$21.6 million total for program; approved as a consent calendar item and the last item on the agenda without discussion; no appraisals included; Glover, Kramer split on issue; appraises at $16.7 million

By Daniel Borsuk

The light will be left on for homeless, now at the Motel 6 in Pittsburg. Contra Costa County Board of Supervisors may have quietly went about unanimously approving $21.6 million for the purchase of the motel and almost two years of operations, as part of the state’s Homekey program to help the homeless find shelter, food, jobs and get social services, but the Board’s consent action on Tuesday also demonstrates how far apart two political candidates – longtime District 5 Supervisor Federal Glover and challenger Contra Costa County Assessor Gus Kramer – are on the issue of homelessness.

The agenda item was quietly acted on as a consent item, and the last on the agenda. There was no discussion on the item, nor were copies of the two appraisals by the county’s Public Works Real Estate Division included with the agenda. Attempts to obtain the appraised value for the property from members of the Board, County Administrator David Twa, and the Public Works Real Estate Division were unsuccessful prior to publication time. However, Supervisors Federal Glover, in whose district the motel is located, as well as Candace Andersen and Diane Burgis said they would work to provide the information. The only documents included with the agenda item were the purchase and sale agreement and deed of sale. Motel 6 Pittsburg – Purchase & Sale Agrmt final 10.12.20

Located at 2101 Loveridge Road in Pittsburg, the County, with the state’s financial assistance decided that acquisition of the Motel 6 will increase the number of shelter beds permanently available in East County from 20 beds to 174 beds, a 770 percent increase.  In addition to providing shelter, the program, funded under the state’s Home Key Program, would provide health care, behavioral health and other services to residents.

Contra Costa, along with the counties of San Francisco, Alameda and Santa Clara have now drawn state Homekey funds in the fight to solve homeless issues.

“This will be a great opportunity to get people off the street,” said Supervisor Glover who faces Kramer in a November 3rd face-off election because neither candidate drew enough votes to surpass 50 percent threshold of the total votes in the March election.  In that March election, the District 5 Board Seat had three candidates competing for the District 5 seat covering the communities of Antioch, Alhambra Valley, Clyde, Crockett, Hercules, Martinez, Mountain View, Pacheco, Pittsburg, Port Costa, and Rodeo – Glover, Kramer and Martinez businessman Sean Trambley – and no candidate had mustered votes exceeding 50 percent of the votes counted.  As a result, Glover and Kramer are in a run-off election on November 3.

The Contra Costa County Behavioral Department will operate the county’s Homekey program.

County Assessor Kramer, who must appear in Superior Court Judge John Cope’s court room on today, for a jury trial on civil “corrupt or willful misconduct” charges took a different view on the Board of Supervisors’ action to acquire the 174-room motel from OKC of Pittsburg for use as a homeless  facility.

Kramer lashed out at his political opponent Glover and other supervisors for spending $21 million.  “It’s a great program, but it is a waste of resources,” he said. “What a horrible investment.  Shame on the Board and Federal.”

Kramer did offer a potential solution to the homeless problem in the county and perhaps the state by creating camps like what occurred during the Great Depression where job, health and other public services would also be provided to individuals.

10/27/20 UPDATE: Asked for copies of the appraisal, Chief Assistant County Administrator Eric Angstadt responded, “I’m only aware of one appraisal. It was contracted out. I can give you what the topline is, but the appraisal is not available until after escrow closes.”

“The appraised value is $16.7 million at $96,000 per room,” he stated. “It’s 4.2% above the appraised value.”

Asked if the appraisal was done internally or contracted out, Angstadt said, “We always contract out appraisals. We have staff with real estate licenses. But I don’t believe we have any licensed appraisers on staff.”

“The state was very public about how much they were willing to pay at $100,000 per room,” he continued. “So, it didn’t leave us with much room to negotiate.”

“We have not signed the purchase and sale agreement, yet. That will happen once we finish the due diligence. We are working our way through all of it. It’s scheduled to close escrow on November 10th,” Angstadt added.

Orange COVID-19 Metric Next Week?’ 

