On the Memorial Day holiday on Monday, May 27, 2013, BART will run on a Sunday schedule, meaning service starts around 8 am.

In addition, because it is a parking holiday, parking permit and fee requirements are not enforced in station parking facilities that day, excluding APLT Airport / Long Term Parking Permit reservations. For more info on parking go to www.bart.gov/parking.

Various track maintenance work is being done around the BART system that may affect some trips; for more detail see separate passenger bulletins posted at www.bart.gov/news or sign up to receive BART Service Advisories for delay notices.

To sign up for BSAs, please visit us on the web at www.bart.gov/advisories. You may also call 511 to get up-to-date service information.

By James Ott

Come November Antioch voters might have their choice of no less than two measures that aim to hire more police and code enforcement officers to help curb crime in the city.

At their May 14 meeting city council members voted to introduce a half cent sales tax measure to the upcoming ballot after a survey of 400 Antioch voters showed that a majority of those polled were very concerned about crime in the city and would support such a measure to fix the problem.

The council also directed staff members to work with a citizens group to place a second tax measure on the ballot that has seen a lot of support from Antioch residents recently. The measure would tax local landlords about $240 a year for their rentals and the money would also go to help police and code enforcement agencies in the city.

“I’d say we need to put both [tax measures] on the ballot,” said Mayor Wade Harper.

The council leaned toward placing both measures on the ballot despite survey conductors EMC Research suggesting that it might be confusing to voters if there are two measures aimed at accomplishing the same goal on the same ballot.

“In our experience having too many measures that are trying to accomplish the same thing can be confusing to the voters,” said EMC Research Consultant Ruth Bernstein. “I can’t say it as a guarantee…but they might think rather ‘why are they talking about the technicalities [of two measures] instead of focusing on the solution?’”

Bernstein also cited her company’s survey which showed that while a very strong 67 percent of voters would vote yes or are leaning toward voting yes on the half cent sales tax measure only 35 percent felt the same way about the proposed rental tax measure.

City council members like Gary Agopian however thought that the poll focused too much on the half cent sales tax measure and didn’t really reflect the large amount of support he has seen growing for the rental tax measure.

“I’m a little bit concerned that we didn’t dig a little deeper on the business license [rental tax measure],” said Agopian. “In the survey we got a lot of different looks at the half cent sales tax side yet here we have just a couple of different general questions [about the rental tax] and no specific numbers or why it would be valuable.”

Despite what the survey said, several citizens at the meeting showed up to voice their support for the rental tax measure, many of them participants in the Saturday Morning Breakfast Club – members of which presented their own ballot measure to the city during the meeting and are going out to collect signatures of support.

One of those club members is former Antioch mayor Don Freitas who said that there is a large amount of support for the rental tax measure among Antioch voters and that the survey’s questions were confusing, leading to misinformation and skewed results about the subject.

Freitas like many other supporters of the rental tax prefer to call it a “business tax” because they see rental properties as a business that is currently making revenue in the city tax free.

In the end the council showed some faith in both measures the half cent sales tax measure on the ballot and directed staff to help the Friday Morning Breakfast Club with their ballot proposal and their signature gathering.

There was some hope at the meeting that if they were given enough clear information perhaps Antioch residents would vote for both measures and provide sorely needed revenue to a city that facing a $3.6 million dollar deficit and a $13 million drop in their general fund revenues over the last five years and has lost 40 percent of their staff as a result. City Manager Jim Jakel calculated that Antioch would need $11.3 million in additional moneys every year for the city to get back to pre-recession service levels for its citizens.

The half-cent sales tax is expected to generate about $3.8 million a year while rough estimates for the rental tax peg it at $2.6 to $2.8 million dollars a year.

The good news for both ballot measures is that research seems to show that Antioch residents are very concerned about public safety and a lack of money at the city and seem to be willing to pony up the funds if they believe it will help those areas of concern.

