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In spite of public opposition Supervisors approve COVID-19 violation ordinance, fines

July 29, 2020 By Publisher Leave a Comment

“You are not being inconvenienced that much.” – Supervisor Karen Mitchoff

  • Half-Cent Sales Tax Ballot Measure Plans Hung Up in Sacramento

  • Sheriff Continues Cooperation with ICE

By Daniel Borsuk

Over citizen objections, the Contra Costa County Board of Supervisors voted 5-0, Tuesday to approve fines for non-commercial and commercial public health violations in connection with the COVID-19 pandemic.

The new ordinance that goes into effect immediately requires citizens to wear face masks in the public and in commercial settings or one can be subject to a fine, or multiple fines.

Contra Costa County Health Services Director Anna Roth told supervisors the county needs an ordinance setting down fines because as of Tuesday the county’s COVID-19 caseload is still rising with 7,304 cases. In the county there have been 108 COVID-19 related deaths, she reported, of which 70 percent occurred in long term care facilities. County health officials have observed a sharp rise in COVID-19 cases since May. Roth pointed out the county is on the state’s COVID-19 Monitoring List.

Deputy County Health Director Randy Sawyer explained there is an “urgent need” for county supervisors to adopt an ordinance establishing fees so that county health enforcement officers can enforce public health orders especially during the current pandemic.  Citizens are not wearing masks and are not practicing social distancing, Sawyer said.

Sawyer said there are about 200 businesses that the county has ongoing public health complaint issues with the department.

Similar ordinances have recently been adopted in Marin and Napa counties, and the Contra Costa County ordinance requires persons to wear masks when engaged in noncommercial and commercial activities.  In Contra Costa, for the first noncommercial violation the fine is $100, $200 for the second violation and $500 for each additional violation within one year of the initial violation.

For commercial activity violations, the fine for the first violation is $250, $500 for a second violation, and $1,000 for each additional violation within one year of the initial violation. “If a violation continues to more than one day, each day is a separate violation,” the ordinance states.

Public Opposition to Mask Ordinance & Fines

Speakers opposing the ordinance said requiring persons to wear masks violates their Constitutional rights. “I oppose this ordinance because it violates our liberties, “said Dave Sutton. “It restricts our liberties.”

Similarly, Deborah Thompson said, “I oppose the ordinance because it is an abridgement of our liberties.”

Comments like those sparked District One Supervisor John Gioia of Richmond to say, “I am shocked by the lack of literacy and scant knowledge that people have.”

The supervisor said some people don’t understand that this virus is causing a public health crisis where this county “may soon run out of ICU beds and two thirds of the people who have died in the county lived in congregant living facilities.”

“We are out to get these numbers down,” Supervisor Karen Mitchoff of Pleasant Hill said in reference to the rising number of COVID-19 cases in the county. “A health order will do that. You are not being inconvenienced that much.”

Mitchoff, who noted Contra Costa County’s fines are less than other Bay Area county fines, said  the new ordinance will mean persons will now be required to wear a mask when they out of their house, even when they go to the fast-food drive thru. “If you don’t want to wear a mask then get used to wearing a ventilator,” the supervisor warned.

Richmond resident Edith Alderman supported the ordinance commenting,” I’m 100 percent in favor of the ordinance.  This can help get a handle on this disease.”

Speaking on behalf of the board, Chair Candace Andersen of Danville said “Many people are following the Health Order, but we need to increase our efforts together to slow the spread of COVID-19 in our community. To further our progress, to protect lives and reopen more local businesses and activities, we need a tool to send a fair message that everyone has to adhere to health orders to prevent the spread of the virus.”

“With a 14 percent unemployment rate, this is not the time for a sales tax hike”

– Board Chair Candace Andersen

Half-Cent Sales Tax Ballot Measure Plans Hung Up in Sacramento

With the legislative clock ticking in Sacramento, the supervisors plan to meet at a special teleconferenced meeting next Tuesday in order to get a status report to waive the second reading on the supervisors’ resolution calling for a Nov. 3 half cent sales tax ballot proposal.

The special meeting was called because state legislators have not convened to act on proposed legislation, especially Contra Costa County State Senator Steve Glazer’s Senate Bill 1349, a transactions and use tax law, that the supervisors need the state Legislature to pass and Governor Gavin Newsom to sign by August 18 or the supervisors’ half cent sales proposal will not appear on the November ballot.

Deputy County Administrator Tim Ewell explained without passage of SB 1349, the county will  lose $800,000 to $1 million in state revenue to cover printing costs tied to the ballot measure, but the clock is ticking and the supervisors need to have SB 1349 passed in the legislature and signed by the governor by August 18.

“I want those funds,” said supervisor Mitchoff, “but it will only move forward if the legislature acts.”

Supervisors voted 4-1, with Chair Candace Andersen of Danville casting the lone opposing vote, to move forward to meet next Tuesday.

“I will not support it” said Andersen, who also opposed the tax increase proposal at the board’s July 14 meeting.  “With a 14 percent unemployment rate, this is not the time for a sales tax hike with such high unemployment rate.”

One of the few speakers opposing the proposal Tom Townsend of El Cerrito, said, “I am taxed to the limit and I oppose the half cent sales tax.”

“I am unsure if this ballot measure will pass,” warned District 3 Supervisor Mitchoff, but she voted in favor of it anyway.

Tax proponent Supervisor Gioia said a county resident would typically pay $60 to $80 a year should the tax measure pass in November.

The proposed language for the county tax measure reads:

“To keep Contra Costa’s regional hospital open and staffed; fund community health centers; provide timely fire and emergency response; support crucial safety-net services; invest in early childhood services, shall the Contra Costa County measure levying a ½ cent sales tax, exempting food sales, providing an estimated $81,000,000 annually for 20 years that the state cannot take, requiring fiscal accountability, with funds benefitting county residents, be adopted?”

