30-year career serving East County
By Steve Aubert, Fire Marshall, Public Information Officer, East Contra Costa Fire Protection District
The East Contra Costa Fire Protection District is sad to announce the passing of retired Oakley and East Contra Costa Volunteer Fire Captain Mark Ayers.
Mark began serving the community of Oakley in March of 1978 as a volunteer firefighter with the Oakley Fire Protection District. For the next 30 years, he continued to make his community a safer place until his retirement in 2008 at the rank of Captain from the East Contra Costa Fire Protection District. Mark had a great impact on many firefighters as he took on the role of Oakley’s Training Captain. His influence lives on in the lessons and mentorship of his firefighters, many whom still work in the fire service.
Mark was 64 years old.
We would like to offer our condolences to the Ayers family and to thank them for sharing Mark with us. His legacy will continue to be with us.
The Ayers family would like to request donations be given in lieu of flowers to a Veterans Organization of your choice.
A Celebration of Life is planned to be held in Oakley. Details will be released when available.
Mark James Ayers
October 7, 1955-July 1, 2020
Obituary
Mark James Ayers was born in Antioch, CA on October 7, 1955 and remained a resident of Oakley until 2016. He passed the afternoon of July 1, 2020 at his Sacramento home with his family by his side. He was preceded in death by his parents, Oliver “Bill” and Doris “Dorie” Ayers and his brother, Richard “Rick” Ayers. Mark is survived by his wife Lorraine “Rainy” (nee Senna), his daughter Devon Gambonini (Dan), stepson James Niccolson (Crystal), grandson Logan, and granddaughters Audrey and Abby. Mark was also “Papa Mark” to Joel Myers Jr. and Jake Myers.
Mark attended Liberty High School where he played drums as a part of the marching band. After his 1973 graduation, he went on to earn his Associates Degree in Fire Science at Los Medanos in Pittsburg, CA after which he joined KMART and JC Penney’s in Antioch, CA as the head of their Loss Prevention teams. Mark officially joined the Oakley Fire Department as a volunteer in March 1978 where he remained until 2008 retiring with the rank of Captain. DOW Chemical hired Mark in June 1986 and he climbed the ranks until June 2016 when he retired in his final position as Fire Chief. During his longstanding career in the fire service, Mark served as a mentor for many firefighters, including his nephew Michael as well as his daughter.
In his younger years, Mark enjoyed hunting, fishing, and competing in fire musters. Mark was handy and could fix just about anything that needed fixing. After years of being a motorcycle fan and to increase his personal joy and fulfillment, Mark traded in his Honda for a brand-new Harley Davidson. This decision led to him joining and becoming a lifetime member of the Iron Warriors Motorcycle Club, which is comprised of law enforcement and fire service personnel. During his time in the Club, Mark enjoyed a steadfast brotherhood and comradery. He was affectionately known by his Brothers as “Wilbur,” which dates to Mark’s one and only cycle accident on the street bearing the same name.
As much as Mark loved the fire department and motorcycle club, Mark’s true and deepest passion was his family. His biggest source of pride was his daughter and his grandchildren. Mark’s boisterous laugh and wicked sense of humor will be missed by all who knew him.
Mark’s final wish was not to have a funeral service, but rather a celebration of life or a “big ass party” as he preferred to laugh until you cry.
Although not a veteran himself, Mark spent time visiting with residents of the Veterans Home of California, Yountville and the family requests that in lieu of flowers, donations be shared with a Veteran’s association of your choosing.
Read MoreNearly one month’s worth of grass fires in five-hour period; unprecedented level of fire activity strains resources, limits responses
By Steve Hill, Public Information Officer, Contra Costa County Fire Protection District
Contra Costa County Fire Protection District (Con Fire) today made available details of the unprecedented fire and EMS activity, much of it fireworks related, occurring across the District during the Independence Day holiday weekend.
For the five-hour period from 7 p.m. to midnight on July 4, the District dispatched firefighting resources to 63 grass, structure other fires, including those burning in backyards, in dumpsters, and vehicles. For the entire Independence Day weekend, responses numbered 93 for fires.
In spite of 60-plus grass, vegetation and other exterior fires burning across the District on the evening of the Fourth, not a single structure was lost as a result of these fires. In one of the most dangerous fires, initially reported just before 11 p.m. in the vicinity of Southwood Drive and Oak Hills Drive in Pittsburg, more than 20 homes were threatened with fire burning to within 30 feet of several. Some 20 fire apparatus and crews worked for more than hour to contain this blaze without involvement of any homes.
Of the 13 structure fires occurring over the weekend, three are known to have, and others are suspected of having been, caused by illegal fireworks use. One was caused by a homeowner placing expended fireworks in a garbage can next to their home, which ignited the can’s contents, quickly spreading to the home’s exterior. In the second case, fireworks set off in an adjacent alleyway started a fire in a nearby home. Thanks to quick reporting and fire responses, damage in each of these cases was minor.
In the busiest hours of the weekend, between 9 and 11 p.m. on the evening of the Fourth, dispatchers were stretched to the limit, as were firefighters, by an unprecedented level of calls to the Contra Costa Regional Fire Communications Center. Crews were dispatched to nearly 50 fire incidents alone. At the height of this two-hour period, due to demand for emergency services, Con Fire was forced to limit assignments to all but structure fires to a single fire engine, increasing risks for both residents and firefighters.