EMC Research’s survey showed that 65 percent of residents feel that crime, drugs, violence and a lack of police are the biggest areas of concern in the city – the very two areas that both ballot measures seek to remedy.

“We’re not seeing what we see in other cities where jobs and the economy are the main concern,” said Bernstein. “Overwhelmingly it’s crime and lack of police that bother Antioch residents and we see a willingness to put their money where their mouth is.”

Private sector leader Tom Terrill to succeed Linda Best as CEO this summer

Following the unanimous endorsement of the Contra Costa Council Board of Directors at the April 19 board meeting, and approval earlier this month by the broader membership, the Concord-based Contra Costa Council has changed its name to the East Bay Leadership Council (EBLC). The new name reflects a broader geographic scope of the private-sector, public-policy organization and the influence of the Council as a whole. In recent years, the Council has adopted a regional approach in its task force work and public policy considerations, which suggested a logical extension down the I-680 corridor to the Tri-Valley, including the Amador, Livermore and San Ramon valleys.

Tom Terrill, a recognized private-sector leader in regional economic development and real estate development, has been named to succeed Linda Best as president and CEO of the Council. (He will also succeed Best as executive director of the Contra Costa Economic Partnership, the nonprofit arm of the Council and a coalition of business and government leaders dedicated to creating and retaining quality jobs in the region.) Best announced in February that she would retire this summer.

“We are pleased to welcome Tom Terrill in a new leadership role for the Council and the Economic Partnership,” said Council Chair Bob Brown. “As a respected associate, past Council chair and regional business leader, Tom has extensive experience in economic development and working with complex government/community development issues. We believe he is the best person to fill the large shoes that Linda Best leaves. We are fortunate to have such leaders in our region, and we thank Linda for her great dedication and contribution to regional vitality.”

Council Chair Brown appointed a Visioning Committee last July, chaired by 2012-2013 Council Chair David Bowlby, to consider a name change that reflected the Council’s regional orientation and to conduct outreach with community and business leaders in the Tri-Valley. Committee members met with Chamber of Commerce executives of Dublin, Pleasanton and Livermore, and the Innovation Tri-Valley Leadership Group. They also met with leaders of the Tri-Valley Business Council, which will now be formally integrated into the East Bay Leadership Council.

“We took a deliberative approach in our due diligence, and received a very warm response from Tri-Valley leaders, who agree that we have many issues in common, including transportation, workforce development, permit streamlining and CEQA reform,” said Brown. “We believe the region can benefit from our organizations working together on these important issues. With redistricting, we now share several elected representatives at state and federal levels.”

AJ Major, chairman of the Board of the Tri-Valley Business Council, stated, “The East Bay Leadership Council is a prestigious body, and we look forward to having this organization be the new base for initiatives previously undertaken by the Tri-Valley Business Council so that, together, we can realize an even greater future for our region and our communities.”

“We are very excited about working with the Council’s leadership and integrating with its task forces on the many issues we share,” said James Paxson, general manager of Hacienda, Pleasanton, and Tri-Valley Business Council board member.

About Tom Terrill and Linda Best

Tom Terrill has extensive experience in economic development and working with complex government/community development issues. He has owned his own investment development company since 1997, been in the commercial development industry for 35 years, and has worked extensively in both Contra Costa and Alameda Counties. He has also been very involved with both the Contra Costa Council and Contra Costa Economic Partnership for many years, serving in leadership positions, including chair, in the 1990s.

Terrill devotes significant time to volunteer and community activities. He recently served as a member of the Blue Ribbon Task Force on Long Range Fiscal Strategies for the City of Walnut Creek. He often teaches urban and real estate economics at Saint Mary’s College and guest lectures at the Fisher Center for Real Estate & Urban Economics at the Haas School of Business, UC Berkeley. A member of the Urban Land Institute, he has been involved with UrbanPlan, a course curriculum used in high schools and colleges. Terrill has also served as president of the Walnut Creek Education Foundation. He is a graduate of UC Berkeley with a degree in economics.