Supervisors were informed that by next Tuesday the county should transition into the orange COVID-19 criteria, Contra Costa County Health Services Director Anna Roth said.  “We should meet the orange metric next week,” she said.  A move to an orange metric would mean the removal of further restrictions on some businesses.

Since the County declared a State of Emergency because of COVID-19 in March, there have been 18,214 cases and 236 deaths, Roth reported.

The health director encouraged the public to continue to wash hands, keep their distance, and stay home from work or school if they felt ill.

Four Abatement Actions

Supervisors acted on four abatement actions at the recommendations of the Conservation and Development Department.

Properties the Supervisors took action on were:

Property at 2738 Dutch Slough Road, Oakley, owned by Elmo G. Wurts, for $8,141.20; property at 0 Stone Road, Bethel Island, owned by Thanh Ngyyen for $6,964;  property at 4603 Gateway Road, Bethel Island, owned by Franks Marina for $5,591.20; and property at 3901 La Colina Road, El Sobrante, owned by Rudolph N. Webbe for $3,256.70.

Supervisors did not hear any comments from either property owners or the public on the abatement items.

Please check back later for any updates to this report.

Allen Payton contributed to this report.

 

 

 

Approve consent decree for enhanced psychiatric and medical services for county jail inmates

By Daniel Borsuk

With the COVID-19 pandemic having caused 16,896 cases and 209 deaths in Contra Costa County since March, the Contra Costa County Board of Supervisors on Tuesday passed its third temporary ordinance banning evictions of commercial and residential tenants on Tuesday, the same day the county’s Public Health Department quietly announced its promotion from Purple ranking to Red, allowing more businesses to open.

According to the staff report on the agenda item, the urgency ordinance authorizes a temporary prohibition on certain “at-fault” evictions of residential tenants in the county and continues a temporary prohibition on certain evictions of small-business commercial tenants in Contra Costa County impacted by the COVID-19 pandemic.

Supervisors had previously approved similar temporary ordinances on April 21 and July 14 and voted unanimously to enact a new ordinance that would stay in effect through January 31, 2021.  On a separate vote, 4-1, supervisors rejected inserting additional protections to tenants that Supervisor John Gioia wanted to be included in the ordinance.

“I wanted broader protections,” said Supervisor Gioia of Richmond who cast the one dissenting vote.  “I wanted to limit evictions to health and safety.  There are landlords who don’t exercise good faith behavior.”

But Supervisor Karen Mitchoff, speaking on behalf of both landlords and tenants. wanted to monitor properties that have tenants who don’t put out trash for collection or keep unsafe rental property.

“I am willing to go through January 31, but I am tired of accommodating the bad actors. I won’t support an ordinance that bars landlords from entering property for any reason,” said Mitchoff.

At the same time, the supervisor from Pleasant Hill scolded landlords who do not accept a tenant’s payment for rent. “That is not OK,” she said.

While supervisors listened to a number of renters encouraging the supervisors to provide necessary protections during the ongoing pandemic, the elected officials for the first time heard more landlords loudly object to the residential and commercial ordinance under review.

“You’re taking away property owners’ rights,” Concord property owner Blaine Carter protested. “The sky is not falling.  We don’t need to strip away individual property owner rights.”

Concord homeowner Ed White said he could live with the ordinance.  “I work with my tenant,” said White, whose long-term tenant of his three-bedroom house, has been a good occupant even though the tenant had lost their job due to the pandemic.  The tenant has recently been reemployed and is back making monthly rental payments, White said.

“For someone who has been on both sides of this issue, I can support the proposed ordinance,” said District 5 Supervisor Federal Glover of Pittsburg, who is up for re-election Nov. 3 against Contra Costa County Assessor Gus Kramer.

“This is another way to get property into the hands of government,” said landlord Marilyn Blander.  The long-term economic effects will be terrible because government is a terrible way to provide housing.”

PLO Consent Decree for County Jail Inmates OK’d

In another action, supervisors unanimously approved an agreement with the Prison Law Office that will enhance psychiatric and medical services for inmates held at the Martinez Detention Facility and the West County Detention Facility in Richmond.  Four years in negotiations, the PLO-Contra Costa County consent decree will be in effect for five years.  The consent decree can be mutually ended.

It will cost the county $43.7 million a year to provide improved mental and medical care and pharmaceutical services to prisoners housed in the two county detention facilities.  Those costs reflect the addition of the eventual hiring of 125 fulltime Health Services Department employees and 63 fulltime equivalent Sheriff’s Department employees.

So far, the county has hired 42 fulltime equivalent Health Department and 41 fulltime Sheriff’s Department employees.

“This is a roadmap for positive change, one that moves the county forward in further improving the physical space and services provided” said Board Chair Candace Andersen.  “We want to stop those with mental illness from repeatedly cycling through our jails.  If we can provide them with much needed treatment while incarcerated and ensure that they have supportive services upon re-entry to the community, their lives will substantially improve.”

Prison Law Office Executive Director Donald Spector called and thanked the supervisors for approving the five-year consent decree.

 

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.

“You are not being inconvenienced that much.” – Supervisor Karen Mitchoff

• Half-Cent Sales Tax Ballot Measure Plans Hung Up in Sacramento

• Sheriff Continues Cooperation With ICE

By Daniel Borsuk

Over citizen objections, the Contra Costa County Board of Supervisors voted 5-0, Tuesday to approve fines for non-commercial and commercial public health violations in connection with the COVID-19 pandemic.

The new ordinance that goes into effect immediately requires citizens to wear face masks in the public and in commercial settings or one can be subject to a fine, or multiple fines.

Contra Costa County Health Services Director Anna Roth told supervisors the county needs an ordinance setting down fines because as of Tuesday the county’s COVID-19 caseload is still rising with 7,304 cases. In the county there have been 108 COVID-19 related deaths, she reported, of which 70 percent occurred in long term care facilities. County health officials have observed a sharp rise in COVID-19 cases since May. Roth pointed out the county is on the state’s COVID-19 Monitoring List.

Deputy County Health Director Randy Sawyer explained there is an “urgent need” for county supervisors to adopt an ordinance establishing fees so that county health enforcement officers can enforce public health orders especially during the current pandemic.  Citizens are not wearing masks and are not practicing social distancing, Sawyer said.

Sawyer said there are about 200 businesses that the county has ongoing public health complaint issues with the department.

Similar ordinances have recently been adopted in Marin and Napa counties, and the Contra Costa County ordinance requires persons to wear masks when engaged in noncommercial and commercial activities.  In Contra Costa, for the first noncommercial violation the fine is $100, $200 for the second violation and $500 for each additional violation within one year of the initial violation.

For commercial activity violations, the fine for the first violation is $250, $500 for a second violation, and $1,000 for each additional violation within one year of the initial violation. “If a violation continues to more than one day, each day is a separate violation,” the ordinance states.

Public Opposition to Mask Ordinance & Fines

Speakers opposing the ordinance said requiring persons to wear masks violates their Constitutional rights. “I oppose this ordinance because it violates our liberties, “said Dave Sutton. “It restricts our liberties.”

Similarly, Deborah Thompson said, “I oppose the ordinance because it is an abridgement of our liberties.”

Comments like those sparked District One Supervisor John Gioia of Richmond to say, “I am shocked by the lack of literacy and scant knowledge that people have.”

The supervisor said some people don’t understand that this virus is causing a public health crisis where this county “may soon run out of ICU beds and two thirds of the people who have died in the county lived in congregant living facilities.”

“We are out to get these numbers down,” Supervisor Karen Mitchoff of Pleasant Hill said in reference to the rising number of COVID-19 cases in the county. “A health order will do that. You are not being inconvenienced that much.”

Mitchoff, who noted Contra Costa County’s fines are less than other Bay Area county fines, said  the new ordinance will mean persons will now be required to wear a mask when they out of their house, even when they go to the fast-food drive thru. “If you don’t want to wear a mask then get used to wearing a ventilator,” the supervisor warned.

Richmond resident Edith Alderman supported the ordinance commenting,” I’m 100 percent in favor of the ordinance.  This can help get a handle on this disease.”

Speaking on behalf of the board, Chair Candace Andersen of Danville said “Many people are following the Health Order, but we need to increase our efforts together to slow the spread of COVID-19 in our community. To further our progress, to protect lives and reopen more local businesses and activities, we need a tool to send a fair message that everyone has to adhere to health orders to prevent the spread of the virus.”

