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Personal
Birthplace:  Anaheim, CA
Age:  52
Years in Benicia:  22
Job/Company:  Community relations specialist/Currently freelance
Family:  Wife Diana, daughters Jessica and Catherine

Political history

How did you get into politics?

I have engaged in political discussions since I was young.  Shortly after moving to Benicia, I was encouraged to apply for a city commission by then-Mayor Marilyn O’Rourke.  I had always been involved in coaching and playing baseball, so I applied and was appointed to the Benicia Parks, Recreation and Cemetery Commission in 1990.  Then, when the city planned to replace the playground in City Park, I saw the proposed equipment and thought the park was too special for typical catalogue variety equipment.  My wife and I and several other families worked together to organize volunteers to build the Playground of Dreams.  It was a life-changing experience that has inspired me in politics and community work ever since.

When were you first interested?

When I was 10, I was affected by the assassinations of Martin Luther King Jr. and Robert Kennedy. It compelled me to learn more and take a lifelong interest in politics.  I later wrote editorials for my high school newspaper, including one urging President Nixon to surrender his tapes. I also took some Political Science classes while at Cal.  As an adult, I read a great deal and engage in discussions to keep up on the politics of each city and county where I have lived.

What motivated you to run for Benicia City Council?

In the late 1990s, I was inspired by the work of Councilwoman Jan Cox-Golovich and other leaders I had admired through the years. As a newspaper journalist for 17 years, I had reported on several city councils in California, including Benicia’s. Many people were asking me if I would consider running. I also felt that too much power was being wielded by the city manager, who was also police chief at the time.  The council was being led astray from our General Plan, so I ran for the first time and won in 2001. Then, in both 2005 and this year, I was asked again by many Benicians to run. I am proud of past achievements like the Playground of Dreams, the XPark skatepark and the 10,000-acre Tri-City Open Space and am driven to repeat those successes on behalf of the city I love.

What do you think you would bring to the Council, if elected?

I am a voice for young people and for the environment, two critically important aspects of society too often neglected in politics.  In addition, I am an independent who endeavors to be consistent, yet weigh each decision on its own merits, on a case-by-case basis.  Mayor Patterson and I agree on a great many things, but not always.  We did not always vote the same way when I was on the City Council.

Finally, regarding the most important issue before the City Council, I will insist on a first-class project from the Seeno development that adheres to the components of the community-based agreement.  With me on the council, I believe there will be a majority who will not accept a project that would violate our city’s General Plan with regard to environmental impact and sustainability. That is the key difference between me and the incumbents.

What issues in this race do you feel you’re most qualified to address? How, then, would you address those issues if elected?

I have been working on the Seeno project since the late 1990s when I was on the Economic Development Board and during my time on City Council 2001-2005. I am qualified to address that issue and, as I mentioned in my response to the previous question, I will insist on a first-class, sustainable business park.

I opposed the city’s takeaway of the scout houses when I was on the City Council, and I will push to get permanent housing as soon as possible for Benicia’s scouting programs at Mills Community Center.  The troops are in temporary portable housing right now. 

I have been a leader in preserving open space and creating trails throughout Southern Solano County for 15 years on the Tri-City Open Space group and other committees. I will continue to work toward creation of the county’s first regional park and completion of a Carquinez Shoreline Loop Trail. Both of these projects will improve quality of life and stimulate economic development in Benicia.

What direction do you think Benicia is heading during the next four years? Where do you see Benicia four years from now?

Benicia, unlike many cities, is in solid financial shape during this recession thanks to the 20% General Fund Reserve we approved when I was on the City Council with Tom Campbell.  I think that will continue.  We are closer to getting a good project from the Seeno company, which could be one way to create jobs and help Benicia in the next couple years, assuming we find ways to mitigate the environmental impacts on the East Second Street corridor, including Semple school.

