Contra Costa Herald

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

Contra Costa County seeks applicants for Juvenile Justice Coordinating Council

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The Contra Costa County Board of Supervisors is seeking applicants interested in serving on its 20-member Juvenile Justice Coordinating Council (JJCC).  The JJCC currently has vacancies for two (2) At-Large Youth and one (1) At-Large Community-Member Representatives.

The JJCC is a multiagency advisory body that informs the development and implementation of a countywide juvenile justice plan composed of several critical parts, including, but not limited to an assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol and youth services resources which specifically target both at-promise as well as system-involved youth, and their families. The JJCC will also coordinate on a countywide basis the work of those governmental and non-governmental organizations engaged in activities designed to reduce the incidence of juvenile crime and delinquency in the greater community, develop information and intelligence-sharing systems to ensure that county actions are fully coordinated, and provide data and appropriate outcome measures.

The Juvenile Justice Coordinating Council is composed of the following 20 members:

Ten (10) Ex‐Officio Members:

  • Chief Probation Officer, as Chair
  • District Attorney’s Office representative
  • Public Defender’s Office representative
  • Sheriff’s Office representative
  • Board of Supervisors’ representative
  • Employment and Human Services Department representative
  • Behavioral Health Services representative
  • Alcohol and Other Drugs Division representative
  • Public Health representative
  • Juvenile Justice Commission Chair

Ten (10) Additional Members, appointed by the Board of Supervisors, as follows:

  • City Police Department representative
  • County Office of Education or a School District representative
  • Four (4) At-Large members, residing or working within Contra Costa County
  • Two (2) Community-Based Organization representatives
  • Two (2) At-Large youth, fourteen to twenty-five years old and residing or working within Contra Costa County

Appointments to the Juvenile Justice Coordinating Council will be for a term of two years ending June 30, 2023. The JJCC meets monthly October through April and bi-monthly the remainder of the year. Members have the option to serve on three (2) two subcommittees that each currently meets monthly.

The application deadline is 5 pm on May 10, 2021. All timely applicants will be invited to the public interview process conducted by the Board of Supervisors’ Public Protection Committee: Supervisors Candace Andersen, District II, and Federal Glover, District V. This committee will then recommend a selection of applicants for the Board of Supervisors to appoint to the Racial Justice Oversight Body.

Below is a complete timeline of this recruitment process to fill the three (3) vacant JJCC seats:

  • May 10: Final Day of the Application Period, due by 5 pm
  • May 24: Public Protection Committee Meeting: Interviews
  • June 8: Board of Supervisors Appointments

Application forms can be obtained from the Clerk of the Board of Supervisors by calling (925) 655-2000 or by visiting the County webpage at www.contracosta.ca.gov/3418. Completed applications should be emailed to ClerkoftheBoard@cob.cccounty.us. Applications can also be mailed to the Clerk of the Board of Supervisors Office at 1025 Escobar Street, 1st Floor, Martinez, CA 94553.

 

State says Measure T’s growth limitations in Antioch’s Sand Creek area “cannot…be adopted implemented or enforced”

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The Let Antioch Voters Decide: The Sand Creek Area Protection Initiative known as Measure T on the November 2020 ballot cannot be implemented.

Violates state law known as SB330, the Housing Crisis Act of 2019

Would have devalued property by over 99%, downzoning it from 2 homes per acre to 1 home per 80 acres

Cities and counties must approve new homes or face hefty fines which will fund low-income housing

By Allen Payton

As was reported in news articles and an editorial by the Herald during the 2020 fall election campaign, the state has issued an opinion letter confirming that the residential growth limitations in Measure T on the November ballot, “cannot permissibly be adopted, implemented or enforced.” That’s due to the passage of SB330, the Housing Crisis Act of 2019, which went into effect on Jan. 1, 2020, also as previously reported. Known as the Let Antioch Voters Decide: The Sand Creek Protection Initiative, the measure passed by almost 79% of the vote.

SB330 added Section 66300 to California Government Code so that cities cannot reduce zoning on residential property by either council action or citizen initiative until Jan. 1, 2025.  Also, if a city council doesn’t approve new housing within existing allowable zoning, the new law requires a court to fine the city a minimum of $10,000 per housing unit denied and force the city to approve the new homes.

SB330 and State Housing Law

The language of SB330 reads, “(c) It is the intent of the Legislature, in enacting the Housing Crisis Act of 2019, to do both of the following: (1) Suspend certain restrictions on the development of new housing during the period of the statewide emergency described in subdivisions (a) and (b). (2) Work with local governments to expedite the permitting of housing in regions suffering the worst housing shortages and highest rates of displacement.”

Furthermore, the act reads, “The Legislature finds and declares that the provision of adequate housing, in light of the severe shortage of housing at all income levels in this state, is a matter of statewide concern and is not a municipal affair…Therefore, the provisions of this act apply to all cities, including charter cities.”

In addition, the new law reads, “with respect to land where housing is an allowable use, an affected county or an affected city shall not enact a development policy… that would  have any of the following effects: Changing the general plan land use designation, specific plan land use designation, or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district below what was allowed under the land use designation and zoning ordinances of the affected county or affected city, as applicable, as in effect on January 1, 2018.”

Also, the new law amended Section 65589.5 of the Government Code that reads, “the court shall impose fines on a local agency… in a minimum amount of ten thousand dollars ($10,000) per housing unit in the housing development project on the date the application was deemed complete.” Furthermore, the law requires, “the local agency shall commit and expend the money” from the fines “for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households.”

So, not only will the new homes in the development that was denied be built, but the city will be fined and the funds from them must be used to build additional, low-income housing.

