent California Forever in its process of securing the water rights for the still unnamed, built-from-scratch city.

It was a resounding no.

While the vote was small potatoes in the context of a group that has spent $800 million on purchasing 50,000 acres and is determined to spend billions more to create America’s next great city, it demonstrated the political obstacles that California Forever will need to clear as it tries to convince the majority of Solano County of the wisdom of a project that would transform a corner of the Bay Area still mostly made up of farms and small towns like Rio Vista.

In its request, the firm, KMTG, promised it would create a separation between lawyers working for the city of Rio Vista and those helping California Forever secure water rights for a new city that could become home to 100,000 residents or more.

KMTG attorney Olivia Clark said that if any conflict arose the firm would represent the city, and not the developer. She said KMTG’s expertise in Solano County development issues, and water rights, could be a benefit to Rio Vista.

“We bring a lot of experience and institutional knowledge — that unique background will help both entities moving forward … rather than California Forever finding some hotshot L.A. firm to phone it in,” she said. “I think it’s better to know your neighbor and know they have competent legal counsel representing them. … What’s the cliche? It’s better to know your adversary than take a gamble.”

Founded in 1959, KMTG is recognized statewide for its water rights and water resources law expertise, advising clients on laws and regulations that govern water use in California. Water rights and use are key considerations in California Forever’s development plans in eastern Solano County. | Image from californiaforever.com.

In a memo on the topic, KMTG partner Mona Ebrahimi said there was “no present conflict between California Forever and Rio Vista” in terms of water rights, but she allowed that there might be down the road.

“The concern is that Rio Vista might oppose California Forever’s efforts to orchestrate water supplies for future land-use projects and might oppose California Forever’s efforts to obtain land-use approvals allowing such projects,” she wrote.

Currently, Rio Vista relies on groundwater pumped from the Solano Subbasin of the Sacramento Valley Groundwater Basin. Although, if that resource is depleted, it could put the city in conflict with the water sources California Forever is looking toward, including the Sacramento River.

But neighbors were not convinced, and neither were elected officials.

After public comment in which all of a dozen or so Rio Vista residents urged the council to reject the idea, the five member body quickly put the kibosh on the request.

Resident Kenny Paul said allowing the firm to represent both sides would “put the city in a bad position.”

“We are not going to be able to stop Flannery, ultimately, but do we extend a hand to them in welcome or do we say, ‘No thanks? ’ ” said Paul. “The fact that they would go after the same counsel we have, who are experts in water rights fights, just speaks to their continued bad faith.”

Resident Bill Mortimore said the law may be well-intentioned but that ultimately there will be conflict “when Flannery comes in and throws a half a billion on the table.”

“Our legal representatives have good intentions, but money talks. I can picture a conflict arising and them walking in with a checkbook,” he said.

Jeannie McCormack, a third generation rancher who rejected Flannery’s efforts of a buy-out of her family’s 3,700-acre ranch, warned against the firm’s request. She said California Forever’s current legal representation — Skadden, Arps, Slate, Meagher & Flom LLP — would provide plenty of legal firepower without also enlisting Rio Vista’s lawyers.

“They have a very high-falutin and well-known legal firm … they don’t need anyone else,” she said. “They will try to weaken Rio Vista and we won’t know what their aims are because they are very closed-mouthed.”

Former Solano County Supervisor and project opponent Duane Kromm said the vote was significant because KMTG is one of the few firms that knows Solano County water rights issues inside and out.

“There is a limited subset of law firms highly specialized in California water rights,” he said.

He said the lopsided dynamic of the fight over the future of eastern Solano County would continue to test the small cities in the area.

“It’s not David vs. Goliath,” he said. “It’s David vs. an aircraft carrier.”

California Forever did not respond to a request for comment.


This and more stories on the Flannery land grab: https://beniciaindependent.com/tags/flannery-associates/

In & Out: Laphonza Butler sworn in to US Senate & Rep. Kevin McCarthy dumped as House speaker

Who is Laphonza Butler, the newest senator from California?

