Tag Archives: Benicia Mayor Elizabeth Patterson

Benicia 2014: Year in Review, Vallejo Times-Herald

Repost from the Vallejo Times-Herald

Benicia: Drought, budget keep city busy in 2014

By Tony Burchyns, 12/29/14

Benicia>>It was a busy year for Benicia as residents responded to drought and budget problems challenging their way of life.

Faced with the potential loss of 85 percent of their water supply, Benicians were forced to conserve and pay more for water from other sources.

Meanwhile, residents approved a sales tax measure to forestall further budget cuts. They also passed school district bond measure to fix aging classrooms.

The city also managed to adopt a mater plan for its long-awaited downtown waterfront park and complete a $3 million park-and-ride project funded by bridge tolls.

Here’s a look back at some of Benicia’s top stories of 2014:

• More so than any other Solano County city, Benicia was hit hard by the state’s ongoing severe drought. The city’s dicey water situation is related to the State Department of Water Resources’ decision in January to halt State Water Project deliveries to millions of residents. Normally, that’s where Benicia gets 85 percent of its water.

In response the shortage, the city cut its water use by more than 20 percent, exceeding the statewide average of 6.7 percent. In addition to implementing outdoor water restrictions, the City Council also approved a drought surcharge to pay for added costs, such as purchasing water from other communities to meet demand.

In the coming year, the city is expected to look for ways to increase the reliability of its water supply to avoid future shortages.

• Faced with ongoing budget problems, voters overwhelmingly passed a 1 cent sales tax to maintain city service levels. City officials argued the extra revenue — projected to reach $3.7 million annually — was needed to maintain “quality of life” services such as police and fire and parks and recreation. The city has trimmed 12 percent of its workforce since 2008 to make ends meet.

• In June, voters passed a $49.6 million Benicia Unified School District bond to fund facility improvement at several campuses. It is the first district improvement measure in 17 years, following three failed parcel tax attempts.

• The Valero Benicia Refinery’s proposed rail terminal project continued to fuel debate over crude-by-rail safety issues. If approved, the project would allow Valero to import up to 70,000 barrels of Bakken or Canadian tar sands oil daily by train.

In June, the city released the project’s environmental impact report, leading to packed public hearings over the summer. People as far away as Roseville attended to voice opposition or support for the project, which would increase oil train traffic through the Sacramento Valley.

The city also received letters from state and local officials — including State Attorney General Kamala Harris — criticizing the project safety analysis as inadequate. The city is in the process of responding to those and other comments.

Meanwhile, the project has sparked a debate on whether Mayor Elizabeth Patterson’s public statements about crude-by-rail issues would prevent Valero from getting a fair hearing. In October, Patterson — an outspoken advocate of tougher oil-train safety measures — revealed the city had advised her not to participate in any decisions on Valero’s pending permit. Patterson, however, has challenged that advice, defending her right to speak openly about public safety issues related to the transportation of crude oil by train.

• Following years of planning, the city adopted a waterfront park master plan in October. The Urban Waterfront Enhancement and Master Plan is meant to guide the development of a waterfront park along the Carquinez Strait between First Street and the marina. In the coming year, the city is expected to seek funding for design and engineering phases estimated to cost $6.7 million.

• Hoping to make life easier for bus riders, the city completed transit stop improvements on Military West between West K Street and Southampton Road.

The project followed the completion of similar improvements on Military West near City Park last year. The projects cost $3 million and were funded by bridge tolls.

Both stops are served by SolTrans Route 78, which links the Vallejo ferry terminal to BART in Contra Costa County.

• The city has also moved forward with joining Marin Clean Energy to give residents another option for power source. Benicians will be given a six-month opt out period to give a chance for them to stay with Pacific Gas and Electric. There will be a one-time fee for those who decide to opt out afterward. According to staff reports, The city could also receive between $40,000 to $80,000 annually as its solar power credits by utilizing the clean energy source. The current MCE rates are lower than those of PG&E’s, though both rates could fluctuate in the future.

Staff writer Irma Widjojo contributed to this article.

A little humor on a serious subject

Letter to the Editor, The Benicia Herald
[Benicia Herald letters to the editor only appear in the print edition.  – RS]

A little humor on a serious subject

By Roger Straw, December 9, 2014

I got a big laugh out of the letter by my friend Jim Kirchhoffer, “The Mayor is at it again,” which appeared in last Friday’s Benicia Herald.  Great spoof, and a wonderful lightening of the controversy over questions raised by Council members and the City Attorney resulting in allegations of Mayoral bias.

I was surprised, however, and somewhat horrified to discover that at least one very intelligent friend of mine didn’t find any humor or “tongue in cheek” in Mr. Kirchhoffer’s letter.  I scratched my head and wondered why?

As a possible explanation, consider this: here in Benicia, we’ve been through four and a half years of continually repeated public attacks on Mayor Patterson by a local right-wing gadfly.  Jim Kirchhoffer’s light-hearted spoof must have seemed to some Benicians like just another malicious rant.

Many thanks to Mr. Kirchhoffer for his gift of a touch of humor and for his injection of a lighter note into the current controversies.  The point behind his satire is serious and well-taken: that our elected officials should be free to express themselves on current matters having to do with public health and safety, to exercise their expertise and competence on behalf of the public welfare, and to provide the public with information on a wide range of topics via email and other forms of communication.

Roger Straw, Benicia

The mayor is at it again – letter to the editor

Letter to the Editor, The Benicia Herald
(Benicia Herald letters to the editor only appear in the print edition.  Please read my response to this letter, A little humor on a serious subject.  – RS)

The mayor is at it again

By Jim Kirchhoffer, December 5, 2014

Dag blast it!  I got another of Mayor Elizabeth Patterson’s E-Alerts again today.

