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 31^st. He claims the government agency is using public funds to promote the bond Measure RR on the November ballot.

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 offers 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 Member 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.

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. It’s the Warriors’ video and they used it for their pre-season game to show during the 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.

Bezis “has a pattern of filing complaints,” she said. “He did this several times against the Measure BB campaign in 2014. Everything was dismissed by the FPPC in that case.”

“I really want the Warriors to be applauded for encouraging people to take BART to the game and get cars off the road,” Hamill. “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. People should take BART to the game.”

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.

 

On October 27, the Board of Directors authorized BART to enter into an agreement with Solar City to install, operate, and maintain solar panels at the new, upcoming Antioch station as well as Lafayette Station.

BART will purchase electricity generated from these two new installations, which once constructed will be the largest solar generation facilities on District property.  As an additional benefit to customers, the panel canopies will provide shade over a portion of the parking lots at each location.

“The BART to Antioch project is putting a brand new face on transit in eastern Contra Costa, and it’s exciting to see new, environmentally-friendly technologies like solar powering up these upcoming stations,” said BART Director Joel Keller.

The cost of the project will be paid from the energy operating budget, and will cost a cumulative $3.75 million and $3.85 million at Antioch and Lafayette stations, respectively, over the 20-year term of the agreement.

Construction of the panels is expected to be completed at Antioch station by fall 2017, and in Lafayette by late spring 2017.

The low-bid contract, awarded to two Contra Costa firms, is $3.9 million below costs budgeted for this final piece of State Route 4 Bypass Project

On Wednesday, October 19 the Contra Costa Transportation Authority (CCTA) Board voted unanimously to award a contract to Brosamer & Wall, Inc. and Bay Cities Paving & Grading for the construction of a number of improvements to the State Route 4/Balfour Road interchange. The purpose of the project is to improve traffic flow on State Route 4 and enhance safety for everyone who uses the interchange at Balfour Road. It is the final roadway element of the State Route 4 Bypass Project, constructed with over $400 million in local funds and $25 million in State funds, over the last sixteen years. It includes the completion of the two lanes between Sand Creek and Balfour Roads.

Contra Costa-based construction firms Brosamer & Wall and Bay Cities Paving & Grading formed a joint venture to bid on this project (BWBCJV).  BWBCJV’s low-bid is approximately $3.9 million below the $40,855,000 budgeted for the construction phase of the project.

The project has also benefitted from the Contra Costa Water District’s (CCWD) work with Caltrans to lift a mandate that would have required the relocation of a water line near the site. The deal allowed for the 90-inch water main to remain in place and saved Contra Costa taxpayers $18 million.

“I’m excited to see CCTA move forward on the State Route 4/Balfour Road interchange improvements by awarding this contract. That it is going to two Contra Costa construction firms who came in with an extremely competitive bid, makes it even better,” said Brentwood Mayor and CCTA Commissioner Robert Taylor.

The project will result in a new interchange at the junction of State Route 4 and Balfour Road in Brentwood replacing the existing at-grade signals with a new structure which will carry State Route 4 traffic over Balfour Road. New on- and off-ramps will allow traffic to smoothly enter State Route 4 from Balfour Road and vice versa.  This new configuration will ease traffic congestion and improve safety at this busy intersection.

“Finally, we’re going to have this section of the Bypass completed, giving us a safer roadway and allowing people to spend less time sitting in traffic and more time with their family,” said Doug Hardcastle, Chairman of the State Route 4 Bypass Authority and Chair of Transplan, the East County division of the CCTA. “It’s our job as leaders to make sure the money is spent properly and to give the people living in East County a better quality of life. This is part of the progression of the road that will eventually connect to Tracy.”

This portion of the State Route 4 project is budgeted at $74.3 million including Environmental Clearance and Design, Utility Relocation, and Construction and Construction Management. The engineer’s estimate for construction was $40,855,000. BWBCJV’s bid of $36,925,826 results in a savings of $3.9 million. Both Brosamer & Wall, which is based in Walnut Creek and Concord-based Bay Cities Paving and Grading have a long history of providing excellent service on CCTA projects. Brosamer & Wall is currently under contract with the Authority on the I-80/San Pablo Dam Road project. Bay Cities Paving & Grading has worked on a number of projects for CCTA, including the State Route 4 Hillcrest project and the State Route 4 Widening and Sand Creek Interchange project.

