Contra Costa Herald

By Allen Payton

Contra Costa County District Attorney Diana Becton issued a new policy for the DA’s Office focused on immigration. In order to comply with state and federal laws, the office has updated its immigration policy.

“It is important to have a standardized process in place to ensure we meet our obligations under the law. I am confident that with this new policy we can fairly review all options for a disposition while at the same time ensuring we meet the demands to protect the public and victims,” said DA Becton. “Moving forward, cases will be evaluated by our state legislative mandate to ‘consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution.’”

Last July, for the first time ever, the entire DA’s office staff received an in-depth immigration training which focused on the role of prosecutors in considering adverse immigration consequences, i.e. deportation.

The law was changed in California in 2016 and now Penal Code Section 1016.3(b) mandates, “the prosecution … consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution.”

The legislature enacted the law after finding “the immigration consequences of criminal convictions have a particularly strong impact in California. One out of every four persons living in the state is foreign-born. One out of every two children lives in a household headed by at least one foreign-born person. The majority of these children are United States citizens. It is estimated that 50,000 parents of California United States citizen children were deported in a little over two years. Once a person is deported, especially after a criminal conviction, it is extremely unlikely that he or she ever is permitted to return.” (Cal. Penal Code Section 1016.2(g)).

Following are aspects of Becton’s updated policy, under governing law, “consideration of immigration consequences during the plea negotiation process is mandatory” and “victim’s rights must also be included and considered in the plea negotiation process.”

The policy notes that “These internal guidelines are not intended to create any new procedural rights in favor of criminal defendants or to be enforceable in a court of law. Nor shall these guidelines be construed to create any presumptions that a previously sentenced defendant would have received any offer other than that which has already been extended and accepted.

The policy further states, “Prosecutors do not have an obligation to independently research or investigate the adverse immigration consequences that may result from a plea or criminal conviction.” But, they “shall consider adverse immigration consequences presented by the defense.”

In addition, the new policy requires that “the supervising prosecutor…determine based upon the totality of the circumstances if an appropriate disposition can be reached that neither jeopardizes public safety nor leads to disproportionate immigration consequences based on the information provided by the defense.”

According to the new policy, alternative considerations include, “Devising an alternative plea agreement that is factually honest and of a similar nature and consequence to the originally charged offense, but minimizes the defendant’s exposure to adverse immigration consequences;” and “Allowing language to be stricken from a charging document or plea colloquy while maintaining the truthfulness of the remaining charging language.”

Scott Alonso, Public Information Officer, Office of the Contra Costa County District Attorney contributed to this report.

May is Foster Parent Recognition Month

The Contra Cost Board of Supervisors on Tuesday, May 14 recognized May as Foster Parent Recognition Month. Supervisors’ resolution noted there are approximately 1,100 children and youngsters in foster care in the county. At the ceremony, supervisors presented the resolution to first time foster parents Patricia and Ryan Streeter of Antioch, who became the foster parents of two-month-old Samuel. The couple are the parents of their eight-year-old biological son Josiah. The supervisors’ resolution noted the importance of Foster Parent Recognition Month in Contra Costa County for “being provided with a safe, secure and stable home environment, along with the compassion and nurturing of foster relative and non-relative families….” Photo by D. Borsuk

By Daniel Borsuk

The Contra Costa County Board of Supervisors approved on a 4-0 vote Tuesday a $13 million multi-faceted plan that aims to detour people with mental illness who are in county jail and to relocate them in appropriate mental health facilities. Supervisor Federal Glover of Pittsburg was absent.

Chief Assistant County Administrator Timothy Ewell told supervisors the county has grant applications pending totaling about $13 million that will help the fund the recommendations from Policy Research Associates.

Supervisors accepted 13 recommendations drafted by Policy Research Associates, a Delmar, NY-based firm that conducted a conference last January with Contra Costa mental health, medical, law, political officials and other community stakeholders in attendance.

Policy Research Associates researchers Brian Case and Regina Hueter co-authored the study “Sequential Intercept Model Mapping Report for Contra Costa County.”

