Contra Costa Herald

News Of By and For The People of Contra Costa County, California

Complaint filed against BART claims Warriors’ Draymond Green ad supports Measure RR

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Screenshot of an ad featuring the Warriors' Draymond Green supporting BART submitted as evidence for the complaint.

Screenshot of an ad featuring the Warriors’ Draymond Green supporting BART submitted as evidence for the complaint.

BART says ad was paid for by the Warriors

By Allen Payton

Another campaign trick was played on Halloween, when Lafayette attorney Jason Bezis filed a complaint against BART for using public funds, on Monday, October 31st. He claims the government agency is using public funds to promote the bond Measure RR on the November ballot. fppc-complaint-against-bart-re-measure-rr-first-supplement-oct-31-2016

In an email about his complaint, Bezis wrote, “I just filed a complaint with the FPPC about BART’s video using Draymond Green of the Golden State Warriors to promote Measure RR ($3.5 billion BART bond measure).  I argue that BART is illegally using public resources to influence voters to vote yes on Measure RR.”

Bezis’ complaint states, “complaint concerns BART public resources used illegally to plan, produce and publicize a video featuring basketball player Draymond Green of the Golden State Warriors to promote Measure RR. On Friday, October 28, 2016, BART released a 31-second video titled ‘Draymond Says’ and an accompanying ‘news article,’ YouTube post, Facebook post, and Twitter post to promote the video. The BART video, BART World Web (sic) [Wide] Web homepage, BART ‘news article,’ BART YouTube post, BART Facebook post and BART Twitter post all contain the message ‘BART needs to stay safe and reliable.’

These communications paid for with public moneys by BART, a local governmental agency, unambiguously urge a particular result in the November 2016 election: they urge ‘yes’ votes for Measure RR, referred to on the ballot as ‘BART Safety, Reliability and Traffic Relief.’ These BART communications constitute ‘contributions’ or ‘independent expenditures’ benefiting the Yes on RR campaign (FPPC ID#1381218), officially named the ‘Committee to Keep BART Safe and Reliable,’ which uses the phrase ‘Keep BART Safe and Reliable’ in its campaign logo.”

Bezis then offered what he wants BART to basically admit they’re using public money to campaign for the ballot measure and to file the necessary finance reports for the expenditures.

His complaint concludes with the following:

“As BART has engaged in campaign activity, pursuant to Regulation 18420.1(f), the FPPC should require BART to file the necessary campaign finance reports for the direct and indirect costs of its campaign activities relating to promotion of Measure RR on the November 2016 ballot in Alameda, Contra Costa and San Francisco counties. BART needs to publicly disclose the value of public resources that it expended for campaign activities supporting passage of Measure RR as either a contribution to Yes on RR campaign or as an independent expenditure supporting Measure RR. For the “Draymond Says” video, BART needs to report as campaign activity the costs of planning the video, production of the video, and promotion of the video via YouTube, Twitter, its internet homepage, its BART “news article,” and by other means of publicity. If Draymond Green is a “paid spokesperson” for BART, then a Form 511 report must be filed.”

Bezis also provided evidence to support his complaint, which can be seen below.

When reached for comment BART Board Director Joel Keller responded “The complainant believes the District used public funds to promote a ballot measure and has filed a complaint with the Fair Political Practices Commission (FPPC). There is a fine line between education and advocacy and it is appropriate to wait for the FPPC’s response before discussing the merits of the complaint.  However, as a supporter of the Dub Nation and admirer of the heart and intensity of Draymond Green’s play, it’s too bad that the motivation for the video about the Warriors and BART has become controversial because it is a slam dunk.”

Kerry Hamill, BART’s Assistant General Manager for External Affairs said “We have had an ongoing relationship with the Golden State Warriors for years at BART.”

“We provide extra service to their games,” she continued. “They promote BART in a variety of ways, like this video, which they showed at one of their last pre-season games.”

“We did not pay for it. The District absolutely did not pay for it,” Hamill reiterated. “It’s the Warriors’ video and they used it to show during their pre-season game. They let us use it for BARTable, which is a website and a newsletter that promotes off-peak ridership to various games, activities, shows and festivals.”

“I really want the Warriors to be applauded for encouraging people to take BART to the game and get cars off the road,” she said. “It’s a lot safer and smarter to take public transit to a game, when you’re going to drink and party.”

