The status of the CCS is correct, but the Press was incorrect in reporting that the Act applies to meetings that 1) do not involving all three of the CSD Board members who are on the CCS, or 2) that do not include at least four of the CCS as a whole. Such meetings would be subject to the Brown Act only if they occurred as part of a meeting of the CCS itself. A public records request has been filed concerning the posting and attendance of those CCS meetings.
Because the number of Town directors is temporarily three, the Brown Act provisions would be triggered by the presence of two directors (temporarily a quorum of the CSD itself) at any meeting. In last week’s story, the Press reported that the working meetings of CCS members would include only one member of the CSD board until a full five-member CSD board is in place again. It was because of the temporary reduction in the CSD quorum that the change announced by Tetreault was made, not because of the outside legal opinion.
The Press apologizes for the error.


And the fact that Flint supports Richardson's efforts to bilk our town of its financial and human resources is unbelievable. Once again, Flint and Barber fail to recognize that if our town keeps spending money on frivolous public records requests and frivolous lawsuits, then those are dollars that cannot then be spent on the town's real needs. And frankly, I think that anyone who supports Richardson immediately loses their credibility on all other issues. If Flint and Barber want to be heard and listened to, they need to unhitch themselves from Richardson's wagon and let Richardson and the rest of the town know that they absolutely DO NOT SUPPORT Richardson's actions. This is especially true for Flint who is seeking appointment to the board tonight, and who may well want to run in the next election. Because anyone who supports Richardson or who begs off and tries to stay neutral on Richardson's attempts to ruin our town financially will never be a CSD Director. Facts are facts Don.
I need to head to a meeting, but let’s quickly catch a couple of your “concerns” and correct a couple of your misstatements.
The Piepho-Stovall meeting you mentioned. The CSD never said they violated the Brown Act. They said there could have been a violation and they took action to avoid a repeat. Repeating your unsubstantiated opinion a dozen times don’t make it so. So you’re accusation is false.
Agenda packets. The law says an agenda must be posted 72 hrs in advance of a meeting. They are generally made available at the CSD office on Fridays and posted to the web. You have complained that is inconvenient for you and demanded some special effort be made to get them to you in a manner you see fit. You felt that since your work schedule didn’t mesh with the CSD office hours that you should be given special attention over and above the rest of 15,000 residents. The little box they hang on the fence should be named “Donny’s box” just for you. The CSD has not been violating the Brown Act on agendas just because hasn’t been convenient for you. Another false accusation on your part.
The website thing where you and Barber attempted to compare Volkswagons to Ferraris and insist they were the same thing and should be priced as such. I wouldn’t even know where to start to carve on the ignorance. Seems you are still spouting sour grapes because somebody didn’t pat you on the head or something.
Mankin’s concern over stipends was centered on 2 Directors and SMAC meetings. Barber jumped up and demanded an audit and all Directors be looked at and we’re still waiting for a report back. Based on your portrayal, I’m guessing you wouldn’t understand the difference between a paper cut and a limb amputation either.
After that you go to great length to hitch Mankin and Richardson on credibility. Attempting to smear one while raising the credibility of the other. Pathetic tactic, but desperate people do desperate things.
What your problem is, and this holds true for Richardson and Barber as well, is you don’t understand the meaning of the word “No”. When town counsel tells you you’re wrong, you go to County Counsel. He says you’re wrong, you go to the DA. He says you’re wrong and you go to Hal Bailey?? WTF? Who’s the navigator on the USS Pinhead anyway?
You just don’t get the simple fact that you are wrong in your understanding of the law. And when you ask the same question 6 times, get a consistent answer from several legal begals and still don’t get it, then you get labeled a crackpot or “denigrated” as you like to say. It’s my opinion that most rational people “get it” after 3 or 4 consistent answers, but that’s just me.
But I digress. If it weren’t for people doing stupid things what would we have to talk about out here in our sleepy little corner of the world?
You and your little group are in the business of taking honest people who sometimes make honest mistakes and attempting to spin them as capital crimes. Maybe that’s some sort of merit badge thing for you, but I think it’s pretty pathetic.
No matter how long an essay you write, no matter how loud you and Jeffrey stomp your feet, you are not a) getting a pony for Xmas and b)getting an invite to the November 12, 2009 meeting discussing the community center and involving the county, Hofmann and representatives of the CSD.