Supervisors quickly approved the Policy Research Associates report. There were no comments from the public.

Since 2015, Contra Costa County has been involved in the nationwide Stepping Up movement designed to reduce the number of persons with mental illness in county jails. The county’s inmate population’s daily mental illness rate hovers around 15 percent. That is comparable with a national average of 17 percent.

“We have more critically mentally unhealthy people in our jails than in our hospitals. The question is how do we intercept these people?” asked Board Vice Chair Candace Andersen of Danville, who attended the Policy Research Associates conference in January.

The 13 recommendations the supervisors adopted in the “Sequential Intercept Model Mapping Report for Contra Costa County,” include:

• “Establish an Uber committee and process that allows for shared leadership, responsibility, coordination, and oversight of justice system and behavioral health innovation and reform.”
• “Establish standardized metrics and data-sharing across county agencies to improve data-informed decision-making.”
• “Increase county-wide deflection and diversion strategies. Explore the need for a 24-hour crisis stabilization and triage center and a mental health first responder co-responder strategy.”
• “Further incorporate the use of peers and peer support and recovery across intercepts.”
• “Identify ‘familiar face’ high utilizer populations to help manage costs, reduce unnecessary utilization of services while increasing individual stabilization. Develop ‘higher utilizer’ strategies.”
• “Implement a comprehensive substance use disorder strategy: Population identification & treatment resources in the jail & community.”
• “Examine the need for pre-trial interventions to reduce failure to appear of individuals who are booked and released.”
• “Improve and pre-and-post-arrest diversion opportunities for the incompetent to stand trial populations.”
• “Review and address problems solving court criteria to align with national best practice
• “Increase equity and access to services regardless of AB 109 funding.”
• “Improve jail-based services and transition planning to reduce recidivism and improve health and other outcomes for detained or jailed individuals.”
• “Continue to build probation Best Practices, training, and coordination to reduce technical violations and probation revocations.”
• “Work with Center for Medicare and Medicaid services and the state of California to establish an agreement that allows parolees to access Medi-Cal and receive county services.”

Supervisors also approved the following consent calendar items:

Danville Blvd.-Orchard Court Roadway Project

Supervisors approved a $375,000 Public Works contract with Quincy Engineering Inc. for civil engineering services for the Danville Boulevard-Orchard Court Complete Streets Improvement Project to be completed by March 31, 2021. The road project includes the construction of a roundabout at Danville Boulevard and Orchard Court to reduce speeds and improve pedestrian crossing. The project also includes the restriping of the roadway and lane reconfiguration and storm drain modifications, landscaping, storm water treatment, signage, utility adjustments and changes to existing roadside features.

Emergency Driving Program

Gave the green light for the Sheriff-Coroner to sign a $165,000 contract with the Commission on Peace Officer Standards and Training to provide an emergency vehicle operations course instruction for the period July 1, 2019 through June 30, 2020. The course will serve 110 students at an initial cost of $1,500 per student.

Redesiginating the John Muir Medical Center as Official Trauma Center

Supervisors redesignated John Muir Medical Center as the county’s official trauma center through May 21, 2031. In approving the consent item, supervisors agreed John Muir Medical Center’s trauma center has seen its patient rate grow by 53 percent since 2011, but its trauma inpatient volume has remained relatively steady with an average of about 1,200 inpatients per year. With the supervisors’ consent action, the county will receive $350,000 a year during the duration of the agreement from John Muir Medical Center for the county to fund programs to decrease violence or prevent injuries throughout the county.

The Contra Costa County Board of Supervisors presented resolutions of recognition to Scott Walchek, founder NS president of Trov, a Danville-based on-demand insurance company, and to Sylvia Lewis vice president of Sigray Inc., a Pacheco-based X-ray technology company, for both companies being 2019 Innovation Award finalists and winners. Photo by Daniel Borsuk.

By Daniel Borsuk

The Contra Costa County Board of Supervisors unanimously approved a status-quo $3.69 billion budget for the 2019-2020 fiscal year at Tuesday’s meeting, but supervisors made more noise about the possibility they could be pushed to propose a countywide sales tax measure to cover rising labor and health care costs averaging about 3 percent for 2019-2020.

“We need some type of local tax revenue, but there is nothing under consideration right now,” Board Chair John Gioia of Richmond told the Contra Costa Herald after supervisors approved next fiscal year’s spending plan that attracted several critics of Sheriff-Coroner David Livingston’s $10 million budget increase request over recent charges one deputy had sexually and physically abused female inmates at the West County Detention Facility. That deputy has been dismissed by the sheriff.

When County Administrator David Twa initially presented the 2019-2020 tentative budget at an April 23 meeting, supervisors had sparingly talked around the tax issue idea, but at the May 7 meeting all five supervisors were more outspoken about the potential tax idea.

Citing how Alameda County produces $150 million in annual revenue from its sales tax, Gioia said, “We struggle with less.” In addition to Alameda County, San Mateo and San Francisco counties financially benefit from revenue coming from a sales tax.

“John is absolutely right, “said District 5 Supervisor Federal Glover. “We need another revenue source. We need to continue to grow our resources.”

District 3 Supervisor Diane Burgis hinted she could possibly support a sales tax measure given the current state of the county’s inability to deliver public services while adequately fulfilling the financial and health benefit needs of employees. “We are leveraging our dollars and our employees. We can do better,” Burgis said.

Vice Chair Candace Andersen doubted a countywide sales tax measure would win voter support. “I don’t know how a sales tax measure would get passed by the voters,” the supervisor from Danville said.

Supervisors OK DA Investigators Association Labor Pact

Supervisors unanimously approved a new four-year labor contract with the District Attorney Investigators’ Association. Investigators will earn from $8,293.27 per month to $11,480.60 per month based on seniority. The contract runs from July 1, 2019 through June 30, 2023.

8-Unit Pacheco Townhouse Approved

Without opposition from the public, supervisors unanimously approved developer Andy Akay’s plans to construct an eight-unit townhouse subdivision development at 214 Center Ave. in Pacheco. The three-story development will be constructed on a vacant .49-acre parcel of property. Each unit will have a two-car garage. The two bedroom and three-bedroom units will have living areas of 2,199 square feet to 2,203 square feet each.

Chaplaincy Services Contract Approved

Supervisors also approved as a consent item a Sheriff-Coroner contract with the Bay Area Chaplains, Inc. for an amount not to exceed $162,000. The Bay Area Chaplains will provide chaplaincy services in adult detention facilities from July 1, 2019 through June 30, 2020. Services will include providing materials, counseling, bible studies, worship services and responding to crisis and emergencies involving inmates or staff.

CDFA and DPR will convene a new working group to identify, evaluate and recommend alternative pest management solutions. Environmental Working Group praises action.

SACRAMENTO – In a move to protect workers, public health and the environment, the California Environmental Protection Agency (CalEPA) announced on Wednesday that the Department of Pesticide Regulation (DPR) is acting to ban the use of the pesticide and toxic air contaminant chlorpyrifos in California by initiating cancellation of the pesticide.

CalEPA and the California Department of Food and Agriculture (CDFA) also announced that the Governor will propose $5.7 million in new funding in the May Revision budget proposal to support the transition to safer, more sustainable alternatives, and plans to convene a working group to identify, evaluate and recommend alternative pest management solutions.

“California’s action to cancel the registration of chlorpyrifos is needed to prevent the significant harm this pesticide causes children, farm workers and vulnerable communities,” said CalEPA Secretary Jared Blumenfeld. “This action also represents a historic opportunity for California to develop a new framework for alternative pest management practices.”

The decision to ban chlorpyrifos follows mounting evidence, including recent findings by the state’s independent Scientific Review Panel on Toxic Air Contaminants, that the pesticide causes serious health effects in children and other sensitive populations at lower levels of exposure than previously understood. These effects include impaired brain and neurological development.

In April, chlorpyrifos was formally listed as a “toxic air contaminant”, which California law defines as “an air pollutant which may cause or contribute to an increase in mortality or an increase in serious illness, or which may pose a present or potential hazard to human health.” The listing requires DPR to develop control measures to protect the health of farm workers and others living and working near where the pesticide is used.

DPR has determined, in consultation with CDFA, the Office of Environmental Health Hazard Assessment (OEHHA), and the California Air Resources Board (CARB), that sufficient additional control measures are not feasible.

As a result, DPR intends to move forward in a responsible manner by beginning the process of canceling the registrations for products containing chlorpyrifos, and at the same time, convening a cross-sector working group to identify safer alternatives to avoid replacing chlorpyrifos with an equally harmful pesticide.

DPR also will consult with county agricultural commissioners and local air pollution control districts before filing for cancellation. The cancellation process could take up to two years.

During the cancellation process, DPR’s recommendations to county agricultural commissioners for tighter permit restrictions on the use of chlorpyrifos will remain in place. These include a ban on aerial spraying, quarter-mile buffer zones and limiting use to crop-pest combinations that lack alternatives. DPR will support aggressive enforcement of these restrictions.

DPR and CDFA will convene a cross-sector working group to identify and develop safer and more practical and sustainable alternatives to chlorpyrifos, including the use of biological controls and other integrated pest management practices. They will also partner with growers as they transition from using chlorpyrifos to implement safer alternatives.

In addition, the Governor’s May Revision budget proposal includes $5.7 million in funding for additional research and technical assistance to support this effort. In combination, the working group and funding for alternatives will produce short-term solutions and prioritize the development of long-term solutions to support healthy communities and a thriving agricultural sector.

“We look forward to working with the Legislature through the budget process on the Governor’s proposal to support growers in the transition to alternative pest management,” said CDFA Secretary Karen Ross.

In 2015, DPR designated chlorpyrifos as a “restricted material” that requires a permit from the county agricultural commissioner for its application. In addition, application of chlorpyrifos must be recommended by a licensed pest control advisor and supervised by a licensed certified applicator.

The proposed cancellation would apply to dozens of agricultural products containing the pesticide. The pesticide has been prohibited by the U.S. Environmental Protection Agency for residential uses since 2001.

Chlorpyrifos is used to control pests on a variety of crops, including alfalfa, almonds, citrus, cotton, grapes and walnuts. It has declined in use over the past decade as California growers have shifted to safer alternatives. Use of the pesticide dropped more than 50 percent from two million pounds in 2005 to just over 900,000 pounds in 2016.

Environmental Working Group praises action

In response, the Environmental Working Group (EWG) issued the following in a press release on Wednesday:

In contrast to the decision by President Trump and his administration, Newsom’s decision to prohibit the use of chlorpyrifos by agriculture operations in the state demonstrates the kind of leadership where public health takes priority over the narrow interests of chemical agriculture, said EWG President Ken Cook.

“Gov. Newsom has done what the Trump administration has refused to do: protect children, farm workers and millions of others from being exposed to this neurotoxic pesticide,” said Cook. “Just because chemical agriculture wants to use a pesticide on our food that can harm kids’ brains doesn’t mean they should. With the governor’s action, California is once again showing leadership in protecting public health.”

Two years ago, the U.S. Environmental Protection Agency, under former Administrator Scott Pruitt, sided with the pesticide lobby over the agency’s scientists in an 11th-hour decision to abort a proposal to ban chlorpyrifos from use on food crops.

In August the Ninth Circuit Court of Appeals ruled that Pruitt’s decision violated federal law and ordered the EPA to ban chlorpyrifos within 60 days. But new EPA chief Andrew Wheeler refused to obey the court’s order. In September, the Trump Justice Department filed a petition on behalf of the agency, calling on the court to overturn its earlier ruling and leave chlorpyrifos legal. An order last month by the Ninth Circuit gives Wheeler and the Trump administration until mid-July to make its decision.

Earlier this year, State Sen. Maria Durazo (D-Los Angeles) introduced legislation to ban chlorpyrifos. The bill is currently moving through the legislature.

“EWG applauds Gov. Newsom and Sen. Durazo for advancing policies that take a stand on behalf of the health and well-being of California’s children,” said Bill Allayaud, EWG’s director of government affairs for California. “The health and safety of the people of this state should always come before the demands of the pesticide and chemical industries, and today they did.”

Kirker Pass Road truck climbing lane project. By CCC Public Works.

Contra Costa County Public Works will begin construction on the Kirker Pass Road Northbound Truck Climbing Lane Project. The project will improve safety and reduce congestion along Kirker Pass Road from the Concord Pavilion to the northern Hess Road intersection by constructing a truck climbing lane in the northbound direction. Pavement widening will occur on the east side of the roadway to provide a 12-foot truck lane and eight-foot paved shoulder. Widening will require construction of six retaining walls adjacent to the roadway. The project also includes paving both the north and southbound lanes between the City of Concord/County limits to approximately 4,200 feet north of North Hess Road.

Construction will begin on Monday, May 13, 2019, with completion in the Spring of 2020, barring unforeseen circumstances. Construction operations will be scheduled to minimize impacts to commute traffic.

Funding for this project is provided by Measure J, State Transportation Improvement Program, State Match, Local Streets and Road Program, and gas tax revenues provided by the SB1 Road Repair and Accountability Act. More information for this project can be found at http://www.cccounty.us/pwdmap.

Illegal gun found at suspect’s home and drugs found in his shoe at Richmond jail. Photos by Richmond PD.

By Richmond PD

***Air Jordan***

Recently, Richmond PD’s SIS Gang Unit arrested a known drug dealer with controlled substances and a large amount of money on his person. Once in the jail, officers discovered the suspect concealing more narcotics in his shoe and in other body locations. The SIS Gang Unit then performed a search warrant on the suspect’s home, locating more narcotics, money and an illegal firearm. This is the fourth time this year a gun has been recovered from this suspect. Great work RPD Gang Unit!

By Pittsburg PD

On Monday, May 6, 2019, just prior to midnight, Pittsburg Officers responded to an address on Shoreline Drive for the report of shots fired. While officers were responding to the scene, the victim’s mother informed dispatch that her son ran inside the house stating he had been shot by an unknown man. When officers arrived at the house, they located the victim suffering from multiple gunshots wounds to the upper torso. Officers began life saving measures until Contra Costa County Fire and medical personnel arrived and took over. The victim, a 47-year-old Pittsburg man, informed officers he was outside at his vehicle when an unknown man approached him, fired multiple shots at him, then fled on foot. The victim was transported to John Muir Hospital in Walnut Creek where died.

The Pittsburg Police Department’s Investigations Division responded to the scene and took over the investigation. Detectives are currently contacting witnesses and obtaining statements from those involved. Based on initial information, it is unknown if victim and the man knew each other. Additional information is not available at this time and the name of the victim is being withheld pending notifications. This is the city of Pittsburg’s fifth homicide of the year.

The Pittsburg Police Department is requesting the public’s assistance and asks anyone with additional information to please contact the Pittsburg Police Department Tip-Line at 925-252-4040.

Photo by Pittsburg PD.

By Pittsburg PD

Drugs, guns, ammo, and a lot of cash.

Everything you see in the photo was seized today by our Vice/Gang unit as a result of a search warrant in Pittsburg.

Vice Detectives recovered six firearms, including a fully automatic assault rifle, eight high capacity magazines, a cache of illegally possessed ammunition, illegal narcotics for sales and currency proceeds. Two convicted felons were arrested in conjunction with this investigation.

Heritage High denies him opportunity to graduate with class due to on-line schooling during training

CJ Nickolas with gold medal from the 2018 World Taekwondo Federation competition in Greece. Photo courtesy of Ed Givans.

C.J. Nickolas, a senior in high school, is headed to Taekwondo Senior World Championships in Manchester, England in May 2019.  He had to withdrawal from Heritage High School two days into his Senior year because he was one of eight athletes in the United States picked up by the United States Taekwondo (USAT) to train full time abroad and enter the European Taekwondo Open circuit.  The intention was to get these athletes ready for 2024 or 2028 Olympics.