Finally, According to the HCD, “Since 1969, California has required that all local governments (cities and counties) adequately plan to meet the housing needs of everyone in the community. California’s local governments meet this requirement by adopting housing plans as part of their ‘general plan’ (also required by the state). General plans serve as the local government’s ‘blueprint’ for how the city and/or county will grow and develop and include seven elements: land use, transportation, conservation, noise, open space, safety, and housing. The law mandating that housing be included as an element of each jurisdiction’s general plan is known as ‘housing-element law.’

California’s housing-element law acknowledges that, in order for the private market to adequately address the housing needs and demand of Californians, local governments must adopt plans and regulatory systems that provide opportunities for (and do not unduly constrain), housing development. As a result, housing policy in California rests largely on the effective implementation of local general plans and, in particular, local housing elements.” Each of the regions in the state must develop a plan for their Regional Housing Needs Allocation and Housing Elements.

The Bay Area’s current Regional Housing Need Allocation Plan (RHNA) projected 187,990 units needed between Jan. 31, 2015 and Jan. 31, 2023 and another 441,176 units needed between 2023 and 2031, according to the HCD and the Association of Bay Area Governments. In the latest RHNA, it requires Antioch to add 2,481 more housing units by 2030. (See related article)

City of Antioch Letter to HCD Regarding Measure T & SB330

A letter was sent on Jan. 8, 2021 from an attorney hired by the City of Antioch to the California Department of Housing and Community Development (HCD) seeking their advice and opinion on implementing Measure T. In that letter, attorney David Mehretu of Meyers Nave asked Paul McDougall, Housing Policy Manager for HCD to review Measure T for a determination of its “validity under SB 330 as follows:

  1. Whether Measure T’s housing development restrictions are proscribed under Section 66300(b)(1)(A) of the Government Code.
  2. Whether, pursuant to Sections 66300(b)(1)(B)(i) and (ii) of the Government Code, Measure T’s housing development restrictions constitute “a moratorium or similar restriction or limitation on housing development . . . within [Sand Creek] . . . to specifically protect against an imminent threat to the health and safety of persons residing in, or within the immediate vicinity of [Sand Creek] . . . ”.
  3. Whether Measure T acts as an impermissible cap on housing pursuant to Section 66300(b)(1)(D)(ii) of the Government Code; and
  4. Whether Antioch may, consistently with SB 330, enforce Measure T’s housing development restrictions.”

Response Letter from HCD Explains Why Measure T Violates State Law

In a March 9th letter in response, McDougall wrote, “the City requested the California Department of Housing and Community Development’s (HCD) opinion as to the enforceability of a reduction in the intensity of land use included in the City’s voter-approved initiative Measure T.”

“HCD’s opinion is based on the mandatory criteria established by the Legislature with the passage of Senate Bill 330 in 2019, known as the Housing Crisis Act of 2019, which added section 66300 to the Government Code,” McDougall wrote.

“HCD finds that the less intensive use provisions of Measure T are impermissible under Government Code section 66300,” and “Measure T effectively acts as a ‘…cap on the number of housing units that can be approved…’, a violation of Government Code section 66300…”, he wrote.

McDougall offered one caveat writing, “the City could enforce the reduction in intensity contemplated in Measure T, notwithstanding this opinion, if and when it concurrently changes the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure that there is no net loss in residential capacity.” However, he further wrote, “nothing in Measure T provides for an equal increase in intensity of land use elsewhere in the jurisdiction, therefore, these provisions of Measure T cannot be permissibly adopted, implemented, or enforced consistent with Government Code section 66300.”

He concludes his letter offering the state’s opinion that Measure T is impermissible.

“Measure T appears to have been drafted to assure that housing development in the City is restricted in a manner that preserves agriculture and open spaces (Measure T, section 1). However, there is minimal analysis in Measure T to support this outcome. Measure T language more readily suggests it was passed primarily with the intent to restrict future housing development as opposed to accommodating future residential growth as intended in the City’s general plan,” the HCD Housing Policy Manager continues.

“In sum, the provisions of the voter-approved Measure T result in a lesser intensity of land use and create a development cap, resulting in a reduction in the total number of housing units that can be built within the Initiative Area than what is currently allowed in the City’s General Plan. Accordingly, HCD is of the opinion that such a reduction in the intensity of land use created by Measure T cannot permissibly be adopted, implemented, or enforced consistent with Government Code section 66300,” McDougall concluded.

Measure T is Moot, Cities and Counties Must Approve New Homes or Face Fines

Therefore, as previously reported, the state has confirmed that Measure T, which would have devalued four privately owned parcels on the west side of Deer Valley Road by over 99% from two homes per acre to just one home per 80 acres, is moot and will have no impact on the development of new housing in Antioch. It would have affected less than 900 housing units remaining of the total 4,000 homes allowed in the City of Antioch’s Sand Creek Focus Area of the general plan. But now those housing projects will move forward in the planning process.

Furthermore, the council must adopt all new housing projects in the Sand Creek area and anywhere else in the city, as do all other cities and counties, until Jan. 1, 2025, which don’t require any zoning changes or general plan amendments, or the city will face state fines of $10,000 per unit, at a minimum, and the homes will still be approved and allowed to be built, and the fines fund additional, low-income housing in the city, according to SB330.

 

 

Supervisors condemn xenophobia, hate crimes against Asian Americans, Pacific Islanders

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By Daniel Borsuk

A spike in assaults and crimes against Asian Americans and Pacific Islanders has triggered the Contra Costa County Board of Supervisors on Tuesday to publicly condemn the rising number of attacks. CCCBOS Resolution Condemning Xenophobia and Hate Crimes Against Asian American Pacific Islander (AAPI) Communities

Since the COVID-19 pandemic began in March 2020 there have been about 3,700 attacks on Asian Americans and Pacific Islanders in the San Francisco Bay Area.

