All posts by Roger Straw

Editor, owner, publisher of The Benicia Independent
1000 Friends Protecting Historic Benicia, Arsenal

Local non-profit sues City of Benicia – Development threatens Civil-War era buildings and grounds

[To sign a petition in support of this lawsuit to stop the City of Benicia plan, see “Help Us Appeal the City’s Approval of these projects!” on Change.org.  For earlier stories on this see below.  – R.S.]

1000 FRIENDS PROTECTING HISTORIC BENICIA

Press Release, November 21, 2022
Contact:  Elizabeth Patterson, elopato29@gmail.com

1,000 Friends Protecting Historic Benicia, a local non-profit, fights to save Officers’ Row, in the nationally recognized Benicia Arsenal Historic District, from city approved development that will destroy the district’s historic significance. The development threatens Civil-War era buildings and grounds surviving from President Lincoln’s commissioning of the Benicia Arsenal Army base.

Present-day aerial view of Benicia’s Officers’ Row

WHAT:  1000 Friends Protecting Historic Benicia is suing the City of Benicia to stop it from issuing permits and is seeking a peremptory writ of mandate ordering the City and its agencies and commissions to set aside and void the City’s recent approvals of two development projects in the Benicia Arsenal Historic District.

“Projects that destroy or impair the significance of a site on the National Register, as these projects do, clearly have the most significant adverse impact on historic resources,” said Gary Widman, former Chief Counsel for the California State Department of Parks and Recreation and the Office of Historic Preservation.

BACKGROUND:  In August 2022, the City of Benicia approved two development projects for Officers’ Row in the heart of the Benicia Arsenal Historic District which the U.S. government listed on the National Register of Historic Places, deeming it worthy of preservation due to its historical significance to the country.

The Jefferson Ridge Project would build 121 housing units and 2,000 square feet of commercial/retail space on Jefferson Street, including the former flagpole assembly area between the Commanding Officer’s Quarters and the Lieutenant’s Quarters. A total of 16 three- story structures would flank Jefferson Street, dominating the three historic houses adjacent to this project and blocking character-defining views of the Carquinez Strait.

The 1451 Park Road Project, would build 17 apartments in 2 two-story buildings incompatible with the scale and style of the historic non-commissioned officers’ quarters immediately west on Jefferson Street.

​Designated a State Historical Landmark in 1935, the Benicia Arsenal was placed on the National Register of Historic Places in 1976 and was a key contributor to establishment of the National Park Service’s Sacramento-San Joaquin Delta National Heritage Area in 2019.

The Arsenal’s Officers’ Row offers one of the nation’s most impressive ensembles of mid-19th-century military architecture and open spaces, largely intact as built over 150 years ago. Meticulously planned by the Army, the layout is a prime example of military site design, with careful thought given to building scale, placement, and sight lines.

The two projects needed the City of Benicia to determine that they qualified for fast-track approval under a new state law, California Senate Bill 35 (SB 35), that restricts review of projects to their consistency with “objective standards.”

Members of the community highlighted several conflicts with the Arsenal Historic Conservation Plan (AHCP) and objective planning and zoning standards for both projects. This included several standards for which the City claimed the projects demonstrated consistency.

The City subsequently removed many of the standards it had identified as conflicting with the projects as proposed.

The City also failed to incorporate many standards from the AHCP. In particular, a commenter stated that in reviewing the 1451 Park Road Project, the City only applied 37 of the 64 design standards and guidelines from the AHCP that apply to the design of residential buildings in Officers’ Row.

The City failed to consider public safety standards because City staff stated that Senate Bill 35 applications were not subject to any such standards, since they contain subjective as well as objective elements and therefore had to be considered subjective.

Despite the various inconsistencies, on August 26, 2022, the City issued ministerial approvals for both projects. The City subsequently denied members of the public the right to appeal the two projects.

ACTION:  The lawsuit challenges both approvals based on errors in assessing environmental hazards and violations of City of Benicia ordinances concerning the current general plan and zoning.  

