A copy of the Declaration of Independence.
Following is the text of the Declaration of Independence in celebration of Independence Day, July 4th, 2017:
IN CONGRESS, July 4, 1776.
The unanimous Declaration of the thirteen united States of America,
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.
We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.
The 56 signatures on the Declaration appear in the positions indicated:
Column 1
Georgia:
Button Gwinnett
Lyman Hall
George Walton
Column 2
North Carolina:
William Hooper
Joseph Hewes
John Penn
South Carolina:
Edward Rutledge
Thomas Heyward, Jr.
Thomas Lynch, Jr.
Arthur Middleton
Column 3
Massachusetts:
John Hancock
Maryland:
Samuel Chase
William Paca
Thomas Stone
Charles Carroll of Carrollton
Virginia:
George Wythe
Richard Henry Lee
Thomas Jefferson
Benjamin Harrison
Thomas Nelson, Jr.
Francis Lightfoot Lee
Carter Braxton
Column 4
Pennsylvania:
Robert Morris
Benjamin Rush
Benjamin Franklin
John Morton
George Clymer
James Smith
George Taylor
James Wilson
George Ross
Delaware:
Caesar Rodney
George Read
Thomas McKean
Column 5
New York:
William Floyd
Philip Livingston
Francis Lewis
Lewis Morris
New Jersey:
Richard Stockton
John Witherspoon
Francis Hopkinson
John Hart
Abraham Clark
Column 6
New Hampshire:
Josiah Bartlett
William Whipple
Massachusetts:
Samuel Adams
John Adams
Robert Treat Paine
Elbridge Gerry
Rhode Island:
Stephen Hopkins
William Ellery
Connecticut:
Roger Sherman
Samuel Huntington
William Williams
Oliver Wolcott
New Hampshire:
Matthew Thornton
From the website: www.archives.gov/exhibits/charters/declaration.html
Happy Independence Day from the Contra Costa Herald!
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ConFire provides list of professional fireworks shows in Contra Costa County
The Contra Costa County Fire Protection District encourages people to see professional fireworks shows this holiday. Here is a list of locations:
On July 1st:
In Oakley at Freedom High School
On July 2nd:
In Pleasant Hill at the Contra Costa Country Club
On July 4th:
In Antioch at the Fairgrounds
In Pittsburg at the Marina
In Concord at Mt. Diablo High School
In Martinez at the Marina
In Pleasant Hill at College Park High School
In San Pablo at Contra Costa College
REMINDER – Except for these shows, ALL FIREWORKS ARE ILLEGAL in CONTRA COSTA COUNTY
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LEMUEL SIRVONN WILSON, Jr. Photo courtesy of DMV
Friday night, June 30, 2017, at about 10:55 pm an Infiniti sedan collided with a Dodge Durango on the Solano Avenue on-ramp to SR-4 in Concord and subsequently killed two young children and injury two others.
At 10:55pm, a silver 2004 Infiniti sedan was traveling on SR-4 westbound at an unknown rate of speed and traveling towards the Solano Avenue off-ramp. At the same time, a grey 2006 Dodge Durango was traveling on the on-ramp from Solano Avenue to SR-4 westbound, which is adjacent to the off-ramp. It is unclear why, at this time, but the driver of the silver Infiniti drove off the roadway of the off-ramp and directly towards the Durango. The front end of the Infiniti slammed into the left rear of the Durango. The collision was so severe the Durango was pushed sideways down to the edge of the on-ramp and the Infiniti was catapulted over the dividing fence and into the parking lot of Kinder’s where it came to rest just feet from the front door.
Sadly, a 10-year-old boy and five-year-old boy from the Durango were both ejected and tragically died at the scene. The three-month-old remained in its car seat but sustained major injuries and was transported to Oakland Children’s Hospital. The driver, 35-year-old mother, sustained major injuries and was transported to John Muir Hospital in Walnut Creek. This family resides in San Pablo.
Witnesses on scene said the driver of the Infiniti fled on foot across the highway and ran towards the Solano drive-in movie theater located at Arnold Industrial Place. The fleeing driver was described as a black male adult, lanky build about 5’10”-6’1″, with short black hair and wearing a gray or dirty white shirt, blue jeans and black shoes. Witnesses also said the driver sustained injuries to his head and face because of the significant amount of blood on him. And he may have additional injuries as well. The CHP along with numerous allied agencies searched the area but were unsuccessful in finding the driver.
PERSON of INTEREST: From evidence, information located at the scene, and eyewitness testimony at the scene, LEMUEL SIRVONN WILSON, Jr – DOB-6/24/1982, is the number one person of interest in this hit & run fatality collision. If you know him, know his whereabouts now, saw him at the collision scene or at the movie theater, please contact CHP – Golden Gate Division Communications Center by calling 707-551-4100. Relate that you have information for CHP – Contra Costa and Officer Odom who is handling this investigation. Thank you for any help you can provide.
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Jose Canseco with a young fan during an autograph signing at Winter Chevrolet on Friday, June 23, 2017.
By Jesus Cano
America’s favorite pastime is alive and well in Eastern Contra Costa County. The Pittsburg Diamonds have played at City Park since 2014, and this week welcomed back to the Bay Area, former Major League slugger Jose Canseco, as he spent the weekend of June 23rd with the independent professional baseball team.
Canseco is best known for his tenure with the Oakland Athletics from 1982-1992, where nailed 209 homeruns and 647 RBIs. He and Athletic’s first baseman Mark McGwire formed the Bash Brothers. Along with that, he captured a World Series ring in the 1989 Battle of the Bay that was overshadowed by the infamous Loma Prieta Earthquake.
Canseco is no stranger to the city of Pittsburg, as this is his third year suiting up for the Diamonds. He states that his favorite part of being back in the East Bay is being able to be around the young players the Diamonds house.
“I try to help them out with all aspects of the game,” Canseco said. “A lot of players actually recommend coming out to Pittsburg to play so I’m really excited for this weekend.”
The Diamonds have been part of the Pacific Association of Professional Baseball Clubs since their inaugural season in 2014 when they were named the Pittsburg Mettle. In 2015 when ownership switched to hands of Khurram Shah, they commenced under the Diamonds brand paying homage to the team that played in the same area back in the 60s.
Shah wants everyone to be aware that Pittsburg is home to a minor league baseball team. Even if he brings Canseco out for a couple games, he hopes to generate life-long fans after this unique experience.
“We’re trying to build a fan base,” Shah said. “We want to see a repeat of people coming to ballpark consistently.”
