Or weekly negative test in spite of mild omicron variant symptoms and CDC discontinuing PCR tests as of Friday; includes police, firefighters, paramedics, ambulance drivers, and workers in hospitals, jails, nursing or congregate care facilities, and homeless shelters.

By Allen Payton

On Monday, Dec. 27, 2021, Contra Costa County Health Officer, Dr. Chris Farnitano issued another order mandating county first responders and workers in homeless shelters to verify they have received a booster dose of vaccine or a weekly negative COVID test.

Contra Costa Health Services claims it’s being done, “to better protect the county’s health system from becoming overwhelmed by the highly contagious omicron variant of COVID-19.”

This requirement applies within the county to law enforcement officers, firefighters and emergency medical personnel who work in or may respond to emergency calls at high-risk facilities such as hospitals, jails, nursing or congregate care facilities, as well as all workers in homeless shelters. It also applies to non-emergency ambulance workers who provide medical transport for such facilities.

The order, which takes effect on January 10, requires unboosted workers to test weekly with either a PCR or antigen test for COVID-19.

Yet, the CDC issued a Lab Alert on their website on July 21, 2021, that “After December 31, 2021, CDC will withdraw the request to the U.S. Food and Drug Administration (FDA) for Emergency Use Authorization (EUA) of the CDC 2019-Novel Coronavirus (2019-nCoV) Real-Time RT-PCR Diagnostic Panel, the assay first introduced in February 2020 for detection of SARS-CoV-2 only.”

In addition, the FDA posted on their website the CDC’s Real-Time RT-PCR Diagnostic Panel, dated that same day, which reported the tests do not necessarily work. It reads, “Positive results are indicative of active infection with SARS-CoV-2 but do not rule out bacterial infection or co-infection with other viruses. The agent detected may not be the definite cause of disease. Laboratories within the United States and its territories are required to report all results to the appropriate public health authorities. Negative results do not preclude SARS-CoV-2 infection and should not be used as the sole basis for treatment or other patient management decisions. Negative results must be combined with clinical observations, patient history, and epidemiological information.”

CDC 2019 Novel Coronavirus (nCoV) Real-Time RT-PCR Diagnostic Panel – Instructions for Use (fda.gov)

“The omicron variant is much more infectious than previous strains of COVID-19,” said Farnitano. “Boosting is necessary for the best protection from omicron infection and transmission. Our hospitals are at risk of being overwhelmed if a large number of our must vulnerable residents get sick. Our goal is to ramp up the protection around places where there is an elevated risk of exposure, and people who are at high risk of serious illness if they become infected.”

However, as previously reported, according to reports from throughout the U.S. and internationally, symptoms have been described as mild, and “extremely mild” by Dr. Angelique Coetzee, the South African doctor who first discovered and announced the new strain.

The order requires applicable workers to test weekly for COVID-19 and provide the results to their employers, or if fully vaccinated, provide proof that they have received a booster dose of COVID-19 vaccine within one month of becoming eligible. Employers are required to keep vaccination records for these employees.

Anyone 16 or older is eligible for a booster dose six months after they become fully vaccinated with the Pfizer or Moderna vaccines, or two months after they receive a dose of the Johnson & Johnson (Janssen) vaccine.

On Dec. 22, California added a similar statewide requirement for healthcare workers, home care workers, and employees of congregate care and detention facilities.

Omicron is already the dominant strain of COVID-19 in the U.S. The average daily number of newly detected COVID-19 cases in the county has risen about 156% in the past week with an average of 313 new cases per day, a trend expected to continue and potentially accelerate throughout California this winter.

Contra Costa identified the county’s first patients infected by this variant last week – two of the three initial cases were fully vaccinated, but none of them had received booster doses.

According to the Health Services announcement, about 36% of Contra Costa residents aged 16 and older have received a booster dose, which they claim reduces risk of infection from the omicron variant and dramatically reduces risk of serious illness, hospitalization or death from all variants of COVID-19.

Farnitano was asked specifics about his new health order including, “how many of the newly detected cases of COVID-19 in our county are from the omicron variant?” and “how many people who have been diagnosed with the omicron variant in our county been hospitalized?”

In addition, he was asked, “why mandate a COVID-19 vaccine booster dose for county first responders and workers in homeless shelters when both the vaccines and boosters are proving not to work, since people who have had both of them are still contracting COVID?”

Farnitano was also asked, isn’t this an unnecessary overreaction to the omicron variant, since the symptoms are being reported as mild.? He was then asked, with more than 1.3 million reported adverse reactions to the COVID-19 vaccines, why continue to mandate them and the boosters, putting first responders at risk, especially since the symptoms of the omicron variant are so mild?”

The unelected county health officer, whose orders can’t be overruled by the elected county supervisors, was asked, why he was including the PCR test as one of the mandate options when they have proven to give false reports and have been discontinued as of Dec. 31.

