By Roger Straw, Election Day, November 6, 2018
[Editor: For whatever reason, the City backed off its plan to post the video of the forum, but made DVD copies available to the public on request. This is therefore an official record of the proceedings, uploaded from the DVD by Benicia videographer Constance Beutel. Many thanks, Constance! – R.S.]
Candidates disavow Valero/Labor PAC’s offensive negative phone calls and ads
Below is the recording of the City of Benicia Open Government Commission’s “Final Word” forum held on Saturday, November 3. (Note that there is a lengthy intro with nothing happening. The meeting is called to order at 8:45.)
The Final Word Forum is convened by the City of Benicia Open Government Commission on the Saturday before an election as a means for candidates to address “last minute hit pieces.” (Municipal code ordinance 1.42.110.)
The Benicia Independent has endorsed Kari Birdseye for City Council. For more about Kari, see BirdseyeForBenicia.com.
NOTE SLOW START: The first part of this video shows nothing happening. The meeting is convened at minute 8:45, but nothing much happens until Public Comment, which begins at minute 12:28. Even then, the call for speakers doesn’t come until minute 13:33. To move forward through the video, hover your mouse at bottom and click/drag the little red ball to the right until you reach the minute you want.
NOTE ALSO:
Public Comment speakers favoring the Valero/Labor anti-Birdseye PAC run from 13:33 to 33:36. Mr. Versace, who is eventually ejected by police for misbehavior, is called to speak at minute 22:50.
At 33:50 Gigi Giblin leads off a series of speakers critical of the PAC’s hit pieces.
Rules, procedures and housekeeping begins at 51:07.
The CANDIDATE COMMENTS followed by PUBLIC QUESTIONS and CANDIDATE ANSWERS begins at 55:50.
The rich and intrusive Valero/Labor anti-Birdseye political action committee (PAC) filed new income reports with the City of Benicia on the last day before the election.
The PAC disclosed $15,000 in new contributions on 11/2 from the Boilermakers PAC, raising the total of PAC funds to $210,000. (Form 497-8)
The PAC also filed two reports (497-9 and 497-10) showing “Estimated non-monetary contributions” for the periods 10/21-10/31 ($7,812.50) and 11/1-11/4 ($4,687.50). This $12,500 donated by the State Building and Construction Trades Council of California would increase the PAC’s total funding to $222,500.
The PAC also filed two amendments. One (497-11) removes a 10/31 contribution by the Boilermakers. A previous report shows a Boilermaker contribution on that date of $15,000. The amendment shows $0. This would reduce the PAC’s total funds by $15,000, leaving a grand total of $207,500.
The final PAC report (497-12) seems only to be a confirmation or verification of the removal in 497-11.
A lot of paper-shuffling on the day before the election having to do with Boilermaker funding of the PAC. We wonder why….
Repost from KQED California Report [Editor: The anonymous Valero spokesperson’s comments quoted here amount to yet another last-minute hit-piece. The letter from which the quotes are taken is malignant with lies, and appears in the online edition of the Vallejo Times-Herald. Read this article to the end for comments by Mayor Patterson and Vice Mayor Young. – R.S.]
State Rejects Benicia’s Bid to Have Political Watchdog Investigate Valero
By Ted Goldberg, Nov 2, 2018
The Valero refinery in Benicia. (Craig Miller/KQED)
State campaign finance regulators have decided not to launch an investigation into one of the apparent tactics the Valero Energy Corp. may have used in order to influence the Benicia City Council election. The San Antonio-based oil company operates a refinery that’s one of the Solano County city’s largest employers.
City officials last month filed a complaint with the California Fair Political Practices Commission (FPPC) against the Valero refinery in connection with a series of phone calls made to Benicia residents about the election.
City Attorney Heather McLaughlin alleged that Valero sponsored a so-called push poll that may have involved a questioner laying out negative statements about one of the council candidates the company opposes, and positive ones about two candidates the company sees as allies — but did not disclose it was behind the poll during the calls.
The FPPC said Thursday it would not pursue an enforcement action against Valero.
“The Enforcement Division found insufficient evidence of a violation of the Political Reform Act,” Galena West, the division’s chief, wrote in a letter on Thursday.
The company says it’s not surprised by the FPPC’s decision.
