Contra Costa Herald

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

Supervisors set stage for adopting anti-vaping ordinance at next meeting

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Contra Costa County Board of Supervisors recognized the men and women who served in the armed forces on Tuesday by passing a resolution recognizing Veterans Day, November 11. Supervisors presented an enlarged version of the proclamation during a ceremony in which United States Air Force Veteran Jeffrey (Jeff) Jewell, who has retired as the Concord Vet Center Director, spoke to veterans who have served various military operations such as World war II, Vietnam, Afghanistan, Iraq and other confrontations. Jewell, far right, served in the United States Air Force from 1973 to 1981 with two tours at Travis Air Force Base and on tour at Yokota Air Force Base in Japan as a crew chief on C5-A’s. Jewell has been the Concord Vet Center director since 2014, He joined the Department of Veteran Affairs in 2001. He is a 5th District Commander for the American Legion. He holds the following degrees with honors: Associate of Arts in Business, Solano Community College: Bachelor of Arts in Human Relations, Golden Gate University; Master’s in Public Administration, Human Resource Management, Golden Gate University, Master of Arts, Psychology, Marriage and Family Therapy, Chapman University. At the ceremony were from left, Supervisor Diane Burgis of Brentwood, Chair John Gioia of Richmond, Vice Chair Candace Andersen of Danville, Supervisor Karen Mitchoff of Pleasant Hill, Supervisor Federal Glover of Pittsburg, and Jeffrey (Jeff) Jewell. Photo by Daniel Borsuk.

Place half-cent transportation sales tax measure on March 2020 ballot

By Daniel Borsuk

County supervisors are hopping aboard the bandwagon in banning the sale of any e-liquid or electronic smoking device in unincorporated Contra Costa County.

Supervisors voted 5-0 voted on Tuesday to set the stage to formally adopt an ordinance next week that will outlaw the retail sale of e-liquid flavored smoking devices within 1,000 feet from a school, park or library at the supervisors’ upcoming November 19 meeting.

The ordinance also inserts limitations on the delivery of cannabis-related e-devices in unincorporated Contra Costa County.

The supervisors’ action means Contra Costa County will join an expanding number of California counties including Los Angeles, San Diego, and San Mateo that have already adopted laws banning the sale of e-cigarettes that have killed three Californians while some 151 related medical cases have been reported around the Golden State, Dr. Chris Fonataano of the Contra Costa Health Services reported. More than 800 cases and 12 deaths across 46 states have been reported by the Centers for Disease Prevention and Control.

Since 2019, the City Councils of San Pablo, Lafayette, Richmond and Oakley have passed laws banning the sales of e-cigarettes within city limits.

The rising health concerns about e-cigarettes at the national level has financially hit the e-cigarette industry. Major e-cigarette maker Juul Labs on Monday announced it is cutting about 650 jobs, or about 16 percent of its total workforce because of the national pullback on its products, especially its most popular flavors mint and mango flavored pods, in the U.S.

During the public hearing, where Board Chair John Gioia discretionarily decided to cut speaker time fifty percent to one minute per speaker in order to accommodate the supervisors’ annual Veterans Day ceremony scheduled at 11 a.m., 45 speakers, many from middle and high schools, shared stories about how fellow students have become hooked to e-devices in restrooms or anywhere they can sneak in a smoke.

Mt. Diablo High School student Dominique Vine complained that vaping is a serious problem at his school. “The air is contaminated,” he complained.

“It is my understanding that this proposed ordinance would help improve public health and continue the positive work the county has historically done to combat youth tobacco usage,” said Congressman Mark DeSaulnier in a written statement read by District Director Shanelle Scales-Preston.

Lafayette City Councilwoman Susan Kendall encouraged supervisors to pass the ordinance. Adopt this ordinance. You are the right body to do this. Lafayette is an island that none of its neighboring cities have addressed.”

The new ordinance will also impose new retail delivery standards on cannabis products from about 84 retail locations in unincorporated Contra Costa County, which is a priority issue of Vice Chair Candace Andersen of Danville, who has previously overseen tough protections on cannabis deliveries in the county.

