County COVID-19 Ranking Expected to Improve to Red Next Week

County to Mail More than 700,000 Ballots for Nov. 3 Election

By Daniel Borsuk

For a county with five major petroleum refineries, the Contra Costa County Board of Supervisors took a major step in addressing climate change by adopting a three-page climate emergency declaration. 43116_BO_ADOPT Climate Emergency Resolution

About 30 people supported the resolution’s nine items dealing with the global environmental issue during the supervisors’ tele-conferenced Board meeting on Tuesday.  Supervisors also received a positive COVID-19 report from Contra Costa County Public Health Department officials and a report on the Nov. 3 California General and National Election from Contra Costa County Clerk-Recorder Deborah Cooper.

Upon adopting the climate change resolution, supervisors positioned the county in support of the State of California’s goals to cut greenhouse gases by 40 percent below 1990 levels by 2030, achieve net carbon neutrality by 2045, and provide 100 percent of the State’s electricity from clean energy sources by 2045.

The Board’s action also forms an interdepartmental task force of all county department heads or senior deputies that will focus on “urgently implementing the County’s Climate Action Plan – as currently adopted ….and identifying additional actions, policies, and programs the county will undertakes to reduce and adapt to the impacts of a changing climate.  This task force should report to the Board of Supervisors through the County Sustainability Commission and the Board’s Sustainability Committee on a semi-annual basis starting in March 2021.  Reports to the Board of Supervisors shall be discussion items for the Board.”

The resolution states that “Contra Costa County should develop policies to require all new construction to be fully electric through the adoption of Reach Building Codes.”

“Contra Costa County will prioritize the implementation of its Climate Action Plan in order to achieve greenhouse gas reductions as soon as possible and will consider equity and social justice issues in the implementation of the plan,” the Board’s resolution states.

In addition, the resolution states: “that health, socio-economic, and racial equity considerations should be included in policymaking and climate solutions at all levels and across all sectors as the consequences of climate change have significant impacts on all County residents, especially the young, the elderly, low-income, or communities of color and other vulnerable populations.”

Initially it appeared Board Chair Candace Andersen, who says she drives a hybrid car, was leaning to cast a “no” vote on the resolution, but after listening to about 30 speakers mostly in support of the resolution, the  Danville-based Supervisor voted in support of the resolution.  The Supervisor said she had an issue about the urgency of the state shifting from a fossil fueled based economy to an electric powered based economy that would potentially be more energy efficient and less environmentally harmful.

Jackie Garcia, a Lafayette-based builder, asked Supervisors to pass the resolution because “People want energy-efficient houses. People don’t use gas stoves anymore.  They use energy efficient electric stoves.”

“This resolution requires immediate action,” said Supervisor Karen Mitchoff of Pleasant Hill who also serves on the commission of the Bay Area Air Quality Management District. “I will support this resolution.”

Incoming Board Chair for 2021 Supervisor Diane Burgis of Brentwood, who said she has worked on environmental issues, especially related to water, said “I will support this resolution because it will directly affect our future way of life in Contra Costa County.”

Supervisor Federal Glover of Pittsburg, who was elected to serve as Vice Chair for 2021 by his colleagues provided he is reelected in November’s election against County Assessor Gus Kramer, said “This is a good first step. It gives people notice.”

In passing the resolution that more than 1,000 other California cities, counties and regional governmental agencies have done before Tuesday’s supervisors’ meeting, the Contra Costa resolution “declares a climate emergency that threatens the long-term economic and social well-being, health, safety,  and security of the County, and that urgent action by all levels of government is needed to immediately address this climate emergency.”

“Real Good News” on the COVID-19 Front

Contra Costa County Public Health Department Director Anna Roth informed supervisors there is “real good news” concerning COVID-19.  She expects the state to announce perhaps on Sept. 29 that the county’s COVID-19 status will be upgraded from purple to red.

The color change will mean the county will probably be allowed to open more businesses that have been shuttered since the public health shutdown order went into effect in March.