Finally, Farnitano was asked “are you not aware the FDA posted on their website the CDC’s Real-Time RT-PCR Diagnostic Panel dated that same day, which reported the tests do not necessarily work which is the reason the CDC discontinued their use?”

Dr. Farnitano didn’t respond. Instead, Will Harper, a spokesman for the county Health Services did, but he didn’t answer all the questions.

“Over the past two weeks, a growing number of lab samples in CoCo being sequenced are omicron,” Harper wrote in an email Wednesday afternoon. “We expect omicron to become the predominant variant in the county very soon. Check back in after the holidays.”

“Clearly, Omicron is extremely contagious as we see cases in Europe and parts of the U.S. spiking. While there are indications omicron is more mild than earlier strains, we don’t know that for sure. Even if it is milder, the sheer volume of cases from omicron could still have major impacts on our healthcare system,” he continued. “In Contra Costa, hospitalizations are up 39% from two weeks ago — a troubling sign, although still manageable right now.”

“The vaccines work — but we’re learning that their effectiveness wanes over time, which is why it’s so important for everyone ages 16 and older to get their booster shot, especially people in high-risk settings like first responders,” Harper added. “You can see on our vaccine dashboard that people who’ve gotten boosters have lower case rates.”

Additional questions were sent Wednesday night after work hours, asking, “but if the COVID vaccines wane in just months, while vaccines we received as kids, such as for smallpox, chickenpox and polio, etc. last a lifetime, how can anyone claim the COVID vaccines work? Or were they designed and developed with obsolescence so people would be required to get booster shots? What happens when the booster shots wane? Will people be required to get another, and another? When will it end?”

The text of the order is available at cchealth.org/coronavirus.

Please check back for any updates to this report.

Only 60 COVID cases hospitalized in county as of Tuesday, Dec. 28, 2021

Three requirements to lift order, one met, one close; admits vaccines don’t last

“An exception remains for religious gatherings” – Will Harper, Health Services spokesman

With the highly contagious COVID-19 omicron variant circulating in Contra Costa County, Contra Costa Health Services (CCHS) announced a health order today requiring masks in all public indoor places without exceptions for certain indoor settings. That’s in spite of the fact only 60 people infected with COVID are currently hospitalized in the county according to the health services’ dashboard. But that’s the only one of three requirements the county currently meets in order to lift the order.

It’s also in spite of reports from throughout the U.S. and internationally, symptoms have been described as mild, and “extremely mild” by Dr. Angelique Coetzee, the South African doctor who first discovered and announced the new strain, as has been reported by the Herald. (See related article)

Previously, fully vaccinated public speakers and performers, and fully vaccinated groups of 100 or fewer people were allowed to remove their face coverings under controlled conditions.

The order, which goes into effect at 12:01 a.m. on Dec. 29, 2021, now requires all people in Contra Costa, regardless of vaccination status, to mask in public indoor settings.

Dr. Ori Tzvieli, Contra Costa County deputy health officer, who issued the order, offered an explanation for it.  “Based on the increase in the number of people who are fully vaccinated becoming infected with the COVID-19 virus, exempting groups of people from the face covering requirement applicable to public indoor spaces based only on their fully vaccinated status can no longer be justified,” he wrote. “On the contrary, continuing to allow for these exceptions could lead to additional exposures, cases and hospitalizations.”

Many other Bay Area counties already require everyone to mask in all indoor public settings. But not all do.

According to the health order, “Since the issuance of the Prior Order, the protection offered by all three of the COVID-19 vaccines authorized for use in the United States has been found to wane after a period of time.”

“The omicron variant is very contagious, and we now know that anyone, regardless of vaccination status, can spread this variant to other people,” said Dr. Tzvieli. “We anticipate the case rate and hospitalization numbers to increase over the coming weeks. To reduce spread, cases and hospitalizations, we all need to wear masks anytime we are in an indoor public setting.”

The first case of the omicron variant was first identified in the county on Dec. 18, and since then case rates and hospitalizations have significantly increased. The average number of daily new COVID-19 cases has increased 149% over the last week and hospitalizations have risen 31%.

Because cases and hospitalizations involve both unvaccinated and fully vaccinated people, CCHS strongly urges everyone to get vaccinated and boosted as soon as they are able.

COVID-19 vaccines, including booster doses, continue to offer the most effective protection against hospitalization and death from all variants of COVID-19 circulating in the county.

