Contra Costa Herald

News Of By and For The People of Contra Costa County, California

Biden-Harris Administration, House Democrats working to attract more foreign students, workers for American technology jobs

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American tech workers not happy, say policy change “destroys the career prospects of young American graduates”

By Allen D. Payton

President Biden and Vice President Harris issued a statement on Friday, Jan. 21, 2022, announcing actions and policy changes their administration is taking to make it easier to attract foreign scholars, students, researchers, and experts to ultimately fill American technology jobs. In addition, on Tuesday, Biden issued a statement announcing his support for the America COMPETES Act of 2022 (H.R. 3593).

In addition, according to an announcement issued today by the Departments of Homeland Security and Labor, tomorrow, Friday, Jan. 28, the Biden administration will make 20,000 additional temporary nonfarm, H2-B work visas available for hiring through March, delivering on a demand from business groups.

“The supplemental H-2B visa allocation consists of 13,500 visas available to returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years. The remaining 6,500 visas, which are exempt from the returning worker requirement, are reserved for nationals of Haiti, El Salvador, Guatemala, and Honduras,” the joint statement reads. “The H-2B program permits employers to temporarily hire noncitizens to perform nonagricultural labor or services in the United States.”

Also, according to a Bloomberg Law article, published yesterday, Democrats have included a new entrepreneur visa in a House bill.

“Nonimmigrant visas for owners and key employees of start-ups as well as their family members and other STEM-boosting measures are part of legislation introduced by Democratic House leaders this week. The Senate last year passed its own version of the legislation, which President Joe Biden’s administration has identified as a key priority,” the article reads. “The bill, which also exempts immigrants with doctorates in science, technology, engineering, or mathematics fields from annual green card caps, is part of a broader legislative package released Tuesday that seeks to strengthen U.S. competitiveness with China in research and development.”

American Tech Workers Not Happy

But an organization of American technology workers, U.S. Tech Workers, which describes itself as a “nonprofit representing the voices of American workers harmed by the H-1B visa program and pushing Congress for reforms to protect workers”, are not happy with the Administration’s policies nor the Democrats’ legislation.

In a post on the group’s Twitter feed on Monday, Jan. 24, they wrote, “employers lobbied the US government for the ability to hire foreign workers via guest worker visa programs so they could rig the free-market in their favor.”

The group is also opposed to the changes in the H-2B visa and OPT programs. They said the changes will encourage companies to discriminate against American job applicants.

“This is exactly the kind of policy that destroys the career prospects of young American graduates,” the group posted on their Twitter feed. “USCIS (U.S. Citizenship and Immigration Services) is incentivizing employers to discriminate against US grads because the OPT program provides employers who hire foreign students: – FICA tax exemptions – No wage standards.”

An article on the group’s website written by Joe Guzzardi, a nationally syndicated newspaper columnist who writes about immigration issues, and joined Progressives for Immigration Reform in 2018, reads, “STEM OPT’s expansion…is significant since the thousands of new foreign-born workers entering the labor pool will adversely affect employed U.S. tech workers or recent U.S. STEM graduates whose prospective careers could be jeopardized.”

In addition, the U.S. Tech Workers tweeted, “Exempting a certain category of foreign workers counting towards numerical Green Card caps is a deceptive & crafty tactic of INCREASING overall immigration numbers. It basically means there’s an unlimited supply of GCs for PhDs & their family (spouse/kids).”

In another tweet about Biden’s statement on the America COMPETES ACT of 2022, the U.S. Tech Workers wrote, “House version of America COMPETES Act of 2022 sneakingly adds immigration provisions: – Exempts PhD foreign students & their family from counting towards Green Card cap – Creates new visas for entrepreneurs.”

According to a 2021 Bloomberg article, “Businesses that hire foreign students are exempt from paying Medicare and Social Security taxes, amounting to a discount of 7.65%.”

Biden-Harris Foreign STEM Talent Statement

The statement from the White House reads as follows:

FACT SHEET: Biden-⁠Harris Administration Actions to Attract STEM Talent and Strengthen our Economy and Competitiveness

JANUARY 21, 2022

“The Biden-Harris Administration believes that one of America’s greatest strengths is our ability to attract global talent to strengthen our economy and technological competitiveness, and benefit working people and communities all across the country.

In the fields of science, technology, engineering, and mathematics (STEM) – fields that are critical to the prosperity, security, and health of our Nation – our history is filled with examples of how America’s ability to attract global talent has spurred path-breaking innovation. This innovation has led to the creation of new jobs, new industries, and new opportunities for Americans across the United States. Our commitment as a nation to welcoming new talent has long provided America with a global competitive advantage, and we must continue to lead in this effort.

Today, the Departments of State and Homeland Security are announcing new actions to advance predictability and clarity for pathways for international STEM scholars, students, researchers, and experts to contribute to innovation and job creation efforts across America. These actions will allow international STEM talent to continue to make meaningful contributions to America’s scholarly, research and development, and innovation communities.

These announcements build on the Biden Administration’s efforts to remove barriers to legal immigration, such as under Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, and to promote educational exchange, such as under the recent Joint Statement of Principles in Support of International Education issued by Secretaries Blinken and Cardona.

Today’s agency announcements include:

  • The U.S. Department of State’s Bureau of Educational and Cultural Affairs (ECA) is announcing an “Early Career STEM Research Initiative,” to facilitate non-immigrant BridgeUSA exchange visitors coming to the United States to engage in STEM research through research, training or educational exchange visitor programs with host organizations, including businesses. ECA is also announcing new guidance that will facilitate additional academic training for undergraduate and graduate students in STEM fields on the J-1 visa for periods of up to 36 months.
  • Department of Homeland Security Secretary Mayorkas is announcing that 22 new fields of study are now included in the STEM Optional Practical Training (OPT) program through the Student and Exchange Visitor Program (SEVP). The program permits F-1 students earning Bachelors, Masters, and Doctorates in certain STEM fields to remain in the United States for up to 36 months to complete Optional Practical Training after earning their degrees. Information on the new fields of study will be communicated to schools and students in a forthcoming Federal Register notice. The added fields of study are primarily new multidisciplinary or emerging fields, and are critical in attracting talent to support U.S. economic growth and technological competitiveness.
  • DHS is issuing an update to its policy manual related to “extraordinary ability” (O-1A) nonimmigrant status regarding what evidence may satisfy the O-1A evidentiary criteria.
  • O-1A nonimmigrant status is available to persons of extraordinary ability in the fields of science, business, education, or athletics. In this update, DHS is clarifying how it determines eligibility for immigrants of extraordinary abilities, such as PHD holders, in the science, technology, engineering, or math (STEM) fields.
  • The new update provides examples of evidence that may satisfy the O-1A evidentiary criteria and discusses considerations that are relevant to evaluating such evidence, with a focus on the highly technical nature of STEM fields and the complexity of the evidence often submitted.
  • The update also emphasizes that, if a petitioner demonstrates that a particular criterion does not readily apply to their occupation, they may submit evidence that is of comparable significance to that criterion to establish sustained acclaim and recognition. Additionally, it provides examples of possible comparable evidence that may be submitted in support of petitions for beneficiaries working in STEM fields.
  • With respect to immigration, DHS is issuing an update to its policy manual on how U.S. Citizenship and Immigration Services (USCIS), a DHS component, adjudicates national interest waivers for certain immigrants with exceptional abilities in their field of work.
    • The Immigration and Nationality Act (INA) provides that an employer can file an immigrant petition for a person of exceptional ability or a member of the professions with an advanced degree. The INA provides that USCIS may waive a job offer requirement, allowing immigrants whose work is in the national interest to petition for themselves, without an employer.
    • The USCIS policy update clarifies how the national interest waiver can be used for persons with advanced degrees in STEM fields and entrepreneurs, as well as the significance of letters from governmental and quasi-governmental entities. This update will promote efficient and effective benefit processing as USCIS reviews requests for national interest waivers. This effort is consistent with the Biden-Harris Administration’s priorities to restore faith in the legal immigration system.