Laphonza Butler was sworn in Tuesday as a new U.S. senator representing California, replacing Sen. Dianne Feinstein, who died last week at the age of 90. Vice President Kamala Harris administered the oath of office at the ceremony in the U.S. Capitol.Senate Majority Leader Chuck Schumer said afterwards that Feinstein is “looking down at this moment with pride now that her seat is in good hands.”President Biden called Butler to congratulate her, the White House said.

Butler, a Democrat, was sworn in less than 48 hours after California Gov. Gavin Newsom announced her appointment.

Butler tweeted on Monday that she was “honored” to accept Newsom’s appointment and said, “I am ready to serve.”She stepped down from her role as the president of EMILYs List, a Democratic group dedicated to electing women who support abortion rights, to accept the Senate appointment.In choosing Butler, Newsom kept a 2021 promise to appoint a Black woman to the role. Feinstein’s seat is up for reelection in 2024, and three prominent House Democrats — Reps. Katie Porter, Adam Schiff and Barbara Lee — have already announced they are running.Butler will also serve as the crucial 51st vote for Senate Democrats, who have a slim majority in the upper chamber and are defending several seats in red states in 2024.Butler will only be the third Black woman to serve in the Senate. Carol Moseley Braun of Illinois was the first, serving from 1993 to 1999. Harris was the second, from 2017 until becoming vice president in 2021. Butler was as a senior adviser on Harris’ 2020 presidential campaign.

Butler is the second openly lesbian woman in the Senate, and the first Black lesbian woman in the Senate. She and her wife, Neneki, have a daughter named Nylah. Although Maryland voting records seen by CBS News show a Laphonza Butler of Silver Spring registered to vote in that state, Newsom’s office said Monday that Butler will re-register in California, where she owns a home, when she is sworn in.

Sen. Laphonza Butler, D-Calif., raises her right hand, with her wife Neneki Lee looking on, as Vice President Kamala Harris recites the oath during her ceremonial swearing-in in the Old Senate Chamber in Washington, D.C. on Oct. 3, 2023. | Bill Clark for CQ-Roll Call, Inc., via Getty Images.

What is Laphonza Butler’s professional background?

According to her biography from EMILYs List, Butler grew up in Magnolia, Mississippi, and attended Jackson State University, a historically Black university.

In an interview with Elle in 2021, Butler said that her family wasn’t the kind “that talked about elections or politics at the dinner table, but we were the family that talked about what it meant to be in service to others. What do we do to help somebody?”

In that same interview, she said that while she was working with the SEIU labor union, she was able to “connect it with the jobs my mom had.”

“There have been parallels in my career and what I knew my mom experienced as a worker herself,” Butler said. “I always felt like the work I’ve done has been my opportunity to continue my mom’s journey and to make those jobs better for the children of those workers.”

At the age of 30, Butler was elected the president of the biggest union in California, and the nation’s largest homecare workers union, SEIU Local 2015. She also served as SEIU International’s vice president and president of the SEIU California State Council.

Butler’s biography says she spent 20 years in the labor movement, including working on the campaign to raise the minimum hourly wage to $15 in California, the first state in the country to do so.

Butler was an adviser to Hillary Clinton’s 2016 presidential campaign.

In 2018, Butler and political consultants Ace Smith, Sean Clegg and Juan Rodriguez formed the political consulting firm SCRB Strategies. Rodriguez ran Harris’ primary 2020 campaign, with Butler as senior adviser.

After Harris left the race, Butler served as director of public policy and campaigns in North America for Airbnb.

Laphonza Butler speaks onstage at the Emily’s List 6th Annual Pre-Oscar Breakfast held at the Beverly Hills Hilton on March 7, 2023 in Beverly Hills, California. | Photo by Gilbert Flores for Variety via Getty Images.

What did Butler do with EMILYs List?

Until being appointed to the Senate, Butler served as the president of EMILYs List, the group that supports women in office who support abortion rights. She was the first woman of color to hold that position.

