It’s fast, it’s frequent, it’s convenient, and it’s about to open.  BART’s new train to plane service, “BART to OAK,” which provides an easy connection to Oakland International Airport, will open in time for Thanksgiving travel on Saturday, November 22, 2014.

To mark this exciting moment in BART’s history, a public celebration will be held on Friday, November 21, to give the community a chance to check out the new stations, the beautiful art work, and to take a free ride before it opens.

The project broke ground in 2010 and construction cost $484 million for the 3.2 mile, automated guideway, or $151.25 million per mile. It was designed and built by the project team of Flatiron, Parsons and Doppelmayer (for more information, click here) which has already won awards for the systems’ innovative engineering and forward use of technology.

The new connector will replace the AirBART buses and is expected to reduce vehicle traffic on the freeways, as it will be easier for travelers to take BART directly to the airport. Ridership is estimated to be between 4,780 to 5,730 riders per day in the first year, doubling the current the number of estimated AirBART riders, and as much as 10,300 to 14,070 riders per day by 2030, according to a 2009 report by Wilbur Smith Associates, which can be viewed here.

Clean, Easy, and Quick Service 

Starting on Saturday, November 22, 2014, riders will be able to board one of four three-car automated people movers at either the Coliseum Station or the Oakland International Airport Station and take the eight-minute ride at 30 mph.  

“The ride and the experience alone are memorable,” said BART General Manager Grace Crunican. “Riders get a 360 degree view from the windows surrounding the entire car as you travel over the traffic below.  It’s a cable propelled system with light-weight and quiet trains, so it’s like gliding through the air.”

Trains arrive every 5 minutes during peak commute hours (weekdays 8am-8pm) and drop off and pick up riders just steps away from both terminals at OAK.  BART riders have a quick and easy train to train transfer at the Coliseum station.  Riders can use a BART ticket or a Clipper Card. The complete schedule can be found below.

Sample one-way adult fares between the new Oakland International Airport Station and various stations throughout the system include: from Downtown Oakland stations: $7.85; from Downtown San Francisco stations: $10.05; from Downtown Berkeley station $8.50; from Walnut Creek station $9.70; from Fremont $9.85; from Dublin Pleasanton station: $9.80.  Fare listings can be found here: http://www.bart.gov/tickets/calculator

As of Saturday, November 22nd, AirBART buses will no longer be in operation.

Get a Sneak Peek, Join the Celebration

A public celebration will take place on Friday, November 21st at the Coliseum Station from 11am-3pm. The festivities include commemoratives and local music.  All costs of the celebration have been paid through the generous donations of various sponsors. More details can be found at www.bart.gov/grandopening.

Learn more about the newly installed, original art at the Coliseum Station side of the station here, and the Oakland International Airport Station here.  Follow the excitement of the grand opening on our Storify page.

Represented part of Antioch

The Contra Costa Water District (CCWD) lost a Board member who brought strong experience and a passion for water issues. Vice President Karl Wandry passed away early Wednesday, October 29, 2014 at the age of 76.

Mr. Wandry was appointed to CCWD’s Board of Directors in 2003, to fill the vacant seat due to the death of Dr. Noble Elcenko, and was most recently re-elected in 2012. He has represented the east county communities of Oakley, Brentwood, and Antioch for more than a decade. He supported numerous projects and programs completed in his tenure, including the expansion of Los Vaqueros Reservoir, always keeping a keen eye on environmental impacts and fiscal implications for CCWD ratepayers.

Along with Mr. Wandry’s family and friends, CCWD’s Board and staff are deeply saddened by his passing and he will be missed. A private service will be held.

At their November 5 Regular Meeting the Board of Directors voted to for fill the vacant Board seat by appointment, as provided by state law.

Applications for the appointment are available on the CCWD website here, or at the CCWD offices, at 331 Concord Avenue, Concord, and are due by 5:00 p.m. on November 21. To be eligible, an applicant must live within the boundaries of Division 5, which includes a large portion of Antioch (see map, here), and be a registered voter. The Board is scheduled to vote to fill the position at their meeting on December 17. The schedule for the appointment can be viewed by clicking here: CCWD Apptmt Schedule

According to his biography on the CCWD website, Wandry was appointed to the Contra Costa Water District Board of Directors on February 5, 2003, representing parts of Antioch, Oakley, Brentwood, and the Los Vaqueros Reservoir watershed. He was elected without opposition in 2004 and 2008. He was elected Vice-President in 2008. Mr. Wandry was a planning consultant with extensive experience in city and regional planning and community development throughout the region. He served as Contra Costa County’s Chief of Land Development and Zoning Administrator; Deputy Director, Community Development Department; and Advance Planner in the County Planning Department. In addition, he served as the Community Development Director for the City of Rio Vista and Supervising Planner for the City of Antioch. As a graduate of Antioch High School, he was a long-time resident of eastern Contra Costa County. Mr. Wandry graduated with honors from Diablo Valley College in 1966, and Magna Cum Laude from California State University, Hayward in 1968. He went on to study for a Master’s degree in Geography from the University of Victoria in British Columbia, Canada. He was a past director of the Contra Costa Child Care Council, the Boy Scouts of America Executive Board, Mt. Diablo Council, and Rio Vista Care. He was a member of the American Institute of Certified Planners and the American Planning Association.