“We are providing an additional layer of protection to residents wanting this kind of service,” Supervisor Andersen told the Contra Costa Herald.

The new ordinance states:

A – The delivery of more than eight hundred milligrams of tetrahydrocannabinol in the form of edible    cannabis products to a single cannabis customer in a single day is prohibited.

B – The delivery of any cannabis product listed in Title 17, California Code of Regulations, section

40300, is prohibited.

C – The delivery of any flavored cannabis product for which the primary use is human inhalation of the gases, particles, vapors, or byproducts released as a result of combustion, electrical ignition, or vaporization of the flavored cannabis product, is prohibited.”

Support Half-Cent Sales Tax for Transportation Ballot Measure

Supervisors voted to place a half-cent sales tax measure on the March 2020 ballot for transportation. Contra Costa County voters will get a chance to vote up or down on a half-cent sales tax measure to raise $103 million a year for local transportation annually for 35 years. The tax measure will be placed on the March 3, 2020 ballot and will be spent for only county road or transit projects. The state cannot take the funds. See how the funds will be spent, here – Draft 2020 Transportation Expenditure Plan

The purpose of the half cent sales tax is to reduce congestion and fix bottlenecks on highways and major roads, make commutes faster and more predictable, improve the frequency, reliability, accessibility, cleanliness and safety of buses, ferries, and BART; improve air quality and repave roads.

Animal Service Fees Hiked

Starting in 2020, Contra Costa residents wanting to adopt cats or dogs or other veterinary services from the county’s Animal Services Department will have to dig deeper into their wallets.

Supervisors unanimously approved new Animal Services Department fees that have not been increased since 2008.

No one spoke either against or in favor of the fee increases that vary all over the map from a 2% rise to spaying a dog over 100 pounds from $195 to $199 to spaying a dog less than 20 pounds to $121, a 29% increase of $27.

“The average cost to care for an animal made available for adoption for the Animal Services Department is $908.21,” stated the report prepared by Animal Services Director Beth Ward. “These costs are based on an average length of stay of 30 days and includes the cost of daily care, basic medical care and spay/neuter to prepare an animal for adoption.

New adoption fees for a dog are $155 (age of dog), $135 (puppies under six months), $85 dogs over six years), $5 (senior citizens over 65 years of age or dogs over six years old). New adoption fees for cats are $120 (age of cat), $100 (kittens under four months), $55, (cats over six years), senior citizens (over 65 years of age) adopting cats over 6 years old $5.

2018 Agriculture Production Down 10 Percent

Agricultural crop production in the county declined 10% last year, according to a report submitted by Agricultural Commissioner Director of Weights and Measures Matt Slattengren. Supervisors approved the report as a consent item.

“The total gross value of agricultural crops in 2018 was $208,556,338, a decline of $11,884,662 or 10% from 2017. In general, demand and prices have remained strong from agricultural crops in Contra Costa County,” wrote Slattengren in his report submitted to California Department of Food and Agriculture and the Contra Costa Count Board of Supervisors.

Slattengren cited a decrease of 27 percent of vegetable and seed crop values because of rainy weather and market conditions for the decline.

Rodeo’s Lefty Gomez Community Center Fee Increase

Supervisors will consider an increase in rental rates for the use of the Lefty Gomez Community Center facilities in Rodeo at their meeting on Dec. 19. Fees have not been increased in 16 years. The fees for rental use of the center, restrooms, and security guard have not kept up with current maintenance and energy costs.

The Public Works Department requested that renters of the facility obtain insurance with coverage of $1 million of liability coverage. The department also has imposed a specific prohibition against the use of inflatable jumpers.

BART officers, Management Association demand apology from Board Director for undermining law enforcement efforts over man eating sandwich on platform

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Steven Foster being detained by a BART police officer for eating a sandwich on the Pleasant Hill BART Station platform and placed in handcuffs for resisting arrest. Photos from Foster’s Facebook page.

Claim Director Li encourages public to violate the law

OAKLAND, CA (Nov. 11, 2019) The head of the BART police officers’ association and leaders of the BART police management team are demanding an apology from BART director Janice Li for participating in an anti-police protest on a train platform and encouraging the public to violate the law.

Li was among a group of people who participated in an eat-in protest on the Embarcadero platform Saturday that questioned the authority of BART police to enforce state law and the BART code of conduct — both of which make clear that it is illegal to have food or drink in the paid areas of BART.

Li participated in the staged event even though the BART code of conduct she was protesting was approved by her own board of directors and calls for police to intervene in the event a person refuses to cooperate.

“Li is undermining the authority of BART police by advocating lawlessness and making our job as law enforcement officers that much harder,” said Keith Garcia, president of the BART Police Officers Association. Garcia was joined in his demand for an apology by BART Police Managers Association President Jason Ledford. “BART directors approved a list of infractions and misdemeanors, now Li is ridiculing police for enforcing those very rules. Our officers deserve greater respect.”

The protest was staged in response to a video of a man on the BART Pleasant Hill platform who became belligerent and combative when approached by a BART officer who requested that he not eat inside the pay gates.

“We talk to people 100 times a day about not eating on the platform or the train and the vast majority of the time they’re understanding and simply stop what they’re doing,” Garcia said. “This person apparently had an ax to grind with police.”

Garcia noted that the video widely distributed on social media does not show many important details of the incident, including how it began.

“Our officer was at the station on a separate call when he ran into the suspect in this case, who was on the platform eating a sandwich,” Garcia said. “Our officer said to him, ‘Just a reminder there is no eating on BART,’ and the subject responded, ‘I’m not on BART, I can eat wherever the f— I want.’

“Our officer then tells him that eating is not allowed anywhere in the paid areas, including the platform. And the subject responds, ’F— you, I ain’t doing nothing wrong,’ and continues to eat the sandwich directly in the officer’s face.”

When the officer asked the suspect for identification in order to write a citation for violating state law, the man refused to comply and continued to curse at the officer. The officer then requested back up.

Refusing to provide ID and being uncooperative with law enforcement is a misdemeanor. Nonetheless, the man was released after a brief detention and given only a citation.

“Our officer should be applauded for his professionalism and restraint, and for enforcing the rules that have been approved by the directors,” Ledford said. “The public has told us time and again that they’re concerned about the lawlessness on BART. Director Li should apologize to the department for not allowing our officers to do the job the public deserves.”

 

BART General Manager issues statement about man cited for eating on platform

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Bob Powers, from his LinkedIn profile.

BART General Manager Bob Powers issued the following statement on Monday, Nov. 11:

“Moving 415,000 riders each day comes with complexities and there are laws in place to keep our system safe, welcoming, and clean.

I’ve seen the video of the incident involving a man eating on our platform and our police response.  Eating in the paid area is banned and there are multiple signs inside every station saying as much.  As a transportation system our concern with eating is related to the cleanliness of our stations and system. This was not the case in the incident at Pleasant Hill station on Monday. (See video on KRON4 news report)

The officer asked the rider not to eat while he was on the platform responding to another call.  It should have ended there, but it didn’t.  Mr. Foster did not stop eating and the officer moved forward with the process of issuing him a citation.* The individual refused to provide identification, cursed at and made homophobic slurs at the officer who remained calm through out the entire engagement.

The officer was doing his job but context is key. Enforcement of infractions such as eating and drinking inside our paid area should not be used to prevent us from delivering on our mission to provide safe, reliable, and clean transportation. We have to read each situation and allow people to get where they are going on time and safely.

Steven Foster being detained by a BART police officer for eating a sandwich on the Pleasant Hill BART Station platform and placed in handcuffs for resisting arrest. Photos from Foster’s Facebook page.

I’m disappointed how the situation unfolded.  I apologize to Mr. Foster, our riders, employees, and the public who have had an emotional reaction to the video.

I’ve spoken to our interim Police Chief about my feelings related to this incident and our Independent Police Auditor is conducting an independent investigation.  He will report his findings to our Citizen Review Board.”

