The State of California announced today that Contra Costa County will be able to move into the less restrictive Orange Tier of the State’s Blueprint for a Safer Economy on Wednesday, April 7.
Contra Costa County currently has a COVID case-rate of 4.9 cases per 100,000 people and an overall testing-rate positivity of 1.8% (and 3% for the health equity metric). COVID-related hospitalizations are down to their lowest point since October. Meanwhile, nearly 500,000 county residents are at least partially vaccinated.
It has been five months since the last time the county qualified for the Orange Tier.
“This is great news for our community,” said Diane Burgis, chair of the Contra Costa County Board of Supervisors. “The last few months have been difficult for everyone and it’s nice to see us make more progress in the fight against COVID.”
Contra Costa Health Officer Dr. Chris Farnitano said people should not let down their guard yet. He noted that case rates have plateaued recently, suggesting a slowdown in the recovery. “We are still in a pandemic and people should continue to act accordingly: Keep wearing masks in public and get vaccinated as soon as you can. I still strongly recommend people to avoid most indoor activities with people outside of their own household until they are fully vaccinated,” Dr. Farnitano said.
Last week, Contra Costa extended vaccine eligibility to everyone ages 16 and over who lives, works or goes to school in the county. Currently, people between the ages of 16-49 must schedule appointments through Contra Costa Health Services at cchealth.org/coronavirus or by calling 833-829-2626. Other healthcare providers, including the state’s MyTurn system, do not yet offer vaccine to people below the age of 50.
Starting Wednesday, April 7 several business sectors and community services can reopen or expand capacity:
- Places of worship: 50% maximum capacity
- Restaurants: 50% maximum capacity or 200 people, whichever is fewer
- Gyms, fitness centers and studios (including at hotels): 25% maximum capacity and indoor pools are permitted; Indoor hot tubs, saunas, and steam rooms continue to be closed
- Movie Theaters: 50% maximum capacity or 200 people, whichever is fewer encouraged
- Amusement parks: Overall park capacity and indoor capacity will be limited to 25%, including indoor dining.
- Bars: Outdoors with modifications; no meals required to be served
- Breweries, Distilleries, and Wineries: Indoors at 25% maximum capacity or 100 people, whichever is fewer; no meals required to be served
- Family entertainment centers: Indoors for naturally distanced activities like bowling, escape rooms, and billiards; 25% maximum capacity
- Outdoor sports and live performances with fans/attendees: Up to 33% and with advanced reservations only. Concession sales will be primarily in-seat (no concourse sales). Designated indoor seated dining area capacity will be limited to 25%. Attendance will be limited to in-state spectators and guests must attest their reserved seats are only for one household.
- Retail: Open indoors with modifications and food courts permitted with indoor dining restrictions
Contra Costa County must remain in the Orange Tier for at least three weeks before moving into the next, less restrictive yellow tier.
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Registration for Summer has begun, Fall registration begins April 26
By Timothy Leong, Public Information Officer, 4CD
Campuses of the Contra Costa Community College District (4CD) – Contra Costa College, Diablo Valley College-Pleasant Hill Campus and San Ramon Campus, and Los Medanos College-Pittsburg Campus and the Brentwood Center – will continue offering predominantly online courses and student services for the summer 2021 term, in accordance with Contra Costa County (County) public health and safety guidelines. A limited number of students and staff will be permitted on campus to attend hard-to-convert courses, labs, student services, and special programs by following enhanced health and safety protocols.
4CD is also planning a fall 2021 schedule with significant increases of in-person offerings that maximize student opportunities for safe learning experiences and support. Course offerings will include a balance of in-person classes, hybrid, and fully online. Work also continues on assessing and making improvements to college facilities to ensure a safe learning environment.
“Our faculty, classified professionals, and managers are excited to welcome back our students and offer the quality college experience they have been missing during this pandemic,” said Chancellor Bryan Reece. “Following County public health and safety guidelines, we will be ready to increase the safe delivery of face-to-face quality instruction and support services that many of our students need to be successful.”
Registration for summer 2021 courses begin on April 5 and depends on a student’s priority status. To view what classes may be offered, students should visit their InSite account or the college website of their choice for specific details. Registration for the fall 2021 semester begins on April 26 and will also depend on a student’s priority status.