Dear Editor:

Since 2008 Californians’ median household income has remained flat while the cost of living and taxes have increased. It would be one thing if our tax dollars were always well spent by government. Unfortunately, our politicians are not as careful with our money as we would be if we were allowed to hold onto it.

Case in point is the $349,000 in wages and benefits doled out by the Brentwood Union Elementary District to former Superintendent Merrill Grant in 2013, making him the seventh highest paid K-12 employee in the state.

That’s despite the fact that Grant had been fired in February of that year for mismanagement of the special education scandal that has socked the district with $9 million in legal costs with possibly millions more in payouts to come.

Then there are our county supervisors, including East County’s Mary Piepho and Federal Glover, who recently voted themselves a 33 percent pay raise. Don’t you wish you could do that? Their $129,227 salaries are in addition to their health insurance, $7,200 car allowance, retirement savings account and pension – adding up to more than $200,000 in compensation per year.

The supervisors, who have pled poverty in contract negotiations with county employee unions, will now have to open up the compensation floodgates, sticking taxpayers with the tab or cutting back on services.

The East Contra Costa Fire Protection District, which has been closing stations, lavishes half of its budget on retirement expenses, wasted $125,000 on a tax hike PR firm, wasted tens of thousands more on a failed tax hike mail ballot and raised the chief’s pay to nearly $140,000.

ECCFPD will spend tens of thousands more on another attempt at a tax hike, despite receiving an extra million dollars in property taxes this year due to the rebound in the housing market.

The Oakley City Council raised City Manager Bryan Montgomery’s salary to nearly $210,000. Three years ago the council attempted to secretly grant Montgomery a sweetheart mortgage deal costing taxpayers several hundred thousand dollars – until forced to rescind it after a newspaper article generated taxpayer outrage.

On Tuesday voters nationwide spoke loudly that they want to rein in the tax-and-spend policies of Barack Obama, Nancy Pelosi and Harry Reid. Unfortunately, in blue California it pretty much remains business as usual with government of, by and for government employees.

Dave Roberts

Oakley

By John Crowder

A small group of parents has decided to be proactive in addressing problems at a local shopping center by taking steps to engage students as they pass through Deer Valley Plaza (DVP) at the end of the school day.

DVP has been at the epicenter of student violence and disruptive behavior over the past few months. As widely reported in the news media, a group of students involved in fights and other troubling actions at the center, just down the street from Deer Valley High School (DVHS), has led some of the businesses located there to lock their doors at the end of the school day. The businesses, mainly fast food restaurants and Starbucks, have kept their doors locked from the time school lets out until most students have passed through and dispersed from the area.

Velma Wilson, a youth education advisor with the NAACP East County Branch, and a parent of two students who attend Antioch schools, determined to act to change that. For the last few weeks, she and others from the community, including her husband, Clarke, and Antioch Mayor Wade Harper, have been stationing themselves in the parking lot of DVP under a blue tent. There, they talk with students who come by, offering them sodas and snacks, along with words of encouragement. Wilson said that the idea for meeting with students had come from Harper, and it was his tent they were using.

On Friday, November 7, Herald staff dropped by the Plaza, unannounced, to take a first-hand look at what was happening. On that day, Wilson was joined by her husband, her two children, and two other adults, Darice Ingram and Debra Vinson. Harper was unable to be there on that day, as, according to Wilson, he was visiting a security guard who had been wounded in a gun battle in Antioch outside a local Starbucks earlier in the week.

Darice Ingram, a founder of Parents Connected, and also a member of the Antioch Unified School District (AUSD) personnel commission, invited students who were passing by to stop and talk. She encouraged those she spoke with to be serious students, and, among other things, to consider taking Advanced Placement classes and to focus on preparing for college. “Most students are just kids that need to know someone cares, someone holds them accountable, and expects great things from them,” she said. She also praised Wilson for taking the initiative, noting that Wilson had provided treats for the students out of her own pocket.

Debra Vinson, who was elected last Tuesday to the AUSD board of trustees, was also in the parking lot greeting students. As they approached, she would introduce herself, ask their names, and how their school day had been. She said that, as a school board member, she wanted to be visibly involved and make sure she was accessible to everyone with a stake in the schools, including the children who attend them. “Safety concerns are shared by everyone in Antioch,” she said, “and I want to see, first-hand, what is happening with our students.”