Linda Best has been Council president and CEO for nine years. She serves on the boards of John Muir Health, Opportunity Junction, and STAND! For Families Free of Violence. She was honored as “Woman of the Year for the 15^th Assembly District” in 2011 and was named “one of the Bay Area’s most influential women in business” by the San Francisco Business Times in 2009 and 2010. Best says she will continue her interest in the work of the Council. She also looks forward to spending more time with family and on nonprofit boards on which she serves.

About the East Bay Leadership Council (formerly the Contra Costa Council): The Council, also referred to as the EBLC, is a private sector, public policy organization with a membership that includes business, nonprofit organizations, government, education and labor. The mission of the Council is to provide advocacy on public policy issues affecting the economic vitality and quality of life in the Greater East Bay region. For more information, see www.eastbayleadershipcouncil.com.

Washington, D.C. – Congressman Jerry McNerney (D-Stockton) today heralded the House Appropriations Committee’s inclusion of his recommended action to direct the U.S. Department of Veterans Affairs (VA) to address the backlog of disability claims at its regional offices across the country.  Congressman McNerney asked that any regional office with an average wait time for pending claims of 200 days be required to provide quarterly reports to Congress in order to increase oversight and accountability for reducing the backlogs of claims.  He wrote a letter detailing this request to the Subcommittee on Military Construction, Veterans Affairs and Related Agencies that gained vast bipartisan support.

“The backlogs we currently see at the Oakland regional office and other VA offices across the country are unacceptable.  We need to take steps to hold the VA responsible for providing the benefits and services that our veterans have earned and deserve.  It is my hope that we will see concrete results.  It is a simple matter of doing our best to provide for the men and women who have sacrificed so much to preserve our way of life,” said Congressman McNerney.  “Accountability and oversight are a critical component to ensure that the backlog finally gets addressed.”

The portion of the committee report that was included at Congressman McNerney’s request reads:

—The Committee finds the VBA back-log in processing disability compensation claims unacceptable. Although for years the Committee has fully funded the President’s budget request for additional staffing and increased information technology funding for the Veterans Benefits Management System (VBMS), the claims backlog continues to grow. Backlog as defined by the Department is the number of claims taking more than 125 days to process. The most recent data indicate that the average number of days to process a claim is 292, with averages in some regional offices exceeding 450 days. Currently, 69 percent of the VA compensation caseload is backlogged, although VA estimated in its 2013 budget the percentage in backlog would be 40 percent in 2013. The Committee understands the VA believes the agency will be able to process claims within 125 days by 2015 when the VBMS is fully operational. While the Committee supports the use of technology to improve performance, the Committee is highly skeptical that the VBMS system will be able to eliminate these enormous backlogs by 2015. Therefore, the Committee intends to initiate a new level of oversight to ensure that it has monthly information identifying the changes in timeliness occurring at each of the 56 regional offices. As of the date of the publication of this House report, the Department is instructed to provide the Committee each month, ten days after the prior month has ended, a report that identifies for each month cumulatively throughout the fiscal year, both nationally and for each regional office: (1) the average number of days disability compensation claims are pending; (2) the share of the rating inventory that has been pending more than 125 days; (3) the rating claims accuracy on a three-month average; and (4) the month-to-month change in these indices, both by numeric value and percentage. The report may be in spreadsheet format. In addition, for each regional office with an average number of days pending for disability claims in excess of 200 days, the Department shall report to the Committee on a quarterly basis the actions taken, such as increases in claims processor FTE, staffing transfers, additional training, and technology adaptations, within the last quarter to reduce the backlog. While these reports are for the use of the Appropriations Committee, they are to be made available by the VA Office of Congressional and Legislative Affairs to any Member of the House of Representatives upon request.

The letter Congressman McNerney sent to the Appropriations Subcommittee on Military Construction, Veterans Affairs and Related Agencies can be read by clicking here: 4.23.13 VA Oversight.

