Category Archives: Local Regulation

How Benicia Valero Crude By Rail was defeated

Reflections by Roger Straw, Benicia CA, November 18, 2016

We Won!  3 (or 10 or 12, or 40?) factors…

What happened in Benicia was amazing. It’s well worth our time as community activists and organizers to reflect a bit on how David went up against Goliath and won.  (Continued…)

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FAIRFIELD DAILY REPUBLIC: Top 10 Stories of 2016: Benicia derails Valero’s oil-transport plan

Repost from the Fairfield Daily Republic

Top 10 Stories of 2016: Benicia derails Valero’s oil-transport plan

By Daily Republic staff From page A1 | January 01, 2017
Tank cars sit on the railroad tracks, near Cordelia Road and Chadbourne Road on January 1, 2016. (Robinson Kuntz/Daily Republic file)
Tank cars sit on the railroad tracks, near Cordelia Road and Chadbourne Road on January 1, 2016. (Robinson Kuntz/Daily Republic file)

BENICIA — City Hall reverberated from the cheers when the City Council in September voted unanimously to turn down a Valero plan that would have allowed up to 70,000 barrels of crude oil to be shipped by rail to its refinery.

It is a topic that also made the Daily Republic’s top stories list in 2015.

Valero receives its crude oil by ship, and wanted to employ the less expensive rail option.

What ultimately became a simple land-use decision for the council, turned Benicia into one of the latest battlegrounds on the environmental and urban safety debate over transporting crude oil by rail.

Proponents noted the advances in railcar safety and emergency service preparedness, while opponents pointed to all the disasters – many deadly – that have occurred, some during the local debate.

Valero had applied for a permit to add additional rail, pipeline and to make other changes to its off-loading capabilities at the refinery, a request denied by the city Planning Commission in February. A series of public hearings were held before the City Council, but a decision was delayed while Valero took its case to the federal Surface Transportation Board, arguing the city lacked authority to make the decision.

The agency, just hours prior to the council’s decision, ruled that the city was not addressing a transportation issue, which would have triggered the long-held rail pre-emption laws, but rather was addressing the permit application only.

Valero, which represents about 25 percent of all local city tax revenue, has not indicated what its next move might be.

The Valero oil refinery operates, Friday, Sept. 25, 2015, in Benicia.(Daily Republic file)

 

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VALLEJO TIMES-HERALD: Top stories of 2016

Repost from the Vallejo Times-Herald
[Editor: Many thanks to Chris Riley for the great graphic image, and to the Vallejo Times-Herald news team for including Valero’s failed oil train proposal in their list of the year’s most significant events. Stopping “Crude by Rail” was actually much more than a big local story – Benicia was in the crosshairs of a US-Canada controversy over the dangerous transport of dirty North American crude oil. This story made national news.  Oh, and … it could easily have been ranked 1st in the Times-Herald’s list.  – RS]

Candidates, crimes and controversy top local 2016 events

By Richard Freedman, 12/30/16, 7:13 PM PST
CHRIS RILEY — times-herald graphic

A new mayor for the city and a new building for the newspaper. An end to one controversy — Valero’s proposed crude oil rail — and continued discussion of another — Vallejo’s proposed Orcem cement facility.

And a rare election year when two major candidates included Vallejo on their campaign stops.

Inevitably, sad stories surface with the death of a beloved officer and a teen still missing.

What will 2017 bring? Nobody knows. But an eventful 2016 created the following Times-Herald Top 10 news stories.

1. Election brings new mayor, council.

One political era ended and a new one began this November as Vallejo voters elected Councilman Bob Sampayan to serve as the city’s new mayor.

First elected to the Vallejo City Council in 2011, Sampayan replaces the termed-out Osby Davis, who has served as mayor since 2007.

Sampayan cruised to an easy victory during the election receiving about 40 percent of the vote. Planning Commissioner Landis Graden placed second with 31.85 percent, followed by former Vallejo school board trustee Bill Pendergast, who earned about 27.30 percent.