The impression left by observing these interactions was far different than the one derived from the recent news reports. First, not all students were from DVHS. Several students who came up to meet with the parents stationed in the parking lot were from Dallas Ranch Middle School, a bit of a walk from the site. Wilson said that students from four different schools routinely came by, or passed through, the center after school let out each day.

The students were also very polite. “I have one rule,” said Wilson, “that students look me in the eye and shake hands.” Far from the belligerence frequently attributed to teens, the students on Friday seemed more shy than anything else, only reluctantly taking the sodas and snacks offered by Wilson and the others.

“Jesus said, ‘suffer the little children to come unto me,’ and that is what I want to do,” said Wilson. “We can choose community over chaos. It’s imperative that we come together as a community to be better role models for our youth.”

Wilson is in the DVP parking lot every Tuesday and Friday, from 3:00 until 4:30, when school is in session.

Budget cuts, contracting with private security firms, help from retired police officers needed

By Allen Payton, Publisher

With the continued crime problem in Antioch, and the need for additional officers, and in light of the city’s financial challenges, in spite of the passage of both Measures C and O, it’s time for new approaches in the police department’s efforts.

No more business as usual.

Budget cuts needed

First, the Council needs to relook at the budget and cut things from lower priority items that are costing the General Fund, such as the $300,000 subsidy to the Antioch Water Park, which could be used to pay for more police, instead. This year they’re allowing outside food in, which competes with their own snack bar, reducing total revenue. It should be run like a business or the Council should consider contracting out its operations. I proposed the idea to Water World, when it first opened. But they were building their Concord water park at the time. Perhaps they’d consider taking it over, now.

In addition, the Council needs to set a policy in place to limit overtime for police officers. The city has spent over $4.4 million in 2011, 2012 and 2013 on police overtime. That’s about $1.46 million per year which is equal to 11 police officers. Now, some of that overtime is necessary for police officers to attend court hearings. But, most of it isn’t. It’s time to redirect those funds to pay for more sworn police officers who will be out on the street fighting crime.

Measure O spending

The city doesn’t need to spend $800,000 per year to eliminate Furlough Fridays. Instead of the current four nine-hour days for a total of 36 hours per week, they could just put the staff to work eight hours on one day, 8 a.m. to 5 p.m., and seven hours per day 9 a.m. to 5 p.m. for the other four days, also 36 hours per week. That will allow the public access to services at City Hall Monday through Friday and preserve the $800,000 for hiring more police.

Contract with private security firms

Second, the Council and Chief Cantando need to seriously consider contracting with private security firms, which can expand the police force immediately, at a much lower cost per officer than a sworn police officer on the Antioch force.

Many of the private security company employees are retired police officers and military veterans with all the necessary training to fulfill the role. The city can set standards for whom a company will employ for the contract with the city, ensuring safeguards are in place to protect the rights of citizens, while reporting, responding to and reducing crime.

Allow former police officers to volunteer

Finally, the VIPS program needs to be expanded and include retired police officers who can put their experience, knowledge and skills to work to supplement the police department’s efforts.

When I first proposed the Volunteers In Public Safety program back in the late 1990’s as a member of the Antioch City Council, it was envisioned to be like San Joaquin County’s S.T.A.R.S. program. That program puts to work retired Deputy Sheriffs as volunteers to provide eyes and ears to the department and a police presence throughout the city. I expected the VIPS to drive the patrol cars to provide a deterrence in the neighborhoods. 

While I appreciate the good work the current VIPS members do to supplement the efforts of the APD, the program should be expanded to include retired police officers. There are some in Antioch and elsewhere who are willing to volunteer their time and expertise.

One specific idea is to form a Volunteer Investigative Support Unit.

Greg Glod, a former Antioch Police Detective, who spent 26 years with the Secret Service and is now the Deputy Director of the Pentagon Force Protection Agency in Washington, D.C., is spearheading the effort. Joining him are retired Antioch Police Sgt. Larry Hopwood and Detective Ron Rackley.

They want to assist the department, first with cold cases, and believe they can obtain a National Institute of Justice grant to offset any costs.

“Across the country, they are going to grassrooots efforts with a volunteer force to support the police department,” Glod stated, recently. “Retired police officers, researchers and academics are forming investigative support units.”

Following are links to the national VIPS website and two examples of public safety volunteer programs in California.

According to the site, www.policevolunteers.org, “The International Association of Chiefs of Police (IACP) www.theiacp.org manages and implements the Volunteers in Police Service (VIPS) Program in partnership with the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice…”

To view information about the San Joaquin County Sheriff Department’s “award winning, nationally recognized” S.T.A.R.S. volunteer program, click here.

To view what San Diego’s Police Department does with their volunteer program, click here.

To view another volunteer program in Charlotte, NC, click here.

First cold case

The first investigation the former Antioch officers want to work on is the cold case of Suzanne Bombardier, who was 14 when she was murdered in June, 1980, after being kidnapped, raped and stabbed through the heart. Her body was dumped in the river.