1000 Friends Protecting Historic Benicia is a non-profit Benicia organization represented by attorney Doug Carstens, Chatten-Brown, Carstens & Minteer, a public interest-oriented law firm specializing in environmental and land use law. Individuals of the non-profit and other members of the public are on record with the City with many protest letters and public hearing appearances over the past two years. The goal of this campaign is to establish a park that will honor and protect the nationally recognized Arsenal Historic District forever.

WEBSITE COMING SOON:  1000FriendsPHB.org
SEE ALSO EXISTING WEBSITE:  YES! Benicia Arsenal Park

See earlier on BenIndy:

#BBLM, #BlackLivesMatter, Benicia Black Lives Matter

Benicia Schools honor Ruby Bridges


BENICIA BLACK LIVES MATTER
…OUR VOICES…

From BeniciaBlackLivesMatter.com
[See also: About BBLM]

“Benicia Schools joined thousands of other schools around the country to commemorate and celebrate Ruby Bridges, who was one of the first African American children to attend an all white school in the segregated South.”

November 22, 2022
By Sheri Leigh, a member of Benicia Black Lives Matter

Last week, several of the Benicia Schools joined thousands of other schools around the country to commemorate and celebrate Ruby Bridges, who was one of the first African American children to attend an all white school in the segregated South.  This was the second year that any of our schools participated in this important event.  Last year, Benicia Black Lives Matters (BBLM) partnered with the PTA and the administration at Robert Semple Elementary School to hold the first march and celebration in Benicia to honor the young American heroine and her family for the brave decision to risk Ruby’s personal safety and comfort to help create a more equitable future for all American children.  Every student at Robert Semple was present for readings of Ruby Bridges books and Ms. Bridges’ letter to students.  The children were enrapt while listening to the readings and asked in depth questions about Ruby’s life. The event at Robert Semple was so moving and powerful that BBLM worked with the City and School District to make this an annual, City-wide event.

Ruby Bridges was born in 1954 during the middle of the Civil Rights Movement, shortly after , Brown v. The Board of Education was enacted.  The famous Supreme Court ruling declared that separate public schools for white children, from which children of color were banned, was unconstitutional.  The segregated schools had six years to integrate.  Many of the southern states were extremely resistant, waiting until the end of the transition period or until they were forced into compliance by the US government.

In 1960, young Ruby was living in New Orleans, Louisiana, which was one of the last southern areas to enforce the federal mandate of integrated schools.  As Ruby prepared to enter the first grade, her parents responded to a request from the National Association for the Advancement of Colored People (NAACP) and volunteered her to participate in the integration of the New Orleans schools.  With the intent of continuing to keep Black children out, the Orleans Parish School Board opted to administer a rigorous entrance exam at their all-white schools. Ruby was one of six Black children who passed the challenging admissions test.  Two of the other five children decided not to attend the soon to be integrated schools.  Three of the others were transferred to McDonogh Elementary, and Ruby was sent alone to William Frantz Elementary.

On Ruby’s first day of school, the white community and nearly all of the white families protested by pulling out their children from that school and/or by gathering at the school entrance to shout at and threaten the small girl and her escorts.  It was reported that Ruby conducted herself with dignity and stoicism.  She did not cringe or cry, but simply ignored the threats as she bravely walked into the building.  All but one teacher protested by refusing to teach.  Although most of the children and teachers eventually came back, Ruby was taught in class by herself for the first year by Barbara Henry, a teacher from Boston.

The impacts of her bravery were harsh on Ruby and her family.  Her father was dismissed from his job.  Stores refused to sell goods to the family.  Her grandparents in Mississippi lost their land.  Her parents, under extreme stress, eventually divorced.  But there was support as well.  One family in the community donated clothing and supplies to Ruby to help aid her success.  A local psychiatrist volunteered his time to provide Ruby with mental health support, and she remained strong and mentally sound despite the stress.