Roth expects some K-12 schools, as many as 35, could reopen for students with proper health protocols in place.  Roth said Contra Costa County Superintendent of Schools Lynn Mackey will oversee the reopening of the schools.

Roth reported there have been 15,156 COVID-19 patients in the County since the outbreak of the flu in March.  There have been 202 deaths in the county since March.  In the past 24 hours there were 52 COVID-19 patients reported in the county hospital and no deaths have been reported, she said. “Our County death rate is less than the national average,” she said.

In a push to increase the number of people who are tested for COVID-19, Contra Costa County Public Health Officer Dr. Chris Farnitano said about 330,000 residents have been tested.  “That’s still not enough,” said Dr. Farnitano, who said the County will open a drive-up test site at the Bay Point Health Center in October.

Dr. Farnitano said the county will start to give free flu shots at the County’s Antioch, Concord, Richmond and San Ramon drive up sites. “Vaccination is important because it is difficult to tell the difference between the flu and COVID,” he said.

More Than 700,000 Ballots Expected for Nov. 2 Election

The Contra Costa County Office of Elections expects to mail more than 700,000 ballots to registered voters for the Nov. 3 election, up from 687,000 ballots mailed last November to registered voters, said Contra Costa County Clerk-Recorder and Registrar of Voters Deborah Cooper.

“We encourage people to stay safe and vote by mail,” said Cooper.  There will also be 37 ballot drop boxes around the County so voters can drop off ballots 24/7 from Oct. 5 through Nov. 3.  Official ballots will be mailed to voters on Oct. 5, but if a registered voter has not received a ballot by Oct.  19 they should contact the Elections Office, (925) 335-7800.

Provide additional protections, retroactive to Sept. 1

By John Fout, Community & Media Relations Specialist, Contra Costa County Office of Communications & Media

At their meeting on Tuesday, September 22, 2020, the Contra Costa County Board of Supervisors unanimously passed an urgency ordinance that continues a moratorium on certain evictions for residential tenants in the County through January 31, 2021. Urgency Ordinance No. 2020-25 also continues a moratorium on certain residential rent increases through January 31, 2021. The Ordinance is retroactive to September 1, 2020.

Contra Costa County’s urgency ordinance provides additional protections to the state’s COVID-19 Tenant Relief Act of 2020 (the Act), which passed and took effect immediately on August 31, 2020. The Act extends eviction protections for residential tenants experiencing financial hardship related to COVID-19.

“The urgency ordinance demonstrates the Board’s continued commitment to protect residents struggling with the unexpected economic hardship caused by the COVID-19 pandemic,” said Supervisor Candace Andersen, Board Chair. “We continue to seek ways to support renters and landlords, and hope that all parties will resolve to work together during this challenging time.”

This law applies to properties in all 19 cities in the County and in all unincorporated areas. To the extent that a city has adopted a law on the same subject matter, then the city’s provisions would apply in that city.

Protections granted to residential renters:

• Ban on No-Fault Evictions – A property owner cannot evict a residential tenant for any “no-fault” reason except to protect the health and safety of the owner or another tenant, to allow the owner or their immediate family to move into the residential unit or to remove the unit from the rental market.
• Prohibits a landlord from terminating a residential tenancy on the basis that a tenant allowed an unauthorized occupant to live in the dwelling unit, if the occupant is the tenant’s immediate family member living in the dwelling unit as a result of the COVID-19 pandemic.
• Moratorium on Residential Rent Increases – A property owner may not increase rent on a residential property through January 31, 2021. State law prevents this freeze from applying to commercial tenancies and to certain residential properties, including residences built within the last 15 years and single family
• These prohibitions and the specified exceptions last through January 31, 2021.

Read the full document Ordinance No. 2020-25 (PDF). Answers to Frequently Asked Questions (FAQs) regarding this ordinance will be available and updated on the County website soon.

For information and resources, visit Contra Costa County at www.contracosta.ca.gov. For COVID-19 updates, visit Contra Costa Health Services at https://cchealth.org/coronavirus. If you have questions about the coronavirus, contact the multilingual Call Center at 1-844-729-8410, open daily from 8 am to 5 pm. For assistance after hours in multiple languages, please call 211 or 800-833-2900 or text HOPE to 20121.

