Benicia Herald: Second step of Industrial Safety Ordinance process on council agenda

Repost from the Benicia Herald

Second step of Industrial Safety Ordinance process on council agenda

June 15, 2018 by Nick Sestanovich

More than a year after the Benicia City Council approved the first step in a two-step process to consider bringing an Industrial Safety Ordinance (ISO) to Benicia, the council will resume its discussion Tuesday when the matter is brought back for the second step of the process.

Following the flaring incident at the Valero Benicia Refinery on May 5, 2017 where a power outage resulted in black smoke being released, causing the Industrial park to be shut down and shelters in place established at nearby elementary schools, Mayor Elizabeth Patterson brought a two-step process to discuss consideration of an ISO at the May 23, 2017 council meeting. Patterson requested an ordinance similar Contra Costa ISO, which was adopted in 1998 and went into effect in 1999. Under Contra Costa’s ordinance, refineries are required to submit safety plans, experience safety audits and develop risk management plans while utilizing community input. In the event of an accident, regulated industries can provide a preliminary report.

The Contra Costa ISO covers six facilities: the Phillips 66 Rodeo Refinery, Shell Oil Martinez Refienry, Tesoro Golden Eagle Refinery in Pacheco, Air Products at Shell Refinery, Air Products at Tesoro Refinery and the Air Liquide-Rodeo Hydrogen Plant. In 2002, the city of Richmond adopted its own ISO that mirrored the Contra Costa ordinance. It covers the Chevron Refinery and Chemtrade West.

Fire Chief Josh Chadwick noted in a staff report that since adoption of the Contra Costa ISO, the severity of major chemical accidents or releases had seen a declining trend with the exceptions of 2004, 2010 and 2012.

“Implementing the ISO in Contra Costa County is generally considered to have contributed to the decline in incidents at refineries in the County although other regulatory changes and improvements in worker safety are also credited,” Chadwick wrote.

The council voted 4-1 at the May 23 meeting to approve the first step of the process, with the lone dissenting vote coming from Mark Hughes, who felt it was too early to have such a discussion but indicated he may support it later on.

Two developments have happened since the council’s vote. Beginning Oct. 1, the state of California updated its regulations to be more in line with Contra Costa’s ISO. Prior to this, Solano County’s Certified Unified Program Agency (CUPA) was operating under Program 3 of the California Accidental Release Prevention (CalARP) program. A task force, including members of the Solano County Department of Resource Management, was formed to upgrade regulations at the Valero Benicia Refinery and bring it to Program 4.

“In the first five months since implementing Program 4, the Solano County Department of Resource Management spent 485 hours inspecting, preparing, reviewing, and documenting the Valero Benicia refinery,” Chadwick wrote.

Among the task categories included in the Contra Costa ISO and CalARP Program 4 are reviewing risk management and safety plans, auditing subject facilities at least once every three years and documenting the results, reviewing major chemical accidents or releases root cause analyses and incident investigation reports that are submitted and performing incident investigations, and performing hazard scoring for development projects associated with land use applications.

Both also require public access to reports and incorporating community engagement requirements.

In a letter to the council, Don Cuffel– Valero’s director of health, safety, environmental and regulatory affairs– wrote that an ISO would be “duplicative and divisive” and suggested the refinery meet with city staff to discuss such topics as statewide regulations, the Bay Area Air Quality Management District’s fence line monitoring program, Benicia’s emergency response and communication systems, and the refinery’s qualifications as a top safety site by CAL/OSHA.

Staff has provided two options for the council: direct staff to draft an ISO to bring to the council for consideration or direct staff to monitor the county’s implementation of Program 4, enabling the activities of an ISO to continue to be carried out by Solano’s CUPA.

In other matters, the council will vote on whether or not to place a measure establishing a tax on cannabis-related activities on the ballot for the November election.

The council will meet at 7 p.m. Tuesday, June 19 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.

Planning Commissioner Kari Birdseye announces Benicia City Council bid

From a press release…

Planning Commission Chair Kari Birdseye announces run for Benicia City Council

BENICIA, CA, June 7, 2018 — Benicia Planning Commission Chair Kari Birdseye today announced that she is running for a seat on the Benicia City Council in the November 2018 election. A resident of Benicia for nearly two decades, Birdseye has served in various volunteer capacities in the community, including Parent Teacher Association President, a 3-year member of the Planning Commission before becoming Chair, and a current member of the Solano County Fair Association Board of Directors.

“The Benicia City Council is the natural next step in my service to the City of Benicia. I plan to make continuing, sustainable economic development in Benicia a key priority while protecting its clean air and water and its historic, small-town charm. My husband James and I chose to raise our family here nearly two decades ago, and that spirit and feel is what I will work to pass along to our children and generations to come,” Birdseye said.

In addition to her numerous volunteer activities, Birdseye is also a full-time working mother. She’s currently the Strategic Communications Manager for the Natural Resources Defense Council, a leading international environmental non-profit organization, and has worked for several other environmental groups, as well as four years as Communications Director for the Wine Institute in San Francisco. She was also an Executive Producer for CNN based in Atlanta, where she led a team that won an Emmy for their coverage of the Atlanta Olympic bombing in 1996.

Of all the capacities in which Birdseye has served the Benicia community, she is most proud of her vote against the Crude by Rail decision as a Planning Commissioner in 2015. “Along with my fellow commissioners, I placed the health and safety of the people of Benicia first, by denying the dangerous crude by rail proposal,” Birdseye said.

Birdseye lives in Benicia with her husband James, a director for KRON News, and her two children Julia (a freshman at San Francisco State) and son Joseph, a sophomore at Benicia High School. “Benicia is a community of neighbors, and I look forward to being your neighbor at City Hall,” she said.

Questions can be directed to birdseyeforbenicia@gmail.com.