Three Requirements to Lift Order, One Met, One Close

The county currently meets only one of the three requirements for lifting the indoor masking order. They will remain the same, progress can be tracked on the county’s Indoor Mask Dashboard and include: Contra Costa County must be in the CDC’s Moderate (yellow) tier for at least three consecutive weeks. Currently the county is in the next highest orange tier. In addition, in order to lift the indoor masking order, there must be fewer than 75 COVID-19 hospitalizations in Contra Costa County. Currently there are 60, meeting that requirement. The final requirement offers two options, both of which are close to being met: 80% of the total Contra Costa County population must be fully vaccinated against COVID-19. Currently 78% of the total population in the county is. The other option is 8 weeks after FDA/CDC/Western States Emergency Use Authorization for COVID-19 vaccine of 5- to 11-year-olds. It has been 7 weeks since that occurred, so this third requirement will be met next week.

Questions were sent via email to county health services staff after work hours on Tuesday, asking if the order applied to those working out inside a gym or health club and to those attending worship services.

UPDATE: According to Health Services spokesman Will Harper, “An exception remains for religious gatherings, but pretty much all other indoor settings (including gyms and fitness centers) require masking. See our Health Orders page for details.”

That page provides more specifics of the mask order:

Requiring All People to Wear Masks in Indoor Public Settings

Date of Order: 8/2/2021, Amended: 8/6/2021, 9/1/2021, 10/14/2021, 12/28/2021

All people in Contra Costa, regardless of vaccination status, must wear face coverings in indoor public settings until further notice. Public settings include but are not limited to:

• Business offices
• Retail stores
• Restaurants
• Gyms and fitness centers
• Theaters
• Family entertainment centers
• Meeting rooms
• State and local government facilities where services are provided to the public

This order does not apply to people in the following circumstances:

• When alone in a room.
• When actively eating or drinking.
• When swimming or showering.
• When receiving care or other service that requires removal of the face covering, including by way of example and without limitation, medical care requiring exposure of the nose or mouth, cosmetic services involving the face, and dental procedures.
• When participating in a religious activity at a religious gathering, to the extent that removal of face coverings is necessary for participation.
• When exempt from wearing face coverings under the State Face Covering Guidance or other applicable California Department of Public Health (CDPH) guidance. The State Face Covering Guidance exempts the following individuals from wearing masks:
  • Persons younger than two years old. Very young children must not wear a mask because of the risk of suffocation.
  • Persons with a medical condition, mental health condition, or disability that prevents wearing a mask, including persons with a medical condition for whom wearing a mask could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a mask without assistance.
  • Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication.
  • Persons for whom wearing a mask would create a risk to the person related to their work, as determined.

The text of the order is available at cchealth.org/coronavirus.

Copies of this Order shall promptly be: (1) made available at the Office of the Director of Contra Costa Health Services, 1220 Morello Avenue, Suite 200, Martinez, CA 94553; (2) posted on the Contra Costa Health Services website; and (3) provided to any member of the public requesting a copy of this Order. Questions or comments regarding this Order may be directed to Contra Costa Health Services at (844) 729-8410.

Allen Payton contributed to this report.

 

Cases in which a jury has already been empaneled and the trial underway, will proceed as previously scheduled.

By Allen Payton

In response to concerns of juries being cancelled as of Monday, Dec. 27, a spokesperson for the Contra Costa Superior Court provided the following explanation:

“The Court remains open and fully operational with one exception. The Court has suspended jury selection/panels out of an abundance of caution with the increased infection rate in the County having risen 165%.  This will only impact any case in which voir dire is currently underway or in cases set to begin between now and January 14th. Cases in which a jury has already been empaneled and the trial underway, shall proceed as previously scheduled.

This is a very disappointing development as the Court was making good progress in addressing the backlog of cases.

That said, the risk of exposure and infection for court employees and court users (including defendants detained in county jail) is too great for the time being in light of the new COVID-19 variant and significant rise in infection rates in Contra Costa County.

All other services remain open to the public and are functioning.”

Two fully vaccinated; symptoms described as mild and “extremely mild”

By Allen Payton

Contra Costa Health Services announced, Monday, that genomic sequencing of positive COVID-19 test results from the county has identified three cases with the Omicron variant of the virus. The results confirm the presence of the highly contagious variant in the county. However, according to reports from throughout the U.S. and internationally, symptoms have been described as mild, and “extremely mild” by Dr. Angelique Coetzee, the South African doctor who first discovered and announced the new strain.

None of the three people in Contra Costa infected with Omicron had gotten a booster shot, although two were fully vaccinated. So far, no one has been hospitalized.

According to the CDC, the first confirmed U.S. case of Omicron was identified on December 1, 2021. In addition, “CDC expects that anyone with Omicron infection can spread the virus to others, even if they are vaccinated or don’t have symptoms.”

“We knew it was just a matter of time before the omicron variant appeared in Contra Costa County,” said Dr. Chris Farnitano, Contra Costa County health officer. “We’ve been encouraging anyone who is eligible to get a booster dose of the Pfizer or Moderna vaccine to do so. With today’s news and the holidays just around the corner, that message is even more important. People who get the booster are far less likely to get gravely ill or be hospitalized. That’s our wish for this holiday season.”

