Category Archives: Benicia City Council

Benicia City Council, Benicia Planning Commission, Benicians for a Safe and Healthy Community, Crude By Rail, Local Regulation, Oil trains, Valero Benicia Refinery, Valero Crude By Rail

FORESTETHICS: Benicia Planning Commission unanimously DENIES Valero oil trains project

From an email by Ethan Buckner, ForestEthics

ForestEthics2From: Ethan Buckner
Sent: Friday, February 12, 2016 2:11 AM
Subject: BREAKING: Benicia Planning Commission unanimously DENIES Valero oil trains project

Extraordinary news tonight from Benicia, CA, where the town’s Planning Commission voted unanimously to deny a land use permit for a proposed oil trains project at the Valero Benicia Refinery.

The decision comes despite immense pressure from Valero, the City Staff & City Attorney who all recommended approval of the project on the basis that federal law preempted the city from even considering rail impacts in making their land use decision.

Tonight’s decision comes at the tail end of four straight nights of public hearings that have lasted past 11pm. Public comment during the hearings reflected the broad-based opposition to the oil trains project fostered by tireless grassroots organizing.

One highlight from tonight’s hearing was a statement from Donald Dean, the Planning Commission’s chair, to the City Attorney & contracted attorney (who happened to have a long history of defending high-profile oil & energy projects). He said, “I understand the preemption issue, on a theoretical legal level, but I can’t understand this on a human level.”

The decision will likely be appealed to the Benicia City Council, who could vote on the project as early as mid-March. Stay tuned for updates, because we have a big fight ahead of us.

Yard signThe lion’s share of credit here goes out to the incredible grassroots leadership of Benicians for a Safe & Healthy Community. These tireless, fierce, and deeply passionate leaders have been fighting Valero tooth and nail for over three years, and have done a tremendous job in a tough industry town to build a campaign to be reckoned with.

Hopefully this momentum carries us forward for a denial at the San Luis Obispo County Planning Commission later this month.

Onward together!
Ethan

—
Ethan Buckner
Extreme Oil Campaigner
ForestEthics

Benicia City Council, Benicia Planning Commission, Crude By Rail, Final Draft Environmental Impact Report (FEIR), Local Regulation, Valero Benicia Refinery, Valero Crude By Rail

Everything you need to know for TODAY’S Planning Commission meeting

By Roger Straw, February 11, 2016
[Editor:  Well, ALMOST everything.  For more details, see EVENTS.  – RS]
UPDATE: 
A FOURTH PLANNING COMMISSION MEETING has been called for TONIGHT, THURSDAY, FEB. 11, 6:30pm.  Public comment is now closed, but it will be just as important to fill the chamber with concerned residents and regional support.  Be there if you can!  Arrive early to get a seat in Council Chambers.

Tonight, the first portion of the meeting will be given over to City staff and consultants.  According to Community Development Director Christina Ratcliffe, City staff will begin by discussing new materials given to Commissioners last night.  City Attorney Heather McLaughlin, notably absent during Commission procedings to date, was observed midway through the evening Wednesday delivering a huge stack of documents, presumably for Commissioners’ review.  It stands to reason that these documents will have further comments and instructions having to do with federal “preemption.”

City staff will also take time in the opening portion of tonight’s meeting to answer questions put to staff previously during the hearings, to which staff had responded that they would need to “look into it.”

Commissioners will no doubt interact with staff with further questions and clarifications, so it is likely Commissioners will not move into their final deliberations until – anybody’s guess – an hour or two (or three or four) go by.  Those deliberations and final statements are likely to take some time as well.  Director Ratcliffe advised Commissioners to bring their calendars to Thursday’s meeting, in case they need to schedule yet another continuation at a “date certain.”

PREVIOUSLY:

Benicians for a Safe and Healthy Community has been waging a critical fossil-fuel expansion battle virtually alone. Now it’s crunch time! We MUST stand with them!