“We are incredibly proud to be part of a project that will improve safety and improve the flow of traffic in our home county,” said Bob Brosamer with Brosamer & Wall. “By forming a partnership we’ve been able to offer a very competitive rate and we are putting local measure dollars to work using local residents on our workforce,” added Ben Rodriguez with Bay Cities Paving & Grading.

Utility work has already begun for the new interchange and construction is expected to begin in late 2016 or early 2017 and is expected to be complete in late Summer 2019.

About The Contra Costa Transportation Authority

The Contra Costa Transportation Authority (CCTA) is a public agency formed by Contra Costa voters in 1988 to manage the county’s transportation sales tax program and oversee countywide transportation planning efforts. CCTA is responsible for planning, funding and delivering critical transportation infrastructure projects and programs that connect our communities, foster a strong economy, increase sustainability, and safely and efficiently get people where they need to go. CCTA also serves as the county’s designated Congestion Management Agency, responsible for putting programs in place to keep traffic levels manageable. More information about CCTA is available at ccta.net.

By Nick Goodrich

During its meeting on Tuesday, September 27th, the Antioch City Council heard a report from Assemblyman Jim Frazier, discussed housing for the city’s homeless, and  voted to bring in Tony La Russa’s Animal Rescue Foundation (ARF) to provide help for its struggling animal shelter.

Frazier’s Report

To open the meeting, Council hosted Assemblyman Jim Frazier, who provided an update on his recent legislative activities in the California State Assembly and sought support for his transportation funding proposal.

Frazier was pleased to note the completion of the Highway 4 corridor widening project, which he has worked for since his time on Transplan, the East County division of the Contra Costa Transportation Authority.

The project, which amounted to $1.3 billion through the county’s half-cent sales tax measure and state funds, created over 12,000 jobs and employed more than 40 local businesses.

“We have infrastructure in poor shape. It’s horrible, it’s crumbling,” he said. As the chairman of the Transportation Committee in California, Frazier said he has made it his mission to create and support various transportation projects in the state.

He reported that he has been working with his colleagues, local communities, and industry experts to develop an all-inclusive plan that would help make major improvements to California’s transportation and infrastructure.

“By strengthening trade corridors and improving the movement of goods, this proposal keeps businesses in California,” he told the Council.

In addition, Frazier’s plan calls for an additional $7.4 billion annually to be designated for transportation in the state. It includes increases to the tax on gas and diesel, as well as to the vehicle license registration fee.

He called on Antioch residents and citizens throughout California to show their enthusiasm for his plan by writing letters of support to their local newspapers and representatives.

“Let’s make transportation funding a priority this year,” he said.

Public Hearing: Priorities for Housing and Homeless

Council also oversaw a public hearing on priorities for Antioch’s homeless population. The city’s plan, which began with a study session in August of this year, includes providing a grant program for mobile home owners and seeking County funds to support homeless outreach.

Outreach to Antioch’s homeless will soon see an increase, as at least one County-funded outreach team will begin operating mostly in the East Bay—namely, Pittsburg, Antioch, etc. All homeless outreach in Contra Costa will be funded by the County, but Antioch has still managed to allocate $38,000 for the fiscal year in order to resolve the issue of homelessness in the city.

The Council is expected to allocate extra money toward increased outreach as needed—for example, if a second outreach team is deemed necessary, the city will contribute to the County’s funding to help make that happen. Or, an outreach team that operates in the evening will be given the funding to allow it to operate for more hours during the week.

An East County care center, designed to replace the resource center that used to work with the Don Brown shelter on 4th Street, was tentatively approved for County funding to the tune of over $660,000.

East County is currently the only County location that does not have a multi-resource center. A suitable location is still in the works, however, and funding for the center won’t be available for the next 8-10 months.

Mayor Pro Tem Lori Ogorchock made sure to clarify that, if the city needs to, it can always designate more than its current $38,000 to help out.

“I just want to make sure our hands aren’t tied,” she said.

Animal Rescue Foundation Steps In

The Council then discussed a Memorandum of Understanding for a partnership with Tony La Russa’s Animal Rescue Foundation (ARF).

ARF has agreed to provide the Antioch Animal Shelter with services and expertise in key areas for a one-year period, at no cost to the City. The partnership comes on the heels of months of complaints about the state of Antioch’s Animal Shelter, by many residents.

