RICHMOND
Dustup over missing link of Bay Trail

Chevron refuses access over its refinery land, citing security risk

http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/04/02/BAG04OVSEF1.DTL

Chuck Squatriglia, Chronicle Staff Writer

Monday, April 2, 2007

Richmond officials want the state to end Chevron's lease on a wharf that extends 3,440 feet from Point Richmond into the bay unless the refinery makes room for the San Francisco Bay Trail.

The latest push to close a three-quarter-mile gap in the trail at the east end of the Richmond-San Rafael Bridge draws the State Lands Commission into a dispute that began in 2001.

Trail advocates want Chevron to let the path traverse its refinery, finally linking Point Richmond and Point Molate. The company has refused, citing security reasons.

Frustrated, the City Council has unanimously urged the State Lands Commission to intervene.

A renewal of Chevron's lease on the subtidal land beneath Long Wharf, which carries 10 million gallons of crude oil into the refinery each day, is pending before the commission. The city wants the lease to require that Chevron accommodate the Bay Trail and pay for its construction.

If that doesn't work, one City Council member said he will suggest that the city seize the land.

"Taking the land by eminent domain is a next step that I would be willing to look at," said Councilman Tom Butt. He said he also would lobby state Senate President Pro Tem Don Perata, D-Oakland, to introduce legislation creating a right-of-way for the trail. "It could get a whole lot worse for Chevron."

Chevron insists that it is eager to help close the gap in the trail and said using land that Caltrans owns north of Interstate 580 is a better option.

"We support the community's effort," said spokeswoman Camille Priselac. "That's why we want to work to improve the existing access on the north side of the highway."

More than 260 miles of trail have been laid since 1987 when the Legislature authorized the creation of a 400-mile trail circling San Francisco and San Pablo bays. The trail already meanders 24 miles through Richmond; an additional 17 miles are in the works.

Advocates argue that a trail through Chevron's refinery is the only way to link Point Richmond and Point Molate, which are separated by I-580 and the Richmond-San Rafael Bridge.

A bike path allows cyclists to ride from Castro Street to Western Drive on the south side of I-580 but requires riding on the highway. A cyclist was killed and another seriously injured when a motorist hit them in September.

The Bay Trail ends at Tewksbury Avenue in Point Richmond and picks up again just south of the bridge toll plaza. Closing the 4,000-foot gap has long been a goal of the city, Contra Costa County, the Metropolitan Transportation Commission and other agencies, groups and individuals.

"It's a very high priority," said Laura Thompson, Bay Trail project manager. "We've been trying to find a solution to it since (2001)." That's when an engineering firm retained by the city and Chevron ruled that the best way to close the gap was to build along the south side of I-580.

Trail advocates felt they'd reached a consensus among the city, the refinery, the East Bay Regional Park District and other parties -- a point reflected in an addendum to the engineering firm's report on the matter. The report states Chevron's security concerns could be addressed easily.

But Chevron insists there was no agreement on how to proceed, and the report notes the refinery's call to explore other options.

Chevron officials say the engineering firm's analysis was done before 9/11 and the company can no longer endorse a trail that would pass within 50 feet of pipelines and pumping stations. The Bay Trail crosses portions of two other East Bay refineries, ConocoPhilips in Rodeo and Shell in Martinez. Chevron's Priselac said the trail was built along existing roadways in those cases, minimizing the threat to security.

"The security issue (raised by Chevron) doesn't make any sense," said Bruce Beyaert, chairman of the Trails for Richmond Action Committee. Beyaert, a Chevron employee for 33 years until retiring in 1992, and others believe a fenced trail would improve security. It would be closed at sundown, and Chevron could install video cameras.

With no compromise on the horizon, the Richmond City Council joined a growing number of East Bay politicians, governmental agencies, bicycling advocates and others calling on the Lands Commission to intervene. Since 1947, Chevron has leased from the state 68 acres of subtidal land beneath Long Wharf. A 30-year lease renewal is pending, although the state commission has not set a date for considering the matter.

Trail advocates want the lease to require Chevron to set aside land for the trail and finance its construction.

But Mark Meier, general counsel for the commission, said the agency has no authority to impose such a requirement. The wharf is not an impediment to construction of the trail, he said, so the state cannot require Chevron to accommodate it.

Richmond officials disagree.

"We're talking about a business deal between the state and Chevron, and in a business deal, anything's open for negotiation," said Butt, who introduced the resolution the council approved on March 20. "To hear them say it's none of their business just doesn't wash."

Online resources

For more information about the Bay Trail, its path in Richmond, the city's resolution to the State Lands Commission, and the commission, go to:

links.sfgate.com/ZBB

links.sfgate.com/ZBC

links.sfgate.com/ZBD

links.sfgate.com/ZBE

E-mail Chuck Squatriglia at csquatriglia@sfchronicle.com.