“The Warriors and BART shouldn’t be attacked for promoting taking transit,” Hamill added. “People should take BART to the game.”

A source within the Yes on RR campaign said that “Bezis has a pattern of filing these complaints. He did this several times against the Measure BB campaign in 2014. The FPPC declined to even investigate them.”

The FPPC has 14 days to decide if they intend to investigate the complaint, refer the complaint to another agency, take no action either because the Commission doesn’t have the authority or the allegations do not warrant any further action.

The election is Tuesday, November 8th.

exhibit-7-yes-on-rr-mailer-keep-bart-safe-reliable

exhibit-8-yes-on-rr-campaign-web-ads

Twitter page promotion.

Screenshot of BART’s Twitter account promotion.

BART Facebook page with the Draymond Green ad.

Screenshot of BART’s Facebook page with the Draymond Green ad.

Screenshot of BART's homepage featuring the phrase "Better BART."

Screenshot of BART’s website homepage with a link to the Draymond Green video.

Screenshot of BART Youtube video.

Screenshot of Draymond Green video on BART’s Youtube channel.

 

Former Supervisor files complaint against Avila Farias for using public time for private purposes, she says she’s a contract employee

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By Allen Payton

Former Supervisor Tom Powers chose a trick rather than a treat for candidate for District 5 Supervisor, AnaMarie Avila Farias, on Halloween. In an email on Monday, October 31st, Powers provided a copy of a letter regarding a “Timecard Fraud Complaint Sent to District Attorney’s Office – Misuse of Taxpayer Funds to Be Investigated” against the Martinez Councilwoman. da-complaint-re-avila-farias-10-31-16

His email message read:

“Today I personally delivered the attached letter to District Attorney Mark Peterson’s office (at 3:18 pm PST) requesting an official investigation in to Anamarie Avila Farias’s official use of her time and resources at her Section 8 government job at the Contra Costa Housing Authority.

It has been brought to all of our taxpayers’ attention that on numerous times her officially signed government timecard indicates she has been at work, being paid by taxpayers to be at work, but Ms. Farias has actually been elsewhere conducting her own personal business. In fact, one of the weeks she officially signs her timecard saying she is at work, her Facebook Posts (since deleted) actually indicate she is out of the country in Vancouver, British Columbia.

Using government time or resources for personal purposes is unlawful and, on behalf of County taxpayers, I am asking the District Attorney’s Office to conduct a full investigation of Ms. Farias’ potential misuse of taxpayers funds.”

In addition, Powers provided additional documentation to support his complaint.

When asked for a comment on the complaint, Avila-Farias responded with the following statement:

“When the political machine is threatened, they strike out like a cornered snake. This filing with the District Attorney is an attempt at an October surprise, trying to entice this law enforcement agency to back up their bogus claims.

Tom Powers, a longtime Contra Costa County power broker who is actively defending the incumbent Supervisor Federal Glover because he fears the loss of control if the Board of Supervisors is governed by the people and for the people.

False and misleading attacks like this have no place in our county’s campaigns.

I am an Independent Contract Employee. My job demands a non-traditional, flexible schedule. My hours are my own to determine. End of story.

My commitment, integrity and dedication to my job and hours worked to provide housing options for Contra Costa families has never been questioned by my employer.

This is a non-story generated by the sleazy political machine in this county desperate to protect their longtime champion – Supervisor Federal Glover. They want to talk about anything other than Federal Glover’s vote to increase his own pay 33%, lack of engagement in the District and his consistent support for insider deals for Contra Costa County contractors.”

The election is next Tuesday, November 8th.

College board president writes to support Burgis for Supervisor

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Dear Editor:

As an educator, I have seen Diane Burgis fight for all of Contra Costa’s students. She is a mother, a mentor and an environmental nonprofit leader who takes the time to develop young new talent. She knows the importance of a great education and how that helps create a strong local economy.

We all want our children to have a bright future. We also know a strong education is the cornerstone of our economy. Our community college system has worked diligently to partner students up with local businesses and organizations for hands on career opportunities. But to provide more of those career opportunities to our students, we need a strong local economy and a county that prioritizes career technical education and other educational opportunities.

Diane is a strong independent leader who brings different people together to find solutions. She has made it a priority to work on building our economy – creating jobs and opportunities for all county residents. As a County Supervisor, Diane will continue her work. Please join me and other educators in supporting Diane Burgis for County Supervisor in District 3.

