BENICIA – The Benicia City Council voted unanimously on Tuesday to begin a community engagement process to create stronger regulations of the Valero refinery and other industries in the city through an industrial safety ordinance.
At Tuesday’s meeting, the council chambers were filled with community members who expressed concerns about deficiencies in Valero’s fence line monitoring, accident reporting and the company’s dismissal of community input.
Many felt that state and regional regulatory agencies have allowed delays in monitoring programs and had not followed through on key avenues of enforcement. Mistrust was also fueled by a revelation in 2022 that the Bay Area Air Quality Management District had discovered that Valero illegally released toxic emissions for 16 years but the agency failed to notify Benicia residents until three years after the discovery.
In 2018, the city council considered adopting an ordinance to regulate the refinery similar to legislation in Contra Costa County and Richmond, but instead formed a cooperative agreement with Valero which is set to expire in 2025. After four years of the cooperative agreement, residents said that it has not provided sufficient oversight of industrial practices in the city.
Mayor Steve Young encouraged residents to define the areas where the current agreement falls short to indicate a direction for provisions that could be included in an ordinance.
Benicia resident Terry Mollica, who was involved in the drafting 2018 ordinance proposal and spoke on behalf of the Benicia Industrial Safety and Health Ordinance working group, said that the deficiencies are too numerous to list at the meeting. But he highlighted a key issue that the working group found to be particularly problematic.“It has absolutely no enforcement mechanism,” Mollica said. “In fact it includes a provision that allows Valero to unilaterally terminate the entire cooperative agreement at any time if it thinks it is being over-regulated.”
SG: Benicia recently wrapped up a sometimes contentious process of finalizing and then submitting housing plans to the state, as mandated by state law. What would you like Benicians who haven’t followed the issue closely to better understand about the process and results?
SY: The State has passed a variety of laws recently addressing the housing shortage that is directly tied to things like homelessness, housing affordability, and climate change (through longer commutes as people cannot find housing near jobs). The state has identified the resistance to new housing in suburban locales such as Benicia as being a real problem and have put strict accountability on cities to plan for new housing across income levels and throughout the community. That is what we have attempted to do through the Housing Element process.
SG: Are there any lessons learned from that process? Anything you think could have been done differently, including how this experience might inform future city planning?
SY: We might have been able to start the process earlier and had more time to consider the relative benefits of different sites. With 25% of the City consisting of open space, and all of it off limits to development, our choices were constrained.
SG: Back to Valero: In recent years, Valero has put hundreds of thousands of dollars into political action committees, seeking to influence Benicia’s city council and mayoral elections. What are your thoughts on this?
SY: I have consistently fought against their outsized involvement in our elections. There is NO place for corporate or union involvement in local elections, and the Supreme Court’s Citizen United ruling was a terrible one, opening the door to this type of unregulated political spending. Instead of spending hundreds of thousands in each election, and turning much of the community against Valero’s candidates of choice, those dollars could have been spent in so many more productive ways. Hopefully, after the last two elections, they will come to the same conclusion. But I am not holding my breath. This is a fight that, sadly, will probably go on every two years.
SG: More generally, what should the city’s relationship with Valero be? How might we plan to adjust to eventual changes in or cessation of its refinery’s operations, especially in view of climate change, pollution, health or economic factors?
SY: Valero remains the most important company in town, and the largest employer and taxpayer. Since my election, I have been having monthly one on one meetings with their general manager to discuss issues of mutual concern like a possible water reuse project in place of selling them 60% of our raw water. Other topics regularly covered include air monitoring and how they can improve their reporting to the City and community about unplanned flaring and other similar incidents.
SG: Is it time to reconsider an Industrial Safety Ordinance, which the City Council voted down 3-2 in 2018? Do you feel it might strengthen the city’s hand in dealing with issues such as the refinery’s 15 years of undisclosed toxic emissions, which we only learned of last year, or the recent reports of foul odor in certain neighborhoods, including those close to the refinery?
SY: I would want to see that a new ISO would be additive in value. Valero is already highly regulated, a fact I am becoming increasingly aware of through my service on the board of the Bay Area Air Quality Management District (BAAQMD). However, BAAQMD can also do a better job as was demonstrated by the egregious, unreported 15 year release of toxic gases by Valero and the four year delay in BAAQMD reporting the issue to the City. But there has been an ISO in Contra Costa County for many years covering the other four Bay Area refineries, and it seems to be working well and effectively without significant pushback from the refineries.
SG: Back to climate change. As a waterside community, Benicia stands to be affected. What plans or actions might the city government initiate to adjust to this reality?
