Category Archives: Vallejo CA

“Nobody Is Above the Law” Events

By Roger Straw, December 5, 2019
Nobody Is Above the Law. That’s why we’re calling on Congress to Impeach & Remove Donald Trump.  —   impeach.org

Groups all across the nation – including many here in the Bay Area – are planning to hold rallies on the evening before the announced HOUSE vote.  That’s coming up pretty soon.

Stay alert for the announcement of the vote and plan now to attend a nearby rally.  You can find details for nearby rallies and RSVP your intention at https://www.impeach.org/event/impeach-and-remove-attend/.

Roger Straw

Benicia – no student strikes at public schools or on our streets on Global Youth Climate Strike day?

By Roger Straw, September 21, 2019

Students evidently not active here in Benicia on Global Strike Day, September 20, 2019

Student-led March For Our Lives crowd of 1500 at Benicia gazebo, March, 2018

As far as I can tell, there were no student strikes at public schools or on the streets of Benicia or Vallejo on Global Youth Climate Strike day 2020.

Police estimated that 1500 took part in the student-led Benicia March For Our Lives in 2018.  It seems gun violence in schools strikes a chord, but the threat of a planet in crisis is a little too far off for most of our kids and those who support and encourage them.

Breathe deep.  Read the news.  And wake, young’uns.  Most of you already know: The planet is on fire and there is no PLANet B!

Global Climate Strike protesters march, chant, and hold signs, one of which reads, “There is no planet B.”
Activists gather in John Marshall Park for the Global Climate Strike protests in Washington, DC, on September 20, 2019. | VOX, Samuel Corum/Getty Images

I reached out, but have not heard a thing from Benicia High School activists or teachers.

Granted, I was undergoing minor surgery on the 20th.  I was not only unable to protest myself – I didn’t drive around town looking for signs of walkouts or rallies.  So there MIGHT have been something going on.  I really hope so.  But I think not.

Our only local daily newspaper, the Vallejo Times-Herald, reported on a Vallejo Charter School rally (definitely NOT a strike, according to Matt Smith, Griffin Technologies Academies Superintendent ).  That rally, while informative and perhaps even empowering for students, stayed on campus, where students listened to speakers and participated in adult-led chants.

Tame?

I’m guessing our students were told that if they walked out, they would be charged with an unexcused absence, which was evidently the widespread approach here in the SF Bay Area:

“Although schools in New York City allowed students to take the day off as an excused absence if they marched, that wasn’t the case in the Bay Area. School districts around the Bay Area issued statements saying they generally supported the students’ exercising their First Amendment rights, but that anyone who left a school facility would be given an unexcused absence.”  — Bay Area News Group report, published in the Vallejo Times-Herald

Encouragement: there are plenty of coming events you can still take part in.  See the 350bayarea.com EVENTS calendar.
Here are the Vallejo Times-Herald’s two stories on the Climate Strike:

CLIMATE STRIKE

Thousands walk out in Bay Area
Vallejo Times-Herald, Bay Area News Group report, September 21, 2019
SAN FRANCISCO, CALIFORNIA – SEPTEMBER 20: Students (in back bananas) from different Oakland high schools take part in a climate strike march along Market Street in San Francisco, Calif., on Friday, Sept. 20, 2019. Marchers in the San Francisco Bay Area and around the world demand action on climate change. (Ray Chavez/Bay Area News Group)

Thousands of people across the Bay Area took to the streets Friday as part of a global “climate strike” to urge political leaders to do more to address climate change.

The demonstrations were led by students but included adult workers.

In San Francisco, a crowd estimated at roughly 8,000 people met at the federal building on Seventh Street, where House Speaker Nancy Pelosi and U.S. Sen. Dianne Feinstein have their offices, and prepared to march 1.1 miles down Market Street, past the offices of Bank of America and PG& E before ending at Embarcadero Plaza near the Ferry Building.

Chanting and banging drums, the crowd, largely made up of young people, held signs saying “Grownups do something,” “There is no Planet B” and “Governor Newsom stand up to big oil.”

In the East Bay, about 200 people gathered to chant and rally in the Laney College courtyard, including groups of students from Montclair Elementary and St. Paul’s Episcopal School in Oakland. Organizers planned to board BART and join up with marchers in San Francisco later in the day.