Vicki Gordon

Contra Costa Community College District Board President

Writer opposes East County fire district utility user tax Measures Z, A, E and G

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Dear Editor:

I urge Brentwood and Oakley voters to vote NO on Utility User Tax Measures Z and A, and E and G, respectively, proposed as solutions to rescue our inadequately funded East Contra Costa Fire Protection District (ECCFPD).

Last week’s editorial by the publisher of The Press newspapersurged us, as residents and citizens, to take responsibility for the safety of our community and families by voting “yes” on the Utility User Tax.  I found the suggestion somewhat offensive. Newsflash – we already have taken responsibility.

We pay extremely high property taxes, which if properly allocated, should provide first and foremost, for public safety. What is more important than this? How about asking our elected officials and those charged with this responsibility to step up to their responsibilities and to right the wrongs that have impacted on public safety.

Property tax allocations for our fire district were set in concrete back in the 1970s, when East County fire protection was provided primarily by volunteer firefighters for a sparse population in a rural area. But times have changed dramatically!  Unfortunately, there was no provision in the law to revisit those allocations.

So today, as then, ECCFPD gets about 7% of property taxes from taxpayers within its district, compared to an average of more than 12% that the other fire districts in the county get. (Some of the fire districts receive as much as 21% and 30% from property taxes.)

During all these years, the almost 30 public agencies that get a share of the property taxes from taxpayers within the jurisdiction of the ECCFPD have been receiving more funding than they would have gotten had the fire district received enough revenue to provide adequate services for today’s needs. It would seem these agencies now need tostep up to the plate and allocate some of their funds to protect their community.

And yes – it can be done legally.  The first step is to use the provisions for exchange of funds under Section 99.02 of the Revenue and Taxation Code.  For those who continue to criticize reallocation proposals as illegal, see page one of The Press last week which describes how tax funds from the Byron Bethany IrrigationDistrict were transferred to our fire district.

And how about the “one-time” extra funding given to ECCFPD last year, by the cities of Oakley and Brentwood and the County Board of Supervisors to open an additional fire station until mid-2017?

So, stop using the erroneous excuse that reallocation is illegal.  County Controller Bob Campbell has verified he can act quickly to begin reallocation.

Next, school districts regularly pay for various expenses through line items in their budgets – so why not a budget item to pay something for emergency and fire protection for students and property?  The Liberty School District already has a $355,000 line item for police resource officers on their campuses.

Finally, our state legislators must introduce and pass legislation necessary to enable property tax reallocation – to provide for a re-look at the almost 40-year old allocations, in light of today’s needs and changing future needs.

This whole process should have been started long ago.  The ECCFPD did not fall into dire straits overnight. We rely on those we elect to represent us and those appointed to serve us to identify and resolve problems within their purview, and if need be, bring the issues to those who have the power to resolve them. Where have they been as our situation deteriorated? And, continually asking the taxpayers for more money doesn’t count!

We can’t put off a permanent resolution of the revenue problem for ECCFPD any longer – it must start now.

We, the voters, must send a strong message to the political powers that be – no more new taxes. A “no” vote on the Utility User Tax Measures will send that message and pressure officials to act on the reallocation process now.

Finally, the suggestion that these new Utility User Taxes will go away in the future, when other funding comes through, is a fantasy.  When has that ever happened?

Patricia Ziobro

Bethel Island

Local magazine publisher, an LMC professor writes to support Burgis for Supervisor

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Dear Editor:

As an Oakley resident and small business owner for the last five years, I have seen Diane Burgis’ leadership on many local issues. From her time as an Oakley City councilmember to watching her get sworn in as an East Bay Regional Parks District Board member at Dunsmuir in Oakland, Diane always demonstrates a unique skill in joining different groups to solve problems and get things done.

I’ve been an East County resident for over 28 years and have known Diane Burgis for almost 10 years.

Diane knows what small businesses need to succeed, because she was a small business owner herself. She has built a business, balanced budgets and knows first-hand the tremendous struggles and rewards of being a small business owner. This experience will be essential when she takes the reign of our region’s complex economy. I’m confident she will responsibly and diligently develop our county while promoting jobs based in growing industries.

Diane’s time as a small business owner and a nonprofit director has given her the skills and talent needed to build the consensus necessary to make the economy thrive. Diane is no stranger to hard work; she’s always ready to roll up her sleeves and get work done.

