Category Archives: Benicia City Council

Proud to Be a Benician: Our Community Comes Together, Birdseye Hits a Bullseye, and Great Scott!

By Stephen Golub, Benicia resident and author, “Benicia and Beyond” column in the Benicia Herald, Feb 9, 2025

 Stephen Golub, A Promised Land – America as a Developing Country

This past Tuesday’s City Council meeting considered for the first time a nearly final draft of an industrial safety ordinance (ISO) that will help protect our city against toxic emissions, fires and explosions from hazardous facilities here, particularly but not only the Valero refinery.

I’ve never been so proud to be a Benician. I’d guess 80-90 people packed the Council Chambers at City Hall, with about 29 others Zooming in. The large majority comprised folks whom I’d never seen or heard speak up on this issue. The entire crowd seemed to support the unanimous pro-ISO consensus among the 30-plus speakers who ranged from expert engineers to laypersons with kids to protect.

One such engineer, a Valero retiree, didn’t doubt refinery employees’ personal commitments to safety, but pointed out that refinery management is under extraordinary pressure to reduce costs. He emphasized that the ISO could actually help the current refinery engineers maintain safety. (I’ll again state my respect and affection for our Valero-employed friends and neighbors in Benicia, and distinguish them from the huge Texas-based corporation that owns the refinery and calls the shots.)

A parent who attended the meeting with his (I assume) wife and toddler, chimed in to favor the ordinance. Several persons prefaced their remarks by saying “I didn’t intend to speak,” then went on to describe their concerns and support. At least  one speaker pointed out that if Valero had an accident like last weekend’s huge Martinez fire and if the wind were blowing the wrong way, our entire town could have been endangered.

All in all, our community came together in numbers and passion spread across a spectrum of perspectives, but united in an unprecedented way in support for the ISO.

Valero representatives did not attend the meeting.

The big news emerging from the meeting is that Mayor Steve Young declared his backing for the ISO for the first time. Vice Mayor Trevor Macenski and Council Member Lionel Largaespada hinted at similar support; Largaespada, whose election campaigns Valero had indirectly backed through political action committees in the past, voiced a belief in strong industrial regulation and oversight.

Kudos to Young for his endorsement of the measure; this would seem to  ensure a Council majority for passage, though not counting our chickens before they hatch comes to mind. Let’s hope Macenski and Largaespada join him.

Speaking of kudos: pro-ISO Council Members Kari Birdseye and Terry Scott, who along with Fire Chief Josh Chadwick and other City staff had worked tirelessly to on the ISO for over a year, played particularly powerful roles in the Council meeting’s deliberations.

Birdseye hit the bullseye in a number of illuminating exchanges with fellow Council members. For instance, when Largaespada suggested instructing City staff to review certain administrative and other details (which could in effect delay a final vote on the ISO indefinitely), she pointed out that tremendous work had already gone into thrashing out details in the document and that it was time to move ahead. (As a former New York City government management analyst and international development policy analyst, I couldn’t agree more; you can work forever on tweaking a document and never reach closure.)

Birdseye similarly pushed back successfully and forcefully when it was suggested that the Council approve formal ex officio (non-voting) membership on the ISO’s citizen Oversight Commission for Valero or other regulated businesses. As she asserted, we don’t want “the fox in the henhouse.”

Scott had his own “Great Scott!” moments. Young suggested that Valero be consulted yet again to ascertain whether the ISO could be altered to address its concerns. In response, Scott pointed out the many, many times that the City had sought constructive Valero input over the course of over a year of ISO preparation, only to be met repeatedly by dozens of pages of legalistic criticism and unhelpful feedback. He also noted that Valero had not even attended Tuesday’s Council meeting.

There are miles to ago and at least two additional Council meetings to hold before it  finally votes on the ISO – which, it should be noted, is the kind of ordinance every other Bay Area refinery community has. Lots could go wrong, but so much could go right. I’ll save that for another day.

For today, I’ll just say that if Texas-based Valero seeks to block the ISO, it will be taking on not just a city but a very motivated community. Last Tuesday’s Council meeting proved that.


Benicia resident and author Stephen Golub, A Promised Land

 

 

Benicia’s Industrial Safety Ordinance: Multiple protections are necessary, not duplicative

A four-alarm fire broke out at the Port of Benicia Saturday, April 9, 2022. San Francisco Baykeeper, an organization that took legal action against the port and the Valero refinery over Clean Water Act violations and won, was on site, documenting the incident with video captured by drone. | SF Baykeeper.

