Mitchoff questions holding July 4th parades; approve funds to address illegal dumping

By Daniel Borsuk

Fourth of July celebrations are around the corner and the Contra Costa County Board of Supervisors on Tuesday took a strident step in minimizing fires by unanimously passing a stronger fireworks ordinance that pins financial liability on owners of property and vessels where fireworks are used in unincorporated areas of the county.

Recognizing the extreme dry vegetation conditions the county now faces due to low winter rain fall, supervisors passed the ordinance as a consent item without hearing citizen comments on Ordinance No. 2021-19 that amends the county’s fireworks ordinance, Chapter 44-2 of the County Ordinance Code.

Contra Costa County received only 30 percent of average rainfall, said Brian Garcia, a National Weather Service meteorologist.  “The fuels that we have for fire this year are already at record levels. It’s really bad already and we’re not at the peak of the fire season.”

Conditions are so dry, Contra Costa County Fire Protection District Deputy Fire Chief Aaron McAlister said, “Whether its moderate, high or very high, the risks are here in this county. We definitely have that potential that existed south of us and north of us in previous years. That potential now exists here in Contra Costa County.”

Under the new ordinance, property and vessel owners are responsible for ensuring that the use of illegal fireworks does not occur on their property.  Owners may be liable for ordinance violations if illegal fireworks are used on their property or vessel.

Board Chair Diane Burgis of Brentwood was the supervisor who shepherd the tougher fireworks ordinance, citing an increase in fireworks violations in her District 3 area.

“Illegal fireworks are a drain on our system,” Burgis said. “We simply don’t have the resources to address this continued problem. I would encourage cities and towns to adopt stronger ordinances and send the message that illegal fireworks will not be tolerated in Contra Costa County.”

“Due to unseasonably dry fuel conditions in Contra Costa County, we urge the public to take every precaution to prevent wildfires,” said Contra Costa County Fire Department Chief Lewis T. Brouschard III. “The use of illegal fireworks caused a recent fire in our county that destroyed two apartment buildings and displaced 30 residents. Playing with illegal fireworks is dangerous and poses the very real possibility of causing wildland fires that could easily destroy homes and threaten lives in this time of critically high fire risk.  We urge everyone to follow the regulations and stay safe.”

“Illegal fireworks in our county continually pose a threat to the safety of our communities,” said East Contra Costa Fire Protection District Fire Chief Brian Helmick in a press release. “On behalf of the East Contra Costa Fire Protection District, we would like to thank Supervisor Burgis for taking these necessary actions to curb the use of illegal fireworks and for helping to protect all citizens who have been impacted by illegal fireworks.”

Passage of the fireworks ordinance, a supervisors’ meeting consent item that did not draw public comment.

According to the supervisors’ agenda background information:

“Chapter 44-2 of the County Ordinance Code prohibits the possession, manufacture, sale, use and discharge of fireworks in the unincorporated areas of the County. The Sheriff and fire department in the County receive numerous calls for service each year stemming from illegal fireworks, including calls to address vegetation fires, structure and exterior fires, personal injury or death, and noise or other public nuisances.

“The proposed ordinance would amend Chapter 44-2 and authorize the Sheriff to arrest and cite a responsible party as defined in the ordinance, for violations of Chapter 44-2.   The proposed ordinance established that a responsible party is required to maintain, manage and supervise the property or vessel for which they are responsible to prevent violations of Chapter 44-2. A responsible party is liable and violates the prohibition on fireworks under Chapter 44-2 if any person possesses, manufactures, sells, offers to sell, uses, or discharges, any fireworks at the property, or on the vessel, for which the responsible part is responsible, regardless of whether the responsible party is present when the violation occurs.

“The proposed ordinance defines a responsible party as any of the following:

1. A person that owns, rents, leases, or otherwise has possession of, or is in immediate control of a residence or other private property or a vessel.
2. A person that organizes, supervises, sponsors, conducts, allows, controls, or controls access to the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at a residence or other private property or on a vessel.

“If a residence or other private is rented or leased for a period of more than 30 consecutive days, the landlord or lessor is not a responsible party unless the landlord or lessor: has possession of, or is in immediate control of, the residence or other private property; or has knowledge of the possession, manufacture, sale, offer for sale, sue, or discharge of fireworks at the residence or other private property.