Gioia makes his support conditional on reviewing county jail facilities for closure

Includes funding for the Sheriff’s Office to hire 24 deputies for mental health duties at  Martinez jail

By Daniel Borsuk

On the same day Contra Costa County taxpayers were pinched with a new $3.6 billion 2020-2021 fiscal year budget, supervisors also unanimously approved on Tuesday  a County Clerk-Recorder’s request to boost 2021 election ballot printing and mailing costs an additional $1.8 million to a new payment limit of $6 million.

“This is going to be the costliest election year that I have experienced in my 25 year -career,” Assistant Registrar of Voters Scott O. Konopasek said in reference to the upcoming Presidential election and how the county’s contract extension with K&H Printers-Lithographers, Inc. to print and mail ballots and election pamphlets will alarmingly rise again by $8 million for elections held in 2021.

Konopasek said Governor Gavin Newsom’s Emergency Order instructing California counties election officials to mail ballots to every registered voter for the November election means an additional 160,000 Contra Costa voters, or 25 percent of all registered voters, will receive ballots in the mail thereby driving up costs linked to printing and mailing.   That Emergency Order applies to any and all elections conducted in 2021.

 

While supervisors ignored the Registrar of Voters expense item, they unanimously approved the $3.6 billion 2020-2021 budget that garnered the support of all the supervisors, including Supervisor John Gioia of Richmond, who several weeks ago had said he would vote against the budget when it was ready for formal adoption.  He said he now supports the budget provided supervisors study the closure of the Marsh Creek detention facility, and to have a study conducted on the future of the Orin Allen Youth Rehabilitation Facility in Byron and Juvenile Hall in Martinez.

When Supervisor Karen Mitchoff of Pleasant Hill questioned Gioia why he switched his initial negative vote on the budget, Gioia responded, “I support the county budget as a whole that is over $3 billion and as long as these three issues – Marsh Creek, Orin Allen Youth Rehabilitation Facility and Juvenile Hall are studied and come back to the supervisors for consideration.”

County Administrator David Twa said supervisors can expect Covid-19 related costs to continue to increase over the next 12 to 24 months.  The county spent $131 million overall in Covid-19 connected expenses because it operates a hospital, health services for the homeless, provides Covid-19 testing and numerous other public health services.

Twa said operating costs will increase $28.4 million because of the newly opened County Administration Building and the Emergency Operations Center/Public Safety Building, both located in Martinez.

Supervisors provided funding for the Sheriff’s Office request to hire 24 deputies for the Martinez jail to handle mental health duties, a budget item that met public criticism especially in the summer aftermath of the George Floyd murder case.

Because of rising expenses, the county has placed on the November ballot a half-cent sales tax measure, Proposition X, that county officials counts on to generate new revenues, some $81 million a year for 20 years to fund hospitals, health centers, childhood services, and other community services.

WHAT: The Contra Costa County Hazardous Materials Commission seeks applicants for four open seats.

The commission is a voluntary body appointed by the Contra Costa Board of Supervisors that makes policy recommendations to the board and county staff regarding hazardous materials and hazardous waste.

WHO: The commission’s 14 members and alternates serve four-year terms and include representatives of industry, labor, civic groups, environmental organizations, environmental engineers, the public and the Contra Costa Mayors Conference.

The current openings are for a representative from an environmental organization and one alternate, and the Environmental Justice seat, for a member of a county community disproportionately impacted by hazardous materials releases, and one alternate.

All candidates must live or work in Contra Costa County, have a demonstrated interest in hazardous materials issues and an understanding and commitment to the principles of environmental justice as defined in county policy. Candidates must be able to commit to one to two meetings per month, or to fill in as needed for alternates.

Candidates for the Environmental seat must be nominated by an environmental organization.

WHEN: Mail completed applications to the Clerk of the Contra Costa Board of Supervisors, 651 Pine St., First Floor, Martinez, CA 94553. Applications must be received by September 30.

Interviews for qualified applicants will take place from 10 a.m. to 2 p.m. on October 9, by Zoom or telephone.

HOW: For an application form or more information, contact Michael Kent, the executive assistant to the commission at 925-250-3227. Applications are also available online or from the Clerk of the Contra Costa Board of Supervisors, 651 Pine Street, First Floor, in Martinez.

 

Antioch Mayor Wright “disturbed” by and doesn’t “agree with this approach”; 3 arrested for theft of $20,000 of alcohol in San Pablo not charged as looting; more cases affected by policy

By Allen Payton

Contra Costa County District Attorney Diana Becton issued a policy in June, that recently went public, requiring her Deputy DA’s assess the reason someone was looting during a state of emergency before filing charges against them. However, the policy doesn’t prevent police officers from arresting the looter, according to DA’s office spokesman, Scott Alonso. CCDA Looting Guidelines

In the document obtained by Red State News, and shared with the Herald today, reads:

“Theft Offenses Committed During State of Emergency (PC 463)

In order to promote consistent and equitable filing practices the following analysis is to be applied when giving consideration to filing of PC 463 (Looting):

1. Was this theft offense substantially motivated by the state of emergency, or simply a theft offense which occurred contemporaneous to the declared state of emergency?

a. Factors to consider in making this determination:

i. Was the target business open or closed to the public during the state of emergency?
ii. What was the manner and means by which the suspect gained entry to the business?

iii. What was the nature/quantity/value of the goods targeted?

iv. Was the theft committed for financial gain or personal need?

v. Is there an articulable reason why another statute wouldn’t adequately address the particular incident?”

“I am not sure how they obtained the policy. But it is our policy,” Alonso confirmed. The policy is true but the article in Red State is highly misleading and frankly wrong.”

He then shared a link to an analysis of the policy and articles about it by Red State and other publications on the Snopes website devoted to fact checking, which has some of it’s own controversial history in getting things wrong, at times.

Alonso then clarified matters by writing, “Nothing in the guidelines prohibits the police from arresting someone for a crime. It is really important to underscore these guidelines are because of the COVID-19 shelter in place given Governor Newsom’s statewide order to declare a state of emergency. We look at if the theft is because there is a state of emergency – or is this simply an offense contemporaneous to the state of emergency. We wanted to ensure consistency across the Office in considering any criminal charges for alleged violations of PC 463. Historically, prior to COVID-19 – we could find no recent evidence that our Office had filed looting charges during a state of emergency.”

“As you know, when evaluating any criminal case our prosecutors look at the circumstances surrounding the incident,” he continued. “These guidelines are consistent with how we evaluate criminal cases. The policy does not say we won’t file these types of cases. The Red State article is incredibly misleading and frankly written from a slanted point of view. The author of the piece did not reach out to us prior to publication. I appreciate you reaching out in advance of publishing anything.”

Section 463 of the California Penal Code states that a person convicted of second-degree burglary or grand theft during a state of emergency is guilty of the crime of looting, which can be punishable by imprisonment in county jail for one year. However, alternative sentencing for someone on probation can be issued for 180 days in jail and 240 hours of community service. The crime of petty theft during a state of emergency is increased to a misdemeanor punishable by six months in county jail or 90 days in jail and 80 hours of community service.

Mayor Wright Responds

In an email sent from his re-election campaign account on Monday, Antioch Mayor Sean Wright wrote to Antioch residents with the subject line, “Unbelievable what our District Attorney just did.”

“I am disturbed by our Contra Costa County District Attorney’s announcement that our police officers must consider if looters ‘needed’ stolen property before they can charge them with looting,” he wrote. “Our DA is the first and only DA in the nation urging this kind of guidance.”

“Looting that takes place in times of emergency, such as we are going through, is against the law,” Wright continued. “According to our DA, if the looters ‘need’ an item in a retail shop, for example, it is OK for them to take that item without being charged. I don’t agree with this approach – do you? Please feel free to share your thoughts on this by clicking here to send me an email.”

He then provided a link to an article about the matter on The Daily Wire.

3 Arrested for $20,000 Theft of Alcohol Not Charged With Looting

One of the cases already affected by the policy includes three people arrested during the COVID-19 pandemic for stealing $20,000 from a beverage store in San Pablo but not charged with looting. Another case involved a woman attempting to break into an ATM during the pandemic, who was also not charged with looting.

The Contra Costa Deputy Sheriffs Association and police officers’ associations in the county are expected to issue a response to the policy, soon.

“…change needed to upend a system rooted in slavery.” – District Attorney Diana Becton

By Allen Payton

In a joint commentary published on Politico.com last week, Contra Costa County District Attorney Diana Becton and four other district attorneys from across the country issued a statement on 11 criminal justice reform commitments. However, the commentary states they want to transform, not reform the system. The commentary was not sent to local media which cover Contra Costa County.

One of the points reiterates what Becton promoted in June, with other prosecutors in California, which is to ban political contributions from police unions to candidates for district attorney. However, questions to her about that issue, including asking if Becton would also support banning contributions from criminal defense attorneys, were never responded to.

The commentary begins with the claim, “Our criminal legal system was constructed to control Black people and people of color. Its injustices are not new but are deeply rooted in our country’s shameful history of slavery and legacy of racial violence. The system is acting exactly as it was intended to, and that is the problem. We should know: We’re Black, we’re female, and we’re prosecutors. We work as the gatekeepers in this flawed system.”

In that commentary, the five elected prosecutors also wrote, “ Each level of the legal system reflects a level of inherent bias, and unless we stop trying to reform the system and instead work to transform it, we will never achieve the kind of change needed to upend a system rooted in slavery. Working from within, we have begun the steps to rectify past wrongs. We are implementing policies that include declining to prosecute minor offenses, overturning wrongful convictions, refusing to take cases from officers with a history of racial bias and expunging marijuana convictions.”

“Now, we are pushing even further. We have decided to make the following 11 commitments, and we urge our fellow prosecutors to join us:

1. Do not prosecute peaceful protesters. Citizens have a right to protest, and prosecutions can antagonize marginalized communities.
2. Do not accept any funding from police unions. This will ensure our offices’ independence, and the ability to hold police accountable for injustice and misconduct.
3. Require the review of all available evidence — including body-worn camera and other video footage — in cases that rest solely on the testimony of an officer. One officer’s perspective cannot guarantee the full truth, and therefore all available evidence must be reviewed for the cases that come across our desks.
4. Ban “No Knock” warrants and reexamine our policies for issuing warrants. “No Knock” warrants are a violation of individual rights and represent an overreach of police power. They often result in unnecessary and tragic fatalities, as we saw in the case of Breonna Taylor.
5. Hold police accountable by pursuing criminal charges against officers unlawfully using excessive force and other forms of state-sanctioned violence.Each member of law enforcement must do their part to hold officers accountable for unlawful practices and misconduct to ensure the safety of every person who comes in contact with the legal system.
6. Expand our office policies on declining low-level offenses to cover decisions regarding charging and issuing warrants. By increasing our efforts to decline to prosecute certain low-level offenses, we can work to reverse the disproportionate impact the legal system has on Black people and low-income communities.
7. Financially support and advocate for increases in funding to community-led and community-defined responses, restorative justice and violence prevention programs. Investing in community-led programs is crucial to addressing the racist origins of our legal system.
8. Commit to using our office’s power and platform to advance discussions of divestment from the criminal legal system and toward community-led and community-defined responses to harm. Strong community support, restorative justice practices and diversion practices are key to dismantling the current legal system and shifting its focus from punishment toward justice.
9. Develop grant-based community reinvestment programs to be administered in partnership with community-based partners. Community programs have proved to lessen recidivism and keep people out of contact with the criminal legal system, while keeping communities safer, overall.
10. Solicit feedback from Black and brown community groups we were elected to serve through public, virtual forums in the next two weeks. Only by listening to the most impacted communities and advocates and bringing them to the table, will we truly understand their greatest needs and biggest challenges. Then, we will work together to rectify them.
11. Commit to budget transparency.A budget is a moral document, and our constituents have the right to see how we allocate our budget and what we are funding to invest in community supports and safety.”

To read the entire commentary on Politico, click here.

Includes hair salons & barber shops indoors, gyms & fitness centers outdoors, and indoor shopping malls at 25% capacity

By Contra Costa Health Services

The California Department of Public Health on Friday announced new statewide guidelines to make regulations and community re-openings more standardized throughout the state. Contra Costa and most other counties are now in the purple (most restrictive) tier.

According to these new state rules, hair salons and barber shops can now operate indoors in Contra Costa County with safety guidelines in place. Indoor shopping malls may also reopen at 25% maximum occupancy as long as public congregation points and food courts are closed and the mall has approved a COVID-19 safety plan from Contra Costa Health Services (CCHS). Gyms and fitness centers may begin operating outdoors in accordance with their own state guidelines and checklist.

These new state rules do not change the restrictions on in-person education, or the state’s school waiver process in Contra Costa.

We continue to evaluate the State’s new framework and its impact on our county, and we will provide additional information as it becomes available.

CCHS encourages businesses to adjust reopening plans as needed in response to changes in air quality in the county from Northern California wildfires. The county has issued a health advisory about smoke, encouraging all residents to stay inside when possible with doors and windows shut. For air quality updates and forecasts, visit the Bay Area Air Quality Management District website. Contra Costa Health Services urges residents to continue wearing face coverings when they go out or are near people outside their households, observe physical distancing, stay home from work or school when they do not feel well and wash their hands thoroughly and often.

 

Public and private elementary schools (TK – 6th grade) in Contra Costa County can now submit applications to allow in-person instruction at their campuses. In accordance with state guidelines, waivers may be granted “when requested by a local superintendent (or equivalent for charter or private schools), in consultation with labor, parent and community organizations. Local health officers must review local community epidemiological data, consider other public health interventions, and consult with the California Department of Public Health when considering a waiver request.

School districts will be asked to detail how they would safely conduct in-person classes and prevent the spread of COVID-19. Applications will go to the Contra Costa County Office of Education for an initial review before being sent to Contra Costa Health Services (CCHS) for further analysis.

CCHS and the County Office of Education have developed a checklist with safety measures schools must take in order to reopen. These measures include:

• A plan for testing of students and staff with COVID symptoms. Schools must also show they have a plan for periodically testing asymptomatic staff members.
• Each school must identify a person to help CCHS with contact tracing efforts if there is a positive case
• Showing how shared surfaces will be regularly cleaned and disinfected and how use of shared items will be minimized.
• Proper use of face coverings
• How students will be kept in small, stable, groups with fixed membership that stay together for all activities (e.g., instruction, lunch, recess) and minimize/avoid contact with other groups

Review by local and state officials will take approximately ten days. The state will make the final decision to approve or deny requests. Schools in counties such as Contra Costa that are on the state’s COVID-19 monitoring list can’t reopen unless granted a waiver by local and state health officials.

“We feel like we’ve reached a point where it makes sense to consider requests from elementary schools to reopen,” said Dr. Chris Farnitano, health officer for Contra Costa County. “Our role will be to ensure that schools have a solid plan in place to protect their students and staff and show us how they will work with the health department when there is a case to prevent further spread of the virus.

The state outlined the waiver process for elementary schools two weeks ago. CCHS did not immediately begin accepting waiver applications because of the increasing prevalence of COVID-19 in our community at the time.

Since then, the situation has stabilized enough to begin reviewing school-waiver applications, said Dr. Farnitano. Case rates and COVID-related hospitalizations, for instance, have leveled off in August after spiking in July.

While school districts are invited to apply, waiver requests may not be granted if the plan does not meet state or local health requirements, or if data show worsening conditions in the community. Some districts may choose not to submit an application if they cannot meet the requirements outlined in local and state guidelines. Middle schools and high schools are not eligible for waivers.