Category Archives: Industrial Safety Ordinance (ISO)

Ralph Dennis comments on ISO, Benicia City Council, 17 July 2018

Public Comment – Council deliberation on whether to reconsider ISO vote of 19 June 2018

By Ralph Dennis, Benicia, June 17, 2018
Ralph Dennis, Chair, Progressive Democrats of Benicia, Member of Benicia ISO Working Group

Good evening. My name is Ralph Dennis, I’m a resident of Benicia with my wife Vicki. I am also one of the members of the ISO Working Group, and also chair of the Progressive Democrats of Benicia. The Progressive Democrats have been supporters of a Benicia ISO from the beginning of the working group. At its June meeting, PDB members voted unanimously in support of the draft Benicia ISO ordinance presented to Council on June 19.

Thank you for the opportunity to speak tonight.

I ask that you vote tonight to reconsider your June 19 vote concerning an Industrial Safety Ordinance for Benicia.

If the desire is, in fact, to finally do something about determining what is in Benicia’s air, and to provide the City better communication with those businesses affecting Benicia’s air and safety – and that IS what I ultimately heard from the Council’s 3 votes that prevailed on June 19 …

Then, there is nothing to be gained by waiting until November.

  • Fence line monitoring, once installed, will tell us virtually nothing about what’s in the air. According to Eric Stephenson, who runs the Air District’s monitoring programs, fence line monitors are “designed for ground level monitoring” and “not for emissions that are lofted”. Meaning air borne emissions, i.e., what’s in the air.
    • So, Valero’s fence line monitoring program is limited at what it will do. Benicia needs a comprehensive, community wide monitoring program, which an ISO would provide and do it much sooner. And, the sooner we get an ISO up and running the quicker the City and community can tap into Air District resources for community monitoring efforts, something else Mr. Stephenson said is possible.
    • The Air District’s AB617 community monitoring program may include Benicia but not until 2024 at the earliest, based on its recently announced schedule.
    • And, related Air District efforts toward community monitoring are yet to be clarified and probably depend upon individual community initiative to kick start.
  • As to Better communications/Is CUPA sufficient?
    • Last week I saw two Public notices published in the Benicia Herald by the Solano Co Environmental Health Division – CUPA – for Risk Management Plans submitted by two Benicia businesses – Praxair and the City of Benicia Water Treatment Plan.
    • These plans reviewed by CUPA are required by state regulations for businesses which handle and use hazardous materials, and are now available for review by the public – for 45 days, and counting.
    • CUPA told me it plans no public meetings. And, when asked, seemed surprised at the question. Also, no copies of Plans for review on-line, or in public libraries like Contra Costa Co officials have done – we need to go to Fairfield to see the Plans.

I don’t know if anyone in the City was notified by these businesses when their Plans were being prepared or when the Plans were filed. Presumably, you saw the Water Treatment Plant’s plan. But, neither existing state regulations, nor CUPA, provided any means for review or comment – until after the fact, plans already filed and reviewed.

Is publication in a local, soon to be 3 days a week paper with limited circulation to be the extent of communication with the Benicia community? With the City?

On plans that affect the community’s air and safety?

A Benicia ISO would make the City and community partners with businesses in the development of these Plans – not a bystander, at best. And, not depend upon CUPA for communication.

I also asked CUPA whether a Risk Management Plan had been submitted by Valero:

  • Filed in December 2017, but is still under review by CUPA staff.
  • And, I don’t know if anyone at Valero gave the City a heads up last December that the Risk Management Plan was ready to be filed. Or, asked whether the City wanted to take a look at the Plan before it was filed.
  • You know, as a courtesy, or even in an effort to improve communication.
  • But, in any event, CUPA said its Public Notice will be published once review is done. Then, we the public get to see it – including the City of Benicia and its community…for a 45-day period…to provide comments…on a Plan already reviewed and, seemingly, ready for approval. Don’t expect any public meetings from CUPA, and better make sure your subscription is up to date with the newspaper.

For the sake of the community, please vote tonight to reconsider your June 19 3-2 vote, so we can get on with the business of considering an ISO for Benicia.

Thank you.

Respectfully submitted,

Ralph E. Dennis

    CALL TO ACTION: Attend Benicia City Council on Tuesday, July 17!

    An email from Kathy Kerridge, Benicia
    [Editor: For meeting agenda and materials, see Benicia City Council to vote whether to reconsider vote on ISO.  For much more, see our Benicia ISO page.  If you can’t attend, note below for info on where to write. – RS]

    Support a Benicia Industrial Safety Ordinance on 7/17

    Kathy Kerridge, Benicia

    Come support an Industrial Safety Ordinance at Benicia City Council on July 17 at 7:00 p.m.  This is a chance for the City Council to have staff review a proposed ordinance and move forward with making sure that Benicia has a seat at the table when it comes to safety.

    An Industrial Safety Ordinance (ISO) would ensure that Benicia has a network of air monitors, and a robust emergency response plan. Benicia is the only refinery town in the Bay Area without an ISO.

    The Council will be reconsidering their decision to kick the can down the road.  Councilmembers Schwartzman, Hughes and Campbell voted at the last hearing to postpone this important decision until after the November election, while Patterson and Young wanted to move forward now.   This is a chance for them to get it right.

    If you can’t come, please email (see below).

    Kathy Kerridge


    Mayor Elizabeth Patterson (
    Vice Mayor Steve Young (
    Tom Campbell (
    Mark Hughes (
    Alan Schwartzman (
    City Manager Lorie Tinfow (
    City Attorney Heather McLaughlin (
    Fire Chief Josh Chadwick (
    Police Chief Erik Upson (

    Mail to or visit City Hall: 250 East L Street, Benicia, CA 94510
    Phone numbers are listed on the City’s CONTACT PAGE


    • Benicia Herald, 820 First St, Benicia, CA 94510, or by email to the editor at
    • Vallejo Times-Herald, P.O. Box 3188, Vallejo, CA 94590, Fax: 643-0128, or by email to Editor Jack Bungart at
    • Benicia Independent – send to Roger at rogrmail at this URL.

    POST TO SOCIAL MEDIA (some require membership):

      Benicia City Council to vote whether to reconsider vote on ISO

      From City of Benicia website – Council agendas & minutes
      [Editor: Much more about Benicia ISO here. – RS]

      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


      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.

      Staff Recommendation:

      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.

      Staff Report – Rehearing Request_2-Step_Request for Industrial Safety Ordinance
      1. City Council Rules of Procedure 2012
      2. Two-Step Agenda Request – Industrial Ordinance Patterson May 2017
      3. Two-Step Agenda Request – Amended – Industrial Safety Ordinance Patterson June 2018
      4. Benicia ISO Work Group Draft Ordinance
      5. Request for Rehearing of Vote Cast 6_19_18 concerning the Industrial Safety Ordinance