By Scott Alonso, Public Information Officer, Contra Costa District Attorney

Martinez, Calif. — Today, Wednesday, June 17, 2020, the Contra Costa County District Attorney’s Office filed a criminal complaint of 34 felonies against defendant Joseph Canciamilla of Pittsburg. Canciamilla is the former Contra Costa County Clerk-Recorder and a former county supervisor and assemblymember. He also created a campaign account for Contra Costa County Superior Court Judge. Canciamilla is also a licensed member of the California State Bar. Canciamilla’s first court appearance will be on July 27 at 8:30 a.m. in Department 31.

Canciamilla is accused of 30 felony counts of perjury for his alleged misstatements on 30 separate campaign disclosure statements (Form 460s). Canciamilla signed these campaign finance statements under the penalty of perjury. The additional four felony counts relate to personal grand theft of campaign funds for his personal use, totaling $261,800.68. The allegations span conduct from 2010 to 2016.

The personal expenditures made by Canciamilla’s campaign committees for the defendant’s own use were for various purposes, such as:

• Personal vacation to Asia
• Restaurants
• Airfare via Southwest Airlines and American Airlines
• Repayment of a Personal Loan
• Transfers from his Campaign Bank Accounts to his Personal Accounts

All of these campaign statements started initially in 2010 with Canciamilla not reporting investment gains in a campaign bank account. While this practice is permissible, using the proceeds of any stock gains for personal use is prohibited. Canciamilla concealed from his Form 460s the gains and losses associated with this investment account. Ultimately, Canciamilla spent more on personal expenses than the unreported investment gains. He therefore had to then transfer personal funds into this campaign bank account to make up the difference.

“In total, the false statements signed by Canciamilla omitted critical information from the campaign finance disclosures. The information left off these forms left the public in the dark about how a candidate and then county-wide elected official spent campaign funds. Given the recent history of misconduct by various elected officials in Contra Costa County, Canciamilla’s behavior is troubling and he must be held accountable,” stated Contra Costa County District Attorney Diana Becton.

The DA’s Office was notified of possible criminal activity associated with Canciamilla’s campaign accounts in early 2017 by the Franchise Tax Board. The criminal investigation by the DA’s Office included hundreds of hours examining seven different bank accounts held by the defendant. The two primary financial institutions Canciamilla used were Contra Costa Federal Credit Union and Charles Schwab.

Ultimately, Canciamilla was fined $150,000 by the California Fair Political Practices Commission in a civil stipulation for the multiple errors in his campaign finance statements, which concealed the personal use of campaign funds for his own benefit.

The statements signed by Canciamilla included various campaign accounts, such as his campaign account for judge (“Friends of Joe Canciamilla for Judge 2012” and campaign account for clerk-recorder (“Joe Canciamilla Canciamilla for Contra Costa County Clerk/Recorder”).

See related articles on this matter, here and here.

 

OK spending $10,000 on sales tax poll

By Daniel Borsuk

The Contra Costa County Board of Supervisors got an earful of complaints on Tuesday from citizens upset over a proposal to award Sheriff David O. Livingston’s department a $2.8 million pay raise up and a department request to buy a $275,000 LDV Custom Specialty Vehicle at a time library hours are being slashed and librarians are getting pink slips.

At the last minute, a proposal to layoff up 16 Department of Child Support Services workers was scuttled from the agenda when county officials learned that the Governor’s Office has proposed state funding that could keep the child support services positions on the payroll. County officials were unaware of the new state funding source before Tuesday’s meeting and details were not provided at Tuesday’s meeting.

In the Black Lives Matter era, supervisors listened via teleconference how speakers objected to the county’s proposal to give Sheriff Livingston, who has been the target of numerous complaints from citizens about how his deputies abuse the rights of male and female prisoners of color, should not receive a $2.8 million increase for fiscal year 2020/2021 when many other county services like libraries are taking funding cuts.

County Administrator David Twa said because of the uncertainty of the state’s fiscal situation due to COVID-19, the supervisors will not get around to passing a 2020-2021 budget until August, not June.

Speakers also opposed Sheriff Livingston’s request to use a $275,000 2017-2018 State Homeland Security Grant Program to buy a 2019 or 2020 Ford F550 Logistics Support Vehicle.