Omicron likely circulated in the community for several weeks. It had previously been detected in several other Bay Area counties, and genetic evidence of the variant was detected in a wastewater sample from central Contra Costa on Dec. 8.

Just Over One-Third of County Residents Have Had Booster Shots

As of today, just over one-third of eligible Contra Costa residents had received a booster dose of the COVID-19 vaccine.

While public health experts are not recommending that those who are vaccinated and or who have received the booster dose cancel holiday plans, they are urging caution. Ways to reduce risk of becoming exposed or spreading COVID-19 include:

• Staying home and isolating themselves if they develop COVID-19 symptoms, which can often resemble cold or flu symptoms
• Getting a COVID-19 test promptly if symptoms develop
• Getting a COVID-19 test before traveling or gathering with people who do not live with you, and again three to five days after traveling or gathering
• Wear masks or face coverings in indoor public spaces, and when gathering indoors with people who do not live with you

Home COVID-19 tests are fast, convenient, and available at many drugstores. No-cost testing is also available through CCHS by calling 1-833-829-2626 or making an online appointment.

The 7-day average number of daily new COVID-19 cases reported in the county has increased about 5% over the past two weeks, and the number of people hospitalized in Contra Costa because of the virus has remained stable so far, this month.

The delta variant of COVID-19 remains the predominant strain in Contra Costa, accounting for more than 97% of genetically sequenced COVID-19 samples collected in the county.

Visit cchealth.org/coronavirus for updates and more information about Contra Costa’s emergency response to the pandemic.

 

3,016 more in Antioch; 44,000 in Contra Costa

After two years of collaboration, plan to expand Bay Area’s housing opportunities approved during public hearing, Thursday night

“The next steps are for (the 110) Bay Area cities, towns and counties to update their housing elements by January 31, 2023…and plan for housing at all income levels.” – ABAG President and Berkeley Mayor Jesse Arreguín

SAN FRANCISCO, December 17, 2021 . . . The Association of Bay Area Governments (ABAG) at last night’s Executive Board meeting approved the Final Regional Housing Needs Allocation (RHNA) Plan for the San Francisco Bay Area, 2023-2031.  The state Housing and Community Development Department requires the Bay Area to plan for and revise local zoning to accommodate 441,176 additional housing units during the 2023-31 period.  The approved final RHNA plan distributes this requirement among the region’s nine counties and 101 cities and towns, with allocations ranging from 72 units in the Napa County town of Yountville to more than 82,000 units in San Francisco.

The plan requires communities in Contra Costa County to add 43,970 housing units, almost 10% of the total, during the time period, with Walnut Creek (5,805 units), San Ramon (5,111) and Concord (5,073) being allocated the highest number of housing units, followed by Richmond and Antioch being allocated 3,614 and 3,016 units, respectively. More than half of Antioch’s allocated units are in the Moderate (80-120% of Area Median Income) and Above Moderate (Greater than 120% of Area Median Income) which should be easily met with the more upscale, remaining homes to be approved and built in the Sand Creek area of the city.

“The Final RHNA Plan’s passage concludes a two-year regional collaborative process, reflecting hundreds of hours of work by staff, elected officials and stakeholders,” noted ABAG President and Berkeley Mayor Jesse Arreguín. “This is an important step in our region’s efforts to address our housing crisis. Every city and county must do their part to address our housing and homelessness crises. With this RHNA Plan, local governments will have to rezone and plan for significantly more housing than before. This plan also affirmatively furthers fair housing by distributing housing growth equitably throughout the region addressing decades of racial and economic segregation. This is also part of a much bigger effort being undertaken by ABAG and the Metropolitan Transportation Commission to provide resources and technical assistance to local agencies and generate new funding sources for affordable housing in the Bay Area.”

“The next steps,” Arreguín continued, “are for Bay Area cities, towns and counties to update their housing elements by January 31, 2023, to reflect the new RHNA allocations and plan for housing at all income levels. The Regional Housing Technical Assistance Program (RHTA) is ready to provide local jurisdictions with the financial support and technical assistance they need to complete these steps.”

Funded by the state’s Regional Early Action Planning grant, ABAG created RHTA to help local agencies update the housing elements of their general plans, ensuring that Bay Area cities, towns and counties take the steps to move from plans to implementation and remain competitive for various state funding programs to increase housing opportunities. RHTA includes some $11 million in direct assistance to local governments as well as other support.

