Benicia resident and author Stephen Golub, A Promised Land
By Stephen Golub, originally published in the Benicia Herald on May 5, 2024
In recent weeks, I’ve reached out to a number of persons familiar with the Contra Costa County (CCC) and Richmond Industrial Safety Ordinances (ISOs), which seek to bolster those localities’ protection from fires, explosions and toxic emissions at the four refineries in that county.
Since it is situated in Solano County and not Contra Costa, Valero is the only Bay Area refinery not covered by such an ordinance. Benicia is the only refinery town in the area not protected by one. To their great credit, Vice Mayor Scott, Councilwoman Birdseye, Fire Chief Chadwick and other personnel are spearheading the City’s drive, unanimously endorsed by the City Council, to draft an ISO for Benicia. The Benicia Industrial Safety and Health Ordinance citizens’ group, to which I belong, is seeking to make the resulting law as strong as possible.
My look at other Bay Area ISOs is intended to bolster both of those efforts.
For now, I’ll focus on three key overlapping considerations that, in my opinion, have so far emerged from my ISO conversations:
My first point regards the crucial citizen Oversight Committee (or whatever name is eventually used) that, as part of the ISO, will keep its administration and enforcement on track. The Committee should comprise independent operational, scientific, environmental, safety and health experts, as well as representatives from affected communities within Benicia and beyond.
I suggest this approach in contrast with simply involving all potential “stakeholders” with some sort of interest in the ISO, since persons employed by, affiliated with or aligned with Valero are unlikely to back strong oversight. Who sits at the table will determine what gets done.
More specifically, let’s involve people who have expertise regarding Valero and other refineries’ operations but who are not beholden to them, as demonstrated by their professional or community track records.
Let’s certainly engage Benicians who have been affected by the emissions, odors, vapors and even residues from the refinery’s repeated incidents and accidents.
Let’s also include non-Benicians, such as those representing citizen or government groups in CCC, Richmond, Martinez and other neighboring communities, as well as representatives of Bay Area environmental organizations.
This brings me to my second point, implied by the first:
The Oversight Committee should not include Valero. Nor should it involve the affiliated “Community Advisory Panel” (CAP), which very rarely involves the community in its meetings and which largely supports the refinery’s perspective. While individuals affiliated with these two entities may mean well, it is inappropriate for a company to influence the very body that oversees the safety and health aspects of its operations.
Let’s also bear in mind that when we’re talking about Valero decision-making, we’re talking not about our fine neighbors and friends who may be employees, but instead about a huge Texas-based corporation.
There is nothing wrong and much that is right with consultation with Valero and listening to its valid concerns. But there are plenty of opportunities to do so, outside of it having membership in the Oversight Committee.
Or to put the matter more simply: Benicia can’t have the fox guarding the henhouse.
To my simple mind, it’s self-evident that Valero should not oversee itself. After all, you wouldn’t want a neighbor who regularly violates local and national safety/health-oriented regulations controlling efforts to prevent those violations, would you? And that’s even assuming the neighbor is committed to proper community oversight, something that can’t be said of Valero in view of its apparently intense opposition to an ISO.
CAP has also demonstrated keen opposition to the very idea of an ISO, as indicated by its hostile reception when Scott and Birdseye attempted to engage it in a constructive way at one of its meetings. This has large ramifications for the Oversight Committee.
Again, why put the fox in charge of the henhouse?
Against this backdrop, it’s puzzling that the City’s “Engage Benicia” ISO outreach site and the community survey it includes feature CAP in several questions, even in terms of a potential ISO role. Perhaps this is due to the laudable even-handedness with which the City is approaching this effort, despite opposition from Valero and CAP. But in visiting the site (engagebenicia.com) and participating in its survey, which I heartily encourage, Benicians should be aware that there’s less to CAP than its title implies.
