Sunday, April 27, 2008

Benicia Mayor's Complex Draws Ire

By Corey Lyons
Contra Costa Newspapers
Sept. 23, 2002

BENICIA -- The mayor's role as a business partner in a waterfront building project along historic First Street has stirred a brew of controversy.

Mayor Steve Messina is a partner in a plan for a three-story, stucco commercial and residential complex in a historic district that dates to the 1850s.

Residents have raised concerns over the project's size and design, as well as the ethics of a mayor who has appointed a large number of the city commissioners from whom he seeks approval.

The 26,000-square-foot development would rise above nearby structures, offering upper-level condo units a sweeping view of the Carquinez Strait.

Messina, 52, says he plans to live there.

But the project has rankled preservationists, raised questions about the mayor and exposed some major procedural mistakes at City Hall.

Now it's being reviewed a second time after the city accepted appeals from a resident who questioned the integrity of the planning and design process.

Critics have blasted the project for what they perceive as its overwhelming size, pink color, odd architectural style and liberal use of stucco. New drawings are receiving better reviews.

Preservationists fear that the project is being hailed as a model for development in a district that helped define Benicia as one of the state's oldest cities.

In addition, some residents wonder whether Messina has a conflict of interest because he has appointed 14 of 19 of the city commissioners from whom he seeks approval.

"Steve Messina is on the borderline between unethical and illegal," said former Benicia Mayor Jerry Hayes, a longtime political foe. "He's rocking on that fence. And either way you fall, it's not very attractive."

Messina, who beat Hayes in the 1999 election, said he has not engaged in any illegal or unethical behavior.

He called the development at First and West C streets a "poster project" because of its high standards and intense public and civic scrutiny.

"In terms of legality, we're probably more squeaky-clean than any project that's gone through here in the recent past."

Messina, his cousin, Manuel Lopes, and Lopes' sister, Stephanie Bray, are partners in the project to develop a family-owned lot at 221 First St.

The weed-choked parcel, ringed by a chain-link fence, has been vacant since 1987. Lopes' 86-year-old mother, Zelinda Lopes, once ran an antique shop there.

"Everyone is making a lot of political hay about this. The mayor this, the mayor that," said Manuel Lopes, 62. "We're trying to do something good here."

The partners plan two buildings, with a peak of 40 feet, including eight residential units, commercial space and 16 covered garages.

Lopes, Bray and Messina officially formed their partnership on Jan. 22, 2001. In April 2001, Messina appointed each of the seven members of a new city advisory board: the Historic Preservation Commission.

Because the elected mayor has the authority to appoint the commissioners, conflict-of-interest questions linger.

In addition to the preservation body, Messina has appointed four of seven planning commissioners and three of five members of the Design Review Commission.

He has also participated in commission meetings on his project, even answering questions.

"There's nothing wrong with a person wanting a piece of property and wanting to develop it," said Hayes, the former mayor. "But normally, you take caution, step aside and not be the front man or salesperson for it."

Messina, who owns a popular ice cream parlor on First Street, said he has neither pressured or influenced any commissioners.
"The commissioners appointed by both me and Mr. Hayes are honest and conscientious," he said. "Certainly, they will do what they believe is right, under the circumstances.

"If anything, they're being too sensitive for impropriety. They realize that they're being watched and need to protect the integrity of their positions."

John Landis, chairman of the city planning program at UC Berkeley, said the mayor did not appear to have a direct conflict of interest unless he were to vote on the project.

"I think it's incredibly bad judgment, but not necessarily a conflict of interest," he said.

The original designs for the proposed buildings also raised eyebrows.

Initially, the trio proposed a three-story, pink stucco structure -- an architecture described as "neo-Italianate," with shingle roofing and metal windows.

In a city founded in 1847, preservationists gasped.

They considered the project a hulking, salmon-colored eyesore, too large and modern-looking in a historic district of single-story, brick-and-wood structures.

Some fear that the development would disrupt the character and small town feel of lower First Street.

Thursday, a Seal Beach-based developer presented drawings to build 46 townhouse units and 7,000 square-feet of commercial space at First and B streets.

"This story is about historic planning and how we protect our buildings here," said Donnell Rubay, a writer and activist whose appeals inspired the city to reconsider the 221 First St. complex.

"If we take this step, we've gone too far."

The city hinted at the project's significance in a July 17 Design Review Commission report, "-- the approved architecture on this site will set the standards for future development on First Street."

That admission prompted swift action by activists, whose concerns exposed a critical planning error at City Hall and led to a successful appeal that initiated design changes.

The city acknowledged that it did not notify Solano County of its intent to formally declare that the project has no significant effect on the environment.

Many nearby residents were not properly notified about key public meetings in July.

In effect, the errors wiped out earlier approval by the Planning and Design Review commissions.

The oversight violated a section of the state Public Resources Code. Now, the project must be presented and approved again, under a fresh layer of public scrutiny.

In an Aug. 28 letter to Messina and Lopes, the city's community development director, Colette Meunier, attributed the error to a combination of recent staff changes and the fact that the city did not often evaluate this particular level of environmental review.

The mistakes, coupled with the mayor's potential influence over his appointed commissioners, have left some Benicians feeling suspicious.

"I think they were trying to push this thing past so that, if approved, it would make it easier for another developer to come in and build something similar," said Rubay, who lives in a restored Craftsman bungalow.

Messina, Lopes and Bray say they have carefully followed all the rules, adhering to 50 specific building requirements in the historic district.

They have also significantly altered the design.

Though they haven't settled on a color, they have added wood siding to break up the stucco facade.

1 Comments:

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7:19 AM  

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