The Bay Area Housing Finance Authority (BAHFA) is another part of ABAG’s and the Metropolitan Transportation Commission’s expanded regional housing portfolio. “As the first regional housing finance authority in California, BAHFA has the potential to raise hundreds of millions of dollars to help meet the Bay Area’s urgent housing affordability challenges,” explained Oakland Mayor Libby Schaaf, who chairs the BAHFA Oversight Committee. “The RHNA Plan establishes the housing at each income level that Bay Area’s communities need to plan for, but BAFHA provides an opportunity to fund the solution: providing more housing for everyone in the Bay Area. This makes it an important part of the Bay Area’s housing toolbox as we work together to protect existing affordable housing, to prevent displacement of current residents and to promote the construction of more new housing units.”

ABAG is the council of governments and the regional planning agency for the 101 cities and towns, and nine counties of the Bay Area. Additional information is available on the regional housing programs’ individual webpages:

RHNA: https://abag.ca.gov/our-work/housing/rhna-regional-housing-needs-allocation

RHTA: https://abag.ca.gov/our-work/housing/regional-housing-technical-assistance

BAFHA: https://abag.ca.gov/our-work/housing/bahfa-bay-area-housing-finance-authority

Allen Payton contributed to this report.

By Allen Payton

The Contra Costa District Attorney’s Office announced, last Friday, their new Neighborhood Restorative Partnership program. It is a neighborhood-focused restorative justice initiative addressing root causes of criminal behavior, reducing recidivism, enhancing community relationships, and promoting public safety and quality of life. The NRP is a program in which eligible individuals are given an opportunity to take responsibility and repair the harm they caused through a community-based process, instead of a courtroom.

This program is:

• A community-based pre-filing program.
• A program designed to give individuals an opportunity to take responsibility and repair harm they cause.
• And will consist of community volunteers trained as panelists to find solutions that help address the harm caused by these offenders and by focusing on restoring all who have been impacted.

U.S. DOJ Study Found “Moderate” and Lower Program Results

A U.S. Department of Justice Office of Justice Programs study, published in 2017, that “systematically reviewed all available research that, at a minimum, compared participants in a restorative justice program to participants processed traditionally by the juvenile justice system”, found that such programs had a “moderate reduction in future delinquent behavior” and the “results were smaller for the more credible random assignment studies”.

“Abstract – The distinctive feature of restorative justice programs is the objective of addressing the causes of the offender’s delinquent behavior while remedying the harms caused to the victims. A fundamental component of restorative justice programs is some form of dialog or interaction between the offender and the victim or a victim surrogate, with some programs extending participation to family and community members. Examples of restorative justice programs include victim-offender mediation, family group conferencing, and sentencing circles. Also, some routine practices of the juvenile justice system such as restitution are consistent with restorative justice principles, and some programs incorporate some aspect of the framework, such as teen courts. This systematic meta-analysis of evaluation research on restorative justice programs identified 99 publications, both published and unpublished, reporting on the results of 84 evaluations nested within the 60 unique research projects or studies. From these studies, the meta-analysis extracted results related to delinquency, non-delinquency, and outcomes for the youth and victims participating in these programs. Overall, the evaluations of restorative justice programs and practices showed a moderate reduction in future delinquent behavior relative to more traditional juvenile court processing; however, these results were smaller for the more credible random assignment studies, which raises concerns about the robustness of this overall result. Additional high-quality research of such programs is warranted, given the promising but uncertain findings. 14 tables, 30 figures, and search notes”

Questions for DA Becton & Program Coordinator

Both District Attorney Diana Becton and program coordinator and Janet Era, Assistant Investigator/Facility K9 Handler with the DA’s office, were asked the following questions about the program on Monday:

Do you have more details about the Neighborhood Restorative Partnership that you can share?

How will the community-based process work? Is it just for juveniles or adults, too?

How many panelists per neighborhood panel? When and where will the panels meet?

How can you assure an individual that is the focus of the effort will actually attend their meeting with the neighborhood panel?

What percentage of individuals assigned to such programs actually show up for their neighborhood panel meeting? If they do, what are the kinds of assignments that can be ordered by the panel for the individual to “to take responsibility and repair the harm they caused”? Who provides the enforcement to ensure the assignment is completed?

Are the assignments based on a negotiated agreement with the individual and victims?

What if there are costs involved to repair the harm they caused will the individual be required to pay those costs? What if they can’t afford to do that, will the costs be paid for by the program?

Once the assignment is completed, what happens next? Is their record expunged?

How much will the program cost?

Finally, are you aware of the US DOJ study published in 2017 showing such programs for juveniles have a moderate impact or less?

Program Coordinator Responds

In an email response received, today, Era wrote, “The Neighborhood Restorative Justice Partnership (NRP) is an adult diversion program. NRP provides an opportunity for the participant to resolve their case in the community as opposed to a courtroom, by utilizing restorative justice practices. Offenders are given an opportunity to take responsibility and repair the harm they caused through a community-based resolution process.