St. Paul’s eighth grader Lily Salazar came to the demonstration as part of a field trip with dozens of her classmates, who made signs at school on Thursday.

Salazar said she wanted to send a message to politicians: that, in the future, “We are going to be the voters,” and that the changing climate matters to them.

“It’s our futures — if we don’t stand up now then eventually it will be too late,” Salazar said. “We’re going to have to live with it.” It wasn’t the first protest for the class. Salazar and other students also joined nationwide student demonstrations against gun violence in the spring of 2018. On the Peninsula, students walked out of class at San Mateo High School and other high schools.

Across the United States and in other countries, similar protests took place. Events were planned at 4,500 locations in 150 countries, from France to Uganda to Kabul, Afghanistan, where 100 people, mostly young women, marched holding signs, protected by armed soldiers. The events were timed around a United Nations Climate Summit set for Monday in New York.

They were inspired by a series of school walkouts to protest climate, started by Greta Thunberg, a 16-yearold Swedish activist who, after taking a boat across the Atlantic, testified before the House of Representatives earlier this week — where she chastised the lawmakers for not taking action on climate change — and met former President Barack Obama.

Although schools in New York City allowed students to take the day off as an excused absence if they marched, that wasn’t the case in the Bay Area. School districts around the Bay Area issued statements saying they generally supported the students’ exercising their First Amendment rights, but that anyone who left a school facility would be given an unexcused absence. Some noted that schools cannot protect students when they leave campus and also that schools would lose state funding for each student who missed a day of school.

Cynthia Greaves, communications manager for the Mountain View Los Altos School District, said Friday that although the district “supports the students’ civic rights to participate in the walkout, their absences will not be excused.”

It is up to each teacher’s discretion whether students who participate in the walkout will be able to make up the class work they miss, Greaves said.

Liv Wisely, 17, a senior at El Cerrito High School, in Contra Costa County, said teachers agreed to excuse her absences so she could attend the demonstration Friday morning. She was motivated by a sense of responsibility to future generations, she said.

“There really is a right and a wrong side of history,” Wisely said. “In the end, you’re going to be held responsible, the same as everyone else who just stood by and watched it happen.”

Anna Fletcher, a senior at Los Altos High and one of the organizers of her school’s walkout, called Thunberg a “big inspiration” for the decision to plan a march.

“Some people think protesting doesn’t do anything, but it really only takes one person to make a change,” Fletcher said Climate activism has been ramping up over the last two years as the effects of climate change have become more visible.


And… here’s the Vallejo Times-Herald story on the charter school rally:

STUDENTS RALLY FOR EARTH

RALLIES ON GLOBAL CLIMATE ACTION DAY

Griffin, MIT hear adult pleas for their help
Vallejo Times-Herald, by Richard Freedman, Sep 21, 2019
Students and faculty from the Mare Island Technology Academy march as they take part in the Global Youth Climate Strike on Friday in Vallejo. PHOTOS BY CHRIS RILEY — TIMES-HERALD

While a 16-year-old Swedish girl chastised politicians on Capitol Hill this week, sister charter schools in Vallejo held a Global Climate Action Rally Day of their own.

Activist Greta Thunberg enlightened the suits in Washington, D.C., hoisting a sign in Swedish “Skolstrejk för Klimatet” (“School Strike for Climate”).

“I don’t want to be heard all the time, but if there is anything I can do to improve the situation then I think it’s a very small price to pay,” Thunberg told CNN.

Young people took to the streets in protest worldwide, including thousands in New York City.

While Griffin Technologies Academies Superintendent Matt Smith emphasized Friday’s late morning Vallejo rally and march was not a strike, he approved an extended lunch period for guest speakers and a march around each respective campus — a block from each other in north Vallejo.

The goal, Smith said, was to “raise awareness about climate change and to mobilize students to take an active role as leaders in our society.”

At the Griffin Academy, sixth and seventh grade students listened to an environmental chant by conservation biologist Michael Oakes before strolling around the interior of the five-acre campus.

“I want them to feel empowered to voice their concerns,” said Griffin Technology Academy Principal Stephanie Morgado. “There’s a lot of talk about what you can and cannot do, especially concerning our demographics. They can come together for a cause.”