By Betty Lucas, February 3, 2025

When it’s cold and raining outside, we keep warm and dry in a variety of ways: umbrellas, jackets, mitts and muffs. Multiple layers are not duplicative; they are often necessary. We protect ourselves, our homes and cars through insurance that covers theft, fire, landslides and floods. The same thing goes for protections against things we might not be able to see or feel, like pollution in our air and environment – as well as all too visible threats like potential fires and explosions.

These types of city protections may be codified into something called called an industrial safety ordinances (ISO). Such ordinances protect residents against industries that pollute, such as refineries, cement factories, etc.

No one ever regrets having strong insurance protection when they need it. Ask anyone in LA or Santa Rosa who lost their homes to fires.

All California cities with refineries have protection through ISOs, except Benicia,

On the Tuesday, February 4 City Council meeting, starting at 6 pm, Benicians have a chance to encourage every City Council member to unanimously pass a strong ISO.

LEARN MORE: Benicia looking to adopt Industrial Safety Ordinance

Why would any Council member vote against keeping us safe? Adopting an ISO with a strong oversight commission to monitor the law’s implementation is similar to each of us having strong insurance protections for when we need it.

Valero has opposed such a protective ISO because it knows it could be fined for various ISO violations. It claims that we don’t need an ISO with oversight because it’s duplicating services that already exist. This is not true. There are other agencies concerned with such matters, yet Valero’s history shows that there were not enough current protections in place to keep us safe from its polluting our air and not reporting this for many, many years. An ISO with a seat at the table will keep us informed of risks, hazards, accidents and violations, to provide the protection we need moving forward.

The City’s current Memorandum of Understanding with Valero has proven totally inadequate for protecting us. Having multiple checks and balances are necessary, not duplicative.

Your comments are encouraged. On February 4, please attend the Benicia City Council meeting in person, via Zoom, or email your thoughts to Mayor Steve Young: SYoung@ci.benicia.ca.us. The meeting is at Benicia City Hall, 250 East L Street.

Betty Lucas

Benicia looking to adopt Industrial Safety Ordinance

Smoke from the Valero Benicia refinery during a 2017 incident. | Bay Area Air Quality Management District.

City has dealt with numerous venues, including Valero Refinery, which has been the site of numerous air pollution incidents

Vallejo-Times Herald, by Thomas Gase, February 1, 2025

Benicia citizens are ready to clear the air regarding an Industrial Safety Ordinance.

Tuesday’s Benicia City Council meeting is set to include a segment on the possible adoption of the ordinance. The Benicia Industrial Safety and Health Ordinance — a citizens group formed in 2023 with 250 supporters — is looking for a stronger ordinance to deal with venues like Valero Refinery, the site of numerous air pollution incidents.

“This is a critical meeting that will affect the future of our air quality for years to come,” said Terry Mollica, a member of the group Benicia Industrial Safety and Health Ordinance. “We need everyone in Benicia who cares about the air we breathe to show up at the city council to show support for stronger protections.”

Benicia is the only Bay Area refinery town to not yet have an Industrial Safety Ordinance. Community activists — including health and environmental advocates — have spent years calling for tighter regulations to protect citizens from dangerous industrial emissions impacting air quality and the health of residents.

The Valero Refinery has been the site of a series of air pollution incidents, including the recent revelation that a hydrogen vent at the refinery had been leaking 2.7 tons of toxics into the air for 15 years. That discovery resulted in an historic $84 million fine imposed by the Bay Area Air Quality Management District in 2024.

Inspectors reported that Valero management had known about the leaks for years, but failed to report them or take steps to mitigate the leak. The fine reportedly was the largest penalty ever assessed by the district.

“[The Benicia Industrial Health and Safety Ordinance group] was formed by a group of concerned citizens to promote the adoption of an ISO to help the city regulate such emissions and reduce the risk of incidents,” Mollica said. “This most recent discovery and the secrecy surrounding the years-long leaks point out how important it is for Benicia to have a strong Industrial Safety Ordinance.”

Valero was one of four other refineries that in 2023 didn’t meet requirements as defined by BAAQMD and Rule 12-15.

Rule 12-15 — passed in 2016 — requires refineries to monitor and report fugitive gasses from their operating equipment, such as valves, compressors, and storage tanks. These emissions impact the health of the surrounding communities — the toxic gases released include noxious chemicals like the cancer-causing benzene.