During the Council’s last meeting, Antioch Police Chief Allan Cantando presented a list of options for the city to consider to begin addressing some of the issues the shelter faces, such as funding shortages and a lack of trained professionals. Seeking outside help was among them.

Several residents from the surrounding area stated their satisfaction with the ARF partnership, including Louise McGuire, a resident of Concord, where ARF has run a successful shelter for years.

“I applaud the Memorandum of Understanding,” McGuire told the Council. “I hope that this resolution will benefit the lives of the animals in the shelter, and also the people the people that care for them.”

Karen Kopps, President of HARP, the Homeless Animals Response Program, was happy with the news.

“I’m also delighted that this update is being done now, and not in early 2017,” she stated. “So, thank you.”

An initial meeting and walk through of the shelter will be conducted with ARF soon, the council reported. That will allow ARF to determine the number of staff and number of hours they will provide.

Harper was happy to give the community a concrete course of action after continued complaints about the shelter.

“TherResolution is not yet a detailed plan,” he said. “But it looks like we’re attempting to take steps move forward. We’re listening. We still have a responsibility to make improvements…Now it’s time for us to start making those improvements.”

The resolution to approve the understanding with ARF was approved by Council in a unanimous 5-0 vote.

Wednesday, September 21, 2016, 5:00-7:00pm

Please join us and tour the new BART to Antioch Train!

Testing has begun on this new Diesel Multiple Unit (DMU) vehicle – you may have already seen it traveling in the center median of Hwy 4.

This is your opportunity to view it in person at a public open house.

Wednesday, September 21, 2016

5:00-7:00pm

BART’s Antioch Maintenance Facility

End of Slatten Ranch Road (formerly Sunset Drive), Antioch

Just east of the Park & Ride lot at the new Antioch BART Station
at Hillcrest Avenue and Sunset Drive, Antioch, CA.

To RSVP please visit:  eventbrite.com/e/bart-to-antioch-train-preview-open-house-tickets-27182466489 or call (510) 464-6257.

For more information about the project: http://www.bart.gov/about/projects/ecc

Washington, D.C – Today, Congressman Mark DeSaulnier (CA-11) announced that $750,000 in federal funds will be awarded to the California Department of Transportation under the Federal Highway Administration’s Surface Transportation System Funding Alternative Program (STSFA). These funds were awarded to further build upon the Mileage-Based Fee Pilot Program (SB 1077) that DeSaulnier established during his time in the California State Senate. This pilot program will explore alternative funding mechanisms necessary to advance the construction and maintenance of California’s roads, bridges and transit systems. This funding was authorized in the Fixing America’s Surface Transportation (FAST) Act, which was signed into law by President Obama on December 4, 2015.

“Given the inability of the Highway Trust Fund to sustain needed roadway and bridge repair across the country, states are leading the way in identifying innovative funding alternatives. I am pleased California was well positioned to take advantage of this federal funding opportunity as a result of SB 1077.  Our state will be at the forefront of finding innovative ways to improve safety and reduce congestion for Bay Area commuters,” said Congressman Mark DeSaulnier.

The FAST Act established the Surface Transportation System Funding Alternatives Program to provide grants to states or groups of states to demonstrate user-based alternative revenue mechanisms that utilize a user fee structure to maintain the long-term solvency of the Highway Trust Fund.

Earlier this year, Congressman DeSaulnier was a keynote speaker at the Mileage-Based User Fee Alliance’s Annual Conference, where he encouraged transportation leaders to adopt similar state policies to replace the losses in gas tax revenue.

Editor:

Thank you to the Antioch Herald for its recent coverage of the Frazier-Beall transportation plan, a smart, sensible bill that addresses our state’s transportation issues and provides a fair approach to funding provisions that will fix our roads and strengthen California’s economy. It is inarguable that our transportation infrastructure is rapidly deteriorating under the pressure of population growth that puts more vehicles on the road than the system was designed to manage safely.

The transportation funding plan put forth by Assemblyman Jim Frazier and Sen. Jim Beall offers a practical solution. It calls for an equitable distribution of funding responsibility among multiple sources, including gas and diesel tax increases and an annual fee for zero-emission vehicles. The bill encourages the use of public transit and other transportation alternatives. Frazier and Beall exhibit a commendable vision by balancing modes, understanding their net positive impact on relieving congestion and carbon emissions while off setting their impact on a corresponding net loss of gas tax receipts under the current program.