“We want closure for the family and ourselves, too,” said Rackley, who took the original report. “We believe there are still more investigative leads available.”

“There are suspects in the case that can be investigated,” stated Glod, who was a juvenile sexual assault detective at the time and worked the case.

For more information about the case, click here.

A more detailed article on the effort to close the Bombardier case will be published in the future.

By John Crowder

At the October 28 meeting of the Antioch City Council, a presentation on Measure C was given by Tammany Brooks, Field Services Division Captain of the Antioch Police Department (APD) and Michelle Fitzer, Administrative Services Director for the City of Antioch. That presentation, suggesting there has been significant improvement in police officer staffing, represented as an increase of almost 20%, has now been called into question.

In the city’s October 27 news release about the report, Mayor Wade Harper stated “There has been a lot of misinformation being spread around about what the City is doing with the funds from Measure C, so it’s nice to have the indisputable facts in this Status Report that clearly demonstrate my colleagues and I have kept the promises we made to the community.”

Then, just prior to the presentation at the meeting, Harper stated that a lot of information people had been receiving lately about Measure O were, “flat out lies,” in response to campaign mailers sent out by the No on Measure O committee.

It was presumed the presentation by Brooks and Fitzer would correct the record.

Less than two days after the article about the city council meeting was posted online on the Antioch Herald website, however, resident Rich Buongiorno commented on it, providing statistics which cast doubt on the veracity of the statements made during the meeting.

Buongiorno has been leading a recall effort against Harper, specifically for what he considers Harper’s lack of action to adequately address the city’s crime problem.

In his on-line comments, which can be viewed here, Buongiorno stated that the Contra Costa Times reported APD sworn staffing in the latter part of 2013 was 83 in an August 16 article, 85 in an October 15 article, and 84 in a November 27 article. Brooks and Fitzer said during their presentation that the number was 76 in October of 2013. Buongiorno contends that the presentation given at the council meeting provided a lower starting number in order to mislead the public into believing the percentage increase in sworn officers was much greater than has actually occurred.

The November, 2013 Chief’s report, which can be viewed, here, under Current Staffing Levels Sworn Positions it shows a figure of “73 Full-Duty Officers,” as compared to 74 full-duty officers in July, 2013.

A look at the reports provided to the Antioch City Council by the APD regarding staffing levels over the last two years lends support to the claims made by Buongiorno. Indeed, they could be read as even more damning than he suggests.

Quarterly reports given by APD to the city council, which can all be found on the city’s website by looking at the agenda for the meetings at which reports were given, state that the sworn staffing levels were as follows:

11/13/2012 86

2/12/2013 88

4/23/2013 92

7/30/2013 84 sworn, 74 full-duty

11/26/2013 84 sworn, 73 full-duty

1/28/2014 81

4/22/2014 86

7/22/2014 88

10/21/2014 91

Based on the numbers given during the presentations, APD sworn staff has still not returned to the high of 92 shown for April 23, 2013. Even the most generous interpretation of the number given, from January to October of this year, only shows an increase of 12.3%, not the 19.6% touted by city staff.

In an interview conducted on November 3, Buongiorno said that, since commenting on the Herald article, “I delved even further into the mystery numbers provided by the City of Antioch.” He also said that he has now incorporated data from the city manager reports into his analysis.

“What is significant,” he said, “is that if they are indicating a sworn staffing level of 88, the ‘boots on the street’ level is far below that. With anywhere from 10-15 officers on leave, for whatever reason, that only leaves somewhere between 73 and 78 sworn officers on the street.”

“We simply don’t have enough people fighting crime,” Buongiorno concluded.

The Herald contacted city staff, including Fitzer and City Manager Steve Duran, along with APD Chief Allan Cantando and Mayor Harper on Monday night, via email, asking for an explanation of the discrepancy. Fitzer responded on Tuesday morning stating “We will research your questions and get back to you.”

When no response was received, Herald staff contacted them again on Thursday afternoon. Duran responded, about an hour later, that Fitzer was working on it.

“Michelle is trying to reconcile discrepancies between the payroll system number, which was lower than another number that had been previously reported. Logically, at least one of the numbers was incorrect,” he said, “and we want to make certain that we have the correct number before giving it out.”

“We will get you a number as soon as it is certain,” he added.

When asked about his previous comments about the “indisputable facts” on police staffing and if he had checked their numbers, Harper responded, “I leave the details up to staff to present to us. My goal is to make sure all the money goes to police and code enforcement, so we can be a safer city. The numbers continue to be a moving target. But, I trust staff to do their best to provide accurate information.”

For now the discrepancy remains unresolved. However, Harper confirmed that Cantando is expected to make a presentation to the City Council at their next meeting on Thursday, November 13, about the use of the Measure C funds and police staffing.