EMILYs List is fundraising juggernaut for Democrats, having raised nearly $68 million in the 2022 election cycle, according to OpenSecrets.

Butler told the news organization Capital B News in an interview in Feb. 2022 that after the 2016 election, “more than 60,000 women reached out to us from all over the country and wanted to offer themselves for public service.”

“From a tactical point, we have created online communities for them to connect with each other, we have offered online training and made it accessible no matter what community that person is reaching out to us from, we have made sure that we are working to expand the state and local work of EMILYs List,” she said.

EMILYs List issued a statement on Monday praising Butler as a “groundbreaking leader.”

According to the statement from Newsom’s office, Butler will step down from her role at EMILYs List when she joins the Senate.


Kevin McCarthy ousted as speaker in Republican-led House in historic vote

Politico, by Katherine Tully-McManus, September

LATEST UPDATES:

    • The final vote was 216-210, with nearly all Democrats joining eight conservatives
    • Rep. Patrick McHenry is now the acting speaker. He has all the powers of an elected speaker of the House and was hand-picked by McCarthy as speaker pro tempore in January.

McCarthy out as speaker

For the first time in history, the House has deposed its speaker.

Democrats joined with Rep. Matt Gaetz (R-Fla.) and his small group of conservative allies to vote to strip Kevin McCarthy of his gavel Tuesday. It’s unclear who would succeed McCarthy long term, though his allies expect he will try to run for speaker again and members pledged to continue supporting him.

“We’re perfectly happy to drag this out as long as it takes,” said Rep. David Valadao (R-Calif.), a McCarthy ally. “We’re all going to be there for the speaker as long as he wants us to be.”

“I’ll continue to support Kevin McCarthy as long as he’s running,” echoed Rep. Kevin Hern (R-Okla.)

The House clerk announced Rep. Patrick McHenry (R-N.C.) would act as a temporary speaker immediately after the vote concluded. McHenry was selected from a secret list of McCarthy’s hand-picked successors. The Californian’s ally will have all the authority of a regularly elected speaker. There are several questions surrounding that acting speaker, as House rules don’t specifically lay out how soon a new speaker ballot would need to occur.

Eight Republicans voted against McCarthy: Reps. Eli Crane (Ariz.), Ken Buck (Colo.), Andy Biggs (Ariz.), Matt Rosendale (Mont.), Matt Gaetz (Fla.), Bob Good (Va.), Nancy Mace (S.C.) and Tim Burchett (Tenn.).

Three House leaders have been floated as potential long-term replacements: Majority Leader Steve Scalise (R-La.), Whip Tom Emmer (R-Minn.) and Conference Chair Elise Stefanik (R-N.Y.). All three have disavowed any interest in replacing McCarthy — a reality that could change now that the Californian is officially out.

McCarthy’s long-running troubles with his right flank became a full-fledged rebellion in recent days after he called up a stopgap spending patch on Saturday that averted a shutdown without imposing any of the spending cuts or conservative border policies that he’d vowed to push. More Democrats than Republicans voted for that short-term spending bill, essentially guaranteeing the conservative pushback against the speaker.

The last time the House moved to try to evict a speaker was 1910, and the move has never before succeeded.

What’s good about the billionaires’ new town in bucolic Solano County?

Cows graze on land purchased by the Flannery Associates with California Forever in hopes of building a new city between Suisun City and Rio Vista. | Jim Wilson / The New York Times.By Elizabeth Patterson, September 12, 2023

What is good about the billionaires’ new town in bucolic Solano? For one it makes us think about what we value. For another it makes us ponder the role of local government and policies.

To the billionaires who pride themselves on moving fast and breaking things, I would say they certainly are going to be successful in breaking things. Those “things” are valued by many. The list is long including rare one-of-a-kind Jepsen Prairie, the Delta Heritage Area (first on the West Coast thanks to Congressmember John Garamendi), ranching, US Air Force safety and security, water (lack of), and agricultural economy. All of these will be affected, ruined, wrecked, and lost – the cost of destruction is breathtaking.