Calls for emergency medical services were also up significantly over normal, non-holiday periods with some of this increase likely attributable to fireworks activity. On July 3, ambulances were dispatched on 272 EMS calls, which resulted in 182 patient transports. On the Fourth, 378 EMS incidents were responded to with 232 transported and on July 5, there were a total of 325 EMS incidents responded to with 194 transports made. During a non-holiday period, an average of 200 daily transports would be expected.
Thanks to considerable and costly preparation by Con Fire and other fire jurisdictions, disaster was in large part averted in Contra Costa County. Con Fire’s preparations included adding additional staffing including two firefighting bulldozers, hand crew 12, an additional wildland fire engine and crew, a water tender and crew, an additional battalion chief, an additional dispatcher, and all four fire investigators.
Working with fire agencies across the region, two firefighting task forces were also established consisting of four firefighting apparatus, crews and a chief officer each. One task force was available July 3 and two on the evening of the Fourth. Cooperating agencies included Con Fire, East Bay Regional Parks District, the Federal Fire Department MOTCO, and San Ramon Valley, East Contra Costa, and Moraga-Orinda Fire Protection Districts.
Read MoreWhite couple paints over Black Lives Matter street mural
An unidentified white couple was recorded painting over a Black Lives Matter street mural located in front of a Bay Area courthouse.
Posted by Corey L. Teague on Sunday, July 5, 2020
By Scott Alonso, Public Information Officer, Contra Costa District Attorney
Martinez, Calif. – Today, Tuesday, July 7, 2020, the Contra Costa County District Attorney’s Office charged Martinez residents Nichole Anderson (42-years old) and David Nelson (53-years-old) with three misdemeanor counts, including a hate crime, for their alleged actions on Saturday, July 4, when defendant Anderson covered up a mural with the words BLACK LIVES MATTER in all capitals, with black paint. Nelson directly aided in the alleged criminal conduct. The incident was captured on video by witnesses.
On July 1, a local Martinez resident applied for a permit to paint a Black lives matter temporary mural on Court Street in downtown Martinez in front of the Wakefield Taylor Courthouse. The permit was approved by the City of Martinez and it was painted on July 4.
Nelson and Anderson arrived at the scene of the mural after it was completed with paint supplies. Anderson started to paint over the yellow letters “B” and “L” in the word “BLACK.” She used black paint and a large paint roller to do so. The video has been shared widely by witnesses and shared on social media.
“We must address the root and byproduct of systemic racism in our country. The Black lives matter movement is an important civil rights cause that deserves all of our attention,” stated Contra Costa County District Attorney Diana Becton. “The mural completed last weekend was a peaceful and powerful way to communicate the importance of Black lives in Contra Costa County and the country. We must continue to elevate discussions and actually listen to one another in an effort to heal our community and country.”
In total, both defendants are charged for the following alleged offenses:
- Violation of Civil Rights, PC 422.6(b)
- Vandalism Under $400, PC 594(a)
- Possession of Tools to Commit Vandalism or Graffiti, PC 594.2(a)
If convicted, both defendants face up to a year in county jail. The alleged offenses are exempt from a specific bail amount due to the current county bail schedule in light of the COVID-19 pandemic.
Case information: People v. Nicole Claudia Anderson and David Richard Nelson, Docket Number 01-194031-1
Read More
Even without symptoms, you could expose others to #COVID19.Wear a mask and practice physical distancing to #SlowtheSpread and protect your loved ones. #YourActionsSaveLivesLearn more at covid19.ca.gov.
Posted by California Governor on Thursday, July 2, 2020
Multi-media campaign funded in part by Facebook founder Mark Zuckerberg, his wife, others
SACRAMENTO — As COVID-19 cases rise throughout the state, Governor Gavin Newsom announced last week the “Wear A Mask” public awareness campaign encouraging Californians to use face coverings – one of the best ways people can protect themselves and others from the virus. The campaign is taking an aggressive approach to slowing the spread of COVID-19, which will save lives and allow the state to reopen the economy. The campaign, which will continue until at least the end of the year, will kick off in English and Spanish and then expand into other languages later this month.
“We all have a responsibility to slow the spread. It is imperative – and required – that Californians protect each other by wearing masks and practicing physical distancing when in public so we can fully reopen our economy,” said Governor Newsom. “We all need to stand up, be leaders, show we care and get this done.”
The campaign began with a statewide push ahead of the July 4th holiday weekend. Broadcast and radio PSAs are being distributed in English and Spanish with local ABC, CBS, NBC, FOX, Univision, Telemundo, Ethnic Media Services, and iHeart Media affiliates. Billboards and outdoor advertisements are visible statewide in both English and Spanish thanks to ClearChannel, Lamar, VisCom Outdoor, iKahan Media, and LED Truck Media. The campaign includes a variety of shareable social media content with key messages on why and how to wear a mask.
See Behind the Mask video, here.
In the coming weeks, the campaign increasingly will focus on those who have been disproportionately harmed by this pandemic, particularly California’s Black and Latinx communities. Messages will be translated into seven languages and delivered by trusted messengers. In addition, the Listos California emergency preparedness campaign will be supporting paid media efforts and bolstering community engagement efforts.
See I Care video, here.
The “Wear a Mask” campaign received seed funding in partnership with the Chan Zuckerberg Initiative, The Skoll Foundation, Rick Caruso, Tom Steyer, the CDC Foundation, and Sierra Health Foundation. It’s a continuation of the “Your Actions Save Lives” campaign that has promoted critical public health messaging throughout the pandemic, raising more than $10.75 million in cash and $27 million in in-kind partnerships with multimedia organizations and members of the Governor’s Task Force on Business and Jobs recovery. Additional cash contributions and partnerships will be announced in the coming weeks.
Read MoreCOVID-19 spreading rapidly in county; 209 new cases confirmed today
Contra Costa County today updated its health order about when and where members of the public should wear face coverings during the COVID-19 pandemic to align it with current state guidance.
Local data indicate that COVID-19 is spreading rapidly in Contra Costa County. The county is currently on the California Department of Public Health’s monitoring list because of increasing numbers of COVID-19 patients in local hospitals. Today Contra Costa reports 209 new confirmed cases.
The updated order specifies that face coverings should be worn in businesses and in areas where people wait in line to enter businesses, and that everyone should wear a mask or face covering whenever they are within six feet of another person who is not a member of their household, except in very limited, industry-specific situations.
7/9/20 CORRECTION & UPDATE: People who have certain health conditions are exempt from wearing masks that fit snugly over the mouth and nose.
The order also requires businesses that are open during the pandemic to ensure their workers and volunteers wear face coverings, and to not serve or allow entry to anyone not wearing face coverings.
Persons exempted from wearing a face covering due to a medical condition who are employed in a job involving regular contact with others should wear a non-restrictive alternative, such as a face shield with a cloth drape on the bottom edge to contain coughs and sneezes., as long as their condition permits it.
“We encourage people who need an alternative to consider face shields when and how described by the state guidance, but it is not mandated by the county order,” added Contra Costa Health Services spokesman, Karl Fischer.
“We recognize there is a lot of detailed health guidance coming from state and local sources, and that can be confusing,” said Candace Andersen, chair of the Contra Costa Board of Supervisors. “With COVID-19 spreading more in our community, it is more important than ever to follow the state health guidance and wear a face covering whenever you go out.”
Face coverings, even if just cloth bandanas, help reduce the spread of COVID-19 by blocking virus-containing droplets that come out of our mouths and noses when we breath, speak, cough or sneeze. Face coverings are one of the simplest and most effective ways to slow the virus spread and allow for further re-opening of the economy. The World Health Organization, the Centers for Disease Control and the California Department of Public Health all recommend face coverings due to emerging evidence of benefit in reducing the spread of COVID-19.
- CDC recommends that people wear cloth face coverings in public settings and when around people who don’t live in your household, especially when other social distancing measures are difficult to maintain.
- Cloth face coverings may help prevent people who have COVID-19 from spreading the virus to others.
- Cloth face coverings are most likely to reduce the spread of COVID-19 when they are widely used by people in public settings.
- Cloth face coverings should NOT be worn by children under the age of 2 or anyone who has trouble breathing, is unconscious, incapacitated, or otherwise unable to remove the mask without assistance.
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CCHS encourages everyone to take simple steps to protect themselves from COVID-19: Follow the shelter-in-place order, and wear a face covering when you go out or are near other people. Wash your hands thoroughly and frequently, and always stay home from work or school if you are not feeling well.
Visit cchealth.org/coronavirus to read the new health order, and for local information about Contra Costa’s response to the COVID-19 pandemic.
Read More
Vehicle plunged 300 feet down; removal may require helicopter
By Allen Payton
According to Cameron Morrison, Supervising State Park Peace Officer,
“On July 4th at around 2:47 pm we received a 9-11 call of a vehicle over the edge on Summit Road,” he said. “Three officers responded. I responded from the summit from Mt. Diablo and was the first one on scene.
From Summit Road I could see an SUV several hundred feet down the hillside and I made my way down,” Morrison continued. “When I got down to where the vehicle was located, I found a woman in her 70’s who had been ejected from the SUV.”
“We provided medical care for her. At approximately 3:30 pm San Ramon Valley Protection Fire District personnel arrived and at that time they pronounced her deceased,” he stated.
“There was nothing that was found that would indicate that there was any intoxication of any kind,” said Morrison. “We found where she left the road. You can see the tracks and right below you can see the broken brush and trees. It’s an extremely steep roadside.”
On Monday, the Contra Costa County Coroner’s Office identified the woman as “Julie Watson, a white female out of Danville.”
Vehicle Removal May Require Helicopter
Asked about the removal of the SUV, he responded, “We are working with her insurance agency regarding removing the vehicle. It’s about 300 feet at elevation from where it went off the road, but about 700 feet from the road. It will be very difficult for a tow truck company to have enough cable to reach.”
“We are also concerned about the resources of the park. We have a variety of sensitive species of plants. We don’t want to damage the side of the road, either,” Morrison explained. “So, we’re trying to look at getting it out with the least amount of impact on the park as possible.
“All of the roads were built back in the ‘30’s. So, the edges of the road are not engineered like normal roads. If we disturb that, we could lose the whole road in the winter,” he continued. “It’s possible it will have to be removed with a helicopter. We had the same thing happen with an airplane crash in the park a couple years ago.”
Read More850 more stalls; construction to be completed in multiple stages
As we expand parking at Antioch Station, we will also be making some modifications to the existing parking lot and access roads to comply with codes and improve traffic circulation and curbside operations. These modifications include: relocating permit parking, bike lockers, and the passenger loading zone; relocating and increasing ADA and motorcycle parking, designating spaces for future electric vehicle (EV) charging stations, providing a dedicated bus lane, and other access improvements.
Construction of the Antioch Station Parking Expansion Lot Project began on May 21. The project, located just east of and adjacent to the existing lot, includes:
- Construction of approximately 850 fee parking stalls
- Dedicated ADA accessible sidewalk to the Antioch Station
- Lighting
- Landscaping surrounding the new parking lot
We anticipate the opening of the new parking lot in early 2021.
All parking stalls that are to be removed or closed temporarily for construction will be signed at least 72 hours in advance. Please look out for barricades and signage to guide you around the work areas during this time.
Construction will occur in multiple stages to ensure that ADA parking, permit, and motorcycle stalls remain available at all times. At this time, Stages 1 and 2 are shown below. An update will be provided for Stages 3 and 4 which are anticipated to occur during September.
– Stage 1: Relocate permit parking; relocate and increase motorcycle parking.
– Stage 2: Construct dedicated bus lane (traffic flow during construction will not be significantly impacted); establish new ADA parking and future EV charging stations; motorcycle parking will be temporarily relocated as shown; install new railing to enhance station access.
Please see the maps of work areas for each stage of construction.
We apologize for this inconvenience and appreciate your patience during this construction.
During the current COVID-19 pandemic, some BART projects, including the Antioch Station Parking Expansion Project, have been designated as essential. For this reason, construction activities on the Antioch Station Parking Expansion Project will continue for the time being. BART and Contractors will ensure that workers comply with all CDC guidelines including the social distancing requirement. BART and Contractors will make adjustments as updates to the current situation are provided.
Allen Payton contributed to this report.
Read MoreTwo tax increases included in Props 15 and 19; Prop 18 lowers voting age to 17
SACRAMENTO, CA – Secretary of State Alex Padilla on Wednesday, July 1, assigned proposition numbers to the legislative, initiative, and referendum measures set to appear on the November 3, 2020 General Election ballot. Secretary Padilla also invited interested Californians to submit arguments to be considered for inclusion in the Official Voter Information Guide. The guide is mailed to every voting household in California and posted on the Secretary of State’s website.
The propositions are listed below, along with the Legislative Counsel’s digest or the Attorney General’s official circulating title and summary.
Proposition 14
AUTHORIZES BONDS TO CONTINUE FUNDING STEM CELL AND OTHER MEDICAL RESEARCH. INITIATIVE STATUTE. Authorizes $5.5 billion in state general obligation bonds to fund grants from the California Institute of Regenerative Medicine to educational, non-profit, and private entities for: (1) stem cell and other medical research, therapy development, and therapy delivery; (2) medical training; and (3) construction of research facilities. Dedicates $1.5 billion to fund research and therapy for Alzheimer’s, Parkinson’s, stroke, epilepsy, and other brain and central nervous system diseases and conditions. Limits bond issuance to $540 million annually. Appropriates money from General Fund to repay bond debt, but postpones repayment for first five years. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: State costs of $7.8 billion to pay off principal ($5.5 billion) and interest ($2.3 billion) on the bonds. Associated average annual debt payments of about $310 million for 25 years. The costs could be higher or lower than these estimates depending on factors such as the interest rate and the period of time over which the bonds are repaid. The state General Fund would pay most of the costs, with a relatively small amount of interest repaid by bond proceeds. (19-0022A1.)
Proposition 15
INCREASES FUNDING FOR PUBLIC SCHOOLS, COMMUNITY COLLEGES, AND LOCAL GOVERNMENT SERVICES BY CHANGING TAX ASSESSMENT OF COMMERCIAL AND INDUSTRIAL PROPERTY. INITIATIVE CONSTITUTIONAL AMENDMENT. Increases funding for K-12 public schools, community colleges, and local governments by requiring that commercial and industrial real property be taxed based on current market value. Exempts from this change: residential properties; agricultural properties; and owners of commercial and industrial properties with combined value of $3 million or less. Increased education funding will supplement existing school funding guarantees. Exempts small businesses from personal property tax; for other businesses, exempts $500,000 worth of personal property. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Net increase in annual property tax revenues of $7.5 billion to $12 billion in most years, depending on the strength of real estate markets. After backfilling state income tax losses related to the measure and paying for county administrative costs, the remaining $6.5 billion to $11.5 billion would be allocated to schools (40 percent) and other local governments (60 percent). (19-0008.)
Proposition 16
ACA 5 (Resolution Chapter 23), Weber. Government preferences.
The California Constitution, pursuant to provisions enacted by the initiative Proposition 209 in 1996, prohibits the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. The California Constitution defines the state for these purposes to include the state, any city, county, public university system, community college district, school district, special district, or any other political subdivision or governmental instrumentality of, or within, the state.
This measure would repeal these provisions. The measure would also make a statement of legislative findings in this regard.
WHEREAS, Equal opportunity is deeply rooted in the American ideals of fairness, justice, and equality. Programs to meet the goals of equal opportunity seek to realize these basic values. Equal opportunity not only helps individuals, but also helps communities in need and benefits our larger society. California’s equal opportunity program was upended by the passage of Proposition 209 in 1996; and
WHEREAS, Proposition 209, entitled the California Civil Rights Initiative, amended Article I of the California Constitution to prohibit race- and gender-conscious remedies to rectify the underutilization of women and people of color in public employment, as well as public contracting and education; and
WHEREAS, Proposition 209 invalidated a series of laws that had been enacted by the California Legislature over the 20 years prior to it that required state agencies to eliminate traditional patterns of segregation and exclusion in the workforce, to increase the representation of women and minorities in the state service by identifying jobs for which their employment was underrepresented due to discrimination, and to develop action plans to remedy such underrepresentation without effectuating quota systems; and
WHEREAS, Proposition 209 also overshadowed other landmark civil rights and antidiscrimination laws. In 1959, after a 37-year campaign by labor and civil rights groups, the Unruh Civil Rights Act was passed, which was the forerunner of the Civil Rights Act of 1964; and
WHEREAS, As a result of the passage of Proposition 209, women and people of color continue to face discrimination and disparity in opportunities to participate in numerous forms of association and work that are crucial to the development of talents and capabilities that enable people to contribute meaningfully to, and benefit from, the collective possibilities of national life; and
WHEREAS, The State of California has provided employment opportunities for people of color and women of all races. However, lingering, and even increasing, disparity still exists, particularly for Asian Americans, Pacific Islanders, Black Americans, Latino Americans, Native Americans, and women, and should be rectified; and
WHEREAS, Proposition 209 has impeded California’s continuing interest in supporting the equal participation of women in the workforce and in public works projects, in addressing the historical and present manifestations of gender bias, and in promulgating policies to enforce antidiscrimination in the workplace and on public projects; and
WHEREAS, In the wake of Proposition 209, California saw stark workforce diversity reductions for people of color and women in public contracting and in public education. Studies show that more diverse workforces perform better financially and are significantly more productive and focused; and
WHEREAS, Since the passage of Proposition 209, the state’s minority-owned and women-owned business enterprise programs have been decimated. A 2016 study conservatively estimates that the implementation of Proposition 209 cost women and people of color over $1,000,000,000 annually in lost contract awards. Most procurement and subcontracting processes remain effectively closed to these groups due to the changes brought on by Proposition 209; and
WHEREAS, Women are vastly underrepresented among firms receiving public contracts and the dollars awarded to certified women-owned business enterprises fell by roughly 40 percent, compared to levels before Proposition 209. In addition, only one-third of certified minority business enterprises in California’s transportation construction industry are still in operation today, compared to 20 years ago; and
WHEREAS, Women, particularly women of color, continue to face unequal pay for equal work. White women are paid 80 cents to every dollar paid to white men doing the same work. Black women are paid 60 cents for every dollar paid to white men doing the same work and would theoretically have to work an extra seven months every year to overcome that differential. This persistent gender wage gap continues to harm women, their families, and communities; and
WHEREAS, Despite a booming economy with almost full employment, a persistent racial wealth gap remains rooted in income inequality. Improving minority access to educational and labor market opportunity reduces the wealth gap and strengthens the economy; and
WHEREAS, Proposition 209 has had a devastating impact on minority equal opportunity and access to California’s publicly funded institutions of higher education. This violates the spirit of the California Master Plan for Higher Education by making it more difficult for many students to obtain an affordable and accessible high quality public education. While federal law allows schools to use race as a factor when making admissions decisions, California universities are prohibited by Proposition 209 from engaging in targeted outreach and extra efforts to matriculate high-performing minority students. This reduces .the graduation rates of students of color and, in turn, contributes to the diminution of the “pipeline” of candidates of color for faculty positions; and
WHEREAS, Since the passage of Proposition 209, diversity within public educational institutions has been stymied. Proposition 209 instigated a dramatic change in admissions policy at the University of California, with underrepresented group enrollment at the Berkeley and Los Angeles campuses of the University of California immediately falling by more than 60 percent and systemwide underrepresented group enrollment falling by at least 12 percent. Underrepresented group high school graduates faced substantial long-term declines in educational and employment outcomes as a result of these changes; and
WHEREAS, Among California high school graduates who apply to the University of California, passage of Proposition 209 has led to a decreased likelihood of earning a college degree within six years, a decreased likelihood of ever earning a graduate degree, and long-run declines in average wages and the likelihood of earning high wages measured by California standards. The University of California has never recovered the same level of diversity that it had before the loss of affirmative action nearly 20 years ago, a level that, at the time, was widely considered to be inadequate to meet the needs of the state and its young people because it did not achieve parity with the state’s ethnic demographics; and
WHEREAS, The importance of diversity in educational settings cannot be overstated. The Supreme Court of the United States outlined the benefits that arise from diversity, as follows, “the destruction of stereotypes, the promotion of cross-racial understanding, the preparation of a student body for an increasingly diverse workforce and society, and the cultivation of a set of leaders with legitimacy in the eyes of the citizenry”; and
WHEREAS, Federal courts continue to reaffirm the value of diversity in favor of race conscious admissions, as exemplified by United States District Judge Allison D. Burroughs who stated, “race conscious admissions programs that survive strict scrutiny have an important place in society and help ensure that colleges and universities can offer a diverse atmosphere that fosters learning, improves scholarship, and encourages mutual respect and understanding. Further, Judge Burroughs recognized that there are no race-neutral alternatives that would allow a university to achieve an adequately diverse student body while still perpetuating its standards for academic and other forms of excellence; and
WHEREAS, It is the intent of the Legislature that California remedy discrimination against, and underrepresentation of, certain disadvantaged groups in a manner consistent with the United States Constitution and allow gender, racial, and ethnic diversity to be considered among the factors used to decide college admissions and hiring and contracting by government institutions; and
WHEREAS, It is further the intent of the Legislature that California transcend a legacy of unequal treatment of marginalized groups and promote fairness and equal citizenship by affording the members of marginalized groups a fair and full opportunity to be integrated into state public institutions that advance upward mobility, pay equity, and racial wealth gap reduction; now, therefore, be it Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2019-20 Regular Session commencing on the third day of December 2018, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:
That Section 31 of Article I thereof is repealed.
Proposition 17
ACA 6 (Resolution Chapter 24), McCarty. Elections: disqualification of electors.
The California Constitution requires the Legislature to provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony. Existing statutory law, for purposes of determining who is entitled to register to vote, defines imprisoned as currently serving a state or federal prison sentence.
This measure would instead direct the Legislature to provide for the disqualification of electors who are serving a state or federal prison sentence for the conviction of a felony. This measure would also delete the requirement that the Legislature provide for the disqualification of electors while on parole for the conviction of a felony. The measure would provide for the restoration of voting rights upon completion of the prison term.
Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2019-20 Regular Session commencing on the third day of December 2018, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:
First-That Section 2 of Article II thereof is amended to read:
SEC. 2. (a) A United States citizen 18 years of age and resident in this State may vote.
(b) An elector disqualified from voting while serving a state or federal prison term, as described in Section 4, shall have their right to vote restored upon the completion of their prison term.
Second-That Section 4 of Article II thereof is amended to read:
SEC. 4. The Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or serving a state or federal prison term for the conviction of a felony.
Proposition 18
ACA 4 (Resolution Chapter 30), Mullin. Elections: voting age.
The California Constitution authorizes any person who is a United States citizen, at least 18 years of age, and a resident of the state to vote.
This measure, in addition, would authorize a United States citizen who is 17 years of age, is a resident of the state, and will be at least 18 years of age at the time of the next general election to vote in any primary or special election that occurs before the next general election in which the citizen would be eligible to vote if at least 18 years of age.
Proposition 19
The California Constitution limits the amount of ad valorem taxes on real property to 1% of the full cash value of that property, defined as the county assessor’s valuation of real property as shown on the 1975–76 tax bill and, thereafter, the appraised value of the property when purchased, newly constructed, or a change in ownership occurs after the 1975 assessment, subject to an annual inflation adjustment not to exceed 2%. The California Constitution authorizes the Legislature to authorize a person over 55 years of age or any severely and permanently disabled person residing in property eligible for the homeowner’s exemption to transfer the base year value of that property to a replacement dwelling of equal or lesser value located in the same county, or another county that has adopted an ordinance allowing base years value transfers from other counties, as provided. The California Constitution also provides that the purchase or transfer of the principal residence, and the first $1,000,000 of other real property, of a transferor in the case of a transfer between parents and their children, or between grandparents and their grandchildren if all the parents of those grandchildren are deceased, is not a “purchase” or “change in ownership” for purposes of determining the “full cash value” of property for taxation.
This measure, beginning on and after April 1, 2021, would authorize an owner of a primary residence who is over 55 years of age, severely disabled, or a victim of a wildfire or natural disaster, as defined, to transfer the taxable value, defined as the base year value plus inflation adjustments, of their primary residence to a replacement primary residence located anywhere in the state, regardless of the location or value of the replacement primary residence, that is purchased or newly constructed as that person’s principal residence within 2 years of the sale of the original primary residence. The measure would limit a person who is over 55 years of age or severely disabled to 3 transfers under these provisions.
The measure, beginning on and after February 16, 2021, would exclude from the terms “purchase” and “change in ownership” for purposes of determining the “full cash value” of property the purchase or transfer of a family home or family farm, as those terms are defined, of the transferor in the case of a transfer between parents and their children, or between grandparents and their grandchildren if all the parents of those grandchildren are deceased. In the case of a transfer of a family home, the measure would require that the property continue as the family home of the transferee. The measure would require that the taxable value of the property be determined as provided. In the case of property tax benefits provided to a family home under these provisions, the bill would require the transferee to claim the homeowner’s or disabled veteran’s exemption within one year of the transfer. The measure would specify that the above-described provisions relating to transfers between parents or grandparents and children or grandchildren would apply to transfers occurring on or before February 15, 2021.
The measure would establish the California Fire Response Fund in the State Treasury. The measure would require the Controller to annually transfer a specified amount, based on calculations by the Director of Finance, of the additional revenues and savings that accrued to the state from the implementation of this measure’s provisions from the General Fund to that fund. However, the measure would provide that, if the amount required to be transferred to the California Fire Response Fund exceeds the amount transferred for the previous fiscal year by more than 10%, that excess amount would not be transferred to the California Fire Response Fund. The measure would require the Legislature to appropriate moneys in the fund solely for the purpose of funding fire suppression staffing by the Department of Forestry and Fire Protection and underfunded special districts that provide fire protection services, as provided.