My third point is that the Oversight Committee has a tremendous potential to connect Benicia with likeminded citizens and governments across the Bay Area regarding health and safety concerns. By virtue not just of its membership but also its outreach, it can share information, advocacy and efforts concerning common problems and solutions experienced by CCC, Richmond, Martinez and other areas. That’s yet another reason for the Committee to comprise independent individuals, rather than Valero or its affiliated parties.
In suggesting these paths, I speak only on my own behalf and not as a member of BISHO. If you’re interested in learning more about Valero’s violations and the many reasons the City and your fellow Benicians are working toward a strong ISO, please check out this site: bisho.org.
Join the BISHO movement
There is a group of concerned citizens of Benicia who also support the adoption of a Benicia Industrial Safety and Health Ordinance (BISHO). To learn more about the effort and add your support, visit www.bisho.org.
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[Note from BenIndy: For information on how to register your support or opposition to the changes described below, scroll to the end.]
BenIndy Editorial, Thursday, May 2, 2024
This Tuesday, May 7, at 6 pm, Benicia City Council will vote on revisions to the city’s campaign ordinances and public engagement policies that were proposed by council and city staff in late 2023.
While community members have supported some of the proposed changes, especially those that tighten loopholes in fair political practices, other proposed revisions – including some from city staff– have faced criticism for their potential to limit meaningful public engagement in governance.
Now, Benicia residents are calling on the community to write, call and show up to oppose to two revisions proposed by staff but not supported by Benicia’s Open Government Commission (OGC):
Amend the City’s Municipal Code to align with state law pertaining to the time to respond to public records act request; and
Decrease the amount of time public speakers may address a City public body in open session from 5 minutes to 3 minutes.
City Council requested Open Government Commission review in late 2023
Benicia’s Open Government Commission was created in 2005 to enhance openness, accountability, and public participation in local government after community complaints and external investigations exposed deficiencies in those areas. At the time, the charges laid against City Council included unreasonable delays or outright refusal to provide public records upon request, failures to appropriately notice the public on meeting content and scheduling, agenda misinformation, and more. By establishing the ordinance, the city sought to foster a stronger connection between government officials and residents, promoting a more informed and engaged community.
Prompted by growing concerns about fairness, false statements and digital image manipulation in local elections, City Council tasked the OGC in late 2023 to review and develop recommendations for providing Benicia’s political landscape with guardrails to defend against such misleading tactics. The OGC was also charged to consider several changes proposed by city staff, including updating public records requests and public comment policies to reduce strain on staff.
Some changes to fair political practices code in Benicia elections
After deliberations were stalled several months by quorum and staffing issues, the OGC opted to introduce a few of its recommendations through suggested updates to Benicia’s Voluntary Code of Fair Campaign Practices.
The OGC’s first recommendation to address false and manipulated media via the Voluntary Code would simply align Benicia with California state law, and not much more, but the impulse was welcomed by some city residents.
However, the OGC did not address important questions about enforcement functionality or meaningful remedy for violations, instead punting the responsibility back to the City Clerk, who could immediately inform any candidate and/or political action committee (PAC) about complaints and post said complaint(s) and any rebuttal(s) on the City’s website.
An example of a 2020 campaign ad that some residents claim includes digitally manipulated images and misleading statements.
Additionally, although the OGC discussed how to make campaign regulations in Benicia more “objective” and enforceable, the commission asserted that the complexity of navigating First Amendment privileges or procuring third-party fact-checking services was beyond its scope.
Finally, the OGC considered whether to maintain or discontinue its mandated Candidate Forum before local elections, ultimately voting to keep the forum but adjusting which day it may fall on during the week.
Concerns about public access to information
Benicia city staff also had an opportunity to suggest changes to Benicia’s open government regulations through the OGC’s review process. These revisions were met with more pushback from the OGC than City Council’s requests.
To boost public participation, city staff proposed refining a rule that allows a presiding officer at public meetings to request groups with similar views to appoint a spokesperson and adjust their speaking times for efficiency. However, the OGC suggested that for items with many speakers, a presiding officer should simply encourage groups to appoint a spokesperson by referencing the relevant section of the ordinance.