On March 19, President Biden proposed $300 million to improve public safety for Asian Americans and Pacific Islanders.

“Too many Asian Americans have been walking up and down the streets and worrying, waking up each morning the past year feeling their safety and the safety of their loved ones are at stake.” President Biden said on March 19.  “They have been attacked, blamed, scapegoated and harassed. They’ve been verbally assaulted, physically assaulted, killed.”

Supervisors approved the resolution at the request of District 4 Supervisor Karen Mitchoff who brought the issue to the attention of Chair Diane Burgis.  Mitchoff’s chief of staff, Anne O, recommended that the board consider a resolution condemning attacks on the Asian and Pacific Islander citizens because her parents reside in Oakland’s Chinatown, a main area where assaults on Asian Americans have occurred especially to the elderly.

Supervisors did not hear any speakers either in favor or against the proclamation.

“The reality is racism and hate happen every day to Asians, Latinos and Blacks,” said District 1 Supervisor John Gioia. “We need to put it all together and to stand up against those that promote hatred against Asians. We need to do more than calling it out.”

“Racism is very widespread,” said District 5 Supervisor Federal Glover. “We know that it exists. This situation really highlights the issue we have in the United States.”

Supervisor Mitchoff Wants County to Super-Charge County’s Electric Vehicle (EV) Fleet

The Contra Costa County Board of Supervisors wants to jump start its sluggish Electric Vehicle fleet acquisition efforts, especially when Mitchoff inquired at Tuesday’s meeting if the county is actively applying for state and federal grants to assist the county in the purchase of electric vehicles (EVs).

The answer, was yes, from County Administrator Monica Nino, but Mitchoff, who represents the county on the San Francisco Bay Air Quality District Board which awards grants to counties to buy EV vehicles. Contra Costa faces stiff competition from counties like Santa Clara to be awarded the air board grants to acquire EVs.

Out of a fleet of 1,569 vehicles, equipment and trailers, 951 are vehicles in Contra Costa County’s Internal Service Fund, County Director of Public Services Brian Balbas wrote in a March 8 report to the supervisors’ Internal Service Committee.

Currently, 2.2 percent of the county’s fleet of vehicles are electric powered, 2.4 percent are Compressed Natural Gas (CNG) powered, 16.2 perc are Hybrid, 8.8 percent are Renewable Diesel powered, and 70.4 percent are Unleaded gasoline vehicles.

“Fleet Services continues to promote building a ‘Green Fleet’ by purchasing 8 electric and 17 hybrid vehicles as replacement vehicles in 2019-2020,” Balbas reported.  In 2019-2020, the county spent $16,311,795.

Mitchoff admitted it is difficult for the county to get grant money for Contra Costa County to purchase EVs when Santa Clara County tends to be awarded most of the air district’s grants for EVs.

“This is where we ought to be moving,” she said in reference to increasing the county’s low EV fleet.  “The President and the Green Economy direct us how we should address the budgetary process.”

In a related item, supervisors approved a letter of support for the GRID Alternatives, a nonprofit corporation, to have PG&E serve as implementer for the Empower EV Program that intends to reduce barriers to electric vehicle acquisition in low and moderate-income communities. The program was approved by the California Public Utilities Commission in 2019.

The $4 million program will provide incentives for up to 2,000 low- and- moderate income households to cover the costs of a residential EV charger, increase awareness of the benefits of EV adoption through targeted education and outreach, and provide information on other incentives and programs available to customers. PG&E has named “the Bay Point to Discovery Bay corridor area,” as a region of focus for Empower EV.

GRID Alternatives, a Bay Area non-profit that installs solar energy in low-income communities while providing job training and helps low-income persons access clean vehicles, is applying to be the implementer for Empower EV.

16-Year-Olds to Get COVID-19 Vaccines

With the Contra Costa Health Services and State of California having inked a Memorandum of Understanding on the allocation of COVID-19 vaccine (Pfizer), Contra Costa Health Services Director Anna Roth reported that the county is ramping up accessibility of the vaccine to Contra Costa County residents 50 years and older and will soon open the vaccination program to anyone 16 years old and older.

Roth expected eligibility will open in the next seven days. She asked the public to be patient when attempting to make an appointment.  Soon the county will open the Richmond Center and Bay Point Clinic to accommodate citizens registering to be vaccinated.

“Forty-four percent of resident have at least one dose of the vaccine,” Roth said. “We are removing barriers and making it easier to get the vaccine.”  She expected by April 15 the county will be in full compliance with the state.

Chief Equity Officer Gilbert Salinas reported that 19 additional ambassadors have been added to help register persons in communities like Bay Point, San Pablo and Richmond, communities with high numbers of black and Latino residents.

Deputy Health Officer Dr. Ori Tzviell said with Easter almost here, he advised that persons continue to wear masks and social distance as much as possible. “Outdoors is better than being indoors,” he said.  “Outdoors is safer for grandparents. It’s always safer to wear a mask.”

Approve Density Bonus for Walnut Creek Apartment Project

Supervisors approved as a consent item a density bonus inclusionary housing development agreement for the proposed 284-unit Del Hombre Apartments planned for Del Hombre Lane between Roble Road and Honey Trail in Walnut Creek.  Under the agreement, the developer is required to set aside five percent of the total number of rental units to moderate income households for a minimum of 55 years.

The development will include 21 studio units, 174 one-bedroom units and 89 two-bed-room units all located in one building. In addition, the development will include parking, landscaping, a community building, laundry, a pool, long-term bicycle storage, and trash enclosures.

Recognize Employees Skeritt, Emigh, Waters for Years of Service

Supervisors  recognized Kevin L. Emigh for 33 years of public service with the Road Engineering Division of the Public Works Department, Election’s Divisions Warehouse Unit employee Chuck Waters for 25 years of public service, and Victoria Skerritt for her 14 years of service with the Public Works Department.