Pittsburg took two out of the three game series against the Vallejo Admirals during Canseco’s weekend with the team, where the Diamonds improved to 11-9 on the season.
Shah highlights infielder Vinny Guglietti to be one of the top guys on the team. The Connecticut native is batting .420 with five homeruns and 27 RBIs. Wes Wallace is another player that makes a huge impact according to Shah as he is hitting .364 and five homeruns. Shah states Tyler Stirewalt is starting to showcase his pitching ability. Stirewalt has 1.92 ERA so far, this season.
The Diamonds’ next home game is Tuesday night, June 27 at 6:30 p.m., to begin another three-game series also against the Admirals. To learn more about the Diamonds visit www.diamondsproball.com.
Read MoreBoard seeks input; goal to fill position in September
The Contra Costa County Board of Supervisors met Friday, June 23, 2017, to determine the process for filling the vacant office of the District Attorney. When a vacancy occurs in an elective county office, the Board of Supervisors has the responsibility to appoint a successor to serve for the duration of the unexpired term. The June 14, 2017 resignation of Mark Peterson from the position of District Attorney created a vacancy that would extend until the current term of office expires on January 7, 2019. The next election for the District Attorney will take place in June of 2018, with a potential runoff election in November of 2018.
The Office of District Attorney is provided in the State Constitution. The District Attorney represents the people of the County in prosecuting all public offenses in the Superior Courts, including all felonies, misdemeanors, juvenile criminal offenses, and certain civil offenses, including high-tech crimes, environmental crimes, and many instances of fraud.
Although the Board of Supervisors has discretion in how to fill the position, there are some minimum requirements for the job. To qualify, a candidate must be at least 18 years old, a California citizen, a registered voter in Contra Costa County at the time of appointment, and admitted to practice law in the California Supreme Court. The Board of Supervisors is seeking candidates with experience in criminal law, familiarity with criminal justice issues in California, and the ability to effectively manage a County department with an annual budget of $19.5 million and more than 200 employees.
All applicants must apply online at www.cccounty.us/hr and submit the information as indicated on the job announcement no later than 5:00 p.m. on Friday, July 21, 2017. NOTE that a background investigation/fingerprint exam will be conducted on all finalists, and a permanent job offer is additionally contingent upon the successful completion of a thorough background investigation, which will include a criminal records investigation and an economic disclosure (FPPC Form 700).
The legislature does not specify a deadline for making an appointment like this, but according to the California Attorney General, the appointment should be made within a “reasonable time.” With applications due July 21, the Board of Supervisors will select finalists in early August. The Board of Supervisors will host a moderated candidate forum at 6:00 p.m. on Tuesday, August 15, 2017. Members of the public will be invited to submit questions for consideration that may be asked of the finalist candidates. The Board will interview those candidates during a public meeting on Tuesday, September 12, with the goal of making a selection in September as well.
The June 23 meeting of the Board of Supervisors is available online in the video library found on the County’s homepage at www.ContraCosta.CA.gov. It will also be replayed in its entirety on Sunday, June 25, at 6:00 p.m., Monday, June 26, at 5:00 p.m., and Thursday, June 29, at 6:00 p.m. on Contra Costa Television (CCTV.) CCTV can be viewed on Comcast Channel 27, Wave Channel 32, and AT&T U-Verse on Channel 99.
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Following is a letter from six groups in the county to the members of the Board of Supervisors:
Dear Chairman Glover and Supervisors Andersen, Burgis, Gioia and Mitchoff,
Our community was shocked and angered last week to hear that former District Attorney Mark Peterson pled guilty to felony charges related to the illegal use of campaign funds, leading to his resignation. This unethical and dangerous abuse of power by the elected District Attorney is deeply concerning to us and we write today in the spirit of working to rebuild trust between local government in Contra Costa, including law enforcement and the District Attorney’s office, and the community they are meant to serve.
We believe a critical first step to rebuilding trust is for the Contra Costa Board of Supervisors to engage in a fully transparent and community-centered process for appointing an interim District Attorney.
On behalf of Contra Costa County voters, we urge our Board to commit to a transparent, community-first process in making its selection of an interim District Attorney. In addition, we believe it is important for the Board to only consider applicants who have not filed to run in the June 2018 primary.
The District Attorney is one of the most powerful elected officials in county government and is the most powerful actor in our criminal justice system. The decisions made by the District Attorney impact every county resident, not just those who are directly involved in the criminal justice system. From determining when and what charges to file in individual cases; to making policy decisions that affect local communities as well as county and state budgets; to holding law enforcement accountable for unfair policies and practices, the Contra Costa District Attorney holds significant power and responsibility for the protection of our civil rights and freedoms.
For these reasons and more, it is critically important that our Board protect and uphold the right of the people of Contra Costa County to an inclusive and transparent process for appointment of an interim District Attorney.
In a transparent, community-first process, the Board of Supervisors should consider the following:
- Publicly post a proposed process and timeline for appointment of an interim District Attorney;
- Allow for public comment on the proposed process for appointment, consider comments, and post final process;
- Only consider applications for interim appointment from individuals who are not currently running for District Attorney of Contra Costa County in 2018;
- Solicit applications from lawyers in the community to apply for interim appointment and make submitted applications available for review by the public;
- Hold public hearings at times convenient to working people with commute schedules, to receive input about nominees and other recommendations; and
- Hold a final public hearing to vote for the interim District Attorney.
Due to the recent resignation and guilty plea by former District Attorney Mark Peterson, the people of Contra Costa County deserve transparency and fairness in the appointment of the interim District Attorney. It is incumbent upon the Board to begin to remedy the breakdown of trust between the community and government by taking the lead to ensure a fair and community-first process. We welcome the opportunity to support the efforts of our Board of Supervisors to achieve these very important goals.
Thank you,
Owned restaurants including one in Brentwood
On Friday, June 16, 2017, the Honorable Charles “Ben” Burch sentenced defendants Yu Chen, Feng Gu, and Rongdi Zheng to three years and four months of state prison each and imposed a $6.1-million-dollar restitution order, including restitution for approximately $4.5 million in unpaid minimum wage and overtime, as well as approximately $1.5 million in unpaid taxes.
The investigation began in 2013 when investigators from the Contra Costa District Attorney’s Office, California Employment Development Department (“EDD”) and the California Department of Insurance (“CDI”) conducted surveillance of several restaurants in three counties.