Staff also requested Benicia’s deadline for response to public records requests be adjusted to the state-mandated 10-day requirement instead of the current 3-day or 5-day requirement, depending on the type of records sought. The OGC concurred with city staff’s suggestion, recommending that the city’s response time to public records act be changed to 10 days.
However, some Benicia residents disagree with extending the deadline.
“Rapid response to public information request is essential for local democracy, because local government operates faster than county or state,” one Benicia resident pointed out. “If Benicia City Council meets twice a month and a decision is dependent on a public records request, responsive documents should be available to the public as quickly as possible so decision makers can meet important deadlines, if necessary. Ten days doesn’t allow for that.”
Public speaking time under threat, confusion about recommendations
Perhaps most controversially, city staff has pushed for a reduction in public comment speaking time at meetings from 5 minutes to 3, claiming it would make meetings more efficient and likely increase public participation. The OGC declined to recommend city staff’s proposed speaking time reduction, citing public pushback and no compelling evidence that shorter speaking times could improve meeting outcomes.
“Cutting the public’s time to be heard by a whopping 40%, especially without any data backing that decision, is a bad look,” one resident said, commending the OGC for not recommending the cutback. “Benicia should consider itself lucky to have engaged citizens, not be looking for ways to get them to pipe down.”
But despite the OGC explicitly declining to change the speaking time limits, the recommendation from city staff still appears in the City Council meeting packet for May 7 under the headline, “OPEN GOVERNMENT COMMISSION’S RECOMMENDATIONS TO COUNCIL (City Attorney’s Office),” causing confusion about which recommendations are coming from city staff and which are coming from the OGC, causing opponents to the change to cry foul.
Residents complained that the relevant agenda item, titled “OPEN GOVERNMENT COMMISSION’S RECOMMENDATIONS TO COUNCIL,” does not clearly and explicitly indicate which recommendations are from staff and which are not in the final presentation of proposed revisions.
“It needs to be clearer,” a resident said. “The way it is written, it is very unclear who is recommending what, and why, and I find that very troubling in an already very complicated discussion about open government.”
Benicia resident Mike Caplan announced the opening of the Benicia Farmer’s Market at the April 16 City Council meeting, leaving the podium after speaking for 40 seconds. Some Benicia residents say the city would be wrong to limit speaking time, especially when most speakers don’t use the full 5 minutes. | Still from April 16, 2024 Benicia City meeting recording.
Open government norms in review
Although the OGC’s proposed revisions to Benicia’s Voluntary Code of Fair Campaign Practices are fine and welcome, the commission fell short of not just devising, but also envisioning a better system to fend off repeat offenders who use misleading or otherwise unfair campaign tactics to exercise outsized influence in our small town elections. Some cities work with their open government commissions to produce mailers and email blasts warning voters of deceptive campaign practices, for just one example of an effective city commission–led response to unfair campaign practices.
Meanwhile, City Council’s decisions on these recommendations this Tuesday will be another signal of how City Council will balance which burdens on city staff are necessary for open, local governance, and which can be dropped to save resources. What shakes out of this meeting will, in essence, show us how City Council will weigh the necessity of economy (Benicia is, after all, experiencing a budget crisis) against the necessity of providing services, including meaningful public participation opportunities, to its community.
This meeting therefore merits careful watching, and perhaps active participation, on the part of Benicia citizens. More information about how to support or oppose these changes is below.
Call to action
The full list of what appear to be staff recommendations under the OGC banner is below and available here:
This document is titled “OPEN GOVERNMENT COMMISSION’S RECOMMENDATIONS TO COUNCIL,” but several of the recommendations in this list do not reflect OGC direction. | From page 9 of the City of Benicia Full Agenda Packet for May 7 meeting.