About 4CD
The Contra Costa Community College District (4CD) is one of the largest multi-college community college districts in California. The 4CD serves a population of 1,019,640 people, and its boundaries encompass all but 48 of the 734-square-mile land area of Contra Costa County. 4CD is home to Contra Costa College in San Pablo, Diablo Valley College in Pleasant Hill, Los Medanos College in Pittsburg, as well as educational centers in Brentwood and San Ramon. The District headquarters is located in downtown Martinez. For more information visit www.4cd.edu.
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This year’s theme: Move Our Community Forward! ¡Adelante Con Nuestra Communidad!
The Contra Costa County Board of Supervisors celebrated the memory of César Chávez recognizing his commitment to social justice and respect for human dignity during the 27th Annual César E. Chávez Commemorative Virtual Celebration on Tuesday, March 30.
“We honor the memory of César E. Chávez and continue his commitment to fight for social justice and for those who can’t fight for themselves,” said Board Chair, Supervisor Diane Burgis. “We also recognize our 2021 Youth Hall of Fame awardees, highlighting deserving teens and their commitment to community and service.”
The theme for this year’s celebration was Move Our Community Forward – Adelante Con Nuestra Comunidad. The celebration featured three keynote speakers, including Antioch School Board Trustee Mary Rocha, Jane Garcia, Chief Executive Officer of La Clínica de La Raza, and San Pablo City Councilman Arturo Cruz. The event also included musical performances by Mariachi Monumental and Ballet Folklórico Netzahualcoyotl.
The Youth Hall of Fame Awards presentation acknowledges outstanding Contra Costa County teens who demonstrate excellence in one of six categories. The 2021 Youth Hall of Fame Awardees are (click on the link for each name to read the resolution providing the reasons for the recognition):
Good Samaritan: Chris Garcia, Antioch High School
Leadership & Civic Engagement: Ryan Raimondi, Liberty High School
Middle School Rising Star: Stephanie Boustani, Acalanes High School
Perseverance: Bianey Douglas, Carondelet High School
Teamwork: Haley Brathwaite, Carondelet High School
Volunteerism: Jonathan Castaneda, Pinole Valley High
The annual celebration honors the diversity and richness of our community and its immigrants. Visit the César E. Chávez Ceremony webpage found in the “County Celebrations” section of Contra Costa County’s website www.contracosta.ca.gov for details and a look at the previous ceremony.
Read MoreBy Scott Alonso, Public Information Officer, Contra Costa County Office of the District Attorney
Last Friday, defendant Delon Baptiste Ward of Richmond was sentenced by Judge Leslie G. Landau to 36 years in state prison for the July 2019 rape of Jane Doe. Earlier, Ward pleaded guilty to kidnapping and forcible rape and he admitted to two enhancements since he used a gun during the attack. Ward is required to register as a sex offender for the rest of his life as a result of his guilty plea.
Jane Doe did not know the defendant. While she was on her walk during the early morning of July 19, Ward followed her and waited until she was alone to confront her with a gun. He forcibly moved Jane Doe off the public sidewalk and proceeded to sexually assault her.
The defendant fled the scene after the sexual assault. Fortunately, the Richmond Police Department conducted an intensive investigation to secure evidence and surveillance video to tie the defendant to the crime.
Deputy District Attorney Scott Prosser prosecuted the case on behalf of the People. DDA Prosser is assigned to our office’s Sexual Assault Unit.
“In this case, the Richmond Police Department immediately conducted a large-scale investigation using officers and investigators who left no stone unturned. In particular, Officer Orlando Guzman, Detective Andrew Barbara, and Detective AJ Fonseca went over and above to ensure that we brought a strong case to court,” stated DDA Prosser. “Jane Doe bravely came forward to report the crime, and through the efforts of the Richmond Police Department, the defendant was identified and taken into custody quickly.”
Case information: People v. Delon Baptiste Ward, Docket Number 05-201379-5
Previously, according to localcrimenews.com, Ward was arrested in January 2018 by San Pablo Police for receiving stolen property – motor vehicle and vehicle theft.
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By Connie Woods
The biggest celebration within Christianity may be Christmas, but the most important celebration is Easter. The entire basis for the Christian faith is based on the events that occurred on the first Easter weekend. While Christmas is about how Jesus came to earth as a baby, Easter is about the reason he came. Christians believe the whole reason he came was to die and to rise again.
Most historians agree on these facts, which are the foundational events of Christianity:
- Jesus Christ was executed by crucifixion on the Friday during the Jewish Passover.
- He was buried in a tomb owned by Joseph of Arimathea.
- Guards were posted to keep watch over the tomb.
- On the third day, the tomb was found to be empty. His body could not be found, nor could the Roman or Jewish authorities explain what had happened to it.
- Over the next forty days, his disciples plus hundreds of other people claimed to have seen Jesus, spoken with him, eaten with him, and listened to his teachings.
These disciples (and others) went to their deaths – some through torture – maintaining that their claims of seeing a resurrected Jesus were true.
Those are the historical facts. The significance is found in the interpretation of those facts. Christians maintain that the tomb was empty and that there were post-crucifixion sightings of Jesus because Jesus had physically risen from the dead. This, combined with the apparent fulfillment of centuries-old prophecies contained in the Jewish Scriptures, firmly established the belief that Jesus was God in the flesh and that he had power and authority over life and death.
This belief in the resurrection of Jesus spread rapidly throughout the Roman Empire and it continues to spread today. For nearly 2000 years, Christians have placed their faith in this resurrected Jesus, believing his promise that he will someday return to take his followers to be with him throughout eternity.
Woods is the publisher of Good News Press and a resident of Antioch in Eastern Contra Costa County.
Good News Press is an outreach Christian publication, the San Francisco Bay Area’s Christian newspaper, sharing the good news of God’s love through his Son. The publication proclaims the gospel message and features News, Events, Inspiring Christian articles, and more! The website also features a Christian business directory. www.goodnewspress.us
In Good News Press Spring 2021 Issue:
Read the complete edition by clicking Good News Press Spring 2021 16 pages
Significance & Historical Facts of Easter
How the Date of Easter is Determined
Just Pray No Weekend of Prayer & Fasting
What is Good Friday?
Women at the Tomb – Jesus Is Risen
A Biblical Perspective on the Border Crisis
TBN Set to air Full Slate of New Programming to Celebrate Easter Weekend
Myanmar Massacre, GFA Calls for World Prayer Amid Military Coup
God Gives Us Hope In A Crisis
Christian Leaders Ask President Biden to Support Israel & Combat Anti-Semitism by
What is the Pre Tribulation Rapture?
Remote work has Dramatic Implications
Sen. Rick Brittans’s Capitol Report of March 29: Saying “No” to Vaccine Passports
There’s a Lot that can go wrong with Vaccine Passports
Will you ditch your PC for a QC?
Romans Road to Salvation
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Helps team beat Stanford for first time in eight years
By Allen Payton
Angelina Anderson from Danville, is a sophomore at U.C. Berkeley and plays goalkeeper for the women’s soccer team, for which she’s been chosen captain. Not only did Anderson help the team in their big win over rival and reigning national champion Stanford, with her nine saves on Saturday, March 20, but she is the reigning National Freshman of the Year as named by TopDrawerSoccer in 2019.
Angie, as she is known by family and friends, is a homegrown protege. Born and raised in Danville, she played for the Mustang Soccer club, which is part of the Elite Clubs National League program. Anderson captained the U.S. World Cup National Under-17 team in Uruguay. In 2019 she was 2nd Team All American, First Team All-Pacific, First Team All-Region, and First Team All-Pac-12 and Cal women soccer’s MVP, also as a freshman. Angie is also the first player to win both PAC 12 Freshman of the Year and Goalkeeper of the Year in 2019. (See video)
In high school, Anderson was the United Soccer Coaches’, TopDrawerSoccer, and USA TODAY All-American at Carondelet in Concord. She was First Team All-EBAL as a sophomore and junior and helped Carondelet win back-to-back EBAL Championships.
“She is an amazing local talent and role model,” shared dad, Sean Anderson, a cosmetic and neuromuscular dentist in San Ramon. “Yes, I’m a bit biased. She is a positive ambassador for all young women pursuing academic and athletic excellence.”
The 6’0” tall Angie is from a family of athletes. Sean played football at Iowa and Angie’s mother, Lisa, ran track at San Francisco State University.
On her birthday, Monday, March 22 she was named the PAC-12 Goalie of the Week. It marked Anderson’s first player of the week nod of the season, and the first weekly honor for the Golden Bears this spring. Anderson was also featured in the TopDrawerSoccer Team of the Week for the week of March 15-21. The sophomore received keeper of the week honors three times in 2019.
“I’m very honored to receive Pac-12 Goalkeeper of the Week after an awesome victory over Stanford on Saturday,” Anderson said during the . “I’m proud of our performance as a team and I’m excited about getting a big result. It’s only up from here for this team! Go Bears!”
In Cal’s victory against the Cardinal, Anderson faced 20 shots, another season-high for the Danville native. On her thoughts before saving a late penalty kick versus No. 20 Stanford: “This is it. You got to make this save. This is big time,” Anderson said during a postgame interview.
“We are happy for Angelina,” said head coach Neil McGuire. “She, along with her teammates, played very well in the game versus Stanford.”
Anderson entered this season on both the TopDrawerSoccer National Top 100 and the Watch List for the MAC Hermann Award, which is college soccer’s version of the Heisman Trophy.
“Everything Sean said is true and if I may add, the most humble person I have ever met, with the biggest heart I know. But when it comes to winning for her team, she brings it like no other,” said Angie’s aunt, Lana Battagello, a Danville Realtor and no stranger to sports, as owner of Lana’s Egg Whites used by body builders and other athletes. “Also, she has traveled to many countries for her sport at a young age. She loves to travel.”
“If I had to say anything else, it is of one fond memory of when Angelina would come to my house and spend the night. I would say ‘let’s head out to the movies, Angelina, there is a good one playing up at Blackhawk.’ She would look at me with that bright smile and say, ‘Oh, that sounds good, but I must complete my homework first.’ And that was on a Friday night!”
“I was always in awe of her as a little kid and still today. She brings incredible joy to our family,” Battagello added.
When reached for comment, Angelina said about her experience as the Cal Berkeley goalkeeper, “So far my experience at Cal has been incredible. I love Cal.”
“Something I’m super excited about is that I came in as a freshman and made an impact on the team. That’s what I wanted to be able to do no matter which school I attended,” she continued. “And to really get to know my teammates at a deep level. It’s super awesome. I love all the girls. It’s been a really great experience, so far.”
Asked for her thoughts on all the accolades she’s received Angelina said, “The honors and accolades, it’s pretty cool to receive those things. It makes me really humble and honored to play with some really talented players.”
Asked about and her plans for the future, if she would like to go pro, Angelina responded, “I’m just loving my college experience, right now. I’m trying to get through my studies. But yes, playing pro is something I’ve thought about and I’ll cross that bridge when I have to.”
The student athlete said she is studying psychology. Asked what she plans to do with her major, Angie said, “I’m not exactly sure, yet what route I want to take with psychology. I’ve just really enjoyed the classes.”
Mom, Lisa also shared some thoughts about her daughter.
“Angelina, she’s just a very grateful person. She’s always someone who gives credit to others,” her proud mother said. “There’s so much truth to that in her developing as an athlete, from Club Mustang, to high school at Carondolet to her coaches, and other great players. They have contributed so much to her success. Particularly her Coach Neil McGuire and her Goalie Coach Cori Alexander. When she was being recruited, that’s who she compared everyone else to. They’ve been exceptional people in her life, on and off the field.”
“Coming in young like that I was wondering what it would be like for the upper classmen,” Lisa continued. “But her ability to connect well with others shows initiative and it doesn’t surprise me she was chosen captain.
“Angelina is an only child, but always had a big white dog around as a brother,” said Lisa, who had the number 10 Great Pyrenees show dog in the country. Like her sister, Lana, Lisa is a Realtor and also has a big dog walking business, as well as cats and rides horses for clients.
“Everyone knows Angelina as this amazing soccer player. But she’s a diverse person,” her mom continued. “She loves to read. She’s a fantastic writer. English is her second choice for a major and she loves music. She has a play list like no other. She’s also an excellent skier and loves her ‘Black Crows’ skis.”
“She’s just a lovely gal. Very joyful,” Lisa added.
Dad, Sean offered one final comment. “I’m so proud of her, especially knowing how her life since seven years old has been 100% committed to this endeavor,” he shared. “The sacrifices and perseverance she has endured are impossible to explain.”
Keep up-to-date on the Angie and the Golden Bears women’s soccer team throughout the year by following them on Twitter (@CalWSoc), Instagram (@CalWSoc) and Facebook (Facebook.com/CalWSoc).
