All posts by Roger Straw

Editor, owner, publisher of The Benicia Independent

Governor Newsom Convenes Special Session to Hold Oil Industry Accountable for Price Gouging

Valero’s $2.82 billion in profits were 500% higher than the year before.

Newsroom, Office of Governor Gavin Newsom, Nov 30, 2022

SACRAMENTO – As oil companies continue to evade questions about unexplained gas price increases, Governor Gavin Newsom today convened a special session of the California Legislature on December 5 to pass a price gouging penalty on oil companies that will keep money in Californians’ pockets.

The Governor’s action comes on the heels of a state hearing  yesterday – which five major oil refiners refused to attend – to investigate this fall’s unprecedented spike in gasoline prices. This spike in gasoline prices resulted in record refiner profits of $63 billion in just 90 days, disproportionately affecting low- and middle-income families.

“Big oil is ripping Californians off, and the deafening silence from the industry yesterday is the latest proof that a price gouging penalty is needed to hold them accountable for profiteering at the expense of California families,” said Governor Newsom. “I’m calling a special session of the Legislature to do just that, and to increase transparency on pricing and protect Californians from outrageous price spikes in the future.”

Governor Newsom signs proclamation convening a special session to pass price gouging penalty on oil companies

This fall’s spike occurred while crude oil prices dropped, state taxes and fees remained unchanged and gas prices did not increase outside the western U.S., so the high prices went straight to the industry’s bottom line.

The text of the Governor’s proclamation convening a special session can be found here.

During the special session, the Legislature will also consider efforts to empower state agencies to more closely review gas costs, profits and pricing as well provide the state with greater regulatory oversight of the refining, distribution and retailing segments of the gasoline market in California.

Taking action to lower prices at the pump, Governor Newsom in September ordered the switch to winter-blend gasoline and demanded accountability from oil companies and refiners that do business in California. Since California’s record-high gas prices of $6.42, the Governor’s actions have reduced those prices to $4.95 most recently – a decrease of $1.47 since the peak.

In the third quarter of 2022, from July to September, oil companies reported record high profits:

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Vallejo says it ‘inadvertently’ destroyed records in five police shooting investigations

The records were destroyed in early 2021 before their destruction was allowed under city policy.
Vallejo police officers shot and killed Mario Romero in his car on Sept. 2, 2012. The city says it ‘inadvertently’ destroyed records from Romero’s case. Photo: Vallejo Police Department.
Vallejo Sun, by Scott Morris, December 1, 2022

VALLEJO – The city of Vallejo “inadvertently” destroyed audio and video records in five police shooting investigations from the department’s most violent two-year span before the material would have been publicly released as required by law, according to the Vallejo City Attorney’s Office.

The records were destroyed in early 2021 before their destruction was allowed under city policy. Assistant City Attorney Katelyn Knight revealed that they had been destroyed in a series of emails in response to several public records requests for audio and video materials by the Vallejo Sun.

Evidence destruction logs released by the city indicate that the evidence was destroyed on Jan. 11, Jan. 13 and Jan. 20, 2021, and each item indicates that the city attorney’s office approved their disposal. The Sun requested all police shooting records in the possession of Vallejo police in early 2019.

The records could have provided insight to one of the department’s most violent and scrutinized periods, when Vallejo police killed six people in 2012. Some of the records destroyed were from one of the most controversial shootings in the department’s history: the killing of Mario Romero by Officers Sean Kenney and Dustin Joseph on Sept. 2, 2012.

Romero was sitting with his brother-in-law in a parked car when officers approached them and allegedly told them to put their hands up. Kenney and Joseph fired at the car, reloaded and fired again, only stopping after Romero slumped back into the driver’s seat. Family members who witnessed the shooting say they saw Kenney continue to fire while standing on the car’s hood. Romero was shot 30 times and died at a hospital. In 2015, Vallejo paid a $2 million settlement to Romero’s family.

The records destroyed in the Romero investigation include recordings of interviews with Kenney and Joseph, interviews with witnesses, documents from those interviews and video of officers canvassing the neighborhood for witnesses, among other evidence, according to destruction logs released by the city.

