Climate action

Newsom calls for more aggressive climate action

Oak Fire forecast for July 28 2022

CalMatters, by Emily Hoeven, July 25, 2022

As the largest wildfire of the year rages across California, Gov. Gavin Newsom is doubling down on an aggressive strategy to combat climate change — one that also appears to involve boosting his national profile.

Newsom on Saturday proclaimed a state of emergency in Mariposa County due to the Oak Fire near Yosemite National Park, which since igniting on Friday has burned through more than 15,600 acres of bone-dry fuel and was 0% contained as of Sunday night, according to Cal Fire.

California has secured federal support to help defray the costs of battling the blaze, which as of Sunday was being attacked by nearly 2,100 firefighters. More than 6,000 people were under evacuation orders, nearly 3,000 PG&E customers were facing power outages and 15 structures had been destroyed or damaged with thousands more threatened.

  • The Oak Fire marks the end of California’s relatively calm start to the fire season: Fewer than 34,000 acres burned statewide from Jan. 1 to July 19, the lowest total during that time period since 2009, according to a Mercury News analysis.
  • Isaac Sanchez, a Cal Fire battalion chief: “People shouldn’t get complacent. If this was a baseball game, we are in the middle innings. There are still a lot of dry months to come.”

Newsom alluded to complacency at the national level in a Saturday letter to President Joe Biden, in which he slammed “uncooperative Republicans and a lone Democrat from a coal-producing state” (West Virginia Sen. Joe Manchin) for holding “hostage” parts of Biden’s climate agenda.

  • Newsom added: “We want to reiterate our commitment to … finding new ways to work around those Senators who chose to keep their head in the sand instead of confronting the crisis we are all facing together. Partnering with California and other leading states and cities is now essential.”

As a proof point of what Newsom described as California’s world-leading action on climate, he cited a blueprint — released just the day before — to make the state’s ambitious climate plans even more aggressive. Continue reading Newsom calls for more aggressive climate action →

California Governor Gavin Newsom, Gun violence

Gavin Newsom’s plan to save the US Constitution by trolling the Supreme Court

A new California gun law should force the Supreme Court to confront the enormity of its worst decision in decades.

VOX, By Ian Millhiser Jul 25, 2022

California Gov. Gavin Newsom speaks during a news conference where he signed SB 1327 into law, in Los Angeles on July 22. David McNew/Getty Images

California Gov. Gavin Newsom (D) signed a law on Friday modeled after Texas’s anti-abortion law SB 8 — the Texas law which uses private lawsuits to target abortion providers. But there’s one important difference between the two state laws: California’s new law sends these litigious bounty hunters against gun dealers who sell certain guns, including assault weapons and weapons with no serial number.

It’s a high-stakes gambit that will test whether the Supreme Court actually meant what it said in Whole Woman’s Health v. Jackson (2021), which held that because of SB 8’s unique style of enforcement, it was immune from meaningful judicial review — and thus would take effect despite very strong arguments that the law was unconstitutional at the time.

Shortly after Jackson was decided last December, Newsom announced that he disagrees with the Supreme Court’s conclusion that states can dodge judicial review of unconstitutional laws. But Newsom also said that, if the Court’s Republican-appointed majority would give this power to states, then he would use it to limit access to firearms.

Indeed, California’s new gun law, known as SB 1327, is explicit that the new law’s fate is tied to SB 8’s. SB 1327 provides that its SB 8-like provisions “shall become inoperative” if SB 8 is struck down “in its entirety by a final decision of the United States Supreme Court or Texas Supreme Court.”

The state of California, in other words, appears to be trolling the Supreme Court. SB 1327 should force the justices to either overrule Jackson and admit that they were wrong to let states evade the Constitution, or give California’s new gun ban the same immunity from judicial scrutiny that five justices gave SB 8.

That is, of course, assuming that this increasingly political Supreme Court cares about consistency. Continue reading Gavin Newsom’s plan to save the US Constitution by trolling the Supreme Court →

Benicia, Housing

Housing in Benicia – Former Mayor Elizabeth Patterson

[Editor: Benicia’s housing needs, California regulatory requirements and regulations, and potential locations for new housing in Benicia are now being debated among residents and at our Planning Commission and City Council.  The issues are complex and opinion is divided among friends and colleagues. See also perspective by current Benicia Mayor Steve Young. – R.S.]

The Mayor and Council can do better than this

EL PAT’S FORUM

by ELIZABETH PATTERSON
Benicia, California

July 25, 2022

The Mayor and Council can do better than this. “This” is the draft Housing Element.

Their sworn duty is to make decisions based on public health safety and welfare. They are to uphold the laws of the city including the general plan.

The draft housing element is part of the state mandated seven elements plus optional elements of the general plan. One optional element of the general plan is economic development. The highest and best use of the historic districts is to foster and support economic activities such as historic museums, parks and commercial uses. The draft housing element proposes to have multifamily housing in historic districts on the National Register – that is a big deal. The reason Jefferson Ridge (Park Road and Jefferson Street) is on this prestigious list is because it is the only presidio commissioned by President Lincoln to establish a union Army presence in California to prevent the pro slavery counties and confederates from pushing California into a slave holding state. That too is a big deal. The only one in California. The only one by President Lincoln. The only one in the West that is intact and complete. The only one.