AB 1113 Will Help Prevent Future Automobile Accidents, Injuries and Fatalities

SACRAMENTO, CA – The California Assembly gave final approval to Assembly Bill 1113, introduced by Assemblymember Jim Frazier (D–Oakley), which will add restrictions on California’s provisional licensing law.

The provisional licensing program was designed to protect young, inexperienced drivers by giving them more time to gain driving experience prior to full licensure. The program has been effective in reducing novice driver accidents, deaths, and injuries; however, a significant safety problem still remains for teenage drivers.

Motor vehicle crashes are the leading cause of death for teens in the United States. Teen drivers have the highest rate of involvement in crashes that result in the death of other people, such as their passengers, pedestrians, or drivers and passengers in other vehicles. “I am all about saving lives and this will establish better safety practices for inexperienced teen drivers, helping to prevent unnecessary motor vehicle fatalities throughout California,” said Frazier.

AB 1113 seeks to strengthen California’s provisional licensing law by requiring that the provisional driver’s license remain in effect until an individual reaches the age of 18, lowers the current nighttime driving restriction from 11:00 p.m. to 10:00 p.m., modifies the age restriction on the transporting of passengers from 20 years of age to 21 years of age, and increases the 6-month learner permit requirement to 9-months.

The bill passed with bipartisan support and now proceeds to the Senate for further consideration.

For more information or to RSVP, please visit www.asmdc.org/members/a11/ or call Jim’s district offices at 707-399-3011 or 925-778-5790.

After months of negotiations, Sheriff Livingston set to announce new policy on limiting cooperation with Secure Communities Program

By the Contra Costa Interfaith Supporting Community Organization (CCISCO)

As the TRUST Act moves through the California legislature, the office of Contra Costa Sheriff David Livingston will be participating in a community forum on Thursday, May 23, 2013 to announce a new policy that will limit the County’s cooperation with the controversial “Secure Communities” program which critics charge has resulted in the unnecessary separation of hundreds of thousands of families over the past five years.  Contra Costa County has one of the highest rates of immigrant detention in California and has had the highest rate of non-criminal deportations in the Bay Area.

WHAT:  Public Forum to Announce New Detainer Policy in Contra Costa County

WHO:  Representatives of Contra Costa Sheriff’s Office; clergy; over 200 community leaders; law enforcement officials; public officials

WHEN:  Thursday, May 23, 2013 at 7:00pm

WHERE: Community Presbyterian Church of Pittsburg, 200 E. Leland Road, Pittsburg

BACKGROUND:  After more than twelve months of organizing and negotiations, Contra Costa Sheriff David Livingston has agreed to implement a new policy that will limit the level of cooperation with the federal Secure Communities program.  The new policy is being lauded as one of the fairest in the state of California and signals growing support among law enforcement officials to re-examine their cooperation with the controversial federal immigration program which has resulted in hundreds of thousands of deportations over the past five years.  The announcement comes at a critical moment as the California legislature is debating a similar proposal that would enact similar restrictions on local cooperation with the federal program.  California Governor Jerry Brown vetoed the TRUST Act last October and cited the need for more support from law enforcement as key to gaining his support this session.  

200 community members are expected to attend with some giving testimonials of family members who have lost loved ones to deportations.

The Contra Costa Interfaith Supporting Community Organization (CCISCO) is a federation of 20 religious congregations representing 38,000 families in Contra Costa County.  CCISCO is an active member of the PICO National Network.  PICO National Network is the largest grassroots, faith-based organizing network in the United States. PICO works with 1,000 religious congregations in more than 200 cities and towns through its 60 local and state federations. PICO and its federations are non-partisan and do not endorse or support candidates for office. PICO urges people of faith to consult their faith traditions for guidance on specific policies and legislation. Learn more at www.piconetwork.org.

SACRAMENTO – The California Assembly today passed AB 4, the TRUST Act, a bill to reign in excesses committed under the federal Secure Communities program and repair damages it caused to community trust in law enforcement.

The bill now moves to the Senate for consideration.