SY: There is no stopping the effects of climate change short of a major decrease in the use of fossil fuels. One of the more immediate effects will be on rising waters which will continue to threaten our wastewater treatment plant, marina, and downtown. And a climate change caused drought has not gone away despite a wet winter. We need to secure our water future, and it can be done with a water reuse project to use recycled waste water for Valero’s industrial purposes while saving our drinking water. If we can pull this off, we can become self sufficient in water.
SG: Like any community, Benicia is not immune to racial justice challenges and related concerns. What is the city doing to address such matters? What else might it do?
SY: Benicia was the first city in Solano County to hire a part time diversity officer and form an advisory group (CURE) to address issues of equity and diversity within the City. as well as addressing community wide concerns like the La Migra “game” held annually at the High School. The Library has also been holding a number of lectures and programs on this topic.
SG: What major challenges do you see Benicia facing in the years to come, above and beyond those we’ve already covered?
SY: How to pay for existing services in a period of high inflation with flat revenues, and how to retain and recruit excellent staff if our salaries are not competitive.
With the departure of Erik Upson, Benicia needs a new City Manager. What is the process for replacing him?
Given the short notice we got about Erik’s retirement, we moved quickly to interview four highly qualified internal candidates before selecting Mario Giuliani to be the interim City Manager. We are hopeful/confident Mario can prove up to the many challenges facing a City Manager and we will be able to remove the interim tag later this year.
SG: I understand that the brush-munching goats are back! Or they soon will be. What is your opinion on the goats? How do folks find out whether and when the goats might come to their neighborhoods?
SY: I, and most all Benicians, love the goats. They are so popular, in fact, that they are becoming more expensive and harder to schedule. Check with the Fire Department for specific information on their locations.
SG: You recently had a rather bad bike accident. Are there any lessons or advice you’d like to share with fellow cyclists?
SY: Follow the rules of the road (I wasn’t), don’t speed and bike carelessly (I was), and always wear a helmet (thankfully, I was). I was very fortunate that my injury was not much worse.
SY: I grew up in Burbank, in the San Fernando Valley.
SG: What kind of work have you mainly done during your career?
SY: I managed a variety of local government programs in the fields of affordable housing, neighborhood improvement and military base conversion in California and Virginia.
SG: I understand that some time ago you and your family lived in Costa Rica. Could you say something about why you moved there, what you did while there, and why you returned to the United States?
SY: We moved to Costa Rica primarily to give our daughter the experience of going to high school in a foreign country, living in a different culture, and learning a new language; while we spent time exploring all of the beautiful country as well as some of the rest of Central America, much time was spent trying to become established as residents and becoming comfortable with the uniqueness of the country. We returned after four years when my daughter entered college in the US and to help care for my aging parents.
SG: When and why did you first move to Benicia?
SY: We moved to Benicia in 2012; we fell for it for the same reasons most do: small town, waterfront setting, open and friendly people.
SG: I believe that your first major involvement with Benicia’s city government was on the Planning Commission. What made you decide to apply to join it?
SY: Knowing literally no one when I moved here, and having spent my career in local government, I hoped to both meet new people and use my government experience to help serve in a volunteer position.
SG: When you were on the Commission, what was your reaction and actions regarding Valero’s Crude by Rail plan? (For those new to Benicia or otherwise unfamiliar with this issue, for four years until ultimately defeated by a unanimous 2016 City Council vote, the Valero Refinery sought to bring two 50-car trains a day carrying up to 70,000 barrels of crude oil into Benicia from Canada and North Dakota.)
SY: Given the long time between hearings on this project, I had ample time to research a number of issues related to rail cars, fracked oil, and the possible impact of these train cars on backing up traffic in the Industrial Park. I eventually had the chance to ask a variety of detailed questions of the staff and Valero, not all of which were answered to the satisfaction of the Planning Commission. My questions triggered other questions from Commissioners and helped lead to the unexpected unanimous rejection by the Planning Commission of the Valero request and the EIR [Environmental Impact Report].
SG: What made you decide to run for City Council and then for Mayor?
SY: My exposure to local government on the Planning Commission motivated me to step up and run for Council in 2016. And I saw an opportunity in 2020 to add my experience, ideas, and leadership.
SG: What are you most proud of from your two years in office (so far) as Mayor?
SY: Working with the City Manager to help navigate the COVID pandemic through a contentious time and helping bring back our civic celebrations. Also adding a new level of transparency and communication with the community with my extensive use of social media.
SG: What has been your biggest challenge(s) as Mayor?
SY: Internally, trying to get the City to be more communicative with the community as well as our upcoming fiscal challenges. Externally, trying to get people to understand that maintaining the level of services like they have come to expect comes with rapidly increasing costs that the City is not able to meet with existing revenue.
SG: One of Benicians’ biggest concerns is the state of our roads. Measure R, which would have funded road repair, narrowly lost when on the ballot in November. What, if anything, do you think should be done now to address the situation with the roads?