California’s transportation network serves as the lifeline for our personal mobility as well as an economic engine that makes the state the preferred originating point to move goods throughout the U.S.  We must fund consistent, long-term maintenance and expansion now to keep our lifeline open and ensure a safe, reliable transportation system that we can count on.

Art Hadnett

President, West Division at HNTB Corporation

San Francisco

On Thursday, August 25, 2016, Assemblymember Jim Frazier (D – Oakley) and Senator Jim Beall (D – San Jose) introduced companion bills – ABX1 26 and SBX1 1 – in the 1st Extraordinary Session to address California’s transportation funding crisis. As mentioned in a previous article, the plan includes increases to the tax on gas by 17 cents per gallon and on diesel by 30 cents per gallon, as well as a $165 annual fee on electric vehicles.

“Over the past year, I’ve worked with my colleagues, local communities and industry experts to develop an all-inclusive plan that makes necessary improvements to our transportation system. These conversations resulted in ABX1 26,” stated Frazier. “The package that Senator Jim Beall and I put forth provides vital tools to ensure California remains economically competitive. By strengthening our trade corridors and accelerating the movement of goods, this proposal keeps business in California while simultaneously creating jobs through the advancement of crucial road maintenance and enhancement projects.”

 The joint proposal provides an additional $7.4 billion annually across California’s transportation system: highways, local streets, transit, bikes and pedestrians. The plan utilizes a portfolio approach in addressing a multitude of funding needs, ensuring that everyone benefiting from California’s transportation infrastructure contributes to its continual maintenance and improvement. Additionally, important systemic reforms are included to ensure transparency and accountability in the use of funds.

“Assemblymember Jim Frazier and I have met with scores of legislators and stakeholders to craft an equitable solution that calls for everyone who drives to pay their fair share toward repairing California’s crumbling roads, bridges and trade corridors,” said Senator Jim Beall, chairman of the Senate Transportation Committee. “Our plan includes bipartisan recommendations to increase efficiency and accountability to taxpayers.  By choosing to repair our transportation system now, we will have smoother and safer roads, generate jobs, and also save billions of dollars in future maintenance and construction costs.’’

The breakdown of new annual funding includes $2.9 billion for state highway maintenance, $2.5 billion for the upkeep of local streets and roads, $534 million to help regions restore cuts to the State Transportation Improvement Program, $516 million for transit capital projects and operations, $900 million to enhance goods movement, $80 million for active transportation projects and up to $150 million possible through Caltrans efficiencies for bicycle and pedestrian projects.

“This new proposal demonstrates real progress in the fight to secure needed transportation funding,” stated Bob Alvarado, Executive Officer of the Northern California Carpenters Regional Council. “Many in the labor community are already supportive of these efforts and look forward to helping secure the success of a funding package so we can put people to work.”

Asked if he and Beall had considered reallocating current spending to pay for their plan instead of the tax increases, Frazier responded with the following:

“In most circumstances, transportation funding has always come from a user-pay system. The General Fund is an unsteady and unpredictable source of revenue with regular fluctuations, resulting in constant funding and defunding of state-run programs. Therefore, this is not an ideal candidate for transportation projects, which can take years to plan and complete. Imagine the disappointment of developing a project only to have it cancelled last minute and without warning because state revenues are down and other programs were considered more important.”

“The proposal I laid out in ABX1-26 fixes the current transportation funding structure while still following the guiding principle of a user-pay system. This new plan utilizes a portfolio approach to diversify the collection of funds, ensuring that everyone benefiting from California’s transportation system is contributing to its maintenance and overall improvement. Additionally, the plan fixes the gas tax’s current structure, ending the instability and uncertainty of available revenues. It does this by resetting the revenue source to where it was before being altered in 2010. It then indexes it to keep pace with inflation so we can be confident that its buying power will remain strong into the future.”

The 1st Extraordinary Session was called by the Governor in June of 2015. The bills have until November 30th to be taken up for a vote before the session expires. To see the complete text of the bill, please click here.

Assemblymember Frazier represents the 11th Assembly District, which includes the communities of Antioch, Bethel Island, Birds Landing, Brentwood, Byron, Collinsville, Discovery Bay, Fairfield, Isleton, Knightsen, Locke, Oakley, Pittsburg (partial), Rio Vista, Suisun City, Travis AFB, Vacaville and Walnut Grove.