Skerrit, who started her career with the Public Works Department as an Administrative Services Assistant II in Special District was promoted to Administrative Services II in Special Districts in 2007 and to Administrative Services Assistant III in 2014. Known for training new staff, Skeritt, who helped establish the Special Districts Community Center Policy, the Alamo Summer Concert Series and the implementation of the Tree Asset Management Program for all Special Districts was part of the 2017 Special Districts team that received the J. Michael Walford Team of the Year Award for delivering eight projects to seven communities from initial planning to construction in a single construction season.

Emigh is retiring from the Public Works Department after a 33-year career. As a licensed Professional Civil Engineer in California since 1993, some of his major projects that he played a part in the design and construction during his career include the Bethel Island Bridge, Iron Horse Overcrossing Project, Orwood Road Bridge, Alhambra Valley Road Washout Repair, Morgan Territory Road Slide Repair, Three Creeks Restoration and many others. Emigh received an Award of Excellence in June 1998 for his work designing and coordinating with the community on the Hilltop Drive Pedestrian Path-Phase 2 Project. He received an Award of Excellence in January 2000 for his contributions on the Editorial Board of Public Quirks Departmental Newsletter. He received an Award of Excellence in 2004 for his planning work and communicating with the community on the Rossmoor Detention Basin Project.

Waters, known as the Elections Division “MacGyver,” who would save the day by fixing anything with a paperclip, rubber band, straw or hammer, administered 73 elections during his career, including 11 primary elections and 12 general elections, seeing five different governors and five different presidents elected during this tenure. He is a certified technician, who maintained and repaired the county’s voting equipment, and provided regular safety lectures, while wearing his neon orange vest. He ensured that every Vote-by-Mail ballot was safely transported from Post Offices and Ballot Drop Boxes across Contra Costa County. He assures the Elections Division he will return to volunteer as an essential worker for future elections., the county proclamation stated.

Sheriff’s Deputy Acquires Service Dog Anavi for $1

Supervisors approved the request by Sheriff Deputy Timothy Allen to pay the county $1 for retired Sheriff’s Service Dog “Anavi.”  Since Dec. 18, 2007, the board of supervisors had approved a resolution (No. 2207/172), which authorized the transfer of ownership of retired police canine (K9) service dogs to their respective handlers for $1.

Rep. McNerney to host Virtual Town Hall with Small Business Administration today

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With the passage of the American Rescue Plan, more funding has been dedicated to programs that provide assistance and relief to small businesses and hard-hit industries during the COVID-19 pandemic. Congressman Jerry McNerney (D, CA-9) will hold a virtual town hall with Small Business Administration (SBA) officials on Thursday, April 1st from 5:30 PM to 6:30 PM to provide updates on SBA programs to help small businesses including the Paycheck Protection Program (PPP), Economic Injury Disaster Loan (EIDL), and the Shuttered Venue Operators Grant (SVOG). He will be joined by special guests Julie Clowes, District Director of the SBA San Francisco District Office, and Heather Luzzi, District Director of the SBA Sacramento District Office, to discuss these programs, answer questions, and share resources for small businesses.

Join Online:

https://us02web.zoom.us/j/82924454895?pwd=Nk94NXN6dmxnbGU0b3FCdVVIc05wUT09   

Passcode: 015998

Join by Phone:

(669) 900-6833

Webinar ID: 829 2445 4895

Passcode: 015998

Participants can join via phone or by using the webinar link above and can submit questions in advance here.

East Contra Costa resident Tim Herode launches campaign for governor to “restore California”

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Tim Herode speaks at his campaign launch in Byron on Thursday, March 18, 2021. Photos by Allen Payton

“Together we will listen and act with integrity, transparency and accountability. Three things we haven’t had for a while.” – Tim Herode, candidate for Governor of California

By Allen Payton

On Thursday, March 18, 2021, Tim Herode a resident of Oakley in Eastern Contra Costa County, announced the launch of his campaign to be the next governor of the Golden State with the theme “Restore California”. With about 50 people in attendance at Campos Family Vineyards in Byron, the candidate gave his reasons for running and why he should replace the incumbent, Gavin Newsom who is most likely facing a recall election, later this year. Herode vowed to return integrity, transparency and accountability to state government.

He was introduced by Michelle Campos, owner of the venue.

Tim Herode, (center front) is surrounded by his youngest son Nolan (left), daughter Hannah, wife Heather (back right) and oldest son Mitchell. Photo from the campaign Facebook page.

“We’re going to have an amazing night, tonight,” she said. “He is a man of faith. He wants you to know that he is not a politician. He’s a businessman. He’s a family man. He’s a pastor. He has a huge heart for we the people. He cares about you. He cares about this great state and he cares about restoring California back to a righteous government.”

“We can tell you with 100 percent assuredness, he operates his life with integrity, transparency and accountability and I think you can agree with me that’s what we need in our state, right now,” Campos said.

Before beginning prepared remarks, the 49-year-old, internet technology professional was joined on the stage by his wife, Heather and their three children, Hannah, Mitchell and Nolan.

At one point during Herode’s speech he said, “If the truth hurts it’s going to be a painful night,” and “I’m not here to be your politician and if you think that you came to the wrong party. I’m here for we the people. We are going to restore California.”

Digital signs on the wall behind the stage where Herode spoke showed messages of “Restore California” and his campaign logo with the message at the bottom of “A Hero for California.”

Digital Signs at Herode’s campaign launch show his campaign theme and slogan.