The owner of a residence that is rented for a period of 30 consecutive days or less (a short-term rental) is a responsible party and is liable for violations of Chapter 44-2 if the short-term renter, or any other person, possesses, manufactures, sells, offers to sell, uses, or discharges, any fireworks at the residence, regardless of whether they owner of the short-term rental is present when the violation occurs.”

Mitchoff Questions Holding July 4^th Parades

At one point during the meeting, Supervisor Karen Mitchoff of Pleasant Hill questioned the wisdom of cities permitting July 4^th parades at least this year even though the county and all other counties will be off the Centers for Disease Control color tier system effective June 15.

“If you have not been vaccinated, people need to take this seriously for one more year,” said the supervisor. “There are communities that think they can handle this.  I am not so sure that is the case. The public needs to take this seriously. People will show up at parades and will be unvaccinated.”

Contra Costa County Deputy Health Director Ori Tzvilell said the state’s mask mandate will be relaxed effective June 15 “only if everyone has been vaccinated.”  Mask requirements will remain in place for retail businesses, he noted.

County Chief Equity Officer Gilbert Salinas said the health department will conduct a mobile vaccination unit in a census tract in Antioch (North of Highway 4 from L Street to Sommerville Road) to vaccinate about 16,000 unvaccinated persons on June 11.

Salinas said future mobile vaccination activities are planned for Antioch Park, Antioch Middle School and Pittsburg City Park.

Stormwater Utility Assessments Approved

Even in severe drought conditions, supervisors had to think about the potential of stormwater pollution issues, especially funding. Supervisors approved assessments for Stormwater Utility Areas 1 through 18 that will provide $15,914,283 in funding for the cities and county for the National Pollutant Discharge Elimination System program and drainage maintenance activities during fiscal year 2021-2022.

Approve Initial Illegal Dumping Funds

In other action, supervisors launched the county’s Illegal Dumping Initiative with the allocation of $350,000. “This is exciting,” said Burgis, who served as one of the key catalysts to jump start the initiative three years ago.

The board’s action instructs that $200,000 of the $350,000 will be spent for the installation of lighting and $150,000 will be directed to remove 50 derelict boats and recreational vehicles during the current 2021-2022 fiscal year.

Burgis and District 5 Supervisor Federal Glover were key players in initiating in 2018 the formation of an interdepartmental “Think Tank” team of professionals from county departments to propose how to address the illegal dumping problems.  County departments involved in the Think Tank are the Sheriff’s Office, the District Attorney’s Office, the Department of Public Works, the Environmental Health Division of the Health Services Department and the Department of Conservation and Development.

SACRAMENTO, CA—On Thursday, June 10th, the 2020 California Citizens Redistricting Commission (Commission) will launch the first in a series of Communities of Interest (COI) virtual hearings to capture community specific data that will help Commissioners to respect community boundaries to the best of their abilities when drawing district lines, as is mandated by California’s line drawing criteria.

When the Commission begins drawing maps using census data, they will need to follow this set of criteria, in this order, as outlined in the California Constitution.

1. Districts must be of nearly equal population to comply with the U.S. Constitution.
2. Districts must comply with the Voting Rights Act to ensure that minorities have a fair opportunity to elect representatives of their choice.
3. Districts must be drawn contiguously, so that all parts of the district are connected to each other.
4. Districts must minimize the division of counties, cities, neighborhoods, and communities of interest to the extent possible.
5. Districts should be geographically compact such that nearby areas of population are not bypassed for more distant populations.
6. Where practicable, each Senate District should consist of two complete and adjacent Assembly Districts, and Board of Equalization districts should consist of ten complete and adjacent State Senate Districts. This is known as nesting.

We can obtain the city and county information from those jurisdictions, but we need the neighborhood and communities of interest information from Californians directly.

“The Commission is excited to hear directly from Californians about their Communities of Interest during our initial COI input meeting on Thursday, June 10th from 12 – 8 PM. Although we have been accepting Communities of Interest submissions online since March, these virtual input sessions are yet another opportunity for communities to share with the Commission about their Communities of Interest,” stated Commission Chair Isra Ahmad.