Plastic consumption “and how we re-purpose all this plastic material” is a significant concern for Morgado, who sports a simple line drawing tattoo of two otters on her right arm.

The day of rallying and marches “bring that awareness to the students and their families,” Morgado continued, calling Thunberg’s appearance before the legislators “huge.”

“I think we downplay the power that our students have to make change and how we need to build a sense of urgency,” Morgado said.

Climate change “impacts people beyond our sphere,” added the second year principal. “It’s not just an America issue. It’s a global issue. There’s a lack of awareness to that.”

Natasha McCormick, an English teacher at Griffin, said the rally and march were “really exciting and super fun to watch in terms of getting engaged.”

McCormick believes it’s up to the younger generation to, if not save the planet entirely, work to solve climate change challenges.

“If anyone’s going to do it, it’s them,” McCormick said. “It’s certainly not the people in power.”

The students “want to know why things are important, why they matter and why we would spend time learning about it,” McCormick said. “Legitimate questions.”

One Griffin student, Davonna Nurzi, 12, lamented how “a lot of kids these days and adults litter and that it can go to the ocean, pollute, and injure animals and make them extinct.”

Sixth grader Amelia Ostem held a sign, “My world’s on FIRE, how about yours?” She said she marched “because people are dying and so are the animals.”

A block away at the sister school, MIT Academy, Principal Byron Laird took to the megaphone, shouting “Climate!” with around 500 kids responding “Change!”

“It is a very important day,” Laird said. “The issues spoken today are not to scare you, not to alarm you .. it’s to bring an awareness to this situation that we’re dealing with. What happens today with the environment and climate affects everyone.”

Laird handed the spotlight to Dan Feldman, a climate scientist at Lawrence Berkeley Laboratory at the University of California at Berkeley.

“I study climate change all day long and I’m here because I want to inspire the next generation of scientists,” Feldman said, telling the students that “we’re in the business of documenting” the rise of carbon dioxide “and you’re in the business of solving it.”

Feldman said carbon dioxide is “creating all sorts of change … some change is good, some change is not so good” like heat waves and wild fires.

Feldman said the younger generation has given him hope for a solution.

“I see the new generation coming together and we need to come together, not in the future, but right now,” Feldman said.

Oakes made a quick jaunt from Griffin to MIT in hopes of encouraging the teens to get involved.

“Whose world is it? Whose earth is it? It’s yours and it’s every other creature,” Oakes said. “Everything is connected. We’re all connected.”

Oakes noted that 195 countries participated in recent scientific studies. “That,” he said, “says climate change is real. We’re causing it.

“Can we make a change? Yes.”

Oakes encouraged the students to transition to a plant-based diet to reduce the use of land, water, energy and pollution.

It’s going to take “political will … so support candidates that support the Green New Deal,” Oakes said.

One student was on his own mission.

“Save the turtles,” he said.

Vallejo deep-water terminal and cement facility in limbo as city deadline passes

Repost from the Vallejo Times-Herald
[Editor –  Previous good news: Vallejo’s City Manager raised eyebrows about ORCEM’S deceptive paid advertising, and the CA Attorney General submitted a scathing 13-page letter.  Let’s hope Vallejo will DENY THIS PROPOSED CATASTROPHIC PROJECT!  For more critical perspective, see Fresh Air Vallejo.  For official project documents, see Vallejo’s City website.   – R.S.]

City leaders to meet; council to get progress update March 12

By John Glidden, March 1, 2019 at 6:40 pm

A controversial plan to open a modern deep-water terminal and cement facility next to the Mare Island Strait in South Vallejo appears to be at a standstill, again.

Vallejo Marine Terminal (VMT) missed Friday’s 5 p.m. deadline to provide City Hall with required information needed to complete the Final Environmental Impact Report (FEIR) for the VMT/Orcem California, LLC project proposed for development on the old General Mills plant site, Vallejo’s Assistant City Attorney Shannon Eckmeyer confirmed to the Times-Herald.

“We will not be releasing the project’s FEIR at this time,” Eckmeyer said by phone.