Sheriff Continues Cooperation With ICE

Sheriff David Livingston ran into criticism from the public about how the Sheriff’s Office works with the United States Immigration and Customs Enforcement (ICE) but is not expected to change his policies.

“The Sheriff continues to respond to ICE notification requests,” said Melanie Kim, a staff attorney for Advance Justice – Asian Law Caucus. “These practices are especially cruel given that COVID-19 is running rampant inside ICE facilities.  People in ICE custody are vulnerable to grave illness or death.”

The sheriff told supervisors that because of the COVID-19 hygiene practices that his officers and the inmates use at the West Contra Costa facility in Richmond and Martinez jail, there have been no reported COVID-19 cases.

The sheriff reported that in the past year his office detained for ICE enforcement purposes, 72 were Hispanic prisoners, 18 were Asian prisoners, one was a Black prisoner, three were white prisoners, and two “other” prisoners.

Sheriff Livingston said of the 95 prisoners reported to ICE, 71 were charged for miscellaneous felonies, four for penal or murder, five for robbery, two for car jackings, and for 11 for assaults with deadly weapons.

While there were a number of critics of the Sheriff’s Office asking that the Board of Supervisors to reduce funding for the upcoming 2020-2021 fiscal year, Karen Clarkson was one of few backers of Sheriff Livingston’s department requesting that funding remain unchanged. “I support the Sheriff,” she said. “It is an unsafe practice to defund the Sheriff.”

“This county should be safe for everyone, whether they are documented or undocumented,” said Anisha Walker, who requested that supervisors cut funds to the Sheriff’s Office.

“I have no sympathy for those who break the law and are violent criminals, “said Supervisor Mitchoff. “I support the sheriff. And I support social justice and equality at a time we are in a COVID -19 pandemic.”

Filed Under: Crime, Health, News, Sheriff, Supervisors, Taxes

Boy on bike struck by delivery vehicle in fatal Lafayette collision Wednesday

July 28, 2020 By Publisher Leave a Comment

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

This afternoon at about 12:48 PM, the Lafayette Police Department was advised of a collision between a pedestrian and vehicle on the 500 block of Merriewood Drive in Lafayette. Officers arrived on scene and immediately began rendering medical aid to the juvenile victim. The 10-year-old boy was transported to a local hospital where he was later pronounced deceased. He is not being identified at this time.

The investigation into this collision which apparently involved the boy who was on a bicycle and a delivery vehicle is ongoing. The driver of the vehicle has been cooperating with police and has been interviewed.

The Lafayette Police Department is asking anyone with information on this collision to contact detectives at (925) 283-3680 or (925) 299-3234 or email Sergeant Rossberg at tross@so.cccounty.us. Tips could also be emailed to the Lafayette Police Department at: 94549TIP@gmail.com.

Filed Under: Lamorinda, News, Police

Contra Costa Supervisors approve fines of up to $500 and $1,000 for health order violations

July 28, 2020 By Publisher 1 Comment

Non-commercial activities: $100, $200 and $500 fines

Commercial activities: $250, $500 and $1,000 fines.

If a violation continues for more than one day, each day is a separate violation. 

By Susan Shiu, Director, Office of Communications and Media, Contra Costa County

(Martinez, CA) – On July 28, 2020, the Contra Costa County Board of Supervisors used its emergency powers under state law to pass Urgency Ordinance No. 2020-21 that establishes administrative fines for violations of public health orders pertaining to the COVID-19 pandemic.

The Board unanimously determined the ordinance, effective immediately, is necessary to provide an alternative to criminal enforcement of public health orders that will augment the ability of the County and other local agencies to ensure compliance with public health orders and combat the spread of COVID-19.

“Many people are following the Health Orders, but we need to increase our efforts together to slow the spread of COVID-19 in our community,” said Board Chair, Supervisor Candace Andersen. “To further our progress to protect lives and reopen more local businesses and activities, we need a tool to send a fair message that everyone has to adhere to health orders to prevent the spread of the virus.”

For health order violations involving non-commercial activities, the amount of the fine is $100 for a first violation, $200 for a second violation, and $500 for each additional violation within one year of the initial violation. For violations involving commercial activity, the amount of the fine is $250 for a first violation, $500 for a second violation, and $1,000 for each additional violation within one year of the initial violation. If a violation continues for more than one day, each day is a separate violation.

Throughout this pandemic, Contra Costa leaders and law enforcement have encouraged “educational enforcement” before issuing penalties. Before issuing a Notice of Fine, an enforcement officer can first issue a Notice of Violation, which gives a person or business up to two days to correct a violation. In cases where the enforcement officer determines that issuing a Notice of Violation is unnecessary or ineffective, the enforcement officer can immediately issue a Notice of Fine.

Because Public Health Officer orders apply countywide, this ordinance also applies countywide under Government Code section 8634. The ordinance may be enforced in cities and special districts by officials designated by those agencies to enforce the ordinance.

For more information, read Ordinance No. 2020-21 (PDF) available on the County website.

Filed Under: Crime, Health, News, Supervisors

Point Richmond contractor pleads guilty to 6 felonies in Workers’ Comp, payroll tax fraud case

July 28, 2020 By Publisher 2 Comments

Owner of Viking Pavers, Inc. must pay over $2.2 million

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

Martinez, Calif. – Yesterday, Maurosan Milhomem pleaded no contest to six felonies related to his complex fraud schemes of insurance premium fraud and payroll tax fraud. He also admitted a white collar crime enhancement that he caused the loss of more than $500,000. Milhomem is the owner of Viking Pavers, Inc., a construction company based out of Point Richmond, California. The successful resolution to this criminal case was a result of a joint investigation by the Fraud Division of the California Department of Insurance, Criminal Investigation Division of the Employment Development Department, and the DA’s Office.

“This investigation demonstrated a strong working relationship with our partners that resulted in a successful prosecution in this case. We need to ensure employers follow state law and protect their employees. The defendant explicitly ran fraudulent schemes to avoid paying taxes and ultimately jeopardizing the health and safety of his workers,” stated Contra Costa County District Attorney Diana Becton.