On Monday and Tuesday nights, we witnessed history in the making. In an act of citizen heroism, Benicia Planning Commissioners directed pointed question after pointed question to City Staff, contract attorneys, paid consultants and Valero executives.  At critical moments, consultants couldn’t even defend their own report and some in the audience were heard to whisper “shame on you.” The hearing will continue tonight and quite possibly Thursday night.

Valero’s control over the city of Benicia is pervasive and pernicious. This battle has national and global ramifications. We need to turn out in force to encourage the Planning Commission to vote down Valero’s dirty crude proposal.

Sure, attending a meeting at Benicia City Hall at 6pm is inconvenient. But really, is this about us and our comfort level? We’re in a war for the soul of our community, our country and our planet.

Are you in?

Where: Benicia City Council Chambers | 250 East L St. Benicia
When: Arrive by 5:00 if you want a seat in the CC Chambers.
More info: http://safebenicia.org/news-and-events/

EARLIER:
Benicians For a Safe and Healthy Community is calling for a big turnout at the Monday Feb. 8 meeting of Benicia’s Planning Commission.  I join them in a sense of urgency.  See their call to action here.

This IS a critical moment for our city.  We have signed petitions, planted our yard signs, written letters to the city and the local newspapers, shown up at previous hearings … and now it all comes down to next week.

After yet another a final flood of letters by uprail agencies and environmental and legal experts; after we and Valero supporters jam City Hall and make our case on Monday, Tuesday and perhaps Wednesday and Thursday … our hard-working Planning Commissioners will close their massive 3-volume studies, ask some questions, make their own final comments, and vote.

Commissioners will vote first on whether to “certify” the Final Draft Environmental Impact Report (FEIR).  This will determine whether the report is adequate under California law, the California Environmental Quality Act (CEQA).   If they decline to certify the report, Valero will have to decide whether to 1) revise the report again and go through another set of hearings, 2) drop the project, or 3) appeal the Planning Commission’s decision to the Benicia City Council.

If on the other hand Commissioners vote to certify the report, then they will have a second vote: whether to approve or deny issuing a permit for Valero to proceed with its project.  If they vote to deny the permit, Valero will have to decide whether to start all over with a new proposal, drop the project, or appeal the decision to the City Council.  If our Commission decides to issue a permit for the project, Valero will get out the shovels and hardhats, but some among us might consider further action to stop the project, including an appeal to City Council.

Benicians for a Safe and Healthy Community has a News & Events page with all you need to know about Monday’s Planning Commission hearing.  Please come.  Plan to attend on Monday AND Tuesday.  Your presence is powerful.BSHC

Evite_Tell_BeniciaRSVP – Yes, I will attend the Feb. 8 Commission Hearing.  Click here.

Sign here!

Over 1300 have already signed the Safe Benicia petition.  Let’s hit 2000 today! Click the image above, or email us at info@safebenicia.org

WHY VALERO’S EIR FAILS:

HERE’S THE STAFF RECOMMENDATION TO APPROVE:

Benicia CA, Benicia City Council, Wind energy

Benicia City Council considering whether to consider wind power

From an email by Kathy Kerridge, Chairperson, Benicia Community Sustainability Commission

Benicia City Council considering whether to consider wind power

Plan to attend on Tuesday, December 15, 7pm

On Tuesday, December 15 the city council in Benicia will decide whether to issue a request for proposals for the development of wind power in Benicia.  The requests will include looking at different siting options.

Developing renewable energy at all levels is essential to avoid the worst effects of climate change. We can be part of the solution.  Please come to the meeting at 7 to let the council know that we need to start to develop renewable energy here.  I also believe that the city might make some money on this because they would be leasing the property to the developer.  I need to further check into that, but I wanted you to mark your calendars now.  Even if you can’t come, please email the council your thoughts.

Kathy Kerridge

Benicia City Council, Benicia Mayor Elizabeth Patterson, Benicia Planning Commission, California Environmental Quality Act (CEQA), Local Regulation, Public permitting, Revised Draft EIR (RDEIR), Valero Benicia Refinery, Valero Crude By Rail

Benicia Mayor: Public comment period closed – now what?