Biden Statement on America COMPETES Act of 2022

Following is the statement by the President Biden on the America COMPETES ACT of 2022 issued on Tuesday:

Statement by President Biden on the America COMPETES Act of 2022

JANUARY 25, 2022

The House took an important step forward today in advancing legislation that will make our supply chains stronger and reinvigorate the innovation engine of our economy to outcompete China and the rest of the world for decades to come.

The proposals laid out by the House and Senate represent the sort of transformational investments in our industrial base and research and development that helped power the United States to lead the global economy in the 20th century and expand opportunity for middle class families. They’ll help bring manufacturing jobs back to the United States, and they’re squarely focused on easing the sort of supply chain bottlenecks like semiconductors that have led to higher prices for the middle class. Building on the historic investments in the Bipartisan Infrastructure Law that I signed last year – and on signs of progress like last week’s Intel announcement and today’s GM announcement – comprehensive competitiveness legislation will power our economy to create good-paying jobs for all Americans, no matter where you live or whether you have a college degree, and will help tackle the climate crisis.

I’m heartened by Congress’ bipartisan work so far, and its commitment to quick action to get this to my desk as soon as possible. Together, we have an opportunity to show China and the rest of the world that the 21st century will be the American century – forged by the ingenuity and hard work of our innovators, workers, and businesses.”

Contra Costa College Board votes for gerrymandered redistricting map protecting incumbents, splitting more cities

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The approved new Contra Costa Community College Trustee Ward Boundaries Map showing the location of high schools in the county, except for Deer Valley High School in Antioch. The name of Dozier-Libbey Medical High School, also located in Antioch, is misspelled. Source: 4CD

4-0-1 vote approves staff drawn map keeping boundaries significantly the same as current, politically drawn wards map from 2011; leaves portions of East County in same ward with most of the San Ramon Valley; Crockett, Rodeo and portions of Hercules in same district with Walnut Creek, Alamo

By Allen Payton

The Contra Costa Community College board, on a 4-0-1 vote, approved a final redistricting, staff-drawn map that keeps the ward boundaries significantly gerrymandered, protecting each of the incumbents for re-election. Ward 5 Trustee Fernando Sandoval voted to abstain. During a public hearing on Ward Equalization Based on the 2020 Census at their regular meeting Wednesday night, the trustees reviewed three maps drawn by district staff, and only one member of the public, a former trustee, spoke. The new wards will go into effect for this year’s November elections, in which both Ward 3 Trustee Rebecca Barrett and Ward 4 Trustee Andy Li face re-election if they decide to run.

In addition, the board again discussed the “Public employee discipline/dismissal/release/complaint” of Chancellor Bryan Reece during a special meeting at 5:00 p.m. But no reportable action was taken during the closed session.

During the staff presentation on redistricting, Executive Vice Chancellor for Education and Technology Mojdeh Mehdizadeh said, “This is the fourth meeting we’ve held in order to achieve equalization” which was the main focus of the staff-drawn maps. Those include a Community Roundtable on Ward Redistricting on Jan. 6.

“You wanted to see more maps and interactive maps, you wanted to have the high school markers placed on the maps and more time for public input,” she continued. “We also asked the public for more input through an online survey…which went live on Dec. 17. We received a total of 12 responses.”

Three maps were offered to the public, two that are very similar to the current wards map, and one similar to the map that the county Board of Supervisors adopted, with a significantly gerrymandered Ward 2 which is very different than Supervisorial District 5. (See related article)

“Nearly 60% (7 people) indicated that Map 2 is the favored map. Map 3 was the least favored map. About 75% of respondents (8 or 9 people) said it was the least favorite,” Mehdizadeh stated. “We continue to offer Map 2 as the best map.”

That was the same map she and the district’s attorney recommended previously.

The three proposed maps show the locations of the high schools in the county except for Deer Valley High School in Antioch and misspelled the name of Dozier-Libbey Medical High School, also in Antioch.

Splits More Cities

While the new trustee ward map has a total population deviation of just 1.7% between wards – which is closer to the intent of the Constitution of ensuring one-person-one-vote – it keeps things pretty much the same as the 2011 map. It continues to split Antioch, Brentwood and Pittsburg in East County, Martinez, Concord, Walnut Creek and now, one of the county’s smallest cities, Clayton, in Central County, and in West County, instead of splitting Pinole, as the current map does, the new map splits Hercules.

Public Comments

Former board trustee Greg Enholm was the only person to speak during public comments saying, “as a trustee for 2012 to 2020 I did not participate in the ward equalization process for the 2000 and 2010 Census data. But I was affected as a candidate for the subsequent 2006 and 2010 Ward 3 elections created from the 2000 Census Data and the 2012, 2016, and 2020 elections created from the 2010 Census Data.”

“I have been a candidate in five contested elections being elected in two,” he continued. “I have had many opportunities to interact as a candidate with the approximately 200,000 4CD constituents each in Wards 3 and 5 as well as eight years being accountable to all one million 4CD constituents. I believe that the voters must select their representatives not the reverse. I hope that all five trustees agree with that statement and will ask that staff prevent or at least reveal any inappropriate effort by any current or prior trustee to use ward equalization to primarily improve their opportunity to be re-elected or affect any current or prior trustee’s opportunities to be a successful candidate using the 2000, 2010, and/or 2020 ward equalization process.”

Enholm provided each of the trustees with a copy of his comments on the three maps proposed by staff.

“Please read my comment below on all three proposed maps and ask staff if they have assured that the 2000 and 2010 ward maps were created in full compliance with all applicable laws, rules, and regulations in effect when they were adopted,” he said.

Trustee Comments

Ward 3 Trustee Fernando Sandoval was the only member of the board to speak, asking, “Can you tell me the implications for adopting each map? Can we respond to Mr. Enholm’s question…if the maps were created fairly.”

All three maps comply with population balance, Mehdizadeh pointed out.

“Map number 1 is a slight variation of the first one we presented you,” she said. “As it pertains to the second map, we attempted to keep as many cities as tight knit.”

However, both proposed Maps 1 and 2 split more cities than the current ward map.

“The third map was a request that came from the December meeting…that the Board of Supervisors had adopted their map…that was a consideration, as well,” Mehdizadeh stated.

In response to Sandoval she said, “Your question about the 2000 and 2010 process, I personally was not involved in the 2000 process.”

Mehdizadeh again spoke of population balance.

“In 2010 I can tell you I was directly involved,” she stated. “We worked closely with our legal counsel…we spent quality time with our governing board to get public input.”

“Our county Office of Education chose to adopt the same map,” Mehdizadeh added. “That showed a reduction in costs” for printing and mailing ballots during elections.

“I do know they have a meeting on the 19th,” Sandoval said referring to the county Board of Education. “But this year they hired their own demographer. I don’t know why. Is there a reason we wouldn’t wait for them to come back? We want to make sure the alignment is consistent. Would it be prudent to wait until they vote on a final recommendation?”

“That could be our challenge,” Mehdizadeh responded. “Our maps have to be approved by the end of February. It really is who ultimately who votes and makes a determination of their maps. They have been working closely with us, as staff. They are very well apprised of the timelines. It really is up to the board.”

With no other comments by the trustees Board President and District 2 Trustee Judy Walters closed the public hearing.

Board Adopts Map 2

Then later during the meeting, under NonConsent Agenda – Action Items – Miscellaneous, on a motion by Trustee Li and seconded by Ward 1 Trustee John Marquez, the board voted 4-0-1 to adopt Map 2. Sandoval voted to abstain. Student Trustee Austin Green also voted for the motion, but the vote is advisory, only.

However, the resolution signed by both Walters and Marquez, who is the Board Secretary, incorrectly shows Sandoval voted for the map and Marquez voted to abstain. 4CD adopted Ward Equalization Resolution 0122-20B-MI – incorrect

When reached for comment about the mistake Sandoval said “that’s wrong. I’ll call John Marquez.”

When informed of the mistake, Marquez said, “I’ll call the staff member who handles that, Pat (Kaya) and get it corrected, right away.”

College board trustees ask for more public input on ward redistricting, staff offers workshop, two more gerrymandered maps, online survey

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Proposed Contra Costa Community College District Ward Realignment Map 3 balances populations using the county Supervisor’s newly adopted map as a guide and includes the locations of the high schools (the name of Deer Valley High in Antioch added by the Herald). But Trustee Ward 3 in this proposed map is significantly different than the new Supervisorial District 5. See the other two proposed maps at www.4cd.edu/gb/redistricting/. Source: 4CD

Sandoval pushes for more community input, transparency; he and Barrett ask for more maps; Walters asks for informal, round table meeting; one new proposed map similar to Board of Supervisors’ new map; Community Roundtable on Ward Redistricting during special Zoom meeting Jan. 6 for community input; second public hearing on redistricting during regular board meeting Jan 12.

By Allen Payton

In response to public pressure, the Contra Costa Community College District (4CD) Governing Board is seeking additional community input to adjust trustee ward boundaries and ensure population balance based on county demographic changes identified in the 2020 Census. During the Dec. 8 board meeting, (see 36-minute mark) Ward 5 Trustee Fernando Sandoval and Ward 2 Trustee Rebecca Barrett pressed for more public input, and wanted to review more than just the one map provided by the district’s staff and attorney David Saldani. They only provided slight changes to the current, gerrymandered map. (See related article)

Board Calls for More Public Input

At their December 8, 2021, meeting, (see item 10.A.) the Board reviewed only one staff-recommended map that highlighted how trustee area boundaries could change and received community input on the proposed map before determining the need for additional community input. In 2010, both the college board and the Contra Costa County Board of Education adopted the same exact maps, according to Saldani. The 4CD staff is expected to collaborate with the board of education, again, this year.

Only two members of the public offered comments during the hearing, including former college board trustee Greg Enholm who said “I hope the trustees agree that voters should choose their representatives not the reverse.  He also said he agreed with this reporter “regarding his concerns about the proposed ward map,” referring to the current map being drawn based on political considerations to protect incumbents at the time it was adopted.

“I also hope that Board Vice President Walters and Board Secretary Sandoval will explain why they are not advocating for an independent redistricting body to redraw the wards as they pledged to do,” Enholm stated.

“The map must be the best one possible meeting all requirements,” he concluded and said he provided to the trustees a copy of the 1990 ward map.

“We support a good governance model which includes community meetings. We are a little surprised that…the college district did not engage in a community participation process,” said Maria Alegria, representing Latinx for Inclusion. “It looks like you’ve done this in-house for the past three decades.”

Barrett had questions about the process, including the FAIR Maps Act.

“Certainly, this year, more than ever, the politics surrounding redistricting is greater,” said Executive Vice Chancellor, Education and Technology Mojdeh Mehdizadeh. “This is the first year that the Census data was released six months later than usual.”

“Can you explain the California FAIR Maps Act of 2017 and how it impacts the way cities and counties conduct their post-Census redistricting?” Barrett asked.

“We don’t have to comply with the provisions. It gives more direction with the criteria,” Saldani responded. “The FAIR Maps Act requires cities and counties have…two pre-map hearings then two post-map hearings. It doesn’t apply to the college district.”

“We used traditional redistricting criteria,” he added.

Sandoval said “you spoke about population balance. You guys really didn’t talk about communities of interest. What Mr. Enholm stated…there was some work that was done for political boundary changes in the past and I’m concerned those still haven’t been addressed.”

“It’s not just population balance, it’s communities,” Sandoval continued. “We’re here to make sure the maps represent the communities of interest as they go forward.”

“The other thing I’m concerned about is, the map itself that we have in there, is not an interactive map. You should be able to show that,” he stated. “The fact that we only have one map says that we only have one option. I’m all about transparency. When I talked about the independent commission it’s really about transparency and making sure that the public has an opportunity to weigh in and put a comment…so the board can go ahead and try to understand what the concerns of the community are. We don’t know what they are, right now. I think we need to do more.”

“From my perspective there’s not have enough transparency and we need to ensure we go ahead and take care of the public interest,” he concluded.

“In fact, we heard public feedback, tonight,” said Saldani.

“I think we haven’t done enough,” Sandoval responded. “Give them more of an opportunity. Publicizing it and just having it on our website is not enough. We should have more than one map.”

Barrett then said, “I do have some concerns. I would like to have a more detailed map. Are the politicians giving feedback? Because it’s self-serving. The staff and demographer have worked to keep this away from board input. In some respects, I would hope the board and public could get a more detailed map with geographic markers…things to help identify. I would appreciate a little more detail and understanding. I think the board could give you more input that communities of interest don’t fit nicely…in your statistical analysis. I do think multiple maps would have been helpful. It would give the public a sense that there are choices.”

“I think most of us won’t be here, in 10 years on this board,” she continued. “So, one of the things we can do as a board is to codify our expectations around the redistricting process. Do we want to look at an independent redistricting commission or some kind of hybrid? But that’s a more long-term project.”

“Your free of the accusation that you’re trying to benefit yourself,” Barrett added.

“Would it be possible to have, I’ll use the word workshop, or gathering?” asked Board Vice President Judy Walters.

“Certainly. I thought that’s what we were doing, here, tonight,” responded Mehdizadeh.

Walters suggested a meeting that is “less formal…more of a roundtable kind of thing.”

“On a personal level, I’m happy with the work done, tonight,” she said. “I’m concerned that we have to meet our deadline and we don’t spend a jillion dollars doing stuff.”

“We’re happy to answer any additional questions and do a deeper dive from an interactive perspective,” Mehdizadeh responded. “While we would love to do that, we’re not resourced to do that.”

“We tried to keep it in-house. Let them do their independent work,” Board President Andy Li said. “I’m supportive of some open, community input.”

“The document…that’s…showing racial demographics is wonderful,” Walters added. But she didn’t call for an independent citizen redistricting commission as she committed to do during her campaign, last year.

“I heard some requests to follow the county in drawing our districts,” Li said. “But I found that there are three trustees in the same ward.”

However, where incumbents live is not a requirement that must be considered when redrawing ward boundaries.

“I appreciate the work done by the county. But they have different communities of interest than we do,” Barrett said. “We could be drawing our maps off of the school district boundaries.”

“We tried to keep as many as communities together as possible,” Mehdizadeh said.

Staff agreed to consider offering more public meetings and has since offered two more maps and post all three on the district’s website.

January 6 Community Roundtable on Ward Redistricting

The public can review three mapping options of how trustee boundaries could be balanced on the 4CD website located at www.4cd.edu/gb/redistricting. Community members can use a new interactive mapping feature that will help identify how each mapping option could change your trustee representation. The website also gives the public the opportunity to provide online comments and feedback that will be considered by the Board. In addition, 4CD will conduct a Community Roundtable on Ward Redistricting during a special Governing Board meeting via Zoom on Thursday, January 6, 2022, beginning at 5:00 p.m. to conduct a community roundtable to review the different mapping options and receive additional community input. Zoom details can be found in the official Governing Board meeting agenda for this community roundtable.

January 12 Second Redistricting Public Hearing

The Board will review the additional community input and hold a second redistricting public hearing at their regularly scheduled public meeting on January 12, 2022, beginning at 6:00 p.m. The public is invited to attend this meeting in-person at 500 Court Street, 2nd Floor Board Room, in Martinez or via Zoom. Zoom details for this meeting are contained in the official Board meeting agenda located on the 4CD website.

“Based on the community input we received so far, the Board decided it was prudent to expand the redistricting choices available and provide more opportunity for the public to weigh in on this important decision,” said Walters. “The additional steps we are taking, which are beyond what is legally required, are appropriate and convey to our community we are rebalancing our trustee wards in a transparent way, and is being completed in a fair, objective, and non-partisan manner.”

Special districts like 4CD are legally obligated to follow Education Code Section 5019.5, which highlights the process to follow, ensuring the population of trustee wards is balanced based on the changing demographics of the community. Legally, the population can be as great as 10% between districts. Despite receiving the 2020 Census data six months late, 4CD is still required to complete this process by February 28, 2022.

After receiving the 2020 Census data in September 2021, staff began working with legal counsel to analyze and prepare its ward redistricting recommendation. The Board received a report outlining the plan to rebalance the ward boundaries at their November 10, 2021, meeting, including a review of the population changes throughout Contra Costa County.

Public Participation

Should you wish to make public comment in person, please fill out the yellow public comment card (sample attached) that will be available at the meeting and give it to the Executive Coordinator.  For those attending remotely, the Governing Board President will ask for general comments or those specific to a certain agenda item.

  • Please note that submissions of public comments will be considered a public record under the Public Records Act and are therefore subject to public disclosure; submissions must either address an item on the agenda or be within the subject matter jurisdiction of the Governing Board.
  • If a translator for the speaker is needed, please contact the Executive Coordinator at pkaya@4cd.edu or leave a message at 925.229.6821, the Friday prior to the meeting so appropriate accommodations may be made.

According to Government Code Section 54954.2(a), when responding to public comment, Governing Board members and staff may respond as summarized below.

  • Briefly respond to statements made or questions posed by persons making public comment;
  • ask questions for clarification or make a brief announcement;
  • provide a reference to staff or other resources for factual information;
  • request staff to report back to the body at a later meeting; or
  • direct staff to place the matter on a future agenda.

Timothy Leong, 4CD Public Information Officer, contributed to this report.

DVC and LMC recognized for Black and Latino Associate Degree for Transfer Rates

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Recipients of 2021 Equity Champion of Higher Education Award

By Timothy Leong, Public Information Officer, 4CD

Diablo Valley College (DVC) and Los Medanos College (LMC) each received the 2021 Equity Champion of Higher Education Award, an honor given by the Campaign for College Opportunity (Campaign) to recognize California Community Colleges and California State University (CSU) campuses for their success in conferring the Associate Degree for Transfer (ADT) to Black and Latino students at higher rates than other colleges.

ADTs were established in 2010 with the passage of SB 1440, to create a clearer pathway for students who wish to transfer and earn a bachelor’s degree. Since the program’s inception, California Community Colleges have awarded more than 300,000 ADTs, establishing this pathway as a popular transfer option for students. By successfully completing 60 units of transferrable community college coursework, students will be awarded an associate degree and receive guaranteed admission with junior standing at a CSU campus.

“We are honored to receive the recognition that DVC led all California Community Colleges in increasing the number of Black and Latinx students earning an ADT,” says DVC President Susan Lamb. “We appreciate the ongoing recognition from the campaign, and want to thank every member of our college community for their contribution to this tremendous achievement and equity work.”

According to Campaign rankings, during the 2019-20 academic year, DVC awarded 1,161 ADTs, more than half of all Associate Degrees awarded by the college during this time. Black and Latino students out earned ADTs over other student populations at the college by 6% and 3.4% respectively.

LMC was recognized for their equity work in increasing the number of Latinx students obtaining an ADT. During the 2019-20 academic year, LMC awarded 548 ADTs, or one of every three Associates Degree awarded by the college during this time. LMC’s Latino students out earned ADTs over their other student populations by 2.9%.

“I am honored to work with such dedicated classified professionals, faculty and managers, who are focused on learning, completion, and equitable outcome for all of our students,” says LMC President Bob Kratochvil. “With a Latinx student population of over 40 percent, this recognition gives us another indicator we are on the right path and making progress in helping our students achieve their educational goals with us.”

The Campaign for College Opportunity’s mission has been to ensure that all eligible and motivated students in California have an opportunity to go to college and succeed. The Campaign remains committed to keeping the State of California from breaking its promise of college opportunity to its next generation of young people in order to ensure a strong state for all of us. For more information, visit https://collegecampaign.org/ .

 

Ninth Circuit agrees to rehear lawsuit ruling Newsom unconstitutionally closed private schools during pandemic

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Vacates court’s three judge panel ruling, will hear en banc

San Francisco — The Ninth Circuit Court of Appeals, at the request of Governor Gavin Newsom, agreed, on Wednesday, to vacate the court’s three judge panel ruling, earlier this year, in favor of the parents represented by the Center for American Liberty’s lawsuit Brach v. Newsom (#OpenCASchools), that Newsom’s COVID order barring private schools from in-person teaching, violated parents’ Due Process rights, and have the entire case reheard by the full Ninth Circuit Panel.

Click here to view and download the court’s order.

Click here to view and download the Ninth’s Circuit’s prior ruling

In the prior ruling for parents, the three-judge panel of the Ninth Circuit reasoned: “…the Supreme Court has long held that ‘the right of parents to make decisions concerning the care, custody, and control of their children is a fundamental liberty interested protected by the Due Process Clause,’ and that right includes ‘the right of parents to be free from state interference with their choice of the educational forum itself.’”

“It’s sad to see Governor Newsom so vigorously continue his assault on children’s education,” said Harmeet K. Dhillon, CEO of the Center for American Liberty. “The prior opinion from the Ninth Circuit was a clear victory for parents and students when the court correctly ruled that under the Constitution, parents – and not Gavin Newsom or faceless bureaucrats — have the right to decide how best to educate their children. I’m confident that the en banc panel will reaffirm that Governor Newsom’s anti-parent power grab was unconstitutional.”

“Although we believe that the original panel correctly held that Governor Newsom violated the Constitution when he closed private schools across the state, we look forward to making our case again to the en banc panel,” said Partner at Eimer Stahl LLP, Robert Dunn. “The school closure orders the Governor kept in place for nearly a year had a devastating impact on students throughout the state and plainly interfered with parents’ ability to control the education of their children. We are confident that the en banc panel will vindicate our clients’ fundamental rights and prevent the Governor from reinstituting such an order.”

 

College board president faces possible censure vote, investigation; chancellor faces possible removal

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Contra Costa Community College District Board President Andy Li and Chancellor Dr. Bryan Reece. Photos: 4CD

Ward 4 Trustee Andy Li denies committing Brown Act violation.

By Allen Payton

Prior to the start of the regular meeting of the Contra Costa Community College Governing Board on Wednesday, Dec. 8, the trustees will meet in closed session beginning at 4:00 p.m. to discuss the discipline/dismissal/release/complaint of Chancellor Bryan Reece. This would be another attempt by board members to discipline or remove him after little more than a year in the position. (See related articles here and here)

Asked which trustee or trustees requested the closed session item, which employee is the subject and which district employees does the board hire, 4CD PIO, Timothy Leong responded, “Items for the closed and open session agenda are developed collaboratively by the Chancellor and the Governing Board, and includes consultation with legal counsel. This includes personnel matters.” He also wrote, “The Governing Board only hires one person: the Chancellor. They Governing Board may also have input on other contract administrator positions, but the final decision on those positions is made by the Chancellor.”

Board President Andy Li was asked the same questions. “The board only hires the chancellor,” he responded.

Regarding which trustee or trustees requested the item be placed on the closed session agenda, Li said, “I don’t think I can disclose that. You can talk to the chancellor about that. He knows better whether we can or cannot.”

Request for Investigation and Censure of Governing Board President

In addition, during the regular meeting, which begins at 6:00 p.m., a censure and investigation of Li will be discussed. According to the staff report, Board Policy 1024 and Education Code Section 72121.5 afford members of the public the opportunity to place items on the agenda of meetings of the Governing Board subject to reasonable regulations.

On November 10, 2021, four members of an organization called CCC Latinx for Inclusion, Maria Alegria, former Mayor of Pinole; Genoveva Calloway, former Mayor of San Pablo; Contra Costa County Board of Education District 1 Trustee Consuelo Lara,; and Antioch School Board Trustee Mary Rocha, submitted a request that the Governing Board initiate an investigation into comments made by Governing Board President Andy Li at the June 23, 2021, Governing Board Meeting and is requesting that Mr. Li be subject to censure based on that investigation (see Board Back-up No. 20D). Ms. Alegria will be afforded up to five minutes to make her proposal to the Governing Board and to state the reasons for her requested action. Request for Censure of Andy Li 12-08-21

In their letter to the board they wrote, “Unfortunately, Trustee Li, under your leadership as President, you’ve repeatedly violated the Brown Act and governed with two different sets of standards for transparency and accountability.”

The letter continues, “Trustee Marquez, the most senior member of the Board, has requested twice that your censure for violating the confidentiality of closed session at the June 23 board meeting be placed on the agenda. Yet this request continues to be ignored. President Li, I have reviewed that video of the Board’s discussion on Agenda Item 18B: Interact Communications $10M Contract, which you stated was discussed in closed session. You were also cautioned by Trustees Barrett, Marquez and Sandoval, as well as Attorney Meola about this.”

They then offered an example of Li’s Brown Act violations, writing, “For example, at the May 26, 2021 4CD Board Meeting you read a prepared statement on your reasoning for recommending censure of Trustee Marquez. You stated: that you had grave concerns with Trustee Marquez’s conduct as he violated the confidentiality of closed session discussion”. This recommendation of censure of Trustee Marquez was an ‘action’ by the Board and was not listed on the agenda, under closed session or as a regular agenda item. You gave the public no opportunity to participate on this matter.”

Li Denies Committing Brown Act Violation

Asked if he had a response to the allegations, Li referred to another meeting, saying, “It was the second meeting in June between the 32-minute and 38-minute marks. People can check and make their judgment.”

Asked if there was a Brown Act violation what would he do to cure it, Li responded, “I didn’t. I did nothing wrong.”

Other Agenda Items

The regular meeting will begin at 6:00 p.m. with the following three items:

  • a presentation from 4CD students to the Governing Board;
  • a special recognition for Diablo Valley College (DVC) and Los Medanos College (LMC) in the promotion of Associate Degrees for Transfer; and
  • Board Report No. 20A a public hearing on ward equalization based on the 2020 Census presented for approval is a Resolution Approving Adjusted Trustee Ward Areas Based on 2020 Census. (See related article)

Other highlights of the meeting are:

  • Board Report No. 16A Contra Costa College will offer a new Associate in Science Degree for Transfer in Business Administration.
  • Board Report No. 16B DVC will offer a new Associate in Science Degree for Transfer in Business Administration.
  • Board Report No. 16D Your approval of this report will allow three different groups of DVC students to travel to Spokane, Washington, Honolulu, Hawaii and Washington, DC. These filed trips will allow students to participate in the Kennedy Center American College Theatre Festival, Aloha State Choral Festival and the National Student Advocacy Conference.
  • Board Report No. 19A As requested at the August 11, 2021, Governing Board meeting, an overview of ongoing work by Interact/SIG, including an expenditure report, timeline and market update will be presented.
  • Board Report No. 19C A listing of conferences of interest from January 2022 through February 2023 is presented for your information and planning purposes.
  • Board Report No. 20B In accordance with Education Code Section 72000, a regular Governing Board meeting on December 15, 2021, is proposed so that the annual organizational meeting to select officers for December 2021 to December 2022 can be held.
  • Board Report No. 20C This report is presented for approval to revise the 2021-22 Governing Board Meeting Calendar to accommodate the National Legislative Summit in Washington, DC that will be held in person in February 2022. Also presented for adoption is the 2022-23 Governing Board Meeting Calendar.

4CD Regular Governing Board Meeting – 12.8.21 agenda

The agenda for the above meeting and a memo highlighting certain reports are attached. The agenda can also be accessed at:  2021-12-08-GB Agenda

While Governing Board members will attend in person, audience members have the option of attending in-person or via Zoom.

If you are attending in person, public session will begin at 6:00 p.m. and will be held in the Second Floor Board Room.  Please note that according to Contra Costa Health Services and effective August 3, 2021, masks are required for everyone, regardless of vaccination status, in indoor public spaces such as businesses, classrooms and offices.

If you are attending remotely, please see the information below to access the meeting.

Meeting link:                https://tinyurl.com/2021-12-08-GB-Agenda

Meeting ID No.:           972 7628 0768

Passcode:                     205040

Phone option:               1.669.900.6833

Public Comment:  You may address an item on the agenda or a subject of your choice. The desired goal is to create an environment of mutual respect between participants of Governing Board meeting discussions; to enhance intellectual thought; and to insure that all present have an opportunity to present their views in an orderly fashion.  If you would like to make public comment at this meeting, please see the information listed on the attached agenda. A fillable public comment card is also attached within the agenda and included here: 4CD Board Mtg Public Comment Card

CC Community College Board proposed redistricting map keeps wards gerrymandered protecting incumbents

By 2 Comments

COE refers to County Office of Education and indicates the residence location of a county Board of Education Trustee. Source: 4CD. Additional city and community information added by the Herald.

Will hold their only public hearing on Wed., Dec. 8; staff’s one map makes few changes to wards, keeps six cities split, splits two more including Clayton, violates community of interest and compactness guidelines

By Allen Payton

The Contra Costa Community College District (4CD) will hold a public hearing at the December 8, 2021, Governing Board meeting to seek community input on a staff proposal to adjust trustee area boundaries and ensure population balance that keeps the wards gerrymandered with few changes to the politically drawn 2011 map. The regular meeting begins at 6:00 p.m., and will include a review of the proposed ward map based on population changes unveiled in the 2020 Census. (See related article)

The current trustee ward boundary map approved in 2011, was drawn to benefit the late Trustee Sheila Grilli, who represented Ward 3, and include Bay Point, where former Trustee Greg Enholm lives, in a separate district, so he couldn’t run against her, again. He was elected to the board the following year. The current map also benefited the late Trustee John Nejedly, who represented Ward 4, by including most of San Ramon with the more politically conservative portions of Antioch and Brentwood in East County.

It also combined the southern portions of Pittsburg with Concord, rather than use the hills as a natural boundary. It also splits Alamo from the rest of the San Ramon Valley, and includes Lamorinda with portions of Martinez and Hercules, as well as Rodeo and Crockett, again, not using the hills as a natural boundary. The trustee representing that ward must travel outside of their ward to get to the other sections. Such politically based drawing of representative district maps is referred to as gerrymandering.

Both the current and proposed maps violate two basic principles for drawing district or ward boundary maps including keeping communities of interest together and compactness. That’s in spite of the fact Board president Andy Li recently wrote “4CD is following a process to re-draw ward boundaries to ensure population balance and proportion as stipulated in Education Code. Other considerations presented and discussed at the Governing Board’s November 10, 2021, meeting, included ensuring compliance with the federal voter rights act, compact and contiguous areas, respecting communities of interest as much as possible, and respecting incumbency.”

However, respecting incumbency is not one of the guidelines in the state education code and is not a requirement for redrawing boundary maps. It’s a political consideration. For example, the Antioch School Board drew their area boundary map in 2019 resulting in two incumbents residing in the same district. The same can occur with the new college board ward map.

Proposed Trustee Wards Map

While the proposed trustee ward map has a total population deviation of just 1.7% between wards – which is closer to the intent of the Constitution of ensuring one-person-one-vote than the new map recently approved by the Board of Supervisors with a 9.77% population deviation between districts – it keeps things pretty much the same as the 2011 map. It continues to split Antioch, Brentwood, Pittsburg in East County, Martinez, Concord, Walnut Creek and one of the county’s smallest cities, Clayton, in Central County, and in West County, instead of splitting Pinole, as the current map does, the proposed map splits Hercules.

The proposed map indicates where the incumbents currently live, labeled as W’s and shows both Ward 2 Trustee and Board Vice President Judy Walters and Ward 3 Trustee Rebecca Barrett both live in Martinez.

The proposed map also indicates where the county Board of Education (labeled with A’s and COE for County Office of Education) trustees live, because that board normally uses the same map that the college board approves.

Source: 4CD

Incorrect List of Ward Member Cities and Communities for Both Maps

The staff report includes a list of cities and unincorporated communities associated with each ward for both maps. But it is incorrect. The correct information is as follows:

Ward 1 John E. Márquez 2011: El Cerrito, El Sobrante, Kensington, Richmond, San Pablo, parts of Pinole

2021: El Cerrito, El Sobrante, Kensington, Pinole, Richmond, San Pablo, and parts of Hercules

Ward 2 Judy E. Walters 2011: Alamo, Canyon, Crockett, Hercules, Lafayette, Moraga, Orinda, Port Costa, Rodeo, parts of Pinole, parts of Pleasant Hill and parts of Walnut Creek

2021: Alamo, Canyon, Crockett, Lafayette, Moraga, Orinda, Port Costa, Rodeo, parts of Clayton, parts of Hercules, parts of Pleasant Hill and parts of Walnut Creek

Ward 3 Rebecca Barrett 2011: Pacheco, parts of Bay Point, parts of Concord, parts of Martinez and parts of Pleasant Hill

2021: Pacheco, parts of Clayton, parts of Concord, parts of Martinez, parts of Pittsburg and parts of Pleasant Hill

Ward 4 Andy Li 2011: Blackhawk, Byron, Danville, Discovery Bay, San Ramon, Camino Tassajara, and parts of Antioch, parts of Brentwood and parts of Clayton

2021: Blackhawk, Byron, Danville, Discovery Bay, San Ramon, Camino Tassajara, parts of Antioch and parts of Brentwood

Ward 5 Fernando Sandoval 2011: Bay Point, Bethel Island, Clyde, Knightsen, Oakley, parts of Antioch, parts of Brentwood and parts of Pittsburg

2021: Bay Point, Bethel Island, Clyde, Knightsen, Oakley, parts of Antioch, parts of Brentwood and parts of Pittsburg.

Public Hearing In-Person and Online

The community is invited to participate in this conversation by either attending the meeting in-person at 500 Court Street, Second Floor Board Room, Martinez, California, or by joining the meeting via Zoom. A link to the public meeting is located on the 4CD website at www.4cd.edu in the December 8, 2021, Governing Board meeting agenda.

Special districts like 4CD are legally obligated to follow Education Code Section 5019.5, which highlights the process to follow, ensuring the population of trustee wards is balanced based on the changing demographics of the community. Community college districts are required to complete this process by February 28, 2022.

The first phase of this work began at the Governing Board’s November 10, 2021, meeting, when trustees received a presentation that outlined the demographic changes of Contra Costa County highlighted in the 2020 Census. Under the direction of legal counsel, 4CD research staff analyzed the 2020 Census information to develop the proposed ward map.

4CD Regular Governing Board Meeting – 12.8.21 agenda

The agenda for the above meeting and a memo highlighting certain reports are attached. The agenda can also be accessed at:  2021-12-08-GB Agenda

If you are attending in person, public session will begin at 6:00 p.m. and will be held in the Second Floor Board Room.  Please note that according to Contra Costa Health Services and effective August 3, 2021, masks are required for everyone, regardless of vaccination status, in indoor public spaces such as businesses, classrooms and offices.

If you are attending remotely, please see the information below to access the meeting.

Meeting link:                https://tinyurl.com/2021-12-08-GB-Agenda                       

            Meeting ID No.:           972 7628 0768

            Passcode:                     205040         

            Phone option:               1.669.900.6833          

Public Comment:  You may address an item on the agenda or a subject of your choice. The desired goal is to create an environment of mutual respect between participants of Governing Board meeting discussions; to enhance intellectual thought; and to insure that all present have an opportunity to present their views in an orderly fashion.  If you would like to make public comment at this meeting, please see the information listed on the attached agenda.  A fillable public comment card is also attached within the agenda and included here: 4CD Board Mtg Public Comment Card

Contra Costa college board to hold redistricting hearing Dec. 8, but no online mapping tool offered for public input

By 2 Comments

Source: 4CD

Only one proposed map to be presented by district staff, attorney and only one public hearing will be held; wards aren’t required to be equal in size, can have a 5% population deviation from average, so they can match the Supervisors’ new map; Trustees Walters, Sandoval committed to an independent redistricting body/commission during their 2020 campaigns; Sandoval will request it at Dec. 8 meeting; Board President Li offers to consider one after process is completed; deadline is Feb. 28, 2022

By Allen Payton

During their meeting on Nov. 10, the Contra Costa Community College District (4CD) Board of Trustees received a presentation about Ward Equalization Based on the 2020 Census. The process will begin during a public hearing at their Dec. 8 meeting, with one map presented by District staff and attorney, and must be completed by the end of February. However, there will be no online mapping tool for the public to use to submit proposed, alternative maps, like the Board of Supervisors and some cities like Antioch and Brentwood have offered. 111021-4CD Trustee Area Redistricting presentation

According to the 2020 Census, the population of the District is now 1,165,927 a growth of 116,902 since 2010. That results in an average ward population of 233,186. Ward 5 has experienced the greatest population growth in the previous decade and is now 7.1% over average. Although state education code requires the population of each ward be equal “as nearly as may be”, according to 4CD staff the wards can legally have a population deviation from one to the other as great as 10%, just like the Board of Supervisors are allowed. Their final map has a total deviation of 9.77%. (See related article)

The 2011 ward map splits a variety of cities, including Pinole in West County, Martinez and Concord in Central County, and Pittsburg, Antioch and Brentwood in East County. Concord, Pleasant Hill, Pacheco and portions of Martinez and Pittsburg are included in Ward 2 The map includes Clayton and portions of Antioch and Brentwood with Danville, San Ramon, Blackhawk and Camino Tassajara in the Ward 4. Alamo is included in Ward 2 with Walnut Creek, Lafayette, Moraga and Orinda, as well as Hercules, Rodeo and Crockett, and portions of Pinole and Martinez.

In which cities the current board members live will be taken into consideration. Ward 2 Trustee Dr. Judy Walters lives in Martinez, and Ward 5 Trustee Fernando Sandoval, a Pittsburg resident, were elected last year. Ward 1 Trustee and Richmond resident, John Marquez, Ward 3 Trustee Rebecca Barrett who also lives in Martinez and Ward 4 Trustee Andy Li, a San Ramon resident, are up for election, next year.

According to the staff report on the Nov. 10th presentation, “Pursuant to Education Code Section 5019.5, following each decennial federal census, and using population figures as validated by the Demographic Research Unit of the Department of Finance as a basis, the governing board of each school district or community college district in which trustee areas have been established, and in which each trustee is elected by the residents of the area the trustee represents, shall adjust the boundaries of any or all of the trustee areas of the district such that the population of each is, as nearly as may be, the same proportion of the total population of the district as each of the other areas. 4CD must update ward boundaries as needed to achieve this equalization by February 28, 2022. The attached presentation is informational and represents the first phase of this process.”

Since there was nothing mentioning the districts ward equalization process on the 4CD website, several questions were asked of Executive Vice Chancellor Mojdeh Mezhdizadeh, in charge of the redistricting process, and District PIO Timothy Leong.