I am concerned about the ability of our school district to provide the same excellent level of instruction that my children have benefited from here, with state funding per student being slashed dramatically. My record of improving city cooperation with the district in the Joint Use Agreement revision proves I am a strong advocate for the district at City Hall, which could be critical to the district’s continued success. I was a major force behind the city stepping up on maintenance of the community ball fields, used by everyone but owned by the financially strapped school district.

The county’s continuing public access at the Lynch Canyon open space and the opening of the bicycle/pedestrian lane on the Benicia-Martinez Bridge have been huge steps, suggesting that the aforementioned regional park and loop trail could happen by 2013 with an improved economy and enlightened leadership.

We have money in the Valero Improvement Project Mitigation Fund for possible land acquisition in our Arsenal, reviving the potential of a Civil War history park on Jefferson Street. With vision we can polish the jewel that is the Benicia Arsenal.

In what areas do you think Benicia has succeeded in the past? Where has it fallen short? How can it address those areas better, and what can it do to keep addressing the other areas well?

Benicia has done a pretty good job at preserving one of California’s most historic and charming cities as the Bay Area has exploded with growth and population. Traditions like the parades and the Holiday Open House may be the best things about Benicia along with its waterfront view and great weather. Staying around 30,000 people instead of building in Sky Valley was a superb, critical decision by the community. It protected the small town feel, which is fragile enough with the freeway bisecting two distinct residential areas.

Certainly the Library and the Playground of Dreams were two great successes of 1992. Our Community Park was completed a few years later and it is an award-winner.

I think the improvement of the foot of First Street was a great accomplishment, especially after we saved and moved the old Lido building.

As for mistakes, I already mentioned prematurely taking away the scout houses and how it should be remedied ASAP.

In my opinion, we did not get good work from our environmental impact consultants on either the Seeno project or the Lower Arsenal Mixed Used Specific Plan. I believe there are even more shortcomings to the Arsenal environmental impact report than those the city has already tried to correct, and I think that dense housing as has been proposed in the Arsenal would be ill-advised. We need both the Council and staff to be more demanding of high-paid consultants, not allow them to submit subpar work.

We have fallen behind on what the Association of Bay Area Governments estimates should be our “fair share” of affordable housing time and again, too often allowing developments of only expensive single-family homes. We need to find appropriate places for affordable housing and commit to them, preferably as in-fill in residential areas but not in sizeable open space areas.

Sometimes it’s difficult for some organizations in town to work together, particularly ones that have common interest like the Chamber and Main Street or the Historical Society and the Historical Museum.  Perhaps we can all try to think outside the box and keep the town’s best interests at heart.  The formation of the new Arts and Cultural Commission may serve as a useful example of groups coming together for a common good.

Finally, why should Benicians vote for you over your opponents?

I am honest and hard-working.  Children and the environment are my top priorities, and I have a track record that proves I will lead that way and vote for what is best for Benicia.  I am accessible and work hard at communicating with Benicians through email, community meetings and the phone.  I believe that, as your Councilmember, I will help to protect Benicia and encourage the City to thrive.

1. Why are you running for Benicia City Council?

My most important reason for serving on the City Council again is that I am committed to Benicia being the best that it can be.  That means working to achieve a safe, healthy Seeno project that won’t destroy our downtown; finding new ways to fill vacant storefronts downtown; protecting Benicia’s small town charm; preserving the historic Arsenal and protecting businesses there; and keeping my promise to youth and seniors for the Mills Community Center.    

2.  What are the most important issues facing Benicia and how would you address them? 

I don’t think the Seeno project offered to Benicia this year was a good deal for the community.  We didn’t have a development agreement or a project labor agreement.  We didn’t have a solid mechanism to ensure Benicia taxpayers don’t pay to build another fire station.  Still, the incumbents voted in favor of it. I want a project that pays for itself and doesn’t make East Second Street a mess of traffic and air pollution. 

3. How will you work to assure the city maintains financial stability?

I was on the Council when we approved a mandatory 20 percent level for our General Fund reserve.  That, combined with prudent spending on capital improvements and investment in our Industrial Park infrastructure, assures our financial stability. My record of service and vision for the future are reasons why I am endorsed by the Mayor, our County Supervisor, the County Democratic Party and numerous past or current members of the Council, Planning Commission and School Board.