She further confirmed city staff would be meeting internally to determine the next steps. The Vallejo City Council will receive a progress report on the project’s status during the council’s March 12 meeting, Eckmeyer said.

Vallejo Mayor Bob Sampayan said he was disappointed in the lack of an official response from VMT.

“We can’t come to any kind of decision without their information,” he said by phone after the 5 p.m. deadline. “We’re in a difficult spot.”

Sampayan confirmed city leaders will be meeting next week to consider various legal issues with the lack of communication from VMT.

“We don’t want to incur any liability,” Sampayan explained.

Tired of waiting, Vallejo sent a notice on Monday that if VMT didn’t respond by 5 p.m., Friday, the city would deem VMT abandoned the project.

That letter requested multiple items including documentation showing William Gilmartin and Alan Varela have assumed all responsibilities of the business from the original VMT principal Blaise Fettig and former past project manager Matt Fettig.

Gilmartin was announced as VMT newest partner in November 2018, joining Varela, who has been a partner in VMT since 2016. Both men work for the Oakland-based ProVen, a general engineering contracting firm started by Varela.

The three-page letter also asked VMT to fund its portion of the Environmental Justice Analysis report, at about $22,778, and execute the fourth amendment to the reimbursement agreement required for consultants working on the FEIR to finish their work.

“For weeks, the city has requested that you either sign or produce an existing assignment and assumption agreement that identifies the real party in interest for purposes of processing the appeal and permits,” the city wrote. “As you might surmise, we wonder who is the applicant and real party in interest for purposes of indemnifying the city in the event the project’s decision results in a lawsuit against the city.”

One of the last official communications to the city from VMT came in January when VMT sent a single page letter stating that Varela, Gilmartin, and attorneys Krista Kim and Michael M.K. Sebree were authorized to speak for the business.

“VMT is concerned that there may be correspondence with VMT that we have not seen nor read and possibly future correspondence that we need to respond to,” Gilmartin wrote in the letter addressed to Vallejo City Manager Greg Nyhoff.

Attempts to reach Gilmartin, Varela, and Kim by press time on Friday were unsuccessful.

In a Feb. 12 email to VMT and Orcem representatives and their respective legal teams, Eckmeyer explained the city cannot separate the two businesses from the joint application and appeal.

“There still appears to be unclear communication between your clients, and the city has the obligation to treat the VMT/Orcem project as a joint application and joint appeal. We cannot separate the interests of Orcem and VMT and process separate requests,” she wrote. “As you are all aware, VMT is the landowner and Orcem is the tenant, and have up until this point, processed all entitlement requests items jointly.”

VMT has applied to open a modern deep-water terminal, while Orcem is seeking approval to operate a cement facility with both projects located on 31 acres at 790 and 800 Derr St.

The project has caused consternation with a segment of the Vallejo community, which argues the project will pollute the immediate area and harm local residents. Both VMT and Orcem deny those allegations, while also stating that the project will provide jobs and tax revenue for the city.

The Vallejo Planning Commission voted 6-1 in 2017 to reject the VMT/Orcem project, agreeing with City Hall that the project would have a negative effect on the neighborhood, that it would impact traffic around the area and the proposed project was inconsistent with the city’s waterfront development policy. The project also has a degrading visual appearance of the waterfront, City Hall said at the time.

City officials argued in 2017 that since a rejection was being recommended, a FEIR was not required.

Orcem and VMT appealed the Planning Commission decision, and in June 2017 when reviewing the appeal, a majority of the council directed City Hall to complete the impact report.

The project’s FEIR was expected to be released last year until leaders received a 13-page letter from Erin Ganahl, deputy attorney general for the State of California, writing that the project’s draft final environmental impact report (DFEIR), an Environmental Justice Analysis (EJA), and the Revised Air Analysis were misleading.

“The environmental documents for the project fail to provide adequate legal support for the city of Vallejo to approve the project,” Ganahl wrote on behalf of state Attorney General Xavier Becerra. “The DFEIR fails to adequately disclose, analyze, and mitigate the significant environmental impacts of the project; the EJA improperly concludes that the project would not disproportionately impact low-income communities of color, and thus misleads decision makers and the public by minimizing the projects significant environmental justice concerns.”