Allen Payton contributed to this report.

City offices closed Fridays; Simonsen was out of the country; No one knew or said in what format the notice should be published, until Wednesday, October 29; Mayor reaches out to recall leader; Proponents to try again

By Allen Payton

If those who are attempting to recall Antioch Mayor Wade Harper still want to, they have to start the process over, because they missed a publication deadline.

According to Antioch City Clerk Arne Simonsen in an email to recall leader Rich Buongiorno, on Wednesday, November 5, which can be viewed here. Letter to Mr_ Buongiorno dated 11-4-14, he stated “You failed to meet the statutory deadlines of the Elections Code for the submission of the proof of publication of the Notice of Intention and two blank copies of the Petition.”

According to Simonsen the recall proponents have to start over with new papers and new signatures.

“They can’t use any papers they already used. But, it can be the same wording,” he said.

The notice of intent had to be published in a newspaper of general circulation, within 10 days of the date the recall proponents received Mayor Harper’s response. That occurred on Thursday, October 23, although he submitted it to the City Clerk, the day before.

The only newspapers of general circulation, by legal definition, in Antioch are the East County Times and the Antioch News. The Herald has not yet gone through the adjudication process to be defined as such.

The last day for publication of the notice was Monday, November 3. However, it wasn’t published in the East County Times until Tuesday, November 4, one day too late, although recall leader Rich Buongiorno submitted it for publication on Thursday, October 30, due to the Times’ deadline schedule.

“The recall papers were in fact ready to submit to the newspaper on Wednesday, October 22,” he said.

At that point Buongiorno did not know the proper publishing format of the recall papers, to comply with the requirements of the Elections Code, which merely says “publication of the notice of intention.”

Simonsen was out of the country during that time, and didn’t return until Sunday, November 2 and was unavailable by cell phone, but maintained contact by email.

Buongiorno had first planned to publish the notice in the Herald. So this writer contacted the City Clerk’s office and spoke with Assistant City Clerk Christina Garcia to find out what the format should be for publishing the notice. She said she didn’t know and suggested contacting the California Secretary of State’s office or the County Clerk.

Neither the Secretary of State’s office, whose staff consulted their attorney who handles recall elections, nor the County Clerk could answer the question to Herald staff, of what format or size had to be to “print the notice of intent to recall.”

In a second phone call with Garcia, she came to the conclusion that the forms needed to be printed full-size.

But, after the Herald received an email on Wednesday, October 22, from City Attorney Lynn Tracy Nerland that the Herald is not a “paper of general circulation” and Buongiorno was informed of that fact, he went that day to the East County Times’ office and submitted the intention form for publishing.

But, publication of the form had to wait until the recall proponents received Harper’s response. That occurred by certified mail in the late afternoon of Thursday, October 23, even though the city had received it from him on Wednesday, October 22.

“There was insufficient time for me to go down to the city clerk’s office to find out the formatting information, that afternoon,” Buongiorno stated. “Since City Hall is closed on Fridays I had to wait until Monday, October 27, to get my answer.”

Buongornio went to the City Clerk’s office on Monday. Garcia also told him to check with the Secretary of State’s office or County Clerk’s office, who both told him the same thing, that it was a local issue and up to the City Clerk to decide.

On Tuesday, Buongiorno sent recall supporter Marie Crandell to City Hall to speak with Garcia. When she was told the same thing by Garcia that Buongiorno was, the day before, Crandell asked to speak with the city attorney.

Crandell was then told by City Attorney Lynn Tracy Nerland that she didn’t know the format the notice should be published, but would get back to her by Thursday,

But, then, Simonsen responded by email on Wednesday morning, October 29 at 8:33 a.m., telling Buongiorno which format was acceptable to be published.

“The example you provided (East County Times recall publication Legal Notice.pdf) meets the requirements of Election Code 11022,” Simonsen wrote Buongiorno.

However, Buongiorno didn’t see Simonsen’s email until that afternoon. Once he had, he then called the Times office and told them which format to use. But, they had to make a change to include the fact that Harper had responded. That change wasn’t made until after the Times’ deadline for publishing by November 3.

So, he was too late.

Nevertheless, Buongiorno says the Times staff scheduled the publication, the next day, on Thursday, October 30, which met their deadline for publication in their Tuesday, November 4 edition of the paper.

Once he had a copy of Tuesday’s newspaper, Buongiorno says he then submitted the proof of publication to the City Clerk’s office in front of both Simonsen and Garcia, who told him he was a day late and that there was nothing Simonsen could do, and referred him to the Secretary of State or Fair Political Practices Commission (FPPC), providing him with phone numbers for both.

But, the Secretary of State told Buongiorno that they only handle state-related recalls and the FPPC said they have nothing to do with elections, including recalls.