4. How do you propose approaching future growth in the Arsenal district?

Developers in town have been proposing various dense housing proposals for the Arsenal.  I don’t think those are appropriate for that area, and one reason is because of the industrial pipelines and existing businesses there. The Arsenal is not the place to address needs for our housing stock.  We need to revise and recirculate the Arsenal Specific Plan and its Draft Environmental Impact Report to get the right uses out there.

5. What will you do to address economic development?

I want to develop the Benicia Business Park on the Seeno land, and I want to increase revenue by increasing the effectiveness of our tourist economy, particularly heritage tourism about military and railroad history in Benicia. We have the best Civil War history site on the west coast. It’s a place where the Pony Express stopped and trains crossed a river on the world’s largest ferry.  These assets need to be marketed and showcased more effectively.

Even during this economic downturn, Benicia industrial businesses and restaurants showed increased sales in 2nd quarter 2009 compared to last year!  Benicia is a good place to do business, and we must keep it that way by improving infrastructure in the industrial park, and by promoting tourism.
Dan
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Benicia’s sales tax revenue up

By Tony Burchyns/  Times-Herald staff writer
Posted: 10/27/2009

BENICIA — Sales tax revenues here climbed from April through June while other Bay Area cities saw a double-digit decline from a year ago, a second-quarter fiscal report finds.   The report found second-quarter receipts were 5.7 percent higher — up about $81,000 — than one year ago.

New drug and chemical, light industrial and printer businesses bolstered Benicia’s healthy returns.  Restaurants selling beer and wine also reported higher sales figures.   Service stations, contractors, specialty stores and electrical equipment groups fell, as they did in most areas of the state. Gas stations statewide reported lower sales due to lower prices at the pump and people driving less.

Benicia’s coffers could be the envy of nearby cities. Excluding accounting adjustments, the nine-county Bay Area was down 19.3 percent as statewide sales slipped 18.3 percent.

“The sales tax results were a little above last year at this time, which was encouraging,” Finance Director Rob Sousa said. “Other Solano County cities saw a double-digit decline for the quarter.”

Despite an abundance of vacant commercial and warehouse space, turnover rate in the Benicia Industrial Park remains “healthy,” Sousa said, meaning that some businesses are leaving and other are filling the space at a reasonable pace.

One reason for Benicia’s sales-tax windfall is Valero’s refinery upgrade. The city expects to collect an added $250,000 this year from the so-called Valero Improvement  Project.

“It looks like we are tracking a little bit ahead of that annualized amount for this quarter,” Sousa added.

The project — designed to allow the refinery to process heavier crude — is expected to boost the city’s coffers for at least another two years.

Author: Tony Burchyns
October 26, 2009

BENICIA — Whether to allow a developer to build a hip row of townhouses in the history-laden, arty and industrial lower Arsenal has been a local debate for years.  And from the looks of it, there’s still no clear consensus on the matter.

At a public hearing last week, residents, property owners and environmentalists rehashed their positions, arguing for and against a proposed 22-home “residential row” of townhouses at 1025 Grant St., and 185,000 square feet of mixed-use development off of Jefferson Court. 

The Benicia Planning Commission and Historic Preservation Review Commission, which hosted the special joint meeting, also appeared deadlocked. The two panels — far from reaching any recommendations — continued the matter for further discussion, mainly because the Historic Preservation Review Commission members had not received prior copies of an environmental report.

The debate centers on environmental concerns, industrial-residential compatibility issues and the historic nature of the old Benicia Arsenal, which closed in 1964 after more than a century of use. During the Civil War, it was the main staging area in the West for Union troops.

Many distressed former Army buildings are crumbling. But the area has been a cheap-rent bonanza for artists, who have coexisted with surrounding industry, including the nearby Port of Benicia, for decades.

