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Livermore City Councilmember Ben Barrientos cast a lone vote against the Garaventa Hills housing project at a council meeting last month despite advice from the Fair Political Practices Commission to abstain due to a disqualifying financial interest.
The interest at play is Barrientos’ residence, located approximately 700 feet from the 44-unit residential development planned for North Livermore, according to a letter the FPPC wrote city attorney Jason Alcala in June 2023.
Barrientos’ property abuts a road that can be used as a vehicle ingress and egress from the project site, so the new units would likely mean increased traffic along that road, the FPPC wrote. Overall, the development could change the income producing potential, character and market value of the councilmember’s residence, the FPPC declared.
“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.
Alcala’s team relayed the FPPC’s recommendation to Barrientos, the councilmember confirmed with Livermore Vine.
The guidance was offered in line with 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”.
But according to Barrientos, he has no financial interest in the development and simply wanted to represent the opinion of his constituents.
“How could it be a conflict of interest?” he asked. “If I owned property or owned part of the land, I could see that. If I was going to make any money on it, I could see that being a conflict of interest.”
He said that before the vote he thought, “The odds are, like a million to one, that it’s not going to go my way. So I’m going to go out there and voice the opinion of myself and the people who I represent.”
Additionally, Barrientos claims that the FPPC advice is based on incorrect information.
“They got information from the city and what they thought and then they based their decision on what the city thought,” Barrientos said. “I think some of the measurements were not quite right.”
Barrientos claimed the FPPC based their advice on his home being 500 feet from the project, whereas he really lives 600 to 800 feet from it.
According to the advice letter, the commission based its decision on Barrientos’ property being categorically located at more than 500 but less than 1,000 feet from the project site.
The FPPC declined to comment on the situation, per commission norm.
The consequences for Barrientos’ participation in the Garaventa vote, if any, are yet to be seen. However, the councilmember told Livermore Vine that an anonymous person has filed a complaint against him with the FPPC.
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