According to the city’s retention schedule, it is required to retain such records for five years following closure of the case, well short of the 25 years recommended by the state Department of Justice. In the Romero shooting, the administrative investigation was not reviewed by then-police Chief Andrew Bidou until September 2016. The city destroyed the records on Jan. 11, 2021, less than five years after Bidou’s review, while several requests for the material were pending.

Knight said that the other shootings affected were the fatal shooting of 44-year-old Marshall Tobin by Officers Joseph McCarthy and Robert Kerr on July 4, 2012; the fatal shooting of 42-year-old William Heinze by Officers Dustin Joseph, Ritzie Tolentino and Josh Coleman on March 20, 2013; the fatal shooting of 57-year-old Mohammad Naas by Officer Steve Darden on June 8, 2013; and the injury shooting of Tony Ridgeway by Officer Josh Coleman on Aug, 24, 2013.

Coleman recently testified in Solano County Superior Court that after the Heinze shooting, then-Sgt. Kent Tribble bent the tip of his badge to mark the shooting in a bar across the street from police headquarters while Joseph was present. Coleman testified that no one would be allowed to watch the badge bending ritual unless they had also participated.

Coleman has since left the department to join the Napa County Sheriff’s Office and Joseph is a police officer in Fairfield, where he has been the target of protests following the revelations that officers participated in the badge-bending tradition.

The city has also refused to release an outside investigator’s report on the badge bending ritual, leading the American Civil Liberties Union to sue the department to compel its release last week.

The destroyed records had previously been secret under state law, but became public records after the state legislature passed SB 1421 in 2018, which made investigations into police shootings public records. The city received numerous public records requests for any such records once the law took effect on Jan. 1, 2019, but it has struggled to comply and has been releasing records at a snail’s pace for nearly four years.

Knight said that the city would not destroy any further records until its public records requests are completed and that the city had taken steps to ensure that no further records are destroyed.

But Knight declined to say what steps were taken. “While we are unable to share privileged communications from our office to City Departments, the City has in place an administrative process for records management,” she wrote.

Benicia Election: Solano County certifies final results

Scott and Birdseye elected to Council, Measure K Open Space passes, Measure R Funding for Local Road Repair & Infrastructure fails

By Roger Straw, November 30, 2022

Today, the Solano County Clerk and Registrar of Voters Tim Flanagan certified the final official results of our November 8 General Election. I will detail the Benicia results below. For the full Solano County report check out these official Solano links:
November 8, 2022 General Election

OFFICIAL RESULTS – 11/30/2022 – 1:11 p.m.
Vote by Mail Ballots Issued – 260,409
Vote by Mail Ballots Processed – 112,378
In-Person Ballots Cast – 18,141
Official Election Results – Summary
Official Election Results – Precinct Report
Official Election Results – District Report
Official Results Backup Site

Benicia City Council vote

Benicia voters elected Terry Scott and Kari Birdseye for City Council 4 year terms. Both had run for Council and lost by narrow margins in recent years, but mounted strong and positive campaigns with backing from a wide variety of electeds, community leaders and local groups. For more about our new Councilmembers, see TerryScottForBenicia2022.org and KariBirdseyeForBenicia.com.

The two incumbents, Christina Strawbridge and Lionel Largaespada, ran their own campaigns, but were independently backed by a massive outlay of spending by Valero’s Benicia Refinery and some local labor groups. That PAC interference in our local elections became an issue in the campaign, and may have contributed to the incumbents’ failure to win re-election.

Detailed breakdown of City Council voting:
Scott received 235 more votes than Birdseye, who received 152 more votes than Largaespada, who received 456 votes more than Strawbridge, who received 3,160 votes more than Innes.

Click image to enlarge.

Percentages of total vote:
Scott 24.78%. Birdseye 23.75%. Largaespada 23.09%. Strawbridge 21.10%.  Innes 7.29%.