Following are the prepared and live remarks from Herode’s campaign announcement speech: (see video)

“Good evening ladies and gentlemen. Thank you for attending this very important and exciting official announcement to launch my campaign for Governor of the State of California. I believe in ‘We The People of the State of California, grateful to the Almighty God for our Freedom, in order to secure and perpetuate its blessings, do establish this Constitution,’ our pre-amble to this great state.

And We The People, need to take the power out of government and bring such power back into our hands.

What does that mean to me? What does that mean to us as a state of great people?  Is to encourage and protect the truth.

California citizens have been confined to their homes for over a year, their children under educated, small businesses have closed or moved, suffered loss of life and possessions from lack of forest management, the jobless have been deprived of unemployment insurance, while thousands and thousands of prisoners were released from prison in the name of COVID-19, and now our EDD has suffered a $30 billion loss.

The audience inside the Campos Family Vineyards event center for the Tim Herode for Governor campaign launch.

While the lockdowns have been mandated by our current Governor and his administration, record executive orders have been made with the absence of legislative over site and most of all without the voice of We The People.  During this dire period, the current governor and fellow health advisors were dining in at one of the most expensive restaurants of the Napa Valley without masks. Our current governor and many others from his team, while mandating school closures causing many parents to quit their jobs.

In addition, homelessness grows, taxes and fuel costs continue to increase, wildfires have destroyed homes, businesses and family memories all while politicians fatten their wallets and boost their careers by answering to the “big donors” known as lobbyists.

Let’s talk about schools. Our current governor supports being indoctrinated instead of honest education and has proposed a $6.6 billion plan.  Schools should not open with political agendas.  With our current state funding, education and where a student attends school should be a parent’s preference.

We will work to develop a plan to reform California education that educates our children for their future rather than indoctrinating them for politically driven social correctness.

We will eliminate hidden agendas, the portals of evil, and stop the destructive redirection of our Delta water resources being re-routed to southern California lawns, through the process of desalination plants to not only produce water for consumption, but to also save the livelihood and lives of millions of Californians, including our first responders.

By utilizing the desalination plants as water resources for forest management, this process can contain fires before they reach our citizens.  We do not want another ‘Red Dawn’ do we?

Tim Herode signaled to the audience each time he said “we the people”.

We will begin a responsible, strategic and timely audit to end irresponsible government spending and fearlessly work to redirect those funds to offset unnecessary taxation of our citizens including our cities that are in desperate need of infrastructure upgrades.

We will implement a homelessness task force that will work with local non-profit organizations. This will help to restore the willing back to work yet, end government assisted drug use.  This will include cleaning up our homeless encampments that have turned the image of our state into that of a third world country.  In addition, we will create new and enforce effective laws to prevent panhandling and homeless citizens from infiltrating business districts.

We will create change and mandates to bring back law and order to illegal immigration, where thousands are crossing our California borders each day. And the cost, anger and despair we are paying in being a Sanctuary State.”

“Why should people be able to come into this country or this state and not live by the same laws we do?” Herode asked.

“We will have a new plan to support pro-life policies that will listen from the heart and preserve the importance of life to our future generations,” he continued. Regarding abortion and having a prolife position Herode asked, “How many amazing people are gone that we never knew?”

“And to include and with the utmost importance, to implement a ‘We The People’ committee that ensures your voices will be heard by organizing county by county, governor’s meetings to discuss the most relevant and important concerns,” he continued.

“When is the last time you got to sit down and talk with your governor?” Herode asked. “We’re going to make face to face encounters with you, from the heart. Not based on how much you donate to my campaign. I don’t care what color you are. I don’t care what your belief. I’m going to serve you.”

“Together we will listen and act with integrity, transparency and accountability. Three things we haven’t had for a while,” he added.

“In the words of our former Governor of California and eloquent President of the United States, Ronald Reagan, ‘We believe in work, family, religion and the freedom that God places in each of us.’”

“In closing, I am not here to be your politician, I am here for you, to be fully ordained by We The People. I’m not here to be a politician. I’m here to help people.” Herode said to cheers from the audience. “I’m not here to be your politician and if you think that you came to the wrong party. I’m here for we the people.”

“We are going to restore California,” he concluded. “Thank you and God bless each and every one of you for being with us, tonight.”

Herode then answered a few questions from the audience before spending the rest of the time speaking one-on-one with those who attended.

According to his LinkedIn page, Herode is a “dedicated, passionate and innovative Information Systems Strategist” and “has more than 20 years of experience in various roles in Information Technology” as a business owner, in project management, system maintenance, helpdesk management, multi-site network management, procedure implementation, and international security development [I.T.A.R].” A “methodical leader” Herode “has provided strategic consultation and IT services, successfully managed and executed IT projects; conducted system installations and configurations, and spear headed regional security policy development.” An “intrapreneurship-driven professional”. he “has built strong relationships throughout his career with the purpose of building trust and a life-giving business atmosphere.”

For more information about his campaign visit www.TimHerode.com or his campaign Facebook page.

Tulare couple sentenced for 2019 road rage murder of Oakland man in Antioch

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Defendants Tearri Richard and Lakia Poles. Photos by Antioch PD

Life in prison for him, 25 years to life in prison for her

Antioch Police forensic artist’s sketch helped lead to their arrest

By Allen Payton

Homicide Case Update: Defendants Tearri Richard and Lakia Poles were sentenced on Friday, March 26, 2021 in Contra Costa County Superior Court for the road rage murder of 57-year-old Oakland resident Raul Garcia in Antioch on Sept. 1, 2019.  (See related articles here, here, here and here)

Defendant Richard was sentenced to life without the possibility of parole and defendant Poles was sentenced to 25 years to life. Both defendants were age 26 at the time of the murder and will serve their time in state prison. DDA Aron DeFerrari prosecuted the case on behalf of the People.