NRP provides an opportunity for the victim to be heard and for the community to participate in the resolution process. We anticipate three panelists per panel. Eligible cases are diverted by the District Attorney’s Office into the NRP program. While participation is voluntary, participants must be willing to take accountability for their actions that caused the harm. Each case is unique; therefore, panelists will prepare individualized obligation plans for each participant.

Upon successful completion of the program, criminal charges will not be filed. NRP will track recidivism of the participants who complete the program for a period of 24 months. We have shadowed other agencies in other counties, including Yolo County, Los Angeles City Attorney, and San Francisco County. These counties have published a high rate of success at reducing recidivism. If the individual does not complete the program, criminal charges will be filed by the District Attorney’s office.

The procedures, guidelines, and logistics for the Neighborhood Restorative Justice Partnership are still under development. Participation is voluntary and confidential. There are no program fees, however there may be costs associated with repairing the harm caused by the individual.”

Program Contact Information

If interested in becoming a panelist with the Contra Costa County District Attorney’s Office, please complete an application and send to:

Contra Costa County

District Attorney’s Office

Attn: Janet Era

Assistant Investigator/Facility K9 Handler

Contra Costa County Office of the District Attorney

Neighborhood Restorative Partnership

900 Ward Street, 2nd Floor

Martinez, CA 94553

DA-NRP@contracostada.org

Click on this link for a copy of Application

Click on this link to view NRP Flyer

Makes permanent position for Interim Public Defender after 20 years with the department; will earn $433,641 in annual salary and benefits

By Allen Payton

As previously reported, during their final meeting of the year on Tuesday, the Contra Costa Board of Supervisors promoted Interim Public Defender Ellen McDonnell as Contra Costa Public Defender at an annual salary of $340,510 in addition to $93,131 in pension annual compensation.  She will officially take over the role of Public Defender from the retiring Robin Lipetzky effective Jan. 1, 2022.

She started with the department in 2001 and will oversee a $36 million budget and 145 employees.

McDonnell holds a Juris Doctors degree from California Hastings College of the Law and a Bachelor of Arts degree and double major in Spanish and Italian from Florida Atlantic University in Boca Raton.

She has been a member of the California State Bar since 2011.

When reached for comment District 1 Supervisor John Gioia showered praise on the county’s new public defender.

“Ellen has been at the department for several years, so, it’s great to elevate to the top position someone who has worked their way up in the department,” he said. “She understands the issues, has support of her staff and will be a great public defender.”

“Ellen understands the constitutional balance in our system, for those who are accused, so innocent people aren’t convicted,” Gioia continued. “She has been very involved in re-entry solutions. She and the department have helped individuals successfully, and safely, return to housing and employment, which lowers the chance of repeating offenses and keeps the community safer.”

McDonnell had been serving as the Interim Public Defender for Contra Costa County since August, she shared. According to the Contra Costa Public Defenders’ website,  during her two decades at CCPD, Ellen has specialized in representing clients in serious felony cases, been the public face of the office throughout the community and the local criminal court system, and led a dramatic expansion in innovative and holistic defense programs. Most recently, as Chief Assistant, she managed CCPD’s operations and oversaw the office’s divisions. As Interim Public Defender, Ellen stewards the office’s commitment to client advocacy, high-quality litigation, and holistic defense.

“I’m so honored to have been appointed by the Board of Supervisors with the recommendation of County Administrator Monica Nino,” McDonnell said. “I am thankful for their leadership and the trust that they’re placing in me with this appointment.”

“I’m excited to continue to lead an office of highly skilled and talented attorneys, investigators, social workers, legal assistants and clerical staff, and continue to serve the community of Contra Costa,” she continued.

“The mission of the Public Defender’s office is to vigorously defend our clients at all stages of the criminal justice process,” McDonnell shared. “A core part of our mission is also to bring our clients back into the community with support that leads to better outcomes for those we represent, their families and the community at large. We do that by connecting our clients with community-based solutions for housing, employment, healthcare and mental health resources.”

“When we look at the whole person in stabilizing individuals, we play a critical role in contributing to public safety,” she concluded. “Our office will remain committed to addressing racial disparities in the local criminal legal system and implementing new, needed, legal reforms.”

Since becoming interim public defender, McDonnell has been and will continue serving on the county’s Racial Justice Oversight Body which focuses on that commitment.

Ellen joined CCPD in 2001 after receiving her Juris Doctorate from UC Hastings College of Law, where she was a member of the Hastings Law Review. She represented clients with misdemeanors and felony cases, and has tried numerous homicide and life cases. Ellen is a skilled trial attorney and a fierce advocate, especially for those suffering from mental health conditions.

Ellen led the expansion of CCPD’s Clean Slate program and spearheaded community outreach efforts in response to the passage of Proposition 47 in 2014. Ellen coordinated and led numerous Clean Slate Day community events. She collaborated with justice system stakeholders and community-based organizations in order to assist thousands of community members in clearing their records and providing a path to rehabilitation.

