Category Archives: Benicia Planning Commission

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 Planning Commission, Crude By Rail, Local Regulation, Valero Benicia Refinery, Valero Crude By Rail

SACRAMENTO BEE: Benicia commission rejects crude oil trains

Repost from the Sacramento Bee

Benicia commission rejects crude oil trains

By Tony Bizjak, February 11, 2016 11:59 PM
A tanker truck is filled from railway cars containing crude oil at McClellan Park in 2014.
A tanker truck is filled from railway cars containing crude oil at McClellan Park in 2014. Randall Benton rbenton@sacbee.com

The Benicia city planning commission, voting unanimously, dealt a dramatic setback Thursday to an oil company’s plans to ship crude oil via train through Northern California, including downtown Sacramento, to its local refinery.

After four successive nights of hearings, commissioners rejected Valero Refining Co.’s request to build a rail loading station so it could import oil on two 50-car trains daily, despite a city staff recommendation for approval.

Several commissioners said they were highly uncomfortable with the plan, based on an analysis that says the trains pose a significant unavoidable health hazard to humans and other environmental risks along the route to the Benicia refinery.

City officials said they expect Valero, the largest employer in town, to appeal the commission’s decision to the Benicia City Council. A Valero spokesman said his company is disappointed and will sit down to discuss next steps.

“Most disappointing was the commissioners disregard for the opinions of a multitude of environmental and legal experts who spent over three years to evaluate this project,” said Valero spokesman Chris Howe.

Valero officials have been pushing for the project for years, saying train shipments will allow them to stay competitive by accessing crude from North American crude oil fields. The refinery currently gets most of its oil via marine shipments, and some by pipeline.

The decision, if upheld by the City Council, would represent a major victory for up-rail cities, and represents a significant setback nationally for the burgeoning but controversial practice of shipping large amounts of crude oil, sometimes on mile-long trains.

Hundreds of individuals, organizations and local government leaders weighed in on the project over the past two years, many opposed to the project. Others argued the fears of environmental damage and human injury from potential mishaps are overblown.

Benicia city staff officials, in their environmental analysis, argued that federal laws on interstate commerce pre-empt any locally imposed safety regulations that would affect the train shipments, essentially prohibiting Benicia from responding in any way to concerns of cities along the rail lines.

Planning commissioners rejected that notion. “That doesn’t make sense from a human point of view,” commission chair Donald Dean said.

After listening to more than 70 members of the public testify on the issue over four nights, the six voting members of the commission unanimously declined to approve the city’s formal environmental impact report on the project, calling it inadequate on numerous points. They also declined to give their OK for a project permit.

Several said they feel they need to look out for up-rail cities, such as Sacramento and Davis. “I don’t want to be the planning commissioner in the one city that said screw you to up-rail cities,” said Susan Cohen Grossman.

“I don’t want to be complicit with what has become a social nightmare across the country,” George Oakes said, referring to oil trains, several of which have crashed and exploded. “What we are talking about here is some additional profit for a couple of companies.”

Benicia Planning Commission, Crude By Rail, Valero Benicia Refinery, Valero Crude By Rail

YET ANOTHER Planning Commission meeting – what to expect on Thursday

By Roger Straw, February 11, 2016

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.”

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: