Two mailers and a television ad produced by the Democratic Congressional Campaign Committee contain largely misleading information about GOP congressional nominee Dean Andal.
Andal is challenging Rep. Jerry McNerney, D-Pleasanton, in District 11.
The Contra Costa Times periodically investigates campaign materials for their veracity.
These mailers and ad focus on Andal's role as a consultant to major Central Valley developer Gerry Kamilos.
Kamilos and his partners are developing property in Mountain House adjacent to the San Joaquin Delta College's plans to build a satellite campus, which has suffered delays and rising costs.
WHAT THE AD SAID: "When Dean Andal and his employer won a multimillion-dollar contract, taxpayers lost big."
IS IT TRUE? Andal and Kamilos did not "win" a contract in the traditional manner that a private company bids for a government project.
Kamilos has not won a contract to build the college. He does not own the land where the campus will be built.
The contract that Kamilos and the college signed is a reimbursement agreement in which the developer agreed to pay $17.6 million to bring roads, utilities and water across his and his partners' property to the campus.
The deal came about when the college said it could not legally pay for off-site work.
Kamilos put up the money after the district began seriously considering an alternative Advertisementsite in Tracy.
Critics say Kamilos wants the college next door because it will boost his property values and future profits although Andal disputes that as unproven conjecture.
It is true, however, that taxpayers lost buying power in the months of delays that have plagued this satellite campus.
Construction costs soared from $55 million to $94 million and the campus has been scaled back from a permanent structure to portables.
WHAT THE AD SAID: "A grand jury named Dean Andal as receiving inside information used to win public contracts."
IS IT TRUE? No. The grand jury report never mentions Andal's name.
The incident refers to a Feb. 9, 2006, meeting of the trustees where they discussed in closed session reopening talks with Tracy and declaring Kamilos in breach of the reimbursement agreement because he had failed to deliver required letters of credit.
According to the grand jury report — and the Delta College board later concurred — "phone calls and a faxed letter indicated that one or more board members had relayed confidential, closed-session information about the 'breach of contract' discussion to the developer and his consultant."
Andal denied that he was the consultant identified in the report.
However, San Joaquin Delta College Trustee Ted Simas has repeatedly and publicly named Andal as the consultant involved.
He said that Andal called him the day after the closed session, informed him that two trustees had phoned Kamilos and knew what had been discussed.
Andal denied making the statement or being the recipient of any closed-session information.
WHAT THE AD SAID: "According to San Joaquin Delta College staff, sticking with Andal and his company's project instead of choosing another location wasted $50 million in taxpayer dollars."
IS IT TRUE? Yes.
College staff estimated in 2005 that building the satellite campus in Tracy rather than Mountain House would save $50 million on the project cost.
Staff recommended the shift but Andal and Kamilos disagreed. The majority of the board voted to stick with Mountain House.
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