Contra Costa Herald

Dear Editor,

Former Councilmember Karen Rarey knew that if she ran for mayor and lost, instead of running for re-election in District 3, she’d no longer be on the city council. She took that risk, ran and lost. Councilmember Susannah Meyer was elected in District 3 to replace her. Now, Meyer, the other new Councilmember Jovita Mendoza and their special interest group are trying to get Rarey appointed to Mayor Joel Bryant’s empty council seat to have three votes to the council. That’s not right.

Do we want a small, local, special interest group to control the majority of our council? Of course not. They need to accept the fact that Rarey lost. And she needs to be respectful of the people’s vote, gracious in defeat and step away, instead of trying to get back on the council and be the leader of a new majority coalition for a seat she can’t even run for in two years!

It’s time to give the new leadership that the people voted for a chance. Joel Bryant is that leader. The council needs to hold an application, interview and appointment process, not waste $200,000 of our tax dollars on a special election, and not appoint Rarey to his open seat.

They say politics is the art of compromise. Jovita and Susannah need to remember that and learn to compromise and find common ground with Mayor Bryant and Councilmember Johnny Rodriguez and appoint someone, preferably from District 4 to fill the seat for the next two years.

Please take the City Council survey on the city’s website by next Monday, Dec. 28 at www.brentwoodca.gov/gov/council/council_survey.asp. Join me in telling the council we want them to hold an application and appointment process, not a special election and not appoint Rarey. Thank you.

Pauline Giles

Brentwood

By Jaime Coffee, Information Officer, California Highway Patrol

SACRAMENTO, Calif. – As 2020 comes to a close, the California Highway Patrol (CHP) wants to highlight some new roadway safety laws that take effect in 2021.

License points for distracted driving (AB 47, Daly; 2019):  Using a cell phone in a handheld manner while driving is currently punishable by a fine.  Beginning July 1, 2021, violating the hands-free law for a second time within 36 months of a prior conviction for the same offense will result in a point being added to a driver’s record.  This applies to the violations of talking or texting while driving (except for hands-free use) and to any use of these devices while driving by a person under 18 years of age.

Unattended children in motor vehicles (AB 2717, Chau):  Exempts a person from civil or criminal liability for trespassing or damaging a vehicle when rescuing a child who is 6 years old or younger and who is in immediate danger from heat, cold, lack of ventilation, or other dangerous circumstances.  The law takes effect January 1, 2021.

“Move Over, Slow Down” amendments (AB 2285, Transportation Committee):  Extends the provisions of the “Move Over, Slow Down” law currently in place on freeways to also apply to local streets and roads so drivers approaching a stationary emergency vehicle displaying emergency lights, including tow trucks and Caltrans vehicles, must now move to another lane when possible, or slow to a reasonable speed on all highways, not just freeways.  The law is effective January 1, 2021.

Emergency vehicles (SB 909, Dodd):  Allows authorized emergency vehicles to use a “Hi-Lo” warning sound.  This distinctive sound, different than a siren, would be used to notify the public of an immediate need to evacuate an area in an emergency.  The CHP is currently developing regulations to standardize the Hi-Lo warning sound statewide.  Until the regulations are adopted, law enforcement agencies can use the Hi-Lo warning sound by obtaining a permit from the CHP.  The law went into effect September 29, 2020.

The mission of the CHP is to provide the highest level of Safety, Service, and Security.

Najee Harris evades an Arkansas State player. Photo: University of Alabama Football

Scores 5 TD’s in SEC Championship game, named MVP; showered with national honors; Heisman presentation Thursday on ESPN; will play in Rose Bowl Jan. 1

Najee Harris. Photo: UAF

By Jesus Cano

University of Alabama running back Najee Harris has taken the college football world by storm this season, but anyone who saw him play at Antioch High School knew this would happen

On Saturday night, Harris and the No. 1 ranked Crimson Tide took down No. 7 Florida in the SEC championship, where he was named the MVP. He recorded five touchdowns, three receiving and two rushing, and 245 all-purpose yards. His performances all season have put him in the conversation for the Heisman Trophy – given to the best college football player, for which he’s been training. Harris is one of the final five candidates, voting ended on Monday, Dec. 21, and the 2020 Heisman Trophy Finalists Reveal Show will be held Thursday, Dec. 24 at 4:30 pm Pacific Time on ESPN, and the winner presented on Jan. 5.

“A lot of stuff has happened this year,” Harris said. “We’re happy to be here.” (See his postgame press conference)

Overall, during his senior season, the 6-foot-2-inch, 230-pound Harris rushed for 24 touchdowns and 1,262 yards, for a total of 1,578 yards including 312 receiving, after choosing to stay in school to play one more year and forego entering the NFL draft. For Harris’ four-year college career, he has 4,311 total yards, including 3,649 rushing.

Harris is Alabama’s all-time leader in career touchdowns, surpassing current NFL running backs Derrick Henry and Mark Ingram, and Seattle Seahawks legend, Shaun Alexander. Harris is also just 101 yards shy of breaking the all-time rushing yards record at Alabama.

Najee Harris hurdles an Ole Miss player. Photo: UAF

As of last week, he was chosen one of three finalists for the Jason Witten Collegiate Man of the Year award, which is presented annually to the Division I college football player who has demonstrated a record of leadership by exhibiting exceptional courage, integrity and sportsmanship both on and off the field. The award honors exemplary character and commitment to community, family and teammates.

In the description of Harris for that award, it reads, “One of the nation’s top running backs, Harris has…overcome a challenging childhood in which he faced homelessness to become a vocal leader during the Alabama team’s social justice movement and one of the main voices for his university’s push towards a more unified campus. He has also been an active member in the Tuscaloosa community, recording nearly 50 hours of community service, highlighted by his volunteer efforts with the Alberta Head Start Unity Project.”

Harris is also one of 14 student-athletes named to the 2020 SEC Football Community Service Team for his work and it was just announced on Monday, Dec. 21st during the National College Football Awards Association (NCFAA) honors presentation, he is one of three finalists for the Doak Walker Award. The honor was created in 1989 to recognize the nation’s premier running back for his accomplishments on the field, achievement in the classroom and citizenship in the community. The winner will be announced during The 30th Annual Home Depot College Football Awards show on Thursday, Jan. 7, at 4 p.m. PT, on ESPN.

Harris was also a semi-finalist for The Maxwell Award which is presented annually to the college football player judged by a panel of sportscasters, sportswriters, and NCAA head coaches and the membership of the Maxwell Football Club to be the best all-around in the United States.

Now, he and the Tide shift their focus to the Bowl Championship Series (BCS) College Football Playoffs, where Alabama will play No. 4 Notre Dame in the Rose Bowl game on Jan. 1 at 1:00 p.m. Due to the State of California COVID-19 health orders, the game won’t be played in Pasadena, but at AT&T Stadium in Arlington Texas, instead.

Najee Harris stretches for the touchdown vs. Clemson in the 2019 BCS Championship game. Photo: UAF

Harris committed to Alabama his sophomore year of high school, very early to decide even for an athlete as rated as he was. And while there were talks of last-minute flips to Michigan or Cal, Harris remained true to the Crimson Tide.

“Words can’t express how happy and proud I am for Najee,” Antioch defensive coordinator Brett Dudley said. “It’s amazing getting to see him every Saturday on TV and it was great to see he graduated a couple weeks ago. It’s great for the city of Antioch because he will forever be the inspiration for every kid growing up in Antioch. The best example there is that if you’re a great person and you do all the right things on and off the field, you can achieve all of your dreams.”

Harris ended his high school career with 99 touchdowns for the Panthers, with 7,948 rushing yards. Antioch went undefeated in 2015, winning its first league title since 1984. The following year, Antioch made it to the NCS DI championship, but came up short, losing to Monte Vista.

Allen Payton contributed to this report.

Dr. Anthony Fauci with Lafayette Councilmember Cam Burks during an online interview on Tuesday, Dec. 22, 2020. Courtesy City of Lafayette.

Hello Lafayette:

On Tuesday, December 22, I had the opportunity to sit down with Dr. Anthony Fauci, Director of the National Institute for Allergy and Infectious Diseases, for a virtual one-on-one fireside chat to briefly discuss the state of the current virus situation and how well we, Lafayette as a community, have been doing.

I congratulated him as just a few hours before our chat, Dr. Fauci himself received his first vaccination shot!

He praised Lafayette and encouraged us to continue our measures, and to become vaccinated as soon as it becomes available to us. He provided valuable advice on how we can prevent transmission and was genuinely proud of our community for taking COVID-19 so seriously.

Dr. Fauci turns 80 on December 24. As a surprise, I sprang on him the idea that we, as a city, would proclaim December 24, 2020, as Dr. Anthony Fauci Day in Lafayette. He excitedly accepted!

Just another example of Love Lafayette!

You can watch Dr. Fauci’s message to Lafayette on the City’s YouTube Channel here: https://youtu.be/40xxtGLreA0

Happy holidays, happy New Year, and please be safe.

Cam Burks, Lafayette City Council

Dear Editor:

The City of Brentwood is now undergoing a process to decide how the vacant council seat should be filled.

Three options are now under consideration. The first, to hold a general election for the empty seat, which will be for a two-year period when the District 4 seat will again become available. This is a terrible choice. The city, now suffering a serious deficit due to the COVID-19 crisis, would incur more debt that could easily cost $200,000. By the time that all the election rules are put in place, the eventual winner may not get seated until mid-year 2021 and serve only one-and-a-half years in place. The election would potentially be open to all Brentwood residents as the seat would be an at-large position. When 2022 comes along, the person in place may not live in District 4 and not be eligible to run or be seated.

The second is to select one of the candidates that did not win during the past election, with the primary choice being the person that got the second most votes in the mayor’s race. However, each of those who lost in the council races may ultimately be a better choice but, got fewer votes simply because they only appeared on the district ballot in which they lived and ran. There is an ultimate unfairness in this approach.

The third, which appears to be the most fair, is to open the candidacy with an application to the city council for the temporary position in writing, allow the seated council members select the top five (or three or seven) and have them interview with the council for the best fit.

While it seems to be a lot of work on the part of the council, this should be more equitable to fill the council and most beneficial to the people of the City of Brentwood.

John Case

Olga Vidriales

Brentwood

By Scott Alonso, Public Information Officer, Office of the District Attorney, Contra Costa County

On December 18, 2020, Gilberto Villegas of Pittsburg (42-years-old) pleaded no contest Attempted Murder and Carjacking related to his violent attacks on multiple victims over a two-day period in Antioch and Pittsburg during late July of 2020. Villegas also admitted to causing great bodily injury and to having a prior violent felony/ strike offense. In total, Villegas will serve 18 years in state prison for his crimes.

On the evening of July 25, 2020, Villegas approached Jane Doe 1 in a parking lot at her place of work. He pulled up his car next to the victim’s, waited until she exited the vehicle and demanded her car keys. She had attempted to leave her car and escape, Villegas brought her back to her car using physical force. The Victim then threw her car keys away in an effort to end the attempted carjacking. Villegas responded by using his own car keys to stab the victim in the neck multiple times. Fortunately, a witness came upon the attack and yelled at the defendant. He then broke off his attack and fled in his own vehicle.

The next day, Villegas approached another female victim, Jane Doe 2, in a parking lot where the victim worked. The Victim was in her car during her lunch break. He proceeded to open her car door while she was inside her vehicle and strangled her to the point where she lost consciousness. After he pushed her out the vehicle, Villegas then started the victim’s car and tried to run her over. Co-workers intervened and Villegas fled the parking lot in Jane Doe 2’s car.

As part of the criminal complaint filing against Villegas, he had a prior violent felony for a 2015 conviction for a robbery with the use of a weapon.

The case was prosecuted by Deputy District Attorney Chris Sansoe of the Victims of Violent Crimes Unit. The cases involving Villegas were investigated by the Antioch and Pittsburg Police Departments.

Case information: People v. Gilberto Villegas Docket Number 04-200031-3 and 04-200067-7.

Deadline to participate Monday, Dec. 28

By Gregory Lawson, Public Information Officer, City of Brentwood

The Brentwood City Council unanimously voted to provide a survey for Brentwood residents to voice their opinions on the direction the Council should take on filling the vacancy on the City Council created by the election of former Vice Mayor Joel Bryant to the Office of Mayor. The survey will consist of three alternatives that residents can choose from:

• Conduct a special election to allow voters to choose a new council member (Approx. cost $200,000)
• Selection by City Council appointment, consistent with state election law, of the candidate who received the second highest number of votes in the 2020 mayoral race. (No Fiscal Impact)
• Selection by City Council appointment, consistent with state election law, using an application process that allows any person who is an elector of the City and registered voter to apply. (No Fiscal Impact)

In addition, if an appointment by application process is to be used, survey respondents will have an opportunity to share what criteria they believe should be considered by the Council in selecting the new member. Residents are encouraged to participate in the survey by visiting the City’s website www.brentwoodca.gov and clicking on “Council Vacancy Survey” or by calling (925) 516-5187. The survey will end on Monday, December 28 at Noon. A Special City Council meeting has been scheduled for Tuesday, December 29 at 6 pm.

Timothy Haile. Photo: CCTA

By Linsey Willis, Director of External Affairs, CCTA

The Contra Costa Transportation Authority (CCTA) today announced that Timothy Haile has been appointed to serve as its new Executive Director effective December 27, 2020.  Haile served as CCTA’s Deputy Executive Director, Projects since 2017 and has more than 23 years of experience in public works and transportation projects.

“I am pleased to announce the unanimous decision to promote Tim Haile to Executive Director,” CCTA Board Chair Teresa Gerringer said. “Tim’s dynamic thinking, leadership, proactive management style, technical acuity and ability to work in partnership with numerous stakeholders on large, multidisciplinary projects ensures CCTA’s continued success. Tim and I are both poised to begin our chapter at the helm of CCTA and we are excited to continue CCTA’s legacy as an innovative and collaborative agency.”

As CCTA’s Deputy Executive Director for Projects, Haile was responsible for the delivery of the capital improvement program, implementation of projects identified in CCTA’s voter-approved sales tax Measure J, development of a new Transportation Expenditure Plan, as well as other projects funded from grant or other outside sources. He managed CCTA’s innovation portfolio, including partnerships at GoMentum Station, multiple grants from the U.S. Department of Transportation, the Innovate 680 program, and all aspects of program and project management.

Haile has been an active leader in the transportation industry and community, serving as the Communications Chair of the Transportation Research Board Managed Lanes Committee and Board Member of the California Transportation Foundation. A testament to his technical expertise in highway design, communication, and presentation skills, Haile served as an adjunct professor for the Highway Design Course at California State Polytechnic University, Pomona for over eight years. In 2014 he was named one of the “Top 20 under 40 Engineering Professionals in California” by Engineering News Record Magazine.

Prior to CCTA, he worked at Michael Baker International as the Inland Empire Transportation Manager, managing the overall transportation program for the region providing exceptional service to local agencies, stakeholders, and the California Department of Transportation (Caltrans). An expert in Caltrans design policies, procedures, and standards for transportation projects, he advised local agencies and stakeholders to navigate the complex project delivery process from project initiation through environmental, final design and construction.

Haile is recognized for his dynamic thinking, leadership, innovation, proactive management style, technical acuity and ability to work in partnership with numerous stakeholders on large, multi-discipline projects building consensus, developing solutions to complex challenges and recommending policies.

Haile is a registered Professional Engineer and earned his Bachelor’s Degree in Civil Engineering from California State Polytechnic University, Pomona in 2003.

About CCTA

The Contra Costa Transportation Authority (CCTA) is a public agency formed by Contra Costa voters in 1988 to manage the county’s transportation sales tax program and oversee countywide transportation planning efforts. With a staff of twenty people managing a multi-billion-dollar suite of projects and programs, CCTA is responsible for planning, funding and delivering transportation infrastructure projects and programs throughout the County. CCTA also serves as the county’s designated Congestion Management Agency, responsible for putting programs in place to manage traffic levels. More information about CCTA is available at ccta.net.

Allen Payton contributed to this report.

Reads unedited profanity laced email during Tuesday meeting

Unlikely radioactive material dumped at Keller Canyon Landfill in Pittsburg

Prioritize teachers for COVID-19 vaccine

By Daniel Borsuk

Supervisor Karen Mitchoff, choking back tears after receiving an emailed death threat and listening to an avalanche of protests to her proposal to boost county public health fines on small businesses violating COVID-19 orders, requested the idea be dropped at Tuesday’s Contra Costa County Board of Supervisors meeting.

Supervisors earlier heard from a number of anonymous callers, presumably restaurant owners largely hit by county health inspections and penalty fines.  Most of the speakers protested that the current fines of $250 for the first offense, $500 for the second offense and $1,000 for each additional violation within one year of the initial violation were too extreme.  If a violation continues for more than one day, each day is treated as a separate violation.

At the Board’s December 8 meeting, Mitchoff had proposed the county dramatically increase fines in order to send a message to businessowners thinking of violating county ordinances.  At that meeting the supervisor had said, “I would like to see, $10,000, $15,000, and $20,000 fines.  We have to do something different.  If they want to stay open and spread COVID they have to pay the price.”

Prior to receiving the threatening email or listening to anonymous businessowners torpedo her proposal Tuesday, Mitchoff said “If we do not do something, we’ll lose credibility.  I see many businesses in Concord and Pleasant Hill obey county orders and are closed, but restaurants in Danville are open.”

A group of Danville and San Ramon restaurant owners have stirred up most of the protests.

“We receive 13 complaints a day including customers not wearing masks or not social distancing,” Contra Costa County District Attorney Dianna Becton told the supervisors.  The DA has assigned two inspectors for health code violations.

“Small businesses are really suffering,” said Supervisor Diane Burgis of Brentwood, who said one small busines owner pleaded with her for help because he had difficulty paying his property taxes.  “I am not going to support higher fines.  I am not in support of higher taxes. It won’t work.”

Later, Mitchoff caved into the public protests and especially upon receiving a sort of “interesting”, profanity-laced message during the meeting that she received from Ricky Gunz and read verbatimm:

“F— you Bi—. Sleep lightly. There are some bad people out there.  Karma is a motherf—r.  Keep trying to fine business and see what happens.”

“We hear the pain and the frustration,” said Supervisor John Gioia of Richmond. “It is all about saving lives and slowing the spread of COVID-19 to the 15 percent intensive care unit (ICU) capacity level.  We’re trying to save ICU capacity.”

Earlier supervisors learned from Contra Costa County Public Health Officer Dr. Chris Farnitano that Contra Costa had 181 COVID-19 patients in local hospitals, but more crucially, 133 patients were occupying ICU beds.  There are a total of 183 ICU beds in the county.

“That’s a significant increase,” said Farnitano. “Our case rate is 36 cases per day.  December will be our deadliest month.  Of 500 patients, five will die of COVID19,” he warned.

Keller Canyon Landfill Probe: “Unlikely that radiological materials were disposed of at Keller Canyon”

Supervisors also voted 5-0 to accept a two-page report on an investigation whether any radioactive materials from the Hunters Point Naval Shipyard were transported to the Keller Canyon Landfill in Pittsburg.  The report, prepared by TRC Solutions, Inc. was initiated after news reports initially published on April 21, 2018 in the San Francisco Chronicle and later picked up by other news outlets including the Contra Costa Herald about allegations of improper dumping of radioactive materials had occurred in the landfill.

“TRC’s forensic audit started in October 2018 and concluded in May 2019.  Documents reviewed by TRC included special waste authorizations, soil analytical data reports, Hunters Point work plans and reports, Standard Operating Procedures, portal monitor calibration records, and landfill data to ascertain if radiologically contaminated materials were received by KCL from Hunters Point Naval Shipyard.  In addition, site visits were performed at both KCL and HPNS in April 2019,” the report stated.