During these input meetings, participants will be asked to describe their community and will be encouraged to consider highlighting the following:

1. Begin with your county or city.
2. Mention the street names and significant locations in your neighborhood to help us identify the parameters of your community.
3. What are your shared interests?
4. What brings you together?
5. What is important to your community?
6. Are there nearby areas you want to be in a district with?
7. Nearby areas you don’t want to be in a district with? Why or why not?
8. Has your community come together to advocate for important services, better schools, roads, or health centers in your neighborhood?

Registration is not required to participate in these public input meetings. The call-in number for public input on the day of each event will be (877) 853-5247.

For more information regarding the June 10th event, please visit our website at: https://www.wedrawthelinesca.org/june_10_mtg. To view a full list of upcoming meetings, please visit: https://www.wedrawthelinesca.org/meetings. Additionally, Californians can skip the line and provide their input online by visiting: https://drawmycacommunity.org/. The online COI tool is available in fourteen languages and includes tutorials.

Every 10 years, after the federal government publishes updated census information, California must redraw the boundaries of its electoral districts so that the state’s population is evenly allocated among the new districts.

In 2008, California voters passed the Voters First Act, authorizing the creation of the independent California Citizens Redistricting Commission to draw new State Senate, State Assembly, and State Board of Equalization district lines. In 2010, the Voters First Act for Congress gave the Commission the responsibility of drawing new Congressional districts following every census.

For more information, please visit WeDrawTheLinesCA.org.

 

Following 2018 complaint filed by Contra Costa County resident with California Attorney General’s Office.

By Scott Alonso, Public Information Officer, Contra Costa County Office of the District Attorney

Martinez, Calif. – On May 20, the Contra Costa County District Attorney’s Office, in conjunction with the District Attorneys’ Offices of Ventura, Sonoma, and San Joaquin Counties, entered into a negotiated settlement agreement with former MoviePass affiliated executives, Theodore Farnsworth and Mitchell Lowe, for engaging in numerous unlawful, unfair, and fraudulent business acts and practices, while overseeing the operations of the now defunct movie theater subscription service. CCCDA MoviePass Documents

In total, Farnsworth and Lowe will have to pay $400,000 in civil penalties and cy pres restitution, as part of the signed Stipulated Judgment approved by the Honorable Nancy Davis Stark. In addition to the monetary payments, Farnsworth and Lowe are enjoined from engaging in any of the alleged unlawful, unfair, or fraudulent business acts or practices committed during their tenure as MoviePass managers. The settlement gets divided by all the DA’s involved and some goes to the state. The DA’s then use the monies for consumer protection activities.

MoviePass, Inc. (MoviePass) was an American subscription-based movie ticket service headquarter in New York City. Founded in 2011, the service initially allowed subscribers to purchase up to three movie tickets per month for a discounted monthly fee. The service utilized a mobile phone app where users checked into a theater and chose a movie and showtime, which resulted in the cost of the ticket being loaded by MoviePass to a prepaid MoviePass debit card, which was then used to purchase the ticket from the movie theater.

In 2017, Helios and Matheson Analytics purchased MoviePass. Around the time of the purchase, the business model for MoviePass, shifted from a three movie per month subscription to offering, among other things, an “unlimited” subscription plan at $9.95 a month and an “unlimited” fixed rate annual subscription. However, over the course of the next two years, the business model and terms of service changed multiple times to the detriment of the consumers.
After the acquisition of MoviePass by Helios and Matheson Analytics, the Defendants engaged in numerous unlawful, unfair, and fraudulent acts and practices. These acts and practices include, but are not limited to:

• Falsely advertising that MoviePass subscriptions offer “unlimited” movie watching. Specifically, “any movie”, “any day”, at “any theater”, when in reality MoviePass continually added limitations to customers’ subscriptions.
• Unconscionably changing terms of service during a subscription period.
• Converting all prepaid “unlimited” plans to three movies per month.
• Shutting down the availability of movies when a certain dollar amount is reached. (Trip wire).
• Failing to notify autorenewal customers of material changes to their subscriptions.
• Continuously charging customers’ debit or credit cards after receiving notice of cancellation from customers.