But redevelopment has long been a goal with some developers keen on the idea of selling the district’s historic charm to potential home or condo buyers.

“The project will bring much needed vitality to the city,” Grant Street project architect Mark Hajjar said during Thursday’s three-hour meeting. Hajjar is partnering with Benicia real estate broker, Kathleen Olson, in an effort to develop the 1.25-acre site with vistas of the Carquinez Strait.

Alluding to concerns about buried munitions on Arsenal grounds, Hajjar said the property was once used for barracks and a dining hall. “I don’t think the Army was foolish enough to put munitions there,” he said.

Still, the overall appropriateness of housing has been disputed by industry captains and environmentalists alike. One camp fears a residential boom could be bad for business.

Others, such as community activist Marilyn Bardet, want the state to clean up the Arsenal first — and make the Army pay for it. The City Council is set to discuss the possible strategy Nov. 17.

“The lower Arsenal is in need of something, but I’m not sure housing is the answer,” said Andy Siri, one of the six original founders of the Benicia Industrial Park Association. “My main concern is the Port of Benicia.” Siri said any new residents should have to sign a waiver promising not to complain about the port’s operations, which often occur at night.

Historic Preservation Review Commission member Patrick Donaghue said the plan doesn’t appear to comply with the general plan, which favors industry as well as other community needs. “I don’t want to kill the goose that laid the golden egg,” Donaghue said, alluding to the Industrial Park’s fiscal benefits.

Some lower Arsenal residents living on Jefferson Court in historic homes or others built in the early 1980s said they might not mind new neighbors.

“Part of me wants the neighborhood to stay the same, but that’s not realistic,” homeowner Chris Knight said. He added, “I’d rather have single-family homes than mixed-use.”

Jan McHargue, who lives up the block, said her main concern is preserving the area’s history.

“It would be a shame to see it become something that might not be in keeping with the area,” McHargue. “If I had my choice, they’d build a memorial park.”

Phillip Gallagher, a dental technician who works near the proposed Grant Street site in a building stamped 1910, said he doesn’t think the area would be a bad fit for housing.

“It would depend on who moves in,” Gallagher said. “The port is a heavy industry and they don’t want residents right up against them. But it wouldn’t be too noisy — residents would be upwind from the port.”

The outcome of the joint meeting referred to in this article was to postpone any decision on the Lower Arsenal Specific Plan and Draft EIR.   Commission members felt more review is necessary, and many expressed doubts and concerns about the wisdom of putting mixed use housing in the lower Aresenal in such close proximity to existing industrial and commercial businesses. 
I share those doubts and concerns.
Dan
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City considers mixed uses for Arsenal district

By Tony Burchyns/ Times-Herald staff writer
Posted: 10/22/2009

BENICIA — The fate of future development in the city’s historic, but crumbling lower Arsenal district will be discussed tonight at a special city meeting.

Issues entwined in the so-called Lower Arsenal Mixed Use Specific Plan center on what kind of development, residential or commercial-industrial, should be allowed on the former military grounds — and how much it.

The nearby Port of Benicia fears a residential boom may push out industry, while others in the community like the idea of adding some housing.

There are also widespread environmental concerns about soil contamination and buried weapons and ammunition at the old armory, which closed in 1964 after more than a century of use.

The plan and its latest, adjoining environmental report will be weighed at a special joint meeting of the Benicia Planning and Historic Preservation Review commissions starting at 6:30 p.m. at City Hall, 250 E. L St.

The plan, three years in the making, focuses on roughly 50 acres bounded by I-780, the Port of Benicia and residences east of East Seventh Street.

A Planning Commission-backed draft would allow 22 new single-family homes on Grant Street, and 185,000 square feet of mixed development mostly on Jefferson Ridge.

The appropriateness of any family housing in the largely industrialized area has been a key concern of both environmentalists and local industry.

A chief housing opponent has been the Port of Benicia’s operator, Amports Inc., which fears new residents would complain about noisy shipping operations and push out industry.

