All posts by Roger Straw

Editor, owner, publisher of The Benicia Independent

Progressive Dems call for Industrial Safety Ordinance, Council votes NO

By Roger Straw

At the Progressive Democrats of Benicia membership meeting of June 18, PDB voted unanimously (with one abstention) to ask Benicia City Council to support the issuance of an Industrial Safety Ordinance (ISO) for the City of Benicia and approve Mayor Patterson’s request to direct City Staff to review a Draft ISO.  The PDB recommendation was that staff report findings back to the City Council no more than 90 days from June 19, 2018.

Acting PDB Chairperson Craig Snider drew up a resolution following our meeting expressing our concerns, and presented it at City Council the following evening, June 19.

After much discussion lasting until 1 AM, the City Council voted 3-2 to reject Mayor Patterson’s request and to wait and watch what Valero and regulatory agencies do based on recent new regional and state air monitoring regulations, and to engage Valero and regulatory agencies in discussions.

Two Council members qualified their rejection of the proposed ISO.  Council members Campbell and Schwartzman stated for the record that if Valero does not install certain Air-District-required “fenceline” air monitors within 6 months, they would vote to impose an industrial safety ordinance.  All five Council members also would like to see “community” air monitors.

Draft minutes detailing Council’s 6/19 decision read as follows:

On motion of Council Member Hughes, seconded by Council Member Schwartzman, Council approved Option #2 in the staff report, directing Staff to monitor Solano County’s implementation of Program Four, directing Staff to meet with Valero and the appropriate regulatory agencies to address the few gaps that exist between Contra Costa County’s ISO and Program #4, including more effective and frequent communications with the City, Valero, and the community, fence line monitors installed within 6 months (while that was going on, the community monitoring could be negotiated), an evacuation plan, and having a report back to the City Council the first meeting in November, on a roll call by the following vote:
Ayes: Campbell, Hughes, Schwartzman
Noes: Young, Patterson

For more, including video segments of the Council meeting, see benindy.wpengine.com/iso/.

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Video highlights – City Council votes NO on industrial safety, June 19, 2018

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