In addition to the above acts and practices, in 2019, MoviePass suffered a data breach. The data breach was the result of a MoviePass engineer creating an unsecured and unencrypted server as a debugging tool. This server had more than 161 million pieces of personal identifying information, including names, MoviePass card numbers, credit card numbers, billing information, email addresses and login information, belonging to at least 58,000 consumers. Despite being notified by private individuals, MoviePass allowed this server to operate for three months before it was taken down. MoviePass failed to advise the California Attorney General’s Office of the data breach, as required by law.

MoviePass shut down its operations in September of 2019. Both MoviePass and its parent company, Helios and Matheson Analytics, filed for Chapter 7 bankruptcy in January of 2020.

In 2018 a local Contra Costa County resident filed a complaint against MoviePass with the California Attorney General’s Office. The complaint alleged that MoviePass was in violation of the Terms of Service as the company was not showing available tickets in the mobile app and limited the number of movies to the consumer even though they paid in advance for a year of “unlimited” service. In turn, the complaint was forwarded to our office for further investigation.

We welcome residents to file consumer complaints with our office via our website, www.contracostada.org. Case information: People v. Theodore Farnsworth and Mitchell Lowe, Docket C21-01045, Contra Costa County Superior Court.

Two juveniles, one adult

By Allen Payton

Three individuals were arrested in Antioch on Friday, June 4, 2021, for armed robbery and multiple carjackings in the East Bay and an attempted homicide in Dublin.

In tweets on their Twitter feed on Friday, the Oakland Police Department wrote, “OPD arrested 3 individuals responsible for armed robbery & multiple carjackings in Oakland & throughout the East Bay. With the assistance of @DublinCAPolice & @AntiochPolice. OPD officers recovered 5 firearms. The individuals are also connected to an attempted homicide in Dublin.”

The OPD also wrote, “Two of the individuals are connected to the attempted homicide in Dublin.”

In a further post on the department’s Facebook page, they wrote, “OPD arrested two juveniles and one adult.”

According to a KPIX5 CBS Bay Area report, “The Oakland, Dublin and Antioch Police Departments worked together to serve a warrant at a home in Antioch on Thursday. Dublin police said the investigation into the attempted murder and armed robbery was continuing to identify the third suspect in this incident.”

Investigators determine vegetation fire that destroyed eight apartments, displaced 40 residents caused by fireworks.

By Steve Hill, Public Information Officer, Con Fire

Contra Costa County Fire Protection District (Con Fire) today, June 1, 2021, announced its fire investigators made a fireworks-related arrest yesterday in relation to a fireworks-caused fire behind apartments in the 1700-block of Hargrove Street in Antioch that destroyed eight units and displaced 40 residents.

James Sossaman, 44, an Antioch resident, was arrested for Unlawfully Causing a Fire to Inhabited Structures (PC § 452(b)) and Felon in Possession of a Firearm (PC § 29800) and transported by Antioch Police to Martinez Detention Facility for booking.

Con Fire responded to multiple reports of a vegetation fire behind apartments in the 1700 block of Hargrove in Antioch, May 31 just after 5:30 p.m. While responding, Engine 81 reported a large column of black smoke from a half mile away. Upon arrival, the grass fire had already extended from the grass into a two-story apartment complex and a second-alarm response was ordered. An aggressive fire attack followed in an attempt to slow the spread of fire.

Through witness interviews and surveillance videos, investigators located the person responsible for the grass fire and determined it was caused by Sossaman throwing an M-100 pyrotechnic device into the field behind the apartment complex. Through the investigation, Sossaman was also found to be on felony probation. During a search of his apartment, a loaded firearm was located along with several other illegal fireworks.

Weather conditions at the time — temperatures in the upper 90s with wind gusts between 15-20 mph – quickly fed the fire into the neighboring apartments. Crews, including East Contra Costa Fire’s Battalion 5, were able to stop grassfire spread across the gully and protect the apartments on the west side of the incident.

Additional companies worked to extinguish the structure fires and search 10 separate apartments that were either on fire or in immediate danger of catching fire. Strong winds blew the fire across a breezeway to adjoining apartments. A coordinated fire attack resulted in the fire being extinguished at approximately 6:26 p.m. Crews were on scene for approximately three hours to overhaul and salvage as much as possible.