Three familiar faces will be returning to the city council. Councilman Robert McConnell was the top council candidate, as he picked up about 16.42 percent approval from local residents, while Councilwoman Rozzana Verder-Aliga checked in with 1,100 votes behind McConnell, good for second place. Hermie Sunga earned a third term on the city council after picking up 12,824 votes. Sunga served on the city council from 2005 to 2013.

2. Orcem debate rages on all year.

A controversial plan to open a modern deep-water terminal and cement facility in south Vallejo — at the former Sperry Flour Mill site — continued to capture the attention of residents in 2016.

Vallejo Marine Terminal is proposing to re-establish industrial uses on the site through the removal of a deteriorated timber wharf and construction of a modern deep-water terminal, while Orcem Americas seeks to open an industrial facility producing cement.

Orcem would import most of the raw materials it uses via ships docking at the proposed VMT wharf, a 39-acre site at 790 and 800 Derr Avenue, in southwest Vallejo, on the Mare Island Strait.

The year began with a special Vallejo City Council meeting to investigate claims that the Mare Island Straits Economic Development Committee (MISEDC) violated the state’s open meeting law.

The committee — put together by Councilman Jess Malgapo in April 2014 — came under fire from local residents, who have called it a “shadow government.”

MISEDC was comprised of members of private and public economic groups, representatives of state and local elected office, including three Vallejo City Council members: Malgapo, Pippin Dew-Costa, and Rozzana Verder-Aliga.

VMT and Orcem representatives were also on the committee, drawing the ire of some residents who felt the two businesses were gaining unfettered access to council members who will eventually decide the project’s fate,

The council reached a consensus during that meeting that each council member submit his/her recommendations on what to do going forward.

In March, the city’s Architectural Heritage and Landmarks Commission designated six buildings and structures at the location as city landmarks.

While in July, a group of residents, opposed to the VMT/Orcem project, expressed concerns that trash was accumulating at the site. VMT representatives noted that they had changed security coverage at the site from 24 hours to “roaming.”

Many were shocked in September when Andrea Ouse, the city’s community & economic development director, revealed that the city had taken a preliminary position to reject the project.

“The project does not provide enough benefits to mitigate the impact toward the neighborhood,” she said in September.

3. After “Gone Girl” case of previous year, Vallejo teen Pearl Pinson is taken, and still missing.

A year after the bizarre “Gone Girl” kidnapping case captured the nation’s attention, an abduction of a Jesse Bethel High School student once again thrust Vallejo into the spotlight.

On the morning of May 25, 2016, Pearl Pinson, 15, was walking to school when she came into contact with 19-year-old Fernando Castro of Vallejo.

Pinson was last seen at 7 a.m. that day being pulled by Castro in the area of Interstate 780 pedestrian overpass that leads from Home Acres to Taylor Avenue.

She was seen bleeding from the face and yelling for help. When a witness ran to get help, a shot was heard.

Responders found blood and a cellphone on the ground nearby, explained Solano County Sheriff’s Office’s Christine Castillo after the incident. Upon review of the phone, detectives were able to identify Pinson as the victim.

Castro was spotted the next day driving in Los Alamos after an Amber Alert was issued using his vehicle’s description, the sheriff’s department said.

Santa Barbara Sheriff’s deputies chased Castro into a trailer at Rancho Santa Ynez Mobile Estates in Solvang. He then fired multiple shots at deputies, but was killed after fleeing in a pickup truck.

Pinson was not with Castro when he died and remains missing seven months later.

Since then, the pedestrian overpass where Pearl was last seen has been transformed into staging point for further searches with support from the Pinson family.

4. Valero’s crude by rail plan is a no-go in Benicia.

The city of Benicia made large waves in the oil and gas industry in September after unanimously voting to reject the Valero Crude Oil by Rail Project.

The city’s Planning Commission began considering the issue in December of 2012 when the refinery applied for permission to build infrastructure that would bring two 50-car trains a day carrying up to 70,000 barrels of North American crude oil into Benicia.

Benicia’s five-person city council deliberated for four years over Valero’s application for a conditional use permit for a crude oil off-loading facility.