Read MoreBasketball standout and 2014 graduate of Pittsburg High
By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff
On Wednesday, March 31, 2021, at about 8:41 PM, Bay Station Deputy Sheriffs were dispatched to a report of an assault with a deadly weapon in the 4500 block of Appian Way in El Sobrante. Deputies arrived on the scene, located two victims with gunshot wounds, and provided lifesaving measures until the fire department and ambulance arrived. One of the victims, identified as 25-year-old Dejante Kennedy of Pittsburg, was pronounced deceased. The second victim was transported to a local hospital and is in critical condition.
Detectives from the Sheriff’s Office Homicide Unit and personnel from the Crime Lab responded to the scene. The investigation is ongoing.
Kennedy was a 2014 graduate of Pittsburg High School where he played forward and guard for the Pirates varsity boys basketball team, according to MaxPreps. Known by the nickname Dj, he was 6’3” and named to the 2013-14 Bay Valley Athletic All-League Boys Basketball Team.
Anyone with information regarding this incident should contact the Sheriff’s Office Investigation Division at (925) 313-2600 or Sheriff’s Office dispatch (925) 646-2441. For any tips, email: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.
Allen Payton contributed to this report.
Read MoreReleases video instead of holding ribbon cutting
The Contra Costa County Flood Control District is proud to announce that the widening of Marsh Creek is complete and planting has begun on the Three Creeks Parkway Restoration Project. Noticeable improvements include a trail extension under Central Blvd. in Brentwood, foundation and abutments for a future pedestrian bridge at Sand Creek, and an integrated water quality basin and expanded trail system at Sungold Park.
The Three Creeks Parkway Restoration Project is a multi-benefit, multi-agency, public-private partnership to plant trees and vegetation along a nearly one-mile, treeless stretch of Marsh Creek near downtown Brentwood.
As part of the first phase, approximately 19,500 cubic yards of soil were excavated and removed from the creek’s banks and the creek’s channel was widened on average by about 25 feet. The next phase of the project, the planting of native vegetation and installation of landscape features by American Rivers, is expected to be completed by the end of August 2021, weather permitting.
In lieu of an in-person ribbon cutting event, a video was produced showcasing key partners and features of the project.
To learn more about this project visit www.contracosta.ca.gov/5814/Three-Creeks-Parkway-Project.
About Contra Costa County Public Works Department:
Contra Costa County Public Works Department (CCCPWD) maintains over 660 miles of roads, 150 miles of streams, channels and other drainage and over 200 County buildings throughout Contra Costa County. CCCPWD provides services such as Parks and Recreation, Sand Bag Distribution and Flood Control throughout unincorporated areas of Contra Costa County. For more information about CCCPWD, please visit us at www.cccpublicworks.org
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The Contra Costa County Board of Supervisors is seeking applicants interested in serving on its 20-member Juvenile Justice Coordinating Council (JJCC). The JJCC currently has vacancies for two (2) At-Large Youth and one (1) At-Large Community-Member Representatives.
The JJCC is a multiagency advisory body that informs the development and implementation of a countywide juvenile justice plan composed of several critical parts, including, but not limited to an assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol and youth services resources which specifically target both at-promise as well as system-involved youth, and their families. The JJCC will also coordinate on a countywide basis the work of those governmental and non-governmental organizations engaged in activities designed to reduce the incidence of juvenile crime and delinquency in the greater community, develop information and intelligence-sharing systems to ensure that county actions are fully coordinated, and provide data and appropriate outcome measures.
The Juvenile Justice Coordinating Council is composed of the following 20 members:
Ten (10) Ex‐Officio Members:
- Chief Probation Officer, as Chair
- District Attorney’s Office representative
- Public Defender’s Office representative
- Sheriff’s Office representative
- Board of Supervisors’ representative
- Employment and Human Services Department representative
- Behavioral Health Services representative
- Alcohol and Other Drugs Division representative
- Public Health representative
- Juvenile Justice Commission Chair
Ten (10) Additional Members, appointed by the Board of Supervisors, as follows:
- City Police Department representative
- County Office of Education or a School District representative
- Four (4) At-Large members, residing or working within Contra Costa County
- Two (2) Community-Based Organization representatives
- Two (2) At-Large youth, fourteen to twenty-five years old and residing or working within Contra Costa County
Appointments to the Juvenile Justice Coordinating Council will be for a term of two years ending June 30, 2023. The JJCC meets monthly October through April and bi-monthly the remainder of the year. Members have the option to serve on three (2) two subcommittees that each currently meets monthly.