AB 4 is this year’s version of the TRUST Act passed by the Legislature in 2012, but vetoed by Gov. Jerry Brown, who pledged to act on the issue in his veto message. The bill – passed Thursday on a 44-22 vote – seeks to reduce the deportation of Californians under the discredited S-Comm program. The federal program, ostensibly designed to expel people with serious convictions, has instead resulted in the deportation of more than 95,000 people. More than two-thirds of those had either never been convicted of any crime, or convicted only of low level offenses.

Recent research confirms that the program has led to decreased confidence in the police in Latino communities, where residents report being much less likely to contact law enforcement.

The bill allows local jails to detain people for extra time after receiving requests from Immigration and Customs Enforcement if the person has been convicted of a crime designated as a severe or violent felony. Local officials will still have the discretion to hold people, or grant release on bail, as the severity of charges warrant. These ICE requests are voluntary, according to the California Attorney General.

Assembly Members spoke on the floor of outrageous incidents that have taken place under S-Comm. These included a Bakersfield woman threatened with deportation when police were called to her home about barking dogs and a UC Berkeley academic standout who decided not to report being mugged for fear it would jeopardize his family’s immigration situation.

Assembly Member Tom Ammiano, the bill’s author, has pledged to work with Governor Brown to try to address his concerns that led to the 2012 veto, so that the bill could go into effect and reduce the deportations starting in 2014.

Assembly Member Jim Frazier, who represents Antioch, voted in favor of the bill, according to the legislative record, which can be seen by clicking here.

To read the entire text of the bill, click here.

The most destructive Obamacare tax increases are just around the bend

By John Kartch, Americans for Tax Reform

WASHINGTON, D.C. – Asked about Senator Max Baucus’s (D-Mont.) recent “train wreck” comments, President Obama said, “A huge chunk of it [Obamacare] has already been implemented.” Unmentioned was the wave of destructive Obamacare tax increases that will begin to hit Americans during the next tax filing season and beyond:

Starting in tax year 2013:

Obamacare Surtax on Investment Income: A new, 3.8 percent surtax on investment income earned in households making at least $250,000 ($200,000 single). This tax hike results in the following top tax rates on investment income:

*Other unearned income includes (for surtax purposes) gross income from interest, annuities, royalties, net rents, and passive income in partnerships and Subchapter-S corporations. It does not include municipal bond interest or life insurance proceeds, since those do not add to gross income. It does not include active trade or business income, fair market value sales of ownership in pass-through entities, or distributions from retirement plans. (Bill: Reconciliation Act; Page: 87-93)

Obamacare Medicare Payroll Tax Increase:

First $200,000 ($250,000 Married) Employer/Employee

All Remaining Wages Employer/Employee

Pre-Obamacare

1.45%/1.45% 2.9% self-employed

1.45%/1.45% 2.9% self-employed

Obamacare

1.45%/1.45% 2.9% self-employed

1.45%/2.35% 3.8% self-employed

(Bill: PPACA, Reconciliation Act; Page: 2,000-2,003; 87-93)

Obamacare Medical Device Tax: Medical device manufacturers employ 409,000 people in 12,000 plants across the country. Obamacare imposes a new 2.3 percent excise tax on gross sales – even if the company does not earn a profit in a given year. In addition to killing small business jobs and impacting research and development budgets, this will make everything from pacemakers to artificial hips more expensive. (Bill: PPACA; Page: 1,980-1,986)

Obamacare High Medical Bills Tax: Before Obamacare, Americans facing high medical expenses were allowed a deduction to the extent that those expenses exceeded 7.5 percent of adjusted gross income (AGI). Obamacare now imposes a threshold of 10 percent of AGI. Therefore, Obamacare not only makes it more difficult to claim this deduction, it widens the net of taxable income.

