Contra Costa Herald

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

Glover takes one year pass on gavel, hands chair to Mitchoff in her final year on Contra Costa Board of Supervisors

By Leave a Comment

New Contra Costa County Board of Supervisors Chair Karen Mitchoff and Vice Chair Federal Glover. Photos: CCC

County public meetings to continue online for 30 more days; COVID cases decrease by 27.9% over past two weeks

By Daniel Borsuk

In a show of respect for her 34 years of public service, retiring Contra Costa County Board of Supervisor Karen Mitchoff will manage the board’s gavel in 2022, a year when vice chair Federal Glover would have taken over the board leadership duties from current chair Diane Burgis of Brentwood.

Vice chair Glover of Pittsburg, who would have customarily been automatically approved by his supervisorial colleagues as chair for 2022, made the motion to transfer the board chair duties to Mitchoff as an act of respect for her public service dating back to 1981 in the office of late Contra Costa Sherriff-Coroner Richard Rainey as his executive secretary.

Glover, who represents District 5 on the board, will continue to serve as vice chair in 2022 and assume the chair duties in 2023.

Mitchoff of Pleasant Hill has served as District IV Supervisor since January 2011.

Supervisor Mitchoff had initially announced her candidacy for the position of Contra Costa County Recorder-Clerk when former officer holder Joe Canciamilla resigned and sentenced for violating Fair Political Practices Commission laws by spending more than $130,000 in campaign funds for personal uses. Mitchoff eventually stepped away from actively pursuing the County Recorder-Clerk post when Assistant Recorder-Clerk Debbi Cooper announced her candidacy and eventually won the supervisors’ approval to accept the top post.

“I talked to Supervisor Mitchoff, who plans to not run for reelection after next year, to serve as our chairperson as an honor,” said Supervisor Glover. “Therefore, I would make a motion to nominate Karen Mitchoff as chair for 2022 and Glover serve as vice chair for 2022.”

Glover’s motion passed on a 5-0 vote.

“I want to thank Mr. Glover to allow me to serve as board chair in my final year on the board,” said Mitchoff. “It shows how wonderful it is to be on this board. We are always respectful and kind.”

Mitchoff’s eventual departure raises the question of who might run for her position.

Among some of the potential candidates are Ken Carlson, a gay retired Concord police officer who serves on the Pleasant Hill City Council. Concord City Councilmember Edi Birsan has also frequently said he would run for the supervisorial post.

Mitchoff, a Portland, OR native, is a Cal State East Bay B.A. graduate in Human Development and has an elected and appointed public service record that includes election to the Pleasant Hill City Council in 2008 and service as mayor in 2010. She was appointed to the Pleasant Hill Recreation and Park District Board of Directors in 2003 and election to the Board of Directors in 2004 and 2006. From 1992 to 1996 she served on the Pleasant Hill Planning Commission.

Online Meetings for 30 More Days

The return of in person public meetings, especially at the Contra Costa County Board of Supervisors’ brand new $100 million county administration building in downtown Martinez, will be on hold for at least another 30 days because of Gov. Gavin Newsom’s signing of Assembly Bill 361. The law now allows public meeting to be held onlin through January 31, 2022. At least through November the supervisors and all county commissions and advisory panels – the Assessment Appeals Board, Merit Board, Planning Commission, and Measure X Advisory Commission – will continue to conduct meetings remotely.

The supervisor’s resolution states:

“The Board of Supervisors finds that in person meetings of the Board of Supervisors would present risks to the health or safety of the public, staff and officials attending meetings, in light of the high case rate of COVID-19 infections in the county.

“As authorized by Assembly Bill 361, effective immediately and for the next 30 days the Board of Supervisors, acting in all its capacities and all its subcommittees, will use teleconferencing for meetings with the provisions of Government Code section 54953e.”

County COVID-19 Cases and Vaccinations

In the meantime, the Contra Costa Health Services reported there were 1,532 COVID-19 cases reported in the past two weeks, for a 36.8 percent decrease. Seventy-three COVID-19 patients were hospitalized, a 27.9 decrease over the past two weeks, department records show.

The Contra Costa County Health Services also reported the county’s vaccination rate for residents ages 12 and older, who have received at least one dose of the COVID-19 vaccine, is 86.3 percent compared to a 75.9 percent national rate.

 

Gov. Newsom signs bill extending government agency online meetings through end of 2023

By Leave a Comment

But can choose to hold in-person meetings

By Allen Payton

On Sept. 16, Governor Newsom signed into law AB 361, entitled “Open meetings: state and local agencies: teleconferences,” extending the time period for online meetings of government agencies until Jan. 1, 2024. The current order allowing the online meetings until the end of this month, will expire on Oct. 1 under an executive order he signed, on Monday, Sept. 20.

According to the Legislative Counsel’s Digest, “This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.”

However, government agencies can still choose to return to meeting in person.