Ellen has been at the forefront of implementing legislated criminal justice reforms in the Contra Costa legal system, including Prop 47, Prop 64, Felony Murder Reform, and Bail Reform. Through Ellen’s leadership, Contra Costa County has seen a reduction of incarceration rates, improved sentence equity, the minimization of court-imposed debt, and the elimination of barriers for impacted people.

Ellen has also collaborated with local groups working towards a more just and safer Contra Costa.  These include the county’s Pretrial Services work group, Contra Costa LEAD diversion Local Advisory Committee (LAC), the Prerelease Planning work group, the Smart Reentry Task Force, the Alliance to End Abuse Core Project Team, and the Steering Committee for the Reentry Success Center.

Ellen helmed CCPD’s holistic defense approach.  She expanded the scope and reach of the office’s services through grant funded programs, garnering state and federal recognition as a model for other defender organizations.  In 2016, Ellen became the supervisor of the office’s reentry programs unit, managing CCPD’s AB109 budget and securing philanthropic and governmental funding for reentry services. Ellen also launched the Early Representation Program (EarlyRep) dedicated to preventing failures to appear in court and diverting cases from the criminal justice system. EarlyRep was awarded the Defender Program of Year by the California Public Defender Association in 2019.

Ellen secured funding to launch the Holistic Intervention Partnership (HIP), a collaborative public-private partnership which offers intensive case management, funding for housing services, and other critical resources to those impacted by our criminal legal system. CCPD was one of only two Public Defender’s Offices in the state to receive Justice Assistance Grant (JAG) funding for innovation in indigent defense.

Ellen is regularly invited to speak about holistic defense and implementing criminal justice reforms.  She has presented to many groups including the California Judicial Council, the US Department of Justice, National Legal Aid and Defender Association (NLADA) Chief Defender Council, and the American Society of Criminology.

Ellen was appointed by the Chief Justice of the California Supreme Court to the Judicial Council’s Price of Justice Initiative: Ability to Pay Workgroup, the Futures Traffic Workgroup, and the Traffic Advisory Committee.  She was also appointed as a member of the Executive Steering Committee of the State Board of Community Corrections tasked with making recommendations for Law Enforcement Assisted Diversion (LEAD) funding.

Ellen, who grew up in West Virginia and Florida, is a resident of Walnut Creek, where she lives with her husband and two children. Ellen speaks fluent Spanish, and she is proud to be a lifelong Contra Costa Public Defender.

Dan Borsuk contributed to this report.

 

Will provide garage, medical clinical office, and expanded radiology lab at Contra Costa Medical Center in Martinez; following crackdown, one restaurant still violating COVID-19 health orders as cases increase; appoint new Public Defender

“If you want to send me an email and still want to call me a ‘b***’ go ahead.” – Supervisor Karen Mitchoff in response to critics of her crusade to crack down on restaurants out of compliance with county health orders

By Daniel Borsuk

On a 4-0 vote, the Contra Costa County Board of Supervisors paved the way for officials of the over-used Contra Costa Regional Medical Center to spend $75 million of Measure X half-cent sales tax funds to construct a parking garage, a medical office complex and a state-of-the-art public health laboratory at Tuesday’s final board meeting of the year. (See CCRMC Proposed Master Plan)

With Board Chair Diane Burgis absent because of the death of her husband Richard Clayton for whom supervisors adjourned the meeting in honor of, supervisors narrowly met the super-majority requirement to tap into 2020 vote-approved sales tax measure revenues for the purpose of enhancing facilities at the over-used medical complex in Martinez.

Contra Costa Public Health Director Anna Roth pitched the three CCRMC capital improvement projects based on the fact the publicly funded medical center in the past year has treated 142,000 patients due to COVID-19, a 540 percent increase.  The center has saved the lives of about 26,000 county residents, 70 percent of whom are on Medi-Cal. Seventy percent of the CCRMC patients do not speak English, Roth noted.

She said the medical center has been crushed with a 540 percent increase in patients seeking medical care over the past 20 years while the physical components of the medical center have been unchanged. Roth also shared there has been at least one case where a pregnant woman had safely delivered her baby in the medical center parking lot because of the unavailability of parking. According to the presentation, three babies were born in the parking lot during the last year. The proposed 325-space parking structure along with valet parking would help alleviate the parking problem, she asserted.

Marianna Moore, chair of the board of supervisors’ appointed Measure X Advisory Committee, cast concern that the supervisors’ action on the medical center capital projects might be premature and negatively hit future Measure X funding of other public services.

“This is a one-time expenditure,” responded District 4 Supervisor Karen Mitchoff of Pleasant Hill. “There will be money for other projects. The longer we delay on capital improvement projects like these the more expensive it becomes.”