*This statement was amended at 4pm on November 11 to remove the part about the officer passing by and walking by again. The officer involved clarified to staff he didn’t walk by because the platform was too crowded.  The statement originally stated: “The officer asked the rider not to eat while passing by on another call.  It should have ended there, but it didn’t. When the officer walked by again and still saw him eating, he moved forward with the process of issuing him a citation.” The statement was updated to read: The officer asked the rider not to eat while he was on the platform responding to another call.  It should have ended there, but it didn’t.  Mr. Foster did not stop eating and the officer moved forward with the process of issuing him a citation.

Weekend BART delays between Orinda and Walnut Creek 8/17-18, bus bridge, and Highway 24 lane closures

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There will be no single-tracking or track closures due to this project for the weekend of August 10-11.  However, there will be overnight lane closures on eastbound Highway 24 near the Lafayette Station.  You can get more details here. The first weekend track shutdown between Orinda and Walnut Creek stations is scheduled for the weekend of August 17-18.

We are making extensive repairs and upgrades to the track between Orinda and Walnut Creek stations on most weekends through October, including some upcoming full weekend closures with bus bridges.   Using Measure RR funds, we’ll be replacing track and electrical equipment, installing new switches, improving station platforms, and making other repairs and improvements to provide more reliable, safer, quieter, smoother and faster service.

Closure weekends: 8/17-18, 8/31-9/2 (Labor Day Weekend), 9/14-15, 9/28-29, 10/12-13, 10/26-27

Riders should expect delays of 40 minutes or more on closure weekends.

County Connection and AC Transit will provide free shuttle bus services:

  1.    Direct service between Orinda and Walnut Creek
  2.   Service between Orinda, Lafayette, and Walnut Creek stations.

Single-Tracking
Single-tracking on some Saturdays will mean delays of up to 30 minutes. Please plan your trip with that in mind. We will single-track on 7/27, 8/3, 8/24, 9/7, 9/21, and 10/19.  We may need to turn back some trains at Orinda to maintain our schedule. If so, you will be asked to leave the train you are on and board a different train to reach your destination.

Highway 24 Lane Closures

On select weekends including single-tracking Saturdays, we plan to close the two eastbound lanes on the far-left side of Highway 24 near the Lafayette Station and Oak Hill Road to allow equipment and material to be placed near and in our tracks. The next lane closure is scheduled for 11 pm Friday August 9 and will continue until 7 am Saturday August 10.  The two eastbound lanes of 24 will also be closed Saturday August 10 at 11pm until 9 am Sunday August 11.

Lane closures for single-tracking Saturdays will only happen during overnight hours from 11 pm Friday to 7 am Saturday and 11pm Saturday to 9 am Sunday.  All lane closures will happen near the Lafayette Station at Oak Hill Road.

Night Work

We will also do work at night after service closes on weeknights through at least the end of October.

Sunday single tracking in San Francisco

On select Sundays through the rest of this year, there will be single-track service between the Embarcadero and 24th Street Mission stations in downtown San Francisco due to electrical cabling replacement work.  This replacement project is critical to ensure our trains can count on a reliable power supply. The work can add 15-30 minutes to your trip. Get the latest on this project here.

Use the Trip Planner, call the BART Transit Information Center at (510) 465-BART (2278), or get the Official BART app to plan your trip.

Please tell CCTA: East County needs freeway from Brentwood to Tracy for long term economic growth

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The Contra Costa Transportation Authority is holding Telephone Town Hall Meetings to inform the public of the Initial Draft 2020 Transportation Expenditure Plan (TEP) and get their input before finalizing the plan and placing another tax measure on the March 2020 ballot to fund it. The meeting for East County will be held on Wednesday, Aug. 8 (see previous post on this website, below)

The plan (www.ccta.net/theplan) currently has a total price tag of $3.061 billion and the tax is in addition to the county’s current half-cent sales tax for transportation from Measure J, which voters approved in 2004 and expires in 2034. The new tax would last until 2050. The CCTA attempted to pass a similar additional half-cent sales tax in 2016, known as Measure X, but it failed. The only new section of roadway in the entire county in that plan was the $117 million “limited access” connector   between Vasco Road and the Byron Highway, next to the Byron Airport. Voters overwhelmingly voted against the measure and it failed.