On January 10, 2014, investigators from all three agencies, assisted by representatives from the Department of Industrial Relations (“DIR”), Bureau of Field Enforcement, and law enforcement officers from Alameda, Contra Costa, and Placer Counties served simultaneous search warrants on nine locations, including four restaurants and several private residences. The restaurants were the Golden Dragon Buffet in Brentwood, the Golden Wok Buffet in Roseville, the Kokyo Sushi Buffet in Hayward, and the New Dragon Buffet in San Leandro.
Investigators interviewed the employees and seized business records. Many employees reported being recruited from outside the Bay Area. Once they arrived, the employer kept them in crowded housing and bussed them to work six days each week for twelve hour shifts per day. Auditors determined that the four restaurants underpaid minimum wage and filed tax returns that underreported payroll tax and sales tax.
In December of 2016, the Contra Costa County Grand Jury returned an indictment of several defendants related to the investigation. That same month, investigators from the Contra Costa District Attorney’s Office arrested Yu Chen, Rongdi Zheng, Feng Gu, Shao Rong Zhang, and Zhou Xian Chen related to the indictment.
On May 23, 2017, Defendant Shao Rong Zhang pled no contest to a misdemeanor charge of enforcing a policy on behalf of her employer that employees not report minimum wage violations, in violation of Labor Code section 1102.5. Pursuant to the negotiated disposition, Judge Burch sentenced Ms. Zhang to one hundred and twenty days in jail and probation.
Also on May 23, 2017, Defendants Yu Chen, Rongdi Zheng, and Feng Gu pled guilty to charges of conspiracy to violate the minimum wage law, payroll tax fraud, sales tax fraud, and insurance premium fraud pursuant to a negotiated disposition that provided for the judge to choose the term of imprisonment in a specified range at the sentencing hearing. Each of these three defendants were alleged to be joint owners of either the Brentwood or Roseville restaurants during some timeframe of the charged conspiracy.
On May 24, 2017, charges were dismissed against defendant Zhou Xian Chen.
On June 16, 2017, in Martinez, Judge Burch heard argument and then announced sentence.
Attorney Tomas Margain who represents two of the workers submitted a letter to the Court for sentencing calling the “the most egregious case of wage theft I have seen” in nineteen years of handling these types of cases. He continued, “I was to commend the District Attorney’s Office and the law enforcement officials who worked on this case.”
Several workers from the restaurants spoke at the sentencing hearing and submitted written statements to the Court. Worker M.T. wrote, “We were always getting yelled at and nothing we did was ever good enough for them. They lived to instill the fear in us and they succeeded because we did not know any better and we did not know who to turn to. This experience has damaged me emotionally. I will never forget it. I truly do not wish this upon anyone. I would have family and friends ask me how my ‘experience’ in the U.S. was and I could not bring myself to tell them because I was so ashamed. I lived in shame for the situation that I was in but, I know that I have to move forward and not look back anymore.”
Worker E.F. also submitted a letter, “I will never be the same. At my current job there are moments where I must get a look on my face because my coworkers ask me if I am ok, If I need to go home, . . . I tell them all that I have lived through and that there is fear that this might happen to me all over again. I want justice to be served so that this won’t happen to anyone else. This shouldn’t happen to anyone else.”
Judge Burch cited the impact that these crimes had on real people in sentencing all three defendants to three years and four months in prison.
Deputy District Attorney Jeremy L. Seymour prosecuted the case. The prosecution is a result of a multi-agency investigation effort led by the Contra Costa District Attorney’s Office that included case agents and representatives from four different state agencies including DIR, CDI, EDD, and the Board of Equalization.
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The white topped buildings show the approved expansion of the West Contra Costa Detention Facility.
Supervisors consider Grand Jury Report on East Contra Costa Fire Protection District
By Daniel Borsuk
Contra Costa County Sheriff-Coroner David Livingston exited the County Administration Building in Martinez the victor on Tuesday when county supervisors voted 4-1 to spend $25 million in general funds towards the construction of the controversial West Contra Costa County Reentry, Treatment, and Housing Facility in north Richmond. Only District 1 Supervisor John Gioia of Richmond voted no.
As the Sheriff left the building, a cluster of opponents to the project, chanted, “We Shall Overcome.”
Supervisors had agreed to spend county funds of which $15 million comes from the General Fund Reserve, $4.5 million from the Sheriff’s Plant Acquisition Account, and $2.5 million from the 2011 Local Revenue Fund upon learning the county was awarded $70 million in Senate Bill 844 Jail Construction funding from the California Board of State and Community Corrections on June 8. In addition, $3.2 million of 2011 In-Kind Match Land Value funds will be allocated for the project.
Two years ago Livingston was unsuccessful in securing SB 844 funding for the jail project when the county’s application was disqualified by the state corrections agency, but this time around the county’s application sailed through without difficulty, he told supervisors.
“It comes as no secret that I will vote no on this project,” said Gioia. “Spending $15 million of general fund money is inappropriate.”
The supervisor said this jail project has started a movement to “shift money from enforcement to prevention” in the community, a statement a number of community speakers had pleaded supervisors do numerous times over the past several months.
See the Sheriff’s presentation to the Supervisors, here: West County Detention Facility expansion presentation
Obviously, the community push to spend county public money on community health programs instead on a county jail project that would provide mental health services for inmates fell apart.
Board Chair Federal Glover of Pittsburg disagreed with Gioia, saying, “I’m always on the prevention side. This will give those in our jail a pathway. They need programs where they can get another opportunity and find necessary tools to make it in the world when they are released.”
“We need to find ways to prevent and divert people from going to jail,” said District 3 Supervisor Diane Burgis of Brentwood. “People want services, not jail cells. I understand that.”
Even then Burgis decided to spend the general fund money to construct the jail addition in north Richmond.
For five minutes District 2 Supervisor Candace Andersen of Danville read a list of community based behavioral health organizations such as the North Richmond Center for Health, West County Health Center, Bay Point Family Health Center, Pittsburg Health Center and Willow Pass Wellness Centers which all receive a piece of the $253 million in public funds that the board of supervisors spends each year.
While Andersen listed the county backed mental organizations, opponents turned their backs to her in protest.
“I want you to know I have been out in the community,” said Andersen,” I’ve talked to people on both sides of the issue. There are many people who want this project to move forward, but are not here to speak. Those of you with your signs don’t want to listen to the truth.”
District 4 Supervisor Karen Mitchoff concurred with Andersen. “I’ve been in public office 14 years,” said Mitchoff, “We have been listening. This board has been putting millions of dollars into mental health programs in our communities.”
Mitchoff also said the board of supervisors had nothing to do with the April 2015 closure of Doctor’s Medical Center in San Pablo, a topic that infrequently popped up sporadically during the public hearings. The San Pablo hospital closed in April 2015 when a parcel tax measure placed by the hospital’s owner, the nonprofit West Contra Costa Health Care District, failed to gain a two-thirds voter approval in a May 2014 ballot by mail election.
There were plenty of speakers voicing disapproval over the jail project. Sixty-five of the 70 speakers opposed the jail project. Some speakers urged supervisors to delay making a decision over concerns the supervisors were being influenced to approve the funding because Sheriff Livingston had secured the SB 844 funding from the state.
Supervisors did not elaborate, but they said they were not swayed by the Sheriff-Coroner Office to approve the local funding portion for the jail project.
Gordon Miller insisted public money should be spent on mental health programs outside the jail. “It’s like putting lipstick on a pig,” he said in reference to the planned West Contra Costa County Reentry, Treatment and Housing Facility project.
“I want to understand why four out five of supervisors are on the wrong side on this issue,” said Kaiser nurse Susie Riley. “Mental health is the civil rights issue of our time.”
But County Mental Health Commissioner Karen Cohen of Walnut Creek, a mother of a mentally ill child, called on supervisors to approve the $25 million allocation so that the county can build the 416-bed jail expansion. “Do the right thing and move the project forward,” she said.
The project will provide 416 beds of which 320 beds will be for high security prisoners and 96 beds for behavioral health inmates, Sheriff-Coroner David Livingston told supervisors. The new facility will replace 420 beds in the existing Martinez jail.
While informing supervisors his department does not conduct United States Immigration and Customs Enforcement sweeps or participate in any other ICE activities, Livingston said his department has since 1992 provided beds for ICE arrestees.
“We receive $6 million a year in revenue from the federal government for that ICE contract and I won’t walk away from that kind of money,” Livingston said.
Grand Jury Report on East Contra Costa Fire Protection District
County officials will respond to at least two recommendations and one finding the Contra Costa County Civil Grand Jury has requested the board of supervisors respond to concerning the financially troubled East Contra Costa Fire Protection District.
Supervisors accepted the report at Tuesday’s board meeting, but did not comment on the report.
After closing five of the eight fire stations under the ECCFPD’s jurisdiction in 2009, the grand jury listed nine recommendations of which the county is responsible to respond to two recommendations.
One recommendation states: “The County should consider adopting a policy to collect impact fees from all developers of residential and commercial properties to fund capital improvements that will be needed to open future stations.”
The second recommendation the county needs to respond to states, “The County should consider adopting a policy to enter into agreements with all developers to establish Community Facility Districts to provide operating revenue for ECCFFD.”
The Grand Jury also wants the county to respond to a finding, “The County does not always require developers of residential and commercial properties establish Community Facility Districts.”
Read MoreWill only affect 93 retailers in unincorporated parts of the county
By Daniel Borsuk
Expect Contra Costa County Supervisors to have on the agenda at either their July 11 or July 18 meeting an ordinance that will further prevent the sale of flavored tobacco products to customers under the age of 21 at 93 licensed tobacco retailers located in unincorporated parts of the county.
The proposed ordinance aims to increase enforcement of current state law that prohibits the sale of tobacco products especially flavored products to anyone under the age of 21. Although county officials claim three- to four percent of the 93 retailers in unincorporated Contra Costa County illegally sell flavored tobacco products to underage customers, District 1 Supervisor John Gioia of Richmond claims that figure could be as high as 10 percent.
The proposed Contra Costa County ordinance requires “identification from a person who reasonably appears to be under the age of 27 years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase the tobacco product or tobacco paraphernalia.”
The county has no plans of increasing the $287 a year retailer licensing fee should supervisors approve the ordinance, said County Public Health Director William Walker, who recommended that supervisors adopt the proposed regulation.
Should supervisors adopt the proposed ordinance next month, the county will join Yolo and Santa Clara counties and the cities of El Cerrito and Los Gatos to have passed ordinances enforcing the ban. Yolo and Santa Clara counties and Los Gatos have gone the extra mile to ban the sale of menthol flavored cigarettes that are a leading contributor to heart and lung disease related deaths, especially among African Americans.
Supervisors balked at acting on a proposed ordinance aimed to protect youth under the age of 21 from buying flavored tobacco products including e-cigarettes, vape pens, e-liquids, snuff, chewing tobacco, little cigars, cigarillos, hookah tobacco, and vapor solutions for electronic smoking mainly because they could not agree on some technical issues. Those included whether a retailer selling these products should be 500 feet or 1,000 feet from either a school, library, park, or playground.
County records show 48 of the 93 licensed tobacco retailers in unincorporated Contra Costa County are within 1,000 feet of a school, park, playground or library. Some 57 retailers are located within 500 feet of another tobacco retailer and 13 of these 57 stores are also within 1,000 feet of a school.
Saying she prefers setting a 500-foot distance, District 4 Supervisor Karen Mitchoff of Pleasant Hill said it is important for the board to draft an ordinance that supervisors can be satisfied with, so that elected officials on city councils in the county will be potentially interested in adopting similar anti-flavored tobacco product ordinances.
Supervisors heard more than 50 speakers including students, parents, and community organization leaders urge supervisors adopt the ordinance in order to protect the health of children.
“Smoking is a pediatric disease, “said Dr. Walker. “It is a leading factor for why this county spends $334 million a year in medical costs per year. Flavored tobacco products are the gateway products to being a habitual smoker.”
Ninety percent of United States smokers began to smoke on average by age 18, he said.
Walker estimates the county receives $30 million in all tobacco sales tax revenue a year, a figure that includes tax revenue from flavored tobacco product sales in the county.
Dr. Phillip Gardener of the University of California San Francisco encouraged the board to adopt the ordinance noting how menthol flavored tobacco products are a major contributing factor for a high death toll in African American community. “Menthol flavored tobacco products are starter products for our youth,” he said.
“While store employees try to keep these products out of the hands of youth, the reality of the problem is that these products do get into the hands of our youth,” said Rachel Lazarus of the Contra Costa Tolerance Prevention Coalition. “This ordinance will control this problem.”
With the prospect the tobacco industry might file a lawsuit to block the county from enacting the ordinance, Jag Sing, a board member representing 12 Contra Costa County 7-11 Stores, opposed the proposed ordinance saying “No retailer wants to sell to minors. Let’s work together.”
East Richmond Heights MAC Formed
In other action, supervisors approved the creation of the East Richmond Heights Municipal Advisory Council. The council will consist of five members and two alternates to advise District 1 Supervisor John Gioia on community issues. The MAC will cost $3,000 for administrative expenses per year.