Today, Ruby Bridges (now Ruby Bridges Hall) still lives in New Orleans with her husband and sons.  She is an activist for tolerance and equity and the chair of the Ruby Bridges Foundation, which she formed in 1999 to promote “the values of tolerance, respect, and appreciation of all differences.” Describing the mission of the group, she says, “racism is a grown-up disease and we must stop using our children to spread it.”

On Monday, November 14, with the help and support of members from BBLM and the community, the Benicia City Schools organized walks, pledges, displays and in-school activities to commemorate the tremendous efforts that were made by Ruby Bridges and others to provide a safe, integrated and equitable education for all children in this country.  Robert Semple, Joe Henderson and several of our other schools participated with great enthusiasm.  Although some of our schools sadly minimized the activities or did not participate at all, this is a tremendous step Benicia Schools have made towards the recognition and celebration of the history of all our families.

If you would like more information about Ruby Bridges Day or the efforts of BBLM, please contact us through www.benicia blacklivesmatter.weebly.com

Previous ‘Our Voices’ stories here on the BenIndy at
Benicia Black Lives Matter – Our Voices
     or on the BBLM website at
beniciablacklivesmatter.weebly.com/ourvoices

Benicia City Council, Benicia elections, Kari Birdseye, Terry Scott

Benicia Council election: Scott and Birdseye are in

Solano County shows “no outstanding ballots to process” – final result is unofficial, but election is all but complete

By Roger Straw, November 18, 2022

Day by day vote results Nov 8-18
Click chart to enlarge.
All ballots counted, handful of exceptions…
Click image to enlarge.

ALL mail-in ballots and provisional ballots have now been counted. The Registrar of Voters can still receive ballots dropped off at other counties, and signature cure letters can be received until November 28th. The Registrar of Voters expects to certify the final result by November 30.

Previous election updates on the BenIndy:
Benicia Green Gateway, North Study Area, Seeno property, Specific Plan

Former Mayor reflects on Benicia’s North Study Area Open House (Seeno property)

What’s wrong with the process – ignoring Benicia’s fundamental constitutional vision

Open space along Lake Herman Road, in Benicia CA

By Elizabeth Patterson, Former Benicia Mayor, November 17, 2022

Last night the city of Benicia began the North Study Area “visioning” process for the 524 acres owned by Seeno.  The North Gate Church setting was a perfect metaphor for what the challenges are for the near-by project site.  Everyone had to drive to the meeting.  And driving is the problem for any residential use of the Seeno property.  But these notes should start at the beginning.  Let me explain.

Benicia’s General Plan

The Benicia General Plan is our “constitution” of land use planning and management. Its goals and policies  guide and implement the overarching goal or “vision” for Benicia planning.  This plan was created by the General Plan Oversight Committee (GPOC), appointed by the then city council representing all sectors of the community.  It adopted consensus decision making procedures and began by identifying shared values.  Once those shared values were agreed to, GPOC began an exhaustive assessment of the city’s pattern of land use (residential, commercial, civic, cultural, recreation, manufacturing), its topography of hills, how cars, bicycles, pedestrian traffic moved, water supply, public safety, economics, environmental quality (air and water) and conservation including open space, habitat, and wetlands.

The overarching goal of the General Plan is sustainable development.  And there are specific policies addressing future development of the Seeno property and adjacent land uses mindful of sustainability.

The “North Study Area” community meeting on Nov 16, 2022

Nowhere in last night’s presentation on stage or at the “open house” of poster boards was there any mention of the General Plan, our constitution of land use planning and management.  Nowhere.

Also, one poster board depicted the “history” of the Seeno site without mentioning an adopted resolution by city council requiring:

    • a specific plan
    • consistency with General Plan overarching goal, supporting goals and policies, and
    • a development agreement.
2008 study: Green Gateway Business Community

Nor was there mention of the hours of public conversations some of which were recorded, nor mention of the facilitated public gathering to gain community agreement on the highest and best use of the Seeno property.  There was nothing said about the citizen study and 51-page report, Green Gateway Business Community. Nothing.