But that is not the worst part. The systemic disinvestment in existing urban communities is amplified by these billionaires. I would not say the techies have ruined San Francisco which might be why they don’t live there – or maybe I will. Look at the mess of people living on the streets and campers. Do you think the wage gap might have something to do with why people can’t afford to live in the city? Or how about the cost of land driven by these tech investors (see YIMBY) and thus making affordable housing difficult. Or how about not paying their fair share using public infrastructure. In short, vast fortunes in the hands of the few, whether earned through inheritance, commerce, or crime, continue to grow at the expense of the rest of us but especially the poor.

A few years ago, when I was working in state government, I was assigned to the Governors’ Delta Blue Ribbon Task Force to provide information about land use. Much of the focus of the task force was on the Delta science of ecosystems and water management. Land use planning was included. I provided short lessons on planning principles, challenges, and policies. I was asked to write a white paper (in the Delta archives) on how land use planning happens. In a word, government policies have very little to do what ultimately happens. The Brookings Institute documented that about 78 to 80% of public and private money is spent on new development. Take a pause and think about that. In other words, investment by the private sector and government is for suburbs and new development infrastructure. Is it any wonder that cities, towns and old suburbs are falling apart.

It is a vicious cycle. Lack of investment in the city. The city deteriorates, people move out to the newer developed areas, city property declines in value, home ownership declines and less taxes are generated and less disposable income is available and so retail and commercial businesses leave.

This is why the best and brightest urban economists talk about reinvesting in existing cities and not expanding beyond the footprint. By investing in the existing developed areas, economic value is added, and the quality of life that people value is maintained. This is the proven way to keep communities thriving and serving residents and businesses. Using those investment dollars for new, shiny development does not help.

My recommendations to the billionaires: Heed the America the Beautiful Initiative: “The America the Beautiful initiative reflects an inherently pragmatic approach that puts people at the center and outlines an inclusive and collaborative vision where locally led efforts to conserve, steward, and restore lands and waters will help us reach our shared goals.” The federal government has a $1 billion America the Beautiful Challenge to leverage federal conservation and restoration investments with private and philanthropic contributions to accelerate land, water, and wildlife conservation efforts across the country. These grants support projects that conserve, restore and connect habitats for wildlife while improving community resilience and access to nature.

Donate the land to the Solano Land Trust giving Solano the certainty that what we value most – the open spaces, agriculture and water management will be forever. Instead of spending gobs of money on consultants, advertising, wooing decision makers and officials, build wanted and needed multifamily homes in Fairfield, Vallejo and Benicia. We have sites that can use the ministerial approval process.

Plant trees. Not on soil that doesn’t grow trees but in our cities that need shaded sidewalks and cleaner air. Trees do both.
And last. With the wealth gap now growing as wide as it was a century ago, it’s no surprise that many consider today a modern gilded age. Peter Cohen from the Council of Community Housing Organizations explained it: “When you’re dealing with this total concentration of wealth and this absurd slosh of real-estate money, you’re not dealing with housing that’s serving a growing population. You’re dealing with housing as a real-estate commodity for speculation.”

The “Tech Titans” billionaires have begun to resemble historical robber-barons of the Gilded Age, or powerful industrialists that monopolized massive industries via trusts, exploited workers, and endorsed unethical business practices. “While businesses during the gilded age had a much larger influence in their industries and in politics than the current massive corporations that come to mind, I do not think it would be unreasonable to say there is continuity between the gilded age and now,” said AP US History student Jeremy Li (23’).

In conclusion, what we are witnessing in this new town project is the transfer of responsibility for public goods and services from democratic institutions to the wealthy, to be administered by an executive class. In the billionaire society, the exercise of social responsibilities is no longer debated in terms of whether billionaires should or shouldn’t be responsible for more than their own business interests. Instead, it is about how they can use their wealth to reinforce a politico-economic system that enables such a small number of people to accumulate obscene amounts of wealth.

Elizabeth Patterson, AICP
Benicia Mayor (2007-2020)
Retired state environmental scientist