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A copy of the Declaration of Independence.
Following is the text of the Declaration of Independence in celebration of Independence Day, July 4th, 2017:
IN CONGRESS, July 4, 1776.
The unanimous Declaration of the thirteen united States of America,
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.
We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.
The 56 signatures on the Declaration appear in the positions indicated:
Column 1
Georgia:
Button Gwinnett
Lyman Hall
George Walton
Column 2
North Carolina:
William Hooper
Joseph Hewes
John Penn
South Carolina:
Edward Rutledge
Thomas Heyward, Jr.
Thomas Lynch, Jr.
Arthur Middleton
Column 3
Massachusetts:
John Hancock
Maryland:
Samuel Chase
William Paca
Thomas Stone
Charles Carroll of Carrollton
Virginia:
George Wythe
Richard Henry Lee
Thomas Jefferson
Benjamin Harrison
Thomas Nelson, Jr.
Francis Lightfoot Lee
Carter Braxton
Column 4
Pennsylvania:
Robert Morris
Benjamin Rush
Benjamin Franklin
John Morton
George Clymer
James Smith
George Taylor
James Wilson
George Ross
Delaware:
Caesar Rodney
George Read
Thomas McKean
Column 5
New York:
William Floyd
Philip Livingston
Francis Lewis
Lewis Morris
New Jersey:
Richard Stockton
John Witherspoon
Francis Hopkinson
John Hart
Abraham Clark
Column 6
New Hampshire:
Josiah Bartlett
William Whipple
Massachusetts:
Samuel Adams
John Adams
Robert Treat Paine
Elbridge Gerry
Rhode Island:
Stephen Hopkins
William Ellery
Connecticut:
Roger Sherman
Samuel Huntington
William Williams
Oliver Wolcott
New Hampshire:
Matthew Thornton
From the website: www.archives.gov/exhibits/charters/declaration.html
Happy Independence Day from the Contra Costa Herald!
Read MoreConFire provides list of professional fireworks shows in Contra Costa County
The Contra Costa County Fire Protection District encourages people to see professional fireworks shows this holiday. Here is a list of locations:
On July 1st:
In Oakley at Freedom High School
On July 2nd:
In Pleasant Hill at the Contra Costa Country Club
On July 4th:
In Antioch at the Fairgrounds
In Pittsburg at the Marina
In Concord at Mt. Diablo High School
In Martinez at the Marina
In Pleasant Hill at College Park High School
In San Pablo at Contra Costa College
REMINDER – Except for these shows, ALL FIREWORKS ARE ILLEGAL in CONTRA COSTA COUNTY
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LEMUEL SIRVONN WILSON, Jr. Photo courtesy of DMV
Friday night, June 30, 2017, at about 10:55 pm an Infiniti sedan collided with a Dodge Durango on the Solano Avenue on-ramp to SR-4 in Concord and subsequently killed two young children and injury two others.
At 10:55pm, a silver 2004 Infiniti sedan was traveling on SR-4 westbound at an unknown rate of speed and traveling towards the Solano Avenue off-ramp. At the same time, a grey 2006 Dodge Durango was traveling on the on-ramp from Solano Avenue to SR-4 westbound, which is adjacent to the off-ramp. It is unclear why, at this time, but the driver of the silver Infiniti drove off the roadway of the off-ramp and directly towards the Durango. The front end of the Infiniti slammed into the left rear of the Durango. The collision was so severe the Durango was pushed sideways down to the edge of the on-ramp and the Infiniti was catapulted over the dividing fence and into the parking lot of Kinder’s where it came to rest just feet from the front door.
Sadly, a 10-year-old boy and five-year-old boy from the Durango were both ejected and tragically died at the scene. The three-month-old remained in its car seat but sustained major injuries and was transported to Oakland Children’s Hospital. The driver, 35-year-old mother, sustained major injuries and was transported to John Muir Hospital in Walnut Creek. This family resides in San Pablo.
Witnesses on scene said the driver of the Infiniti fled on foot across the highway and ran towards the Solano drive-in movie theater located at Arnold Industrial Place. The fleeing driver was described as a black male adult, lanky build about 5’10”-6’1″, with short black hair and wearing a gray or dirty white shirt, blue jeans and black shoes. Witnesses also said the driver sustained injuries to his head and face because of the significant amount of blood on him. And he may have additional injuries as well. The CHP along with numerous allied agencies searched the area but were unsuccessful in finding the driver.
PERSON of INTEREST: From evidence, information located at the scene, and eyewitness testimony at the scene, LEMUEL SIRVONN WILSON, Jr – DOB-6/24/1982, is the number one person of interest in this hit & run fatality collision. If you know him, know his whereabouts now, saw him at the collision scene or at the movie theater, please contact CHP – Golden Gate Division Communications Center by calling 707-551-4100. Relate that you have information for CHP – Contra Costa and Officer Odom who is handling this investigation. Thank you for any help you can provide.
Read MoreJose Canseco with a young fan during an autograph signing at Winter Chevrolet on Friday, June 23, 2017.
By Jesus Cano
America’s favorite pastime is alive and well in Eastern Contra Costa County. The Pittsburg Diamonds have played at City Park since 2014, and this week welcomed back to the Bay Area, former Major League slugger Jose Canseco, as he spent the weekend of June 23rd with the independent professional baseball team.
Canseco is best known for his tenure with the Oakland Athletics from 1982-1992, where nailed 209 homeruns and 647 RBIs. He and Athletic’s first baseman Mark McGwire formed the Bash Brothers. Along with that, he captured a World Series ring in the 1989 Battle of the Bay that was overshadowed by the infamous Loma Prieta Earthquake.
Canseco is no stranger to the city of Pittsburg, as this is his third year suiting up for the Diamonds. He states that his favorite part of being back in the East Bay is being able to be around the young players the Diamonds house.
“I try to help them out with all aspects of the game,” Canseco said. “A lot of players actually recommend coming out to Pittsburg to play so I’m really excited for this weekend.”
The Diamonds have been part of the Pacific Association of Professional Baseball Clubs since their inaugural season in 2014 when they were named the Pittsburg Mettle. In 2015 when ownership switched to hands of Khurram Shah, they commenced under the Diamonds brand paying homage to the team that played in the same area back in the 60s.
Shah wants everyone to be aware that Pittsburg is home to a minor league baseball team. Even if he brings Canseco out for a couple games, he hopes to generate life-long fans after this unique experience.
“We’re trying to build a fan base,” Shah said. “We want to see a repeat of people coming to ballpark consistently.”
