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The Fair Political Practices Commission is conducting a committee-initiated investigation into Livermore Councilmember Ben Barrientos for allegedly violating conflict-of-interest provisions of the Political Reform Act last year.
Under the microscope is Barrientos’ unadvised participation in a council vote in November regarding the Garaventa Hills housing project, a 44-unit development set for northeast Livermore that is composed of 38 single-family detached units and six couplet units. Barrientos cast the only dissenting vote on the project.
The potential “interest” at play is his property located 700 feet from the project at the shortest measurable distance which the FPPC considered a “disqualifying financial interest” in a letter to Livermore City Attorney Jason Alcala, dated June 2023.
The resulting advice for Barrientos to recuse himself from decisions surrounding the Garaventa Hills project were based on the Political Reform Act, which says public officials shall not make, participate in making or attempt to use their position to influence governmental decisions “in which the official knows or has reason to know the official has a financial interest.”
Ultimately the council approved the project in November, following a legal challenge that overturned the city’s prior approval in 2019. But following the vote, three complaints were filed against Barrientos alleging his conflict of interest in the decision.
The investigation remains open and pending as of March 18, given its initiation date of Jan. 9.
“I never ever thought there would be any kind of conflict of interest,” Barrientos told Livermore Vine. “I had no vested interest, one way or the other. My hope was supporting what the people want me to say for them — that’s where I came from.”
Though the project site is not visible from Barrientos’ home, the backside of his property directly abuts a road that can be used as a route for vehicle ingress and egress from the project site, the FPPC wrote to Alcala.
If the housing development were built, there would likely be an increase in traffic and a change in value of the existing properties, the letter states. In effect, the proposed development near the councilmember’s residence may change the income producing potential, character and market value of the councilmember’s residence.
“It is reasonably foreseeable the decisions will have a material financial effect on Councilmember Barrientos’ interest in his residence and he may not take part in the decisions,” the FPPC advised in 2023.
Alcala’s team relayed the FPPC’s recommendation to Barrientos, the councilmember confirmed with Livermore Vine late last year.
As for the ongoing investigation, two of the three complaints tipping off the FPPC to Barrientos’ potential violation were submitted anonymously.
The third complaint against Barrientos included witness David Jonas, who faced a separate FPPC investigation in 2019. In that case, the FPPC found the Friends of Livermore committee — a group that supported and opposed various candidates for local positions — committee treasurer Jonas and principal officer Leland Younker had violated the Political Reform Act in 2016. They had failed to timely file 24-hour independent expenditure reports; timely report subvendor payments and provide sufficient notice to potential major donor committees. The FPPC found these actions were the result of negligence.
According to Barrientos, he has no financial interest in the development since he doesn’t own property at Garaventa Hills. Instead, he wanted to represent the opinion of his constituents with his vote against the project.
“I knew my one vote was not going to make any difference on the outcome of the property, they were going to develop the thing, no matter what,” he said.
The FPPC said it does not comment on any specific situation.
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