Contra Costa Herald

BART 2022 Adopted Redistricting Map. Source: BART.gov

On March 10, 2022, the BART Board of Directors voted to approve a final redistricting map for the nine districts which will affect elections for the next 10 years. View the presentation for the 3/10/22 board meeting

According to the Map Plan E2 Description, “This plan presents districts with varying levels of similarity to the current BART districts. The greatest change is in District 7 with only 27.9% of its current population remaining in District 7. The next district to show major changes is District 3 with 31.3% of its current population remaining in the proposed Plan E2, District 3.

District 4 maintains 48.8% of its current population. District 1 maintains greater than 75% of its current population. Districts 5, 8, and 9 maintain greater than 81% of their current populations. The districts most similar to the current boundaries are District 2 with 91.4% of its current population and District 6 with 95.6% of its current population.”

Most of Contra Costa County is now in Districts 1, 2 and 3, with portions of San Ramon in District 5.

BART 2022 District 1 map. Source: BART.gov

District 1

District 1 is in Contra Costa County and includes the Southern portion of the City of Martinez, Pleasant Hill, Walnut Creek, Town of Danville, the Northern part of the City of San Ramon, City of Lafayette, the Southern part of the City of Concord, including Cowell, Four Corners, and Meinert, City of Moraga, City of Orinda, and City of Clayton.

BART Stations included in District 1: Orinda, Lafayette, Walnut Creek, Pleasant Hill/Contra Costa Centre and Concord (shared with District 2)

BART 2022 District 2 map. Source: BART.gov

District 2

District 2 is in Contra Costa County and includes the City of Pittsburg, City of Antioch, City of Brentwood, City of Oakley, the Northeastern part of the City of Concord including the former Naval Weapons Station, and the Northern part of the City of Martinez including the unincorporated neighborhoods of Mountain View and Vine Hill.

BART Stations included in District 2: Concord (shared with District 1), North Concord / Martinez, Pittsburg / Bay Point, eBART Transfer, Pittsburg Center and Antioch.

BART 2022 District 3 map. Source: BART.gov

District 3

District 3 is in both Contra Costa and Alameda Counties and includes the City of Hercules, City of Pinole, City of San Pablo, City of Richmond, City of El Cerrito, City of Albany, the majority of the City of Berkeley including the University of California Berkeley and excepting a few neighborhoods to the South of Ashby Avenue, and unincorporated parts of Contra Costa County including North Richmond, El Sobrante, Rodeo and Crockett.

BART Stations included in District 3: Richmond, El Cerrito del Norte, El Cerrito Plaza, North Berkeley, Downtown Berkeley and Ashby (shared with District 7)

BART 2022 District 5 map. Source: BART.gov

District 5

District 5 is in Alameda and Contra Costa Counties and includes a portion of the City of Hayward ranging from the Castro Valley BART station in the North to the Hayward station in the South. Major places and landmarks in this area include the Bishop Ranch Regional Open Space, Lake Chabot Regional Park, Knowland Park, Fairview, Sunol Regional Wilderness, and San Antonio Reservoir. District 5 also includes the City of Pleasanton expect for a portion near Kilkare Woods, City of Livermore, City of Dublin, the Southeastern part of San Ramon, and rural areas of east Alameda County.

BART Stations included in District 5: Hayward (shared with District 4), Castro Valley, West Dublin / Pleasanton and Dublin / Pleasanton

The new districts will be in effect for the November elections which include Districts 2, 4, 6 and 8. Districts 1, 3, 5, 7 and 9 will be up for election in 2024.

Allen D. Payton contributed to this report.

Contra Costa, 13 other DA’s agree to settlement

“Pick-n-Pull promptly implemented improved training procedures and practices relating to their hazardous waste disposal.” – Contra Costa DA Diana Becton

By Bobbi Mauler, Executive Assistant to the District Attorney, Contra Costa County

Martinez, CA – Contra Costa County District Attorney Diana Becton announced today, Friday, March 11, 2022, that together with 13 other California district attorneys have agreed to a $2.5 million dollar settlement with Pick-n-Pull over the company’s illegal disposal of hazardous waste and stormwater pollution issues.

Pick-n-Pull operates 21 locations in Northern California, including in Richmond, and is a subsidiary of Schnitzer Steel, Inc. The company buys end-of-life vehicles, sells their parts, and recycles the remaining steel.

According to their website, “established in 1987, the Pick-n-Pull chain of self-service auto parts stores is one of the largest recyclers of end-of-life vehicles in the industry. You bring your tools, pull the parts you need and SAVE lots of money! Pick-n-Pull opened their first store in Stockton, CA in 1984 and has since grown to 46 U.S. and 4 Canadian locations.

Contra Costa County joined forces with Santa Clara, San Joaquin, Sacramento, Alameda, and Solano counties to do a series of unannounced waste inspections. The investigation revealed that Pick-n-Pull facilities routinely and illegally disposed of automobile fluids, aerosols, batteries, and electronic devices.

“It is a priority to protect our environment and especially our water ways from harmful pollutants,” said DA Becton. “When contacted by prosecutors, Pick-n-Pull promptly implemented improved training procedures and practices relating to their hazardous waste disposal.”

The judgment provides for $1,850,000 in civil penalties, $350,000 in costs of enforcement, injunctive provisions requiring the implementation of compliance assurance measures as well as $350,000 to environmental projects, which includes the Contra Costa County Fish and Wildlife Propagation Fund.

Will provide improved fire and emergency response throughout county, particularly in East County

When complete, CCCFPD will absorb the firefighting staff, support staff, facilities, equipment of ECCFPD

By Steve Aubert, Fire Marshal and PIO, East Contra Costa Fire Protection District

MARTINEZ, CALIF., March 11, 2022 — On March 9, 2022, the Contra Costa County Local Area Formation Commission (LAFCo) unanimously approved the annexation of East Contra Costa Fire Protection District (ECCFPD) to the Contra Costa County Fire Protection District (CCCFPD) and the dissolution of ECCFPD. The LAFCo action is the final step in the long-planned, collaborative effort to consolidate fire services in eastern Contra Costa County.

Benefits of annexation for residents are expected to enhance and expand fire and emergency medical services to East Contra Costa County while improving the efficiency, effectiveness, and economy of fire protection services in the region.

“The annexation of East Contra Costa Fire into Contra Costa County Fire, together with the allocation of Measure X funds, will double the number of stations serving East County residents, with additional stations opening as soon as this summer,” said Contra Costa County Board of Supervisors District 3 Supervisor Diane Burgis. “This has rightly been characterized as a historic achievement, resolving service deficits that have plagued East County for decades. When I had the opportunity to attend the graduation ceremony of 27 Con Fire recruits last week, I was overwhelmed with gratitude for the brave firefighters that serve us every day, the many community leaders who worked long hours to achieve this outcome, and the residents who entrusted us with the resources to improve services.”

“Today is a day for celebration,” said Brian J. Oftedal, President of the ECCFPD Board of Directors. “The cooperation and collaboration of so many individuals has made this annexation a reality. Residents in East Contra Costa will now receive the services they deserve. Response times will improve, fire apparatus will arrive with a paramedic on board, and slowly but surely, improved ISO rating will help residents and businesses save money on annual fire insurance bills. For everyone that has been a part of improving public safety in our county, thank you.”

Finally bringing this decades-long concept of annexation to reality for our two fire districts will improve fire, rescue, and emergency medical service delivery and improve safety for our firefighters throughout the many communities we serve in the eastern portions of our county,” said Lewis Broschard, Fire Chief, Contra Costa County Fire Protection District. “As we move ahead to implementing the changes that will see the benefits of annexation become reality, I am grateful to our board of directors, labor organizations, and our fire district staff for their support.”

“On behalf of the ECCFPD, we are pleased that this monumental day has come in joining our two agencies to improve emergency services throughout East County,” said East Contra Costa Fire Protection District Fire Chief Brian Helmick. “Thank you to Supervisor Burgis and to all those who have supported us to reach this historical day.”

With LAFCo’s actions, CCCFPD will complete the operational and administrative consolidation of the two entities. When complete, CCCFPD will absorb the firefighting staff, support staff, facilities, and equipment of the ECCFPD, and the newly merged organization will provide improved fire and emergency services to the more than 128,000 residents of eastern Contra Costa County.

While both fire districts already work very closely on mutual aid assignments across current borders, each maintains separate operations, training, and administrative functions, annexation will allow for achieving economies of scale by bringing the separate operational entities under one administrative structure.

Annexation is also expected to reduce current burdens on the agencies’ busiest stations by increasing resources within the current footprint of East Contra Costa Fire District in East County.

About Contra Costa County Fire Protection District (Con Fire) — A recognized fire service Leader – Con Fire provides fire and emergency medical services to some 625,000 residents in 14 cities and unincorporated areas across our 304 square-mile jurisdiction. And, through our unique ambulance Alliance, we provide EMS and ambulance transport services to much of the remainder of Contra Costa County, California. With few exceptions, county emergency ambulance transport services are provided by Con Fire through its unique sub-contractor Alliance model across the District and beyond to include some 520 square miles of the County. In 2021, the District responded to more than 141,000 incidents of all types, including some 55,000 fire and EMS emergencies, and dispatched nearly 100,000 ambulances, providing expert medical care on more than 75,000 ambulance transports.The District, with 26 fire stations and more than 400 employees, is dedicated to preserving life, property, and the environment.

About East Contra Costa Fire Protection District — The East Contra Costa Fire Protection District (ECCFPD) is a rural-funded fire district that currently operates three fire stations and has a three-station deficit. The District protects a population of more than 128,000 across its 249 square-mile service area. ECCFPD provides firefighting personnel, emergency medical services (basic life support), and fire prevention to the residents and businesses of the cities of Brentwood and Oakley, and unincorporated communities of Discovery Bay, Bethel Island, Knightsen, Byron, Marsh Creek, and Morgan Territory. Learn more at www.eccfpd.org or on social media via Facebook (East Contra Costa Fire Protection District), Instagram(@east_contra_costa_fire), Twitter (@ECCFPD ) or our YouTube channel (East Contra Costa Fire Protection District).

Source: GoFundMe

Almost to goal of $5,000

By Nicole Santos, Spokesperson, GoFundMe

Samantha Skye Valdez lives in El Cerrito, is a 17-year-old high school junior and straight A student who has been doing Taekwondo since she was six years old. On February 20, Samantha won the qualifier in Colorado Springs to be a part of TeamUSA for the Goyang 2022 World Taekwondo Poomsae Championships in South Korea. She is a member of Team BoHyeon.

Samantha Skye Valdez (left) with her teammates.

To help Samantha represent the USA from April 21-24 at the World Championship, a GoFundMe has been launched by Kristel Cosio and donations will help her pay for her plane ticket and accommodation. To view the GoFundMe please visit: https://gf.me/v/c/4d4w/help-sam-represent-usa-at-worlds-korea

Samantha Skye Valdez trains.

The fundraiser states, “She practices at three studios in the Bay Area six days a week while taking SAT prep courses! Earlier this year she won Gold for women’s teams under 30 in the United States.”

Allen D. Payton contributed to this report.

By Bobbi Mauler, Executive Assistant to the District Attorney, Contra Costa County

Contra Costa County District Attorney Diana Becton announced Monday, Feb. 28 that the Contra Costa DA’s Office, together with 16 other California District Attorneys and City Attorneys, have reached a settlement with Copart for injunctive relief, civil penalties, and enforcement costs totaling $800,000.  According to their website Copart, founded in Vallejo in 1982 and now headquartered in Dallas, “is a global leader in 100% online car auctions featuring used, wholesale and repairable vehicles.”

After an investigation into the waste management practices of Copart, the Contra Costa County District Attorney’s Office, along with 16 other California district attorney and city attorney offices filed a civil complaint alleging Copart disposed of hazardous waste items into the trash. The items disposed of consisted of used office supplies, and items removed from vehicles being prepared for sale such as personal items, small electronics, personal care, automotive, and other consumer products.  These practices ultimately lead to hazardous waste being improperly transported to and disposed of in municipal landfills instead of authorized hazardous waste disposal facilities.

“Corporations must be held accountable for conduct that poses a harm to the environment,” said DA Becton. “Copart was cooperative with the investigation and enhanced their existing training programs designed to properly manage and dispose of all items that are regulated as hazardous waste.”

The judgment agreed to by the parties provides for $650,000 in civil penalties, $150,000 in costs of enforcement and a permanent injunction prohibiting Copart from violating hazardous waste laws and requiring Copart to implement compliance assurance measures. 

Photo: EBRPD

By Jen Vanya, Public Information Specialist, Public Affairs, East Bay Regional Park District

Monday, March 7, 2022 (Oakland, CA) – The East Bay Regional Park District is actively seeking 50 new lifeguards for the 2022 swim season at its 10 East Bay swim facilities, which include lakes, lagoons, and pools. All new lifeguard positions are seasonal, full-time positions from May through September. Anyone 16 and over before April 23, 2022, are encouraged to apply. Starting pay is $20.17 per hour.

There are six different testing dates scheduled on Saturdays and Sundays during the last three weekends in March. Participants will be asked to swim 550 yards in under 10 minutes, carry a rescue board 50 feet, retrieve three dive rings under 4-7 feet of water, tread water for two minutes using only their legs, and retrieve a 10-pound brick from under water. There will also be a short informal interview after successful completion of the swim test on the same day.

Participants who pass the tests will be invited to the Park District’s Lifeguard Academy beginning Saturday April 23rd, 2022, where they will receive paid training and certification in open water lifeguarding. The Lifeguard Academy takes place over five consecutive weekends in April and May, with the swim season beginning in late May for most facilities.

“Promoting water safety and educating park visitors on how to safely recreate in, on, and around the water is paramount in what a lifeguard does,” said East Bay Regional Parks District Aquatics Manager Pete DeQuincy. “Working as a lifeguard is one of the few ways a young adult can give back to their community and learn about public service.”

Lifeguards can work at any of the Park District’s swim facilities throughout cities in Alameda and Contra Costa counties, such as Antioch, Concord, Livermore, Hayward, Castro Valley, Oakland, Alameda, and Berkeley.

Testing Schedule

• Saturday March 12th, Buchanan Pool, Pittsburg
• Sunday March 13th, Buchanan Pool, Pittsburg
• Saturday March 19th, Mills College, Oakland
• Sunday March 20th, Mills College, Oakland
• Saturday March 26th, Granada High School, Livermore
• Sunday March 27th, Granada High School, Livermore

More Information and How to Apply: bit.ly/2022EBRPDLifeguard

The East Bay Regional Park District is the largest regional park system in the nation, comprising 73 parks, 55 miles of shoreline, and over 1,300 miles of trails for hiking, biking, horseback riding, and environmental education. The Park District receives more than 25 million visits annually throughout Alameda and Contra Costa counties in the San Francisco Bay Area.

Lori Wilson running to fill Frazier vacancy through end of year

Still time for write-in candidates to enter race

She’s also only candidate so far to file for June Primary for regular election in new AD11

Current district includes Brentwood and Antioch, new one doesn’t

Suisun City Mayor Lori D. Wilson. Source: LinkedIn

By Allen D. Payton

On Wednesday, Feb. 9, Suisun City Mayor Lori D. Wilson officially filed for candidacy in the April 5th Special Primary Election race for California’s current 11th Assembly District. The vacancy was caused by former Assemblyman Jim Frazier’s resignation at the end of December. By 5:00 PM the next day, Wilson, a Democrat, learned she was the only candidate to file.

Wilson’s campaign issued a press release on Friday, Feb. 11 stating, “She still intends to run a strong campaign to talk to voters about their concerns and tell them her story. Wilson believes that a strong voter turnout in every election is important to democracy.”

Still Time for Write-In Candidates to File and Run, Could Force Run-Off in Special General Election

However, there is still time for write-in candidates to file and run in the race. According to the Special Primary Election Calendar on the California Secretary of State’s website, which isn’t included in the Special Primary Election Calendar on the county’s Elections Office website, the “Period for all write-in candidates to file their Statement of Write-In Candidacy and Nomination Papers with the county elections official” began Feb. 7 and runs through the deadline on March 22, 2022. Those interested and who live in Contra Costa County must obtain the necessary documents from the Elections Office in Martinez.

If a candidate does not receive a majority of the votes of at least 50% plus one, a special general election will be held. The top two candidates in the primary will face off in the general election. While a write-in candidate’s name will not appear on the special primary election ballot, if a run-off is necessary, the name of the write-in candidate who is one of the top two candidates in the primary will appear on the special general election ballot. Whomever wins the election will fill the vacancy in the current 11th District through the end of the year. If no write-in candidate files, Wilson automatically wins will be sworn in sometime in April.

About Wilson

According to her LinkedIn account, since July 201 Wilson has worked as the Director of Finance for developer KB Home in Fairfield, and in the same position for Meritage Homes from 2011 to January 2019. Prior to working in the private sector, she worked for two non-profit organizations, first as Program Director for Liberty, then as Chief Accountant for Fair Housing Napa Valley. Prior to that she worked as an auditor for Solano County from 2003 to 2006.

Wilson earned a Bachelor of Science degree in Business Administration with a concentration in Accountancy from Cal State Sacramento.

She has “been endorsed by Lieutenant Governor Eleni Kounalakis, who joins a long list of state and local elected officials who have voiced their support for the campaign,” the press release reads.

“Lori Wilson has the right priorities and experience to represent Solano and Contra Costa Counties in the Assembly,” the press release continues. “As Mayor of Suisun City she has helped solve tough problems and delivered for her constituents. We need strong women leaders in Sacramento and I am proud to endorse Lori Wilson for Assembly.”

According to her campaign website, Wilson is the first Black female mayor to serve in all of Solano County She has served as Mayor of Suisun City since 2018 and was first elected to the Suisun City Council in 2012. According to her press release, “During her tenure, she has worked tirelessly to make Suisun City a welcoming and safe home to all. Wilson has a track record of fiscal responsibility while leading efforts to bring more housing, jobs and diversity to Suisun City. Lori Wilson is committed to fighting for the residents of California’s 11th Assembly District and she has a track record of creating good jobs, keeping our community safe and increasing the quality of life for all her constituents.”

According to the bio on her campaign website, Wilson is “A native Californian raised on the west side of Fresno, Lori is married to her high school sweetheart Chavares Wilson, a retired Air Force Reserve Technical Sergeant. They have been blessed with two sons, Tyler and Kiren, and a daughter-in-law, Brittney. They have enjoyed living in Suisun City since 2004 after being stationed at Travis AFB for 5 years.”

Only Candidate to File for Regular Election Also

Wilson has also filed to run in the regular election in the June primary, for the newly redrawn district which no longer includes Antioch. To date, in that race she is the only candidate to do so in either Solano County or Contra Costa County, as well. Candidates have until March 16 to file papers to run, since the seat is currently vacant.

For more information about Wilson visit ElectLoriWilson.com.

Past Write-In Candidate for Assembly District 11

This reporter was the last candidate to successfully run as a write-in in a primary election for Assembly District 11, in 1998, garnering enough votes to be included on the November ballot. He lost to then-incumbent Assemblyman Tom Torlakson.

Danville Police Officer Andrew Hall shoots Laudemer Arboleda on November 3, 2018. Screenshot of critical incident video.