Pittsburg took two out of the three game series against the Vallejo Admirals during Canseco’s weekend with the team, where the Diamonds improved to 11-9 on the season.
Shah highlights infielder Vinny Guglietti to be one of the top guys on the team. The Connecticut native is batting .420 with five homeruns and 27 RBIs. Wes Wallace is another player that makes a huge impact according to Shah as he is hitting .364 and five homeruns. Shah states Tyler Stirewalt is starting to showcase his pitching ability. Stirewalt has 1.92 ERA so far, this season.
The Diamonds’ next home game is Tuesday night, June 27 at 6:30 p.m., to begin another three-game series also against the Admirals. To learn more about the Diamonds visit www.diamondsproball.com.
Read MoreBoard seeks input; goal to fill position in September
The Contra Costa County Board of Supervisors met Friday, June 23, 2017, to determine the process for filling the vacant office of the District Attorney. When a vacancy occurs in an elective county office, the Board of Supervisors has the responsibility to appoint a successor to serve for the duration of the unexpired term. The June 14, 2017 resignation of Mark Peterson from the position of District Attorney created a vacancy that would extend until the current term of office expires on January 7, 2019. The next election for the District Attorney will take place in June of 2018, with a potential runoff election in November of 2018.
The Office of District Attorney is provided in the State Constitution. The District Attorney represents the people of the County in prosecuting all public offenses in the Superior Courts, including all felonies, misdemeanors, juvenile criminal offenses, and certain civil offenses, including high-tech crimes, environmental crimes, and many instances of fraud.
Although the Board of Supervisors has discretion in how to fill the position, there are some minimum requirements for the job. To qualify, a candidate must be at least 18 years old, a California citizen, a registered voter in Contra Costa County at the time of appointment, and admitted to practice law in the California Supreme Court. The Board of Supervisors is seeking candidates with experience in criminal law, familiarity with criminal justice issues in California, and the ability to effectively manage a County department with an annual budget of $19.5 million and more than 200 employees.
All applicants must apply online at www.cccounty.us/hr and submit the information as indicated on the job announcement no later than 5:00 p.m. on Friday, July 21, 2017. NOTE that a background investigation/fingerprint exam will be conducted on all finalists, and a permanent job offer is additionally contingent upon the successful completion of a thorough background investigation, which will include a criminal records investigation and an economic disclosure (FPPC Form 700).
The legislature does not specify a deadline for making an appointment like this, but according to the California Attorney General, the appointment should be made within a “reasonable time.” With applications due July 21, the Board of Supervisors will select finalists in early August. The Board of Supervisors will host a moderated candidate forum at 6:00 p.m. on Tuesday, August 15, 2017. Members of the public will be invited to submit questions for consideration that may be asked of the finalist candidates. The Board will interview those candidates during a public meeting on Tuesday, September 12, with the goal of making a selection in September as well.
The June 23 meeting of the Board of Supervisors is available online in the video library found on the County’s homepage at www.ContraCosta.CA.gov. It will also be replayed in its entirety on Sunday, June 25, at 6:00 p.m., Monday, June 26, at 5:00 p.m., and Thursday, June 29, at 6:00 p.m. on Contra Costa Television (CCTV.) CCTV can be viewed on Comcast Channel 27, Wave Channel 32, and AT&T U-Verse on Channel 99.
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Following is a letter from six groups in the county to the members of the Board of Supervisors:
Dear Chairman Glover and Supervisors Andersen, Burgis, Gioia and Mitchoff,
Our community was shocked and angered last week to hear that former District Attorney Mark Peterson pled guilty to felony charges related to the illegal use of campaign funds, leading to his resignation. This unethical and dangerous abuse of power by the elected District Attorney is deeply concerning to us and we write today in the spirit of working to rebuild trust between local government in Contra Costa, including law enforcement and the District Attorney’s office, and the community they are meant to serve.
We believe a critical first step to rebuilding trust is for the Contra Costa Board of Supervisors to engage in a fully transparent and community-centered process for appointing an interim District Attorney.
On behalf of Contra Costa County voters, we urge our Board to commit to a transparent, community-first process in making its selection of an interim District Attorney. In addition, we believe it is important for the Board to only consider applicants who have not filed to run in the June 2018 primary.
The District Attorney is one of the most powerful elected officials in county government and is the most powerful actor in our criminal justice system. The decisions made by the District Attorney impact every county resident, not just those who are directly involved in the criminal justice system. From determining when and what charges to file in individual cases; to making policy decisions that affect local communities as well as county and state budgets; to holding law enforcement accountable for unfair policies and practices, the Contra Costa District Attorney holds significant power and responsibility for the protection of our civil rights and freedoms.
For these reasons and more, it is critically important that our Board protect and uphold the right of the people of Contra Costa County to an inclusive and transparent process for appointment of an interim District Attorney.
In a transparent, community-first process, the Board of Supervisors should consider the following:
- Publicly post a proposed process and timeline for appointment of an interim District Attorney;
- Allow for public comment on the proposed process for appointment, consider comments, and post final process;
- Only consider applications for interim appointment from individuals who are not currently running for District Attorney of Contra Costa County in 2018;
- Solicit applications from lawyers in the community to apply for interim appointment and make submitted applications available for review by the public;
- Hold public hearings at times convenient to working people with commute schedules, to receive input about nominees and other recommendations; and
- Hold a final public hearing to vote for the interim District Attorney.
Due to the recent resignation and guilty plea by former District Attorney Mark Peterson, the people of Contra Costa County deserve transparency and fairness in the appointment of the interim District Attorney. It is incumbent upon the Board to begin to remedy the breakdown of trust between the community and government by taking the lead to ensure a fair and community-first process. We welcome the opportunity to support the efforts of our Board of Supervisors to achieve these very important goals.
Thank you,
Owned restaurants including one in Brentwood
On Friday, June 16, 2017, the Honorable Charles “Ben” Burch sentenced defendants Yu Chen, Feng Gu, and Rongdi Zheng to three years and four months of state prison each and imposed a $6.1-million-dollar restitution order, including restitution for approximately $4.5 million in unpaid minimum wage and overtime, as well as approximately $1.5 million in unpaid taxes.
The investigation began in 2013 when investigators from the Contra Costa District Attorney’s Office, California Employment Development Department (“EDD”) and the California Department of Insurance (“CDI”) conducted surveillance of several restaurants in three counties.
