Benicia City Council to vote whether to reconsider vote on ISO
For July 17 City Council agenda considering a rehearing of Mayor Patterson’s request for discussion on adopting an ISO, go to the City Website(Item 14.C, pages 7-8) or see below.
From the BENICIA CITY COUNCIL AGENDA July 17, 2018
14.C – REQUEST FOR REHEARING OF COUNCIL DECISION RELATED TO SECOND STEP OF MAYOR PATTERSON’S 2-STEP PROCESS REQUEST TO DISCUSS ADOPTING AN INDUSTRIAL SAFETY ORDINANCE
On June 19, 2018, the City Council discussed Mayor Patterson’s “two-step request” to direct staff to prepare an Industrial Safety Ordinance (ISO). The Council voted to delay action related to an ISO until November 2018 in order to provide time for Valero to install air monitoring equipment. On June 28, 2018, the City Clerk received a request for rehearing of the City Council’s vote as permitted under Benicia Municipal Code section 1.44.050. Only the decision of whether or not to rehear the matter is brought forward for Council determination tonight. If Council decides to rehear the matter, that action will be scheduled for a future meeting.
Discuss the application submitted for rehearing of the decision and vote conducted by the City Council on June 19, 2018, in conjunction with Mayor Patterson’s two-step request for consideration of an Industrial Safety Ordinance.
Mayor requests rehearing of Industrial Safety Ordinance vote
By Nick Sestanovich, July 13, 2018
At its June 19 meeting, the Benicia City Council voted 3-2 to not take any further action on Mayor Elizabeth Patterson’s request for an Industrial Safety Ordinance (ISO) in Benicia until November. Now Patterson is requesting a rehearing on the item, which is on the agenda for Tuesday’s council meeting.
Following a flaring incident and shutdown at the Valero Benicia Refinery in May 2017, Patterson submitted a two-step request which asked the council to consider adopting an ISO in line with Contra Costa County’s ordinance requires refineries to submit safety plans, undergo safety audits and develop risk management plans while incorporating community input. The council voted 4-1 to adopt the first step of this request, but the second step did not appear on a council agenda for another 13 months. Four weeks ago, the council narrowly voted to not adopt an ISO just yet and to direct Valero to fix gaps in communication. Of the three councilmembers who voted down the ISO, two— Tom Campbell and Alan Schwartzman— said they would change their votes if air quality monitors were not installed by November.
However, the issue will be returning to the council even sooner. On June 28, Patterson submitted an application to rehear the item on four grounds: that she felt staff had not adequately prepared the council for the hearing, past settlement agreements and obligations regarding air quality monitoring had not been addressed, new evidence discussing the necessity of fenceline and community monitoring which are not addressed by the planned Bay Area Air Quality Mangement District monitors and the decision to wait for BAAQMD monitors to be installed was “vague and uncertain” and “does not present a viable plan,” Patterson wrote.
For the first reason, Patterson wrote that staff had not done anything substantive in between the discussion of the two steps and that the staff report prepared for the June 19 meeting lacked key information.
“The Staff Report contained almost no meaningful information concerning what actions or costs would be necessary to actually move toward the adoption of an Industrial Safety Ordinance,” she wrote. “Although a thorough draft of the Industrial Safety Ordinance prepared by members of the community was included in the packet, the staff had not reviewed it and was unprepared to comment even preliminarily.”
For the second item, Patterson said the staff report did not mention the past settlements with Valero in 2003, 2008 and 2010 which required fenceline and community monitors, neither of which were installed.
“The City Council should have been advised and taken into consideration Valero’s failure to comply with these agreements as well as its non- compliance with the conditions of approval in rendering its decision, but the Staff Report failed to address these points at all,” Patterson wrote.
For the third item, Patterson said she attended an Airwatch Bay Area conference four days after the council meeting, which noted that BAAQMD’s proposed fenceline monitors were only 1 percent effective at detecting hazardous waste materials.