“Raul Garcia, the man Tearri Richard and Lakia Poles viciously murdered over a traffic dispute, received justice today,” said DDA DeFerrari. “It is unfathomable that a man’s life could be taken over disagreement about a lane merger that didn’t even result in a collision, yet defendants Richard and Poles hunted Raul Garcia down in the street and killed him for something that trivial; they both deserve the life sentences they were given.”

“The justice achieved today was only possible due to the outstanding investigation by the Antioch Police Department and their top-notch Detective Division,” he added.

Antioch Police forensic artist, Detective Joeng and sketch of Tearri Richard. Source: APD

On their Facebook page on Sunday, March 21 the Antioch Police Department posted praise for their sketch artist that helped lead to the couple’s arrest:

“On September 1, 2019, Raul Garcia was murdered after a road rage incident in Antioch. Members of the APD Investigations Bureau began investigating the case and learned of a witness to the incident. Detective Jeong (who is a forensic sketch artist) met with the witness and developed a sketch of the suspect. In the following weeks, detectives obtained additional evidence which led to the arrest of Tearri Richard and Lakia Poles. On November 24, 2020, a jury found both Richard and Poles guilty of murder. Last week, Richard was sentenced to life without the possibility of parole, and Poles was sentenced to 25-years-to-life. As you can see, Detective Jeong has a special talent in the field of forensic sketches, and we are very lucky he is a member of our team.

The Antioch Police Department will not tolerate violent crime in our city and works hard to achieve justice. We do this not just for our community, but also in memory of those who are lost to senseless violence. We are grateful to the Contra Costa County District Attorney’s Office, especially Deputy District Attorney Aron DeFerrari, for his tireless prosecution of this case.

On behalf of the men and women of APD, we express our condolences to the Garcia family.”

 

 

Contra Costa Probation Department eliminates collect calling for detained youth

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The Contra Costa County Probation Department has permanently eliminated collect calling for youth detained at the Glenn A. Davis Juvenile Hall in Martinez, and Orin Allen Youth Rehabilitation Facility in Byron. Rather than continuing the practice of charging recipients when a youth makes a call, the Department will now absorb those costs.

“Our primary goals are harm reduction and removing barriers to success for our clients and their loved ones,” said Chief Probation Officer Esa Ehmen-Krause. “Eliminating this additional financial burden and creating a pathway for increased communication with loved ones is the right thing to do.”

The Contra Costa County Board of Supervisors has consistently demonstrated support for justice-involved youth and families. A moratorium was issued in 2016 on the assessment and collection of juvenile probation fees. In 2017, the Board took further action to permanently repeal these fees, and discharge any outstanding fees owed. These forward-thinking actions were ahead of Senate Bill 190, which required counties to eliminate juvenile fines and fees in 2018. This legislation did not include collect calling.

“In these challenging times, it’s more important than ever that everyone stays connected to their families, especially youth, and I applaud the Probation Department for making it easier on families as we pursue the ultimate goal of reunification and living a healthy life,” said Diane Burgis, Chair of the Board of Supervisors.

Additionally, in response to the public health shelter in place order, the Department began utilizing video visitation in 2020, which has created the ability to offer more frequent contact between youth and their family members. The Department plans to continue this service, also provided at no cost, even after on-site visitation resumes. Video visitation affords family members who may have transportation challenges or mobility concerns with another resource to maintain contact with their loved ones.

Construction work to begin on Bay Point Pedestrian & Bicycle Improvement Project Monday

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Right turn lane onto Hwy 4

The Contra Costa County Public Works Department will begin construction on the Bailey Road/State Route 4 (Highway 4) Interchange Pedestrian and Bicycle Improvement Project on Monday, March 29, 2021 through October 2021, barring unforeseen circumstances. Work will occur Monday through Friday, between 7 a.m. and 4 p.m., weather permitting. Construction will be scheduled to minimize impacts to commute traffic. Drivers should expect delays and detours during construction. Current social distancing protocol will be observed.

The work will consist of removing the Highway 4 westbound loop off-ramp and pedestrian tunnel, as well as squaring-up the intersections of Highway 4 eastbound on and off-ramps and removing the free right turns. Work also includes widening the Highway 4 westbound diagonal off-ramp, installing a traffic signal for traffic to go north and south bound on Bailey Road, modifying existing traffic signals, installing storm drain modifications, installing sidewalk along Bailey Road, and overlaying the pavement on Bailey Road within the interchange area.

The Bailey Road Highway 4 pedestrian tunnel will be removed as part of the project.

Funding for this project is provided by a federal Active Transportation Program grant and local road funds made up of gas tax revenues provided by the SB1 Road Repair and Accountability Act, Navy Mitigation funds and Keller Canyon Mitigation Funds. More information for this project can be found at http://www.cccounty.us/pwdmap. 

 

Supervisors reverse Planning Commission decision on East Contra Costa cannabis micro plant farm

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Diablo Valley Farms indoor cannabis cultivation site plan.

Bay Point Pedestrian and Bicycle Improvement Project moves forward

By Daniel Borsuk

Closeup view of greenhouses.

The Contra Costa County Board of Supervisors voted 5-0 to permit longtime Brentwood grower Bob Nunn and land planner Lisa Borba, who also serves as a Contra Costa Water District commissioner, to proceed and develop two 10,000 square foot cannabis greenhouses at 4425 Sellers Avenue over the objections of residents. DVF Business Proposal

According to the conditions of approval, the use “permit is for the commercial cultivation of cannabis micro plants only” and “no mature cannabis plants are permitted on the site at any time.” DVF Findings & Modified COAs 03152021

The supervisors’ action reverses a January 27th county planning commission decision that had negated an earlier approval of the proposed cannabis development in Eastern Contra Costa County that had proposed only one 10,000 square foot greenhouse.