But here's the best part; your little stipend chase has galvanized the fact that you will be receiving no follow-up report on said meeting.
Still shooting yourself in the foot after all that effort. What a shame.
But hey, I'm with you and Barber, the CSD totally should have taken contaminated land from Hoffman instead of holding out for land that wouldn't give our children cancer.
I would also like to say there is no way Bob Mankin’s letter has cost the district 130,000 dollars in legal fee’s. Comparing Bob Mankin to Bill Richardson and yourself is like comparing a pee shooter to a howitzer.
Mr. Flint, you can defend your action all you want with rhetoric and misdirection and it isn’t going to change what you have done and what you have in the past and continue to cost this district. If your actions were pure and selfless, you wouldn't be defending them on the internet.
I would keep going but only five people are reading this...
Interestingly, I think that the issue that Bob Mankin raised is a REAL ONE rather than a garbage-can-full of meaningless pebbles being shot from Richardson's slingshot.
I don't think anything more needs to be said.
But what's even more impressive are the remaining Directors. Simon and Tetreault may have been backed by the crazies, but they clearly don't drink the kool-aid and in fact are now pushing back against this insanity. Piepho has always been solid in that regard. So we have 3 dedicated individuals working toward a common goal to salvage this community from a small band of nuts.
My hat is off to these people and it is up to us, the citizenry, to put our support behind their efforts.
Since you seem to have all of the answers about a grant deed, measure L document etc that you can't just point us to these docs on Flint's site. So he obviously doesn't have them. But if you ask him to post them I'm sure he will. And if he doesn't have them then you could have asked Richardson - the holder of all public records for Discovery Bay - to supply them to Flint. And posts in this thread of asked that this be done over and over again. But you haven't which makes it pretty clear that you don't have the evidence to back up your claims. Interestingly though, Lithium seems to have evidence to back up his statements, and provides links right in his posts. So who lacks credibility? The one who goes by username or the one who uses his real name??? I think the answer is clear.
And despite my request for you to indicate whether or not you support Richardson's harassment and financial ruination of Discovery Bay, you have not responded. That lack of response clearly then indicates to everyone that you DO support Richardson's efforts. I look at it this way. You are clearly against growth and progress for Discovery Bay. What better way to ensure that there is no growth and no progress here? Ensure that there are no available funds to spend of course. I have to say it is an intelligent scheme: Push Richardson to waste ratepayer money as well as staff and director time responding to frivolous public records requests and frivolous lawsuits. Bait Flint to encourage him to do the same 'cause you know how easily he's influenced by whoever is talking to him. Then you get to stand up at the podium and blog on the Press site and whine and complain about how the town has no money so we can't possibly handle the infrastructure required to have any sort of growth and progress in this town. And then as a capper, be sure to throw the Piephos under the bus as often as possible, blaming them for everything that you, Richardson and Flint have caused. Let's not forget that David Piepho is the longest-running / most elected official in Discovery Bay history. He's been helping to govern our town for 14 years. You see, you, Flint and Richardson each only get 1 vote when it's election season, while there are thousands of other Discovery Bay citizens who ALSO get to cast their votes. And let's see what's happening with the candidates you, Flint and Richardson supported...Former Director Dave Dove nearly always voted the same as the other directors, which is why the votes were nearly always recorded as 5-0. So that shows that he wasn't swayed by your antics once elected into office. And he was so angered and frustrated by those same antics that he resigned early, not even completing 1 term. And you know, I don't blame him one bit. What a circus act this town has become. And what about President Ray Tetreault and Director Mark Simon? Both of these guys were also supported by you, Flint and Richardson, yet when they got elected into office, they voted with their hearts and minds like directors should and they have chosen to do what is in the best interest of Discovery Bay on all issues. Again, the votes have nearly always been 5-0 when we had a full board and they have been 3-0 every time since Director Dove and Director Murphy-Texeira resigned. So what does that say? It says that even the candidates you three have supported recognize that Richardson, Flint and Barber are like the 3 blind mice...See how they run, see how they run...
The anonymity keeps you, Richardson and Flint from wasting my time with the flood of attacking letters you write in the background that readers here don't see or probably even know about. It does not change for a wit the facts that I presented to you clear as day that you cannot refute or even respond to.