Benicia activists are asking the community to call, write or show up on Tuesday to oppose changes to:
(2) Amend the City’s Municipal Code to align with state law pertaining to the time to respond to public records act request; and (3) Decrease the amount of time public speakers may address a City public body in open session form 5 minutes to 3 minutes.
If you care about public participation in Benicia one way or the other, there are several ways to get involved, and most of them are quick and easy. Learn more below.
How to write and email a public comment
If you would like to make your opinion on the topic of the proposed revisions known to City Council, members of the public may provide public comment via email to the City Clerk by email at lwolfe@ci.benicia.ca.us. Any comment submitted to the City Clerk should indicate to which item of the agenda the comment relates. (THE PROPOSED REVISIONS ARE IN AGENDA ITEM 22.C – OPEN GOVERNMENT COMMISSION’S RECOMMENDATIONS TO COUNCIL (City Attorney’s Office).)
– Comments received by 2:00 pm on the day of the meeting will be electronically forwarded to the City Council and posted on the City’s website.
– Comments received after 2:00 pm, but before the start time of the meeting will be electronically forwarded to the City Council but will not be posted on the City’s website.
In your email, put the item number in your subject line (e.g., “Public comment re. Item 22.C”).
In your email body, share why you support or oppose the changes.
How to view the meeting and/or make a live public comment
You can participate in the meeting in one of four ways:
1) Attend in person at Council Chambers
2) Cable T.V. Broadcast – Check with your cable provider for your local government broadcast channel.
3) Livestream online at www.ci.benicia.ca.us/agendas
4) Zoom Meeting (link below)
Use participant option to “raise hand” during the public comment period for the item you wish to speak on. Please note, your electronic device must have microphone capability. Once unmuted, you will have up to 5 minutes to speak.
Dial in with phone:
Before the start of the item you wish to comment on, call any of the numbers below. If one is busy, try the next one.
1 669 900 9128
1 346 248 7799
1 253 215 8782
1 646 558 8656
1 301 715 8592
1 312 626 6799
• Enter the meeting ID number: 885 0804 7557(*please note this is an updated ID number*.)
Say the item you wish to speak on. (AGAIN, THE PROPOSED CHANGES ARE IN ITEM 22.C.)
Once unmuted, you will have up to 5 minutes to speak.
Enter password: 449303
When prompted for a Participant ID, press #.
Press *9 on your phone to “raise your hand” when the Mayor calls for public comment.
Any member of the public who needs accommodations should email City Clerk Lisa Wolfe at lwolfe@ci.benicia.ca.us, who will use her best efforts to provide as much accessibility as possible while also maintaining public safety.
One of the many things that makes Benicia so special is its community of artists, many of whom settled here due to our town’s relative affordability and beautiful setting. One leading aspect of that community is Arts Benicia, a nonprofit whose excellent website (https://artsbenicia.org/) sums up its mission nicely: “…to stimulate, educate, and nurture cultural life in Benicia primarily through the visual arts. This community based non-profit organization provides exhibitions, educational programs, and classes that support artists and engage the broader community.”
Before going further, I’ll say that I’ve never been particularly art-oriented. (I’ll also say that I’m not proud to say that.) With the exception of especially outlandish or idiosyncratic displays such as Van Gogh or holographic exhibitions, I always dismissed art museums as just featuring “stuff on walls.” I’d generally prefer to go for a hike, go for a drink, watch the Warriors, whatever.
But Arts Benicia has changed my mind. Lots of that stuff on its walls is striking and thought-provoking. Even more importantly, it’s about far more than what’s on walls. The organization offers classes, opportunities and activities to Benicia’s kids, adults and visitors. Conservation, nature, gender, justice and other themes run through much of what it shows and does.
Clicking this image will redirect you to the Arts Benicia website.
Arts Benicia is not just an organization. We can also think of it as a community that embraces not just artists from Benicia and beyond, but many of us to the extent that we engage in its activities or benefit from the visitors it helps bring to our lovely town.