However, Nickolas has defied the odds, outperformed the initial expectation, and is headed to the World Championships this year setting him on a track for the 2020 Olympics.  A few other things have to fall into place for him to make it, as well, but he’s definitely on track.

Nickolas is the son of Edward Givans, owner of Givans Taekwondo in Antioch, where Nickolas trains, and Denise Nickolas of Brentwood.

“His mom and I are very proud of C.J.,” the elder Givans said. “It’s been exciting to see him advance in his skills and the competitions.”

Arriving at this place in his life was not happenstance or luck for Nickolas.  He has put long hours, and extensive time into training over the years.  Nickolas has made many sacrifices to get where he is and says that even in the setbacks and losses and injuries, he knows he has to continue the grind.  He says he digs deep when it’s tough and keeps pressing his way.

Nickolas is finishing out his high school through an on-line school (CAVA) while he continues to train full time.  His travels in the past six months have taken him to compete in Greece, Poland, France, Croatia, Africa and Spain among other places.  He has one stop in Bulgaria before he heads back to England to train for Worlds.  CJ has been in Brentwood schools (Ron Nunn, Adams and Heritage) and has many ties to the community.

Sadly, he says, “I will not be allowed to participate in the graduation ceremony with my peers and I will be at Worlds during the Prom.”

Heritage High Principal Carrie Wells provided the reason Nickolas is not being allowed to graduate with this year’s class.

“He actually is not enrolled in our district, currently. In order to be enrolled in our district, he would have had to re-enroll in January, before the current semester,” she said. “His only option would be to enroll in Independence High School in our district. There would be seat time each week and check-in with the teacher.”

“It’s not that we don’t want him to graduate with us. But, board policy is pretty specific about that,” Wells added.

Nickolas puts that in the column of sacrifices and will continue his grind to get to the coming Olympics.

Allen Payton contributed to this story.

In response to yesterday’s announcement by SEIU United Healthcare Workers, regarding launching a protest at Kaiser headquarters in Oakland, today at 5:00 p.m., John Nelson, Vice President Communications, Kaiser Permanente offered the following response.

Regarding the question about gardeners:

As we do with our other medical center campuses, Kaiser Permanente is engaging a professional commercial landscaping vendor at our remaining facilities in Northern California, giving all of our campuses the benefit of the most expert, efficient, and ecologically sound practices.

The decision about landscaping affects 63 employees, some of whom have already found other positions at Kaiser Permanente. We value these employees, and any affected employee who wishes to remain employed with Kaiser Permanente in a new role will be able to do so.

SEIU-UHW is making statements about Kaiser Permanente’s commitment to its employees that are misleading and incorrect. The truth is that Kaiser Permanente is growing and adding jobs overall. With more than 149,000 employees and 16,000 physicians, we have added more than 13,000 jobs in the state since 2016.  In fact, the number of our employees represented by SEIU-UHW has grown by more than 8,000 statewide since 2016.

On the planned labor activity:

Kaiser Permanente has been notified by SEIU-UHW leadership that the union plans to conduct informational picketing at several of our California offices and medical centers during May 2019. It’s important for our members and patients to know that informational picketing is not a strike and it does not impact our care delivery or operations. While this union is staging picketing, the physicians and employees of Kaiser Permanente will remain focused on the important work of delivering high-quality, affordable care to our members and improving the health of the communities we serve.

Kaiser Permanente started bargaining with the Coalition of Kaiser Permanente Unions in mid-April. We believe that by working together in partnership with the unions that represent our employees, we will continue to achieve the best results for our members, patients, and the communities who depend on Kaiser Permanente to provide high-quality, affordable health care — and help to keep Kaiser Permanente a great place to work for all. We reiterate our pledge to bargain in good faith and our commitment to reach fair and equitable agreements that provide our employees with excellent, market-competitive benefits and wages.

We are disappointed that some union leaders are choosing to make false allegations and pursue an adversarial, destructive approach as part of their bargaining strategy.