“Now is not the time to increase the Sheriff’s budget,” protested Harry Baker of Pleasant Hill, who had demonstrated a day earlier in front of Sheriff Livingston’s Danville home. Speaking to supervisors’ telephone, Baker said. “Keep the libraries open. Police brutality is on the rise. Don’t increase the sheriff’s budget.”

“You should not increase the sheriff’s budget when you’re making cuts in the library and child support services,” complained Francisco Torrez of Pittsburg. “Libraries are part of our democratic process. Hospitals are needed in West county   Talk about militarization. We don’t have any faith in our Sheriff.”

“I oppose increasing the Sheriff’s budget,” protested Rachel Cohen of Danville. “He has proven to be a racist. Juvenile Hall should be closed. Fund social programs, public housing, libraries. Look at Minneapolis, San Francisco, Portland, Oregon, at what police should look like.”

Several speakers like Raymond Hutchins called on supervisors Diane Burgis of Brentwood, Karen Mitchoff of Pleasant Hill and Federal Glover of Pittsburg for accepting collectively $22,500 in campaign funds from the Contra Costa County Sheriff’s Association.

None of the three supervisors addressed the charge about accepting sheriff’s association campaign funds, especially Glover who faces a runoff election this November against county assessor Gus Kramer.

Neither the sheriff nor a spokesman was available to comment about the protestor’s statements at Tuesday’s meeting.

Concerning the sheriff’s request for a $275,000 LDV Custom Specialty Vehicle, speakers questioned why the Sheriff’s Office needs an armored vehicle for search and rescue purposes and other speakers thought the vehicle will be improperly used by deputies to patrol peaceful BLM demonstrations.

“This truck will used to respond to wildfires,” said Supervisor Mitchoff. “This is an armored vehicle. Its main use is for support.”

Supervisors unanimously approved the state grant for the sheriff to buy the CSV.

Libraries Reduce Hours, Cut Staff

County librarian Melinda Cervantes relayed the bad news to supervisors that because of the dwindling revenues, several cities have to cutback operating hours to the county’s mandatory 35 hours per week schedule. As a result of the reduced operating hours, the library is laying off 32 librarians, mostly library assistant -journey level employees.

The Brentwood library will cut hours per week from 56 to 35, Clayton from 56 to 35 hours, Concord from 52 to 48 hours, Danville from 60 to 56 hours, El Cerrito from 50 to 46 hours, Hercules from 43 to 39 hours, Lafayette from 58 to 54 hours, Moraga from 39 hours to 35 hours, Orinda from 60 per week to 56, San Pablo will reduce hours from 47 to 35, and San Ramon from 58 hours to 54 hours.

County Administrator Twa said the librarians will be offered positions elsewhere in the county, most likely clerical positions.

Supervisors voted 5-0 in approving the reduction in library operations and staffing.

Agree to Spend $10,000 on Sales Tax Poll

In the county’s quest to draw additional funds to support public services, the supervisors agreed on a 4-1 vote to spend $10,000 for a polling firm to test prospective voters whether a tax increase could muster voter approval this November.

Board chair Candace Andersen of Danville cast the lone dissenting vote on the proposal suggested by District 1 Supervisor John Gioia of Richmond. Some $21,000 has already been raised to conduct a poll from labor unions and other organizations.

Certain features of the 75-word poll would test the public’s opinion about the pandemic, willingness to pay more in taxes in the areas of hospitals, sheriff services, abuse, senior services, mental health, youth services, and criticism in the community.

Hair Salons, Barber Shops Allowed to Open

Supervisors were informed from Deputy Public Health Officer Dr. Tom Warren that the county is taking another step toward alignment with the state’s guidance on opening businesses and activities, while recommending that residents stay home as much as possible and take steps to protect themselves and each other when leaving the house.

Dr. Warren told supervisors the county’s health order now allows hair salons and barber shops to reopen for business beginning Wednesday morning. They must follow state health guidance to reduce the risk of spreading COVID-19.

The new order also increases the number of swimmers who may share a pool to 1 person per 75 square feet, as allowed by the state. The social distancing order also allows as many as 100 persons to attend a funeral or other religious service at an indoor place of worship, in line with the state health guidance.

Planning Review to Begin on Walnut Creek Area Senior Development

The Contra Costa County Conservation & Development Department got the green light to begin general plan amendment study of Spieker Senior Development Partner’s congregate care/senior housing development (CCSHD) in unincorporated Walnut Creek, at the end of Seven Hills Ranch Road.

The project is regulated by the State of California Department of Social Services to provide lifetime occupancy and support services, instead of ownership interests.

The development consists of two independent living units providing about 351 total units and a health care center with 100 total units – 50 units for skilled nursing, 20 units for memory care and 30 units for assisted living.

The proposed development would provide a clubhouse, recreation building, parking, and maintenance buildings.

Law & Justice

Issued on: June 16, 2020

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1.  Purpose.  As Americans, we believe that all persons are created equal and endowed with the inalienable rights to life and liberty.  A fundamental purpose of government is to secure these inalienable rights.  Federal, State, local, tribal, and territorial law enforcement officers place their lives at risk every day to ensure that these rights are preserved.

Law enforcement officers provide the essential protection that all Americans require to raise their families and lead productive lives.  The relationship between our fellow citizens and law enforcement officers is an important element in their ability to provide that protection.  By working directly with their communities, law enforcement officers can help foster a safe environment where we all can prosper.

Unfortunately, there have been instances in which some officers have misused their authority, challenging the trust of the American people, with tragic consequences for individual victims, their communities, and our Nation.  All Americans are entitled to live with the confidence that the law enforcement officers and agencies in their communities will live up to our Nation’s founding ideals and will protect the rights of all persons.  Particularly in African-American communities, we must redouble our efforts as a Nation to swiftly address instances of misconduct.

The Constitution declares in its preamble that one of its primary purposes was to establish Justice.  Generations of Americans have marched, fought, bled, and died to safeguard the promise of our founding document and protect our shared inalienable rights.  Federal, State, local, tribal, and territorial leaders must act in furtherance of that legacy.

Sec. 2.  Certification and Credentialing.  (a)  State and local law enforcement agencies must constantly assess and improve their practices and policies to ensure transparent, safe, and accountable delivery of law enforcement services to their communities.  Independent credentialing bodies can accelerate these assessments, enhance citizen confidence in law enforcement practices, and allow for the identification and correction of internal deficiencies before those deficiencies result in injury to the public or to law enforcement officers.

(b)  The Attorney General shall, as appropriate and consistent with applicable law, allocate Department of Justice discretionary grant funding only to those State and local law enforcement agencies that have sought or are in the process of seeking appropriate credentials from a reputable independent credentialing body certified by the Attorney General.

(c)  The Attorney General shall certify independent credentialing bodies that meet standards to be set by the Attorney General.  Reputable, independent credentialing bodies, eligible for certification by the Attorney General, should address certain topics in their reviews, such as policies and training regarding use–of-force and de-escalation techniques; performance management tools, such as early warning systems that help to identify officers who may require intervention; and best practices regarding community engagement.  The Attorney General’s standards for certification shall require independent credentialing bodies to, at a minimum, confirm that:

(i)   the State or local law enforcement agency’s use-of-force policies adhere to all applicable Federal, State, and local laws; and

(ii)  the State or local law enforcement agency’s use-of-force policies prohibit the use of chokeholds — a physical maneuver that restricts an individual’s ability to breathe for the purposes of incapacitation — except in those situations where the use of deadly force is allowed by law.

(d)  The Attorney General shall engage with existing and prospective independent credentialing bodies to encourage them to offer a cost-effective, targeted credentialing process regarding appropriate use-of-force policies that law enforcement agencies of all sizes in urban and rural jurisdictions may access.

Sec. 3.  Information Sharing.  (a)  The Attorney General shall create a database to coordinate the sharing of information between and among Federal, State, local, tribal, and territorial law enforcement agencies concerning instances of excessive use of force related to law enforcement matters, accounting for applicable privacy and due process rights.