Recommended by Benicia Independent for its progressive, environmentally sound perspective:

CA Attorney General weighs in against ORCEM & Vallejo Marine Terminal

Repost from the Vallejo Times-Herald
[Editor – view the Attorney General’s 13-page letter.  Does this remind you of the CA Attorney General’s support in our 2013-2016 fight against Valero’s dirty and dangerous Crude By Rail proposal?  Hope this helps in Vallejo – keep up the resistance!  – R.S.]

DOJ sends letter, states reports on Orcem/VMT project are misleading

By JOHN GLIDDEN, November 12, 2018 at 5:41 pm
The site of the Vallejo Marine Terminal/Orcem Americas project proposed for South Vallejo is shown. (Times-Herald file photo)

The California Department of Justice has sent city officials a scathing letter arguing environmental documents prepared for the Orcem Americas and Vallejo Marine Terminal project are misleading and violate state law.

In the 13-page letter obtained by this newspaper, Erin Ganahl, deputy attorney general for the State of California, contends that a draft final environmental impact report (DFEIR),
an Environmental Justice Analysis (EJA), and Revised Air Analysis, contain flawed data which prevents the Vallejo City Council from making an informed decision about the controversial project proposed for development in South Vallejo.

“The environmental documents for the project fail to provide adequate legal support for the city of Vallejo to approve the project,” Ganahl wrote on behalf of state Attorney General Xavier Becerra. “The DFEIR fails to adequately disclose, analyze, and mitigate the significant environmental impacts of the project; the EJA improperly concludes that the project would not disproportionately impact low-income communities of color, and thus misleads decision makers and the public by minimizing the projects significant environmental justice concerns.”

Ganahl urges city leaders to either revise, or consider recirculating the DFEIR but she and the DOJ stop short of taking an official position on the project. The impact report is required under the California Environmental Quality Act (CEQA) which identifies significant environmental impacts of a proposed development and the ways the impacts can be mitigated.

VMT has applied to open a modern deep-water terminal, while Orcem is seeking approval to operate a cement facility with both projects located on 31 acres at 790 and 800 Derr St.

The project, if built, is expected to generate 552 truck trips per day, along with 200 rail car trips per week. According to the letter, 509 of the truck trips would travel through the nearby residential community. Four large vessels, and an average of 3.5 smaller vessels are expected to be unloaded each month. One of the more unsettling portions of the letter addresses the DFEIR’s revised Air Quality Analysis, which, according to Ganahl, suffers from significant analytical flaws. Ganahl cites a particular flaw with the amount of proposed diesel pollution expected to be generated from the engines of docked ships. “Based on these faulty assumptions, the Revised Air Analysis estimates an excess lifetime risk of 18 per million (unmitigated) or 9 per million (with mitigations),” she wrote. “But using the appropriate assumptions, the excess lifetime cancer risk from the project would be 627 per million, nearly 35 times the unmitigated risk and 70 times the mitigated risk disclosed in the revised analysis.”

Ganahl further argues that the Revised Air Analysis also underestimates the project’s toxic air contaminant emissions, which relies on flawed assumptions that the project will not result in any chromium, arsenic or cadmium emissions, “and will result in only minimal lead emissions.”

“In fact,” she writes “relying on appropriate assumptions reveals that the project will emit toxic air contaminants, including approximately 18 times the amount of lead disclosed in the revised analysis.”  Ganahl argues the analysis uses “inappropriate modeling techniques” that undercut the conclusions reached in the documents. She goes on to recommend that the analysis be revised using the proper assumptions.

“The likelihood that the project’s air impacts will be far greater than disclosed in the environmental review documents is troubling on its own,” she wrote. “And is more so given the surrounding communities’ already heavy pollution burden and high rates of pollution-related illness. These analytical flaws must be cured, and the data and analysis be made publicly available, before the project is considered for approval.

“It is essential that the public and decision makers be made aware of the project’s true impacts, and that those impacts be mitigated to less-than-significant levels, if the project is to move forward,” she added.

Ganahl bashes the DFEIR for failing to consider the significant impact if coal and/or petcoke were transported through the terminal. “The DFEIR states that the terminal would not handle coal or any other petroleum- based products,” Ganahl said. “But, the DFEIR does not point to any enforceable condition that would prevent the handling or transport of coal through the terminal or guarantee that no coal could be transported through the terminal.”