While serving as a Danville Police Officer, following police pursuit in downtown Danville

By Allen D. Payton

On Friday, March 4, 2022, the Contra Costa District Attorney’s Office announced former Contra Costa Deputy Sheriff Andrew Hall was sentenced to six years in state prison for assault with a firearm and inflicting great bodily injury upon Laudemer Aboleda in downtown Danville on November 3, 2018. The incident occurred following a police pursuit of Aboleda. Hall was charged by Contra Costa District Attorney Diana Becton in April 2021. (See related articles here and here)

Hall was convicted last October and could have faced up to 22 years in prison, but the jury did not convict him of the more serious charge of felony voluntary manslaughter. (See related article)

While serving as a Danville Police Officer, according to the DA, “as found by the jury, Hall, unreasonably shot Laudemer Aboleda. This sentence is reflective of the gravity of the crime Deputy Hall committed. Deputy’s Hall’s actions were dangerous, unreasonable, and excessive. In sentencing the defendant to prison, the Court recognized the need for accountability in Deputy Hall’s decision to fire multiple times at Laudemer Aboleda, taking his life.” (See related article and incident video)

“No sentence imposed will bring Laudemer Aboleda back to his family,” the DA’s announcement continues. “The sentence imposed today is proportionate to the egregious shooting committed by a law enforcement officer who took the life of one man, and in doing so endangered the lives of his fellow officers and civilians. We respect the ruling of the judge and extend our condolences to the family of Laudemer Arboleda.”

When reached for comment, Sheriff’s Office Director of Public Affairs Jimmy Lee offered the following statement:

“The Contra Costa County Office of the Sheriff is aware that Andrew Hall was sentenced today and later remanded into custody. Hall will be booked and transported to Solano County jail; details on where he will serve any remaining time of his sentence will be disclosed when available. Due to state law requirements about felony convictions, the Sheriff’s Office had no choice but to serve Hall with a notice for termination. That was done immediately after sentencing.”

Will match $200,000 in employee and physician donations raised in just two days

Calls on other health care organizations to join the effort

By Antonia Ehlers, PR and Media Relations, Kaiser Permanente Northern California

Kaiser Permanente has launched an employee and physician giving campaign to help with the urgent Ukrainian refugee crisis for physicians and employees who wish to personally support organizations helping with the relief effort, providing refugees with food, shelter, warm clothing, medical care, and supplies. Employees and physicians can choose to support these efforts by donating to any of 3 organizations selected by Kaiser Permanente, and the nonprofit integrated health care organization will match individual donations dollar for dollar, up to a total of $200,000.

The program was announced March 1, and in less than two days employees and physicians donated more than $200,000 in relief funds, ensuring the organization will contribute at least $400,000 for Ukraine relief. Donations continue to come in to support the three nonprofit relief organizations included in this matching effort, who are all providing direct aid: Direct Relief, Global Empowerment Mission, and World Central Kitchen. They were chosen based on a successful track record in disaster situations, and all three are on the ground in the region working to assist the refugees.

“Kaiser Permanente’s mission compels us to take action in response to the events unfolding in Eastern Europe. We are deeply saddened for the people in Ukraine, and for the loss of lives, destruction of communities, and displacement of families,” said Greg A. Adams, chair and chief executive officer, Kaiser Permanente. “This worsening humanitarian crisis merits our immediate response. We ask that you join us with your donations and solidarity for the people in Ukraine. This is a moment and cause that connects us regardless of our background or ethnicity. This is a time for unity, and for us to stand together as an industry and as a nation.”

The war in Ukraine already has caused more than 1 million refugees to leave the country and stream into neighboring nations. The United Nations estimates a total of 4 million people will eventually leave the country in the coming weeks. The scale of the humanitarian crisis is expanding significantly, and disaster relief agencies are struggling to meet the needs. While neighboring countries are welcoming the refugees, they are overwhelmed by their numbers.

The damage caused by this conflict continues to change every day. Kaiser Permanente will continue to closely monitor the situation as it continues to develop.

Kaiser Permanente has physicians and employees who have ties to Ukraine, Russia, and other countries in the region. Many of the people in the communities we serve also have connections to those affected by the war. This diversity is a source of strength and provides an opportunity to seek mutual understanding, offer support, and work together for a better future.

About Kaiser Permanente

Kaiser Permanente is committed to helping shape the future of health care. We are recognized as one of America’s leading health care providers and nonprofit health plans. Founded in 1945, Kaiser Permanente has a mission to provide high-quality, affordable health care services and to improve the health of our members and the communities we serve. We currently serve 12.5 million members in 8 states and the District of Columbia. Care for members and patients is focused on their total health and guided by their personal Permanente Medical Group physicians, specialists, and team of caregivers. Our expert and caring medical teams are empowered and supported by industry-leading technology advances and tools for health promotion, disease prevention, state-of-the-art care delivery and world-class chronic disease management. Kaiser Permanente is dedicated to care innovations, clinical research, health education, and the support of community health. For more information, go to about.kp.org.

The Pittsburg hills where the Faria project has been approved for construction, as seen from the San Marco neighborhood in Pittsburg. Photo: Scott Hein

607-acre, 1,650-home development next to planned Thurgood Marshall Regional Park

SMD leader says motion for new trial “should be denied”

By Allen D. Payton

Last Friday, Feb. 25, 2022, attorneys representing Discovery Builders and their Faria new home development requested a new trial for the lawsuit by Save Mount Diablo, following a judge’s decision in favor of the environmental group to stop the project. As previously reported, on March 30, 2021, Save Mount Diablo filed a lawsuit challenging the City of Pittsburg’s approval of the 1,650-unit Faria project, on the ridgeline between Pittsburg and Concord. According to the agenda item documents, the master plan overlay district encompasses approximately 607 acres of land. (See related article)

The motion for a new trial was filed “on the basis that the Court’s decision is not supported by the evidence and controlling legal authorities. Specifically…that there were several portions of this Court’s February 10, 2022, Statement of Decision that may not have fully considered evidence in the administrative record.” In addition, the motion asks that the “Court vacate its Statement of Decision and enter a new decision denying SMD’s motion” and “conduct a new hearing”. Faria project Motion for New Trial Parsons Dec. ISO Mot for New Trial      Raskin Dec. ISO Mot for New Trial    Faria project new trial Proof of Service

A hearing date on the motion for a new trial has been set for April 14, 2022.

The now named Thurgood Marshall Regional Park is directly adjacent to the Pittsburg City Council approved Faria project. Herald file graphic. Credit: Save Mount Diablo/Google Earth.

On the day of the decision, Save Mount Diablo issued the following press release about their legal victory:

“On February 10, 2022, the Contra Costa County Superior Court handed Save Mount Diablo a major victory in its legal challenge to the City of Pittsburg’s approval of the 1,650-unit Faria/Southwest Hills Project.

According to the ruling, the city’s environmental review was inadequate in numerous ways. Faria was proposed by Seeno companies/Discovery Builders, Inc./Faria Investors LLC on the spectacular and highly visible major ridgeline between Pittsburg and Concord and could include grading and houses visible across the ridge.

As a result, the City of Pittsburg is required to overturn approvals for the project and correct environmental review. The city and Seeno/Discovery Builders will also be required to pay Save Mount Diablo’s legal fees.

It remains to be seen whether the developers, Discovery Builders, Inc. and Faria Land Investors, LLC, or the City of Pittsburg will appeal the decision.

The Pittsburg City Council—then-Mayor Merl Craft; then–Vice Mayor Holland Barrett White; and Councilmembers Shanelle Scales-Preston, Juan Antonio Banales, and Jelani Killings—all voted to approve the proposal in February 2021. (The mayor and vice-mayor designations rotate among the councilmembers.) They ignored hundreds of letters and public comments that opposed the project. Save Mount Diablo filed a lawsuit challenging the project’s approval in March 2021.

If the project had moved forward, it would have meant the development of a major, new residential subdivision on 606 acres of ridgeline and hillside grazing land in what is currently unincorporated Contra Costa County, immediately south of the City of Pittsburg.

The biologically rich site supports sensitive wildlife species and rare plants and is in one of the most visible and most environmentally constrained areas of the county. The Faria project would have fragmented open space and damaged wildlife corridors.

