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 26^th 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 →

Mayor Young addresses housing issues

July 24, 2022

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 →