“With a 14 percent unemployment rate, this is not the time for a sales tax hike” – Board Chair Candace Andersen

Half-Cent Sales Tax Ballot Measure Plans Hung Up in Sacramento

With the legislative clock ticking in Sacramento, the supervisors plan to meet at a special teleconferenced meeting next Tuesday in order to get a status report to waive the second reading on the supervisors’ resolution calling for a Nov. 3 half cent sales tax ballot proposal.

The special meeting was called because state legislators have not convened to act on proposed legislation, especially Contra Costa County State Senator Steve Glazer’s Senate Bill 1349, a transactions and use tax law, that the supervisors need the state Legislature to pass and Governor Gavin Newsom to sign by August 18 or the supervisors’ half cent sales proposal will not appear on the November ballot.

Deputy County Administrator Tim Ewell explained without passage of SB 1349, the county will  lose $800,000 to $1 million in state revenue to cover printing costs tied to the ballot measure, but the clock is ticking and the supervisors need to have SB 1349 passed in the legislature and signed by the governor by August 18.

“I want those funds,” said supervisor Mitchoff, “but it will only move forward if the legislature acts.”

Supervisors voted 4-1, with Chair Candace Andersen of Danville casting the lone opposing vote, to move forward to meet next Tuesday.

“I will not support it” said Andersen, who also opposed the tax increase proposal at the board’s July 14 meeting.  “With a 14 percent unemployment rate, this is not the time for a sales tax hike with such high unemployment rate.”

One of the few speakers opposing the proposal Tom Townsend of El Cerrito, said, “I am taxed to the limit and I oppose the half cent sales tax.”

“I am unsure if this ballot measure will pass,” warned District 3 Supervisor Mitchoff, but she voted in favor of it anyway.

Tax proponent Supervisor Gioia said a county resident would typically pay $60 to $80 a year should the tax measure pass in November.

The proposed language for the county tax measure reads:

“To keep Contra Costa’s regional hospital open and staffed; fund community health centers; provide timely fire and emergency response; support crucial safety-net services; invest in early childhood services, shall the Contra Costa County measure levying a ½ cent sales tax, exempting food sales, providing an estimated $81,000,000 annually for 20 years that the state cannot take, requiring fiscal accountability, with funds benefitting county residents, be adopted?”

Sheriff Continues Cooperation with ICE

Sheriff David Livingston ran into criticism from the public about how the Sheriff’s Office works with the United States Immigration and Customs Enforcement (ICE) but is not expected to change his policies.

“The Sheriff continues to respond to ICE notification requests,” said Melanie Kim, a staff attorney for Advance Justice – Asian Law Caucus. “These practices are especially cruel given that COVID-19 is running rampant inside ICE facilities.  People in ICE custody are vulnerable to grave illness or death.”

The sheriff told supervisors that because of the COVID-19 hygiene practices that his officers and the inmates use at the West Contra Costa facility in Richmond and Martinez jail, there have been no reported COVID-19 cases.

The sheriff reported that in the past year his office detained for ICE enforcement purposes, 72 were Hispanic prisoners, 18 were Asian prisoners, one was a Black prisoner, three were white prisoners, and two “other” prisoners.

Sheriff Livingston said of the 95 prisoners reported to ICE, 71 were charged for miscellaneous felonies, four for penal or murder, five for robbery, two for car jackings, and for 11 for assaults with deadly weapons.

While there were a number of critics of the Sheriff’s Office asking that the Board of Supervisors to reduce funding for the upcoming 2020-2021 fiscal year, Karen Clarkson was one of few backers of Sheriff Livingston’s department requesting that funding remain unchanged. “I support the Sheriff,” she said. “It is an unsafe practice to defund the Sheriff.”

“This county should be safe for everyone, whether they are documented or undocumented,” said Anisha Walker, who requested that supervisors cut funds to the Sheriff’s Office.

“I have no sympathy for those who break the law and are violent criminals, “said Supervisor Mitchoff. “I support the sheriff. And I support social justice and equality at a time we are in a COVID -19 pandemic.”

Non-commercial activities: $100, $200 and $500 fines

Commercial activities: $250, $500 and $1,000 fines.