According to the IRS, 10 million families took advantage of this tax deduction in 2009, the latest year of available data. Almost all are middle class. The average taxpayer claiming this deduction earned just over $53,000 annually. ATR estimates that the average income tax increase for the average family claiming this tax benefit will be $200 – $400 per year. To learn more about this tax, click here. (Bill: PPACA; Page: 1,994-1,995)

Obamacare Flexible Spending Account Tax: The 30 – 35 million Americans who use a pre-tax Flexible Spending Account (FSA) at work to pay for their family’s basic medical needs face a new Obamacare cap of $2,500. This will squeeze $13 billion of tax money from Americans over the next ten years. (Before Obamacare, the accounts were unlimited under federal law, though employers were allowed to set a cap.) Now, a parent looking to sock away extra money to pay for braces will find themselves quickly hitting this new cap, meaning they would have to pony up some or all of the cost with after-tax dollars.

Needless to say, this tax will especially impact middle class families.

There is one group of FSA owners for whom this new cap will be particularly cruel and onerous: parents of special needs children. Nationwide there are several million families with special needs children and many of them use FSAs to pay for special needs education. Tuition rates at one leading school that teaches special needs children in Washington, D.C. (National Child Research Center) can easily exceed $14,000 per year. Under tax rules, FSA dollars can be used to pay for this type of special needs education. This Obamacare tax provision will limit the options available to these families. (Bill: PPACA; Page: 2,388-2,389)

Starting in tax year 2014:

Obamacare Individual Mandate Non-Compliance Tax: Starting in 2014, anyone not buying “qualifying” health insurance – as defined by President Obama’s Department of Health and Human Services — must pay an income surtax to the IRS. The Congressional Budget Office recently estimated that six million American families will be liable for the tax, and as pointed out by the Associated Press: “Most would be in the middle class.”

In addition, 100 percent of Americans filing a tax return (140 million filers) will be forced to submit paperwork to the IRS showing they either had “qualifying” health insurance for every month of the tax year or they obtained an exemption to the mandate.

Americans liable for the surtax will pay according to the following schedule:

1 Adult		2 Adults		3+ Adults
2014	1% AGI/$95		1% AGI/$190		1% AGI/$285
2015	2% AGI/$325		2% AGI/$650		2% AGI/$975
2016 +	2.5% AGI/$695		2.5% AGI/$1390		2.5% AGI/$2085

(Bill: PPACA; Page: 317-337)

Obamacare Employer Mandate Tax: If an employer does not offer health coverage, and at least one employee qualifies for a health tax credit, the employer must pay an additional non-deductible tax of $2,000 for all full-time employees. This provision applies to all employers with 50 or more employees. If any employee actually receives coverage through the exchange, the penalty on the employer for that employee rises to $3,000. If the employer requires a waiting period to enroll in coverage of 30-60 days, there is a $400 tax per employee ($600 if the period is 60 days or longer). (Bill: PPACA; Page: 345-346)

Obamacare Tax on Health Insurers: Annual tax on the industry imposed relative to health insurance premiums collected that year. The tax phases in gradually until 2018. Fully imposed on firms with $50 million in profits. (Bill: PPACA; Page: 1,986-1,993)

Starting in tax year 2018:

Obamacare Tax on Union Member and Early Retiree Health Insurance Plans: Obamacare imposes

a new 40 percent excise tax on high cost or “Cadillac” health insurance plans, effective in 2018. This tax increase will most directly affect union families and early retirees, who are likely to be covered by such plans. This Obamacare tax will be levied on insurance policies whose premiums exceed $10,200 for an individual and $27,500 for a family. Middle class union members tend to be covered by such plans in states like Ohio, Pennsylvania, Wisconsin, and Michigan. Higher threshold ($11,500 single/$29,450 family) for early retirees and high-risk professions. CPI +1 percentage point indexed. (Bill: PPACA; Page: 1,941-1,956)

Americans for Tax Reform is a non-partisan coalition of taxpayers and taxpayer groups who oppose all tax increases. For more information or to arrange an interview please contact John Kartch at (202) 785-0266 or by email at jkartch@atr.org.