 

The current North Area Study process is not a stand alone project, but a project that must be consistent with the General Plan or recommend amendments to the General Plan.  To do so requires that each mandated and optional element in the General Plan is balanced and consistent.  What this means is that there must be measurable criteria for sustainable development, reduced vehicle miles traveled, public safety (meaning air, water, hazardous exposure, fire and police).  What is different in 2022 that requires General Plan amendments for these elements?

Significant questions and concerns…
  • Can the Seeno property be developed consistent with the existing General Plan?
  • Are there adjustments needed for future development that meet sustainable development?
  • How is the public to know what the decision making process is if they are not informed about these basics?

Alas, North Area Study is not a “visioning” process that is separate from the General Plan vision.  It is a project process.  The city and the City’s consultant need to make that clear, and if necessary, highlight what part of the vision of the General Plan should be changed and how those changes will affect sustainability.

Will the city adopt standards and criteria for sustainability?  If not, why not?

…and we could go on: there is Seeno and associates to consider.

Elizabeth Patterson
Former Mayor, City of Benicia

MORE BACKGROUND:
BENINDY NOTICE – Benicia’s “North Study Area” project (Seeno property) November 16, 2022
And here’s current information from the City of Benicia website, https://www.ci.benicia.ca.us/northstudyarea:

North Study Area

The North Study Area visioning project aims to solicit public input on potential future land use options for the North Study Area property. Community input, together with an economic analysis and evaluation of the property conditions, will be used to develop several mixed-use concepts for further public review. Once completed, the landowner may determine whether to move forward with initiating land use applications which must include a “Master Plan” (i.e., Specific Plan) as required by the Benicia General Plan and Zoning Ordinance.

The study area is a 527-acre undeveloped property in the northeast corner of the city. The property is within the City’s urban growth boundary and fronts on Lake Herman Road and East Second Street.  Although a number of site development proposals have been considered over the years, most recently in 2016, none have come to fruition. The property is currently zoned Limited Industrial (IL) and General Commercial (CG).

Visioning Process

The City wants to partner with the community to envision the future of this area, which is the last remaining large tract of privately-owned undeveloped land within Benicia.

There will be a variety of opportunities to learn more about this effort and to provide feedback over the coming year. The City will solicit public input through a series of community meetings, public events, and on-line engagement opportunities. To receive the latest updates, you can sign up for project email notifications here.  The City expects to complete the visioning process by late 2023.

The North Study Area Community-Led Visioning Process is divided into the following primary tasks:

  • Existing Conditions Review: Review of background materials and existing conditions information relevant to the visioning process.
  • Economic Analysis: Analysis of real estate market conditions, financial feasibility of land use alternatives, and net annual fiscal impacts of land use alternatives.
  • Issues and Options: Evaluation of key issues and options associated with development options.
  • Mixed-use Concepts: Consideration of alternative land use concepts for the property.
  • Summary Report: Summary of public input received and areas of consensus that emerged from the visioning process.

Advisory Group

The City has formed an advisory group for the North Study Area project to help distribute information about the project, provide feedback on project materials, and to bring together diverse community perspectives. The advisory group consists of one representative selected by each of the following City committee/commissions and community organizations.  Meetings are open to the public.

City Committees/Commissions:

  • City Council Subcommittee for the North Study Area (2 members)
  • Economic Development Board
  • Community Sustainability Commission
  • Committee United for Racial Equity
  • Planning Commission

Community Organizations:

  • Benicia Chamber of Commerce
  • Benicia Industrial Park Association
  • Matthew Turner Elementary Parent Teacher Group
  • Sustainable Solano
  • Benicia Unified School District
  • Housing First Solano

Project Documents

To be added as materials become available.

Advisory Group Meeting 1 (11/9/2022)

Agenda

Memorandum

Presentation

Existing Conditions Maps

Priorities

Background Documents

Adopted City Plans and Policies

Studies and Reports

Moving Solano Forward II – Final Report (2017)