From an email by Benicia California Mayor Elizabeth Patterson
November 5, 2015

null

Public Comment Period Closed on Recirculated Draft Environmental Impact Report for Valero Proposed Crude by Rail Project. 

What happens next?

Last week the extended Valero Crude by Rail Recirculated Draft Environmental Impact Report (RDEIR) public comment period closed.  People are asking, “now what?”.

Following are some of the scenarios that could happen.  The list is in no way indicative of my thoughts or opinions and I have not asked for validation of any of the following scenarios by city staff.  But the list does represent some of the questions and scenarios being asked by the public.  I anticipate these kinds of questions will be raised at the Planning Commission hearing on the FEIR and project.  I take full responsibility for any errors and will correct such in future e-Alert update on Crude by Rail.

Scenarios:

1.  The staff and environmental consultants will estimate the work needed to respond to all the comments on both the original draft EIR and the RDEIR and advise the applicant.  If applicant agrees to proceed, the responses will be in the Final Environmental Impact Report  for consideration by the Planning Commission.

Or the applicant could appeal the staff decision.  I believe the appeal would be heard by the Planning Commission.  If they agreed with staff, the applicant could appeal to Council seeking relief from the staff and PC decision.  There would be no work done until the appeal is heard or the applicant agrees to fund the response document.  Read further for other permutations of further “delay”.

2.  If applicant agrees to proceed, the responses will be in the Final Environmental Impact Report  for consideration by the Planning Commission.

The public can comment at the Planning Commission FEIR hearing or in writing prior to the public hearing.  Generally, good practice is  staff (consultants) respond at the FEIR hearing which can be verbal or the item can be continued for written response though technically this is not like the draft EIR process.

Staff, consultants and outside attorney would prepare findings to be considered by the Planning Commission.  In the past for other projects the city sometimes has provided both possibilities for findings:  findings that the FEIR is adequate or findings that it is not.  The Planning Commission can find the FEIR adequate to decide on the project.  The Planning Commission could find that the FEIR is an adequate – though not a perfect assessment of the physical effects on the environment – and approve or deny the project.

The Planning Commission could find that the FEIR is not adequate for a decision to approve or deny.

Conventional wisdom is that either decision would be appealed.

3.  There can be an appeal at any step described above including decisions by staff and Planning Commission.  Appeals of staff go to the Planning Commission and their decision can be appealed to the City Council.  If any appeal moves forward, the City Council would have public hearing on any of the staff decisions and/or Planning Commission regarding the FEIR and the project.  The City Council could uphold the decisions of the staff and/or Planning Commission as in scenario #2 or not.

Depending on these actions and decisions there could be legal action.  Until legally decided, there would be no work done to advance the project process and staff time and effort would be to respond to legal action.

5.  Some experts and written opinions from the federal Surface Transportation Board and some legal opinions assert that if the California Environmental Quality Act (CEQA) causes undue delay in rail transportation, that the feds could act preemptively and “overrule” CEQA.  Others suggest that that does not apply to local land use permits.  Others may have more information on how this process would work.

6.  City Council could certify the FEIR and deny or approve the project.  Conventional wisdom is that there would be a lawsuit challenging the decision based on CEQA and local permitting process.  The city is indemnified by the agreement with the applicant, meaning the applicant pays for all legal defense.  Some lead agencies hire the defense attorneys and the applicant pays for the defense.  Other lead agencies have been known to let the applicant choose the attorneys and pay directly for the defense.  The city is the lead agency.

7.  The applicant chooses not to pay for the defense of the CEQA document and land use permit law suit.  City stops the processing and defense.  There is a time factor involved in CEQA lawsuits.

The best place to get accurate current information on the process is with staff.  To get started, click here.  Another source is the Benicia Independent which is editorially opposed to the Crude by Rail project and selective about letters but does provide links that are easier to access.  It is also a comprehensive source of current news.  There is no comparable site in favor of Crude by Rail.  Stay tune for developments in this area.