How many times now have you been asked for this deed you claim exists or to explain your association to Richardson?
So you are done, done? Or done, done, done? Because you said that 4 days ago too.
You're so desperate for any sort of confirmation that you now reference a developer handout? Is this the same developer who promised you an Outback Steak House? You didn’t believe him then, but you believe him now?
What’s so hard about clicking on the link I provided you or calling the county to get the straight up history of the ULL? Afraid you might find out how wrong you are?
Like when Piepho said he “might” not be on the Board and you translated that to he was moving, it appears you take some generous license in your interpretations there Mr. Barber. I can spin a vote to say, “since the property was not removed from the ULL, this vote is a referendum that the voters are OK with it” and that’s not entirely accurate. But you obviously bit and bit hard.
I have no idea where you’re going with the rambling about Oakley and stipends, but I’m sure you’ll be back to enlighten us some other day. Maybe next time bring along some real facts to support your ranting and something a little more substantial than “because I said so” to support the idea that you speak for your neighbors or anyone outside the group of a half dozen complainers you hang out with.
I will make a couple parting comments:
I suggest you have a talk with your developer pal who was passing out the Measure L document and touting it is the defining vote for the land he had an option on to be able to developed residential. He made a point to give me the document and was crystal clear with his words. I suggest you two meet to get your stories straight.
I truly hope you fail in your quest to transform this area into East Oakley. If you really think that is what your neighbors want then I think you are sadly mistaken. My advise is to keep that kind of talk quite or within your inner circle else you will end up like that guy who started the whole stipend thing and now is backpedaling 100 mph as it whiplashed and bit him on the butt.
I think this Wednesday we should ask for formal apologies from this little cabal of Barber, Flint and Richardon who have run the CSD into a ditch through their self-serving efforts.
All avenues and case law should explored by legal staff to see if a suit can be brought to bring a halt to this destructive behavior on their parts.
There is a bill in the State Assembly(AB 520) that was drafted to address "vexatious requestors" such as these individuals who use the laws in a purely offensive effort to attack agencies and officials. I don't happen to agree with all the provisions of the bill, but this is the sort of blowback that happens when people can't act like adults. It would undoubtedly ruin it for legitimate requests, but that is the price that will be paid by the many when the few can't act responsibly.
Keep it up you guys. You fuel your own fate.
You just ran two people off the board with your brow beating approach, costing the District and the community untold hardship and you want names? No thanks. I don't need some crazy old man showing up on my doorstep for 2 hrs to explain the meaning of life. I’ve got better things to do with my day.
Obscure facts, you say?
http://www.westernwater.com/news/bid_results.aspx
Not really, if you’re someone following the issues affecting the Delta. You just have to pay attention.
I don’t have a lot of time for your nonsense right now, so let me bullet point a couple for you:
The urban limit line you claim was altered under the current Supervisor. You would be wrong once again. Measure L passed with a 63% approval of the voters, but it doesn’t really matter as nothing was changing in Discovery Bay anyway. Look at the proposed map for yourself
http://www.co.contra-costa.ca.us/depart/cd/current/advance/ULL/MeasureLCountyMap.pdf
Changes are marked in color. The current east boundary(where you claim change was made) was not altered. There were discussions by the LDS Church about their property to the south of Hwy 4, but they balked and as such they got shut out for 20 years. But don’t kid yourself, Discovery Bay is eventually going to grow in the only real direction it can(probably not in my lifetime) and that is to the south.
While I don’t attend all the meetings, I happened to be at the one you’re talking about concerning Piepho’s residency status going forward. I suggest you round up the tape from your friend Richardson and listen to it again. Piepho said he “might not be here” referring to his seat on the CSD Board. You took that as meaning he wouldn’t be in DB at all, so that’s on you. They’ve been here far longer than you and they have much deeper roots than you do, so don’t know where you got your wild idea. Now the reason I know this is because this isn’t the first time you’ve trotted that one out and after the last time you made that claim I asked the Piephos directly.
So much for your short-timer theory.
But don’t take my word for it, call or email them and get it straight from the horse’s mouth instead of coming in here and repeatedly making a fool of yourself with unsubstantiated claims. Then call or email the clerk of the Board of Supervisors and find out when the current ULL was drawn around DB.