(b)  The database described in subsection (a) of this section shall include a mechanism to track, as permissible, terminations or de-certifications of law enforcement officers, criminal convictions of law enforcement officers for on-duty conduct, and civil judgments against law enforcement officers for improper use of force.  The database described in subsection (a) of this section shall account for instances where a law enforcement officer resigns or retires while under active investigation related to the use of force.  The Attorney General shall take appropriate steps to ensure that the information in the database consists only of instances in which law enforcement officers were afforded fair process.

(c)  The Attorney General shall regularly and periodically make available to the public aggregated and anonymized data from the database described in subsection (a) of this section, as consistent with applicable law.

(d)  The Attorney General shall, as appropriate and consistent with applicable law, allocate Department of Justice discretionary grant funding only to those law enforcement agencies that submit the information described in subsection (b) of this section.

Sec. 4.  Mental Health, Homelessness, and Addiction.  (a)  Since the mid-twentieth century, America has witnessed a reduction in targeted mental health treatment.  Ineffective policies have left more individuals with mental health needs on our Nation’s streets, which has expanded the responsibilities of law enforcement officers.  As a society, we must take steps to safely and humanely care for those who suffer from mental illness and substance abuse in a manner that addresses such individuals’ needs and the needs of their communities.  It is the policy of the United States to promote the use of appropriate social services as the primary response to individuals who suffer from impaired mental health, homelessness, and addiction, recognizing that, because law enforcement officers often encounter such individuals suffering from these conditions in the course of their duties, all officers should be properly trained for such encounters.

(b)  The Attorney General shall, in consultation with the Secretary of Health and Human Services as appropriate, identify and develop opportunities to train law enforcement officers with respect to encounters with individuals suffering from impaired mental health, homelessness, and addiction; to increase the capacity of social workers working directly with law enforcement agencies; and to provide guidance regarding the development and implementation of co-responder programs, which involve social workers or other mental health professionals working alongside law enforcement officers so that they arrive and address situations together.  The Attorney General and the Secretary of Health and Human Services shall prioritize resources, as appropriate and consistent with applicable law, to support such opportunities.

(c)  The Secretary of Health and Human Services shall survey community-support models addressing mental health, homelessness, and addiction.  Within 90 days of the date of this order, the Secretary of Health and Human Services shall summarize the results of this survey in a report to the President, through the Assistant to the President for Domestic Policy and the Director of the Office of Management and Budget, which shall include specific recommendations regarding how appropriated funds can be reallocated to support widespread adoption of successful models and recommendations for additional funding, if needed.

(d)  The Secretary of Health and Human Services shall, in coordination with the Attorney General and the Director of the Office of Management and Budget, prioritize resources, as appropriate and consistent with applicable law, to implement community-support models as recommended in the report described in subsection (c) of this section.

Sec. 5.  Legislation and Grant Programs.  (a)  The Attorney General, in consultation with the Assistant to the President for Domestic Policy and the Director of the Office of Management and Budget, shall develop and propose new legislation to the Congress that could be enacted to enhance the tools and resources available to improve law enforcement practices and build community engagement.

(b)  The legislation described in subsection (a) of this section shall include recommendations to enhance current grant programs to improve law enforcement practices and build community engagement, including through:

(i)    assisting State and local law enforcement agencies with implementing the credentialing process described in section 2 of this order, the reporting described in section 3 of this order, and the co responder and community-support models described in section 4 of this order;

(ii)   training and technical assistance required to adopt and implement improved use–of-force policies and procedures, including scenario-driven de-escalation techniques;

(iii)  retention of high-performing law enforcement officers and recruitment of law enforcement officers who are likely to be high-performing;

(iv)   confidential access to mental health services for law enforcement officers; and

(v)    programs aimed at developing or improving relationships between law enforcement and the communities they serve, including through community outreach and listening sessions, and supporting non profit organizations that focus on improving stressed relationships between law enforcement officers and the communities they serve.

Sec. 6.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,
June 16, 2020.

 

Plea entered today, Tuesday, June 16, 2020 in Butte County Superior Court

SAN FRANCISCO—PG&E today entered its plea in Butte County Superior Court related to its role in the 2018 Camp Fire. In accordance with the agreement PG&E reached in March 2020 with the Butte County District Attorney, the company pleaded guilty to 84 counts of involuntary manslaughter and one count of unlawfully starting a fire.