Fortunately, that project was included in the Regional Measure 3 expenditure plan which did pass. But, RM3 didn’t include the long-planned Route 239, the proposed four-lane freeway between Brentwood and Tracy, which will connect East County to Interstate 5, the economic lifeblood artery of the state.

That road has been on the books for over 60 years. But, planning for it only began in 2013 as part of what was known as the TriLink Project, as it crossed the three counties of Contra Costa, San Joaquin and a sliver of Alameda, and was to also include two lines of transit down the middle, connecting the end of the BART line in East County to Tracy.

However, the TriLink Project website is no longer active and neither the four-lane freeway nor the transit lines are included in Contra Costa County’s plans for the next 30 years.

Yet, it’s Route 239 that will ensure East County’s long-term economic viability, allowing current businesses, including agriculture, to get their products to market quicker. Plus, it will open up our area for greater local job creation, and complete what I refer to as the beltway around Mt. Diablo, eliminating the cul-de-sac effect with the three two-lane roads connecting us to the east and south.

Antioch and East County have the freight rail connecting us to the east and west, plus the river connecting us to the world, to move goods. But we only have Highway 4 and BART connecting us to the west for moving people and goods.

Central County folks oppose Route 239 saying it will “induce growth in East County.” But they’ve been saying that for almost 50 years about every new road improvement, including the Hwy 4 Bypass/extension, which we had to fight for over four years from 1994-98 to just get approvals, not any money. In fact, it was that same mindset that prevented Hwy 24 from being extended to East County back in the 1970’s and the result is a surface road with the three names of Ygnacio Valley Road, Kirker Pass and Railroad Avenue, today.

I grew up in Walnut Creek and moved to Antioch because it was more affordable. In fact out of all us who attended the 35th reunion of the Northgate High School Class of ’81 in 2016, only four classmates still lived in Walnut Creek. Where did many move to? East County. So, as I said to my fellow elected officials when I was on a panel during a transportation conference back in the late 1990’s when I was serving on the Antioch City Council and Contra Costa Transportation Authority, don’t blame us for the growth. They had kids and we needed somewhere to live that we could afford. That was when East County was pushing for funding and approvals for Highway 4 widening and the Highway 4 bypass/extension. We received it and those projects are now completed.

It’s time we completed the transportation infrastructure in East County and Route 239 is a key part of it.

Besides, that road won’t induce residential growth. We have the Urban Limit Line to control that. But it will induce economic growth with more local jobs, which is what East County needs.

We need both Route 239 and the transit link between Antioch and Tracy. But, for now, let’s push for funds for the freeway to be included in the county’s new plan. Estimates are it will cost an additional $1 billion. I say add it to the total and let the voters decide.

We need bold leadership from our local elected officials and the voice of “we the people” to make it happen.

Supervisors seek members for Independent Oversight Committee for the Regional Measure 3 bridge toll increase

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In 2018, voters passed Regional Measure 3 (RM3) which increased bridge tolls in the Bay Area and also established an Independent Oversight Committee. Each of 9 Bay Area counties appoint two members to the Committee. The Contra Costa County Board of Supervisors is seeking two members of the public to serve.

The RM3 Independent Oversight Committee (oversight committee) will be established by the Bay Area Toll Authority (BATA) pursuant to Senate Bill 595 (which placed RM 3 on the ballot). The purpose of the Oversight Committee is to ensure that any toll revenues generated pursuant to the RM3 toll increase are expended consistent with the applicable requirements of the RM3 expenditure plan set forth in Streets and Highways Code Section 30914.7. The Oversight Committee shall annually review the expenditure of funds by BATA for the projects and programs specified in Section 30914.7 and prepare and submit a report to the transportation committee of each house of the Legislature summarizing its findings.