On January 10, 2014, investigators from all three agencies, assisted by representatives from the Department of Industrial Relations (“DIR”), Bureau of Field Enforcement, and law enforcement officers from Alameda, Contra Costa, and Placer Counties served simultaneous search warrants on nine locations, including four restaurants and several private residences. The restaurants were the Golden Dragon Buffet in Brentwood, the Golden Wok Buffet in Roseville, the Kokyo Sushi Buffet in Hayward, and the New Dragon Buffet in San Leandro.
Investigators interviewed the employees and seized business records. Many employees reported being recruited from outside the Bay Area. Once they arrived, the employer kept them in crowded housing and bussed them to work six days each week for twelve hour shifts per day. Auditors determined that the four restaurants underpaid minimum wage and filed tax returns that underreported payroll tax and sales tax.
In December of 2016, the Contra Costa County Grand Jury returned an indictment of several defendants related to the investigation. That same month, investigators from the Contra Costa District Attorney’s Office arrested Yu Chen, Rongdi Zheng, Feng Gu, Shao Rong Zhang, and Zhou Xian Chen related to the indictment.
On May 23, 2017, Defendant Shao Rong Zhang pled no contest to a misdemeanor charge of enforcing a policy on behalf of her employer that employees not report minimum wage violations, in violation of Labor Code section 1102.5. Pursuant to the negotiated disposition, Judge Burch sentenced Ms. Zhang to one hundred and twenty days in jail and probation.
Also on May 23, 2017, Defendants Yu Chen, Rongdi Zheng, and Feng Gu pled guilty to charges of conspiracy to violate the minimum wage law, payroll tax fraud, sales tax fraud, and insurance premium fraud pursuant to a negotiated disposition that provided for the judge to choose the term of imprisonment in a specified range at the sentencing hearing. Each of these three defendants were alleged to be joint owners of either the Brentwood or Roseville restaurants during some timeframe of the charged conspiracy.
On May 24, 2017, charges were dismissed against defendant Zhou Xian Chen.
On June 16, 2017, in Martinez, Judge Burch heard argument and then announced sentence.
Attorney Tomas Margain who represents two of the workers submitted a letter to the Court for sentencing calling the “the most egregious case of wage theft I have seen” in nineteen years of handling these types of cases. He continued, “I was to commend the District Attorney’s Office and the law enforcement officials who worked on this case.”
Several workers from the restaurants spoke at the sentencing hearing and submitted written statements to the Court. Worker M.T. wrote, “We were always getting yelled at and nothing we did was ever good enough for them. They lived to instill the fear in us and they succeeded because we did not know any better and we did not know who to turn to. This experience has damaged me emotionally. I will never forget it. I truly do not wish this upon anyone. I would have family and friends ask me how my ‘experience’ in the U.S. was and I could not bring myself to tell them because I was so ashamed. I lived in shame for the situation that I was in but, I know that I have to move forward and not look back anymore.”
Worker E.F. also submitted a letter, “I will never be the same. At my current job there are moments where I must get a look on my face because my coworkers ask me if I am ok, If I need to go home, . . . I tell them all that I have lived through and that there is fear that this might happen to me all over again. I want justice to be served so that this won’t happen to anyone else. This shouldn’t happen to anyone else.”
Judge Burch cited the impact that these crimes had on real people in sentencing all three defendants to three years and four months in prison.
Deputy District Attorney Jeremy L. Seymour prosecuted the case. The prosecution is a result of a multi-agency investigation effort led by the Contra Costa District Attorney’s Office that included case agents and representatives from four different state agencies including DIR, CDI, EDD, and the Board of Equalization.
Read MoreThe white topped buildings show the approved expansion of the West Contra Costa Detention Facility.
Supervisors consider Grand Jury Report on East Contra Costa Fire Protection District
By Daniel Borsuk
Contra Costa County Sheriff-Coroner David Livingston exited the County Administration Building in Martinez the victor on Tuesday when county supervisors voted 4-1 to spend $25 million in general funds towards the construction of the controversial West Contra Costa County Reentry, Treatment, and Housing Facility in north Richmond. Only District 1 Supervisor John Gioia of Richmond voted no.
As the Sheriff left the building, a cluster of opponents to the project, chanted, “We Shall Overcome.”
Supervisors had agreed to spend county funds of which $15 million comes from the General Fund Reserve, $4.5 million from the Sheriff’s Plant Acquisition Account, and $2.5 million from the 2011 Local Revenue Fund upon learning the county was awarded $70 million in Senate Bill 844 Jail Construction funding from the California Board of State and Community Corrections on June 8. In addition, $3.2 million of 2011 In-Kind Match Land Value funds will be allocated for the project.
Two years ago Livingston was unsuccessful in securing SB 844 funding for the jail project when the county’s application was disqualified by the state corrections agency, but this time around the county’s application sailed through without difficulty, he told supervisors.
“It comes as no secret that I will vote no on this project,” said Gioia. “Spending $15 million of general fund money is inappropriate.”
The supervisor said this jail project has started a movement to “shift money from enforcement to prevention” in the community, a statement a number of community speakers had pleaded supervisors do numerous times over the past several months.
See the Sheriff’s presentation to the Supervisors, here: West County Detention Facility expansion presentation
Obviously, the community push to spend county public money on community health programs instead on a county jail project that would provide mental health services for inmates fell apart.
Board Chair Federal Glover of Pittsburg disagreed with Gioia, saying, “I’m always on the prevention side. This will give those in our jail a pathway. They need programs where they can get another opportunity and find necessary tools to make it in the world when they are released.”
“We need to find ways to prevent and divert people from going to jail,” said District 3 Supervisor Diane Burgis of Brentwood. “People want services, not jail cells. I understand that.”
Even then Burgis decided to spend the general fund money to construct the jail addition in north Richmond.
For five minutes District 2 Supervisor Candace Andersen of Danville read a list of community based behavioral health organizations such as the North Richmond Center for Health, West County Health Center, Bay Point Family Health Center, Pittsburg Health Center and Willow Pass Wellness Centers which all receive a piece of the $253 million in public funds that the board of supervisors spends each year.
While Andersen listed the county backed mental organizations, opponents turned their backs to her in protest.
“I want you to know I have been out in the community,” said Andersen,” I’ve talked to people on both sides of the issue. There are many people who want this project to move forward, but are not here to speak. Those of you with your signs don’t want to listen to the truth.”
District 4 Supervisor Karen Mitchoff concurred with Andersen. “I’ve been in public office 14 years,” said Mitchoff, “We have been listening. This board has been putting millions of dollars into mental health programs in our communities.”