“It’s a very difficult thing to have single-family residential zoning there with an expectation of a quiet residential neighborhood,” port attorney Dana Dean said. The port often operates at night, she said, depending on the tides.

The city’s position, however, is that the area may be fit for homes.  But pleasing the port remains a major city goal, considering its fiscal benefits to the city.

“The city hopes to maintain the viability of the port,” Erickson said, “… and the businesses that depend on that port.”

Developers may face environmental hurdles. State regulators have indicated the Arsenal grounds may include unknown contaminants.

City leaders hope the plan will usher in economic development. But preserving the lower Arsenal’s historic and cultural character also is a goal.

Erickson said new zoning would consider the area’s historic setting and point the way for future development.

“If there is sense of direction provided by the city … then people will make wise investments there,” Erickson said.

Next steps

The final plan may head to the City Council as early as January or February.

Opportunities for more feedback — including tonight’s meeting — could help shape the debate.

For now, all four Nov. 3 City Council candidates say they’re keeping an open mind on the housing question.

I look forward to keeping the city on track in the implementation of these programs!  Over the next serveral years, these programs will help us meet our green-house gas reduction goals as set out by our Climate Action Plan.
Dan
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Benicia OKs major push to reduce energy use

By Tony Burchyns, Times-Herald staff writer
Posted: 10/22/2009

BENICIA — The City Council has unanimously OK’d green measures meant to reduce the city’s carbon footprint, develop a possible renewable-energy power plant and save hundreds of residents money on their energy bills. 

One program approved Tuesday night includes in-home energy audits that could cut energy use as much as 20 percent in participating homes, translating to projected annual savings of between $200 and $1,350 per household, city officials say.

The other project is a comprehensive study meant to lower energy use at public facilities. The city also will seek advice from a consultant on developing a “micro utility” — possibly a wind or solar power plant — north of Lake Herman Road.

The measures are tied to Benicia’s recently approved, so-called Climate Action Plan, and are intended to help the small city meet greenhouse-gas reduction goals with funding from an unlikely source — the Valero oil refinery.

The city-subsidized, in-home energy audit program is expected to be rolled out next year.

An added 100 audits, city officials said, are reserved for a future solar financing district, which would resemble a loan program for residents wanting to install solar panels.

The initial audits will be free for most households, city officials told the council, with the exception of homes of more than 5,000 square feet. Those home owners would have to pay a $200 fee and would only receive credit for $75 worth of energy-saving lights and other upgrades.

Which homes will be offered participation in the voluntary program has not been announced.

Mountain View-based Ennovationz, Inc. has been selected to conduct the audits.

The firm plans to partner with Benicia High School to train and hire students (for about $10 an hour) to help conduct in-home water conservation audits in the community, under adult supervision.

Students also will be given an opportunity to participate in a public relations campaign to raise awareness about energy and water conservation.

The project’s $140,000 budget — funded by the city and the Benicia Unified School District — is coming from a $14 million out-of-court settlement between Valero Inc. and the community over disputed upgrades to the Benicia refinery.

In other action Tuesday, the council approved hiring a consultant to help lower its own energy consumption at public facilities. The consultant also will advise on developing a small renewable-energy power plant that could further reduce city energy bills, city officials say.

Chevron Energy Solutions Company, a division of Chevron U.S.A., Inc., will be hired to do the work, including a four-to-five-month energy-use study and recommendations for future green projects. The construction of those yet-to-be-determined projects would take several years — and require future city contracts — to complete.

The city will pay Chevron $50,000 by the city to begin the work, with the contract to be financed through energy savings over several years. There is no upfront cost to the city, city officials told the council, unless the city opts against pursuing future recommended, agreed-upon projects.

The consulting services regarding developing a renewable power plant come at a cost not-to-exceed $15,000.

