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.
If states can shield their laws from review by federal courts, then CA will use that authority to help protect lives.
We will work to create the ability for private citizens to sue anyone who manufactures, distributes, or sells an assault weapon or ghost gun kit or parts in CA. pic.twitter.com/YPBJ00vN6z
— Office of the Governor of California (@CAgovernor) December 12, 2021
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.
[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.]
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→
[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→
As a 20-year African American resident, I’ve enjoyed the beauty, good schools and small town feel of Benicia, but there’s been challenging moments:
White middle school students daily calling my son *igger at school. .
Being asked by two white women while walking down First St., “Why are you here? Shouldn’t you be in Oakland or Vallejo?” .
A white man referring to me as “Gal” while “telling” me to get him a shopping cart at the Solano Square Safeway. African Americans have a history since the days of slavery of white people (teens to adult) referring us as “Boy or Gal (girl)” when we’re well past the age of being a boy or a girl. This to “remind” us that we were/are considered as inferior to white people and to “keep us in our place.” .
Benicia Police being called to my home due to the music I was playing during the middle of the day. When the officers arrived, I asked them if the volume of the music was too loud, and whether I was making noise outside of the hours allowed by the Benicia Municipal Code, the officers replied “no” to both and left. The white neighbor later informed me that they’d contacted the police because they could hear the music while walking past my house, and it wasn’t the “type” of music (classic R&B) that was acceptable for the neighborhood. .
A NextDoor post directed anyone who saw “any young black men” walking through their neighborhood to please contact Benicia Police based on a recent theft/burglary. The posting happened around the same time that Ahmad Arbury, a black young man in Georgia, who was around the same age as my son and nephew, was apprehended and murdered by white neighborhood residents simply because he was jogging through their neighborhood. The post immediately made me fear that something similar might happen to my son, nephew or another African American young man minding their own business while walking in a primarily white Benicia neighborhood. Based on historical experience, most African American parents instruct (our) children, primarily sons, on exactly how to interact with the police to keep from being harmed or killed. That post was unconscionable. I took my concern to then Benicia Police Chief, Erik Upson, who thought the post was incredulous, inappropriate, and assured me that under no circumstance would he accept any of his officers responding to a call based solely on the race of a person walking through a neighborhood. I appreciated that. .
A former white Benicia Arts and Culture commissioner stopped a struggling Downtown First street business from exhibiting a proposed mural of historic African American Benicians and other historic African Americans by threatening to organize people in a boycott to shut the business down if they did. It didn’t matter that the project was in the process of seeking approval from that commission before being implemented.
I shake my head when citizens exclaim, “There’s no racism in Benicia!” Racism in Benicia? Prove it!” and my favorite, “Why are you trying to paint Benicia as racist? If you don’t like living here, MOVE”; And spew “whataboutisms”.
In June of 2020 I’d had enough and organized a large peaceful protest for racial justice and formed the group, Benicia Black Lives Matter (BBLM). I submitted a list of items to then City Manager, Lori Tinfow for implementation by the city to address racism and promote racial equity in Benicia. By August those items were added into a co-authored resolution that was submitted to the Benicia City Council and passed by majority vote.
Since then:
I’m proud to have been part of the origin of the historic annual celebration of Juneteenth in Benicia. Initial recognition of Juneteenth (the day that slavery ended in the United States) by City Hall consisted of a proclamation presentation and a flag raising ceremony, a step in the right direction.
Two of the items presented to Ms. Tinfow and passed by the city council emerged into the city’s Equity Manager position and the Committee for Unity and Racial Unity (CURE), the only municipal position and committee of its kind that exists in Solano County, if not in the whole bay area.
In my opinion, the Benicia City Council and staff took appropriate steps to ensure that the implementation and convening of CURE was fair and transparent. Two African American BBLM members were duly appointed to CURE as was requested in the resolution, and the committee was expanded per amendment which allowed a greater level of community member participation. The time it took to implement CURE and seat its members took a while, but the Equity and Diversity Manger assigned to carry out this effort has only a “part-time” position.
The Benicia Library improved its inventory of books by expanding information regarding the history and current issues impacting the lives of people of color. The library director obtained a grant and presented community meetings based on African American author, poet and playwright Claudia Rankine’s profound book,” Just Us” to promote education and discussion of racial micro-aggressions, unconscious/conscious racial bias, and to explore possible solutions. The library also hosted a live discussion with Ms. Rankine, and presented a dramatic play written by the author and powerfully performed by Benicia community actors.
I applaud the citizens, city staff, school district and community leaders of Benicia who are speaking up and working on actions to mitigate offensive and potentially dangerous activities such as the racist La Migra “game” that many Benicia students play.
More white members of the community acknowledge that implicit bias and racism DOES EXIST in Benicia and are taking action to do something about it.
There’s still more to do to address racism and inequity in Benicia; However, I notice the progress, and in my opinion, Benicia is better.
Nimat Shakoor-Grantham, MA, MPA, LMFT/APCC is a 20-year Benicia resident and proud mom; School, family and trauma psychotherapist; Benicia Black Lives Matter (BBLM) Co-founder; NAACP member and equity, social justice, diversity and inclusion advocate. Views are the author’s own.
You must be logged in to post a comment.