The application deadline is 5 pm on May 10, 2021. All timely applicants will be invited to the public interview process conducted by the Board of Supervisors’ Public Protection Committee: Supervisors Candace Andersen, District II, and Federal Glover, District V. This committee will then recommend a selection of applicants for the Board of Supervisors to appoint to the Racial Justice Oversight Body.
Below is a complete timeline of this recruitment process to fill the three (3) vacant JJCC seats:
- May 10: Final Day of the Application Period, due by 5 pm
- May 24: Public Protection Committee Meeting: Interviews
- June 8: Board of Supervisors Appointments
Application forms can be obtained from the Clerk of the Board of Supervisors by calling (925) 655-2000 or by visiting the County webpage at www.contracosta.ca.gov/3418. Completed applications should be emailed to ClerkoftheBoard@cob.cccounty.us. Applications can also be mailed to the Clerk of the Board of Supervisors Office at 1025 Escobar Street, 1st Floor, Martinez, CA 94553.
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Violates state law known as SB330, the Housing Crisis Act of 2019
Would have devalued property by over 99%, downzoning it from 2 homes per acre to 1 home per 80 acres
Cities and counties must approve new homes or face hefty fines which will fund low-income housing
By Allen Payton
As was reported in news articles and an editorial by the Herald during the 2020 fall election campaign, the state has issued an opinion letter confirming that the residential growth limitations in Measure T on the November ballot, “cannot permissibly be adopted, implemented or enforced.” That’s due to the passage of SB330, the Housing Crisis Act of 2019, which went into effect on Jan. 1, 2020, also as previously reported. Known as the Let Antioch Voters Decide: The Sand Creek Protection Initiative, the measure passed by almost 79% of the vote.
SB330 added Section 66300 to California Government Code so that cities cannot reduce zoning on residential property by either council action or citizen initiative until Jan. 1, 2025. Also, if a city council doesn’t approve new housing within existing allowable zoning, the new law requires a court to fine the city a minimum of $10,000 per housing unit denied and force the city to approve the new homes.
SB330 and State Housing Law
The language of SB330 reads, “(c) It is the intent of the Legislature, in enacting the Housing Crisis Act of 2019, to do both of the following: (1) Suspend certain restrictions on the development of new housing during the period of the statewide emergency described in subdivisions (a) and (b). (2) Work with local governments to expedite the permitting of housing in regions suffering the worst housing shortages and highest rates of displacement.”
Furthermore, the act reads, “The Legislature finds and declares that the provision of adequate housing, in light of the severe shortage of housing at all income levels in this state, is a matter of statewide concern and is not a municipal affair…Therefore, the provisions of this act apply to all cities, including charter cities.”
In addition, the new law reads, “with respect to land where housing is an allowable use, an affected county or an affected city shall not enact a development policy… that would have any of the following effects: Changing the general plan land use designation, specific plan land use designation, or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district below what was allowed under the land use designation and zoning ordinances of the affected county or affected city, as applicable, as in effect on January 1, 2018.”
Also, the new law amended Section 65589.5 of the Government Code that reads, “the court shall impose fines on a local agency… in a minimum amount of ten thousand dollars ($10,000) per housing unit in the housing development project on the date the application was deemed complete.” Furthermore, the law requires, “the local agency shall commit and expend the money” from the fines “for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households.”
So, not only will the new homes in the development that was denied be built, but the city will be fined and the funds from them must be used to build additional, low-income housing.
Finally, According to the HCD, “Since 1969, California has required that all local governments (cities and counties) adequately plan to meet the housing needs of everyone in the community. California’s local governments meet this requirement by adopting housing plans as part of their ‘general plan’ (also required by the state). General plans serve as the local government’s ‘blueprint’ for how the city and/or county will grow and develop and include seven elements: land use, transportation, conservation, noise, open space, safety, and housing. The law mandating that housing be included as an element of each jurisdiction’s general plan is known as ‘housing-element law.’
California’s housing-element law acknowledges that, in order for the private market to adequately address the housing needs and demand of Californians, local governments must adopt plans and regulatory systems that provide opportunities for (and do not unduly constrain), housing development. As a result, housing policy in California rests largely on the effective implementation of local general plans and, in particular, local housing elements.” Each of the regions in the state must develop a plan for their Regional Housing Needs Allocation and Housing Elements.
