Source: Times Herald (CA) - We would like to thank Amports for stepping up and taking care of the damage to our Historic Military Cemetery that was caused by its tenant, CC Myers' removal of erosion controls and altering the flow of water in the former Pine Lake. Thank you, Amports.  However, there are problems that still exist that must be immediately addressed by the city. The following is self explanatory: In a letter dated Sept. 14, 2007, from the city of Benicia to CC Myers, it "was ordered to install all erosion controls shown on your plans, no later than Oct. 15, 2007. As the rainy season approaches, you are hereby notified to have your contractors install the necessary erosion control measures to control the drainage and erosion from your project." Additional handwritten notes on this letter indicate the city had sent Amports letters regarding this issue in 2004 and 2005, and that letters also went to CC Myers in 2005, 2006, and 2007. The letter also states, in regard to installation of the erosion controls that "failure to do so may result in the city placing a hold on any further construction and billing you (CC Myers) for any corrective measures the city is required to install to protect adjacent public or private property."

It is quite plain, from this and other correspondence, that the city of Benicia, Amports and CC Myers were all well aware of the potential problems that lay ahead. What was needed was for CC Myers to install and service the erosion controls and for the city to inspect same for operability and compliance with the requirements of chapter 15.28 of Benicia's Municipal Code.  There is another problem, too. Amports is now trying to keep the public from seeing what CC Myers is doing on the aforesaid Pine Lake site. Amports has fenced off the area leading to the dam at Pine Lake, which allowed oversight by the general public of CC Myers conformance with the applicable rules. But, unfortunately for the company, the Benicia Public Watchdogs see all. We made our way to Pine Lake by a secret path, and found that CC Myers has yet to replace the erosion controls as ordered by the city. Were they going to take a chance that we wouldn't have any more significant rain, which could again flood the cemetery?

Did the city really think the Benicia Public Watchdogs were not going to check to see if CC Myers would do what is required of them? And why, may I ask, doesn't CC Myers return phone calls concerning the Pine Lake problem from our city officials? Or were they counting on the city again failing to inspect the erosion controls? We will stay on top of this problem and let you know the result. We sincerely hope to be able to report a positive outcome.  The next Benicia Public Watchdog project will be to see that Valero Oil Company takes responsibility for repairing the access road to our Historic Military Cemetery. There is danger that the water supply to the cemetery may be cut off due to breaking of the water main, because of the poor condition of the road at the turn into the cemetery. Valero has already tried to pass this off as the city's problem - it is not. The Valero easement passes directly under Valero's crude oil pipeline. Stay tuned ...