The fire displaced 40 residents and the American Red Cross assisted with housing for those displaced.

No firefighters were injured. Two civilians were transported to hospital for smoke inhalation.

Con Fire’s Fire Investigation Unit urges residents to help them fight the crime of arson across the county by calling the Arson Tip Line at 1-866-50-ARSON. They caution residents not to hesitate on information that seems too little or unimportant to matter, adding some of the most valuable tips come from residents who were not aware what they saw was very important to the investigation of an incident.

At 1-866-50-ARSON, residents can leave a recorded message about fire-related criminal activity in English or Spanish. Tips can be anonymous, but all tips are treated confidentially. Fire investigators sometimes need additional information, so inclusion of name and phone number is encouraged.

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

Contra Costa County Sheriff-Coroner David Livingston announced Friday, May 28, 2021 that a coroner’s jury reached a finding in the November 17, 2020 death of 30-year-old Ezekiel James McCoy of El Sobrante. The finding of the jury is that the death was an accident. (See related article)

McCoy sustained injuries during a fight with other inmates at the West County Detention Facility. After being treated and cleared by medical staff at the Contra Costa Regional Medical Center, he was placed in a negative air flow room at the Martinez Detention Facility pending the result of a COVID-19 test. He was checked on throughout the day and last checked at 4:23 PM. About nine minutes later, deputies found McCoy unresponsive.

The coroner’s jury, which heard two inquests on Friday, also reached a finding in the October 7, 2020 death of 31-year-old Kentreal Julius Irving of Antioch. The finding of the jury is that the death was an accident. (See related article)

Irving jumped to his death off the Highway 242 overpass while fleeing from Sheriff’s Deputies.  At that time, Sheriff’s Deputies believed Irving to be from Concord.

The coroner’s jury reached the verdicts in both inquests after hearing the testimony of witnesses. The hearing officer for the McCoy inquest was Matthew Guichard; the hearing officer for the Irving inquest was Laura Pagey.

A coroner’s inquest, which Sheriff-Coroner David Livingston convenes in fatal incidents involving peace officers, is a public hearing during which a jury rules on the manner of a person’s death. Jury members can choose from the following four options when making their finding: accident, suicide, natural causes or at the hands of another person, other than by accident.

 

Friday night crack down in response to last weekend’s sideshows

By Antioch Police Department

Last night, Friday, May 28, 2021, in response to last weekend’s sideshow activity, the Antioch Police Department and several of our neighboring agencies dedicated extra officers to a proactive traffic enforcement detail in order to deter any potential sideshow activity.

During this enforcement effort:

• over 50 vehicle stops were conducted,
• over a dozen citations were issued,
• 5 cars were towed,
• 2 guns were recovered and,
• 1 arrest was made.

We believe this coordinated effort provided a visible deterrent that helped to prevent any sideshows from occurring during the evening. We plan to continue these proactive enforcement efforts throughout the weekend and encourage everyone to drive safely over the holiday weekend.

Regional plan for transportation, housing, the economy, and the environment

Interested agencies, organizations and individuals are invited by the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG) to comment on the Draft Plan Bay Area 2050. As required by state and federal law, MTC and ABAG have jointly developed this regional plan for transportation, housing, the economy, and the environment, which will serve as the San Francisco Bay Area’s Regional Transportation Plan (RTP) and Sustainable Communities Strategy (SCS) upon its adoption. Draft Plan Bay Area 2050 is defined by 35 integrated strategies designed to advance the region towards a more equitable and resilient future.

A Draft Environmental Impact Report (DEIR) prepared on the Draft Plan Bay Area 2050 will be subject to public review pursuant to a separate notice.

The following online public workshops have been scheduled to receive comment on the Draft Plan Bay Area 2050:

ONLINE PUBLIC WORKSHOP

East Bay Workshop
Contra Costa and Alameda Counties
Monday, June 14, 5:00 to 6:30 p.m.
https://bit.ly/33uXj0y
Passcode: 179826
Webinar ID: 862 3482 0389

ONLINE PUBLIC HEARINGS

Additionally, MTC and ABAG will hold three (3) public hearings to receive oral testimony and written comments about the Draft Plan Bay Area 2050. Copies of the draft plan are on file with the Secretary of the Board of MTC and open to public inspection at planbayarea.org/learnmore. Should you require a hard copy of the draft plan, please submit your request to info@bayareametro.gov or call 415-778-6757 and one will be mailed to you.