This time she was going on about the problem of record lows in our reservoirs!  And she printed out an article from the Chronicle!

I hope our alert city attorney will get her to stop making public comments about water, and force her to recuse herself from any City Council matters of water of any kind, anywhere, anytime.  To infinity and beyond.

And while the city attorney is at it, let’s not stop at water, let’s just stop her from giving any opinions at all on anything.

There’s too much information being bandied about these days, and Mayor Patterson is the source of much of it and needs to be muzzled.

Jim Kirchhoffer

Benicia Mayor responds: Staying the course on public health, safety, welfare

Repost from The Benicia Herald
[Editor:  Benicia’s Mayor Elizabeth Patterson responds that she will stand firm “with zeal, diligence and fidelity to the public interest.”  It would take a book-length treatise to document the near countless ways in which Mayor Patterson has helped move Benicia to embrace a sustainable identity and future.  It would take another book to document the constant drumbeat of opposition she has endured since her campaign for re-election in 2011.  Someone should write those books!  – RS]

Elizabeth Patterson: Staying the course on public health, safety, welfare

November 28, 2014 by Elizabeth Patterson
Benicia Mayor Elizabeth Patterson
Benicia Mayor Elizabeth Patterson

I WOULD LIKE TO RESPOND TO A COUPLE OF recent letters commenting about our city attorney that were published in The Benicia Herald. I personally prefer people to focus on issues and not staff. It should not be about staff, since they work for the City Council.

What was noted in one letter in defense of the city attorney was, in my experience, the extraordinary, passionate and lengthy defense of the city attorney by Vice Mayor Tom Campbell. Keep in mind the issue at hand is my so-called “biased” conflict of interest based on the E-Alerts I send. It is a difficult position for staff when one Council member questions another. Where do you draw the line? What is in the best interest of the city?

Most of my E-Alerts are about community goings-on, events, meeting notices and issues of public interest and concern. I send these e-Alerts when my workload and time allow. The following is what I always have printed at the foot of my E-Alert:

“This site is my responsibility and my discretion including recipients and material. Requests for posting are honored and I encourage readers to share information. An informed society is essential. Material on this site is my personal domain and does not reflect official city policy. Posting material on this site does not indicate bias for future decision making. Use of words and terminology, notice about events, forums and public concerns is not dicta nor determinative for future decisions. The more sunshine on issues, events, happenings and concerns, the better the public is aware of choices so that government is open and accessible to all and not just the few. Public discourse is the path to fair and informed decisions.”

As my attorney has written, “(W)e understand that you have acted in accordance with this statement, and we have not reviewed any email alerts or other communications which suggest otherwise.”

What differs from my attorney’s information and the city attorney’s outside counsel, Mike Jenkins, is that only select emails were sent to Jenkins while my attorney received multiple batches of complete past E-Alerts as well as all current ones. As my attorney wrote, “(Y)ou have requested our guidance on the laws which apply to you as a public official in California with respect to this matter and similar matters which may come before the city in the future. Our firm has many years of experience and expertise with respect to conflict-of-interest issues for public officials in California.

“As mayor, you have taken a leadership role on providing information to the city residents, and speaking out on the health and safety issues raised by the proposal to increase the (Valero crude-by-rail) train deliveries.

“In summary, based on our review of the facts, it is our opinion that you do not have a disqualifying conflict of interest in the Valero matter based on the Political Reform Act (Gov. Code section 81000, et seq.) which is the primary set of statutes governing public official conflicts of interest and which covers financial conflicts of interest. In addition, since the matter does not involve a contract with the city, Government Code section 1090 does not apply.”

My attorney’s opinion discussed the court decisions holding that public officers must exercise their powers with “disinterested skill, zeal, and diligence and primarily for the benefit of the public,” and that “fidelity to the public interest is the primary purpose of conflict of interest laws.” Indeed, public officers are obliged to fulfill their responsibilities with both honesty and loyalty. If they are influenced by any “base and improper considerations” of personal advantage, they violate their oaths of office.

Jenkins’s opinion cited numerous appellate cases about elected officials having personal reasons for acting toward a city employee and other personnel and contract matters of an elected official. These cases are not on point in my case. My E-Alerts are informing the public about issues affecting public health, safety and welfare.

Jenkins cites another case involving a court holding that a planning commissioner was “biased.” This case is distinguished from the Fairfield case because a) it involves an appointed official, not an elected one; and b) the commissioner actually wrote an argument against a project before it came before the elected body.

The California Supreme Court wrote in the Fairfield decision that “(t)hese topics are matters of concern to the civic-minded people of the community, who will naturally exchange views and opinions. . . . A councilman (sic) has not only a right but an obligation to discuss issues of vital concern with his constituents and to state his views of public importance.” The Fairfield decision has not been overturned or revised by the court and remains the law applicable in similar circumstances.

Because my interest is to provide the public information about vital public health, safety and welfare issues, I send, without expressing an opinion on a specific project, information about relevant meetings, including public and quasi-public (Valero) issues and news regarding national, regional and local issues.

Therefore, I will rely on the advice of my attorney, to wit: “Your current course as spelled out in the statement included on your email alerts . . . is certainly consistent with both (court) decisions and prudent under all of the circumstances. Accordingly, we would advise you to stay your current course of engaging in the exchange of information and discussion of the issues and supporting the process for public education and engagement on the issues while avoiding any specific statements of opposition to the pending permit decision and keeping an even-handed approach to your interactions with the public and all others involved in the matter.”

With zeal, diligence and fidelity to the public interest, Elizabeth Patterson

Elizabeth Patterson is the mayor of Benicia.