Progressive Women Positioned to Replace 9 Male Legislators in 2018 California Races

PRESS RELEASE
Contact: Close the Gap CA Executive Director Susannah Delano
June 6, 2018  –  (707) 771-0939  –  susannah@closethegapca.org

Progressive Women Positioned to Replace 9 Male Legislators in 2018 State Races 

Below the Congressional “jungle primary” canopy, a groundswell of progressive women candidates is headed straight for Sacramento.

A record 98 women competed yesterday to win a spot in November run-offs for State Legislative seats. 43 will advance. This is the largest cohort of women to do so since 2004. Close the gap CA targeted 9 winnable districts to ensure at least one progressive woman was prepared to compete:

  • SD 12- Anna Caballero
  • SD 14- Melissa Hurtado
  • SD 22- Susan Rubio
  • SD 24- Maria Elena Durazo
  • SD 32- Vanessa Delgado
  • AD 15- Buffy Wicks, Jovanka Beckles (TBD)
  • AD 16- Rebecca Bauer-Kahan
  • AD 39- Luz Rivas
  • AD 76- Tasha Boerner-Horvath, Elizabeth Warren

In all districts except SD 32, at least one progressive woman has advanced to November (listed above). Two thirds are women of color. All targeted seats, except AD 16 have most recently been held by men.

For the first time in over a decade, we are witnessing a decisive uptick in the number of women serving in the California State Legislature,” said Executive Director Susannah Delano. “Close the gap CA targets open and purple, winnable seats throughout the state—including those vacated in the wake of #MeToo allegations—recruiting progressive women and positioning them to launch competitive campaigns.”

“It’s not a coincidence that these accomplished women were ready to run successful campaigns with very short runways,” continued Delano. In the past 6 months, voters have held 5 special elections to fill legislative seats vacated by men. Progressive women have already won 3 of the 5– Assemblymembers Wendy Carrillo and Sydney Kamlager, and now Assemblymember-Elect Luz Rivas. With progressive women positioned to replace male predecessors in 6 additional districts in November, 2019 could begin with gender parity numbers approaching their highest ever in California history.

“When more progressive women serve, our state’s policies become more comprehensive and just. And our Legislature itself is challenged to do better, for every Californian,” said Delano.


Close the gap CA is a campaign to achieve gender parity in the State Legislature by 2028.  After watching women drop to just 23% of the Assembly and Senate over the past decade, we decided to do something about it: we recruit progressive women to run.
For more information, please visit closethegapca.org.

Not what I expected: Mike Thompson on gun violence

By Roger Straw
U.S. Rep. Mike Thompson – Gun Violence Prevention Task Force  mikethompson.house.gov/issues/gun-violence-prevention

An influential Benicia resident (who wishes to remain anonymous) wrote to me on May 22, highly concerned over our Rep. Mike Thompson’s moderate statements on the Gun Violence Prevention Task Force page on his website.  Her email subject line was “Not what I expected: Mike Thompson on gun violence.”  She wrote:

Rep. Mike Thompson, District 5, has been chair of the Gun Violence Prevention Task Force in the US House of Representative for several years. Here is his disturbing current statement on the Task Force site: note: there are links on the site about his gun prevention plans.  From his website…

“As a hunter and gun owner I believe we should protect a law-abiding individual’s Second Amendment right to own firearms. As a dad and grandfather I also believe that we have a responsibility to make our schools, streets and communities safe. We can do both, but Congress will need to step up.

After being named chair of the Gun Violence Prevention Task Force in the U.S. House of Representatives, I held a series of open town halls in our district that examined some of the actions that Congress could take. Hundreds attended these meetings. I heard views from law enforcement officials, mental health experts, school officials, NRA members and gun control advocates. Many feared that their Second Amendment rights would come under attack when my task force made its recommendations to Congress. Others wanted to cast those rights aside.

I believe both views are too extreme. I will never give up my guns and I will never ask law-abiding Americans without a history of dangerous mental illness to give up theirs. Not only am I personally against this, the Constitution does not allow it. In District of Columbia v. Heller the Supreme Court affirmed once and for all that Americans have a right to keep and bear arms.

However, just as the First Amendment protects free speech but doesn’t allow you to incite violence, the Second Amendment has restrictions too. As conservative justice Anthony Scalia outlined, Heller does not prohibit laws forbidding firearms in places such as schools, nor does it restrict laws prohibiting felons and the mentally ill from carrying guns.

This ruling provides people on both sides of the issue with an opportunity to work within the confines of the Second Amendment and pass legislation that will reduce and prevent gun violence.”

I wrote back, detailing Mike’s stated views on assault weapons: “After the Parkland FL school shooting in February … Mike held a Benicia town Hall on March 17, where he very clearly, more than once, stated that ‘military grade automatic and semi-automatic assault weapons do not belong in the hands of citizens.'” (See Mike Thompson makes news in Benicia: ‘military grade assault weapons do not belong in citizens’ hands’.)

I wrote to Thompson’s staff, sharing our concern about the Gun Violence Prevention page on his website, and suggesting they update the page to show Mike’s evolving views on this subject.  “I hope you will pass this on to Mike and make an effort to update the website, calling for new and more stringent controls on guns, with special attention to military grade automatic and semi-automatic assault weapons.”

I heard back that same day with a promise to pass our concern on to Mike’s communications director in Washington D.C., Alex Macfarlane.

As of today, there have been no updates on Mike’s Gun Violence Prevention page.  Similarly, I can find no mention of assault weapons or automatic / semi-automatic weapons on Thompson’s Facebook page.  I hope to hear from his office about changes, and will report here with updates.

Contact Rep. Mike Thompson – ask him what is his position on banning military grade automatic and semi-automatic assault weapons:

Roger Straw
Benicia