“Based on this review, of data, reports, logs, interviews, and site visits, it is concluded that it is very unlikely that radiological materials of concern (i.e., radionuclides specific to Hunters Point contaminations and in exceedance of background) were disposed of at Keller Canyon. To obtain certainty that no radiologically contaminated material from Hunters Point was received at Keller Canyon, limited environmental field sampling could be performed at Keller Canyon.”  Republic Services of Contra Costa operates the landfill.

Pittsburg City Manager Garret Evans said the city will continue to monitor the landfill based on the history of landfill’s previous issues about allegedly poor inaccurate data about air monitors and lead.

“Keller Canyon has been very cooperative.  This has been an important and thorough study that has gone through several community meetings, “said Supervisor Federal Glover of Pittsburg, whose District 5 includes the landfill.

Resolution Prioritizes Private and Public Teacher Receive COVID-19 Vaccines

Supervisors passed a resolution urging Gov. Gavin Newsom, the California Department of Public Health and all other state health officials to ensure that all public, parochial and private classroom teachers and staff receive the COVID-19 vaccine at no cost in order to assist school officials to reopen schools when it becomes safe to do so.

Two Cannabis Community Benefit Agreements Approved

Supervisors approved the community benefit agreements with two cannabis retail outlets – The Artist Tree V storefront commercial cannabis dispensary in El Sobrante and the Authentic 925 in Pacheco.  The two items acted on consent items.

The actions mean applicants for the two businesses are nearing approval of use permits whereby the owners will be required to pay the county community benefit taxes based on prospective retail sales.  In the case of SGI Pacheco, doing business as Authentic 925, the county will receive on an annual basis, $150,000 or 1.5 percent of the business’s gross profits, whichever is greater.

In the case of The Artist Tree V, the community benefit is based on percentages of annual gross sales of 2 percent or 3 percent depending on whatever will be gross sales during the operating year.

Then will follow federal, state framework

Joint Statement of the Bay Area Health Officers

As Bay Area nurses, doctors and other healthcare workers caring for COVID-19 patients receive the first, small batches of a rigorously tested vaccine, the region’s Health Officers see hope: we now have a critical tool to help fight this pandemic.

These vaccinations in acute care hospital settings follow a federal and state framework adopted locally that will also soon protect those living in skilled nursing facilities, settings where elderly, vulnerable members of our communities are more likely to have severe illness and die from COVID-19.

As vaccine supplies grow to eventually include other groups, the Bay Area’s Health Officers and federal officials believe these safe and effective vaccines will work in tandem with the daily habits and essential public health work that will ultimately end the pandemic.

Those key steps to fight the pandemic include public health work to protect high-risk groups and health care workers, identifying and isolating cases, and also tracing and quarantining contacts. For the public that means wearing face coverings, avoiding gatherings, postponing travel, and staying home whenever possible.

“This first batch of vaccines will protect our front-line healthcare workers so they can help our hospitals withstand the current winter COVID-19 wave and save as many lives as possible,” said Dr. Chris Farnitano, Contra Costa County’s health officer. “Now is the time to double down on our efforts to slow the spread of the pandemic so that we can all stay alive and healthy until there is enough vaccine for everyone.”

The 12 health officers for the counties of Alameda, Contra Costa, Marin, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, Sonoma and the City of Berkeley support the state’s vaccine distribution guidelines, which now prioritize healthcare workers in acute care facilities. Each jurisdiction will use that roadmap to implement the distribution of vaccines in this first phase, which may take several months as supplies increase. Vaccines for the general public may be available by early summer.

All of the region’s health officers plan to take the vaccine when the opportunity comes.

These early doses of COVID-19 vaccine come amidst an unprecedented surge of cases regionally and statewide. As hospitals’ intensive care units near capacity, stay at home orders are either in place or anticipated soon throughout the region.

Staying home saves lives.

“In this darkest hour, the vaccine gives us a beacon to show the direction we’re headed,” said Dr. Lisa B. Hernandez, Health Officer for the City of Berkeley. “The actions and daily habits we each take increase the light on that path and improve safety for all.”

Learn more about the state’s guidelines for the first phase:

California Department of Public Health: COVID-19 Vaccine Phase 1A distribution guidelines