Q. Will there be an online mapping tool for the public to use to submit proposed maps on the district’s website, as other agencies, including Contra Costa County and the Cities of Antioch and Brentwood, as well as the state are offering.?

A. No. The process you are referring to are related to municipality actions being done in compliance with the Fair Maps Act, which are to be followed when cities and counties address the redistricting challenge following the 2020 Census. Community college districts are governed by different legal standards, specifically Education Code section 5019.5.

That code also reads:

“(a)(1) The population of each area is, as nearly as may be, the same proportion of the total population of the district as the ratio that the number of governing board members elected from the area bears to the total number of members of the governing board.

(2) The population of each area is, as nearly as may be, the same proportion of the total population of the district as each of the other areas.

(b) The boundaries of the trustee areas shall be adjusted by the governing board of each school district or community college district, in accordance with subdivision (a), before the first day of March of the year following the year in which the results of each decennial census are released. If the governing board fails to adjust the boundaries before the first day of March of the year following the year in which the results of each decennial census are released, the county committee on school district organization shall do so before the 30th day of April of the same year.”

Q. Will there be a hearing schedule for the public to participate in the process?

A. A public hearing on redistricting will be scheduled at the Governing Board’s December 8, 2021, meeting, to obtain community input on the District’s draft redistricting recommendation. In addition, a proposed draft map will be shared and described at this meeting.

Q. The presentation during the Nov. 10th board meeting and the staff report reads, “4CD must update ward boundaries as needed to achieve this equalization by February 28, 2022” and the “presentation is informational and represents the first phase of this process.” What is that process going to beand when, please? When will the next board meeting be held? It doesn’t show on the Board Docs webpage.

A. The presentation at the November 10, 2021, Governing Board meeting, was the first phase of the redistricting process. Since that meeting, 4CD research staff, under the direction of legal counsel, have been analyzing the 2020 Census information and are finalizing a draft recommendation to adjust the five wards in order to meet the population balance and proportions as required by Education Code.  This will be presented at the December 8, 2021, Governing Board meeting.

Q. Why doesn’t the board simply use the same map approved by the Contra Costa County Board of Supervisors? While I recognize there is a small portion of the county on the south end, east of San Ramon and Camino Tassajara is outside of the district. That would not change the deviation percentage much.

A. The development of supervisorial wards were done at a different time and separately from those of the 4CD trustees. The processes are also governed by different legal requirements. The College District is in the process of following applicable laws to meet the needs of its constituency.

Q. But why would that preclude the board from offering an online mapping tool for the public to use to submit proposed maps for consideration?

A. The opportunity for community input on 4CD’s redistricting process and proposal will be available during the Governing Board’s December 8, 2021, meeting. I understand you submitted a proposed redistricting map to the Board of Supervisors, and if you wish for our trustees to consider that map, I would recommend you submit it to Pat Kaya atpkaya@4cd.eduby December 3, 2021, so that it can be considered.

Q. Why will only one draft map be shared by staff at the Dec. 8 board meeting and not several alternatives?

A. Our recommendation to the Governing Board at the November 10, 2021, meeting, and based on past practice, was for staff to provide one map of a proposed adjustment to the ward boundaries. Trustees will have the opportunity to review the proposal at their December 8, 2021, meeting, and along with community input, can decide if it meets their approval or ask staff to make further adjustments to the proposal for review at their January 12, 2022, meeting.

Q. A very small portion of the county east of San Ramon and Camino Tassajara, is not in the 4CD, but is part of the Chabot-Las Positas Community College District. What is the population of the area of Contra Costa County not included in the district?

A. We are seeking the County’s assistance to determine the population of the county that is not covered within the 4CD service territory because we do not track that information.

Q. After reading that education code section, it appears school and college district boards must follow the same guideline as the U.S. House of Representatives in having equal population per district, with no 5% maximum deviation like the Board of Supervisors can have.

A. Legal counsel advises us that we do not follow the same standard as the House of Representatives. For example, school (districts) having a 10% and below deviation are presumptively balanced for legal purposes.

Q. In response Mezhdizadeh and Leong were asked, “does that mean a 5% deviation from average? If so, why can’t the maps created for the Board of Supervisors work for the college district?”

12/2/21 UPDATE: Leong responded, “We are required to assess based on variance, and our max is 10%. Based on the data we received from the 2020 Census, we learned the variance was over 10%, triggering the work to rebalance our wards. Our recommended draft ward boundaries now have a variance of 1.7%.”

As for using the map created for the Board of Supervisors, he responded, “That is a conversation and decision for the Governing Board to make.”

Regarding the population of the area of Contra Costa County not included in the district, Leong wrote, “According to the County Elections Office, Census Tract 3551.12 contains 116 census blocks, and has a population of 1,593.”

Two Trustees Committed to Independent Redistricting Body/Commission

During the 2020 election campaign, Ward 2 Trustee Dr. Walters said she would support an independent redistricting body to redraw districts, in response to a question from the League of Women Voters.

“After the 2020 Census is completed, districts will need to be redrawn in 2021. If elected, will you support an independent redistricting body to redraw districts? Why or why not?

Answer from Judy E. Walters: Yes, independent redistricting bodies have drawn impartial boundaries and avoid gerrymandering, or drawing district lines that benefit certain incumbent legislators and/or the political party in power.”

In response to the same question, Ward 5 Trustee Fernando Sandoval also gave his support for an independent redistricting commission.

“Answer from Fernando Sandoval: I will wholeheartedly support an independent redistricting commission to redraw districts for Contra Costa Community Colleges. Both the State of California and municipalities like the City of Berkeley and several others have passed measures to create commissions that are free of political influence. This, in turn, has ensured that the districts that are ultimately agreed upon are more representative of the communities of interest that reside there.”

Board Can Increase the Number of Trustees

That same code section also reads: “the authority to establish or abolish trustee areas, rearrange the boundaries of trustee areas, increase or decrease the number of members of the governing board, or adopt any method of electing governing board members may be exercised only as otherwise provided under this article.”

Q. Does that mean the college board can increase the number of trustees on the board and corresponding districts? If they choose to do so, does that need to occur during the redistricting process? What is the maximum number of trustees allowed on the board?

A. The Governing Board can decide to change the number of elected trustees at any time and does not have to coincide with this redistricting process. It is a completely separate topic from the post-census Redistricting process, which is the District’s main focus at this time in order to meet the February 28, 2022, deadline.

Questions for Trustees

In an email on Saturday afternoon, all five trustees were asked the following questions:

Will you support forming an independent redistricting commission of residents to assist you with the Ward Equalization, this year?

Will you also commit to basing the new boundaries on principles of:

  1. One person one vote with as little population deviation from one district to the other;
  1. Compactness;
  2. Communities of Interest – such as keeping all the San Ramon Valley cities and communities together, and not including East County with the San Ramon Valley as the current Ward 4 does; and
  3. Splitting the larger cities, first, such as Concord, Antioch and Walnut Creek

If you choose to have ward populations with a deviation as much as 10%, recognizing a very small portion of the county is not in the college district, why not simply adopt the same map the Board of Supervisors adopted?

Would you support increasing the number of trustees and corresponding districts to seven, as the Las Positas-Chabot Community College District and Peralta Community College District have? Why or why not?

Finally, in which city do each of you live? Only President Li includes that he lives in San Ramon in his bio on the 4CD website Board page. Since that will be a consideration in redrawing the ward boundaries, that’s important for the public to know when giving input to you during the process.

Board President Li Responds

Only Board President Li responded to the Herald’s questions with the following:

“The Contra Costa Community College District (4CD) is working closely with legal counsel to ensure we administer a fair and impartial redistricting process following Education Code section 5019.5. Since 2020 Census data was released about 6 months later than usual, 4CD did not receive the final 2020 census data until the last week of September and we are required to complete our post-census redistricting process by February 28, 2022 as required by law.