During the hearing, supervisors listened to six unidentified speakers oppose the proposed Diablo Valley Farms project on grounds it is nearby a youth center and it will breed crime, noise and odor problems into the environment.

In a Feb. 8th letter from attorney Shawn J. Zovod, the developers Robert Nunn and Borba, and addressed to Contra Costa County Planner Joseph Lawlor, Zovod wrote: DVF SZovod Appeal Letter 02082021   SZovod 030521 Letter to JLawlor Project Planner

“The owner of DVF, Robert Nunn, and the applicant, Lisa Borba (collectively “Applicant”) appeals the CPC decision on the following grounds:

  1. The CPC decision to deny the Permit was based on an erroneous finding that Sunset Park is a “youth center.” This finding is not supported by the evidence and provides grounds for appeal under Code Section 26-2.2404c (3) Sunset Park is a park and is not a youth center within the meaning of the Cannabis Regulation and Section 11353.1 of the California Health and Safety Code…The CPC’s finding that Sunset Park is a “youth center” and thereby a Protected Use is not satisfied by evidence and is a gross misinterpretation of the Cannabis Regulation.
  2. “…. Denial of the permit based on an inaccurate and inconsistently applied reading of the requirements of the Cannabis Regulation is denial of equal protection. The CBO cannot turn its back on the laws that it adopted after years of careful consideration. Appellant has invested significant time and tens of thousands of dollars in reliance on the county’s application of its standards on a fair and equitable basis.

Appellant requests the Board of Supervisors uphold this appeal of the CPS, reinstate the Permit as approved by the Zoning Administrator, and decline to add any additional conditions requested by the City of Brentwood to the Permit.”

While supervisors heard from six unidentified Brentwood residents about concerns that the proposed Diablo Valley Farms project will produce crime, odor and noise, Brentwood Police Chief Tom Hansen said the proposed development will bring more “serious crime” to the city and his “officers will be in grave danger.” The police chief recommended that supervisors keep the county planning commission’s January decision intact.

Board Chair Diane Burgis of Brentwood turned the table when she recommended that supervisors reverse the county planning commission’s January action and to approve the Robert Nunn/Borba project.

“They have made it clear there will be no plants of value,” said Burgis. “There will be security. There will be no cash on site. The permit will be valid for five years.”

Supervisors approved the permit on a 5-0 vote.

Approve Engineering Contract for Bay Point Pedestrian and Bicycle Improvement Project

Supervisors approved a $590,000 contract with MNS Engineers, Inc. to provide consulting services with the county Public Works Department for construction management services for the Bailey Road/State Route 4 Interchange Pedestrian and Bicycle Improvement Project for the period March 23, 2021 to June 30, 2022 in the Bay Point area.

The project consists of constructing a retaining wall, widening the State Route 4 westbound diagonal off-ramp, installation and modification of traffic signals, removal of the SR4 westbound loop off-ramp, storm drain modifications, and installation of sidewalk along Bailey Road.

Funding for the project is from the Active Transportation Program (ATP), Bay Point Area of Benefit, Navy Mitigation Funds, Contra Costa County Measure J transportation half-cent sales tax, and the state gas tax.

Recognize 2021 Poetry Out Loud Winners

Supervisors passed a resolution honoring Pinole Valley High School Senior Jermaine Gitana who won first place honors in the Contra Costa County Poetry Out Loud 2021 Competition. Gitana topped second place winner Esmeralda Noyola, a junior at Antioch’s Deer Valley High School, and third place winner Tessa Brubaker, a junior at San Ramon High School in Danville. (See related article)

Initiated by the National Endowment for the Arts and run by the California Arts Council in the state and locally by the Arts and Culture Commission of Contra Costa County, the program, now in its 14th year, engages high school students in the presentation of poetry through memorization and performance.

Almost 1,000 viewers watched the students’ recitations that were viewed at the Virtual Screening and Awards Ceremony Facebook Live event.

Recognize Melody Hung-Fan and Eric Moe for Years of County Service

Supervisors passed two resolutions recognizing the years of service for Melody Hung-Fan, director of the Contra Costa County Public Health Laboratory, and Eric H. Moe, a 35-year Contra Costa County Treasurer-Tax Collector’s Office expert in automation and streamlining workflow of default-tax procedures.

Ms. Hung started her career at CCCPH in 1988 as a public health microbiologist and rose through the ranks to become director of the Public Health Laboratory in January 2013 where she has spent the last eight years planning, evaluating, organizing, and directing all activities and staff of the CCCPH.

She became a licensed Public Health Microbiologist (PHM) through the California Department of Public Health in July of 1988 after receiving a Bachelor of Science in Nutritional Services and a Master of Public Health, both from the University of California at Berkeley.

Ms. Hung has been recognized for her background in research through the publication of various abstracts and journal articles, the most recent including articles published by the American Society for Microbiology, entitled: “A Population-Based Surveillance Study of Shared Genotypes of Escherichia coli Isolates from Retail Meat and Suspected Cases of Urinary Tract Infections.”

Her work has been credited in all phases of creating, running, and evaluating testing procedures for a variety of public health issues including HIV, West Nile virus, Zika virus, Influenza, SARS-CoV-2 and other diseases.

Moe is retiring from a long career in the Treasurer-Tax Collector’s Officer where he became an expert in defaulted=tax collections, bankruptcy claims, and the annual sale of properties subject to the Tax Collectors Power to Sell. He began his career with the county in 1986 as a Clerk-Beginner. He rose up the ranks and his major accomplishment include automating and streamlining workflow of default-tax procedures to more accurately and expeditiously address and manage the many accounts that transfer to the Redemption or delinquent Secured tax roll annually, and the documenting and re-organizing of standard operating procedures of the tax-default program into a comprehensive electronic manual.  Moe has also been helpful in assisting the California State Controller’s Office with review and feedback to the “Annual Pre-Notice Guide”, the “Review and Taxation Code,” and “The County Tax Collectors’ Reference Manual.”