The measure would also establish the County Revenue Protection Fund and continuously appropriate moneys in that fund for the purpose of reimbursing eligible local agencies, as provided. The measure would require the Controller to annually transfer a specified amount, based on the above-described calculations by the Director of Finance, from the General Fund to that fund. The measure would require each county to annually determine the gain of the county and any local agency within the county resulting from the implementation of this measure and, if that amount of gain is negative, provide that specified eligible local agencies may receive a reimbursement from the County Revenue Protection Fund. The measure would require the California Department of Tax and Fee Administration to provide a reimbursement to each eligible local agency that has a negative gain, determined every 3 years based on the aggregate gain of the eligible local agency, as provided, and require the Controller to transfer any remaining balance in the County Revenue Protection Fund to the General Fund at the end of each 3-year period, to be available for appropriation for any purpose.
Proposition 20
RESTRICTS PAROLE FOR NON-VIOLENT OFFENDERS. AUTHORIZES FELONY SENTENCES FOR CERTAIN OFFENSES CURRENTLY TREATED ONLY AS MISDEMEANORS. INITIATIVE STATUTE. Imposes restrictions on parole program for non-violent offenders who have completed the full term for their primary offense. Expands list of offenses that disqualify an inmate from this parole program. Changes standards and requirements governing parole decisions under this program. Authorizes felony charges for specified theft crimes currently chargeable only as misdemeanors, including some theft crimes where the value is between $250 and $950. Requires persons convicted of specified misdemeanors to submit to collection of DNA samples for state database. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state and local correctional costs likely in the tens of millions of dollars annually, primarily related to increases in penalties for certain theft-related crimes and the changes to the nonviolent offender release consideration process. Increased state and local court-related costs of around a few million dollars annually related to processing probation revocations and additional felony theft filings. Increased state and local law enforcement costs not likely to exceed a couple million dollars annually related to collecting and processing DNA samples from additional offenders. (17-0044.)
Proposition 21
EXPANDS LOCAL GOVERNMENTS’ AUTHORITY TO ENACT RENT CONTROL ON RESIDENTIAL PROPERTY. INITIATIVE STATUTE. Amends state law to allow local governments to establish rent control on residential properties over 15 years old. Allows rent increases on rent-controlled properties of up to 15 percent over three years from previous tenant’s rent above any increase allowed by local ordinance. Exempts individuals who own no more than two homes from new rent-control policies. In accordance with California law, provides that rent-control policies may not violate landlords’ right to a fair financial return on their property. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Potential reduction in state and local revenues of tens of millions of dollars per year in the long term. Depending on actions by local communities, revenue losses could be less or more. (19-0001.)
Proposition 22
CHANGES EMPLOYMENT CLASSIFICATION RULES FOR APP-BASED TRANSPORTATION AND DELIVERY DRIVERS. INITIATIVE STATUTE. Establishes different criteria for determining whether app-based transportation (rideshare) and delivery drivers are “employees” or “independent contractors.” Independent contractors are not entitled to certain state-law protections afforded employees—including minimum wage, overtime, unemployment insurance, and workers’ compensation. Instead, companies with independent contractor drivers will be required to provide specified alternative benefits, including: minimum compensation and healthcare subsidies based on engaged driving time, vehicle insurance, safety training, and sexual harassment policies. Restricts local regulation of app-based drivers; criminalizes impersonation of such drivers; requires background checks. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increase in state personal income tax revenue of an unknown amount. (19-0026A1)
Proposition 23
AUTHORIZES STATE REGULATION OF KIDNEY DIALYSIS CLINICS. ESTABLISHES MINIMUM STAFFING AND OTHER REQUIREMENTS. INITIATIVE STATUTE. Requires at least one licensed physician on site during treatment at outpatientkidney dialysis clinics; authorizes Department of Public Health to exempt clinics from thisrequirement due to shortages of qualified licensed physicians if at least one nurse practitioner orphysician assistant is on site. Requires clinics to report dialysis-related infection data to state andfederal governments. Requires state approval for clinics to close or reduce services. Prohibitsclinics from discriminating against patients based on the source of payment for care. Summaryof estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased state and local health care costs, likely in the low tens of millions of dollars annually, resulting from increased dialysis treatment costs. (19-0025A1.)
Proposition 24
AMENDS CONSUMER PRIVACY LAWS. INITIATIVE STATUTE. Permits consumers to: (1) prevent businesses from sharing personal information; (2) correct inaccurate personal information; and (3) limit businesses’ use of “sensitive personal information”—such as precise geolocation; race; ethnicity; religion; genetic data; union membership; private communications; and certain sexual orientation, health, and biometric information. Changes criteria for which businesses must comply with these laws. Prohibits businesses’ retention of personal information for longer than reasonably necessary. Triples maximum penalties for violations concerning consumers under age 16. Establishes California Privacy Protection Agency to enforce and implement consumer privacy laws, and impose administrative fines. Requires adoption of substantive regulations. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased annual state costs of roughly $10 million for a new state agency to monitor compliance and enforcement of consumer privacy laws. Increased state costs, potentially reaching the low millions of dollars annually, from increased workload to DOJ and the state courts, some or all of which would be offset by penalty revenues. Unknown impact on state and local tax revenues due to economic effects resulting from new requirements on businesses to protect consumer information. (19-0021A1.)