Two fire boards approve annexation of far east county fire district with larger Con Fire

By Leave a Comment

Contra Costa Fire and East Contra Costa Fire Protection Districts to move forward with applications to Local Agency Formation Commission

By Steve Hill, PIO, Contra Costa County Fire Protection District & Steve Aubert, Fire Marshal/PIO, East Contra Costa Fire Protection District

Contra Costa County Fire Protection District (Con Fire) and East Contra Costa Fire Protection District (ECCFPD) announced Monday, Sept. 20, 2021, their boards of directors have each approved resolutions for the annexation of ECCFPD into the Contra Costa County Fire Protection District. The agencies are now expected to make applications to the Contra Costa Local Agency Formation Commission (LAFCo) for formal approval of the annexation.

“Annexation into Con Fire is a huge victory for the businesses and residents of East Contra Costa,” said ECCFPD Board of Directors President Brian Oftedal. “We explored every option to fix this historically underfunded district and provide a better service delivery model. Annexation will improve response times, open fire stations and provide a paramedic level of service for our communities.”

ECCFPD was formed in November of 2002 by combining the Bethel Island Fire District, the East Diablo Fire District, and the Oakley Fire District.  It serves Brentwood, Oakley, Discovery Bay, Bethel Island, Knightsen, Byron and the unincorporated area to the Clayton city limits.

ECCFPD Service Area Map

“I am so excited and proud of the teamwork that has brought us to this point,” said District 3 Supervisor and Board Chair Diane Burgis, Contra Costa County Board of Supervisors. “With the Contra Costa County Board of Supervisors acting as the Con Fire fire board unanimously approving the request to formally apply for annexation of ECCFPD, and the ECCFPD board voting unanimously to move forward, we are a giant step closer to providing improved fire and rescue services in East Contra Costa County.”

“I look forward to continuing to work to push this across the finish line,” she added.

Once approved by LAFCo, Con Fire will absorb the firefighting staff, support staff, facilities and equipment of today’s ECCFPD and the newly merged organization will provide improved fire and emergency services to the more than 128,000 residents of eastern Contra Costa County. The annexation approval process is expected to take four-to-six months followed by operational and administrative consolidation of the two entities.

“I am pleased by the decisions of the two agencies’ boards, approving our requests to formally apply for annexation of East Contra Costa Fire into Con Fire,” said Chief Lewis Broschard of Con Fire. “I look forward to now beginning in earnest the implementation of this long-studied initiative that will provide more effective, efficient and safer fire and emergency services across our county.”

Benefits of annexation for residents are expected to include more coordinated, cohesive and streamlined fire and emergency services. While both fire districts already work very closely on mutual aid assignments across current borders, each maintains separate operations, training and administrative functions, creating potential for economies of scale by bringing the separate operational entities under one administrative structure.

Another important benefit will be better alignment of firefighting models across districts that could net both increased fire services and improved firefighter safety. Annexation is also expected to reduce current burdens on the agencies’ busiest stations by increasing resources within Battalion 5 in East County.

ECCFPD Chief Brian Helmick. Official photo

“ECCFPD’s citizens and businesses are one step closer to receiving adequate fire and rescue service levels,” said ECCFPD Fire Chief Brian Helmick. “My staff and I will continue to diligently work to ensure the remaining consolidation processes go through seamlessly and in a timely manner.”

When reached for comment, he added, “it still needs both LAFCo and state Board of Equalization approval. It is anticipated both those processes will go smoothly and we expect to be one agency by March 2022. It’s just a process issue. At this time, we have heard of no opposition to either board’s identical resolutions.”

Asked about what his new position will be, Helmick responded, “that’s still being worked out. We’ll probably know what that looks like in the next couple months. They’re working on finalizing positions for many people in the organization.”

The Contra Costa County Board of Supervisors, acting as the Con Fire Board, unanimously approved a resolution for Con Fire to annex East Contra Costa Fire in its regular monthly meeting on September 14, 2021.

The East Contra Costa Fire Protection District Board of Directors voted unanimously to move forward with consolidation with Contra Costa County Fire Protection District at a special Fire Board meeting on September 16, 2021. (See related article)

About Contra Costa County Fire Protection District (Con Fire) — A recognized fire service leader – – Con Fire provides fire and emergency medical services to more than a million people across its 304 square-mile District area, and through mutual aid, in and around the 20 cities and unincorporated communities of Contra Costa County, California. With few exceptions, county emergency ambulance transport services are provided by Con Fire through its unique sub-contractor Alliance model across the District and beyond to include some 520 square miles of the county. In 2020, the District responded to some 75,000 fire and EMS emergencies and dispatched some 95,000 ambulances, providing expert medical care on more than 74,000 ambulance transports. The District, with 26 fire stations and more than 400 employees, is dedicated to preserving life, property, and the environment.

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

Fire fighters protest COVID-19 vaccine mandate at Contra Costa Supervisors meeting

By 12 Comments

Goes into effect tomorrow, Sept. 17; Board supports LAFCO consolidation of fire departments

By Daniel Borsuk

With the clock ticking, a battalion of upset Contra Costa County Fire District fire fighters remotely protested before the Contra Costa County Board of Supervisors that they refuse to obey a “draconian” August 13 Contra Costa Health Services order requiring county first responders to be fully vaccinated or face termination.

The county health order that goes into effect Friday, Sept. 17 was drafted by Contra Costa County Health Officer Dr. Chris Farnitano and adopted by the board of supervisors in a closed session because of its employment ramifications for many veteran fire fighters and sheriff deputies and other first responders who might refuse to take the vaccine for personal, political or religious reasons.

Dr. Farnitano claims the tough vaccine employment order for first responders arises at a time the number of COVID-19 patients in county hospitals is on the rise.

But a check with the Contra Costa Health Department’s COVID-19 website shows there are 154 COVID-19 patients in county hospitals. That is down 9.3 percent over the past two weeks, the CCCHD website showed.

In addition, the county health department reported 2,421 active COVID-19 cases. That is down 45.9 percent from two weeks ago.

Nearly 85 percent of Contra Costa residents are vaccinated, county health department data shows. The national vaccination rate is 73.9 percent.

The new vaccine employment edict applies to fire department and sheriff office personnel. There were no personnel from the sheriff’s office who protested against Dr. Farnitano’s vaccination/employment order.

Nearly 40 firefighters, many with more than 20 years in service, from all ranks including engineers, firefighters, and captains, protested against the county health officer’s order.

“This is an infringement of our freedom of choice,” said Collin Spencer, a fire fighter/paramedic.

Upon opposing the vaccine mandate, fire fighter Nick Sandburg, a father of two with a “pregnant wife” commented, “I don’t think the vaccine is effective. I oppose the vaccine mandate. Just give us universal testing.”

“None of us took this lightly,” said District 4 Supervisor Karen Mitchoff. “This is about protecting the public.”

District 2 Supervisor Candace Andersen was more direct commenting “I am really shocked about the misinformation that our fire fighters have about the COVID-19 vaccine. Somewhere there is a big disconnect.”

It’ll be interesting what the fire fighters will do when the Sept. 17 deadline arrives. The county could be in a major fire crisis if large numbers of well trained, experienced fire fighters are let go especially during the start of the county’s peak fire season.

In the past month, there were 206 vegetation fires that CCCFD responded to and in one day there were seven structure fires, reported Contra Costa County Fire Department Chief Louis Brousard III.

Board Supports LAFCO Consolidation of Fire Departments

Supervisors, serving as commissioners of the Contra Costa County Fire District, pushed along on a 5-0 vote to have the Contra Costa Local Agency Formation Committee (LAFCO) to act on consolidating the Contra Costa County Fire Protection District and the financially struggling East Contra Costa Fire Protection District.

ECCFD board member Joe Young told supervisors he will oppose the consolidation at the district’s board meeting on Sept. 16 because the consolidated district will continue to inadequately fund fire services in Oakley, Brentwood, and Discovery Bay. Young not elaborate at the supervisors’ meeting.

“There are a lot of details that have yet to be addressed on consolidation,” admitted CCCFPD Fire Chief Broussard. “We’ll bring leaders from both organizations to make this a successful annexation.”

While giving Board Chair Diane Burgis credit for being a key player in the merger of the two districts, District 1 Supervisor John Gioia said the newly enlarged fire district will draw fire protection upgrades especially with equipment and personnel once “millions of dollars of Proposition X sales tax funds” pour into the district. Gioia was a big backer for the Prop. X ballot measure to appear on last November’s election ballot.

A proposal to consolidate the Rodeo-Hercules Fire District into the enlarged CCCFPD was not considered by the supervisors. That proposal was dropped.

 

Contra Costa restaurants, gyms, theaters must require proof of vax or COVID test as of Sept. 22

By 2 Comments

“How is it our responsibility to be the vaccine police!!” –  Contra Costa restaurant owner

“the peak of the surge seems to have passed” – CC Health Services

“We can’t give you an exact percentage of cases that can be attributed to restaurants and the other high-risk venues covered in the order.” – CC Health Services spokesman

No “Metric” for ending latest order; county wants “significant portion” of 5-11 year-olds vaccinated

By Allen Payton

Source: The Rutherford Institute.

Shades of Nazi Brown Shirts will begin next week in Contra Costa County as patrons of restaurants, gyms and entertainment venues will hear something a similar to the phrase used during World War II by the Hitler-led German regime, “Your Papers, Please!” That’s because as of Wednesday, Sept. 22, by order of the county’s unelected health officer, Dr. Chris Farnitano, those types of businesses in the county must require patrons show proof of vaccination or a recent negative COVID test in order to enter, even though “the peak of the surge seems to have passed” as mentioned in the press release from Contra Costa Health Services.

According to the press release, “The new order applies to businesses where people remove face coverings to eat or drink indoors, such as restaurants, bars and entertainment venues, and to gyms and other indoor fitness facilities, including yoga and dance studios, where patrons breathe more heavily due to exercise.”

The order was issued in the press release Tuesday afternoon which reads:

COVID-19 Proof of Vaccination or Test Required for Some Contra Costa Businesses

Contra Costa County joined San Francisco, Berkeley and other communities across the U.S. today with a countywide health order that increases COVID-19 safety in restaurants, gyms and other indoor businesses where there is elevated risk of the virus spreading.

The new order, effective September 22, requires patrons of these businesses to show proof they are fully vaccinated to enter indoor areas, or a negative COVID-19 test result from the past three days.

Contra Costa has endured a severe spike in COVID-19 cases and hospitalizations this summer due to the increasing prevalence of the highly infectious delta variant of the virus and unvaccinated residents.

While the peak of the surge seems to have passed, data show the county’s daily case rate remains as high as it was last February. There were 15 COVID-related deaths in Contra Costa from August 25 to 31, and 20 from September 1 to 7, the two highest seven-day totals since March. Unvaccinated residents account for 95.9% of the county’s deaths so far.

COVID-19 case rates are about five times higher in unvaccinated county residents compared to fully vaccinated residents, hospitalization rates are approximately 16 times higher, and death rates are approximately 22 times higher.

“This order is necessary now to save lives, protect our overburdened healthcare system, and slow the pandemic enough to keep our schools open,” said Dr. Chris Farnitano, Contra Costa County Health Officer. “Reducing community transmission of the virus now is key to preventing future spikes in cases from overwhelming our county’s hospitals during the winter months.”

The new order applies to businesses where people remove face coverings to eat or drink indoors, such as restaurants, bars and entertainment venues, and to gyms and other indoor fitness facilities, including yoga and dance studios, where patrons breathe more heavily due to exercise.

The order also includes a requirement for workers in indoor areas of these businesses to show proof of full vaccination against COVID-19 by November 1 or test weekly for COVID-19.

To show proof of vaccination, patrons must show photo ID and their vaccination record cards from the Centers for Disease Control & Prevention (CDC), or copies or pictures of their cards. Documentation from healthcare providers will also be accepted, as will digital COVID-19 vaccine records issued by the State of California.

Visit myvaccinerecord.cdph.ca.gov for a link to your digital vaccination, which can be downloaded on to your smartphone.

Visit cchealth.org/coronavirus for more information about this health order, or to find a safe, fast and free COVID-19 vaccination in Contra Costa County.

###

Restauranteurs Respond

Restaurant owners in the county responded to the news with frustration. “How is it our responsibility to be the vaccine police!!” shared one owner who chose to remain anonymous.

“Kiss the restaurants good-bye,” said another, also anonymously.

However, another restaurant owner said anonymously, “We need to contribute to the pandemic to get better.”

Questions For Health Services

In response, questions were sent to county health services staff asking, “what percentage of COVID cases in the county can be attributed to restaurants, indoor entertainment venues and gyms, please?”

In addition, they were asked, “why not include what other countries are requiring for those who want to travel there, which is proof of having COVID within the past three months, since those folks have higher levels of antibodies than those who have been vaccinated, especially those who have been five to eight months ago?”

09/16/21 UPDATE: No Percentages of Impact from Affected Businesses

Contra Costa Public Health Services spokesman Will Harper responded with the following: “We can’t give you an exact percentage of cases that can be attributed to restaurants and the other high-risk venues covered in the order. Due to the nature of these businesses, it is not always possible to identify all the patrons who were exposed and infected by a case at one of these sites.  What we can say is that indoor settings where people remove their masks, such as restaurants and bars, or where they breathe heavily, such as in a gym, increase the risk of COVID-19 transmission. As the order states, outbreaks have been documented in bars, gyms, and restaurants in California this year.

Currently there is no scientific consensus on the strength or duration of natural immunity after a covid-19 infection, or how reliably to measure this. For now, we felt most confident in requiring proof of vaccination. Vaccination is still recommended for people who have had Covid-19 to boost their immunity and protect them from a repeat infection from Covid-19. We have clear data showing that vaccinated people are more protected the unvaccinated people, regardless or prior Covid-19 infection history.”

9/17/21 UPDATE: No “Metric” for Ending Latest Order, County Wants “Significant Portion” of 5-11 Year-Olds Vaccinated

A follow up question was sent asking what factors Dr. Farnitano will use to determine when this latest order will end.

Harper responded, “While we have not defined a specific metric at this time, the key measures we will be looking at to inform when it is safe to lift indoor masking requirements and venue verification and test requirements include the impact on our health care system (have our Covid-19 hospitalization and ICU levels returned to June, 2021 levels), the impact on schools (are significant numbers of students missing out on classroom time due to illness, isolation and quarantine) and our community vaccination rates (which will be crucial to preventing another surge if other public health measures are relaxed), especially if we are able to vaccinate a significant portion of the 5-11 year-old population once the vaccines are approved for them. California learned an unfortunate lesson that the vaccination rates we had in June were not sufficient to prevent a serious surge without other interventions like indoor masking in place.”

Additional Questions Go Unanswered

Additional questions were sent to Harper, asking, why do you want to vaccinate a significant portion of the 5-11 population when such a minuscule percentage of that age group are contracting the virus and a much smaller number have died?

In addition, he was asked about one of his previous responses, how can it both be that “Currently there is no scientific consensus on the strength or duration of natural immunity after a covid-19 infection, or how reliably to measure this” and “We have clear data showing that vaccinated people are more protected than unvaccinated people, regardless of prior Covid-19 infection history”?

Please check back later for any other updates to this report.

Supervisors approve $75 million budget for new county office building in downtown Martinez

By Leave a Comment

Rendering of approved new county office building and plaza. Source: Contra Costa County staff presentation

To replace 12-story McBrien Building

By Daniel Borsuk

The Contra Costa County Board of Supervisors reacted swiftly to increasing interest among county workers to work in downtown Martinez by approving a $75 million budget and a $58,238,551 Design-Build Contract with Webcor Construction to raze the 60-year-old former 12-story administration building at 651 Pine Street and to erect a three-story office building and plaza that calls for the demolition of the old county jail. (See presentation)

Supervisors approved the contract on a 5-0 vote during their regular meeting on Tuesday. (See complete agenda)

Video screenshot of Eric Angstadt, Chief Assistant County Administrator in front of the old McBrien County Administration Building. Source: Contra Costa County.

The new, four-story County Administration Building on Escobar Street and Pine Street was completed last year, to replace the old, 12-story McBrien Building across the street that is slated to be demolished for the new three-story, 65,000 square foot office building. The new building will offer about 40,000 square feet of office space and 80 covered parking spaces on the ground floor and will be built. Both buildings were designed by the same firm, KMD Architects.

Over the muted protests of building preservationists like Sherill Grover of the Contra Costa Historical Preservation Coalition, Supervisors had already decided the costs were too far great and out of reach to rehabilitate and bring the present jail up to code.  The jail was constructed in 1901.

When District 2 Supervisor Candace Andersen asked why the jail cannot be preserved like old churches are preserved, Chief Assistant County Administrator Eric Angstadt answered by saying “it is cost prohibitive.” It would cost $1.2 million to $1.5 million to “fully remediate” the former jail, he said.

“A jail is a little bit different than preserving a church,” Angstadt added.  He said the City of Martinez is not interested in preserving the old jail.

The new County Administration Building, across the street, was completed last year and dedicated in December. Source: KMD Architects

“This is really exciting!” exclaimed District 4 Supervisor Karen Mitchoff. She proposed that the new administration building exhibit somewhere photographs of all the supervisors in the county’s 171-year history and that a new time capsule be installed in the new building.  The county was founded in 1850.

Angstadt said the Vermont granite used to construct the old jail could be cut and reused for the proposed plaza across the street from the 651 Pine St. office building.  Plans are on the drawing boards to permanently close Pine Street to vehicular traffic, but that proposal requires City of Martinez approval.  County officials expect the City of Martinez to close Pine Street.

“We have had strong interest for downtown office space,” said Angstadt. Among some of the potential tenants moving into the new 65,000 square foot three-story building are the County law library, sheriff, and probation.

Demolition of the old 651 Pine St. building will begin in November and should be completed by September,2022 said Angstadt. The new office building should be completed by April 2024.

COVID-19 UPDATE

Contra Costa County’s Deputy Health Officer Ori Tzvielli issued an optimistic picture on the COVID-19 scene in the county saying, “Our case numbers are coming down.”

According to the Contra Costa Public Health Department, the county’s COVID-19 case load is down 36.8 percent with 2,910 cases.  The department also reported 186 persons are hospitalized with COVID-19. The hospitalization rate is down 11.2 percent.

On the vaccination front, the county is showing progress.  The county’s vaccination rate is 84.4 percent in comparison to 73.1 percent nationally.

“The best thing you can do is to get vaccinated,” said Tzvielli.  He expects five- to 11-year-olds to soon get the vaccine.

Set October 6 as Clean Air Day

To encourage Contra Costans to use public transit, supervisors passed a resolution setting October 6 as Clean Air Day.  Last year more than 1.5 million persons rode free transit in the Bay Area.

Recognize Tom Aswad

Supervisors also recognized the retirement of Tom Aswad and his 22 years of service as founder of Discovery House, a 41-bed men’s residential treatment program.

Allen Payton contributed to this report.

 

DeSaulnier to hold Town Hall with U.S. Senator Alex Padilla Monday

By 1 Comment

Rep. Mark DeSaulnier and U.S. Senator Alex Padilla. Official portraits.

By Rep. Mark DeSaulnier

Earlier this year, my good friend and former colleague Alex Padilla joined the United States Senate representing California. With both of us having decades of experience fighting for California, I am excited for this new chapter in our work together. To share more about our work, Senator Padilla and I will host a virtual town hall on Monday August 30th from 12:00 – 12:30 p.m. PT. Please join us to hear how U.S. House and Senate Democrats are working together to help American families and to advance our goals on infrastructure, climate change, gun safety reform, and more.

To join this conversation and ask a question, click here and RSVP before 10:00 a.m. PT Monday. You will receive the Zoom login information via email prior to the event. We hope to see you there!

Contra Costa, Bay Area health officials issue orders requiring indoor masking beginning Tuesday

By 8 Comments

Graphic by State of California from Gov. Newsom’s Wear a Mask campaign.

Also includes Counties of Alameda, Marin, San Francisco, San Mateo, Santa Clara, and Sonoma, and the City of Berkeley; Napa and Solano Counties not included

With the COVID-19 Delta variant now infecting a small percentage of vaccinated people as well as many unvaccinated people, eight Bay Area health officers have issued health orders requiring masks indoors in public places.

The orders require all individuals, regardless of vaccination status, to wear face coverings when indoors in public settings, with limited exceptions, starting at 12:01 a.m. on Tuesday, August 3rd.

Vaccines remain the most powerful tool in the fight against COVID-19, including the Delta variant. Nonetheless, the Delta variant is infecting a small percentage of the vaccinated in the Bay Area — who still remain strongly protected against severe illness, hospitalization, and death. In those instances of infection in a vaccinated person, a face covering prevents further spread. Bay Area health officials urge all unvaccinated residents 12 and older to get vaccinated as soon as possible.

“We must act now to protect ourselves, our loved ones and our community. If you are eligible to get a COVID-19 vaccine and have not yet done so, please do not wait any longer,” said Dr. Chris Farnitano, health officer for Contra Costa. “During July the number of hospitalized COVID-19 patients in our county increased 400%. Four out of five of the COVID patients we see are not vaccinated, even though only one out of five Contra Costa adults are not vaccinated.”

These health orders aim to reduce community transmission of COVID-19 and protect everyone. Health officials are very concerned by the substantial levels of community transmission now found across the Bay Area, especially among unvaccinated people. In part, this is due to the widespread COVID-19 Delta variant, which is substantially more transmissible than previous forms of the virus. Recent information from the Centers for Disease Control and Prevention also indicates that even fully vaccinated individuals can in some cases spread the Delta variant to others, and so indoor use of face coverings provides an important added layer of protection.

The new Health Orders require wearing a well-fitting mask indoors in public settings. Indoor settings, whether public or private, are higher risk for COVID-19 transmission, especially when you are with people you do not live with. Health officials also recommend that all employers make face coverings available to individuals entering their businesses, and businesses are required to implement the indoor face covering order.

Today’s Health Orders are consistent with guidance from the Centers for Disease Control and Prevention and the California Department of Public Health, which recommend that fully vaccinated individuals wear masks while in indoor public settings. Bay Area Health Officers will continue to monitor data, including increasing vaccination throughout the region, to determine when the Orders can be adjusted or lifted.

For more information about COVID-19, and how to get a free vaccine near you, visit cchealth.org/coronavirus.

 

California court rules in favor of churches, sets state-wide injunction against Newsom’s “discriminatory restrictions”

By Leave a Comment

Governor must pay $1.35 million to reimburse churches’ attorney’s fees and costs

Photo courtesy of Liberty Counsel.

By Liberty Counsel

On Monday, May 17, 2021 a California District Court entered an order approving Liberty Counsel’s settlement of the lawsuit on behalf of Harvest Rock Church and Harvest International Ministry against California Gov. Gavin Newsom. The full and final settlement was approved today the District Court and thus is the first state-wide permanent injunction in the country against COVID restrictions on churches and places of worship.

This is the first state-wide permanent injunction in the country against COVID restrictions on churches and places of worship. Under the agreed state-wide permanent injunction, all California churches may hold worship without discriminatory restrictions.

Under the settlement, California may no longer impose discriminatory restrictions upon houses of worship. The governor must also pay Liberty Counsel $1,350,000 to reimburse attorney’s fees and costs.

The settlement references several Supreme Court opinions, including Harvest Rock Church v. Newsom, that include a long list of similar nonreligious activity the High Court set forth as comparable gatherings. These include grocery stores, warehouses, big box stores, transportation, infrastructure, telecommunications, and much more. In other words, churches and places of worship may never again have discriminatory restrictions placed on them that are not equally applied to a long list of “critical infrastructure” or “essential services” as outlined in several Supreme Court precedents cited in the settlement agreement.

Pastor Ché Ahn, founder of Harvest Rock Church and Harvest International Ministry, received a letter from the Pasadena Criminal Prosecutor threating him, the staff, and anyone who attends church with daily criminal charges each up to one year in prison, and daily fines of $1,000. Despite this intense opposition, Pastor Ahn stood against these unconstitutional executive orders. He risked criminal charges and fines, as did those who worked for the church and those who attended. Thanks to his leadership, every church in California is now free.

Newsom originally imposed the most severe restrictions on churches and even home Bible studies and worship in the nation. Now after multiple reprimands from the U.S. Supreme Court, including two on behalf of Harvest Rock Church and Harvest International Ministry, Gov. Newsom will be the first governor in America to have a permanent injunction against him on behalf of houses of worship.

This case involved three emergency injunctions pending appeal at the Ninth Circuit Court of Appeals, two oral arguments before a panel of three judges, two orders from the U.S. Supreme Court, including an injunction pending appeal issued by the High Court on February 5, 2021.

The timeline for actions regarding California’s worship restrictions include:

March 19, 2020 – May 25, 2020: No Worship

May 26, 2020 – July 12, 2020: 25 percent capacity but no more than 100 people

July 13, 2020 – April 8, 2021: No worship for over 90 percent of California

April 9, 2021 – April 12, 2021: Restrictions on home Bible study lifted but not on singing and chanting

April 13, 2021 – May 9, 2021: Mandatory attendance limits are lifted

May 17, 2021 – and Forever: Discriminatory restrictions on churches permanently removed

Under the settlement agreement, discriminatory restrictions on worship and religious gatherings may no longer be applied to churches and places of worship.

Last year, the U.S. Supreme Court granted an emergency petition for an injunction pending appeal on behalf of New York City synagogues and Roman Catholic churches in Roman Catholic Diocese of Brooklyn v. Cuomo and Agudath Israel v. Cuomo. On December 3, 2020, the High Court granted the petition by Harvest Rock Church and Harvest International Ministry, setting aside all the lower court orders and directing them to follow its ruling in Roman Catholic Dioceses. When the lower courts refused to strike down California’s restrictions, the case returned to the Supreme Court.

On February 5, 2021, the U.S. Supreme Court ruled in favor of Harvest Rock Church and Harvest International Ministry by enjoining California’s total ban on indoor worship. This was the second time Liberty Counsel appealed to the High Court on behalf of these churches. The ruling also included South Bay United Pentecostal Church.

On April 9, the U.S. Supreme Court granted an emergency injunction pending appeal in Tandon v. Newsom and ruled that Gov. Newsom’s restrictions on home Bible study and worship violate the First Amendment.

Pastor Ché Ahn said, “This is a momentous day for churches in America! After nearly a yearlong battle defending our religious freedoms, our lawsuit has reached a permanent settlement in our favor. I am thrilled to see the complete reversal of the last discriminatory restrictions against churches in California, knowing this case will act as a precedent, not only in our state, but also in our nation. We are incredibly grateful to our attorney Mat Staver and to Liberty Counsel for their relentless support and fierce determination. Most of all, we give all the glory to God for moving mightily in this historic season!”

Liberty Counsel Founder and Chairman Mat Staver said, “Governor Gavin Newsom’s COVID restrictions intentionally discriminated against churches while providing preferential treatment to many secular businesses and gatherings. The Supreme Court intervened multiple times to provide relief. California may never again place discriminatory restrictions on churches and places of worship. Gov. Gavin Newsom has now been permanently quarantined and may not violate the First Amendment rights of churches and places of worship again. We are grateful for Pastor Ché Ahn, Harvest Rock Church, and Harvest International Ministry. Pastor Ahn’s leadership and courage has toppled the tyranny and freed every pastor and church in California.”

 

Contra Costa Supervisors approve $4.06 billion 2021-22 budget thanks to federal funds

By Leave a Comment

Source: CCC Administrator

Balance budget based on keeping 879 positions unfilled

By Daniel Borsuk

The Contra Costa County Board of Supervisors voted 5-0 on Tuesday to approve a $4.06 billion 2021-22 budget that increases staffing especially for public health, the sheriff-coroner and district attorney. It’s an increase of $80 million from the 2020-21 fiscal year budget of $3.98 billion.

During the 2021-22 fiscal year, county officials expect to spend $1.78 billion in local general funds and yet to be determined amount of Measure X sales tax funds that voters approved last November.

Supervisors learned President Biden’s American Rescue Plan will bring to Contra Costa County’s coffers $233 million over the next 24 months of which the first $116.5 million installment will be delivered later this month.

In addition, County Administrator Monica Nino said by keeping 879 positions unfilled the action will save the county $115 million and allows the county to achieve a balanced budget.  Nino cut one position from her staff, a person who was assigned to census outreach and activities, a position that is no longer needed since the census has been completed.

Among other staffing reductions or additions, three vacant positions in the Assessor’s Office will be eliminated, but the District Attorney’s Office will pick up one new position, a District Attorney Senior Inspector for Real Estate Fraud and Prosecution.

Twenty-five unfilled Employment and Human Services positions will be eliminated in Child Welfare and Community Services, but the Sheriff-Coroner can hire 10 deputies to be assigned to acute psychiatric and mental health in detention services.

Next fiscal year, 39 new mental health workers will be hired in Health Service’s to beef up the Mental Health Community Support Unit to enhance conservatorship and guardianship issues.

Source: CCC Administrator

Public Comments, Complaints

Supervisors once again got an earful of complaints from citizens that supervisors still plan to fund Sheriff-Coroner David Livingston’s request to hire 10 deputies to be assigned to mental wards at the Martinez jail and Richmond detention center.

Speakers, including the mother of Miles Hall, who was killed by a police officer in Walnut Creek, requested supervisors not approve Sheriff-Coroner Livingston’s staffing request but to consider donating the funds to the non-profit Miles Hall Foundation.

Dan Geiger of the Budget Coalition objected to the request from the Sheriff-Coroner to hire 10 deputies because Sheriff-Coroner Livingston will have hired 24 new deputies over a two-year span.  “If the Sheriff needs 10 more sheriff deputies, he needs to find the money elsewhere in the budget,” Geiger said.

District 1 Supervisor John Gioia of Richmond responded to the sheriff-coroner’s critics by saying the county is bond by the Prison Law Office settlement to spend $250 million over 5 years to improve jail conditions for prisoners requiring mental health services.

“The reason why 10 deputies are being hired is due to the settlement to improve jail conditions and to comply with the Prison Law Office settlement,” Gioia said.

During the upcoming 2021-2022 fiscal year, Supervisor Gioia requested county officials provide reports on the potential closures of the Marsh Creek Detention Facility that houses 28 inmates and is staffed with 15 sworn and five non-sworn Sheriff’s Office employees, and on the future of juvenile hall.

Countywide Curb Ramp Project Contract Awarded to Second Lowest Bidder

Instead of approving the lowest bid, supervisors approved the second lowest bid of $1,172,074 from Sposeto Engineering Inc. when the lowest bidder, Burch Engineering & Construction, Inc. had given timely written notice to the county of a “mistake made in the filing of Burch’s bid and that it be relieved of the bid.”

Supervisors unanimously approved the Sposeto Engineering bid for the countywide curb ramp project. Burch Engineering & Construction Inc. had submitted a bid of $875,954 for the curb ramp project before alerting the county about an error in its bid.

Three other bids that were submitted for the project were Kerox Engineering Inc., $1,390,408; J.J.R. Construction Inc., $1,398,702; and FBD Vanguard Construction, Inc., $1,406,522.

Pay Respects to County Counsel Anderson and former Public Works Director Shiu

Supervisors paused to pay respects to two county employees, county counsel Sharon Anderson, who passed away on April 28 and former county Public Works Department Director Maurice Shiu, 74, who passed away recently from Stage IV Pancreatic Cancer.

Shiu, who was born in Guangzhog, China on Dec. 6, 1946, but moved with his parents to Hong Kong where upon graduation from high school  moved to the United States to attend the University of California at Berkeley where he received Bachelor’s of Science and Masters of Science degrees in Civil Engineering. He met his wife Esther at UC Berkley.

During his distinguished career at Public Works, Shiu’s major accomplishments included the Willow Pass Grade Project and the State Route 4 Bypass Project. He was president of the Contra Costa County Engineers Association.

Shiu retired in 2008.  He is survived by his wife Ester, two children – Perkin and Vanessa and his four grandchildren – Jaden, Justin, Noelle and Gabriella.

“It’s a loss to our county and our department,” said current Public Works Department Director Brian Balbas. “Maurice was very tactful and active in transportation.  He was very good at preparing me for the challenges that I face as Public Works Director.”

“He worked on the Highway 4 widening,” said District 5 Supervisor Federal Glover. “He was so brilliant on that project.  He was very helpful with me and he had a great sense of humor.”

For the past 37 years Sharon Anderson, a resident of Benicia and a graduate from the University of the Pacific’s McGeorge School of Law, has been known as a dedicated and hardworking lawyer for the county. She died on April 30. The cause of death was not released.

“She was such a wonderful person,” said District 4 Supervisor Karen Mitchoff.

Upon recognizing Anderson’s leadership and mentoring skills District 5 Supervisor Glover said the county is in great shape legally and with its successor, most likely Assistant County Counsel Mary Ann Mason.

“Sharon was so well-grounded. What I loved about Sharon was that she did not take herself so seriously,” said District 2 Supervisor Candace Andersen of Danville.  “I am grateful we have Mary Ann Mason.”