SY: There is a citizen driven sales tax initiative being proposed by a variety of community leaders that would set aside the same amount of funds strictly for roads and related infrastructure. It is our best chance to actually fix all our roads over a 10 year period.
SG: Another challenge is water charges. What, if anything, should be done to address that?
SY: Unfortunately there is not a magic bullet for this that will bring down water charges. Treating water and wastewater is highly regulated and expensive, and requires a number of employees with specific skills and licenses. And many of our pipes are quite old and failing. There are too few ratepayers to spread (and lower) these costs. More growth and customers may lead to more ways to spread those costs.
SG: There also is the question of Benicia’s large stretch of land known as the Seeno property (named for the land owner). What are your thoughts on whether and how that should ever be developed for housing? Do you see alternative uses for it?
SY: I would like to withhold my specific preferences on that in deference to the planning/visioning process that is currently underway, and that may eventually come to Council for decisions. But I can say ,that, as one member of the community, I would hope to see a mixed use development including multifamily and single family housing, in addition to some localized commercial development. Ideally, we would have direct micro transit options to downtown and a few locations in Vallejo. And perhaps some office or R/D uses along the East 2nd street frontage.
Many moons ago – before the red moon and blue moon – city leaders began the planning process for developing Sky Valley (1990s). Imagine suburban development like what is happening on Columbus Parkway along Lake Herman Road. More streets, water lines for more water and more traffic with more carbon emissions.
The first tail wagging. Sky Valley planning process was the tail wagging the dog. Why? Because the then General Plan was old and did not anticipate that kind of growth. The city council decision makers balked at paying for a general plan update. A group of organized citizens proposed to the council that the council establish a task force to determine wither the General Plan should be updated. The task force with a consultant was approved, and reported to the city council the need for an update. Council adopted a resolution establishing a commission which was charged with leading the community discussion. The Council resolution included substantial city funds for the commission and future consultants including an economic assessment.
Take note that there are details to this story which I have provided in earlier postings such as a citizen collecting signatures in opposition to Sky Valley development and a vote by council to not move forward. This was after the respected city manager at the time initiated a specific plan process. The public was treated like most of these processes — being fed information in meetings and not being part of the ownership of the decision. Indeed one of the finest consultants in California known for her public participation process quit because of this flawed process. But I digress.
What a community-led process is. The General Plan update process was led by the General Plan Oversight Committee (GPOC – pronounced gee pock). There were panels of experts on property rights, geologic issues, affordable housing, open space and conservation and economics. By consensus – not brute power – GPOC found common ground in a shared vision for Benicia. And that shared and adopted vision is our current General Plan.
But that dog’s tail is wagging again. And this story follows a red moon. [This has nothing to do with the story but it does add color].
The second tail wagging. Coincidentally at the May 17th council meetings two tails were on the agenda. Let me explain: as a result of the community led GPOC, the consensus was that in keeping with the vision for Benicia as a small town, smart growth and sustainable development, an urban growth boundary line (UGBL) would be established along Lake Herman Road excluding urban development requiring municipal services. This is another story I’ve written about and to keep this posting shorter I will just say that because of council wavering on the UGBL, citizens ran an initiative in 2003 to establish the UGBL by a vote that cannot be undone by Council. That initiative must be renewed after twenty years. The council voted to place the renewal of that initiative on the ballot this coming November.
Seeno Again. And at this same May 17 council meeting – coincidentally – council approved a planning process for what is called the Seeno property, establishing a “community-led” process to recommend a “vision” for the Seeno property. The property owner goes by another name now WCHB. But it is Seeno. So who is Seeno and where is the property?
Google Seeno and you will find stories of blatant destruction of wetlands and millions of fines paid – the price of doing business. You will find law suits against communities such as Brentwood for denying one of their projects. You will find in the 1980s about how Seeno built a commercial building in Concord that exceeded the Concord Airport safe aviation height. You will find articles about how the federal government and over 20 agencies “raided” the corporate offices in Concord. It had something to do with politics in Nevada and death threats on both sides. Seeno. They even filed a lawsuit against the City of Benicia for its planning efforts for creating walkable and bikable streets in the Industrial Park. They were not successful. And that family-owned business has owned over 530 acres here in Benicia west of East 2nd and along Lake Herman Road for over 35 years.
The current General Plan is the vision for Benicia. To change that vision requires a public process and an amendment . . . and CEQA. The overarching goal of the General Plan is sustainable development. There are a multitude of goals and policies about land use, walkability, water, traffic and economic goals and policies. All of these are the guiding principles for development. It’s the constitution for land use. It’s the law.
At the May meeting Council adopted resolutions and approved consultants to determine a “vision” for the Seeno property. The “community-led” process is similar to the failed process in the Sky Valley experience. The planning consultant will meet with the council subcommittee of two (Young and Macenski) and then meet with the “community-led” public meeting.