The Contractors’ State Licensing Board and Department of Industrial Relations previously issued Viking Pavers, Inc. civil citations in 2017. Investigators from the Board and Marin County District Attorney’s Office discovered a subcontractor work crew operating for the company without a license and without worker compensation insurance under the name FF Services during a random job site inspection. The Business and Professions Code does not permit construction companies to subcontract construction work unless the crews have their own license. This is because licensed subcontractors are required to have their own bond and workers compensation insurance to protect homeowners and employees.

The District Attorney’s Office learned of the fraud after employees of Viking Pavers were involved in a vehicle accident. The employees were never reported during premium audits as employees or subcontractors. These audits help confirm if an employer is following the law and ensure the appropriate classifications for their employees and subcontractors.

The investigation by the Contra Costa County District Attorney’s Office revealed that Viking Pavers continued to use FF Services as an unlicensed subcontractor after the civil citations and throughout 2018. The company re-routed the payments off the books to avoid detection during required audits. Forensic accountants traced payments to FF Services and other unlicensed and uninsured work crews, initially through a check cashing service in Richmond, California, and then through the bank accounts of a newly created a shell company. A subsequent search warrant at the business resulted in the seizure of over $80,000 in cash.

Milhomem’s guilty plea was accepted by the Honorable Laurel Brady in Department 31. The defendant will serve 364 days in county jail and is eligible to serve the sentence through electronic home detention. In addition, the defendant will serve five years of formal probation. He is ordered to pay $1,109,603 to Markel Corporation for the underpayment of workers’ compensation insurance premium, $808,455.34 to the Employment Development Department for the underpayment of tax liability and $312,000 to Berkshire Hathaway for the underpayment of workers’ compensation insurance premium. The Court ordered the seized cash forfeited as criminal restitution pursuant to the plea agreement.

Insurance premium fraud by employers is unfair to workers, who may see questions about their employment status result in delayed or even denied coverage after an injury. Such fraud is also unfair to law-abiding competitors who cannot compete as they pay the legally required costs to provide coverage for their own workers. A forensic audit estimated that Viking Pavers evaded over $2 million dollars of insurance premiums and taxes that a law-abiding competitor would have had to pay over the same seven-year period.

The District Attorney’s Office reminds employers, particularly in the construction industry, that lying to an insurance carrier, either on the application for a policy or during payroll reporting and audit is insurance fraud punishable by up to five years state prison and an additional fine of up double the amount of the fraud.

The case was prosecuted by Deputy District Attorneys Jeremy Seymour and Michael Panikowski. Anyone with information about possible insurance fraud can report it to the District Attorney’s Office via email at DA-ReportFraud@contracostada.org.

Case information: People v. Maurosan Milhomem Docket Number 01-193357-1

Filed Under: Crime, District Attorney, News, West County

Writer responds – Schools and Communities First: Prop 15

July 28, 2020 By Publisher Leave a Comment

Dear Editor:

This is in response to the recent Op/Ed from Dronenburg and Coupal.

Most of us want similar things: good schools for our children, a healthy family, and safe neighborhoods. But for more than four decades, big corporations have not been paying their fair share, leaving California’s school funding falling behind. California now has the most overcrowded classrooms in the U.S. and some of the worst ratios of counselors, librarians, and nurses per student. This has taken an enormous toll.

Schools & Communities First is not an effort to undo Prop 13- it is simply an effort to ensure that our schools and communities come first – with the resources to educate all of our kids and the services to support all of our families.

It accomplishes this by closing commercial property tax loopholes only- not residences, not agriculture and not small businesses. In fact, it will impact only a small fraction of large corporations.
SCF will reclaim $12 billion every year to fund world-class schools and strengthen local economies to lift up all Californians

It’s time to invest in California again- we cannot afford to wait.

Janet Hoy

Walnut Creek

Filed Under: Education, Letters to the Editor, Opinion, Politics & Elections, Taxes

ECCFPD Fire Chief Brian Helmick is going Facebook Live beginning Monday night

July 27, 2020 By Publisher Leave a Comment

ECCFPD Fire Chief Brian Helmick. Screenshot of YouTube video.

By Steve Aubert, Fire Marshal/PIO, ECCFPD

Brentwood, CA — East Contra Costa Fire Protection District (ECCFPD), the local fire agency serving Brentwood and Oakley Discovery Bay, Bethel Island, Knightsen, Byron, Marsh Creek, and Morgan Territory. Fire season is well underway with multiple fires occurring within the District since June. Join Fire Chief Brian Helmick for our first Facebook Live event sharing key videos from our “We Are Listening” initiative and offering a question and answer session.

Our first event is scheduled for July 27, 2020 beginning at 6:00 P.M. Please login into Facebook.com/EastContraCostaFireProtectionDistrict for this great opportunity directly with the Chief.

Future events scheduled for August 3, 10, 18, 25 and September 14.

Learn more at www.eccfpd.org.

ABOUT THE EAST CONTRA COSTA FIRE PROTECTION DISTRICT:

The East Contra Costa Fire Protection District (ECCFPD) is a rural-funded fire district that currently operates 3 fire stations and has a 3-station deficit. The District protects a population of more than 128,000 across its 249 square-mile service area. ECCFPD provides firefighting personnel, emergency medical services (basic life support) and fire prevention to the residents and businesses of the cities of Brentwood and Oakley, and unincorporated communities of Discovery Bay, Bethel Island, Knightsen, Byron, Marsh Creek, and Morgan Territory. Learn more at www.eccfpd.org or social media via Facebook (East Contra Costa Fire Protection District), Instagram(@east_contra_costa_fire), Twitter (@ECCFPD ) or our YouTube channel (East Contra Costa Fire Protection District).

