Category Archives: Flannery Associates

Ashton Lyle, Benicia CA, California Forever Inc., Flannery Associates, Housing, Solano County Board of Supervisors, Solano County CA

Ashton Lyle: Flannery Associates and Tech’s Utopia Obsession

Portrait of Ashton Lyle
Ashton Lyle, BenIndy contributor.

By Ashton Lyle, November 6, 2023

Much has been made of the Flannery Associates’ five-year-long, $1 billion purchase of a combined 50,000 acres in Solano County. The audacity of the investors’ stunt seems to have captured the imagination of many paying attention to the intersection of California’s housing problem, the tech barons who dominate California politics, and the convoluted state of America’s local democracy.

To the credit of the small group of “visionaries” who make up the Flannery Associates, they have correctly identified a lack of housing supply as one of the Bay Area’s primary problems. California’s Regional Housing Needs Allocation Plan found that the region needs 187,990 additional affordable units to meet demand, of which only 15.7% are planned. Flannery Associates believe they have the solution, a city planned by elites and constructed from scratch, deep in Solano County’s golden hills.

There is a belief, propagated by Silicon Valley elites, that ingenuity and purposeful design are all that stand between us and a brighter future. The Flannery Associates represent this class of tech utopians whose infamous desire to “move fast and break things” continues to impact the lives of Bay Area residents while denying locals the opportunity to contribute to decision-making. In a state where conservatism has struggled to become a relevant political force in recent decades, this strain of tech-libertarianism has emerged as one of the strongest challenges to local democracy and California’s liberal consensus.

These tech elite seem to believe that Californians cannot choose for themselves how to develop their communities; instead, they will design and build the future for us. Their utopian ambition is increasingly common amongst the tech-baron class and seems to have only intensified as growing wealth inequality transforms the state. Tech and its most prominent advocates promise to bypass political processes, enacting significant change at the expense of voters’ input. This approach of asking forgiveness rather than permission is a tech favorite (used most memorably by ride-sharing companies and AirBnb).

We’ve seen the Flannery Associates begin to enact these ideas through the 5-year effort to purchase massive amounts of land without public comment or discussion. This land grab was executed through a process so secret that it inspired independent investigations by the FBI, Treasury Department, and Department of Defense. 

A common complaint registered at this point is that our government, with its overly complicated processes and regulations, is simply too inefficient and cumbersome to enact the wishes of any group of citizens. Bold action is needed to fix the housing crisis, and Flannery Associates is certainly a group with the power to do so. 

California faces a number of existential problems, including wealth inequality, the effects of climate change (especially wildfires), and a housing crisis that leaves at least 20% of our Bay Area neighbors in poverty and 30,000 unhoused. The answer, however, is not to be found in the designs of any one group or individual. It is the process of democracy itself which allows the community to make its own decisions, and to build the future we decide together.

While old institutions undoubtedly suffer from bloat and stagnation, new ones, especially those championed by tech elites, are at risk of capture by moneyed interests. The hubris of a few rich men cannot be allowed to outweigh the needs of the Bay Area’s communities. Flannery Associates is just another in a long line of companies that have avoided the input of everyday people, a failure that indicates that they don’t believe they can convince a majority. If the tech barons truly believe they have the best ideas, they should face the judgment of the democratic process.

Tech continues to look for the easy way out, and they should face ridicule for doing so. These CEOs, venture capitalists, and Wall Street investors are not brave disruptors of broken institutions, but dreamers who don’t have the backbone to converse with the people they claim to champion. The democratic process is not an obstacle to progress but how we decide the best path forward, and those who aim to circumnavigate it are only concerned that their vision of the future won’t be realized exactly as they see fit.

MORE FROM ASHTON LYLE:
California Forever Inc., Flannery Associates, Greenbelt Alliance, Keeping Watch on Earth News

The Greenbelt Alliance Needs YOU To Protect Solano from Sprawl Development

Click the image to be redirected to the Greenbelt Alliance’s donation page.

Message from the Greenbelt Alliance:

By now, you’ve likely heard of the infamous new sprawl city proposed for Solano County that plans to build over 50,000 acres of natural and working lands.

This development would be catastrophic for California’s climate goals by paving over wildlife habitat and climate resilient lands. Billionaire interests behind this proposal are using their unlimited resources to move quickly to the ballot with plans no one has even seen yet.

We have to move quickly as well to ensure that we can mobilize people power to represent the interests of the residents and natural areas that will be affected.

With your help, Greenbelt Alliance will protect and care for Solano County’s natural and working lands.

Right now, we’re hoping to unlock $50,000 in essential funding, with just a few days left to match every gift made. Please, donate now to help us protect this precious landscape and stop sprawl development.

Open space protection is what we do best. Greenbelt Alliance was founded 65 years ago by local community activists sounding the alarm on development proposals just like this that pose significant risks on iconic Bay Area landscapes.

And over six decades later, our work is more needed than ever.

Join our movement with a gift today, and help us protect Solano County lands.

[The BenIndy is not affiliated with the Greenbelt Alliance and was not asked to repost this fundraiser. We’re posting it based on a reader’s suggestion. That’s right, we take suggestions!]

California Forever Inc., Flannery Associates, Solano County CA

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/
California Forever, Flannery Associates, Solano County CA

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