An individual interested in serving on the Committee must be a resident of Contra Costa County and meet the Streets and Highways Code Section 30923 (h) (3) restrictions below:

  • A representative appointed to the oversight committee shall not be a member, former member, staff, or former staff of the Metropolitan Transportation Commission (MTC) or BATA.
  • A representative appointed to the oversight committee shall not be employed by any organization or person that has received or is receiving funding from MTC or BATA.
  • A representative appointed to the oversight committee shall not be a former employee or a person who has contracted with any organization or person that has received or is receiving funding from MTC or BATA within one year of having worked for or contracted with that organization or person.

The RM3 Oversight Committee is subject to open public meetings (The Brown Act). Meeting dates, frequency, and length of meetings will be established by the members of the committee. The location of meetings will be in San Francisco at the Bay Area Metro Center. BATA anticipates a stipend to members for meeting attendance. The term length for representatives is four years, and each representative is limited to two terms.

Applications are available online at https://www.contracosta.ca.gov/3418 or by contacting the Clerk of the Board’s Office at (925) 335-1900 or clerkoftheboard@cob.cccounty.us. Completed applications are due by 5 PM on August 9, 2019, and may be completed and submitted online, emailed to the Clerk of the Board of Supervisors, mailed or submitted to 651 Pine Street, Room 106, Martinez, CA 94553.

 

Transportation authority awarded $755,000 to plan future transit between Antioch and Brentwood

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CalTrans Sustainable Communities Planning Grant

The Contra Costa Transportation Authority (CCTA) won a Caltrans SB1 Sustainable Communities Planning Grant valued at $755,000 to support a study that will evaluate new transit options between the cities of Antioch and Brentwood in East Contra Costa County.

The East County Integrated Transit Study will guide the development of a plan for providing fast, frequent, high-capacity transit connections between Antioch and Brentwood that will directly integrate with existing local and regional services such as the Antioch BART station and Tri Delta Transit local bus service. The study will also look at improving connections to Capitol Corridor and ACE rail services, as well as proposed future ferry service between Antioch and Martinez. As part of its commitment to sustainable communities, CCTA will focus on new, zero-emission public transit options for potential outcomes of the study.

“Now that Highway 4 has been modernized to improve access to Eastern Contra Costa, I am pleased that we were successful in obtaining these funds to plan for a future that provides more transportation options to support economic growth and mobility for our residents,” says California Assemblymember Jim Frazier.

“We’re always looking for opportunities to harness new transit technology that can integrate with existing systems to create a smart, efficient network that easily connects people to their desired destinations,” explains CCTA Executive Director Randell Iwasaki. “This grant will enable us to expedite a much-needed study that will guide valuable transit improvements for Eastern Contra Costa County.”

“CCTA is a forward-looking organization,” states Bob Taylor, Mayor of Brentwood and Contra Costa Transportation Authority Board Chair. “I’ve always predicted a bright future for Eastern Contra Costa County and this grant win lays the foundation for the communities along Highway 4 to connect, grow, and prosper.”

Maintenance on Taylor Boulevard to begin Monday, July 1 run through July 11

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Taylor Blvd. vicinity map. From CCC Public Works.

Lafayette, CA – Contra Costa County Public Works will perform roadwork on Taylor Boulevard approximately 0.6 miles north of its intersection with Rancho View Drive starting July 1 through July 11, weather permitting. The Public Works Department’s contractor will repair and replace a disconnected concrete storm drainpipe and repair damage to the road pavement.

Traffic may be affected by temporary lane closures between the hours of 9:00 am – 3:00 pm, Mondays through Thursdays. A changeable message sign and other construction signs will be placed in advance of the construction activities.

Maintenance on San Pablo Dam Road to begin July 1 run through Oct. 3

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San Pablo Dam Road Construction Vicinity Map. Courtesy CCC Public Works.

El Sobrante, CA – Contra Costa County Public Works Department plans to repair a landslide along the western embankment of San Pablo Dam Road approximately 0.5 miles south of the Tri Lane intersection. The work will begin on July 1 with anticipated completion by October 3, weather permitting.

Traffic may be affected between the hours of 9:00 am – 3:00 pm, Mondays through Thursdays. Changeable message signs and other construction signs will be placed in advance of the construction activities.