After a trip to the refinery in 2023, Benicia Community Air Monitoring Program Board Member Kathy Kerridge said she was not surprised at the result. After all, it wasn’t the first time it had to pay up for emitting smoke or chemicals into the air. In April 2017, the Bay Area Air Quality Management District fined Valero $340,000 for 28 violations committed in 2014. A month later, they were hit with four additional violations — one for causing a public nuisance and three for releasing excessive smoke.

“Fines are trivial to them,” Kerridge said. “It’s like they are having a direct slap to the face with the community. The main problem is that the air monitoring gives us the sense of false security.”

Newly-elected council members Terry Scott and Kari Birdseye sponsored the adoption of an ordinance late in 2023. The council then voted unanimously to have staff study the issue and make a recommendation. Mayor Steve Young appointed Scott, Birdseye, Fire Chief Josh Chadwick and city staff to a subcommittee to draft an ordinance and to bring it before the city council.

Benicians took to the streets near City Park on Wednesday to protest the influence of the Valero Oil Refinery in the 2022 local election. (Chris Riley/Times-Herald)
Benicians took to the streets near City Park on Wednesday to protest the influence of the Valero Oil Refinery in the 2022 local election. (Chris Riley/Times-Herald)

Since then, the subcommittee held public meetings to gain feedback from citizens and industrial groups including Valero, analyzed the data and drafted an ordinance.

Mollica also said that during those months, there have been ongoing negotiations between the city and Valero with the refinery displaying strong resistance.

In June 2019,  execution of the Benicia–Valero Cooperation Agreement addressed concerns raised by the council and the community regarding industrial safety with the Valero facility. While an agreement with the parties largely achieved its intended goals, several areas for improvement have been identified over the past five years with three significant concerns. Those concerns are:

  • Term: The agreement includes an expiration date, requiring the City to renegotiate an extension or a new agreement each time it expires.
  • Termination: The agreement contains a termination clause, allowing a party to potentially terminate the agreement at any time.
  • Enforcement: The agreement lacks clear enforcement provisions and does not specify consequences for non-compliance.

Since then more outreach was requested, including engaging with key stakeholders and subject matter experts. To achieve this, a subcommittee implemented a comprehensive public engagement strategy and created the website www.EngageBenicia.com for the public to share their thoughts, questions, and feedback. The site went live in March.

That same month, a public feedback survey was introduced on the website to gather quantitative data on public opinion regarding industrial safety in Benicia. Between March 25 and May 19, feedback was collected from 178 participants, according to a Benicia City Staff report.

The ordinance is now on its third draft, which was constructed last month. This newest draft incorporated significant revisions from the prior versions, with the most notable being a detailed legal analysis determining that various aspects of the previous versions included requirements that state law makes the responsibility of the the Solano County Certified Unified Program Agency.

The Valero Refinery in Benicia was one of four refineries in the SF Bay Area that did not meet air quality requirements for compliance with the Bay Area Quality Management District in 2023. (Chris Riley/Times-Herald file)
The Valero Refinery in Benicia was one of four refineries in the SF Bay Area that did not meet air quality requirements for compliance with the Bay Area Quality Management District in 2023. (Chris Riley/Times-Herald file)

The staff report also outlines industrial facilities subject to regulation under the ordinance. It specifies that the ordinance applies to any High Hazard Facility operating within the City of Benicia, as defined in Section 8.55.070. A “High-Hazard Facility” is classified as a “Group H” occupancy under the California Fire Code and encompasses buildings, structures, or portions thereof used for manufacturing, processing, generating, or storing materials that pose physical or health hazards in quantities exceeding the limits permitted in the California Fire Code.

While the current agreement is only between Benicia and Valero, the draft ordinance will regulate numerous other industrial facilities. Although the list of Group H high-hazard facilities in Benicia is not static, in 2023 it did list 13 businesses that were defined as Group H occupancies. Those are:

  • Valero Refinery (3400 E 2nd St)
  • Kaneka (6162 Egret Ct)
  • Ralph Pugh (3931 Oregon St)
  • Interstate Batteries (535 Getty Ct)
  • Amports (2050 Park Rd)
  • Cork Supply (531 Stone Rd)
  • Red Line Synthetic Oil (6100 Egret Ct)
  • Auto Chlor (515 Stone Rd)
  • Benicia Water Treatment Plant (100 Water Way)
  • Kwik Bond Polymers (923 Teal Dr)
  • Flavor Insights (4795 E Industrial Way)
  • Delta Tech Services (397 W Channel Rd)
  • Linde Inc (331 E Channel Rd)

The 2023 report also listed two other sites that are no longer operating in the city — Red Line Synthetic Oil and Auto Chlor.