On its own this treasure should be protected, championed, and developed for visitors to marvel at this one-of-a-kind Civil War Era enclave protecting California from becoming a slave state.

But there is more. Not only is this site of such rare qualities it is also smack dab in the vicinity (less than a thousand feet) of oil pipelines and a full port of shipping fossil fuel oil and products. These things can blow up. They also catch on fire. We just had one. A prudent Mayor and council would NOT put people – mothers, fathers, children – to live so close to such places. How will they shelter in place? How will they evacuate? How will they have less polluted air than is currently in that area? How will children not venture into these wonderfully complex and dangerous places for the excitement of risk?

And then there is the doctrine “when in a hole, stop digging”. The city can’t maintain the roads, sidewalks, trees, water lines, parks without more revenue. This council wants us to vote on another general sales tax to help pay for these things. The use of the historic districts that are far from walkable distance and little to zero services will require all that new and improved infrastructure to be maintained. But property taxes only go up 2% a year versus the cost of everything else which is at least 3% and right now at 9%. Don’t keep digging.

And we all agree that we need affordable housing – although the proposed Arsenal projects are only providing 10% of all the units– a shamefully low percentage. And the reason that housing is not affordable in most communities is the cost of land. And the cost of land is driven by investors who want the low capital gains tax at 14% to make their profits. The cost of land is disconnected from the marketplace. The only market for land is with the investors and developers. Wages have not kept pace with the inflationary value of investor-owned land. You can’t solve problems if you don’t focus on the root of the problem.

Nonetheless the state in service to the land investors and the good intention of others is mandating that California cities and counties provide for more new development. It seems regardless of the other state mandates to reduce greenhouse gases, reduce vehicle miles traveled and achieve clean air and save 20% on water use – just “build baby build”.

Can we meet the state mandate to provide opportunities for housing based on the state’s standards – Regional Housing Needs Assessment? Yes. The city staff and consultants have identified more than enough without residential in the Arsenal historic district. The Mayor and council can have their good intentions for housing AND protect the Arsenal. Will they? Tune in or show up this Tuesday the 26th at 6:00 PM at city hall. Share your thoughts and recommendations.

Attached is a comment letter for the July 26, 2022 City Council/Planning Commission joint study session on the Public Review Draft Housing Element. Please forward it to City Council members and Planning Commissioners. Continue reading Housing in Benicia – Former Mayor Elizabeth Patterson →

Benicia, Housing

Housing in Benicia – Mayor Steve Young

[Editor: Benicia’s housing needs, California regulatory requirements and regulations, and potential locations for new housing in Benicia are now being debated among residents and at our Planning Commission and City Council.  The issues are complex and opinion is divided among friends and colleagues.  See also perspective by former Benicia Mayor Elizabeth Patterson.  – R.S.]

Mayor Young addresses housing issues

July 24, 2022

Steve Young, Benicia Mayor

I am writing this in response to the article printed in the Herald on July 20, [and here on the BenIndy, “Let’s Have an East-Side City park in the Historic Benicia Arsenal !“] as well as the many letters the Council has received relative to the possibility of rezoning a portion of two open space sites in Southampton for housing.

I first want to acknowledge the passion and intensity of the concerns expressed by a number of people about the City’s effort to complete the Housing Element in compliance with State law.  An engaged citizenry is crucial to the Council’s ability to make the best decisions while fulfilling our legal obligations.

On the Jefferson Ridge and Park Rd. projects, I think it is misleading at best to say that the City staff will “allow” the development of Jefferson Ridge or the apartments on Park Rd. under “ministerial discretion”. The City is not “planning to develop” these housing projects. The headline is also misleading (“Benicia moving to build apartment complexes”). Some fact checking is in order.

SB 35 specifically says that the City cannot exercise ANY discretion in this matter, as long as the project meets minimum affordability requirements (10%) and the city’s adopted Objective Design Standards. The project was initially rejected staff for not meeting those requirements, but  adjustments have been made and a decision on compliance with the design standards is  expected shortly.

This is not a project I would support in this location if I had the option to do so.  But the fact we cannot make any discretionary decisions means that there will be no hearings at the Planning Commission or City Council and no EIR. That is what the law requires, and we intend to follow the law – even in this case where we disagree openly with it.

SB35 is not a good law, and was opposed by me and the League of California Cities. The Legislature, however, believed that cities were one of the chief reasons that housing was not getting built in California. And there is some validity to that belief.

In suburban communities all over California, there have been only a relative handful of multi-family projects approved for a variety of reasons.  This has led directly to a variety of ill effects: increasing homelessness, longer commutes, increasing greenhouse gases, the inability of children to continue living in towns they grew up in, and few housing options for lower paid workers and seniors on fixed incomes.

I made a special trip to SF several months ago to meet with the author of SB 35, Sen. Scott Wiener, to argue that the Legislature ought to amend the law to exempt historic districts, like the Arsenal, from the blanket allowance of housing without local discretion. He waved off my objections dismissively and, despite my career in the field of affordable housing development, classified me as just another small town Mayor who has led the opposition to housing. Continue reading Housing in Benicia – Mayor Steve Young →

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