I am voting for Diane Burgis for County Supervisor and I support her platform, goals and enthusiasm to make progress for all of us. Please join me in casting your vote for Diane Burgis on Nov. 8.

Charleen Earley

Publisher & Founder, Delta Living Magazine

Professor, Los Medanos College

Oakley

Trying to scare up more votes, Contra Costa Elections Office gives residents more options, as early voting starts today on Halloween

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Regional Early Voting sites provide flexible timing and locations to cast ballots Contra Costa County voters don’t have to wait until Election Day to vote in person.

The Contra Costa Elections Division is hosting seven Regional Early Voting sites throughout the county, starting Monday, October 31st.

All registered Contra Costa voters will be able to obtain a ballot and vote at any of the locations. They will be open from 11:00 am to 7:00 pm Monday October 31st through Friday November 4th, and 8:00 am to 5:00 pm Saturday, November 5th.

“We continue to seek ways to make voting more convenient for our voters,” said Joe Canciamilla, Contra Costa County Registrar of Voters. The night and weekend hours are aimed at making it easier for those Contra Costa voters who commute or want to vote at a convenient site before Election Day, Canciamilla said.

“We have seen the use of our early voting sites double and expect the trend to continue,” Canciamilla said.

Regional Early Voting sites are structured so that any registered Contra Costa voter can vote at any of the locations. For example, a Concord resident who works at Bishop Ranch in San Ramon can vote at the site in either of those cities.

The sites are geographically balanced and are located in convenient, accessible locations.

  • Golden Hills Community Church, 2401 Shady Willow Ln., Brentwood
  • Bay Hills Community Church, 4100 Klose Way, Richmond
  • Lafayette Library and Learning Center, 3491 Mt. Diablo Blvd., Lafayette
  • San Ramon Community Center at Central Park, 12501 Alcosta Blvd., San Ramon
  • Pittsburg Library Community Room, 80 Power Ave., Pittsburg
  • The Salvation Army Church, 3950 Clayton Road, Concord
  • El Cerrito City Hall, 10890 San Pablo Ave., El Cerrito

For more information on Regional Early Voting, visit www.cocovote.us/vote-early.

Martinez councilwoman writes to support Glover for Supervisor

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Dear Editor:

As an 18-year employee of Contra Costa County and a 14-year member of the Martinez City Council, I have a unique insight into the two candidates for the District 5 Supervisor race, having worked with both for several years.  Consequently, I am supporting Supervisor Federal Glover.

Federal has demonstrated over many decades in office the ethics and temperament to be an effective leader; people trust him, unlike his opponent. He builds strong, lasting relationships and coalitions, proving that achievement takes collaboration and is built on shared goals and values—not mega-doses of ego or backroom dealings. Federal is a true public servant who believes in good governance and the causes he champions; not someone bent on using their position and influence to “feather their own nest,” climb the political ladder, or take care of their special interests. Federal also has a record of accomplishment and exciting initiatives for the future—not just campaign promises and empty slogans.

On the Board of Supervisors, Federal made tough decisions during the Great Recession, resulting in the County’s “AAA” financial rating, which should not be entrusted to someone with a record of bouncing checks and filing bankruptcies. Federal has demonstrated leadership on public safety issues including gang violence reduction. And I am inspired by the infrastructure projects Federal has advanced that will have a profound impact on our City, as well as the Northern Waterfront Initiative.

For these reasons and many more, please join me in voting for Federal Glover for District 5 Supervisor.

Lara DeLaney

Martinez City Councilmember 2002-present

Contra Costa voter information is just a text away

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County Elections Office utilizing texting technology to make information more accessible

The Contra Costa Elections Division has a surefire way for voters to access information that is sure to get a thumbs-up from those on the go.

Contra Costa residents can simply text the word “Contra Costa” to “2Vote” (28683) on their smartphones, and receive a reply text with a link to quick look-up tools on the Elections Division website.

“We are excited to add this new service for our voters to quickly and easily access our services,” said Joe Canciamilla, Contra Costa’s Registrar of Voters.

Texters will be able to find out more about our Regional Early Voting program, find their polling place, view a sample ballot, learn how to vote-by-mail or volunteer to be a poll worker on Election Day.

They can also view our full mobile-friendly website and find more information about the upcoming election.

The Contra Costa Elections Division worked with Georgia-based Global Mobile to develop the service.