Filed Under: East County, Fire

OP-ED: Prop. 13 is working, reject Prop. 15’s $12 billion annual tax increase

July 25, 2020 By Publisher 1 Comment

By Jon Coupal and Ernest Dronenburg

Come November, Proposition 13 faces its biggest political battle at the ballot box. It is instructive to ask whether that iconic tax affordability measure remains good tax policy for California.

As the just-released property tax assessments rolls from several California counties reveal, Proposition 13 is working exceedingly well at keeping homeowners and small business owners from losing their properties to skyrocketing property taxes, while delivering government a reliable source of revenue. Voters would be foolish to repeal one of its major protections this November.

Take San Diego County, for example. The assessed value of all taxable property increased to a record high $604.75 billion, more than a five percent increase over last year. Because the state-set “lien date” is January 1st, any potential impact from COVID-19 won’t show up in this year’s numbers. Nonetheless, there is little to suggest that the county will see any major downturn in the real estate market, notwithstanding the pandemic.

San Diego’s experience with Proposition 13, as with most California counties, should lay to rest the notion that Proposition 13 has starved local government of revenue. Since 1978, increases in property tax revenue for local governments have far exceeded population and inflation. And while California now has the highest income tax rate, gas tax and sales tax rate in America, we remain in the top third (17th out of 50) in per capita property tax revenue. In short, we are not a low property tax state.

Hardly an outlier, San Diego County’s benefits from Prop. 13 are evident in the other counties that just reported their assessment rolls. These eleven counties all enjoyed big increases in taxable value that produced more revenue for schools and governments, including Fresno (up 5.5 percent), Marin (4.5 percent) and Orange (4.72 percent).

So how is it possible that, over the course of 41 years of history, Prop. 13 continues to work so well? Prop. 13 is an implicit contract with government that says property owners agree to pay a maximum property tax rate of 1 percent for as long as they own the property and agree to an annual increase of that taxable value up to 2 percent. When the property changes owners, it is reassessed at the market value and the new owner gets the benefit of a transparent and predictable tax they can afford. Prior to Prop. 13, every year was a guessing game as to whether you could afford your property taxes.

But now, far-left progressives and tax-hungry public sector labor interests want to strip away that protection from business and industrial properties in order to seize what they believe to be between $6 billion to $12 billion annually in taxes. Even their estimate of revenue has huge volatility.

Their Proposition 15 proposal on the November ballot would require continuous reassessment of business properties by removing the two percent cap on annual increases.

There are many reasons to reject Prop. 15. But as the 58 counties release their assessment rolls, it’s more evident than ever that Prop. 13 has delivered affordability for property owners and a stable and growing revenue source for schools and local governments. We shouldn’t abandon a system that’s working.

We should reject Proposition 15 in November. It’s obvious that it will have a negative impact on revenue stability for our schools and on stability for taxpayers. We will see businesses closing not because of the pandemic, but because they cannot afford to pay their property taxes.

Jon Coupal is the president of the Howard Jarvis Taxpayers Association and Ernest J. Dronenburg, Jr. is the elected San Diego County Assessor/Recorder/Clerk and former 20-year member of the California Board of Equalization and Chairman of its Property Tax Committee.

 

Filed Under: News

Bay Point man charged and detained for distributing child pornography

July 22, 2020 By Publisher Leave a Comment

Images and videos of victims as young as 4 years old

OAKLAND – Sergio Luiz Cruz Esparza was charged with distribution of child pornography in a criminal complaint, announced United States Attorney David L. Anderson and Homeland Security Investigations Special Agent in Charge Tatum King. Cruz Esparza appeared in federal court yesterday, Tuesday, July 21, 2020 in San Francisco for a detention hearing in the matter before the Honorable U.S. Magistrate Judge Sallie Kim, who detained Cruz Esparza pending trial.

According to an affidavit filed in connection with the complaint, Cruz Esparza, 22, of Bay Point, is alleged to have distributed images of child pornography using social media mobile applications.  The affidavit alleges that at least one of the images depicted a minor female committing a sexual act on Cruz Esparza.  The affidavit also describes that Cruz Esparza transmitted links to an online cloud storage site to other individuals, one of whom was a law enforcement agent acting in an undercover capacity.  Those links led to videos depicting sexually explicit conduct by adult males inflicted on minor females as young as 4 years old.

Cruz Esparza is currently detained, and his next scheduled appearance is at 10:30 a.m on July 29, 2020, for a status conference and preliminary hearing before Magistrate Judge Kim.

A complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Cruz Esparza faces maximum penalties of 20 years imprisonment with a minimum imprisonment term of 5 years, a life term of supervised release with a minimum supervised release term of 5 years, and a maximum fine of $250,000. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Jonathan U. Lee is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Jessica Gonzalez Rodriguez and Kathleen Turner.  The prosecution is the result of an investigation by the Department of Homeland Security, Homeland Security Investigations, and the Silicon Valley Internet Crimes Against Children Task Force.

Filed Under: Crime, East County, News, U S Attorney

Rep. DeSaulnier to host telephone town hall on coronavirus, the classroom, and our community Thursday

July 21, 2020 By Publisher Leave a Comment

Rep. Mark DeSaulnier

Congressman Mark DeSaulnier (CA-11) will host a telephone town hall to discuss coronavirus, the classroom, our community, and what comes next when school resumes in Contra Costa on Thursday, July 23rd at noon.

Congressman DeSaulnier will be joined on the call by Dr. Bill Walker, former Director of Health Services and current Director of Legislative and Governmental Affairs for Contra Costa Health Services, as well as Contra Costa County Superintendent of Schools Lynn Mackey. During the event, Contra Costa residents will have an opportunity to ask questions about the upcoming school year and local districts’ plans for instruction.

Coronavirus, the Classroom, and our Community Telephone Town Hall
Thursday, July 23, 2020
12:00 p.m. to 1:00 p.m. PT

This event is open to the public.

To RSVP and submit a question, click here: https://tthm.wufoo.com/forms/teletownhall-with-congressman-mark-desaulnier/

Filed Under: Community, Education, Government, Health

New Name. Same Game. Delta Conveyance Project – tunnel moves forward – Part 2: Stakeholders & Opposition

July 20, 2020 By Publisher 3 Comments

From California Water Resilience Portfolio 2019 Final.

County residents opposed to project work to limit impact and secure benefits if it is built

“We want to make sure they don’t screw anything up,” – David Gloski, Stakeholders Engagement Committee Member

By Allen Payton

What was planned as two tunnels beneath the California Delta to divert fresh water from north of the Delta to areas south, is now a single tunnel plan that is referred to as the Delta Conveyance Project (DCP). The effort is being led by the Delta Conveyance Design and Construction Authority (DCA) which was formed by and makes recommendation to the California Department of Water Resources (DWR).

In the first part of this two-part series, you read about the background and latest efforts to move the project forward. In this part, you will hear from local voices who serve on the Stakeholders Engagement Committee (SEC) and what they are doing to both fight the tunnel, and if it is built to limit its impact and to secure any benefits for our county and the Delta.

Stakeholders Engagement Committee – Local Voices

Because Contra Costa County and the water districts in the county either oppose or are neutral on the Delta tunnel project, no agency from the county is part of the DCA. But there are three people who live and one who works in Contra Costa County and serve on the Stakeholder Engagement Committee. They are Bethel Island resident and retired engineer David Gloski, Discovery Bay resident and real estate appraiser Karen Mann, Antioch resident Jim Cox, a retired fishing boat captain, and Oakland resident Michael Moran, who works for the East Bay Regional Park District as Supervising Naturalist at Big Break Regional Shoreline Visitor Center at the Delta in Oakley.

David Gloski, The Engineer – At Large Member

“I don’t want to understate that I’m against it and I appreciate the people fighting it,” said Gloski, who volunteered to be part of the SEC at the urging of others who also oppose the tunnel. “But I, having a home on the water and having an engineering background – and this DCA SEC group is more engineering focused – we want to make sure they don’t screw anything up.”

“The majority of the people on the stakeholder committee are probably against the tunnel,” he stated. “It includes the lady (Barbara Barrigan-Parrilla) from Restore the Delta. We’ve been effective in preventing them from doing things that don’t make sense and would negatively affect people in Contra Costa.”

“To me, they walk and chew gum at the same time. They’re working on designs and plans without having the permits. They have to do some of it or they don’t know what they’re asking to permit,” Gloski explained. “Similarly, we aren’t doing ourselves any benefit by just opposing it. Because if it does go through, we can get a lot of things done, like new roads, and parks. But you have to participate.”

“I’ve raised my hand to say, ‘if you’re going to build it, let’s get good things out of it, and make sure they don’t screw things up,” he reiterated. “I think the county is mistaken for not being more involved. The DCA made changes because of our inputs. Unfortunately, I’m not sure the inputs are the best from the county’s perspective. For example, an original plan included road and bridge improvements which were eliminated when we were successful in having a maintenance shaft moved further away from Discover Bay. So, you might have won the battle but lost the war.”

“I think we might benefit from more representatives. But right now, the county is just fighting it,” Gloski added.

To give your input to David Gloski, you can join his Facebook page, David Gloski DCA Stakeholder.

Mann expressed her concerns for the location and proximity to Discovery Bay of one potential Maintenance Shaft. From DCA 2020-05-27-UpdatedMapBooks.

Karen Mann – South Delta Local Business

Mann, an appraiser in Discovery Bay, is another member of the stakeholders committee who opposes the tunnel, as the issue literally hits close to home for her like Gloski.

“I’m fighting for our Delta,” she said. “As I’m talking to you my grandchildren are loading the boat, because that’s what we do as a family. We spend time on the Delta.”

“I’m an active boater. I skipper my own 37-foot boat. I’m a very able-bodied skipper. My dad had me at the helm since I was 9 or 10 years old in San Pablo Bay,” Mann explained. “So, I’ve described to this group the terror that I had when I encountered a barge in the middle of Old River. That left me about 25’ (to get by it). My boat is 12-feet-wide. I could feel the propellers of the tugboat drawing me toward that barge. My boat weighs 22,000 lbs. Imagine if that was a ski boat with inexperienced skiers or a family with a father and his kids on board.”

“The number of barges every day that they were talking about loading, I told them ‘you better think twice. You will have lives of families and boaters on your hands,’” she continued.

From 2020-04-22-SECMeetingPresentation.

Effort to Postpone Meetings & Work Due to COVID-19 Unsuccessful

“Through this whole pandemic thing, myself and a bunch of others have said ‘let’s hold off on these meetings’ because we can’t meet with our people,” Mann stated. “The chief engineer said, ‘we’re going to move forward, and we hate to leave you behind. But that’s how it goes. Governor Newsom wants this going.’”

“I piped up and said ‘it appears to me Gov. Newsom his been very busy with this pandemic thing and his three-hour-long press conferences each day, and the Delta tunnel is probably not at the forefront of his thinking,” she shared.  “For us to be told, ‘no, that’s out of the question, we’re on a timeline’, this is just not right.”

According to a report by the Sacramento News & Review, the effort to postpone the committee meetings and the work got a Sacramento County Supervisor and the Delta Protection Commission involved.

“The dust-up has caused Sacramento County Supervisor Don Nottoli to challenge one state official about transparency, while the Delta Protection Commission has officially asked California planners to halt their work on the tunnel during the virus outbreak. So far, that hasn’t happened,” reported the SN&R.

Contra Costa County Supervisor Diane Burgis serves on the Delta Protection Commission, which  “is supposed to safeguard the environmental and community health of the estuary as part of California’s landmark 1992 Delta Protection Act.”

But the committee meetings are continuing, just online for now, as most if not all other government meetings are currently throughout the state.

No Project Funding or Route, Yet

“I asked them where are we getting the money from? Apparently, there’s no checkbook. There’s no limit. There’s no talk about expenses. It’s like carte blanch. Money is no object,” Mann stated. “There isn’t an official route, yet. Because they’re trying to decide if there is going to be a central corridor which would be within 600 feet of the Discovery Bay water treatment plan and homes on the golf course.”

“That’s not the best of it,” she continued. “The best of it is they’re using their maps of that central location they would have taken that tunnel underneath the only waste treatment plant in the area.”

“They would also be going through our artesian wells,” Mann added.

“If there were any problems, “they would shut off the water and waste treatment for Discovery Bay. How could we live here? We’re not a third world country,” she said with a laugh.

“I’ve been very passionate about those two items,” Mann stated.

She, Cox and Moran all expressed concerns about trucks on Highway 4 east of Discovery Bay and how the committee’s efforts got that stopped.

“There was also going to be a maintenance shaft near Discovery Bay which would require truck traffic on Highway 4. Heavy duty trucks carrying the muck and dirt. Those bridges are old and couldn’t handle it,” she explained.

“Now they’re talking about using the eastern corridor closer to Stockton. But they told us ‘don’t get too excited. Nothing is decided. We’ll take your recommendations, but we will make our own decisions.’” That didn’t sit well with Mann.

“Is this how government is supposed to work?” she asked. “I will say they did listen on the barge issue. I think health and safety got them.”

From 2020-04-22-SECMeetingPresentation.

Fire Marshal, DB Town Manager Shocked

“We took that information to the fire marshal and Discovery Bay Town Manager and they were shocked,” Mann shared. “Neither one of them knew about any of it. They both wrote impassioned letters. We have three fire stations that serve 128 square miles. The engineers thought we had nine stations.”

“So, who’s going to handle the issues…with a project like this?” she asked. “Someone’s going to get hurt and they’re going to need EMT’s. I guarantee you one of their trucks will have an accident and block traffic for hours, if not kill someone.”

“I’ve been sending the chief engineer photos of truck accidents and concerns that we have for our health and safety,” she continued. They had no idea of traffic count. They’re using traffic counts from five years ago from San Joaquin County and they don’t keep track of traffic on Highway 4 and the bridges in our county. So, their traffic counts are completely inaccurate.

“So, I’m wondering who’s really in charge here,” Mann said. “We’re supposed to trust them with building a tunnel 150 feet under ground? If they don’t have this basic information how can they handle the bigger issues?”

“The Delta has been something in my family since I was a child,” she shared. “It’s a way to keep families together. So, when you say Delta you’re talking about families. This life is too short, and you have to enjoy it while it lasts.”

Mann is both a residential and commercial appraiser, which is why she represents the business community on the committee.

She’s also the president of Save the California Delta Alliance.

“We have an attorney that got them to back out of the other tunnel project,” Mann shared.

“It’s just a bunch of homeowners. This is our home. The waterway is our backyard. Our playground. Don’t mess with it,” she concluded before heading out into the Delta for the weekend on the family boat.

From 2020-04-22-SECMeetingPresentation.

“Same Old Song and Dance” on Fish Protections Says a Frustrated Jim Cox – Sports Fishing

Antioch resident Jim Cox ran a six-pack, sport fishing charter boat for 23 years and has been in the Delta since the early 1980’s and is now retired.

“I’m there representing fishing interests,” he shared. “It’s been a very frustrating thing to be involved in. They want us to come back with input from our constituents. The most common thing I hear is ‘what’s going to happen with Clifton Court?’”

The Clifton Court Forebay is where the water is collected south of the Delta before being pumped further south.

Delta Smelt. Photo from DCA SEC.

“When the current is flowing in there, it’s so strong the fish can’t get out,” Cox explained. “The screens on the pumps are not designed that well. Estimates are anywhere from 15-50,000 striped bass that are trapped in there. They’re only 8 or 9 inches but they’re fully matured fish.”

“They say Clifton Court Forebay is a separate project,” he continued. “I’ve had conversations with Terry Buckman from DWR. The Delta Improvement Act of 2009 has the two goals of habitat restoration and less reliance for water supply. They’re definitely focused on the water supply.”

“They call it EcoRestore, which is part of DWR and the ironic thing is they say ‘we’re not working on that for another year or so.’ This committee will be disbanded before then,” Cox stated.

“This is the same song and dance that fishermen have been told for the past 25 years,” he complained. “In 1994 there was the CalFed agreement. The water contractors were supposed to build state of the art screens across Clifton Court so fish couldn’t get in. But it’s still never been built. “

‘Most of these DWR folks are in their 40’s so they weren’t around…and they’re taking the word for it from others at DWR,” said Cox.

“The real problem is predation (preying of one animal on another), primarily for striped bass,” he continued. “It is a problem because the current flows in there, year-round, 24 hours a day. Larger fish just stick around at the entrance and pick off the smaller fish. They try to make it sound like it’s the striped bass. It’s not. It’s the fact they never built the screens.”

“We were told Fish and Game have plans to remove predators. They have no plans for any such thing. They say it’s a useless idea. Once you get rid of one predator another species will move in,” Cox shared. “Then they said the problem is the outer screens. There aren’t any outer screens. It consists of rabbit wire fence to keep boats and floating logs out of Clifton Court. It has nothing to do with fish.”

“They won’t say anything of how they’re going to make it better. This is why it’s becoming a frustrating endeavor for me,” he stated. “On the one hand they are being responsive to some complaints. But it all revolves around building the tunnel.”

From 2020-04-22-SECMeetingPresentation.

“They won’t even listen to the fishermen. I’ve been tempted to resign a couple times over this. But, if I’m not there who’s going to bring this up?” Cox asked, rhetorically. “First, they talked about having the committee a year. But now they’re talking about extending it.”

“It’s very frustrating trying to get them to listen,” he added.

On finances Cox said “we get told things in bits and pieces. The plan is for all of this to be paid for by the water users, the water contractors. The fine print is they’ve agreed to this in theory, but not in reality. They’re not going to agree to anything until they see the final plan. Over the last year, they’ve been trying to do what took them three years originally on the twin tunnels, to finalize this plan, to be able to move forward.”

“When this COVID thing hit, they said everyone wants to continue to work on this. That’s BS,” he said echoing Karen Mann’s comments. “No one wanted to continue to do this. But they kept pushing on this because they have financing deadlines. So, nope. They’re going to keep on going.”

“I feel in a lot of ways this committee is just going through the motions. I’m starting to feel like a pawn in a chess game,” he said with a chuckle.

Another financial issue Cox shared about was the pay for the DCA’s executive director Kathryn Mallon, who is earning $47,000 per month in her role. That’s in spite of the $54 billion deficit the state is projecting due to the impacts of the COVID-19 pandemic.

Another report by the Sacramento News & Review covers that issue and the opposition from the water agencies that are expected to reimburse the state for her compensation.

Proximity of proposed sites to existing recreation facilities. Arrow points to Big Break in Oakley. From 2020-04-22-SECMeetingPresentation.

Parks District Employee Offers Different Perspective: Mike Moran – Ex-Officio

Mike Moran, although an Oakland resident, represents Contra Costa County interests on the SEC, having worked in Eastern Contra Costa County for 26 years, as of August 1st. He works for the East Bay Regional Park District at the Big Break Regional Shoreline in Oakley.

“Big Break was an asparagus farm that flooded in 1927,” he shared. It’s a 1,688 acre park that’s mostly under water. The East County trail runs through there. Plus, they have a 1,200 square foot model of the Delta on the ground.

“In my position at the park commission and the SEC, we don’t take a pro or a con on this issue. We try to interpret this thing and why it’s being proposed, why it’s being opposed, and not just build it or don’t build it,” Moran explained. “I’m an ex-officio giving folks’ perspective from the East Bay Regional Parks point of view. There’s not a direct correlation on the tunnel.”

“We have land out here and we have folks paying taxes to get access to that land. So, what does this mean? What is the impact going to be where our constituents live?” he asked.

Proposed new Southern Forebay adjacent to Clifton Court Forebay. From 2019-12-11-DeltaConveyanceSystemOverview.

Moran also studied fisheries in grad school. Asked about the fish and Clifton Court Forebay that Jim Cox is concerned about, he said, “It’s part of the state water project, right now. The new forebay would be right next to Clifton Court, built to the west.”

However, Cox responded with, “The fact is that they still intend to use Clifton Court fifty-percent of the time. If the tunnel water was the only water heading into the canal then it would be fine, but that is not the case. Clifton Court will still be part of the water system and that is why I feel improvements to it should be part of the project, not a separate project.”

“The Harvey Banks Pumping Plant is part of the State Water Project. That water is sent through the California Aqueduct and the South Bay Aqueduct serving Alameda and Santa Clara Counties,” Moran explained.

“The feds will require an Environmental Impact Study on the project because it affects federal waters. That’s the Jones Pumping Plant, which is part of the federal water project. That water is pumped through the Delta Mendota Canal,” he shared.

“At the Clifton Court Forebay, as the water is drawn in, there’s a screen that screens out the fish. But it’s old school. It’s an old screen,” Moran explained. “Jim’s saying if we’re going to put in these high-tech screens north of the Delta, let’s do it at Clifton Court.”

Proposed intakes near Hood. From 2020-04-22-SECMeetingPresentation.

“The screening for the proposed tunnel will be located in Hood (north of Elk Grove) on the eastern side of the Sacramento River. There will be three intakes and those would have brand new, top of the line fish screens,” he continued. “So, no fish will be put in that tunnel beyond those screens.”

“That’s one of the selling points for this whole project,” Moran stated. “What we have now, is the diversion is over the surface across the Delta. So, we’re bringing in both water and fish.”

He provided some history to the diversion of Delta water.

“The idea of diverting water, moving water from the north and east, through the Delta is from the 1910’s,” Moran shared. “A lot of the facilities we have now, are not the same thing, but they’re based on Robert Marshall’s plans. He ran the national parks and was pushing this big project of moving water around California. So, that’s part of the rationale of what we have, now.”

Proposed South Delta Facilities. From 2020-04-22-SECMeetingPresentation.

He also shared that “Antioch sued upstream water users in 1921 because of too much saltwater. So, this is nothing new.”

“Antioch is way ahead of the game putting in a brackish water plant. That’s a big, bold move,” Moran state. “But what are we going to do with saltwater intrusion up to CCWD?” (See related article)

Asked how the tunnel is a solution to the saltwater intrusion he answered, “It’s coming. If we divert or not, saltwater is coming. How do we prepare for that? In Antioch we build a desal plant. For those south of the Delta it’s a tunnel.”

“The way we’re doing things now, is water flows from the Sacramento River to the rest of the Delta. The pumps in Byron then pump it south,” Moran continued. “This water used to flow down the river and out into the Bay. Sometimes during the year, we have reverse flow, with the water from both the Sacramento and San Joaquin Rivers. When folks started taking water out in the Central Valley, less water comes out of the San Joaquin River. It was dry for 60 miles as recently as 1994. That was rectified through a court case.”

Proposed South Delta Conveyance Facilities Site Plan. From 2020-04-22-SECMeetingPresentation.

Because the San Joaquin River is diverted before it reaches and “punches through the Delta”, farmers in the Delta have been relying on Sacramento River water.

“The Sacramento River, high quality, great water, it’s pulled down to the pumps. Not all the water, it’s less than half,” he said. “That goes against the natural flow and messes up the ecology.”

“We’ve gotten a lot of benefit over the past 100 years,” with the current system, Moran shared.

“So, if we don’t do something, if saltwater comes up, or if a levee breaks or a beaver chews through, that’s going to stop the flow of water.”

Rendering of proposed Pumping Plant Site Plan at the Southern Forebay. From 2020-04-22-SECMeetingPresentation.

“Much of the land in the Delta is under sea level because of that peat soil, which is great for farming,” he explained. “But because of decisions made over 100 years ago, because people in the Delta communities and economies, and their way of life, it’s not sustainable.”

“We’re only taking water out when there’s enough to come through,” said Moran. “Like we’re doing, now when there’s Delta Smelt at the pumps, and we have water quality going down the tubes, the feds tell them to stop pumping.”

“It’s these local folks who are members of the committee saying, ‘wait a minute, we have lives that will be affected, too,’” he shared about his fellow SEC members. “The premise is let’s pretend this is getting built. If that’s the case, all you folks around the Delta who have this local experience and expertise, to advise the experts from the DWR.”

“So, that the water can be used all year round. That’s the point of it,” Moran continued. “Is there enough storage south of the Delta? If you’re going to pump water out of the Delta where are you going to store it? There’s the San Luis Reservoir, are we going to raise the height?”

Rendering of proposed Pumping Plant at the Southern Forebay. From 2020-04-22-SECMeetingPresentation.

“Every governor has dealt with it, but Newsom is getting more traction,” he shared. “They have this portfolio plan which includes storage, moving water and ground water restoration. Not just sticking straws in the Delta and sucking it.”

“When it’s a common pool and we all have to drink out of the Delta and we all have to be responsible for it including maintaining the levees, and agriculture in the Delta,” Moran concluded.

No Committee Member Supports the Tunnel

Asked about the members of the stakeholders committee and how they were chosen, Nazli Parvizi, the Stakeholder Engagement lead for the DCA, said, “There is not a single member on the committee who supports this project. That’s based on what they wrote in their applications and others, what they’ve said over and over during the meetings.”

“It was an individual application. Not everybody represents their area of work. The requirement was if you live, work or recreate in the Delta in certain categories,” she explained. “If you have an ag person you balance it out with an environmental person. So, I think we have a good broad representation.”

“What we’re excited about Karen…she’s as reliable a source on waterways and boating as Jim Cox would be,” Parvizi shared.

“It’s not a voting body. We don’t make decisions as the DCA,” she explained. “We try to come up with the best engineering and design, the concepts and drawings and give them to Department of Water and it’s up to them.”

“We’re doing our best to take into account the Delta as place,” Parvizi continued. “So, they don’t just make sense from an engineering standpoint, but also as Delta as place. The folks who lead the DCA are representatives from DWR and the agencies that are members of the DCA. Kathryn Mallon, the Executive Director of the DCA is listening and took into consideration the Delta as place. The SEC is the result of that.”

About the committee members’ involvement, she said, “It’s trying to make the best of the worst, while at the same time trying to make sure it doesn’t happen. Karen has done a great job for Discovery Bay and boaters.”

“So, fight on your own time, protest, sue us, whatever and we’re OK with that and several are suing us,” said Parvizi. “We do want to make sure we are respectful of what you care about. They give us incredibly valuable feedback.”

“They fight their war, but on the battles they’re very collaborative,” she stated. “We give them all this information, being transparent as possible and half of them send it to their lawyers, which is fine. But they tell us which is better, A, B or C, and we make our recommendations to DWR.”

“We haven’t seen two groups fight it out,” Parvizi said, and explained how the members of the SEC work collaboratively. “If you move it (the tunnel) this way, it’s good for fish, but if you move it here, it’s good for birds. Or it’s good for animals. But if you put it here, it’s good for business.”

“We can come up with the pros and cons and I think that’s very valuable,” she added.

Opposition Efforts Continue

Efforts continue to stop the new Delta tunnel by groups such as Restore the Delta that have been fighting since the twin tunnels plan was first proposed. They along with Contra Costa County and the other members of the Delta Counties Coalition, Delta residents, Delta business owners, tribal representatives, fishing and non-governmental organizations and other Delta community-based organizations have all asked the Department of Water Resources (DWR) to pause Delta tunnel planning processes that require public participation due to the impact of the coronavirus pandemic. The Department of Water Resources has refused.

Contra Costa is represented on the DCC by County Supervisor Karen Mitchoff.

In their letter dated April 7, 2020, the DCC wrote California Natural Resources Agency Secretary Wade Crowfoot, “The Delta Counties Coalition (DCC) respectfully requests that you direct the Department of Water Resources (DWR) to pause all Delta Conveyance Project planning and engineering design processes that require Delta stakeholder engagement during the COVID-19 crisis, until the public can fully participate. We request that you ask the Delta Conveyance Design and Construction Authority (DCA) to pause its processes that require public participation, including Stakeholder Engagement Committee meetings, so that the Delta tunnel engineering design can be informed by meaningful public input. We also ask that you direct DWR and other resource agencies to extend public comment periods by at least 45 days beyond the end of the declared emergency.” 2020-04-07-Delta Counties Coalition-Letter-to-Secty-Crowfoot-re-Stay

The Secretary Crowfoot and the Department of Water Resources has refused, but have instead allowed the DCA and SEC to hold their meetings online.

Upcoming Meetings

The next meeting of the 20-member DCA Stakeholder Engagement Committee will be held on Wednesday, July 22, 2020 from 3-6 PM. Topics are expected to include: Scoping Update (DWR), Rehabilitation of construction impacted land, Final temporary and permanent boundaries, and Intakes Update (*subject to change). Ring Central Video Conference. Information Join from PC, Mac, Linux, iOS or Android: https://meetings.ringcentral.com/j/1489140415;  iPhone one-tap: US: +1(916)2627278,,1489140415#; or Telephone: US: +1(623)4049000 Meeting ID: 148 914 0415.

Ways to Stay Informed

To stay informed of plans and progress on the Delta Conveyance Project visit https://water.ca.gov/Programs/State-Water-Project/Delta-Conveyance; Twitter @CA_DWR; email DeltaConveyance@water.ca.gov; or call the Project Hotline at 866.924.9955.

Filed Under: Agriculture, Business, East County, Environment, News, Recreation, The Delta

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