The Tuesday meeting will begin at 6 p.m. at 250 East L Street in Benicia. It can be viewed via Zoom at us02web.zoom.us/j/88508047557?pwd=cHRsZlBrYlphU3pkODcycytmcFR2UT09. The phone number is 1 (669) 900-9128, while the Meeting ID is 885 0804 7557 and the password is 449303.

CALL TO ACTION: February 4 is Crucial for Benicia Kids’ Health and Safety

Valero’s Benicia Refinery, located near homes, schools, and parks, has placed – and will continue to place – residents at risk during dangerous incidents or regulatory violations. Despite years of accidental spills and emissions as well as many documented violations (some egregious), Valero has maintained its historic hostility to both citizen- and City-led proposals for local oversight. | Bay Area Air Quality Management District.
Benicia resident and author Stephen Golub.

 

By Stephen Golub, January 26, 2025

On Tuesday, February 4, we can help protect Benicia’s kids and grandkids and all the rest of us by attending the 6 pm City Council meeting, in person or via Zoom, to show support for the draft Industrial Safety Ordinance (ISO) that the Council will soon vote on. The measure can reduce the risks of toxic emissions, fires and explosions at the Valero Refinery and other covered businesses. You can supplement your attendance by emailing your support to Mayor Steve Young, Vice Mayor Trevor Macenski  and Council Members Kari Birdseye, Lionel Largaespada and Terry Scott, at

Why is this so vital? Well…

Imagine you had a neighbor who had a backyard business that they repeatedly said was safe. But lo and behold, you found out that for many years the business had emitted toxic fumes dangerous to the health of your kids and grandkids and yourself.

What’s more, this was by no means the only such hazardous action by them. And some such actions also pose the risk of fire and explosions.

After all this, the neighbor sends a letter that could be seen as a threat to sue you if you seek firmer guarantees than a supposed safety-enhancing understanding you two had, which in fact had failed to ensure safety from their fumes. And folks affiliated with them reject initial attempts to discuss such guarantees. (But the neighbor does buy your kids little league uniforms as a gesture of goodwill.)

Would you feel safe? Would you want more assurance to protect the kids from toxic fumes, fires and explosions?

That’s pretty much the choice Benicia faces. On February 4, the City Council will start to consider the ISO. The measure requires that the Valero Refinery and other potentially dangerous businesses provide us with more information about their operations and accidents, information that could protect our kids and all of us from dangerous emissions and potential fires and explosions.

This should be a no-brainer. Drafted with great dedication and diligence by Council Members Birdseye and Scott as well as Fire Chief Chadwick and other personnel, the ISO gives Benicia a seat at the table in knowing what’s going on.

This in turn helps prevent dangerous events. If we’d had such a seat for the past 20 years, we might have avoided 15-plus years of Valero spewing toxic emissions hundreds of times the legal limits into our air, as well as some of the numerous other violations it committed.

The need for the ISO has increased greatly recently. With a new administration in DC backed  by fossil fuel industry interests, the federal Environmental Protection Agency will almost certainly reduce its crucial role in protecting our health and safety.

Right now, all we have with Valero is a Memorandum of Understanding that the corporation can walk away from pretty easily.

The ISO  would instead be binding on and paid for by Valero and other covered businesses.

All other refinery-hosting communities in the Bay Area have such ISOs; we’re merely seeking the same sort of prevention and protection for our health and safety.

As I’ve said before, I greatly respect our valued neighbors and friends who work or worked hard at the refinery. But Valero’s Texas headquarters calls the shots. We’re the ones who suffer if something goes wrong, not those San Antonio-based  executives.

The threat of emissions, fires and explosions may seem far away. Many LA residents had similar thoughts before firestorms raced through their communities. Unlike them, we can take a specific step – the ISO – to reduce risks.

By showing up at the February 4 meeting and emailing our City Council members, we can help preserve this wonderful town that we love.

Speaking of the Council, it’s time for these dedicated public servants to stand up together for Benicians’ health and safety.

It’s time for our City leaders to lead.