During the process, questions of whether or not Benicia City Council even had jurisdiction over the matter was brought forth, with project proponents claiming the federal government was responsible for regulating rail decisions.

It was ultimately decided by the Surface Transportation Board that the city was within its rights to determine the future of the project in Benicia.

Mayor Elizabeth Patterson and the rest of the council finally reached the decision Sept. 20 to deny Valero’s application.

After numerous postponements, appeals, public comment and environmental reports, it was determined that concerns over health, safety and the project’s effect on local waterways and the environment were too great for Benicia residents.

There was also a discussion that the rejection of the project would lead to expensive litigation as Valero was expected to file a follow-up lawsuit against the city.

Valero attorney John Flynn III sent a letter Oct. 3 threatening legal action after accusing the city of violating multiple laws. However, this issue was ultimately squashed as the San Antonio-based energy cooperation announced in December that it would not to sue the city.

5. Gus Vegas killed, young child survives.

Vallejo’s law enforcement family took a substantial blow earlier this year after a 15-year veteran was shot and killed during a domestic dispute.

Richmond police officer Augustine “Gus” Vegas, 58, was at his Vallejo home in Glen Cove when an argument broke out with Robert Vega, 30, who was in a dating relationship with his daughter.

Vega had taken custody of a 6-year-old child without agreement from the Vegas family, prompting the fatal confrontation.

Vega fled with his child following the shooting, but was taken into custody that same day by Fairfield police.

Vega’s young son was unharmed and was returned to his mother.

Actively involved in the fostering process, Vegas and his wife, Sandra, started the nonprofit organization Foster Greatness to provide for children in foster care.

Following the death of her husband, Sandra has continued to work in the community by acting as a resource for children who need help through difficult home situations.

A memorial service was held at the Richmond Memorial Auditorium a few days after Vegas’ death, drawing widespread support from fellow officers and members of the public who were familiar with Vegas’ work in the community outside of law enforcement.

Vega has since entered a plea of not guilty by way of insanity. He is scheduled to appear in court May 3 for a jury trial.

If convicted of all charges, Vega faces a maximum sentence of 50 years to life.

6. Sanders, Clinton each visit Vallejo in heat of historic presidential campaign.

Presidential nominee Hillary Clinton and Democratic candidate Bernie Sanders made campaign stops in Vallejo.

Sanders and his “A Future to Believe in Vallejo Rally” arrived on May 18 with an estimated 10,000 supporters crowding the waterfront.

“Any time we have the opportunity to have people visit and experience Vallejo, it is a positive,” said Mayor Osby Davis.

What wasn’t positive was the unpaid bill the Sanders campaign left for the city.

Sanders later gave a speech at Solano Community College in Fairfield to a much smaller audience.

Clinton chose to make her May 7 appearance at the Good Day Cafe with around 20 city leaders.

Vallejo resident Yolanda Jackson said a “good conversation” took place.

Jackson, who serves as executive director and general counsel for the Bar Association of San Francisco, facilitated Clinton’s visit to Vallejo.

“She really felt comfortable here in Vallejo,” Jackson said. “It was really positive.”

Clinton and the assembled leaders discussed criminal justice reform, education, community building and health care, Jackson said.

Others invited to the dialogue included Vice Mayor Rozzanna Verder-Aliga, and Danté Quick, pastor at Friendship Missionary Baptist Church (in Vallejo), and president of Community Democratic Club, Vallejo Police Chief Andrew Bidou, and Vallejo school superintendent Ramona Bishop.

David Crumrine, president of United Democrats of Southern Solano County club, Brenda Crawford, president of the Stonewall Democratic Club of Solano County, GVRD board director Wendell Quigley also sat in on the discussion.

7. Vallejo High placed on accreditation sanctions. Bishop claims “active sabotage.”

The school experienced several setbacks in 2016, most notably the Accrediting Commission for Schools, Western Association of Schools and Colleges placed VHS on accreditation sanctions because the institution “deviates significantly” in one or more areas from established standards.

The commission — the agency that accredits schools from kindergarten through college — released a report stemming from a recent visit to the school, which emphasized safety, student tardiness, and an unkempt campus as major issues.