Still, the heart and physical hub of the group is the stately, historic, 6,000-foot Commanding Officer’s Quarters, located at 1 Commandant’s Lane, which hosts the organization’s gallery, classes and project space. There’s usually a free exhibition on display there, from 1-5 pm on Thursdays through Sundays.
My recent favorite exhibitions have been those featuring diverse depictions of water-oriented themes and the works of our amazingly talented Benicia artists. There will be more such shows along those specific lines, along with numerous other kinds of exhibitions, in the months and years to come. Each show is a highly competitive affair, with artists from all over the Bay Area and the country submitting applications for inclusion.
The Commanding Officer’s Quarters is the home of Arts Benicia, but the fun doesn’t stop there. | ArtsBenicia.org
The Commanding Officer’s Quarters displays are just the tip of the contributions that Arts Benicia and Benicia’s artists make to the community. For example, from 10 am-5 pm on the weekend of May 4 and 5, it will join Benicia’s downtown galleries and about 50 Bay Area artists opening their studio doors for the Benicia Art Weekend. In addition to the art itself, the event offers a chance to discuss the artists’ work with them.
Arts Benicia regularly holds hands-on educational programs (some for fees, some free) for children, teenagers, young adults and adults of all ages For instance, this June it’s offering two five-day EcoArt Camps for kids entering third through sixth grades “who like to build, sculpt, paint, draw, and collage” to help them gain “awareness of environmental sustainability, natural resources, and the potential of re-use.”
There is no shortage of other educational and training opportunities. The organization partners with the Benicia Unified School District to bring visiting artists to the District’s four elementary schools for classes ranging from drawing to tinkering. It recently completed an “Intro to Cartooning” course for kids. There’s a Young Printmakers Program for persons 18-25 with an interest in skills that can pertain to such fields as graphic design. And there are a plethora of other classes and activities.
EcoArt Camp 2024 is open for applications, click the image to be redirected to the Arts Benicia page to learn more. | Image from ArtsBenicia.org.
Check out its website for more on any of this and on so much more.
A key way to take advantage of all that Arts Benicia has to offer is to become a member, with reduced rates for students and families. Membership brings discounts on various classes and other activities, as well as free admission to certain events: for example, the organization’s lecture series and receptions marking the openings of exhibitions. (I attended a great lecture last year, by two very knowledgeable Benicia-based experts, on the growing interaction between artificial intelligence and art.)
Its other forms of fund-raising also provide chances for loads of fun. In October, for instance, there will be a champagne-and-chocolate event; in December, one featuring a few kinds of fine, easily sip-able spirits. Held at the Commanding Officer’s Quarters, both proved very popular and sold out well in advance last year.
So check out Arts Benicia if you can. It offers lots of great stuff, both on walls and otherwise.
[Full disclosure: My wife sits on Arts Benicia’s Board. She did not suggest or lobby for this column at all.]
The Benicia City Council has appointed a Council Subcommittee consisting of Vice Mayor Terry Scott and Councilmember Kari Birdseye, with Fire Chief Josh Chadwick as the appointed staff member, to create an Industrial Safety and Health Ordinance (ISO) for the City of Benicia. As part of the ISO development process, the subcommittee is conducting public outreach, gathering input from key stakeholders, and consulting with subject matter experts in the field of industrial safety.
As part of the public outreach process, the subcommittee is hosting a series of community outreach meetings. The first option is an in-person meeting at the Benicia Public Library on Tuesday, March 26. Due to the size of the Dona Benicia room, there will be two sessions of the same content: one at 5 p.m. and one at 6 p.m. Please attend only one session to allow for more participation.
There will also be a virtual community outreach meeting with the same content on Wednesday, April 3 from 6 -7 p.m. To join the meeting, visit https://tinyurl.com/yxb39xv6 and use passcode 162947.
To learn more about the project and the public engagement process, please visit the City’s public engagement website, www.EngageBenicia.com.
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