“Rehearing on the request to direct staff with certain criteria stated earlier to have the draft Industrial Safety Ordinance reviewed should be allowed so that new expert and non-expert evidence can be presented on this important subject,” she wrote. “The BAAQMD monitoring program will not be sufficient in quality…or location to fully protect the community. Time is of the essence.”
Finally, Patterson felt the decision to delay was not specific enough and that waiting presented a potential danger.
“With each additional day that passes, the community faces the risk of another power outage, which Valero has acknowledged it is unprepared for,” she wrote. “The delay in taking any action just puts the community in greater jeopardy of such releases without taking any action to eliminate or mitigate such risks.”
Staff responded to the first two reasons in a report prepared by City Attorney Heather McLaughlin. Regarding the first reason, McLaughlin wrote that as part of the two-step process, staff support for individual requests from individual councilmembers is limited to 15 minutes of staff time and that researching, writing reports and compiling materials would not take longer than 15 minutes unless approved by a majority of the council.
“Staff had collected some background information and provided it with the report to support the Council’s discussion but no analysis or other in-depth work had occurred,” McLaughlin wrote. “Staff had adequately prepared Council for the hearing based on the type of hearing that was scheduled to occur.”
This reasoning was also the basis for the short response to Patterson’s statement that past settlement agreements were not mentioned in the staff report. Staff did not respond to the third or fourth statements.
The council will vote on whether or not to schedule a rehearing on its June 19 vote, which would be slated for a later meeting if approved.
In other matters, the council will vote to approve a resolution placing a tax on port-related activities on the ballot for the general election and confirm Thomas Stanton as Benicia’s seventh poet laureate.
The council will meet at 5:30 p.m. Tuesday, July 17 in a closed session to discuss legal matters. The regular meeting will start at 7 in the Council Chambers at City Hall, located at 250 East L St. A live stream of the council meeting can also be found online at ci.benicia.ca.us/agendas.
Video taken from the City of Benicia, edited and reposted by Constance Beutel on YouTube [Editor: Scroll down for 5 videos on various portions of the Benicia City Council’s June 19, 2018 review of industrial safety. Council took over 5½ hours that night – here’s a shorter way to stay informed on the ISO decision. – RS]
1. Presentation to support Benicia Industrial Safety Ordinance Review City of Benicia video, excerpt by Constance Beutel (32 min.)
On June 19, 2018 the Mayor and a Citizen Group presented a draft Industrial Safety Ordinance to Benicia City Council to recommend that they refer the ordinance to City Staff for expert review and comments. This video captures the presentation and rationale.
2. Citizen testimony to support Benicia Industrial Ordinance City of Benicia video, excerpt by Constance Beutel (37 min.)
On June 19, 2018 the Mayor and a Citizen Group presented a draft Industrial Safety Ordinance to Benicia City Council to recommend that they refer the ordinance to City Staff for expert review and comments. Citizens who spoke in favor of the review of this ordinance are shown in this video.
3. Valero Opposition to a Benicia Industrial Safety Ordinance City of Benicia video, excerpt by Constance Beutel (9½ min.)
On June 19, 2018 the Benicia City Council was asked to refer a citizen draft Industrial Safety Ordinance to City Staff for expert review and comment. Valero spokespersons urged Council not to approve this request for review.
4. Council discussion and vote on ISO for staff review City of Benicia video, excerpt by Constance Beutel (52 min.)
On June 19, 2018 the Mayor and a Citizen Group presented a draft Industrial Safety Ordinance to Benicia City Council to recommend that they refer the ordinance to City Staff for expert review and comments. This video captures the Council discussion and vote to reject the proposal.
5. City approves individual as “organized group”(2½ min.)
Finally here’s a quirky – if not outright stupid – segment of the meeting (taken directly from the City website). As Larnie Fox put it, “We saw an embarrassing moment” when a citizen claimed to be an organized opposition group. When asked to define “organized opposition,” the Mayor deferred to City Attorney Heather McLaughlin, whose baffling response (below) allowed the person to speak out of turn as an “organization of one.” He could have but thankfully didn’t carry on for a full 15 minutes. It is widely assumed that the City will redefine “organized” support and opposition before this precedent is acted upon again. – RS, editor