When asked why the recall proponents didn’t hire an attorney, from the beginning, Buongiorno said he is funding the effort on his own and paid the $226 for the cost of publishing the notice in the Times, and didn’t have the money for an attorney.

“We’ve wasted two months, and I’ve spent money for nothing,” a frustrated Buongiorno said. “The City had the latitude to accept or reject. There is no official format. It’s up to the City Clerk. Only instructions of what information the forms must contain was provided to us.”

“The City Clerk has the full responsibility and latitude of accepting or rejecting a form. They also have the ability to grant leniency for additional days, which they already proved. That’s not part of the rules, they made that up. What both the Secretary of State and County Clerk are saying, it’s up to the City Clerk, because it’s a local issue.”

“So not only with the forms but also with the timing, the city has leniency,” Buongiorno stated.

Simonsen responds

However, Simonsen took a different view.

“We told him at the beginning the East County Times was the only paper of general circulation,” Simonsen said. “We explained to him what he had to do. The Elections Code clearly states you publish the notice of intention, after the person being recalled responds.”

Buongiorno asked for an example of it [what the printed version should look like]. But, Simonsen said he doesn’t have an example of it and couldn’t provide it.

Simonsen said he did everything possible to accommodate Buongiorno.

“I chose to use the date that Buongiorno received it [Harper’s reponse], which was on October 23,” he said. “So I gave him an extra day. All he had to do was follow the Elections Code. It states he had to print the notice of intention to recall, which is word for word.”

“We don’t provide attorney services to the general public,” he added. “Buongiorno didn’t have to publish the forms full size in the paper. The signatures don’t have to show up. Just the words and the names.”

“But, the Clerk’s office is not a legal office,” Simonsen stated. “That’s why I told him to consult a political consultant who has done recalls or an attorney, back at the beginning.”

“Regardless of the size Buongiorno published the notice, or whether or not it included the signatures, if he had simply published it in time, I would have been very graceful,” he shared. “I bent over backwards with the him. Even with the one day late notice, the City Attorney and I tried to give him a grace period. But the City Attorney said it’s statutory and it’s hard and fast and pretty clear what had to be done.”

Simonsen explained the process.

“Once he turns in the proof of publication, I have to make sure the wording is correct,” he stated. “There is a rolling 10-day period. If there’s a change, the 10-days start over.”

Simonsen was adamant about the City Attorney’s decision that Buongiorno was a day late.

“The word ‘shall’ is in the Elections Code, not ‘would’ not ‘can,’” Simonsen pointed out. “He was explained the statutory rules regarding the dates, and he wanted me to do a lot of this for him, but it’s not the clerk’s job.”

Following is Buongiorno’s email to city staff, on Wednesday, November 5, detailing the timeline of what transpired, in response to Simonsen’s emailed letter on Tuesday, November 4:

Recall Debacle

Rich [email address deleted]

This message was sent with High importance.

Sent: Wednesday, November 05, 2014 2:19 PM

To: Simonsen, Arne

Cc: Nerland, Lynn Tracy

Dear Mr. Simonsen,

Under your advice, I have been in contact with the FPPC who advised me that they do not handle “recall” elections and consequently referred me to the Secretary of State, as you had also recommended. The Secretary of State representative, after conferring with their attorney, advised me that this is a local issue and the latitude lies entirely on a local level or if necessary with the courts.

The two primary reasons for the 5-day delay in publication is as follows:

• On October 23, 2014, I received by certified USPS mail, Harpers “answer” to the recall. Had it been received earlier, that would have allowed me to proceed and consult with the Deputy City Clerk. Instead, I was forced in to waiting until the next business day to consult with the Deputy City Clerk Christina Garcia. However, due to City Hall staff being furloughed on Friday’s, and not open at all on Saturday’s and Sunday’s, I had to wait until 10/27/2014 to attempt to get the needed consultation. This created the beginning of a 3 day delay in publication.

• On October 27, 2014, after presenting a simple question regarding the format needed for the publication of the “Notice Of Intention to Circulate Recall Petition” in a local newspaper, I was advised by Deputy City Clerk Christina Garcia, that I should contact the Secretary of State or an attorney for that information. Please note; Deputy City Clerk Christina Garcia was presented with the question due your absence. This created the 4th day delay in publication due to the misinformation provided by Ms. Garcia.

• Later that day, and on my behalf, Marie Crandell, my authorized representative, did contact the Secretary of State’s office who referred her to the Elections Office in Martinez, who in turn referred her back to the City Clerk for determination and final decision. All parties making the referrals did so because the decision on the format of the publication is determined on a local level. As a matter of fact, they stated that everything, other than signature verification, is performed on a local level.