These statements you claim are “facts” are in reality are just your opinions with no truth to them because either you have a horrible memory or in your haste to smear people you’re just making it up as you go. So if you want to keep going here chasing your own tail, be my guest. Otherwise I suggest you get document guy cracking or learn how to read a ULL map or do something less destructive than the path you’re on. The used car salesmen deal is getting a little old.
Discovery Bay has is in the process of changing from a strictly resort/retirement community to more of a bedroom community and there’s nothing you can do to change that. If you don’t like the way progress works, then pack your crap and shuttle off to that gig of yours in Utah. Maybe a fresh start with people who haven’t seen the act will produce different results for you.
I also think it would be a good idea for you to answer the question about your alliance with Richardson. I already know the answer. Others don't.
I’m not going to debate your entire diatribe (because you’ll just read every fifth word and then we’ll be at this for weeks) but I will make a couple comments.
You referenced the quest of the current supervisor to protect DB. I might be wrong (please correct me if I am) but I believe it was on her watch that the urban limit line was expanded such that some day DB could potentially have 2x the population in less than 2x the space. I don’t call that protecting. I also recall DP saying, on the public record, that he (I assume wife as well) would be moving out of DB in a certain number of years (I forgot the number). Sorry but in my experience short timers blow toward political expediency and do not think long-term.
You referenced the oh so smart county traffic planners. Based on their recent work on the rt4 bypass I think my kid’s kindergarten class could have done a better job. I wonder if the county people involved in this community center thing are in the same league as you place the traffic people?
Again reading comp is an issue. It was not me who interjected the Out Back Steak House example; it was one of your beloved developers (I think he said he had even spoken to some chains about this area). And I did not say ‘big box”, I said big chain (big difference). Sorry, I do not want to be inundated with strip malls and chain establishments (of any size).
For people who know so much and have every government process so well understood I would think you would be proud to reveal your identity. Your case for thwarting random, uniformed malcontents like me would be so much stronger.
That isn't logical.
Discovery Bay no doubt suffers to a degree from poor planning and design from some 30 years ago. Back then there wasn’t anybody advocating on our behalf, so here you go. Nowadays we have strong advocacy with a sitting Supervisor right here to watch and be sure we don’t get steamrolled again. But you can’t get over your petty issues with the woman over a freakin’ recreational activity, so you instead spend the majority of your energy in political payback mode instead of looking at the big picture of what’s best for Discovery Bay.
Yours and my vision of Discovery Bay doesn’t mean a hill of beans because there isn’t anything before the community that drastically alters the future to spur public discussion on direction. Pantages may be that start and Private Island is so far down the road it’s 50/50 as to whether we’ll be pushing up daisies before anything even happens to that property. So how about you cool your out-of-control jets and stop running around like a loon at town meetings and give people the opportunity to listen to what you have to say. You actually generate coherent thoughts on occasion, but 95% of the time people discount you before you even open your mouth based on your angry persona and your well documented history of behavior.
You mention property values before. So why do you think places like Blackhawk and some of the nicer parts of Alamo and Walnut Creek generate the values they do? Do you think it might be the proximity to work centers and shopping? You seem to think this little secret you’ve got in Discovery Bay has no ceiling on price if you just keep it tiny? You’re kidding yourself. Eventually the lack of amenities and infrastructure tax base turns around and bites you on the ass. Any references or comparisons you try to make to other small communities are immediately invalidated if you’re not talking about similar age, infrastructure and demographics. And I don’t know of a comparable 30 yr old community that fits those parameters in Calif, do you?
It’s not a secret that any community that touches the Delta with waste water treatment is going to come under tremendous pressure in the future to retrofit facilities and continually improve water quality of their effluent. Tracy is in the midst of a $100 M retrofit project for their WWTP. Oakley has a $66M project going. Oakdale $16M. Hughson $23.5M. Nevada City $30M. Napa $40m. Lodi $25M. All of these are forced to upgrade for their permits from a water quality control board. They didn’t just go out and decide to spend that kind of taxpayer money for the hell of it.