“Our company is really excited to work with such a progressive, forward thinking county,” said Lee Durham, the chief executive officer of Global Mobile. “This is the easiest way to connect, especially for millennials and Gen-Xers who want instantaneous information.”

Besides texting, you can find out more information about the upcoming November 8th General Election by calling 925-335-7800 or visiting the Contra Costa Elections website at www.cocovote.us.

State Senator Glazer endorses transportation funding Measure X

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State Senator touts “local control and strict accountability” as key elements that earned his support

On Friday, State Senator Steve Glazer announced he was joining a broad coalition of Contra Costa leaders in supporting Measure X, the countywide transportation measure.

“I’m pleased to join with the Contra Costa Taxpayers Association in supporting Measure X. This measure will improve all aspects of our transportation network in Contra Costa County with local control and strict accountability,” said Glazer. “It is being managed by an agency with a successful track record of delivering road and highway projects on time and under budget. I urge Contra Costa residents to join me in voting Yes on Measure X.”

Senator Glazer joins a growing and diverse coalition of people throughout Contra Costa County who are supporting the measure that includes every local city, the East Bay Times, and Contra Costa Taxpayers Association.

“In a year of divisive politics and a contentious election season, Measure X is something we can all agree on,” Glazer noted. “More than 50 elected officials came together to ask me to join them in supporting Measure X. This is the kind of consensus building we need.”

“From business to labor, environmentalists to home builders, Democrats to Republicans, everyone is coming together to support Measure X,” said Clayton Councilmember Julie Pierce, who serves as Contra Costa Transportation Authority Commissioner and Association of Bay Area Governments President. “We listened to the public and created a plan that will help get Contra Costa moving.

Metropolitan Transportation Commission Member and Orinda Councilmember Amy Worth said,

“Measure X will have a profound effect on our regional economy and will help get people where they need to go a little faster.”

Senator Glazer joins Congressmembers Mark DeSaulnier and Eric Swalwell, Assemblymembers Susan Bonilla and Jim Frazier, all 19 Contra Costa city councils, the Contra Costa Taxpayers Association, the Contra Costa Democratic Party, Bike East Bay, the East Bay Times, the San Francisco Chronicle, and hundreds of other community leaders who are supporting Measure X.

Measure X is on the November 8 ballot and will generate $2.9 billion of local funding for transportation over the next 30 years. In addition, it will attract tens of millions more in state and federal matching dollars for transportation projects in Contra Costa County. Measure X builds on the success of earlier voter approved transportation measures managed by the Contra Costa Transportation Authority which brought the fourth bore of the Caldecott Tunnel; BART extensions; highway improvements on 24, 4, 80, 680; and money for every city to fix and maintain local roads and fill potholes. Measure X has strong accountability measures requiring independent oversight with financial and performance audits.

For more information about Measure X and a complete endorsement list, go to GetContraCostaMoving.com.

Congressman DeSaulnier Awarded High Marks from the League of Conservation Voters

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Washington, DC – Congressman Mark DeSaulnier (CA-11) received a 97% score from the League of Conservation Voters (LCV) on its 2015 National Environmental Scorecard. The high score reflects his record of fighting for important issues, including energy, global warming, public health, public lands and wildlife conservation, and supporting environmental programs during his first session of Congress.

“Preserving our planet’s natural resources for generations to come has been one of my priorities since serving on the California Air Resources Board in the 1990s. It is an honor to be recognized by the League of Conservation Voters for my environmental work, and I will continue to work with the LCV to promote policies that address climate change and protect public health while strengthening our economy,” said Congressman DeSaulnier.

“The 2015 Scorecard shows that our cornerstone environmental standards are under attack more than ever before,” said Gene Karpinski, President of the League of Conservation Voters. “Thankfully, Congressman DeSaulnier is helping lead the charge against these extreme attacks. His stellar record during his first year in the U.S. House builds on his strong record at the state-level fighting to protect the air we breathe and confront the climate crisis and we look forward to continue working with him.”

LCV’s National Environmental Scorecard ranks 35 different votes to provide objective, factual information about the most important environmental legislation considered in the 114th Congress and the corresponding voting records of all members of Congress. The Scorecard represents the consensus of experts from approximately 20 respected environmental and conservation organizations who select the key votes on which members of Congress should be scored.

The full scorecard can be found here.

Congressman Mark DeSaulnier also has earned a lifetime score from the League of Conservation Voters of 97%.