Green measures

A look at Benicia City Council OK’d-programs meant to lower the city’s carbon footprint:

* In-home energy audits: Pilot program will be offered to 250 households at no cost to most residents, city officials say. The program, to be rolled out next year, will include home inspections, energy-saving tips and mostly free, same-day fixes such as efficient lighting, plug strips and light-switch timers. Projected annual savings per household? Between $200 and $1,350, city officials say.

* More energy-efficient public facilities: The city will conduct a comprehensive study to lower energy use at public facilities. The city also will hire a consultant to advise on the development of a “micro utility” — possibly a wind or solar plant — north of Lake Herman Road. The project has two phases and would continue over several years during which time the city hopes to recoup its costs through savings.

I’m glad to see that the city is finally taking concrete action to create replacement housing for the scout quarters.  It represents a promise made to the scouts several years ago by the Council, but neglected until recently.  If I’m elected, I’ll make sure our scouts get their restored meeting and storage space without any further delays.
Dan
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Scout quarters and tourism on Benicia agenda

By Tony Burchyns, Times-Herald staff writer
Posted: 10/20/2009

BENICIA — A new home for Boy and Girl Scouts, and a tourism plan, will be considered tonight by the City Council.  

City staff is set to present architectural drawings for the first phase of the Mills Community Center project, which will allow local Scouts to use the building year-round and provide two rooms for the Kids Kaleidoscope after-school program. The facility also will house the city’s Summer Adventures Day Camp, city officials say. 

The city is leasing the shuttered Mills Elementary School on East L Street with plans to convert it into a community center.  A construction contract for phase one is expected to be awarded in December, with a projected completion date in April or May.  Staff worked with the firm of Noll & Tam Architects to develop an energy-efficient project that meets Leadership in Energy and Environmental Design certification.

In other action, council members are set to consider a proposed 20-month tourism marketing plan meant to turn Benicia into a hot spot for day trips in the Bay Area.  The Economic Development Board has recommended hiring the public relations firm of Wolf Communications to implement a broad plan that may include radio advertisements and a Facebook page, among other things.

The city already has set aside an unprecedented amount of money — $280,000 — to pay for the marketing plan, which is tied to economic development goals. City leaders say they hope to draw more visitors to First Street and the city’s historic attractions, including the State Capitol building and the historic Arsenal district, which is home to a lively artist community.

Feel free to add a few comments of your own at the bottom of each blog post.  There are also tools to bookmark this site and share it with your friends, or to subscribe to this site so that each new blog post will be sent to you automatically. 
Thanks, Dan

I’m very optimistic about our tourism marketing program. I believe it will generate significant new sales tax revenue for our city and boost our downtown economy and vibrancy.  Benicia has so many unique attractions for visitors – historic assets, the arts, our waterfront – the missing piece in the past has been the lack of a focused marketing plan, and leadership with the time and money to promote it.  

In particular, Benicia has unique heritage tourism opportunities that I would like to see developed.  We have the best Civil War history site on the west coast, and one of the best for transportation history, including the Pony Express and trains that crossed a river on the world’s largest ferry.  These are wonderful historical assets that need to be marketed and showcased. 
Dan
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Benicia to woo visitors

By Tony Burchyns/ Times-Herald staff writer
Posted: 10/02/2009

BENICIA — Drive-time ads on major radio stations like KGO. Web videos. A Facebook page and Twitter account leading people to a tourism Web site.  These are some of the possibilities for a 20-month marketing plan meant to promote Benicia as a fun, interesting and relaxing place to empty your wallet. 

The firm that pitched the public relations campaign has done similar work for small cities like Calistoga and Healdsburg, as well as bigger clients such as Santa Rosa, the Sonoma County Tourism Bureau and the Ski Lake Tahoe cooperative marketing group of resorts.

That’s one reason why the Benicia Economic Development Board majority this week recommended Wolf Communications for the job. The City Council already has set aside an unprecedented amount of money — $280,000 — for the pending contract.

“This town deserves to have this kind of attention … and it’s really overdue,” EDB member Christina Strawbridge said. “Now I think we have a first class marketing company to pull it all together for us.”