If a violation continues for more than one day, each day is a separate violation. 

By Susan Shiu, Director, Office of Communications and Media, Contra Costa County

(Martinez, CA) – On July 28, 2020, the Contra Costa County Board of Supervisors used its emergency powers under state law to pass Urgency Ordinance No. 2020-21 that establishes administrative fines for violations of public health orders pertaining to the COVID-19 pandemic.

The Board unanimously determined the ordinance, effective immediately, is necessary to provide an alternative to criminal enforcement of public health orders that will augment the ability of the County and other local agencies to ensure compliance with public health orders and combat the spread of COVID-19.

“Many people are following the Health Orders, but we need to increase our efforts together to slow the spread of COVID-19 in our community,” said Board Chair, Supervisor Candace Andersen. “To further our progress to protect lives and reopen more local businesses and activities, we need a tool to send a fair message that everyone has to adhere to health orders to prevent the spread of the virus.”

For health order violations involving non-commercial activities, the amount of the fine is $100 for a first violation, $200 for a second violation, and $500 for each additional violation within one year of the initial violation. For violations involving commercial activity, the amount of the fine is $250 for a first violation, $500 for a second violation, and $1,000 for each additional violation within one year of the initial violation. If a violation continues for more than one day, each day is a separate violation.

Throughout this pandemic, Contra Costa leaders and law enforcement have encouraged “educational enforcement” before issuing penalties. Before issuing a Notice of Fine, an enforcement officer can first issue a Notice of Violation, which gives a person or business up to two days to correct a violation. In cases where the enforcement officer determines that issuing a Notice of Violation is unnecessary or ineffective, the enforcement officer can immediately issue a Notice of Fine.

Because Public Health Officer orders apply countywide, this ordinance also applies countywide under Government Code section 8634. The ordinance may be enforced in cities and special districts by officials designated by those agencies to enforce the ordinance.

For more information, read Ordinance No. 2020-21 (PDF) available on the County website.

Andersen only one to vote against tax increase measure; support Martizians for Black Lives and mural; approve Grand Jury report on wildfire preparedness; finalize recruitment process for new County Administrator

By Daniel Borsuk

Just as Contra Costa County’s top public health official Anna Roth informed the Contra Costa County Board of Supervisors  on Tuesday the number of COVID-19 positive cases has risen to 2,586 cases, an increase from 92 cases three weeks earlier, and with 79  COVID -19 stricken patients in county hospitals, up from 35 patients in county hospital six weeks previously, Supervisors reacted swiftly by extending a county-wide ordinance prohibiting rental evictions and rental increases until September 30.

Supervisors received overwhelming telephone citizen support to extend the ordinance’s benefits to renters and small businessowners two and half months during Tuesday’s teleconference meeting.  The ordinance that had protected tenants from evictions and rent increases would have expired on Wednesday, July 15.

The new ordinance won unanimous support from supervisors.

“The emergency is not over with the COVID 19 pandemic.  The economic impact our residents face has not subsided, said Board Chair Candace Andersen in a statement.  “We sincerely hope passage of this new ordinance to extend the eviction protection of rent freeze will continue to protect renters and small businesses even as landlords and renters work together to have tenants pay what they can over a longer period of time.

The ordinance contains a no-fault provision that landlords cannot increase the rent on a residential property until Sept. 30, Andersen said in her statement. It applies to all 19 cities in the county as well as all unincorporated areas.

Support Placing Half-Cent Sales Tax Increase on Ballot on Split Vote

The Supervisors, on a 4-1 vote, also flashed the green light to allow county officials to proceed in drafting a county-wide ballot measure possibly for the November election for a half-cent sales tax increase to support county services.

Supervisors reviewed findings from a poll that cost $10,000 and conducted by FM3 Research that found  among 666 persons who were polled, “To keep Contra Costa’s regional hospital open and staff; fund community health centers; provide timely fire and emergency response; support crucial safety-net services; invest in early childhood services; protect vulnerable populations; and for other essential county services, shall the Contra Costa County measure levying a half-cent sales tax, exempting food sales, providing an estimated $81,000,000 annually that the State cannot take, requiring fiscal accountability, with funds benefitting County residents, be adopted?”