The Bay Area’s current Regional Housing Need Allocation Plan (RHNA) projected 187,990 units needed between Jan. 31, 2015 and Jan. 31, 2023 and another 441,176 units needed between 2023 and 2031, according to the HCD and the Association of Bay Area Governments. In the latest RHNA, it requires Antioch to add 2,481 more housing units by 2030. (See related article)
City of Antioch Letter to HCD Regarding Measure T & SB330
A letter was sent on Jan. 8, 2021 from an attorney hired by the City of Antioch to the California Department of Housing and Community Development (HCD) seeking their advice and opinion on implementing Measure T. In that letter, attorney David Mehretu of Meyers Nave asked Paul McDougall, Housing Policy Manager for HCD to review Measure T for a determination of its “validity under SB 330 as follows:
- Whether Measure T’s housing development restrictions are proscribed under Section 66300(b)(1)(A) of the Government Code.
- Whether, pursuant to Sections 66300(b)(1)(B)(i) and (ii) of the Government Code, Measure T’s housing development restrictions constitute “a moratorium or similar restriction or limitation on housing development . . . within [Sand Creek] . . . to specifically protect against an imminent threat to the health and safety of persons residing in, or within the immediate vicinity of [Sand Creek] . . . ”.
- Whether Measure T acts as an impermissible cap on housing pursuant to Section 66300(b)(1)(D)(ii) of the Government Code; and
- Whether Antioch may, consistently with SB 330, enforce Measure T’s housing development restrictions.”
Response Letter from HCD Explains Why Measure T Violates State Law
In a March 9th letter in response, McDougall wrote, “the City requested the California Department of Housing and Community Development’s (HCD) opinion as to the enforceability of a reduction in the intensity of land use included in the City’s voter-approved initiative Measure T.”
“HCD’s opinion is based on the mandatory criteria established by the Legislature with the passage of Senate Bill 330 in 2019, known as the Housing Crisis Act of 2019, which added section 66300 to the Government Code,” McDougall wrote.
“HCD finds that the less intensive use provisions of Measure T are impermissible under Government Code section 66300,” and “Measure T effectively acts as a ‘…cap on the number of housing units that can be approved…’, a violation of Government Code section 66300…”, he wrote.
McDougall offered one caveat writing, “the City could enforce the reduction in intensity contemplated in Measure T, notwithstanding this opinion, if and when it concurrently changes the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure that there is no net loss in residential capacity.” However, he further wrote, “nothing in Measure T provides for an equal increase in intensity of land use elsewhere in the jurisdiction, therefore, these provisions of Measure T cannot be permissibly adopted, implemented, or enforced consistent with Government Code section 66300.”
He concludes his letter offering the state’s opinion that Measure T is impermissible.
“Measure T appears to have been drafted to assure that housing development in the City is restricted in a manner that preserves agriculture and open spaces (Measure T, section 1). However, there is minimal analysis in Measure T to support this outcome. Measure T language more readily suggests it was passed primarily with the intent to restrict future housing development as opposed to accommodating future residential growth as intended in the City’s general plan,” the HCD Housing Policy Manager continues.
“In sum, the provisions of the voter-approved Measure T result in a lesser intensity of land use and create a development cap, resulting in a reduction in the total number of housing units that can be built within the Initiative Area than what is currently allowed in the City’s General Plan. Accordingly, HCD is of the opinion that such a reduction in the intensity of land use created by Measure T cannot permissibly be adopted, implemented, or enforced consistent with Government Code section 66300,” McDougall concluded.
Measure T is Moot, Cities and Counties Must Approve New Homes or Face Fines
Therefore, as previously reported, the state has confirmed that Measure T, which would have devalued four privately owned parcels on the west side of Deer Valley Road by over 99% from two homes per acre to just one home per 80 acres, is moot and will have no impact on the development of new housing in Antioch. It would have affected less than 900 housing units remaining of the total 4,000 homes allowed in the City of Antioch’s Sand Creek Focus Area of the general plan. But now those housing projects will move forward in the planning process.
Furthermore, the council must adopt all new housing projects in the Sand Creek area and anywhere else in the city, as do all other cities and counties, until Jan. 1, 2025, which don’t require any zoning changes or general plan amendments, or the city will face state fines of $10,000 per unit, at a minimum, and the homes will still be approved and allowed to be built, and the fines fund additional, low-income housing in the city, according to SB330.
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