The following statement was delivered today in court by PG&E Corporation CEO and President Bill Johnson.

“I am here today on behalf of the 23,000 men and women of PG&E, to accept responsibility for the fire here that took so many lives and changed these communities forever.

I have heard the pain and the anguish of victims as they’ve described the loss they continue to endure, and the wounds that can’t be healed. No words from me could ever reduce the magnitude of such devastation or do anything to repair the damage. But I hope that the actions we are taking here today will help bring some measure of peace.

Our equipment started the fire that destroyed the towns of Paradise and Concow and severely burned Magalia and other parts of Butte County. That fire took the lives of 85 people. Thousands lost their homes and businesses, and many others were forced to evacuate under horrific circumstances.

I wish there were some way to take back what happened or take away the pain of those who’ve suffered. But I know there’s not.

What I can say is this: First, PG&E will never forget the Camp Fire and all that it took from this region. We remain deeply, deeply sorry for the terrible devastation we have caused.

Second, since the Camp Fire, we have worked side-by-side with Butte County residents and public officials to help the Paradise region recover and rebuild. That work continues today, and we are doing everything we can to make things right.

Third, we are working hard to get the victims compensated. With our Plan of Reorganization on track to be approved by June 30, their wait may finally be nearing an end. In fact, the Bankruptcy Court has concluded confirmation hearings regarding our Plan. This should be one of the final steps toward paying the $25.5 billion in settlements we’ve reached with wildfire victims, Butte County agencies and others.

Finally, I want to reiterate to the Court and all of the people of the Paradise region that the lessons PG&E learned from the Camp Fire are being taken to heart and are driving comprehensive changes currently underway at PG&E.

We are intently focused on reducing the risk of wildfire in our communities. We have improved our inspection and operational protocols. We are hardening our energy system and making it more resilient. We have incorporated advanced technology to better predict and detect extreme weather conditions. All of this, and more, is being done to help make sure the tragedy that occurred here never happens again, in any of the communities we serve.

In closing, I want to reiterate that on behalf of PG&E, I apologize for the pain we have caused. We know we cannot replace all that the fire destroyed. We do hope that by pleading guilty and accepting accountability, by compensating victims and supporting rebuilding efforts, and by making significant, lasting changes in the way we operate, we can honor those who were lost and help this community move forward.

Your Honor, we make this plea with sadness and regret—and with eyes open to what happened, and to what we must do to make things right.”

About PG&E Corporation

PG&E Corporation is a holding company headquartered in San Francisco. It is the parent company of Pacific Gas and Electric Company (the “Utility”), an energy company that serves 16 million Californians across a 70,000-square-mile service area in Northern and Central California. Each of PG&E Corporation and the Utility is a separate entity, with distinct creditors and claimants, and is subject to separate laws, rules and regulations. For more information, visit http://www.pgecorp.com. In this news release, they are together referred to as “PG&E.”

Includes hair salons, barber shops, and 100 people at indoor church services and funerals

Contra Costa Health Services is taking another step toward alignment with the State of California’s guidance on opening businesses and activities at a pace that protects public health and safety. At the same time, CCHS continues to recommend that residents stay home as much as possible and take steps to protect themselves and each other when leaving the house.

The Contra Costa Health Officer has amended the county’s health order to allow hair salons and barbers to reopen for business beginning Wednesday morning. They must follow state health guidance to reduce the risk of spreading COVID-19.

The new order also increases the number of swimmers who may share a pool to 1 person per 75 square feet, as allowed by the state.

The social distancing order also allows as many as 100 people to attend a funeral or other religious service at an indoor place of worship, in line with the state’s health guidance.

Some of Contra Costa’s key indicators for measuring how well the community is slowing the spread of COVID-19 did increase in the first half of June, an expected outcome as more people come into more contact with each other as the county gradually reopens businesses and activities.

CCHS is carefully monitoring that data and could adjust the reopening timeline to protect the public health.

CCHS encourages everyone to take simple steps to protect themselves from COVID-19: Follow the shelter-in-place order, and wear a face covering when you go out or are near other people. Wash your hands thoroughly and frequently, and always stay home from work or school if you are not feeling well.