“It only highlights the greater concern that the Mayor and Vice Mayor consistently and inappropriately use their City Council leadership positions and our city resources to advance their agenda against our company,” the refinery said in an open letter Thursday to the city’s residents.
Valero-Backed Group Spends Heavily to Sway Benicia City Council Election
The PAC is pushing to defeat Kari Birdseye, an environmentalist, and is backing Christina Strawbridge and Lionel Largaespada, to candidates the committee sees as Valero backers.
The energy company claims that McLaughlin, Mayor Elizabeth Patterson and Vice Mayor Steve Young inappropriately used city money, time and energy to go after Valero in an effort that supports Birdseye.
“The goal of these political antics is to provide the Mayor with a secure majority vote for a single minded agenda to negatively impact our refinery,” Valero said. “This is just the latest example of the Mayor using bully tactics against our company in her quest to shut down our business,” the company said.
Birdseye has been critical of the refinery and has expressed support for the mayor’s proposed safety regulations that emerged after Valero’s May 5, 2017 full-facility power outage that led to a major release of toxic sulfur dioxide.
That proposal, called an Industrial Safety Ordinance, failed at the City Council.
Strawbridge and Largaespada do not support the ordinance. The three candidates, along with a fourth candidate, William Emes, are running for two spots on the Council.
McLaughlin, the city attorney, said the city was disappointed with the FPPC’s decision but is still looking into the matter. In fact, city officials still have not been able to confirm what questions were used in the poll, she said.
On Thursday night, the Council directed McLaughlin to get a copy of the questions from the commission and Valero to determine if they violated the city’s clean campaign laws.
One of the firms Valero hired to conduct the poll, EMC, has refused to hand the questions over.
Gary Winuk, a lawyer representing EMC, argued that the poll was conducted in full compliance with federal, state and local laws. EMC does not engage in campaign advertising and the poll was not partisan, Winuk argued in a Oct. 9 letter to the city.
The poll’s purpose was to gather feedback from local voters and the company is not obligated to hand over its questions, according to Winuk.
“Professional polling companies are under no obligation to provide you with the information you requested,” he said.
Mayor Patterson and Vice Mayor Young disagree.
“We are seeking facts to determine if the polling was for or against candidates,” Patterson said.
“We respect freedom of speech even for large, mega-billion-dollar fossil fuel corporations trying to bully and buy council seats.” she said in an email.
“There is no reason why Valero or the polling company should not now agree to our repeated requests to provide a copy to the city,” Young wrote, also in an email Friday.
The latest campaign finance reports posted by the City of Benicia show that the Anti-Birdseye (Texas-Valero/Labor “Working Families”) PAC has spent additional funds totaling $57,997 on the following:
$3,283 on 11/1 for “Live Calls” scripted against Birdseye and in support of Birdseye’s opponents, and paid to Winning Connections of Washington, D.C.
$523 on 11/03 for Door Hangers opposing Birdseye and in support of her opponents.
$38,192 on 11/03 for “Canvassing” (media buys) paid to Digital Turf of Kennebunk, ME. (Previous buys paid to Digital Turf were designated “media buys”. That is likely what this report is for.)
$8,000 on 10/27 and another $8,000 on 10/30 for Mailers paid to Digital Turf of Kennebunk, ME.
The reports show cumulative PAC totals spent:
For Strawbridge, new spending of $28, 178, TOTAL of $52,652
For Largaespada, new spending of $29,819, TOTAL of $61,582
Strictly against Birdseye,$21,432.31
TOTAL PAC SPENDING TO DATE: $135,666
Compare these totals to those spent by the individual campaigns:
Strawbridge campaign, $24,354
Largaespada campaign, $14,348
Birdseye campaign, $17,076
TOTAL OF ALL THREE CAMPAIGNS, $55,778
And the PAC still has over $59,000 to spend in the last few days before the election! (LATE BREAKING – Reports indicate that the PAC most likely spent considerable additional funds on an attorney, whose letter was sent today challenging Benicia Open Government Commission’s Final Word forum. One estimate is that such a letter could cost around $20,000! More on that later…)
I’VE SAID IT BEFORE, BUT IT BEARS REPEATING: Corporations can throw their money around for and against candidates, but they don’t get to VOTE. Living, breathing humans cast ballots and make all the difference. Please vote for Kari Birdseye!
Click here to go to Kari’s campaign website, BirdseyeForBenicia.com
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