Click image to enlarge.
Measure K – Overwhelming support
By an 82% to 18% margin, Benicia residents passed Measure K, renewing the City’s Urban Growth Boundary for another 20 years. The area beyond our UGB will now be protected from development for 20 years. This means that the hills north of Lake Herman Road will be protected from development until 2043!
Click image to enlarge.
Measure R – Narrowly defeated
Measure R was the Benicia Local Road Repair & Infrastructure Measure, which would have provided the necessary funding to fix and maintain, our roads, increasing the sales tax on certain purchases made in Benicia by 3/4 of 1 cent. The measure failed by a 49% to 51% margin. Vote by mail voters approved Measure R by a narrow margin, but election day voters were strongly opposed.
Click image to enlarge.

Previous election updates on the BenIndy:

Meeting tonight – What’s the Future of Benicia’s North Side?

Virtual open house at 7 PM tonight…

City of Benicia email notice, November 29, 2022

This is a reminder that you have been invited to attend a virtual open house tonight, Tuesday, November 29th for the North Study Area visioning process. Click to join or call 1 (669) 444-9171, Passcode: 781797, for the event, which will begin at 7:00 PM. At the open house residents can learn more about the visioning process and share their ideas for the future of the property.

The City of Benicia is leading this visioning process to solicit public input on potential future land use options for a 527-acre vacant property in the northeast corner of the city. The City wants to partner with the community to envision the future of this area, which is the last remaining large tract of privately-owned undeveloped land in Benicia.

For further information visit www.northstudyarea.org. You can also contact the City about this project at northstudyarea@ci.benicia.ca.us or 707-746-4324.


CITIZEN BACKGROUND:

Following below is current information from the City of Benicia website, https://www.ci.benicia.ca.us/northstudyarea

North Study Area

The North Study Area visioning project aims to solicit public input on potential future land use options for the North Study Area property. Community input, together with an economic analysis and evaluation of the property conditions, will be used to develop several mixed-use concepts for further public review. Once completed, the landowner may determine whether to move forward with initiating land use applications which must include a “Master Plan” (i.e., Specific Plan) as required by the Benicia General Plan and Zoning Ordinance.

The study area is a 527-acre undeveloped property in the northeast corner of the city. The property is within the City’s urban growth boundary and fronts on Lake Herman Road and East Second Street.  Although a number of site development proposals have been considered over the years, most recently in 2016, none have come to fruition. The property is currently zoned Limited Industrial (IL) and General Commercial (CG).

Visioning Process

The City wants to partner with the community to envision the future of this area, which is the last remaining large tract of privately-owned undeveloped land within Benicia.

There will be a variety of opportunities to learn more about this effort and to provide feedback over the coming year. The City will solicit public input through a series of community meetings, public events, and on-line engagement opportunities. To receive the latest updates, you can sign up for project email notifications here.  The City expects to complete the visioning process by late 2023.

The North Study Area Community-Led Visioning Process is divided into the following primary tasks:

  • Existing Conditions Review: Review of background materials and existing conditions information relevant to the visioning process.
  • Economic Analysis: Analysis of real estate market conditions, financial feasibility of land use alternatives, and net annual fiscal impacts of land use alternatives.
  • Issues and Options: Evaluation of key issues and options associated with development options.
  • Mixed-use Concepts: Consideration of alternative land use concepts for the property.
  • Summary Report: Summary of public input received and areas of consensus that emerged from the visioning process.

Advisory Group

The City has formed an advisory group for the North Study Area project to help distribute information about the project, provide feedback on project materials, and to bring together diverse community perspectives. The advisory group consists of one representative selected by each of the following City committee/commissions and community organizations.  Meetings are open to the public.

City Committees/Commissions:

  • City Council Subcommittee for the North Study Area (2 members)
  • Economic Development Board
  • Community Sustainability Commission
  • Committee United for Racial Equity
  • Planning Commission

Community Organizations:

  • Benicia Chamber of Commerce
  • Benicia Industrial Park Association
  • Matthew Turner Elementary Parent Teacher Group
  • Sustainable Solano
  • Benicia Unified School District
  • Housing First Solano

Project Documents

To be added as materials become available.

Advisory Group Meeting 1 (11/9/2022)

Agenda

Memorandum

Presentation

Existing Conditions Maps

Priorities

Background Documents

Adopted City Plans and Policies

Studies and Reports

Moving Solano Forward II – Final Report (2017)