• The following day, October 28, 2014, upon speaking with Ms Garcia, Marie Crandell did advise her that she had contacted the Secretary of State’s Office, as well as the Elections Office in Martinez. She advised Ms Garcia that both the Secretary of State’s Office and the Elections Office referred her back to the City Clerk’s office, as this was a local decision. They had also stated that the City Attorney could provide assistance to the City Clerk in making that decision. Marie Crandell was once again advised by Ms Garcia, that she should contact the Secretary of State or an attorney for that information, and that she was given the wrong information from both the Secretary of State and Elections Office in Martinez. Please note; Deputy City Clerk Christina Garcia was presented with the question due your absence.

• As such, Ms. Crandell, requested to have a meeting with the City Attorney Lynn Nerland. She apprised Ms. Nerland of the situation and Ms. Nerland did admit that she did not have an answer to that formatting question, however, that she would do some research and get back to us no later than Thursday. If we did not hear from her by Thursday, we should call her. Ms. Nerland also requested that I send an authorization to all concerned parties to authorize the discussion of all business related to the recall with Ms. Crandell.

• Therefore, the same day I sent forthwith, via email the authorization to the City Attorney, Deputy City Clerk and yourself. I also attached the two proposed publication formats, provided by the East County Times, for authorization. This has now created a five-day delay in publication due to the unavailable city staff, weekend, and misinformation supplied by Deputy City Clerk Christina Garcia on TWO consecutive days.

• On October 29, 2014, I received an email from you. In it, you were kind enough to respond to the formatting issue and advised which of the two formats supplied by the East County Times was acceptable. I should add that the East County Times, had they been provided the information in a timely manner, could have published this notice on 10/24/2014, well within the allowed timeframe.

East County Times had the correctly formatted notice and was requesting authorization to proceed on 10/22/2014. The notice was published on 11/04/2014, far later than the the original 10/24/2014 date. However, one day later than the 10 day date due to the unavailability of city staff and misinformation supplied by Deputy City Clerk Christina Garcia on TWO consecutive days

I was advised by the Secretary of State representative that remedies of this type are handled on a local level for recalls. They would not send an email to all parties concerned because they could be brought in as one of the parties if this ends up for judicial review.

I am requesting that you consult with the City Attorney regarding this unfortunate situation because legal recall remedies are locally determined, just as the formatting of the notice publication was a local determination.

I personally feel that I should not be penalized for being 1 day late when I made an obvious concerted effort to ensure publication within the specified time frame, only to be delayed through no fault of my own, but a series of frustrating circumstances predicated by the lack of qualified personnel and availability of said personnel.

I am readily available to attend this meeting if your feel it necessary.

Respectfully submitted,

Richard Buongiorno

Recall to restart

In spite of Buongiorno’s belief that the City Clerk and City Attorney could have accepted the publication of the notice in the newspaper one day late, neither he nor the other recall proponents and supporters are going to fight it. Instead, they are resigned to starting the process again.

In an email of a Facebook posting by Buongiorno on both is personal page and the “Recall Wade Harper” page, on Thursday afternoon, November 6, he wrote:

“This little bit of news you are not going to be happy with. Myself, I am quite unhappy. Heavy Sigh

The Antioch story of David & Goliath

I have just received an email from Arne Simonson, City Clerk, City of Antioch stating that the publication of the Intention to Circulate Recall Petition was one day late.

I found this information out yesterday after a brief meeting with the City Clerk and Deputy City Clerk. I sent an email to the City Clerk and the City Attorney explaining that the delay in publication was solely due to the misinformation provided by that department, TWO days in a row. Due to this delay, the publication was delayed. I requested a meeting between the City Clerk and City Attorney and made myself available. To no avail, I was not invited to the meeting and a determination was made.

One can only suspect that the two consecutive day delays was intentional knowing the outcome would mean starting over. I state that because there is latitude on a local level. That information was confirmed with the Secretary of State. Instead, they have been determined that the original process has ended and IF we want to continue, we will have to start over from the beginning.

The only way to reverse this is to file suit, which I am currently unaware of an attorney that would be willing file suit on our behalf. If there is an attorney willing to assist us, I would welcome a meeting.

Personally, this is just more dirty politics and shows that they will stoop to any level and go to any extreme to stop this recall. Well, they may want to play dirty politics, I refuse to allow our movement to follow suit. We will take the high road, we will start over and we will seek the recall of Mayor Wade Harper.

I am sorry to give you this news on top of yet another shooting, but it is obviously even more important to RECALL WADE HARPER the sooner the better.

I will be contacting the original proponents for signatures and seeking additional if necessary.

Sincerely,
Rich Buongiorno”

 

Harper reaches out to Buongiorno

On Thursday, November 6, Harper emailed Buongiorno asking him if he wanted to meet so the Mayor could tell Buongiorno about what he’s doing to address crime and homelessness, although the latter was not an issue in the recall effort. Buongiorno responded and agreed to meet with the mayor.

However, after Buongiorno was quoted in another news article posted online on Friday morning, November 7 that he would start the recall process again, Harper emailed him again and questioned if he was going to still move forward with the recall. When Buongiorno said yes, Harper changed the meeting to a phone call.