Visit www.coronavirus.cchealth.org/health-orders to read the new health order and its appendices, and for local information about Contra Costa’s response to the COVID-19 pandemic.

 

By Allen Payton

During their meeting on Tuesday, June 9, 2020 the Antioch City Council voted unanimously to change the way the mayor pro tem is selected, in response to the new district elections that will go into effect in November, and limit it to just a one year term. In other cities the position has the title of vice mayor and the holder acts in place of the mayor, represents the city and chairs the council meetings when the mayor is absent or unavailable.

Currently the highest vote-getter in the most recent council election has served as mayor pro tem for the following two years.

But, now, according to the language in the new ordinance, “the Mayor Pro Tempore shall serve a one-year term at the pleasure of the Council and until his or her successor qualifies for office. No Council member shall serve consecutive terms as Mayor Pro Tempore unless no other Council member eligible in accordance with section 2-1.401 is willing to serve as Mayor Pro Tempore.”

In addition the new ordinance reads, “If all Council members have previously served as mayor pro tempore, or if the Council members eligible…decline, the City Council shall select the Council member who received the highest percentage of votes in his or her district in the most recent general municipal election at which the Council member was elected.”

So, the position will still be given to the highest vote getter for the year following the most recent election. But, during the second year the position will be decided by a vote of the city council.

The change is “to conform with the by-district election process commencing at the November 2020 general municipal election so Council members from all districts have the opportunity to serve as Mayor Pro Tempore.”

Antioch’s current mayor pro tem is Joy Motts who has held the position since being elected in 2018 but, ends this year along with her council term. The next mayor pro tem will take their position most likely during the council reorganization meeting on the second Tuesday of December.

Outdoor swimming pools are now approved for lap swimming! The Antioch Water Park will be open for lap swim only beginning, today, Monday, June 15th. Lap swim will be offered in 30-minute sessions, 8am-11am and 4pm-6pm seven days a week for swimmers 12 years and older. Residents can add another fitness activity to their routine and enjoy being outdoors. In order to meet health and safety guidelines all swimmers must reserve time for swimming in advance; the number of swimmers allowed at one time is limited.

Interested swimmers must call the Antioch Water Park at 925-776-3070 to reserve a lap swim time. Reservations open on Tuesday, June 9th and swimmers will be able to schedule time for as long as lap swimming is offered. The cost for lap swim will be $4 per session.

In order to comply with the guidelines, bathrooms will be available but locker rooms will be closed. Water Park staff will be complying with local Health Orders to ensure the cleanliness of the facility, and the safety of each individual guest. Swimming is an excellent fitness activity for all ages and each swimmer will be given their own lane so they can swim at their own pace.

For more information about the Antioch Water Park summer season, season passes, swimming lessons, and general summer recreation programs please call the Water Park at 925-776-3070. Recreation staff is working each day to assist Antioch families. For more information visit www.antiochca.gov/water-park.

By Antioch Police Officers Association

The amazing men and women of the Antioch Police Department need the support of our citizens. Council members Lamar Thorpe and Monica Wilson are attacking the great work being done by the Antioch Police Department. The special meeting set for Tuesday is nothing more than two council members searching for power and using this platform to push their agenda and further their political careers. (See related article)

The APOA believes we can always do better, and will always embrace conversation and positive change to strengthen the relationship with our community. The proposed ad hoc committee is going to give politicians power to create policies within the Police department. No Council should have that power. The department head (chief of police) should be the only one making policies for the police department.

The Antioch Police Department has always maintained a high level of transparency, and will continue to do so under SB 1421. Additionally, The Antioch Police Department has some of the strictest hiring standards in the Bay Area, and will continue to maintain that high standard.

Lamar Thorpe wants power and control over the police department, a profession he knows nothing about and a department he should not be creating policy for.

Please send in your comments to the council showing support for the Antioch Police Department and letting the council know there is no need for an ad hoc committee.

Sean Wright- swright@ci.antioch.ca.us
Joy Motts- jmotts@ci.antioch.ca.us
Lamar Thorpe- lthorpe@ci.antioch.ca.us
Lori Ogorchock- logorchock@ci.antioch.ca.us
Monica Wilson- mwilson@ci.antioch.ca.us