Community-led process. So what is the community-led process? Three or so public meetings where you can show up and listen and comment. No formal commission. No stakeholder process. No ownership. Will this meeting process review the General Plan especially for the overarching goal of sustainability and more specific considerations of topography, view sheds, and other quality of life and city policies?
The scope of work for the two consultants – planner and economist – make no mention that the General Plan is the first step for considering the use of the Seeno property. Opportunities and constraints are fundamental planning approaches. I wrote a white paper on this very topic in anticipation of development of the Seeno site. The General Plan goals and policies are where one starts for “opportunities and constraints”. If the current planning process anticipates changing the land use, start with the existing framework. By the way, in the 1990s the Benicia Industrial Park Association conducted a robust campaign against housing/mixed use for the whole area including Seeno.
Best planning tool is not being used. Secondly and for a technical reason, a review under the California Environmental Quality Act (CEQA) is not going to be done. The technical reason reminds me of the expression of “do what you want and ask for forgiveness later”. Why? Because CEQA is the best planning tool we have in California. CEQA is intended to inform government decision makers and the public about the potential environmental effects of proposed activities and to prevent significant, avoidable environmental damage. It asks nearly all the questions one would want to ask about development. Think about it. Would we have built an asphalt plant near residential development if CEQA had existed? When will the carbon footprint be assessed? What are the potential off-setting strategies for the carbon footprint?
Water. Water supply. The cost of water treatment. When will these issues be addressed and what will be recommended and how much will it cost?
Not doing a CEQA-like process means that is less likely a proposed development will avoid impacts. What is more commonly done is mitigation for impacts. Meaning instead of avoiding potential water supply issues, CEQA could address with rain water capture, industrial above the ground cisterns. Avoiding storm water pollution and flooding would be designed up front in the potential future project feasibility. But waiting until an impact is formally identified, the typical mitigation would be water supply and storm water treatment. Such mitigation approach is expensive and not sustainable.
Carbon Footprint. How will there be an assessment for avoiding adding to our carbon footprint? Better yet, will there be a benefit of reducing our carbon footprint? Or are we going along in willful ignorance? Without some kind of CEQA assessment the answer is disturbing.
Economics. Speaking of economics, the second consultant is the economist. And the consultant is the same firm that did the 1999 General Plan economic study and EIR assessment. Their scope of work has nothing in it to assess development for consistency with the General Plan goal of sustainability. Nor does it lay out a decision making process for life cycle cost analysis. This means the real cost of maintenance and operations for roads, water lines, water supply, waste water treatment, and other municipal services. For instance, residential development property taxes don’t keep up with the cost of things and therefore some municipal services such as roads are not maintained as good as they should be. Or there may be a need for higher sales tax to cover these. Or… there could be other strategies so the city does not dig its financial hole deeper with added cost of residential development or any development.
What Kind of Retail Matters. The economic scope of work will assess retail. Retail that provides services within commercial and light industrial development (the current general plan designation) is sustainable and should reduce driving because these services are within walking distance. But. Large scale retail – including a movie complex or chain retail – will wreck downtown. Just look around and see: Pleasanton, Fairfield, Vallejo. Where is the analysis for this effect?
We as a city have had the best planning processes in the past as described earlier for GPOC. We had internationally regarded planners conduct meetings, seminars and charrettes. We had a nationally recognized economist detail what cities need to think about when doing development. At one time we were leaders in reducing our carbon footprint. Best of all we have a specific plan for the Seeno site based on the opportunities and constraints of the land and policies and a graphic supporting the specific plan. This was the product of a citizen-led effort. Have we learned from our past efforts?
Oh, and did I mention that Seeno is paying for this work?
My recommendations are for the council to
Establish a formal task force perhaps along the lines of the Waterfront Park process (done by the same firm that the current planning consultant worked for). This would be a community-led process.
Ask how can we add value to what we have and avoid failed business as usual development.
Adopt a CEQA approach that is not an actual legal CEQA but uses the tools and approaches for assessment of development choices.
Ensure by council resolution that any agreement for potential future specific plan includes a development agreement.
Adopt a resolution affirming the General Plan goal for sustainable development and no net increase in our carbon footprint. Climate crises is real. Business as usual is unforgivable. I expect nothing less from our council. Elizabeth Patterson, Benicia Mayor 2007 – 2020Elizabeth Patterson After three terms as Mayor of Benicia CA, Elizabeth retired from Benicia’s city council in 2020. She is vice-chair of the Delta National Heritage Area Advisory Committee; serves on the North Bay Watershed Association representing Solano County Water Agency; is policy chair for AAUW; is a lecturer for a grant funded semester course at Sonoma State on land use planning and management and water. She loves to walk and hike with Alex, her 18 month-old puppy.
You must be logged in to post a comment.