The proposed housing development would have changed the beautiful green hills forever by annexing the property to the City of Pittsburg and locating 1,650 new residences far from jobs, transit, and services.

The Faria project would have also impacted the new East Bay Regional Park District (EBRPD) Thurgood Marshall Regional Park – Home of the Port Chicago 50 at the Faria site’s southwestern edge, formerly part of the Concord Naval Weapons Station. Save Mount Diablo and its partners advocated for the creation of this new park over many years. The Faria project would have been located directly above the new park on a ridgeline, degrading views from surrounding areas.

The Contra Costa Superior Court ruled that the City of Pittsburg’s environmental review of the project was inadequate in four major ways:

1. It failed to analyze any impacts that would results from the 150 accessory dwelling units that were added by the City of Pittsburg at the last minute. This is important because the number of units affects every part of environmental review from traffic to water supply to schools, etc. and will make correcting the environmental review complicated;
2. It failed to include a baseline description of biological resources that could be impacted by the project, specifically special-status plant species;
3. It failed to consider the water supply impacts of adding 1,650 new housing units in the area, which is especially important given years of drought and increasing fire danger; and
4. It failed to adequately disclose or mitigate the project’s air quality impacts, including greenhouse gas impacts, without which development will continue to make the climate crisis much worse.

“The court’s decision says to developers: ‘You don’t get to kick the can down the road. You have to do a thorough analysis of your project’s impacts before you lock in project approvals,’” said Winter King, Save Mount Diablo’s attorney from Shute, Mihaly & Weinberger. “The court got it right.”

The court’s ruling means that the City of Pittsburg’s approval of the project is null and void.

The court also noted that additional impacts—such as geologic hazard impacts resulting from grading and filling, and impacts on streams and agricultural lands—would need to be addressed in more detail.

Save Mount Diablo Executive Director Ted Clement said, “Throughout the East Bay, residents have worked hard to protect our ridges and views, flora and fauna, and to defend our parks. In this case that was just decided in our favor, Save Mount Diablo had to stand up against some very powerful interests to help further the work of protecting these treasured resources, which add so much to our collective quality of life.”

“Although I’ve worked for Save Mount Diablo on this issue, I’m also a Concord resident,” said Juan Pablo Galván Martínez, Save Mount Diablo’s Senior Land Use Manager. “This project infuriated me as an open-space lover, a wildlife enthusiast, and someone who is deeply worried and taking action to stop catastrophic climate change. Since this affects both cities, I want both city councils to work together to protect the hills and ridgeline.”

“This is a major victory for Pittsburg’s hills,” stated Save Mount Diablo Land Conservation Director Seth Adams. “Open space, habitat for wildlife, and the community’s scenic views have won the day, and poorly planned development will not go forward, for now. We are very happy with the court’s decision.”

“On the other hand,” said Adams, “while our victory is costly for the city and Seeno/Discovery Builders in time and money, it does not stop the project forever. After correcting environmental documents, the Pittsburg City Council can approve Seeno’s huge project again if they choose. But now they have a second chance to make it better by protecting the ridgeline and neighboring regional park. We don’t have to argue about protecting ridgelines in other cities. The Pittsburg City Council should do the right thing.”

Save Mount Diablo Says Motion for New Trial “Should Be Denied”

Asked about the motion for a new trial, Save Mount Diablo Executive Director, Ted Clement responded, “Regarding the Seeno companies/Pittsburg request for a new trial, the Court has already rejected their arguments for reasons fully set forth in its decision. Their Motion for New Trial does not question the adequacy of the administrative record on which the Court properly based its decision (and which the City itself prepared) or suggest there was any other irregularity or unfairness in the hearing. Instead, they seek a second bite of the apple.”

“Their Motion reargues issues that were fully briefed and addressed in the Court’s Decision,” he continued. “They also seek to introduce irrelevant and improper extra-record evidence, violating black letter law that CEQA actions must be decided on the record that was before the agency when it made its decision.”

“Because their Motion provides no basis for this Court to order a new trial solely on the issues decided adverse to them, it should be denied,” Clement concluded.