“Transportation of coal can have serious and far reaching environmental and human health impacts,” she added.

The letter also contends the documents fail to take into account the area’s current environmental condition, which includes “the high number of contaminated sites, leaking underground storage tanks, and contributors to air pollutants such as nearby refineries and freeways.”

The letter notes the California Environmental Protection Agency, through use of a special tool, can rank every census tract in the state based off of socioeconomic, environmental, and health information. Those numbers suggest that the area in South Vallejo ranks high for the number of sites contaminated with harmful chemicals, and impaired water bodies.

“The communities have an extraordinary high rate of asthma (99th percentile) and cardiovascular disease (96th percentile), both conditions that are caused and exacerbated by air pollution,” Ganahl wrote. “Babies born from this area are more likely than 83 percent of babies in the state to be born with a low birth weight.”

Ganahl takes aim in her letter at the Environmental Justice Analysis (EJA) prepared for the project.

The EJA reviews how a certain project might have a disproportional impact on minority and low-income communities living near a proposed site.

Calling it “misleading,” and “illogical” she explains that the analysis compares impacted areas to that of Vallejo’s general population — instead of comparing the areas to Solano County, the state, or a comparable area. “Using Vallejo as the point of comparison skews the significance of the proposition of low-income and minority households in the impact areas because Vallejo itself has significantly greater minority and low-income populations than Solano County, the State of California and the United States,” she wrote.

A data table taken from the analysis shows that the two impacted areas have a minority population of 76.8 percent and 75.7 percent, respectively. The city has a similar minority population of 75.4 percent the same report states.

“Comparing the impact areas to the city’s populations, the EJA concludes that the impact areas do not have a significantly greater minority population than Vallejo, and thus there is not a minority population that could suffer a disproportionate impact from the project,” she wrote. “Where a project’s impact area plainly has a high proportion of minority residents — in this case roughly 76 percent minority — it strains logic to state that there is not a minority community that will be disproportionately impacted.”

Many in the local community have expressed concern that the project will harm the surrounding neighborhoods and city. Peter Brooks, president of Fresh Air Vallejo, a group opposed to the project, said he wasn’t surprised by the contents of the DOJ letter.

“Today, the Department of Justice confirmed what we’ve been saying for three years, that Orcem/VMT’s pollution and traffic would be an injustice to our community,” he wrote in an email to the Times-Herald. “It was never a good idea to propose a cement factory so close to homes and an elementary school.”

Meanwhile, Sue Vacarro, on behalf of Orcem, inquired about the timing of the DOJ letter.

“We are surprised at the timing of the AG office’s comments, referencing a nearly 2-year-old document, rather than wait another 2-weeks to see the Final EIR, but after reviewing the AG’s comments we believe they will all be thoroughly addressed when the FEIR is published later this month,” she wrote in an email to the Times-Herald.

“Orcem and VMT’s goal from the beginning has been to provide a state of the art facility that minimizes the environmental and community impacts while providing our sustainable building materials, terminal services and living wage jobs to Vallejo,” she added. “Our understanding today is that after exhaustive analyses, the City’s environmental consultants and the regulatory agency for air quality in the Bay Area, arguably the toughest in the world, agree we have done so.”

The path to a council vote regarding the project has been lengthy. The Vallejo Planning Commission voted 6-1 in the first half of 2017 to reject the VMT/Orcem project, agreeing with City Hall that the project would have a negative effect on the neighborhood, that it would impact traffic around the area and the proposed project was inconsistent with the city’s waterfront development policy. The project also has a degrading visual appearance of the waterfront, City Hall argued.

City Hall originally completed the DFEIR — stating that a final impact report wasn’t necessary since it was recommending denial of the project.

Orcem and VMT appealed the Planning Commission decision, and during the June 2017 City Council hearing four of the council members — Jess Malgapo, Rozzana Verder-Aliga, Hermie Suna, and Pippin Dew-Costa — directed City Hall to complete the impact report before ruling on the appeal. The city, along with third-party consultants are finishing up the impact report. It’s expected to be released this month with the City Council deciding on the appeal in January.