Proposition 25
REFERENDUM TO OVERTURN A 2018 LAW THAT REPLACED MONEY BAIL SYSTEM WITH A SYSTEM BASED ON PUBLIC SAFETY RISK. If this petition is signed by the required number of registered voters and timely filed, a referendum will be placed on the next statewide ballot requiring a majority of voters to approve a 2018 state law before it can take effect. The 2018 law replaces the money bail system with a system for pretrial release from jail based on a determination of public safety or flight risk, and limits pretrial detention for most misdemeanors. (18-0009.)
Ballot Arguments
Arguments may be submitted for or against the measures. Arguments selected for the Official Voter Information Guide will be on public display between July 21 and August 10. If multiple arguments are submitted for a proposition, state law gives first priority to arguments written by legislators in the case of legislative measures and to proponents of an initiative or referendum; subsequent priority goes to bona fide citizen associations and then to individuals. No more than three signers are allowed to appear on an argument or rebuttal to an argument.
Ballot arguments cannot exceed 500 words and rebuttals to ballot arguments cannot exceed 250 words. All submissions should be typed and double-spaced. Arguments may be hand-delivered to the Secretary of State’s Elections Division at 1500 11th Street, 5th Floor, Sacramento, California 95814; faxed to (916) 653-3214; or emailed to VIGarguments@sos.ca.gov. If faxed or emailed, the original documents must be received within 72 hours. The deadline to submit ballot arguments is July 7 by 5:00 p.m. The deadline to submit rebuttals to the ballot arguments is July 16 by 5:00 p.m.
Candidate Statements in the County Voter Information Guide
Candidates for the United States House of Representatives, California State Senate, and California State Assembly have until August 7 to submit candidate statements to their county elections official for the local sample ballot in the county or counties in which the district lies.
For more information on ballot measures, candidate filing requirements, and election deadlines, please visit: https://www.sos.ca.gov/elections/upcoming-elections/general-election-november-3-2020/
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Driver arrested for DUI in Bay Point fatality
By CHP – Contra Costa
Yesterday, July 4, 2020 at about 9:55pm, Contra Costa CHP was advised of a collision involving a vehicle versus a pedestrian at Seaview Drive and Shore Road in Bay Point. An Audi sedan struck a pedestrian in the roadway while traveling at a high rate of speed, tragically killing the pedestrian, and then fled the scene into the city of Pittsburg. The pedestrian was pronounced deceased at the scene and the driver of the Audi was later located and arrested on multiple felony charges. The Contra Costa County Sheriff’s Coroner’s Office will be handling the release of identity of the deceased pedestrian.
In our initial investigation, it appears the driver of the Audi was traveling at a high rate of speed on the residential street of Seaview and approaching Shore Road, while the pedestrian was in the roadway with fireworks. The driver of the Audi struck the pedestrian, causing the pedestrian to be thrown into a parked vehicle on Seaview and subsequently killing the pedestrian. And then the driver of the Audi fled the scene. That driver was later found at a location in Pittsburg (from statements and witness tips) and arrested. The driver was also suspected of being under the influence/impaired and arrested and booked for the following charges: -23153(a)VC-DUI causing major injury or death, and -191.5 PC Gross Vehicular Manslaughter while intoxicated.
This incident is still under investigation. If anyone witnessed this collision or the events leading up to it, please contact Contra Costa CHP in Martinez at (925) 646-4980. Thank you.
Rodeo Pedestrian Fatality
Early this morning at about 12:20am, Contra Costa CHP was advised of a collision involving a vehicle versus pedestrian on I-80 westbound, just east of Willow Avenue. The driver of a Dodge Ram collided with a Buick sedan stopped in the #1 lane on I-80, with the driver out of the Buick and standing within the road, subsequently killing the pedestrian. The driver of the Dodge was transported to John Muir Hospital in Walnut Creek for moderate injuries. The Contra Costa County Sheriff’s Coroner’s Office will be handling the release of identity of the deceased pedestrian.
It is still unclear as to why the driver of the Buick was stopped within the #1 lane of I-80.
At this time, it is unknown if alcohol or drugs were a contributing factor, but this incident is still under investigation. If anyone witnessed this collision or the events leading up to it, please contact Contra Costa CHP in Martinez at (925) 646-4980.
Late Thursday afternoon, July 2, 2020 at approximately 4:09pm, Contra Costa CHP was advised of a hit and run with major injuries to a 7-year-old child that was riding his scooter. This occurred on Vine Avenue between Leslie Avenue and Merle Avenue in the city of Martinez, sometime between 3:48pm-3:56pm. This white van (in black and white photo) was captured on home surveillance traveling south on Vine Avenue, struck the boy on the scooter, and fled the scene. The boy was airlifted by helicopter to Oakland Children’s Hospital and we’ve learned although he suffered major injuries, thankfully he is in stable condition.
The black and white photo is the actual suspect vehicle caught on surveillance and the second color photo is a very similar looking van also captured on surveillance video within the area.
We are seeking the public’s assistance with information regarding this incident. If anyone witnessed this event, or the suspect vehicle in the area or vicinity during the time of the incident, please contact Contra Costa CHP at (925)646-4980 and leave your information for investigating Officer Garduno. Or if after hours, please DM (direct message) our FB page here with your contact info.
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