4CD is following a process to re-draw ward boundaries to ensure population balance and proportion as stipulated in Education Code. Other considerations presented and discussed at the Governing Board’s November 10, 2021, meeting, included ensuring compliance with the federal voter rights act, compact and contiguous areas, respecting communities of interest as much as possible, and respecting incumbency.

The questions in your November 27, 2021, email refers to your interest in obtaining support for an independent redistricting body to redraw our ward boundaries that could be consistent with ward areas similar to those recently approved by the Board of Supervisors. This was not the direction we provided staff during our November 10, 2021, public meeting.

If there was interest by the trustees to pursue this idea to completely redraw our ward boundaries and other proposals such as increasing the number of trustees, the Governing Board would place this item on a future meeting agenda so the conversation could be done publicly, and it would take place after we have rebalanced our existing wards based on populations changes outlined in the 2020 Census.

Regarding the use of a public mapping tool, the Governing Board did not feel this it was necessary to rebalancing the population as required by Education Code 5019.5. If, after the completion of the redistricting work is completed, and the Governing Board chooses to pursue the idea to completely revamp our trustee wards, a mapping tool could also be considered.”

Since he didn’t answer some of the questions, Li was asked the following, again: “If you choose to have ward populations with a deviation as much as 10%, recognizing a very small portion of the county is not in the college district, why not simply adopt the same map the Board of Supervisors adopted? Would you support increasing the number of trustees and corresponding districts to seven, as the Las Positas-Chabot Community College District and Peralta Community College District have? Why or why not?”

Four Other Board Members Asked, Again

The other four board members were sent the same questions, again asking for each of them to respond. In addition, Walters and Sandoval were specifically asked, “why didn’t you propose appointing an independent citizens commission for redistricting as you committed during your campaigns, last year?”

Sandoval Responds, Commits to Requesting Independent Commission

“The board in open session has not had a discussion on redistricting, yet because we haven’t seen the data,” Sandoval said when reached for comment. “I want to ensure the public has the opportunity to weigh in on the process and the work that will be done by district staff. That’s part of the transparency we need to have for the process.”

“I will fulfill my commitment to ask for the independent redistricting commission,” he added. “Speaking on my own behalf, I will also ask for more transparency.”

Regarding expanding the board to seven members, Sandoval said, “that’s something for the board to discuss. It isn’t something I ran on in 2016 or 2020 and was elected to do. But I’m open to having that discussion. Having seven board members is a mixed bag for several different reasons. But we have to discuss it and let the public weigh in on it.

Minutes of the November 10th board meeting was not yet available on the 4CD website as of publication time. It has been requested of Leong, Wednesday afternoon, Dec. 1. Minutes of past meetings are only available in the agenda of the next meeting. The Dec. 8 board meeting agenda is not yet posted on the 4CD’s Board Docs website. The links to the archive of board meeting videos are also not easy to find. They’re available, here: https://www.4cd.edu/gb/videos.html.

To contact each of the trustees, please see their phone and email contact information, here.

Please check back later for updates to this report.

Contra Costa Community College District students get access to online courses statewide

By Leave a Comment

Source: California Community Colleges

By Timothy Leong, PIO, 4CD

Contra Costa Community College District (4CD) colleges — Contra Costa College, Diablo Valley College and its San Ramon Campus, and Los Medanos College and its Brentwood Center — are among the first 15 colleges in the state to become Teaching Colleges on the California Virtual Campus – Online Education Initiative (CVC-OEI) Exchange cross-enrollment platform. CVC-OEI is designed to ensure more students are able to successfully complete their educational goals and achieve their higher education degree or certificate by increasing access to and success in high-quality online courses.

4CD students can now quickly enroll in online courses offered at other eligible community colleges in the state without completing another college application, and vice versa. In addition, transcripts and financial aid are also coordinated to streamline these processes for students.

“If students can’t find the class they need that suits their schedule at their own campus, the CVC-OEI Exchange provides an easy and seamless way for them take a course online at other community colleges in the system,” says 4CD Dean of Distance Education Joanna Miller. “This expanded access to online classes will ultimately help our students complete their educational goals and advance more quickly toward their careers or 4-year colleges.”

The CVC-OEI is a collaborative project among California’s community colleges and is funded by a grant disbursed by the California Community College Chancellor’s Office. CCC and DVC have been members of the CVC Consortium since 2018, with Los Medanos College joining in 2020. For more information about the CVC-OEI, visit https://cvc.edu/about-the-oei/ or contact Andrea Hanstein at ahanstein@cvc.edu.

About 4CD

The Contra Costa Community College District is one of the largest multi-college community college districts in California. The 4CD serves a population of 1,159,540 people, and its boundaries encompass all but 48 of the 734-square-mile land area of Contra Costa County. 4CD is home to Contra Costa College in San Pablo, Diablo Valley College in Pleasant Hill, Los Medanos College in Pittsburg, as well as educational centers in Brentwood and San Ramon. The District headquarters is located in downtown Martinez. For more information visit www.4cd.edu.

 

Contra Costa College District COVID-19 vaccine mandate for staff, students now in effect

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Photo source: CDC

Unanimous vote by trustees; all visitors, including vendors and subcontractors, required to complete health assessment prior to visiting a 4CD facility.

By Timothy Leung, Public Information Officer, Contra Costa Community College District

At their September 8, 2021, meeting, the Contra Costa Community College District (4CD) Governing Board passed a resolution on a unanimous vote establishing a COVID-19 vaccine requirement for all employees, and students who attend at least one in-person class or visits a 4CD facility or campus. All visitors, including vendors and subcontractors, are strongly encouraged to be vaccinated and will be required to complete a health assessment prior to visiting a 4CD facility. Ward 2 Trustee and Board Vic President Dr. Walters made the motion, and it was seconded by Ward 5 Trustee Fernando Sandoval. The vote was unanimous, including the student trustee. (See Item 21.A.)

The vaccine requirement became effective on Monday, November 1, 2021, in order to provide time for those currently unvaccinated to become fully vaccinated. The 4CD Governing Board determined that requiring vaccines for students and employees is necessary to ensure the health and safety of the 4CD community.

Employees and students can apply for a vaccination exception or deferral in the following situations: (a) medical excuse from receiving COVID-19 vaccine due to medical conditions or precaution; b) disability; (c) during the period of any pregnancy; or (d) religious objection based on a person’s sincerely held religious beliefs, practice or observance. When an exception or deferral has been approved, regular weekly COVID-19 testing with evidence of negative test results will be required for any unvaccinated person accessing District campuses or facilities.

4CD is evaluating various technology solutions that will track the vaccination status and test results in a secure system designed to protect the privacy of students and employees in accordance with applicable laws.

“In making this decision, 4CD reached out to its students, faculty, classified professionals, and managers and received overwhelming support to take this action,” said Chancellor Bryan Reece. “COVID-19 and its many variants will be with us for a while, so we must take prudent steps like this one so we can continue providing face-to-face instruction and services for our students, while ensuring we have a safe place to learn and work for our students and staff.”

4CD continues to monitor and adhere to health guidelines from federal, state and local health authorities, and advocates vaccination is the most effective way to prevent transmission and limit COVID-19 hospitalizations and deaths.

Visit 4CD’s website at https://www.4cd.edu/covid19/index.html for more information.

About the College District

The Contra Costa Community College District (4CD) is one of the largest multi-college community college districts in California. The 4CD serves a population of 1,019,640 people, and its boundaries encompass all but 48 of the 734-square-mile land area of Contra Costa County. 4CD is home to Contra Costa College in San Pablo, Diablo Valley College in Pleasant Hill, Los Medanos College in Pittsburg, as well as educational centers in Brentwood and San Ramon. The District headquarters is located in downtown Martinez. For more information visit www.4cd.edu.