Buongiorno said that up until that point, Harper had never reached out to him, before.

Following is the email exchange between Harper and Buongiorno:

—–Original Message—–
From: Antioch Mayor Wade Harper [personal email address deleted for privacy]
Sent: Thursday, November 06, 2014 5:08 PM
To: [Buongiorno’s email address deleted]
Subject: Meeting Request

Hi Rich,

Are you open to meeting with me to discuss how we can come together
to resolve some of the issues in Antioch? I can also feel you in on
the things we are doing to address crime and homelessness in our city.

Wade
[Phone number deleted]

Sent from my iPhone

 

On Nov 6, 2014, at 9:31 PM, Rich [email address deleted] wrote:

Certainly, name it and I will try to accommodate

Rich
[Phone number deleted]

 

On Nov 7, 2014, at 7:47 AM, Antioch Mayor Wade Harper [email address deleted] wrote:

I would like to meeting g with you next Friday morning at Starbucks
after the chief makes his presentation about what we are doing about
crime

Sent from my iPhone

 

—–Original Message—–
From: Antioch Mayor Wade Harper [email address deleted]
Sent: Friday, November 07, 2014 7:51 AM
To: [Buongiorno’s email address deleted]
Subject: Re: Meeting Request

Rich I saw your article in East County Today. I have some concerns. It appears you still plan to
continue the intent to recall whether you hear the facts from me or not?

Sent from my iPhone

—–Original Message—–
From: Rich [email address deleted for privacy]
Sent: Friday, November 07, 2014 11:55 AM
To: ‘Antioch Mayor Wade Harper’
Subject: RE: Meeting Request
Importance: High

Wade,

That article isn’t “my” article, it’s ECT. However, I see no reason to not meet on Friday.

Rich

 

—–Original Message—–
From: Antioch Mayor Wade Harper [email address deleted for privacy]
Sent: Friday, November 07, 2014 12:30 PM
To: [Rich Buongiorno’s email address deleted for privacy]
Subject: Re: Meeting Request

Have you already made your mind up that you are continuing the recall
process? Are you stating that Burkholder’s article is not accurate?

Sent from my iPhone

On Nov 7, 2014, at 1:09 PM, Rich [email address deleted] wrote:

Wade,

This action is not “me”. You might think of it as a multi-headed
snake and I happen to be the spokesperson for the rest of the body.
This is a democracy and is being performed under the direction of the majority in the group.

 

The majority of the group have made it quite clear they want to

proceed. However, there is a LOT of time consuming work to be done if in actuality it does
come to fruition.

So, punch line is who knows what will happen and what the consensus
will be come Thursday after the meeting.

From: Antioch Mayor Wade Harper [email address deleted]
Sent: Friday, November 07, 2014 1:13 PM
To: [Buongiorno’s email address deleted]
Subject: Re: Meeting Request

Ok, let’s schedule a phone call after the city council meeting and go from there.

Sent from my iPhone

–———-

Harper responds

When reached for comment, Harper shared his thoughts.

“I didn’t like his comment about the multi-headed snake. That’s kind of mean,” he said. “If he had any questions or comments and wanted to work out solutions…I sit down with people all the time.”

Asked if he’d reached out to Buongiorno before, when the recall started, Harper responded, “He’s said a lot of mean things, so no, I have not reached out to him, before. He made it clear…posted on Facebook that he thinks he gets under my skin. That’s not nice. My wife, kids and family members see those comments, so I think I blocked him from commenting on my Facebook page.”

“Let the recall process take it’s course,” Harper stated. “I will respond in a professional manner and a timely manner, and I think I did, talking about the successes of the city under my leadership.”

“Let’s spend some energy on making our city better,” he added.

“Did he [Buongiorno] know how much it was going to cost the taxpayers, as much as $198,000 if the recall goes to the ballot, before he served me?” Harper asked. “Is there any gross negligence on my part as the Mayor? There is not. Don’t ignore the successes. Don’t ignore the facts.”

“I’ll say this one last thing. I’m going to use my time, whether it’s working with problem youth or reducing crime in such a way, or getting groups together to make a difference.”

In response to Harper’s question about if he knew the cost of the recall, Buongiorno said, “No. But I did do an internet search of recalls in other cities similar to our size and estimated the cost to be about $80,000 to $109,000.”

The actual costs, according to the County Clerk’s office could range from $88,442 to $198,994.50 which is $2.00 to $4.50 per registered voter in Antioch, at the time the initial recall papers were served.

New recall papers are expected to be served on Harper in the near future, according to Buongiorno, so the costs could change.

However, it doesn’t have to happen at a council meeting.

“The advantage to doing it that way is that it’s on tape and there’s no question of if he was served, when he was served, no talking back and forth, just ‘here you go,’” Buongiorno stated. “But the statement will be changed.”