The first public hearing will be held during the regular meeting of the Joint MTC Planning Committee with the ABAG Administrative Committee on:

Friday, June 11, 2021 at 9:40 a.m. (Remotely)
https://bit.ly/33xhpav
Webinar ID: 874 2787 4017
Bay Area Metro Center
Board Room, 1st Floor
375 Beale Street, San Francisco, CA 94105

In light of Governor Newsom’s State of Emergency declaration regarding the COVID-19 outbreak and in accordance with Executive Order N-29-20 issued by Governor Newsom on March 17, 2020 and the Guidance for Gatherings issued by the California Department of Public Health, the meeting will be conducted via webcast, teleconference, and Zoom for all participants. Detailed instructions on participating via Zoom are available at: https://mtc.ca.gov/how-provide-public-comment-board-meeting-zoom. The meeting accessibility instructions also will be posted to: https://mtc.ca.gov/whats-happening/events/public-hearings no less than 72 hours prior to the hearing.

Two additional online public hearings have been scheduled for:

Hearing 2
Tuesday, June 22, 5:30 p.m.
https://bit.ly/3y0ZiYp
Passcode: 177176

Webinar ID: 812 0345 4209

Hearing 3
Wednesday, July 7, 1:30 p.m.
https://bit.ly/2SIduFK
Passcode: 908706

Webinar ID: 854 5833 8822

The Draft Plan Bay Area 2050 will be available for public review beginning Wednesday, May 26, 2021, online at https://mtc.ca.gov/whats-happening/events/public-hearings,  https://abag.ca.gov/meetings-events/public-hearings, and planbayarea.org. In an effort to reduce printing costs and conserve paper and in accordance with EO N-29-20 and the Guidance for Gatherings issued by the California Department of Public Health, you are urged to review the Draft Plan Bay Area 2050 on the website listed above. Should you require a hard copy of the Draft Plan Bay Area 2050, please submit your request to info@bayareametro.gov or call 415-778-6757 and one will be mailed to you.

The public comment period for the Draft Plan Bay Area 2050 begins on Wednesday, May 26, 2021 and ends on Tuesday, July 20, 2021 by 5:00pm. All written comments must be received no later than Tuesday, July 20, 2021 by 5:00pm. All written comments on the Draft Plan Bay Area 2050 are being accepted via mail to MTC Public Information, Attn: Draft Plan Comments, 375 Beale Street, Suite 800, San Francisco, CA 94105; via e-mail to info@planbayarea.org; and online at planbayarea.org/learnmore. Comments also are being accepted by phone by leaving a voicemail at (415) 778-2292.

Public comment on the Draft Environmental Impact Report (DEIR) for the Draft Plan Bay Area 2050 will be sought pursuant to a separate notice. After considering public comment, MTC and ABAG are slated to adopt Plan Bay Area 2050 in fall 2021. For more information, call the MTC Public Information Office at (415) 778-6757.

Do you need an interpreter or any other assistance to participate? Please call 415-778-6757. We require at least three working days’ notice to accommodate assistance requests. For TDD or hearing impaired, call 711, California Relay Service, or 1-800-735-2929 (TTY), 1-800-735-2922 (voice) and ask to be relayed to 415-778-6700.

您需要口譯員或任何其他幫助才能參加嗎？請致電415-778-6757。我們要求至少提前三個工作日通知，以便滿足您的請求。對於TDD或聽障人士，請致電711，加州中繼服務，或1-800-735-2929(TTY)，1-800-735-2922(語音)，並要求轉接到415-778-6700。

¿Necesita un intérprete o cualquier otra ayuda para participar? Llame al 415-778-6757. Requerimos un aviso de al menos tres días hábiles para atender las solicitudes de asistencia. Para personas con discapacidad auditiva o TDD, llame al 711, California Relay Service, o al 1-800-735-2929 (TTY) o al 1-800-735-2922 (voz) y pida que lo comuniquen al 415-778-6700.