The FM3 Research poll found that 62 percent of the respondents would possibly support a tax measure, 31 percent oppose, and 7 percent had no response.

Board Chair Candace Andersen, who represents District 2, cast the lone no vote against the sales tax proposal saying she had “serious concerns” about the measure.  The supervisor from Danville said “it would add further tax burdens to families now stressed by the economic impacts of the  COVID 19 pandemic restrictions.”

“A sales tax is the most regressive form of taxation for those who can least afford it. I think the timing is really, really off,” she added.

But District 1 Supervisor John Gioia of Richmond, who has constantly defended the need for a countywide sales tax to support county services, said, “The need is more apparent now that county services are underfunded and need additional tax support.”

 

The tax increase would require support of a 50% plus one simple majority of voters to pass. The Supervisors have until August 7 to place the measure on the November ballot. According to the Contra Costa County Elections website, supporters and opponents would have until August 19 to file Arguments in Favor or Against and until August 24 to file rebuttals.

Support Martizians for Black Lives & Mural

Supervisors approved, without opposition, a resolution “supporting Martizians for Black Lives in their legal public commentary through their ‘Blacks Lives Matter’ mural, and strongly condemns those who illegally deface this mural as a racist and illegal act.”  The resolution is in reference to the Black Lives Matter mural that was painted and temporarily defaced in front of the Martinez court house with black paint by a woman and assisted by a man, who said they were defacing the mural with comments such as “Racism is a lie,” “There is no racism,” “This is not happening in my town, “ “No one wants Black Lives Matter,” and “All lives matter.”

Contra Costa District Attorney Diana Becton stated, “The mural completed last weekend was a peaceful and powerful way to communicate the importance of Black lives in Contra Costa County and the country.  We must continue to elevate discussions and actually listen to one another in an effort to heal our community and country.”

Grand Jury Report on Wildfire Preparedness

A Grand Jury Report, “Wildfire Preparedness in Contra Costa County,” was approved as a consent item, but among the panel’s recommendations were:

“The Board of Directors of Contra Costa County Fire Protection District, East Contra Costa Fire Protection District, Rodeo-Hercules Fire Protection District, and San Ramon Valley Fire Protection District should consider directing their Fire Chief to update wildfire evacuation plans and incorporate pre-determined polygons and advanced routing technology, by June 30, 2021.”

The Grand Jury Report also states directors of the five county fire districts “should consider identifying funds to adopt or expand the use of new technologies, such as ground sensors, drones, satellites, and fire spotting cameras, to help detect fires in high-risk areas by June 30, 2021.”

Additionally, the report recommends that directors of the Contra Costa County Fire Protection District, East Contra Costa Fire Protection District, Moraga-Orinda Fire Protection District and Rodeo-Hercules Fire Protection District should review and consider an ordinance similar to the one the San Ramon Valley Fire Protection District passed that would enable their fire district to recover labor and equipment costs from PG&E for overseeing electrical utility work that presents a high fire risk by June 30, 2021. “

In other action, supervisors approved the sale of two parcels of county owned land at 1750 Oak Park Blvd. and 75 Santa Barbara Road, that is the site of the former Pleasant Hill Library, for $13.8 million to developer Davidon Homes. The site is part of a proposed development calling for the construction of a new City-owned library, 34 single-family homes, and open space.  No one spoke either in opposition or in favor of the sale.

Finalize Recruitment Process for New County Administrator

Supervisors also authorized recruitment consultant Peckham & McKenney, a Sacramento firm that supervisors had hired to recruit a new County Administrator to replace David Twa, who will retire at the end of this year to begin the recruitment process.  The supervisors had approved a $30,500 contract last month with Peckham & McKenney.

The successful candidate could earn an annual salary of as much as $381,000.

The recruiter has proposed a schedule that includes resume deadline of Sept. 22, preliminary interview running from Sept. 23 through Oct. 9, Recommendations of Candidates on Oct. 13, Interview – First Round the week of Oct. 26 and Second Round the week of Nov. 2.

The recruiters work is slated to be completed with the successful replacement of a new county administrator before Jan. 31, 2021, the end of the contract with Peckham & McKenney.