County Awards Contract to Labor Attorney Kramer

Supervisors awarded a contract with labor attorney Karen Kramer, who is not related to Contra Costa County Assessor Gus Kramer, for workplace investigation and workplace legal advice.  Ms. Kramer specializes in employment law and litigation. She will be of assistance to the County Counsel in the county’s workplace investigations.

Kramer Workplace Investigations will bill the county at an hourly rate of $325 for legal and investigatory services and $400 per hour for testimony.

She is not related to Assessor Kramer, who last November had misconduct charges dropped against him by Superior Court Judge John Cope for accusations of making sexual comments to employees and at least one ethnic slur to a co-worker.

Approve Property Cleanup Cases in Oakley, Martinez and El Sobrante

Supervisors approved three abatement cases. No public speakers were heard on the cases.

The biggest case totaling $38,056.20 was charged to the owners of 2600 Dutch Slough Road in Oakley. The residential property is jointly owned by Darlene Joy Gargulia, Nguyen Ha and Long Hoang Le.

Another residential abatement action costing $4,306.70 occurred at 5321 Alhambra Valley Road in Martinez.  The property is owned by Carol M. Gainey.

Supervisors approved abatement action totaling $4,296.70 at 3870 Valley Lane in El Sobrante. Greg Fremont Livermore is owner of the property.

Contra Costa to enter Orange Tier April 7, Supervisors extend protections for commercial tenants until June 30, accept rental housing grant

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Will allow indoor worship services, indoor dining and movie theaters at 50% capacity, gyms at 25%

Sheriff: Jail Population Down 27% Due to COVID-19

By Daniel Borsuk

During their meeting on Tuesday, March 23, 2021, the Contra Costa County Board of Supervisors were given good news from the county’s health officer about COVID-19 restrictions, accepted a federal grant to assist residential tenants and extended protections for commercial tenants through June 30.

County to Enter Orange Tier on April 7

Contra Costa County Public Health Officer Dr. Chris Farnitano told supervisors that by April 7 the county should move from the Red Tier to the less restrictive Orange Tier as the county’s COVID-19 hospitalization rate begins to decline.  Dr. Farnitano said the county’s current hospitalization rate 5.8 percent per 100 persons is too high and must get to a 4.2 percent hospitalization rate.

When the county goes from Red to Orange Tiers, indoor worship services, indoor dining and movie theaters can increase from 25 to 50 percent capacity, and gyms can increase from 10 to 25 percent capacity with modifications.

Dr. Farnitano said that cutting the distance for student desks in classrooms from six feet to three feet “will provide additional flexibility for school districts to bring back students safely.”

Accept Federal Rental Housing Grant  

Supervisors unanimously approved a $514,445 Federal Emergency Rental Assistance Program grant that will assist households with up to 80 percent Area Medium Income with a priority for those up to 50 percent AMI with a funding focused to ensure rental arrears are addressed to stabilize households and prevent evictions.

The program will be administered by three non-profit housing organizations – RYSE Center, which convenes the more than 200 member West County COVID Community Care Coalition, the Family Justice Center that covers Concord. Pleasant Hill. Martinez, and the East Contra Costa Community Care Alliance.

Protections for Commercial Tenants Extended Through June 30

Supervisors unanimously approved Urgency Ordinance No. 2021-11 to continue the temporary prohibition on evictions of certain small-business commercial tenants financially impacted by the COVID-19 epidemic. This protection now continues through June 30, 2021.  Protections for residential tenants were unchanged by the urgency ordinance and last through June 30, 2021.

“As we make progress together toward ending the COVID-19 pandemic, many small businesses in our community are still struggling and need help,” said Board Chair Dianne Burgis of Brentwood. “Today’s board action will extend that helping hand for small businesses even as we continue to help eligible renters and landlords during this time. Let us continue to work together to find resources and ways to move forward.”

The ordinance also bars landlords from charging late fees to small business and nonprofit tenants, and extends to August 31, 2021, the grace period to pay back rent.

Sheriff ‘s Office Responds to Public Protection Committee/Racial Protection Committee Questions: Jail Population Down 27% Due to COVID-19

In a consent action, supervisors approved a Public Protection Committee report where the Sheriff’s Office and Health Services responded to questions about the treatment of inmates in jail facilities.   It marks the first time the Sheriff’s Office has responded to questions emanating from the committee with input from the Board of Supervisors’ Racial Justice Oversight Body.

Main Conclusion:  due to the COVID- 19 pandemic, jail population is down 27 percent.

In a Feb. 18 report to the Public Protection Committee, Assistant Sheriff Steve Simpkins reported as of Jan. 15, 2021, “We have released 1,574 arrestees who were eligible for $0 bail. This information was to comply with a request on information about how many inmates were detained because they cannot afford cash bail.”

The Sheriff’s report stated, “In January and February 2020 (pre COVID-19) the Sheriff’s Office received an average of 1,753 arrestees being booked at the Martinez Detention Facility. The monthly average of arrestees booked between March 1 2020 and December 31, 2020 (during pandemic) is 946, a drop of nearly 50%.” the report said.

“The average daily inmate population in February 2020 (pre COVID-19) of all physical facilities combined was 1,093.  The average daily inmate population in December 2020 (during pandemic) of all physical facilities was 795. That is a 27 percent sustained reduction in the average daily inmate population.  This morning’s population was 715 (1/22/2021).”

“Seventy Sheriff’s Office employees from the Custody Services Bureau have tested positive for COVID-19 since the pandemic began.  All have recovered,” the report said, “and are back to work except for the most recent three who ae out for quarantine.”