The City Council may award the contract Oct. 20, said Amalia Lorentz, the city’s economic development manager. “There would be a contractual relationship — much like we have a contract with Benicia Mainstreet,” Lorentz said, referring to partial city oversight of a downtown organization that receives some city funding for events.

The firm would work independently, but would report to city officials regularly. There would also be flexibility in the contract  for funding adjustments should the city’s fiscal priorities change.

Although the tourism plan hasn’t been fully fleshed out, Wolf has proposed a mix of print and radio advertising as well as media outreach and other marketing strategies. A preliminary budget calls for $95,000 to be spent on ad space in magazines and radio stations listened to by commuters.

The marketing targets are women age 35 and up and wealthy couples within a radius of 40 miles.

Duane Oliveira, who chairs the EDB, said he personally felt Wolf Communications was the most qualified of the 12 firms that submitted proposals. The firm has worked for numerous travel bureaus going back as far as the early 1990s.

“Since we are starting the city of Benicia’s tourism marketing plan from scratch, and do not have an operational tourism program in place, I wanted the most experienced company in travel and tourism, just not an experienced PR or marketing firm,” Oliveira said.

Oliveira also said he was impressed by how the firm helped its client, the city of Calistoga, solve a potential public-relations problem after a Bay Area newspaper reported a gay couple had canceled their vacation to the area because a local city council refused to recognize gay marriage.

Wolf Communications produced a testimonial Web video in which a gay couple talked about how tolerant Calistoga residents were.

“I thought the approach they took to solve the problem was very intelligent, and demonstrated his ability to work with his client to defuse a potentially damaging situation,” Oliveira said. “That problem-solving ability could come in handy for Benicia in the future, if needed.”

This proposed ordinance is a good step.  When the Seeno project becomes acitve again, we would have a legally binding mechanism in place to hold the developer to his promises.
Dan
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Benicia weighs tighter development controls

By Tony Burchyns/ Times-Herald staff writer
Posted: 09/28/2009

BENICIA — In light of recent controversies surrounding the so-called Seeno project, Benicia may try to strengthen its zoning code to give big developers less wiggle room.  The city’s zoning code says a developer may seek a so-called development agreement, but the legal tool ensuring that long-range projects adhere to their original visions is not mandatory.

City officials have drafted provisions requiring the city and developers to negotiate conditions of approval for projects of 40 acres or more. Under such agreements, big developments may be required to include things like bike lanes, trails, open space, a fire station, landscaping and other features the community may want or need. 

The Seeno project — a proposed business park development on 527 acres near Lake Herman Road and Interstate 680 — may be affected by any ordinance change.

Landowner and developer Albert Seeno III strongly opposed entering into a development agreement until faced with losing City Council support earlier this year. Seeno agreed to concessions — including paying for a nearly $1 million specific plan with community input — but since has put the project on the shelf, citing economic reasons.

Seeno is expected to meet with city officials in January to assess the project.

Mandatory development agreements originally were suggested during the last round of meetings between Seeno and the city at the end of 2008, Community Development and Public Works Director Charlie Knox said.

Mayor Elizabeth Patterson, who upbraided Seeno during public meetings for what she views as his self-interested approach to dealing with the city, pushed for the amendment. “(Development agreements) are viewed by the council as more binding … it’s making sure that what’s agreed upon gets done,” Knox said.

If the city starts requiring greater assurances from developers for each big project, it would mean that Seeno would be unable to duck its commitment to certain concessions by waiting a few years — until a new council may be in office — to start building.

Although some developers view the legal instrument as a good thing because it protects projects that may take several years to complete from being altered by future political interests, Seeno has opposed giving up control of his project.

A phone call to Seeno’s company, Discovery Builders, seeking the developer’s perspective on the matter, was not returned Friday.

“This is giving the city its proper role,” Patterson said. “(Local governments) do the planning, and the developer builds.”

The proposed, amended development-agreement ordinance heads to the Planning Commission in November.