Mitchoff also said the board of supervisors had nothing to do with the April 2015 closure of Doctor’s Medical Center in San Pablo, a topic that infrequently popped up sporadically during the public hearings. The San Pablo hospital closed in April 2015 when a parcel tax measure placed by the hospital’s owner, the nonprofit West Contra Costa Health Care District, failed to gain a two-thirds voter approval in a May 2014 ballot by mail election.
There were plenty of speakers voicing disapproval over the jail project. Sixty-five of the 70 speakers opposed the jail project. Some speakers urged supervisors to delay making a decision over concerns the supervisors were being influenced to approve the funding because Sheriff Livingston had secured the SB 844 funding from the state.
Supervisors did not elaborate, but they said they were not swayed by the Sheriff-Coroner Office to approve the local funding portion for the jail project.
Gordon Miller insisted public money should be spent on mental health programs outside the jail. “It’s like putting lipstick on a pig,” he said in reference to the planned West Contra Costa County Reentry, Treatment and Housing Facility project.
“I want to understand why four out five of supervisors are on the wrong side on this issue,” said Kaiser nurse Susie Riley. “Mental health is the civil rights issue of our time.”
But County Mental Health Commissioner Karen Cohen of Walnut Creek, a mother of a mentally ill child, called on supervisors to approve the $25 million allocation so that the county can build the 416-bed jail expansion. “Do the right thing and move the project forward,” she said.
The project will provide 416 beds of which 320 beds will be for high security prisoners and 96 beds for behavioral health inmates, Sheriff-Coroner David Livingston told supervisors. The new facility will replace 420 beds in the existing Martinez jail.
While informing supervisors his department does not conduct United States Immigration and Customs Enforcement sweeps or participate in any other ICE activities, Livingston said his department has since 1992 provided beds for ICE arrestees.
“We receive $6 million a year in revenue from the federal government for that ICE contract and I won’t walk away from that kind of money,” Livingston said.
Grand Jury Report on East Contra Costa Fire Protection District
County officials will respond to at least two recommendations and one finding the Contra Costa County Civil Grand Jury has requested the board of supervisors respond to concerning the financially troubled East Contra Costa Fire Protection District.
Supervisors accepted the report at Tuesday’s board meeting, but did not comment on the report.
After closing five of the eight fire stations under the ECCFPD’s jurisdiction in 2009, the grand jury listed nine recommendations of which the county is responsible to respond to two recommendations.
One recommendation states: “The County should consider adopting a policy to collect impact fees from all developers of residential and commercial properties to fund capital improvements that will be needed to open future stations.”
The second recommendation the county needs to respond to states, “The County should consider adopting a policy to enter into agreements with all developers to establish Community Facility Districts to provide operating revenue for ECCFFD.”
The Grand Jury also wants the county to respond to a finding, “The County does not always require developers of residential and commercial properties establish Community Facility Districts.”
Read MoreWill only affect 93 retailers in unincorporated parts of the county
By Daniel Borsuk
Expect Contra Costa County Supervisors to have on the agenda at either their July 11 or July 18 meeting an ordinance that will further prevent the sale of flavored tobacco products to customers under the age of 21 at 93 licensed tobacco retailers located in unincorporated parts of the county.
The proposed ordinance aims to increase enforcement of current state law that prohibits the sale of tobacco products especially flavored products to anyone under the age of 21. Although county officials claim three- to four percent of the 93 retailers in unincorporated Contra Costa County illegally sell flavored tobacco products to underage customers, District 1 Supervisor John Gioia of Richmond claims that figure could be as high as 10 percent.
The proposed Contra Costa County ordinance requires “identification from a person who reasonably appears to be under the age of 27 years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase the tobacco product or tobacco paraphernalia.”
The county has no plans of increasing the $287 a year retailer licensing fee should supervisors approve the ordinance, said County Public Health Director William Walker, who recommended that supervisors adopt the proposed regulation.
Should supervisors adopt the proposed ordinance next month, the county will join Yolo and Santa Clara counties and the cities of El Cerrito and Los Gatos to have passed ordinances enforcing the ban. Yolo and Santa Clara counties and Los Gatos have gone the extra mile to ban the sale of menthol flavored cigarettes that are a leading contributor to heart and lung disease related deaths, especially among African Americans.
Supervisors balked at acting on a proposed ordinance aimed to protect youth under the age of 21 from buying flavored tobacco products including e-cigarettes, vape pens, e-liquids, snuff, chewing tobacco, little cigars, cigarillos, hookah tobacco, and vapor solutions for electronic smoking mainly because they could not agree on some technical issues. Those included whether a retailer selling these products should be 500 feet or 1,000 feet from either a school, library, park, or playground.
County records show 48 of the 93 licensed tobacco retailers in unincorporated Contra Costa County are within 1,000 feet of a school, park, playground or library. Some 57 retailers are located within 500 feet of another tobacco retailer and 13 of these 57 stores are also within 1,000 feet of a school.
Saying she prefers setting a 500-foot distance, District 4 Supervisor Karen Mitchoff of Pleasant Hill said it is important for the board to draft an ordinance that supervisors can be satisfied with, so that elected officials on city councils in the county will be potentially interested in adopting similar anti-flavored tobacco product ordinances.
Supervisors heard more than 50 speakers including students, parents, and community organization leaders urge supervisors adopt the ordinance in order to protect the health of children.
“Smoking is a pediatric disease, “said Dr. Walker. “It is a leading factor for why this county spends $334 million a year in medical costs per year. Flavored tobacco products are the gateway products to being a habitual smoker.”
Ninety percent of United States smokers began to smoke on average by age 18, he said.
Walker estimates the county receives $30 million in all tobacco sales tax revenue a year, a figure that includes tax revenue from flavored tobacco product sales in the county.
Dr. Phillip Gardener of the University of California San Francisco encouraged the board to adopt the ordinance noting how menthol flavored tobacco products are a major contributing factor for a high death toll in African American community. “Menthol flavored tobacco products are starter products for our youth,” he said.
“While store employees try to keep these products out of the hands of youth, the reality of the problem is that these products do get into the hands of our youth,” said Rachel Lazarus of the Contra Costa Tolerance Prevention Coalition. “This ordinance will control this problem.”
With the prospect the tobacco industry might file a lawsuit to block the county from enacting the ordinance, Jag Sing, a board member representing 12 Contra Costa County 7-11 Stores, opposed the proposed ordinance saying “No retailer wants to sell to minors. Let’s work together.”
East Richmond Heights MAC Formed
In other action, supervisors approved the creation of the East Richmond Heights Municipal Advisory Council. The council will consist of five members and two alternates to advise District 1 Supervisor John Gioia on community issues. The MAC will cost $3,000 for administrative expenses per year.
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