What’s that have to do with Discovery Bay, you ask? You pump anything that flows to the Delta and you will forever be subjected to their scrutiny and costs to meet incrementally increasing water quality standards. So just how long do you think it will be before the regional board slaps us with a major retrofit requirement? Remember, we’re one of the last of the line before the intake pumps for CVP and SWP. Guaranteed that at some point we will face a major tab for an upgrade project. So, Mr. Barber, does it make sense to put that on the backs of 15k residents or would it be fiscally smart to pin some of that on a developer? How would you like to be staring at a 20 MILLION DOLLAR project that you’re going to be cutting a proportional check for? How loud will you be yelling then?
I don’t get your Outback Steak House deal at all. Anyone with a fleeting understanding of demographics knows big chains like that don’t build in small communities. Starbucks and Safeway are in the order of 10k resident threshold, but if you think Home Depot is sizing up a lot across Hwy 4, then you are clueless. Ditto for a chain like Outback. But again, you seem to want to force your vision of amenities on the rest of us without the courtesy of a conversation. Thanks, but no thanks.
If and when a developer, whomever that might be, brings forward a project for Discovery Bay within the urban limit line, it will go through a host of studies, reviews and public comment periods. There are experts far smarter than you or I who do traffic studies, environmental studies and a gauntlet of review before you even get the opportunity to spout off. The parameters guiding those are constantly evolving, so don’t think for a second no one else hasn’t learned from past mistakes. I’ll be sitting in those very same meetings as you as I’m not interested in being railroaded any more than the next guy.
But if you or any of your cohorts believes you can shut out developers altogether, then you are a danger to the fiscal health of this community. Because those people play for keeps and the law is on their side. The last thing we need is your cronies working the CSD thinking just a firm “No” gets your agenda protected. All that does is cost the District money in a lost before you start legal challenge. They’ll sue you and anyone who stands in their way to get a fair shake before the county. They will be allowed to develop on their properties if they can meet the conditions put upon them, be it a simple expansion of water treatment or the requirement to build a new 4 lane freeway and a bridge.
It’s about time you started accepting reality and stop this little game of denial you’re playing. You aren’t accomplishing anything except to piss off a lot of people and waste a whole lot of money in the process.
I believe we're still waiting for a grant deed. Document boy having trouble with his scanner or something?
And just so you are aware, not everyone who lives here would be "just fine" if Safeway closed. There are many many more of us who would be very disappointed and who do not want to have to spent more money on gas and spend more time on the road to take care of basic necessities. Do I want an Outback Steakhouse in Discovery Bay? No. But I would like to see more family-owned restaurants and shops here. Local dining and shopping helps to build community and makes life more enjoyable as well as more convenient for those who live here.
As for my past comments about the grocery store. Again your habit of skipping words is getting in the way of your comprehension. What I said was, I lived in DB before there was a grocery store and I got along just fine. I have said that I like the connivance of the grocery store and have no problem with it. I have also said that if for whatever reason it were gone tomorrow I would get along just fine like I did before.
Now on that same theme I have said that I absolutely oppose more big chain establishments in this area. A couple years ago when a developer was touting all the good his several thousand-unit tract would do for area he said wouldn’t it be great to have an Outback Steak House in your backyard. I can tell you it wasn’t just me that about tore that guy a new one over that statement.
You have made claims to the effect that more development solves infrastructure issues and keeps taxes low. (if that is not your mantra please correct me). With respect to taxes I just do not believe what you are saying is a categorical reality. If it were then small communities would always face higher taxes and have an inferior quality of life. I know from my real world experience living in various places that that is just not an absolute statement.
I think what you and others sometimes over look is the geographical challenge this area faces. We are in the far corner of a financially starved county, pinned against the water and AG land with terrible bridges, no true transportation corridors and the access roads we do have are an abomination of bandages, fixes and compromises. This is not Livermore or Dublin.
My statements about housing development reflect that in my opinion for every area there is some zone of breaking point. History only serves to educate us and I think it is relevant to draw an analogy to the inability for S CA to sustain the rampant development that was allowed to occur in places that did not invest concurrently in infrastructure like reservoirs. I think DB has entered that zone. I also think because the developers in this area got off so easy that although they paid for some capacity expansion in general the potential for more harm that good is/was done if the development process continues without significant changes.
Just think if people a bunch of years ago would have said the same things about all the development in the desert. Let us let our unique geographic reality and history be a guide. Now is not the time to testing the limits of our water resources or to be betting the future on the willingness of developers to pay for what they got away with in the past.