Upon acknowledging Measure X chairperson Moore’s comments, District 1 Supervisor John Gioia remarked “I hear the concerns of the Measure X panel for this board to be transparent and open.” Yet, he pointed out how three major local nonprofit health providers – Kaiser Permanente, John Muir and Sutter Medical – skirt regulations that county-operated medical institutions must obey.

“They get an equity worth $25 billion in tax breaks and don’t have to encounter public scrutiny that publicly operated health care operations like Contra Costa County’s have to abide by. I am proud of the public health successes in Contra Costa County, but we need help from the nonprofit health care organizations too.”

In addition to the proposed parking garage, the supervisors’ action paves the way for the medical center to have a $30 million 40,000 square foot medical-clinical office building constructed and a $5 million 5,000 square foot state-of-the-art intervention radiology suite built.

One Restaurant Remains Out of Compliance With COVID-19 Health Order, Mitchoff on the Defense

In a follow up to last week’s meeting where Supervisor Mitchoff questioned the Health Department’s code enforcement capabilities in shutting down 13 restaurants willfully out of health code compliance, Roth announced there is currently only one eatery that is still not following health code requirements.

She did not identify the business. “All but one of the establishments are now in compliance,” said Roth.

Roth said her department has added four code enforcement officers since last week when Mitchoff blew the lid off the health department’s health code performance.

“I appreciate the progress the health department has made,” said Mitchoff. “There is still one restaurant to follow up on. One restaurant will probably have to close.”

Mitchoff, who will serve as board chair next year instead of vice chair Federal Glover of Pittsburg in recognition of her public service as she has announced she won’t seek reelection in 2022, attacked her critics on her crusade to shut down out-of-compliance restaurants.

“There’s recently been vitriolic and unclear language and comments lodged at me,” said Mitchoff, whose been a frequent target of hate emails. “If you want to send me an email and still want to call me a ‘b***’ go ahead. It would be much better if those who dislike me to write letters and that everyone gets vaccinated and wears masks. I hope to start the new year with much more appreciated language.”

County COVID-19 Cases Increase

In the meantime, Roth said Contra Costa County’s vaccination rate of 76.8 percent remains above the national average of 69.9 percent.

The county’s active COVID-19 case load stands at 1,463, an increase of 18.9 percent over a two-week period. Forty-three patients were in hospitals in the county because of COVID-19.

“Ninety-seven percent of the cases in Contra Costa County are of the Delta strain,” remarked Roth. She said there have been signs of the new Omicron variant appearing in wastewater in the county, but nowhere else.

Because of wintertime conditions forcing Californians to hunker down indoors, Contra Costa County Health Officer Dr. Chris Farnitano informed supervisors the State was expected to announce a new indoor public face mask order. The order would be in place through Jan. 15, 2022.

In a related action, supervisors adopted an ordinance calling for the continuation of remotely conducted meetings into January 2022.  The ordinance also applies to commissions and advisory committees.

Ordinance Temporarily Halts North Richmond Fulfillment Center Openings  

In response to increasing vehicle emission air pollution and traffic-pedestrian safety concerns issues stemming from the buildup of fulfillment centers in the unincorporated North Richmond and Richmond areas, supervisors imposed a 45-day moratorium on the opening of new fulfillment centers.

“Richmond and North Richmond have become a major destination for fulfillment centers,” said Supervisor Gioia, whose District 1 cover those areas. “We don’t want North Richmond to become a wall-to-wall fulfillment center magnet.”

The purpose of the ordinance Gioia has introduced is to compel these enterprises to deliver their products with electric vehicles.   It aims to have 33 percent of a company’s fleet of vehicles electrified immediately and by 2027 100 percent of a business’s fleet of vehicles must be electrified.

At least five fulfillment centers are either under construction or planning phase, said John Kopchick, director of the Contra Costa County Conservation and Development Department.

No one from the fulfillment center sector spoke on the ordinance regulating the electrification of vehicle fleets, but Donald Gilmore of North Richmond Recreation said the ordinance does not go far enough.

“North Richmond is significantly impacted by these warehouses and the traffic coming from them. Pedestrian safety is a pressing problem. We need more time to figure out a plan,” said Gilmore.

Appoint New Public Defender

Supervisors promoted Deputy Public Defender Ellen McDonnell as Contra Costa Public Defender at an annual salary of $340,510 in addition to $93,131 in pension annual compensation.  She will officially take over the role of Public Defender from the retiring Robin Lipetzky effective Jan. 1, 2022.

She started with the department in 2001 and will oversee a $36 million budget and 145 employees.

McDonnell holds a Juris Doctors degree from California Hastings College of the Law and a Bachelor of Arts degree and double major in Spanish and Italian from Florida Atlantic University in Boca Raton.

She has been a member of the California State Bar since 2011. (Read more about McDonnell in a separate article.)