In response to the report, Vallejo City Unified School District Superintendent Ramona Bishop alleged during a May board meeting that the high school staff and teachers engaged in “active sabotage” of the school’s accreditation process.

“We will be taking on the issue of unprofessional conduct at Vallejo High School,” she said to the board, during that May meeting. “One of the things that occurred was the active sabotage and active unprofessionalism, in some cases. We cannot continue to have that.”

After three months, nearly 40 interviews conducted, and $75,000 of public monies spent, an investigator in October concluded that she could not confirm that Vallejo High School teachers and staff sabotaged the report.

8. St. Pat’s Bruins win state football title.

The St. Patrick-St. Vincent High football team had the ultimate Cinderella season in 2016 as the Bruins went from having a 2-8 record in 2015 to winning the first state championship in Solano County history.

The Bruins season was book-ended by long winning streaks, as they won their first six games of the year, and after losing three straight to league opponents, won seven straight games. The final win was a 29-28 victory over Strathmore High in the 6-A CIF State Championship Bowl at Spartan Stadium in Tulare County.

The win came in the final seconds as St. Pat’s junior Gabriel Fuentes knocked in a 19-yard field goal to give the Bruins the lead. It was their only lead of the game and it held up.

“My mind was racing,” Fuentes told Times-Herald sports editor Matt O’Donnell after the Dec. 17 game. “I told myself I needed to make this. I knew everyone was counting on me. It’s a once in a lifetime opportunity and I got a chance to make it a great one.”

The Bruins, who also defeated St. Francis, Stellar Prep, Berean Christian, Fort Bragg and Brookside Christian in the postseason, were led by many players, including Tri-County Athletic League Rock Division Offensive Player of the Year, quarterback Mike Pappas. Times-Herald all-area defensive players of the year, Devin Devlin and Marquel Johnson, were also stars for the Bruins, along with Marshel Martin, Drew Gillmore, Akil Edwards and Kailon Johnson-Loud to name a few.

9. Times-Herald moves to what the city hopes is a revitalized downtown.

For only the fourth time in nearly 100 years, the Times-Herald had a change of address, moving from its longtime home on Curtola Parkway to new digs on Virginia Street in downtown Vallejo.

In 1919, Luther Gibson, Kenneth Knight, Leonid Laing and Jerry Motzko, started The Mare Island Employee newspaper in the south Vallejo garage of local businessman Harry Dubnoff at 5th and Lemon streets, but moved the following year to the more centrally located 511 Marin St.

The paper moved to Maryland Street, which later became Curtola Parkway, where it stood until this year, when it moved to 420 Virginia St., into what had been The Dream Center.

Publisher Jim Gleim said there were pragmatic considerations, including consolidating real estate and operations among several regional papers, but, he also said he sees the move as positive.

“This is a wonderful move for the company, staff and the community,” he said. “The single largest request from staff when we began discussing the move — windows. Anyone who has visited us in our (Curtola Parkway) location knows that the only view of the day outside is through the glass of our front door.”

10. Net series shoots downtown across the street, bringing attention, jobs.

In April, a new Selena Gomez-produced Netflix series began filming in Vallejo, using several structures here as backdrop to the story of a girl who commits suicide and then sends accusatory messages to the 13 people she blames for her decision.

The old City Lights building on Virginia Street downtown, where the local power company once resided, was made into a coffee shop where much of the show takes place. A Georgia Street building was transformed into a theater lobby for the project, which also used a site on Mare Island and one in the Santa Rosa area.

“Thirteen Reasons Why,” based on a young-adult novel by Jay Asher, also used many locals as background characters like high school students, parents and coffee shop patrons.

The company’s scouts told local businessman Buck Kamphausen, who owns the Virginia Street building, that they chose Vallejo because they liked the downtown old-town look.

RUNNERS-UP:

• Faraday proposed for Vallejo
• Bethel’s C.J. Anderson part of Super Bowl champ Broncos
• Drama continues in Vallejo school district.
• Firefighter lawsuit
• Drought continues as cities continue to take action
• Water rate increase in Vallejo shot down by irate customers

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